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1983-07-25 Regular Meeting3332 83 -2 83 -67 83 -30 REGULAR MEETING MONDAY, JULY 25, 1983 The City Council of the City of Okeechobee, Florida, met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida, at 7:00 P.M. Chairman /Mayor Edward W. Douglas called the meeting to order with the following members present: Edward w. Douglas, Chairman /Mayor Jim Knight, Vice Chairman Dowling Watford, Jr. Oakland Chapman Oscar Thomas Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney L.C. Fortner, Jr., Director of Public Works James Broome, Consulting Engineer Larry Mobley, Police Chief L. Keith Tomey, Fire Chief J. Mallette Westbrook, Building Official Rosemary Lear, Executive Secretary Janice M. Mann, Deputy Clerk AGENDA ITEMS #II & III - INVOCATION AND PLEDGE The Invocation was offered by Mayor Edward W. Douglas followed by the Pledge of Allegiance. AGENDA ITEM #IV - APPROVAL OF MINUTES With no corrections, additions or deletions needed, Councilman Knight moved to approve the minutes of the June 20, 1983 Regular Meeting and the June 29, 1983, Special Meeting as presented, Seconded by Councilman Watford. Motion carried. AGENDA ITEM #V - REZONING REQUEST - HAMRICK Chairman Douglas noted receipt of the request for rezoning a portion of the nursing home propePty at the north City Limits from Commercial to Commercial /Professional /Offices (CPO). The Planning Board recommended the City Council grant the request. The title was read as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINI- STRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM COMMERCIAL TO CPO. The floor was opened for discussion. Councilman Watford moved to set the Second and Final Hearing for September 12, 1983, (September 5th being Labor Day), Seconded by Councilman Thomas. Councilman Watford asked if the Special Exception, pertaining to this same request, was granted contingent on the rezoning being granted. Attorney Conlon advised that both requests were granted contingent on each other. No further discussion, the vote on the motion to set for Public Hearing carried. AGENDA ITEM #VI - FIRST READING - ORDINANCE ALLOWING QUALIFIED COUNTY ELECTORS, OWNING CITY PROPERTY, TO VOTE IN CITY ELECTIONS Chairman Douglas introduced an ordinance amending the Charter of the City of Okeechobee to allow owners of real property within the City limits who are qualified County electors to vote in City elections. The title was read as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING AMENDING ARTICLE III, SECTION 11 TO PROVIDE THAT PERSONS WHO ARE BONA FIDE OWNERS OF REAL PROPERTY WITHIN THE LIMITS OF THE CITY OF OKEECHOBEE ARE ALSO QUALIFIED ELECTORS OF THE CITY OF OKEECHOBEE; PROVIDING AN EFFECTIVE DATE. The floor was opened for discussion. Councilman Knight moved to set a Second and Final Hearing for August 15, 1983, Seconded by Councilman Watford. Councilman Watford asked if it will be limited to residents of Okeechobee County. Admi- nistrator Fellows suggested several alternatives which the Council discussed. 1 1 T ill _ rr 3333 3 83 -68 83 -12 Citizen Andy Rubin commented that the law was changed primarily for the businessmen of the City, to enable them to have a say in City government. The Chair was called for a vote on the motion to set the proposed ordinance for Public Hearing. Councilmen Watford and Knight voted Yes. Councilmen Chapman and Thomas voted No. Chairman Douglas voted Yes. Motion carried. AGENDA ITEM #VI - MARVIN WHERRELL, JR. - FENCING OF A PORTION OF AN ALLEYWAY Chairman Douglas opened the floor for discussion on a request by Marvin Wherrelj,Jr., to allow the fencing of the northend of an alley running off southwest third street into the back of his Auto Parts Story:. Councilman Chapman asked that Administrator Fellows review the events to date. Fellows explained, "Complaints were received from several of the surrounding residents that the alley (running east and west from third avenue to second avenue between second and third streets southwest) had been fenced in and creating problems. We had informed Mr. Wherrellthe fence would have to be removed but he objected due to the fact that the City had a sewer line in the ground on the west side of his property for which we had never obtained an easement. An easement has been drawn up to be executed, afterwhich the Council could decide whether or not the fence could be left up in exchange for the easement. Mr. Wherrell did not agree with the terms of the easement, therefore, the attorney was asked to research the law to determine whether or not the City had a prescriptive easement, due to the fact that it had used the property with the knowledge of the owner, for more than twenty (20) years. The City does in fact have a prescriptive easement. Mr. Wherrell was asked to appear before the Council to request permission to leave the fence on the alley." Mr. Wherrell noted it was a "T" alley and a portion of the alley was fenced to obtain additional parking for his Auto Parts Store. Mr. Nick Collins, adjoining property owner, stated that before the fence was there he was able to keep the grass mowed and the area clean, now he cannot. The dumpster located there is also creating a problem and should be moved. The Council discussed the matter at length. A compromise was suggested to either install a gate to gain access to mow or move the dumpster. The Council also discussed the possibility of paving the alley due to the heavy traffic. Councilman Watford stated that two problems have arisen at the same time, 1) The fencing of an alley, and 2) the need for an easement agreement. At the same time the agreement is signed allowing the fence to remain, the City should have a statement acknowledging their right to the easement of the sewer. In regards to the possibility of paving the alley, Administrator Fellows was instructed to contact the owners of the surrounding businesses to share in the cost (1/3 - City - 1/3 Mr. Wherrell, 1/3 - Other owners). Council then agreed unanimously to allow the fence to remain with the installation of a gate in exchange for the signing of an easement. AGENDA ITEM //VIII - MAYOR TO CALL ON AUDIENCE Chairman Douglas called on anyone in the audience wishing to address the Council. No response. AGENDA ITEM #IX -MAYOR TO CALL ON CITY CLERK, CITY ATTORNEY, CITY ADMINISTRATOR AND COUNCILMEN FOR REPORTS AND /OR REQUESTS. CITY CLERK Clerk Thomas presented the General Fund, Water & Sewer Fund and I & S Refunding Bonds Warrant Registers for Council's approval. CITY ADMINISTRATOR - HUMANE SOCIETY Administrator Fellows presented a request from the Humane Society for an additional Two Hundred Fifty Dollars ($250.00) for August and September for food, medical supplies and euthanasia. Fellows noted the monies can be taken from contingency. 1 1 I TIE 14 r 3334 83 -18 Councilman Chapman moved to give the Humane Society the additional funds for August and September, finishing out the Fiscal year, Seconded by Councilman Thomas. Following brief discussion, the vote on the motion carried. COUNCILMAN WATFORD- CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Councilman Watford noted that the Central Florida Regional Planning Council will meet next Wednesday in Wauchula. COUNCILMAN WATFORD - SOUTH FLORIDA WATER MANAGEMENT Councilman Watford expressed concern regarding the six (6) seats of the South Florida Water Management District that are up for appointment. It is particularly important for Okee- chobee County to have a representative, and asked that the Mayor contact the Governor and urge him to reappoint Aubrey Burnham, the current member from Okeechobee. The Council agreed un- anumously. CITY ADMINISTRATOR - CITY SIGN Administrator Fellows displayed an artists drawing of a sign to be placed in the newly landscaped median on South 441, if Council so desired. The Council instructed the Administrator to find out the cost of the sign and report back at a later date. CITIZEN ANDY RUBIN Andy Rubin asked to be allowed to speak, noting he had missed the call for audience parti- cipation. The Chair recognized Mr. Rubin. Rubin reported that the food distribution program for Okeechobee County has been discontinued and thanked the City Council for its contributions. FIRE CHIEF - VOLUNTEER FIREMEN Fire Chief Tomey advised the Council that eight Volunteer Firefighters have begun a course at Indian River Community College to become certified volunteers by the state. And as the final phase of their training, on August 13th, (with written permission of the owners) a house on 441 North will be burned. COUNCILMAN KNIGHT - WARRANT REGISTERS Councilman Knight moved that the Warrant Registers be approved as presented, Seconded by Councilman Watford. Motion carried. AGENDA ITEM #X - ADJOURNMENT There being no futher business the meeting adjourned at 8:10 P.M. ATTEST: Bonnie S. Thomas, CMC City Clerk City of Okeechobee e:-.;:rn%1 and W. D uglas, D. Chairman /Mayor City of Okeechobee THERE IS A TAPE OF THIS MEETING INITS ENTIRETY ON FILE IN THE CLERK'S OFFICE. AGENDA CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING JULY 25, 1983 7:00 P.M. I. Call to Order II. Invocation - Mayor Edward Douglas III. Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the regular meeting of June 20, 1983, and Special Meeting of June 29th. V. Receipt of Recommendation from Planning and Zoning Board relative to a request for rezoning a portion of the nursing home property at the north city limits from commercial to CPO and setting a Public Hearing for September 5, 1983. VI. Introduction of an Ordinance amending the Charter of the City of Okee- chobee to allow owners of real property within the City limits who are qualified County electors to vote in City elections. VII. Discussion on a request by Marvin Wherrell, Jr., to allow the fencing of the northend of an alley running off southwest third street into the back of his Auto Parts Store. VIII. Mayor to Call on Anyone in the Audience wishing to address the Council. IX. Mayor to Call on City Clerk, City Attorney, City Administrator and City Councilmen for reports and /or requests. X. Adjournment.