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07-31-1978 - Public Hearing/Regular ~ 1. ."" j '. u o CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING with ZONING BOARD July 31, 1978 Mayor Christy called the Public Hearing to order at 6:00 P.M. in the Community Center. ROLL CALL Mayor Robert H. Christy C6uncilman Louis J. Rotundo Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Excused Present Present Present Present Zoning Board Robert Wolfe, Chairman James Engle David Wiggins Richard Bartholomew James Mackie William Nichols Sebastian Siciliano Present Present Present Excused Present Present Present Mayor Christy turned the meeting over to Mr. Wolfe. Mr. Wolfe said that the Public Hearing was being held to discuss the rezoning of the following properties from their present residential and/or business zoning to mobile home zoning. Riverview Pines Driftwood Village Bartholomew lots adjoining Driftwood Village Friendly Shores Pyramid Park Corp. Sea Horse Trailer Ct. Blue Gables Anchor Garage & Service Ctr. Carters Motel and Mobile Village Edgewater Mobile Home Park Mr. Wolfe said that the Zoning Board and the Council are interested in the opinions and suggestions of those present at the meeting who were representing the owners of these properties. Riverview Pines was represented by Mr. Voshell. Mr. Shira represented the Sea Horse Mobile Park. Mr. McGadden represented the Blue Gables Park. Edgewater Mobile Home Park was represented by Mr. Adams. Mr. Kappell and Mr. Shurbutt represented Pyramid Park Corr. The other properties in question did not have representatives at the Public Hearing. ~ ~~ o o The City Clerk read the publication that appeared in the newspaper advertising the Public Hearing. Mr. Wolfe said that the Zoning Board and the Council were interested in finding out what the mobile parks want in the way of zoning and what the City can legally give them. Mr. Shira, representing Sea Horse Mobile Park, spoke first. He stated that he did not know what this meeting was all about. Mr. Wolfe said that at the present time the park is non-conforming but he understands that there is no amortization schedule for- mobile parks. The City Attorney said that was his understanding also. The City Clerk said there was a schedule in 880 for non-conforming uses to be phased out but it is vague as to whether or not mobile home parks are included. Mr. McFadden, representing Blue Gable Park, spoke next. He also said that there was confusion as to what the meeting was about. He wanted a statement from the Zoning Board and Council as to what it is that they are trying to do. He asked if they were trying to come up with an amortization schedule for 880 or if not he respectfully requested that the park be returned to the status of 219 when it was grandfathered in. There was a discussion of ordi'nances preceeding 880 that dealt with trailer parks. Mr. Wolfe said that they should set guidelines that the parks can live with. It is his personal opinion that it would be better to take the time limit off and let them be non-conforming forever. City Attorney Woods said that if it was determined that the parks fall under an amortization schedule would it be the desire of the Council and the Zoning Board to remove that schedule and let the mobile home parks exist in their present condition without expanding the use thereof, as long as they are in compliance with the State laws on spacing or with the City's laws, which he believes are more restrictive? He believed that the City Planner had told him that presently most of the parks comply with the Health Dept. on rules and regulations on spacing. Mr. McFadden said that he understood the City's right to regulate the health and welfare of the community, but he did have a question in reference to Ordinance 219 .concerni.n~ setback requirements. Ord. 368 amending 219 specifically does have setback requirements. Attorney Woods said that he believed Ordinance 653 pretty well set the standards for mobile home parks within the City of Edgewqter. This basically sets the standards for obtaining a license for a mobile park. Councilman Dietz said that classifications for mobile home parks prior to 880 was a business classification. Mr. Adams, representing Edgewater Mobile Home Park, spoke to the Zoning Board and Council stating that the owners prime interest was to conform with the zoning where there is no question about the right of operation. We are dealing with a delicate matter which is the question of whether or not these parks can be zoned out of business. The City should remove any doubt about the parks operating as they have been doing, by either proper zoning or eliminating the question of phasing out of these businesses. Mr. Voshell of Riverview Pines did not wish to speak at this time. Mr. Keppell of Pyramid Park said he did not believe that anyone was sure of what was being proposed by a new ruling. He asked that the Council consider having a clause pertaining to condominium type business as opposed to rental in any new ordinance they pass concerning mobile home parks. Pyramid Park is a cooperative type of trailer park. 2 ...... .. .. . o o Councilman Dietz said that he wanted to make sure everyone understood that the Council and the Zoning Board intend to make sure that all existing mobile home parks in the City will not be bothered by 880 and they are trying to come up with a classification so as not to disturb these mobile home parks. Anything built from now on would come under 880. Mr. McFadden asked, for the record, in what form and fashion did Blue Gables not conform. Mr. Diamond, City Planner said that did not conform because the front portion of the park is zoned B-3 and the rear portion is zoned R-3. Neither c~tegory permits mobile homes. Mr. Wolfe announced that the Zoning Board would meet tomorrow night to discuss this subject and make their recommendation to the Council. Mayor Christy recessed the Public Hearing and called the regular meeting to order. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Excused Present Present Present Present INVOCATION The Invocation was given by Rev. Hardin SALUTE TO FLAG Mayor Christy recessed the regular Council Meeting to return to the Public Hearing. Mayor Christy called a ten minute recess before resuming the Public Hearing. Mrs. Murphy said that she was concerned about the possibility that the City may zone for non-conformity. She also wondered if the larger trailers would be able to replace smaller trailers. The Zoning Board will meet at 7:30 P.M. tomorrow (August 1, 1978). Councilman Shell made a motion to adjourn the Public Hearing. Councilman Dietz seconded the motion. The Public Hearing was adjourned. Councilman Dietz made a motion that the Council table the question of rezoning mobile parks until the next meeting to give the Zoning Board and the Council time to digest what they heard at the meeting tonight. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. APPROVAL OF MINUTES Councilman Dietz made a motion that the Council approve the minutes' of the July 24, 1978 Council meeting. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Shell voted NO due to absence. BILLS AND ACCOUNTS Councilman Rotundo made a motion that the Council approve the bills for payment. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Shell voted NO due to absence. 3 Q Q COMMUNICATIONS The City Clerk read a letter from the Board of Adjustment and Appeals (Building Code) requesting the appointment of a new member. Councilman Dietz made a motion to table this until next meeting. This appointment should be suggested by Mr. Sikes. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from Mr. Kaler concerning the fact that he has been informed he must have a culvert. The Council will turn this over to the Building Inspector to send Mr. Kaler a copy of the Ordinance requiring culverts. The City Clerk asked Council members if they were planning to attend the Volusia league of Municipalities Dinner, July 25, 1978. The Council members will attend. COORDINATORS REPORTS Councilman Rotundo said that he had a request from EVER to renew applications for four members, $10.00 per person. Councilman Shell made a motion that the Council authorize this expenditure. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Shell asked why the Board of Governors had not been meeting on a regular basis. Mayor Christy said he believed that many of them had been on vacation. He will have a letter written to the Board members to make sure all of them wish to continue serving on the Board. Councilman Shell also wanted to know about the basketball lights and the tennis court. Mayor Christy said they have not received estimates on the lighting. Councilman Shell also asked about the Truck Route. Mayor Christy said that during Mr. Shell's absence, he was able to get the necessary pipe and that Mosquito Control will help get the pipes in. It will be covered up with shell and sandbagged on the sides. Councilman Shell asked the City Attorney if he had contacted the people behind Winn Dixie where they had the trouble with drainage. Attorney Woods said he had not been able to take care of this but would get to it this week. Mayor Christy said that he had talked to the County Engineer and told them about the canal at Winn Dixie and that it might belong to the County and could the County give us two 60' lengths of pipe. He doesn't think they will get it but it is worth a try. Councilman Rotundo said that he had read that New Smyrna Beach will assess all children who do not live in New Smyrna $3.00 for use of the lights at ~ecreational areas; He wondered if maybe we should do the same thing here in Edgewater. Councilman Dietz suggested that we get a copy of the Ordinance from New Smyrna Beach on this subject. Councilman Dietz asked the City Attorney if he had taken care of the Mockingbird lane deed. The City Attorney said that Mr. Deloach was in the hospital and he could not discuss the deed description with him. 4 , , " , (.) o Attorney Woods said that as soon as he can make sure the legal description is correct he will send 'a copy to Mr. Gillespie. Councilman Dietz said that the Water Department had to buy some pipe. They will need 8,000 ' of 6" pipe and 10,000' of 2" pipe. He made a motion that the Council authorize the City Clerk to go out for bids on this purchase. The bids should be back by August 11, 1978. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. Attorney Woods suggested that in the interest of saving time, the City Clerk could open the bids and present the information to the Counci 1 . Mrs. Opel asked the Council why they did not read Mr. Kaler's letter. Mr. Kaler was in the audience and wished to talk to the Council. Mayor Christy said they did read it. When they get through with the Coordinator's reports they will let Mr. Kaler talk about his letter. Councilman Dietz made a motion that the Council authorize the City Attorney to draw up a resolution authorizing the Mayor and City Clerk to enter into a contract with Mr. Kuyk for the job of Public Works Director. Salary' will be starting out at $18/000 based on an increase not to exceed 10% a year based on the number of new water connections made in each annual report. Councilman Shell seconded the motion. Mr. Gross, Mr. Fredericks, Mrs. Murphy and Mrs. Opel stated their objections to hiring Mr. Kuyk. Mayor Christy also stated his objections to hiring Mr. Kuyk. Councilman Dietz said that the City is bound by the State to operate according to the laws. The D.E.R. has indicated that while Mr. Kuyk was here we had no problems with their department. If we do not abide by their wishes, it will cost the City a tremendous amount of money. We have got to have somebody that is capable of operating this plant. If we go the other way and hire an operator for the sewer plant and an operator for the water plant plus a Director of Utilities it will cost $40,000 a year. Mr. Kuyk is the only person ,out of all the appl ications we received, who is fully qualified for the job. We need to get personalities out of this and start running the W/WW Dept. the way it should be run. Upon roll call the motion CARRIED 3-1. Mayor Christy voted NO. Mayor Christy said that we still needed to appoint new members to the Board of Adjustment and the Merit Board. He would like some recommendations by next week. The Lift Station No.4 electrical wiring problem has been taken care of. The extra wires have been taken down. There is still no reply from the County on the request for assistance to improve the Park and Pier boating area. ,. Mayor Christy also asked about the possibility of purchasing a copy of the Florida Administration Code. The City Attorney said that this was an extremely expensive book and it would be better to get copies of specific pages, when needed, than to try and get the book. Mayor Christy also said that the parking signs at the pier had been corrected. 5 . o o RESOLUTIONS None. ORDINANCES The City Attorney read the title for Ordinance No. 1015. This ordinance was issued in error and the Council should reject this ordinance. AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE MINIMUM FLOOR AREA REQUIREMENTS FOR DWELLING UNITS IN THE R-1, R-1A, R-2, R-3, R-1B, R-2B and R-3B ZONING DISTRICTS IN THE CITY OF EDGEWATER: CHANGING THE ZONING ON CERTAIN LOTS IN THE WEST ONE- HALF OF BLOCKS 215 THROUGH 218, INCLUSIVE, FLORIDA SHORES UNIT 7, FROM R-3 to B-2; BY CHANGING THE ZONING OF CERTAIN LOTS IN THE EAST ONE-HALF OF BLOCKS 215 THROUGH 218, INCLUSIVE, FLORIDA SHORES UNIT 7, FROM R-3 TO R-4: CHANGING ZONING OF BLOCK 245 OF FLORIDA SHORES FROM R-4 TO B-2;REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council reject this Ordinance. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy said they would now discuss Mr. Kaler's letter. Mr. Kaler spoke to the Council and questioned why he was told he had to have a culvert. Councilman Shell said that there has been an ordinance for a long time requiring culverts where they are needed. This ordinance has not been enforced in the past. He will go out to Mr. Kaler's property and check this out. It is unfortunate that this has not been enforced but with all the new houses going up it is necessary to improve'the existing drainage. The City Clerk asked if there was any objection to the City issuing licenses to the Trailer Parks before a decision is made on the possible rezoning. There was no objection from the Council. OLD BUSINESS None NEW BUSINESS The Council will meet on August 8, 1978 at 6:30 P.M. to begin discussing the PBA contract. ~ Dietz seconded the motion. MINUTES TAKEN BY: Sue Blackwell Nancy Blazi ATTEST:~ ~Clerk 1l Approved thi s 7 -day of August, 1978~ <> ~ "~/J~~ ~ayor . ~ 6