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1996-08-06 Regular MeetingA. B. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Call Meeting to order on August 6, 1996. Invocation offered by Reverend John Paul Ziegler; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Council Member Noel A. Chandler Council Member Michael G. O'Connor Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Staff Attendance: City Attorney John R. Cook City Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Mayor Kirk called the to order on August 6, 1996 at 7:45 p.m. Council Member Dowling Watford offered the invocation; Mayor Kirk led the Pledge of Allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present D. Motion to dispense with the reading and approve the Sum- Council Member O'Connor moved to dispense with the reading and approve the mary of Council Action for the Regular Council Meeting of Summary of Council Action for the Regular Meeting of July 16, 1996 and the Workshop July 16, 1996. 11 Meeting of July 8, 1996; seconded by Council Member Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 203 PAGE 1 OF 9 I 204 AUGUST 6, 1996 - REGULAR MEETING - PAGE 2 OF 9 E. Motion to approve Warrant Register for June, 1996 in the Council Member Watford moved to approve the Warrant Register for the month of July, amount of $381,538.61. 1996 in the amount of three hundred eighty-one thousand, five hundred thirty-eight dollars, sixty-one cents ($381,538.61); seconded by Council Member Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. REQUEST FOR THE ADDITION, DEFERRAL OR Mayor Kirk asked if there were any additions, deferrals or withdrawals of items on today's WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. agenda. Administrator Drago added new item number five, proposed Resolution No. 96- 3. F. NEW BUSINESS Discuss payment to LDR Consultant Dr. Jack Ware - Citizen Advisory Committee (CAC) Chairman Hazellief addressed the Council requesting David Hazellief (Exhibit 1). payment for Dr. Jack Ware's assistance and work to the CAC and Council during the CAC's review and rewriting of the City's Land Development Regulations and the workshop's held by the Council and CAC. Council Member Watford thanked the CAC for all their hard work, he felt they did a good job and that the proposed LDR's are a good working document for the City. Following a lengthy discussion, Council followed Administrator Drago's recommendation and Council Member Oliver moved that Dr. Ware be paid nine thousand dollars ($9,000.00) for services rendered and reimburse five hundred ninety-six dollars ($596.00) to each CAC Member for expenses incurred while servina on the Board: seconded by Council Member Watford. CAC Chairman Hazellief thanked the Council for their confidence. Council Member Watford asked if there was a way to dedicate the City's LDR's to Robbie Hoover who was one of the members of the CAC and passed away while serving on the Board. Council agreed to have his name put on them and dedicated to him. X X X X X AUGUST 6, 1996 - REGULAR MEETING - PAGE 3 OF 9 4 F. NEW BUSINESS 1. Discuss payment to LDR Consultant Dr. Jack Ware Vote on motion is as follows: continued. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 2. a. Motion to remove from the table, Ordinance 689. Council Member O'Connor moved to remove from the table, proposed Ordinance No. 111 689; seconded by Council Member Watford. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 2. b. Motion to read by title only, and set August 20, Council Member O'Connor moved to read by title only, and set August 20, 1996 as a 1996 as a Public Hearing date, Ordinance 689. - City public Hearing date, proposed Ordinance No. 689 (concerning the calculation of Attorney (Exhibit 2). distance and locations of an establishment that sells alcoholic beverages from any church, school or day care center); seconded by Council Member Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. X X X X X X X X X X X X X X X L. 206 AUGUST 6, 1996 - REGULAR MEETING - PAGE 4 OF 9 F. NEW BUSINESS 2. b. Motion to read Ordinance No. 689 by title only Attorney Cook read proposed Ordinance No. 689 by title only as follows: continued. III "AN ORDINANCE OF THE CITY OF OREECHOBEE, FLORIDA RESCINDING SECTION 3.3 OF THE CODE OF ORDINANCES, ADOPTING A REVISED SECTION 3.3; DESIGNATING THAT THE DISTANCE AND LOCATIONS OF AN ESTABLISHMENT THAT SELLS ALCOHOLIC BEVERAGES FROM ANY CHURCH, SCHOOL OR DAY CARE CENTER BE DETERMINED AND CALCULATED ACCORDING TO THE FUTURE LAND USE MAP DESIGNATIONS WITHIN THE CITY; PROVIDING FOR MEASURING THE DISTANCES BETWEEN SUCH USES; RESTRICTING EXPANSION OR RE- ESTABLISHMENT OF EXISTING BUSINESSES THAT SELL ALCOHOLIC BEVERAGE, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Discussion. III Mayor Kirk opened the floor for discussion. Council Member Oliver asked what the input was from all the ministers? Administrator Drago responded that he and Attorney Cook invited all the ministers of churches within the City Limits to a meeting. They met and discussed this proposed ordinance, they want everyone to understand they are not against growth however they were concerned with encroachment of some establishments. They also understand that the City does not have a very large Commercial and Industrial area and this is a compromise that had to be found when churches, schools and day care centers are located in those types of districts. He also thanked Pastor Scott Leslie of the Okeechobee Presbyterian Church for all his work and assistance in this matter. Pastor Scott Leslie appeared before the Council and reiterated what Administrator Drago stated and thanked Administrator Drago for his time and help with the proposed Ordinance No. 689. AUGUST 6, 1996 - REGULAR MEETING - PAGE 5 OF 9 207 F. NEW BUSINESS 2. Discussion continued. Mr. Bob Gibs, representative of ABC Liquor's addressed the Council stating that when his company opened in Okeechobee they were aware of the set back requirements and buffer zones, ABC feels that those areas are needed in communities and they respect them, he did not feel this proposed ordinance was a good idea and stated that the one presently on the books was a good and sufficient ordinance, and did not need to be changed. Administrator Drago suggested that he explain for everyone, what this ordinance allows in amending the present restrictions on alcoholic sales. He advised that this proposed ordinance provides that: 1. No place of business can sell alcoholic beverages within one hundred feet of property owned or utilized by a church, school or day care center on lands designated Commercial or Industrial on the Future Land Use Map. 2. No place of business can sell alcoholic beverages within seven hundred feet of property owned or utilized by a church, school or day care center on any other land designation on the Future Land Use Map (Residential, Multi -Family, Public Facilities). 3. The distance shall be measured along a straight line from the front door of said business to the front door of the church, school or day care center. Each one of those types of businesses must permanently designate the sole front door and provide the information to the City. 4. That section (3.3) of the ordinance does not apply to any business establishment presently operating under a valid City occupational license and located closer than the restricted distance to any church, school or day care center. 5. Any existing business establishment selling alcoholic beverages, and operating under a valid City occupational license and is closer to a church, school or day care center as provided herein, shall not hereafter be permitted to expand or enlarge the existing square footage of the building. AUGUST 6, 1996 - REGULAR MEETING - PAGE 6 OF 9 F. NEW BUSINESS 2. Discussion continued. 2. c. Motion to approve the first reading of Ordinance 689. 6. Any existing business establishment selling alcoholic beverages which is located closer to a church, school or day care center than as provided may continue such use as long as the owner holds a valid City occupational license and license from the State of Florida. Once the business is sold or transferred, and another use is made of the location, such location shall not thereafter be re-established for the sale of alcoholic beverages, unless in compliance with the ordinance. Council Member Oliver commented that if the local ministers do not have a problem with this revised proposed ordinance then he did not either. If ABC has a problem with it, that is a business problem and something the Council should not get into. He also advised the Council that he would be out of State and cannot attend the next meeting, August 20th, which is when this ordinance is set for public hearing and since Council Member Watford must abstain from voting, would the Council feel comfortable passing this ordinance with only three members able to vote? Mayor Kirk, Council Member's O'Connor and Chandler stated that would not be problem for them. Administrator Drago distributed in the agenda packets, copies of letters from the Okeechobee County Chamber of Commerce and Okeechobee Economic Council all in favor of the City Council passing this proposed ordinance. Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 689; seconded by Council Member Chandler. Council Member Watford advised that he would have to abstain from voting since he could receive personal gain from the granting of this ordinance. KIRK CHANDLER O'CONNOR OLIVER WATFORD - Abstained MOTION CARRIED. X X X X AUGUST 6, 1996 - REGULAR MEETING - PAGE 7 OF 9 011811 F. NEW BUSINESS 3. Motion to renew a Taxi Cab Business Permit to A-1 Council Member Oliver moved to renew a Taxi Cab Business Permit to A-1 Taxi Service; Taxi Service - City Administrator (Exhibit 3). 1 seconded by Council Member Chandler. Council Member Watford noted that the City Police Department did their normal check on the applicant and approved the application. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 4. Motion to approve closing the West'/ of the street Council Member O'Connor moved to approve closing the West half of the street between between Flagler Parks 2 and 3 on November 29 and Flagler Parks 2 and 3 on November 29 and 30, 1996 for the Hospice Annual Arts and 30, 1996 for the Hospice Annual Arts and Crafts Fair Crafts Fair; seconded by Council Member Oliver. - City Administrator (Exhibit 4). 11 Administrator Drago clarified that it should state avenues not streets. Council also agreed it should be for the whole portion of that avenue not half of it. Council Members Oliver and O'Connor withdrew their motion from the floor. Council Member O'Connor then moved to approve closing the portion of the avenue between Flagler Parks 2 and 3 (Southwest 3rd Avenue between North Park Street and Southwest 2nd Street) on November 29 and 30, 1996 for the Hosipice Annual Arts and Crafts Fair, they will be using the West half of Park 2 and all of Park 3; seconded by Council Member Oliver. X X X X X 210 AUGUST 6, 1996 - REGULAR MEETING - PAGE 8 OF 9 F. NEW BUSINESS 4. Motion to approve closing the avenue between Vote on motion is as follows: Flagler Parks 2 and 3 on November 29 and 30, 1996 for the Hospice Annual Arts and Crafts Fair KIRK continued. CHANDLER O'CONNOR OLIVER WATFORD 11 MOTION CARRIED. ITEM ADDED TO THE AGENDA: 5. Motion to adopt proposed Resolution No. 96-03 - Council Member Watford moved to adopt proposed Resolution No. 96-03 concerning a Council Member O'Connor (Exhibit 5). request to the Central Florida Regional Planning Council to postpone action upon the Strategic Regional Policy Plan; seconded by Council Member Oliver. Attorney Cook read proposed Resolution No. 96-03 by title only as follows: "A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, RESOLVING TO REQUEST THE CENTRAL FLORIDA REGIONAL PLANNING COUNCIL TO POSTPONE ACTION UPON THE STRATEGIC REGIONAL POLICY PLAN." Council Member O'Connor stated that he felt the City needed to unite with the County and pass this resolution, it is the same type the County Commission passed. The Stratiegic Regional Policy Plan that is being presented by the Central Florida Regional Planning Council (CFRPC) to the State needs a lot of work to keep from jeopardizing Okeechobee County's future growth and all other surrounding Counties. There are several other Counties and Municipalities that have called emergency meetings to pass resolutions like this one in order to postpone the action by the CFRPC. This is a very serious matter and he would appreciate the Council passing this resolution so that he can take a copy with him to the CFRPCmeeting tomorrow. Council member Watford stated that there was a lot of controversy over this document and he agreed with Council Member O'Connor. X X X X X 1- AUGUST 6, 1996 - REGULAR MEETING - PAGE 9 OF 9 211 F. NEW BUSINESS 5. Motion to adopt proposed Resolution No. 96-03 continued. Adjournment - Mayor Kirk. PLEASE TAKE NOTICE AND BE ADVISED that if a person 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 a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A tape recording of thising is on file in the City Clerk's Office. E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC City Clerk Vote on motion is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. There being no further items on the agenda Mayor Kirk adjourned the meeting at 8:38 p.m.