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1987-02-17 Regular Meeting 4037 REGULAR MEETING FEBRUARY 17, 1987 A. CALL TQ ORDER The meeting was called to order at 2:00 P.M. B. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Councilman Collins followed by the Pledge of Allegiance. C. MAYOR AND COUNCIL ATTENDANCE: Mayor Oakland R. Chapman Present Councilman Nick Collins Present Councilman Andy Rubin Present Councilman Oscar Thomas Present Councilman Dowling Watford Present STAFF ATTENDANCE: City Attorney Bryant Present City Administrator Drago Present City Clerk Thomas Present Deputy Clerk Wilkerson Present 87-1 D. a) MOTION TO DISPENSE WITH READING AND APPROVE THE SUMMARY OF CQUNCIL ACTION FOR THE REGULAR MEETING OF FEBRUARY 3, 1987 Motion by Councilman Collins, seconded by Councilman Rubin. Discussion. Vote - Councilmen Collins, Watford, Rubin and Thomas - yea Motion carried. ' 87-1 b) MOTION TO DISPENSE WITH READING AND APPROVE THE SUMMARY OF COUNCIL ACTION FOR THE WORKSHOP MEETING OF JANUARY 27. 1987 Motion by Councilman Thomas, seconded by Councilmen Watford and Collins. Vote - Councilmen Thomas, Watford, Collins and Rubin - yea. Motion carried. E. REOUEST FOR THE ADDITION, DEFFERAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGE.NDA There were no changes in the agenda. F. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION: a7-~h a. Motion to read by title only an ordinance providing for ~nima] control, behavior and welfare Motion by Councilman Watford, seconded by Councilman Collins. Vote - Councilmen Watford, Collins, Rubin and Thomas - yea. Motion carried. Attorney Bryant read the title as follows: AN ORDINANCE PROVIDING FOR THE CONTROL, WELFARE AND BEHAVIOR OF ANIMALS IN THE INCORPORATED LIMITS OF THE CITY; PROVIDING FOR THE REPEAL OF ORDINANCES 410, 465; PROVIDING FOR DEFINITIONS; PROVIDING FOR DUTIES OF HUMANE OFFICER, CODE ENFORCEMENT OFFICER, POLICE OFFICER; PROVIDING FOR ANIMALS IN GENERAL; PROVIDING FOR VACCINATION; PROVIDING FOR LICENSE AND TAG REQUIREMENTS; PROVIDING FOR LIMITATION AS TO NUMBER OF ANIMALS; PROVIDING FOR ANIMALS-AT-LARGE OR RUNNING-AT-LARGE; PROVIDING FOR PROCEDURES IF AN ANIMAL HAS A DISEASE OR BITES A PERSON; PROVIDING FOR IMPEDING OFFICERS; PROVIDING FOR ANIMAL WELFARE; PROVIDING FOR A PUBLIC NUISANCE; PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS BY HUMANE OFFICERS AND OTHERS; PROVIDING FOR PENALTIES AND FINES; PROVIDING AN EFFECTIVE DATE. 4038 F£B17 1987 b.~!otion to adopt the final readinq of an ordinance providing for animal cQntrol, behavior and welfare ~4otion by Councilman Collins, seconded by Councilman Watford. Vote - Councilmen Collins, Watford, Rubin and Thomas - yea. ~otion carried. G. OLD BUSINESS: First re~dinq of an ordinance: a. ~otiQn to r~ad by ~itle Qnly, and set March 7, 1987 as the public hearinq date, an ordinance providinq for a public service fee ~4otion by Councilman Rubin, seconded by Councilman Collins. Vote - Councilmen Rubin, Collins, Watford and Thomas - yea. ~otion carried. b.~otion to approve the first readin~ of an ordinance providing for a p~lic service fee ~otion by Councilman Watford, seconded by Councilman Collins. Discussion. Councilman Watford pointed out this ordinance deals only with construction within the City limits, not with annexation. Attorney Bryant explained they were working on the annexation ordinance to make it more acceptable, they decided it would be best to proceed in two separate ordinances. They are presently working on the annexation ordinance. Vote - Councilmen Watford, Collins, Rubin and Thomas - yea. ~otion carried. H. NEW BUS~NES$: 87-15 1. Consider an application for street closing from Mr. Harry D. Hilliar~ !~!ayor Chapman stated the Director of Public Works recommends denial on the application due to the fact there is a large drainage ditch at SE 4th Avenue between SE 7th Street and the canal, with large culverts, that drain a very large part of the surrounding area. Councilman Rubin asked Director Elders if he would approve the application with an easement for drainage. Director Elders stated he would not have any problems as long as the City has an easement for drainage purposes. Councilman Collins stated he was not opposed as long as an easement was obtained. Hr. Harry Hilliard addressed Council introducing Mr. John Paul Houde and Mr. & Mrs. L.M. Pearson, adjoining property owners. Mr. Hilliard stated he did not have any objection to giving the City an easement for drainage purposes. Mr. Houde and Mr. & Mrs. Pearson also agreed to the easement for drainage purposes. Councilman Watford asked Mr. Hilliard why was he requesting the streets be closed. Mr. Hilliard explained that with the closing of the street and the easement he would be able to build to the property line he presently owns. Councilman Watford asked Mr. Hilliard what he planned to build on the property. Mr. Hilliard stated he was not really sure at this time. Councilman Watford explained his concerns on street and alley closings. Councilman Watford also stated he felt the City should be reimbursed for the property involved in any street and alley closings. Attorney Bryant explained the Council adopted street closing procedures to be followed. Councilman Watford made a motion to deny the application for street closing request ~12. Mayor Chapman asked for a second. There being no second the motion died. Councilman Collins made a motion to proceed with the drafting of the ordinance, conditional on the approval of the Director of Public Works and the Attorney, closing these streets, with the added easement. Councilman Rubin seconded the motion for discussion. Councilman Rubin asked Attorney if he felt the language in the motion should be explained further concerning the easement footage. Attorney Bryant answered, "No, not at this time". Councilman Watford made a motion to amend the motion to include the City be reimbursed per square foot basis for the amount of property that is abandoned, Councilman Thomas seconded the motion for discussion. Councilman Watford stated he felt that if the City was going to be closing streets and alleys, which are public property, the City should be reimbursed for that property instead of giving it away. Attorney Bryant stated he would like to research further, the pos- sibility concerning the City receiving monies for dedicated property. 4039 FEB ! 7 ~ayor Chapman asked for a vote on the motion to amend. Vote - Councilmen Watford and Thomas - yea. Councilmen Collins, Rubin - nay. Mayor Chapman - nay. ~otion to amend did not carry. ~ayor Chapman asked for a vote on the original motion to have the attorney proceed with the drafting of the ordinance, conditional on the approval of the Director of Public Works and the Attorney, closing these streets, with the added easement. Vote - Councilmen Collins, Rubin - yea. Councilmen Watford and Thomas - nay. ~.~ayor Chapman - yea. ~!otion carried. Attorney Bryant stated, "The application process is set out in a resolution adopted by the Council. I suggest the Council adopt a reso- lution or amend the previous resolution to add a provision that notice be given by certified mail or some similar manner to the property owners within a certain distance of the subject street or alley. Putting it in the paper is deemed reasonable notice for some circumstances, but I believe in a case like this we ought to do a little more to make sure people know what is going on (Public Ilearing on street closing). ~e now have a problem where someone did not know that it was going on and they have a valid complaint as to a street that was closed and causing them problems with access". Councilman Thomas made a motion to direct the Attorney to draft a resolution in which the owners within so many feet of the subject property to be closed be notified before such closing. ~ayor Chapman asked if there was a second to Councilman Thomas' motion. Councilman Watford seconded the motion. Vote - Councilmen Thomas, Watford, Rubin and Collins - yea. Motion carried. Attorney Bryant stated he would have the resolution for the next Council meeting. 2. Consider a request frQm ~.~r, G,L, whidd~D fQr ch~n~es in Qrdinance 4~7 ~r. G.L. Whidden stated he lives on NW 5th Avenue and 5th Street and he has a problem concerning the building of the new jail with large trucks and heavy equipment working late hours during the night and parking on the street. ~r. Whidden requested the City make the contractors stay in the area for which the permit was issued and off the. City street. Council discussed the complaint and then requested the Police Depart- ment keep a close watch on the subject area, requesting the large trucks and pieces of equipment be kept on the parking lot and not on the City street. 3. An update on items of interest to the City bv County CQmmission~r 87-22 Jac~ williamsQ~ 1. Commissioner Williamson apoligized to Mr. Whidden on behalf of the County Commission for the disturbance during the construction of the new jail. 2. Commissioner Williamson stated Director Fortner submitted the following estimates to the County Commissioners on February 4, 1987, for the installation of water lines to the Civic Center: Estim~t~ ~1 Extend a 6" water main from the existing water main in the Industrial Park along the east side of Hwy. 98 to a point in line with the south wall of the Civic Center. 725 ft. of 6" Water Main $ 5,437.50 2" Casing under Hwy. 98 for 500.00 service line 1 - 3/4" Meter Connetion Fee 625.00 Total $ 6,562.50 Estimate #2 Extend the 6" water main from the existing water main in the Indus- trial Park along the east side of Hwy. 98 to a point in line with the south wall of the old school building. 1,180 ft. of 6" Water Main $ 8,850.00 I - 2" Casing for Civic Center 500.00 1 - 2" Casing for School Bldg. 500.00 2 - 3/4" Meter Connection Fees 1.250.00 Total $11,100.00 ] i 11 "! 4O4O FEB 17 1987 Commissioner Williamson reported the County Commissioners would like to accept estimate ~1 in the amount of $6,562.50. Director Fortner explained the water lines could be installed after the moritorium is removed by DER on the extension of water lines. Councilman Collins made a motion the City proceed with the water line extension to the civic center once the moritorium is removed by DER, seconded by Councilman Thomas. Vote - Councilmen Collins, Thomas, Rubin and Watford - yea. ,..otion carried. 3. Commissioner Williamson and County Attorney VanLandingham dis- cussed with the Council the possibility of future developers or indivi- duals who wish to install fire hydrants in the County, contract separately with the City and agree to all of City regulations. COUNCIL REPORTS AND/OR REOUESTS: 1. Councilman Collins Councilman Collins asked Commissioner Williamson what the County was doing as far as their paving program. Commissioner Williamson explained the County Commission met with Bill Weathers of Southeastern Municipal Bonds. The County is now receiving $488,800. from the gas tax, they can possibly put another two cents for twenty years. Then, hopefully, they will be able to apply for a combined contract for the City and County. After the County Commissioners take action, he will report back to the Council. 2. Councilman Thomas asked Director Fortner when DER would be removing the moratorium on water line extensions. Director Fortner said maybe 3 to 6 months. 3. Clerk Thomas reported to the Council that she had received the 87-26 management letter from the City's auditor, DiBartolomeo, McBee and Sloan. Clerk Thomas went through the management letter pointing out problem areas --~ to~ be corrected and further stated as soon as the audit reports are received Council would receive a copy including a copy of the Mayor and Clerk's rebuttal letter concerning the City's compliance which is sub- mitted to Tallahassee. 4. Councilman Watford ~othing at this time. 5.~Counci~man Rubin asked Director Fortner to report on the meeting held in Hiami concerning the Taddie lawsuit. Director Fortner explained the arbitration hearing will be held in Orlando, the date has not been set yet. They are wanting to have the hearing in three different sections: 1. Correction in lines, 2. City's damages, and 3. Taddie's damages. Hope- fully, the City will be receiving a list of the panel members soon. ~CQuncilman Rubin asked Fire Chief Tomey if the fire siren test for the trucks could be done 2 hours later in the morning, instead of at 8:00 A.M. FolloWing discussion, Chief Tomey stated they would wait until 9:00 A.~. to check the sirens. ouncilman Rubin stated he felt the Warrant Registers should be presented to the Council for approval. Clerk Thomas explained they were going to be presented at the Council meetings for approval. ~ CQuncilman Rubin made a motion to direct the attorney come up with research for an ordinance concerning topless bars, etc. Councilman Watford seconded the motion for discussion. Following discussion by Council, Mayor Chapman asked for a vote on the motion. Councilmen Rubin, Watford, Thomas and Collins - yea. Motion carried. 6.~ Mayor Chapman asked Director Fortner for an update on the lift- station on Hwy. 441. Director Fortner explained the air scrubber was being installed to see if it will control the odor problem. ~yQr Chapman stated that he spoke with Clerk Thomas concerning the Warrant Registers. He suggested that each member of the Council meet with 4041 Clerk Thomas before the meeting in which the warrant registers are to be .... presented to look over the warrant registers and ask questions, then sign the registers. The warrant register monthly totals will then be presented to the Council for approval at the next meeting. c~MaVor Chapman asked Public Works Director, Chuck Elders, if the road on the east side of United Feed was on the paving list. Director Elders ~answered yes it was on the paving list. 87-37 ~avor Chapman asked Director Elders to find out how much a culvert would cost for the ditch by the Seventh Day Adventist Church on N.W. 7th Street. ADJOURN[.~ENT The meeting was adjourned at 4:05 P.M. ATTE ST: BONNIE S. THOMAS, CMC CITY CLERK THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE OFFICE OF THE CITY CLERK. NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF~ THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.