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12-15-1986 - Regular Q o CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 15, 1986 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Excused Councilman David Mitchum City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Roger Miracle, Friendship Baptist Church, gave the invocation. There was a salute to the Flag. Mayor Baugh requested a motion to go out of the Regular Meeting and go into the Public Hearing. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. PUBLIC HEARING - SECOND & FINAL READING & ACTION Ord. 86-0-36 Amendment to City of Edgewater Comprehensive Development Plan - City Attorney Alvarez read this Ordinance. ORD. 86-0-36 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO ~163.3l84, FLORIDA STATUTES, ADOPTING AN AMENDMENT TO THE CITY OF EDGEWATER'S COMPREHENSIVE PLAN; CONTAINING A REPEALER PROVISION, A SEVERABILTY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for audience input. There were no comments from the audience. Mayor Baugh then asked for Council input. Councilman Mitchum asked to table this for full Council because there are some questions. Mayor Baugh suggested he wait until they go into the Regular Meeting, Mayor Baugh then requested a motion to close the Public Hearing and go into the Regular Meeting. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 4-0. Ord. 86-0-36 - Councilman Mitchum moved that this be TABLED until full Council is present. He stated there remains a few unanswered questions regarding the sewer and water. Mayor Baugh asked the date he had in mind so they don't have to re-advertise. Councilman Mitchum replied the first meeting in January, the 5th. Councilman Prater seconded the motion. Attorney Glenn Storch, Owens and Storch, Daytona Beach, pointed out this has gone to D.C.A. and the County and it will affect the rezoning and annexation on this piece of property. He noted as soon as this happens, the property is annexed into the City. He said the closing is scheduled for December 18th to take advantage of the tax laws, and if it is tabled until after the new tax laws come into effect, he's not sure the parties will close, especially the seller. He suggested they could answer some questions now. Councilman Mitchum expressed his concern with providing water and sewer to a development of this size when there are needs of the present City for sewer. He noted that if the money is put up front, it would help those needs and it's a good faith gesture. He asked when they'll get the impact fees. Attorney Storch replied that the recreational fees will be paid up front with the building permit, but he didn't know about water and sewer impact fees. City Attorney Alvarez said they're working out an agreement on that and this is an amendment for annexation and rezoning. He pointed out they worked out an agreement with the County but none for Edgewater. Attorney Storch said he understood Radnor will pay for the extension to the area and the impact fees, but he didn't look at when the impact fees will be paid. City Attorney Alvarez stated that representation was to pay it up front but then there was silence and no definite commitment was made as to how it will be handled. o o PUBLIC HEARING - SECOND & Ord. 86-0-36 Amendment to (Continued) - Councilman Mitchum pointed out that if they approve this tonight, they'd have nothing in writing. Attorney Storch noted that if they approve it, they'll be inside the City of Edgewater and under their jurisdiction, and they have to have water and sewer to get the project rolling. Councilman Mitchum agreed they'd have to provide it, but the money doesn't come up front and they'll be waiting for each unit as the permit is pulled, which could be dragged out a number of years. He added that he thinks the money should be put up front. He asked the City Attorney if the impact fees will be paid with each unit's building permit. City Attorney Alvarez said they're looking at the issue of recreation impact fees, and there are some other items as to density, etc. and the recommendation was to have the developer's agreement or memo of understanding similar to the one entered into with Volusia County. Attorney Storch asked for clarification and City Attorney Alvarez replied it's the 15 items the County stated. Attorney Storch pointed out they were going through the other steps first and getting the waiver from the County, and this would be the appropriate time to begin negotiations. He added that Radnor will pay its fair share, and they can negotiate, but he'd prefer they not hold the annexation and rezoning hostage until January 5th. He asked if they could table it until later on the agenda so that he and City Attorney Alvarez could talk since they're just dealing with negotiations. Mayor Baugh asked if it would be a negotiated item if they pass this tonight. City Attorney Alvarez replied that he'd prefer to negotiate before they pass it. Mayor Baugh asked if they can talk that night and City Attorney Alvarez replied he'd rather not since the principals were not present. Councilman Rotundo asked where the water and sewer is on this ordinance as it's the Comprehensive Plan. FINAL READING & ACTION : City of Edgewater Comprehensive Development Plan Councilman Mitchum agreed he'd be open to another date for tabling. Mayor Baugh asked the scheduled closing and Attorney Storch replied it's on the 18th at 1:30. Mayor Baugh asked Council Mitchum if he'd consider the 17th for Council's meeting for the attorneys to have time to work out an agreement. Councilman Mitchum asked if the City Attorney feels he can do it and City Attorney Alvarez replied it's a great incentive to work something out. Councilman Mitchum changed the date for tabling to the 17th at 5 P.M. Councilman Prater agreed as the second to the motion. Motion CARRIED 4-0. Attorney Storch expressed his appreciation for Council's actions. APPROVAL OF MINUTES Regular Meeting of December 1, 1986 - Councilman Rotundo moved to approve the minutes. Councilman Prater seconded the motion. Motion CARRIED 4-0. Special Meeting & Workshop of December 4, 1986 - Councilman Prater moved to accept these for December 4th. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Rotundo moved to pay these bills. Councilman Prater seconded the motion. Motion CARRIED 4-0. City Clerk Martinez stated there's one supplemental bill for RCW Consultant Service and this was the contract previously approved for $1,900. She said there was an additional cost for ribbons, paper, chart letters, telephone and mileage of $145.90 which needs Council authorization. Mayor Baugh noted they had the purchase order but it wasn't enough and City Clerk Martinez agreed. Councilman Prater moved to accept the supplementary bill of $145.90. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. Mayor Baugh called a short recess at 7:23 P.M. so that Council members could go outside the front of the Community Center and participate in the lighting of the Christmas tree. Mayor Baugh called the meeting back to order at 7:30 P.M. -2- Council Regular Meeting Minutes December 15, 1986 o o MISCELLANEOUS Barbara Patterson, Florida Shores, spoke as the representative for the Citizens for Needy Basket Christmas Fund. She thanked Council for the donation this year, on behalf of the President Vic Vandergrifft, Vice President Barbara Griswold, and the staff. Frank Opal, Florida Shores, spoke on Dan Nolan's case with the Board of Adjustments. He stated that Dan Nolan sold out the City and then resigned as Chairman of the Planning and Zoning Board. Mayor Baugh cautioned Mr. Opal to watch his remarks. Mr. Opal stated that the Mayor was on the Board then. Mayor Baugh clarified that he was never on the Board. Mr. Opal thanked Bob Wolfe, who he said was a former Zoning Board Chairman, for knocking him down. Mr. Opal made further critical remarks against Dan Nolan. Mr. Opal then referred to the shooting in Mount Pleasant, Iowa, of three councilmen by a man who said they gave him the run around for the sewage problem. He said he laughed when he read it, and that someday it might happen here. He added that he doesn't have to shoot anyone, and they should do the right thing. Mr. Opal stated that they shouldn't have any discussion after the motion to table. Mayor Baugh called a time limit and asked if Council wanted to hear him further. There were no comments from Council. As Mr. Opal left the podium, he told Mayor Baugh that he was probably going_ to be in Oak Hill before long. Jim Borgerson, Florida Shores, stated that City Engineer Ferrara and Earl Copeland were very congenial when they met and he got a lot of answers to questions. He said he asked the City Engineer if Orange Tree was paved and it's not, but is called soil treatment. He said he asked if it will hold up as good as apshalt and there is no way. He said 5 or 6 meetings ago he'd asked about the engineering on the road and the City did it. He stated that there were no grades taken and it was an eyeball grade. He said he took a topo of the road and he submitted a sheet of the sketch for the records. He said he asked about two months ago about the FBV and density test on the roads and there were none done. He stated the only test taken was on soil cement and there was nothing taken on the existing road. He said he thinks soil cement is supposed to be 6" thick and between 16th and 17th it looks like a wash board yet and there is no 6" there. He showed samples taken from various areas on the street. He again referred water has to run. He stated this is to the topo, and said it's 1-9/16" in one block that the He showed the valleys where the water will be laying. not a paved road and already it's falling apart. Mr. Borgerson referred to the number of people he'd spoken with about this and that the large majority thought it was going to be paved and didn't know this was a finished road. He said he talked to Halifax and there is no way this will hold up like asphalt. Mayor Baugh pointed out the County is using this same method, and they did it in Cory Estates. Mayor Baugh requested the City Clerk get a report from the City Engineer. -3- Council Regular Meeting Minutes December 15, 1986 o o MISCELLANEOUS (Continued) Tom Sheridan, Florida Shores, stated that 8 or 10 months ago the Mayor directed the City Administrator to have the Parks and Recreation Director go out to clear the Roberts Road property and to date nothing has been done. City Clerk Martinez stated that Mr. Garrett is reviewing that area because he doesn't want to clear all of it. Mr. Sheridan stated that the Mayor did not ask for spot clearing. City Clerk Martinez said she didn't think it was Council's intent to level it. Mayor Baugh recalled that they talked about how they would go in and out and it was discussed. Mr. Sheridan stated that the recommendation was made to have a road at the east end and to the north side of the property line and then clear out the heavy underbrush and trees but leave natural growth for the aesthetic value. He added that an architect drew up a sketch for the parks and it was to be a prototype for all the recreation parks in the City. He said there's a prototype for Umbrella in the file and it was supposed to be cleared. He asked who makes the decisions about whether they get the work done, the Department Heads or the Council. He said he'd like an answer. Mayor Baugh stated that he'll get an answer. Mr. Sheridan asked when he'd get the answer. Mayor Baugh requested that David Garrett give a report on the status of Umbrella Tree and the 14 acres. Mr. Sheridan again asked why the directive was not carried out and Mayor Baugh replied that he'll find out. Mr. Sheridan stated that they've had the property about two years, plus in the last three years since they had the recraetion impact fees they've generated over $300,000 and have done nothing constructive with it besides buying two pieces of property. Lynne Plaskett, Planning Assistant/Grant Administrator, stated that she's gone over the plans with Dave Garrett and they're in the process of getting the St. Johns Water Management permit and it takes a lot of time. She noted that it needs a topo done and a layout of the format of the impervious areas. She pointed out they can't clear anything, even for a roadway, without approval of the St. Johns Water Management District. Bill Klein, 2910 Needle Palm, called a point of order. He stated that when there's a motion to table, it should take precedence over everything else. including discussion. City Attorney Alvarez said it's just a matter of procedures and Robert's Rules is that way. Mayor Baugh stated there was a difference in dates in the tabling. Mr. Klein said the original motion was to table and dates were brought up later. He added that sometimes they recognize people from the audience, and will not recognize others. C. E. Clark, 1818 Evergreen, reviewed his previous complaint regarding the structures built on his neighbor's property that he considers to be an eyesore. He said he talked with Dennis Fischer on the 11th and Mr. Morris had been in to pick up a building permit to restructure it instead of tearing it down, but it's still standing as it was. He stated this is outside his back door and it looks like shanty town. He said the man is defying the Code Board and the law and is getting away with whatever he wants to do. He noted that the man has been cited 5 or 6 times for violations. He asked why Council doesn't take some action on this because of discrepancies. He added that if something isn't done in the near future he'll get the press out and take pictures and show people what Edgewater is like, and if that doesn't do any good, he'll get an attorney and sue him and the City. Mayor Baugh pointed out that action is being taken on it and they should know something by the 18th. Mayor Baugh then asked Mr. Borgerson for the information that he wants to be included as a part of the records. Mr. Borgerson asked if the problem with Orange Tree can be placed on the agenda after the first of the year and Mayor Baugh replied that it has to be in writing on the Wednesday prior to the meeting. Frank Roe, 2732 Juniper, said the Council has a difficult job and he wished them all a Merry Christmas. -4- Council Regular Meeting Minutes December 15, 1986 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Mitchum stated a resident seems to be having a problem with a contractor in getting repairs done. He asked if the contractor has to abide by a code of ethics, and if there's a provision that they can do something about it. City Attorney Alvarez pointed out that about l! years ago they amended certain provisions of the building and construction trade board and adopted a new ordinance which has some sections covering performance of contractors, registrations of complaints and procedures. Councilman Mitchum requested a copy of that ordinance. Mayor Baugh stated that Florida League of Cities is having their Legislative Conference in Tallahassee on January 29th and 30th and he went last year and would like to go again. He asked if any other Council members want to go. Mayor Baugh said he'll plan to go if there are no objections from Council. Councilman Mitchum said he'd like to go. Councilman Prater said he might want to go and will advise later. Mayor Baugh said a motion would be in order to allow the Council people that would like to go the opportunity to go. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Mayor Baugh stated he received a letter from the International Institute of Municipal Clerks regarding City Clerk Martinez receiving the Certificate for Municipal Clerks. He read the letter he received and contratulated City Clerk Martinez. City Attorney Reports - City Attorney Alvarez had no report at this time. City Clerk Reports - City Clerk Martinez stated that the deadline for receiving applications for Earl Copeland's replacement as Public Works Superintendent is December 26th. She noted there are currently 23 applications and she asked Council's intent for procedure to review the applications and interview. Mayor Baugh requested that after the closing date the Council review the appli- cations in City Hall and pick out 5 names they feel would be qualified and then they'll have a workshop and pick out the top 5 they all agree on and invite those 5 for interviews. There were no objections from Council. Mayor Baugh stated they'll accept resumes if they're postmarked by the 26th and they can be dropped off as late as the 24th. Fire Department - opening of bids for fast attack truck - City Clerk Martinez certified that bids were received from Indiana Fire Apparatus and from Three Alarm Fire Equipment, Inc. She opened the bids and read the totals: Indiana Fire Apparatus - $45,900. and Three Alarm Fire Equipment, Inc. - $47,070. She recommended these be turned over to the Fire Chief to be reviewed with a recommendation back to the Council as soon as possible. Councilman Prater so moved. Councilman Mitchum seconded the motion. Councilman Prater questioned why the City only received two bids. Chief Gary Lamb replied that they sent out 5, plus he doesn't know if they had other requests, but they requested lifetime guarantee on the tank and not all companies have it. He pointed out that a tanker they have now will need $35,000 to $40,000 of work done on it. Motion CARRIED 4-0. Public Works Department - opening of bids for refuse truck - City Clerk Martinez certified that bids were received from: Hientzelman Truck Center; Automatic Compaction Systems; Superior GMC Trucks, Inc.; and Truxmore, Inc. She opened the bids and read the totals: Hientzelman Truck Center - $51,758.87; Automatic Compaction Systems - $49,176.00; Superior GMC Trucks, Inc. - $40,130.00; and Truxmore, Inc. - $49,176.00. She recommended these be turned over to the Public Works Superintendent for review and recommendation back to Council as soon as possible. Councilman Prater so moved. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. -5- Council Regular Meeting Minutes December 15, 1986 o o COMMUNICATIONS Volusia County's request for appointment to Growth Management Commission - City Clerk Martinez stated this request is for an appointment to the Growth Management Commission by December 18th so the Commission can organize in preparation of its effective date of February 1, 1987. Mayor Baugh said he'd asked our Attorney if it can be an elected official but the County Attorney had not made up his mind yet. He then asked for recommendations. Councilman Mitchum moved that they appoint City Clerk Martinez at this time to avoid any conflict. Mayor Baugh suggested in the motion that the City Attorney be the pro tem when she's not there and Councilman Mitchum agreed. Councilman Rotundo seconded the motion. Mayor Baugh asked City Clerk Martinez and City Attorney Alvarez if they would accept and they both agreed. Motion CARRIED 4-0. Florida League of Cities, Inc. 's request for nomination of Trustees for Self-Insurers Fund for Worker's Compensation - Mayor Baugh recommended that Mayor Musson in New Smyrna Beach be named as he's been on this committee and has done a fine job. He recommended the City of Edgewater go on record as supporting Mayor Musson from New Smyrna Beach to be on this as a Trustee for the Florida League of Cities Municipal Funds. He asked for any other nomin- ations and there were none. Councilman Prater moved to that effect. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. Mrs. Phoebe Powers' request to vacate or sell east end of Orange Avenue at Riverside Drive - City Clerk Martinez read the December 10th letter from Raymond and Phoebe Powers. Mayor Baugh asked if Council objected to public input at this time and no Council member expressed an objection. James McAuliffe, 1109 South Riverside Drive, stated he lives on the property adjacent to the north. He said he bought his property in 1982 and the property in question was overgrown with weeds and they cleaned up the area. He noted that in August, 1985 he asked to do this same thing and offered to pay for it but at that time he was refused to be heard. He added that he has no objections to vacating it, but he objects to selling it to Mrs. Powers, who had a petition to leave it open for the public. He said he'd be eager to have it vacated but not to have it sold to Mrs. Powers. Phoebe Powers, 1202 South Riverside, said she didn't want to buy it, but the Planning Board said she may be able to buy it and she only wants the 15 feet. She asked that Council look at this before they make up their minds. She said she had some officials look at it and they told her it's of no value to the City. Margaret McAuliffe, 1109 South Riverside Drive, questioned why Mrs. Powers would ask the City to keep the property last year and maintain it and now come back and ask if she can buy 15 foot of it. She referred to their past friendship with the Powers, and a problem with a van parked as close as they could to the property line. She suggested she stop harassing the City official who came down and told her to move the van, which is in nobody's view. Mayor Baugh clarified that the letter is only asking to buy 15 foot and not all of it. Mrs. McAuliffe pointed out that last year Mrs. Powers told the Council not to let them buy it, and she questions her motives. Mr. McAuliffe stated he has no objection to the 15 feet being sold, but not the 30 feet. Mayor Baugh again stated that Mrs. Powers only requested 15 feet. Mr. McAuliffe said he wants to be sold the other 15 feet if they sell one to Mrs. Powers. Mrs. Powers said she's sorry she didn't bring it up in August and didn't ask them to do anything but clean it up with the old boat there. Bill Klein, 2910 Needle Palm, asked if the property goes all the way to the river and Mayor Baugh replied yes. Mr. Klein noted that several months ago the past Council said all land was deeded to Parks and Recreation for public access to the river. City Clerk Martinez agreed that's correct. Mr. Klein said he has no objection to abandoning it. -6- Council Regular Meeting Minutes December 15, 1986 o o COMMUNICATIONS (Continued) Mrs. Phoebe Powers' request to vacate or sell east end of Orange Avenue at Riverside Drive (Continued) - Councilman Prater requested the City Attorney's comments. City Attorney Alvarez stated any decision by Council should be based on research on what Mr. Klein brought to their attention and Department Head review, especially Parks and Recreation, to assess the value to the public at large. Mayor Baugh agreed that Mr. Klein was correct. Councilman Prater moved to turn it over to the Department Heads to bring a recommendation back to us. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. ORDINANCES AND RESOLUTIONS Res. 86-R-64 Appointments to Police Retirement Plan Board of Trustees - City 'Attorney Alvarez read this Resolution by title. RES. 86-R-64- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING FOUR MEMBERS TO THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, POLICE RETIREMENT PLAN; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR POWERS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Mayor Baugh requested nominations for the appointments. Councilman Prater nominated Wallace Trickey of 1815 Mango Tree. Councilman Rotundo asked how often they meet and he was advised it's quarterly. Councilman Rotundo asked if former Council member James Inman in the audience would be interested. Mr. Inman said if it will advance the Police Department, he's 100% for it, and he'll be glad to serve. Councilman Rotundo recommended Jim Inman. Councilman Prater moved to close the nominations. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Roll call on nomination of Wallace Trickey CARRIED 4-0. Roll call on nomination of James Inman CARRIED 4-0. City Attorney Alvarez then read the sections of the resolution with the insertion of the two names. ,He also read the names of Larry W. Westfall and Larry W. Jarkovsky as the appointments ele~ted by members of the Police Plan. Councilman Prater moved to adopt Resolution 86-R-64. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS Request to vacate portion of right of way on Riverside Drive (Cindy & Glenn Jones) - City Clerk Martinez pointed out she attached recommendations in the packages. City Attorney Alvarez noted that his recommendation is also in that package. Mayor Baugh asked the City Attorney for comments since he'd reviewed the packate. City Attorney Alvarez noted that recommendation 1 is no vacating, and 2 is if they're going to vacate, they should receive in exchange title to the property east of Riverside to better protect our interest in the City park. He pointed out the City has a present judgement giving them title to the property but a judgement can be reopened for various reasons. He added that the deed from the Jones' on that property will seal the matter. Mrs. Cindy Jones said she understood that the property is not part of their property and that's why they did their survey to reflect their property. She said there was a question about vacating the Strand and they paid taxes on their entire front yard, which includes the vacated Strand, and until 1986 they were taxed on lands east of Riverside. She said it's a moot point if they're asking for a deed they have no ownership on. She added that it seems like a blackmail tactic if they have ownership in those properties. Mayor Baugh clarified that the judgement was for the City that it was City property. Mrs. Jones asked what it has to do with her front yard. -7- Council Regular Meeting Minutes December 15, 1986 L \' o o UNFINISHED BUSINESS (Continued) Request to vacate portion of right of way on Riverside Drive (Cindy & Glenn Jones (Continued) - City Attorney Alvarez stated that he didn't know what she's referring to with the term of blackmail tactics. He reviewed their duties to the taxpayers and citizens of Edgewater. He pointed out they are negotiating with the developers to protect the City. He noted that the survey reads "ownership unknown" and that area has confused surveyors for a long time, and a simple quit claim deed on the record will settle it once and for all. Councilman Mitchum asked if the property marked "A" was included in the judge- ment and City Attorney Alvarez replied no. Councilman Mitchum asked if "B' is included and Mayor Baugh replied yes. City Attorney Alvarez noted it's a platted permanent park and there was a deed issued by a mayor in 1950 which was set aside by a judgement. He said it would be good to have a deed to clear it once and for all. Mayor Baugh expressed his concern to get it straightened out where the right of way and where the street is supposed to be, and if they're in violation of the right of way, then it should be straightened out. Councilman Mitchum asked if it will be straightened out with a quit claim deed. Mayor Baugh said they're still looking at part of the Strand in her front yard and not where the road is now. Councilman Mitchum asked if that would be vacated also. Mayor Baugh said that's part of this and Mrs. Jones agreed. There was discussion about the road location now, and the width of the road and of the right of way. Mayor Baugh noted that the extra 5 feet won't make that much difference if they have a 60 foot right of way. City Attorney Alvarez asked how much they'd be vacating and Mayor Baugh replied they'd straighten out where it's supposed to be. City Attorney Alvarez clarified that the road is where it's supposed to be and where the road is now is the decision, and the paper Strand is Section "A" and Section "B" is where they claim riparian rights. He added that to clear the matter for all parties involved would be to vacate "A" and deed "B", which he doesn't think is unreasonable. Councilman Mitchum asked if "B" can be used for something for the City and City Attorney Alvarez replied that's the City park. Mrs. Jones noted that it's a very narrow strip of land. Councilman Mitchum asked Mrs. Jones if she'd agree to the quit claim deed. Mrs. Jones said she doesn't see what that has to do with a road that was vacated. Councilman Mitchum expressed his concern if they open it up and leave it as a judgement. He noted if they have a quit claim deed they would settle it once and for all, and he didn't see any problem with trading it off if she doesn't intend to use it. Mrs. Jones stated it's not hers to deed. Councilman Mitchum said she must be able to do it or the City Attorney would not bring it up. City Attorney Alvarez noted that the quit claim deed would protect against any future claims from successors, etc. Mayor Baugh asked if they paid taxes on property east of Riverside and Mrs. Jones replied until 1986. Mrs. Jones stated they're trying to refinance their home and they've gone through appraisals and two sets of surveys and are preparing to close on lands lying west of Riverside Drive. Mayor Baugh asked if she'd deed a quit claim deed to the City. Mrs. Jones replied that she was told it was not hers to deed. City Attorney Alvarez said it would be deeding any possible claim that they, or their successors, might have. Councilman Mitchum said it will close it off, once and for all, and Mayor Baugh agreed. Mayor Baugh asked how she can deed it if she doesn't own it and City Attorney Alvarez replied they're deeding any interest they might have on it and there may be some arguable vested interest. He added that they can clear the title once and for all if they do this with all the requests and there are 5 or 6 lots in this situation, and this will set a precedent. -8- Council Regular Meeting Minutes December 15, 1986 '\ , . , o o UNFINISHED BUSINESS (Continued) - Request to vacate portion of right of way on Riverside Drive (Cindy & Glenn Jones (Continued) - Mrs. Jones asked the City's intention if the lands are so sensitive because it seems like a valuable piece of property to the City but isn't wide enough to do anything with. Mayor Baugh replied it's a City park, and if the City ever wants to build benches or a path to walk through, they could do it without coming back later. City Attorney Alvarez said it could be a jogging trail, bike path, picnic area, etc. Mayor Baugh asked if she had any objections and Mrs. Jones replied that she'll have to ask her husband. Mayor Baugh stated he has no problem with vacating her portion. Councilman Mitchum moved to do that pending the quit claim deed and that it be dependent on receiving the quit claim deed to parcel "B". He added that he has no problem with vacating the property on the condition they receive the quit claim deed on future interest on parcel "B". He asked the City Attorney if that was acceptable and City Attorney Alvarez nodded agreement. Councilman Prater seconded the motion. Motion CARRIED 4-0. Mayor Baugh stated this portion will be vacated so the front yard will be straightened .out and they'll give up what they had here. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Prater so moved. Councilman Mitchum seconded the motion. Meeting was adjourned at 8:55 P.M. Minutes submitted by: Lura Sue Koser ~> ~ ATTEST: 7L~~ COUN~ - ZONE Tiil'i~ ~/4 >--- COUNCILMAN - ZONE FOUR j/C> //.c Approved this 5th day of :[;~ a198~ -9- Council Regular Meeting Minutes December 15, 1986