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1982-07-13 Regular Meeting3097 3 82 -1 82 -60 REGULAR MEETING TUESDAY, JULY 13, 1982 The City Council of the City of Okeechobee, met in Regular Session at 7:00 P.M.; Tuesday, July 13, 1982, in the City Council Chambers, 55 South East 3rd Avenue, Okeechobee, Florida: Chairman /Mayor, Edward W. Douglas, called the meeting to order with the following Councilmembers present: Edward W. Douglas, Chairman /Mayor Donald Burk, Vice Chairman /Mayor Dowling Watford James H. Knight Oakland Chapman Others present were: Bonnie S. Thomas, City Clerk David Conlon, City Attorney Richard C. Fellows, City Administrator AGENDA ITEM #I - INVOCATION AND PLEDGE The Invocation was offered by Councilman Chapman, followed by the Pledge of Allegiance. AGENDA ITEM #II - APPROVAL OF MINUTES The minutes of June 22, 1982, were presented for the Council's approval. Chairman Douglas called for any corrections, additions or deletions. There being none, Councilman Burk moved to approve the minutes of June 22, 1982, seconded by Council- men Chapman /Knight. Motion carried. AGENDA ITEM #III - FEDERAL REVENUE SHARING FUNDS Public hearing of proposed uses for Federal Revenue Sharing Funds. Chairman Douglas informed the council, it is getting close to budget time again and there is a necessity for public hearings on finances of the City. Clerk Thomas explained the purpose of the FRS hearing as follows: "The purpose of this Public Hearing is to give all citizens of the City an opportunity to express their views on possible uses of the City's anticipated Federal Revenue Sharing Funds for the 1982/83 Fiscal year. The anticipated amount of funds available under Entitlement Period number fourteen which commences October 1, 1982, is $101,095.00. The public is invited to attend and comment orally. Final judgement of the Federal Revenue Sharing discrimination suit dated March 18, 1981, with the U.S. District Court for the Southern District of Florida in Miami and the City of Okeechobee, as outlined in the "Plan of Municipal Service Improvements ", adjudged and decreed as follows: 'The funding of said judgement to be from existing and future Revenue Sharing Funds'. A minimum of $10,000.00 of the anticipated revenues for Entitlement Period number fourteen will be used to flmd the final portions called for in the above outlined Plan of Municipal Service Improvements." Clerk Thomas concluded by requesting input from the citizens present at this time. Mr. Frank Horkott asked the Council to give additional consideration to providing upgraded street lighting as he had received complaints from people looking for his home stating it was so dark they could not discern the names on the street signs at night. Chairman Douglas asked for any further comments from the audience. There being no further comments the Public Hearing was closed with only one public request for 3098 82 -55 82 -14 for proposed use of the FRS Funds. Taking this request and the discrimination suit settlement amount into consideration the Council may allocate the remainder of its entitlement fourteen as it deems appropriate. AGENDA ITEM #IV - FINAL READING - OKEAIRCO ORDINANCE Chairman Douglas asked for a motion to read all four Ordinances, listed on the agenda, for final hearing by title only. Councilman Watford made a motion to have all Ordinances for final hearing read by title only, seconded by Councilman Knight. Motion carried. Public hearing and final reading of an Ordinance amending the cable T.V. franchise ordinance; amending Section 12 to allow an increase in basic subscriber rates from $8.95 to $9.50. Chairman Douglas read the Ordinance by title only as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 357 OF THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA BEING THE CABLE TELEVISION FRANCHISE ORDINANCE; AMENDING SECTION 12, SUB - PARAGRAPH (d) AND (e) TO PROVIDE AN INCREASE IN THE BASIC CABLE RATE TO CUSTOMERS; PROVIDING AN EFFECTIVE DATE. Chairman Douglas stated that OkeAirCo has provided the Council with the requested information to show they need a rate increase. Mr. Frank Wilbur, citizen, asked if OkeAirCo showed that they needed a rate increase? Chairman Douglas said yes OkeAirCo did show a loss and a need for an increase. Councilman Watford informed the Council that he received a copy of American Electronics Laboratories Report and for the past three years AEL has shown a loss. AEL blames this loss on UltraCom. Councilman Watford asked Mr. Morris about the free month plan. Mr. Morris said that anyone who pays for eleven months will receive the twelveth month free. This increase will not effect the customers that have already paid twelve months in advance. This increase will also not effect multiple hookups. It is just the basic rate increase. Councilman Chapman asked Mr. Morris to explain about the hookups on distance within the City. Mr. Morris said that OkeAir may make additional charges for anything over 100'. OkeAir does not make that charge unless it is over 400'. The basic tap has enough signal to run a maximum of 400'. Councilman Chapman stated he has never received any complaints on service. Following discussion Councilman Chapman made a motion that the final reading of this Ordinance, Cable T.V. franchise from $8.95 to $9.50 to amend section 12, seconded by Councilman Watford. Motion carried. AGENDA ITEM #V - FINAL READING OF ORDINANCE FOR WATER METER CHARGE PER DWELLING Public hearing and final reading of an Ordinance amending Chapter 18 of the Code of Ordinances of theCity of Okeechobee; amending Section 18 -18 and 18 -44 to provide T T1i 3099 3 82 -57 for charges on a per unit basis in those instances where a single meter serves a single building which contains multiple dwellings or multiple offices. Chairman Douglas read the Ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE II, SECTION 18 -18 AND ARTICLE III, SECTION 18 -44 TO PROVIDE FOR CHARGES ON A PER UNIT OR PER DWELLING BASIS; PROVIDING AN EFFECTIVE DATE. Mr. Frank Wilbur citizen, said he saw no necessity for this change. Director Fortner said where there is one meter for several trailers the Ordinance states there will be one meter for each trailer. In the past, where there is not a meter to each trailer, rather than make them put in additional meters the City is going to charge them per unit based on that one meter. Chairman Douglas said the City has had several problems where there is a 5/8" water meter hooked up to several residential units. Councilman Watford stated that he did not like the wording in the Ordinance of each lot. Director Fortner said two seperate offices on one meter will be charged two base rates. Councilman Watford stated he did not feel this was fair. Councilman Burk said that he feels this Ordinance is good. Unusual circumstances are minimum. Following discussion Councilman Chapman made a motion to adopt the final reading of an Ordinance amending Chapter 18 of the Code of Ordinances, seconded by Councilman Knight. Motion carried. AGENDA ITEM - FINAL HEARING - CITY ANIMAL CONTROL ORDINANCE Public hearing and final reading of an Ordinance amending the Code of Ordinances of the City of Okeechobee; amending Chapter 4 relative to animals; amending Section 4 -4 to clarify the wording and intent of the Ordinance as it relates to swine; amending section 4 to provide penalties for the creation of a public nuisance through noxious odors or other unsanitary conditions on property where said animals are kept; amending Section 4 -21 to provide the complaints may be filed with the Humane Officer and Code Enforcement Officer as well as police officers; amending Section 4 -23 to allow dog and cat licenses to be sold by the City's authorized agent; amending section 4 -31 requiring warnings to owners of dogs roaming the streets; providing in the instance of a second offense for the citation of the owner or owners. Chairman Douglas read the Ordinance by title only as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 4, SECTION 4 -4 SUB- PARAGRAPH (a) TO DELETE BOAR AND INSERT SWINE AS AN ANIMAL FROM RUNNING AT LARGE ON THE PUBLIC THOROUGHFARES OF THE CITY; TO PROVIDE DANGEROUS, VICIOUS, OR MISCHIEVOUS ANIMALS OF ANY SPECIES ARE PROHIBITED FROM RUNNING AT LARGE; AMENDING SECTION 4 -4 SUB - PARAGRAPH (b) TO PROVIDE FOR IMPOUNDMENT BY THE POLICE OR HUMANE OFFICER; AMENDING SECTION 4 -4 SUB - PARAGRAPH T 3100 82 -54 (d) TO PROVIDE ANIMALS UNDER THIS CHAPTER SHALL BE IMPOUNDED AT THE HUMANE SOCIETY OR OTHER APPROVED IMPOUNDING AREA AND SOLD AT PUBLIC SALE EITHER AT THE HUMANE SOCIETY OR SAID AP- PROVED IMPOUNDING AREA; CREATING SECTION 4 -9 PROVIDING THAT OWNERS WHO KEEP ANIMALS OF SPECIES INDICATED IN SECTION 4 -4 SUB- PARAGRAPH (a) SHALL BE GUILTY OF A PUBLIC NUISANCE IF SAID ANIMALS CAUSE NOXIOUS ODORS OR OTHER UNSANITARY CONDITIONS IN THE NEIGHBORHOOD WHERE THEY ARE KEPT OR PENNED; AMENDING ARTICLE II, SECTION 4 -21 TO PROVIDE COMPLAINTS MAY BE FILED WITH THE HUMANE OFFICER AND CODE ENFORCEMENT OFFICER AS WELL AS POLICE OFFICERS FOR VIOLATIONS OF THIS ARTICLE; AMENDING SECTION 4 -23 TO PROVIDE DOG AND CAT LICENSES SHALL BE ISSUED BY THE CITY CLERK OR THE CITY'S AUTHORIZED AGENT AS DESIGNATED BY THE CITY COUNCIL; AMENDING SECTION 4 -31 PROVIDING AN ADDITION TO SECTION 4 -31 REQUIRING A WARNING TO THE OWNER OF A DOG ROAMING THE STREETS AND FOUND ON THE OWNER'S PROPERTY (FIRST OFFENSE); PROVIDING IN THE INSTANCE OF A SECOND OFFENSE OR COMPLAINT FOR THE ARREST OF THE OWNER; PROVIDING AN EFFECTIVE DATE. Mr. Frank Wilbur, citizen, asked if animal licenses can be bought in the City. Chairman Douglas stated that you have to go to the County Humane Office. Councilman Burk asked Mr. Fellows if he had received complaints from people that could not get to the Humane Office and purchase their license? Mr. Fellows said there had been one complaint and the Humane Officer was handling it. Mr. Fellows said they are trying to work it out where the vets will sell the license also for more convenience to the public. Mr. Henry Kelly, citizen, gave the hours of the Humane Society for the benefit of those present as follows: closed Sunday and Monday - open Tuesday through Saturday from 9:00 A.M. to 4:00 P.M. Councilman Chapman asked Mr. Fellows if he had received complaints in regards to swine. Mr. Fellows has received two complaints as to pigs within the City. Mr. Fellows further stated, there is no reason why a few of the animal licenses could not be kept and sold at the City Hall. If the Council desires. Councilman Watford asked if the word arrest in the Ordinance actually meant to lock someone up. Mr. Fellows said it actually meant to give them a citation on the first offense. Councilman Watford asked if a complaint could be filed with someone other than the Police Department. Mr. Fellows said yes it can be filed with the Code Enforcement Officer or the Humane Officer. Councilman Burk made a motion to adopt the Ordinance, seconded by Councilman Chapman. Following further discussion Councilman Burk withdrew his motion and Councilman Chapman withdrew his second. Councilman Watford made a motion to adopt the Ordinance with the changing of the word arrest to citation, seconded by Councilman Burk. Motion carried. AGENDA ITEM #VII - FINAL HEARING - COP ORDINANCE Public hearing and final reading of an Ordinance creating new commercial zoning district to be called CPO ( commercial /professional- office). Planning and Zoning Board recommends approval. T Ti' 3101 82 -61 Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING APPENDIX A, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE SCHEDULE OF DISTRICT REGULATIONS TO CREATE THE NEW ZONING DISTRICT - COMMERCIAL, PROFESSIONAL /OFFICE (CPO); PROVIDING PERMITTED PRINCIPAL USES AND STRUCTURES; PROVIDING PERMITTED ACCESSORY USES AND STRUCTURES; PROVIDING PROHIBITED USES AND STRUCTURES; PROVIDING SPECIAL EXCEPTIONS AND REQUIRED SET- BACKS; PROVIDING LIMITATIONS ON SIGNS WITHIN THE DISTRICT AND MINIMUM OFF- STREET PARKING REQUIREMENTS; PROVIDING AN EFFECTIVE DATE. Chairman Douglas said for the information of those in the audience in regard to this new zoning classification it is for professional office buildings, a classi- fication the City did not have. Attorney Conlon said it is a mixture between RG -2 and Commercial. Councilman Watford asked why the maximum lot coverage under commercial is un- restricted, but under CPO it is 65 %. Is there some reason for that to be different than Commercial? Present in the audience was Mr. Darrell Ferneau, Member of the Planning Board, who was asked to respond, and said that he wanted it to be the same as Commercial. But, for some reason the Board wanted just 65% for CPO. Councilman Burk said because CPO is a new thing the Planning Board gathered in- formation from other communities and found out what their percentage was. Sixty -five percent is the most common percentage. Following discussion Councilman Burk made a motion to approve the Ordinance upon the recommendation of the Planning Board, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #X - FIRST READING - REZONING ORDINANCE Introduction of an Ordinance proposing to rezone Lots 10, 11 and 12, Block 177, located on the Northwest corner of S.W. 3rd Street and S.W. 5th Avenue from RG -2 to Commercial for the purpose of constructing an office, retail store and warehouse and setting of a Public Hearing for August 24, 1982. Planning and Zoning Board recommends approval. Councilman Watford made a motion for this Ordinance to be set for public hearing on August 24, 1982, seconded by Councilman Knight. Motion carried. Chairman Douglas read the Ordinance in its entirety as follows: AN ORDINANCE AIMMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COM- PREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL GENERAL -2 TO COMMERCIAL WHEREAS, application has been duly made to change the zoning classification as hereinstated, and WHEREAS, all public notices have been duly published according to law, and WHEREAS, public hearings have been held as required by Appendix A, the 3102 82 -62 Comprehensive Zoning Ordinance of the City of Okeechobee, and WHEREAS, after consideration of the requirements of the Comprehensive Zoning Ordinance and the land use plan of the City of Okeechobee as set out in the City of Okeechobee Comprehensive Plan and further after consideration of the public's interest it is deemed to be in the best interest of the City of Okee- chobee to change the zoning classification of the land lying within the limits of the City of Okeechobee as herein stated; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. SECTION 1. That the following described real property is hereby rezoned from Residential General -2 to Commercial: Lots 10, 11 and 12, Block 177, City of Okeechobee. Three lots measuring 150 ft by 142.5 ft. located on the Northwest corner of intersections of South- west 5th Avenue and Southwest 3rd Street. SECTION 2. That the application requesting this zoning change and proof of publication for any and all public hearings in connection herewith shall be attached to and become a part of this Ordinance. SECTION 3. The Zoning Administrator shall make the appropriate change on the city's zoning map in accordance with this ordinance. SECTION 4. This ordinance shall become effective immediately upon its adoption. Introduced on first reading and set for public hearing this 13TH day of JULY , 19 82 . EDWARD W. DOUGLAS Mayor ATTEST: BONNIE S. THOMAS City Clerk Introduced and passed on second and final reading this 24TH day of AUGUST , 19 82 EDWARD W. DOUGLAS Mayor ATTEST: BONNIE S. THOMAS City Clerk APPROVED AS TO FORM: DAVID CONLON City Attorney AGENDA ITEM #VIII - NURSING HOME - REQUEST FOR SEWER Discussion by the Council on an application by Harvey Hamrick, Jack Williamson and other members of that board, for authority to utilize an existing stub out to a lift station at H.H. Raulerson, Jr. Memorial Hospital, to discharge sewage from a proposed 60 bed nursing home for treatment by the City Sewage Treatment Plant. 3103 Mr. Jack Williamson said they have from the State of Florida, received a Certificate of Need for a 60 bed acute care nursing home in Okeechobee County. The group attempting to develop this is Mr. and Mrs. Henry Kelly, Doctor and Doctor Aragon, Doctor and Doctor Garcia, Doctor and Doctor Ladia, Harvey Hamrick and Mr. and Mrs. Jack Williamson. It would be located just south of the present H.H. Raulerson Hospital. There is an existing sewer stub out that Mr. Hamrick made with H.C.A. When they built the hospital they extended a stub out and capped it over on his (Hamrick's) property. The Board is requesting the possibility /feasibility of the City handling the nursing home sewage. Councilman Burk asked Mr. Williamson what period of time would be involved before they would actually need sewer flow. Mr. Williamson said approximately nine months. Capacity needed is approximately 24,000 GPD to be reserved. Mr. Williamson stated they want to build 20 units which would be five buildings with four individual dwelling units per building for housing of nurses and nurses aides. Councilman Burk asked Director Fortner if the existing lift station will handle another load of 24,000 gallons per day? Director Fortner said yes, the existing lift station could handle an additional 24,000 gallons per day. Councilman Burk asked with this additional flow going into that lift station, do we need anything to force it on through, so if we accepted this additional flow the City would have no expenditure this side of the lift station? Councilman Burk further asked how many gallons are available? Director Fortner said right now with the excess of rain the City is over the plant capacity. Director Fortner said he would like to have the engineer study the plant and make some modifications to it. Mr. Fortner doesn't feel this plant will adequately treat and satisfy DER requirement of 90% removal at 300,000 gallons per day consistantly. Director Fortner said he has applied for a DER permit to operate our plant. The City was denied that. A temporary permit has been applied for. Councilman Watford asked what the situation is on the 201 Program? Director Fortner stated there are no 201 funds available. Mr. Harvey Hamrick stated he felt this would be a beneficial facility for the City and a source of income. Councilman Watford asked Mr. Hamrick if their group would consider allowing that area to be annexed into the City. Mr. Hamrick said that would be entirely up to the Board. Mr. Hamrick said it would have to go before their Board for consideration. Mr. Williamson asked if their chances would be better of getting Council approval if they were in the City limits? Councilman Watford said because the sewer plant is at peak capacity he feels City customers should come first, when considering sewer hook -up reqeusts. 3104 82 -62 82 -13 Mr. Williamson asked the Attorney what the legality is as to the increase of the City limits. Attorney Conlon said there is a voluntary annexation statute. Chairman Douglas said there were previous requests for City sewage in the County before the Resolution of 1979 was made. Chairman Douglas stated that he doesn't think it would be a wise decision for the Council to make an allocation until the City hears from DER.` Following much discussion the Council decided to have the Engineer report on the sewer capacity, get the permit from DER and for Mr. Williamson to have his Board meet on the possibility of annexation. Mr. Williamson advised, he was instructed to offer the Council a compromise from the Board of Directors present. They would agree to voluntary annexation to the City, if they had the assurance from the Council the necessary gallonage would be set aside. The Council asked the Attorney to look into the legal ramifications. Chairman Douglas said a workshop will be set up when the City hears from DER. AGENDA ITEM #IX - PANCAKE HOUSE - REQUEST FOR SEWER Discussion by the Council on an application by Louis DeMicco for reservation of sewage plant capacity for construction of a Pancake House on U.S. 441 South across from the Brahman Theater. Mr. Louis DeMicco spoke regarding his request for 2,500 gallon per day sewage capacity for the construction of a pancake house on U.S. 441 South to be located approximately 700 feet from the lift station. Chairman Douglas informed Mr. DeMicco that the previous decision would apply to him also. The Council can not make a decision until the permit from DER is received and the Engineer makes his report. AGENDA ITEM #XI - UNITED TELEPHONE FRANCHISE Discussion was held by Council and United Telephone concerning the wording "local service revenue" in the new telephone franchise and a further request to amend the franchise in reference to requiring Council approval on any construction not underground. Mr. Ed Beaver and Mr. John Green appeared representing the United Telephone Company. Mr. Ed Beaver informed Council that the only problem they had with the Franchise was the request that "all new service be installed underground after June 1, 1982, unless otherwise approved by the City Council." Chairman Douglas said that most of the new services are installed underground. Mr. Beaver said that the primary construction method throughout the industry is underground. It is the cheapest way to go. The major problem through the nature of the business sometimes it is not feasible to do all new service underground. 3105 Mr. Beaver said if United Telephone has to come before the Council on every occasion an aerial facility is needed, they will be at every Council meeting. At this time they are providing telephone service within a thirty day period. Mr. Green said that they could accept the language that "where economically feasible the lines will go underground ". Over the last five years 80% of their facilities have gone underground. Mr. Beaver does not feel the Franchise is the place to address this issue. Councilman Watford asked if they would agree for it to be approved by Director of Public Works instead of the Council? Mr. Beaver feels it would just be another road block in the process of providing telephone service to the customer. Councilman Watford asked if they felt the Council was not entitled to know what is going where? Councilman Burk said the reason for the change in the Franchise is to try and get rid of so many lines in the sky. Mr. Green said he would have no problem going to the Director of Public Works. Mr. Beaver stated he thought an Ordinance would be more appropriate. Councilman Burk stated how the Council stands and the Council's right to expect a certain amount of consideration. The Franchise does not say "come before the Council ". The City has a perfectly qualified City Administrator, whenever there is a question about something it doesn't have to come before the Council. It is a simple process discussing the problem with Mr. Fellows or Mr. Fortner. When it is necessary they bring it before the Council. Mr. Beaver said he would rather go ahead and build it and go back and correct the one out of a hundred that the City might request. Mr. Green asked if the other utilities in the City are required to get a permit. Attorney Conlon said that the City is renegotiating all their franchises. Chairman Douglas asked if the Council meant every work order or just the aerial ones. Attorney Conlon gave three recommendations: 1) Put the language in that they have to have Director Fortner sign all aerial permits, 2) Put language in that where economically feasible they agree to use all their best efforts to go underground, or 3) Have nothing in there and go to a permit Ordinance that would effect everybody. Chairman Douglas asked Mr. Beaver if on any projected projects that would require aerial work in the engineering phase to have it given to the Director of Public Works and if there were any questions he could get back with the phone company. Councilman Burk asked if they could agree for it to read "by the City Council or Council's authorized representative." Following much discussion the Council changed the Franchise to read "by the City Council or Council's authorized representative" and for Director Fortner to sign all permits for aerial work. 3106 82 -6 Mr. Beaver said he will take it before their legal department and see if they agree with the change. AGENDA ITEM #XII - MAYOR TO CALL ON AUDIENCE Mayor to call on anyone in audience wishing to address the Council. There were none. AGENDA ITEM #XIII - MAYOR TO CALL ON CITY ATTORNEY, CITY CLERK, CITY ADMINISTRATOR, AND MEMBERS OF THE COUNCIL FOR REPORTS AND /OR REQUESTS AND MEMBERS OF THE COUNCIL FOR REPORTS AND /OR Mayor Douglas spoke in appreciation to the Fire Department auxiliary, a big thank you, for the Fourth of July activities. Attorney Conlon said there has been a summary judgement in the LaGrow case. It will be a jury question as to whether or not the City Engineer issued a certificate within the meaning of the contract to LaGrow and if the City Engineer did, then LaGrow is out of the case, if the engineer did not then LaGrow is in the case. Administrator Fellows submitted a request from Leiutenant Retuebuch who has been advised by his doctors to retire from the Fire service. Mr. Retuebuch wishes to maintain his life insurance and hospitalization insurance with the City after retiring and pay the City the cost of maintaining life insurance and hospitalization insurance. The Council authorized Mr. Fellows to check into the possibility of drawing up a policy to this effect for the next meeting. AGENDA ITEM #XIV - ADJOURNMENT There being no further business the meeting was adjourned at 10:30 P.M. ATTEST: Bonnie S. Tho .s, CMC City Clerk City of Okeechobee ward Douglas Chairman /Mayor City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE OFFICE OF THE CITY CLERK. REGULAR MEETING TUESDAY, JULY 27, 1982 The City Council of the City of Okeechobee, met in Regular Session at 7:00 P.M., Tuesday, July 27, 1982, in the City Council Chambers, 55 Southeast 3rd Avenue, Okeechobee, Florida. Vice Chairman /Mayor Donald Burk, called the meeting to order with the following Councilmen present: Donald Burk, Vice Chairman /Mayor Dowling Watford Oakland Chapman James H. Knight Chairman /Mayor Edward W. Douglas was absent. AGENDA CITY COUNCIL CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING JULY 13, 1982 7:00 P.M. 1. Invocation and Pledge of Allegiance Approval of the minutes of the regular meeting of June 22, 1982. III. Public hearing of proposed uses for Federal Revenue Sharing Funds. IV. Public hearing and final reading of an ordinance amending the cable T.V. franchise ordinance; amending Section 12 to allow an increase in basic subscriber rates from $8.95 to $9.50. V. Public hearing and final reading of an Ordinance amending Chapter 18 of the Code of Ordinances of the City of Okeechobee; amending Section 18-18 and Section 18-44 to provide for charges on a per unit basis in those instances where a single meter serves a single building which contains multiple dwellings or multiple offices. VI. Public hearing and final reading of an Ordinance amending the Code of Ordinances of the City of Okeechobee; amending Chapter 4 relative to animals; amending Section 4-4 to clarify the wording and intent of the Ordinance as it relates to swine; amending Section 4 to provide penalties for the creation of a public nuisance through noxious odors or other unsanitary conditions on property where said animals are kept; amending Section 4-21 to provide the complaints may be filed with the Humane Officer and Code Enforcement Officer as well as police officers; amending Section 4-23 to allow dog and cat licenses to be sold by the city's authorized agent; amending Section 4-31 requiring warnings to owners of dogs roaming the streets; providing in the instance of a second offense for the citation of the owner or owners. VII. Public hearing and final reading of an Ordinance creating new commercial zoning district to be called CPO (commercial/professional-office). (Planning and Zoning Board recommends approval) VIII. Discussion by the Council on an application by Harvey Hamrick, Jack Williamson and others for authority to utilize existing stub out to lift station at H.H. Raulerson Jr. Memorial Hospital to discharge sewage from proposed 60 bed nursing home for treatment by City Sewage Treatment Plant. IX. Discussion by the Council on an application by Louis DeMicco for reservation of sewage plant capacity for construction of a pancake house on U.S. 441 South across from the Brahman Theater. X. Introduction of an Ordinance proposing to rezone lots 10, 11, and 12 block 177 located on the Northwest corner of SW 3rd Street and SW 5th Avenue from RG-2 to commercial for the purpose of constructing an office, retail store and warehouse and setting of a Public Hearing for August 24, 1982. (Planning and Zoning Board recommends approval) XI. Acceptance by United Telephone of the wording "local service revenue" in new telephone franchise and a further request to amend the franchise in reference to requiring Council approval an any construction not underground. XII. Mayor to call on anyone in audience wishing to address the Council. XIII. Mayor to call on City Clerk, City Attorney, City Administrator and members of the City Council for reports and/or requests. XIV. Adjournment