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1992-04-07 Regular MeetingpKEfCyO c LOR1pP1/1 ."0 C I T Y O F 0 K E E C H 0 B E E C I T Y C 0 U N C I L M E E T I N G APRIL 7, 1992 - 7:00 P.M. SUMMARY OF COUNCIL ACTION Page 1 of 8 COUNCILMEMBERS ACTION VOTE yES NO NT' A. Call meeting to order. Mayor Kirk called the meeting to order at 7:00 P.M. B. Invocation offered by Rev. Wm. Tweedale; Invocation offered by Reverend William Tweedale; Pledge of Allegiance led by Mayor Kirk. Mayor Kirk led the Pledge of Allegiance. C. Mayor and Council attendance: Mayor James "Jim" Kirk Present X Councilmember R.R. "Nick" Collins Present X Councilmember Danny Entry Present X Councilmember Jerry E. Walker Present X r Councilman Dowling R. Watford, Jr. Present X Staff attendance: c� Attorney John R. Cook Present X Administrator John J. Drago Present X Clerk Bonnie S. Thomas Present X Deputy Clerk S. Lane Earnest Present X D. Motion to dispense with reading and Councilmember Entry made a motion to dispense with reading and approve the Summary of Council approve the Summary of Council Action for the regular meeting of Action for the regular meeting of March 17, 1992; seconded by Councilmember Walker. March 17, 1992. KIRK X COLLINS X ENTRY X WALKER X ATFORD X MOTION CARRIED. nnril 7 lgg9 _ Ranular Meetina - Paae 2 of 8 COUNCILMEMBERS ACTION VOTE YES NO kW Councilmember Watford made a motion to approve the Warrant E. Motion to approve warrant registers for March, '1992: Registers for the month of March, '1992, General Fund $353,726.31 and Public Utilities $296,277.87; seconded by General Fund ....... $353,726.31 Councilmember Collins. Public Utilities...$296,277.87 X KIRK X COLLINS X ENTRY X WALKER X WATFORD MOTION CARRIED. REQUEST FOR THE ADDITION, DEFERRAL OR Administrator Drago announced that "OLD BUSINESS" item number two WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. was withdrawn from the agenda, "NEW BUSINESS" item number two was withdrawn from the agenda, and "NEW BUSINESS" item number seven, exhibit eight was added to the agenda. Councilmember Collins also requested that "NEW BUSINESS" item number eight be added so that he may bring up a subject to discuss with the Council. F. OLD BUSINESS 1 a. Motion to read by title only, Councilmember Watford made a motion to read by title only, and and set May 5, 1992 as the Public set May 5, 1992 as the Public Hearing date, Ordinance No. 643, Hearing date, Ordinance 643, closing and vacating alleys; seconded by Councilmember Walker. closing and vacating alleys - (Application No. 36). City Attorney (Exhibit 1). KIRK X COLLINS X __ ENTRY X WALKER X WATFORD X MOTION CARRIED. Attorney Cook read Ordinance No. 643 by title only as follows: "AN ORDINANCE CLOSING AND VACATING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 214 OF THE FIRST ADDITION TO OKEECHOBEE AND BLOCK "C" OF CENTRAL PARK; RESERVING UNTO THE CITY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; PROVIDING AN EFFECTIVE DATE" Anril 7 1449 _ PPmj1;;r Maatinn _ PAnP - of R COUNCILMEMBERS ACTION VOTE YES NO I&W F. OLD BUSINESS 1 b. Motion to approve the first Councilmember Collins made a motion to approve the first reading reading of Ordinance 643. of Ordinance No. 643; seconded by Councilmember Entry. KIRK X X COLLINS X ENTRY X WALKER X WATFORD MOTION CARRIED. 2 a. Motion to remove from table an ITEM WITHDRAWN FROM AGENDA. alley closing application for the Okeechobee Community Church. j C= b. Consider an alley closing ITEM WITHDRAWN FROM AGENDA. behind the Okeechobee Community Church - City Clerk (Exhibit 2). 3. Hear about the L.P. Sanitation Attorney Cook opened discussion explaining to the Council that Franchise Agreement - City Attorney he researched the Florida Statutes concerning Declaratory Judgements as requested by the Council at the last regular meeting. His findings were that Courts hear cases when contracts are not clear. In his opinion, the L.P. Sanitation Franchise Agreement is not clear, however, when the contract was written (July '1987) attached was a Summary of the Agreement that states it is an automatic extension and the Courts would review that document, therefore it is in his opinion that the City do as before when the renewal was not taken action against and accepted. A.. 41 7 1007 Dn-i.lmr Mcctinn _ PAMP 4 of R G. VOTE COUNCILMEMBERS ACTION yES NO JEW NEW BUSINESS 1. Motion to appoint Rebel Manson Councilmember Entry made a motion to appoint Rebel Manson as a as a new dispatcher - Police Chief new dispatcher; seconded by Councilmember Walker. X KIRK X COLLINS X ENTRY X WALKER X WATFORD MOTION CARRIED. 2. Motion to approve a Utility Agree- ITEM WITHDRAWN FROM AGENDA. ment between the City and Mr. Edward Rockey - Director of Public Utilities (Exhibit 3). 3. Appoint two Councilmembers to serve Administrator Drago explained to the Council that he was asked on the Tourism Board - City by the Chamber of Commerce to get from the City Council two Administrator (Exhibit 4). Councilmembers to sit on the Tourism Board. They are trying to develop this Board and go back to the County Commissioners to have the Commissioners support a bed tax referendum. This Board is part of the State Statute that requires that the Board make recommendations to the Board of County Commissioners on how tourism dollars are to be spent. Mayor Kirk asked for volunteers. Councilmembers Dowling Watford and Danny Entry volunteered to serve on the Tourism Board. 4. Consider an alley closing behind Councilmember Walker made a motion to direct Attorney Cook to draw up an Ordinance closing the alley in Block 187, City of Okeechobee the First Baptist Church of as requested by the First Baptist Church of Okeechobee Okeechobee - City Clerk (Exhibit 5). (Application No. and place on the April 21, 1992 agenda for Counci s consideration; seconded by Councilmember Collins. KIRK X X COLLINS X ENTRY X WALKER X WATFORD MOTION CARRIED. April 7. 1992 - RPaular McPtina - Panp 5 of R COUNCILMEMBERS ACTION VOTE YES NO G. NEW BUSINESS 5. Discuss Water Treatment business - Administrator Drago explained that a business wants to open in City administrator (Exhibit 6). the City that would treat City water and resell it. The current City Ordinance (No. 615) prohibits this, however, there are businesses that have vending machines that treat water and sell it. If the Council should choose to allow the business to open then the ordinance would have to be amended. Following brief discussion among Council and staff, Council instructed Attorney Cook to draw up an ordinance amending the current Ordinance No. 615 to allow businesses wanting to treat City water and resell it, to open in the City and allow the business to "go ahead" with paper work to obtain an occupational license. 6. Hear from Mr. Marvin Wheeler - Mr. Mr. Marvin Wheeler appeared before the Council discussing the Marvin Wheeler (Exhibit 7). following items: 1) Tree on S.W. 6th Street beside 5th and 6th Grade Center. Mr. Wheeler asked if the property owner, who requested the tree that is 2/3 on their property and 1/3 on City property remain, had come in to sign an agreement holding the City harmless if someone is hurt due to the tree remaining? Administrator Drago announced that the bill for replacing the sidewalk was sent to the property owner as they had stated they would pay, but that they had not signed an agreement. Mr. Wheeler brought to the Council's attention that Public Works Director Elders had stated that the owner said they would sign a hold harmless agreement. Director Elders did, not recall stating that to the Council. Mayor Kirk requested that it be researched if it was said. 2) Building Department. Mr. Wheeler once again urged the City Council to have and run their own Building and Zoning Department. Attorney Cook announced that he had been contacted by County Attorney Cassels requesting a meeting to discuss the City/County Building & Zoning Department. April 7. 1992 - Regular Meeting - Paae 6 of 8 G. ITEM VOTE COUNC UMEMBERS ACTION YES NO kW NEW BUSINESS 6. Continued 3) City Council's salaries that were posted in the Okeechobee News and compared to surrounding Cities of like size. Mr. Wheeler stated that in his opinion, it was unfair to only print the Mayor and Council's salaries and benefits, that all the City employees should have been printed. ADDED TO AGENDA: Mr. Matt Seder appeared before the Council requesting that a 7. Opening of Southwest 18th Street portion of Southwest 18th Street from Lot 16, Block 20 to Lots to Southwest 4th Avenue - Mr. 1, 2, 3, and 4, Block 25, Woodland Park be opened to make a driveway Matt Seder (Exhibit 8). to his property without opening the entire street. Mr. Seder also presented the Council with a petition signed by the four residents in his neighborhood stating: "The undersigned, neighbors of Matthew and Linda Seder, 1801 S.W. 18th St., Woodland Park, Block 25, Lots 1,2,3, and 4, make formal request that the trees at the intersection of S.W. 18th St.. and S.W. 4th Ave remain. We don't foresee either of the above City Streets being put in, and can find no reason why these healthy trees should be removed from the entrance of the Seder's property. We are in further agreement that if and when these streets are put in, the expense of the grading and tree removal will be accrued by the Seder's and paid at that time." Following discussion, Councilmember Collins made a motion to give the Attorney the authority to draw -up the necessary papers to give Mr. Seder the right to put his driveway in agreeing that he will pay for it, that if the City requires him to remove that driveway that he will also pay for that, if the City needs for it to be moved and sign a hold harmless agreement with the City; secondedAby-Counci member Entry. Attorney Cook clarified the motion stating, I will draw up an agreement between the City and Matt Seder that will address: 1) The areas of the future road construction of Southwest 18th Street to his property line in Lots 3 and 4 of Block 25; 2) The City's right or demand at any time necessary that Mr. Seder extend 18th up to his property in Block 25; 3) The agreement would also address any drainage requirements of the City; April 7. 1992 - Reaular Meeting - Paae 7 of 8 COUNCILMEMBERS ACTION VOTE G. NEW BUSINESS YES 7. Continued 4) Maintenance of the extension, moving it if necessary, for instance if we ever had to do any utility work there at the property owners expense; 5) Hold the City harmless from any accident or injury made out of his use of the street; and 6) Tie the agreement into the lot ownership that would pass from owner to owner. Councilmember Watford added that this is an extremely, unique circumstance and everyone needs to understand that. This is very, very unique in the way the streets run and the property ownership and probably could not find this particular instance anywhere else in the City. And I think that it needs to be understood that at anytime the City deems it necessary to open that street the applicant has agreed he will do as the agreement states. .� There being no further discussion, vote on motion is as follows: KIRK X COLLINS X ENTRY X WALKER X WATFORD X MOTION CARRIED. ITEM ADDED TO THE AGENDA: 8. Discuss two avenues in the City - a) Councilmember Collins asked the status of paving on Southwest Councilmember Collins. 5th Avenue so the general public can know what is going on. Administrator Drago answered the last time Engineer Dan Willard was here he go the rest of the survey information from Robbie Hoover and he is taking the survey information to prepare plans and specifications. Following discussion among Council and staff concerning if the survey information was or was not actually completed, Councilmember Collins stated he would call to find out because Citizens were getting impatient. Anril 7. 199? - RPniilar MPPtinn - Pana R of R CUUNCILMEMBERS ACTION VOTE YES NOG. kW NEW BUSINESS 8. Continued b) The second avenue Councilmember Collins wanted to discuss is the bumps on Southwest 7th Avenue. Public Works Director Elders answered that the speed bumps had already been taken down. ADJOURNMENT Mayor Kirk: Mayor Kirk adjourned the meeting at 8:30 P.M. NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH IN- CLUDES THE TESTIMONY AND EVIDENCE UPON WAPPEAL IS BASED. H7. J90i . Kirk, Mayor Attest: Bonnie S. auras, CMC, City Clerk