Loading...
1998-09-11 Regular MeetingCITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER: - Mayor: September 1, 199.8, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend Ellis Dean of Okeechobee First Baptist Church; 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. A. Motion to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of August 18,1998 and the Budget Workshop of August 25,1998. Mayor Kirk called the September 1, 1998 Regular City Council Meeting to order at 6:08 p.m. Reverend Ellis Dean 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 8 Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of August 18, 1998 and the Budget Workshop of August 25, 1998; seconded by Council Member Watford. There being no discussion on this item, the vote was as follows: KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 578 SEPTEMBER 1, 1998 - REGULAR MEETING - PAGE 2 OF 8 V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. today's agenda. New Business items "E" and "F" where added by Council Member Markham to adopt Resolutions and item "G" was added by Fire Chief Tomey to discuss painting Fire Engine No. 5. VI. PROCLAMATIONS AND PRESENTATIONS. A. Mayor to Proclaim November 3, 1998 as the General Election date Mayor Kirk read the following proclamation in its entirety: "PROCLAMATION FROM OFFICE OF THE MAYOR, NOTICE to elect three City Council Members and one City Clerk - Mayor OF GENERAL CITY ELECTIONS, CITY OF OKEECHOBEE, FLORIDA, NOVEMBER 3,1998, WHEREAS, under and (Exhibit 1). by virtue of the provisions of the Charter of the city of Okeechobee, Florida, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided by said City Charter. NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIM AND DECLARE that a GENERAL CITY ELECTION by the duly qualified electors of the City of Okeechobee, Florida, be held on Tuesday, November 3,1998, during the regular hours of voting, towit from 7:00 a.m. to 7:00 p.m., for the purpose of electing the following officers to serve as such for four (years beginning January 1, 1999 and ending December 31, 2002, following such election or until their successors are elected and qualified: THREE (3) COUNCIL MEMBERS AND ONE (1) CITY CLERK SAID ELECTION shall be held in the normal polling or voting places within the normal precincts of the duly qualified City electors, which precincts have been established by the Okeechobee Board of County Commissioners and Supervisor of Elections for the General Election of Okeechobee County. IN TESTIMONY AND WITNESS of the foregoing Notice of Election, I have hereunto set my hand as Mayor of the City Okeechobee, Florida, and caused the corporate seal of said City to be affixed, and attested to by the City Clerk, this 1 s1 day of September, 1998." B. Recognize Mayor Kirk for being chosen as an outstanding Administrator Bradshaw recognized Mayor Kirk for being chosen as an outstanding community leader in the American community leader in the American Hometown Leaders Award Hometown Leaders Award program sponsored by the National Center for Small Communities (NCSC) and the Wal-Mart Program sponsored by the National Center for Small Communities Foundation. The NCSC is the only national non-profit organization devoted to serving leaders of American's small and the Wal-Mart Foundation - City Administrator. communities. The winner's of the American Hometown Leadership Award demonstrate not only outstanding leadership qualities, but also their creativity and initiative needed to bring a measure of excellence to their work. Their ability to envision great things for their community, and their ability to translate that vision into action, makes them deserving of our highest honor. The Wal-Mart Foundation will award more than seven hundred thousand dollars in grants to nearly three hundred communities across the country through the American Hometown Leadership Award. The Mayor and Administrator will attend a luncheon on Friday, September 11 in Washington, DC to receive the one thousand dollar grant which the Mayor has decided to donate to the City for the Florida Main Street Fund. Council Members Watford, Markham, Oliver and Chandler, Attorney Cook and City Clerk Thomas all took a few minutes to also recognize Mayor Kirks outstanding leadership as Mayor of the City and extended a congratulations on winning the award. SEPTEMBER 1,1998 - REGULAR MEETING - PAGE 3 OF 8 VII. OPEN PUBLIC HEARING - Mayor. Mayor Kirk opened the public hearing at 6:27 p.m. A.1. a) Motion to read by title only, proposed Ordinance No. 716 regarding 111 Council Oliver moved to read by title only, proposed Ordinance No. 716 regarding the Land Development Regulations the Land Development Regulations of the City of Okeechobee - of the City of Okeechobee; seconded by Council Member Markham. City Attorney (Exhibit 2). KIRK - YES b) Vote on motion. CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 718 by title only. Attorney Cook advised he would be adding a sentence to the end of the title, he then read proposed Ordinance No. 716 as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ESTABLISHING LAND DEVELOPMENT REGULATIONS (LDR's) PURSUANT TO THE PROVISIONS OF FLORIDA STATUTES CHAPTER 163.3202, WHICH ORDINANCE PROVIDES FOR: GENERAL PROVISIONS; CONSTRUCTION DESIGN AND IMPROVEMENT - REGULATIONS; ADMINISTRATIVE BOARDS AND AGENCIES, WITH THE ESTABLISHMENT AND DESIGNATION OF AUTHORITY FOR ADMINISTRATIVE RESPONSIBILITY FOR THE LDR'S, ESTABLISHES A TECHNICAL REVIEW COMMITTEE, CITIZEN BOARDS, PLANNING BOARD, BOARD OF ADJUSTMENT AND CODE ENFORCEMENT BOARD; ADMINISTRATIVE PROCEDURES AND REQUIREMENTS WHICH ESTABLISHES PROCEDURES AND CONDITIONS FOR PERMIT APPLICATION AND ISSUANCE, TOGETHER WITH FEES AND COSTS, LANDOWNER REMEDIES, AND PUBLIC HEARING PROCESS; APPEAL, SPECIAL EXCEPTION USE, VARIANCE, WHICH ESTABLISHES PROCEDURES FOR THE APPLICATION FOR, AND GRANTING OF, SPECIAL EXCEPTIONS AND VARIANCES, WITH AN APPEAL PROCESS; CONCURRENCY REGULATIONS, WHICH SETS FORTH AND ESTABLISHES A CONCURRENCY MANAGEMENT SYSTEM, WHICH INCLUDES DETERMINATION OF LEVELS OF SERVICE AND PUBLIC FACILITY ANALYSIS AND MONITORING; ZONING DISTRICT REGULATIONS AND ZONING MAP, WHICH ESTABLISHES ZONING DISTRICTS AND MAPS, WITH DESIGNATION OF DENSITIES, AND CREATES ZONING DISTRICTS OF RESIDENTIAL SINGLE FAMILY ONE DISTRICT (RSF 1); RESIDENTIAL SINGLE FAMILY TWO DISTRICT (RSF 2); RESIDENTIAL MOBILE HOME DISTRICT (RMH RESIDENTIAL MULTIPLE FAMILY DISTRICT (RMF); COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT (CPO); LIGHT COMMERCIAL DISTRICT (CLT); HEAVY COMMERCIAL DISTRICT (CHV); CENTRAL BUSINESS DISTRICT (CBD); INDUSTRIAL DISTRICT (IND); PUBLIC USE DISTRICT (PUB); AND PLANNED UNIT DEVELOPMENT DISTRICT (PUD); WHICH FURTHER SETS FORTH PARKING AND LOADING REGULATIONS WITH DESIGN REGULATIONS; LANDSCAPE REGULATIONS, WHICH CREATES LANDSCAPE DESIGN AND PLANS, WITH REQUIRED AND PROHIBITED PLANTS OR SHRUBBERY; SIGN REGULATIONS WHICH ESTABLISHES SIGN PERMIT PROCESS, MAINTENANCE, REMOVAL AND SIZE RESTRICTIONS IN EACH DISTRICT; SUPPLEMENTARY REGULATIONS, TO ESTABLISH MEASUREMENT CRITERIA FOR USES, SETBACKS, YARDS, SEPTEMBER 1,1998 - REGULAR MEETING - PAGE 4 OF 8 MI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.1. c) City Attorney to read proposed Ordinance No. 718 by title only HEIGHTS, AS WELL AS RESTRICTIONS ON POOLS, OUTDOOR STORAGE AND HURRICANE SHELTERS; continued. ACCESSORY USE REGULATIONS FOR MISCELLANEOUS ACCESSORY USES SUCH AS HOME OCCUPATIONS, ANTENNAS, UTILITY STRUCTURES, FENCES, DOCKS, SEAWALL, FLAGPOLE AND RECREATIONAL COURTS; TEMPORARY STRUCTURE REGULATIONS; WITH TEMPORARY USE PERMITS; SPECIAL EXCEPTION USE REGULATIONS, WHICH ESTABLISHES PROCEDURES FOR APPLICATION AND GRANTING THEREOF, WITH DESIGNATION OF TYPES OF SPECIAL EXCEPTION USES PERMITTED; NONCONFORMING USE REGULATIONS, WHICH DEFINES NONCONFORMING USES, THEIR CONTINUATION, DISCONTINUANCE, EXPANSION AND REPAIR; CLUSTER DEVELOPMENT REGULATIONS, NATURAL RESOURCE PROTECTION REGULATIONS, WHICH DEFINES ENVIRONMENTALLY SENSITIVE LANDS AND GROUNDWATER AND WELLHEAD PROTECTION, WITH RESTRICTIONS THEREON; FLOOD HAZARD ZONE REGULATIONS, WHICH DEFINES AND REGULATES FLOOD ZONE PROPERTIES, STRUCTURES, SUBDIVISIONS AND CONSTRUCTION METHODS; DEVELOPMENT REGULATIONS STANDARDS, WHICH SETS MINIMUM DEVELOPMENT STANDARDS AND STANDARDS FOR INFILL DEVELOPMENT; STREET SYSTEM REGULATIONS, WHICH DEFINES SUCH REGULATIONS AND SETS FORTH DESIGN STANDARDS FOR STREETS, RIGHTS OF WAY, VEHICULAR ACCESS AND SIDEWALKS; UTILITY REGULATIONS, WHICH REQUIRES UTILITY SERVICES IN ALL DEVELOPMENT WITH DESIGN STANDARDS THEREFORE; STORMWATER MANAGEMENT REGULATIONS, WITH MINIMUM MANAGEMENT REQUIREMENTS AND EXEMPTIONS THERETO; DEFINITIONS, WHICH SETS FORTH AND DEFINES CERTAIN TERMS AND PHRASES CONTAINED IN THE ORDINANCE; PROVIDES FOR THE ADOPTION OF APPENDICES AND FORMS AND SCHEDULES AS NECESSARY FOR IMPLEMENTATION OF THE ORDINANCE TO BE ADOPTED BY RESOLUTION FROM TIME TO TIME BY THE CITY; PROVIDING FOR REPEAL OF PROVISION AND CONFLICTS HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 2. a) Motion to approve the first reading and set September 22,1998 as Council Member Watford moved to amend the title adding "Providing for the Repeal of Provisions and Conflicts Herewith a final public hearing for proposed Ordinance No. 716. and Providing for Severability", approve the first reading and set September 22, 1998 as a final public hearing for proposed Ordinance No. 716; seconded by Council Member Markham. b) Public Comments. Mayor Kirk asked whether there were any public comments or questions. Rachel Scott of Florida Power and Light addressed the Council regarding the proposed landscape section of the land development regulations. FPL is working with governments to strengthen landscape regulations and they felt the City's landscape section could be more comprehensive. Attorney Cook stated a letter from FPL was distributed at the workshop, the discussion then was that Section 510 covered it Ms. Scott commented that she appreciated that section but still felt specific information should be included especially regarding the types of trees to plant and where to plant them and expounded further on a suggested vegetation list. Other Cities and Counties have adopted the FPL landscape regulations. Mayor Kirk asked Ms. Scott to mail copies of other cities ordinances showing how they adopted these regulations that she is proposing. SEPTEMBER 1,1998 - REGULAR MEETING - PAGE 5 OF 8581 4 Mi. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. 2. c) Vote on motion to approve first reading and set public hearing date. CLOSE PUBLIC HEARING - Mayor. VIII. UNFINISHED BUSINESS. A. Hear from City Attorney regarding the status of contacting the property owner(s) of 301 West South Park Street, and approve the Sign age Agreement between the City and Village Square Restaurant, Inc. proprietors - Attorney Cook (Exhibit 3). IX. NEW BUSINESS A.1. a) Motion to read by titre only, proposed Ordinance No. 717 regarding an amendment to the 1997/98 fiscal year Budget - City Attorney (Exhibit 4). b) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Mayor Kirk closed the public hearing at 6:47 p.m. Attorney Cook advised that he had received a letter from Mrs. Brown's attorney which advised he was forwarding the agreement to her for signatures and it would be returned to him as soon as that was completed. He recently got the address of the property owner but he has not sent a letter as of this date. Council suggested Attorney Cook call the property owner and see if she knows what is going on and how does she feel about the sign being left on her building. Mayor Kirk requested this be accomplished as soon as possible and this matter be brought to a close. Also, that at some point in time the building that the Village Square Restaurant is located in needs to conform to the rest of the downtown program. Council Member Oliver moved to read by title only, proposed Ordinance No. 717 regarding an amendment to the 1997/98 fiscal year Budget; seconded by Council Member Markham. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 582 SEPTEMBER 1,1998 - REGULAR MEETING - PAGE 6 OF 8 IX. NEW BUSINESS CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 717 by title only. Attorney Cook read proposed Ordinance No. 717 by title only: "AN ORDINANCE ADOPTING AN AMENDMENT TO ORDINANCE NO.705 GENERAL FUND ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,1997 AND ENDING SEPTEMBER 30,1998; WHICH AMENDED BUDGET SETS FORTH GENERAL FUND REVENUES OF $5,750,998. AND EXPENDITURES OF $3,034,234. LEAVING A FUND BALANCE OF $2,716,764.; PUBLIC FACILITIES IMPROVEMENT FUND REVENUES OF $1,508,755. AND EXPENDITURES OF $872,500. LEAVING A FUND BALANCE OF $636,255.; PROVIDING AN EFFECTIVE DATE." 2. a) Motion to approve the first reading and set September 22,1998 as III Council Member Oliver moved to approve the first reading and set September 22,1998 as a public hearing date for a public hearing date for proposed Ordinance No. 717. proposed Ordinance No. 717; seconded by Council Member Markham. b) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B. Discuss options regarding the fuel storage tank issue for the Public Following a lengthy discussion between Council and Staff regarding whether to proceed with installing a new bulk Works Department - City Administrator/Public Works Director. storage area for fuel at the City Barn or use a card system at a private bulk storage company, Council Member Oliver moved to proceed with the Tanktec quote, issue a purchase order in the amount not to exceed $63,000.00; seconded by Council Member Watford. KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. C. Discuss a request from Florida Department of -Transportation to Administrator Bradshaw advised the Council that this is the same request that was sent before. The Florida Department acquire half of the East/West Alley in Block 3, City of Okeechobee - of Transportation is requesting the City deed half of the alley running East to West in Block 3, City of Okeechobee City Administrator (Exhibit 5). Subdivision. Staff sent them an alley closing application with instructions. Mayor Kirk instructed the Administrator to send another alley closing application. SEPTEMBER 1,1998 - REGULAR MEETING - PAGE 7 OF 8 583 IX. NEW BUSINESS CONTINUED. D. Discuss options regarding the Solid Waste Collection Contract with City Staff reported that based on negotiations with Waste Management, the solid waste collection service that was bid USA/Waste Management - City Administrator (Exhibit 6). on, is basically the same except for bulk item collection. Bulk item collection is limited to three cubic yards per week. Bulk items are defined as `white goods, any materials resulting from home improvement, any and all household goods and furniture, and horticultural material which is greater than four feet in length and five inches in diameter or weighs more than forty pounds. The three cubic yard per week limitation would be an issue if a resident moved out or did extensive trimming on their property. The City has four options: (1) leave the service the way it was bid with bid price of $7.75 (excluding franchise fee) per home. (2) Increase the services by adding residential carts and unlimited bulk pick-up per week and leaving the existing rate of $10.11 (excluding franchise fee) per home. (3) Unlimited bulk pick-up and lower the existing commercial rates' by $1.00 per cubic yard. (4) Unlimited bulk pick up and raising the residential bid rate by $1.00. Mr. Craig Ahall of Waste Management addressed the Council and showed them the residential containers that are proposed in option two. He demonstrated that they are user friendly and more attractive for the community. The City may also choose from a wide variety of colors. Council also discussed commercial containers for restaurants. The new .� system has a deodorizing additive they will implement when washing them out. Following a lengthy discussion, Council Members Oliver, Kirk and Markham stated they liked the idea of option two. Council instructed Mr. Ahall and the Administrator to draw up a contract for Council consideration at the next meeting with option two and also look are combining options two and three. E. Motion to adopt proposed Resolution No. 98-07 supporting Florida Council Member Watford moved to adopt proposed Resolution No. 98-07 supporting Florida Heartland Rural Economic Heartland Rural Economic Development Initiative (FHREDI) Development Initiative (FHREDI) Application for Historic Preservation Grant -In -Aid Funds; seconded by Council Member Application for Historic Preservation Grant -In -Aid Funds - Council Oliver. Member Markham (Exhibit 7). Attorney Cook read the title of proposed Resolution NO. 98-07 as follows: "RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA SUPPORTING FLORIDA HEARTLAND RURAL ECONOMIC DEVELOPMENT INITIATIVE (FHREDI) APPLICATION FOR HISTORIC PRESERVATION GRANT-IN-AID FUNDS." KIRK - YES CHANDLER -YES MARKHAM-YES OLIVER - YES WATFORD - YES MOTION CARRIED. SEPTEMBER 1,1998 - REGULAR MEETING - PAGE 8 OF 8 IX. NEW BUSINESS CONTINUED. F. Motion to adopt proposed Resolution No. 98-08 supporting Florida Heartland Rural Economic Development Initiative (FHREDI) Application for Funding Under the sustainable Lake Okeechobee Initiative - Council Member Markham (Exhibit 7). G. Hear from Fire Chief Tomey regarding painting Engine 5 X. ADJOURN REGULAR MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made J f ,by the, City Council with respect to any matter considered at this meeting, he/she may need to fir' that a verbatim record of the proceeding is made, which r ord i cludes the testimony and eviddnce upon which the appeal is to be based. --ATTEST: .LAMES E. KIRK, MAYOR $ONm11E S. THOMAS, CMC, CITY CLERK Council Member Watford moved to adopt proposed Resolution No. 98-08 supporting Florida Heartland Rural Economic Development Initiative (FHREDI) Application for Funding Under the sustainable Lake Okeechobee Initiative; seconded by Council Member Oliver. Attorney Cook read Resolution 98-8 by title only as follows: "RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA SUPPORTING FLORIDA HEARTLAND RURAL ECONOMIC DEVELOPMENT INITIATIVE (FHREDI) APPLICATION FOR FUNDING UNDER THE SUSTAINABLE LAKE OKEECHOBEE INITIATIVE." KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Chief Tomey addressed the Council explaining that Fire Engine No. 5 was damaged while being used in the Florida Wildland Fires in North Florida. Since Governor Chiles issued the "State of Emergency" any equipment that was damaged will be repaired and the money to cover those repair cost will come from FEMA. However, he needs the Council's authorization for the City to pay for the paint job. Then the City would bill FEMA to recoup the costs. Council instructed Chief Tomey to obtain some type of documentation from Mr. Randy Shepard, the Fire Chief in charge of Region 7, that would give the City assurance that they would be reimbursed on this cost and bring it back to the Council for further discussion. There being no further items on the agenda, Mayor Kirk adjourned the September 1,1998 meeting at 8:26 p.m. _--4