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1997-08-19 Regular MeetingfCy04 _ A. 10 CITY OF OKEECHOBEE AUGUST 19, 1997 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Call Meeting to order on August 19,1997. Invocation offered by Reverend John P. Ziegler; Pledge of Allegiance led by Mayor Kirk. Mayor Kirk called the August 19,1997 Regular Meeting to order at 7:00 p.m. Reverend Ziegler offered the invocation; Mayor Kirk led the Pledge of Allegiance. PAGE 1 OF 8 C. Mayor and Council Attendance: 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 ildember Dowling R. �Varord. Jr. Present �Laffl Attendance: _ City Administrator Robert Bradshaw Present City Clerk Bonnie S. Thomas Present Deputy Clerk S. Lane Gamiotea Present D. Motion to dispense with the reading and approve the Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action Summary of Council Action for the regular meeting of August for the regular meeting of August 5, 1997 with revised page four; seconded by Council Member Oliver. 5, 1997. There being no discussion on this item, vote was as follows: KIRK CHANDLER MARKHAM OLIVER WATFORD MOTION CARRIED. X X X z AUGUST 19,1997 - REGULAR MEETING - PAGE 2 OF 8 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL III Mayor Kirk asked whether there were any requests for addition's, deferral's or withdrawal's of items on OF ITEMS ON TODAY'S AGENDA. today's agenda. New Business item number four was withdrawn by request of Mr. Cheatham. E. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION 111 Mayor Kirk opened the PUBLIC HEARING FOR ORDINANCE ADOPTION at 7:04 p.m. a. Motion to read by title only, proposed Ordinance III Council Member Watford moved to read proposed Ordinance No. 693 by title only, concerning text No. 693 - City Attorney (Exhibit 1). amendments to the City Comprehensive Plan; seconded by Council Member Markham. KIRK CHANDLER MARKHAM OLIVER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 693 by title only as follows: "An Ordi7za7zce of the Citt, of Okeechobee. Flo;-ida anze;idi7t; the Cite of Okeechobee Co71iprehensive Plan, Ordhiance No. 635 as anzended; Proridino for inchlsion of ordinance and revised a711e71dnie7lts hi the C0Myrehe7zsh e Plait: Efj`ecth-c DatC. III Mayor Kirk asked whether anyone from the public had any questions or comments concerning the b. Public Comment. proposed ordinance. There were none stated. Council Member Oliver moved to adopt proposed Ordinance No. 693; seconded by Council Member c. Motion to adopt Ordinance No. 693. Chandler. Council Member Watford questioned whether this ordinance amendment was the school boards request and whether they will receive a copy of it. Council was informed that it was their requested text amendment ordinance and they will receive a copy. d. Vote on motion. KIRK CHANDLER MARKHAM OLIVER WATFORD MOTION CARRIED. X X X X X X X X X X 410 CLOSE PUBLIC HEARING F. NEW BUSINESS 1. Present Proclamation - Mayor Kirk. 2. Motion to renew a taxi cab permit to Al Taxi - City Administrator (Exhibit 2). AUGUST 19,1997 - REGULAR MEETING - PAGE 3 0 F 8 Mayor Kirk closed the PUBLIC HEARING at 7:05 p.m. Mayor Kirk read the following proclamation aloud and presented it to Fire Chief Tomey: "Office of the Mayor. Proclamation. Whereas, the Muscular Dystrophy Association and Firefighters nationwide have been partners in the fight against neuromuscular diseases for over four decades, and Whereas, in 1996 Florida Firefighters raised over eight hundred eighty-six thousand, seven hundred eighty-eight dollars ($886, 788.00) in support of the Muscular Dystrophy Association's important cause; and Whereas, the Muscular Dystrophy Association is extremely grateful to the firefighters of Okeechobee; and Whereas, the i'duscular Dystrophy Association is sponsoring Okeechobee Firefighter Appreciation Week to be held August 25 thru September 1. 1991 in hono of the efforts of Okeechobee Firefighters: and Lti iereas, it is ztting and appropriate that the City Council join the .Auscular Dystrophy Association in support of our Firefighters; Now, Therefore, I James E. Kirk, Mayor of the City of Okeechobee, proclaim August 25 thru September 1, 1997 as OI<EECHOBEE FIREFIGHTER APPRECIATION WEED for their efforts on behalf of the Muscular Dystrophy Association. " Administrator Bradshaw advised item number two is an application by A-1 Taxi to renew their permit to operate their business within the City. This is the standard application which has been reviewed by City Staff who recommends approval. Council Member Oliver moved to renew a taxi cab permit to A-1 Taxi; seconded by Council Member Markham. 411 AUGUST 19,1997 • REGULAR MEETING - PAGE 4 OF $ > <>(> >€><>< ::..::;;;;::.:; ..:: ......:.... :.....:....... ,::::::.>...>........:..>:....:.::.;:.:,::....:.:.:.:..:: 1ENA ..... ....... ..... , :........ :<:;:;::;.::... ILA'3 nti�tc::DtSSSIi:>:::> I .::.... ...........:. ,... C1iJ _ .. s etasr�ax :: fir: F. NEW BUSINESS CONTINUED 2. Motion to renew a taxi cab permit to A-1 Taxi Following a brief discussion, vote on motion was as follows: continued. KIRK X CHANDLER X MARKHAM X OLIVER X WATFORD X MOTION CARRIED. 3. Hear from Mr. Pastewka regarding talks with Mr. Carl Pastewka appeared before the Council thanking them in advance for their time and attention to DOT - Carl Pastewka (Exhibit 3). discuss the traffic situation into River Run Subdivision. Currently at the State Road 70 East (a/k/a North Park Street) and 8th Avenue traffic light there are turn lanes for vehicles on State Road 70, facing West, to turn South onto S.E. 8th Avenue and for vehicles on S.E. 8th Avenue. facing North, to turn West onto State Road{, 70. The only access Into River Run Subdivision Is oil of State Road 70 onto Northeast 8th Avenue at the intersection. 1 his is a very dangerous situation. sine it is a State Highway he I las contacted Florida Department of Transportation (DOT) and requested additionai turn lanes and signals for the earess i I �.,,,,.�, tjiatth the year 2000. The only situation thatwould expedite the schedule is if a fatality should happen. The other option given to him by DOT was to obtain authorization from the City Council to provide funding for labor on the proposed project and DOT would provide all the material required. Mr. Pastewka (with fifteen additional River Run residents in attendance) presented a petition attached with DOT preliminary plans to expand turning lanes and signals for the intersection. The petition has thirty-three signatures listed on it and states, "we, the under signed residents of River Run Resort Community, the entrance at N.E. 8th Avenue at State Road 70 East, Okeechobee, Florida, do hereby request the City Council of Okeechobee to authorize and approve for construction at N.E. 8th Avenue a turn lane on the East bound lane of State Road 70 according to the plan as set forth in the DOT proposal and permit project #91070-9.994 and provide funding for same in the Okeechobe City Budget for calender year 1997/98, with Okeechobee providing labor only for this project and the State DOT providing all materials involved. 412 AUGUST 19,1997 - REGULAR MEETING - PAGE 5 OF 8 ... ......:........... .. ..`[': i:ii^;'<::;,:>:' ::::::::1::::...: :.,;;: i:::::.:: ...: .. .::.::,.:. ... ..;.. .:.: .. ................ .....::..::.::::.:::.:::::..:..:..:.. ..: .:.:.: .::..: ..:..: :.; ;':'i i::::i::::'".::r;;i:iii:i:>:i.`;:':?:'i ii:i i':: :::.:'^': ;:; -'. :.-::...:. ..... ` ::oll'sc.�fc?f7i#i7:::`;i;.':.`:iii;%asi`:.<.,'::::>i:i:ii'`�'C;i.';:'"dzr;; ;:<>: E:j#;'Y;•;;?: IF ::i:i i':>:;: C%'::::: .. >:; :.: F. NEW BUSINESS CONTINUED 3. Hear from Mr. Pastewka regarding talks with DOT There was a lengthy discussion between the Council, Staff and Mr. Pastewka concerning if DOT listed continued. exactly and how much material is needed, the estimated quote for labor obtained by Mr. Pastewka of twenty thousand dollars ($20,000.00) and whether the timing on the lights cold be changed to help elevate the situation. Council instructed Administrator Bradshaw to send a letter to DOT stating the City feels this is a worth while project and should it be possible to move the schedule up on the time table, please do so; and whether the timing on the rights could be modified. Administrator Bradshaw also invited Mr. Pastewka to attend the meeting he is scheduled to have next week with DOT representatives. Council Member Watford also pointed out one solution for this situation, which was a typical developer's problem is to impose a special taxing district to fund the project since the majority of the citizens who would benefit are the River Run residents. Mr. Pastewka thanked the Council for any assistance they could give and for the invitation from Administrator Bradshaw and indicatina he would want to attend the meeting with DOT. sc4ss s=curing an aser ent across i�lorth South This item was �,vithdra�,vm from the aaenda. 5. Discuss above ground storage tanks at City barn - Engineer Libbey Webb of Lawson, Noble and Webb, City civil engineering firm addressed the Council Libbey Webb/Chris Kafer (Exhibit 5). concerning the above ground storage tanks and recent bid process. On June 3, 1997 the Council approved a bid award and expenditure not to exceed sixty-three thousand, eighty dollars ($63.080.00) to Tanktek for removal of the existing below ground gas tanks and install new above ground gas tanks at the City Public Works Barn. Before Tanktek ordered the new tank they contacted Fire Chief Tomey, since he will be the fire inspector to verify whether the tank ordered should be fire rated. Chief Tomey concluded that yes, the tank would need to be fire rated since the information that was related to him over the phone for the installation plans of the tank did not meet requirements as set out in National Fire Protection Association Manuals 30 and 30A. This Manuel is his guideline for conducting inspections. -4 413 AUGUST 19,1997 - REGULAR MEETING - PAGE 6 OF 8 F. NEW BUSINESS CONTINUED 5. Discuss above ground storage tanks at City barn Tanktek representatives then contacted Lawson, Noble and Associates and advised that an additional continued twenty-six thousand dollars would be needed to purchase a fire rated tank. In order to continue further research on the matter it was concluded that the Council should rescind their action from the June 3 meeting and did so at the August 5 meeting. The six other companies that submitted a bid were contacted and five responded that they did not bid a fire rated tank either. At this point Engineer Webb advised the City's options are to issue a change order for the additional money, rebid the project with revised specifications or install the tank as bid. The issue was discussed as to whether Chief Tomey based his conclusion on the fire rated tank on actual plans reviewed by him. He responded that he did not, nor could he find a set of plans anywhere at the City to review them. Following discussion, Council instructed Chief Tomey and Engineer Webb to meet, review the plans for the tank installation and see whether they could be revised to meet all the conditions so the plan would be an exception to the requirement of needing a fire rated tank; research price on installinq a below qround tank; and bring this matter back to the Council for further action. Council also discussed the feasibility of not having on -site gas tanks and purchasing gas for city vehicles through a retailer as the fire department currently does. Council Member Markham advised vvouiw beinterested in seeing tiffs informaiior. Council tdember Watford moved to read by title only, and set September 2. 1997 as a Public Hearing date, Ordinance No. 703 amending Chapter 10 Code of Ordinances, City of Okeechobee; seconded by Council Member Markham. 6. a. Motion to read by title only, and set September 2, Cook read proposed Ordinance No. 703 by title only as follows: "An Ordinance amending Chapter 1997 as a Public Hearing date, Ordinance No. 703 10 Code of Ordinances City of Okeechobee; Adding a section 10-77; Providing for amending Chapter 10 Code of Ordinances, City of Issuance of Licenses for Temporary Structures; Tent or Off -Premises Sales; Flea Okeechobee - (Exhibit 6). Market or Individual Booth Sales; Providing a Fee Schedule; Providing Procedures; 11 Providing an Effective Date. " 414 AUGUST 19,1997 -REGULAR MEETING -PAGE 7 OF 8 ..:;;... F. NEW BUSINESS CONTINUED 6. a. Discuss proposed Ordinance No. 703 continued. Attorney Cook advised the proposed ordinance was drafted to deter peddler's from coming into and operating in the City for limited times as temporary structures. Businessmen Gil Culbreth and Paul Hoersing addressed the Council requesting the section dealing with `tent sales" for used and new cars be prohibited in the City. Attorney Cook advised that a law of that nature would subject local businesses to also not be able to have tent sales, this would also effect recreational vehicles and boat tent sales. The discussion continued concerning off -site tent sales and ordinances in effect in other cities which have banned out of town car dealerships from setting up temporary tent sales in their City. Attorney Cook commented he knew of cities who had stringent laws on the books which had been challenged and the courts ruled in favor of the cities. Council Member Chandler commented he would like to hear comments from all car business owners within the City on this proposed ordinance. 6. b. Motion to approve the first reading of Ordinance Council Member Oliver moved to approve the first reading of proposed Ordinance No. 703; seconded by No. 703. Council Member Markham. Attorney Cook will have a rate resolution prepared to accompany the ordinance for Council approval after the public hearing. i hers being no fuiher discussion, vote was as follows: KIRK X I V MARKHAM X OLIVER X WATFORD X MOTION CARRIED. 7. Motion to approve an Interlocal Agreement between Council Member Chandler moved to approve an Interlocal Agreement between the City and County the City and Council regarding Recycling - Mark regarding Recycling; seconded by Council Member Watford. Baggett (Exhibit 7). This Interlocal is a renewal to the one that is currently in effect and expires September 30,1997. Attorney Cook and County Recycling Coordinator Mark Baggott advised it is similar to the agreement in effect. The City is getting more percentage of the grant monies than the Florida Statute has set out This agreement sets out exactly what the City and County each are getting. 415 i F. NEW BUSINESS CONTINUED 7. Motion to approve an Interlocal Agreement between the City and Council regarding Recycling continued. Adjournment - Mayor Kirk. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by t:e City Council with respect to any matter considered at this ,ade w/; is __ _ _-_ 7177 _ ^^=: z ATTEST: BONNIE S. THOMAS, CMC CITY CLERK JAMES E. KIRK, MAYOR AUGUST 19,1997 • REGULAR MEETING • PAGE 8 OF 8 There being no further discussion, vote on motion was as follows: KIRK CHANDLER MARKHAM OLIVER WATFORD MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the August 19, 1997 meeting at 8:15 p.m.