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06-19-1978 - Regular o (..) ~ CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING June 19, 1978 Mayor Christy called the Regular Meeting of the City Council to order at 7:00 P.M. in the Community Center. 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 Excused Present Present Present Present Present INVOCATION The invocation was given by Councilman Sikes. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Rotundo made a motion that the minutes of the Regular Council meeting of June 12, 1978 be approved. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Sikes made a motion that the bills be approved for payment. Councilman Dietz seconded the motion. Upon roll call the. motion CARRIED 4-0. COMMUNICATIONS Mr. and Mrs. Burton, drainage: A letter regarding the small holding pond between Kumquat and Lime at 20th St., and the weed choked drainage ditch. Councilman Dietz said that he and Mr. Shell had checked this out. There are no septic tanks draining into that canal. The problem is one of stagnant water. As soon as the City gets the dragline fixed they will clean out that area. ......- The City Clerk will notify Mr. and Mrs. Burton that work will be done on this area as soon as the equipment is in operation. Mr. Schmidt, rezoning: A letter regarding purchase of a piece of real estate, the Bartholomew property, and the fact that the property still has not been approved for rezoning., Mr. Schmidt had been told when he purchased the property that it had been approved for rezoning by the Zoning Board and that the City Council should give final approval soon. The transaction took place in March, 1978 and Mr. Schmidt still has not received any confirmation that the property has been rezoned. o o Mayor Christy said that the situation involved the fact that most of the mobile. home parks are not properly zoned MH-l as they should be. The Council sent a request to the Zoning Board for recommendation. The Zoning Board had asked Mr. Diamond, City Planner, to check legal descriptions of mobile home parks in the City. Mr. Diamond and the City Attorney are working on this. Councilman Sikes said that he was under the impression that the Bartholomew property had already been zoned for mobile homes. Mayor Christy said that they had mobile homes in that area but that it was zoned R-3. He believed that we planned to rezone this when all the mobile home parks were rezoned. The City Attorney said that he believed that the Zoning Board was trying to put in mobile home classifications and require that they comply with setbacks, spacing requirements, etc. in our present mobile home zoning. There has been questions about the validity of zoning people out of business which is not the case. Councilman Dietz asked the Attorney if it wasn't possible just to correct the error made in zoning on the mobile home areas. Attorney Woods said that there appeared to be more to it than that. There have been questions about the repercussions about.putting in a new mobile home classification and new requirements that the present mobile parks would have to comply with. Councilman Dietz said that the Zoning Board wants to reverse the decision made in 1974. The City Planner wants to change it and upgrade the parks. Attorney Woods. said that he had been under the impression that the Zoning Board wanted to upgrade all mobile home parks. Councilman Sikes said that we could not upgrade the parks already in existence. Attorney Woods said that he had been doing some research on this question and that it was possible to require the parks to comply with minimum standards on setbacks, spacing, etc. Councilman Dietz said that this was not the intention of the Councilor the Zoning Board. The particular property that Mr. Schmidt bought is an extension of Wolfe1s Trailer Park and the only access to this property is through the trailer park. It would not be possible to build a home there but the area was mistakenly zoned R-3, when 880 was changed. Attorney Woods said that it was within the province of the Zoning Board to rezone that property as they see fit and up to the Council to either approve or disapprove. There has to be a public hearing. Councilman Dietz made a motion that the Council authorize the City Clerk to write to the Zoning Board stating that it is the wish of the Council that'the mobile home parks will revert back to their original classification of MH-l without restrictions (the same restrictions that were imposed prior to the passage of 880 should be in effect). There was a discussion between the City Attorney, the City Planner and the Council. Mr. Diamond said that he had been requested by the Zoning Board to get answers to some legal questions on rezoning mobile parks 2 o o Councilman Dietz said that he believed the Zoning Board wanted to put mobile home parks back in the perspective they were before 880. Mayor Christy reminded the Council that there was a motion on the floor. Councilman Sikes seconded the motion. Councilman Sikes said that to rezone the parks back to their original zoning before 880 the City would impose any restrictions in effect at that time. New parks in the City would come under different restrictions. This would assure present mobile park operators that they could continue to operate their parks as they have been doing. Mayor Christy called a short recess to check on information on minutes of Zoning Board and Council meetings regarding the mobile home parks. Mayor Christy called the Council meeting back to order. The City Clerk read from the minutes of the February 13, 1978 Regular Council meeting: "The City Clerk read a letter from the Zoning Board concerning a request from Mr. Richard Bartholomew to rezone his property for mobile homes. The Zoning Board recommended that the Council grant this request. There was a discussion concerning the zoning for trailer parks in Edgewater. Many are zoned residential, R-3. Councilman Dietz made a motion that the Council send this back to the Zoning Board for recommendation on rezoning all trailer parks including Mr. Bartholomew's property and for proper descriptions of the land. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0." The City Clerk also read from the minutes of the Zoning Board meeting of February 7,1978: "In September, Mr. Bartholomew's property on U.S. 1 and Hardin Place was brought up. This property is divided into two lots, 74 x 90 ft. and is a lot that cannot be built on. He would like for this to be zoned for mobile homes. There are already mobile homes to the south of this and there is a home behind the property owned by Mr. Bartholomew. Mr. Nichols made a motion to allow Mr. Bartholomew to use this property for two trailer sites. Mr. Mackie seconded. The motion CARRIED 3-0 (two members were absent)." Mayor Christy read from the minutes of the Zoning Board March 27, 1978 workshop. "There was also a correction in the discussion about the mobile home parks. This is not going to be rezoned, they are going to get their old zonings back." Mayor Christy also read from the minutes of the May 2, 1978 Zoning Board meeting; " Chairman Wolfe talked about rezoning Trailer Parks. He said that they could not write up ~ legal description of each lot and should write the owners of the trailer parks and ask for their legal description. M~. Nichols said that none of the trailer parks except Camerons w~re zoned MH-1. There was a discussion about individually owned trailer lots. Only Pyramid Park has individually owned lots. I Mr. Diamond will contact the trailer park owners to get a legal description of their property. The Board discussed when they could hold a Public Hearing on a zoning change for trailer parks." Councilman Dietz withdrew his motion. Councilman Sikes withdrew his second of the motion. The City Attorney asked if the trailer parks made up more than 5% of the land area of the City. 3 o o It was determined that trailer parks compromise less than 5% of the land area so that it will not be necessary to hold two public hearings. Councilman Dietz made a motion that the Council instruct the City Clerk to advertise for a public hearing on July 10, 1978 for the purpose of rezoning mobile home parks in the City of Edgewater from their present classification to MH-1 which was the original classification prior to the passage of Ordinance 880. Councilman Dietz changed this motion to read that the public hearing would be for the pu~pose of a rezoning classification of mobile home parks. "I There was a request that Councilman Dietz clarify his motion. Councilman Dietz said that his motion was for the City Clerk to advertise for a public hearing on July 10, 1978 to reclassify mobile home parks back to a mobile home classification from their present classification and the rules and regulations will be compatible with those in effect prior to Ordinance 880. Councilman Rotundo seconded this motion. Upon roll call the motion CARRIED 4-0. Councilman Dietz requested":" that the City Clerk write a letter to Mr. and Mrs. Schmidt and explain to them the difficulties we have been having in the process of complying with their wishes John Bolt, relief from sewer hookup for G. Cameron: A letter requesting a place on the agenda to request relief from the sewer hookup requirements of the City of Edgewater in regards to the construction on the property of G.A. Cameron located at 206 E. Virginia Ave., Edgewater. Mr. John Bolt, Attorney for Mr. Cameron, spoke to the Council. He stated the main problem confronting Mr. Cameron at the property in question is that the sewer line is about half way down to China, at the end of the line, 12 feet below the service of the ground and that there is no lateral. Mr. Cameron would be confronted with the task of running his line out Virginia Ave., down Virginia Ave. with the grade the City would require which when he reached the sewer line would only be some 2 feet below mean sea level where the ground level there is approximately 7 feet above mean sea level, the road surface, but he would be working probably in about 6 to 8 feet of water. Mr. Cameron does not have the means of handling this. It would mean closing a County road to work on this connection, working in deep water, the necessity for pumps Mr. Cameron does not have and other special equipment that he does not have. It is their contention that when the ordinance was passed that required a hookup within 200 feet, it presupposed that there was a lateral with which to hook up, and that it was not necessary to" go in and rebuild the City sewer system. There are several remedies that the Council could grant to Mr. Cameron, the first one being that the City simply put in the sewer line and extend it down Virginia Ave. The second remedy would be that the City grant Mr. Cameron the right to put in a septic tank for a period of time until the sewer system is extended down Virginia Ave. at which time Mr. Cameron would put under the City control sufficient monies to build from the septic tank out to where the hookup line would be. There is a third alternative since Mr. Cameron owns the property just to the East, the southeast corner of Virginia and Riverside. The property there is presently vacant although Mr. Cameron intends to build on it. He could run a line from the second lot to the house now virtually complete around the edqe to where a house would be constructed on the riverside of-the lot and tap into a lateral which is in front of that property. Eventually that would mean there would be two homes on this one lateral. Mr. Cameron is asking that the Council do one of these three alternatives. 4 o ~ Councilman .Dietz said that the procedures we are following in extending ~he sewer lines are set by the Florida Statutes. so that we cannot step up the time element. The second request for a septic tank would be in violation of our ordinances, in violation of the act that the City set forth extending the hookup from 100 to 200 feet that was set forth by the Farmer's Home Administration and would violate the contract we have entered into with them. The third request could not be granted because there is no way the City could allow Mr. Cameron to go around that property and hook into that lateral. He has discussed this with the City engineers and their belief is that Mr. Cameron would not run into the amount of water that he anticipates. He has assured Mr. Cameron that the City will assist him with pumps and available material and equipment to help in the procedure. There is no alternate option that the engineers will sanction and certify this to pass by the Dept. of Environmental Regulations. They will however, have an inspector on the job who will assist Mr. Cameron. Mr. Bolt asked to what extent the City would assist Mr. Cameron. Councilman Dietz said that the City does not have the crews or the expertise to handle this type of work and must rely solely on the expertise of our engineers and we would assume that this assistance from the engineers would be available to Mr. Cameron. There will be assistance, that is within the power of the city to give, available but he does not anticipate that Mr. Cameron will have any serious problems. Mr. Bolt contended that the fact there was no lateral is a terrible ommission on the part of the City and Mr. Cameron should not have to bear the brunt of this. The City should put in this lateral and then Mr. Cameron will put in the line down the street. Mr. Cameron spoke to the Council. He said that it might __ simplify things if they could go into the manhole on Riverside and put an inside drop. He had mentioned this to the engineers but they did not agree. He feels this is a serious problem and would leave a hole in Riverside Drive for sometime while the work was being done. He asked again for permission to tie into the lateral that comes into the corner lot on Riverside. This would mean they would not have to dig up Riverside Drive. Councilman Dietz said that the engineers had assured him that the only feasible way to go is into the manhole on Riverside. An inside drop would restrict the flow and could not be permitted. There was no action taken by the~Counci1 on this request from Mr. Cameron. Charles Murphy, Bill: A letter from the Building Inspector requesting payment of $1,948.55 for permits issued and work completed by the Building Dept. Councilman Sikes made a motion that the Council approve this bill for payment. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. COORDINATORS REPORTS Councilman Rotundo asked if there had been a fo110wup on his request for painters for the Fire House. Mayor Christy said that the City was checking with CETA to try and fill this request. 5 o o Councilman Rotundo asked to be excused from the July 17 Council meeting. Councilman Sikes asked about the traffic light. Chief Baugh said that the County was going to fix it. Councilman Sikes also asked what had been done about the conditions in back of the Ship and the Para Palm motels. Chief Baugh said that he had contacted the trash collectors and they were taking care of it. He said that the area behind Para Palm had been improved considerably. Councilman Sikes said that someone in the City should check the sidewalks that are being replaced along u.S. 1. Councilman Dietz said that it would be necessary to extend the water line from Air Park Road to Mango Tree Drive with a 12" line. It will cost approximately $30,000. We think we have sufficient funds in the construction fund to cover this. At this point it has not been decided whether City crews will do this or whether we will go out on contract. That is a decision the Council will have to make. It has been recommended that the easement through the Massey property from Well 1 to the water plant be exoanded from 10 ft. to 25 ft. The City Council should probably try to buy that piece of land from Mrs. Massey for future expansion. Mayor Christy reported to the Council about the VCOG meeting. He had some material for the Council on First Decade Planning. The Mayor also informed the Council that he had written to Mr. Magnuson requesting permission for an easement on his property in order to maintain the canal. The Mayor also spoke about setting up a meeting with officers of the Florida Bank and Trust Co. to discuss the possibility of obtaining money for the equipment needed by the Fire and Rescue Dept. if we get a contract with the County for an expanded Fire District. The Mayor also spoke at the recent MPO meeting about a bridge in Edgewater. It does not appear as if anything will be done about this. The Mayor presented a proposed plan for a recreation area near the school in Edgewater. He asked that the Council study this for discussion next week. RESOLUTIONS The City Attorney read Resolution No. 802 A RESOLUTION ACCEPTING THE RESIGNATION OF MERLE JOHNSTON FROM THE EDGEWATER MERIT BOARD AND APPOINTING JOHN GROSS TO FILL THE UNEXPIRED TERM OF MERLE JOHNSTON: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council accept this Resolution. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. 6 .J . . . o o ORDINANCES The City Attorney read Ordinance 1014 AN ORDINANCE RESCINDING ORDINANCE NO. 1013 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, PERTAINING TO THE SALE OF ALCOHOLIC AND INTOXICATING BEVERAGES IN THE CITY OF EDGEWATER, FLORIDA: ADOPTING HOURS OF SALE OF NON- INTOXICATING BEVERAGES IN THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion to adopt this Ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. OLD BUSINESS DOT, Storm Water Management. The Council will study this and discuss it next week. NEW BUSINESS Mayor Christy said that he would like to be excused from the Council meeting of July 3, 1978. He reminded the Council that Mr. Sikes and Mr. Shell would also be absent. Councilman Dietz made a motion that the July 3, 1978 Council Meeting be cancelled. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. MISCELLANEOUS Councilman Dietz asked the Council to review resumes that had been received and applications for the position of Director of the Water Department. City Attorney Woods suggested that the City consider putting the year as well as the number on Ordinances. He believes this would assist the recording and cataloging of ordinances. Councilman Rotundo made a motion to adjourn. Councilman Sikes seconded the motion. The meeting was adjourned. Minutes submitted by: Sue Blackwell Nan c y B 1 a.z i ~ ~ ATTEST: ~Uv~ s'ue Blackwell, City Clerk 1t Approved this ;?~ ~day of June, 1978 /J ;r ~~ Mayor 7