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252-R & 242-S DENIED)ATE JANUARY 10 1989 4 'E T I T I ON U 252 -R w/ spec. exc. # 242 S FEERARY •L ANNING COMMISSIO 14 '1969 IOARD OF ADJUSTMENT & APPEALS EE PAID $ 125.00/ REC # 005688 r amg L- -7/ .NOTICE SENT JANUARY 30 1989 ADVERTISEMENT (1-27 -89 & 2 -3 -89) HEARING DATE - PLANNING COMMISSIO BOARD OF ADJUSTMENT FEBRUARY HEARING DATE BOARD OF COUNTY COMMISSIONERS MARCH 7. 1989 UNIFORM LAND USE APPLICATION ;ENERAL NATURE OF REQUEST: XXX Rezone of Land D. Variance �• Zoning Ordinance Change' E. Special Exceptic Appeal of decision of Zoning Administrator F. Other .OTICE: PAYMENT OF FEE MUST ACCOMPANY THIS APPLICATION ALONG WITH PROOF OF OWNERSHIP. (land deed, tax receipt, etc.) Full name of owner of propertyLYDA HEATH / REBA NEWHOUSE Name of applicant if other than owner ._FRANK T. BQWF,R Relationship to owner :_xX agent► attorney Mailing address for notification 104 S.W. 23RD. ST.. OKEECHOBEEJ LA. Telephone 11763 -7053/ 763 5089 Legal description of property involved (as found in official records): Attach additional sheets if necessary. Street address and /or descriptive location of property: :1 : I :. :so et 'EZONE OF LAND . Proposed change Zoning Classification from RFSTfIFNTTAI t • : Are there improvements on the property at this time? S• How is the property being used at this time? would any present use of the property be considered a violation or Zoning Ordinance 74 -1, or any other Ordinance or Code of the County of Okeechobee NO please state nature of he violation: . If yes, Do you wish to appear and make a presentation before the Planning Board and the County Commission at the necessary public hearing? YES • Have you within the last year made any application for any variance, special exception, or zoning change which included any or all of the property described in paragr ph 4 above? NO please state name such application was filed undert(ifadifferentyfr, above), the date and nature of such application: ram hereby certify that I am the legal owner of the above described r that I am the attorney or agent of the legal owner. I further certiifyy hat the above answers and information on this application are true and rnrm•n,. 2 i 3 4 SOUTH 01 •11 u1 • 7 6 ! 3 1. 111 • 2 . 3 ' IV 4 S 6• v.,R SOUTH w I I411 I4t16 I TWCEI,rTN >!_ 7y11 w1'1 0 9 ' 10 2 • 3 • .1 12,.,, THIRTEENTH 10 ' te 9 8, A 2 • 3 •II SA nl 4 5 .,I G SOUTH , FIFTEENTH .411 r . 22 SOUTH tr 6 oEE •. 2 3 111.,0 3OUTN •1. TREE SOUTH ETEENTH I 41 2 • r59 2 3 4 TWENTIETH SOUTH 2E 3 • • I la• TWENTY FIRST ,1 t I bI6.►.Y►► A I.) 6 Ntw�■40,�e App IIci'r.∎a 3167 '$2.2 /CC a "4441f F70 d •- /1440 5:104.40 a !C.-cco,4w Xf/Zs I RGa 6 1.113 ,,;, 4 OVTH TWENTY - SECOND r-7-1 I 1 11 TTjI� OKEECHOBEE COUNTY BJILDING & ZONING DEPARTMENT 303 N.W. 2ND ST., OKEECHOBEE, L 33472 • (813) 763 -5548 JANUARY 1989 NOTICE: A request has been miade for a hearing before the Okeechobee City Planning Commission, and `Board of Adjustment on Tuesday, February County 14, 1 89, at 7 :30 P.M. in the County Commission Meeting Room, Okeechobee County Courthouse, 1 1989, 304 N.W. 2nd Street, Okeechobee, Florida to consider a Rezoning from the Residential Single Family (R.S.F.) to Commercial II (C -II) and also to existing Y (R.S. a Special Exception TO ALLOW A SALES LOT FOR NEW OR USED AUTOMOTIVE VEHICLES WHICH WILL INCLUDE REPAIR ACTIVITIES, AND TO ALLOW AN AUTOMOTIVE REPAIR OR SERVICE S WHICH MOTOR VEHICLE BODY OR PAINT SHOP on the following described GARAGE, Property: LOTS #6, #7, #8, #9, and #10, of Block #6, of Royal Oaks Addition, City of Okeechobee, Florida. PUBLIC HEARINGS IN RELATION TO THE ABOVE DESCRIBED PROPERTY WILL BE HELD AS FCLLOIS: The FIRST hearing will be held before the Okeechobee County and City Planning and Board of Adjustment on Tuesday, February 14, 1989 at 7:30 P.M. in County Commission Meeting Room, Okeechobee County Courthouse, 304 N.W. 2nd g Cot, Okeechobee, Florida. the Street, The SECOND hearing will be held before the City Council on Tuesday, Mar at 2:00 P.M. in the City Council Room, City Hall, Okeechobee, Florida. ch 7, 1989 ALL PARTIES IN INTEREST AND CITIZENS SHALL HAVE THE OPPORTUNITY TO BE THE FIRST HEARING AND SECOND HEARING. HEARD AT If any person decides to appeal any decision made by the Okeechobee County City Council, or the Board of Adjustment with respect to any considered at such meeting, he will need to ensure that a verbatim record Planning Proceeds .ngs is made which includes the testimony and evidence upon which the appeal is based. ecord of the appeal Walter B. Taylor Zoning Administrator LYDA HEATH AND REBA NEWHOUSE- APPLICATIONS # 252 & # 242 -S PUBLISH IN THE OKEECHOBEE NEWS: JANUARY 27, 1989 & FEBRUARY 3, 1989. K. a o& County .13u. & t & Zoning c� �g Ef2a. zEmznE MARCH 16, 1989 TO: Mr. Oakland Chapman, Okeechobee City Council. copies to all Council Members FROM: Frank W. Williamson, Jr., Planning Okeechobee County Pl Commission. g RE: Recent request for O.ning Clarification. I understand that the City Council has tabled a Zoning Re- quest, Application # 252-R to Re- quest, Commercial -2 , which is a Petition for Rezonging lot for -new or used 2automotive svehiclesException which owill include sales activities and to allow an automotive re•airor service re•air motor vehicle bod or aint sho . You have requested ce aoff- Board to express the 1 '<ely conditions which would be n the use if the Zoning ct:a,nges are granted. placed upon First let me explain that the Zoning Board's action in deny- ing this application wa$- based on the undesirability of placing Commercial =2. adjacent to Residential lots with homes and children We had several of the home owners from that area express very clear- ly their disaproval to the Board. You will remember that the intense Commercial uses are permitted in the Commercial -2 Zoning, any of which could be practiced if the Zoning were granted. The very reason that we have Commercial -1 (C -1), the light Commercial use category, is to provide compatible Commercial uses adjacent to Residential areas. The fact that this'Petitioner also requested a Special Except- ion would in no way mean , that the use proposed in the Special Ex- ception is the use that would always be there. And that use itself was not compatible with adjacent Residential uses. As to the Special Exception conditions which may be applied if this Zoning were granted, let me just that ation is not ever attempted until the matter say of Zoninghiscdecided. Conditions that have been used in the past include time of operation, noise, traffic, and odors limitations and /or screening of buffer requirements, together with a host of other it must always be remembered that the conditionsswilllonly possibilities. to the Special Exception Use requested and that any y ring prin- cipal use could be practiced without being limited permitted c ndit- ions.at all. You can see why it is seldom good planning etoogrant this kind of intense use next to Residences especially when we have a C -1 Zone designation for this purpose. I hope that his will clarify the matter as you have request- ec. Please do not hesitate to call on the Planning Commission when there is any explanation or clarification needed. A Sinrel Frank W. Williamson Planning Commission, airman Walter B. Tay o Toning Administrator W8T/pm THE OKEECHOBEE COUNTY PLANNING COMMISSION MEETING FEB. 14, 1989 The Okeechobee County Planning Commission met in regular session on Tuesday, February 14, 1989 at 7:30 P.M. in the County Commission Meeting Room, Okeechobee County Courthouse, 304 N.W. 2nd Street, Okeechobee, Florida. Chairman Frank Williamson, Jr. presided with.the following mem- bers present: Chris Hooker, Brenda O'Connor, Robby Hoover, Dan Delagall, Jerry Bryant and Roger Jones. Also present were County Attorney Ed Curren, Zoning Administrator Walter Taylor, Liaison County Commissioner Jack Williamson, and Secretary Patricia Meyers. Chairman Williamson reminded the Board of a Workshop Meeting to be held February 21, 1989 in the County Commission Meeting Room, Okeechobee County Courthouse at 7:00 P.M. He stated that this Workshop Meeting will be the second Meeting to discuss Sub- standard Housing in Okeechobee County. During this Workshop the Board will be discussing and reviewing County Ordinances that may or may not be effective in regulating Substandard Housing. Dan Delagall made a motion to accept the minutes as draft- ed, of the regular meeting of January 11, 1989. Seconded by Chris Hooker. The vote was unanimous to accept the minutes as drafted. Chairman Williamson stated that the agenda has been written in a new form, so that the Board can act as both Boards (Planning Commission and Board of Adjustment). The County Attorney, Ed Curren stated to the audience that the Board has a list of factors that they consider with a Rezoning, Special Exception, and Variance. If anyone in the audience request to have a list of the factors the Board has copies available. Old Business: PLANNING COMMISSION: NONE Old Business: BOARD OF ADJUSTMENT: PETITION # 239 -S - HERITAGE PLACE- Larry Gabor-lb allaw a ftbile H Sidivisirn in a i?sleential ttbile Hares 7u-ling District. Chairman Williamson st -ted that the Petition was tabled last month, pending further information from Mr. Gabor. Mr. Gabor came before the Board to represent the Petition. He stated that the reason the Petition was tabled was because he needed drawings to show the setbacks. He then presented a site plan of Heritage Place with a proposed easement of 40' to be deeded to the County. He also presented a copy of a proposed agreement for the Heritage Place Homeowners Association, Inc. (a copy of which is attached). He stated that the agreement basically keeps Okeechobee County clear of any responsibility for any upkeep or maintainance of Heritage Place. Attorney Curren stated to Mr. Gabor that the Subdivision Regulations are separate standards that must be met by having an engineer and surveyor present a preliminary plat to the Board of County Commissioners. Also Mr. Gabor will need to go through the Subdivision Regulations to make sure he meets all requirments for a new Subdivision, which will be reviewed by the County Engineer, County Attorney, Building Official, Zoning Administrator, and County Fire Department.Chairman Williamson questioned the County Attorney to determine if it is legal for the County to accept a Subdivision and then accept a document requiring the Homeowner's Association to maintian the County's Right of Ways. Attorney Curren stated that it can be done. There was a lot of discussion on what the Board expected of Mr. Gabor to present to Board at this Meeting. The Board Mr. Gabor had received an adequate explanation of what material the Planning Commission would need to make a decision concerning the project. Mr. Gabor felt that he had presented to the Board all information that was possible to present at this time. He stated he could not go any further until the Special Exception was granted. Chairman Williamson stated that the Board should consi conditions to be set if the Board were to grant the Special Exception One condition could be that if the applicant wishes to go through with the Special Exception then he must meet all Subdivision Regulations before the Special Exception is granted. After a very lengthy discussion, it was the consensus of the Board to table the Petition for 30 days pending further information. the felt that New Business: PLANNING COMMISSION: PETITION # 252 -R- LYDA HEATH & REBA NEWHOUSE - RSF to C -II.$ Mr. Frank He presented that he would like to rezone Family to Commercial II, so mobiles. Also he would like explained that the subject Bower came before the Board to represent the Petition several pictures of the area to the Board. He stated the property from that he may sell to have a Paint property is on in the City. The front part of the block is and is Zoned Commercial. Jerry Bryant business's are located in the front part stated that the Quick Oil Change Mr. Everett is locate on the front that he has a license for the selling is his principal desire. He stated that the Paint and Body Shop along with the but if that should cause a problem with he would settle for automobile sales Mr. Bower if there is anyone living on stated that the office will be at the Newhouse a patio and a garage with a one bay office. The asked Residential Single new or used auto - and Body Shop. He S.W. 23rd Street on Parrott Avenue Mr. Bower, what of the block. Mr. Bower and an old house belonging to part of the block. He of automobiles he would selling the adjoining only. Robby explained and that like to have of automobiles, land owners, Hoover asked the property. Mr. Bower house . There is proposed office is about 10' square home. Also hd stated Vehicle Department has vehicle Department stated and they will live there at the Newhouse that he has a dealer's license and the Motor been to the subject property. The Motor to Mr. Bower live there to do will There number their is legal. He issue him was some can a license discussion that what he is wanting and the Motor Vehicle Department proposed office. on and the proposed for the garage and the 10' office of vehicles on the property. opposition: Mr. Elmore Jones, and Mr. Woodrow The following people voiced Mr. Robert Going, Mr. Judy. They stated their concerns as follows: (1) Would intensify drainage problems, (2) disturbing noise from paint and body shop, (3) would increase traffic flow, (4) would not be estheticly pleasing. There was a very lengthy discussion on the difference between C -I and C -II. Mr. Bower stated that he would not want C -I, because he could not have automotive sales under the Commercial -I Zoning. Mr. Elmore Jones stated that at one time someone tried to rezone the same area for a Day Care and the Board turned them down. The Board discussed the problem or having Commercial that far back off of Parrott Avenue. Roger Jones stated that he could not vote for Commercial II, but he -ould consider voting for Commercial I. There were no letters and no more comments from the audience. After all factors were `,,nsidered, Chris Hooker made a motion to Recommend Denial of the rezoning because it is (1) contrary to the established land AsP pattern, (2) it will adversely influence living conditions :n the neighborhood, (3) it would adversely effect property values in adjacent areas, (4) and it is possible to find other adequate sites in the County for the proposed use in districts already permitting such use. Seconded by Dan Delagall. The vote was unanimous to Recommend Denial of t. rezoning request. Glenn BOARD OF ADJUSTMENT: PETITION # 242 -S - LYDA HEATH & REBA NEWHOUSE - pedal a sales lot fcr naa cr used ai�roti� � ?ll irrlade nxair activities, and to al.law an autcrrotie repair or service g Paint ar apt, shop. Jerry Bryant made a motion to table the Special Exception while awaiting City Council decision. Seconded by Brenda O'Connor. The vote was unanimous to table the Special Exception. PLANNING COMMISSION: PETITION # 253 -R - CLAYTON WILLIAMS -AC to RR Mr. Clayton Williams came before the Board Petition. Chairman Williamson stated to the Board Property is located off of Hwy 441 North behind to represent the that the subject the Golf Course. Mr. Williams stated that the land surrounding the property is already Residential Rural. Chairman Williamson questioned Mr. Williams if he was aware that since there was no through road, �h:ch means he would not be able to obtain a building permit or the subject property. Mr. Williams stated that he was aware CITY OF OKEECHOBEE CITY COUNCIL MEETING April 18, 1989 - 2:00 P.M. SUMMARY OF CITY COUNCIL ACTION 4 A. Call meeting to order. B. Invocation offered by the Reverend Arly Ball; Pledge of Allegiance led by Mayor Chapman C. Mayor and Council attendance: D. 'tayor Oakland Chapman Councilman Nick Collins Councilman Jim Kirk Councilman Oscar Thomas Councilman Dowling 17atford Staff attendance: City Attorney Cook City Administrator Drago City Clerk Thomas Deputy Clerk Finch Motion to dispense with reading and approve the Summary of Council Action for the regular meeting of April 4, 1989. COUNCIUIEMBERS /ACTION V OTE YES Mayor Chapman called the meeting to order at 2:00 P.M. Reverend Ball; Mayor Chapman. Present Present Present Present Present Present Present Present Present Motion by Councilman Kirk, seconded by Councilman Watford to dispense with reading and approve the Summary of Council Action for the regular meeting of April 4, 1989. Chapman Collins Kirk Thomas Watford 'lotion Carried. NO ABSENT E. Motion to approve warrant registers for March 1989: General Fund Public Utilities $38,505.64 38,505.32 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. F. OPEN PUBLIC HEPRING FOR REZONING: 1. Motion to remove petition #252 -12 from the table. 2. Consider petition #252 -R for the rezoning of property located at S.W. 23rd Street and S.t7 2nd Avenue from Residential to Commercial II - Exhibit 1. COUNCILMEMBERS /ACTION Motion to approve the warrant registers for March 1989 by Councilman Watford, seconded by Councilman Thomas in the amount of: $38,525.64 - General Fund and $38,505.32 - Public Utilities. Chapman Collins Kirk Thomas Watford Motion carried. There were none. Notion by Councilman Collins, seconded by Councilman Thomas to remove rezoning petition #262-R from the table. Chapman Collins Kirk Thomas Watford Motion Carried. Citizens Lyda Heath and Frank Bower addressed Council and stated that they wish to rezone the property from RSF to C -II. Mr. Bower informed Council that they (the petitioners of #252 -R) have dropped the Special Exception request which rules out the Auto Sales and Auto Paint and Body Shop initially intended for this property. COUNCIIrEMBERS /ACTION Mayor Chapman read a petition received from residents in this area, as follows: "City of Okeechobee City Council Okeechobee, Florida Dear Councilmembers: We, the undersigned, property owners in the city of Okeechobee do oppose the rezoning of the property bounded by U.S. 441 , Southwest 23rd Street, Southwest 2nd Avenue, and Southwest 22nd Street, that is presently zoned residential. We feel that the location of commercial enterprises, in the area presently zoned residential, would create excessive traffic in the residential area and create drain ge problems in the area that is now developed residential. One of the owners of the property in question, Lyda Heath, herself fought the rezoning of the property owned by Reba Newhouse a number of years ago. At the time this property was to be rezoned for a day care center. Now she has joined with Reba Newhouse in asking for the rezoning of their properties to allow for the location of a used car lot and car rental office. VOTE YES l We ask that you consider our request and deny this zoning that would allow the commercialization of a residential neighborhood. Signed, Elmo R. Jones, 201 SW 23rd Street Francis Going, 2202 SW 2nd Avenue Glen A. Going, 6876 NW 151 Terrace Robert Going, 2202 SW 2nd Avenue" NO April 18, 1989 COUNCIIMEMBERS /ACTION Page Four VOTE YES I NO Citizens Glen Going, Rucker Wilcox and Robert Going discussed the matter with Council. After lengthy discussion between the petitioners, citizens in attendance, Council and City Attorney Cook, Motion to amend by Councilman Watford, to include the objections as stated in the minutes of the Planning & Zoning Board (see Exhibit 1 - Uniform Land Use Application /Petition #252 -R with attachments) *,i.e. - it would be contrary to established land use pattern, it would adversely influence living conditions in the neighborhood, it would adversely effect pr,,-erty values in adjacent areas, and it is possible to find other adequate sites in the County for the proposed use in districts already permitting such use. Amended Motion seconded by Councilman Thomas. Chapman Collins Kirk Thomas Watford Motion Carried. CLOSE PUBLIC HEARING - City of Okeechobee City Council Okeechobee, Florida Dear Councilmembers: v 41- /` �� _-- �'/°�°rm- /moo .x We, the undersigned, property owners in the city of Okeechobee do oppose the rezoning of the property bounded by U.S. 441, Southwest 23rd Street, Southwest 2nd Avenue, and Southwest 22nd Street, that is presently zoned residential. We feel that the location of commerical enterprises, in the area presently zoned residential, would create -- exc.. She traffic in the residential area and create _drainage problems in the area that is now developed residential. One of the owners of the property in question, Lyda Heath, herself fought the rezoning of the property owned by Reba Newhouse a number of years ago. At the time this property was to be rezoned for a day care center. Now she has joined with Reba Newhouse in asking for the rezoning of their properties to allow for the location of a used car lot and car rental office. We ask that you consider our request and deny this zoning that would allow the commercialization of a residential neighborhood. Signed, NAM a ADDRESS .9/4/07 1.r.x--2-1/c.,„ 1/i ,2 2 r"),X;n-74?"4,-..E7_9 °/ cam, •2 3 sr CITY OF OKEECHOBEE CITY COUNCIL MEETING April 4, 1989 - 2:00 P.M. SUMMARY OF CITY COUNCIL ACTION Call meeting to order. Invocation offered by the Reverend Ross Denslow; Pledge of Allegiance led by Mayor Chapman Mayor and Council attendance: Mayor Oakland Chapman Councilman Nick Collins Councilman Jim Kirk Councilman Oscar Thomas Councilman Dowling Watford Staff attendance: City Attorney Cook City Administrator Drago City Clerk Thomas Deputy Clerk Finch Motion to dispense with reading and approve the Summary of Council Action for the regular meeting of March 21, 1989. COUNCIIMEMffiERS /ACTION VOTE YES NO (ABSENT Mayor Chapman called the meeting to order at 2: P.M. Reverend Ross Denslow; Mayor Chapman. Present Present Present Absent Present Present Present Present Present Motion by Councilman Collins, seconded by Councilman Kirk to dispense with reading and approve the Summary of Council Action for the regular meeting of March 21, 1989. Chapman Collins Kirk Thomas Watford Motion Carried. Y April 4, 1989 Page Two E. Motion to approve warrant registers for February, 1989: General Fund Public Utilities $23,871.22 93,015.01 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. F. OPEN PUBLIC HEARING FOR REZONING: 1. Consider petition #252 -R for the rezoning of property located at S.W. 23rd Street and S.W 2nd Avenue from Residential to Commercial II - Exhibit 1. COUNCIIMEMBERS /ACTION VOTE YES i NO Motion to approve the warrant registers for March 1989 by Councilman Watford, seconded by Councilman Kirk (General Fund $23,871.22; Public Utilities $93,015.01). Chapman Collins Kirk Thomas Watford Motion carried. There were none. Motion by Councilman Watford, seconded by Councilman Kirk to uphold the Planning and Zoning Board's recommendation to deny- rezoning Petition #252 -R. Citizens Frank Bower and Lyda Heath discussed the proposed project with Council, showed photographs of the subject and surrounding properties and informed Council that "property is useless as it is ". Mayor Chapman asked for public input in this matter - there was none. After lengthy discussion between Council, Chapman Collins Kirk Thomas Watford X X April 4, 1989 Page Three CLOSE PUBLIC HEARING G. NEW BUSINESS 1. Motion to appoint Mr. Charles Moore as a new water treatment plant operator and Mr. Russell Burden as a maintenance operator assigned to the Public Utilities Department - Director of Public Utilities. COUNCIIMFMBERS /ACTION vvrr, C ABSENT After further discussion by Council concerning the vote, Motion was made by Councilman Watford, seconded by Councilman Kirk to table the matter until the next Council Meeting (4/18/89) when there is a full Council to vote. Chapman X Collins X Kirk X Thomas Watford X Motion Carried. Motion by Councilman Watford, seconded by Councilman Collins to appoint Mr. Charles 'Moore as a new water treatment plant operator and Mr. Russell Burden as a maintenance operator assigned to the public utilities department. Mr. Moore was not present to be introduced to Council. Mr. Burden was introduced by Director Fortner. Mr. Fortner explained that Mr. Burden is working with Johnny Bennett's crew. Chapman X Collins X Kirk X Thomas Watford X Motion Carried. April 4, 1989 Page Four 2. Motion to appoint Mr. Willie James Griffieth as a new police officer - Police Chief. 3. Consider a request from Mrs. Karolyn Rhoades for a waste water deposit refund - Mrs. Karolyn Rhoades (Exhibit 2). 4. Consider a request from Mr. and Mrs. Gary Eubanks to maintain a portion of an alleyway behind their house at 1004 S.W. 4th Avenue - Mr. & Mrs. Gary Eubanks (Exhibit 4). COUNCII AEMBERS /ACTION VOTE YES i NO Motion by Councilman Kirk, seconded by Councilman Watford to appoint Willie James Griffieth as a new police officer. Mr. Griffieth was introduced to Council by Captain Farrenkopf. Chapman Collins Kirk Thomas Watford Motion Carried. Motion by Councilman Watford, seconded by Councilman Kirk to refund the deposit paid by Mrs. Karolyn S. (Gambino) Rhoades. After discussion, Chapman Collins Kirk Thomas Watford Motion Carried. Mr. and Mrs. Eubanks did not appear, however the property owners to the rear of the Eubanks property, Mr. and Mrs. James E. Shirley addressed Council and requested the use of 7 1/2 feet of the alley adjoining their property (Lots 7 & 8, Block 9, South Okeechobee). April 4, 1989 Page Five RECESS: 3:00 P.M. Mayor Chapman called the meeting back to order at 3:15 P.M. 5. Consider the City installing a water and waste water system for the new Okeechobee Park - Mr. Danny Mullins (Exhibit 3). COUNCIIMEMBERS /ACTION After lengthy discussion between Council, City Attorney Cook and Mr. and Mrs. Shirley, and Citizen Tommy Close, Motion by Councilman Kirk, seconded by Councilman Watford to have both property owners adjoining the alley (the Shirley's and the Eubanks) in Block 9, South Okeechobee to submit an application to the City Clerk spelling out what part of the alley they wish to use, state the purpose and thereafter Council may act upon the request. Chapman Collins Kirk Thomas Watford Motion Carried. Danny Mullins spoke to Council regarding the proposed "Okeechobee Park ". Mr. Mullins explained to Council that the funding was under estimated for the facility. No bids were received since bidders were aware of the budget figures and knew the park could not be built for the amount budgeted. In the "joint use proposal" $650,000.00 was allocated by the State, the County Commissioners are to match this with another $650,000.00 ($130,000.00 Cash and the remainder as in -kind services - i.e. roads, drainage, etc.). The $1.3 million dollar project will have to be drastically phased back, eliminating ball fields, tennis courts, racketball courts, etc. under the present financial conditions. ABSENT Ap,ril 4, 1989 Page Six 6. Update of items of interest to the city from County Commissioner Jack Williamson. COUNCILMEMBERS /ACTION Mr. Mullins requested that the Council consider material and in -kind labor donations and waiving of capacity and connection fees for Phase III (the utilities - package: water and sewer) by purchasing approximately $75,000.00 in materials, installation /labor (approximately $100,000.00) and by waiving capacity and connection fees for the proposed project. After lengthy discussion by Council, City Administrator Drago, Mr. Mullins and Citizen Tommy Close, Council requested more precise figures and specific plans /requests prior to making any type of commitment(s) in this matter. Mr. Mullins will work with Mr. Drago and return before Council when more specific information is available for Council to consider. Commissioner Williamson informed Council that under the Comprehensive Land Use Plan, the County is obligated to establish a task force on housing (which is a subcommittee of the Central Florida Regional Planning Council). The City needs to have a member /representative to attend the subcommittee meetings. Mr. Williamson recommended City Administrator Drago be the City's representative and asked Council to authorize this request and to allow Mr. Drago to attend the meetings. Council agreed to the request. 4 V E 1 YES NO ABSENT 1 April 4, 1989 Page Seven H. COUNCIL REPORTS AND /OR REQUESTS: 1. Councilman Collins: 2. Councilman Thomas: 3. Attorney Cook: 4. Councilman Kirk: 5. Councilman Watford: COUNCILMEMBERS /ACTION a) Requested that all Department Heads meet with Administrator Drago to discuss the feasibility of closing all alleys in the City. b) Expressed Council's sympathy to Mayor Chapman and his family. Absent. Discussed a Florida Statute he reviewed and informed Council that they cannot single out individuals and /or developers and enter into contracts with them agreeing to give tax breaks to entice people /developers/ businesses to come into the City or County. He stated that there is a procedure for a referendum to have the matter /question put before the voters which he can obtain for Council if they desire. Nothing at this time. -- a) Requested Council give Mr. Charlie Farmer information /answers to his request for assistance on the S.E. 9th Street work. City Attorney Cook stated he had met with Director Elders and discussed the Special Assessment Statute and the possibility of future adjoining users paying a portion of the work which has been performed. b) Expressed his thanks to Sylvia Firestine for her service to the City and wished her well in her retirement. 4 VOTE YES NO L ABSENT April 4, 1989 6. Mayor Chapman: ADJOURNMENT 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 PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. OAKLAND R. CHAPMAN, MAYOR ATTEST: BONNIE S. THOMAS, CMC CITY CLERK COUNCILMEMBERS /ACTION Page Eight YES Nothing at this time. Mayor Chapman adjourned the meeting at 3:40 P.M.