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1998-07-14 Regular Meeting11� y0 I. CALL TO ORDER: - Mayor: July 14,1998, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Bill Prevatte; 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 IV. MINUTES - City Clerk. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 10 ---A Mayor Kirk called the July 14, 1998 Regular City Council Meeting to order at 6:04 p.m. Pastor Bill Prevatte of the Okeechobee Missionary Baptist Church offered the invocation; Mayor Kirk led the Pledge of Allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present 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 Regular Meeting of June 9,1998. Regular Meeting of June 9,1998; seconded by Council Member Oliver. There being no discussion,- on this item, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. JULY 14,1998 - REGULAR MEETING - PAGE 2 OF 10 551 V. WARRANT REGISTER - City Administrator. A. Motion to approve the June 1998 Warrant Register, General Fund Council Member Watford moved to approve the June 1998 Warrant Register, in the amounts, General Fund two $219,109.95, Public Facility Improvement Fund $105,249.13, hundred nineteen thousand, one hundred nine dollars, ninety-five cents ($219,109.95) and Public Facility Improvement Community Development Block Grant Fund $84,453.33 Debt Fund one hundred five thousand, two hundred forty-nine dollars, thirteen cents ($105,249.13), Community Development Service Fund $99,682.48. Block Grant Fund eight -four thousand, four hundred fifty-three dollars, thirty-three cents ($84,453.33) and Debt Service Fund ninety-nine thousand, six hundred eighty-two dollars, forty-eight cents ($99,682.48); seconded by Council Member Oliver. There being no discussion on this item, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on Mayor Kirk asked whether anyone had requests for addition's, deferral's or withdrawal's of items on today's agenda. today's agenda. I Mayor Kirk withdrew item F., Exhibit 10, under New Business and added Item I., Exhibit 12, under New Business. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III Mayor Kirk opened the Public Hearing for Ordinance Adoption at 6:08 p.m. A.1. a) Motion to read by title only, proposed Ordinance No. 712 amending Council Member Watford moved to read by title only, proposed Ordinance No. 712 amending the Future Land Use Map the Future Land Use Map in the City of Okeechobee's in the City of Okeechobee's Comprehensive Plan as requested in Application No. 98-CI-001; seconded by Council Comprehensive Plan as requested in Application No. 98-CI-001 - Member Markham. City Attorney (Exhibit 1). A.1. b) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 552 JULY 14,1998 - REGULAR MEETING - PAGE 3 OF 10 Al. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 712 by title only. City Attorney read proposed Ordinance No. 712 by title only as follows: "An Ordinance of the City of Okeechobee, Florida 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" A 2. a) Motion to adopt proposed Ordinance No. 712. III Council Member Oliver moved to adopt proposed Ordinance No. 712; seconded by Council Member Markham. A. 2. b) Comments or questions from the Public. Mayor Kirk asked whether there were any comments or questions from the Public. None were stated. Council Member Watford asked if this completed everything with the Department of Community Affairs (DCA). City Planner Judith Thomas advised that DCA has cleared the comprehensive plan amendment, there is nothing to preclude the City from adopting this ordinance, DCA will have a twenty-one day waiting period but no problems are expected. A. 2. c) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 713 amending Council Member Watford moved to read by title only, proposed Ordinance No. 713 amending the Official Zoning the Official Zoning Map of the City of Okeechobee as requested in Map of the City of Okeechobee as requested in Application No. 98-001-R; seconded by Council Member Oliver, Application No. 98-001-R - City Attorney (Exhibit 2). B.1. b) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B.1. c) City Attorney to read proposed Ordinance No. 713 by title only. Attorney Cook read proposed Ordinance No. 713 by title only as follows: "An Ordinance of the City of F 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." JULY 14,1998 - REGULAR MEETING - PAGE 4 OF 10 553 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. a) Motion to adopt proposed Ordinance No. 713. B. 2. b) Comments or questions from the Public. B. 2. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VIII. UNFINISHED BUSINESS. Council Member Oliver moved to adopt proposed Ordinance No. 713; seconded by Council Member Markham. Mayor Kirk asked whether there were any comments or questions from the Public. None were stated. Council Member Watford stated this was the same parcel of property, (as agenda Item VII A 1.a), and that the Planning Board recommended approval of this zoning ordinance. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Mayor Kirk closed the Public Hearing at 6:12 p.m. A. Discuss Signage Agreement between the City and Village Square Attorney Cook explained that he received a letter from Attorney Becht dated June 29, 1998 on behalf of the Village Restaurant, Inc. - City Attorney (Exhibit 3). Square Restaurant, Inc., the tenant at 301 West South Park Street stated the agreement the City prepared is acceptable with a minor amendment, Mr. Brown is not associated with the restaurant operation and should not be a named party to it The corrections have been made and once the City approves it he will forward it to Attorney Becht for Mrs Janice Brown's signature. The agreement states Mrs. Brown is: "granted a license for full and free right and liberty to erect and maintain an exterior illuminated sign advertising the business of Village Square Restaurant at the location of 301 West South Park Street, Okeechobee Florida, as such sign presently exists". In return for the mutual agreements herein, the City and Mrs. Brown agree to forgo any further claim or demand against the other in this dispute involving the sign, and release each other from any such claim, except as specifically set forth herein. In return for the City's grant of license to Mrs. Brown to continue the use of the present sign, Mrs. Brown stipulates and agrees, jointly and severally, that this license as granted unto Mrs. Brown for the sign, shall be confined solely to the present owners of Village Square Restaurant, Inc., as the signs present location and the license and rights granted herein for the continued placement and display of the sign shall not be assignable, and shall terminate upon the occurrence of the following events, which ever shall first occur: 554 JULY 14,1998 - REGULAR MEETING - PAGE 5 OF 10 VIII. UNFINISHED BUSINESS CONTINUED. A. Discuss Signage Agreement between the City and Village Square 1. Upon conclusion of the tenancy, or termination of Mrs. Brown's leasehold possession of the structure at 301 West South Park Restaurant, Inc. Continued. Street by action of their landlord; or 2. Upon the termination or dosing of the business by Mrs. Brown or upon the sale, assignment, transfer or other disposition of the business by Mrs. Brown. It is understood that upon the termination of this license as provided above, that Mrs. Brown, their agents or assigns shall immediately cause the sign to be removed from the structure. It is further understood and agreed that Mrs. Brown, for such term as she remain in the structure, except for the erection and maintenance of the sign, shall otherwise conform with all other terms and conditions of the Community Development Block Grant administered by Fred Fox Enterprises on behalf of the City, In response to questions from the Council, Attorney Cook recommended the approval of this agreement he felt this was the best way to handle this and there was no other recourse he felt. Council Member Markham asked if Attorney Cook had directly contacted the actual property owners of 301 West South Park Street or was he going through the person who signed the grant documents with an expired Power of Attorney. Attorney Cook replied that he was still working through Mr. Altobello. Following discussion, Council instructed Attorney Cook to directly contact the owners of the property in writing, get a response on their comments of this agreement and request guidance on who has authority to speak on their behalf concerning their property in Okeechobee and if they intend to continue going through Frank Altobello, to renew their Power of Attorney with him. This item will be represented at the August 4, 1998 meeting. B. Confirm appointment of five members to the Board of Adjustment - Clerk Thomas advised the Council that all the Code Enforcement Board Members were contacted and asked if they City Clerk. would serve as the City's Board of Adjustment for the remainder of 1998. At which time the Land Development Regulations should be adopted. They all agreed to serve. A letter was sent to confirm the conversation and to thank each of them of behalf of the City Council for taking on this endeavor. Council Member Watford moved to appoint the Linda Ballinger, Harrison O'Connor, Matt Seder, Marsha Montesi, James Palmore, Andrea Nelson and Shirley Johnson as the City's Board of Adjustment; seconded by Council Member Oliver. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. JULY 14,1998 - REGULAR MEETING - PAGE 6 OF 10 555 IX. NEW BUSINESS. A. 1. Discuss costs to pave a portion Southwest 12" Avenue, from State Public Works Director Elders presented the Council with preliminary costs to pave a portion of Southwest 12th Avenue Road 70 to 2"d Street - Public Works Director (Exhibit 4). from State Road 70 to Southwest 2"d Street. The Public Works Department can perform four of the items on the list reducing the cost from forty-six thousand, three hundred dollars ($46,300.00) to thirty-eight thousand dollars ($38,000). Then, used guardrails can be purchased to also help lower the cost. This is still not up to the Department of Transportation (DOT) Standards, which cannot be achieved since South Florida Water Management District will not allow the ditch to have a culvert installed and covered since it is declared a wetland. Without covering the ditch there is not enough right of way for DOT Standards. There was a lengthy discussion between the Council and Staff, Council requested that paving the portion of Southwest 12a, Avenue be put in for consideration at the top of the list for paving in the proposed 1998199 fiscal year budget. KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. A. 2. a) Motion to read by title only and set August 18,1998 as a public Item was withdrawn from agenda due to the action taken in the above item. hearing date for proposed Ordinance No. 715 closing a portion of Southwest 12'h Avenue from State Road 70 to 2"d Street - City Attorney (Exhibit 5). A. 2. b) Vote on motion Item was withdrawn from agenda due to the action taken in the above item. A. 2. c) City Attorney to read proposed Ordinance No. 715 by title only. Item was withdrawn from agenda due to the action taken in the above item. A. 3. a) Motion to approve the first reading of proposed Ordinance No. 715. Item was withdrawn from agenda due to the action taken in the above item. A. 3. b) Vote on motion. Item was withdrawn from agenda due to the action taken in the above item. 556 JULY 14,1998 - REGULAR MEETING - PAGE 7 OF 10 IX. NEW BUSINESS CONTINUED. B. 1.a) Motion to read by title only and set August 18, 1998 as a public Council Member Chandler moved to read by title only and set August 18, 1998 as a public hearing date for proposed hearing date for proposed Ordinance No. 716 closing the alley Ordinance No. 716 closing the alley running East to West in Block 155, City of Okeechobee; seconded by Council running East to West in Block 155, City of Okeechobee - City Member Markham. (To keep the numbering system for City Ordinances in line, this ordinance will be renumbered Attorney (Exhibit 6). to 715 due to no action and withdrawal of the previous item.) B. 1.b) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B. 1.c) City Attorney to read proposed Ordinance No. 74-6 715by titre only. Attorney Cook read proposed Ordinance No. 715 by title only as follows: AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED IN BLOCK 155, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5 , PAGE 5 , PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF 11 THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. Council received and discussed this revised proposed Ordinance, (having deleted any reference to an easement therein), concluding that the Lines for Florida, Power and Light, Sprint, Time Warner and Water/Sewer will be relocated; and that the City cannot hold the final public hearing on this ordinance until it receives proper documentation that agreements have been signed by the developer with each utility company. Council member Markham also reminded Mr. Joe Feldman, representative of the developer that once the City closes the alley they, (the developer), must then reach an agreement with the Hamrick Trust for the alley. Mr. Feldman stated that he understood. There is also the issue of abandoning the easement of the North to South Alley in block 155, which will be presented at the August 4,1998 meeting for Council consideration. Council Member Markham moved to approve the first reading of proposed Ordinance No. 715; seconded by Council B. 2.a) Motion to approve the first reading of proposed Ordinance No.-74-6 Member Oliver. 715. _.-4 JULY 14,1998 - REGULAR MEETING - PAGE 8 OF 10 557 A IX. NEW BUSINESS CONTINUED. B. 2.b) Vote on motion. III There being no further discussion, the vote on the motion was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - ABSTAINED MOTION CARRIED. C. Motion to approve a Settlement regarding Professional Services Council Member Watford moved to approve a Settlement regarding Professional Services rendered for the Master Plan, rendered for the Master Plan, Building Facade, and Streetscape Building Facade, and Streetscape between the City and Genesis Group; seconded by Council Member Oliver. between the City and Genesis Group - Mayor (Exhibit 7). Council Member Watford thanked the Mayor for his work on this, it was better than what was anticipated. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. D. Motion to adopt Resolution No. 98-6 approving the Transfer and Council Member Watford moved to adopt Resolution No. 98-6 approving the Transfer and Assignment of a Cable Assignment of a Cable Television Franchise from Time Warner, Television Franchise from Time Warner, Inc. to Telesat Acquisition Limited Partnership (TALP); seconded by Council Inc. to Telesat Acquisition Limited Partnership (TALP) - City Member Oliver. Mr. Mark Galloway gave a short presentation of his company, Aldelphia, which is the °parent company. Attorney, Mark Galloway and Dan LaCroix of Time Warner (Exhibit 8). Attorney Cook read proposed Resolution No. 98-06 by He only as follows: A Resolution granting the consent of the City Council of the City of Okeechobee, Florida to the transfer of control of Ultra Corn of Dade County, Inc. and its Cable Television System from Time Warner Inc. to Telesat Acquisition Limited Partnership ("TALP"); Providing for an Effective Date. 558 JULY 14,1998 - REGULAR MEETING - PAGE 9 OF 10 IX. NEW BUSINESS CONTINUED. D. Motion to adopt Resolution No. 98-6 approving the Transfer and Assignment of a Cable Television Franchise from Time Warner, Inc. to Telesat Acquisition Limited Partnership (TALP) continued. There being no further discussion, the vote on the motion was as follows: KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. E. Consider an extension of the current Franchise Agreement Attorney Cook explained that the current franchise agreement with Sprint Telephone expires July 31, 1998, the between the City and Sprint on a month to month basis pending renegotiation procedures are a complicated impossible task for this short of time which is why Staff is recommending negotiation of a new agreement - City Attorney (Exhibit 9). 1 this on a month to month basis until we can determine the best procedures for the City to take. Council Member Oliver moved to extend the current Franchise Agreement between the City and Sprint on a month W month basis pending negotiation of new agreement; seconded by Council Member Markham. There being no further discussion, vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. F. Discuss options regarding a road segment on Southwest 2"d I Item was withdrawn from agenda. Avenue between 151h and 16`h Streets (Future County Library Site - City Attorney (Exhibit 10). G. Authorize the City to clear and clean undeveloped land and assess Council Member Chandler explained that the City's current procedures for Code Enforcement Violations, should the the property owner associated costs - Council Member Chandler. violation not be taken care of once a citation is given, is to post a lien on the property. However, there are several years worth of liens of several properties within the City. He requested research for an ordinance with more "bite" in order to get a better response from the property owners. JULY 14,1998 - REGULAR MEETING - PAGE 10 OF 10 559 -A IX. NEW BUSINESS CONTINUED. G. Authorize the City to clear and clean undeveloped land and assess the property owner associated costs - Council Member Chandler. H. Discuss a request for a $10,000.00 grant to assist with operational expenses for the Okeechobee Chamber of Commerce - Brenda O'Connor, Executive Director (Exhibit 11). I. Set date and time for budget hearings and tentative millage rate - Finance Coordinator (Exhibit 12). X. ADJOURN REGULAR MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the City;Cquncil with respect to any matter considered at this mee' , he/she may need to ihsure,that averbatim record of the proceeding is made, whic cord in udes the testimony and evidenc2`upori: voic the appeal is to be based. *7TEST;JAMES E. KIRK, MAYOR BONNIS4THOAS�,CMC, CITY CLERK Member Chandler further stated, there is also a situation in the Northwest Section, Block 43, City of Okeechobee, where the property owners of Lots 1 to 13, have called and complained about the Lots directly South of them, 14 to 26. That property owner lives out of town. The property, Lots 14 to 26, has been cited and liens posted, and there is still no response from the owner. Through research we have found that the owner is now a Trust. One of the trustees will sell, but the other will not. If the City could write a letter stating that the City estimates it will cost approximately three thousand dollars ($3,000.00) to clean up the property and the City will clean it up and send the bill to the owner, it might get some response. The owner of Lots 1 to 13 are all willing to purchase the lots South of them from the Trust. Council agreed to have Attornev Cook send the letter as suggested and keep the Council informed as to progress in the matter. Kathy Scott, President of the Chamber of Commerce appeared before the Council requesting an annual financial support of ten thousand dollars for the Chamber and the opportunity to renegotiate the current lease to allow for office space rental atthe Chamber's building. Following a lengthy discussion, Council requested the Chamber provide the Council with its last two years financial statements, itemizing their revenues and expenditures. After review of those documents, Council will give the request due consideration during the budget process. Council also gave Attornev Cook the authority to meet with the_Chamber's Attorney to discuss possible revisions to the existing lease and for the Attorney to bring it back to the Council for consideration. Council agreed to hold the Budget Workshop on August 25,1998 at 6:00 p.m.; First Budget Hearing on September 10, 1998 at 6:00 p.m. and the final Budget Hearing on September 22,1998 at 6:00 p.m. Council also discussed the regular meetings for September, they will hold the first meeting as scheduled for the 1 st and postpone the meeting scheduled for the 15th to hold it after the Budget Hearing on the 22"d There being no further items on the agenda, Mayor Kirk adjourned the July 14, 1998 meeting at 8:00 p.m.