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1987-01-06 Regular Meeting 4021 ?,EGULAR ~.~EETI~1G TUESDAY, JANUARY 6, 1982 A. CALL r~EETING TO ORDER. The meeting was called to order at 2:00 P.~. B. INVOCATION AND PLEDGE QF ALLEGIANCE OFFERED BY CQUNCILM~N DOUGLAS. The Invocation was offered by Councilman Douglas, followed by the Pledge of Allegiance. C. ~AYOR AND COUNCIL ATTENDANCE: [.~ayor Oakland R. Chapman Present Councilman ~ick 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 ~7-] D. r~OTIQN TO DISPENSE WITH READING AND APPROVE THE SUMMARY OF COUNCIL ACTION FOR THE REGULAR MEETING OF DECE~-~BER 16, 1986 ~otion by Councilman Collins, seconded by Councilman Thomas. Vote - Councilmen Collins, Thomas, Douglas and Rubin - yea. Motion carried. ..... rIQTION TO DISPENSE WITH READING AND APPROVE THE SUMMARY OF COUNCIL ACTION FOR THE SPECIAL MEETING OF DECEMBER 30, 1986 Hotion by Councilman Collins, seconded by Councilman Douglas. Vote - Councilmen Collins, Thomas, Douglas and Rubin - yea. Motion carried. E. REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. ~o action taken on this item. JUDGE BURTON C, CONNER TO AD~.~INISTER THE OATH OF OFFICE TO NE%~ 87-9 COUNCIL~4~N DOWLING R, WATFORD, JR, AND RE-ELECTED COUNCILMEN OAKLAN~ CHAP~AN %ND OSCAR THOMAS, ALSO, RE-ELECTED CITY CLERK BONNIE THOMAS. Judge Conner administered the oath of office to new Councilman Dowling R. Watford, Jr. and re-elected Councilmen Oscar Thomas and Oakland Chapman and re-elected City Clerk Bonnie Thomas. ELECTION OF ~IAYQR: Councilman Thomas nominated Councilman Oakland Chapman. Councilman Rubin nominated Councilman Dowling Watford. Vote on the nomination of Councilman Oakland Chapman: Councilmen Oscar Thomas and Nick Collins yea. Councilman Rubin nay. Councilman Watford abstained from voting. Councilman Chapman yea. Follo~ing a call for vote Councilman Oakland Chapman was elected to serve as ~.~ayor for the next two (2) years. 87-3 F. OPEI'~ PUBLIC HEARING FOR REZONING REQUESTS 1. Consideration of rezonihq petition ~159-R from Residential Sinqle Family (RSF) to Residential General-2 for Block 89; Lots 1,2,3,4,5,6 and 7 thru 12 inclusive located at l'.~ortheast 6th Street, Northeast 3rd Avenue, Northeast 2nd Street. and Northeast 1st Avenue ~ls. Catherine Nix, owner of the property, addressed Council requesting the zoning change. [.lotion by Councilman Thomas, seconded by Councilman Collins, as recommended by the City/County Planning and Zoning Board. Vote - Councilmen Thomas, Collins, ilubin and Watford yea. ~otion carried. 4022 87-3 2. Considerat%on of rezoninq potition #16~-R from Holdina and Government · Use to Residential General-2 for Block 28; lots 1 ~hrQuqh 10 inclusive and lots 17 ~hrQuqh 26 inclusive located ~t No~thwost 5%h Avenue and Northwest 9th Street. Mr. John Abney, property owner, addressed Council explaining his request. Motion by Councilman Thomas approve the request as recbmmended as recommended by the City/County Planning and Zoning Board, seconded by Councilman Rubin. Discussion. Vote - Councilmen Thomas, Collins, Rubin and Watford yea. Motion carried. 3. Consideration of rozQnina petition #170-R from Government Use to Industrial for Block 39; lots 10 and 17 located at Northwest 5th Avenue and Northwest 9~h Street. Motion by Councilman Collins to approve the rezoning request as recommended by the City/County Planning and Zoning Board, seconded by Councilman Thomas. Discussion. Councilman Watford questioned whether it was best to zone commercial not industrial. John Abney stated no, that he thought Industrial would be the best. Vote - Councilmen Collins, Thomas, Rubin yea. Councilman Watford nay. Motion carried. Councilman Watford made a motion that the Council reconsider Rezoning Request #169-R, seconded by Councilman Rubin. Vote - Councilmen Watford and Rubin yea. Councilmen Thomas, Collins and Chapman nay. Motion defeated. G. QLD BUSINESS: 1. MOTION TO APPROVE THE FINAL PAYMENT OF $11,988.64 TO ROCK-A-WAY, INC. FOR TH~ SOUTHEAST 8TH AVENUE BRIDGE Councilmembers asked if the Engineer and Street Director had approved the completion of the bridge. Street Director Elders stated the bridge completion had been approved by himself and the Engineer. Motion by Councilman Thomas, seconded by Councilman Rubin. Vote - Councilmen Thomas, Rubin, Collins and Watford yea. Motion carried. 2. MOTION TO APPROVE AN AGREEMENT BETWEEN TH~ CITY AND FARINA ~7-11 ~N~ERPRISES. INC. FOR CONVEYANCE OF A WASTEWATER FORCE LIFT STATION hT SUN PL%ZA Motion by Councilman Collins, seconded by Councilman Thomas. Discussion. Vote - Councilmen Collins, Thomas, Rubin and Watford yea. Motion carried. 87-3 3. MOTION TO APPRO~VE AN AMENDMENT TO THE CONSOLIDATED BUILDING AND ZONING IN~RLOC~L AGREEMENT PROVIDING THAT ALL ZON~N~ CHANGES MUST B~ RATIFIED BY THE CITY COUNCIL. Motion by Councilman Collins, seconded by Councilman Thomas. Discussion. Vote - Councilmen Collins, Thomas, Rubin and Watford yea. Motion carried. H. NEW BUSINESS ~7-1~ 1. ~IRST REAOING OF ORDINANCES: a. ~otion to read title only and set January 20, 1987. as the public hearina date, an amendment to ordinance NO. 585 to modify u~ilitv easement provision in the allev closin~ of block 230. botween lots 7 throuqh 9 and 10 through 12; located at 608 South Par rott Avenue Motion by Councilman Thomas, seconded by Councilman Collins. Discussion. Vote - Councilmen Thomas, Collins, Rubin and Watford yea. Motion carried. -'~ Attorney Bryant read the ordinance title as follows: ~7-11 AN ORDINANCE ABANDONING A PORTION OF THE PERPETUAL, NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES IN AND OVER THE ALLEYWAYS IN BLOCK 230, FIRST %~ ~? ADDITION TO OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE. 4023 JAN 0 6 b. Motion to approve the first reading of an ordinance amendinq ordinance No. 585 to mQdify th~ utility easem~ provisiop in the alley closing of Block 290, between lots 7 thpQggh 9 and 10 through 12; located at 608 South Parrott Avenue. Motion by Councilman Collins, seconded by Councilman Thomas. Vote Councilmen Collins, Thomas, Rubin and Watford yea. Motion carried. c. Motion to read bv title only and set January 20, 1987, as thC public h~aring date. an ordinance providing for animal control, behavior and welfare. Motion by Councilman Thomas, seconded by Councilman Collins. Vote Councilmen Thomas, Collins, Rubin and Watford yea. Motion carried. Attorney Bryant read the title as follows: AN ORDINANCE PROVIDING FOR TIlE CONTROL, WELFARE AND BEHAVIOR OF ANIMALS IN THE d. Motion to approve the first readinq of an ordinance providinq for animal control, behavior and welfare. Motion by Councilman Collins, seconded by Councilman Thomas. Vote - Councilmen Collins, Thomas, Rubin and Watford yea. Motion carried. ~7-].0 2. MOTION TO AUTHORIZE THE CITY ATTORNEY TO INITIATE FORCLOSUR~ PROCEEDINGS ON UNPAID LIENS FOR LOT CLEARING SERVICES PERFQRM~D BY THE CITY Motion by Councilman Collins, seconded by Councilman Thomas to approve costs and assess liens against the following persons and property: 1. Timmons and Sandra Singletary, Lots 21 and W 1/2 of Lot 22, Block 9, City of Okeechobee $50.00 2. Velma Storey Estate, Lots 19 and 20, Block 23, City of Okeechobee $125.00 3. Nathan H. Link, Lots 10, 11, and 12, Block 123, $95.00 4. Mary Schulman, Lot 10, Block 91, $50.00 5. PEC Enterprises, Lot 5, Block 27, Northwest Addition and Lots 17 and 18, Block 24, Northwest Addition, $75.00 6. Virginia Mattison Leitner, Lots 5 and 6, Block D, Wright's 2nd Addition, $70.00 7. Virginia Mattison Leitner, Lots 1,2,3, and 4, Block D, $70.00 8. John Holman, Un Platted lot 20, $50.00 9. Richard Vandell, Lot 13 and 1/2 of Lot 12, Block 19, $50.00 Vote - Councilmen Collins, Thomas, Rubin and Watford yea. Motion carried. Motion by Councilman Collins authorizing the City Attorney to enforce the liens, seconded by Councilman Watford. Vote - Councilmen Collins, Watford, Thomas and Rubin yea. Motion carried. ~. COUNCIL REPORTS OR REOUEST~: 1. Councilman Collins Councilman Collins read a letter of thanks for shrubery pick up to the Street Department from a local citizen. Councilman Collins questioned the status of the lift station on Hwy. 441 North. Councilmembers discussed the matter with Director Fortner. 4024 JAN 0 6 1987 2. ~Qu~cilm~n Thomas Councilman Thomas asked Administrator Drago if anything had been done -~ concerning the old steel bridge removal on Taylor Creek. Administrator Drago explained the removal would require a large crane and demolition crew. He stated he would notify the Corp of Engineers requesting their assistance in the removal of the bridge, t 3. CQuncilman Watford ~) Councilman Watford explained he was concerned about the zoning matters since the County and City Building Department merger. He asked if the City could appoint the two City members to the Planning and Zoning Board. Attorney Bryant explained the Interlocal Agreement could be amended to allow the Council the privilege of choosing the members to represent the City in all zoning matters. Councilman Watford recommended the City pursue the possibility of appointing the two City members to the City/County Planning and Zoning Board. 87-3~ i~ Councilman Watford questioned the status of the Post Office situation. Councilmembers discussed the last action taken concerning the Post Office. County Commissioner Jack Williamson stated had some information to report to the Council later in the meeting concerning the matter. ~> Councilman Watford asked Attorney Bryant to explain if it was legal for the City to change the election dates in the Charter by an ordinance amendment. Attorney Bryant stated this action was legal, since the legislation passed a law concerning the amendments of Charters. ~ ~ t. Councilman Watford asked several questions concerning the elections involving the responsibility of costs and enforcement of regulations. Clerk Thomas responded to these questions stating the City was charged a certain portion of the overall costs for the City precincts and she was in charge of the enforcement of regulations. ~,Councilman Watford asked if the Council would consider having the meetings rescheduled for 7:00 P.M. instead of 2:00 P.M. Council discussed the time of -~ the meetings taking no action. -~,Councilman Watford encouraged the Council to consider impact fees in the near future. 4. Councilm~n Rubin ~ Councilman Rubin questioned Public Works Director Elders on the status of the Street lights on 14th Street. Public Works Director Elders stated the lights were ordered but have not arrived yet. ~ Councilman Rubin questioned the status on the Taddie suit. Administrator Drago explained where the suit is presently. ~ Councilman Rubin stated he felt the City should pay interest to all customers that paid their sewer deposits in advance, putting the same in the form of a motion. Councilman Watford seconded the motion for discussion. Council held a lengthy discussion on the matter. Councilman Watford withdrew his second for discussion. Mayor Chapman asked if there was a second to the motion. The motion died for the lack of a second. 5. MayQr ChaDman Mayor Chapman asked Public Works Director Elders if something could be done about the water standing on S.E. 10th Avenue and 4th Street. Public Works Director Elders stated he would correct the situation. 87-34 Mayor Chapman recommended that Councilman Watford be appointed the liason on the City/County Planning and Zoning Board. Council agreed. ~ CQM~ENTS FRQ~I THE AUDIENCE Mayor Chapman recognized Mr. Sam Joiner in the audience at this time. --~ ~r. Joiner addressed the Council concerning payment from the City on the streets he paved. Attorney Bryant explained the situation, recommending the Council not do anything else concerning the case, because the money was turned over to the Court, t'herefore, Mr. Joiner should have his attorney go to the Court for payment, the Council staying out of the case. 4025 JAN 0 6 The meeting was adjourned at 5:06 P.M. ATTEST: BONNIE S. THOMAS, CMC / CITY CLERK THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE OFFICE OF THE CITY CLERK. 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 PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.