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02-20-1975 - Special ~~ '- u u .' . ~ THE CITY COUNCIL OF THE CITY OF EDGEWATER SPECIAL MEETING HELD FEBRUARY 20, 1975 The Special Meeting of the City Council of the City of Edgewater was called to order February 20, 1975 at 7:30 P.M. by Mayor David C. Severance. ROLL CALL Mayor David C. Severance Councilman Jacob Lodico Councilman William H. Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz City Manager Dale Bryant City Attorney Joseph E. Weaver City Clerk Sue Blackwell Police Chief George Katez Present Present Present Present Present Present Present Present Present Mayor Severance stated that the purpose of this~eeting is to discuss only one item and that item is the Cameron Mobile Home Park, and there will be no other business before the Council. APPROVAL OF MINUTES None COMMUNICATIONS A letter to be read later under Old Business RESOLUTIONS None ORDINANCES None OLD BUSINESS At this time Mayor Severance turned the floor over to City Attorney Weaver. Mr. Weaver went through the copies of the minutes which the Council had in front of them, answering many questions from the Councilmen. 5 min. He stated that on July 1st this property was zoned MH1-A, and that Ordinance 878 was passed at this time. This ordinance was vague in that it did not define unit specifically. Mr. Weaver stated that Mr. Cameron actually made a request for water and sewer prior to July 1, and actually has a good case of being grandfathered under the old Ordinance. 10 min. Councilman Dietz read from the audit report, and asked if a mobile home is a dwelling unit. Mr. Weaver answered that the situation with trailer parks in the City of Edgewater has always been to consider them as far as water purposes as one unit.for the entire park. 15 min. Councilman Sikes asked if we have the date that Mr. Cameron came before us and showed the Council the plans? Mr. Weaver answered that was June 17th. , -' o ... Q At that time Mr. Cameron was asked to write this back to us formally so that we would have something tangible to send to the engineers. 20 min. At this time Mr. Jack Bevel spoke to the Council on the motion that he made at the meeting September 3rd. He stated that prior to making his motion he asked for a legal opinion as to where the council stood and the opinion was that the man was building one unit therefore we could not charge him for more than one unit connection. He stated that his motion was that the man will be charged per the Ordinance, the ordinance says that he will be charged per unit, and he has one unit. Also that this was voted on by the Council and carried, and should have ended then. Councilman Dietz stated that the motion was not clear at the time. There was much discussion as to what a dwelling unit is. 25 min. Councilman Dietz stated that he would like to see us go on record as saying that he owes us the money, he brings us to court, and lets let the courts decide. 30 min. Ta pe 1 Side B o m in. 5 min. There was more discussion about Mr. Bevel's motion. Mr. Dietz stated that Mr. Bevel's motion was a long ways from July. Mayor Severance stated that the reason for that was that the council was waiting on a reply from the engineers on be confusion over their letter and the way it was interpreted. The' letter did state that the City had the water capacity for this Mobile Home park, however the wording was confusing. At this time Mr. Cameron was given the floor, and he recapped on the situation from the first time they came to the city with their intentions up to this date. Mr. Cameron stated that on September 3rd Mr. Bevel made a motion that there be no special privileges, no special treatment that Mr. Cameron's check be accepted on the interpretation of the Ordinance, on the basis of the way the Ordinance states and not the way it was intended. Therefore, he stated that he still feels that this issue is closed at that time. Mr. Cameron stated that at the next Council meeting, Attorney Jeff Clark was present with him and they put the question to the Council at that time point blank - Do we owe anymore, do you intend to re- open this are we going to be hit by anymore fees? The answer at that time was No. Councilman Lodico that at the time Mr. Cameron came in with the idea to build the Mobile Home Park there was no talk about changing the Mobile Home Parks from one unit as far as the fees are concerned. Mr. Cameron was not trying to beat the clock anotherwords. Mr. Bevel stated that Mr. Cameron did have his intentions Rnown before any talk of changing the rates began. Mr. Cameron stated that he would like to answer Mr. Lodico, that he had no idea that any such ordinance was being drawn up. There was discussion about the auditors report in regard to this. 15 min. Councilman Dietz stated that only fourteen days after Mr. Cameron's request was received the auditors report was received. 10 min. -2- ~ w Q Mrs. Murphy spoke to the Council questioning whether Mr. Cameron had any rights as a Mobile Home Park owner before July 1st, since he was not a Mobile Home Park owner until that time. She asked that the Council please consider the safeguards of the Edgewater citizens in regard to this matter. 20 min. Mayor Severance asked for the Council IS _leasure in resolving this matter once and for all. Councilman Sikes stated that although he may not agree to it, that because of the fact that the Council acted upon it this matter was settled on September 3rd, when Councilman Bevel made the motion that we would charge Mr. Cameron fees as stated in the Ordinance. Councilman Dietz made a motion that this Council would take a vote tonight that Mr. Cameron will have to pay the fees set forth in the original 878 as passed on July 1st, 1974, now I am doing this with the hopes that he will bring a friendly law suit against the City of Edgewater, and we will let the courts decide this once and for all, said motion being seconded by Councilman Cairnie. Mayor Severance stated that the motion that Mr. Dietz has just made is exactly the same motion that Mr. Bevel made, I canlt see this Council making the same motion that a previous Council made. Councilman Cairnie withdrew his second, and Councilman Dietz with- drew his motion. Councilman Dietz made a motion that Mr. Cameron will be charged under 878 with the presumption that 878 refers to as a unit as a mobile home as a single unit, Said motion DIED due to the lack of a seoond. Councilman Dietz questioned Councilman Cairnie what the difference was in the two motions? Councilman Cairnie stated that that court action was mentioned in the first motion. Councilman Dietz stated that you can't make that into a motion. 25 min. Tape 2 Side A o min. At this time Mrs. Nichols was given the floor. She stated that the Camerons are Edgewater Citizens also, and they should be given the consideration that other citizens are given. She also stated that she wants it on public record that she did not sell the property to the Camerons, which is something that she has heard. She stated that she hoped that this could be settled without the expense of a lawsuit against the City. Councilman Dietz questioned City Attorney Weaver what the expense of a friendly lawsuit would be. City Attorney Weaver stated that he could give an estimate on the costs, but not on the damages Mr. Cameron might ask for, which is what would concern him. At this time Mr. Jason Reynolds, attorney for Mr. Cameron was given the floor. He stated that it would not be a friendly lawsuit, and he feels that it would be a dis-service to the citizens to do this. Councilman Sikes stated that he would like to repeat that he feels that this was taken care of with Mr. Bevel IS motion on September 3rd. -3- ~l. .'. . -1 - o Q Councilman Sikes asked the City Attorney if the motion shouad be elaborated on a little more. City Attorney Weaver, stated that it should be clarified that he be charged connection fees for water and sewer for one unit. 5 min. Mr. Bevel stated that prior to making his motion he also asked for legal advice and he made the motion as the City Attorney stated he should Councilman Dietz sta:Cd that we have clarified Ordinance 878, now let's clarify th~lIotion. Councilman Sikes stated that he would like to make a motion to further clarify Mr. Beve1's motion on September 3, 1974 pertaining to the charge for the Cameron Mobile Home Park that the charge will be a one unit charge for water and sewer, being seconded by Councilman Cairnie. Mrs. Murphy spoke again about the money we stand to loose, and the precident we are forming by doing this. Mr. Taylor asked if the t~pes could be heard of the September 3rd meeting. At this time the tape was played for the Council. 17 min. Mr. Armstrong spoke to the Council, stating that an Ordinance shall prevail until it is amended. The Council cannot make special exceptions for one person, he should be treated under the Ordinance as it states. 25 min. Tape 2 Side B o min. Mrs. Webber stated that since there is so much controversary in this matter that it should be taken to a higher court. Mr. fameron stated that he believes that he has stated in the past thatfhey would not be pursuing the mobile home park if we owe $56,000.00 for connection fees. Since the beginning of these conversations, the expenditures on traveling and permits, etc. if this does have to go to court, not as a threat, but we will be suing for damages. Mr. Reynolds spoke to the Council again, and stated that their position remains that this matter is closed and that it is not open for a motion and that it is not now possible for the city to reverse their decision. At this time Mayor Severance called for a roll call vote on Councilman Sike's motion. Upon roll call vote sa~d motion CARRIED, Councilman Dietz voting NO. At this time Councilman Dietz turned a letter over to the City Clerk to read. The letter is addressed to Mr. Calvin Dietz, from Mr. Jason G. Reynolds, attorney for Mr. Cameron. This letter is asking for a public apology from Mr. Dietz in regard to certain defamatory statements he has made in connection with certain matters pending before the Edgewater City Council indi- cating that Mr. Cameron has been involved in alleged payoffs in return for favorable treatment by the Council and its attorney. Councilman Dietz stated that this is erroneous. He stated that he does not know what the man is talking about, however there was one situation that came up and he spoke with the attorney about it. This had to do with a conflict of interest but not any pay- offs. He stated that he still feels there is a conflict of in- terest in regard to one Councilman. -4- . '- f. .,f..~. .. v u Councilman Sikes stated that the City Attorney came to talk to him in regards to this at Mr. Dietz'a request. He stated that he can't understand when he was appointed to this job if anyone thinks that he is so stupid that he would not check into the conflict of interest laws and that he would give up twenty years of banking for a thankless, $100.00 a month job to serve on the City Council. Councilman Sikes also stated that whatever transactions are handled at the bank, he gets paid a salary and not on a commission basis. There is no conflict of interest, and if anyone feels there is, they can get in touch with the State's Attorney, and he is open for investigation. Councilman Dietz stated that he still feels that there is a conflict of interest and he feels that he has a right to his opinion. Mayor Severance called order to the discussion. ADJOURNMENT Councilman Cairnie made a motion to adjourn, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Sue Blackwell Debbie Sigler -~ f!u- MINUTES TAKEN BY: A;]::, ~ cfi ty Clerk ,,- ~ -5-