CITY OF OKEECHOBEE OCTOBER 4, 2016, REGULAR CITY COUNCIL MEETING 55 SE 3 RD AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL SUMMARY OF COUNCIL ACTION

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1 CITY OF OKEECHOBEE OCTOBER 4, 2016, REGULAR CITY COUNCIL MEETING 55 SE 3 RD AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL SUMMARY OF COUNCIL ACTION PAGE 1 OF 7 I. CALL TO ORDER - Mayor October 4, 2016, City Council Regular Meeting, 6:00 P.M. Mayor Kirk called the October 4, 2016, Regular City Council Meeting to order at 6:00 P.M. II. III. IV. OPENING CEREMONIES Invocation to be given by Nancy Vaughan, First United Methodist Church; Pledge of Allegiance led by Mayor Kirk. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel A. Chandler Council Member Mike O=Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Interim Police Chief Bob Peterson Public Works Director David Allen AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today=s agenda. In the absence of Ms. Vaughan, the invocation was offered by Council Member Dowling Watford; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Absent Absent (attending Farm Bureau presentation out of town) Absent (Lieutenant Conroy in attendance) Mayor Kirk asked whether there were any additions, deferrals, or withdrawals on today s agenda. There were none. V. PROCLAMATIONS AND PRESENTATIONS - Mayor A. Proclaim the week of October 16 through 22, 2016 as Florida City Government Week. Mayor Kirk read the following proclamation into the record: Whereas, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and Whereas, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and Whereas, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and Whereas, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and Whereas, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest (continued)

2 V. PROCLAMATIONS AND PRESENTATIONS CONTINUED A. Proclaim the week of October 16 through 22, 2016 as Florida City Government Week continued. OCTOBER 4, REGULAR MEETING - PAGE 2 OF 7 to the people; and Whereas, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and Whereas, our city wants to also use this week to emphasize the importance of volunteering and giving back because volunteering strengthens communities, solves problems and improves lives; and Whereas, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement and positively impact lives by volunteering. Now, Therefore, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the week of October 16 through 22, 2016, as FLORIDA CITY GOVERNMENT WEEK and encourage our officials and employees to actively promote civic education throughout the community. VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the September 20, 2016, Regular Meeting and Final Budget Hearing. The proclamation was forwarded to Clerk Gamiotea to share within press releases and forward a copy to the Florida League of Cities. The City has made contact with the American Government History classes of the local middle schools to arrange a field trip to City Hall or make presentations at the school. Council Member O Connor moved to dispense with the reading and approve the Summary of Council Action for the September 20, 2016, Regular Meeting and Final Budget Hearing; second by Council Member Watford. There was no discussion on this item. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No by title only regarding Comprehensive Plan Small Scale Future Land Use Map Amendment Application No SSA, submitted by Mr. Carrol Word for 441 Palms, LLC, 3.3 acres, Single Family Residential to Commercial - City Planning Consultant (Exhibit 1). Planning Board recommends approval. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:07 P.M. Council Member Watford moved to read proposed Ordinance No by title only regarding Comprehensive Plan Small Scale Future Land Use Map Amendment Application No SSA, submitted by Mr. Carrol Word for 441 Palms, LLC, re-designating Lots 1 through 8 of Block 1, Lots 1 through 5 and 21 through 26 of Block 2, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County Public Records, from Single Family Residential (SF) to Commercial (C), comprising of approximately 3.3 acres, located at Northeast 13 th Street (and 3 rd Avenue); seconded by Council Member O Connor. b) Vote on motion to read by title only.

3 VII. AGENDA PUBLIC HEARING CONTINUED A.1.c) City Attorney to read proposed Ordinance No by title only. 2.a) Motion to adopt Ordinance No b) Public comments and discussion. OCTOBER 4, REGULAR MEETING - PAGE 3 OF 7 Attorney Cook read proposed Ordinance No 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 ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL (APPLICATION NO SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion and second by Council Members O Connor and Watford to adopt proposed Ordinance No Mayor Kirk yielded the floor to Mr. Bill Brisson, Senior Planner for LaRue Planning and Management Services, Inc. Mr. Brisson explained the Planning Board, acting as the Local Planning Agency, reviewed Application No SSA on September 15, 2016, and is offering a unanimous recommendation for approval based on the findings within the Planning Staff Report. The application was found to be consistent with the City s Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the Future Land Use Element. This parcel is adjacent to a nursing home. The requested commercial designation for this property would be an appropriate use. There is adequate capacity to address the potable water and wastewater needs. The applicant provided the required letter from the Okeechobee Utility Authority today confirming their ability to provide these services. The County recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other major developments in the City. The proposed development will be required to meet all drainage standards required by the City and South Florida Water Management District. The site appears to have no unique characteristics with regard to environmental sensitivity, wildlife habitat, soil conditions, or susceptibility to flooding. As illustrated in the Traffic Impact Analysis (TIA), the proposed Future Land Use change will result in an increase in more than 100 peak hour vehicle trips over that associated with development under the current SF Future Land Use designation. The roadway segment addressed was North Parrott Avenue (US Highway 441) including the intersection of North Park Street (State Road 70) to Northwest 16 th Street. The estimated traffic increase in AM peak hour is from 25 to 247 trips. The PM peak hour is from 25 to 304 trips. The greatest increase in traffic is during the PM peak when 177 vehicles will exit the property northbound onto North Parrott Avenue (US Highway 441) with 137 vehicles making U-turns at Northwest 16 th Street to head southbound toward the intersection. This roadway is already operating below the Florida Department of Transportation Level of Service. Additionally this would increase the wait time at the main intersection from 80 seconds to approximately 120 seconds. The proposed access to the site was also reviewed as part of the TIA study to identify any potential issues that might degrade operations along Parrott Avenue (US Highway 441). None were identified and no improvements were recommended as part of the report.

4 VII. AGENDA PUBLIC HEARING CONTINUED A.2.b) Public comments and discussion continued. c) Vote on motion. OCTOBER 4, REGULAR MEETING - PAGE 4 OF 7 Mr. Brisson continued that there is a southbound bike lane along Parrott Avenue (US Highway 441). More information is needed to determine the extent of use in the vicinity of Northwest 16 th Street. The increased volume of U-turns during the PM peak hours, added to the left-hand turns from the main Raulerson Hospital entrance (across from 16 th Street), could increase the likelihood of potential conflicts between bike riders and larger sized vehicles encroaching into to the bike lane. This information was used to notify the applicant that the development is subject to participating in the City s Proportionate Fair Share Transportation Impact Fee for roadway improvements. The application is found to be compatible with adjacent and nearby land uses which are: to the North is the Okeechobee Health Care Facility with a C Future Land Use and Heavy Commercial (CHV) Zoning; to the East is a acre unplatted parcel with a residence, SF Future Land Use and Residential Single Family-One (RSF-1) Zoning; to the South are some vacant lots and a professional office with a SF Future Land Use, Holding and CHV Zoning; to the West are vacant lots with a SF and C Future Land Use, and CHV Zoning. This Application is related to Ordinance No. 1145, addressing Rezoning Petition No R. After a brief discussion, it was confirmed that the TIA was based upon full development, not phases. It was also verified that the suggested stipulations/recommendations from the Planning Board were more of a forewarning to the property owner. Mr. Steve Dobbs, 1062 Jakes Way, Okeechobee, Florida, Engineer, addressed the Council confirming that the property owner was aware of the Proportionate Fair Share Transportation Impact Fee. Mayor Kirk asked whether there were any questions or comments from the public. There were none. As noted by Council Member Watford, this is a small scale map amendment, meaning less than 10 acres and requires only one reading before the City Council. CLOSE PUBLIC HEARING - Mayor MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:33 P.M. VIII. NEW BUSINESS A.1) Motion to read proposed Ordinance No by title only and set October 18, 2016 as a final Public Hearing date for Rezoning Petition No R, submitted by Mr. Carrol Word for 441 Palms, LLC, 3.3 acres, Holding and Heavy Commercial to Light Commercial - City Planning Consultant (Exhibit 2). Council Member Watford moved to read proposed Ordinance No by title only, and set October 18, 2016, as a final Public Hearing date for Rezoning Petition No R, submitted by Mr. Carrol Word for 441 Palms, LLC, rezoning Lots 1 through 8 of Block 1, Lots 1 through 6 and 21 through 26 of Block 2 from Holding, and Lots 7 through 10 of Block 2 from CHV, all to Light Commercial (CLT), CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County Public Records, (comprising of approximately 4.17 acres located at Northeast 13 th Street and 3 rd Avenue, to develop medical and/or dentist offices); seconded by Council Member.

5 VIII. NEW BUSINESS CONTINUED A.1.b) Vote on motion to read by title only and set final Public Hearing date. c) City Attorney to read proposed Ordinance No a) Motion to approve the first reading of proposed Ordinance No b) Public comments and discussion. c) Vote on motion. B. Consider a request to add Domer Avenue to a portion of Southeast 10 th Avenue from North Park Street to Southeast 7 th Street in honor of the late Ray Domer, County Commissioner - City Administrator. OCTOBER 4, REGULAR MEETING - PAGE 5 OF 7 Attorney Cook read proposed Ordinance No by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING AND HEAVY COMMERCIAL TO LIGHT COMMERCIAL ZONING DISTRICT (PETITION NO R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Motion and second by Council Members O Connor and Watford to approve the first reading of proposed Ordinance No Planner Brisson presented the petition information, explaining that the Planning Board recently reviewed the request and found it to be consistent with the Comprehensive Plan and recommends approval. This Rezoning is related to Future Land Use Map Application No SSA approved during the Public Hearing held at this meeting. It includes the same legal description with the addition of Lots 6 through 10 of Block 2. Project Engineer Steve Dobbs was present on behalf of the applicant. There being no further discussion offered by the Council or the public, Mayor Kirk called for a vote. Council Member Watford moved to approve a request to add Domer Avenue to a portion of Southeast 10 th Avenue from East North Park Street to Southeast 7 th Street in honor of the late Ray Domer, County Commissioner; seconded by Council Member O Connor. Council Member Watford acknowledged the attendance of the Domer family (Ms. Cindy Domer and sons, Justin and Jacob). He expressed what a privilege it is for the City to participate in honoring the late Commissioner, as well as Ray s father, Russell Domer, who was on the City Council for many years. The Council instructed Administrator MontesDeOca to coordinate with the County, on the appropriate ceremony for the dedication and presentation.

6 VIII. NEW BUSINESS CONTINUED C. Consider a Temporary Street Closing Application submitted by Ride For The Fight Corporation, closing Southwest 3 rd Avenue between North and South Park Streets on October 22, 2016, starting at 7:00 A.M., for a CrossFit and Firefighter Competition to raise funds to assist those battling cancer - City Administrator (Exhibit 3). D. Consider a Temporary Street Closing Application submitted by First Baptist Church, closing Southwest 4 th Street between Southwest 5 th Avenue and Southwest 6 th Avenue on October 31, 2016, from 3:00 P.M. to 9:00 P.M. for a Fall Festival - City Administrator (Exhibit 4). COUNCIL ACTION - DISCUSSION VOTE OCTOBER 4, REGULAR MEETING - PAGE 6 OF 7 Council Member Watford moved to approve a Temporary Street Closing Application submitted by Ride For The Fight Corporation, closing Southwest 3 rd Avenue between North and South Park Streets on October 22, 2016, at 7:00 A.M., for a CrossFit and Firefighter Competition to raise funds to assist those battling cancer; seconded by Council Member O Connor. There was a brief discussion on this item. Council Member O Connor moved to approve a Temporary Street Closing Application submitted by First Baptist Church, closing Southwest 4 th Street between Southwest 5 th and 6 th Avenues on October 31, 2016, from 3:00 to 9:00 P.M. for a Fall Festival; seconded by Council Member Watford. Council Member Watford thanked the church for providing this for the community. E. Consider a Temporary Street Closing Application submitted by Okeechobee Main Street, closing Southwest 3 rd Avenue and Southwest 4 th Avenue between North Park Street and Southwest Park Street on October 28, 2016, from 3:30 P.M. to 9:00 P.M. for a Food Truck Event - City Administrator (Exhibit 5). Council Member Watford moved to approve a Temporary Street Closing Application submitted by Okeechobee Main Street (OKMS), closing Southwest 3 rd and 4 th Avenues between North and South Park Streets on October 28, 2016, from 3:30 to 9:00 P.M. for a Food Truck Event; seconded by Council Member O Connor. OKMS President Maureen Burroughs addressed the City Council stating they respectfully withdrew the temporary street closing, as it will not be needed with the means of changing the layout of the event. Motion and second where withdrawn from the floor. Mr. Bert Culbreth asked whether the matter could still be open for public input since many were in attendance on this issue. Mayor Kirk yielded the floor for discussion. Mr. Culbreth, representing Jersey Mikes on South Park Street, voiced his objections to bringing Food Trucks in to the town, that it was not the best thing for the community. He stated Jersey Mike s was not asked for their opinion on the subject and that he has shared his concerns with OKMS President. Mr. Jim McCoin, owner of Cowboys Restaurant, also stated his concerns about bringing in competing businesses from out of town on one of the busiest nights for local restaurants, focusing on the loss of income. He conveyed his enjoyment of the event but suggested moving it to another night during the week. Mr. Charlie Hukriede, owner of Golden Corral, echoed Mr. McCoin s statement.

7 VIII. NEW BUSINESS CONTINUED E. Consider a Temporary Street Closing Application submitted by Okeechobee Main Street, closing Southwest 3 rd Avenue and Southwest 4 th Avenue between North Park Street and Southwest Park Street on October 28, 2016, from 3:30 P.M. to 9:00 P.M. for a Food Truck Event continued. F. Consider a Temporary Street Closing Application submitted by Okeechobee Main Street, closing Southwest 3 rd Avenue and Southwest 4 th Avenue between North Park Street and Southwest Park Street on November 25, 2016, from 3:30 P.M. to 9:00 P.M. for a Food Truck Event - City Administrator (Exhibit 6). COUNCIL ACTION - DISCUSSION VOTE OCTOBER 4, REGULAR MEETING - PAGE 7 OF 7 Ms. Burroughs responded OKMS researched having the event on another night but found that most of the food truck owners are caterers and operate their businesses on the weekends and OKMS did not want to hold the events on a school night. On the advisement of Attorney Cook, Mayor Kirk directed the Administrator to get with Staff and OKMS to find a compromise for another night. Additionally, he instructed the Administrator to contact each business along Park Street and get their opinion on the event letting the Council know the results prior to any more of these events being held. No action was taken on this item, as it was requested to be withdrawn by OKMS. IX. ADJOURNMENT - Mayor Please take notice and be advised that when 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, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. There being no further discussion, nor items on the agenda, Mayor Kirk adjourned the meeting at 6:56 P.M. The next regular scheduled meeting is October 18, ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk