1989-03-07 Regular Meeting1
I
CITY OF OHEECHOBEE
CITY COUNCIL MEETING
March 7, 1989 - 2:00 P.M.
SUMMARY OF CITY COUNCIL ACTION
COUNC11MR BERS WrION
VOTE
ABSENT
YES
NO
Mayor Chapman called the meeting to order at 2:00
P.M.
,. Call meeting to order.
�. Invocation offered by James Griffis;
Reverend Griffis.
Pledge of Allegiance led by Mayor Chapman
Mayor Chapman.
'. Mayor and Council attendance:
Mayor Oakland Chapman
Present
Councilman Nick Collins
Present
Councilman Jim Kirk
Present
Councilman Oscar Thomas
Present
Councilman Dowling Watford
Present
Staff attendance:
City Attorney Cook
Present
City Administrator Drago
Present
City Clerk Thomas
Present
Deputy Clerk Kogut
Present
. Motion to dispense with reading and approve the Summar
Motion by Councilman Collins to dispense with
of Council Action for the regular meeting of February
reading and approve the Summary of Council
211 1988.
Action for the regular meeting of February
21, 1988, seconded by Councilman Kirk.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion carried.
Page Two
warrant registers for February, 1989:
$ 17,450.04
es 88,961.88
EFERRAL OR WITHDRAWAL OF ITEMS ON
FOR REZONING AND FINAL ORDINANCE
)n 253-R for the rezoning of
�d at S.W. 22nd Street and
from Residential to
Exhibit 1 (City/County
asion unanimously denied the
COUNCIIMEMBERS /ACTION
Mr)tion to approve the warrant registers for
February, 1989 by Councilman Watford, seconded
by Councilman Kirk (General Fund -
$17,450.04/Public Utilities - $88,961.88).
Chapman
Collins
Kirk
Thomas
Watford
Motion carried.
Mayor Chapman stated the matter of the
appointment of Clayton Williams to the Firemen's
Pension Board needed to be added to the agenda
as New Business Item #5.
zoning and Building Administrator Taylor and
property owner Citizen Frank Bower addressed
Council. Mr. Bower informed Council that he
wishes to open a Used Car Sales Business at
the subject location; that there will be
no paint and body work performed as stated on
the rezoning application/notice (Exhibit 1)
other than minor "spot " work.
After lengthy discussion, Motion by Councilman
Watford, seconded by Councilman Thomas to
table the Public Hearing until the next Council
meeting (March 21, 1989) when the minutes of
the Planning Commission and exhibits/statements
of citizens who favored or objected to the
rezoning are available for Council's review.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
VOTE ABSa7
YES I NO
X
X
X
X
X
X
X
X
X
X
March 71 1989
Page Three
2. Motion to read by title only Ordinance #612
closing, vacating and abandoning an alleyway
located in Lots 3, 41 5 and 6 of Block 154 -
City Attorney (Exhibit 2).
3. Motion to adopt the final reading of Ordinance
#612 closing, vacating and abandoning an
alleyway located in Lots 3, 4, 5 and 6 of
Block 154.
COUNCIIMEMBERS/ACTION
Motion by Councilman Collins, seconded by
Councilman Watford to read, by title only,
proposed Ordinance #612, closing, vacating and
abandoning an alleyway located in Lots 3, 4,
5 and 6 of Block 154.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Attorney Cook read proposed Ordinance #612,
by title only, as follows:
Proposed Ordinance #612
AN ORDINANCE CLOSING, VACATING AND ABANDONING
THE ALLEY OR ALLEYWAY LOCATED IN LOTS 3, 4, 5
AND 6, OF BLOCK 1541 CITY OF OKEECHOBEE;
DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE
IN THE PUBLIC RECORDS OF THE COUNTY; PROVIDING
AN EFFECTIVE DATE.
Motion by Councilman Thomas, seconded by
Councilman Kirk to adopt the final reading of
proposed Ordinance #612 closing, vacating and
abandoning the alley or alleyway located in
Lots 3, 4, 5 and 6 of Block 154, City of
Okeechobee (pursuant to application #27 by
American Pioneer Savings Bank).
Mayor Chapman asked for public comments for
or against the closing, vacating and abandoning.
Citizen Patsy Campbell asked for clarification
of the alley to be closed and the proposed
use of the property.
VOTE ABSENT
YES NO
X
X
X
X
X
March 7, 1989
Page Four
CLOSE PUBLIC HEARING
G. NEW BUSINESS
1. Motion to pay a partial pay request to Dennis L.
Smith for street striping in the amount of
$33,663.57 - Director of Public Works (Exhibit 3)
COUNCIIMEMBERS/ACTION I VOTE
IYESI NO
After discussion,
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
Motion by Councilman Collins, seconded by
Councilman Thomas to approve the partial
pay request to Dennis L. Smith for street
striping in the amount of $33,663.57.
Director of Public Works, Charles Elders
informed Council that this payment is for
work performed in the Northwest and Southwest
sections of the City. Mr. Elders stated that
all of the work performed -is satisfactory
other than a "punch list" of items to be
repaired and/or finalized.
After discussion between Council and
Director Elders,
Chapman
X1
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
ABSENT
March 7, 1989
Page Five
COUNCILHH2,,JBERS/ACTION
2. Motion to grant the use of the city parks, March 2, Motion by Councilman Collins, seconded by
to the Chamber of Commerce for the Speckled Perch Councilman Thomas to grant the use of the
Festival - City Administrator (Exhibit 4). city parks, March 12, to the Chamber of
Commerce for the Speckled Perch Festival.
3. Discuss the Cedar Run Project - Mr. Robert
DeHarder (Exhibit 5).
After discussion by Council regarding the
Chamber of Commerce using the parks on
both March 11 and March 12, 1989 for a
two-day festival rather than the traditional
one -day affair,
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Mr. DeHarder did not appear, however, a
telegram was delivered to the City Clerk
(3/7/89) which was made a part of the record
of the minutes and read by City Clerk Thomas
in its entirety, as follows:
VOTE ABSENT
YES I NO
X
X
X
X
X
March 7, 1989
Page Six
C.,
COUNCILMEI,ffiERS/ACTION I VOTE I ABSENT
YES NO
Dear Honorable Mayor and City Councilmen of the
City of Okeechobee. This is to advise you that
American Land Trust Corporation will not deviate
from its proposed settlement as propounded to
City Attorney John Cook by our council, Walter W.
Sylvester. This offer is the most generous one
we are prepared to make as a settlement of our
dispute with the City over the property we
recently acquired title to from the American
Hatton Trust and which is on the agenda of your
meeting the 7th day of March, 1989. Your
failure to accept this final proposal will
leave us no alternative but to litigate this
matter and to seek all of the benefits we are
entitled to as the successor and assignees of
Okeechobee Unlimited. We will not be in
attendance at the meeting this afternoon since
we have made our position clear. We request that
this letter be read verbatim into the records
of today's meeting. We trust that you will
give this your full consideration and act
accordingly. Robert DeHarder, President.
American Land Trust Corporation. 607 A South
East 6th Avenue. Okeechobee, Florida 34974.
City Attorney Cook discussed with Council
various documents he has received from Mr.
Sylvester, and various copies of correspondence
to and from the City in this matter.
After lengthy discussion,
March 7, 1989
Page Seven
4.
5.
Update -of items of interest to the City by
County Commissioner Jack Williamson.
Motion -by appoint Mr. Clayton Williams to the
Firemen's Pension Board.
COUNCILrEMBERS/ACTION
Motion by Councilman Collins, seconded by
Councilman Kirk to send correspondence to
American Land Trust Corporation informing them
of the City's final decision (in that "the City
does not believe, and does not concede that
a contract, as such, existed; . . ." and "the
City restates it's position stated at the
first meeting on January 17, 1989 and asserts
that whatever the agreement is deemed to be,
it, and it's purpose, has long since been
abandoned. Therefore, this created an offer
of rescission which the City accepted, thereby
rescinding the contract and requiring the
parties to return to their original status quo.")
Chapman
Collins
Kirk
Thomas
Watford
Motion carried.
Commissioner Williamson spoke to the Council
about the fire hydrants which are located
within the County. Commissioner Williamson
requested the Council and the County
Commission attempt some compromise and/or
agreement in this matter relative to the
payment for new and existing hydrants located
throughout the County. No action taken to
change present policy.
Motion by Councilman Watford, seconded by
Councilman Kirk to appoint Clayton Williams
to the Firemen's Pension Board.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
VOTE ABSENT
YES I NO
X
X
X
X
X
X
X
X
X
X
March 7, 1989
Page Eight
RECESS: 3:05 P.M.
COUNCILHEMBERS/ACTION
VOTE
ABSENT
YES
NO
Mayor Chapman called the meeting back to order at 3:25 P.M.
6. Request from Mr. Rucker Wilcox for water & sewer
Mr. Rucker Wilcox addressed the Council
allocation for four (4) building sites in Block 5,
requesting water and sewer allocation
Connors Highlands - Mr. Rucker Wilcox.
in Connors Highlands for four (4) additional
building sites (Lots 1-6, Block 5).
Motion by Councilman Collins, seconded by
Councilman Watford to allow the
Director of Public Utilities to grant
permission to approve the extra water
allocation for the four (4) lots in
Block 5, Connors Highlands.
Councilman Thomas abstained from voting and has
signed a Conflict of Interest Form which is on
file in the City Clerk's office.
L~
Chapman
Collins
Kirk
-Thomas -
Watford
Motion Carried.
H. COUNCIL REPORTS AND/OR REQUESTS:
1. Councilman Collins:
a. Requested Council schedule a workshop
on Tuesday, March 14th, 1989 at 11:00
A.M. to discuss the possible usage of
the City's 154 acres.
2. Councilman Thomas:
a. Discussed the drainage problem at Dairy
Queen with Public Works Director Elders
and requested Mr. Elders meet with the
individuals involved to see what they
could work out.
March 7, 1989
Page Nine
COUNCILMEMBERS/ACTION
VOTE
ABSENT
YES
NO
a. Discussed a problem Mr. Charlie Farmer has
3. Councilman Watford:
recently experienced in the S.E. 9th Street
area (by Kelly's Machine Shop) regarding the
City Ordinance which requires any developer
opening streets, bring them up to City
specifications before the City will accept
the street. Mr. Farmer has had much of the
work performed at a "considerable expense".
Mr. Farmer has yet to shell the street
and would like to assess whether or not the
City could "help out" in this situation.
City Attorney Cook will research the matter
and advise Council of. his findings.
4. Councilman Kirk:
a. Nothing at this time.
5. Mayor Chapman:
a. Discussed the deteriorated condition of S.W.
22nd Street with Public Works Director Elder
Mr. Elders stated he met with individuals fr
m
�.
Dickerson; it was determined that bad asphal
4
was the problem. The street should be
- -
resurfaced within one (1) week (depending
-
upon the weather).
b. Requested Public Works Director Elders check
into a complaint regarding shrubbery
obstructing vision of drivers at the inter-
section of SW 2nd Avenue and SW 17th Street.
ADJOURNMENT:
Mayor Chapman adjourned the meeting at 3:50 P.M.
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 VERBAfrIM-RECORD OF THE
PROCEEDINGS IS MADE WHICH INCLUDES THE TlFSTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS BASED. _
Al
',
OAKLAND R. CHAPMAW�'MAYOR C
ATTEST: �,
April 4, 1989
Page Six
6. Update of items of interest to the city from
County Commissioner Jack Williamson.
COUNCILMEMBERS/ACTION
Mr. Mullins requested that the Council consider
material and in -kind labor donations and waiving
of capacity and connection fees for Phase III
(the utilities - package: water and sewer)
by purchasing approximately $75,000.00
in materials, installation/labor (approximately
$100,000.00) and by waiving capacity and
connection fees for the proposed project.
After lengthy discussion by Council, City
Administrator Drago, Mr. Mullins and Citizen
Tommy Close, Council requested more precise
figures and specific plans/requests prior to
making any type of commitment(s) in this matter.
Mr. Mullins will work with Mr. Drago and return
before Council when more specific information
is available for Council to consider.
Commissioner Williamson informed Council that
under the Comprehensive Land Use Plan, the County
is obligated to establish a task force on
housing (which is a subcommittee of the Central
Florida Regional Planning Council). The City
needs to have a member/representative to attend
the subcommittee meetings. Mr. Williamson
recommended City Administrator Drago be the
City's representative and asked Council to
authorize this request and to allow Mr. Drago
to attend the meetings.
Council agreed to the request.
VOTE ABSENT
YES1 NO