1996-04-28 Regular Meeting117
CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
A. Call Workshop to order on April 8, 1996 at 7:00 p.m.
B. Mayor and Council Attendance:
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Michael G. O'Connor
Council Member Robert Oliver
Council Member Dowling R. Watford, Jr.
Staff Attendance:
City Attorney John R. Cook
City Administrator John J. Drago
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
Citizen Advisory Committee Attendance:
Chairperson David Hazellief
Committee Member Mary Beth Cooper
Committee Member Alternate Gil Culbreth
Committee Member Robbie Hoover
Committee Member Steve Nelson
Committee Member Marvin Wherrell, Jr.
Mayor Kirk called the Workshop to order on April 8, 1996 at 7:00 p.m.
Clerk Thomas called the roll:
Present
Present
Present
Present
Present
Present (entered Chambers at 8:10 p.m.)
Absent
Absent
Present
Present
Present
Present
Absent
Absent
Absent
PAGE 1 OF 6
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APRIL 8, 1996 - REGULAR MEETING - PAGE 2 OF 6
C. Review the proposed changes to the City's Land Development Council briefly discussed with the Committee time and certain days of each week to
Regulations by the Citizen Advisory Committee. meet. Mayor Kirk advised the City's workshops are very informal and for the Committee
to feel free to ask questions and add comments whenever they wanted.
Dr. Jack Ware then summarized for the Council how the Committee approached
amending the proposed Land Development Regulations. They reviewed existing zoning
regulations along with County's current LDR's, what was being proposed and either drew
up something new or used one of the three examples. The layout is different than the
document first presented. The administration is in the front. Zoning addressed toward the
end. Definitions at the end. Forms and fees as appendixes. He also advised that
appendixes are not a part of the adopted ordinance.
The Council decided to continue with the way the Committee reviewed the document. Go
through page by page and anyone who has a comment on that page may do so at that
time. Dr. Ware will make the suggested changes and bring the changes to the next
meeting. If it is a legal issue he is to work with Attorney Cook for the appropriate
language.
General Page 1 - No comments.
General Page 2 - No comments.
General Page 3 - Council Member Watford asked what did abrogation mean? He was
advised that it means these regulations will not interfere with anything that might be
recorded on the deeds in the Clerk of Court.
Codes Page 4 - Fire Chief Tomey who is currently acting as the City's Code Enforcement
Officer advised that two additional Codes need to be inserted. Under number one add
letter "h" Standard Swimming Pool Code and "i" Standard Amusement Device Code. The
Council so noted that amendment.
a
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APRIL 8, 1996 - REGULAR MEETING - PAGE 3 OF 6
C. Review the proposed changes to the City's Land Development Boards Page 5 -There was much discussion on the title of the person having authority
Regulations by the Citizen Advisory Committee. over this department. Council advised Dr. Ware to clean up the language in Section 152
Administrative Responsibility for Land Development Regulations deleting the section for
the City Administrator but giving the flexibility under the definition of the Planning and
Zoning Director to the Council that they could assign an individual or hire someone for
the position. (This amendment will affect section 153 General Services Department No.
2, language will be cleaned up as instructed by Council).
Boards Page 6 - Section 154 Technical Review Committee, Number One, letter "an and
"b", add "Code" in front of Enforcement Officer and move that position from "a" to "b" as
a non -voting member and move the Police Chief from "b" to "a" as a voting member of
the Technical Review Committee.
Boards Page 7 - Section 155 Citizen Boards, Number Two, amend having two alternates
to one. Number Six Compensation, reword sentence to read "Members of Boards shall
receive no salaries for service on the Board, but may receive actual and necessary
expenses incurred in the performance of their duties as may be set by City Council from
time to time."
Boards Page 8 - Section 156 Citizen Board Officers and Rules of Procedure, Number
Three. The Council requested Attorney Cook research how the City can enforce that a
Board shall have the power to take testimony under oath and compel the attendance of
witnesses.
Number Four Quorum and Voting replace "any official" with "the Planning and Zoning
Director".
Number Six, amend gender to be male or female.
Council discussed that if a person sitting on a Board disqualifies themselves for a certain
vote and the alternate is there, does the alternate vote for the regular member? It was
decided that they do not.
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APRIL 8, 1996 - REGULAR MEETING - PAGE 4 OF 6
C. Review the proposed changes to the City's Land Development Boards Page 9 - Section 157, the Council noted that they would have to come back to
Regulations by the Citizen Advisory Committee. III this section once Attorney Cook's research is complete on whether or not the City
Council could serve as the Planning Board.
The Council changed all the number of members for the Boards to read "five to seven"
members. This amendment affects Number One in Sections 157 Planning Board, 158
Board of Adjustment and 159 Code Enforcement Board.
On Section 159 Enforcement Board there was a lengthy discussion, the Council
requested "Code" be inserted in front of Enforcement. Dr. Ware also explained that this
Code Enforcement acts differently than what the City currently has as a Code
Enforcement Board, this Board referred to in the document is strictly for the enforcement
of the regulations, and the enforcement officer enforces these regulations. Attorney Cook
also noted that Florida Statute Chapter 162 should be referenced in this section for this
Board as the statute for the Board to follow.
Administrative Procedures Page 11 - no comments
Administrative Procedures Page 12 - Council Member Watford noted that he liked the
section making it mandatory to sign your name when filing a complaint of violation.
Administrative Procedures Page 13 - Section 206 Penalties for Violation, Number One
there was a brief discussion on whether the Council wished to change that "violation of
these regulations is declared a misdemeanor of the first degree to second degree."
There was no change at this time.
Sections 209 Private Property Rights Protection Claim and 210 Land Use or Environ-
mental Dispute Appeal. Attorney Cook advised that the Florida Statute concerning this
should be noted in each one. Also in Section 210 the Council deleted "within 30 days
after receipt of the order".
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APRIL 8, 1996 - REGULAR MEETING - PAGE 5 OF 6
Review the proposed changes to the City's Land Development Administrative Procedures Page 14 - The Council discussed Section 212 Exceptions to
Regulations by the Citizen Advisory Committee. Fees and Charges Schedule, Number Two Affordable Housing Development. This
paragraph stated the City Council may reduce or eliminate fees and charges for
affordable housing developments initiated by government agencies, and non profit or
limited profit organizations. Dr. Ware advised that the Comprehensive Plan states that
the City will encourage affordable housing development and that is one way of
encouraging it.
Administrative Procedures Page 15 - no comment.
Administrative Procedures Page 16 - In Section 218 Public Notice, Number Two,
Attorney Cook is to check and see if it is a courtesy notice or a mandatory notice that has
to be sent and double check the radius from the subject property. Then in Section 219
Public Hearing, Number Three, Attorney Cook is to research if special conditions can be
attached to a rezoning, if they cannot Council wants a paragraph to state that.
Number Four after "In granting" add "or denying" a petition City Council or Board shall
list the specific findings for their decision.
Administrative Procedures Page 17- In Section 223 Conditions of Approval. Attorney
Cook is to research if this includes rezoning and state in the paragraph if they are not
included.
Administrative Procedures Page 18 - no comments.
Administrative Procedures Page 19 - no comments.
Administrative Appeal Page 20 - no comments.
Special Exception Page 21 - no comments.
Variance Page 22 - Following discussion, Council requested Attorney Cook research and
advise if conditions can be attached to a variance. If they can add a letter to the section
and insert the appropriate language.
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C. Review the proposed changes to the City's Land Development
Regulations by the Citizen Advisory Committee.
Adjournment - Mayor Kirk.
PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the
City Council with respect to any matter considered at this meeting, he/she may need to insure that a
verbatim record of the proceeding is made, which record includes the testi y d evidence upon which
the appeal is to be based. A tape recording of this meeting is on file in.the City "IerWs Office.
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ATTEST: James E. Kirk, Mayor
Bonnie S. Thomas, CIVIC, City Clerk
APRIL 8, 1996 - REGULAR MEETING - PAGE 6 OF 6
Concurrency Page 23 - There was a lengthy discussion on Section 273 Responsibility
for Concurrency Management System. In keeping with the Comprehensive Plan the
language in paragraph Number One states that Public Works Director shall inventory
and maintain records concerning current available capacity for water supply, wastewater
disposal, solid waste disposal, storm water drainage, recreation open space, and traffic
circulation, and shall maintain records including: Quarterly summary on the available
capacities of all required public facilities; an annual report on available capacities and
public facility needs for the next five years.
The Council decided the Public Works Director is not the appropriate staff to handle the
information on the water, wastewater and solid waste. Since the formation of the Utility
Authority the City does not have the water and wastewater department. The Comprehen-
sive Plan will have to be amended in order to have the LDR's concur with the Compre-
hensive plan. The Council suggested amending the language to state that the City will
assist an applicant in getting that information from the Util;ty Authority, for example, take
the application to the Utility Authority office for processing.
This concludes the discussion for this workshop. The Council and Committee discussed
when the next workshop should be held, it was decided that it would be Monday, April
22, 1996 at 7:00 p.m. Mayor Kirk will not be in attendance but advised those present to
continue with the discussion.
Mayor Kirk adjourned the workshop at 9:20 p.m.
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