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06-16-1986 - Regular Q 0 CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 16, 1986 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Excused Present Councilman James Inman City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Kenneth Zimmerman, Edgewater Methodist Church, gave the invocation. There was a salute to the Flag. Mayor Baugh requested a motion to recess the Council meeting and go into the Public Hearing. Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: Ord. 86-0-11 - Establishing City of Edgewater Building Trades Regulatory and Appeals Board - City Attorney Alvarez read this Ordinance and stated that it's the last and final reading. ORD. 86-0-11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE I, SECTIONS 7-1,7-2,7-3,7-4,7-5, 7-6,7-7 AND ARTICLE X, SECTIONS 7-340 THROUGH 7-360 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER BY ESTABLISHING A BUILDING TRADES REGULATORY AND APPEALS BOARD; PROVIDING FOR MEMBERSHIP, POWERS, DUTIES AND PROCEDURES OF THE BOARD; ESTABLISHING REQUIREMENTS FOR CONTRACTORS AND SUB-CONTRACTORS; PROVIDING FOR CONTRACTOR LICENSING AND COMPETENCY REQUIREMENTS; PROVIDING LICENSE FEES FOR CONTRACTORS AND SUB-CONTRACTORS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience. Mayor Baugh asked for Council comments and there were no comments from Council. Ord. 86-0-12 Amending B-2 business district to allow auction services, recre- ational businesses and churches - City Attorney Alvarez read this Ordinance. ORD. 86-0-12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTIONS 606.0l(b) AND 606.0l(d), B-2 NEIGHBORHOOD BUSINESS DISTRICT, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ALLOWING AUCTION SERVICE WITH CERTAIN EXCLUSIONS; BY ALLOWING RECREATIONAL BUSINESSES AS A PERMITTED USE AND BY ALLOWING CHURCHES FROM INDIAN RIVER BOULEVARD TO 30TH STREET AS A SPECIAL EXCEPTION IN B-2; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. Reverend Roger D. Miracle, 2121 Willow Oak, pastor of Friendship Baptist Church, spoke on the lengthy process of getting this change made. He referred to the various boards he'd been sent to during this process. He questioned why the recreational business and auction service were allowed to operate their businesses when he was told not to proceed until this was approved. He commented on the delay from the City Attorney's office and that he was told the delay was due to its being tied in with the other two items. He asked if it's fair that the other businesses were allowed to operate when he wasn't to go ahead. Mayor Baugh ageed it's not fair and said when he found out they were going into business without the proper paperwork, he instructed the Code Enforcement Officer to shut them down, but he's not sure of what was done. Reverend Miracle again stated this entire process was confusing and he feels the church meets the criteria as a permitted use in B-2. He asked the members in the audience who supported this to stand up and several people stood. Mayor Baugh asked for Council comments and there were no comments from Council. o o PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: (Continued) Ord. 86-0-13 - Amending Sect.700.0l, off street parking requirements to clarify 10 ft. buffer in B-2, B-3 and B-4 business districts - City Attorney Alvarez read this Ordinance. ORD. 86-0-13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE VII, SUPPLEMENTARY REGULATIONS, SECTION 700.01 (a) REQUIRED OFF STREET PARKING, BY EXCLUDING FROM SECTION 700.01 (a) THE MINIMUM FIVE (5') FOOT BUFFER REQUIREMENTS IN DISTRICTS B-2, B-3 AND B-4, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience. Mayor Baugh asked for Council comments and there were no comments from Council. Ord. 86-0-14 Establishing parking regulations, prohibitions and procedures for violations - City Attorney Alvarez read this Ordinance. ORD. 86-0-14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 17, ARTICLE III, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY CHANGING THE TITLE FROM HANDICAPPED PARKING TO PARKING; BY RELOCATING AND RENUMBERING SECTIONS 17.13 AND 17.14 AND BY RESERVING THEM; BY RESERVING SECTIONS 17.15 THROUGH 17.19; BY CREATING A NEW SECTION 17.20 ENTITLED PARKING; BY PRO- VIDING DEFINITIONS, REGULATIONS, PROHIBITED PARKING OR STANDING OF MOTOR VEHICLES WITHIN SPECIFIED LOCATIONS WITHIN THE CITY LIMITS AND PUBLIC RIGHTS-OF-WAY; PROVIDING FOR THE ISSUANCE OF PARKING TICKETS, PENALTIES AND ESTABLISHING PROCEDURE FOR THE PAYMENTS OR HEARINGS THEREOF; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience. Mayor Baugh asked for Council comments and there were no comments from Council. Mayor Baugh requested a motion to close the Public Hearing and go back into the regular Council meeting. Councilman Inman so moved. Councilman Asting seconded the motion. Motion CARRIED 4-0. Ord. 86-0-11 Establishing City of Edgewater Building Trades Regulatory and Appeals Board - Councilman Asting moved to adopt this Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Ord. 86-0-12 Amending B-2 business district to allow auction services, recreational businesses and churches - Councilman Asting moved to adopt this Ordinance. Councilman Inman seconded the motion. Motion CARRIED 4-0. Ord. 86-0-13 Amending Sect. 700.01, off street parking requirements to clarify 10 ft. buffer in B-2, B-3 and B-4 business districts - Councilman Inman moved to adopt this Ordinance. Councilman Asting seconded the motion. Motion CARRIED 4-0. Ord. 86-0-14 Establishing parking regulations, prohibitions and procedures for violations - Councilman Inman moved to adopt this Ordinance. Councilman Asting seconded the motion. Motion CARRIED 4-0. APPROVAL OF MINUTES Regular Meeting of June 2, 1986 of the meeting of June 2, 1986. CARRIED 3-1. Councilman Asting BILLS AND ACCOUNTS - Councilman Inman moved to accept the minutes Councilman Rotundo seconded the motion. Motion voted NO due to absence from that meeting. Councilman Rotundo moved to pay these bills. Councilman Inman seconded the motion. Motion CARRIED 4-0. City Clerk Martinez stated there's a supplemental bill to Datronics from the Police Department in the amount of $50. with a memo attached explaining why this is necessary. Mayor Baugh asked for a copy of the letter from Datronics where they said there was no charge to attach to his records. Councilman Inman moved to pay this supplement bill. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. -2- Council Regular Meeting Minutes June 16, 1986 o o MISCELLANEOUS Robert H. Christy, 1916 Evergreen Drive, spoke on the chlorine in the water, and pointed out money was put aside for a chlorine plant to be built near Florida Shores but it was never done and water keeps getting worse. Mayor Baugh referred to the locations of the new wells and said he'd received calls over the week-end and had talked to Terry Wadsworth who then called the people to explain to them why it was like that. Councilman Asting noted that the present wells are straining to provide enough water because of the increased growth in population and they hope to have a good supply of clean, treated water. Mr. Christy referred to the newspaper article that linked too much chlorine with cancer. He then asked if Briley, Wild is still the engineering firm and City Clerk Martinez said no, it's Dyer, Riddle, Mills and Precourt. Mayor Baugh added that Frank Marshall is the engineer. Councilman Asting noted that samples of our water are sent to the New Smyrna Beach testing lab to make sure the D.E.R. requirements are met. There was a discussion about the dechlorination system that was later on the agenda. Joe Marosi, 1819 Evergreen Drive, stated his water is terrible because the end of the street is plugged off. He asked why they can't run it somewhere else. Mayor Baugh noted there are several dead end lines in that area and they have to clean them out but they don't have the water right now to keep flushing them. Mr. Marosi said someone might get sick or they could get sued. Mayor Baugh suggested that City Clerk Martinez check for some tests to be run there. Ray Richards, Needle Palm, asked that his representative speak for him and Council did not object. Cecil Jefferson Goodrich, Jr., 439 Hidden Pines, New Smyrna Beach, stated he works at the Real Estate Store on Indian River Boulevard. He passed out to Council a sketch of the area where the alley way is, and said the Richards don't want to vacate the alley but to trade the existing alley or easement for what is now an easement or alley behind their store. He added they want to trade with the one north and south that's west of their building to one east and west of their building. He said from the survey markers is about 16 foot and there was a question about semi's being able to make a right hand turn if they used the alley or easement behind the building. He explained how they would have to maneuver the turns. Councilman Asting asked for clarification of the location of what they want to trade for the alley and Mr. Goodrich said it would be to the east of the present alley. Councilman Asting asked about the areas marked off on the sketch and Mr. Goodrich said one's for a cooler, and one is an extension of the laundromat. Councilman Asting noted that the present alley has access to Indian River Boulevard and Mr. Goodrich agreed. Councilman Asting noted the proposed one would have an entrance off Hibiscus and Mr. Goodrich agreed. Mr. Goodrich asked the Council members to go down and look at the survey stakes. Councilman Asting asked for a legal oplnlon about a trade. City Attorney Alvarez said his first impression was that even though it's a trade off, the platted alleyway would have to be vacated. He noted there are two obstacles, one is the wisdom of doing what's requested and his advice to Council is for matters such as this they should assess it with opinions of the staff, the planner, the City Engineers, the traffic people, etc., and then for the legal aspect they follow Section 112 of the Charter which sets forth the vacating of any right of way. He said they'll need to vacate the alleyway and the new or proposed alleyway will need a legal description and a deed to the City. Mr. Goodrich said the Richards are willing to give by deed that rear part of the property they're talking about. City Attorney Alvarez pointed out they'll have to amend the plat of Florida Shores because it's a plat of record in the County and it shows certain public rights of way and alleys and they'll be amending that plat to accomplish this request. Councilman Asting asked if they have to vacate the entire alley and submit a new plat. City Attorney Alvarez said he'd like to see the actual areas involved. City Clerk Martinez said the alley runs the full length of Florida Shores. Mr. Goodrich said this is the only area that has an alley and Mayor Baugh noted there's one more. City Clerk Martinez pointed out this separates the commercial from the residential area. -3- Council Regular Meeting Minutes June 16, 1986 o o MISCELLANEOUS (Continued) Ray Richards and Cecil Jefferson Goodrich, Jr.(Continued) - There was a discussion about the zoning in the areas and the total amount of what's to be traded. Mayor Baugh noted he'd looked at it and the telephone pole is within the easement of the alleyway. Councilman Asting asked how the other residents along the alley north of the property feel about this and Mr. Goodrich said the tenants come in that way anyway. Mr. Goodrich noted they'd paved the alley behind the store. Councilman Asting asked what the alley behind the store is used for now and Mr. Goodrich replied it's for loading and off loading. Mayor Baugh agreed it's used as an alley now. Mr. Richards stated the garbage truck and the meat truck use it. There was further discussion about ability of vehicles to turn around in that area, and paving of the area. Councilman Inman stated that he'd met with these gentlemen. He referred to the 15 foot square area. Mayor Baugh noted it's 151 feet plus the 15 feet. Councilman Inman said unless they get permission from him to get into the alleyway, they can't go on his property. Mayor Baugh said if they extend this drive behind the store to include the 15 foot easement or alley, it would be 151 plus 15 feet. Mr. Richards agreed that would be fine for him. Mayor Baugh said he didn't want the alley blocked off. Mr. Goodrich said they have a 10 foot setback for a possible lease office space and asked if he could get some type of variance from the existing or if he'd have to draw back another 10 feet if the City owned the property. City Clerk Martinez replied that she thinks it's the property line. Mayor Baugh pointed out it would have to go through the Building Department and Legal Department. Mayor Baugh asked if Mr. Richards would be responsible for the changing and Mr. Richards agreed he would. Mayor Baugh pointed out they need the survey for the legal end of it. Mayor Baugh and Mr. Goodrich pointed out on the map where the area would be. Councilman Inman stated they don't want to get involved in a dead end alley again and they want clear access if they're going to make a right hand turn. City Attorney Alvarez noted that a question about if a variance can be obtained came up and a variance can only be requested when there's a hardship and the hardship is on the land itself, and not the hardship caused by the desire or designs of construction of the land owner. Mr. Goodrich said he understands that. City Attorney Alvarez asked if the presently marked platted alley used for parking is the property in question and Mr. Richards replied yes. City Attorney Alvarez asked if it'll be open to traffic if they're going to pave it. Mr. Richards said he'll put gas pumps there and he's going to pave it, and to pave the extra 15 foot would make it better and keep the sand out. City Attorney Alvarez asked why they want to vacate it because it's still an alley, and Mr. Richards said he was told he couldn't put signs to the gas pumps through City property. City Attorney Alvarez noted it won't be used for the public any more, and the same setbacks will be on the alleyway, and they need to follow the Charter provisions and have it duly advertised and get recommendations from the staff. City Clerk Martinez noted it went to the staff previously. Mayor Baugh said they didn't know where the survey was. Councilman Asting asked for clarification on the map if they come off Hibiscus and make a turn and Mr. Goodrich showed him the plan. Councilman Asting noted they're asking for 145 feet instead of 160 feet and Mr. Goodrich agreed. Councilman Rotundo moved to turn this over to City Clerk/Administrator Martinez and the City Attorney to figure out what they could do with this matter. Councilman Asting seconded the motion. Motion CARRIED 4-0. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - There were no reports from City Council members. City Attorney Reports - City Attorney Alvarez stated that his report will be under item 9.B. on the agenda regarding the status of the Library site, and the Council may wish to bring it up on the agenda. Mayor Baugh said he will suggest it after they get through with the reports. -4- Council Regular Meeting Minutes June 16, 1986 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports - City Clerk Martinez stated she needs Council authori- zation to cut a check for those who wish to attend the Volusia League of Municipalities dinner on Thursday, June 26th at Indigo and hosted by the City of Daytona Beach. Councilman Rotundo made that a motion. Councilman Inman seconded the motion. Motion CARRIED 4-0. City Clerk Martinez stated she received information from Volusia County Department of Development and Code Administration regarding the road impact fee legislation. She noted they sent another interlocal agreement between the County and City. She said there's a meeting at 2:00 P.M. on Tuesday to form a formula from Volusia League of Municipalities to direct to the County prior to adopting this ordinance on Thursday. She pointed out one of the sections in the recent letter is that the agreement provides that if it's determined a permit was issued without the fee being paid that the City will issue a stop work order to remain in effect until the City receives proof of the fee being paid. Councilman Asting moved that they return the materials received from Dick Kelton with a cover letter that the City of Edgewater non-concurs with the County road impact fee. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. City Clerk Martinez stated that she and Chief Schumaker discussed the problems in the Police Department about dollars for the patrolmen. She suggested a Special Meeting and Workshop for discussion in more detail. She noted a memo had been provided and she suggested a meeting on the 19th at 3:00 P.M. No Council member expressed an objection to that date and time. Mayor Baugh asked to move item 9.B., Status report of Library site, up to this point on the agenda, and there were no objections from Council. UNFINISHED BUSINESS Status report of Library site - City Clerk Martinez stated there were three items requested from Council, one was the question of , vacating Alamanda and it appears this was vacated from the Boulevard south with a copy of that ordinance in their packet. She stated the City Engineer reviewed the feasibility of bridging the canal and it's enclosed in the packet also. She noted the third item was an appraisal which the City Attorney has. Councilman Asting noted that the bridging of the canal could be done in the future and it wouldn't have to be done immediately. He suggested they might put in a foot bridge to be used by bicyclists and pedestrians for Edgewater Drive. City Attorney Alvarez noted the appraisal was done and he met with the repre- sentative from Florida Shores. He said the appraisal was at $45,500 and was conducted by Charles A. Armstrong with his method of appraisal being comparable sales in the area considering approximately seven building sites. He added that the representative stated it's a bargain price to begin with so there wasn't much to negotiate on this matter. He said the steps for closing of the property would be according to the procedures that Florida Shores utilizes for its lots, which would be deeds coming out of Miami when the money is put up. Mrs. JoAnne Sikes, 125 East Palm Way, co-chairman of the land search and building committee for the Library, said they looked at a lot of sites and the offer of $45,000 for 1.58 acres came from Donnie Williams. She said their main concern was the traffic and Indian River Boulevard needs a turning lane whether they have the Library there or not. She referred to fewer accidents in places where they have a turning lane. She pointed out it's a valuable piece of land and meets the criteria and she'd recommend buying it. Mayor Baugh noted that the turning lane could be done by D.O.T. and he doesn't feel there will be a problem with getting it. Mrs. Sikes noted that bridging the canal was a suggestion and not a stipulation. Mayor Baugh asked if this location is acceptable to the members of the Board and Mrs. Sikes said it was their third choice and the others were larger. Councilman Asting moved to proceed with the purchase of this land as a future Library site. Councilman Rotundo seconded the motion. City Attorney Alvarez asked about the $45,000 price and Mayor Baugh agreed, unless they could get it for less. Councilman Rotundo asked if they get the 50 feet on Alamanda and City Clerk Martinez said they split it with the abutting property owner. Mayor Baugh said it would be 25 feet and maybe they'd donate the whole 50 feet. Motion CARRIED 4-0. -5- Council Regular Meeting Minutes June 16, 1986 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Building Official/Code Enforcement Officer's Request for additional personnel in Planning Department (Tabled 6/2/86) - Mayor Baugh asked Councilman Inman for a motion to remove this from the table. Councilman Inman declined because they still don't have a full Council. He added that he didn't stipulate that at the last meeting when he made the other motion to table the personnel for the Parks and Recreation Department for a full Council. He said he anticipated a full Council but they don't have one so he wants to leave it on the table until they get a full Council present. Utilities Department's recommendation on bids for de-chlorination system (From 6/2/86 Meeting) - City Clerk Martinez stated there was only one bid and Terry Wadsworth recommends the Council accept it as it's reasonable and acceptance is in the best interest of the City. She added that he states it meets all specifications. Councilman Inman recommended they adopt this bid for $4,920 from Chlorinator Services, Inc. for the best interest of the City of Edgewater. Councilman Asting seconded the motion. Motion CARRIED 4-0. Parks and Recreation Department - Opening of bids for paving entrance road and parking lot at Park and Pier - City Clerk Martinez stated that bids were received from the following: ILA; Towers Construction Company; Martin Paving Company; Halifax Paving, Inc.; and D & W Paving, Inc. She opened the bids and read the totals: ILA - $41,808; Towers Construction Company - $29,760; Martin Paving Company - $21,185; Halifax Paving, Inc. - $35,503.50; and D & W Paving, Inc. - $26,700. She suggested these be turned over to David Garrett for his review and recommendation back to Council. Councilman Asting so moved. Council- man Inman seconded the motion. Motion CARRIED 4-0. Parks and Recreation Department - recommendation for possible sites for parks - City Clerk Martinez read the June 11th memo from David Garrett in which he recommended two other suitable locations for parks rather than Woodland Drive, which are larger and on corner lots and not on canals. She noted that the Parks and Recreation Board voted 4 to 1 to back up Mr. Garrett's recommendations on these two pieces of property. Councilman Asting said he's not familiar with these two locations and he'd like to go out and look at them before they make a decision. Mayor Baugh agreed. City Clerk Martinez suggested a full Council be involved for a decision of this nature and Mayor Baugh agreed. Sid Corhern, Woodland Drive, spoke in favor of the Woodland Drive site, noting the number of children needing a place to play. He pointed out that swings and playground equipment are across from City Hall and they're just few feet from deep water, so the safety regarding the canal should not enter into it. He also stated that only a small child would drown in that canal, and when they're that young, they should be with a parent. Mayor Baugh asked Councilman Asting to TABLE this to go out and look at it and for a full Council and Councilman Asting agreed. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Public Works Department's request for lease purchase agreement for steel wheel roller - City Clerk Martinez read her June 12th memo in which she recommended this purchase be made. She noted the City Attorney reviewed it but there's a date problem for the final payment in September and it should be October to budget the balance of the final payment in the new budget. She said they'd pay for it and receive it in October and the entire amount of rent would apply to it. Councilman Asting asked if it should be changed from September to October and City Clerk Martinez replied yes, and change the other date. She then requested a motion for the Mayor and City Clerk to sign the necessary documents with those changes. Councilman Asting said with the changes, he so moved. Councilman Inman seconded the motion. Motion CARRIED 4-0. -6- Council Regular Meeting Minutes June 16, 1986 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Parks and Recreation Board's request to conduct study and formulate policy to acquire, develop and maintain open spaces, parks and recreational areas (From 5/19/86 Meeting) - Councilman Asting moved to take this from the table. Councilman Inman seconded the motion. Motion CARRIED 4-0. Councilman Asting stated his main objection to this item is that he feels they're overstepping their function, which is to advise Council on matters concerning parks and recreation areas. He said the correspondence requests they formulate policy to acquire, which is a Council function, and to develop and maintain open spaces, and that's Council's function and City adminis- tration's function. He said he doesn't go along with the correspondence in this present form and recommended it be denied. Mayor Baugh asked if they want to return it for another letter with the intent to recommend to Council and Councilman Asting replied yes, because he thinks they're overstepping their functions. Tom Sheridan, Willow Oak Drive, spoke as Chairman of the Parks and Recreation Board. He asked Councilman Asting if the Council has a policy for developing and Councilman Asting said no, and they're willing to listen, but the memo says they'll formulate the policy and acquire and that's a Council function. Mr. Sheridan stated that's not what the memo meant at all, and it's like a procedure to follow down the line. Mr. Sheridan stated that the authorization, if granted, will be turned over to Council for approval and implementation and they're not trying to take power from Councilor anyone. There was further discussion about the intent of the memo. Mr. Sheridan referred to Ordinance 82-0-17 dated May 17, 1982, and read excerpts from it regarding the establish- ment of the Parks and Recreation Board and its duties. There was further discussion between Councilman Asting and Mr. Sheridan regarding the intent of the memo. City Attorney Alvarez said it's a matter of semantics as to what the Board intended and the manner in which it was put on paper. Councilman Asting agreed he'd consider other recommendations advising Council. Mr. Sheridan stated if they have a standard procedural policy and do it in sequence they'll have a more efficient Board. City Attorney Alvarez noted that the way it's written, it could be the ordinance would need amending. Mr. Sheridan said he thinks everything in the letter is contained in the ordinance. City Attorney Alvarez said he hasn't read the ordinance but from the communication, then they have the authorization. Mr. Sheridan said they want to make a study and turn it over to Council. He then referred to an M.O. used in the military. Councilman Asting moved to refer it back to the Parks and Recreation Board for rewriting or clarification. Councilman Rotundo seconded the motion. Councilman Asting noted they had a similar situation with a previous Council that took a lot of authority the Council has for governing the City and it caused confusion, and action by the board caused a lawsuit against the City. Motion CARRIED 4-0. COMMUNICATIONS Petition requesting 27th Street be paved or kept in better condition - City Clerk Martinez stated there was a petition with 81 names. Mayor Baugh pointed out this street was removed from this year's project and put on next year's. Councilman Inman reviewed how he received the petition at his home and that he'd talked to the Public Works Superintendent about it. He then reviewed the process of scraping the roads. He suggested the roads in that area be placed on the program for the next budget year. Mayor Baugh assured him it was. Adolph Slapnik, 2709 Fern Palm, said he instigated the petition, and they feel they're trapped there and want something done. He said he noticed roads are scraped more frequently but they'd like it paved because it's a main artery from the west side to Route 1 with heavy trucks and a lot of traffic. Councilman Inman suggested that Mr. Slapnik call him whenever service isn't up to par. City Clerk Martinez referred to the speeding problem there. -7- Council Regular Meeting Minutes June 16, 1986 " o v ORDINANCES AND RESOLUTIONS Ord. 86-0-15 Regulating mooring vessels on City property - City Attorney Alvarez read this Ordinance. ORD. 86-0-15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 6, BOATS, DOCKS AND WATERWAYS, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY REGU- LATING THE MOORING OF WATERCRAFT VESSELS ON CITY OWNED WATERFRONT PROPERTY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Inman moved to adopt this Ordinance 86-0-15. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Ord. 86-0-16 Amending Art.VII, Supplementary Regulations of City Code, Changing Site Plan Approval Procedures, Fees and Time Tables - City Attorney Alvarez read this Ordinance. ORD. 86-0-16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTIONS 715.02, 7l5.02(IV) AND (V), SITE PLAN APPROVAL; SECTION 715.03(2) AMENDMENTS TO THE APPROVED SITE PLAN, SECTION 715.05 APPLICATIONS, AND CREATING A NEW SECTION 715.06 ENTITLED SITE PLAN EXPIRATION, BY CHANGING SITE PLAN APPROVAL PROCEDURES, FEES AND TIME TABLES OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo so moved. Councilman Asting seconded the motion. Motion CARRIED 4-0. Res. 86-R-30 Authorizing Agreement with New Smyrna Beach Utilities Commission for emergency water supply to Edgewater - City Attorney Alvarez read this Resolution. RES. 86-R-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE UTILITIES COMMISSION, CITY OF NEW SMYRNA BEACH, TO PROVIDE POTABLE WATER TO THE CITY OF EDGEWATER, IN TIMES OF EMERGENCY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo moved to adopt this Resolution. Councilman Inman seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS Paving request for Evergreen Drive and other short streets (From 6/2/86 Meeting) - City Clerk Martinez stated they have a memo from Earl Copeland which lists the streets as Evergreen Drive north of the Boulevard; Coco Palm north of the Boulevard; Date Palm north of the Boulevard; and New York on the south end. for a total of 1,147 feet. She noted that the streets previously selected were advertised and it's too late to include them in the current bids but they could add them to the 1987 project list or have a paving assessment for just the 1,147 which would be very costly for the City. Councilman Asting moved to add the additional 1,147 feet to the 1987 program. Councilman Inman seconded the motion. Councilman Asting suggested they might be able to get whoever gets the bid to put the pavement down to add that 1,147 feet. City Clerk Martinez said they have to amend the role to incorporate these. Councilman Rotundo asked if it's all new construction and City Clerk Martinez replied yes. Councilman Asting asked about the Community Development Block Grant and Mayor Baugh replied it's for recapping and this is new construction. Mayor Baugh said he feels bad about this and if it's put on next year's budget, it should be the number one priority. Joe Marosi, 1819 Evergreen Drive, said they were promised since 1983 that it would be done and each year they move it ahead and it's not right. He stated they have money for parks but not streets. Mayor Baugh clarified the parks are under a grant. Councilman Rotundo said if there's any money left on this year's budget to do these road, they could go ahead and do them, and he asked if they can incorporate it. City Clerk Martinez asked if they want a second assessment program before October 1st and Mayor Baugh replied there's no enough time. Motion CARRIED 4-0. Status report of Library site - This item was handled earlier on the agenda. See page 5 of these minutes. -8- Council Regular Meeting Minutes June 16, 1986 - . o NEW BUSINESS o ADJOURN There was no New Business brought up at this meeting. Mayor Baugh requested a motion to adjourn. Councilman Asting so moved. Councilman Inman seconded the motion. Meeting was adjourned at 9:00 P.M. Minutes submitted by: Lura Sue Koser ATTEST: Approved ~A~ MA~~ ~ CO NCILMAN - ZO E WO ~~ COUNCILMAl'l/ ZONE HREE ~ -zrJ~~. UNCILMAN - ZONE FOUR ~5 rU/ #f:tY do I{ f; ( p- ~ ~ -9- Council Regular Meeting Minutes June 16, 1986