1989-10-03 Regular Meeting14 O R 1V/
A ;ali meetinc
B. ,v-ocation c
qe of Al
C. cr and Cc
"Mayor C
Council
Council
Council
Council
Staff attenc
City At
City Ac
City Cl
'.)eputy
�D. Motion to di
of Council P
18, 1989; re
ing, Septemt
ing, Septemt
?TE: excerpt from
�_,ancilman Thomas.
annexation of the su
upon the subject prc
of the City of Okeec
CITY OF OKEECHOBEE
CITY COUNCIL MEETING
October 3, 1989 - 2:r'? P.'`.
SUMMARY OF CITY COUNCIL ACTION
COUNCILMFQ•BERS/ACTION
VOTE
ABSENT
yES
NO
to order.
Mayor Chapman called the meeting to order at 2:00 P.
.
,ffered by Reverend Jensen:
Reverend Jensen;
legiance led by Mayor Chapman
Mayor Chapman.
uncil attendance:
akland Chapman
Present
man Nick Collins
Present
man Jim Kirk
Present
man Oscar Thomas
Present
man Dowling Watford
Present
ance:
torney Cook
Present
ministrator Drago
Present
erk Thomas
Present
Clerk Earnest
Present
spense with reading and approve the Summary
Motion by Councilman Collins, seconded by
ction for the workshop meeting of September
Councilman Kirk.
gular session and first budget public hear-
er 19, 1989; and second budget public hear-
Motion by Councilman Watford, seconded by Councilman
er 25, 1989.
Thomas to amend the minutes of September 19, 1989,
(amending pagQ 5 paragraph 7 recommendation to read
"motion to amend"; page 6 paragraph 6 recommendation
City's agreement to annex as referenced by
*last sentence should read "add the agreement to
Paragraph 4. ". 0;,MER consents to voluntary s
annex into the City"; page 9 paragrao 3 recommenda--
bject property into the City of Okeechobee
tion add woraing "painting, carpet replacement, wall`
perty becoming contiguous to the City Limits
paper and moving the Fire Chief's office"; Pape 9
hobee."
2.arAgraph 3-5 recommendation should be added to in-
clude motions by Councilman Watford to amend the
1989-90 budget, page 8 department 511-8100 Aid to
Page Two
A
E. Iotion to approve warrant registers for August, 1989
Genera?. rune ...............$ 71,373.73
Public Utilities ........... $153,440.50
REQUEST FOR TH ; ':.`oOITTONI, T)EFERRAL OR WITHDRAWAL OF ITEMS ON
TODAY'S AGENDA.
C(?UNCZi�1h'15,;RS/ACI'LU.�'I VOTE ABSENT
[YES I NO
Government Agencies to $0". _lotion died for lack of
second. "-lotion to "Revise the service .bonus program
to be after 3 years $300, 4 years $100, 5 years $100
6 years $300", motion died for lack of second.
ote to amend:
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
riginal motion, vote was as follows:
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
Motion by Councilman Watford, seconded by Councilman
Collins.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
By request of the City Administrator, item n1toiber
eight under New Business was changed to ilea, eques
from Okeechobee County School Board for wate;.Iine
extension. County Commissioner Williamson was move
to number nine.
as
October 3, 1935Page Three
4
COUNCII-1rN))ERS/ACI'TON
VOTE
ABSENT'
YrS
NO
n OPFN PUBLIC HEAR1-7, pm< ADOPTION
1. a. motion to read j,,- title ,.)nlv Ordinance #616 -
Motion by Councilman Collins seconded by
City Attorney (7x lihi t 1.) .
Councilman Watford.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
City Attorney read by title only Ordinance #616 as
follows:
"AN ORDINANCE ACCEPTING THE PETITION FOR VOLUNTARY
ANNEXATION OF PARCELS "I", "V" AND "VI" LYING IN AND
COMPRISING A PART OF SECTION 27, TOWNSHIP 37 SOUTH,
a.
RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA.
b. Motion to adopt ordinar;cc #616.
Motion by Councilman Collins, seconded by Councilman
Kirk for discussion.
The following is a summary of a lengthy discussion
involving Council, Jim Baughman (the developer of
the proposed Blue Heron Golf and Country Club), At-
torney Cassels, Moseley Collins (engineer for devel-
oper) and audience input of topics concerning the
defizU tion of an enclave, the increase of traffic
flow (can the roads handle the increase), taxes (in-
crease f�f property value) and the requirement of
City services (water/sewer availability and public
safety).
Mr. Baughman explained the proposed Blue Heron Golf
and Country Club project to the Council. Presentin
Council with copies of the proposed plans and explain-
ing the purpose for the annexation was the property
for the proposed development lay partly in the City
and partly in the County.
O. ctober 3, 1.989
Page Four
COUNCIDnMBERS/ACIFTON VOTE ABSEIL;
YLS I No .
To develop this it would be easier to annex it into
the City and deal with only one government. He ex-
pressed his feelings about the project in that ever
thing they tried to do was geared toward making the
project better for the City and h_- felt it `7ould be
an asset to the community.
!Attorney Cassels added "all guidelines set by Florid
Statues for annexation were followed: Advertising,
signed petition, certificate of title and proposed
ordinance".
Councilman Watford made it clear the City (at this
time) could not furnish any services (water and/or
sewer, etc.)to the area. The developer understood
this.
'Councilman Watford requested an estimate of the
number per day of trips back and forth to the pro-
ject. Mr. Moseley Collins, Engineer stated techni-
cally the number of trips per day in a twenty-four
hour period is 6.8 per unit (house/lot, which in
laymans terms is a car every sixty seconds).
Rev. Jensen, Cliff Greenisen, Mr. Stahl, Tom Murray,
Thomas Curren, Mark Belleville, Mark Finley, Martin
Warren, Pam Snedecker, and Lois Hazel (all citizens
of Okeechobee Estates) asked the developer questions
about transportation and raising taxes. Mr. Baughma
answered all of their questions and stated he felt
traffic is not going to be such an impact as some
felt.
Mr. Baughman gave his opinion on the taxes, he felt
it certainly was not going to lower the property
value, but whether or not it actually would raise
the property value he could not give a definite
an. wer.
r
october 3, 11- 29
Page Five
COUNCILMH`g3ERS/A(::fTON
VOTE
ABSENT
YES
NO
The `Iayor then read a letter '.)y Clenda Carver
(a
citizen w'lo was Finable to attend the meeting)
as
follo"•Is:
i
"To tl;e C l,)E21:S oI 4110 City C.Oililcii Of the C
y
r
Okeechobee, ra,,7 husband and I :gill be unable
o
t-
tend the :�eeting on Octo�Der 3, 1059 as we wi
1 b
th
be out of town. I feel this is a very important
me-
eting ')ecause it will affect so many ?people 'n
tie
Okeechobee Estates area and even the surroun
ing
area. I am asking the Council to really thi
k a'
out
the whole ar^a, not just a few developers. T
e have
haJ several projects in the past few years t
at
real-
ly haven't been what was proposed (T.ing's Da)
, Amer-
ican ?adventure, ?iensen Homes) . I feel this
an
my
raise taxes and leave the tom as a whole with
more
incomplete projects.
The property in question is already re -zoned
I
fee
the developers of this project will have to .e
m
re
Fa
cautious if they have to go through two boar
s i
-
stead of one -,Thy should other homeowners ha
e t
,gay higher taxes when their property goes fr
m C
ty
to County. There will be a big enough burde
an
inconvenience just with the traffic flow. I
am
still of the opinion that there will be very
few
People willing to move to Okeechobee to buy
hozie
worth $100,000 and up. They would have to w
rk
ut
of the area and drive a great distance.
Iy property is in the enclave area on the ma
ev
n
though we are considered to be able to get o
t,
his
is a private road in front of my house and �i
. Evan'
house, an I believe the entrance to the Brow
pr
-
perty adjoining my property is also private.
I
guess in short, I a:,i against the annexation.
There is another project scheduled for the II
g
o-
perty for low income housing. I guess I can't
tin
-
$20,000 housing on one side and, $100,000 and
up
in
the rear of my property. T°There will it stop
z
October 3, 1939
Page Six
4
2. Consider Petition 274-R for rezoning property lying,
East of Okeechobee Estates from Agriculture Conservation
to Residential Single Family - City/County Planning Com-
mission recommended approval (Exhibit 2).
COUNCI LM emu` 3 B S /ACI' 1.ON
'?rs. Carver's letter continued:
T wish I could have been at this meeting as it is a
very important decision for the whole community.
Asiank •you for ta'linc t1ie tii, e to t1lis letter al
I hope you will consider this matter very carefully
Councilmen Collins, Thomas and Kirk expressed they
felt the development would increase tax revenues to
the City and would be an asset to the City. Okee-
chobee is growing, and we need to help progress,
especially something of this nature which is plannec
progress.
Councilman ''atford expressed his viell in that "we
know those roads are terrible, how can we in good
conscience vote yes on something that would only ma
a situation t;,orse, we cannot service the area adequ
ately and we would live to regret the decision".
Councilman 7irk withdrew his second, Councilman
Collins withdrew his :notion to discuss the issue.
t'otion by Councilman Collins, seconded by Council
Kirk to adopt ordinance #616.
Chapman
Collins
Kirk
Thomas
Watford
notion Carried.
Notion by Councilman Collins, seconded by Council
Kirk.
Attorney Cassels stated we re-incorpoate and adopt
all the discussions made at the presentation made
the Council during the annexation period.
VOTE ABSENT
YES I NO
A
:e
91
(-)c:-oher 3. 1989
'ac,e Seven
COUNCILMEMBERS%ACTION
VOTE
ABSENT
YjS
NO
Councilman Watford stated he wish to re-incor�orate�
all objections made during the annexation period.
8
Councilman Thomas asked the City Attorney when the
rezoning would take affect on the tax roll. The City
Attorney stated the rezoning takes effect immediate
y,
but won't take effect on the tax roll until January.
Councilman Watford asked the City Attorney if it is
proper and legal to annex in one motion and rezone
in the next motion? City Attorney informed the
Council it was okay as long as the annexation was
effective immediately.
Councilman Watford then asked if there was any way
to tie this rezoning to this project. City Attorne
stated that there is no way to do that. Councilman
s
Watford asked if the platting process had been up-
dated? CityAdministrator stated that it had not.
After lengthy discussion regarding the platting
process and the need for it to be updated. Councilm
n
Watford made a motion to recess the meeting for the
Council to review the fifty ( 32) page ordinance re-
garding the guidelines for the platting process.
Councilman Watford withdrew his motion.
City Attorney read a list of "Nature and Require-
ments of Planning Commission Report" (which shall b
part of the motion to rezone the area).
"(a) Whether the proposed change is contrary to the
established land use pattern; (b) would create an
isolated district unrelated to adjacent and nearby
districts; (c) would materially alter the populatio
density pattern and thereby increase or overtax the
load on public faci1ities such as school, utilities.
street, etc.; (d) existing district boundary are it
logically drawn in relation to existing conditions
on the property (continued on next page)
ti
October ? f 1``89
Page right
3. Consider Petition 275-R for rezoning property lying
East of Okeechobee Estates from Holding to Residential
Single Family - City/County Planning Commission recom-
mended approval (Exhibit 3).
COUNCIU E-MERS/AC fJ(AN
proposed for cnange; (e) would ne contrary to the
Iroposed land use plan and would have an adverse of
feet on the Comprehensive Plan; (f) make the passag,
of the proposed amendment necessary; (g) will ad-
vereiy influence living conditions in the neighbor-
hood; (h) will create or excessively increase traf-
fic congestion or otherwise affect public safety;
(i) will create a drainage problem; (j) will seri-
ously reduce light and air to adjacent areas; (k)
will adversely affect property values in the adja-
cent area; (1) will be a deterrent to the improve-
ment or development of adjacent property in accord
with existing regulation; (m) will constitute a
grant of special privilege to an individual owner a
contrasted with the public welfare; (n) there are
substantial reasons why the property cannot be used
in accord with existing zoning; (o) suggested is oul
or scale with the needs of the neighborhood or the
County; (p) it is impossible to find other adequate
sites in the County for the proposed use in dis-
tricts already permitting such use."
Chapman
Collins
Kirk
Thomas
Watford
-lotion Carried.
Motion by Councilman Kirk, seconded by Councilman
Thomas.
Councilman Watford
ate all objections
discussion period.
Chapman
Collins
Kirk
Thomas
Wa ford
Motion Carried.
stated he wished to re-incorpor-
as stated during the annexation
7(T t, ABSEPTI'
Y ES I 1`.o
X
X
X
X
X
X
X
X
X
g
X
^T nCF Dt1AT,T/' TJrI717)TTTr°
.�_ober 3, 1989
Page Nine
A
BUSINESS
. Motion to appoint Mike 'Wyatt Crowe as a new water
treatment plant operator - Director of Public Utilities
2. Motion to appoint Wade Richardson as a regular
firefighter - Fire Chief.
3. Motion to appoint Elaine Kunz as a regular executive
secretary - City Administrator
4. Hear from Mr. Rucker Wilcox concerning water and
sewer connection fees — Mr. Rucker Wilcox (Exhibit 4).
COUNCI I_MC2,1BERS /ACTION
YES 1 NO
Motion Dy Councilman Watford, seconded by Councilma
Kirk.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
Motion by Councilman Collins, seconded by Counci
Thomas.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
Motion by Councilman Thomas, seconded by Councilman
Watford.
Chapman
X
Collins
X
Kirk
X
Thomas
X
Watford
X
Motion Carried.
Mr. Wilcox had to go out of town, Councilman Collin
spoke in h.iz behalf. After lengthy discussion on
the matter of charging developers who have been is-
sued building permits before November 1, 1989 the
new rates or the old rates, (continued on next page
ABSEN'i
BE
Ji:l oDnr `" i � 3`3
Page Ten
5. Hear from Reverend Belleville concerning sewer al-
location - Reverend Belleville (Exhibit 5).
Councilman Thomas made a Notion that anyone buying
permit before ' ove-,nber 1, shall pay the old rates,
if a permit :is bought after 111ovember 1 they pay the
new rates, following the time limit on the permit.
After discussion Councilman Thomas withdrew his mo-
tion.
Councilman Collins then made a motion that the City
on any application, as of today, give the person an
option to pay prior to November 1, the old rates or
pay the new rates if raying after November 1, but
any permit that was pulled prior to the adoption of
the new rates that developer will pay the rates tha
were stated to him/her. Second by Councilman Thoma
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Moseley Collins (engineer), requested allocation to
cover 4,000 gallons on Sunday, and 1,000 gallons
per day during the weekdays. Mr. Moseley Collins
made the recommendation that they hook up to the j
lift station and stated it will be 6 months away
from needing the allocation. Director of Public
Utilities stated there was no capacity at this time.
Councilman Thomas expressed "I know there has to be -
enough water allocation left, either in the trailer
parks or somewhere just sitting there and I don't
like the idea of it just sitting there I want it
(the allocation) to be used". City Attorney stated
he wants to see the list and all the allocations an
determined whether or not there are allocations that
are not being used and see .,hat could be done legal-
ly to have them returned to the City if they were
not going to be used.
VOTE I; ABSENT
YEST NO
X
X
X
X
X
s
October 3, 1989
Page Eleven
0 'NCI II fr �fl3ERS /ACFION
VOTE
ABSEN
YES
NO
Councilman Thomas made a motion to grant the alloca-
tion with the understanding that if it was not used
in 6 months to would re-vert back to the City.
Councilman Thomas withdrew his motion.
Discussion ensued, Councilman Collins stated "come
back in two weeks and by then the Attorney will
have had time to research the allocation list and
we can make a determination. Council, Moseley
Collins, and Reverend Belleville agreed.
6. Motion to approve partial pay request to A.O.B.
Motion by Councilman Watford, seconded by Councilman
Underground, Inc. for $23,469.75 - Director of Public
Kirk, and adding to the motion to be noted that the
Utilities (Exhibit 6).
Council holds the engineer who signed this (pay re-
quest) 100% responsible.
Chapman
Collins
X
X
.-
ea
Kirk
X
Thomas
X.
Watford
X
Motion Carried.
7. Motion to award a $34,860 bulk Hydrogen Peroxide
Motion by Councilman Watford, seconded by Councilman
contract to Peroxidation System, Inc. of Orlando, FL -
Kirk.
Director of Public Utilities (Exhibit 7).
ix
Chapman
X
Collins
Kirk
X
Thomas
X
Watford
X
Motion Carried.
8. Hear a request from the Okeechobee County School
Council asked the Scb~:o Board to come back with
Board to extend the waterline - Attorntey Conley
their request at the _:el-. Council meeting, in order
(Exhibit 8)
to give the City time to hire an engineer to inspect
the plans for the waterline extension and give a
professional opinion. (continued on next page)
f
October 3, 1-989
Page Twelve
4
9. Update of items of interest to the City by County
Commissioner Jack Williamson.
COUNCIL REPORTS/REQUESTS:
Councilman Collins:
Councilman Thomas:
Councilman Watford:
COUNCZI_?I�TB ERS /ACPf
Motion by Councilman Watford to instruct the Uirecto
Public Utilities and City Administrator to retain an
engineer to review the plans and make a recommend-
ation to the Council for the waterline extension for
the new school, by the next meeting. Second by
Councilman Thomas.
The School Board representatives also agreed to wai
two weeks on their request for a 15,000 gallon per
day sewer allocation. The School Board Attorney
Conley asked whether they needed to do anything els
and if the City's engineer would contact them.
The City Administrator informed him the City will
contact the School Board.
Chapman
Collins
Kirk
Thomas
Watford
Motion Carried.
Commissioner Williamson gave a brief update of the
of the progress of the Community Park at address.
informed the Council that a silt screen had been
placed at Lock Seven, (Lake Okeechobee).
Not at this time.
Not at this time.
Not at this time.
YES 1 NO
X
X
X
X
X
s
.ABSEN'I'
:)ctober 3, 1989
Page Thirtee
4
Councilman Kirk:
Mayor Chapman:
COUNCIIMEMI3ERS /ACTION
G'OT�
ABSENT'
Y!1S NO
I requested a list of figures on the retirement plan
is there work being done on it? City Administrator s
stated he had the figures and was meeting with th(e
City Attorney and would then submit it to the Council..
Instructed the City Attorney to answer Mr. Bechler's
letter regarding handicapped access to street curbin .
H. ADJOURNMENT Mayor adjourned the meeting at 5:30 P.M.
a
i.10TICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO
VEAL ANY DECISION MADE AT"THIS MEETING OF THE CITY COUNCIL,
CH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE
JCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS BASED.
.. � �-
OAKLAND R. CHAPMAN, MAYOR
ATTEST:
BONNIE S. THOMAS, CMC `
rTTY CLERKr -
s