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1997-03-17 Regular Meeting510 I, * OKjEC 11 O y0 z . CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 5 I. CALL TO ORDER: - Mayor: March 17, 1998, City Council Regular Meeting, 6:00 p.m. -4 0 Mayor Kirk called the March 17, 1998 Regular City Council Meeting to order at 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Bill Prevatte, Okeechobee Missionary Baptist Church; Pastor Bill Prevatte offered the invocation; Pledge of Allegiance led by Mayor. III Mayor Kirk led the Pledge of Allegiance. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Clerk Thomas called the roll: Mayor James E. Kirk Present Council Member Noel A. Chandler Present Council Member Lowry Markham Present Council Member Robert Oliver Present Council Member Dowling R. Watford, Jr. Present City Attorney John R. Cook Present City Administrator Robert J. Bradshaw Present City Clerk Bonnie S. Thomas Present Deputy Clerk S. Lane Gamiotea Present 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 Workshop and Regular Meeting of March 3, Workshop Meeting and the Regular Meeting of March 3, 1998; seconded by Council Member Oliver. There being no 1998. discussion on this item, vote was as follows: KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. MARCH 17,1998 - REGULAR MEETING - PAGE 2 OF 5 511 V. WARRANT REGISTER - City Administrator. A. Motion to approve the Warrant Register for February 1998, Council Member Watford moved to approve the Warrant Register for February 1998, in the amounts: General Fund two General Fund $212,633.60, Public Facilities Improvement Fund hundred twelve thousand, six hundred thirty-three dollars, sixty cents ($212,633.60), Public Facilities Improvement $63,233.57 and Community Development Block Grant Fund Fund sixty-three thousand, two hundred thirty-three dollars, fifty-seven cents ($63,233.57) and Community Development $76,338.27. Block Grant Fund seventy-six thousand, three hundred thirty-eight dollars, twenty-seven cents ($76,338.27); seconded 11 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. 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. I There were none. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. Mayor Kirk opened the public hearing at 6:08 p.m. A. 1. a) Motion to read by title only, proposed Ordinance No. 710 Council Member Oliver moved to read by title only, proposed Ordinance No. 710 regarding a voluntary annexation of regarding a voluntary annexation of 27.14 acres of 27.14 acres of property owned by Etta Merle Hendry and located along the East Side of South Parrott Avenue; property owned by Etta Merle Hendry and located along seconded by Council Member Markham. the East Side of South Parrott Avenue - City Attorney (Exhibit 1). b) Vote on motion to read by title only. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 512 MARCH 17,1998 - REGULAR MEETING - PAGE 3 OF 5 %Al. PUBLIC HEARING FOR ORDINANCE ADOPTION A. 1. c) Attorney Cook reads proposed Ordinance No. 710. A. 2. a) Motion to adopt proposed Ordinance No. 710. b) Public Comment. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Attorney Cook read proposed Ordinance No. 710 by title only as follows: "An Ordinance of the City of Okeechobee, Ronda providing for the voluntary annexation by the City of Okeechobee of the Etta Merle Hendry Annexation Parcel being generally a parcel of land approximately 27.14 acres, on the East side of State Road 15 (US 441), and being in Sections 27 and 28, Township 37 South, Range 35 East Okeechobee County, Rorida; Upon the petition of the owner(s) thereof, Declaring that the voluntary petition for annexation filed pursuant to Florida Statutes 171.044 bears the signature of the owner(s) of the property to be annexed and that such application complies with all requirements of chapter 171, Florida Statutes; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes." Council Member Oliver moved to adopt proposed Ordinance No. 710; seconded by Council Member Markham. Mayor Kirk asked if there were any comments from the public. There were none. Susan Motley, an Attorney of Wal-Mart introduced herself to the Council and gave a brief overview of the project for the Super Center. Council discussed briefly various items with City Planner Jim LaRue and City Administrator Robert Bradshaw. Council was assured that the City's current Police and Fire protection forces would be adequate according to reports and that the Super Center also has its own internal sprinkler system for fire protection. KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Mayor Kirk closed the public hearing at 6:13 p.m. VIII. NEW BUSINESS. A. Motion to approve a Grant of Easement to William Farbarik for the Attorney Cook advised Council not to consider this item until Mr. Farbarik signs the grant of easement. Council Member Southeasterly 16.00 feet of Lot 8, Block 4, Revised Plat of Wilcox Shores - City Attorney (Exhibit 2). Oliver moved to table; seconded by Council Member Watford. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. MARCH 17,1998 - REGULAR MEETING - PAGE 4 OF 5 513 All. NEW BUSINESS CONTINUED B. Motion to approve Change Order No. 2 for the Community Council Member Watford moved to approve Change Order No. 2 for the Community Development Block Grant Development Block Grant Construction Contract with W.G. Mills, Construction Contract with W.G. Mills, Inc. in the amount of twenty-seven thousand, sixty-two dollars ($27,062.00); j Inc. in the amount of twenty-seven thousand, sixty-two dollars seconded by Council Member Markham. Following a brief discussion, the vote was as follows: ($27,062.00) - City Administrator (Exhibit 3). KIRK -YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. C. Motion to retain the Law Offices of Holland & Knight, LLP, Following a lengthy discussion, Council Member Watford moved to give Mayor Kirk the authority to retain the Law regarding the Gas Tax Issue - City Attorney (Exhibit 4). Offices of Holland & Knight LLP based upon his opinion after the March 30 meeting held with the County, regarding the Gas Tax Issue: seconded by Council Member Markham. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - NO WATFORD - YES MOTION CARRIED. D. Discuss amended Streetscape Plans for the Community Mr. Steve Sobieralski, Architect of the Genesis Group, addressed the Council explaining Exhibit Five. The proposed Development Block Grant - City Administrator (Exhibit 5). plan for the Streetscape portion of the downtown grant estimated cost is one million, one hundred sixty-four thousand, one hundred eighty-eight dollars ($1,164,188.00). He distributed to the council a memorandum containing two options. Option Two is more in line with what the Council is looking for, he felt. Option two includes lighting on Park Street (Blocks 164-170) and side streets with partial development of Park Street. Cost will include an additional $5,000.00 for Bonds. Council requested the total cost of Pavers in the amount of $38,000.00 from the Option One memo be added to the Option Two memo for their final consideration. (Estimated project cost shown in memo for Option Two is $490,400.00. With additions discussed of: cost of Pavers $38,000.00, plus Bonds of $5,000.00, brings estimated cost total to $537,200). Council requested that Mr. Sobieralski get confirmed project cost figures and present a completely accurate cost analysis and contract for presentation to the Council at the next meeting. 514 MARCH 17,1997 - REGULAR MEETING - PAGE 5 OF 5 X. 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, helshe 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. ATTEST: JAMES �EfIRK, MAYOR There being no further items on the agenda, Mayor Kirk adjourned the March 17, 1998 Regular Meeting at 7:17 p.m. 4