1989-04-18 Regular MeetingA.
0
C.
D.
CITY OF OHEECHOBEE
CITY COUNCIL MEETING
April 18, 1989 - 2:00 P.M.
SUMMARY OF CITY COUNCIL ACTION,
Call meeting to order.
Invocation offered by the Reverend Arly Ball;
Pledge of Allegiance led by 'Mayor Chapman
Mayor and Council attendance:
Mayor Oakland Chapman
Councilman Nick Collins
Councilman Jim Kirk
Councilman Oscar Thomas
Councilman Dowling Watford
Staff attendance:
City Attorney Cook
City Administrator Drago
City Clerk Thomas
Deputy Clerk Finch
notion to dispense with reading and approve the Summary
of Council Action for the regular meeting of April h,
1989.
COUNCILMEMBIIRS /ACTION
7dayor Chapman called the meeting to order at 2:00
P.M.
Reverend Ball;
Mayor Chapman.
Present
Present
Present
Present
Present
Present
Present
Present
Present
Motion by Councilman Kirk, seconded by Councilman
Watford to dispense with reading and approve the
Summary of Council Action for the regular meeting
of April 4, 1989.
Chapman
Collins
Kirk
Thomas
Watford
?Motion Carried.
V� YES NO ABSENT
April 18, 1989 Page Two
COUNCILMEMBERS/ACTION
VOTE
ABSENT
YES
NO
E. motion to approve warrant registers for rlarch 1981):
Motion to approve tne warrant reg s er
March 1989 by Councilman ,,Iatford, seconded
by Councilman Thomas in the amount of:
$38,525.64 --General Fund and $38,505.32 -
Public Utilities.
General Fund $38,505.64
Public Utilities 38,505.32
Chapman
X
Collins
X
Kirk
X
Thomas
X
"Tatford
X
motion carried.
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITE11S ON
There were none.
TODAY'S AGENDA.
F. OPEN PUBLIC HEARING FOR REZONING:
C
f
1. Motion to remove petition #252-R from the table.
Motion by Councilman Collins, seconded by
Councilman Thomas to remove rezoning petition
—
#262-R from the table.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
2. Consider petition #252-R for the rezoning of
Citizens Lyda Heath and Frank Bower addressed
property located at S.W. 23rd Street and S.rN 2nd
Council and stated that they wish to
Avenue from Residential to Commercial II -
rezone the property from RSF to C-II. Mr.
Exhibit 1.
Bower informed Council that they (the
petitioners of #252-R) have dropped
the Special Exception request which rules out
the Auto Sales and Auto Paint and Body Shop
initially intended for this property.
April 13, 1989
Page Three
COUNCILMEr4BERS/ACTION
VOTE
ABSENT
YES
NO
Mayor Chapman read a petition received from
residents in this area, as follows:
"City of Okeechobee
City Council
Okeechobee, Florida
Dear Councilmembers:
we, the undersigned, property owners in the city
of Okeechobee do oppose the rezoning of the
property bounded by U.S. 441 , Southwest 23rd
Street, Southwest 2nd Avenue, and Southwest 22nd
Street, that is presently zoned residential. We
feel that the location of commercial enterprises,
in the area presently zoned residential, would
create excessive traffic in the residential area
and create drainage problems in the area that is
now developed residential.
One of the owners of the property in question,
- —
Lyda Heath, herself fought the -rezoning of the
property owned by Reba Newhouse a number of years
ago. At the time this property was to be
rezoned for a day care center. Now she has
joined with Reba Newhouse in asking for the
rezoning of their properties to allow for the
location of a used car lot and car rental office.
We ask that you consider our request and deny
this zoning that would allow the commercializatio
of a residential neighborhood.
Signed,
Elmo R. Jones, 201 SW 23rd Street
Francis Going, 2202 SW 2nd Avenue
Glen A. Going, 6876 NW 151 Terrace
Robert Going, 2202 SW 2nd Avenue"
April 18, 1989
Page Four
COUNCI114D1BERS/ACTION
VOTE
ABSENT
YES
NO
Citizens Glep Going, Rucker Wilcox and Robert
Going discussed the matter with Council.
After lengthy discussion between the petitioners,
citizens in attendance, Council and City
Attorney Cook,
Motion by Councilman Watford, seconded by
Councilman Thomas to uphold the Zoning and
Planning Commission's decision to deny Rezoning
Petition #252-R.
Motion to amend by Councilman Watford, to
include the objections as stated in the minutes
of the Planning & Zoning Board (see Exhibit 1 -
Uniform Land Use Application/Petition #252-R
with attachments)*,i.e. - it would be contrary to
established land use pattern, it would adversely
influence living conditions in the neighborhood,
it would adversely effect property values in
adjacent areas, and it is possible to find other
adequate sites in the County for the proposed use
in districts already permitting such use.
Amended Motion seconded by Councilman Thomas.
Chapman
Collins
X
Kirk
Thomas
Watford
Motion Carried.
CLOSE PUBLIC HEARING
April 18, 1989
Page Five
COUNCILMEMBERS/ACTION
VOTE
ABSENT
YES
NO
G. NEW BUSINESS
1.
motion to
appoint Elaine Kunz as
the new executive
Motion by Councilman Thomas, seconded by
secretary
- City Administrator
Councilman Watford, to appoint Elaine Kunz
as the new executive secretary to the
City Administrator.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
2.
'Motion to
appoint Wade Richardson
as a new fire
Motion by Councilman Watford, seconded by
fighter -
Fire Chief.
Councilman Kirk to appoint Wade Richardson
as a new fire fighter.
Mr. Richardson was introduced to Council by
Lt. William Douglas.
C)
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
3.
Motion to
appoint Fred Nichols as
a regular Public
Motion by Councilman Watford, seconded by
Utilities
maintenance operator -
Director of Public
Councilman Kirk to appoint Mr. Fred Nichols
Utilities.
as a regular Public Utilities maintenance
operator.
Director Fortner explained to Council that
Mr. Nichols had completed his six month
probationary period.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
April 18, 1989
Page Six
COUNCILMEMBERS/ACTION
VOTE
ABSENT
YES1
NO
4. Motion to approve an additional $10,000 to complete
Motion to approve an additional $10,000 to
renovation work in the Public Utilities offices -
complete rqp ovation work in the Public
Director of Public 'Forks (Exhibit 2).
Utilities offices by Councilman I'atford,
seconded by Councilman Collins.
After discussion,
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
5. Motion to approve $49,000 for additional engineering
Motion by Councilman Thomas to approve $49,000
work on the water plant and water distribution
for engineering work on the water plant and
system - Director of Public Utilities (Exhibit 3).
water distribution system, upon they
recommendation of the Director of Public
Utilities, seconded by Councilman Kirk, for
discussion.
Director Fortner explained to Council that
$29,000 of this $49,000 is for engineering
fees and the remaining $20,000 is for the
remedial repairs to the system (relocate the
activated carbon point of application and
purchase of a chlorine feed system).
After discussion between Council and Director
Fortner,
April 18, 1989
Page Seven
COUNCHMEME2S/ACTION
VOTE
ABSENT
YES
NO
Amended Motion by Councilman Watford to delete
the $20,000 for remedial repairs to the system
and approve the $29,000 for engineering fees
for the new water plant, seconded by Councilman
Thomas.
Chapman
X
Collins
X
Kirk
X
Thomas
r?latford
A'otion denied.
VOTE ON ORIGINAL MOTION:
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
6. Motion to approve a final payment to Dennis L.
t?otion by Councilman Kirk, seconded by
Smith for street striping in the amount of
Councilman Thomas to approve the final payment
$3,939.33 - Director of Public Works (Exhibit 4).
for street striping in the amount of
$3,939.33.
After discussion between Council and Director
Elders,
Chapman
Collins
Kirk
X
Thomas
X
G,7atford
Motion Carried.
April 18, 1989
Page Eight
COUNCIUgEMBERS/ACTION
VOTE
ABSENT
YES
NO
mr. Ivilcox addressed Council and informed them
7. Consider acceptance of water and sewer lines
for S.1•7. 22nd Lane - Mr. Rucker T-7ilcox.
that the minutes (agenda) should read: N.W. 22nd
Lane not S.W. 22nd Lane. He explained to Council
that this would be Lots 1-13 of Block 21 and
Lots 1-5 and 22-26 of Block 24, Connors
Highlands.
After discussion, motion by Councilman Kirk,
seconded by Councilman Watford to approve the
acceptance of the water and sewer lines on
N.W. 22nd Lane in Connor's Highlands.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
C>
8. Consider a request from Mrs. Ann Shirley to use
Mayor Chapman read the request from Mrs.
a portion of an alleyway behind their house at
Shirley in its entirety, as follows:
307 S.W. 10th Street - Mrs. Ann Shirley (Exhibit
5).
August 11, 1989
Honorable Mayor and Councilmen
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, FL 34974
Dear 'Mayor Chapman and Councilmembers:
We would like to request the use of 7 1/2' of
the alley between S.W. 3rd and 4th Avenues'
that adjoins our two lots. If granted the
use, we plan to erect a privacy fence and use
the area for planting a *hedge, flowers,
vegetables and plants to act as a buffer
for the noise from Hwy. 441 and the traffic
from surrounding areas.
April 18, 1989
Page Nine
COUNCIIMENBERS/ACTION NOTE ABSENT
YES L NO
No trees will be planted.
Thank you for your consideration and concern.
Sincerely, Ann K. Shirley
James & Ann Shirley, 307 S.W. loth Street,
Okeechobee, Florida 34974. Block 9, Lots 7 & 8.
*hedge will be maintained at 4' if planted.
If Council allows privacy fence, no hedge will
be planted.
Ann K. Shirley
Council also discussed a letter dated March
30, 1989 from Ann and Cary Eubanks (1004 S.W.
3rd Avenue) whereby they requested permission
to mow and maintain the portion of the alleyway
between S.W. 3rd and 4th Avenue that adjoins
their four (4) lots.
After lengthy discussion between Mr. and Mrs.
Shirley, Council, and Attorney Cook,
Motion by Councilman Kirk to grant Mr. and
Flrs. Shirley the right to use three (3) feet
of the alley adjoining their property as long
as they do not erect any type of structure
or fence.
After discussion,
Motion withdrawn by Councilman Kirk.
April 18, 1989
Page Ten
COUNCIIMEMBERS/ACTION
VOTE
ABSENT
YES
NO
motion by Councilman 11atford, seconded by
Councilman Thomas to allow both property
owners (the Eubanks and the Shirleys) to
use 7 1/2 feet of the alley adjoining their
respective properties to mow and maintain
and the alley and to plant shrubbery (not
to exceed 4' in height)in the alley.
Property Owners will be required
to execute an Agreement with the City
and to abide by the terms and conditions
of the Agreement.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
?lotion Carried.
9. Consider the city installing a water and
Mr. Mullins addressed Council and described
waste water system for the new Okeechobee Park -
the proposed $1.3 million "Okeechobee Park"
Mr. Danny Mullins (Exhibit 6).
to Councilman and explained to them that the
the City's assistance is needed to waive hook
up fees, impact fees and donate materials and
labor for this park.
After lengthy discussion between Mr. Mullins,
Administrator Drago, Citizens Johnny Mack
Kensaul, County Commissioner Williamson,
Director of Public Utilities Fortner and
Council. It was concluded that Administrator
Drago, City Attorney Cook and Attorney (Tom)
Conley will prepare a draft Agreement for
Council's review in this matter.
(Councilman Watford left Council Chambers at 4:CO
P.M.)
April 18, 1989
Page Eleven
RECESS: 4:05 P.M.
Mayor Chapman called the meeting back to order at 4:20 P.Pi.
10. Update of items of interest to the city from
County Commissioner Jack Williamson.
H. COUNCIL REPORTS AND/OR REQUESTS:
1. Councilman Collins:
2. Councilman Thomas:
COUNCILIIEMBERS/ACTION IVOTE
YES NO
'lotion by Councilman Thomas, seconded by
Councilman Birk to participate with the County
and the School Board to purchase and install
the water and waste water system and waive
the impact and connection fees, not to exceed
$75,000.00 in material costs for the proposed
Okeechobee Park.
Chapman X
Collins X
Kirk X
Thomas X
Watford
Motion Carried.
Nothing at this time.
Asked Administrator Drago to look into the cost
of obtaining "pin microphones" for Councilman
to wear in Council Chambers.
Nothing at this time.
ABSENT
X
April 18, 1989
Page Twelve
3.
5.
G.
Councilman Watford:
Councilman Kirk:
mayor Chapman:
COUNCIIPEMBERS/ACTION
Absent from Council Chambers.
a) Reminder Administrator Drago about their
discussion regarding salary increases for
City Fire Fighters.
b) Stated he is still waiting for clarification
of the reasoning for the monetary award in
the Taddie Litigation.
a) Discussed a letter he received from Gershon
Miller regarding the possibility of an exit
and entrance from the Sunshine Parkway at or
near the Fort Drum Rest Stop.
Mayor Chapman requested Administrator Drago
prepare and send correspondence to the
Secretary of the Department of Transportatior
regarding the City's support of this exit/
entrance.
b) Mayor Chapman discussed a hardship case for
hookup to the water and sewer system as
required by City Ordinance. Mr J.C. Evans
has a well; he does not want and says he
cannot afford the water (hook up fee). It is
time for him to be hooked up to the city
sewer (Mr. Evans has paid his connection fee)
VOTE ABSENT
YES I NO
J.
April 18, 1989
Page Thirteen
7. Director Fortner:
ADJOURNMENT
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, MAYOR
ATTEST:
P
COUNCIIrRCERS/ACTION
After discussion between Director of Public
Utilities, Fortner, Council and City Attorney
Cook regarding a new Ordinance in this
matter which is still in the review stages
Motion by Councilman Collins, seconded by
Councilman Thomas for the city to give Mr. Evans
permission to purchase a meter to put on his well
until an Ordinance is engaged.
Chapman
Collins
rirk
Thomas
t',Tatford
Motion Carried.
Requested clarification to insure the size
of the ground storage tank for treated water
at the water treatment plant. Council agreed
they had approved the 3.5 million gallon tank.
Mayor Chapman adjourned the meeting at 4:35 P.M.
VOTE ABSENT
YESI NO