Loading...
1983-10-26 Special Meeting3377 3 83 -86 SPECIAL MEETING WEDNESDAY, OCTOBER 26, 1983 The City Council of the City of Okeechobee, Florida, met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida, at 6:00 P.M. Chairman Edward W. Douglas called the special meeting to order with the following Councilmen present: Edward W. Douglas, Chairman James Knight Dowling R. Watford, Jr. Oscar Thomas Oakland Chapman Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney Lydia Jean Wilkerson, Deputy Clerk AGENDA ITEMS #II & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Councilman Jim Knight, followed by the Pledge of Allegiance. AGENDA ITEM #IV - DISCUSSION BY THE COUNCIL RELATIVE TO SETBACK REQUIREMENTS ADJACENT TO CITY ALLEYS AND RIGHTS -OF -WAYS Chairman Douglas began the discussion by explaining that a problem has arisen on South 441 with the construction of Captain D's Restaurant regarding alleyway encroachments and setback requirements in reference to the alleyway being overlooked on the plot plans and site plans by the Engineer initially, and then the Building Department and the Public Works Department. This discrepancy was not caught by any department. Chairman Douglas then stated there were two possibilities or solutions in regard to this situation. First, closing the alleyway and moving it back several feet; or trading the same amount of feet on the back part of the property for the same amount of property in that block. The floor was then opened for discussion and Chairman Douglas recognized Gerald LeFebvre, Attorney for Captain D's, Jack Hancock, Attorney from Sebring, Attorney Burton Connor, and Mr. Borgenmizer, contractor. A discussion was then held my members of the Council and the representative of the Captain D's project. Councilman Chapman asked, "Who actually checked on the property lines? Was it the Building Inspector's responsibility or the Director of Public Works or the contractors ?" He went on to say that the property lines should be checked out on the first inspection, by either the Public Works Director or the Building Inspector. Councilman Chapman then stated, "What we want to do is to correct the matter and we definitely don't want it to happen again, speaking maybe for the Building Department and de- finitely the Council, that nothing will start without a permit from now on." At this time two (2) proposed agreements were introduced to the Council by Attorneys LeFebvre and Connors. These proposed agreements were drawn up by the attorneys and agreed to earlier today by Attorney Conlon with a few language changes. The first proposed agreement was a contract wherein there would be an exchange of property, the exchange of property would be such that Captain D's would exchange the present alleyway in essence would be given to the corporation and Captain D's would give you (the City) 35 feet to the west the same dimensions. Attorney Conlon at this time brought up the question of whether a reverter clause was involved stating if the property were to change hands, or not to be used for public purposes the property would revert back to its original owners. This will be researched. Attorney LeFebvre further stated, "The second agreement which would give the City time to decide what they wanted to do, the city allowing the continuation of the building which would dissolve the stop order and give the city the option of which of the two pieces of property they want. And if we (Captain D's) continue work - it is at our own risk. I If 3378 Attorney Conlon then explained the second agreement, "That is to say that in substance, would provide that is while this is being worked out or examined or considered, and if while the variance is being applied for, or considered, the Building Department were to lift the stay on the order, then they would not look to us for - -- they do it at their own risk. There is no guarantee from us that it is going to be worked out. There is a provision in :the agreement that they would be entitled to ask for damages if they could legally prove in Court that we are un- justifiably denying them a zoning request. (This does not have anything to do with what we are talking about right now.) So in other words, they are saying that they would sign this agreement that they will proceed to build at their own risk while variance is pending, while we are pending talks with Amado, while you are pending looking into the reverter clause and however the reverter clause is, they are willing to take this risk." Councilman Thomas asked, "Now, what do we need now to release this? A motion ?" Attorney Conlon answered by stating, "Yes, I do want to point out that, this concept is O.K. but there is a little bit of language that Burton and I can work out if you want to entertain a motion that if they sign this, they could proceed with their building while they wait to see the outcome of Dr. Amado and wait to see about thier variance, all at their own risk." Councilman Thomas then made a motion to go with the second proposed agreement as stated by City Attorney Conlon. The motion was seconded by Councilman Chapman. Chairman Douglas asked for any further discussion. Councilman Watford stated his objections to the proposals. The Chair was asked by the press to read back the motion made and seconded by Councilmen Thomas and Chapman as follows: "To recind the temporary building moratorium upon the understanding that the applicant would enter into a written agreement agreeing that they would proceed at their own risk with any future building while negotiations pended over the possibility of moving an alley and while their request for variance is pending ". After a brief discussion, Councilman Thomas called "question ". Chairman Douglas then asked for a vote. Councilmen Thomas, Chapman and Knight voted "Yes ". Councilman Watford voted "No ". Motion carried. Councilman Chapman then asked if it was possible for the property lines, alleyways, etc. be checked into from now on with the first inspection. Councilman Thomas agreed. There being no further discussions, the meeting was adjourned at 7:20 P.M. ATTEST: i Ag Bonnie S.Thomas, CMC City Clerk City of Okeechobee Edward W. Douglas, Chairman City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CITY CLERK'S OFFICE. AGENDA CITY OF OKEECHOBEE COUNCIL CHAMBERS SPECIAL MEETING OCTOBER 26, 1983 6:00 P.M. I. Call to Order II. Invocation - Councilman Jim Knight III. Pledge of Allegiance - Mayor Edward Douglas IV. Discussion by the Council relative to setback requirements adjacent to city alleys and rights-of-way. V. Adjournment.