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1987-03-03 Regular Meeting 4053 REGULAR !~EETING ~!ARCI-! 3, 1987 A. CALL TO ORDER The meeting was called to order at 2:00 P.f~. ~. INVOCATION AND PLEDGE OF ALLEGIA~CE ~ The Invocation was offered by Director L.C. Fortner, Jr. follo%~ed by the Pledge of Allegiance. C. UAYOR ~UD COUNCIL ATTENDANCE: ~layor Oakland R. Chapman Present Councilman Nick Collins Present Councilman Andy Rubin Present Councilman Oscar Thomas Present Councilman Dowling Watford Present $TAFF ATTE~DANCE: City Attorney Bryant Present City Administrator Drago Present City Clerk Thomas Present Deputy Clerk Wilkerson Present 87-1 D. ~!OTI0~?.TQ DISPENSE WITH READING AND APPROVE THE ~SUf~ARY/ OF CouucII. .... ACTION FOR THE REGULAR ~IEETI~G OF FEBRUARY 17, ~87 ~otion by Councilman Collins, seconded by Councilman Rubin. Discussion. Vote - Councilmen Collins, ?Tatford, Rubin and Thomas - yea. [lotion carried. 87-8 E. [.!OTION TO APPROVE WARRANT REGISTERS FOR OCTOBER, ~!OVE~BER, DECEUBER, 1986 A~D JANUARY, 1987 IN THE AHOUNT OF $865,932,67 FOR GENERAL FU~.]D A~D $904,572,31 FOR WATER A~D SEWER FUND f[otion by Councilman Rubin, seconded by Councilman Watford for discussion. Councilman Rubin asked Director Fortner to explain various statements from Eroome, VanOstran and Associates. Vote - Councilmen Rubin, Watford, Collins and Thomas - yea. [!otion carried. F. REOUEST FOR THE ADDITIO~, DEFFERAL O}I 7'!ITIIDRA~'IAL OF ITEIIS ON TODAY'S Administrator Drago requested the proposed Resolution amending Resolution #86-3 be placed on the agenda under Old Business ~1. G. OPE~? PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION: a. [.~o~ion to read by title only an ordinance providing for a public se[vice fee tlotion by Councilman Watford, seconded 1oy Councilman Rubin. Vote - Councilmen Watford, Collins, Rubin and Thomas - yea. f!otion carried. Attorney Bryant read the title as follows: A~ ORDI~]A~]CE PROVIDING FOR A PUBLIC SERVICE FEE I~'] TIlE I~CORPORAT!~I) LIf~ITS OF THE CITY; PROVIDING FOR DEFI~ITIO~S; PROVIDING FOR PURPOSE A~D II~TE~T; PROVIDIHG FOR CALCULATIO~.~S OF THE FEE; PROVIDIUG POR PU~LIC SERVICE FEE LEVIED; PROVIDING FOR PPOCEDURE; PROVIDING FOR LIE!'~ U!IPAID PUBLIC SERVICE FEE; PROVIDIi~C FO~ SEVERABILITY; PROVIDII~¢; FOI~ EFFECTIVE DATE. 4054 gAR O 3 1987 b. Motion tQ adopt the final readinq of an ordin~ncc providinq for a public service ~otion by Councilman Collins, seconded by Councilman Watford. Vote - Councilmen Collins, Watford, Thomas and Rubin - yea. Zotion carried. H. OLD BUSINESS ~7-]5 1. Proposed Resolution amendinq ~8~-3, concerning s~r¢¢t/alley closinq procedures Attorney Bryant read the resolution in its entirety as follows: A RESOLUTION AMENDING RESOLUTION NO. 86-3, PERTAINING TO APPLICATION AND PROCEDURES FOR STREET AND ALLEY CLOSINGS; PROVIDING FOR REQUIREMENT OF NOTICE TO AFFECTED PROPERTY OWNERS. WHEREAS, the City Council adopted Resolution No. 86-3 which provides procedures for street and alley closing applications, and WHEREAS, the City Council deems it appropriate to amend said Resolution No. 86-3 to provide a requirement for notice to property owners affected by the proposed street or alley closing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEEHCOEEE, FLORIDA AS FOLLOWS: 1. Resolution No. 86-3 is amended to add the following provisions: a. In addition to the publication of Notice of Proposed Ordinance, and public hearing thereon, as required by the laws of the State of Florida, the City Clerk shall cause a notice of the proposed street or alley closing to be mailed by certified mail to the owners of all real property within 600 feet of the street or ally prpposed to be closed, which notice shall include a description of the street or alley proposed for closing, the date, time and place of the public hearing thereon, and a statement that the property owner may be heard in person at the hearing or may submit comments in writing or by telephone to the appropriate City Official prior to the scheduled public hearing. Said notice shall be mailed to the owners of record of real property within the area prescribed above at the address shown on the latest tax rolls available. b. At the public hearing, the City Clerk shall submit a report listing names and addresses of all property owners within the prescribed area, the date notice was mailed and the date the certified mail receipt was signed by the recipient. Said report shall be maintained with the application for street or alley closing, together with the certified mail receipts. [!otion by Councilman Watford to adopt the resolution, seconded by Councilman Thomas. Vote - Councilmen Watford, Thomas, Rubin and Collins - yea. [~!otion carried. 2. First readinq of ~n ordinance: a. Uot, ion to re~d by ~i~l~ only, and Se~ March 17, 1987 ~s the public hearinq date, an ordinance closinq a portion of 3rd Avenue a~d a portion of s,E. 4~h Avenue [[otion by Councilman Collins, seconded by Councilmen Thomas and Rubin. Vote - Councilmen Collins, Thomas, Rubin and Watford - yea. !!otion carried. Attorney Bryant read the title as follows: AN ORDINANCE CLOSING AND VACATING A PORTION OF SOUTHEAST THIRD AVENUE ~ET~EE~ THE SOUTH RIGHT-OF-WAY LINE OF S©UTHEAST SEVEn,TI! STREET SOUTH BOU~DARY LINES OF BLOCKS L A~U3 U, CENTRAL PARK; CLOSI~:~C A~D ---' VACATING A PORTION OF SOUTHEAST FOURTH AVENUE BET~IEE!? THE SOUTH RIGHT-OF-PTAY LINE OF SOUTHEAST SEVEUTH STREET AND THE SOUTH EOUt;~DARY LI~ES OF BLOCK K AND L, CENTRAL PARK; RESERVI ?~G UNTO 'PUD CITY A PERPETUAL, NON-EXCLUSIVE EASEMENT FOft DRAINAGE PURPOSES OVER A POETIOi~ OF THE SAID SOUT[{EAST FOURTH AVENUE; PROVIOI~G A~ EFFECTIVE DATE. 4O55 b. r~otion ~0 approve ~he first r~a~inq of an ordinance closi~q a portion of S.E. 3rd Avenue and a portion of S,E, 4th Ave. Motion by Councilman COllins, seconded by Councilman Thomas for discussion. Councilman Watford explained his concerns about street and alley closings. Councilman Collins asked Attorney Bryant if he researched the legality of the City selling streets or alley right-of-ways. Attorney Bryant stated he did not feel the City could sell any property which the City did not hold title. Vote - Councilmen Collins, Thomas and Rubin - yea. Councilman Watford - nay. ~otion carried. I. MEW BUSS.NESS ~7-12 1. Mo~ion ~O approve ~he purchase, of one comp~c~ pick-up truck for ~h~ public utilities department from a Florida State Contract ~w~ded ~0 Ross Chevrolet in ~he amount of $8,038.88 Councilmembers discussed which process they felt was best for the City, purchasing vehicles through Florida State Contract vs local dealerships. Following a lengthy discussion Councilman Thomas made a motion to put this item out for bids, seconded by Councilman Collins. Councilman Watford stated he must abstain from voting because he is employed by a company which would bid on the vehicle (conflict of interest form filed in Clerk's office by Councilman Watford). Vote on requesting bids for the pick-up truck - Councilmen Thomas, Collins and Rubin - yea. Motion carried. 2. Hotion to authorize the City Administrator ~o b~in negotiations with the followinq firms for the w~ter plan~ expansion: Broome. VanOstran and Assoc.: James H, Hontqomery Consultin~ Engineers: Mock. Roos & Assoc., Inc.; Gee and Jenson Enqineers; Barker, Qsh~ & Anderson; william ~, Bishop, Consul~%ng EBgineers; Daniel Carnahan ~on~ltin~ Engineers; Prime Design, Inc,; Russell ~ Axon, Inc.: Chastain Skillman; and Stanlev/~'~an~man and Assoc,, In~, Hotion by Councilman Thomas to authorize the City Administrator to begin negotiations, seconded by Councilman Collins. Vote - Councilmen Thomas, Collins, Rubin and Watford - yea. Hotion carried. . 87-11 3. Ho~ion to authorize the project engineer for the wastewater treatment plant expansion to have an .enqineering study made, in the amount of $17,800, to support the City's application for percolation ponds as a means of effluent disposal; and addition surveyin~ work fo~ the s~udy in ~he amount of $1,500, ~!otion by Councilman Thomas to authorize the project engineer (Broome, Van Ostran and Associates) to have an engineering study made, seconded by Councilman Collins. Vote - Councilmen Thomas, Collins, Rubin and Watford - yea. r~otion carried. 4. Consid~ a petition to vacate, abandon and close the ~orth 25-feet of N.W. 4th Street lyinq between ~,w, 5~h Avenue an~ N.W. 7th Avenue (propertv in fron~ of the new ~ail) Commissioner Williamson and County Attorney VanLandingham addressed Council presenting the following petition requesting the City vacate that portion of N.~'7. 4th Street where the planter in front of the new jail pertrudes into the street: PETITION TO VACATE, ABANDON AND CLOSE TI{~ NORTH 25 FEET OF ~.~. ~TH 97-15 STREET (FORHERLY 10TH AVENUE) LYING BETWEEN N.W. 5TH AVENUE (FOR!~ERLY OSCEOLA STREET) AND N.W. 7TH AVENUE (FORMERLY OKEECHOBEE AVENUE) ACCORDING TO THE PLAT OF OKEECHOBEE RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. To the Honorable Hayor and City Council of the City of Okeechobee: 4056 -- HAR 0 3 1987 The undersigned Petitioner represents and would show unto }'our honorable body: 1. That said street is within the boundaries of the City of Okeechobee, Florida. 2. That the closing of this street will not adversely affect the access of persons to their property. 3. That the petitioner is the fee simple owner of the lands immediate north of N.W. 4th Street. WHEREFORE, Petitioner prays that the City Council of the City of Okeechobee, Florida: a. Adopt a resolution vacating and closing the north 25 feet of N.W. 4th Street (formerly 10th Avenue) lying between N.U. 5th Avenue (formerly Osceola Street) and N.W. 7th Avenue (formerly Okeechobee Avenue) according to the plat of Okeechobee recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and further renounce and disclaim any right of the City and the Public in and to said street. b. That Notice of the adoption of said Resolution be published in one issue of the Okeechobee News, Okeechobee County, Florida, within (30) days following the date of adoption. c. That Proof of Publication of Notice of Public Hearing, the Resolution as adopted and the Proof of Publication of the Notice of Adoption of said Resolution be recorded in the Public Records of Okeechobee County, Florida. Councilman Watford made a motion the City close'the north section of 4th Street beginning at 5th Avenue ending at the County's west boundary -~ line - with the stipulation that the County pave and stripe the entire section of 4th Street from 5th Avenue to 6th Avenue making sure it joins into the pavement correctly on 5th and 6th Avenues; providing the County ~ agrees to install the necessary culverts (equivalent to the present culvert installed on 4th Street) for the existing ditch in the event that 4th Street needs to be opened, when deemed so by the City Council; providing there is an easement for the water main in the area; providing the County agrees to make the necessary provisions, i.e. manholes, etc., for water lines in the existing ditch. Councilman Collins seconded the motion. Vote - Councilmen Watford, Collins, Thomas and Rubin - yea. [lotion carried. 5.An update on items of interest tO th~ City by CQunty Commis$iQner Jack Willi~msQn Nothing to report at this time. ~.COUNCIL REPORTS AND/OR REOUESTS: 87-15 1. Councilm~n Collin~ ~ Councilmembers again discussed the situation involving the street closing request by the County. Attorney ~ryant suggested the Council consider a motion to set aside the requirements of the resolution if they are the only landowners involved. However, if there are other property owners involved the County must comply with the requirements of the resolution as far as completing the application, the same as any other landowner. Councilmembers discussed the situation. Councilman Collins stated he felt the same rules should apply to the County that applies to an individual as far as the notification to surrounding property owners. Hayor Chapman asked the Council if the~, wished to waive all fees -'~ involved in the street closing application resolution. Councilman Collins made a motion to '.~'ive all ~ ~'ees provid-~ ~ for in the resolution for the County, seconded hV Co%~ncilman Thomas. Vote - Councilmen Collins, Thomas an~q 2ubin - yea. Councilman Watford - nay. Hotion carried. 2. Councilm~ ThQmas Nothing at this time. 4057 3. g~uncilman W~tford MAR ~councilman Watford asked the Council if they had considered having the meetings changed to evenings instead of during the days. Councilmembers stated their preference as far as the meetings being moved to evenings. No action taken. b~ Councilman Watford stated there was a City/County Planning and Zoning Board meeting scheduled for 7:30 P.~4. tonight, impact fees are going to be discussed. 4. Councilman Rubin ~ Councilman Rubin discussed the Warrant Registers with Director Fortner. ~ Councilman Rubin stated the County was planning to have some streets paved with funds from last year's budget. ~ Councilman Rubin then made a motion that the City pave 9 streets per the-City's Street Director's list. Mayor Chapman asked for a second. There being no second the motion died. 5. Mayor ChaDm~ Nothing at this time. ~DJQURN~,~NT The meeting was adjourned at 4:20 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.