1986-05-20 Regular Meeting 3907
REGULAR MEETING TUESDAY~ MAY 20. 1986
The City Council of the City of Okeechobee met in regular session
in Council Chambers, 55 S.E. 3rd Avenue, Okeechobee, Florida.
The meeting was called to order by the Chairman at 2500 P.M.
AGENDA ITEMS ~II & #III - PRAYER AND PLEDGE OF ALLEGIANC~
The Prayer was offered by Reverend C.R. Kilgore, Pastor of the
Okeechobee Church of God, followed by the Pledge of Allegiance.
The following members were recorded present:
Mayor Oakland R. Chapman
Councilman Andy Rubin
Councilman Edward Douglas
Councilman Nick Collins
Councilman Oscar Thomas
Others present were:
Bonnie S. Thomas, City Clerk
Milton Davis, Administrative Assistant
Jerry Bryant, City Attorney
L.C. Fortner, Jr., Public Utilitites Director
Larry Mobley, Police Chief
Keith Tomey, Fire Chief
Chuck Elders, Director of Public Works
Lydia Jean Wilkerson, Deputy Clerk
Sylvia Firestine, Adm. Secretary
AGENDA ITEM #IV - APPEARANCES:
86-23 a) Mr. Jim Broome with a report on the wastewater collection
system M & M Contracting Co.. Inc. and Taddie Underground Utilitv Co.
Director Fortner stated the 10 day Termination NotiCe was hand
delivered to Taddie on May 8. He stated he and the Mayor met in a
meeting Friday at 3:00 P.M. with Taddie. The contractor stated they
wanted to continue working on the project. Attorney Bull said there
would be no problem with the Mayor extending the contract until the
Council was able to meet in a meeting concerning the extension of the
contract.
Louis Scianni, representing Taddie Underground Utilities Company
and M & M Construction Company, stated "We realize we are late but we
are deligently working to correct the difficulties. We are making a
sincere effort and want to give you a workable system. We wish to thank
the Council if you decide to give us the extra time".
Jim Broome stated Taddie Underground Utilities Company and M & M
Construction Company's representative gave him a set of "as built"
surveys on 10 different lines they wanted to correct. Mr. Broome read
the letter from M & M Contracting Co., Inc. and Taddie Underground
Utility Co. as follows:
Dear Mayor Chapman:
Taddie Underground Utility Company, Inc., and M&M Contracting of
Florida, Inc. respectfully request that the City of Okeechobee consider
the followings
1) That the City consider an extension of the Notice of termination and
permit the contract to make minor changes in parts of the sewer system
in order to remedy the latent defects within sections of the sewer
system.
2) That the sewer system was substantially complete in October of 1985
and was inspected throughout the course of the project by
representatives of the City.
Subsequent, latent, and mior deviations from the plans were discovered
and noted during the as-built survey which was completed in April 1986
and submitted in it's complete form to the City's Engineer in April
1986.
3908
HAY 2 0 1986
3) That the contractor was unaware of these latent and minor deviations
or to there exact extent and exact location of these deviations before
the completion of the as-built surveys.
4) The contractor wishes to maintain an open ongoing and continuous
communication with the City to permit the contractor to remedy the minor
defects in the substantially complete sewer system so that the City can
accept 100% of their sewer system.
We have authorized Lee County Engineering, Inc. to prepare detailed shop
drawings covering the steps necessary to bring the construction work
into substantial compliance with the plans and specifications. We are
enclosing one copy of the shop drawings along with their reports
covering the Remedial work and the procedures for performing the
Remedial work. Copies of the Preliminary shop drawings and report were
given to the Sewer System Engineer on May 14, 1986.
We propose to immediately remedy these deficiencies and have begun the
correction procedures necessary to accomplish this on Monday, May 12,
1986. We therefore request that the City consider the amendment of its
Notice of Default and Termination to allow us sufficient time to
complete the Remedial work and to allow for proper testing, inspection
and measurement of the corrected sewer mains.
Very truly yours,
M & M Contracting
LOUIS SCIANNI
Engineer Broome commented on the letter stating they did not feel
the system was substantially completed in 1985. A number of items must
be corrected before the system can be used. This has been going on
since November and they have had ample time to correct the problems, and
the problems will continue if the City continues with this contract.
Engineer Broome then recommended denial of any contract extension.
Councilman Rubin stated, "I cannot go along with extending this
contract. Taddie has damaged 17 streets that were black topped. I'm
for knocking this thing down".
Mayor Chapman asked Engineer Broome if they were recommending
denial of the contrat extension. Engineer Broome stated yes they were
recommending denial of the contract extension.
Mr. Louis Scianni responded by stating they realized there were
problems, but they wished to correct these problems expeditiously. They
want to stay here in Okeechobee City and complete the job.
Councilman Thomas stated, "I agree with Councilman Rubin that it's
the worst contract job I have ever seen. Are you saying you want to do
what the City needs and what they require? Are you now organized to
where you can complete the contract? The City is not going to settle
for anything less than satisfactory."
Councilman Thomas then asked Engineer Broome if there had been any
change in the job performance since M & M took the job over, and if he
felt that it was in the best interest for the City to go through a law
suit, and if there was a work schedule for the contractors to go by.
Mr. Scianni stated, "Yes, we have a time schedule. It falls in
pattern with a punch list. I will try to stick with the schedule. '
Litigation is the last thing Mr. Swabbie of M & M wants."
Councilman Thomas asked, "What date do you anticipate the job to be
finished?"
Mr. Scianni answered, "18 working days or one month."
Councilman Thomas, "I don't understand - how many days?"
Mr. Scianni and Mr. Teeter (of Lee County Engineering Services)
"18
stated, days, maybe a little more in order to have the system ready
to turn over for operation by the City".
Councilman Collins, "About 6 or 8 months ago, you were at a meeting --~-
in January, why didn't you come forward sooner to request an extension?"
Mr. Teeter, "We've done a tremendous amount of engineering surveys.
I'm sorry, the "meeting of the minds" took so long discussing the scope
of work problems."
Councilman Collins, "Nothing has happened since January."
3909
Mr. Scianni, "It did take this long to get an accurate picture of
the project. I realize the delay, but we needed the time. Now we are
prepared to correct this project. We want to finalize it for the City
of Okeechobee. Basically the people of Okeechobee have been pleasant.
We want to give them a working system."
Attorney Bryant, "What specifically do you intend to do?"
Mr. Teeter, "We intend to do precise levelings on all lines, we
have 10 different sketches. We are now doing more detailed drawings.
We have detailed and tabulated lines."
Attorney Bryant, "Are you up to 10 or 11,000 feet? Attorney Bull
indicated the City could stop or go ahead either one. M & M agreed to
give Mr. Broome a weekly schedule of work to be done and require City be
allowed to direct when the work will be done. The contractor should not
cover up an area of work before Broome has a chance to look at it."
Councilman Thomas, "If they don't perform like we want them to, can
we terminate them?"
Attorney Bryant, "Yes' that will be in the agreement."
Councilman Thomas, "18 days is not the point, it could be 25 days,
but it better be right. I'll really be watching you because I'm afraid
of you now.
And, don't request any money right away."
Mr. Scianni, "No, we won't request any money."
Mayor Chapman, "If the City goes ahead with this contract but then
stops, what then?"
Attorney Bryant, "The Bonding company will find a contractor to
complete the job".
Councilman Douglas, "Mr. Broome, do you think these people and Mr.
Teeter of Lee County can come in here and do a good job now?" Engineer Broome, "Yes".
Mr. Teeter, "Although there have been mistakes in the past, most of
these mistakes can't be decerned with the human eye".
Councilman Collins, "Why can you find the mistakes now, but not
then?"
Mr. Scianni, "Because I wasn't the head man then."
Councilman Rubin, "I make a motion to deny everything from Taddie
at this time."
Attorney Bryant asked if the motion was meant to be a Motion to let
Taddie go completely. Councilman Rubin* confirmed it was.
Councilman Thomas seconded the motion for discussion.
Councilman Thomas asked if we could drop the name Taddie and use M
& M Contracting only. Attorney Bryant said no because the contract was
given to
Taddie Underground Utilities Company and M & M Construction Company, a
joint venture.
Councilman Thomas withdrew his second.
Mayor Chapman asked if there was a second to the motion. There
being no second the motion died.
Councilman Collins asked Public Utilities Director Fortner to
explain his feelings concerning the extension request.
Director Fortner explained the contractors have had ample time to
correct the various problems, and based on their past performance, he
felt the request for extension should be denied.
Mayor Chapman asked if there was a motion to deny the request for
extension terminating Taddie's contract.
Councilman Rubin made a motion that the City terminate Taddie's
contract.
Councilman Douglas seconded the motion.
Mayor Chapman asked for a vote on the motion.
Rubin
Douglas
Collins
Thomas
Nays
None
Motion carried.
3910
b) Mr. Dick Ward ~Q discuss thC all~¥ i~ Block 67.
Mr. Ward explained the request to the Council, stating he would
like to file the proper application with the Council if they did not
have any objections to the request. Following discussion, Council
agreed to process the application for the alley closing in Block 67.
MEETING RECESSED AT 3:55 P.M.
MEETING RECONVENED AT 4:10 P.M.
86-6 AGENDA ITEM {XII - PUBLIC HEARING AND FINAL RULING ON REZONINQ
APPLICATION NO. 115 R, WITH SPECIAL EXCEPTIQN. PROPERTY OWNER:
PROJECT 20, INC.
Council discussed the request for rezoning. There being no
objections to the request, Councilman Thomas made a motion to uphold the
City/County Planning and Zoning Board's recommendation to have the
property rezoned.
Councilman Rubin seconded the motion.
Mayor Chapman asked for a vote on the motion.
Rubin
Douglas
Collins
Thomas
None
Motion carried.
AGENDA ITEM #XIII - PUBLIC HEARING AND FINAL RULING QN REZONIN~
APPLICATION NO. l16-R. PROPERTY OWNER: PROJECT 20, INC.
No action was taken by the Council on this rezoning request.
c) Mr. Jim Bau~hman for final plat appr.oval of River Run Mobile HQm¢
Following discussion,Attorney Bryant questioned whether or not the
plat 'had been approved by the water/sewer department, fire department,
street department, and police department. Director Fortner stated that
he did not have any problems with the water/sewer lines. Fire Chief
Tomey stated that everything was satisfactory with him.
Councilman Douglas made a motion to approve the final plat
approval. Councilmen Thomas and Rubin seconded the motion.
Attorney Bryant asked if this was the final approval for the Mobile
Home subdivision. Mr. Baughman answered yes, everything else had been
completed except for final plat approval.
Attorney Bryant asked if the property was 15 acres. Mr. Baughman
answered no, but this was only the first phase of the contract.
Attorney Bryant stated that he would like to have the opportunity
to check out the plat, because he was not totally satisfied with the
request. Councilman Douglas withdrew his motion. Councilmen Thomas and
Rubin withdrew their second.
(Attorney Bryant to research the request and report to Council as
soon as possible)
AGENDA ITEM #V - COUNCIL DISCUSSION AND ACTION RELATIVE TO TWO ALLEY
CLOSING APPLICATIONS:
Application No. 4, Mr. Steve Porter - Block 34, First Addition to
South Okeechobee.
Mayor Chapman stated Mr. Porter has requested the request be
postponed until the next meeting.
3911
PlAY
86-5 Application No. 5, Mr. Sved Abdullah - Block 3, Northwest Section.
Councilman Collins made a motion to have the attorney draft the
necessary ordinance for the alley closing.
Councilman Thomas seconded the motion.
Mayor Chapman asked for a vote on the motion.
- Douglas
Collins
Thomas
Nays
Ru~in
Motion carried.
AGENDA ITEM #VI - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE
86-24 CLOSING THE ALLEY IN BLOCKS 112 AND 113; PROVIDING CONDITIONS FOR THE
CLOSING IN BLOCK 113: PROVIDING AN EFFECTIVE DATE
Councilman Douglas made a motion to have the ordinance read by
title only. Councilman Collins seconded the motion.
Mayor Chapman asked for a vote on the motion.
Douglas
Collins
Thomas
Rubin
Nays
None
Motion carried.
Attorney Bryant read the ordinance title as follows:
AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY
LOCTED IN BLOCK 112 AND 113, CITY OF OKEECHOBEE; PROVIDING CONDITIONS
FOR THE CLOSING, VACATING AND ABANDONMENT OF THE ALLEY OR ALLEYWAY
LOCATED IN BLOCK 113, CITY OF OKEECHOBEE PROVIDING AN EFFECTIVE DATE.
Councilman Collins made a motion to adopt the ordinance as read by
Attorney Bryant. Councilman Thomas seconded the motion. Attorney
Bryant stated the ordinance should include the conditions concerning the
easement. Councilman Collins withdrew his motion. Councilman Thomas
withdrew his second.
Councilman Collins made a motion to adopt the ordinance contingent
upon Mr. Watford signing the easement agreement. Councilman Thomas
seconded the motion.
Mayor Chapman asked for a vote on the motion.
Douglas
Collins
Thomas
Rubin
None
Motion carried.
86-25 AGENDA ITEM #VII - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE
AMENDING CHAPTER 3. SECTION 3-3 OF THE ORDINANCE CODE OF THE CITy OF
Councilman Douglas made a motion for the ordinance to be read by
title only. Councilman Rubin seconded the motion.
3912
Mayor Chapman asked for a vote on the motion. --~
Yeas
Douglas
Collins
Thomas
Rubin
Nays
None
Motion carried.
Mayor Chapman read the ordinance 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; PROVIDING FOR
EXEMPTION FROM THE REQUIREMENTS OF SECTION 3-3 FOR THOSE ESTABLISHMENTS
SELLING WINE FOR CONSUMPTION OFF PREMISES ONLY; PROVIDING FOR EXEMPTION
FROM THE REQUIREMENTS OF SECTION 3-3 FOR THOSE ESTABLISHMENTS OPERATING
UNDER A VALID CITY OCCUPATIONAL LICENSE FOR OPERATION OF A RESTAURANT
AND WHICH SELL MALT BEVERAGES AND WINE FOR CONSUMPTION ON THE PREMISES
ONLY; PROVIDING AN EFFECTIVE DATE.
Councilman Rubin made a motion to adopt the ordinance. Councilman
Collins seconded the motion.
Mayor Chapman asked for a vote on the motion.
Yeas
Douglas
Collins
Thomas
Rubin
Nays
None
Motion carried.
86-16 AGENDA ITEM #VIII - COUNCIL DISCUSSION RELATIVE TO DEPOSITS REOUIRED FOR
WATER SERVICE
Councilman Collins made a motion to remove the discussion relative
to deposits for water service from the table. Councilman Douglas
seconded the motion.
Mayor Chapman asked for a vote on the motion.
Yeas
Douglas
Collins.
Thomas
Rubin
Nays
None
Motion carried. '
Councilman Collins stated there were questions concerning the
notification of the cut off date and Director Fortner was requested to
looked into the situation and report back to the Council.
Director Fortner explained the questions concerning the cut off
date on the water bills. Following discussion, Councilmembers agreed to
leave the ordinance as is concerning the water deposits.
86-32 AGENDA ITEM ~IX - COUNCIL DISCUSSION RELATIVE TO REVISIN~ THE --'
MAINTENANCE AGREEMENT WITH THE OKEECHOBEE REHABILITATION FACILITY
Adm. Asst. Davis explained the maintenance agreement with the
Okeehcobee Rehabilitation facility now includes the swimming pool,
library and Chamber of Commerce. These items should be removed from the
agreement since they are not maintained by the Rehab. Facility.
3913
Following discussion, Councilman Thomas made a motion that the
agreement be amended deleting these three items. Councilman Rubin
seconded the motion.
Mayor Chapman asked for a vote on the motion.
Yeas
Douglas
Collins
Thomas
Rubin
Nays
None
Motion carried.
86-32 AGENDA ITeM %X.- AUTHORIZATIQN FQR MAYQR AND ~TY CLERK TO SIg~ AN
AGREEMENT WITH THE DEPARTMENT OF REHABILITATIVE SERVICES
Councilman Rubin made a motion that the agreement be signed as
requested. Councilman Collins seconded the motion.
Mayor Chapman asked for a vote on the motion.
Yeas
Douglas
Collins
Thomas
Rubin
Nays
None
Motion carried.
86-30 AGENDA ITEM %XI - ADOPTION OF A RESOLUTION AUTHORIZING PAYMENT OF
INSURANCE pREMIUMS FOR A RETIREE OF THE CITY
Mayor Chapman read the resolution as follows:
WHEREAS, LAWRENCE OLEN GODWIN served the City as an employee
for a period of approximately twenty-three (23) years prior to
his retirement as Chief of the Okeechobee City Fire Department in
1977, and
WHEREAS, at the time of the' retirement of LAWRENCE OLEN
GODWIN, the City had instituted no program for medical and health
insurance coverage for retired City employees, and
WHEREAS, the City of Okeechobee has initiated a program of
medical and health insurance coverage for retired City employees
since the retirement of LAWRENCE OLEN GODWIN in 1977, and
WHEREAS, the condition of the health of LAWRENCE OLEN GODWIN
at the time of his retirement in 1977 and at the present time is
such that he does not qualify for coverage under the City's group
medical and health insurance plan provided for retired employees,
and
WHEREAS, LAWRENCE OLEN GODWIN has available to him an
alternative source of medical and health insurance coverage at a
cost comparable to the cost incurred by the City for provision of
such coverage to other retired City employees through the group
insurance plan of the City, and
WHEREAS, the City Council of the City of Okeechobee has
determined that in recognition and appreciation of the service of
LAWRENCE OLEN GODWIN to the City, it is appropriate for the City
to provide a benefit to OLEN GODWIN in the form of payment of the
premiums for the medical and health insurance coverage available
to him from an alternative source.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS:
1. THAT the City of Okeechobee shall pay on behalf of
LAWRENCE OLEN GODWIN the monthly premium for obtaining medical
and health insurance coverage under Plan AA of the Medicare
Supplement Plan offered by First National Life Insurance Company,
up to a maximum of $ ~S.~ monthly.
3914
HAY 2 0 1986
2. THAT the City's responsibility for payment of said
insurance premiums on behalf of LAWRENCE OLEN GODWIN shall be
limited to those premiums necessary to procure the Medicare
Supplement Plan described above for LAWRENCE OLEN GODWIN alone
and shall not extend to the payment of such premiums for
obtaining coverage for any family members, dependents, or members
of the household of LAWRENCE OLEN GODWIN.
3. THAT the City shall make payment of said premiums
directly to the First National Life Insurance Company upon
receipt by the City Clerk of the premiums charged to LAWRENCE
OLEN GODWIN for such coverage.
4. THAT in the event the rate of premiums shall exceed the
maximum amount provided in Paragraph 1 above, no payment of any
excess amount shall be made by the City without approval and
amendatory resolution by the City Council.
5. THAT this resolution shall take effect immediately upon
its adoption.
ADOPTED this 20th day of May, 1986.
Yeas
Douglas
Collins
Thomas
Rubin
Nays
None
Motion carried.
86-36 AGENDA ITEM #XIV - MAYQR TO CALL ON ANYONE IN THE AUDIENCE WISHING TO
ADDRESS THE COUNCIL
Susan Glassburn and Julia Bauvilla addressed the Council presenting
the following petition to the Council concerning opposition to
annexation of Connors Highlands area:
City Council Of Okeechobee
City Hall
55 SE 3rd Avenue
Okeechobee, F1 33472
May 20, 1986
Dear Members of the City Council,
We submit to you, the attached petition, to express
our opposition to the proposal regarding the request for
additional city annexation within Conners Highlands.
Sincerely,
Kim A. Glassburn
760 NW 20th Lane
Okeechobee, FL 33472
3915
1986
WE THE UNDERSIGNED AS RESIDENTS AND PROPERTY OWNERS OF THE
REMAINING UNINCORPORATED AREAS WITHIN CONNERS HIGHLANDS, OPPOSE
ANY PROPOSAL REQUESTING ADDITIONAL CITY ANNEXATION OF_CONNERS
HIGHLANDS.
NAME ADDRESS ~ SIGNATURE
11.~u8,~ ¢ohnsor, , qq8 }q,¢. e~
19o
20.
21.
22.
23.
24.
Submitted to the City Council May 20th, 1986.
-' i - T1 -I
3916
10
HAY 2 O 1986
AGENDA ITeM ~XV - MAYOR TO CALL ON THE CITY CLERK, .CITY ATTORNEY,
ADMINISTRATIVE ASSISTANT AND MEMBERS OF THE COUNCIL FOR REPORTS AND/OR
86-30 Clerk Thomas explained the feasibility study for the City's
liability and workman's compensation insurance. The cost of the study
is $1,200. Council discussed the insurance study and agreed to pay the
$1,200.
This study is for the express purpose of finding a way to save the
City thousands of dollars annually in insurance premiums through a Risk
Management pool.
86-8 Clerk Thomas presented the warrant registers for Council's approval.
Councilman Douglas made a motion to approve the warrant registers
as submitted for approval. Councilman Thomas seconded the motion.
Mayor Chapman asked for a vote on the motion.
Douglas
Collins
Thomas
Rubin
Nav~
None
Motion carried.
Councilman Dou~l~ asked what the beginning date of construction
was for Mulberger's street right~ of way. Information to be looked up
for next meeting.
Mayor Chapman discussed the possibility of the street located
beside the Water tank on S.W. 23rd street, being annexed into the City.
One of the property owners stated they would be willing to annex into
the City. Jack Williamson's property (Rock-A-Way) is located on the _-~
south side of the property. Adm. Asst. Davis was asked to find out who
the surrounding property owners were.
Councilman Thomas made a motion to go ahead and paint the water
tank and put up the lights as previously discussed. Councilman Collins
seconded the motion.
Mayor Chapman asked for a vote on the motion.
Douglas
Collins
Thomas
Rubin
Nays
None
Motion carried.
86-40 Chief Mobley stated the Police Departments revolvers were outdated
and he would like to request the Cityi purchase automatic revolvers @
$467. each, each police officer will reimburse the City with weekly
payroll deductions. Council agreed.
Director Elder~ stated that he would like to remove the old paper
tree in the park if Council did not have any objections Council
agreed. '
86-39 Adm. Asst. Davis stated the County Commissioners was interested in'
an agreement leasing the 154 acres. They were planning to install a
bridge and make a recreational park on the property.
AGENDA ITEM #XV! - ADJOURNMENT
There being no further business to discuss, the meeting was
adjourned at 6:28 P.M.
k--~IMAYOR OAKLAND R~HAPMAN
ATTEST:
BONNIE S. THOMAS, ~CMC
CITY CLERK
r{xp{xpp
Discussion verbatim from meeting of May 20, 1986
River Run Phase I
Jim Baughman, Owner
Jim Baughman, "It' s my primary purpose for - will be in one second, but I
would like to make one statement before I get started. I sorta dreaded
dealing with the governmental organizations it takes to do this - get
everything done. I would like to give a compliment to the people before
I get started. I would like to give a compliment to Milton Davis for the
information - who made my project a tremendous amount easier. I would
like to thank L.C. Fortner who made my project much much easier, and a
better project for you. And I would like to thank Chuck and Johnny with
the City. I know that so many times we stand up here and you hear the
bad. We've had a few hours of it this morning, but as a both a citizen
and a builder in this area I made a. promise to you all a long time ago,
six months ago that I would deliver you a second to none and one of the
best places in the City. And if you have been by there I think you can
see what I did so far. It was a lot easier with these people and I thank
them so very much. So many times we hear the bad but that 's the good.
Now I want for the final plat approval. If there is any questions,
I don't know what formailities you have to follow but I am asking for the
final plat approval. "
Mayor Chapman, "L.C. have you looked at this plat?"
L.C. Fortner, "I have reviewed the installation of the water and sewer
line as it progressed and tested those most recently fed into the lift
station that ' s in there. Everything seems to be according to plans. I
haven't looked at the plat that he has in his hands, but we have viewed
the project as it progressed. There is the minor things tha.ts got to be
corrected, but they are minor and they will not effect the operation of
the lift station. "
Jim Baughman, "The plat is almost identical to the pre-plat that was
given to you. There is no difference of any consequence in the original
one that we did for you. "
Mayor Chapman, "Gentlemen do you have any questions?"
Councilman Douglas, "I would like to ask the Fire Chief and Mr. Elders if
there is any problem as far as their parts are concerned. "
Fire Chief Tomey made a comment - cannot be understood.
Chuck Elders, "With have no problem with Zayti on the asphalt everything
is turning out. "
Councilman Douglas, "Drainage?"
Chuck Elders, "Drainage --?--" (Cannot be understood from tape)
Councilman Douglas, "I make a motion that we approve the final plat
here. "
Councilmen Thomas and Rubin, "Second"
may VL l.LlaNlllall, r1Vl1V11 uy \.VU1 Lk-111UQII 1JVUl'la0, C) v11ucU uy %.UU11L;1-.11IC11
Thomas and Rubin. Any more discussion?"
Attorney Bryant, "May I ask a question Mr. Mayor?"
Mayor Chapman, "Yes. "
Attorney Bryant, "Where are we in this thing? You came before the
Council at one time, its my understanding for a rezoning for that piece
of property for a mobile home park?"
Jim Baughman, "Yes sir, because it was agricultural. "
Attorney Bryant, "Is there going to be another hearing required for
additional rezoning? This is plat approval for you to sell. the mobile
home?"
Jim Baughman, "This is the final finale - everything is to my knowledge
complied with. "
Attorney Bryant, "So you developed under the mobile home park?"
Jim Baughman, "Mobile home subdivision. "
Attorney Bryant, "It was rezoned for mobile home park. "
Jim Baughman, "It was rezoned for mobile home subdivision. "
Councilman Collins, "He had to get some more land to qualify for a
subdivision. "
Attorney Bryant, "Do you have all of the land?"
Jim Baughman, "Everything is complied with. "
Attorney Bryant, "So as far as the zoning you've got the proper zoning
for what your putting in there and this is it?"
Jim Baughman, "This is it. "
L.C. Fortner, "Jim did that plat include - cover the entire 15 acres?"
Jim Baughman, "No this plat only covers the first phase which the second
phase you can't plat until you get everything completed. "
Councilman Thomas, "Well we had better include that in our motion. Did
you include that in your motion the first phase?"
Councilman Douglas, "I said "
Attorney Bryant, "Well it appears to me there was some discussion I 've
had about this thats why I asked the questions. When we approve this
plat we are approving something that is less than what the subdivision
ordinance requires. "
Jim Baughman, "No, in answer to that question, what you are approving is
the first phase to be platted so that I can sell the property. "
Attorney Bryant, "But if you sell the property and you don't ever
develop the rest of it then there is nothing we can do because you have
already sold the individual lots. "
Jim Baughman, "Well platting - if I wanted leave all of it as it was and
did not plat it I could sell it that way anyway, but, because the zoning
has been done on both pieces of property. But the plat is in two phases
to do with the zoning. The plat is only to make it legal to where I can
give that person that part of that property. "
Attorney Bryant, "The plat they are approving is a plat which does not.
meet the required number of acres under our subdivision ordinance. "
Jim Baughman, "No the plat is for Phase 1. Phase two might be split up
in Phase A & B if you would. But that particular part of it would be
platted as you go. But the plat we are asking now is only for Phase 1.
Which in six months from now we will be asking for the plat on Phase
2. "
Councilman Rubin, "Jim, you got the property next door from Jennings and
it was 15 acres. "
Councilman Collins, "A total of 15 acres. "
Jim Baughman, "Well it was a total of 20 acres actually. "
Councilman Rubin, "Well I don't see nothing wrong. "
Jim Baughman, "I have handled everything and to my knowledge it is
handled legally and properly down to the letter on it. "
Attorney Bryant, "I don't want to cause Mr. Baughman a problem but I am
really not satisfied that I understand exactly how this fits into the
legalities of our ordinance. And I would ask the Council to allow me an
opportunity to check that out, I don't want to hold you up but I feel
like you ought to know that - get an answer from somebody. I 've never
had any problem with this man misrepresenting anything but him saying
that he has checked and its all legal doesn't satisfy me, because I'm
here to advise you. If you can accept that it's fine. But I can't
accept it. "
Councilman Thomas, "Any problem with waiting until the next meeting?"
Jim Baughman, "Yea, because I got a closing that supposed to be next
week. "
Councilman Rubin, "Well we can accept it tentative upon our Attorney,
there's no problem there. "
Jim Baughman, "You've got to make your decision what I can do on it, but
now if you do procrastinate on it and you hold me up then it is going to
cause me financial problems. "
Councilman Thomas, "No we wouldn't want to do that. "
Attorney Bryant, "It wouldn't take long to decide. Council_ if you want
to do it like some things in the past go ahead and approve it subject to
my approval or my finding that it does meet with our ordinance. I 'll
tell Mr. Baughman and I ' ll tell the City Administrator. "
Jim Baughman, The question that you might address - the question that
came up originally was that could we split it in Phase A & B or Phase 1
& 2 in this particular case. And the reason that it was done that way is
because it involved two particular parties. And that was the reason it
was done split up, and besides that you can only develop - we only wanted
to develop part of it at one time so that we could get enough money to
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And there was no question but we've already begun to develop. As a
matter of fact L.C. can tell you that we 've spent $35,000. on a lift
station for our Phase 2 so that - we would not have done that had we not
planned on doing Phase 2. So I assure you that in two weeks we are
already ordering material and breaking ground for Phase 2 so there is no
Councilman Thomas, "Well I know we OK'ed this because we went through
this, because - and I thought you was on the board then?"
Jim Baughman, "He was. "
Attorney Bryant, "I was the Attorney here but at that time I wasn't asked
- told that we were going to be receiving a plat for . . "
Jim Baughman, "You were, were, were, the board was told. "
Attorney Bryant, "I don't recall, I don't recall that. "
Councilman Thomas, "I well remember. . . "
Attorney Bryant, "Well you, the Council, can do whatever you want. All I
want to do is give you my recommendation, so, the ordinance calls for 15
acres, you ' re approving a plat for less than that, you can call it Phase
1 or you can call it Washington, D.C. , whatever you want. It 's still not
the full 15 acres and there is a reason for the 15 acre requirement in
the ordinance. "
Jim Baughman, "No the zoning, the zoning was approved for 19 point
something acres, but the plat itself has nothing to do with the zoning,
the zoning has already been approved. "
Attorney Bryant, "I 'm not talking about the zoning. I 's talking about the
subdivision ordinance requires 15 acres - is that correct? There is a
reason for that. "
Jim Baughman, "There is 15 acres. "
Attorney Bryant, "This plat does not include 15 acres. This plat is part
of 15 acres but it's not - you are making a subdivision at this point
that is less than 15 acres. "
Jim Baughman, "No I 'm not - it's been zoned - the whole thing has been
zoned for it - this is why I went through 3 months of rezoning, special
exceptions and everything else. "
Attorney Bryant, "I understand but maybe you are not un erstanding me
either but Council can do as they choose. It' s my recommen tion is that
I need to satisfy myself before I can make a recommenda ion to the
Council. "
Councilman Rubin, "Can you do that in Mr. L.C. 's office while we go on to
two other items?" I
Attorney Bryant, "I can try if that's what you want me to do. "
Councilman Rubin, "If this gentlemen agrees. . . "
Jim Baughman, "Yea, cause I have taken a long for this and Z do have a
lot at stake. "
Mayor Chapman, "OK he will check it out. . .
Later in the meeting Attorney Bryant returned to the Council meeting
reporting the following:
Jim Baughman, ` "It seems as though we missed one procedure in not giving
this to the City Attorney a milar for his inspection a couple of days
ahead of time_ so what I would like to do is if it ' s agreeable with the
of Mr. Bryant to find out in there is anything wrong with it and if ther�e
is to get with me and my attorney and if not then it would be approve��
automatically. Is that what you were saying in there?"
Attorney Bryant, "There is a requirement under the subdivision ordinanc��
that it be presented ahead of time so that it can be reviewed. Most of
it as required has been reviewed already, for construction specs by L.C.
and Chuck. The plat is a public document: once it is recorded and i•t
needs to be inspected to make sure that everything is correct an��
accurate on it as all of the necessary certificates and acknocvledgement;s
of dedication. We do neea to have a little time to look at it. Jim';;
agreed to accept approval by the Council subject to my review. If ther�a
are any problems we'l1 get them worked out with his attorney."
Councilman Douglas, "Mr. Chairman I make a motion that we approve this
pZat per their reauest subject to the approval of the attorney."
Mayor Chapman, "Motion by Councilman Douglas is there a second?"
Councilman Collins, "Second"
Vote - Councilmen Douglas, Collins, Thomas and Rubin - yea. Motion
carried.
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