CCMtg08-11-80Ionrnosd City Comsission ~ J ~
Aug:vSt 11, 1980
'19re Iangwail City Camdssion head its tegulaz neeting at 7:30 p.m.
Present: [ or Uskert
Comrission meant
6~nmissiore Aepp
Wrtmissiorier tpn~aetr:
C msissioner Mitchell
navid Q:aay, City A<fidnistrator
&ick Oawn, representing City attorney
ronua merry, city clerk
Mayor Uskert called the :renting m order. Inwcatron follw+ed by pledge of
allegiance to the U`uted States Flag.
1. Approval of minutes - t/28/BO Regular Meeting. t on by ~mdssiorer
Mitchell, semnd try (Ta:missi.oner Grant m al4mve the minutes of ]/28/80 as
sukmitted. Votr urwurrous, sntron carried.
Ordinance IJC. 499 -authorizing in city sea tes firm $5.50 to
$>.50 p_c :moth. Mr. tM~en read Oxrli.nance No. 494 by title only. Mayor Uskert
stated that he thought asonable. audienm stoke
either for or against the px~ased ordnance. n by Canrdssioner lieu,
mod by Cimv.ssimer Ntit: ,ne11 thatOrdinance No~494 be adopted on first
xeadrng. Ibtim carried m a unanvmus roll call mote. Public Neazin9 set
for eepterthec 8, 1980.
3. L=e [huka+it;z objected to the fact that 14. PoL rt fives was not being
lexmitterl to attend the ¢mmission mceWg. r Uskert infomed t1r. Mazka+itz
that Mr. caws has not. ampliea motto me nemssay mnmtiona for teing reaam.tted
to Camussion neetings; a letter to the Cvmtission stating his. willingness~to
make a public apology £or his benavior on July 28, 1980. t 66u'koai.tz, mntinuea
his pmcest and Mayor UsY rt xa)tcsted that either Mr. t4arko+itz srt dam or
leave the seeting. !>r. INrka,a.tz deixir'ted from the aeeting.
Ordinance No. 491 - m building on non-mnforntin9 lots.
read a letter aatsd Augustr6to1980 W the Cafmissim fxcm Mr. Ma n Forks, City
mey, o ruing Me. Fmks opin'ons and m endatrons mn ca:fomting
19x letter stated that the City has three options; optionro gw'ould permit
r o£ narmnforming lots ttat acre lots of cemrd as oP 1958, to build on
individual loin even though the lots might odor mntigmus frontage, option tw
would requite a person wFp arced ca:tigmus lots, even though they worn lots of
xea~ra as of 1958, to put the lots together and cenply with front fmta9e rn-
quire:rents, option three mould app1Y optim one F2 and F3 z 9 and option tw
o FS za:in9. Mr. Pocks re:vmended that optionttheee not be adopted.
ma,a;ssioner Grant stator rode ne was in fawn of option nor one and data that
ho belie~red it would setw the aty's pntpsse well. e4aror ^skert q~scio a tna
legality of Wring the rignt of an individual to build on individual lots away
from him because the lots nappenea to to mntigmus and stated that }e was in
Eawr of opton one. ones Hepp stated that the Camussion didn't c
the s and asked if asspecial exception mold be wade permitting an individual
to build on an individual to ven trowgn the owner had taro xe lots with ocn-
tigmus fmtage. 4r. GaceytsWted th a special exception mold mt b=_ granted
that mould violatel the law. stated that the zorang ordinance had been
texpretea to prevent optionMnwber one until Mr Amps gave nis opirdon that the City
mold not prevent p-rsms with trm m lots with o'rntigmus £rontage fmm building
individual lots. er 6rantmstated that az late a mx:tlu
ago reople were building enssrngle lots wnen they had two ixwithoomtigm:rs
frontage and the inaiviaual lots did not sect frontage zequiramnts.
258
s. Mre. Barbara Witte spoke against optim one ana r~tea that the w,mission
direct the City Attorney V draft an ordinance To supprt the mntiga;ns footage
lnsition or grtion nwSxr two just described. she statdd that option n:mixr one 11
had been previously defeated in Ordinance tb. 409. ll
6. Mr. H sinpsa: spoke in £awr o£ option nwber a:e. [~5: Sinpson stated 11I
that optionOnwter thine had recently been declared illegal sance rt was
exclosionaey zoning.
>. Mr Fay Witte smoke in fawr of option nvd:zr txo and stated that Orange
County Fins an ordinanre in effect enforcing the mntiginus fmtage requirerents.
8. Fir. Pan Nmxe spoke against optlm nwtmr one, s ring that az cently az
five or six nnnths ago people were rxsNired to build on fun lots to neet front
fmtage ,mots.
Commissioner Grant asked Mr.lkm Lundsford if therewcxe only two 00 foot
lots in gimstron. 9e. Lundsford replied that he bad only tw non-w:£oxming
lots and U¢ City had issred him a iermit for one of those.
10. Fbtion by Commissioner Mitchell, sewnd try Comissioner Hepp that the City
mey be renursted [o prep re an ordinanm supporting option nr.tMer tw,
raPb-zing that persons with tw or rtore lots with axttigananvs fmtage be x~uir d
to embine the lotr to t fxwt fmtage yuirmrents. Fbtrm carried a: a 4-1
Flitd:'ell, Ion~w:r„ Hopp and P~ayoc Vslwxt wring Aye; Osrt-
mrssrmer Geant wting Nay.
11. ce by Como Fppp, second by Carzrussioner Mit }yell to r ordinanm
[b. 491 fmn table. sFbtvon carried cn waniimus roll call wte. l
Fbtion by Commissioner Hepp, second by Cesrtussioner [rrnarm that ordinance 1J
[b. 491 M continued :mtil final approval of proposed oz'dinance s:p.:portin9 option
n;erter tw. [btlon cazried on unarti;mus roll call wTe.
13. solution Fb. 400 - aoministratiw £es for teiigx;raxy trailer Permit and
tmpoary m:bile FxmeJrec on vehicle permit, on by Oonnissio:er !iitchell,
second by ~mdssioner Inrmann to take Fesolutron !]o. 900 off tis table, tkstron
carried m wanvrous roll call wte.
Hskert declared a five minute re at 8:35 p.m. and requested that ewxyone
prticiPate in of silent Prayu'sin rmoxy of tits. Sohn Hepp, wife of
Cam¢sswner Hein. t1ayor Uskert c'.lled tM neeting bar]-, to order at 0:95 P,m.
14. Peselutien Ns. 900. Camussionee Mitchell stated that Resolution b. 400 was
ten th permit a Tn Pazk a nubile Ron in a Pvmerty aaner's driveway
orttwo weeks but oruldrnot L used by the auner. rant stated that
M waz opposed to d;arging a fe_ for the pxmit. ~rHepp stated that
sale type of regulation should lm in effeR and thaCt arfes.~uld cover theea'censes
of administering the regulation.
15. on by Camiissior:er Hepp, wand by W~rtissioner Mitchell ttat Pesolution
tb. 400tbe adopted. tors. Petty Mc~D>.mll quastioned if. the [emit for a mile ham
„ould to pnrc3nent. Crnmvssi Hepp answered that it was on~iy fat' visitors for
a period o£ tw weeks and eras not for penianmt residents. er Ipxmxu: ~ 1
suggested that Resolutio: Fb. 400 be mwritten to provide fetter de£iniiia;s of .,
the trailer and :mbile hrne and Mayne tlskert agreed. Conussioner Hepp withdre+r
his motion mnceming Resolution No. 900.
16. on by Conius ner }lepp, sewnd by bamdssioner lnnmern tM1 t Pesolution too.
900 to tabled wtrl Tln City Rttnmey rewrites to provide definitions for trailer
and mobile holm, tbtvon carried by :manvrous roll call w[e.
1]. I@v~lution No, 402 - Ligrowmnt azsessrtents for Irm9Ymd Sndustrial Pazk,
ing date Eor Equalization Eoaed Fieariny. Mr. Coen read by Title only.
at by Cmmr Mitchell, semnd by ¢anmissioner Sexen3nn tint Pesolution
Fbtr402 In ad'~pted. tkrtron Carried by unaniimus roll tail mote.
10. Pesolution No. 403 - Wayrtan Street paving, s ring da or Equalization
roard Hearing rnad by title only. Nntron by Commissioner Hepp, scrod
try Cpmdssiorier Sonrann ttat solution No. 903 L ad pled. Notion cazried on
warurtous roll call wt¢.
19. Agenda Iten xi, Aewlution No. 404 was deletzd without amrcmt.
20. Fesolutim-NJ. 905 - FzQ<n t for finan ial as m fmn 4~urent o
Caumsity Affairs in rng x quire eats of ]aalsCnwmnent CniprnJrensive
planning Act (ILLPA7. Nb a by Crnmussimex Mitchell, second by ~vnissioner
rm~nmat solution Notr405 b=_ adopted. Mrtion carried on wanamus roll
all vote.
21. City %Atinistrator pelnrt: Mr. C]wccy stated that ne had suimi.tts3 a prw.~sal
x. [Miter con ang purchase of s e for fire station and City pazY.
and that Mr. [titter had givven ingression thatthe would accept offee. Cnnnissioner
Grant inquired whetF. property had bean appraised. Mr. Cl~acey stated that
prq~rty xnuld be appraised before purchase was final.
t9r. Cfwcey stated that he tad previously reoxmended Fha1: the water ra es be
zevis~ try lruering the base rate to $3.85 for 4,000 g dons vice 53.85 for
s,0o0 gallons. Ne svMitted a secnd pmpssal that mould increase water rates
by ten [s per thousand gallons for all ~.atee used in excess of 5,000 gallons.
The f1 ~t pxxgesal would provide an increase of approximately $20,000.00 to the
City and the sewrvl Protnsal mould provide an increase of approxunateLy
$35,000.00 to $40,000.00.
on by Cwmdssimer Grant that pminsal nwber tvuo be accepted but that the
ase bs five rnn _ r additional 1,000 gallons over 5,000 instead of ten
~„ts.
fr. Chacey said mat first proposal would add fifty cents lxr mnswer w!m used
m man 9,000 gallons and mat me second pccrosal woala add as mnnn as $3.00.
rated that she aid not believe proposal two was as fair
and asovrding t~omt4~r. Clwcey, subdivisions would to psnalized.
~massionec titchell stated that water rates for neigt~knrtexds not served by
Lmgxvod wam ~mm expensive.
Oamrssrocer Grant s emtron died for lack Of a secand.
22. tb on by Camdssioner Hepp that pmpasal nwrdx?r one be ad pted which would
charge a fez of 53.05 Eor the first 9,000 gallons and 95 cents per thousand gallons
.tn exmss of 4,000.
11ayor Uskert stated flat the ration died for lack of a seed.
Hepp objected mat his notion was not given sufficient rim before
teingsdeclaxed dead for lack of a woad. Mayor Uskert suggested that Comnissimer
IYpp make notron again. Cmmissia~er Gr con to adjourn. Mayor Oshert
said there was still :mfinisned business to mnduM~
Irotion by Camu Hepp, s mood by Commissioner $ptinaN{ That proposal nts~sc
95 rnmntsthod ~usenndwgall csazin~ a fee of 43000, for the first 4,000 gallons and
260
m: failed by a 4-1 wte, Wnmission r Iitchell, Commissioner Iprmann, Ca~missi mer
Graft and Mayor Oskert voting Nay, aed Cam:issioner He[p voting Aye.
23. lotion by Commissioner Lornann, s rood bf mnnissioner Mitt ill ~ place
se on agenda for nett nesting. [btvon carried emus
roll call vot¢. 1~
'
24. Commissioner Grant withdraw etrtion to adjourn.
25. City Attorney 1'+elnrt: Mr. Oxn stated that in xegattl to the finan
No
for the st p ligh[ at State Ibad 439 an irrewcable letter o£ cmdit was
ewssary. Mr. CFwcey sta d that the group had objected to fire maintenanrn
bond svnrn they had not agreed to aaintain the wndition of the light.
26. Mr. Q.m discussed the writ of rtandamus cmwming the suit by Handyway
for failure of the City to approve 5 Plan. fe. 6.en stated that the question
rs whether the Crnrtdssion acted in a ministerial apacity to approve Site Plans
wnemer the cmm:dssi®, bas aiseationaty authority. Mr, a.,e,s stares that
Ordinance 398 gives Camussion a degree of disceetion, Recent wort decisions
have held that Cities m not have dis¢etionary pw.er but can sorely see that
regulatiats are applied with.
r Nepp asked aMUt tM acevrary of a traffic study being done when
the amditions do imt exist. tared ttwt Nandyway bad put the burden
o the City to refute their traffic expert`s study. Mr. Q.+e;t said that it was
1r. &mks xeamrendation that a settlennnt be negotiated and that the Site Plan
to approved.
' xrw:n requested that the City Attorney do additional research an
priorsminutess rn she believed the parties had previously agreed Trot to do ~
anythutg but keep the t l Kennels cn the property. asked
r i
if the fact that the people living axotmd the area xe opnsed
to the st¢e
any[fiting. Mr replied [hat it did not ratter; the question was
whether it was oopatible and Fmv it i~Nacted rn traffic.
i~taror ana co,am.ssion Pelnrt:
2]. liepp expressed his appreciation to all City personnel wFro
s
assisted d
u3ing his wife's funeral and said tFey did an excellent jdi.
28. Commissioner Mitrt:ell discussed a historic lirnnse plate to be sold fry City.
4r, efiacey stated that it would wst $1,040.00 to obtain 1,000 plates and that
if sold for $2.00 each, the city would realize a profit of $960.00.
w by Gnmussioner llitdtell, sewnd by Comissioner Ioxnann to avGrorize
~Chaay to bay the License plates and put then cn sale in the Water IXiparUiant.
Canrdssioner Grant objected due to need for Mlp. Vote fussed 4-1, Cannissioines
14~p, [M1itchell, Innia::n, and Mayor Ilskert voting Aye. Commissioner Grant wtv:g N ay.
29. Commissioner Mitchell asked if we halt' < received an ansxer from Plocida Pave r
statv,g thac a sr,,:et Light wnla be ;n wll a at of rra,g:,aa xius/
G.E. Willia:rsw A>ad. He stated that light had not bee ins~lled.
30. tbtian by Comr wnd try Comr Mitchell to
ner
tr
~N
m
i ~
approve pay'ms:t of bills
t
o
Cazried try watu:
us
roll call wrc. 1
261
31. menn xa~uested that the Comm ~brksiwp On the
Land Use Map bee~anged £xmi 19»rsday, August 21, 1980 at ]:30 p.m. to
Thursday, Aug~vst 28, 1980 at ]:30 p.m. xhe Cgnmassioners agxxH mid t}ie
date o£ tFie workshop was clanged.
Tne meting was adjourned at 10:05 p.m.
IJit ~ Ism