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1998-05-05 Regular Meeting1�� OK�Ec�O /,� rr • z � CALL TO ORDER: - Mayor: May 5, 1998, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend John Paul Ziegler, Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Mayor Kirk called the May 5, 1998 Regular City Council Meeting to order at 6:05 p.m. Reverend Ziegler offered the invocation; Mayor Kirk led the Pledge of Allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present PAGE 1 OF 9 IV. MINUTES -City Clerk. 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 Regular Meeting of April 21,1998. Regular Meeting of April 21,1998; seconded by Council Member Markham. There being no discussion on this item, vote was as follows: KIRK - YES CHANDLER - YES MARKHAM-YES OLIVER - YES WATFORD - YES MOTION CARRIED. MAY 5,1998 - REGULAR MEETING - PAGE 2 OF 9" V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on Mayor Kirk asked whether there were any requests for addition's, deferral's or withdrawal's of items on today's agenda. today's agenda. Attorney Cook requested Ordinance No. 713 be added under Public Hearing item VI as C.1. a). This ordinance is to be read and approved for first reading and it concerns the rezoning of the Wal-Mart property. A final public hearing cannot be set until Ordinance No. 712 returns from the Department of Community Affairs. VI. OPEN PUBLIC HEARING - Mayor. Mayor Kirk opened the Public Hearing at 6:10 p.m. A. 1. a) Motion read by title only proposed Ordinance No. 711 Council Member Markham moved to read by title only proposed Ordinance No. 711 regarding beautification and regarding beautification and aesthetic regulations within aesthetic regulations within the City of Okeechobee and establish a Downtown Renovation and Historical District; the City of Okeechobee and establish a Downtown seconded by Council Member Watford Renovation and Historical District - City Attorney (Exhibit 11 A. 1. b) A. 1. c) Vote on motion. City Attorney to read proposed Ordinance NO. 711 by title only. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Attorney Cook advised the Administrator had the representatives of the Historical Resources Department that is currently working on Historical Districts for the City review this proposed ordinance. When their survey's are completed they will be recommending an ordinance for Council adoption which is apparently more comprehensive than this one. Attorney Cook recommended the Council either table ordinance 711 until the second meeting in May; or amend it and pass the ordinance deleting Article III, Section 8-43(2), until we obtain the new ordinance. If Council chooses to amend ordinance 711 then the revised definition of "Flea Market Sales" needs to be amended also. Attorney Cook read proposed Ordinance No. 711 by title only as follows: "An Ordinance of the City of Okeechobee, Florida amending the City of Okeechobee Code of Ordinances, Chapter 8, Definitions; Rescinding and Re- stating Sections of Chapter 8; Establishing Downtown Renovation and Historical District; Providing for Severability, Providing an Effective Date." Sze MAY 5„ 1998 - REGULAR MEETING - PAGE 3 OF 9 VI. PUBLIC HEARING CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No. 711. Council Member Watford moved to adopt proposed Ordinance No. 711 amending the He by deleting "and Historical District", delete Section 8-43(2) in Article III and revise the Flea Market Sales definition to be: "a gathering of two or more vendors at an outdoor location who assemble and display products in booths, on tables, or at an assigned spot for sale to the public; or a single business owner or tenant who places items for sale at a location outside his or her regular business location, for purposes of browsing by customers, for sale to the public, which would not be considered just for the advertising of products or sale within said business. The placing of products outside for display shall constitute a flea market sale if the purpose meets the definitions contained herein; if three or more of the items on display for sale are not new; if the items to sell are brought to the business from a location other than the business; or if the total number of items for sale, new or used, exceeds six in total number.'; seconded by Council Member Oliver. A. 2. b) Public Comments and Discussion. Council discussed whether or not they still wanted to adopt the ordinance or whether there was some urgency to do' so. The majority wanted to go ahead and have something in place since the downtown grant will be completed in a few months to keep buildings looking nice and to tighten up on other areas in the City. If there is a problem with enforcement City Staff is to bring it to the Council's immediate attention. A copy of the ordinance is to be sent to each business owner. Mayor Kirk asked if there were any questions or comments from the public, there were none. A. 2. c) Vote on motion. 11 KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B. 1. a) Motion to read by He only proposed Ordinance No. 712 Council Member Watford moved to read by He only proposed Ordinance No. 712 amending the Comprehensive Plan amending the Comprehensive Plan Future Land Use Map Future Land Use Map to designate 25.15 acres as City Commercial from County Commercial as requested by to designate 25.15 acres as City Commercial from County Application No. 98-CI-001, Wal-Mart Stores East, Inc.; seconded by Council Member Oliver. Commercial as requested by Application No. 98-CI-001, Wal-Mart Stores East, Inc. - City Attorney (Exhibit 2). B. 1. b) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. MAY 5,1998 - REGULAR MEETING - PAGE 4 OF 9 160 VI. PUBLIC HEARING CONTINUED. B. 1. c) City Attorney to read proposed Ordinance No. 712 by titre Attorney Cook read proposed Ordinance No. 712 by title only. "An Ordinance of the City of Okeechobee, Florida only. amending the City of Okeechobee Comprehensive Plan, Ordinance No. 635 as amended, by revising the Future Land Use Map; providing for inclusion of Ordinance and Revised Future Land Use Map in the Comprehensive Plan; providing for an effective date." B. 2. a) Motion to approve the first reading of proposed Ordinance Council Member Markham moved to approve the first reading of proposed Ordinance No. 712 and submit it to the No. 712 and submit it to the Department of Community Department of Community Affairs for review; seconded by Council Member Oliver. Affairs for review. 11 B. 2. b) Discussion. This is a Large Scale Comprehensive Plan Amendment No. 98-CI-001. The procedure will be to transmit the ordinance to the DCA with the previous report as City Planning Consultant Judith Thomas explained at the Land Planning Agency. Once the report is completed and returned, the City will then set a final public hearing for adoption. B. 2. c) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. C. 1. a) Motion to read by title only proposed Ordinance No. 713 Council Member Watford moved to read by title only, Ordinance No. 713 rezoning unplatted land located on the East rezoning unplatted land located on the East side of South side of South Parrott Avenue from County Commercial to City Commercial as requested by Petition No. 98-001-R, Wal- Parrott Avenue from County Commercial to City Mart Stores East, Inc; seconded by Council Member Oliver. Commercial as requested by Petition No. 98-001-R, Wal- Mart Stores East, Inc. - City Attorney (Exhibit 2). C. 1. b) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 530 MAY 5,1998 - REGULAR MEETING - PAGE 5 OF 9 VI. PUBLIC HEARING CONTINUED. C. 1. © City Attorney to read proposed Ordinance No. 713 by title only. C. 2. (a) Motion to approve the first reading of proposed Ordinance No. 713. C. 2. (b) Discussion. C. 2. © Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. UNFINISHED BUSINESS. A. Finalize Streetscape Plans - Steve Sobieralski of Genesis Group (Exhibit 3). Attorney Cook to read proposed Ordinance No. 713 by title only. "An Ordinance of the City of Okeechobee, Florida regarding the rezoning of "unplatted lands in the city", amending the official zoning map of Okeechobee by rezoning a certain tract of land more particularly described herein, from Okeechobee County Commercial to City of Okeechobee Commercial (C, Commercial), amending the zoning map accordingly, providing for conflicts, severability, and an effective date." Council Member Watford moved to approve the first reading of proposed Ordinance No. 713 and defer setting a public hearing dat until the report concerning Ordinance No. 712 is returned from DCA; seconded by Council Member Markham. Council Member Watford asked if the legal description was correct. Attorney Cook responded that it was. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Mayor Kirk closed the Public Hearing at 6:26 p.m. Mr. Steve Sobieralski, Architect of Genesis Group, for the Community Development Block Grant, Downtown Redevelopment Streetscape rendered drawings of the proposed landscaping and light poles in the front of the buildings along South Park Street He also showed pictures of a completed Streetscape from downtown Sarasota with tree's in the sidewalks. The tree's will be eighteen inches from curb to center in a three x three foot square area. The trees may have to be juggled for visual purposes next to the stop sign at Okeechobee Hardware. The contract is to take approximately six months, the contractor hopes to push it to four months. Council Member Watford commented on his recent trip through downtown Orlando and their street scape. He was against the tree's in the sidewalks until he could actually see how nice it actually looks. The Council thanked Mr. Sobieralski for the information and agreed with the concept he presented. MAY 5,1998 - REGULAR MEETING - PAGE 6 OF 9 531 MI. UNFINISHED BUSINESS CONTINUED. B. Status Report regarding the Gas Tax Interlocal Agreement - City Attorney. Attorney Cook advised the Council that the proposed gas tax Interlocal agreement conforms to the discussion and tentative agreement that was reached at the joint meeting between the City and County representative. The following issues are noted: • The agreement provides for waiver of any prior claim as to distribution that the County claims they overpaid the City on the two -cent gas tax; and the City claims the County underpaid them from 1995 to 1997 on the six - cent gas tax. • The transportation related expenditures for the years 2003 to 2007 will form the basis for recalculation of the formula commencing October 1, 2008. • Under the statute as presently written, in the future the City and County can enter into other types of Interlocal agreements to share the money on an equitable basis; the City is not bound to use the ten year formula based upon transportation related expenditures, although that method is simple, and seemingly equitable on the surface. • Advise that any major transportation related expenditures be deferred until 2003 to assist in the formula for the City. Council Member Watford moved to approve the Interlocal Agreement regarding the Six -Cent Local Option Gas Tax; seconded by Council Member Oliver. Following a brief discussion where it was noted that this is the largest percentage the City has ever received, being 21.87 percent, and appreciation of all the hard work that went into the agreement, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 532 MAY 5,1998 - REGULAR MEETING - PAGE 7 OF 9 Mi. UNFINISHED BUSINESS CONTINUED. C. Status Report regarding proposed Walgreens site - City Attorney. Attorney Cook advised that Westco representative Brian West met with City Staff and the Mayor. He is still requested the City hold off on any litigation or declaratory judgement since he has made substantial progress with Sprint regarding relocating fiber optic lines in Block 155, the area for the proposed Walgreen's. D. Discuss paving Southwest 12th Avenue South of State Road 70 - Public Works Director Elders addressed the Council by explaining he discussed culverting and covering the County Public Works Director. ditch along Southwest 12th Avenue with South Florida Water Management District (SFWMD) and they concluded that ditch is a wetland. He then contacted the County, they implied they would not be interested in spending the fourteen 11 thousand dollars it is estimated to cost to culvert the ditch unless the City would donate the culverts. Following brief discussion, Council instructed Clerk Thomas to mail a letter to John's Auto Electric with a Street Closing application since the Council cannot pave the street without culverting the ditch. Vill. NEW BUSINESS. A. Motion to re -appoint Marsha Montesi and Andrea Nelson to the Council Member Watford moved to re -appoint Marsha Montesi and Andrea Nelson to the Code Enforcement Board, Code Enforcement Board, term beginning May 1,1998 and ending term beginning May 1,1998 and ending April 30, 2001; seconded by Council Member Markham. April 30, 2001 -Code Enforcement Board Secretary (Exhibit 4). Council stated they appreciated anyone who is willing to serve on the board. KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B. Discuss the need for a curfew ordinance - Mayor Kirk. Mayor Kirk stated that he would like to explore the possibility of a curfew ordinance for the City and encouraged the County to participate which could be more enforceable, he would like to see it for seven days a week, different time and have age limits. Attorney Cook commented that the City of Orlando implemented a curfew ordinance, it was challenged in the court system and the City won. He requested the City Clerk obtain a copy of the ordinance for him to use as a guideline. Council asked Police Chief Farrenkopf if he felt this is something that is needed? Chief responded that he did, there are a lot of young teenagers on the streets after one o'clock in the morning. MAY 5,1998 - REGULAR MEETING - PAGE 8 OF 9 533 VIII. NEW BUSINESS CONTINUED. C. FBI Consider a request for funding from the Okeechobee Development Authority for an airport sign - Paul Phillips (Exhibit 5). Discuss emergency generators - Council Member Chandler (Exhibit 6). Okeechobee Development Authority (ODA) Executive Director, Paul Phillips addressed the Council concerning the proposed sign for the Industrial Park. The Board of County Commissioners have spent one million dollars in upgrades to the park and airport and four hundred thousand dollars in private funds are being used. Mr. Phillips stated in his presentation that both areas, the Airport and the Airport Industrial Park are community assets that provide direct and indirect benefits to the City of Okeechobee. The existing signage is a detriment to any effort to attract high quality tenants to the Airport or Industrial Park. Replacement of the signage is an investment in one of our community's greatest assets, Okeechobee Airport. The new signs, one for the Airport and one for the Industrial Park will cost twenty-five thousand, eight hundred dollars ($25,800.00). The County has committed twelve thousand, nine hundred dollars ($12,900.) for one sign. The ODA is requesting the City contribute six thousand, four hundred sixty-eight dollars, seventy-five cents ($6,468.75) to share in the cost of the second sign. Council instructed City Staff to bring this item back up in two months. Review the budget for any surplus areas and see is the money if available then, if not they will address it in the 1998.99 budget. Council Member Chandler explained that on December 19, 1995 the Council voted to purchase a used, one hundred kilowatt generator, for nine thousand, five hundred dollars ($9,500) from Mr. Joe Wolff. Mr. Wolff signed an agreement guaranteeing the repair of the generator should it not work once it was connected to the City `s system. The generator was purchased and delivered to the Public Works Facility. Once there is was tested and is fully functional. However there were still some manuel change overs and electrical upgrades that needed to be made. The generator was to be transferred to the back of the Public Safety Building and connected to the City Hall and the Public Safety Building. The proposed building upgrades had to be completed since the new generator is too large to fit where the existing one does today. To date, the renovations have not started to the Public Safety Building. They now may not be necessary since the County is building a new library and the City will be requesting the old library building to relocate the Police Department. Something needs to be done since the existing generator will not run both buildings. He suggested the Council proceed with upgrading the one hundred kilowatt generator to be installed and keep the existing one to go to the old library for the Police Department Following discussion, the majority of the Council wanted an estimated price to fix the generator and decide at that time if they wanted to fix it or sell and purchase another one. Chief Tomey and Council Member Chandler are to bring this information back to the Council for further discussion and action. 534 MAY 5,1998 - REGULAR MEETING - PAGE 9 OF 9 IX. ADJOURN REGULAR MEETING - Mayor. 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`!?f ST:' BONNIE S. THOMAS, CIVIC, CITY CLERK (' z , , '.' �. �-' Y. 7 JAMES E. KIRK, MAYOR There being no further items on the agenda, Mayor Kirk adjourned the May 5, 1998 meeting at 7:50 p.m. __,