1985-08-20 Regular Meeting3785
REGULAR MEETING
TUESDAY, 8-20-85
The City Council of the City of Okeechobee met in regular session in
Council Chambers, Southeast Third Avenue, Okeechobee, Florida at 2:00 P.M.
with the following Councilmembers present:
Mayor Chapman called the meeting to order with the following Councilmen
present:
Mayor Oakland R. Chapman
Vice Mayor Andy Rubin
Councilman Edward W. Douglas
Councilman Oscar Thomas
Councilman Nick Collins
Others present were:
L.C. Fortner, Jr., Administrative Assistant
Bonnie S. Thomas, City Clerk
Jerry Bryant, City Attorney
Larry Mobley, Police Chief
Keith Tomey, Fire Chief
Chuck Elders, Street Superintendent
Steve Figley, Assistant Director of Public Utilities
Lydia J. Wilkerson, Deputy Clerk
The Invocation was offered by Mayor Chapman, followed by the Pledge of
Allegiance.
AGENDA ITEM #IV - WALTER B. TAYLOR, COUNTY ZONING ADMINISTRATOR, TO PRESENT
THE FOLLOWING REZONING•
1. REZONING EQUEST• • JIM BAUGHMAN• REZONE
VARIANCE.PROPERTY FROM HOLDING TO RESIDENTIAL MOBILE HOME WITH A SPECIAL EXCEPTION AND
Mr. Jim Baughman addressed Council requesting their approval for the
described property to be rezoned from Holding to Residential Mobile Home. He
explained that the Planning Commission did not approve the variance request
due to the fact that the law states a Mobile Home Subdivision must have 15
acres, and Mr.Baughman only had 7 acres, therefore, they could only have a
Mobile Home Park on this property. He explained that the park would have
paved streets, street lights, and a buffer zone between the Mobile Home Park
and the Commercial property.
After further discussion, Councilman Thomas made a motion to approve the
rezoning request. Councilman Douglas seconded the motion. Motion carried.
Council discussed the possibility of amending the 402 ordinance by
reducing the required number of acres for a Mobile Home Subdivision.
Attorney Bryant stated the motion should include that the City was
considering the possibility of amending the ordinance at this time and that
the Council would agree to the park becoming a Mobile Home Subdivision once
the ordinance was amended. Mr. Baughman thanked the Council for their
decision. There was no further discussion by Council.
85-32 2. Rezoning request by Madray Enterprises to rezone lots 3 10. Block 9
from Holding to Residential General - 2 in order to build a 32 unit, three
story apartment building with special exception.
Mr. Jack Hanes, Vice President of Madray Enterprises, addressed Council
requesting their approval on the rezoning of lots 3-10 of Block 9 from Holding
to Residential General 2, for the construction of a 32 unit, three story
apartment building.
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Councilman Rubin asked Mr. Hanes if the City Fire Chief had approved the
building plans. Mr. Hanes stated that the Fire Chief had not seen the plans
as of this date, but they would present them to him.
After further discussion, Councilman Rubin made a motion to approve the
rezoning request as recommended by the Planning Commission. Councilman
Douglas seconded the motion. Motion carried.
AGENDA ITEM #VI - CONSIDERATION OF A REQUEST, TO BE PRESENTED BY MR, HENRY
KELLY ON BEHALF OF THE CHAMBER OF COMMERCE, TO MOVE THE CHURCH DIRECTORY SIGN
FROM THE EAST TO THE WEST SIDE OF ROUTE 441,
Administrative Assistant Fortner explained the Chamber of Commerce has
requested the church directory be moved from the east to the west side of
Route 441. Councilman Rubin stated that Col. Hamrick dedicated the front half
of the block to the American Legion for the veterans. Mr. Kelly requested
Councilas approval for the directory being relocated pending the approval from
the American Legion. Councilman Collins made a motion to approve the
relocation of the church directory pending the approval from the American
Legion. Councilmen Thomas and Rubin seconded the motion. Motion carried.
Council requested Administrative Assistant Fortner assist in the
relocation of the church directory if approved by the American Legion.
Councilman Collins stated that he would agree with the children being
required to use seatbelts, but he disagreed with the adults being forced to
use them.
Councilmen Thomas and Douglas agreed with Councilman's Collins feelings
concerning the mandatory seatbelt law. Councilman Rubin stated that he felt
the City should uphold the law. Mayor Chapman stated that he would have to
agree with Councilmen Collins, Thomas and Douglas.
Mayor Chapman asked Administrative Assistant Fortner to write a letter in
response, stating each individual Councilman's feeling concerning the
mandatory seatbelt law.
AGENDA ITEM #IX - ACTION BY THE COUNCIL TO AWARD THE BID FOR INSTALLATION OF N
10 INCH FORCE MAIN ALONG SOUTHWEST THIRD AVENUE.
Administrative Assistant Fortner stated the City received two bids
concerning the installation of a 10 inch force main along southwest third
avenue. Rock -A -Way in the amount of $51,549.60 and LaGrow Irrigation in the
amount of $54,667. Councilman Thomas made a motion to accept the low bid from
Rock -A -Way in the amount of $51,549.60. Councilman Rubin seconded the motion.
Motion carried.
AGENDA ITEM #X - ACTION BY THE COUNCIL ON TWO APPOINTMENTS TO THE CODE
ENFORCEMENT BOARD FOR THREE YEAR TERMS.
Administrative Assistant stated that Robert Ridley's and John Palmore's
terms expired in April, and that the Council could have these members
re -appointed for a three year term if they wished.
Councilman Collins made a motion to re -appoint Robert Ridley and John
Palmore to the Code Enforcement Board for a three year term providing they
agreed. Councilman Thomas seconded the motion. Motion carried.
AGENDA ITEM #XI - DISCUSSION BY THE COUNCIL: • FOUR
BEING CONSIDERED BY THE U.S. POSTAL SERVICE AS POSSIBLE LOCATIONS FOR A NEW,
_ POST OFFICE
Director Fortner informed the Council of the four proposed building sites
being considered by the Postal Service for the construction of the new Post
Office as follows:
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sit-P No. 1 is located on the south side of State Road 70 (Northeast Park
Street) in the southeastern quadrant of the State Road 70 and Southeast loth
Avenue intersection.
Site No. 2 is located on the north side of State Road 70, just northwest of
the southeast loth Avenue and State Road 70 intersection. This site is
located immediately northwest of Site No. 1 and is east of Taylor Creek.
Site No. 3 is located in the southwestern quadrant of the intersection of
Southeast 2nd Street and Southeast 5th Avenue (2 entire City blocks)
Site No..A is located south of the Seaboard Coastline Railroad and north of
the current terminal of Northwest 5th and 6th Avenues (2 City blocks).
Council discussed the proposed sites agreeing that Site No. 4 would be
the best site of the four. The Council's second choice was Site No. 1.
Administrative Assistant Fortner was requested by the Council to respond
to the Postal's Service request, informing them of the Councils feelings on
the proposed building sites.
Councilman Douglas made a motion that the ordinance be read by title
only. Councilman Collins seconded the motion. Motion carried.
Attorney Bryant read the title as follows:
AN ORDINANCE AMENDING CHAPTER 3, SECTION 3-3 OF THE CODE OF \ �`
ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA, WHICH SECTION
RESTRICTS THE LOCATION OF BUSINESSES ENGAGED IN THE SALE OF
ALCOHOLIC BEVERAGES; ADDING CHILD CARE CENTERS TO THE PROTECTED
ACTIVITIES; PROVIDING METHOD OF MEASURING THE REQUIRED DISTANCE;
PROVIDING THAT APPLICATION FOR OCCUPATIONAL LICENSE FOR BUSINESS
FOR THE SALE OF ALCOHOLIC BEVERAGES SHALL INCLUDE CERTIFICATE AND
DRAWING BY CERTIFIED LAND SURVEYOR SHOWING DISTANCE OF PROPOSED
BUSINESS FROM NEAREST CHURCH, SCHOOL OR CHILD CARE CENTER;
PROVIDING THAT AMENDMENT SHALL NOT APPLY TO EXISTING BUSINESSES
PREVIOUSLY ISSUED SUCH AN OCCUPATIONAL LICENSE NOR TO THOSE
APPLICATIONS FOR SUCH LICENSE PENDING AT THE EFFECTIVE DATE;
PROVIDING AN EFFECTIVE DATE.
Councilman Douglas made a motion that the ordinance be adopted.
Councilman Thomas seconded the motion. notion carried.
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Administrative Assistant Fortner explained to the Council that this was
not a public hearing on the water and sewer rate increase. The first reading
of the ordinance could be read today, and set for second and final public
hearing at the next regular meeting.
Councilman Thomas made a motion to set the ordinance on the water and
sewer rate increase for second and final public hearing. Councilman Douglas
seconded the motion. Mayor Chapman asked for a vote on the motion.
Councilmen Thomas, Douglas and Collins voted in favor of the motion.
Councilman.Rubin voted against the motion. Motion carried.
Councilman Collins made a motion to authorize the study by Loren
Hunsberger on the connection fees and system capacity charges (total amount
not to exceed $8,000). Councilman Thomas seconded the motion. Mayor Chapman
asked for a vote on the motion. Councilmen Collins, Thomas and Douglas voted
�� for the motion. Councilman Rubin voted against the motion. Motion carried.
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Councilman Thomas made a motion that the
only. Councilman Douglas seconded the motion.
Attorney Bryant read the titles as follows:
ordinances be read by title
Motion carried.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
OKEECHOBEE, FLORIDA; AMENDING CHAPTER 2 PERTAINING CONSOLIDATED
BILLING FOR CITY SERVICES; AMENDING SECTION 2-65 WHICH PROVIDES
, FOR DISCONTINUANCE OF CITY SERVICES FOR NON-PAYMENT OF BILL;
AMENDING SECTION 2-66 WHICH PROVIDES FOR A CHARGE FOR RECONNECTION
OF WATER SERVICE AFTER DISCONNECTION FOR DELINQUENCY; PROVIDING
FOR SERVICE CHARGE FOR BAD CHECKS RECEIVED FOR PAYMENT OF CITY
SERVICES; PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE AMENDING THE CITY OF OKEECHOBEE, FLORIDA, CODE OF
ORDINANCES; AMENDING CHAPTER 18 PERTAINING TO WATER, SEWERS, AND
SEWAGE DISPOSAL; AMENDING SECTION 18-22 WHICH PROVIDES FOR MONTHLY
RATES AND CHARGES FOR WATER SERVICE; PROVIDING FOR A MONTHLY
SERVICE AVAILABILITY CHARGE FOR WATER SERVICE; AMENDING WATER CONSUMPTION
RATES; ADDING PROVISION FOR CHARGES TO MASTER METERED CUSTOMERS; ADDING
+' PROVISION FOR CHARGES FOR SPECIFIC MISCELLANEOUS SERVICES REGARDING WATER
AND SEWER SERVICES; PROVIDING FOR PENALTY FOR ILLEGAL USE OF WATER
j SERVICE AMD DAMAGE TO UTILITY PROPERTY AND METERS; AMENDING SECTION 18-48
WHICH PROVIDES FOR SANITARY SEWER CONNECTION FEES AND INSPECTION FEES;
PROVIDING FOR MONTHLY SEWER SERVICE AVAILABILITY CHARGES; AMENDING SEWER
t. USE FEES BASED UPON VOLUME OF WATER CONSUMED; ADDING PROVISION FOR
CHARGES TO MASTER METERED CUSTOMERS; AMENDING SECTION 18-31 WHICH
PROVIDES FOR WATER DELIVERED THROUGH FIRE HYDRANTS ON TEMPORARY BASIS;
AMENDING RATES CHARGED FOR WATER DELIVERED THROUGH FIRE HYDRANTS;
PROVIDING FOR PENALTY FOR UNAUTHORIZED TAKING OF WATER FROM FIRE
HYDRANTS; REPEALING SECTION 18-29 WHICH PROVIDES FOR TEMPORARY
DISCONNECTION FROM WATER SYSTEM; PROVIDING FOR AN EFFECTIVE DATE.
Councilman Douglas made a motion to set
final public hearing on September 3rd, 1985.
motion. Mayor Chapman asked for a vote on
Collins and Thomas were in favor of the
against the motion. Motion carried.
The meeting recessed at 3:40 P.M.
MEETING CONVENED
The meeting convened at 3:55 P.M.
the two ordinances for second and
Councilman Collins seconded the
the motion. Councilmen Douglas,
motion. Councilman Rubin voted
85-21 AGENDA ITEM #XII - ACTION BY THE COUNCIL TO APPROVE A PARTIAL PAY REQUEST FROM
WIDELL ASSOCIATES, INC., THE CONTRACTOR FOR THE NEW WASTEWATER TREATMENT
PLANT, CONSIDERATION OF A PARTIAL PAY REQUEST FROM TADDIE UNDERGROUND UTILITY
CO., TENTATIVELY SCHEDULED,
A, Administrative Assistant Fortner requested that the Council approve
partial pay estimate #9 for Widell and Associates in the amount of $229,440.54
pending Farmers Home approval.
6. After discussion Councilman Collins made a motion to approve the partial
pay estimate in the amount of $229,440.54 for Widell and Associates.
Councilman Douglas seconded the motion. Motion carried.
Discussion ensued concerning the job performance by Taddie Construction.
Councilman Rubin stated he felt the City should begin with holding 20% from
Taddie instead of 10% due to their poor job performance.
Councilman Collins suggested that letters be sent to all people
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concerned for their help in the recent homicide. Mayor Chapman requested the
Council send a letter, also, with each member's signature.
Councilman Collinscommended the Police Chief and his employees for the
completeion of the homicide case.
Councilman Thomas made a motion that the City pay $lr500. to have Fire
Engine #1 repaired. Councilman Rubin seconded the motion for discussion.
Councilman Rubin asked Fire Chief Tomey if he had part of the $1,500. in his
budget. Chief Tomey stated that he might have part of it at the end of the
year. Councilman Thomas said the funds could be located in the budget if the
Chief did not have them in his budget. Motion carried.
Councilman Thomas made a motion that the Council approve the payment of
the expenses for the seminar that the Attorney and Administrative Assistant
were planning to attend. Councilman Douglas seconded the motion. Motion carried.
Clerk Thomas presented the Warrant Registers for Council's approval.
Administrative Assistant Fortner explained to the Council Dr. Bartlett's
opinion concerning the side yard set -back requirements as outlined in the City
ordinance. The ordinance says none or 8 feet. Mr. Bartlett said that most of
the ordinances that he has worked on has the same language, and it was
intended to help the Fire Departments on interior lots in case of fire. The
Council could amend the ordinance if they wished to change the language to
make the set -back requirements clearer.
After discussion, Councilman Collins made a motion that the City write a
letter requesting the Planning Board re -word the zoning ordinance concerning
the side yard set back requirements. Councilman Thomas seconded the motion.
Motion carried.
Council requested Attorney Bryant and Administrative Assistant Fortner
work on the ordinance amendment.
Mayor Cha an asked Administrative Assistant Fortner to write a letter to
the Department of Transportation requesting they consider installing a left
turn signal on the traffic signal at the intersection of 98 and 70. The left
turn signal would help the traffic flow considerably in this area.
Administrative Assistant Fortner to write the requested letter.
Mayor Cha man asked that a letter be given to those employees of the City
Police Department and those employees of the local Sheriff's Department who
were involved in the recent homicide investigation.
Mayor Chapman commended the City Clerk's office for a job well done
during the two weeks while Clerk Thomas was on vacation.
Mayor Chapman commented on the recent article in the Okeechobee News in
which School Superintendent Danny Mullins made the comment that "The City of
Okeechobee has seven different vehicles taken home by employees and it would
be nice that you ask if the City would try to reduce the number of vehicles
going home to two or three". The only vehicles that go home with the
employees, are those employees that are on 24 hour call.
Councilman Rubin stated that he received a letter from Buck Johnson
concerning the Comprehensive Planning Act, stating a more detailed anaylsis
could be received upon request.
Councilman Rubin stated that the Council should attend the County
Commissioner's meeting Thursday, concerning amending the ordinance on gas tax
from 19 cents to 16 cents.
Councilman Rubin stated that Dr. Kravitz would like to pay for the
shelling of the alley behind the Doctor's Clinic. Councilmembers stated that
they could see no problem, and therefor agreed to the request.
Councilman Dough made a motion to approve the Warrant Registers in the
amounts of:
General Fund Water and Sewer
$14,433.15 $17,006.02
$26,824.24
Councilman Rubin seconded the motion. Motion.carried.
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C buncilman Rubin requested the Council have one more workshop meeting before
the first budget hearing. Council agreed and set a workshop meeting
held on September 3rd, 1985 following the regularly scheduled Council meeting. —,
AGENDA ITEM #XV - ADJOURNMENT
There being no further business to discuss the meeting was adjourned at
4:45 P.M.
ATTEST:
ANNIES. THOMAS, CITY CLERK
1
OAKLAND R. CHAPMAN, AYOR