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528 Various OwnersORDINANCE NO. 528 275 P AcE 1227 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A'BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES -FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM RG -2 TO COMMERCIAL.: V!EREAS, application has been duly made to change the zoning classification as he:•ein.. *sated, and WYR.'SAS, all public notices have been duly published according to law, and WHEREAS, public hearings have been held as required by Appendix A, the Comprehensi Zcning Ordinance of the City of Okeechobee, and WHEREAS after consideration of the requirements of the Comprehensive Zoning Ordinance ;End the land use plan of the City of Okeechobee as set out in the City of Okeechobee Comprehensive Plan and further after consideration of the public's interest it is deemed to be in the best interest of the City of Okeechobee to change the zoning classification of the land lying within the limits of the City of Okeechobee as herein stated; now therefore F%' IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. SECTION 1. That the following described real property is hereby rezoned from RG -2 to Commercial. Lots 7 -12, Block 76, Lots 7 -12, Block 91, Lots 7 -12, Block 108, Lots 7 -12, Block 123 of the City of Okeechobee SECTION 2. That the appplication requesting this zoning change 'and proof of publication for any and all public hearings in connection herewith shall be attached to sr: ;' become a part of this Ordinance. .'E(:'TION 3. The Zoning Administrator shall make the appropriate change on the city's zoning map in accordance with this ordinance. SECTION 4. This Ordinance shall become effective immediately upon its adoption. Introduced on first reading and set _° ^r public hearing this 5th day of November , 1554 Mayor ATTEST: • • City Clerk Introduced and passed on second and final reading this 10th day of December 19 84 Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney - DATE - REQUEST # PLANNING BOARD BOARD OF ADJUSTMENT & APPEALS FEE PAID W,3lVtI• NOTICE SENT ADVERTISEMENT HEARING DATE CLOSING DATE 7-1"— ey UNIFORM LAND USE APPLICATION GENERAL NATURE OF REQUEST: A. Rezone of Land D. Variance B. Zoning Ordinance Change `~ E. Special Except C. Appeal of decision of Zoning Administrator F. Other NOTICE: PAYMENT OF FEE MUST ACCOMPANY THIS APPLICATION ALONG WITH PROOF OF OWNERSHIP. (land deed, tax receipt, etc.) 1. Full name of owner of property VI.Q,r 1 c, L 2• Name of applicant if other than owner -)t T � Relationship to owner: agent; 3. Mailing address for notification i attor; Telephone # %C -% RLGUI R' MEETING OCTOBER 2, 1984 The Planning Board /Board of Adjustments and'Appeals met in regulaf session on October 2, 1984, at City Hall in the Council Chambers, Okeechobee, Florida at 7:00 P.M. Members present were: Lula Worthen, Darrell Ferneau, Brenda O'Connor, Jim Wright and Frank Altobello. Others present were: Building and Zoning Administrator, Mallette Westbrook; and secretary Beatrice Castorina. BOARD OF ADJUSTMENTS AND APPEALS Madam Chairman O'Connor called the Board of Adjustments and Appeals into session. APPROVAL OF MINUTES There being no corrections or additions to the minutes of September 4,1984 meeting member wright moved the minutes stand approved as presented. Seconded by member Worthen. Motion carried. ROBERT DELUCIA: APPEAL DECISION OF BUILDING INSPECTOR Mr. Delucia was not present to appear before the board. A number of residence from River Bend Trailer Park were in the audience to comment on the matter. At this time Madam Chairman O'Connor called on the residence. Mr. Coone of lot 51 stated he hea-rd Mr. Delucia was in the park the day of the meeting. Mr. Westbrook stated the board could not act on hear say of other people. Discussion ensued. Member Altobello stated he felt the board should act on the matter, since Mr. Delucia knew there was to be a meeting. 'The board took a five minute recess so Mr. Westbrook could get the map of the site lots of River Bend Trailer Park. Mr. WEstbrook reviewed the board of the recreational area in the park. Mr. WEstbrook ad- vised the board that Mr. Delucia had a total of about 1200 to 1500 square feet of recreational area. Member Altobello asked how much square feet of recreational area was designated when the park was platted. Mr. WEstbrook stated all the green areas showing on the map, which was about 17,000 square feet. Member Ferneau asked Mr. Westbrook which trailer he red taged. Mr. Westbrook stated it was the trailer on lot 16. Mr. westbrook advised the board that the code for trailer parks is to have 5000 square feet of lot area, but can have a minimum of 4500 square feet providing the same amount of recreations area of space is provided for the tenants. Member Altobello stated he didn't think,Mr. Delucia could change anything. The Park is a platted piece of property and in order to make a change he would have to revise the plat. He has to bring his new plans before the board and the -board would vote on the change, Discussion ensued. A.L. Marker of lot 17 River Bend Trailer Park stated he had a lot size of 50x145, but now hedoes'thave any room for Mr. Delucia adding neW, trailers. Member Ferneau asked how many trailers were on designated recreational areas right now. Mr. Westbrook advised there were five (5). Member Ferneau asked what could be done to make Mr. Delucia move the five trailers. He stated he feels, if it's designated for recreation, that's what it should be, and if he wants to move the recreational area he should bring a revised site plan before the board and let the board decide on the move. Member Altobello moved to deny the request for change of recreational area at River Bend Trailer Park. Then have Mr. Westbrook to follow through as building inspector to have Mr. Deluci move the trailers from the recreational lots and if he wants to do something about it, then he has the right to come before the board. Seconded by member Wright. Motion carried. ADJOURNMENT There being no further business to come before the board member Ferneau moved to adjourn. Seconded by member Worthen. Motion carried. PLANNING BOARD Madam Chairman O'Connor called the Planning Board into session. APPROVAL OF MINUTES There being no corrections or additions to the minutes, member Ferneau moved the minutes of September 4, 1984 meeting stand approved as presented. Seconded by member Wright. Motion carried. CITY OF OKEECHOBIEE - REQUEST FOR REZONING Mr. Westbrook representing the City appeared before the board to request the rezoning of all of Blocks 92,93,94,105,106,107,124,125,126,136,137,139 of the City of Okeechobee from RG -2 to C.P.O. apd lots 7 -12, Block 76, Lots 7 -12, Block 91, Lots 7 -12, Block 108, Lots 7 -12, Block 123 of the City of Okeechobee from RG -2 to Commercial. There were no opposition to the rezoning. Mr. Dick Ward was in the audience for the re- zoning change. Madam Chairman O'Connor advised the board that she and member Frank Altobello had property with in the 500 feet of property in question and they would be abstaining from voting. The board went over the findings for a rezoning. Member Wright moved to recommend to the City Council to grant the request for rezoning. Seconded by member Ferneau. Motion carried. ADJOURNMENT There being no further business to come before the board, member Wright moved to adjourn. Seconded by member Worthen. Motion carried. Meeting adjourned. Brenda O'Connor, Chairman Planning Board City of Okeechobee ATTEST: Beatrice Castorina, Secretary Planning Board City of Okeechobee THERE IS A COPY OF THIS MEETING IN IT'S ENTIRETY IN THE CLERK'S OFFICE. - CALLED MEETING TUESDAY, JULY, 24, 1984 The Planning Board /Board of Adjustments and Appeals met in a called July 24, 1984, at City Hall Members present were: Darrell Ferneau was absent. meeting on Tuesday, in the Council Chambers, Okeechobee, Florida at 7:05 P.M. Brenda O'Connor, Frank Altobello, Jim Wright and Lula Worthen. Others present were: Building and Zoning Administrator, Mallette Westbrook; Secretary, Beatrice Castorina. BOARD OF ADJUSTMENTS AND APPEALS Madam Chairman O'Connor called the Board of Adjustments and Appeals into session. APPROVAL OF MINUTES There being no corrections or additions to the minutes, member Wright moved the minutes of June 5, 1984 meeting stand approved as presented. Seconded by member Worthen. Motion carried. CECIL C. SMART, JR. - REQUEST FOR SPECIAL EXCEPTION Mr. Smart is requesting a soecial exception on lots 7 & 8, Block 106, City of Okeechobee for a home occupation in a RG -2 area to have a locksmith and engraving business on the property This item Was tabled from the June 5, 1984 meeting. Madam Chairman O'Connor advised the board Mr. Smart's cross area with the garage is 2,645.9 square feet and gross area without the _garage is 2,234.3. He can only ise 20% of the living area in his home for the business, which is 529.18 with the garage and 446.9 without the garage. Mr. Westbrook stated Mr. Smart was going to use 409 square feet for the business and that comes within the 20 %. No objections were voiced or in writing. The board went over the findings for a special exception. Member Altobello moved to grant the special exception for home occupation. Seconded by member Wright. Motion carried. JETSON MORGAN - REQUEST FOR VARIANCE Mr. Morgan is requesting a variance on lots 11 & 12, Block 20, Southwest Addition for a set back of 7P feet to enable a carport on this house to remain. Mr. Westbrook addressed the board on behalf of Mr. and Mrs. Morgan. Mr Westbrook advised the board, that the Morgans hired an aluminum contractor to build a carpot on their home. They thought the contractor had taken care of all permits nad thought everything was fine. The contractor didn't get the permit and he didn't have a survey to check the set backs to see if there were enough property for the carport. He had already put the carport up when Mr. Westbrook discovered the problem. He said the contractor offered to take the carport down, but a slab was already poured and the morgans wanted it. Mr. Westbrook advised Mr and Mrs Morgan they could go before the Board of Adjustments and Appeals for a variance before it was taken down. Mr Westbrook asked the board if they would return the $100.00 dollar appli- cation fee to Mr. and Mrs. Morgan due to the circumstances. The board went over the findings for a variance with no objections to the findings. Member Wright moved to grant the variance and to return the $100.00 dollar application fee. Seconded by member Altobello. Motion carried. ADJOURNMENT There being no further business to come before the Board of Adjustments and Appeals, member Worthen moved to adjourn. Seconded by member Wright. Motion carried PLANNING BOARD Madam Chairman O'Connor called the Planning Board into session. APPROVAL OF MINUTES There being no additions or corrections to the minutes of June 5, 1984 meeting, member Altobello moved the minutes stand approved as presented. Seconded by member Worthen. Motion carried. CITY OF Okeechobee - REQUEST FOR REZONING Mr. Westbrook advised the board this matter should be tabled until the next meeting, due to two of the members being property owners in this area. These members would have to obstain form voting and there wouldn't be enough members to vote as a majority. Madam Chairman O'Connor asked if there were anyone the audience wanting to say anything on this matter. Richard Ward of lots 7,8, & 9, Block 108 stated he was for the rezoning. Barbara Roof of lots 1,2, & 3, Block 108 stated she was for the rezoning, also stated the City needs more room to expand for growth. ADJOURNMENT There being no further business to come before the Planning Board, Member Wright moved to adjourn. Seconded by member Worhten. Motion carried. Meeting adjourned at 7:30 P.M. Brenda O'Connor, Madam Chairman Planning Board City of Okeechobee ATTEST: Beatrice Castorina, Secretary Planning Board City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ,TT'S ENTIRETY IN THE CLERK's OFFICE CITY COUNCIL Dr. Edward Douglas, Mayor Jim Knight, Sr., Vice Mayor COUNCIL MEMBERS Oakland Chapman Dowling Watford, Jr. Oscar Thomas CITY ADMINISTRATION J. Mallette Westbrook Dir. of General Services 813- 763 -7292 Richard C. Fellows City Administrator 813- 763 -4116 Bonnie Thomas City Clerk 813 - 763 -3372 Landdn C. Fortner, Jr. Dir. of Public Works 813- 763 -7054 Larry Mobley Chief of Police 813 -763 -5521 L. Keith Tomey, II Fire Chief 813-763-4423 CITY OF OKEECHOBEE CITY HALL 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FLORIDA 33472 -2932 Home of The Second Largest Fresh Water Lake in the United States MEMORANDUM TO: The City Council FROM: The Planning Board DATE: October 2, 1984 RE: Rezoning request by City of Okeechobee to rezone all of Block 92,93,94, 105, 106,107,124,125,126,136,137,139 of the City of Okeechobee from RG -2 to C.P.O. and Lots 7 -12, Block 76, Lots 7 -12, Block 91, Lots 7 -12, Block 108, lots 7 -12, Block 123 of the City of Okeechobee from RG -2 to Commercial. This area is going towards the CPO zoning. There are quiet a number of business already in this area and more wanting to go in. REQUEST: Rezoning to enable more business in this area. DISCUSSION: No objections were voiced. ACTION TAKEN: Board members reviewed the sixteen requirements with no objections to the findings. Member Wright moved to recommend to the City Council to grant the rezoning request from RG -2 to CPO and Commercial. Seconded by member Ferneau. Motion carried. Brenda O'Connor Planning Board Chairman City of Okeechobee NOTICE OF INTENTION TO AMEND CITY ZONING ORDINANCE #402 NOTICE is hereby given that the Planning Board of the City of Okeechobee, Florida, a municipal corporation will consider rezoning RG -2 to ing C.P.O. 0 and Commercial and to amend according the Comprehensive Zoning Ordinance #402, the following described rea propert l y, situate, lying and being within the corporate limits of the City of Okeechobee, Florida, to -wit: All of Block 92,93, the City from RG -2 94, 6,107,124,125,126,136,137,139 of too C.P.O. Lots 7 -12, Block 76, Lots 7 -12, Block 91, Lots Lots 7 -12, Block 123 of the City from RG -2 to Conmerciial. 108 and that a public hearing in relation thereto will be held at P.M. on the 10th day 7:00 y of July, 1984, in the City Council Room, City Hall, Okeechobee, time all Florida, at which parties in interest and citizens shall have an opportunity to be heard. PLEASE GOVERN YOURSELVES ACCORDINGLY. Mallette Westbrook Building and Zoning Administrator City of Okeechobee PUBLISH IN THE OKEECHOBEE NEWS: June 20, 1984. Posted on property June 20, 1984, by building official, Mallette Westbrook. Additional information may be obtained by calling 763 -7292. A ! • n i1 ME= I I L vim •J. ^_' 1 .5 e M 111001 weet IMO • 10011A11 law 1fl011A• 11 al Mil ECIE OVIMI awimiMii austi 1111111111 vIIIi �. lilir z " =IN 1111111 AU NM 110■11•4 V• 41.0b - 0•al u•u 310.1/11 1111 III V0lil NM M .0._n 7. 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Is the proposed change contrary to the established land use pattern? B Will the proposed change create an isolated district unrelated to adjacent and nearby property? C Will the proposed change materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, etc D. Are existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? . Will the proposed change be contrary to the City's compre- hensive plan? F. Do changed br changing conditions make the passage of the proposed amendment necessary? G. Will the proposed change adversely influence living condi- tions in the neighborhood? H. Will the proposed change create or excessively increase traffic congestion or otherwise affect public safety? I Will the proposed change create a drainage problem? J Will the proposed change seriously reduce light and air to the adjacent areas? Will the proposed change adversely affect property values in the adjacent area? . Will the proposed change be a deterrent to the improvement or development of adjacent property in accord with existing regulations? Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? Are there substantial reasons why the property cannot be used in accord with existing zoning? Is the change suggested out of scale with the needs of the neighborhood cik- the City? Is it impossible to find other adequate sites in the City for the proposed use in districts already permitting such use? PLANNING BOARD /BOARD OF ADJUSTMENTS AND APPEALS CITY OF OKEECHOBEE JULY 10,1984 AGENDA 7 :00 P.M. BOARD OF ADJUSTMENTS AND APPEALS 1. Approval of minutes of June 5, 1984 meeting. 2. Cecil C. Smart, Jr. - Request for a Special Exception on lots 7 &8,Block 106, City of Okeechobee for a home occupation in a RG -2 area for a locksmith and engraving business. 3. Jetson Morgan - Request for a variance on lots 11 & 12, Block 20, South- west addition for a set back of 7' to enable the carport on his house to remain. 4. Adjournment. PLANNING BOARD 1. Approval of minutes of June 5, 1984 meeting. 2. City of Okeechobee - Request of a Rezoning of all.of Block 92,93,94,105, 106 ,107,124,125,126,136,137,139, of City of Okeechobee from RG -2 To C.P.O. and Lots 7 -12, Block 76, Lots 7 -12, Block 91, Lots 7 -12, Block 108, Lots 7 -12, Block 123 of the City of Okeechobee, from RG -2 To Commercial. 3. Adjournment. TO: All Planning Board Members FR: Mallette Westbrook RE: Status Report July 10, 1984 BOARD OF ADJUSTMENTS AND APPEALS Item 1. Cecil C. Smart has filed a request for a special exception on loth 7 & 8, Block 106, City of Okeechobee for a home occupation in a RG -2 area for a lock smith and engraving business. This item was tabled from last months meeting and everything'seems to be in order and the Building Official recommend that this request be granted. Item 2. Jetson Morgan has filed a request for a variance on lots 11 & 12, Block 20, Southwest Addition on a set back of 7' to enable the carport to remain on his house. Of no fault of the owners of the property this problem exist. The contactor was suppose to have taken care of all,permits and etc. Therefore the owners did not know there was any thing wrong with the carport. The Building Official ask that the fee be waive, due to the circumstances and request grante PLANNING BOARD Item 1. The building Official is asking for this rezoning of lots 7 -12, Block 76, Lots 7 -12, B1k 91, Lots 7 -12, Blk•108, Lots 7 -12, B1k 123 of the City of Okeechobee to Commercial & All Blocks 92,93,94, 105 ,106,107,124,125,126,136,137, and 139. to CPO. This to enable more offices in this area. Most of this area is already professional offices and this would allow more offices to come in without going for a rezoning on each individual case. 7 84 -51 A- Z 35 3 REGULAR MEETING MONDAY, DECEMBER 10, 1984 The City Council of the City of Okeechobee, met in regular session in Council Chambers 55 Southeast Third Avenue, Okeechobee, Florida at 7:00 P.M. Chairman Edward W. Douglas called the meeting to order with the following Councilmen present: Edward W. Douglas, Chairman James Knight, Vice - Chairman Dowling R. Watford, Councilman Oscar Thomas, Councilman Oakland Chapman, Councilman Others present were:• Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney Lydia J. Wilkerson, Deputy Clerk AGENDA ITEMS / /II & III z INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Reverend C.R. Kilgore, Pastor of the Church of God, followed by the Pledge of Allegiance. Reverend Kilgore presented an award of special recognitioN from the Citizens of Okee- chobee to Councilman Oakland Chapman for attending every City Council meeting for the past six (6) years. AGENDA ITEM #V - ACTION BY THE COUNCIL TO APPROVE THE CERTIFICATE OF THE CITY CANVASSING BOARD RELATIVE TO THE RECENT CITY ELECTIONS AND RESOLUTIONS Chairman Douglas read the results of the City General Election as follows: STATE OF FLORIDA OKEECHOBEE , COUNTY, CITY OF OKEECHOBEE We, the undersigned, Edward W. Douglas, James H. Knight, Dowling R. Watford, Jr., Oscar Thomas and Oakland Chapman, City Councilmen, and Bonnie S. Thomas, City Clerk and Supervisor of City Elections, constituting the Board of City Canvassers in and for said City, do hereby certify that we met in the City Council Chambers on the 10th day of December , 1984, and proceeded to pub- licly canvass the votes given for the two (2) City Council seats held on the Fourth day of December 1984, as shown by the returns on file in the offict of the City Clerk, 55 Southeast Third Avenue. Okeechobee, Florida. We do hereby certify from said returns as follows: R.R. "NICK" COLLINS received 374 votes ANDY RUBIN received 269 votes DOWLING R. WATFORD, JR. received 212 votes JAMES H. KNIGHT received 188 votes BRENDA TRENT O'CONNOR received 187 votes The total `number of persons who voted in the 1984 General City Election was 690 . STRAW VOTE: Are you in favor of extending the City limits by annexation? Yes 342 No 154 Chairman Douglas read the resolution declaring the results as follows: WHEREAS, the City Council of the City of Okeechobee, Florida, sitting as a board of canvassers, has canvassed the returns of the City General Election held Decem- 3574 WHEREAS, R.R. "NICK" COLLINS and ANDY RUBIN received the highest number of votes for Councilmen. NOW, THEREFORE, BE IT RESOLVED, that R.R. "NICK" COLLINS and ANDY RUBIN be, and they are hereby declared elected for four (4) years as City Councilmen, with terms beginning the first Monday in January, 1985. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to issue and deliver certificates of 'election to each of the above named persons. PASSED AND ADOPTED in regular session this 10th day of December , A.D.,, 1984. The Chairman then asked for discussion. There was no discussion. Councilman Knight made a motion that the resolution be approved. Councilman Chapman seconded the motion. Motion carried. follows: Chairman Douglas read a resolution of appreciation for Councilman James Knight as WHEREAS, Jim Knight, Senior, has completed eight -years service to the City of Okeechobee as City Councilman; and WHEREAS, during his tenure the City experienced tremendous growth in the way of new residents and new business; and WHEREAS, during his tenure the City was successful in undertaking a 201 area -wide wastewater treatment plan; and WHEREAS, Vice Mayor and Councilman Jim Knight, Senior also served his community on the finance and taxation committee of the Florida League of Cities; and WHEREAS, the Mayor and present members of the Council wish to thank Jim Knight, Senior for his service to the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, as follows: The Mayor and City Council hereby extend to Jim Knight, Senior best wishes and sincere thanks for service to the community. Introduced and adopted in regular session this 10th day of December, 1984. follows: Chairman Douglas read a resolution of appreciation for Councilman Dowling Watford as WHEREAS, Dowling Watford, Jr., has completed four -years service to the City of Okeechobee as City Councilman; and WHEREAS, during his tenure the City experienced tremendous growth in the way of new residents and new business; and WHEREAS, during his tenure the City was successful in undertaking a 201 area -wide wastewater treatment plan; and WHEREAS, Councilman Dowling Watford, Jr., also served htc ,,.a «.. 3575 WHEREAS, the Mayor and present members of the Council wish to thank Dowling Watford, Jr. for his service to the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, as follows: The Mayor and City Council hereby extend to Dowling Watford, Jr. best wishes and sincere thanks for service to the community. Introduced and adopted in regular session this 10th day of December, 1984. 4 Councilman Chapman made a motion that the resolutions be approved as read. Councilman Thomas seconded the motion. There being no discussion, the motion carried. 84 -1 AGENDA ITEM //IV - APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF 11 -5 -84 Chairman Douglas called or any additions or deletions to the minutes of the Regular Meeting of November 5th, 1984. There being no additions or deletions the minutes were approved as presented. 84 -48 AGENDA ITEM f /VII - APPEARANCES (a) Ms. Linda Wilcox addressed Council concerning the recent passage of the handicapped ordinance in which the maximum fine allowed by state law ($100.00) was reduced to $25.00. Ms. Wilcox made several comments as to why the fine should be increased to $100.00. Councilman Thomas stated that he made the motion to reduce the fine to $25.00, but since the passage of the ordinance he had checked with several other communities and with his findin phe felt the fine should be increased to the maximum amount allowed. Councilman Thomas then made a motion to amend the handicapped ordinance (to include a $100.00 fine). Councilman Chapman seconded the motion. Chairman Douglas asked for discussion. Councilman Watford stated, "I think +the important thing is to enforce the law. We did pass the law. The proper signs were put up. I'm sure our City Police Department will enforce the law. I don't think the amount is what's important. I think the ordinance is fine as it is, I don't see the need to change the ordinance." Chairman Douglas asked if there was any further discussion. There being no further dis- cussion, Chairman Douglas asked for a vote on the motion to amend the handicapped ordinance. Councilmen Thomas and Chapman voted "Aye ". Councilmen Watford and Knight voted "Nay ". Chairman Douglas vote "Aye ", therefore the motion to amend the ordinance carried. Ms. Wilcox thanked the Council for their decision to amend the ordinance. Mr. Andy Rubin addressed Council and stated that he was on the handicapped committee and the committee had recommended the $100.00 find in the first public hearings on the ordinance (after obtaining information from other areas). Mr. Rubin then thanked the Council for their decision to amend the ordinance. Chairman Douglas stated the first public hearing on the amendment would be the first meeting in January (1 -7 -85. The final hearing will be on January 21st, 1985). Councilmembers agreed to have the hearings on these dates. (b) Mr. Henry Kelly, President of the Chamber of Commerce, addressed Council and re- quested the City grant the Chamber a 99 year lease. Mr. Kelly stated that the Chamber had previously held meetings with the Library Board, and 3576 Councilman Chapman stated that he felt since the property belonged to the City, the City Officials should be in charge of the property. He went on to say he felt a 25 year lease would be enough for the Chamber since the Library was only requesting a 20 year lease in order to secure a grant. Councilman Thomas stated that he did not have any problems with the 99 year lease, since the land was designated for the Chamber. Councilman Watford asked Attorney Conlon if there were any restrictions on the property. Attorney Conlon stated, "Since all of the property was not deeded at one time, I would like to go back and examine the documents again ". Attorney Conlon then said that he believed there was a deed removing all restrictions. After a brief discussion between Attorneys Conlon and Cassels concerning the 99 year lease, Mr Kelly stated, "At this point, the Chamber, withdraws their request for 99 years, but we definently ask for 50 years." 4 Councilman Knight stated, "I personally don't think the number of years really matters that that much in this case. I think, looking at it from the City's stand - point, if something happens to the Chamber and they leave the City to pay for it (lien, mortgage). 1 think it should be stipulated (in the lease) that if something happens that this property will revert back to the City. And the City would not be held liable for any liens or mortgages . I will make it into a motion to allow the chamber to have a 50 year lease with these stipulations: that the City would not be held liable for any liens or mortgages or what ever on this property; and at any such time within the next 50 years if something was to happen it would revert back to the City." Councilman Thomas seconded the motion. Chairman Douglas asked if there was any further discussion. Councilman Watford stated that he felt 50 years was a very long time and made a motion to amend the original motion to 30 years with the same stipulations. Councilman Chapman seconded the motion. Members of the Chamber made a few comments against the 30 year lease. Attorney Conlon asked that it be included in the motion that the lease be granted contingent upon final legal clearance. Attorney Conlon also suggested that a time limit be set for the beginning dates of construction on the property. Mr. Kelly stated that a 50 year lease would be very helpful to the Chamber in their fund raising campaign. Chairman Douglas stated that the 50 year lease was agreeable with him. Councilman Watford asked Clerk Thomas for clarification of the amount of years specified in his motion. Clerk Thomas answered it was 30 years. Mr. Rubin asked what the square footage amounts were for the Chamber and Library. Mr. Kelly answered, "2100 square feet for the Chamber). Mr. George Jackson, representing the Library answered, "4000 square feet ". Mr. Rubin commented on the amount of parking spaces which he felt were needed for these two businesses to operate. Chairman Douglas asked if there was any further discussion on the motion to amend the motion to specify 30 years instead of 50 years. There being no further discussion, Chairman Douglas asked for a vote on the motion. Councilmen Watfordand Chapman voted "Aye ". Councilmen Thomas and Knight voted "Nay ". Chairman Douglas voted "Nay ". Therefore the motion did not carry. Chairman Douglas asked for discussion on the original motion giving the Chamber a 50 year lease. Councilmembers discussed the time limit for the beginning date of construction. Councilman Knight made a motion to give the Chamber 2 years for beginning construction and sub ject to legal clarification. r,,.e ,,;i.,,n Thmmnc conn.,.ho,l ttio i 84 -2 3577 Chairman Douglas asked for discussion on the original motion as amended. With all Councilmen in favor the motion carried. (c) Mr. Ted Levine addressed Council on behalf of the Library and requested the City grant the library a lease for 20 year or the life of the building (whichever is greater) in order to secure their grant. Chairman Douglas opened the floor for discussion. Councilmembers discussed the addition of the Library briefly with the Library Representatives. Councilman Watford made a motion to grant the Board of County Commissioners a 20 year lease on the property (subject property) for.the purpose of a County Library, with the same reverter clause (that if for any reason the building in no longer used for a County Library, it would revers back to the City). Library Representative, Bruce Homer suggested the Council grant the Library the same lease as they did for the Chamber of Commerce (50 years). Councilmembers briefly discussed the possible wording of the lease for the library. Councilman Watford stated, "I would like to clarify my motion by stating that if the County did not use the property for a library it'would revert back to the City ". Mr. Levine stated, "Legally that would not be - it would revert back to the Federal Government ". Councilman Watford stated, "That would put the obligation on the County Commission and the Library ". Councilmembers further discussed the reverter clause. Councilman Watford withdrew his motion. Attorney Conlon asked the Library Representatives when the application for the grant needed to be returned. Mr. Levine answered, "February 11th ". Councilman Watford made another motion to grant the County a 20 year lease on the property with the stipulation that it be used for a Library only. Councilman Chapman seconded the motion. Chairman Douglas asked for discussion. Councilmembers and representatives of the library discussed what was considered the life time of the building. Chairman Douglas asked for a vote on the motion. Councilmen Watford, Knight and Chapman voted "Aye ", Couniclman Thomas voted "Nay ". Chairman Douglas asked for a clarification on the vote. Since the Council was not sure of the motion or vote, Chairman Douglas asked if anyone wished to amend the motion to state 30 years. Councilman Thomas moved to amend the motion to stipulate 30 years instead of 20 years. Councilman Knight seconded the motion. Chairman Douglas asked for discussion. Councilman Watford asked if the stipulations would remain the same. Chairman Douglas stated only the amount of years would change. Councilman Watford asked if the Council would also include in the motion about the legalities It was agreeable with the Council. Chairman Douglas asked for a vote. All Councilmen were in favor of the amendment. Motion carried. Chairman Douglas aksed for discussion on the original motion as amended. There being no discus- sion, Chairman Douglas asked for a vote. The motion carried. AGENDA ITEM / /VI - MAYOR EDWARD DOUGLAS, ON BEHALF OF THE CITY CC (INCH _ wrru aM 4 3578 84 -53 AGENDA ITEM #V (d) Mr. Jim Horton, Director of Manufacturing Operations for Madray Homes, addressed Council, and request the City's assistance in helping their company obtain a Community Development Block Grant to get the business started (to be located within the City limits). Mr. Horton explained to the Council the manufacturing process of the aluminum and read an article which was appearing in a Trade magazine explaining the process in detail. And then invited the Council to visit the company to see for themselves how the plant worked. Mr. Horton stated his company would employ 450 to 600 people. Their company is presently located in the County where they have 51 people employed. Councilman Watford asked Mr. I- jorton if the City assisted in obtaining the grant would it cost the City anything. Mr. Horton answered that it would be of no cost to the City. Chairman Douglas asked if there was any further discussion. Councilman Watford stated, "I think we need to be very careful with something like this, with all due respect to the presentaiton we've received tonight. There can be a lot of things which sound good but actually in fact do not work out. If I may suggest that this board really consider, I can think of many things to consider: 1. The applicant or the company should be investigated throughly, financial reports, qualifications, personnel, etc. 2. Enlist the aid of the Central Florida Regional Planning Council. They have experience in these types of things. I think they could give us some very good advice on how to begin something like this What we should ask for ". Chairman Douglas stated that Manufacturing Operations for Madray Homes ajready has a large amount of money invested here in Okeechobee. Mr. Horton stated, "To date, we have spent a little over Two and a half Million Dollars, in our research and development, also in the manufacture of all of our machines that it takes to produce these components. So we do have a sizeable investment here ". Councilman Thomas suggested the City look into the company's qualifications, etc., as Councilman Watford requested. Attorney John Cassels addressed the Council and stated that they just wanted to let the Council meet Jim Horton to get the dialogue going and to insure that the Council's requirements would be met in connection with the grant application. Chairman Douglas asked if it was agreeable with the Council to assist the Manufacturing Operation for Madray Homes, with obtaining a grant. Council agreed. AGENDA ITEM //VIII - RECEIPT OF A REPORT, FROM THE ENGINEERING COMMITTEE, REGARDING RECOMMENDATIONS ON A CONSULTING ENGINEER ADVERTISED FOR UNDER THE CONSULTANTS COMPETITIVE NEGOTIATIONS ACT Councilman Watford stated that the Engineering Committee met regarding recommendations on a consulting engineer which was advertised for under the Consultants Competitive Negotiations Act. Councilman Watford directed the Council's attention to a copy of the minutes of the meeting in which the committee recommended the following engineers: 1) Broome, VanOstran & Associates, 2) Lindahl, 3) Johnson and Prewitt and 4) Mosley Collins. Councilman Watford made a motion that the City accept the committee's report with the ranking as previously stated, and table any further action until the new board takes over. Councilman Thomas seconded the motion. Chairman Douglas asked for discussion. Councilman Watford stated that he would like to explain why the committee decided on the engineers the way they did. He went on to say, "I firmly believe that this is a good ranking of the firms that applied. I sincerely believe that. However, there has been much publicity through the recent election and one of the items was "Engineer ". 1 think for this reason we should wait until the new mem- bers come on board, because they may have and apparently do have mcin> iriPac i ,i,,.... a, 3579 Chairman Douglas aksed for discussion. Councilman Thomas questioned the ranking of the engineers, and then suggested the local engineers be listed last. Attorney Conlon explained the procedures of the Consultants Competitive Negotiations Act to Councilman Thomas. Councilman Thomas withdrew his second to the motion. Councilman Knight seconded the motion. Councilman Thomas made a motion to amend the motion changing the ranking of the engineers to 1) Lindahl, 2) Johnson and Prewitt, 3) Broome, VanOstran and Associates and 4) Mosely Collins. Chairman Douglas asked if there was a second to the motion. Motion died for lack of a second: Chairman Douglas asked for a vote on the original motion. Councilmen Watford, Knight and Chapman voted, "Aye ", Councilman Thomas voted "Nay ". Chairman Douglas voted "Aye ". Motion carried. 84 -55 ! AGENDA ITEM ;' /IX - ACTION BY THE COUNCIL TO APPROVE THE FIRST PARTIAL PAY ESTIMATE FOR TADDIE UNDERGROUND UTILITIES, IN THE AMOUNT OF $203,777.82, CONTINGENT UPON APPROVAL OF THE FARMERS HOME ADMINISTRATION Chairman Douglas introduced the agenda item and asked if there was a motion to approve the payment. Councilman Knight made the motion. Councilman Chapman seconded the motion. Motion Carried. 84 -23 AGENDA ITEM //X - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBE TO PROVIDE A 10% CASH DISCOUNT FOR TIMELY PAYMENT OF THE SEWER SYSTEM CAPACITY CHARGES AND CONNECTION FEES AND SETTING OF A PUBLIC HEARING ON MONDAY, JANUARY 7, 1985. Chairman Douglas read the ordinance by title only as follows: 84 -55 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 18, ARTICLE IV, SECTION 18 -561 TO PROVIDE A NEW SUB - PARAGRAPH (d) PROVIDING A TEN PERCENT DISCOUNT ON SEWER CONNECTION FEES AND SYSTEM CAPACITY CHARGES WHEN SAID FEES ARE PAID IN FULL, IN CASH, BETWEEN JANUARY 14TH, 1985 AND APRIL 12TH, 1985; PROVIDING AN EFFECTIVE DATE. The floor was opened for discussion. councilman Chapman moved to set the ordinance for public hearing on 1 -7 -85. Councilman Watford seconded the motion. Chairman Douglas asked for discussion. Mr. Rucker Wilcox asked the Council is this discount included the homes that he was building. Chairman Douglas answered yes, between 1 -14 -85 and 4 -12 -85 if the ordinance passed. Mr. Andy Rubin asked if this ordinance would in any way interfere with the people on fixed in- comes paying $20.00 per month. Chairman Douglas answered, "No it would not ". There being no further discussion the motion carried. AGENDA ITEM I /XI - ACTION BY THE COUNCIL TO APPROVE CHANGE ORDER NO.3, FOR WIDELL AND ASSOCIATES FOR RELOCATION OF THE ENTRANCE ROAD AT THE SEWAGE TREATMENT PLANT, INCREASING THE CONTRACT BY $3,775.90 Chairman Douglas introduced the item and asked the Engineer or Director Fortner to explain the reasoning of the change order. Engineer Broome stated, "When we revised the access road, we put some wide curves in it to make the curves more gentle and in so doing we didn't quite have 310 acres as required for Spray Irri- gation, so we are going back and revise it making the curves a lot more tighter to follow that western boundary line and as a result get 72 feet additional. Which basically changes the plans - so much for the shell base and so much for the fill, thing like that. That's what we did wrong ". Councilmembers discussed the change order briefly. • 3580 84 -49 84 -28 The first one being: Grassing and mulching. In order to lower the overall cost of the plant, there was at one time 310 acres for grassing and mulching. After the bids came in - the lowest bidder, grassing and mulching was one of his highest prices. The low bidder was $650.00 per acre. The second highest :3idder, Rock -A -Way was $347.00 per acre. the Third was $375.00 per acre and the fourth was $365.00 per acre. We felt that this was one of the items we could cut and come back to later to negotiate more reasonable prices. The three other contractors were much lower." Council discussed the grassing and mulching. Engineer Broome said that this was a very costly item somewhere in the tens of thousands of dollars, an item that EPA, DER would pay 55% of. Mr. Broome stated they have been keeping in close contact with EPA and DER and they have written a letter stating that it was our intention to negotiate the grassing and mulching in a future change order which is what the Council was discussing at this time. EPA and DER are holding up all of the change orders until they receive a letter of committment from the City saying they will go in and plant at a later date or they will put it in a change order now for approval. Councilmembers discussed the possibility of the City handling the grassing and mulching them- selves or negotiating with Widell, and the possibility of hiring some people (Charlie Harvey and Clarence Arnold suggested) on the City payroll (that has the necessary equipment) just for this job of grassing and mulching. Councilman Knight asked if the City could hire someone just for this purpose. Director Fortner stated they would check into the different alternatives and report back to Council.' Chairman Douglas recessed the meeting at 9:18 for 5 minutes. At 9:25 the meeting was called back in session. AGENDA ITEM //XII - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE PROPOSING TO ANNEX PROPERTY IN THE CONNERS HIGHLAND SUBDIVISION, BY VOLUNTARY PETITION, INTO THE CITY OF OKEECHOBEE C hairman Douglas read the ordinance by title only as follows: AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF PETITIONS FOR VOLUNTARY ANNEXATION OF CERTAIN PARCELS OF LAND IN THE UNINCORPORATED AREA OF OKEECHOBEE COUNTY, FLORIDA CONTIG- UOUS TO THE PRESENT BOUNDARIES OF THE CITY OF OKEECHOBEE; PROVIDING FOR REDEFINING OF THE MUNICIPAL BOUNDARIES TO INCLUDE SAID PARCELS; PROVIDING FOR ADVERTISING AND PUBLIC HEARINGS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. The Chairman asked for public comment. No response. Chairman Douglas asked for Council's discussion. Councilman Thomas moved to approve the ordinance. Councilman Chapman seconded the motion. Chairman Douglas asked for discussion. Councilman Watford asked if any of the other department heads had any problem with the ordinance. No response. Motion then carried. AGENDA ITEM ;' /XIII - PUBLIC HEARING AND FINAL READING OF AN ORDINANCE REQUESTING THE REZONING OF A NUMBER OF BLOCKS IN THE NORTHWEST SECTION OF TOWN, FROM RG2 TO CPO AND RG2 TO C. THE PROPERTY IS BOUNDED ON THE NORTH BY 6TH STREET, ON THE WEST BY 5TH AVENUE, ON THE EAST BY 2ND AVENUE AND ON THE SOUTH BY 4TH S1`REET. (PLANNING AND ZONING RECOMMENDS APPROVAL). Chairman Douglas read the ordinance by title only as follows: (ill RG2 to CPO) AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH FSTART ISHFS ZONING REGULATIONS AND PROVIDES FOR THE ADMINIS- 84 -26 3581 The Chairman asked for public comment /discussion. Councilman Watford stated there were several homes in this area and asked if all of the pro- perty owners were notified of the zoning change. Administrator Fellows stated that all property owners were notified by the Planning and Zoning Board and by the Clerk's office when it was advertised for public hearing, with no objections re- ceived. Chairman Douglas asked if there was any further discussion. Councilman Chapman moved to approve the rezoning. Councilman Knight seconded the motion. Motion Carried. Chairman Douglas read the ordinance by title only as follows: ( #2 RG2 to Comm.) AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA: AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF: PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM RG2 TO COMMERCIAL. The Chairman asked for public comment. Councilman Watford stated he had the same concerns with this drdinance as the other ordinance. Clerk Thomas stated one response was received from Mr. Dick Ward. Chairman Douglas read the letter into the minutes as follows: Dear Ms. Thomas: In response to your letter on the reverse: I don't like spot zoning. While the changes listed are in the works, I would like to have out lots - -Block 61..Lots 9,10,15,19 and 20, Block 78... Lots 3 and 4 rezoned to concur with the proposed changes in zoning. We will appreciate it if you will be good enough to send whatever form of application is appropriate. Thank you. M & M LANDS, INC., Roy C. Jones Councilman Knight moved to approve the rezoning. Councilman Thomas seconded the motion. Motion carried. AGENDA ITEM #XIV - DISCUSSION ON THE ADOPTION OF A RESOLUTION AUTHORIZING ELIGIBLE PERSONS TO APPLY, TO THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, FOR A WAIVER OF SEWER CONNECTION Chairman Douglas read the resolution as follows: WHEREAS, the City of Okeechobee has let a contract for construction of a new waste- water collection system and wastewater treatment plant; and WHEREAS, the rules and regulations of the Department of Health, State of Florida, require mandatory connection to a public sewer system at such time as said public system becomes avail- able; and WHEREAS, there exists within certain structures located on property in such a way as to make it unfeasible to connect with the City's new sanitary collection system; and WHEREAS, the rules of the Public Health Department provide a procedure allowing an applicant to request a waiver of the mandatory connection requirement in such a case, with the approval of the Department of Health and Rehabilitative Services; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEE- CHOBEE, FLORIDA, as follows: Section 1. Any house or st- ucture so located on a lot as to be more than two hundred and fifty (250) feet distance from the nearest point of connection to the Citys publicly -owned sanitary sewer collection system shall be eligible to apply to the State of Florida, Department of Health and Rehabilitative Services for a waiver of the state's mandatory connection rule. Section 2: The method to be used in calculating the two hundred and fifty (250) feet distance for purposes of making application to the state for a waiver shall be: from the nearest point of connection to the City's sanitary sewer collection system by the shortest normal route of travel for a pipeline to the nearest sewer outfall line of the house or structure. Section 3. This Resolution shall take effect upon its adoption. 3582 84 -51 After discussion by Council concerning the resolution, Councilman Watford moved to approve the resolution. Councilman Chapman seconded the motion. Motion carried. AGENDA ITEM #XV - DISCUSSION, BY THE COUNCIL, OFAN ORDINANCE TO AMEND OUR ADMINISTRATIVE CODE TO CREATE THE DEPARTMENT OF PUBLIC UTILITIES Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 2, ARTICLE III, SECTION 2 -47 TO ELIMINATE THE RESPONSIBILITY OF WATER AND SEWER FACILITIES, LIFT STATIONS AND TREATMENT PLANTS FROM THE DEPARTMENT OF PUBLIC WORKS; CREATING SEC- TION 2 -47a UTILITIES DEPARTMENT; PROVIDING FOR DUTIES AND RESPONSI- BILITIES; PROVIDING FOR A DIRECTOR; AMENDING CHAPTER 18, WATER, SEWERS AND SEWAGE DISPOSAL TO. PROVIDE WITHIN THE CHAPTER, IN ALL INSTANCES, THAT THE DIRECTOR OF PUBLIC UTILITIES SHALL REPLACE THE DIRECTOR OF PUBLIC WORKS AS THE RESPONSIBLE INDIVIDUAL• PRO- s VIDING AN EFFECTIVE-DATE. Councilman Chapman moved to set the ordinance for public hearing on January 7, 1985. Councilman Knight seconded the motion. Motion Carried. AGENDA ITEM 1 /XVII - INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING ORDINANCE 387 SETTING FORTH REQUIREMENTS FOR QUALIFYING AS A CANDIDATE FOR CITY ELECTIONS TO THE OFFICE OF COUNCILMAN OR CITY CLERK AND SETTING OF A PUBLIC HEARING FOR JANUARY 7, 1985 Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING ORDINANCE NO. 387 PRESCRIBING QUALIFYING FEES FOR CONDIDATES FOR THE OFFICES OF CITY CLERK AND CITY . COUNCILMAN; PROVIDING A CANDIDATE FOR THE OFFICE OF CITY CLERK OR CITY COUNCILMAN BE A RESIDENT OF THE CITY OF OKEECHOBEE AT THE TIME OF QUALIFICATION; PROVIDING AN EFFECTIVE DATE. Councilman Chapman moved to set the ordinance for public hearing on January 7, 1985. Councilman Thomas seconded the motion. Motion carried. AGENDA ITEM / /XVIII - ACTION BY THE COUNCIL TO ADOPT A RESOLUTION AUTHORIZING THE OKEECHOBEE COUNTY SCHOOL BOARD AND THE ECKERD FOUNDATION TO USE THE FACILITIES OF THE OKEECHOBEE CITY SEWER SYSTEM. Chairman Douglas read the resolution as follows: WHEREAS, the City of Okeechobee operates a central sewer system within and without the corporate limits of the City of Okeechobee, and; WHEREAS, said system is presently operating near capacity and; WHEREAS, the public health and safety requires the system be managed carefully so as not to exceed the designed capacity, now therefore, BE IT RESOLVED by the City Council of the City of Okeechobee, as follows: 1. Until further study and review determines otherwise, it is deemed in the best interest of the City that no further add - on's,tap -in's or additions to the sewer collection system be permitted outside the corporate limits of the City of Okeechobee. 2 The prohibitions contained in Section 1, herein, shall not apply to the State of Florida, School for Boys now known as the Eckerd Foundation, nor public school system of Okeechobee County. 3. BE IT FURTHER RESOLVED that within the city limits of the City of Okeechobee, tap -on's consisting of less than one- thousand (1,000) gallons per day will be permitted upon proper written application to the Director of Public Works. Any apolication for