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1986-12-02 Regular Meeting 4011 REGULAR ~,~EETING DECEMBER 2. 1986 A. CALL ~4EETING TO ORDER The meeting was called to order at 2:00 P.M. B. IMVOCATION.AND PLEDGE QF ALLEGIANCE OFFERED BY MAYOR CHAPMAN Invocation offered by Director of Public Utilities, L.C. Fortner, Jr. C. MAYOR AND ~QUNCIL ATTENDANCE: Mayor Oakland Chapman Present Councilman Nick Collins Present Councilman Edward Douglas Present Councilman Andy Rubin Present Councilman Oscar Thomas Present Staff Attendance: City Attorney Bryant Present City Clerk Thomas Present City Administrator Drago Present Deputy Clerk Wilkerson Present 86-1 D. MOTION TO 6PpRQVE, AND DISPENSE WITH THE READING QF THE SUMMARY OF COUNCIL ACTION FOR TH~ R~GULAR MEETING OF NOVEMBER 18, 1986 r4otion by Councilman Thomas to dispense with the reading of the summary of Council action for November 18, 1986, seconded by Councilman Collins. Discussion. Vote - Councilmen Thomas, Collins, Douglas and Rubin voted yea. Motion carried. ~4otion by Councilman Collins to approve the Summary of Council action for November 18, 1986, seconded by Councilman Douglas. Discussion. Vote - Councilmen Collins, Douglas, Thomas and Rubin yea. ~4otion carried. 86-6 E. OPEN PUBLIC HEARING FOR REZONINGS AND ORDINANCE ADOPTION 1. RCzQni2q R~quests: a. Consideration of Rezonin~ Petition ~163-R from Residential Single F~mily (RSF) to Commercial. Professional Office District (CPO) for Block 220 lots 2 and 3, located at 106 S.E. 5th Street ~lotion to uphold the City/County Planning and Zoning Commission's recommendation on Rezoning Petition #163-R by Councilman Rubin, seconded by Councilman Douglas. Discussion. Vote - Councilmen Rubin, Douglas and Collins yea. Councilman Thomas nay. Motion carried. b. Consideration of R~zonin~ Petition ~165-R from Residential Single Family (RSF) tO Residential General-1 (RG-1) for Block 5, lots 1. 2, 3, Southwest sectioD located a% 200 S,W. 10th Avenue Councilman Thomas announced he must abstain from voting on this matter because he was an adjoining owner of the property in question. [~otion to deny Rezoning Petition I165-R by Councilman Collins, seconded by Councilman Rubin. Discussion. Vote - Councilmen Collins and Rubin yea. Councilman Douglas nay. ~Iayor Chapman yea. Motion carried. 2. FI~1AL ORDINANCE ADOPTION 86-36 a. [.~otion to read in full an ordinance for voluntary annexation for Bl~¢k 52; lots 1 through 10 inclu$iv~ ~nd Block 45; lots 17 through 26 inclusive in Conners Highland Motion by Councilman Douglas for the ordinance to be read in its entirety, seconded by Councilman Rubin. Discussion. Attorney Bryant read the entire ordinance as follows: 4012 0 2 1986 AN ORDINANCE ACCEPTING THE PETITION FOR VOLUNTARY ANNEXATION OF LOTS i THROUGH 10 OF BLOCK 52 AND LOTS 17 THROUGH 26 OF BLOCK 45, CONNERS HIGHLANDS; REDEFINING THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE TO INCLUDE SAID PARCELS; PROVIDING AN EFFECTIVE DATE. --~ ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: SECTION I: The Petition for Voluntary Annexation filed by the owners of the following described real property located in the unincorporated area of the County of Okeechobee, Florida, to wit: LOTS 1 through 10, inclusive, of Block 52; and LOTS 17 through 26, inclusive, of Block 45, CONNERS HIGHLANDS, according to the plat thereof recorded in Plat Book 1, Page 21, Public Records of Okeechobee County, is hereby accepted. SECTION II: The municipal boundary lines of the City of Okeechobee are hereby redefined to include the real property described in the foregoing SECTION I. A copy of this ordinance shall be filed for record with the Clerk of Court of Okeechobee County. SECTION III: This ordinance shall take effect immediately upon its adoption. Introduced for first reading and set for final hearing this 21st day of October, 1986. Passed and adopted on second reading and public hearing this 2nd day of December, 1986. Vote - Councilmen Douglas, Rubin, Thomas and Collins yea. Motion carried. b. MQ~ion to ~d~Dt the final readi~ of an ordinance for voluntary annexation for Block 52: lots 1 through 10 inclusive, and Bloc~ 45: 1Q~ 17 through 26 inclusive in Conners Highland Motion by Councilman Douglas to adopt the final reading of the ordinance for voluntary annexation, seconded by Councilman Thomas. Discussion. Vote - Councilmen Douglas, Thomas, Rubin and Collins yea. Motion carried.i c. Motion to read bv title only an ordinance establishing rules, ~ulations and Procedures for the Durchasin~ of good~, materi~$ and services: setting maximum estimated values above which forma~ ~d open biddin~ is required; establishin~ ~ddin~ orQc~dures; establishina procedures for day-to-day purchases and e~tablishiBq procedures for the sale of surDlus proDerty: providing an effective date. Motion by Councilman Douglas for the ordinance title to be read, seconded by Councilman Collins. Discussion. Attorney Bryant read the ordinance title as follows: AN ORDINANCE ESTABLISHING RULES, REGULATIONS, AND PROCEDURES FOR THE PURCHASING OF GOODS, MATERIALS, AND SERVICES; SETTING MAXIMUM ESTIMATED VALUES ABOVE WHICH FORMAL AND OPEN BIDDING IS REQUIRED; ESTABLISHING BIDDING PROCEDURES; ESTABLISHING PROCEDURES FOR DAY-TO-DAY PURCHASES; AND ESTABLISHING PROCEDURES FOR THE SALE OF SURPLUS MATERIALS; PROVIDING AN EFFECTIVE DATE. Vote - Councilmen Douglas, Collins, Thomas and Rubin yea. Motion carried. d. Motion to adopt the final readin~ of an ordinance establishing rules, regulations and procedures for the purchasing of ~oo~, materials and services: settin~ maximum estimated value~ above which formal and open biddin~ is required; establishing bidding procedures: establishin~ prOcedures for day-to-day purchase~ and establishing procedures for the sale of surDlus property: DrovSdiDg an effective date. Motion to adopt the final reading of the ordinance by Councilman Douglas, seconded by Councilman Collins. Discussion. Vote - Councilmen Douglas, Collins, Rubin and Thomas yea. Motion carried. 4013 F. OLD BUSINESS 86-17 1. Motion kO approve an aareement between the City of Okeechobee and the Human~ ~Qcietv in the amount of $21.736. for animal control and shelter $~rvice$ Motion to approve the agreement by Councilman Collins, seconded by Councilman Thomas. Discussion. Attorney Bryant explains the wording should be amended to include "emergency and non-emergency services". Councilmen Collins and Thomas agreed to the amendment. Vote - Councilmen Collins, Thomas, Rubin and Douglas yea. Motion carried. $6-9 2. Mo~ion ~O aDDrQve an aqreement between the City of Okeechobee and Regency ThermoaraDhers of Florida to treat the company's industrial waste at the City's wastewater plant at the rate Qf $20.00 for each 1.000 qallons or fraction thereof of was~ delivered, bv the company, ~o the city. Motion by Councilman Douglas to approve the agreement, seconded by Councilman Collins. Discussion. Vote - Councilmen Douglas, Collins, Thomas and Rubin yea. Motion carried. 86-51 3. Motion to approve an aareement between the City of Okeechobee and the Chamber of CQmmerce in the amount of $1.0Q each year for 50 years for ~he lease of real property upon which the office buildina of the Chamber of Commerce now resides. Motion to approve the agreement by Councilman Douglas, seconded by Councilman Collins. Discussion. Attorney Bryant explained the agreement presented to the Council was not amended to include the N.W. corner of the property. Councilmen Douglas and Collins withdrew their motion and second. Councilman Douglas made a motion to approve the agreement as amended by Attorney Bryant, seconded by Councilman Collins. Discussion. Vote - Councilmen Douglas, Collins, Rubin and Thomas yea. Motion carried. 4. First Readin~ of Ordinances: 86-36 a. Motion to read in full. and set January 6. 1987. as the public hearin~ date. an ordinance for voluntary annexation for the appropriate legal description located at 1809 Highway 441 South. Motion by Councilman Collins, seconded by Councilman Douglas. Discussion. Attorney Bryant read the ordinance in its entirety as follows: AN ORDINANCE ACCEPTING THE PETITION FOR VOLUNTARY ANNEXATION OF PARCELS "A", "B" AND "C" LYING IN AND COMPRISING A PART OF SECTION 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: SECTION I: The Petition for Voluntary Annexation filed by the owners of the following described real property located in the unincorporated area of the County of Okeechobee, Florida; to-wit: PARCEL "A": COMMENCING at the Northeast corner of Section 28, Township 37 South, Range 35 East, run thence South along the East boundary line of said Section 28 for a distance of 959.70 feet, thence run West parallel with the North boundary line of said Section 28, a distance of 65.70 feet for a POINT OF BEGINNING; thence continue West a distance of 295.00 feet to a point on the East right-of-way line of U.S. 441 (S.R. 15), thence run South along said east right-of-way line of U.S. 441 (S.R. 15) a distance of 100.00 feet, thence run East parallel with North boundary line of the aforesaid Section 28, a distance of 295.00 feet, thence run North a distance of 100.00 feet to the POINT OF BEGINNING. Lying in and comprising a part of Section 28, Township 37 South, Range 35 East, Okeechobee County, Florida. PARCEL "B": Begin 157.5 feet North of Southeast corner of Northeast quarter of northeast quarter, thence run West 365 feet, thence North 100 feet, thence East 365 feet, thence South 100 feet to the POINT OF BEGINNING, lying in Section 28, Township 37, Range 35 East, Okeechobee County, Florida. PARCEL "C": The North 172.44 feet of the south half of Southwest quarter of Northwest quarter of Northwest quarter, lying in Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida. is hereby accepted. 4014 DEC 0 2 1986 SECTION II: The municipal boundary lines of the City of Okeechobee are hereby redefined to include the real property described in the foregoing SECTION --~ I. A copy of this ordinance shall be filed for record with the Clerk of Court of Okeechobee County. SECTION III: The ordinance shall take effect immediately upon its adoption. Vote - Councilmen Collins, Douglas, Rubin and Thomas yea. Motion carried. b. Motion ~o approve the first readinq of an ordinaDce for voluntary annexatio~ for the appropriate legal description located at 1809 Highway 441 South. Motion by Councilman Collins to approve the first reading of the ordinance, seconded by Councilman Douglas. Discussion. Vote - Councilmen Collins, Douglas, Rubin and Thomas yea. Motion carried. 86-5 c. Mo~io~ tO re~d by title only, and set December 16. 1986, as the public hearing d~¢, ordinance to close an alley in Block 230, between lots 7 throuqh 9 and 10 throuqh 12, located a~ 608 SQu~h Pa~rott Avenue Motion by Councilman Thomas, seconded by Councilman Douglas. Discussion. Attorney Bryant read the title. AN ORDINANCE CLOSING AND VACATING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 230 OF THE FIRST ADDITION TO THE TOWN OF OKEECHOBEE; RESERVING UNTO THE CITY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; PROVIDING AN EFFECTIVE DATE. Vote - Councilmen Thomas, Douglas, Rubin and Collins yea. Motion carried. d. Mo~iQn to approve the fir$~ readin~ Qf an Q~di~ance to close an allev in Block 2~0 between lots 7 through 9 and 10 through 12, located at 608 South Parrott Avenue. Motion by Councilman Douglas, seconded by Councilman Collins. Discussion. Vote - Councilmen Douglas, Collins, Rubin and Thomas yea. Motion carried. G. NEW BUSINESS 86-6 1. Consider the recently proposed county ordinance creating two types of commercial zoning. Discussion ensued concerning the proposed County ordinance. Council agreed for the City Attorney and County Attorney to meet and work on the ordinance. City Attorney to report findings back to Council. 2. Motion to approve an agreement between the City of Okeechobee and 4-B, Inc. to concrete a portion of an alley l~cated i~ B~ock 174. lots 11 and 1~ at 309 S.w. 2nd Avenue. Motion by Councilman Collins, seconded by Councilman Thomas. DiscUssion concerning the wording in the agreement. Councilman Thomas made a motion to table the agreement until the next regular meeting, seconded by Councilman Collins. Vote - Councilmen Thomas, Collins, Douglas and Rubin yea. Motion carried. 86-3 3. Motion to authorize Southeastern Municipal Bonds, Inc. to obtain 2.2 million dollars ~O reDave, resurface and restripe the City's streets. Motion by Councilman Collins, seconded by Councilman Thomas. Discussion. Vote - Councilmen Collins, Thomas and Douglas vote yea. Councilman Rubin nay. Following discussion Councilman Rubin changed his vote to-yea. Motion carried. i 4. Mo~io~ to approve advertisin~ for "Letters of Interest" to appropriate e~q~neerin~ firms to design the City's water plan~ 9xpansion. Motion by Councilman Douglas, seconded by Councilman Collins. Discussion. Vote - Councilmen Douglas, Collins, Rubin and Thomas yea. Motion carried. -' I - Il T1 - " 4015 DEC 0 2 1986 5. Consider a $1.000.00 donation to the Okeechobee State Fair Committee .... for it's bQoth ~ the Florida State Fair in Tampa Motion by Councilman Collins to approve donation, seconded by Councilman Thomas. Discussion. Vote - Councilmen Collins, Thomas, Rubin and Douglas yea. Motion carried. 6. MQti~n to approve the advertisin~ of bids for the necessary remedial work for the wastewater collection system previously under contract with Taddie/M&M Motion by Councilman Douglas, seconded by Councilman Thomas. Discussion. Vote - Councilmen Douglas, Thomas, Rubin and Collins yea. Motion carried. H. COUNCIL REPORTS QR REOUESTS 1. Coupcilman CQllins 2. Councilm~n ThQmas Councilman Thomas made a motion that the city upgrade the water line on S.W. 15th Avenue and 32nd Street. Councilman Collins seconded the motion for discussion. Discussion. Director of Public Utilities explained the City could not extend the water lines at this time because of a moritorium. Councilman Collins explained the City could not do anything now, but as soon as we can the City should lay the line at the City's expense. Councilman Thomas withdrew his motion. Councilman Collins withdrew his second. 3. CQuncilman Doualas Councilman Douglas stated he would like to see the City Administrator work with the County in the purchasing procedures, possibly receiving better prices. 4. Councilman Rubin Councilman Rubin asked Director Elders about the dirt in front of the school board office. Fire Chief Tomey explained the dirt was put there to soak up an oil spill. Director Elders said he would send the sweeper over to clean up the area. 5. Ma¥0r Chapman I . ADJOURNMENT The meeting was adjourned at 5:15 ~-AyOR OAKLAND dH~PMA~ ATTEST: BONNIE S. THOMAS, CMC CITY CLERK *Councilman Thomas has completed and filed the conflict of interest form, as required by law, with the office of the City Clerk. THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE OFFICE OF THE CITY CLERK.