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1978-02-28 Regular SECOND REGULAR MEETING TUESDA~ FEBRUARY 28~ 1978 The City Council of the City of 0keechobee, Florida, convened in Regular Session in the Council Chambers at the City Hall, Okeechobee, Florida, at 7:00 P.M., February 28, 1978. President Russell V. Domer presiding. Councilmen Edward W. Douglas, Jim Knight and Lytle Raulerson were present. Councilman Lavon Bass was absent. Others present were: Audley Dunham, Mayor; Sandra Bennett, City Clerk; David Conlon, City Attorney; L. C. Fortner, Director of Public Works; 01eh Godwin, Fire Chief; Richard B. Spray, Building Official; Sylvia Christian, Deputy Clerk and Shirley Williams, Deputy Clerk. The Invocation was offered by Councilman Edwmrd W. Domglas. APPROVALj OF MINUTES It was moved by Councilman Douglas, seconded by Councilman Raulerson and vote carried that the Minutes o£ February 14, 1978 be approved as recorded. PUBLIC HEARING ZONING ORDINANCE - MESERVE - FINAL HEARING President Domer presented the final reading on rezoning of property described as Lot 3, Block 1, South 0keechobee, located at the corner of South West 8th Street and South Parrott Avenue, from Residential (R-l) to Commercial. President Domer asked if there were any objections to the requested rezoning. No objections were heard or filed. Councilman Raulerson moved to rezone the above described property as requested and to amend Ordinance No. 271, seconded by Councilman Knight and vote carried. PUBLIC HEARING ZONING 0RDIN~NCE - JENKINS - FINAL HEARING President Domer presented the final reading on rezoning of property described as Beginning at a point 330 feet south of the north west corner of the south west Quarter (SW~) of South East Quarter (SE~) of Section 22, Township 37 ~o~th, range 35 east and run thence south 132 to a point, thence run east 165 feet to a point thence run north 132 feet to a point, thence run west 165 feet to a point. Containing one-half (½) acre, from Agriculture t o Residential (R-l). President Domer asked if there were any objections to the requested re- zoning. No objections were heard or filed. Councilman Douglas moved to rezone the above described property as re- quested and to amend Ordinance No. 271, seconded by Conncilman Raulerson and vote carried. 2234 CHAMBER OF COM~ERCE Mr. Steve Kohn appeared before the Council submitting wri~ien Park Rules and Regulations for Speckled Perch Festival and Labor Day Barbecue, --~ and for the Chamber to have monoply over the Park these two days. Councilman Raulerson stated that according to the City Charter the Mayor was in charge of the Park. President Domer questioned the Mayor if he concurred with allowing the Chamber to have charge of the Park these two days if it was done on an annual basis. The Mayor gave his concurrence. Councilman Knight moved to grant the Chamber monoply of the Park on ~these two_days renewable on an annual basis, secQnded by Councilman Raulerson and vote carried. ALLEYWAY OPENING REQUEST Mr. Marvin Wherrell~ Jr. appeared before the Council requesting that the alleyway in Block 175 be opened as he needs the access for Delivery Trucks to enter the rear of his building. The persons appearing in opposition were Nick Collins and Peggy Hudson. President Dmmer questioned if the trucks could not enter to the rear of the store from the alleyway opened from Highway 441 back. Mr. Wherrell stated that he is adding twenty-five feet to the rear of his store and there will not be enough room for the trucks to turn around. President Domer stated that the alley runs very close to Mrs. Collins home, and he thought at the time if there was any other way that it could be worked out it would be very humane to not open the alley unless it was absolutely necessary. He also stated that if Mr. Wherrell has no other way to get to the rear of his store this puts the Council into a position of having to open the existing alley. Councilman Knight suggested putting a gate over the alleyway. Discussion with the Attorney proved a gate could not be put over the alley. Councilman Raulerson disqualified himself from speaking. Councilman Douglas stated that legally the alley could not be kept closed. Councilman Knight questioned if making the alley one way would solve the problem. Following a ~engthy discussion Councilman Knight moved to open and make~lthe alley one way from West to East and authorize Director Fortner to install necessary one way signs~ do not enter signs and remove water me~e~s, seconded by Councilman Douglas and vote carried. MERCHANTS DOING BUSINESS OUT OF AUTOMOBILES Mr. Robert Black, owner of Al's Trading Post, appea~d before the Council in objection to persons being allowed to have road side sales. He questioned if this could be stopped. 2235 President Domer stated that under state law vegetable stands could not be stopped but this type of pottery, if there is any type of Ordin- ance or State Law that would ~erbid the City from controlling this. Following discussion, Attorney Conlon to investigate and report at the next meeting. FIRE DEPARTMENT Fire Chief, 01on Godwin, Submitted!the following items for dis- cussion or approval: 1. EMPLOYEE EVALUATION - FIRE Chief Godwin submitted an Employment Evaluation on Jowell L. Bass for the Councils approval. Fireman Bass has been employed, lwith the City for six months and has completed schooling. Councilman Raulerson moved to make Fireman Bass a permanent em- ployee with a salary increase of $577.20, to $8,125.20 per year, seconded by Councilman Knight and vote carried. WATER~ SEWER AND STREET DEPARTMENTS L. C. Fortner, Director of Public Works, submitted the following items for discussion or approval: 1. WATER LINE TO NEW JUNIOR HIGH SaH001, Director Fortner reported that Richmond Company had~not completed their work on a Water Line to the New Junior High School. This~.work should have been completed two years ago, and the School Board is still holding 10~ of their Contract Money. Me stated that City Employees had to com- plete two items: (1) properly install hydrant ~and (2) locate the valve that would shut the hydrant off in an emergency. Attorney Conlon. stated the School Beard should transfer the money to the Water Department Maintenance Account, and to put on their check "Contract Porfeiture". He stated that the Penalty Clause was never certified by the Contractor. Attorney Conlon to contact the School Board. 2. SOUND SYSTEM - COUNCIL ROOM Director Fortner reported that he had contacted a Company in West Palm Beach for a Sound System in the Council Room. He submitted a letter from Peerson Audio, Inc. which stated they would deduct $325 dollars from the fee ~f they were awarded the contract. The $525 dollars would be the fee for drawing the specifications. Action postponed until chairs and carpet are installed. 5. STATE 0F FLORIDA - SI~N SURVEY Director Fortner stated that their were no State Funds available for a sign survey. President Domer stated that ~e had spoken with Dr. Bartley and he is to look into it. 2236 Further discussion at a later date. C~TY CLERK Depmty Clerk, Sylvia Christian, submitted the following items for discussion or approval: 1. COPIER Deputy Clerk Christian stated that the City might have a buyer for the old copy machine. She questioned if the Council wished to readvertise? Presidemt Domer asked if it had been advertised the second time? It had not. Following discussion Councilman Raulerson moved to readvertise bids for copier with~ a minimum bid of $750 dollars~ seconded by Councilman Douglas and vote carried. 2. REZONING APPLICATION Deputy Clerk Christian submitted a rezoning application from B.P. and Nora Abney, requesting the Council to advertise and rezone from Residential (R-l) and Industrial to Residential (R-3), all of Blocks 4, 13, 12, 29, 21, 22, 11, and 20, City of 0keechobee. B~ocks 11 and 22 and Lots 12 and 13 Block 20 are presently zoned Industrial. Councilman Raulerson stated that he thought there was a moratorium hold on all rezonings until after the ~earings on the new zoning plan. President Domer stated that he thought the moratorium was to hold off on rezoning any propoerty after it had been advertised. Following discussion Councilman Raulerson moved to instruct the De- puty Clerk to proceed with notification to the owner and to advertise the public hearing, seconded by Councilman Knight and vote carried. 3 · RESIGNATI ON City Clerk, Sandra Bennett, re-submitted her resig~nation, effective March 3, 1978. Councilman Knight moved to accept Clerk Bennett's resignation, sec- onded by Councilman Raulerson and vote carried. 4. SPECKLED PERCH PARADE Deputy Clerk Christian submitted a. letter from Steve Kohn, President of the Ct~mmber of Commerce, requesting each Councilmen's appearance to ride in the Speckled Perch Parade to be held on Saturday, March ll, 1978 at 10:30 R.M. President Domer asked those who would be able to ride in the parade to contact Steve Kohn. 5. DEPARTMENT OF COMMUNITY AFFAIRS Preside~lt Domer discussed a letter from the D~partment of Community Affairs pertaining to the 701 Planning Assistance for HUD requirements, along with application blanks~ pertaining to Comprehensive Planning. The Council had agreed not to participate. 2237 6. MUNICIPAL CODE CORPORATION Deputy Clerk Christian submitted a letter from the Municipal Code Corporation and an updated proposal. Presidem~ Domer stated that the Council had agreed to postpone action until they see how the consolidation effort seems to be going. U.S. ARMY CORPS OF ENGINEERS President Domer stated that a representative fr~m the Corps of En~ine- ers had come by to see him and had given him some information pertaining to dredging and filling. He stated that he had heard about some discussion at a Council Meeting per~.ainin~ to the cleaning of canals in the Wilcox Shores area. He wanted it understood that a permit would have to be pur- chased before this could be done. Mr. Domer stated that he had been informed ' that there are grants available through the Department of Natural Resources in Tallahassee. President Domer requested the Councils approval for him to contact someone in one of the Dredgin~ Companies to look at our situation. He also stated the County would assist in any way possible. The Council agreed to authorize Mr. Domer to investigate. WATER METER Councilman Raulerson stated that he had paid a Water Bill under pro- test. He had put in an application for a Water Meter and three weeks later it was installed. The following day the meter was read and the water had never been turned on. He questioned if there was some way this could be eliminated. He f~t the person should have use of the Water Meter before he pays the first months water bill. President Domer questioned the basis of the Policy~ if it was from the date he applied for the meter. Director Fortner stated that normally when a person ties on tb the meter and-starts using the water if they are there a p~mtion of the month they pay so much for so many days use. If they are there three weeks out of the month they pay for a full momth. Councilman Raulerson stated that the water had never been run through the meter. He stated that the c~rd had read ~ but there was a minimum six dollar water bill for the use of the meter. He mentioned that some people would really put up a fuss about this type of situation. Director Fortner stated there is a chart that lists the price of water per day, for the use of the meter for that p~rtion of the month. President Domer questioned if the records showed the date the meter was requested and the date it was installed. Director Fortner stated the date that goes on the meter sheet is the actual date of installation of the meter. Director Fortner stated that a wrong date could have been placed on the meter sheet. Clerk Bennett stated that she would investigate. CIVIL DEFENSE Mr. Ellie Waters presented a film entitled "Twister". ADJOURNMENT There being no further business, the meeting Recessed at lO:00 P.M. until ThurSday, March 2, 1978 for the First Hearing on New Zoning. Russel~ ¥, Domer President City Council City of 0keechobee ATTEST: Sandra Bennett City Clerk City of 0keechobee RECESSED MEETING THURSDAY~, MARCH ,2~ 1978 The City Council of the City of 0keechobee, Florida co~rvened in a Recessed Session in the Council Chambers at the City Hall, Okeechobee, Florida, at 7:00 P.M., Thursday, March 2, 1978. President Russell V. Domer presiding. Councilmen Edward W. Douglas, Jim Knight and Lytle Raulerson were present. Councilman Lavon Bass was absent. Others present were: Sandra Bennett, City Clerk; L. C. Fortner, Director of Public Works; David Conlon, City Attorney; Ernest R. Bartley, Planning Consultant, Sylvia Christian, Deputy Clerk; and Shirley Williams, Deputy Clerk. LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT - ZONING - FIRST MEARINC Dr. Ernest R. Bartley, A.I.P., appe~ed before the Council for the First Hearing on the Local Government Comprehensive Planning Act - Zoning. He stated that no part of the new zoning map would be accepted at this time. The following persons appeared with their request: (1) Philip Y. Berger and Virginia Berger. Mr. Berger requested that Item #2 ~nl~dae new zoning map, south City limits, presently zoned Res- idential (R-D) on the old zoning map which allows a multi-family density of nine units per acre. He stated that he and his mother had gone to some expense to plan a project for R-3 zoning there. Berger stated the present