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1989-03-21 Regular MeetingpKEFC U m CITY OF OKEECHOBEE CITY COUNCIL MEETING March 21, 1989 - 2:00 P.M. SUMMARY OF CITY COUNCIL ACTION COUNCHME MBERS /ACTION VOTE ABSENT' yES NO A. Call meeting to order. Mayor Chapman called the meeting to order at 2:00 P.M. B. Invocation offered by the Chaplain Zeb Fennell; Chaplain Fennell; Pledge of Allegiance led by Mayor Chapman Mayor Chapman. C. Mayor and Council attendance: Mayor Oakland Chapman Present Councilman Nick Collins Present Councilman Jim Kirk Present " Councilman Oscar Thomas Present councilman Dowling Watford Present D Staff attendance: City Attorney Cook Present City Administrator Drago Present City Clerk Thomas Present Deputy Clerk Finch Present D• Motion to dispense with reading and approve the Summary Motion by Councilman Collins, seconded by of Council Action for the regular meeting of March 7, Councilman Kirk to dispense with reading and 1989 and the Workshop Meeting of March 14, 1989. approve the Summary of Council Action for the regular meeting of March 7, 1989 and the workshop meeting of March 14, 1989. Chapman X Collins X Kirk X Thomas X Watford X Motion carried. a March 21, 1989 Page Two COUNCILMEMBERS/ACTION VOTE ABSENT YES NO E. Motion to approve warrant registers for February, 1989: Motion to approve the warrant registers for February 1989 by Councilman Kirk, seconded by Councilman Thomas and Collins (General Fund - $28,063.36/Public Utilities $21,944.93). General Fund $28,063.36 Public Utilities 21,944.93 Chapman X Collins X Kirk X Thomas X Watford X Motion carried. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON Mayor Chapman stated that Mrs. Faye Williamson TODAY'S AGENDA. would not appear (Item #6). The matter of the Woodbridge Development/Option to Purchase the City's Property would be added under new business - Item #1. F. OPEN PUBLIC HEARING FOR REZONING: 1. Consider petition #252-R for the rezoning of Citizens Frank Bower and Lyda Heath addressed property located at S.W. 23rd Street and S.W 2nd Council requesting the City consider rezoning Avenue from Residential to Commercial II - the subject property. After lengthy discussion Exhibit 1. between Council, Attorney Cook, Zoning and Building Administrator Walter Taylor, Motion by Councilman Collins, seconded by Councilman Thomas to table the matter until the next Council Meeting (April 4, 1989) so that all Councilman may look at the subject property and surrounding.areas prior to voting on the matter. Chapman X Collins X Kirk X Thomas X Watford X Mnt i nn March 21, 1989 Page Three CLOSE PUBLIC HEARING COUNCIIMErBERS/ACTION VOTE ABSENT YES NO G. NEW BUSINESS 1-a. Discussion with Mr. Jim Baughman and Attorney City Attorney Cook explained to Council that Lester Jennings regarding an Option to Purchase Attorney Jennings had prepared an Option to the City's Acreage - Mr. Jim Baughman and Purchase the City's property (subject property Mr. Lester Jennings. consisting of 151. 59 acres in N.W. Section of the City). This option be secured by a $100.00 deposit for a six month period, commencing today (March 21, 1989) and continuing until August 21, 1989. The purchase price to be $385,000.00 less the $100.00 consideration paid for the option. Should Mr.Baughman not exercise the option withi six months, the deposit consideration will be forfeited by him. Attorney Cook discussed the remainder of the terms and conditions of the option with Council and answered their questions in this regard. After lengthy discussion b Council, City 9 Y Y Y �-, Attorney Cook, Mr. Baughman and Attorney Jennings, Motion by Councilman Thomas for the City to enter into the contract (Option to Purchase) with Mr. Baughman for a six month period of time, seconded by Councilman Kirk. Chapman- X Collins X Kirk X Thomas X Watford Motion Carried. *The Option to Purchase was executed by Mayor Chapman and Mr. Baughman and the $100.00 deposit was paid to the City by Mr. Baughman. Copies of these documents are on file in the City Clerk's office. March 21, 1989 Page Four COUNCIIME1rBERS/ACTION VOTE ABSENT YES NO Motion by Councilman Watford, seconded by 1-b. Motion to appoint Mr. Carl Hall as a new maintenance operator assigned to the public works department - Councilman Kirk, to appoint Mr. Carl Hall Director of Public Works. as a new maintenance operator assigned to the Public Works Department. Mr. Hall was introduced to Council by Director Elders. Mr. Elders explained to Council that Mr. Hall had been hired to replace Keith Ellenbecker. Chapman Collins Kirk Thomas Watford Motion Carried. 2. Motion to award purchase of a pickup truck, for the Motion by Councilman Thomas, seconded by public works department to Fountain Motors of Councilman Collins to award the purchase of a Orlando, Florida for $9,603.00. - Director of Public 1989 GMC 3/4 ton pick up truck to Fountain Works (Exhibit 2). Motors of Orlando, Florida in the amount of $9,603.00. Councilman Watford explained that he must abstain from voting in this matter since he is employed by one of the firms who placed a bid for this vehicle. (A copy of the Memorandum of Voting Conflict is on file in the City Clerk's office.) After discussion, Chapman Collins Kirk Thomas Watford Motion Carried. March 21, 1989 Page Five COUNCILMETMERS/ACTION VOTE ABSENT' YES NO Motion by Councilman Kirk to pay a partial pay 3. Motion to pay a partial pay request to Dennis L. Smith for street striping in the amount of request to Dennis L. Smith for street striping in $11,744.90 - Director of Public Works - (Exhibit the amount of $11,744.90, seconded by Councilman 3). Collins. Director of Public Works Charles Elders informed Council that Smith is 90-95% finished with the striping. The $6,000.00 which has been held back should be sufficient to cover any outstandin work to be performed, according to Mr. Elders. Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 4. Motion to approve the transfer of $13,750 from the Motion to approve the transfer of $13,750.00 improvement and replacement fund to the water plant from the improvement and replacement fund to the construction fund - Director of Public Utilities water plant construction fund to cover the (Exhibit 4). balance owed for engineering fees for the water Plant expansion, by Councilman Watford, seconded by Councilman Kirk. After discussion, Chapman X Collins X Kirk X Thomas X Watford X Motion Carried. 5. Discuss granting Lake Oil use of a portion of the Mr. Buddy Lyles and Mr. Phil Baughman alley behind their business - Mr. Phil Baughman. addressed Council and requested the use of the alley behind their business (Lake Oil). Mr. Baughman explained to Council that they would like to extend the existing fence around the alley and erect gates across the alleyway. In addition, Mr. Lyles indicated that he would like to concrete over the alleyway. Mr. Baughman explained that Mr. Lyles is the property owner on either side of the alley March 21, 1989 Page Six COUNCILMEMBERS/ACTION VOTE ABSENT YES NO After lengthy discussion between Council and Chief Mobley, Director Elders, Director Fortner (who indicated that there was a sanitary sewer line which needs replacing in this alleyway), and Lt. Bill Douglas, Motion by Councilman Collins to allow Lake Oil to utilize the alleyway pursuant to the terms and conditions of an Agreement (to be prepared by the City Attorney Cook), seconded by Councilman Thomas. After discussion between Councilman Watford, Chapman Collins Kirk Thomas' Watford Motion Carried. G' 6. Discuss water allocation for Seminole Cove with Mrs. Williamson did not appear. Faye Williamson: — -" - RECESS: 3:12 P.M. Mayor Chapman called the meeting back to order at 3:25 P.M. 7. Update of items of interest to the city from Nothing to report at this time. County Commissioner Jack Williamson. H. COUNCIL REPORTS AND/OR REOUESTS: 1. Councilman Collins: a) Clarified a situation with County Commissioner Williamson regarding the 2/7/89 request for water and sewer allocation for the proposed Okeechobee Commons Apartment Complex; stating that the City had not given an allocation to the developer but had tabled the matter. March 21, 1989 Paqe Seven COUNCIllIEMBERS/ACTION VOTE ABSENT YESI NO b) Discussed with Attorney Cook and Council a problem whereby an "out of town merchant" set up a used car lot (tent) in town. Council dis- cussed this matter at length each voicing their opinion in the matter. Council requested that Attorney Cook research the matter to ascertain what can be done to prevent the reoccurance of this situation. 2. Councilman Thomas: Did not return to Council Chambers after recess. 3. Councilman Watford: a) Brought up the matter of Mr. Charlie Farmer's request for assistance from the City in the "acceptance" of S.E. 9th Street and the work he has performed on the street. Mr. Farmer addressed Council and discussed his dilemma. City Attorney Cook will meet with Director V= Elders and have information available for Council's review at the next Council meeting. R b) Councilman Watford spoke to Council in his capacity -as the city's representative to the Glades -Okeechobee Development Council and moved that the Mayor send correspondence to South Florida Water Management District supporting the Glades -Okeechobee Economic Development Council's effort to lease the Okee-Tantie Park from South Florida Water Management, seconded by Councilman Collins. Chapman Collins Kirk Thomas Watford Motion Carried. March 21, 1989 Page Eight COUNCILMEMBERS/ACTION VOTE YES NO 5. Councilman Kirk: Nothing at that time. 6. Mayor Chapman: Nothing at this time. 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 VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. OAKLAND R. CHAPMAN,. YOR ATTEST: BONNIE S. THOMAS, CMC CITY CLERK