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02-13-1975 - Public Hearing/Regular . ,.1. . . Tape 1 Side A o min . 5 min. 10 min. c.. u THE CITY COUNCIL OF THE CITY OF EDGEWA'IER PUBLIC HEARING HELD FEBRUARY 13, 1975 The Public Hearing of the City Council of the City of Edgewater, Florida was called to order Thursday, February 13, 1975, 1975, at 7: 00 P.M., by Mayor David C. Severance. ROLLCALL Mayor David C. Severance Councilman Jacob Lodico Councilrrnn William Cairnie Councilman Walter B. Sikes Councilman Calvin Dietz Ci ty Manager Dale Bryant City Attorney Joseph Weaver City Clerk, Sue Blackwell Chief of Police George Katez Present Present (came in late) Present Present Present Present Present (came in late) Present Excused Mayor Severance explained that the purpose of this Public Hearing is to discuss the Ordinance pertaining to water cut offs, which will corre up at the regular Council rreeting later tonight. Councilman Dietz stated that he does not understand the report which was given to. them. The City Clerk explained the report. Mayor Severance read Ordinance No. 905 to the public so it would be clear to everyone what is being discussed. Councilman Dietz stated that he feels this is such a small amount of money for the City to worry about, yet"it is another inflationary measure on the citizens. He feels that the cut offs should be allowed. Councilman Lodico stated that this averages $600.00 per month, and losing 15 min. this much could hurt the City. The City is trying to make improvements to better the water, and this money could be used for such things. 20 min. Mayor Severance explained that as it was rrentioned before whether a resident is away or not, maintenance is still done on the water lines, the meters are still read, etc. This should also be taken into consideration. Councilman Cairnie questioned how the water cut off privilege was abused. Mayor Severance stated that to his knowledge the only abuse complained of was of trailer park residents who told the park owner that they were leaving and they did not receive the reduction in their rates. Councilman Cairnie asked why it isn't possible to have the water that goes through the meter read plus the 100% for sewer charge. This was when the people go north the water would be less, then the park owners could make the reduction to the individuals. Councilman Cairnie made a motion to recess this PUblic Hearing, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. (.J (.J THE CITY COUNCIL OF THE CITY OF EDGEWA'IER REGULAR MEErING HELD FEBRUARY 13, 1975 25 mID. 'Ihe Regular Council Meeting of the City Council of the City of Edgewater, Florida was called to order Thursday, February 13, 1975, at 7: 30 P. M., by Mayor David C. Severance. ROLL CALL Mayor David C. Severance Councilman Jacob Lodico Councilman William Cairnie Councilman Walter B. Sikes Councilman Calvin Dietz City Manager Dale Bryant City Attorney Joseph Weaver City Clerk, Sue Blackwell Chief of Police George Katez Present Present Present Present Present Present Present Present Excused Councilman Cairnie made a motion to recess the regular meeting until the Public Hearing is over, being seconded by CounciJrnan Dietz. The Public Hearing was recalled to order by Mayor Severance. Tape 1 Side B o mID. Mr. Hubert Keppel, Pyramid IVbbile Home Park spoke to the Council in regard to He stated that his park's water and sewer lines are maintained by him (the park owner) not by the City. He also stated that what the City is doing, is trying to get from the non users enough money to operate the park. He said that even if the water rates were raised, this would make the consumers of the more water pay for the little rrore they use. 5 min. Mrs. Phyllis Woodard asked if a person owning a home in Edgewater were now allowed to cut off their water if they go up north for the summer? Mayor Severance stated that under the present Ordinance they are. Mr. Jim Mackie asked if a mobile home park resident has to pay for garbage pickup if they are away for a few months, like home owners? Mayor Severance stated that this real;1y doesn't pertain to the business at hand, but he will ask the City Clerk to put this on the agenda and find out about this before the next workshop. Councilman Cairnie asked if the residents still have to pay for the water whether they are there or not and they decide to have their water cut off 10 mID. for the safety of their home, do they still have to pay to have the water turned back on, plus the monthly water bill? Mayor Severance stated that this will have to be discussed among the Council and deterrrilned. Mrs. Carver stated that when a City employee reads the meter at a mobile home park, instead of reading 66 meters he reads one meter. She feels that the time saved should come into consideration. Mayor Severance stated that this was taken into consideration when the rate sc hedule was worked up. lYbbile hone park's rate is less than single family homes. -2- ~ u Mr. Jack Sauers stated that if this Ordinance is passed, he is going to have to' increase his rates, and it is not going to be his fault. Mayor Severance stated that this is more of an attempt to get everyone on an equal basis and everyone will pay for the services 15 min.rendered. Councilman Dietz asked if the Water and Sewer Department of the City in financial trouble? He asked what has necessitated this increase at this time. 20 min. Mayor Severance stated that one thing that might necessitate this increase is the possibility of another employee in the Water and Sewer Department. There was some discussion about the May Zima report, which stated that a rate increase would not be necessary for the Water and Sewer Plant expansion. 25 min. Councilman Lodico made a motion to adjourn the Public Hearing, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. REGULAR MEETING Mayor Seve~ance recalled the regular meeting to order at this time. INVOCATION Rev. Sayer Canova SALUTE TO FLAG APPROVAL OF MINUTES 5 min. Councilman Dietz made a motion to table the minutes of the Special Meeting, December 19, 1974, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Lodico made a motion to approve the minutes of the Regular Meeting January 23, 1975 and the Special Meeting, February 4, 1975, being seconded by Councilman Sikes. Councilman Cairnie stated that in the Minutes of the Regular Meeting held on January 23, there is an error in the proceedings. Councilman Cairnie stated that he made an amendment to a motion, and the amend- ment should have been taken care of before the motion itself. He stated that Attorney Weaver incorrectly advised the Mayor to take action on the original motion. City Attorney Weaver stated that there was not an amendment made, therewas a motion to table the original motion. Councilman Ca1rnie stated that he made an amendment to the motion that the motion be tabled. City Attorney Weaver stated that Councilman Cairnie did say that he would like to amend the motion, however what was the amendment? When LO min. something is amended the original is altered but not completely thrown out. Mayor Severance called for a roll call vote on the motion to approve the minutes. -3- ~ ~ u Upon roll call vote said motion CARRIED. NO. Councilman Cairnie voting Councilman Lodico made a motion to approve the minutes of the Special Meeting, February 4, 1975, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. COMMUNICATIONS Certification of Posting The City Clerk read a letter from the Board of Governors stating that they are very pleased with the new members appointed to the board, and requesting that Mr. Alex Thompson be appointed to the board also. The City Clerk read a letter from the Edgewater School Patrol requesting a contribution for their trip to Tallahassee. Councilman Cairnie made a motion to give the School Patrol the same amount of money that was given to them last year,($150.00) being seconded by Councilman Sikes. 15 min. Councilman Dietz questioned if the auditors would be able to pick this up without it being in the form of a Resolution. The City Attorney asked the City Clerk how this was handled last year. The City Clerk explained that the auditors analyze each account and pick up these various items. Upon roll call vote said motion CARRIED. The City Clerk read a notice from theVolusia League of Municipalities of a special meeting which will be held at the Island Beach Lodge on February 27, 1975. Mayor Severance explained to the Council that if it is decided to go to this special meeting, our Council Meeting will have to be scheduled for Friday, February 28, because we have to have two meetings a month. Councilman Cairnie stated that no motion was necessary on this, the City Clerk and one member of the Council should come on Thursday and due to a lack of a quorum the meeting would be canceled until the next night. 20 min. The City Clerk stated that she had to have enough time to give Public Notice. Councilman Cairnie made a motion that the meeting scheduled for February 27,1975, will be rescheduled for February 28, 1975 at 7:30, being seconded by Councilman Lodico, Upon roll call vote said motion CARRIED. The City Clerk read a letter from Mr. Hamilton Oven of the Department of Pollution Control to F.H.A., stating their approval of the City of Edgewater's wastewater treatment plant expansion. The City Clerk read a letter from Mr. W. B. Glaser requesting an occupational license to open a mailing business for thepurpose of teaching Aikido -4- , . 30 min. Tape 2 Side B o min. 5 min. 10 min. 15 min. 20 min. o u Councilman Cairnie stated that he feels that this should be tabled for the next workshop. Councilman Sikes made a motion to grant Mr. Glaser this license with certain restrictions, being seconded by Councilman Cairnie. There were a few questions from the audience about this. Mrs. Murphy questioned why this person doesn't use his post office box in New Smyrna Beach, where his school is going to be located. Mrs. Webber stated that this man is not going to work at the post office, therefore this should not be the address given for an occupational license. Councilman Dietz stated that this man needs a license so that he can be straight with the postal service. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Marjie Perkins and Laurie Perkins requestion permission to go door to door collecting aluminum which can be discarded. The collection is being done for the Jerry Lewis Muscular Dystrophy Telethon. Councilman Lodico made a mot~on to grant them permission through their father, being seconded by Councilman Cairnie. Upon roll call vote saidmotion eARRIED. The City Clerk read a letter from Magnuson Corporation in regard to individual sewage disposal facilities, and extending the time limit for individual sewage disposal installations. Councilman Cairnie made a motion to table this communication being seconded by Councilman Lodico. Councilman Dietz questioned whether the Council feels that Briley Wild should be given authorization to make a study of this. Councilman Dietz stated that he would like to make an amend- ment to the motion that to include in it that the engineers will be given instruction to gather all the information they can and present it to us at the next workshop meeting so we can proceed thereon,being seconded by Councilman Cairnie. (this will be the March 10th workshop). Upon roll call vote said motion CARRIED. Mrs. Murphy asked why the Council couldn't write directly to the State rather than spend so much money on Briley Wild. City Manager Bryant stated that Magnuson Corporation received communication rrom the State's Attorney in regard to this. Mr. Bryant stated that we would only receive the same infor- mation unless we had some type or engineering data to send to them. It was explained to the public that the area being discussed does belong to the City or Edgewater. There was some discussion from the audience. Councilman Lodico stated that this has been tabled for the next meeting. -5- / o u Tape 3 Side A o min. The City Clerk read an Affidavit from Norman G. King, describing his business located at 1517 South Ridgewood Avenue, and requesting a twenty year non-conforming use variance. At this time Mayor Severance read an opinion from the City Attorney in regards to this, which states that this structure itself is not a non-conforming structure, and suggesting a meeting with the applicants. Councilman Dietz made a motion to invite Mr. King and Mr. Arnette to the March 10th workshop so that this can be discussed with them, being seconded by Councilman Lodico. City Attorney Weaver stated that the building is not non-conforming it is a non-conforming use, and perhaps they could get a variance from theBoard of Adjustment. Councilman Dietz withdrew his motion, Councilman Lodico withdrew his second. 5 min. Councilman Dietz made a motion to have our attorney write a letter to the applicants and inform them of this information and tell them to apply to the Board of Adjustments, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. The City Clerk read a communication from theBoard of Adjustment in regard to variances which were granted at their Public Hearing, February 3, 1975. Councilman Sikes made a motion to approve the recommendations of the Board of Adjustment, being seconded by Councilman Caipnie. At this time Mrs. Woodard asked if this was going to be the regular way of handling these variances. Mayor Severance stated that after this was taken care of he was going to open the floor for discussion. Upon roll call vote said motion CARRIED. At this time Mayor Severance stated to the Council that the Building Code states that the Board of Adjustments will be a final authority for variances subject to appeal to the City Council and further appeal to the court, however in the Zoning Ordinance states that the Board of Adjustment shall operate strictly as a recommendation type board and that any and all of their actions shall come before the Council for approval. This must be decided among the Council, which way we are going to go. Councilman Sikes questioned if the Board of Adjustment had the final authority would the Council still be informed of what was going on1 Mayor Severance stated that the Council would receive the minutes from the meeting, however it would be in the form of records rather than a recommendation. 10 min. Councilman Sikes questioned if the City Attorney attends all of the Board of Adjustment meetings. City Attorney Weaver answered that he attends the Public Hearings. Councilman Dietz stated that this would make the board a legis- lative board rather than a recommendation board. 15 min. Mrs. Woodard spoke to the Council that if the Council is going to havethe final authority she suggests that the Board of Ad- justment be abolished and the people can come straight to the Council so that they are not held up so long for the variances. -6- 20 MIN. Tape 3 Side B a min. 5 min. 10 min. 15 min. 20 min. u Q Councilman Dietz made a motion to table this for the workshop March 10th, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. The last communication is to be held until the special meeting. CIVIL DEFENSE At this time Mr. Christy showed a film which he took during the Civil Defense Exercise. RESOLUTIONS RES. NO. 566 A RESOLUTION APPOINTING ALEX THOMPSON TO THE BOARD OF GOVERNORS OF THE COMMUNITY CENTER AND RECREATION OF THE CImy OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. This Resolution was read in full by City Attorney Weaver. Councilman Cairnie made a motion to adopt this Resolution, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. RES. NO. 567 A RESOLUTION APPOINTING JOHN D. GROSS, SR., TO THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. This Resomution was read in full by City Attorney Weaver. Councilman Lodico made a motion to adopt this Resolution, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. At this time Mr. Charles Hall was given the filioor to speak to the Council. Mr. Hall represents Mr. Hamel, who is asking for water connection to his property. Mr. Hall asked the Council to table the final passing of Ordinance No. 904, however, if the Council does pass Ordinance No. 904, please include in the motion certain rights to Mr. Hamel since his request was into the City before this Ordinance was drawn up. At this time Mayor Severance read a memorandum from City Attorney Weaver in regard to this matter, in which three courses of action are outlined for the Council to choose from. There was some discussion among the Council in regard to this. Councilman Cairnie stated that he feels this is an outrageous rate for trailer park residents to pay to hook up to the water. City Attorney Weaver stated that he believes that Ordinance 904 could be passed and still have negotiations with Mr. Hamel to decide whether he will fall under Ordinance No. 878 Councilman Dietz questioned why it wouldn't be proper to adopt this Ordinance and give Mr. Hamel the variance of Section A of the Ordinance the same as Mr. Cameron and th~s would be fair and equitable. -7- o o 25 min. Mr. Robert Christy asked the City Council a few questions in regard to this. Mayor Severance answered him. Tape 4 Side A o min. ORDINANCES: ORD. NO. 904 AN ORDINANCE REPEALING THOSE PARAGRAPHS OF SECTION 2 OF ORDINANCE 878 DEALING WITH WATER CONNECTION FEES AND SEWER CONNECTION FEES AND REESTABLISHING SAID FEES UNDER THIS ORDINANCE AS A WATER DEVELOPMENT CHARGE AND A SEWER DEVELOPMENT CHARGE AND FURTHER PROVIDING FOR THE IMPLEMENTATION OF EACH CHARGE AND FURTHER PROVIDING FOR THE METHODS OF PAYMENT AND UTILIZATION OF FUNDS COLLECTED THEREUNDER AND PROVIDING AN EFFECTIVE DATE THEREFOR. 5 min. This Ordinance was read in full by Mayor Severance. Councilman Cairnie questioned why the sentence where it is stated that such funds shall require the approval of the City Manager and the City Consulting Engineer. He stated that this was not their place to approve. Councilman Dietz asked the City Attorney to clari~y that matter. City Attorney Weaver stated that this is in the Ordinance to protect the use of the money. Councilman Cairnie questioned Section 7 of the ordinance where it is stated that any building not completed by December 31, 1974 shall be subject to the fee. 10 min. City Attorney Weaver stated that this could still be left the same, as long as you recognize the situation with Mr. Hamel. Councilman Sikes made a motion to adopt this Ordinance, being seconded by Councilman Lodico. City Attorney Weaver stated that he would advise that it be added to the motion to recognize certain rights of Mr. Hamel. Councilman Cairnie stated that he would like to make an amend- ment to that motion that the whole thing be tabled until we negotiate with Mr. Hall and Mr. Hamel. Mayor Severance explained to Mr. Cairnie that tabling a motion is not amending it. Councilman Cairnie made an amendment to the motion that we negotiate with Mr. Hamel to determine which Ordinance he will come under, being seconded by Councilman Dietz. Councilman Dietz questioned the City Attorney why this Ordinance couldn't be retroactive to July 1st instead of December 31st. The City Attorney stated that it could be, however there would probably be a law suit from Mr. Cameron in that case. 15 min. Councilman Dietz w.ithdrew his second to the amendment to the motion. Councilman Cairnie withdrew his amendment. Councilman Cairnie stated that he would like to make another amendment to that motion that we negotiate with Mr. Hamel under paragraph C of the Attorney's memorandum. This amendment DIED from lack of a second. -8- . . o ~ Upon roll call vote of the original motio~ said motion CARRIED. Councilman Cairnie and Councilman Dietz both voting NO. 20 min. Councilman Dietz made a motion that we negotiate with Mr. Hamel as per Mr. Weaver's recommendation under section C, being seconded by Councilman Cairnie. There were questions from the audience about whether it is legal to negotiate with Mr. Hamel and give him special privileges since the Ordinance just passed. Upon roll call vote said motion CARRIED. Mayor Severance voting NO. ORDINANCE NO. 905 AN ORDINANCE DISCONTINUING THE PRIVILEGE OF WATER AND SEWER SERVICE CUT-OFFS TO ALL CUSTOMERS OF THE EDGEWATER WATER WORKS AND SEWER SYSTEM, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. This Ordinance was read by title only by City Attorney Weaver. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Sikes. 30 min. Councilman Lodico spoke to the Council on the research he has done on this subject. He stated that Edgewater is going to get more people coming in and we a~e going to need the money to keep them here. There was a question from the audience that if the cut offs are stopped and people have their water cut off for the safety of their homes will they still have to pay the fee for having the water turned back on? Mayor Severance explained that this will have to be added to the Ordinance. Tape 4 Sdde B 5 min. After some discussion about this, Mayor Severance stated that this should be put down to take care of if this Ordinance passes. Upon roll call vote said motion CARRIED. Councilman Dietz voting NO. ORD. NO. 906 AN ORDINANCE AMENDING ORDINANCE NO. 849 BY ADDING A SECOND PARAGRAPH TO SECTIONS 4 and 5 RESPECTIVELY TO PERMIT THE mEMPORARY PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS. REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE THEREFOR. This Ordinance was read by title only by City Attorney Weaver. Councilman Cairnie made a motion to adopt this Ordinance. Said motion DIES for lack of a second. ORD. NO. 908 This Ordinance has been done away with by Ordinance No. 909. ORD. NO. 909 AN ORDINANCE AMENDING ORDINANCE NO. 876 BY ADDING SUB PARAGRAPHS (e), (f) AND (g) TO SECTION 3 OF SAID ORDINANCE TO PROVIDE FOR INSPECTION AND PERMITTING PROCEDURE FOR MOBILE HOMES AND MOBILE HOME PARKS AND REINSPECTION FEE GENERALLY IN THE CITY OF EDGE- WATER, FLORIDA, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. -9- u u This Ordinance was read by title only by City Attorney Weaver. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Councilman Cairnie voting NO. ORD. NO. 910 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 604 BY ADDING THE WORD "VALID" IMMEDIATELY BEFORE THE WORD "LICENSE" IN SAID SECTION AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. This Ordinance was read by title only by City Attorney Weaver. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. ORD. NO. 911 AN ORDINANCE REZONING THE WILLIAM C. WALSH PROPERTY TO THE MHl-A ZONING CLASSIFICATION AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. 10 min. Councilman Dietz made a motion to adopt this Ordinance, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. ORD. NO. 912 AN ORDINANCE AMENDING SUB PARAGRAPH (c) OF SECTION 3 OF ORDINANCE 889 BY DELETING THE WORDS CITY CLERK AND CHIEF OF POLICE THERE- FROM REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. This Ordinance was read by title only by City Attorney Weaver. Councilman Cairnie made a motion to adopt this Ordinance, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. OLD BUSINESS City Manager Bryant spoke in regards to the Coronado Trucking sewer connection, stating that he discussed this with the City Engineer, and Mr. Fernandez is working on the situation. There will be a report later notifying the Council what should be done. 15 min. Councilman Lodico made a motion that the City construct the building at the landfill themselves, being seconded by Council- man Cairnie. Upon roll call vote said motion CARRIED. Councilman Dietz made a motion that there be a special meeting on February 20, 1975 in regards to the Cameron Mobile Home Park Water and Sewer Connection fees at 7:80, also at that time he would like to br.ing a letter up to the Council, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. -10- 20 min. 25 min. Tape 5 Side A o min. ~ u NEW BUSINESS Councilman Lodico made a motion that there will beno refund on the $50.00 fee for a Public Hearing, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Mayor Severance stated that some action should be made on an adjustment for the three very high water bills which were caused by leaks. Councilman Cairnie made a motion to make adjustments on the bills, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Cairnie made a motion to advertise for a fire hose, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Cairnie made a motion to have the City Manager look for a vehicle for the Fire Department and to report back to the Council, being seconded by Councilman Lodicol Upon roll call vote said mbtio~ CARRIED. At this time there was a question about Mrs. Straub's request to update a letter from the City. The City Attorney stated that he will not sign a letter until he sees the letter it refers to. Councilman Cairnie made a motion to table this until the next meeting, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. MISCELLANEOUS Mr. Robert Christy asked if his Civil Defense Report could be_placed on the agenda for the next meeting. ADJOURN Councilman Cairnie made a motion to adjourn, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. The meeting adjourned at 11:30 P.M. MINUTES TAKEN BY: Sue Blackwell MINUTES TYPED BY: Debbie Sigler -11- , . u .. ATTEST:~ ~0 . y Clerk u Approved this , A.D. 1975. day of -12- J. ~ -.) MEMORANDUM Re: Hamel request for water service Mr. Hamel has applied for rezoning to MH-1A of the William Walsh property on December 3, 1974~ under authority of a power of attorney which does not appear in the City.s files, but I am sure the power of attorney, or copy thereof. could be produced, if necessary, by Mr. Hamel. Rezoning to MH-1A of the subject property will be accomplished if Ordinance #911 is passed at second reading. I respectfully recommend passage of this Ordinance. Both prior and subsequent to the filing of the application for zon'~g the property MH-1A, Mr. Hamel has applied to the City for water service to this property. I have always maintained. and have so informed Mr. Hamel and his attorney, that Mr. Hamel would be entitled to water service and a meter for same, but each time Mr. Hamel has tendered a check to the City for water service, it has been accompanied by a letter referring to a mobile home park to be constructed on the site. Mention of the mobile home park, together with other "facts" set forth in these letters, have been the basis of my advising the denial of Mr. Hamel.s request, since it is my opinion that acceptance by the City of the check and accompanying letter may be construed as acquiescence in all things set forth in these letters. For example, acceptance of the check with the letter mentioning the 150 unit mobile home park. could have been construed as a de- facto rezoning of the property by~the:City Council which would have meant the City Council would have gone on record in favor of establishing a mobile home park prior to even a public hearing on the subject. In other words, prior to the passage of Ordinance 911. zoning the property MH-1A, Mr. Hamel is not entitled to water service for a mobile home park on this property. ;11 ~ t4 '-> c.) . . At this point three courses of action are open to the City Council, assuming Ordinance 911 is passed, and they are as follows: A. Accept Mr. Hamel's request under Ordinance # 878. Section 2 of Ordinance #878 does not define "unit" specifically enough to encompass subsequent connections within a mobile home park. Therefore, this would mean charging Mr. Hamel one development fee for water. The City has a past history of considering mobile home parks as single unit users in regard to water, i.e., one meter and one bill for the total park. Mr. Hamel has been before the Council many times requesting this consideration and has- been very candid with the City and has accordingly put the City 0 n not ice a s to his i n ten t ion s . H e i s a 1 s 0 the only mobile home park that has a pending application for water at present. B. Force Mr. Hamel to comply with Ordinance #904. Initially I recommended adoption of Ordinance #904 without any regard to the Hamel situation. Of course, the argu- ment for handling Mr. Hamel's situation under Ordinance #904 is that the property in question has not heretofore been zoned for a mobile home park and all prior requests by Mr. Hamel to be considered as such to secure one water development fee for a 150 unit mobile home park could be considered prematur~. C. Negotiate a settlement with Mr. Hamel that would effect a result at cost figur.e some where between the figures required by Ordinance #878 and Ordinance #904. This course of action would necessarily have to be based upon Mr. Hamel's agreement to negotiate a settlement for the water development fee. These proposals are not set forth in any order of priority, but merely numerically in regard to the Ordinance each item discusses. Respectf-ully"subm1tted. -, - L~W~ os e p hE.: We a v e r - -i City At torn ey , JEW: 1 s . ; . ' v u MEMORANDUM ON AGENDA FOR FE BRUARY 13, 1975 Communications: W. B. Glaser Occupational License - Section 13-4 . provides that occupational licenses shall be good only for a particular business in a particular location for the person to whom the license is issued. It has been a practice of the City to place conditions on an occupational license that does not square directly with Section 13-4. This is accom- plished by motion of the City Council. Atlantic Machine - Proto-Mold - Variance Request: Section 403.00 (e) provides that non-conforming uses in non-conforming buildings shall have twenty years to discontinue, alter, or conform to the zoning regulations. Upon further review of the Zoning Ordinance in regard to this reque st, it appears that the applicants may not unders tand the thrust of the section just cited. This section means that in 20 years the non-conforming structure shall be torn down, altered or otherwise made to conform with the Ordinance. To my knowledge the structure itself is no a non-conforming structure. Perhaps a meeting with the applicants or communication with them would be advisable, rather than determining the structure, at their request, to be non-conforming. Board of Adjustments - Recommendation oil variances: I attended the hearings on these matters and the hearing were held in accordance with the Zoning Ordinance and I would, therefore, respectfully recommend the decisions of the Board be ra tified by the Council. New Busines s Motion on filing fees for variances - Section 1001.00 and 1002.00 of the Zoning Ordinance require a filing fee of $50.00. The Ordinance is law and takes precedence over the applica tion form. Re/ectfu~IY submitted, ;Iry/ ?~ {/ Joseph E. Weaver City Attorney