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1982-05-11 Regular Meeting3053 REGULAR MEETING TUESDAY, MAY 11, 1982 The City Council of the City of Okeechobee, Florida, met in regular session at 7:00 P.M., Tuesday, May 11, 1982, in the City Council Chambers, Okeechobee, Florida. Chairman /Mayor, Edward W. Douglas, presided with the following Councilmen present: Dowling Watford, Jr., Donald Burk, Oakland Chapman, and Jim Knight. Others present were: City Clerk, Bonnie S. Thomas; City Administrator, Richard C. Fellows; City Attorney, David Conlon; Director of Public Works, L. C. Fortner, Jr.; Fire Chief, Keith Tomey; and Deputy Clerk, Mary Ann Holt. Chairman Douglas called the meeting to order. Councilman Watford offered the invocation. The Pledge of Allegiance was given by all. APPROVAL OF MINUTES Chairman Douglas called for action on the minutes of the April 27, 1982, meeting. Attorney Conlon expressed a concern over the amount of discussion contained in the minu- tes stating there should be less discussion written when a chance of litigation exists. Following further discussion between Council Members, the Attorney and Clerk Thomas, Councilman Watford moved to table approval of the minutes, requesting the Clerk to rewrite the section concerning John Cassel's appearance before the City Council and summarize that section in conformity with the other sections of the minutes. Seconded by Councilman Burk. Motion carried. The minutes of the April 27, 1982, meeting will be presented at the May 25, 1982, meeting for approval. ALLEN MARKHAM - REQUEST TO CLOSE PORTION OF S. W. 16TH ST. RIGHT - OF -WAY BETWEEN 3RD AVE. AND 5TH AVE. Mr. Allen Markham appeared before the Council to request that a portion of the Southwest 16th Street right -of -way located next to his lots between Third Avenue and Fifth Avenue be closed. Mr. Markham stated he would be willing to pay for an appraisal of the property and also purchase the property from the City at a fair market value. Following discussion between members of the Council and Mr. Markham, Councilman Knight moved to allow Mr. Markham to pay for an appraisal of the property and advertise to receive bids on the property. After further discussion by Council Members, including discussion relative to the status of the title on the property, Councilman Watford seconded the motion. Further discussion re- sulted in Councilman Knight amending his motion to include the stipulation that the purchaser of the property be responsible for the appraisal. Considerable discussion ensued regarding the title search and type of conveyance the City could offer. Councilman Knight withdrew the motion on the floor. The consensus of the Council was to allow Mr. Markham to obtain information on the status of the title and come back to the Council at the May 20th workshop. PUBLIC HEARING AND FINAL READING OF ORDINANCES AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE Chairman Douglas informed the Council of four Ordinances for final reading and public hearing. Councilman Chapman moved to read the ordinances by title only. Seconded by Councilman Knight. Motion carried. 3054 82 -14 82 -14 82 -34 82 -13 ORDINANCE AMENDING CHAPTER 18, SECTION 18 -17 Chairman Douglas read the Ordinance by title only: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA: AMENDING CHAPTER 18, SECTION 18 -17 TO PROVIDE THAT CONNCECTION FEES SHALL BE BASED ON SIZE WATER METER: PROVIDING NEGOTIABLE FEES FOR CONNECTIONS REQUIRING METERS LARGER THAN TWO INCH: PROVIDING AN EFFECTIVE DATE. Following a brief discussion, Councilman Watford moved to adopt the ordinance. Seconded by Councilman Chapman. Motion carried. CHAPTER 18, SECTION 18 -29 Chairman Douglas read the Ordinance by title only: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA: AMENDING CHAPTER 18, SECTION 18 -29 PROVIDING FEES FOR TEMPORARY DISCONNECTIONS: PROVIDING AN EFFECTIVE DATE. Following a discussion, Councilman Watford moved to adopt the ordinance. Seconded by Councilman Chapman. Motion carried. CHAPTER 10, SECTION 10 -15 Chairman Douglas read the Ordinance by title only: AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA: AMENDING SECTION 10 -15 TO RE- CLASSIFY BARS AS BARS, COCKTAIL LOUNGES, PUBS AND SA- LOONS: RE- ESTABLISHING A FEE FOR THE OCCUPATIONAL LICENSE FOR SUCH CLASSIFICATION: PROVIDING A LICENSE FEE FOR CATE- GORIES AND CLASSIFICATIONS NOT OTHERWISE COVERED: PROVIDING AN EFFECTIVE DATE. Administrator Fellows informed the Council, "Providing a license fee for categories and classifications not otherwise covered" should be deleted, since it is provided for in Section 10 -16 of the ordinance. Councilman Knight moved to adopt the ordinance deleting "Providing a license for categories and classifications not otherwise covered ". Seconded by Councilman Chapman. Following a brief discussion, motion to adopt the ordinance was carried. Administrator Fellows stated he would make one clarification in that a package store which also allows the consumption of alcoholic beverages on the premises must purchase two occupational licenses, a merchant license for the package store and a bar license. ORDINANCE AUTHORIZING THE MAYOR AND THE CITY CLERK OF THE CITY OF OKEECHOBEE, FLORIDA, TO EXECUTE A FRANCHISE AGREEMENT BETWEEN THE CITY AND THE UNITED TELEPHONE COMPANY Chairman Douglas read the Ordinance by title only: AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK OF THE CITY OF OKEECHOBEE, FLORIDA, TO EXECUTE A FRANCHISE AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND THE UNITED TELEPHONE COMPANY OF FLORIDA: PROVIDING FOR THE TERMS OF THE FRANCHISE AGREEMENT TO BE INCLUDED AS PART OF THIS ORDINANCE: PROVIDING FOR A FRANCHISE FEE: PROVIDING FOR CONTROL AND REGULATION OF THE USE OF PUBLIC PROPERTY AND RESTORATION THEREOF: PROVIDING AN EFFECTIVE DATE. Chairman Douglas informed the Council that United Telephone had agreed to a fifteen year franchise. Council Members discussed the fact that U.T.S. no longer rents telephones to their customers. As a result of this discussion, Administrator Fellows recommended paragraph A (2) be changed to state "...equal to one percent (l%) of the Grantee's gross annual, local service generated from..." 3055 82 -14 82 -46 Following discussion relative to installation of underground wiring, Administrator Fellows recommended the following be added to (E): "The Grantee agrees to make all installa- tions underground after 6/1/82, unless otherwise approved by the City Council ". Councilman Burk noted the length of the franchise should be 15 years. Councilman Burk moved to amend the franchise as discussed. Seconded by Councilman Knight. Motion carried. Councilman Burk moved to adopt the Ordinance authorizing the Mayor and the City Clerk to execute a franchise agreement between the City of Okeechobee and the United Telephone Company. Seconded by Councilman Chapman. Motion carried. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 18, SECTION 18 -20 OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE Councilman Burk moved to read the Ordinance by title only. Seconded by Councilman Chapman. Motion carried. Administrator Fellows stated that after discussing the Ordinance with Director Fortner, he would recommend sub - section (b) be deleted and change sub - section (c) to (b) and amend it to read "All commercial accounts including coin laundry..." Chairman Douglas read the Ordinance by title only: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA: AMENDING CHAPTER 18, SECTION 18- 20 SUB - PARAGRAPH A TO REMOVE COMMERCIAL DESIGNATION FROM RESIDENTIAL CONNECTION FEES: AMENDING SECTION 18 -20 TO ADD A NEW SUB - PARAGRAPH C TO ESTABLISH A METHOD FOR SET- TING WATER DEPOSITS FOR ALL COMMERCIAL ACCOUNTS EXCLUSIVE OF COIN LAUNDRIES AND INDUSTRIAL CONSUMERS: PROVIDING AN EFFECTIVE DATE. Councilman Chapman moved to set the Ordinance for final reading and public hearing May 25, 1982. Seconded by Councilman Burk. Motion carried. RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR THE RELOCATION OF UTILITIES ALONG U. S. 441 SOUTH FROM THE CITY LIMITS TO THE LAKE Director Fortner informed the Council the D.O.T. had come up with plans to extend the four - laning of Highway 441 South to the Lake and there are unused funds which could be trans- ferred to our district to fund the project. Mr. Fortner advised the Council the State of Florida had requested the City of Okeechobee execute a Resolution Authorizing a Utility Agree- ment for the adjustment, change or relocation of certain utilities within the right -of -way limits. Council Members discussed the possibilities of sending representatives to Tallahassee in support of the extended four - laning project. Councilman Burk moved to grant Administrator Fellows and Director Fortner permission to travel to Tallahassee to represent the City of Okeechobee in a request to extend Highway 441 South and authorize Administrator Fellows to contact, by letter on behalf of the City Council, any other State authority, Senators and Legislators. Motion seconded by Councilman Knight and carried. Councilman Burk moved to adopt the Resolution Authorizing the Mayor and the City Clerk to execute a utilities relocation agreement between the City of Okeechobee and the D.O.T. Motion seconded by Councilman Chapman. Motion carried. I1 3056 82 -47 82 -27 FIRST READING REZONING REQUEST - Z. K. & EVA MAE WILLIAMS Chairman Douglas informed the Council of a first reading on an Ordinance to rezone Lots 1 through 12, Block 121, from RSF (Resdiential Single Family) to Commercial. Douglas noted the Planning and Zoning Board recommended this request for rezoning be denied. Following a brief discussion by Council Members, Councilman Knight moved to set the Ordinance for Public Hearing on June 22, 1982. Seconded by Councilman Chapman. Motion carried. DISCUSSION RELATIVE TO EXPANDING THE PAVED PARKING AREA EAST OF CITY HALL Chairman Douglas informed the Council of a request, made by the owners of the shopping center east of City Hall to pave a strip 66' by 150' to eliminate a dust and dirt problem. Administrator Fellows stated he had contacted Mr. Rhoden for a cost estimate. The estimate has not been received, however, Fellows indicated he anticipated it would cost approximately $2,500. Following further discussion, the consensus of the Council was to allow Administrator Fellows to contact the merchants in the shopping center for their consideration in splitting the cost of the paving with the City. DENNIS MULBERGER PROPERTY - SEWER LINE Director Fortner presented the Council with a map indicating the line running under the Mulberger building could be abandoned, providing the City install a small lift station in the alley located South of South Park and Southwest 8th Avenue and a 3" force main. Attorney Conlon informed the Council that Mr. Mulberger and other property owners have indicated they are willing to sign a document allowing the City access to maintain the sewer line. Council Members discussed whose responsibility the maintenance of the sewer line would become at the installation of the lift station. Councilman Burk moved to tenatively authorize the Director of Public Works, when all documents are in hand and approved by the City Council, to change the direction of the sewer line to the right -of -way North of North Park Street. Motion seconded by Councilman Knight. Following further discussion, Chairman Douglas called for a vote on the motion. Council- man Burk, Chapman, and Knight voted in favor of the motion. Councilman Watford opposed the motion. Motion carried. MEMBERS OF THE AUDIENCE TO ADDRESS THE COUNCIL ANDREW RUBIN Mr. Andrew Rubin addressed the Council in regard to the City supplying the Humane Officer with equipment to handle vicious dogs. Members of the Council assured Mr. Rubin the Humane Officer has access to backup from the Police Department and he can also requisi- tion any additional equipment he feels necessary. 3057 CORRESPONDENCE WITH DEPARTMENT HEADS A) CITY CLERK 1) WARRANT REGISTERS Clerk Thomas presented the Warrant Registers and supplements to the City Council for approval. Councilman Watford moved to approve the General Fund and Water and Sewer Warrant Registers as presented. Seconded by Councilman Burk. Motion carried. Clerk Thomas also presented to Council Members the Monthly Financial Statement represent- ing balances to date (through May 11, 1982), of all Revenues and Expenditures of the City for this fiscal year. These reports are made monthly and will be distributed to the Council periodically as specified by the Council to the Clerk. B) CITY ADMINISTRATOR 1) H.R.S. LEASE AGREEMENT Administrator Fellows informed the Council that Director Fortner had received the lease from the H.R.S. on the 400 acres of land at the Boy's School. Fellows also informed the Council it may be necessary for Mr. Fortner to hand deliver the application to the D.E.R. in Tallahassee as it must be there on or before May 15th. 2) NEW SENATE AND HOUSE DISTRICTS Administrator Fellows informed the Council, Okeechobee has been placed in new Legis- lative Districts. The House District is 77 and the Senate District is 13. 3) ONE CENT SALES TAX INCREASE Administrator Fellows informed the Council that when the one cent sales tax increase was passed, it provided that Counties could levy an additional one cent tax to fund arts, sports centers and recreation. If the County does not levy the tax, the largest municipa- lity within the County can. Fellows further stated if Okeechobee County does not levy the tax by the election of 1982, the City would then be in a position to levy the tax. CORRESPONDENCE WITH COUNCILMEN A) DONALD BURK 1) Councilman Burk requested Director Fortner to check into having trees and shrubs cleared from the corner of N. E. 6th Avenue and 3rd Street. 2) Councilman Burk stated he had visited the City Barn and felt the City had made an ex- cellent buy on the motor grader recently purchased. PERMISSION TO FENCE RIGHT -OF -WAY Administrator Fellows informed the Council he had been contacted by Mr. and Mrs. Gene Fulford requesting permission to fence the easement adjoining Lots 1 and 2 of their property. The City Council in February 1981, granted permission to fence the alley behind Lots 3, 4, and 5, off of S. E. 4th Street. Following discussion between Council Members, Councilman Chapman moved to authorize the Mayor and the City Clerk to execute a lease agreement with Mr. and Mrs. Fulford allowing them to fence Lots 1, 2, 3, 4, and 5, of their property. Motion seconded by Councilman Knight and carried. 3058 MEETING RECESSED There being no further matter of business to discuss at this time, Chairman Douglas recessed the meeting at 9:45 P.M. until 7:00 P.M., Thursday, May 20, 1982. ATTEST: Bonnie S. Thomas, CMC City Clerk City of Okeechobee /_ Edward W. Douglas Mayor /Chairman City of Okeechobee AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING MAY 11, 1982 7:00 P.M. 1. Invocation and Pledge of Allegiance Approval of the minutes of the regular meeting of April 27, 1982. III. Appearance by Allen Markham requesting a portion of Southwest 16th Street right-of-way be closed next to his lots between Third Avenue and Fifth Avenue. IV. Public hearing and final reading of an ordinance amending the Code of Ordinances of the City of Okeechobee, Florida amending Chapter 18, Section 18-17 to provide that connection fees shall be based on size water meter and providing negotiable fees for connections requiring meters larger than two inches. V. Public hearing and final reading of an ordinance amending the Code of Ordinance of the City of Okeechobee, Florida amending Chapter 18, Section 18-29 providing fees for temporary disconnections. VI. Public hearing and final reading of an ordinance amending Chapter 10 of the Code of Ordinances of the City of Okeechobee, Florida amending Section 10-15 to re-classify bars as bars, cocktail lounges, pubs and saloons; re-establish- ing a fee for the occupational license for such classification and providing a license fee for categories and classifications not otherwise covered. VII. Public hearing and final reading of an ordinance authorizing the Mayor and Clerk of the City of Okeechobee, Florida to execute a franchise agreement between the City of Okeechobee and the United Telephone Company of Florida; providing for the terms of the franchise agreement to be included as part of the ordinance; providing for a franchise fee and providing for control and regulation of the use of public property and restoration thereof. VIII. First reading of an ordinance amending the Code of Ordinances; amending Chaptei 18, Section 18-20 to provide increased deposits for commercial accounts for water, sewer and garbage and the setting of a public hearing for May 25, 1982. IX. Adoption of resolution authorizing the Mayor and Clerk to execute an agreement for the relocation of utilities along U.S. 441 South from the city limits to the lake. X. First reading of an ordinance rezoning lots 1 through 12, Block 121 which is property bounded on the south by 3rd Street Northeast, on the west by North- east Second Avenue, on the north by Northeast 4th Street and on the east by Northeast 3rd Avenue from RSF (residential single family) to c (commercial) for the purpose of building a hardware store and setting of a public hearing for June 22, 1982. XI. Discussion relative to paving Northeast 4th Avenue, a strip 66' by 150' to expand the parking area for City Hall and to eliminate dust and dirt coming from the unpaved portions. XII. Discussion relative to resolution of problem of sewer line underneath Mulberger building. XIII. Mayor to call on anyone in audience wishing to address the Council. XIV Mayor to call on City Attorney, City Clerk, City Administrator and Councilmen regarding requests and/or reports. XV. Adjournment.