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2001-09-04 RegularCITY OF OKEECHOBEE SEPTEMBER 4, 2001 REGULAR CITY COUNCIL MEETING I. CALL TO ORDER - Mayor: September 4, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor John W. Keith; 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. SUMMARY OF COUNCIL ACTION Mayor Kirk called the September 4, 2001 Regular City Council Meeting to order at 6:00 p.m. Pastor Keith offered the invocation; Mayor Kirk led the pledge of allegiance. City Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present PAGE 1 OF 8 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 August 21, 2001 Regular Meeting and the August 21, 2001 Regular Meeting and the August 27,2001 Budget Workshop; seconded by Council Member Williams. August 27, 2001 Budget Workshop. There was a brief discussion regarding the August 27,2001 Budget Workshop minutes, change Council Member Oliver to Williams in the third paragraph. Council agreed to amendment. U1110 KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 209 210 SEPTEMBER 4, 2001 - REGULAR MEETING - PAGE 2 OF 8 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of item's on today's agenda. agenda. III There were none. M. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 776 regarding a Council Member Watford moved to read by title only proposed Ordinance No. 776 regarding a Future Land Use Map Future Land Use Map Amendment submitted by Elbert Batton - City Amendment submitted by Elbert Batton; seconded by Council Member Oliver. Planning Consultant- (Exhibit 1). VOTE b) Vote on motion to read by title only. KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 776 by title only. Attorney Cook read proposed Ordinance No. 772 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THECITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635ASAMENDED, BYREVISINGTHEFUTURELAND USEMAP, PROVIDING FOR INCLUSION OFORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE 11 DATE." 2. a) Motion to adopt proposed Ordinance No. 776. Council Member Watford moved to adopt proposed Ordinance No. 776; seconded by Council Member Oliver b) Public comments and discussion. Mayor Kirk asked whether there were any comments from the public. There were none. Mr. John Dulmer, City Planning Consultant briefly addressed the Council regarding this Small Scale Future Land Use Map Amendment No. 01-004 submitted by Lake View Builders, Inc. The request is to change Lots 15 and 16 of Block 37, City of Okeechobee from Residential Single Family to Residential Multi -Family. The Land Planning Agency held their Public Hearing on August 28, 2001 and voted unanimously to recommend approval by the City Council. SEPTEMBER 4, 2001 - REGULAR MEETING - PAGE 3 OF 8 211 M. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public Comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. UNFINISHED BUSINESS - Mayor. The property has multi -family zoning, therefore the proposed amendment will be consistentwith the plan and will bring the future land use designation and zoning into alignment. There are adequate public facilities to service the proposed development. It is compatible with adjacent and nearby land uses and is in compliance with Policy 2.1(b) of the Future Land Use section of the Comprehensive Plan. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:13 P.M. A.1. a) Motion to remove from the table, motion to approve the first reading Upon the recommendation of Attorney Cook, no official action was taken on this item. of proposed Ordinance No. 775 regarding a Franchise Agreement between the City and Adelphia pertaining to cable - Mayor (Exhibit 2). b) Vote on motion. 2. Vote on motion to approve the first reading of proposed Ordinance No. 775 - City Attorney. 3. Motion to reset the public hearing date for proposed Ordinance No 775 to September 18, 2001- City Attorney. Upon the recommendation of Attorney Cook, no official action was taken on this item. Upon the recommendation of Attorney Cook, no official action was taken on this item. 212 SEPTEMBER 4, 2001 - REGULAR MEETING - PAGE 4 OF 8 Al. UNFINISHED BUSINESS CONTINUED. B. Motion to grant a request by Absolutely Art Gallery to temporarily Mrs. Kelly Raulerson, owner of Absolutely Art Gallery appeared before the City Council with all the necessary close South Park Street from South Parrott Avenue to Southwest documents to request a temporary street closing in order to hold the Art on the Park After Dark Festival to help promote 2nd Avenue on October 11 and 25, November 8, December 13 downtown businesses and local talent. She is working with the Big Lake Woodturners Guild for this promotion. All and 27 from 5 p.m. to 9 p.m. for the Art on the Park after Dark necessary signatures of business and property owners were presented exceptforthe additional date, December 8. Due Festivals and December 8 from 3 p.m. to 10 p.m. for the Christmas to the Labor Day weekend festivities, she was not able to obtain all the signatures for the Christmas Festive Flare Festive Flare - Kelly Raulerson (Exhibit 3). (Street Dance after the Lighted Christmas Parade, December 8, 2001). Council Member Watford moved to approve a request by Absolutely Art Gallery to temporarily close South Park Street from South Parrott Avenue to Southwest 2nd Avenue on October 11 and 25, November 8, December 13 and 27 from 5 p.m. to 9 p.m. for the Art on the Park after Dark Festivals and December 8 from 3 p.m. to 10 p.m. pending necessary signatures received for the Christmas Festive Flare; seconded by Council Member Chandler. Mrs. Raulerson announced that artist, Robert Butler will be at the December 13" Festival. There was a further brief discussion, Council Members stated their support for the festivals and hoped that it helped the downtown businesses. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. Motion to grant a request by Big Lake Woodturners Guild to waive Council Member Watford moved to approve a request by Big Lake Woodturners Guild to waive the Temporary Use the Temporary Use Permit Fee ($175.00) to hold the Art on the Permit Fee ($175.00) to hold the Art on the Park after Dark Festivals (October 11 and 25, November 8, December 13 Park after Dark Festivals (October 11 and 25, November 8, and 27 from 5 p.m. to 9 p.m; seconded by Council Member Chandler. December 13 and 27 from 5 p.m. to 9 p.m. -John Jackson (Exhibit 4), Council Member Watford asked whether distributing the barricades, putting them out and taking them down would be a problem with any of the City Departments? Chief Davis and Public Works Director Robertson advised that it would not. Council Member Oliver noted that he thought it was a good idea to waive the fee. They are a non-profit charitable organization and again hoped they were a success. SEPTEMBER 4, 2001 - REGULAR MEETING - PAGE 5 OF 8 3 Al. UNFINISHED BUSINESS CONTINUED. C. Motion to grant a request by Big Lake Woodturners Guild to waive the Temporary Use Permit Fee ($175.00) to hold the Art on the Park after Dark Festivals (October 11 and 25, November 8, December 13 and 27 from 5 p.m. to 9 p.m. continued. All. NEW BUSINESS. A.1. a) Motion to read by title only and set September 18, 2001 as a final public hearing date, proposed Ordinance No. 777 amending insurance requirements for Temporary Structures Section of the Land Development Regulations - City Attorney (Exhibit 5). b) Vote on motion to read by title only and set public hearing date VOTE KIRK -YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only and set September 18, 2001 as a final public hearing date, proposed Ordinance No. 777 amending insurance requirements for Temporary Structures Section 681 of the Land Development Regulations; seconded by Council Member Williams. VOTE KIRK -YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 777 by title only. Attorney Cook read proposed Ordinance No. 777 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 716 LAND DEVELOPMENT REGULATIONS (LDR'S) SECTION 680, 681 THEREOF, TEMPORARY STRUCTURES TO PROVIDE FOR INCREASED INSURANCE REQUIREMENTS UNDER SAID SECTION, PROVIDING FOR EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 777 Council Member Oliver moved to approve the first reading of proposed Ordinance No. 777 (Land Planning Agency (Land Planning Agency recommends approval). 11 recommends approval); seconded by Council Member Williams. b) Discussion. Council briefly discussed this item. This amendment was a suggestion by Council Member Williams to increase the minimum insurance for temporary use structures. It will also make it consistent with other insurance regulations thatthe City requires. The Land Planning Agency discussedthis matter attheir August 28,2001 meeting and voted unanimously to recommend the City Council approve the amendment. 214 SEPTEMBER 4, 2001 - REGULAR MEETING - PAGE 6 OF 8 VIII. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. B. Discuss a Street and Alley Closing Application submitted by the Board of County Commissioners to close a portion of Northwest 3rd Street and the entire alley in Blocks 125 and 138 - City Clerk (Exhibit 6). C. Motion to approve a request to waive the Temporary Use Permit Fee ($175.00) for Big Lake Church of God - Pastor Vernon Reasons (Exhibit 7). VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. County Attorney, John Cassells addressed the Council regarding a request to close Northwest 3rd Street between Northwest 2"d and Yd Avenues and the East to West Alley's in Blocks 125 and 138, City of Okeechobee. The purpose for closing the portion of the street and the alley's is for the new judicial complex. The intent is to restore the existing Court House to its original layout and build the new building behind it with future expansion needs on each side for the State Attorney and Public Defender offices. Mayor Kirk instructed Attorney Cook to draft the necessary ordinance closing the street and alley's as requested in Application No 63 and present it for first reading at the September 18 meeting. Council also questioned whether the County would ever consider opening the block between North Park Street and Northwest 2°d Street to make a "T - Park." Attorney Cassells said there had been some positive discussion regarding that plan, however, there is nothing in the design plans at this time. Council Member Williams moved to approve a request to waive the Temporary Use Permit Fee ($175.00) for Big Lake Church of God located at 1002 Northwest 9"' Avenue and 11t' Street; seconded by Council Member Watford. There was a brief discussion between the Council and Mrs. Arlece Hall, representative for Pastor Reasons. The Permit has been issued by City Staff and they have met all necessary requirements, this is a non-profit charitable organization. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. SEPTEMBER 4, 2001 - REGULAR MEETING - PAGE 7 OF 8 215 NEW BUSINESS CONTINUED. D. Motion to adopt Resolution No. 01-10 notifying PRM Insurance of the City' intent to bid insurance in the 2002/2003 fiscal year - City Administrator (Exhibit 8). E. Discussion regarding whether the City should clean up neglected property and bill the property owners - Noel Chandler. Council Member Watford moved to adopt Resolution No. 01-10 notifying Public Risk Management (PRM) Insurance of the City's intent to bid insurance in the 2002/2003 fiscal year; seconded by Council Member Oliver. Attorney Cook read proposed Resolution No. 01-10 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE FLORIDA TO ANNOUNCE WITHDRAWAL FROM A CONTRACTUAL RELATIONSHIP WITH PUBLIC RISK MANAGEMENT (PRM); WHICH CONTRACT PROVIDES FOR RISK MANAGEMENT AND SELF- INSURANCE ASSOCIATION; PROVIDING FOR NOTICE THEREOF TO BE PROVIDED TO THE EXECUTIVE DIRECTOR OF PRM; PROVIDING FOR WITHDRAWAL FROM THE POOL FOR THE FISCAL YEAR EFFECTIVE OCTOBER 1, 2002 TO SEPTEMBER 30, 2003; PROVIDING FOR ACTUAL NOTICE OF WITHDRAWAL TO THE EXECUTIVE DIRECTOR NO LATER THAN AUGUST 15, 2002; PROVIDING FOR AN EFFECTIVE DATE." Administrator Veach and Attorney Cook explained to the Council that according to the bylaws of PRM, should the Council wish to let the City's worker's compensation and liability insurance out for bid, we must notify them one year in advance by resolution. This does not cancel the current contract, it only notifies them that the City will be bidding the insurance next year. There is also a requirement for PRM to be notified in writing by Augusut 15, 2002 should the City decide to award the bid to another company after the bidding process is complete. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Chandler requested to give Attorney Cook instruction to draft an ordinance or find out whether there are any Florida Statutes giving the City authority to clean up private property that is in violation of City Codes. Under the current guidelines, when a property is cited for violations they are given a certain amount of time to bring the property into compliance. Should the property not come into compliance by the allotted time, the violation then goes to the Code Enforcement Board who then issues liens on the property until it is brought into compliance. There are some properties that have had liens on them for years and the property is still not cleaned. Attomey Cook was instructed to research the Statutes and report to the Council what kind of guidelines could be put in place to clean up property other than imposinq liens. 216 SEPTEMBER 4, 2001 - REGULAR MEETING - PAGE 8 OF 8 VIII. NEW BUSINESS CONTINUED. F. Treasure Coast Council update and input - Bob Oliver. Council Member Oliver represents the City on the Treasure Coast Council of Local Governments. This group prioritizes legislative issues that are important to the municipalities and counties they represent. Council Member Oliver asked each Council Member to notify him through Administrator Veach, should they have any items the group could add to their list. The only item presented at this time was the State Road 70 widening project. G. Recess to enter into an Executive Session regarding the GRIT Mayor Kirk announced that the City Council would now enter into Executive Session and that the only members that issue - Mayor. could remain present in the room is Mayor Kirk, Council Members Chandler, Oliver, Watford and Williams, Attorney Cook, Administrator Veach and a court reporter. Everyone else was asked to leave the room. The Executive Session began at 6:53 p.m. H. Motion to close Executive Session and reconvene Open Session - Motion and second was made at 7:26 p.m. to close the Executive Session and reconvene Open Session, vote carried. Mayor. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT7:26 P.M. IX. ADJOURN MEETING -Mayor. III PLEASE TAKE NOTICE AND BE ADVISED THAT IF APERSON DECDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CON SIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMOOJY'�ENCE UPON WHICH THE APPEAL IS TO BE BASED. ames E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk