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519 Larry, Ralph and Ervin RucksORDINANCE NO. 519 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COM- PREHENSIVE 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 SPECI- FIED LAND FROM HOLDING TO INDUSTRIAL. 2 T5 NSF 1229 WHERE.'S, application has been duly male to change the zoning classification as hereinstated, and WHEF.ZAS, all public notices have been duly published according to law, and WHEP$AS, public hearings have been held as required by Appendix A, the Compre- hensive ",pning Ordinance of the City of Okeechobee, and W}—.FEAS after consideration of the requirements of the Comprehensive Zoning Ordi- nance and the land use plan of the City of Okeehcobee as set out in the City of Okee- chobt '_'onlr°ehensive Plan and further after consideration of the public's interest it is defy,: to be in the best interest of the City of Okeechobee to change the zoning class .:].cation of the land lying within the limits of the City of Okeechobee as here- in stated; c..ow therefore 5E I1 ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION L. That the following described real property is hereby rezoned from Holding to Industrial. Lots 1 -20, Block 6 and Lots 1 -20, Block 7, Northwest Addition to the City of Okeechobee. SECTION 2. That the application requesting this zoning change and proof of publication for any and all public hearings in connection herewith shall be attached to an become a part of this Ordinance. SECTION 3. The Zoning Administrator shall make the appropriate change on the city's zoning ❑=,r• in accordance with this ordinance. SECTION 4. This Ordinance shall become effective immediately upon its adoption. Introduced on first reading and set for public hearing thi loth day of September, 1984 ATTEST: Bonnie S. omas,CMC City Clerk City of Okeechobee Edward W. Dougl.s, Chairman City of Okeechobee Introduced and passed on second and final reading this 15t day of October, 1984. TTESI;; ' Bonnie homas, CMC City cle"I City of G <eechobee Edward W. Doug as, D.0 Chairman City of Okeechobee ATE EQUEST. #. LANNING BOARD OARD OF ADJUSTMENT & APPEALS EE PAID 1 ,10 .00 ENERAL NATURE OF REQUEST: UNIFORM LAND NOTICE SENT ` `ADVERTISEMENT HEARING DATE CLOSING DATE USE APPLICATION Rezone of Land Zoning Ordinance Change Appeal of decision of Zoning Administrator D. E. F. Variance Special Exception Other OTICE: PAYMENT OF FEE MUST ACCOMPANY THIS APPLICAT N 11��11 t (A S 1 ..�1 �/ t.ex t t i OWNERSHIP. (land deed, tax receipt, etc.)S Full name of owner of property • Name of applicant if other than owner TH $4200F OF Relationship to owner: agent; . Mailing address for notification 4 �'O .S ( 1 A v- c -t12/Te1ephone attorney # r3 Ina 3274 Legal description of property involved (as found in official Attach additional sheets if er � ry. l� — Zo L,� A N t p `rt- +� C� y Lvc L. AtibN '`o CcT records: ©`4 Q,< Street address and /or descriptive location of property: REZONE OF LAND `A.1-i LA MI `S O t\l ` -Ne J c Proposed change Zoning Classification from 2. Are there improvements on the property 3. How is the property being used at this \-122z, S' -s.(i ACIe-t AL law 14 at this time? time? No 4. Would any present use of the property be considered a violation of Zoning Ordinan e 402, or any other Ordinance of code of the City of OkeeChobee? p If yes, please state nature of the violation: 5. Do you wish Board and t 6. Have you wi special exc property de please stat above), the to appear and make a presentation before the Pl anni g he City Council at the necessary public hearings? 3 , thin the last year made any application for any variance, eption, or zoning change which iicyluded any or all of the scribed in paragraph 4 above? ('4O If the answer is yes, e name such application was filed under (if different from date and nature of such application: I hereby certify that I am the legal owner of the above described property or that I am the attorney or agent of the legal owner. I further certify that the above answers and information on this application are true and correct. Sign CITY COUNCIL Dr. Edward Douglas, Mayor Jim Knight, Sr., Vice Mayor COUNCIL MEMBERS Oakland Chapman Dowling Watford, .Ir. Oscar Thomas CITY ADMINISTRATION J. Mallette Westbrook Du, of f iencral Sereic•es 813- 763 -7292 Richard C. Fellows City Administrator 813-763-4116 Bonnie Thomas City Clerk 813- 763 -3372 Landon C. Fortner, Jr. Dir. of Public Works 813- 763 -7054 Larry Mobley Chief of Police 813-763-5521 L. Keith Tomey, 11 fire Chief 813-763-1423 CITY OF OKEECHOBEE CITY HALL 55 S'OUTI E`A5T''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: September 4, 1984 RE: Rezoning request btu Larry, Ralph and Ervin Rucks to rezone lots 1 - 20, Block 6, and Lots 1 - 20, Block 7, Northwest Addition to the City of Okeechobee from Holding to Industrial. These lots are to be used for the feed plant in connection with the Bio- chemical plant. REQUEST: Rezoning to enable a Bio - chemical plant on this property. DISCUSSION: No objections were voiced. ACTION TAKEN: Board members reviewed the sixteen requirements with no objections to the findings. Member Altobello moved to recommend to the City Council to grant the rezoning request from Holding to Industrial. 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 from Holding to Industrial and to amend accordingly the Comprehensive Zoning Ordinance #402, the following described real property, situate, lying and being within the corporate limits of the City of Okeechobee, Florida, to -wit: Lots 1 thru 20, Block 7, Northwest Addition and Lots 1 thru 20, Block 6, Northwest Addition to the City of Okeechobee and that a public hearing in relation thereto will be held at 7:00 P.M. on the 4th day of September, in the City Council Room, City Hall, Okeechobee, Florida, at which time all parties in interest and citizens shall have an opportunity to be heard. PLEASE GOVERN YOURSELVES ACCORDINGLY. Mallette Westbrook Planning and Zoning Administrator City of Okeechobee PUBLISH IN THE OKEECHOBEE NEWS: August 8, 1984 Posted on property September 8, 1984, by Building Official, Mallette Westbrook. Additional information may be obtained by calling 763 -7292. CITY COUNCIL Dr. Edward Douglas, Mayor Jim Knight, Sr., Vice Mayor COUNCIL MEMBERS Oakland Chapman Dowling Watford, Jr. Oscar Thomas CITY ADMINISTRATION J. MaBette Westbrook Dir. of General Services 813 - 763 -7292 Richard C. Fellows City Administrator 813-763-4116 Bonnie Thomas City Clerk 813- 763 -3372 Landon C. Fortner, Jr. Dir. of Public Works 813- 763 -7054 Larry Mobley Chief of Police 813- 763 -5521 L. Keith Tomey, 11 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 August 15, 1984 Larry, Ralph and Ervin Rucks 410 S.E. 16th Avenue Okeechobee, Fla. 33472 CERTIFIED MAIL 11 P508777741 RETURN RECEIPT REQUESTED NOTICE OF REQUEST FOR REZONING Please take notice that a public hearing will be held before the Planning Board of the City of Okeechobee, Florida, on September 4, 1984, at 7 :00 o'clock P.M., in the City Council Room at the City Hall to consider the rezoning of property as follows: Lots 1 to 20, Block 7 and Lot 1 to 20, Block 6, Northwest Addition to the City of Okeechobee from existing classification of Holding to Industrial. Please supply us with proof of ownership (i.e. Deed, Tax Bill, etc.), a survey and a plot plan prior to the scheduled meeting. Additional information may be obtained by contacting the Building Department office at the City Hall or bu calling 763 -7292. /bc xc: Phil Berger Sincerely, Beartice Castorina Planning Board Secretary • L I.,c. /V N. ti/%1'0," ro. -Y •. • / 7 (I • • t 1MAINTENANCE BUILDING BOILER BUILDING e, \ 0 0 0 O 0 I ` _p_set 0- --a-317:39'� ,S 7111 - 5 -r,'2- F T • £"x=r- Eton/ ..0 C. 3 57.—S o —� VI Y I cti I n iIy I1i 63 o.0D• �T -By�5 4s'I- J o o_ J 0 kJ V 0 1 v $ Commencing at the intersoction of the northerly right of way line, of the Seaboard Coast- line Railroad with the East boundary line of Section 17, Township 37 South, Range 35 East; thence run North 00 08' 15" hest along the East boundary line of said Section 17, for a distance of 1099.53 feet to a point; thence run South 88° 03' 15" West parallel with the northerly right of vay line of the westerly extension of 15th Street, for a distance of 630.30 feet to a point; thence run South 0° 08' 15" East parallel with the East boundary of said Section 17, for a distanco of 1079.27 feet to a point on the aforesaid northerly right of way line of the Seaboard Coastline Railroad, thence run North 89° 54' 45" East along right of vay line 630.00 feet to the Point of Beginniag LESS right of way for 15th Street extension, and LESS the East 30 feet of the above dea-- cribed property lying South of 15th Street, lying in and comprising a past of Section 17, Township 37 South, Range 35 East, .an( containing 13.90 acres, more or less. Subject to existing rights of.vay for StatE e and vJ County roads. Surveyed by Lcon H. Willis County Surveyor Okeechobee County, Florida CERTIFICATE 1358 June 20, 1969 _ -- - Updated and Recertified 6 -23 -83 to: Consolidated Bank, N.A. Title Insurance Attorney's Fund • I HEREbY CERTI:•'Y THAT+ CONSTRUCTION OF ALL IUILDINOS OF HECTOR FEED i:I L ARE COI•:PLETED, AND MILL 1S NOW IN OPERATION. FEF,RUARY 20, 1970 135 �c (/4 ,r.J4'G _ L,1 r r.Tc IASSESSMENI = 021161 -000- 1 PARCEL = i- 16- 37 -35- 0160 -00010 -0010 1983 REAL ESTATE REMINDER TAX NOME :FQR, LKEECH+�i$E CGUNTY 'X-TYPE ' GOO w,. 00 I1 Zz 7. 416-t? e, ; :st /N xeMES`1EYlE032jt• - OK /3000UNTY 94 SCHOOL • 9 '• LITY S FWM U ••• Tl1IAL • • • • PR01 -APR20 AFTER "APR20 :, 2 3 6.74 r 2491194 MAKE CHECKS PAYABLE 1:13;' EON ALDERMAN TAX :COLLECTOR 304 W SECOND STREET OKEECH()BEE,FL 33472 ASSESSED VALUES VALUE 11.432 TAXVAL 11, 462 RUCKS MARCELL'A,ERV1'N,MARY T11rr1,, g RUCKS LARRY 41 BElygl'LY S /t1 ' ros fT A C a g -OKEECHOBEE F L 33472 NORTHWEST ADD' T N L OCK S ' 1 TO LOTS 1 2 3 18 19 $ 761 - 2 110 rn IF THE TAXES FOR THE'YERR' i:51161 C3N8YdUR R 1PE'ik'`lETi'ARE 'NOT PAID A TAX CERTIFICATE N ILL 'BE "SOLD 'FOFR'-71-1E'SE TAXES (PLEASE TURN OVER) THIS TAX NOTICE BECOMES A RECEIPT WHEN VALIDATED BY TAX COLLECTOR �13�-1 /i e O 7�/j / / � SAO �O O��G�005 �/7� 7Soel/V.1 ":7 ?c 3S-- „FaJ.7 ' ¢s..w oVo 4_ 2, 2, 7 a .S'o/d Sao 6oQ. o"?.- o ja co ��c , _!i {�cc ,�--� mot/ p`o 6 a v-, - _ - - S ,/47' o / o fr.. 3-3 /— / 1 / ?; j CY” �O 470 v v y /J� T /lr�l i s C r. 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WILLIS COUNTY SURVEYOR OKEECHOBEE COUNTY, FLORIDA FEBRUARY 2, 1968 X.1,4 56 44 / /n /G /! _ oo' 17 • CITY COUNCIL Dr. Edward Douglas, Mayor Jim Knight, Sr., Vice Mayor COUNCIL MEMBERS Oakland Chapman Dowling Watford, Jr. Oscar Thomas CITY ADMINISTRATION Richard C. Fellows City Administrator 813- 763 -4116 Bonnie Thomas City Clerk 813- 763 -3372 Landon 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 J. Mallette Westbrook Dir. of General Services 813- 763 -7292 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 October 19, 1984 Messrs. Larry, Ralph & Ervin Rucks 410 Southeast 16th. Avenue Okeechobee, Florida 33472 Gentlemen: This is to advise, the City Council in regular session assembled, the 15th. day of October 1984, granted your petition for rezoning of Blocks 6 and 7 Northwest addition, from Holding to Industrial zoning. At the same time the zoning was approved, the Council provided that construction, on the property, must begin within one year and be completed one year after that. Please be sure to contact the City Building Department for all the necessary permits and licenses. Sincerely yours, OF OKEECHO BE 4n l�J Richard C. Fellows City Administrator f xc: "General Services Director Westbrook City Clerk Thomas e REGULAR MEETING SEPTEMBER 4, 1984 The Planning Board /Board of Adjustments and Appeals met in regular session on Spetember 4, 1984, at City Hall in the Council Chambers, Okeechobee, Florida at 7:00 P.M. Member present were: Brenda O'Connor, Frank Altobello, and Darrell Ferneau. Members Jim Wright and Lula Worthen were absent. Others present were: Building and Zoning Adminstrator, Mallette Westbrook; Attorney David Conlon; 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 correction or additions to the minutes, member Altobello moved the minutes of July 24, 1984 meeting stand approved as presented. Seconded by member Ferneau, Motion carried. ALTON AND EDITH LOUISE EVERETT- REQUEST FOR SPECIAL EXCEPTION Attorney John Cassels appeared before the board representing Alton and Edith Everett on a request for special exception for a parking lot on lot 7, Block 46, 1st addition to South Okeechobee. Mr. Cassels stated the Everetts purchased lots 1 and 7 as a parcel sometime ago and he has a fruit stand on lot 1 and is now asking for off - street parking on lot 7. He advised there will be no artificial lighting, no offensive noise of odor, there will be no structure on the property and there would be no problem with putting a buffer or fence on the property, also the business would be in day light hours. Mr. Westbrook asked if there will be an exit on S.W. 21st street or 2nd Avenue. Mr. Cassels advised there would not be an exit on 2nd Avenue and not at the N.W. corner of 21st street. It will be approximate 30 feet from 2nd Avenue allowing a 10 foot buffer. Madam Chairman O'Connor asked if the parking lot would be shell or paved. Mr. Cassel stated it would be shell. Madam Chairman O'Connor asked if there were any one in the audience opposing this request. Attorney Debra Pierce appeared before the board representing Ed Sizemore and Bob Phillips. She stated they were against the request for special exception. The board reviewed a partition signed by surrounding home owners and also some photographs showing the property view from the residence of Mr. Phillips and Mr. Sizemore. Phillip Berger stated he lives on Southwest 21st street and was against the request. Mr. Bob Phillips of Southwest 2nd avenue stated he was against the special exception request. Mr. Rick Sizemore of Southwest 2nd Avenue stated he was against the special exception. Mr. Ed Sizemore of Southwest 21st street stated he was against the special exception and that everyone in the community was against it. Discussion ensued. Member Ferneau asked Mr. Westbrook how many parking spaces are there now on the property. Mr. Westbrook stated without going and checking, he would say 10 spaces. Member Altobello stated he would like to see if there couldn't be a compromise worked out between the two parties because he thought the home owners had a legitimate complaint. Discussion ensued Member Ferneau asked Mr. Everett if he had taken a survey on the parking. Mr. Everett stated on weekends it has been over crowded and the road would get blocked. The board asked the attorneys if they wanted to recess and try to get a compromise on this request. The attorneys agreed to recess and try to work out a conpromise. After a five minute recess the Board of Adjustments and Appeals was called back into session. The next item on the agenda was heard at this time. { MARIE MARTIN - REQUEST FOR VARIANCE Marie Martin appeared before the board to request a variance to build a residence on lot 1, Block 12, Southwest Addition. The lot is 61.2 x 142.5 and has 8721 square feet of property. The minimum requirements are a 75 foot frontage and 10,000 square feet of property. Mr. Westbrook advised the setbacks would have to conform if the request is granted. Madam Chairman O'Connor called on anyone in the audience wishing to speak on the request. Colley White of 2906 S.E. 26th Steeet stated he had 8 lots in the same block and he didn't have any objections to Mrs. Martin getting her request, providing the board do the whole block. He stated if ha could get a variance on his lots, he had no objectio. to Mrs. Martin getting the variance request. After discussion member Ferneau moved to table this matter until next month to give Mrs. Martin and Mr. White time to work out a deal to purchase a lot from him. Seconded by member Altobello. Motion carried. J J ZAYTI - REQUEST FOR SPECIAL EXCEPTION No one was present to present the application request for special exception. Mr. Westbrook advised the board he had given Mr. Zayti a 30 day permit and advised him he had to go before the Board of Adjustments and Appeals for an extention on time. They did not return the application request until about three weeks ago. He stated the trailer has been there six months and he has been trying to get them to respond all this time. Mr. Westbrook recommends the board to deny the request, due to the trailer being there six months already. Member Ferneau moved to table this request until later in the meeting to see if any one would show up to present the application. Seconded by member Altobello. Motion cam ALTON & EDITH LOUISE EVERETT - REQUEST FOR SPECIAL EXCEPTION At this time, the Everett request for special exception was brought before the board. Attorney Cassels advised the board, an agreement have been made and the agreement was to cut the size of the request in half. To erect a 6' peg -wood fence along the South boundary line and continue the fence east to the alley for a buffer, also paint and main- tain the fence. To put in culverts as required and after business hours to put chains across the drive at the entrance and exit. To build a corral for the boxes. Mr. Cassels advised the board he would submit a new amended document to the board on the agreement. Discussion ensued. The board went over the findings for a Special Exception. Member Ferneau moved to grant the Special Exception with parking on the East one - half of 7ot 7 upon the,conditions said use will be limited to parking incident to the adjacent open air fruit and vegetable market upon compliance with the represation of fencing, culverts and security as presented. The use will terminate upon the non use of the open air market. For work to commence in 60 days and finish in 120 days. Seconded by member Altobello. Motion carried. ROBERT DELUCIA - REQUEST A CHANGE FOR RECREATION AREA IN RIVER BEND TRAILER PARK Mr. Delucia, owner of the River Bend Tailer Park, appeared before the Board of Adjustments and Appeals to request a change in the recreation area. Mr. WEstbrook stated Mr. DeLucia is appealing a decision made by him. Mr, Westbrook advised the board that last year Mr. Delucia came before the board asking to move the recreation area to lots 16 & 17, and at the time it seemed fit to so so. He stated he had a call for an inspectior at River Bend Trailer Park and when he got there a trailer was parked on lot 17 and he red taged it. He Stated he had told Mr. Delucia he couldn't put a trailer in there since it was the designated recreation area, which was moved from across the street last year. Robert Delucia advised the board Mr. Westbrook hadn't informed him this area was a designated recreation area, since the meeting of April 1983 until last week and he did inform him then. Mr. Delucia advised the board he wanted to move the recreation area from lot 16 to lot 10. Discussion ensue(. Member Ferneau moved to table this item until next month in order to get more information and measurements on this property. At this point, Madam Chairman O'Connor called on anyone in the audience wishing to input on this matter. SHIRLEY MCLEAD from River Bend Trailer Park stated when they bought into the park they were given a map with a designated recreation area on it, and wanted to know when it was going to stop being moved. WES UPHAM from the Okeechobee Health Department advised the board that chapter 10 -B -26 supported bra Florida statutes states no construction, extention, or alteration of a trailer park should take place before owner /operator has submitted complete plans of said park showing existing of both lay out and said plans for future improvements to the health department and this has not happened anytime since Mr. Delucia has taken over the park. He stated when Mr. Delucia took the park over he inspected it and there were 78 mobile home sites and 38 RV trailer lots. There are now 84 mobile home sites and 36 R V lots and he came by this by counting mail boxes and meter boxes and etc. PETE BEDULSKIS from River Bend Trailer Park stated when they bought in the park the recreation area was big and it is getting smaller and smaller. Mr. Westbrook suggested the board table this item until he could measure the recreation areas and have a site plan produced by Mr. Delucia at next meeting showing his recreation areas and dimension also a lay out of mobile home stands that are not occupied at this time. This would give an insight as to what is there, what he plans and what maybe put in the park in the future. Member Altobello so moved. Seconded by member Ferneau. Motion carried. J.J. ZAY7'I At this time the board recalled the application of Special exception for J.J. Zagti. After discussion and with no one present to present the application member Ferneau moved to deny the application upon recommendation of the Building inspector. Seconded by member Altobello. Motion carried. ADJOURNMENT There being no further business to come before the board member Ferneau moved to ad- journ. Seconded by member Altobello. Motion carried. Board of Adjustments and Appeals adjourned. 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 Altobello moved the minutes of July 24, 1984 meeting stand approved as presented. Seconded by member Ferneau. Motion carried. LARRY; RALPH AND ERVIN RUCKS - REQUEST FOR REZONING Phil Berger representing the Rucks family appeared before the board to request a rezoning of lots 1 thru 20, Block 6 and lots 1 thru 20, Block 7, Northwest Addition from Holding to Industrial. Attorney Conlon advised the board that in the past he has represented Larry Allen Rucks, but he does not represent him in this transaction. Mr. Berger advised the board, the industry to come into this area would be a feed plant. There were no objections to the rezoning request. The board went over the findings for a rezoning. Mr. Berger advised there would be no pollutions put into the environment and the proposed change would not creat traffic congestion. Member Altobello moved to recommed to City Council to grant the rezoning request. Seconded by member Ferneau. Motion carried. ADJOURNMENT There being no further business to come before the board member Altobello moved to adjourn. Seconded by member Ferneau. Motion carried. Meeting adjourned at 9:40 P.M. Brenda O'Connor Chairman Planning Board City of Okeechobee ATTEST: Beatrice Castorina Planning Board City of Okeechobee THERE IS A TAPE OF THIS MEETING IN IT'S ENTIRETY IN THE CLERK'S OFFICE. :i553 REGULAR MEETING MONDAY, OCTOBER 15, 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 Watford, Jr., Councilman Oscar Thomas, Councilman Oakland Chapmar\ Councilman Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney Lydia Jean Wilkerson, Deputy Clerk AGENDA ITEM // II & III - INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was offered by Director Fortner, followed by the Pledge of Allegiance. Chairman Douglas stated the Council would begin the meeting with Agenda Item / /VII since approximately 200 citizens were present to speak regarding the annexation issue. $4 -49 AGENDA ITEM / /VII - DISCUSSION BY THE COUNCIL RELATIVE TO ACRES WHICH MIGHT BE CON- SIDERED, BY THE CITY, FOR ANNEXATION Chairman Douglas stated that there had been a request for voluntary annexation north of the City, and he had asked the Administrator to give the Council some maps indicating certain other portions of property which might be considered for annexation into the City, which the Administrator had completed. Chairman Douglas further explained to the citizens present, that in order for any property to be annexed into the City a majority vote was needed, first by the City in favor of annexing and secondly, a majority vote by the property owners in favor of being annexed. If a majority vote wasnot cast in favor of the annexation - the City would not annex the property. Mr. Tony Miller addressed Council and stated, "Horne Properties, whoml represent, would like to build a shopping center at a site (441 South). We are looking for water and sewer, but we are prepared to put in a sewage treatment plant. It was not until this past week, that 1 knew about the possibilities of annexing. 1 found that out from the gentleman from the Palm Beach Post. We would like for the City to extend their sewer services outside the City limits, just like I requested in a letter that Richard Fellows received some time ago; also each member of the Council. We have no objections to being an- nexed ourselves. We do not take in any one but ourselves. We do not speak for any one else. We are not here to make enemies out of any one." Mr. Miller further stated that he received one response, from Councilman Watford, to his letter requesting the City look into the possibility of extending water and sewer to his property. Mr. Clyde Durrance addressed Council and stated, "We already have water down there (south of Okeechobee) the lines are there, the City has hooked that up. We know in order to get sewer, we have to be in the City limits. Mr. Miller made the statement a while ago that they were prepared to put in their own treatment plant, why don't they go ahead and put their plant in there and leave the other people alone. What this boils down to, the Government is created to help all the people, not just a few. This issue of annexing, taking sewer down south of Okeechobee. I'm not opposed to a man developing his property, I'm a 100% for him to develop it, but don't develop it at the expense of other people. If Horne Properties goes in and developes it, I've no objections. Go ahead and put your central sewer system in. I own a trailer park, as most of you know, Town -N- Country Mobile Home Park. My wife and I built that and put that in myself, paid for it myself. Can't Horne Properties afford a central sewer system? Like I say, if a fellow wants to develop it, thats alright, but when the issue takes monies away from the people that cannot afford it, then 1 am against it. We have people in this area, east, west and south, they are living on social security, and a fixed income. They came to Okeechobee, they went out in the County, they got their living set to where they can live now, but if you go and expand the city limits, you are going to take away their living to where they can not even pay their bills. We have a lot of them, just look at the retired people here tonight. If the government is going to help the people, let them help all the people, and not just a select few. The issue of anenxation does not need to be put on referendum as you can see from the people here tonight, let the issue of annexation die tonight." Ms. Lorraine Rubenecker addressed Council and stated, "I live in Town -N- Country, a year around resident, on a fixed income and we have a petition here with a 132 signatures from people in our park that object to being annexed into the City limits ". Ms. Rubenecker submitted the petition to the City Clerk for permanent record. Mr. Layne Adkins stated, "I live in Ousley Estates with 81 lots and people, and 99% of the people there are against it (annexation). Mr. Adkins submitted a petition to the City Clerk for permanent record from Ousley Estates residents. Chairman Douglas explained to the audience that Mr. Miller of Horne Properties did not request annexation, he only requested the City consider allowing Hs property to be attached to the City's water and sewer. Councilman Watford stated, "I think its unfortunate although I don't agree with the way the article appeared in the paper, because I had no idea of what areas we were talking about. We had just dis- cussed that this was a possibility and of course it is a possibility. But we are not to the stage yet to where we are having a public hearing on anything as far as I know and if in fact we do decide that we do want to try to annex certain areas, there is a very lengthy process that has to be followed. We are nOt going to annex anything tonight or the next meeting. What the people here need to realize is that if in fact, and I'm not saying we are because we haverlt even talked about it yet, everybody here has been talking but we(the Council) haven't talked about it. If in fact we do say we do want to annex, the best solution that 1 know of will be the election. If you are in an affected area you will have the opportunity to vote on it. That is what our whole system in founded on. The majority rules." Mr. Parker addressed Council stating that he was opposed to the annexation. Mr. Sam Farrell addressed Council and asked what the City would do concerning his cattle on his property south of Okeechobee if it was annexed. Would the City leave the property zoned agriculture as it presently was? Chairman Douglas answered that the City would leave the property as it was, agriculture. As far, as state requirements for dairies - this would still be up to DER and EDA. Mr. Johnny Louthan addressed Council stating, "A large portion of the property to be annexed to the south of Okeechobee is pasture property. I am requesting the City not annex such a large portion of property at a time. Also,as this area grows, you are encroaching on pasture land and 1 can tell you right now the population, the City procedures, rules and regulations and restrictions that have gone through the other counties in the State of Florida, agriculture and your city procedures are not _compatible." Chairman Douglas explained that the City would not annex all of the different portions of property at one time. The City was only discussing different portions of property for possible annexa- tion, the City would have to consider the different expenses the City would incur such as Police pro- tection, fire protection, street paving, sewage, street lights, etc. These were just areas and ideas at this time. Councilman Thomas stated, "Mr. Chairman, 1 think we have people here that do not understand the problem, I think, we have the north part of the City - where we are going with the sewer. I would like to make a motion that we concentrate on the north part of the City and delete the east, west and s outh portions ( for consideration at this time) ". Chairman Douglas asked if there was a second to the motion. Councilman Chapman stated, "I'll make the second on that, but before I do I would like to presenf this petition from Bet -her Acres with about 40 signatures. 1 would have gotten everyone if I would have had time. I'll second the motion (against annexation of Bet -Her Acres) ". Councilman Chapman submitted the petition to the deputy clerk for permanent record. Councilrnan Watford asked Councilman Chapman, "Did you collect those signatures yourself ?" Councilman Chapman answered, "Yes, do you remember two weeks ago when I said that I didn't think the people wanted this, and Mr. Fellows said that he had some people approach him requesting annexation? I told him, well I could be wrong - When I say, well I could be wrong, I want to go find out, go door to door and talk to the people. I don't want someone else to answer it for me." Councilman Watford stated, "Mr. Chairman, may 1 ask a question? I would like to ask the administrator, (concerning Bet -Her Acres) what would happen to their water system if we were to annex them into the City. Would we have to condemn that system ?" Administrator Fellows stated that he felt that was a legal question and asked the attorney to answer. Attorney Conlon answered that it could be grandfathered in, but yes, it could be condemned. Bet -Her Acres resident, Charles Robertson, addressed Council stating his opposition to being annexed into the City. He stated that living in Bet -Her Acres you might have to pay a little more for the water, they have paved streets, they are only a couple of blocks outside the city limits, there- fore, the Police and fire protection were alright and the majority of Bet -Her Acres was satisfied. What more could the City offer them, except for higher taxes? Chairman Douglas asked if there was any further discussion from the Council on the motion on the floor. Councilman Knight stated, "1 would just like to say that 1 think all of this was uncalled for, to- night anyway, as far as all of the people coming up here tonight. 1 think that it never was intended to be what maybe you read and what you heard. We will bring up a lot of things for discussion, just trying to figure out things. I just think it got sort of out of proportion, what you heard, the rumors you heard. Chances are you would not have even had to come up here anyway." Councilman Thomas called "Question ". Chairman Douglas asked for a vote on the motion. Councilmen Thomas, Chapman and Knight voted I. Councilman Watford voted No. Chairman Douglas stated that he would vote No, also, because he felt there was a small portion of property on the south of the City limits, which he felt needed to be considered. Motion then carried. Chairman Douglas recessed the meeting for five minutes at 7:45 P.M. Chairman Douglas called the meeting to order at 7:51 P.M. Councilman Watford stated, "For the record, the vote that was just taken, 1 would like to say that there are some more areas that are legitimate and perhaps should be considered for annexation than just the north of the City and that is why I voted against the motion." Chairman Douglas stated these were his feelings also. 84 -50 AGENDA ITEM 1tIV - APPROVAL OF THE MINUTES OF THE BUDGET WORKSHOP MEETINGS, AUGUST 28, 29, SEPTEMBER 6 AND 25TH; REGULAR MEETINGS SEPTEMBER 10TH, 17TH AND OCTOBER 1, 1984 Chairman Douglas called for any additions or deletions to the minutes. Councilman Watford stated that on September 10th, 1984, page 8, on the vote on the motion to deny any increase in the public service tax, the votes should read that Councilmen Chapman and Thomas voted for the motion, and Councilmen Watford and Knight Voted against the motion. Chairman Douglas voted against the motion also. Therefore the motion was not carried. There being no further corrections, additions or deletions, the minutes were approved as pre - sented. 84 -48 AGENDA ITEM #V - FINAL READING OR AN ORDINANCE PROVIDING FOR A FINE FOR PERSONS ILLEGALLY PARKING IN SPACES PROVIDED FOR THE HANDICAPPED Chairman Douglas read the ordinance by title only as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA: AMENDING CHAPTER 11, ARTICLE 1 TO ADD A NEW SECTION 11 -22, PRO - VIDING FINES FOR ILLEGAL USE OF HANDICAPPED PARKING AREAS; PROVIDING AN EFFECTIVE DATE. Administrator Fellows stated that County Judge Connors stated he had some additional wording that he would like to add before the ordinance was finalized. Attorney Conlon statedthat he also wanted to change a few things in the ordinance before it was finalized. Chairman Douglas asked if it was agreeable with Council for the final reading to be advertised and set for the meeting of Novemebr 5, 1984. Council members agreed. :3:5S Chairman Douglas asked for public comment. Mr. Rucker Wilcox asked Council members why the ordinance was not finalized. Council explained there was some language that needed to be corrected before the ordinance was finalized. 84 -28 AGENDA ITEM / /VI - PUBLIC HEARING ON A PETITION TO REZONE BLOCK 6 AND 7, NORTHWEST AD ITION, FROM HOLDING TO INDUSTRIAL, RUCKS, FOR A BIO CHEMICAL ETHANOL PLANT Chairman Douglas read the ordinance by title only as follows: 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 PRO- VIDES FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF; PRO - VIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM HOLDING TO INDUSTRIAL. 84 -13 Lots 1 -20, Block 6 and Lots 1 -20, Block 7, Northwest Addition to the City of Okeechobee. Chairman Douglas asked for public comments. Citizen Andy Rubin questioned the lots being annexed. Chairman Douglas answered Lots 1 -20 of Block 6 and lots 1 -20 of Block 7. Council members discussed the rezoning. Councilman Watford stated, "I know that in the past when the Planning Board recommends or re- quests that a zoning be granted, many times they specify what this particular parcel of land will be used for and many times they put a time limit on it. Is there merit of that in this case since apparently that project has notgene through or maybe it will not go through? Once it is zoned industrial, anything in the industrial category could be put there and that is what concerns me." Council members discussed the possibility of including a time limit on the passing of the rezoning. Mr. Rucks stated that it was alright with him for a time limit to be set for the completion of the Bio Chemical Ethanol Plant. !Councilman Watford made a motion that the ordinance be amended to include "Another section" or That the zoning be changed conditional upon construction in accordance with the plans that were submitted to the Planning Board, that construction be started within a one (1) years' time and completed within one (1) years' time, and if these conditions are not met the zoning will revert back to holding ". Councilman Thomas seconded the motion. There being no discussion, the motion carried. Chairman Douglas stated that action could now be taken on the amended ordinance. Councilman Watford made a motion that the ordinance be approved as amended. Councilman Knight i seconded the motion. Councilman Watford thanked Mr. Rucks for agreeing to the amendments. Motion carried. AGENDA ITEM / /VIII - DISCUSSION BY THE COUNCIL CONCERNING THE PROPOSED BUILDING EXPANSION OF THE LIBRARY Chairman Douglas stated the next item on the agenda was discussion by the Council concerning the proposed building expansion of the Library and opened the floor for discussion. Councilman Knight suggested the Library get with the Chamber of Commerce and discuss the parking situation and building expansions, then have them get back with the City. Chairman Douglas asked if this was agreeable with the Council. Council agreed. AGENDA ITEM #IX - CONSIDERATION BY THE COUNCIL OF A REQUEST FROM BROOME, VAN - OSTRAN TO REVISE APPENDIX A OF THE ENGINEERING /CONSULTING CONTRACT TO INCREASE RATES FOR SERVICES BY 5% AND TO INCREASE THEIR MULTIPLIER, FOR OVERHEAD AND PROFIT, FROM 1.4 TO 1.59 TO CONFORM WITH THE CONTRACTS ON THE WASTEWATER TREATMENT PLANT AND COLLECTION SYSTEM • Chairman Douglas stated that the request from Broome Van Ostran on revising Appendix A of the Engineering /Consulting contract to increase rates for services had been postponed, at the request of Councilman Thomas, to give the attorney time to research whether or not the City should request bids. Attorney Conlon stated that he could not find, in his researching, a case that was exactly the same as ours, but he felt for the City's safety, we should go through the bidding process (the competitive bidding process), with other consulting engineers.