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2001-08-07 Regular190 r.0 ti w T CALL TO ORDER - Mayor: August 7, 2001, City Council Regular Meeting, 6:00 p.m. CITY OF OKEECHOBEE AUGUST 7, 2001 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION II. OPENING CEREMONIES: Invocation offered by Pastor Eddie Lamb; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. PAGE 1 OF 9 Mayor Pro-Tem Watford called the August 7, 2001 Regular City Council Meeting to order at 6:00 p.m. advising that Mayor Kirk was ill tonight and asked him to chair the meeting. Council Member Williams offered the invocation in Pastor Lambs absence; Mayor Pro-Tem Watford led the pledge of allegiance. City Clerk Thomas called the roll: Absent Present Present (left chambers due to illness at 7:15 p.m.) Present (serving as Mayor Pro-Tempore) Present Absent Present Present Present A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the July 10, 2001 Special Meeting and the July 17, July 10, 2001 Special Meeting and the July 17, 2001 Regular Meeting; seconded by Council Member Oliver. There 2001 Regular Meeting. was no discussion on this item. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. AUGUST 7, 2001 - REGULAR MEETING - PAGE 2 OF 9 191 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Pro-Tem Watford asked whether there were any requests for the addition; deferral or withdrawal of item's on agenda. today's agenda. Administrator Veach announced the Council would not be going into Executive Session at the end of the meeting due to the absence of Attorney Cook. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR PRO-TEM WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 772 amending III Council Member Oliver moved to read by title only proposed Ordinance No. 772 amending the Municipal Boundaries; the Municipal Boundaries - City Attorney (Exhibit 1). seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 772 by title only. Clerk Thomas read proposed Ordinance No. 772 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CODIFYING AMENDMENTS TO MUNICIPAL BOUNDARIES TO THE CITY OF OKEECHOBEE, FLORIDADUETO CERTAIN ANNEXATIONSOF LANDSIN UNINCORPORATED OKEECHOBEE COUNTY, FLORIDAWHICH HERETOFORE HAVE NOTBEEN RECOGNIZED BYORDINANCE; PROVIDING FOR CERTIFICATION OF SAME TO THE DEPARTMENT OF STATE, STATE OF FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 772. 111 Council Member Oliver moved to adopt proposed Ordinance No. 772; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Pro-Tem Watford asked whether there were any comments from the public. Therewere none. Hethen reminded everyone thatthis ordinance was discussed briefly atthe first reading and itwas explained that this is basically a house keeping tool. 192 AUGUST 7, 2001 - REGULAR MEETING - PAGE 3 OF 9 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. c) Vote on motion. VOTE KIRK - ABSENT CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1.a) Motion to read by title only proposed Ordinance No. 773 regarding a I Council Member Chandler moved to read bytitle only proposed Ordinance No. 773 regarding a rezoning request from rezoning request from Mark Troendle - City Planning Consultant Mark Troendle; seconded by Council Member Oliver. (Exhibit 2). I b) Vote on motion to read by title only. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 773 by title only. Clerk Thomas read proposed Ordinance No. 773 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACTOF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROMCOMMERCIAL PROFESSIONAL OFFICE(CPO)ZONING DISTRICT TO LIGHTCOMMERCIAL (CLT)ZONING DISTRICT, AMENDING THEZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 773. (Planning Board does Council Member Oliver moved to adopt proposed Ordinance No. 773. (Planning Board does not recommend not recommend approval.) 11 approval.); seconded by Council Member Chandler. b) Public comments and discussion. The matter for consideration by the City Council is Rezoning Petition No. 01-003-R by Mark Troendle, owner/agent on behalf of the other two owners, Lori Geddes and Candido P. Aragon requesting to rezone Lots 1 to 12 in Block 136, City of Okeechobee from Commercial Professional Office to Light Commercial. AUGUST 7, 2001 - REGULAR MEETING - PAGE 4 OF 9 193 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. The subjectpropertyis approximately 2.066 acres and the applicant intends to develop the property as an office/storage for business purposes. The matter was considered at the July 9 Planning Board meeting. Staff reported to the Board that it is difficult to recommend that the Light Commercial designation would be best for this property based on all permitted uses and meeting the rezoning criteria. The Board unanimously voted to recommend to deny the application based on Staff recommendation, findings contained in the Staff Report and testimony given by surrounding property owners. Mayor Pro-Tem Watford asked whether there were any comments from the public. Attorney John Cassels addressed the Council as a surrounding property owner stating he was in opposition to the rezoning. Mr. George Long, County Administrator also addressed the Council adding that he was in opposition to the rezoning and that the existing Commercial Professional Office would be the most beneficial to the surrounding area with the new County Judicial Complex that is proposed and the proximity to the Okeechobee County Recreational Bail Parks. c) Vote on motion. VOTE KIRK - ABSENT CHANDLER - NO OLIVER - No WATFORD - NO WILLIAMS - No MOTION DENIED. C.1.a) Motion to read by title only proposed Ordinance No. 774 regarding Council Member Oliver moved to read by title only proposed Ordinance No. 774 regarding a rezoning request from a rezoning request from Robert Cook and Gary Utt - City Planning Robert Cook and Gary Utt; seconded by Council Member Williams. Consultant (Exhibit 3). b) Vote on motion to read by title only. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 194 AUGUST 7, 2001 - REGULAR MEETING - PAGE 5 OF 9 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. c) City Attorney to read proposed Ordinance No. 774 by title only. Clerk Thomas read proposed Ordinance No. 774 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACTOF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY- 1 (RSF1) ZONING DISTRICT TO RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 774. (Planning Board Council Member Williams moved to adopt proposed Ordinance No. 774. (Planning Board recommends approval); recommends approval.) seconded by Council Member Oliver. b) Public comments and discussion. The matter for consideration by the City Council is Rezoning Petition No. 01-004-R by Gary Utt and Robert Cook requesting to rezone Lots 1 to 6 of Block 15, South Okeechobee from Residential Single Family-1 to Residential Multi - Family. The subject property is approximately 0.98 acres and the applicants intend to develop the property for multi -family dwellings. The matter was considered at the July 9, Planning Board meeting. The Board unanimously voted to recommend approval of the application based on Staff recommendation and findings contained in the Staff Report. Mayor Pro -Tern Watford asked whether there were any comments from the public. There were none. Mr. Vincent Cautero, on behalf of LaRue Planning addressed the Council explaining thatthe applicant has recently been approved for a Future Land Use Map Amendment and that this is the second step they needed to take to develop their property. The proposed use is consistent with the Comprehensive Plan. c) Vote on motion. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT 6:13 P.M. AUGUST 7, 2001 - REGULAR MEETING - PAGE 6 OF 9 195 VII. NEW BUSINESS. A. Q Motion to approve LaRue Contract/Increase of Fees - City Administrator (Exhibit 4). Motion to award Insurance Bid - City Administrator (Exhibit 5). Council Member Oliver moved to approve amendment to the Current LaRue Contract for an increase in fees effective October 1, 2001; seconded by Council Member Williams. As explained in Exhibit Four, the increase is from two thousand, one hundred twenty-five dollar s($2,125.00) per month based on twenty-five hours of work to two thousand, five hundred dollars ($2,500.00) per month based on thirty hours of work. Administrator Veach recommended the increase and noted that Staff does rely on the Planning Agency heavily and has always received a high level of professionalism from Mr. LaRue and his employees. Mayor Pro-Tem Watford and Council Member Oliver also noted what a good job LaRue's firm did for the City. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There were two presentations to the Council from firms who submitted a Health and Life Insurance Bid. The first was given by Mr. Scott Harris representing Group Insurance Solutions, Inc. The other by Michael Rosenberg representing Arthur J. Gallagher/Public Risk Management (PRM). - Council Member Oliver moved to award a Health and Life Insurance Bid to Group Insurance Solutions, Inc., (Blue Cross/Blue Shield Care Manager A16) for one year; seconded by Council Member Chandler. This is the City's current plan with a 17.7 percent increase. This company was the lowest bidder. This will be the last year this plan will be offered to the City, which allows employees' the option of traditional (PPO) insurance or the HMO plan. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 196 AUGUST 7, 2001 - REGULAR MEETING - PAGE 7 OF 9 VII. NEW BUSINESS CONTINUED. C. Motion to award Auditing Bid - City Administrator (Exhibit 6). III Mayor Pro-Tem Watford noted that Council Member Oliver had to leave the meeting due to illness. Following presentations by representatives from J.D. Gilbert and Company; Hoyman, Dobson and Company; and DeBartolomeo, McBee, Hartley and Barnes, Council Member Chandler moved to table the matter of awarding the bid until Mayor Kirk and Council Member Oliver could be present; seconded by Council Member Williams. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Discussion regarding Community Budget Issues - City Administrator Veach announced that our lobbyist/consultant wanted him to address in a public meeting that the Administrator. legislature will begin in early session this year due to redistricting and he needed to know what areas the Council wanted him to head into in efforts to obtain funding for the City. Items listed were Downtown Redevelopment/Facade Improvement for North Park Street. Drainage help with the new requirements from Water Management. Should Council have anything else they are to forward them to Administrator Veach. E. Motion to approve Chamber of Commerce request for temporary Council Member Chandler moved to approve Chamber of Commerce request to temporarily close Southwest 2"d, 3`d, street and sidewalk closings for September 1, 2 and 3, 2001 and 4, 5°t, and 6°i Avenues between North and South Park Streets on September 1, 2 and 3, 2001 from 6:00 a.m. to 7:00 December 8, 2001 - City Clerk (Exhibit 7). p.m. daily and temporarily close Southwest 3'd Avenue between North and South Park Streets from 8:00 a.m. to 5:00 p.m. on December 8, 2001; seconded by Council Member Williams. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - ABSENT WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 197 AUGUST 7, 2001 - REGULAR MEETING - PAGE 8 OF 9 VII. NEW BUSINESS CONTINUED. F. Discussion regarding Art Shows in the Downtown area and StreetlSidewalk closing with Fee Waiver request - John Jackson and Kelly Raulerson (Exhibit 8). Mrs. Kelly Raulerson, owner of Absolutely Art Gallery along with Mr. John Jackson, artist/promoter addressed the City Council with a proposed promotion entitled "Art on Park After Dark." This promotion is designed for Family Entertainment to promote downtown businesses and expose our local talent including artist, crafter's and bands/solo artist. It would be held twice a month and include a children's art, hula hoop and limbo contests, artist displays, crafter displays, car show, health fair, cracker cowboy displays and Seminole Indian Art. They would also hold a food drive for Martha's House and offer Art Scholarships. The situation they are facing with starting this promotion is the current City regulations requirement each exhibitor (or display) to pay a one hundred seventy-five dollar ($175.00) temporary use permit. And should any of the local businesses want to set up an exhibit outside their storefront they would also have to pay the temporary use permitfee. The fee is for each time they hold the promotion. They asked the Council whether there was any way the fee could be a one time fee for each season and only one fee to cover all the exhibitors. Mrs. Raulerson supplied the Council with a list of signatures from the downtown business owners supporting this promotion. Council instructed Mrs. Raulerson to make a map of the area and show what she wants to use, including any streets and sidewalks to be closed, name each vendor/exhibitor (or as many as possible), a requestto waive the fee(s), specific dates, time frames and any other requirements for insurance, etc. Submit this information to the appropriate City Office and Mr. Veach will forward it to the Council for consideration. It was also noted that these events should not interfere with any festival the Chamber already has. Mrs. Raulerson stated she was in contact with the Chamber and would make sure that did not happen. Administrator Veach advised that in the coming months the City was going to startthe Roadway Improvements project which includes certain areas along South Park Street, but that he would make sure Mrs. Raulerson was informed as to what areas would be under construction and when so that it did not hinder their promotions. This matter will return for Council consideration once all appropriate paperwork is submitted as outlined above. G. Discuss request for removal of dirt from property located at 1120 Mr. Stanford and Eloise Wisener addressed the City Council explaining that they are experiencing drainage problems. NW e Street for drainage purposes - Stanford Wisener. They submitted pictures of Northwest 12 Avenue (a dirt road) which runs along the West side of their residence. The Okeechobee Utility Authority recently install a new waterline along the avenue and there is years of build up from the road being graded. They are requesting the excess dirt be taken down so the water can drain into the City/County drainage ditch, which is on the other side of 12' Avenue. Council instructed Public Works Director Robertson to take 12th Avenue back down, see whetherthis will work and monitor the situation. Director Robertson responded that he would do as Council instructed. However he cautioned them about wash -out along that area. 198 AUGUST 7, 2001 - REGULAR MEETING - PAGE 9 OF 9 VII. NEW BUSINESS CONTINUED. H. Discuss request for removal of dirt from property located at 1120 NW 4"' Street for drainage purposes continued. H. Recess to enter into an Executive Session regarding the GRIT issue - Mayor. Motion to close Executive Session and reconvene back into Open Session - Mayor. VIII. ADJOURN MEETING - Mayor. PLEASE TWE NOTICE AND BE ADVISED THAT IF APERSON 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 AVERBATM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Dowling R. Watford, ,:; ivla Pro-Tempore ATTEST: Bonnie S. Thomas, CIVIC, City Clerk Mr. Robertson also advised that he had responded to Mr. Wisener's complaint regarding the drainage and had a shallow ditch dug along the other side of their property to help eliminate the problem. Their fence encroaches into the City right of way along Northwest 4' Street and 11' Avenue prohibiting him from installing a proper drainage ditch. Mr. Wisener responded that the shallow ditch had not helped the situation and that was why he was requesting the dirt be removed from 12" Avenue allowing the water to drain as it use to. The Wisener's thanked the Council and Staff for their time and attention to this matter. Item was withdrawn from agenda. There being no further items on the agenda, Mayor Pro-Tem Watford adjourned the meeting at 7:54 p.m