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1998-08-18 Regular Meeting5 Y { 1//I/irr 0� OK�EC10 z CALL TO ORDER: - Mayor: August 18, 1998, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend J.P. 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 IV. MINUTES - City Clerk. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 8 ---4 Mayor Kirk called the August 18,1998 Regular City Council Meeting to order at 6:00 p.m. Reverend J.P. Ziegler offered the invocation; Mayor Kirk led the Pledge of Allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Absent 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 July 14,1998 and the Regular Meeting of July 14,1998 and the Workshop of July 30,1998; seconded by Council Member Oliver. There being Workshop of July 30,1998. 1 no discussion on this item, the vote was as follows: KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. AUGUST 18,1998 - REGULAR MEETING - PAGE 2 OF 8 5I05 V. WARRANT REGISTER - City Administrator. A. Motion to approve the July 1998 Warrant Register, General Fund Council Member Watford moved to approve the July 1998 Warrant Registers in the amount, General Fund two hundred $223,131.88 and Public Facility Improvement Fund $81,571.23, twenty-three thousand, one hundred thirty-one dollars, eighty-eight cents ($223,131.88); and Public Facility Community Development Block Grant Fund $49,106.70. Improvement Fund eighty-seven thousand, five hundred seventy-one dollars, twenty-three cents ($81,571.23); and Community Development Block Grant Fund forty-nine thousand, one hundred six dollars, seventy cents ($49,106.70); seconded by Council Member Markham. 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 items "C" and "G", under New Business. VII. PRESENTATION OF CERTIFICATES - Mayor. A. Recognize and present Certificates of Appreciation to City Mayor Kirk read a summary of facts into the record regarding the Florida Wildland Fires. Just to give you an idea of Firefighters for their participation in the Florida Wildland Fires, Alan what the State of Florida was up against during the wildland fires, here are some facts and figures collected from the Clark, Phil Conroy, Jim Fusco, Glen Hodges, Herb Smith, Brian International Association of Fire Chiefs: Stokes and Steve Weeks, Sr. `The Florida wildland fires started on Memorial Day, they have burned more than half a million acres; with two thousand two hundred fires that have touched every one of Florida's sixty-seven counties. The Federal Government has declared disasters in forty counties, making residents eligible for financial assistance. Three deaths and more than one hundred injuries have been blamed on the fires. At least three hundred forty-two homes and thirty-four businesses have been damaged or destroyed. Damage is estimated at three hundred ninety-three million dollars and the fire fighting costs are more than one hundred thirty -three -million dollars. Okeechobee is in Region Seven for the State Disaster Plan and during the wildland fires Region Seven supported the following counties: Flagler, Duval, Lake, Alchua, Putnam, Volusia, Suwannee, Brevard and Daytona Raceway. Region Seven responded to fifty-six missions out of the total ninety-six. Okeechobee City Fire Department was involved in four the fifty-six missions. Our first deployment was on June 18,1998 mission number 004-028 where we sent a brush unit and two firefighters to Duval County. Our second mission on July 1,1998, number 004-043 we assisted Putnam County. SVP AUGUST 18,1998 - REGULAR MEETING - PAGE 3 OF 8 VII. PRESENTATION OF CERTIFICATES CONTINUED. A. Recognize and present Certificates of Appreciation to City Firefighters for their participation in the Florida Wildland Fires, Alan Clark, Phil Conroy, Jim Fusco, Glen Hodges, Herb Smith, Brian Stokes and Steve Weeks, Sr. continued. B. Recognize and present Distinguished Service Certificates to Ricky Holt, Clayton Williams and Larry Williams for their many years of dedicated service as City Volunteer Firefighters. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1 a) Motion to read by title only, proposed Ordinance No. 715 closing the alley running East to West in Block 155, City of Okeechobee - City Attorney (Exhibit 1). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 715 by titre only The third mission on July 2,1998, number 004-091 we sent two firefighters and one Class A engine to Brevard County. On mission number 004-091 we replaced those two firefighters with three more which stayed with the Class A engine. Our last day of deployment was July 5,1998." Mayor Kirk called upon Volunteer Lt. Weeks, Lt. Smith, Firefighters Stokes, Hodges, Fusco Clark and Conroy forward and presented each one with a Certificate of Appreciation for their participation in the 1998 Florida Wildland Fires. Mayor Kirk called upon Ricky Holt, Clayton Williams and Larry Williams to come forward and receive a Distinguished Service Certificates for their many years of dedicated service as City Volunteer Firefighters on behalf of the City Council. He then presented plaques to each of them from the City Fire Department, to Ricky Holt for thirty years of volunteer service, to Lary Williams for thirty years of volunteer service and to Clayton Williams for forty years of volunteer service. Mayor Kirk extended a sincere thanks to each one. Mayor Kirk opened the Public Hearing for Ordinance Adoption at 6:10 p.m. Council Member Oliver moved to read by titre only, proposed Ordinance No. in Block 155, City of Okeechobee; seconded by Council Member Watford. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 715 closing the alley running East to West Attorney Cook read proposed Ordinance No. 715 by titre 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; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE." --4 AUGUST 18,1998 - REGULAR MEETING - PAGE 4 OF 8 567 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A. 2 a) Motion to adopt proposed Ordinance No. 715. Attorney Cook recommended that when the motion to adopt the Ordinance is made it should state: " the alley being closed is described as that alley in Block 155, running East to West, North of Lots 12 to 7", and the effective date should be amended to read, "upon the receipt of new easements to Sprint from the property owner". Adding the lots would keep the legal description clear. The reason for the second addition to the motion is to allow for time for the new easements prior to the ordinance being recorded and not creating a "gap" of time. Council Member Markham asked if it would also be better to stipulate the effective date to be after the closing date of all the property by Okeechobee Development 1, Inc? To date there are still three property owners they must close with. Attorney Cook advised that was not necessary with this alley closing. Council Member Watford stated he would abstain from voting since he is employed by one of the companies that was involved in this alley closing. He continued his comments stating, "I apologize to the Council for any situations or problems this project has caused anyone, I have not, to the best of my knowledge, spoken with any of you asking for you to approve this and I have done everything in power to stay out of it and abstained from voting and filed all the necessary papers." Mayor Kirk accepted Council Member Watford's apology but stated that it was not necessary. b) Public Comments. Mayor Kirk asked whether there were any comments from the public. Mr. Todd Wickartl representing Okeechobee Development 1, Inc. addressed the Council stating they are expected to close on all the property September 15 and have assured Walgreen's the store would be ready for them to move into by March 1. Mayor Kirk asked if he understood him to say that his company has been able to work out a contract with Mr. Gene Fulford, who is one of the property owners in the Block? Mr. Wickard responded that yes they had come to terms with Mr. Fulford but that nothing is signed yet The Council also received all documentation as requested regarding the utility agreements. Council Member Oliver moved to adopt proposed Ordinance No. 715, amend the legal description to read "North of lots 12 to 7 , and amend the effective date to read, "upon receipt of new easements to Sprint", as recommended by Attorney Cook and give Mayor Kirk authority to sign the ordinance; seconded by Council Member Chandler. c) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - ABSTAINED MOTION CARRIED. AUGUST 18,1998 - REGULAR MEETING - PAGE 5 OF 8 IX. UNFINISHED BUSINESS. A. Motion to approve selling the 100-kilowatt Emergency Generator to Council Member Chandler moved to approve selling the 100-kilowatt emergency generator to Dixie Surplus Machinery, Dixie Surplus Machinery, Inc. in the amount of $4,378.00 - Chief Inc. in the amount of four thousand, three hundred seventy-eight dollars ($4,378.00); seconded by Council Member Tomey (Exhibit 2). Oliver. Following a brief discussion, the vote was as follows: KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B. Hear from City Attorney regarding the status of contacting the Attorney Cook advised he has contacted Attorney Selmi and requested the name(s) and addresses of the Trustees for property owner(s) of 301 West South Park Street, and approve the the property but has not received anything to date. He requested permission to obtain the information from Mr. Altobello. Sign age Agreement between the City and Village Square The Council agreed, and instructed Attorney Cook to bring this information and the property owner's response Restaurant, Inc. proprietors - Attorney Cook (Exhibit 3). back to the next City Council meeting. C. Discuss options regarding costs involved in property cleaning - Council Member Chandler requested Attorney Cook add in the Land Development Regulations (LDR's) a section to Council Member Chandler. give a property owner notice of a code violation and if the owner does not respond, the City can go on the property and take care of the violation and send the bill to the owner. Should the owner still not respond, this (the cost incurred by the City), can then be added to the owner's property taxes. Should they default on their taxes, the Tax Collector's office could handle foreclosures on the property. X. NEW BUSINESS A. Motion to approve Amendment No. 2 to the Community Development Block Grant Contract No. 95-DB-65-05-57-02-C37 to reduce the number of facades from seventy-one storefronts to sixty-six storefronts - Fred Fox, Grant Administrator (Exhibit 4). Attorney Cook responded that he could add that to the LDR's since he also needs to add the section on migrant housing in multi -family districts. Mayor Kirk asked for everyone to think about this, have Attorney Cook insert it, if the Council wants it, it can be left in, or they may choose to delete it, everyone agreed.. Council Member Watford moved to approve Amendment No. 2 to the Community Development Block Grant Contract No. 95-DB-65-05-57-02-C37 to reduce the number of facades from seventy-one storefronts to sixty-six storefronts; seconded by Council Member Oliver. Mr. Fred Fox, Grant Administrator advised the amendment also moved some monies around. The facade renovation project is finished. The grant will now be closed out and the City will be able to apply for a new grant in March of 1999. AUGUST 18,1998 - REGULAR MEETING - PAGE 6 OF 8 ij X. NEW BUSINESS CONTINUED. A. Motion to approve Amendment No. 2 to the Community Council Member Markham asked about any remaining problems with the facade. Mr. Fox responded that this would -� Development Block Grant Contract No. 95-DB-65-05-57-02-C37 to not affect it, they handle any problems with the facade project through the contractor's warranty. The Council also reduce the number of facades from seventy-one storefronts to discussed and instructed that the temporary signs placed along North Park Street be taken down. sixty-six storefronts continued. KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B. Receive a final Report on the Community Development Block III Mr. Darden was not present. Therefore, they did not discuss this item. Grant Facade Renovation - Jim Darden, W.G. Mills. C. Motion to approve a $4,500.00 reimbursement to the County for the III This item was withdrawn from the agenda. Solid Waste Request for Proposal's - Mayor Kirk (Exhibit 5). D. Consider waiving permit fees on construction of new County Attorney Cook explained that as an accommodation to the County, and since tax dollars would be used to pay any Library and allow County to conduct inspections - Administrator permitting fees, the County had requested their fees be waived. Administrator Bradshaw discussed this with our Building Bradshaw. Official. To waive the fee's they recommended the County carry the load and since they have the personnel, they could conduct the building inspections. Any inspections required by the City Fire or Police Department would still be carried out by City staff. Council Member Oliver moved to approve waiving the permit fees on the construction of the new County Library and allow the County to conduct their building inspections excluding those required by the City Police and City Fire Departments; seconded by Council Member Markham. KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. ST AUGUST 18,1998 - REGULAR MEETING - PAGE 7 OF 8 X. NEW BUSINESS CONTINUED. E. Motion to approve a Taxi Cab Renewal Permit Application by A-1 I Council Member Oliver moved to approve a Taxi Cab Renewal Permit Application by A-1 Taxi and All County Taxi Corp; Taxi and All County Taxi Corp. - Administrator Bradshaw (Exhibit seconded by Council Member Watford. Attorney Cook asked whether Police Chief Farrenkopf had received any 6). complaints in the past year, he responded that no complaints were filed. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - ABSTAINED MOTION CARRIED. F. Discuss awarding a Street Striping Bid to Best Striping, Inc. of Following a brief discussion, Council Member Watford moved to award a Street Striping Bid to Best Striping, Inc. Loxahatchee in the amount of $17,570 - Public Works Director of Loxahatchee in the amount of seventeen thousand five hundred seventy dollars ($17,570.00); seconded by Elders (Exhibit 7). Council Member Markham. Public Works Director Elders commented that this was the only bid received, the City has awarded bids to this company in the past and been satisfied with their work performance. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. G.1. a) Motion to read by title only and set September 1,1998 as a public This item was withdrawn from the agenda. hearing date for proposed Ordinance No. 716 regarding the adoption of the City's Land Development Regulations - City Attorney (Exhibit 8). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 716 by title only. G. 2 a) Motion to approve the first reading of proposed Ordinance No. 716. b) Vote on motion. AUGUST 18,1998 - REGULAR MEETING - PAGE 8 OF 8 '57' XI. ADJOURN REGULAR MEETING - Mayor. III There being no further items on the agenda, Mayor Kirk adjourned the August 18, 1998 meeting at 7:55 p.m. 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, whic i ludes the testimony and evidence upon which the appeal is to be based. ATTEST: JAMES E. IkIRK, MAYOR BONNIE S. THOMAS, CMC, CITY CLERK ,i,