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11-02-1998 - Regular ~ ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 2, 1998 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Allman called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Randy Allman Councilman James Gornto Councilman Myron Hammond Councilman Gary Roberts Councilwoman Judith Lichter city Attorney Nikki Clayton Interim city Manager Kenneth Hooper city Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Excused Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. PRESENTATION OF PLAOUES/PROCLAMATIONS/CERTIFICATES A. Proclamation of Excellence Award to Scott Porta for his commitment to economic development in the city of Edqewater Mayor Allman read and presented Scott Porta with a plaque for his commitment to economic development. Scott Porta spoke of November 2nd marking the anniversary of the tornado hitting his house last year. Hopefully this is an indication of things getting better. He thanks his wife for being with him all the way through this. He also thanked the Council for what they have done for him in the past. APPROVAL OF MINUTES A. Reqular Meetinq of October 5. 1998 Councilman Gornto made a motion to approve the October 5, 1998 minutes, second by Councilman Roberts. The motion CARRIED 5-0. B. Reqular Meetinq of October 19. 1998 Councilwoman Lichter made a motion to approve the October 19, 1998 minutes, second by Councilman Gornto. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY Dick Martinez, 317 Schooner Ave., asked Interim City Manager Hooper about Donna McIntosh reporting at this meeting regarding the Barrett lawsuit. He asked for an update on this. Interim city Manager Hooper presented information regarding the title search to find out who the owner of the property is. Two engineers from his office have visited the site and have prepared a report to describe flooding or non-flooding. ~ ...., They are trying to have this on the agenda two weeks from tonight. CITY COUNCIL REPORTS Councilman Gornto had nothing at this time. Councilman Hammond had nothing at this time. Councilman Roberts feels that since the workshop on the YMCA, he has been contacted by people around the community that are pleased with the outcome with that meeting. He feels it seems there is a lot more support for the YMCA and that continues to grow. Councilwoman Lichter spoke about the Edgewater Pet Festival. She can not think in the six years she has been here of a better, more positive event. She further spoke about the activities at the festival and the people involved. She feels this was very successful. Councilwoman Lichter asked Interim City Manager Hooper about the continued vandalism to certain City parks. She feels this is a select few. She thinks since the signs haven't helped that much and curfew is too confining, maybe Interim City Manager Hooper could look into some type of reward. She feels reporting of the vandalism is important enough. She suggested he look into if other communities offer some type of monetary reward for someone to come forth with information. Interim City Manager Hooper would like to speak to Chief Schumaker and Jack Corder to see if there are existing programs. He agreed to bring something back in two weeks to see what they find. Mayor Allman spoke about the work done by Robin Feger, Robin Wolf, Liz McBride and JoAnn Richard for the Pet Festival. He feels it brought the community together and was a very good event. Mayor Allman stated he has a scheduling conflict with the meetings for the Metropolitan Planning organization. He needs to come up with an alternate to take that way from him. Councilman Gornto agreed to do this to help out the Mayor. Mayor Allman passed the gavel and made a motion to appoint Councilman Gornto to the MPO. Interim City Manager Hooper stated it would be the Mayor or his designee. They really don't have to do anything other than appoint Councilman Gornto. He asked a letter be sent to the MPO, appointing Councilman Jim Gornto as alternate. Councilman Roberts spoke about the vandalism in the parks. He asked if an article could be placed in the newsletter making citizens aware of the problem. He feels it may alert people to keep their eyes open and report teenagers that are loitering. Mayor Allman asked about vandalism winding down when there are programs going on at the park. Chief Schumaker stated the only park we have a problem with is Whistle stop. When it was designed, it wasn't designed with security in mind. Two weeks ago they put three officers down there for three nights in a row. Page -2- Council Regular Meeting November 2, 1998 ....... ..., Chief Schumaker is not totally convinced that there isn't a perception of more vandalism than there is actual vandalism. He stated the amount of money that has been spent in avoiding vandalism down there has far exceeded the amount of money in the vandalism itself. Some cities have gone to the degree that they have put up cameras that are high up on poles with plexiglass so they can't be destroyed. He is not totally sure they have reached that level down there. They don't have enough officers available to put in unmarked cars on a regular basis. He doesn't think it has reached that proportion of a problem. In some cases, it is expanded upon by the newspapers that aren't totally accurate with the story. Chief Schumaker spoke about an article in the paper indicating a lady was driven from her home because of vandals. He elaborated on what in fact had happened. He is also concerned with Whistle stop. He informed Council they do period checks of the park. He is not totally convinced the problem is as bad as it has been made out to be. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS There were no public hearings, ordinances or resolutions to be discussed. CONSENT AGENDA A. Board Appointment - Mavor's appointment to the Library Board due to the resiqnation of Fran Byrne Mayor Allman appointed Kathy Clausnitzer to the Library Board. B. Board Appointment - Councilman Hammond's appointment to the Parks and Recreation Board due to the expired term of Erwin Brown Councilman Hammond appointed Daniel Murphy to the Parks and Recreation Board. OTHER BUSINESS A. Special Event - Veterans Day Parade - Edqewater American Leqion Post #285 requestinq to chanqe the November 11. 1998. parade route from Riverside Drive to northbound side of US 1 from Park Avenue to Indian River Boulevard Michael Blickenstaff, 1 North Causeway, made a presentation regarding changing the parade route from Riverside Drive to from Park Avenue to Indian River Boulevard. Mayor Allman stated he has looked into this and the problem he sees with this is it is on a Tuesday morning. Everyone doesn't close on Veterans Day. By blocking off part of US 1 they will be interrupting the normal flow of traffic. Interim City Manager Hooper explained this is a request for a permit application to hold the parade on a DOT road. There needs to be a request for permit to hold the parade and close down US 1 for that period of time. The City council would be the applicant. They would have to vote to authorize himself and the Police Chief to sign off that they think this is okay and forward such to DOT. That becomes a real problem being DOT having a short turn around to answer the question. Page -3- Council Regular Meeting November 2, 1998 .... ...." Interim City Manager Hooper stated DOT has voiced some concern and staff has some very strong concerns about closing businesses, emergency access, etc. on a fairly short notice to do something of that magnitude on US 1 without proper notice already for people that will be traveling US 1 during that time period. Councilwoman Lichter asked what the original route was going to be. Mr. Blickenstaff stated on Riverside Drive from Park Avenue to Indian River Boulevard. He spoke about the Bahia Shrine Temple being willing to come to Edgewater and they are a big parade unit. Councilwoman Lichter spoke about the practical problem of trying to contact DOT by a week from tomorrow. Interim City Manager Hooper stated they have the permit application to fill out and send in. There is a very short turn around and very timely process on DOT to permit such a deal. He expressed concern with this being a short notice to close a major arterial road through the City with a week's notice. Councilwoman Lichter questioned them needing a longer parade route. She suggested they start at the north end of the City on Riverside Drive. Mr. Blickenstaff stated that is what they originally planned. Councilman Roberts asked if SR 442 is more feasible. Interim City Manager Hooper spoke about still running into the timing problem. He thinks realistically Riverside is the only route DOT won't have a problem with. Councilwoman Lichter asked if there are any other marching units besides the Bahia Shrine Temple. Mr. Blickenstaff stated once he gets this finalized he could go to the schools. Councilman Roberts asked for other parades that have been on US 1, how much advanced notice did the City have to go to DOT with. Interim City Manager Hooper explained they really haven't had that many parades on US 1. Mr. Blickenstaff spoke of there not really being any room on Riverside Drive. That is why he is requesting US 1. Councilwoman Lichter feels the State doesn't do anything fast. She feels unhappily they are going to have to make a decision that if this goes and these people will understand, next year they could ask six weeks in advance for the Veterans Day parade. This is the first time she remembers this request. Interim city Manager Hooper stated DOT likes to notice the businesses and put out signs that this road will be closed a few weeks in advance. Councilman Roberts stated even if Council agreed to send off this request to DOT, they may not get permission from the State. Interim City Manager Hooper stated that is right, Council would be authorizing him to sign it, DOT still has the final okay. Councilwoman Lichter suggested trying to work with what they have and see where they could form. Interim City Manager Hooper suggested having the parade on Riverside Drive this year and plan it in advance next year. Mr. Blickenstaff didn't realize the parade was going to be as large as it is or he would have requested US 1 in the very beginning. Page -4- Council Regular Meeting November 2, 1998 ~ ~ Councilwoman Lichter asked if it would be easier to get Indian River Boulevard starting at the horse farm than US 1. Interim City Manager Hooper stated they could work with them on Riverside. The problem is when you are trying to get through DOT approvals it is going to be complicated and you don't have enough time to do it. Councilman Roberts stated if they submit this to DOT, how long would it take for this response and would they get back to Council in time. Interim City Manager Hooper explained it should have been turned in months ago. He doesn't know how fast they will respond. He has never seen them do anything in less than a week. Councilman Hammond stated at this point they could make the motion to see if they could go ahead and do it. But he doubts seriously they will. He suggested proceeding with Riverside Drive and try again next year. Councilman Roberts feels if you make the plans for US 1 and DOT doesn't go along with it, you are going to have to try and regroup on Riverside Drive and set up at the last minute. Mayor Allman stated there is a scheduling problem with the Police Department. Interim City Manager Hooper feels they should decide if it is going to be on Riverside Drive tonight and not put it off on DOT. He feels there is just not enough time to plan it and plan it properly on US 1. Councilwoman Lichter feels for this year, they may have to scale the parade down and well plan six months in advance for next year. She hesitated thinking of horses on Riverside Drive and encouraged Mr. Blickenstaff to think about that. Mayor Allman commented on reasons why they should stay with Riverside Drive. Councilman Gornto made a motion to leave the parade on Riverside Drive this year and help them plan for next year, second by Councilwoman Lichter. Mr. Anderson spoke about a parade he attended in st. Augustine and they had diapers on the horses. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth reminded everyone to vote tomorrow. City Attorney Clayton was excused. Interim city Manager Hooper handed out a tentative agenda over the next few months which staff will do to keep Council informed of upcoming agenda items. 1) Emplovee Education/Training Programs Interim City Manager Hooper made a staff presentation regarding a policy in the handbook that was adopted by resolution in 1992 authorizing the city to pay for a portion of someone's education and training. He elaborated on proposed changes. This will be brought back in resolution form in two weeks. Page -5- council Regular Meeting November 2, 1998 """ ...." 2) Review Purchasing Policy and Procedures Interim City Manager Hooper spoke about the purchasing ordinance on the books that was put in in 1996 and adopted by resolution. He informed Council of the proposed changes. This has been reviewed by staff and generally endorsed by all staff to recommend approval to Council. This will also be brought back in resolution form in two weeks. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Mike Visconti, 316 pine Breeze Drive, spoke about the research he did to find out who owns the property in Meadow Lake. In January of 1987, that parcel of land was dedicated to the homeowner's association by Mr. and Mrs. Carder. Perry Barrett put a quit claim deed on it which was never recorded. He stated all you have to do is go to the appraisal office and you will find out who owns this piece of property. He doesn't know why it is taking so long to go through this suit but Edgewater shouldn't be paying so much money in attorney fees when the man never owned the property. He hopes this suit goes quicker than it is going. Mayor Allman spoke of this being a suit that was existing when they came into office. He stated it will solve everything when Ms. McIntosh gets back with the Council as to who owns the property. Councilman Roberts asked who has been paying taxes on the property. Mr. Visconti stated there is no tax being paid on it because it belongs to the homeowners association and it is a common area in Meadow Lake. Interim City Manager Hooper explained what you are going to have are two entities that are going to claim ownership to the same piece of land. The homeowners association was dedicated by way of plat and that is what Ms. McIntosh's research is going to describe that they do in fact at one point in time own it. The same owner that dedicated it to the homeowner's association also quit claimed to Mr. Barrett the same property. It is going to take a judge or somebody to sort out who really owns it. As far as the suit, the City is not currently in a lawsuit. Mr. Barrett had alleged temporary taking which was defined in local circuit court and dismissed. That went to the 5th District Court of Appeals, which said that only if there was a taking, he is entitled to be compensated for the taking. They didn't say there was one but if there was one he is entitled. That decision tried to get on the Supreme Court's docket who declined, which puts it back in Mr. Barrett's hands. He still has to prove if there is a taking or a damage. The City has no plans to do anything at this time. If he thinks there is damages, he has to show the City what those damages are. Councilwoman Lichter stated the actual meat of the case didn't have to do with ownership. It had to do with inverse condemnation. We stopped a developer from doing what he wanted to do. She asked if that has any bearing on who owned it. That part of the case. Does he need to own it to further his idea of this taking concept. Interim City Manager Hooper explained if he does not own it, there can be no damages to him. There could be damages if the homeowner's association owned it if they claim it. Barrett does not own it, he can't have a claim for temporary taking from a piece of property he never If Mr. a owned. Page -6- Council Regular Meeting November 2, 1998 ~ ...." Mayor Allman stated so this will still have to go to court to be proven that there were damages at the time. Interim City Manager Hooper explained he has to prove he owns it and there are damages. Councilwoman Lichter vital. Interim City decided in a court. two different groups stated so this ownership issue is Manager Hooper feels it will have to be What you have is an owner who has given a deed to the same piece of property. Mr. visconti asked about the quit claim deed that was never recorded. Interim City Manager Hooper stated it has been recorded in the past two weeks. Mr. visconti spoke about Whistle stop Park. He suggested the City build a road going north and south from Roberts Road to 28th street to make it easier for the patrol to get through along Whistle stop Park. Councilman Roberts feels it's not unreasonable to try and work something out. Interim City Manager Hooper stated if Council wants, staff can look at that. Chief Schumaker informed Council of how they get through now. Councilman Roberts stated they could look into it anyway. Harry Dorsey, Mexican Connection Restaurant, corner of Marion and US 1, stated he has sat in several meetings with Building and Codes and has found them to be extremely professional and cooperative and using common sense. The contractor he is currently dealing with is now accepting this project in Edgewater where he was doing no building before. Mr. Dorsey asked Council to look at in the codes the landscape architects. He was charged $600 to have a landscape architect review his site plan. He feels a larger project definitely needs a landscape architect. But for a smaller project, $600 is absurd. He suggested if it is under an acre to allow the business owner do it themselves or hire a landscape architect. He feels if Council wants this city to continue to grow, what you need is the cooperation he has now seen in the Building Department which has been phenomenal. He asked Council to look at the landscape architect code. Mr. Dorsey feels the YMCA is going to be good for the community. Interim city Manager Hooper asked if the $600 is what Mr. Dorsey had to pay to have the landscape architect look the plans and sign it. Mr. Dorsey stated it is definitely not a city fee but it is a City code that tells him he can do that. Councilman Roberts stated that is something he brought up months ago when they talked about looking at the building and zoning departments. He ran into the same problem when he built his office and warehouse a couple years ago. Interim City Manager Hooper explained they have Mr. Gosline going through the codes and that is part of what they will have an update on. There is no reason to do that for a small project. Councilman Roberts stated that was put into effect by a prior Council and it is written into law right now, we just have to do something to change that. Page -7- Council Regular Meeting November 2, 1998 ~v ...., Councilman Roberts asked when that firm will get back to them with recommendations. Interim city Manager Hooper stated they will have something back the first week in December. ADJOURNMENT There being no further business to discuss, Councilman Gornto moved to adjourn. The meeting adjourned at 8:00 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- Council Regular Meeting November 2, 1998