Loading...
1999-04-2070z t�#1 ,* 0 EjrC- r 0 qb IOr I. CALL TO ORDER: - Mayor: April 20, 1999, City Council Regular Meeting, 6:00 p.m. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Mayor Kirk called the April 20, 1999 Regular City Council Meeting to order at 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend J.P. Ziegler; Council Member Watford offered the invocation; Pledge of Allegiance led by Mayor Kirk. III Mayor Kirk led the pledge of allegiance. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Ill Deputy Clerk Gamiotea called the roll: Mayor James E. Kirk Present Council Member Noel A. Chandler Absent Council Member Lowry Markham Present Council Member Robert Oliver Present Council Member Dowling R. Watford, Jr. Present City Attorney John R. Cook Present City Administrator Robert J. Bradshaw Present City Clerk Bonnie S. Thomas Absent Deputy Clerk S. Lane Gamiotea Present V. MINUTES - City Clerk. PAGE 1 OF 7 A. Motion to dispense with the reading and approve the Summary of III Council Member Markham moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the Regular Meeting of April 6,1999. Regular Meeting of April 6, 1999; seconded by Council Member Oliver. Discussion: None. VOTE KIRK - YES CHANDLER - ABSENT MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. APRIL 20,1999 - REGULAR MEETING - PAGE 2 OF 7 703 VI. AGENDA - Mayor. A. Request for additions, deferrals or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. Mayor Kirk asked whether there were any additions, deferral's or withdrawal's of items on today's agenda. None were stated. Mayor Kirk opened the Public Hearing at 6:05 p.m. A.1. a) Motion to read by title only, proposed Ordinance No. 728 Rezoning Council Member Watford moved to read by He only proposed Ordinance No. 728, Rezoning Block 71 from Residential Block 71 from Residential General 2 to Industrial - City Attorney General 2 to Industrial; seconded by Council Member Oliver. (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YES CHANDLER - ABSENT MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 728 by title only. Attorney Cook read proposed Ordinance No. 728 by title only as follows: gAN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RG-2, MULTI -FAMILY RESIDENTIAL DISTRICT TO I, INDUSTRIAL DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE". 2. a) Motion to adopt proposed Ordinance No. 728. III Council Member Oliver moved to adopt Ordinance No. 728; seconded by Council member Markham. b) Discussion. Discussion: Mayor Kirk asked whether there was anyone present from the public that wanted to addressed the Council in regards to this issue. There was no public response. Council briefly discussed the location of this property and the surrounding zoning. Planning Consultant, Judith Thomas of LaRue's Office was present to respond to those questions. c) Vote on motion. VOTE KIRK - YES CHANDLER - ABSENT MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 70y APRIL 20,1999 - REGULAR MEETING - PAGE 3 OF 7 CLOSE PUBLIC HEARING - Mayor. III Mayor Kirk closed the Public Hearing at 6:10 p.m. VIII. NEW BUSINESS. A. Consideration and approval of the Street Maintenance Program Administrator Bradshaw began by explaining to the Council that during the budget workshop it was decided to group section of the Fiscal Year 1998-99 Public Facilities Improvement all of the streets together and bring them before the Council for discussion, which is what they are doing tonight: Fund Capital Outlay - City Administrator/Public Works Director (Exhibit 2). 1. Southeast a Avenue, estimated cost $137,200.00. Staff is recommending this street be pulled this year, there are two test ships on two different driveways in place now and it requires about a eight to nine month evaluation period to see how they hold up, how drainage routes go and everything else that goes in there. Northwest 71h Avenue from North Park Street to Northwest 2"1 Street, estimated cost $14,000.00. This is for an overlay only. Council noted that this was an area that badly needed the overlay. 3. Southwest 61h Avenue from 19'h to 21" Street, estimated cost $16,800.00. This is for an overlay only. 4. Southwest 15'h Street from 3`d to 51h Avenue, estimated cost $19,800.00. This is for an overlay only. 5. Southwest 6� Avenue from 2Id to 4t1 Street, estimated cost $14,000.00. Council noted that this street was not that bad and it could be put off until next year's budget. 6. Northwest 1 r Street and 1 T Avenue, estimated cost $54,400.00. Administrator Bradshaw explained that this was going to be the proposed industrial park that Walpole was going to develop and he approached the City about putting the infrastructure in as far as the streets and curbs, since the initial deal fell through there is not a need for that at this time. Council will consider deleting these streets from the list. Southwest 121h Avenue from North West Park Street, South to 2nd Street, estimated cost $18,000.00. Administrator Bradshaw noted this was the street next to Johns Auto Electric. The general consensus was this needed to be paved and guard rails installed. Public Works has located a company where the City can purchase used rails for this project to keep the cost down. 8. South Park Street, mill and overlay center lanes of downtown district only, estimated cost $42,000.00. Council Member Watford asked if the City had adequately addressed the drainage problem along this street. The Administrator answered, no, but when this goes back to the engineers that is going to be in the City's request for them to look at what can be done to alleviate the problem areas. APRIL 20,1999 - REGULAR MEETING - PAGE 4 OF 7 705 VIII. NEW BUSINESS CONTINUED. A. Consideration and approval of the Street Maintenance Pr 9. Northeast 2"d Street from North Parrott Avenue, East to 41h Avenue, mill and overlay center lanes only, section of the Fiscal Year 1998-99 Public Facilities Improvement estimated cost $21,500.00 � Fund Capital Outlay continued. 10. Southwest 2' Avenue between Southwest W and 16' Streets. A cost estimate will be done on this street once Council determines how they want this street paved. There are three options being presented. The First is to just pave the street. The Second is to pave the street and install curbing on the West Side only. The Third Option is to pave and curb both the East and West sides of the street. Following a lengthy discussion, of item 10 above, Council decided to go with option one at this time. If this generates a lot of traffic, and the Council deems it necessary the City can go back later and add the curbing. Administrator 11 Bradshaw added that this would help in the realignment of Southwest 161h Street in the future. Council Member Markham requested to add Northwest rh Street from Northwest 41h and 51h Avenues. He explained the property owners approached him wanting to know why all of 71h Street is paved except that one block in the middle. He checked and it was not on the long term street program. He requested that it be added for this year. Administrator Bradshaw was requested by Council to research the cost estimates to add this street and Southwest 2nd Avenue, delete numbers one and six above from the list and present it again to the Council for final approval. B. Consideration of the purchase of "Jaws of Life" for the City of Fire Chief Tomey made a presentation on behalf of Council Member Chandler, regarding the possibility that the Fire Okeechobee Fire Department - Council Member Chandler. Department may not have all the necessary rescue tools it needs. He submitted to the Council a request for approval for the purchase of two sets of "jaws of life." The Chief outlined several ways the rescue tools can and would be used. He then continued to explain there are two types of pumps available that come with the tools, one is a Hurst Type. This was the original rescue tool until TNT and others have spun off of Hurst, modified it, but they all work on the same principal. The Champion tool uses a Kawasaki Unit. On the cost comparison, Hurst Type Equipment is estimated $13,180.00, it also requires a maintenance agreement. The Champion Tool is $13,685.00 a maintenance agreement is not necessary and it is guaranteed for ten years, they do not repair their tools, they send you a new one. Mr. Chandler was requesting the purchase of two of the tools. Two of them would make it a lot easier in case you had a problem with one of them or in case you had an instance where you wanted to cut one and spread with the other. Or if you had two instances like in case of a hurricane and you had people trapped in two different areas of the community. One could always serve as a back-up unit 70hAPRIL 20,1999 - REGULAR MEETING - PAGE 5 OF 7 VIII. NEW BUSINESS CONTINUED. B. Consideration of the purchase of "Jaws of Life" for the City of Council Member Watford asked how many units does the County have. Chief responded they have three. Council Okeechobee Fire Department continued. Member Markham asked if we had one unit and there was an emergency and they have three we could use one of theirs or vice versa. Chief answered yes, and he thought what really caught Council Member Chandler's attention on this was he assisted at a call on Highway 441 North and the County's tool broke. They had to bring it back and fix it. Meanwhile, a lady was trapped in her car over an hour. The County's other two tools were also being fixed because of how busy they have been. They turned to us and asked if they could use the City's rescue tool and we had to tell them we did not have one. Chief Tomey further explained that Council Member Chandler was recommending purchasing two Champion Tools for a total of $27,370.00. That the money could come from the interest that has been generated from the "true -up" money for the emergency fund. Finance Coordinator advised them that in 1995/96 it generated $19,500.00 in interest, the only thing paid for out of that fund was $2,641.00 for Mr. Bennett's services, leaving a balance of $16,850.00. In 1996/97 it generated $23,401.00 with again $2,780.00 for Mr. Bennett, leaving a balance of $20,621.00. The fund has made in two of the three years $37,480.00 in interest only. The exact amount of interest earned for the 1997/98 fiscal year could not be given at this time. The Council can also choose to lease the equipment at an interest rate of 5% percent. Council discussed the proposed purchase at length. Mayor Kirk and Council Member Watford felt the items should be placed in the next budget year. Mayor Kirk pointing out thatthis is the second time in this budget year amendments have been presented. He cautioned getting away from the budget process, stating we need to get the word out to stop this on the budget, get back with capital outlay and live with it. The City is also beginning negotiations with the County in regards to the Fire District Study and no one knows where that is headed. Council Members Markham and Oliver commented they agreed in regards to the budget process. However, they felt the Council could approve the purchase of one now and one in the next budget. Council Member Watford moved to table. Mayor Kirk called for second three times. Motion died for lack of second. Council Member Markham moved to purchase one set of the rescue tools from Champion in the amount of $13,685.00; seconded by Council Member Oliver. Council Member Watford questioned if the item would need to be bid out first. Motion and Second was withdrawn. Chief Tomey was instructed to let the rescue tool out for bid and bring back to the Council. VIII. NEW BUSINESS CONTINUED. C. Update regarding Melland Litigation - City Attorney. D. Update regarding Brantley Code Violation - City Attorney (Exhibit 3). APRIL 20,1999 - REGULAR MEETING - PAGE 6 OF 7 Attorney Cook advised the Council that a trial is setfor May 4 and 5, 1999 regarding the Melland Litigation. There is still a chance for a settlement, but if one is not reached, the City is prepared to go to trial. Attorney Cook explained that the Code Enforcement Board has recommended that the City Council take all available enforcement methods under Florida Statute 162 to enforce the lien placed on Mr. Brantley's property located at 1905 South Parrott Avenue. The fact of the matter is the property has been in violation since 1978. When the City adopted the gorange book" (Zoning Ordinance), Mr. Brantley's property at that time was a Non -Conforming Use and any expansion of that use was prohibited under the ordinance. As you know over the years Mr. Brantley has increased it both in size and volume substantially and the City basically has made token efforts in the past to address that The real logistics of the violation and complaint of the Code Enforcement Board is that within the sixty days that Mr. Brantley requested at the hearing, he was to move every bit of stuff from the roadway and put it behind the fence at least thirty feet and modify the fence so that it was opaque in some manner so that you could not observe that stuff as you drove past on the highway. The Code Enforcement Officer checked on the property at the end of the sixty days and it was not in compliance, therefore the fine started running. Attorney Cook continued, the only purpose for being on the agenda tonight is to let the Council know what the Code Board has recommended. There are two practical ways to enforce a lien and that is, by foreclosing on the property; or while its not considered a judgement like being sued in court it can be collected like a judgement. The first step before any decisions are made would be to conduct a lien search on the property. He has already contacted a firm to begin that process. This search will show exactly what mortgages, liens, judgements, debts of any nature would be against the Brantley property because you have to have that information before you can even make a decision to foreclose on the property. He stated that he should have that research completed in time for the next meeting. Attorney Cook cautioned that foreclosure is an extreme remedy but that the Council did have a third option and that is not do anything, let the fine run. The fine is kind of a lien that runs with the land, if Mr. Brantley were to ever sell the property the new owner would be obligated to pay that fine, whatever the amount was at that point and time. � 7 !©O APRIL 20,1999 - REGULAR MEETING - PAGE 7 OF 7 VIII. NEW BUSINESS CONTINUED. D. Update regarding Brantley Code Violation - City Attorney (Exhibit Property Owner, Marvin Brantley addressed the Council regarding his property and violation explaining that on the sixty- 3). fourth day he requested someone from the City come out to his property. The Code Enforcement Officer came and also Council Member Chandler stopped by, both acknowledged he was "ninety-nine percent" done. He advised he did not hear from anyone else until he heard on the radio that a fine had been placed on his property. He drew the conclusion that it did not matter what percentage he was, that no matter what he did as long as he owned the property and the property was next to WalMart and he was standing in the way of progress that he could never satisfy anybody. He then admitted that right or wrong he fork- lifted everything back outside and he went right to waiting on his customers. He then showed pictures of his property that he had cleaned today. Discussion regarding the clean up of Mr. Brantley's property continued. Mayor Kirk recommended that he and Attorney Cook make an appointment to go to Mr. Brantley and explain to him specifically what must be done to bring his property into compliance and resolve this issue. Mr. Brantley agreed. Council clarified to Mr. Brantley that this does not eliminate the lien on his property and that he would have to go back to the Code Enforcement Board to address that issue. Mr. Brantley stated he understood and appreciated everyone's time. IX. ADJOURN REGULAR MEETING - Mayor. III There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:55 p.m. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be ba��r+ i ATTEST: BONNIE S. THOMAS, CMC CITY CLERK City Council APRIL 20, 1999 Meeting - Handwritten Minutes CALL TO ORDER: `)`Y1 hq,-t f i�' IL City Council Regular Meeting April 20. 1999 at 6-,I- t rl 17 m_ II. OPENING CEREMONIES: Invocation offered by _T')Mfk)h11� Pledge oFAllegiance led by Pi�al�K(V .Y_ Ill MAYOR, COUNCILANDSTAFF ATTENDANCE PRESENT ABSENT Mayor )ames E. Kirk �! Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver ✓ Council Member Dowling R. Watford, )r. �1 City Attorney )ohn R. Cook City Administrator Robert). Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea V. MINUI-ES - City Clerk. A. Council Member--C moved to dispense with the reading and approve the Summary of Council Action �or the Regular Meeting of April 6, 1999; seconded by Council Member tT`, Discussion: VI.1 i�c u: VOTE: YES NO ABSENT ABSTAINED KI RK CHANDLER MARKHAM OLIVER WATFO R D MOTION:I - DENIED AGENDA - Mayor. A. Requests for the addition, deFerral or withdrawal o�items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION -Mayor Ala) Council Member ll�i C moved to read by title only, proposed Ordinance No. 728 Rezoning Block 71 from Residential General 2 to Industrial - City Attorney (Exhibit1); seconded by Council Member `hr b) Vote on motion to read by title VOTE: YES NO ABSENT ABSTAINED only. KIRK CHANDLER MARKHAMy OLIVER WATFORD I/ MOTION.<KARRIED _--) DENIED 4- ova a� LI� �.`�!�f 4c,+ Fx4 ('tic( Q-V�4 �:(' o it L4 �ja pcposr_oo( T4�ck, �)kk� W�w app-tp 4 K, (Wow 4-L (J�Tadwo �J,( (�n Ica a/) 0.o c.ga I�Encct) 00i Mo (,u-j to,G' Am pa �Ucuc�-, /CA 4a, + Cf � u� -!� , ncz�� �. SLO r2q-tl Sp- r1c) W 20 4,9141 cow �o ECcc+,Lo,-j serxe ctuc�«�ot�c a� urlC�n, e�.ke�uQ e.�uCeoa�� I�ae �e ned cd ;o ci�p a" v C�-f 6b �z, cn-Ee U Gt- NLW ncacY Lo/ qiuud In m ICUZ/-,ad Q U cctf vteijo US . LaG[ Wa at-d �- teAtaL� �C� MI/ld, 4-�-kic �e au rx,{ Ok,) �f� ,'�tQ�) GtJat Ac� icoucdh l'o-F V-L� SGn.C- Ue (� 3un�+a � , ,Ue-, �kd czo,� O-Cad- /Wa dk4 c? dAaj-x oz� 'A � ica-W C Ld)o Gue @aA vic�4 o>u r)JI � W&" Cz dto-tlioq 4; qa C,ck� W40J 4w--A� Y u� PouvOl JVA SAL wvaL k do t� • l ' - CIO Lkg- 4-ic� bid �4 LLp f , f�Lk-U Eq .ktLL► Wv Nkwv) 4 �w- kw Yv Lo� u 0-,�t q-L lKo"'k +b OLW�w *0 'c4� C� �4 ,R d C�� 0 34,- am CA y &zq PMMD, w6U4 4 e pcw��g 4Q load x� T �q I u �(o 4U A P m cs�� �> f 2 to-bL Qo �«c 6 cd�tot 4k Atctc,04 0 r& on c Jam ►emu + 4 tu) hao taa do Lul * m Q aved, cq uul- I �ha6 � 0.- 0- Fu "k,uQ-L 4 cm LPA Cu) 4LL ate aDC'N cj,, We) SO- (L)Dtou,-,q)' 4�t ojatdcq� q J-doq MALrut 4�,J bRuc �TLW OwJo 11" 4aaj� �ck 0,tvv- pa," c�CI,' (60w 0/ c6(,q Paw Y? m 6uo1� pct .v Uau L�A gkut � 4 -zd-u old c- X- X Sctv /VP �Lvo� Wu ./,Lw AUJ" Wy dcv l g 4 q-LL(ittaL -hpi vU C4 i a )AWA j atAh @ r1c opkh� pv,-4 �t�-L �4cc� oto-m �LLuka a SL-ko PtCLPJ - V- 4 Coo) Lo ��u C� .P�tuu p)X- Vie- a Aug mwj ,taut u oq(-- kla t�� Tit.c wt ShcQ,c. d 4- per. , Mgt �� , C �� gG� c����Vkt cvo-L'o-t acowc6E oLub LLCL�_LU LO&E ojc-4 �,t Lol CLO qAUc[ pq) Uo OL OA Ly do _ POIQc_ j �� �1�,� off - . ro h6t",�o �/u �y ht� �aDl- 4jp vU r U bq4ol cl&of- 4ws Okk ��k A-�J"At O,Ltf cid UO-aN �Zxk-- TL Sib f -(i ptat�- b" o4t�dl +kOj°iQ e� c � �u 2 S � I C� i�u c � Co CV4 �OmkAu �u Qkt wC�_b LQ�' �4 pad C# Q4 Lq-MA �(1Lk � JA- Ut ? CUA (Ok-DL+ CL I Q r�.Q. �1c)co 4 ���c��, c�GLI �t . 8 a /Lo "i po,-4 11Auu woL. L+ You wat& Pato-a fcb- Q d ? � tp do-)4 J--aw ck &I uJ C4-4- G-Qkl c off tN4- Jn") I , ), 10 6 oh? CIO �at �4UU7 ar)l j I)W(f)q C�4-)(-� ruirwi I /Du �aivt Aj ojcSka cv-4 d cj-� c,4 ruta- - k U opa.& La& tip Mcj, L)J&ACk 0 Lo nufl� CLZ-La2v o CAI) Wl�- O-JO Cxct4 otw� ca a C 1 �U� ` UAL It U-N) 0 RLIff -�O a � L) - , L� 4pA wD +--) Cow LPL 4- e[o ( Qo-LL&k �AW O - C�-Ackc� ho (�k-K (��) kkV- 4-�4 p UP---L p f - lvy� 0156 Q9 �-D +lu Rita- pang , �� qj),� pc u nc-4 haw qg),J q-Luvi c.4 (/'Ln"LIA ki OVX VLCA-ai'OA IL)k & vivo �-kt- OTAJ- C:po �55 e�-I , `l0 �� etc c $ (�,�' cut �Qvcrx Poa-�Dl (Drfi �V& LLP TUN Ob co-� ul- 0 yOVC �� �vP t � s �0 Gam , �pf� ! C c� -do � v4acotu��am�k 1�0 a 20 Lc�o b co,� Cn 6(QJ I Feu+ VU,2 Paa-cnq Q r1C�& 0-k WI-09 UA-�- 4-4\zr\-L Luakuavi l.u-V(- V-GUr�l ecmc�q Q&tc/-�o, C�om� (SQb �fj ,bo L cead W(W 49_ pmLa'\� �nc� 4Ej &-m (,Uat� UJOCJ-000 �p ? J/'n'J C�l,uP,O Lp"Ll 40` PaU4n(C&-f / PLLCd&, 6Z' wuw �itp' Occvrnn� do V-lu t-e.lecnd�- 'iae /'�:��d WL�-pLe wc-�P (,�„� {�ac.Z' �G�.ec.e 0aitywc-c-i AL AC�LCI � �-Jl�l9 C�t C.At4CUOt 4- PCLk-t- wLo, 0 qu�ie V-b�vk C,.�ti9� (JC�21Lty� fiu- C�h�.� u�j f�`-CfCv�v'J'.� yUi-1 t C�t�e,� 60::U� ao uv� 0n f)cf �o ,�.z�nc-Q(l-lw)Gw- OUA (XOeuoo f,)LLch a r�-tu 4a,c,kj u Jc� LA PaA-�d- l� � nc u Q/�) Pnck-�o , -�6 nv � u-hcrn ���fcccLQ(„� u�Ciu 0�11 11 Actc,a c�;�4-G�rc Gfn � y� J40-pt nW prc b� �6 [A)-U ap d c� c-� (LPQ Le b" b he �,�[, rna16 d i �>l�ew I)C\ � �-� •c,�o�ecl sf�e�� ���-c� , +o.I�c�a �u !�h{� +J OCR C�10.�� y 0�2Ltr1 C�0iw(-+ VLLk� Cut �, 4- UjC� --+u.2r1 � -tea( I SGC6 If, 0, 1,C4 So-LQ .� 4-� wj 4k.L CLcA I '$ �w Lib�� q4 4-�c�. kt 4 4-hm C-U- UIo� n 0-ncu •. _ _ 4 tte �► ILv�cw ��r o Lt° o v cl [ o C'�Ltsie qA%O�, cu OtZcm *-ho'y -+- � �k-o �t�� .J��.G-� �� S1�I�-t �, � U��-1- i�.�. C9�4, C� G�C�•ral-FC�Sklt i,� d� 6�'�o�Ly-�, Coro ha�-c z4 aka -p M CA i-o kU ecaat-CL 1�+ V �G nC4 ocu,o 4,0 eccY1Q c� , S� It pt a futo lv •fie• a.f� fit? p u e c Q�/� c �cGrQP �o�o.� .cam` � c� t.� its toc�C c n �f CDt�.t�ev� c w t d � Cam., (t�." + o�p tSt v>pv aQ � �+u�pj, do C) -Lt wcl.�,i t� A, ( o-* .w �Ak 4 O.-t i J-YNI oR , 4A, �==tAi �1 �,rLJf r w� 5� k��,, ( �� i �Lt (c ! t� 4� '17 �nw howi-cj lo-f wCt �r k c,r, t���uva � Lk l ti t haw C CS { . A S P n� � t� � � a 1_ lLd LCILP ( { 6 't cm 3C 0 I p[ C M A t s v del o ID m A c1 PcLtt, W� StEp � 6-0 O�x-e- 6p V k-t Stet SbpS ? gvkc-ts wtla J (OCK �. u U � ka 5po a hCkA (f Ln-ftL a tC j b"S60 UiA-ez� ,mac.. 4-Lf*f.)-L LI�bSt\-i-uVaI-..�), LcsL4;-!�, p L - . , i o Ccl i-�, l Ly-e IOZVA c ti,_k VINA,-L hop A[� 4i� Som, (wir-) "LL o (yt,�,�W( c V I.Q w ii) iat i 0 0& 4U) u`t t41 Ogc,tLPta 4 h r� ► -t^-w� a P FF� r4 l c1 l �(.P '%� o t uu, t� 1xC� :1A U-k ` ;6 uk �. �n Yt,5, �q j LVA OW 0-4 L�Sp�e ff, , 6o ;C:Q� CCU f�-�l.X j• 4'lce� tJ k q-tA0..- ► NA C W/ pa/Jcnc\ L"-i� (4)oA (6 Mal �t(�q 10, Can fl�-i-AlIV vezt- &cco -/'��'tCf t 4-1-,o- �. �,�u �1 c �c c� t z •� r � C ► 'f-) w , j2,V)i 0f 0_0(c c cn e coo n(- `>! Lt 5"4- 0� t4 . Cfo a L0�10 o oxx Gu u d- `,4 cm y ux � u-/ T d -4- �e t c l�a-f cL lu C'U2� � / aul c ✓t et OL, , ��uo, CKvw 4.e. a y-lu-t- can �ttravl�, c� n� �l cu �v c S� ! u �e c v1 c� u1a e Lt.b C� c� �)cf � �2c � hD of �o �h� �wh�, � -1- Y"-t etc c_ �:3 f�4j o 15,E 1(o �2d �Q , (� Y.e r < cry �Pna YOU ..0- �,< u e - i-c ic*L" ; z: pa��, i�:-i � �.a,�. �D i:�.�./1� t� w�r� . ��.�.e so ak,� � �-tu t �d • nip`. S�-L V-VILC c4 d&Zf-, C w�k-� CMWt6Y l 4UX-- �fe� � � Pni c Q b w� C y c1 a cyx d'� • q--k� wo-o 4� ojos� So 6v6u -u Acuu OIC4,4 acuc,- t" cu, Mc on- OjiU' LLJ LXIC &M Vkt Cb6t& e we AD-u c.►) a Tim Loons CL-� L� not keem eLkes-ol ct �Ak Coca y ,J u - tee a- L} cm Ox "p.Lc4 4aV `Fhar� t�t� Qd, tip t,+� Y F. t ado u t W c . 1� O(� 0.C� -t G.e �C `f Q to -. MCA Lk- 0A lS4 , SS , T � cep d gws+ u`-cAck c4 C)- t mCUA Q3 'P-WW&' e w� 44- nccot 4-uzu( w/ a P-aLod Aoo'd, cn(� tihak z cj.uu W o-4 ncx� . W �k u) aq bi )-Oc" flow Lu, 'CL Y o-v,,L •-t-c� bNaA - kv- CIp,►� 61OW kcu 'UAL y�e .A�J� vie �.� nbxq saw O-L',j VI-u �- -U fLcz P .� d� �-►,� V.-e�a� lcoK� L� 0. lob- �u�. �xL n�c t_ng spaewO CJ cnt Ana t ��41&r w oL4 sc�. �� h Li a,, t .)-Low '!� �t t4- l�)CZ C�.QC�,Lt 4J tf)a L(' ti U P(U cr1 LDF ®�/ ou L(ab� c KAIV4 +�c� J, �� k r c of ✓I QA Q C'1� x C e2vi at 4E� ¢ CLiA,6 'Y` cI. 4 L u ti c + m& a.r Ua SfA- 4 pa, +0 a o 4,kC �u.�.a.x.oct �Lr� wt -- 0KUo I-CL 0-kA+ �, c �� CL�e�a� , �e u �cv�g �na�� u e ue Lk,CLUANZc� Lt K� 30 c �Scu.'ct_ uwA -�,, d�D u)j at ,� �c� v (t stcfto, hu �, �� "A tOor Cka uuc.t c� C�pcv�g t4 tvc�Lo-d- fie LP-,ct 0. (3AO)(t?m W j I oX z , dt> L-1-4 .1 kg--t- L ufYL4 J S(c Ld, C cct ,,u a c M tL t;Otit e do ex-{ 1� ek t V- �i t(Pu-+ /du ct ft, to �6C-.w 0.� Q�Q � (tX� C� E� Ity U 00600 (_4 6MAa& UM c�!C-IAJ �vc(G 4? v 16 X ".Ak oft � •6) ate Q l jjt�LSt.at. t_ Q Y-k tWLk �,e.- 4 ,S a� , zinc-ko sou c tJ W-Li au t .SCut CA" of e d ti (W.hc-� C t )(�� NJ-t�� c c cLtcµc t ux �? f ccrcc� �4 C� c IdA -�(c�+ct t t b, �lC2t u��2,tQLAI�Oprol"ski Y-o dq� iU�t tjCOU �C[dI �Ct C i��A-041 � � fL.c Ll Vca ail 1 iv4,t a a oMj;Q . j 64-)0uta S" yiml oi o-tuc t c)ttiu -cT7 wOLL�LI (" , C-wvb 4, fjj �{-�e b no 4LI • e� yew) 4-" .L (,�,4 '� C3� � ko O Ao F �r1�1� to ��(I cC Y 4. Qn v6ui- &t r pltcS�..C-kS, .�,U� 5c.� 1Z�• � JSK �U1 u �( ALE v�4j (a C� MCG c c c �� �C�OC / pd C!!� P JCL ALL L'y 4-,) �cucs (V6,4 mo-a lfaAtj yAaJ y6u Wt Olt. mo , 31�c,eLI 4eyh(l�, cD C,uCne,�Of a Gt-eh ,C Opt CCU �t fah Ce/�(IX �`cQ �¢n� �t h cr) Yh t , LD O/oik� 4-Lc , VIQ oA J aO-�,4 4-tAk ywe & � � W 1c t ,f �9 C�� 10 Z u-hcxf ML4 GEC e to ko© ul�eh uiub c� c l Zzf Bx� c ¢ QS cu 5 c9� �/, a, woz a ,4�aF 4hm C � nc C�DGt �G� uoC o c, -�/c u2 �l1 �� �aCt o sa .Kq� a L � ,�A� P C�-Cncg,co v-�e� �+ CL� -c'C ' hCtc � C)L �L G q- O aA - Pa 4 d %Ca oc 11) 0,)C cr) -/-o i-e (,,�acd Ao I)UL L 01 ox.4 ho-za a It Loi _�c�x e�6�crX3 `I�at� nc1+ �n u- uu Vzu-- o cb Q 5si �Lha-V) rOif- Palw ( had � Q 6�ez���� 7,t+ haw O•kA-� y� AvAw"&, iv-r) sR4- Co kx��t CM �ILe 00-" 14, c� nctL�e�lc1 �U�e �c,y� �Cy L� C� u�cul (tC lc. t6-),2CkI cc�ti f- MO-J ttCYLL, t L�iIR-ho-4- Ctucc cv-+ rxk jithaitu� -�p hoD "&)l U)" dojV4L V tCf-) Y- Vklv- UUA�&-, 'V- Will* n Cv,� - (+ do n� v4u *LI f t & /hate � � C/Ci 7' c 1� c/ Oc 0mcdo � fr6 /fie d 7J tt� Lhuvt T�U� h�X '/.�� b �� c cvt cuc� (t,t paj" po 0" �- LA bjal� z-f m4 � a, 0 Can atRkTA �rxs� n ) ©n-h, l b cCa� u�j i�uc�c1�� c a wFnetA CL� tom, j j�C��.� . ��t,�'` ��1m cio CIO x t&04 V6, �n :Ja ` a;cm C4 tc 71A -0 4�, -,y oar�� fzl�z -P,� oj 6&g a,, a�, S411-1 P &7(� ? o c�.P�S LA9 CC9 N Q l �QQ.L �2� Iil li r�c2� Rix�PcQ� (.�IL�f-c� �///lC� L � rdD y(JLl ,E'er 1 l,d-qj �O�Qd �aK.e -Q� �/���2er Y cJcit Q,e.Q � GU h 4 f� � , �p °� yam" lie �� G�uYj ��lu C9rn (Y; + AA � -b S to y�wt C C &ptt bae)(t ,� � you • tW co" Caz&& d Loa- o4 y L � a,u /t�k nLCU � 0un scccC cox, u uS Q L � C wQ �f `4v`S . °� B. Consideration o�tbe purchase oC )aws oCLiCe" Cor the City oCOkeecbobee Fire Department - Council Member Cbanc 1(2r. 0" a�4�S (�r1�t U--b°c �Qf)�) htasvxV�, J�t ha- ' o f)2tgOkGU Wu /ea O,//LL Q- 6jtCu,/1 1. bA ok��� , )Ofa/atnQ perw q0a�,- j O-At*Lng. 6Y jjmci) bztD (Scamp V'� Pk Cam bA Nocdd (6( pL&pr)of� 2, (Pq l q 123q c 2, 2C, �)21 T I la c , LJ2--0. QD� ill, j 9�t ad D- &R� 1�)Orw a pzdcp aj - a Y Gva p f 0W rc ur-tf 6LU WEAJ-/ (*W , h atd f � OJ v�� ] c Q a N q6A4- , as u4 U�)/ bw- +x,4 j�-ofo", -4D May cC)Q"O toto ��i CN-1) d-ad -Fs-f (OP-t • • C C. Update regarding Melland Litigation - City Attorney. • 9 (`3 D. Update regarding Brantley Code Violation - City Attorney (Exbibit 3). GOOK, see the exhibit that the code board considered that at the last Tues night at their mtg fa- voted to unaimously recommended that the city Council taKe all available enforcement methods under chapter i(o2, FS to enforce the lien. I may be off by a day or two but I believe the lien commenced io/i(o/qa, claimed there would be a fine assessed at this point against the property $4(0,5oo. There's realty two practical ways to enforce a lien and that is one by foreclosing on the property or two while its not considered a judgement live being sued in court it can be collected IiKe a judgement. And that means execution of a levy on any personal property belonging to Mr. 5rantley. The foreclosure if it were filed could actually be filed against any real property owned by Mr. 5rantley except his residence of course. So that would include both the property in the CAI and County on 441. The fact of the matter is the property is really been in violation since ITM. When what we have been calling the orange booK was enacted by the City, Mr. Brantlo s property at that time was a non -conforming use and any expansion of that use was prohibited under the ordinance. As you Know over the years Mr. 5rantley has increase that both in size and volume substantially and the city basically has made toKen efforts in the past to address that. The real logistics of the code violation and complaint of the board is that within the (Po days that Mr. 5rantley requested at the hearing, he was to move every bit of stuff from the roadway and put it behind the fence at least 30 feet and modify the fence so that it was opaque in some manner so that you could not observe that stuff as you drove past on the highway. There was never any, at least as I saw it, there was never any point and time that it was close to that and so the fine started running. Now the foreclosure is an extreme remedy but you have a 3rd option and that's not do anything, let the fine run. The fine is Kind of a lien that runs with the land, if Mr. 5rantley were to ever sell the property the new owner would be obligated to pay that fine, whatever the amount was at that point and time. Or you could pursue one the two collection means I just mentioned. My only purpose for being on the agenda tonight really is to let you Know what the code board has recommended and the first step before any decisions were made really would be, I've contacted OKee Tanie Title for a lien search on the property, they will do that for us for $125.00 to show exactly what mortgages, liens, judgements, debts of any nature would be against the 5rantley property because you have to have that information before you can even maKe a decision to foreclose on the property. i would be able to have that search in time for the next meeting. Oliver, I would IiKe to see you have that search done so that we would have a basis to maKe a decision in a couple of weers. Watford, Mr. chairman if I may asK, I Know there has been a lot of publicity about this in the media recently (turned tape) the issue here is not a matter of what's there its a matter of where it is. In otherwords the issue is setbacK6 and pawing or those issues not necessiar(ly what is there. GOOK, no in any non conforming use as long as it's not expanded it can continue until it's discontinued. In other words if Mr. Brantley were to sell the property then that use would have to be discontinued. So that is the primary goal of that lien but for future reference as long as he owns that property the city should not grant any building permits or any permission for that property to be expanded in any way shape or form. Watford, what was the issue here, what was he cited for? CooK, the moving the property bacr 30 feet behind the fence, modifying the fence to maKe it so you couldn't see through it and create a ioo foot fire lane down the middle. Watford, but the 30 feet is that a set bacK requirement or was that just an agreement he reached with the? GOOK, i believe that's what we amended the ordinance recently to state, tie states that his fence is 32 feet bacK from the road but he cant use the existing fence, its got to be modified in some way. Watford, R(ght but the issue is the 30 feet then, the issue is not what's on the 30 feet the issue is the 30 feet. Doesn't any business, I assume Mr. Brantley has a business license, is that, occupational license, do we Know that? cooK, I'm sure he does. MarKham, he's got 3 different types of license, I chewed on those. Watford, doesn't any business, don't you have to have certain requirements for example for parKing? Coor, if you were to seer a development order or permit to these buildings, yes there is a formula for floor space and pawing. That place has been there so long that the use he's got there can continue as it is subject to reasonable regulations by the city which have not been applied there. Watford, this is a very touchy situation, and there's been comments made on all sides and as you all Know I've had my run ins with the code board over different issues and I agree that to a certain limit a person should be able to sue there property any way they want to, thinK we all would agree with that but we all Know there are certain laws and rules that we have enacted, some the county has enacted some the state has enacted for, to protect everyone's rights so I thinr you have Kind of a delicate balance here. I thinK the code board has heard this and has heard I'm assuming the evidence and testimony of the code officer and apparently Mr. Brantley has appeared before the code board so I guess I'm a little disappointed that if you read, the property owner agreed to do something and that was satisfactory with the code board, it's Kind of disappointing that that did not occur. Mr. Brantley, to answer what Mr. CooK said that he didn't see anything changed, has live me he's very busy, I can get statements from councilmen I can also tell you that on the (A" day I requested that they even send somebody down and IooK. 2 people came at separate times, Noel chandler came down, his exact words was I cannot believe you did this much this quicK by yourself. I said well what do you thinK, said your 49 % done, Keep up the good worn, I said thanK you and I went bacK to worn, the code enforcement officer came down, Sim. I don't believe the 2 had a chance to see each other or ta1K, the south end next to walmart had nothing outside the fence I had the tarp bought laying there to put on the fence, I showed him what I was fixing to do I said how close am i, 1 Know I'm 4 days late. tie said your 99 % done, now if you want a sworn testaments to that Ill get each one of them, I won't have to subpoena them, their both honest, theyll both volunteer and Ill trust what they say at any time that that is the exact words they said, I said now show me the i % and Ill do it now, where we can stop this and I Know I'm 4 days behind but I did the best I can do, I didn't thinr we had any problem. I never heard nothing from anybody else except I heard a court reporting on the radio which was Mr. C00K telling the people that they were liening my property because I hadn't conformed, so I drew the conclusion that it didn't matter if I was 100 % or 125 % that no matter what r • • D. Update regarding Branfley Code Violafion - City Attorney (Exbibif 3). C CCU -i�j t 4 wd 0sk 0cJ clLd ` (- _ rG' �Ila o 0j am cjns(� F zCLd r , nc�C�G n ,-,kg O'do UA_ 'k ODU (Y)OLy S-fi t ff Uwe D p� , m� -Pj.�.e� @ p ca (s l1 - ktA� tuw(_,� wy 4, &td, /C)Z/ULIO tt_� 40 �JC&-�Lt3� �e 0,Y_ PAV&J�� D _ /C44t had o 6�xtp cbj_)*PDcrttcf '9AA0 Ck+ �g 90 CIO U-C �� �� tcc mu,e6 tf, �,kf", * *avv Q- , WS OA +M U .�6 e ta0 C c2-Tv�vu(f Ot'j ptlQA�,�) cc)Q,,0, 4 a� tsQt cv) jrt6 Out p kDice �ede/J/ �L C IttCZeT envy, Cte /0 ( ;Lau) emu. P__�ck*f qu 0 oft(_�(& L �0 V,�Lc aL IX. ADJOURN REGULAR MEETING -Mayor �7- • S:S azt, G 4- WLQ U PW+UAQ.)J CAL ' "'�-(.Q, �Iwg ..�2� 9(I jCQ 0 (� : Coa x e , /Y (2�" , rf Dcd, - /<�n" 0--p-L ALC6 d6o( )�Jkwj kolvir 04 7yjuj a)m qft U/�-A k , 7c'w ?,CI7, M72�j rm Ch Plu m i�� Get w . l'� '. ,�.�o �. ���.�,' � a..� rI� � ,�►�:�� �� ����-moo, (9) OJoa I Mu�kl OlIq - OLG�t ao At PN f 1� i .t �oKEcy • °1, CITY OF OKEECHOBEE :z REGULAR CITY COUNCIL MEETING z _ p o* OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER: - Mayor: April 20, 1999, City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation offered by Reverend J.P. Zeigler; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas • Deputy Clerk S. Lane Gamiotea V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of April 6, 1999. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. APRIL 209 1999 - CITY COUNCIL AGENDA - PAGE 2 OF 2 VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only, proposed Ordinance No. 728 Rezoning Block 71 from Residential General 2 to Industrial - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 728 by title only. • 2. a) Motion to adopt proposed Ordinance No. 728. b) Discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. A. Consideration and approval of the Street Maintenance Program section of the Fiscal Year 1998-99 Public Facilities Improvement Fund Capital Outlay - City Administrator/Public Works Director (Exhibit 2). • B. Consideration of the purchase of "Jaws of Life" for the City of Okeechobee Fire Department - Council Member Chandler. C. Update regarding Melland Litigation - City Attorney. D. Update regarding Brantley Code Violation - City Attorney (Exhibit 3). IX. ADJOURN REGULAR MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. • TENTATIVE AGZNDA APRIL 20, 1999 1. Consideration and approval of the Street Maintenance Program section of the FY 1998-99 Public Facilities Improvement Fund Capital Outlay. City Administrator/Public Works Director 2. Consideration of the purchase of "Jaws of Life" for the City of Okeechobee Fire Department. Councilman Chandler/ pit &Q& ef» 3. Update regarding Melland litigation. City Attorney 4. Update regarding Brantley code violation. City Attorney 1099 • • ExHiBiT 1 - ORDINANCE NO. 728 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RG2, MULTI -FAMILY RESIDENTIAL DISTRICT TO I, INDUSTRIAL DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of approximately two (2 acre(s), said land being more particularly described hereinafter, from RG-2, Multi -family Residential District to I, Industrial District, which requests that this approximately two (2) acre(s) tract be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: that: Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to -wit: Lots 1 to 12, inclusive Block 71, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 1, Page 10, Public Records of Okeechobee, Florida. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City shall be amended accordingly. SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Page 1 of 2 SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. Introduced for first reading and set for final public hearing on this 6' day of April , 1999. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Passed and adopted after second reading and final public hearing this 201 day of April, 1999. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 n U L J STAFF REPORT ZONING CHANGE REQUEST MULTI -FAMILY (RG-2) TO INDUSTRIAL (I) CITY OF OKEECHOBEE Petition No. Applicant: Legal Description of Subject Property: 99-001-R Monica. D. Harden, Owner, David E. Goolsby, Agent and Realtor Lots 1 to 12, inclusive Block 71, CITY OF OKEECHOBEE, according to the Plat thereof recorded in Plat Book 1, Page 10, Public Records of Okeechobee, Florida. Item before the Council: The matter for consideration by the City Council and the Land Planning Agency is an application by Monica D. Harden, Owner and David E. Goolsby, Agent/Realtor, for a change in zoning, for the above described property, from Residential Multi -Family (RG-2) to Industrial (I). Background: The subject property is approximately 2 acres. Property boundaries are as follows: NW 7' Street to the north, NW 6'h Street to the south, NW 7'h Avenue to the west, and NW 6' Avenue to the east. The existing surrounding uses include vacant land to the north, the County jail to the south, a few single family residential homes to the east, and Sprint United Telephone Company to the west. Most of the roads are improved with the exception of NW 7 h Avenue. Approximately two years ago, the owner requested a land use amendment on the subject property from Multi -family to Industrial. The application at the time qualified as a "Small - Scale Amendment" and was approved as such. Consistency with Land When recommending whether to rezone a classification of Development Regulations: land, the factors that the Planning Board shall consider include, where applicable, whether or not: 1. The Proposed Change Is Contrary to the Established Land Use Pattern. The established land use patterns include industrial, public, and residential uses. The subject property appears to be consistent with the higher intensity uses because of its proximity to the railroad. -1- Staff Report Petition No. 99-001-R 2. The Proposed Change Would Create an Isolated District Unrelated to Adjacent and Nearby Districts. The Industrial zoning classification would not create an isolated district. In fact, the property immediately west of the subject property is zoned Industrial. By amending the zoning, this would allow for further consistency with the established development pattern. 3. The Proposed Change would materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, etc. The proposed change would not have an impact on the population density or surrounding schools. Level of Service (LOS) capacities were calculated for public utilities and were found to be adequate to serve the development when built. As stated earlier most of the streets are improved with the exception of NW 7' Avenue. Therefore, as part of the development review process, the applicant may be required to participate in the improvement of 7' Avenue, if the proposed development causes the adopted LOS to drop. 4. Existing District Boundaries Are Illogically Drawn in Relation to Existing Conditions on the Property Proposed for Change. The existing district boundaries are not illogically drawn. The Proposed Change Would Be Contrary to the Proposed Land Use Plan and Would Have an Adverse Effect on the Comprehensive Plan. The proposed change is consistent with the Future Land Use Map (FLUM). The applicant amended the FLUM two years ago to ensure consistency -2- • • Staff Report Petition No. 99-001-R 6. Changed or Changing Conditions Make the Passage of the Proposed Amendment Necessary. The City of Okeechobee is experiencing growth and the FLUM for the City indicates that much of the industrial development is to occur along the railroad. As the City continues to grow it will be necessary to make zoning changes to accommodate the industrial growth that is compatible with uses in the surrounding area. Therefore, it is logical that the subject property is proposing industrial development adjacent to properties currently classified as industrial. 7. The Proposed Change Will Adversely Influence Living Conditions in the Neighborhood The proposed change will not have an adverse impact on the nearby industrial and public uses. It may have an impact on the adjacent residential uses. To minimize the impact to residential properties, the applicant will be required to meet the non-residential landscape buffer standards. 8. The Proposed Change Will Create or Excessively Increase Traffic Congestion or Otherwise Affect Public Safety. The proposed change and subsequent uses on the property can be designed to allow proper ingress and egress onto NW 7'h Street and NW 6' Street. 9. The Proposed Change Will Create a Drainage Problem. The proposed zoning change and subsequent development will not create a drainage problem. The site has adequate drainage. 10. The Proposed Change Will Seriously Reduce Light and Air to Adjacent Areas Required buffering will not reduce light or air to adjacent properties. -3- Staff Report Petition No. 99-001-R 11. The Proposed Change Will Adversely Affect Property Values in the Adjacent Area. The proposed change will not adversely affect property values in the area. 12. The Proposed Change Will Be a Deterrent to the Improvement or Developed of Adjacent Property in Accord with Existing Regulations. Since the property is located in an area suitable for industrial uses, there will be no negative impact on similarly zoned properties. For the existing residentially zoned properties landscape buffers will be required. 13. The Proposed Change Will Constitute a Grant of Special Privilege to an Individual Owner as Contrasted with the Public Welfare. The proposed change will not grant a special privilege to an individual owner as contrasted with public welfare. The size of the proposed change along with the existing site plan regulations can ensure that the public welfare is not diminished. 14. There Are Substantial Reasons Why the Property Cannot Be Used in Accord with Existing Zoning. The existing zoning would not allow the proposed use as desired by the property holder so the rezoning is necessary. 15. Whether the Change Suggested Is Out of Scale with the Needs of the Neighborhood or the City. The proposed change is not out of scale with the needs of the City. 16. It Is Impossible to Find Other Adequate Sites in the City for the Proposed Use in Districts Already Permitting Such Use. The proposed change is necessary to allow industrial development as proposed. -4- • Staff Report Petition No. 99-001-R Consistency with The subject property is designated Industrial on the adopted Comprehensive Plan: City of Okeechobee Future Land Use Map. As such, the proposed use is consistent with the Comprehensive Plan. Assessment and Conclusions: Based upon the above zoning criteria being met, the rezoning request should be recommended as it is consistent with the existing Comprehensive Plan. Submitted by: James G. LaRue, AICP Planning Consultant -5- 68 1a�� i 2 • A- 150 4 5 6 -6 7 8 9 150 !0 151! i 2 3 .97.. 4 5 150 6 A ti - !! 12 109 8 7 .6 .5 .4 3 .2 . !3 $. :_ 4r 5: . 46* .. !4 6 : !8 : i9 20 , . 2! 1,22 23 . 24 .. 25 •. 15 csx !6 pit. s sot. s It ! 9 12 2 13 3 14 4 i5 6, 5 1 i6 6 !7 7 !8 8 !9 9 20 14j 142.5 !0 NW 7th STREET l41 4 6 7 8 ` 9 .., NW 6th STREET 14L 5 47. 5 47.5 4 5 .•3 .2 .! 6 .,,. 7. 8 � 'i0 •!! •i2 • 9 . . . . . .. . . . . . . TH STi - !i ! i2 2 13 . 3 14 4 i5 5 !6 6 17 7 !8 8 i9 9 20 !0 i e. 5 was 50 � 6 :4 3 2 ! 7 ' 9 !0 '! 32 so . 50 bu su u '6 '5 '4 '3 '2 ! 7 ' 8 ' 9 '10 'ii 12 r'.O . . . . . . . 1- . w to 1w .i 2 4 .w . . . . . . . 50 IOU 0 PUBLIC WORKS 0EXHIBIT 2 PROGRAM: 549 PUBLIC FACILITIES E - .. ES IMPROVEMENT FUND 1996-97 1997-98 1997-98 1998-99 ACTUAL BUDGET ESTIMATE PROPOSED 3100 Professional Services 90,131 132,500 6300Improvements 84,372 691,382 6302 Beautif./Other Proj._dz"wn?w%r 24,124 -0- 6400 Equipment '*t*0001i!! 48.355 _0_ TOTAL 4 s'k 246,992 . 823,882 CAPITAL OUTLAY EQUIPMENT TRACTOR LOADER AND BACKHOE TRACTOR (MOWER TYPE) CITY COMPOUND GAS -PUMP -TANK S.E. 8th AVE N.W. 7th AVE BETWN SR 70 & 2nd ST S.W. 6th AVE BETWN 21st & 19 ST S.W. 15th ST. BETWN 5th AVE & 3rd AVE. S.W. 6th AVE BETWN 4th ST. & 2nd ST N.W. 13th St. & N.W. loth Ave S.W. 12th AVE BETWN SR 70 & 2nd St. South Park St. Mill & Repair R&R N.E. 2nd St. BETWN 441 & 4th Ave Mill Welcome to Okeechobee Signs (4) TESTING STRIPPING STREETS GUARD RAIL -45- 44,691 70,000 600,000 362,100 -0- -0- 15,000 180-000 644,691 627,100 4-Aw7 o--Ar /amide,(J- 85,000 -6el 15,000 80,000 137,200 14,000 16,800 19,800 14,000 54,400 /60f40%(4- 18,000 42,400 21,500 3,000✓ 1,000 10,000✓ 10,000 a N CD Co am m m w 0 LL ITEM NO OPTION 1 202 ROADWAY WITH SWALES (320 FEET LONG) ITEM 1— 1-114" ASPHALT �6-1/2" ROCK BASE _ _ 3 12" STABILIZED SU_BGRA_DE 4 SOD _ -_ -_- 5 _ ]MOBILIZATION ------------- _____ 6 MAINTENANCE OF_TRAFFIC- GRADING I SITE PREP_ — 8 {CLEARING & GRUBBING -- UNIT QUAN UNIT COST COST 711 S.Y. $ -- 3.75 $ 2,666.25 711 S.Y. $ 5.00.. $ 3,555.00 747 — S.Y. - — — _ $ - —$_ $ 1,867.50 1778 -- - S.Y. --- -- _2.5_0 - _ 2.50 -$ $ 4,445.00 1 —1 L.S. 2,000.00 $ 2,000.00 L.S. _ $_2,000.00 $� 2,00_0.00_ ----- L.S. $ 5,000.00 $ 5,000.00 0.5 AC. $2,000.00 $ 1,000.00 Apr-07-99 05:29pm From-LAWSON,NOBLE i WEBB, INC -t (Na AO rc,4? q 0 5616841812 T-287 P 02/07 F-745 ti JL co 0 a. ti go N CD M. E Q .r. m w 0 0 o ti 0 m OPTION 2 20' ROADWAY WITH ON STREET PARKING (WEST SIDE ONLY), CURB & GUTTER ON WEST SIDE AND SWALE ON THE EAST) ^UNIT ITEM NO ITEM QUAN UNIT COST COST I 11-14' ASPHALT 1423 S.Y. _$ 3.76 $ 5,336.25 2 6-112" ROCK BASE - 1423 S.Y. ( $ 5.00 $ 7,115.00 3 - 12" STABILIZED SUBGRADE 1512 S.Y. _ $ 2.50 ^-_ 4 5 SOD _- CURB & GUTTER -_--_`_- 1067 320 S.Y. _ L.F. - _$ _3,780.00 $ - 2.50 $ 2,667.50 $ 9.00 $ 2,880.00 S MOBILIZATION 1� L.S. $ 2,000.00 $_2,000.00 7 MAINTENANCE OF TRAFFIC 1 L.S. _ $ 2,000.00 $ 2,000.00 8 GRADING 1 SITE PREP L.S. I $ 5,000.00 $ 5,000.00 S _ CLEARING & GRUBBING _1 0.5 AC. 1$2,000.00 $ 1,000.00 Apr-07-99 05:30pm From-LAWSON,NOBLE 6 WEBB, INC 5616941812 T-297 P.OVOT F-T45 V/1 N, ti C2 0 d m N H U Z m m rm 0 LL E Q ti cm O O w ti O i Q d OPTION 3 2D` ROADWAY WITH ON STREET PARKING (BOTH SIDES), CURB & GUTTER ON BOTH SIDES ITEM NO _ ITEM - 1 +E1-1/4" ASPHALT -- -^-2 ^ QUAN UNIT - - 2134 ! S.Y. - UNIT 1 COST $ 3.75 C COST $ 8,002.50 6-1/2" ROCK BASE 2134 S.Y. $ 5.00 . $ 10,670.00 - 3 -_ 12" STABILIZED SUBGRADE _ S.Y. !: $ 2.50 $ 5,780.00 -_2312 4 SOD _ 356 S.Y. - "CURB & GUTTER -- _ 740 L.F. 6 - MOBILIZATION _- ! 1 , _ L.S. _ 7 MAINTENANCE OF TRAFFIC 1 --- L.S. - $ 2.50_1 $ 890.00 $ 9.00 $ 6,660.00 $ 2,000.00 _ $ - 2,000.00_ f $ 2,000.00` $ 2,000.00 8 - !GRADING f SITE PREP - 1 L.S. $ 5,000.00 $ 5,000.00 9 CLEARING & GRUBBING 0.5 t AC. $ 2,000.00 $ 1,000.00 Apr-07-99 05:31pm from-LAWSON,NOBLE B WEBB, INC 5616841812 T-297 P 04107 F-745 q r%v 1 1* PUBLIC FACILITIES IMPROVEMENT FUND CAPITAL OUTLAY STREET MAINTENANCE BE Sth Avenuve 1-67 , ZQa Currently evaluating test strips -no action P(A-" 2. NE 7th Avenue between SR 70 & 2nd (Kahootz) Overlay only V" 3. SW Sth Avenue between 21st Street and 19th Street (SW section) Overlay only 4. SW 1 gth Street between Sth Avenue and 3sd Avenue (Near new library) Overlay only NQ U-) �A��`'' S. SW 6th Avenue between 4th Street and 2nd Street (Honeybee Apartments) Overlay only "C (SLd& t(6, NW 13th Street and NW loth Avenue (Walpole/Industrial Park) New street construction 7_ SW 12th Avenue between SR 70 & 2nd (John's Auto Electric) New road with guard rails S. South Park Street (Downtown district) Mill and overlay center lanes only 9. NE 2nd Street between 441 & 4th Avenue (Bass Funeral Home) Mill and overlay center lanes only 10. SW 22d Avenue between SW 15th Street and SW 16th Street (New Library) New street construction-3 options available V-00. 0-�Aj-c� J,,A QV PC - cis Neu) co J �a �b ck,C,�j paa-qFSO-c M, lib ? S-Fks-� cA (ucc2d . 1 W 2 . W.k. JGUkt 11�� 4kU� nod + 3C A "REASONS FOR RESCUE TOOLS" I believe there are several reasons for our department to have the capability to perform rescue for the Citizens of our community. 1. If there was a building collapse either at construction site or a national disaster. 2. Grain elevator extrication in case a person was hurt inside of a hopper or on the conveyor belt, and we have to cut them out. 3. Hurricane or tornado when you have over turned house trailers, campers or people trapped under items which could get thrown around in a storm. 4. Impaled object such as pipes, steel rebar, or anything which could be impaled for any reason. 5. Doors such as steel or store front doors which have the long dead bolts. 6. Pipe leaks, gas lines, water lines by using the crimping tool. 7. Train wrecks, as most can cut a steel frame on most box cars. 8. Aircraft accidents 9. Car accidents 10. Semi or Bus accidents Depending on which rescue tools we purchase they also work under water up to 100 feet. So as you can see we have a need for these types of tools. U 7 Below is a standard pump which comes with standard type of Husrt style tools: Engine 2.5 to 6.5 HP pump hydrostatic 2 stage piston over piston. Below is a standard type cutter for a Hurst. This cuts with a scissors type of actions. Below is a standard type spreader which comes with Hurst type of tools. This opens like a scissors and will come off the surface and kick back on the operators. Below is a standard pump which Comes with a Champion tools Engine 9.5 HP Kawasaki Gear pump Below is the cutter which comes With the Champion tool. This cuts with the actions of crimping which is not a scissors actions Below is the standard spreader which comes with the Champion Tools. This has a double action which allows more force and open Straight which does not kick back and will stay on the surface • • COST COMPARISON BETWEEN HURST TYPE AND CHAMPION HURST TYPE EQUIPMENT POWER UNIT $3852.00 SPREADER $4258.00 CUTTER $3469.00 2-25' HOSE $724.00 1-100' HOSE $877.00 TOTAL $13,180.00 $13,180.00 X 2 = $26,360.00 CHAMPION TOOLS POWER UNIT $3495.00 SPREADER $4995.00 CUTTER $3895.00 1-50' HOSE $450.00 1-100' HOSE $850.00 TOTAL $13,685.00 $13,685.00 X 2 = 27,370.00 The yearly maintenance on the Hurst type of equipment will be around $120.00 per year and on the Champion tool there is no year maintenance. I believe we need this type of equipment in our Fire Department and have for some time. APR-16-99 09:58 AM C}�,QMPION.RESCUE.TOOLS 909 9* 0050 Fax FROM CMAMOAF MOVUF TOOLS 1495 west 9th Street, S040 101 Upland, CA 91786-5041 Phone. (900) 902-1126 (688) 398-2420 FAX (909) 982.0050 E-Meg: chemprooftts.not jP TO: Cbief Keith Tomey FROM: Tom Patton FAX: PAGES: 3 PHONE: DATE; April 16,19" COMMENTS: Monthly lease payment based on $259800 as follows: 24 months = $1,224.99 36 months = S852.99 48 months = S656.36 60 months = $560.64 PLEASE CALL IF YOU HAVE QUESTIONS THANKS P.01 agnJUM THIS FAX TRANSMISSION CONTAINS WMMAT10K WHICH 13 CONFm6NTTAL AND PRIVISOND BY I,AW. IF YOU ARE NOT THE IIQ 1WBD RBC?1T r. YOU SHOULD BE AWARE THAT ANY DISCIAIn7W COPYWO, DISTR>IIMM OR USE OFTM--uz.zea4, a OFTHUTRAN1MISSION ff You HAVBRBCEiVBDMs1XANSM1!151ONIN ERROR. FUME NOW-Y US MWEMATELY AT (SI!) 396-3410. 30 THAT WE MAY ARRANO$ TO RhTRMVE IT PROM YOU Xf NO COST TO YOU. TIMX YOU FOR YOUR COOPRMTIOW. A. • B. CJ C. Q CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD AGENDA CALLED MEETING TO ORDER PLEDGE OF ALLEGIANCE. BOARD MEMBERS AND STAFF ATTENDANCE: Chairperson Marsha Montesi Member Linda M. Ballinger Member Shirley Johnson Member Andrea Nelson Member Harrison O'Connor Member Matthew Seder Alternate Rennae Sweda Alternate Mack Worley Jr. Attorney John Cook Secretary Beatrice Castorina Code Enforcement Officer Jim Weeks SUMMARY CODE BOARD ACTION Chairperson Montesi called the meeting of April 13, 1999 to order at 7:04 p in Chair person Montesi led the Pledge of Allegiance. Present Present Absent Present (arrived at 7:15) Present (arrived at 7:10) Present (arrived at 7:05) Present (Acting for Member Johnson) Present (Acting for Member Palmore due to his death) Present Present Present EXHIBIT 3 1 of 3 Motion to dispense with the reading and approve Summary of Board Action Member Ballinger so moved to dispense with the reading and approve Summary of Board Actions for for March 9, 1999. March 9, 1999, seconded by Member Sweda. Montesi -Yes Ballinger -Yes Nelson - Yes O'Connor -Yes Seder -Yes Sweda-Yes Worley -Yes Motion Carried. 13.1999 AGENDA REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. 99-03-01 Sharon Nairnsey Abandon/Disable Property; Untended Thomas W. Gaughan vegetation/trash/weeds; Garbage/litter/rubbish; Box 817 Dangerous conditions; Public Nuisance and Cross City, FL 32628 needs general cleaning around trees and other • items on Lots 3 and 4, Block 174 City of Okeechobee. Sharon is part owner of this property and since we send notices to the prorety owner and address in the tax roll she was not notified until Tommy called and asked me to send her a copy of the order (he gave me her name and address). She would like to address the Board on this matter. 98-08-2 Marvin Brantley Box 1051 Okeechobee, FL 34973 2 of 3 CODE BOARD ACTION Attorney Cook requested an addition to the agenda to discuss the issue of the on going lien against Marvin Brantley's Property. Mrs Nairnsey was not present. Attorney Cook advised to cite the property and send the citation to Mrs Nairnsey. Item Added to the Agenda. Attorney Cook brought the new code board members up to date on the status of the Brantley Violation No. 98-08-2. He explained the Code Board cited Mr. Brantley's on (date of citation). Mr. Brantley came to the (date of meeting) Code Board Meeting and requested sixty days to bring the property in compliance. The Board granted the request. Code Officer Weeks checked the property at the end of the sixty days and found that it was not in compliance. As directed, a fine of two hundred fifty dollars ($250.00) per day was assessed beginning October 16, 1998. According to Florida Statute 162, after ninety days alien is imposed, the City may chose to options to enforce the lien. These options are as follows: Filling a foreclosure against the property. 2. Seek to enforce the lien, like any civil judgement. 3. The City can go onto the property and do what is necessary to bring it in compliance and bill the property owner for the work done. 1999 ISO 'ti 12 ! Paee 2 of 3 AGENDA REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. 99-03-01 Sharon Nairnsey Abandon/Disable Property; Untended Thomas W. Gaughan vegetation/trash/weeds; Garbage/litter/rubbish; Box 817 Dangerous conditions; Public Nuisance and Cross City, FL 32628 needs general cleaning around trees and other • items on Lots 3 and 4, Block 174 City of Okeechobee. Sharon is part owner of this property and since we send notices to the prorety owner and address in the tax roll she was not notified until Tommy called and asked me to send her a copy of the order (he gave me her name and address). She would like to address the Board on this matter. 98-08-2 Marvin Brantley Box 1051 Okeechobee, FL 34973 CODE BOARD ACTION Attorney Cook requested an addition to the agenda to discuss the issue of the on going lien against Marvin Brantley's Property. Mrs Nairnsey was not present. Attorney Cook advised to cite the property and send the citation to Mrs Nairnsey. Item Added to the Agenda. Attorney Cook brought the new code board members up to date on the status of the Brantley 10olation No 98-08-2. He explained the Code Board cited Mr. Brantley's on June 11, 1998 TIVIr. Brantley came to the August 11, 1998 Code Board Meeting and requested sixty days to bring the property in compliance. The Board granted the request. Code Officer Weeks checked the property at the end of the sixty days and found that it was not in compliance. As directed, a fine of two hundred fifty dollars ($4-0.00) per day was assessed beginning October 16, 1998. According to Florida Statute 162, after ninety days a lien is imposed, the City may chose to options to enforce the lien. These options are as follows: Filling a foreclosure against the property. 2. Seek to enforce the lien, like any civil judgement. 3. The City can go onto the property and do what is necessary to bring it in compliance and bill the property owner for the work done. AGENDA 98-08-2 Marvin Brantley Box 1051 Okeechobee, FL 34973 L� C. ADJOURNMENT - CHAIRPERSON MONTESI • 1999 LZASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A tape recording of this meeting is on Me in the City Clerk's office. Marsha Montesi, Chairperson ATTEST: Bea Castorina, Secretary 3of3 CODE BOARD ACTION Discussion ensued. Upon Attorney Cook's recommendation, Member Worley moved to recommend to the City Council to take whatever means necessary to collect the fine. To request the Fire Chief to enforce any fire regulations continually and Public Works Director to contact the Department of Transportation in regards to enforcing the right-of-way; seconded by Council Member Ballinger. Montesi -Yes Ballinger -Yes Nelson - Yes O'Connor -Yes Seder -Yes Sweda-Yes Worley -Yes Motion Carried. There being no further items on the agenda, Chairperson Montesi adjourned the meeting at 7:30 p.m. . t ��' � ,� �„ r "'ak �� .. r 1r � ?� � j0, M wi ■ -. s a.J. NIv.�fi '•",� O' �l"'.ua��gqa �s��"•'tCW • w .+ Y .+ry h� yy��v ., - YA � F � Q at��, �P=�� l5 F . Ad h4i '.' tl ,7,E a f�+ l ,�'q l+k. M+" „d v�{SP• xx�SM^Y m n �' r