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1994-05-03330 CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION A. Call regular meeting to order on May 3, 1994 at 7:00 P.M. B. Invocation offered by Reverend Ken McDuffie; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council attendance: Mayor James E. Kirk Councilmember Danny P. Entry Councilmember Michael G. O'Connor Councilmember Jerry E. Walker Councilmember Dowling R. Watford, Jr. Staff attendance: Attorney John R. Cook Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea D. Motion to dispense with reading and approve the Summary of Council Action for the regular meeting of April 19, 1994. Mayor Kirk called the regular City Council meeting to order on May 3, 1994 at 7:03 p.m. The invocation was offered by Councilmember Watford; Pledge of Allegiance was led by Mayor Kirk. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present Councilmember Entry made a motion to dispense with reading and approve the Summary of Council Action as corrected for the regular meeting of April 19, 1994; seconded by Councilmember O'Connor. Correction noted on page seven, paragraph five, motion was made by Council - member Watford, seconded by Councilmember Walker. PAGE 1 OF 13 331 D. Approval of minutes continued: REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. E. OPEN PUBLIC HEARING 1. a. Motion to read by title only, and set May 17, 1994 as a public hearing date, Ordinance 668 - City Attorney (Exhibit 1). MAY 3, 1994 - REGULAR MEETING - PAGE 2 OF 13 Vote on motion is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Mayor Kirk asked if there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. Mayor Kirk opened the Public Hearing at 7:06 p.m. Councilmember O'Connor made a motion to a read by title only, and set May 17, 1994 as the public hearing date, (proposed) Ordinance 668; seconded by Councilmember Entry. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 668 by title only as follows: "AN ORDINANCE ADOPTING CITY OF OKEECHOBEE WATER AND WASTEWATER DESIGN AND IMPROVEMENT STANDARD; PROVIDING FOR SEVERABILITY• PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE." X X X X X X X X X X 332 E. PUBLIC HEARING b. Motion to approve the first reading of Ordinance 668 c. Public comment. MAY 3, 1994 - REGULAR MEETING - PAGE 3 OF 13 Councilmember O'Connor made a motion to approve the first reading of (proposed) Ordinance No. 668; seconded by Councilmembers Entry and Watford. Mayor Kirk ased if there were any comments or questions from the public. Ther were none. Mayor Kirk asked for any questions from the Council. Administrator Drago responded to Councilmember Watford's questions, stating these two ordinances are the Land Development Regulations for Public Works (addressing subdivisions) and Public Utilities (addressing water and sewer guidelines for developments). Engineer Reese and Engineer Willard prepared the Public Utilities ordinance and Engineer Willard, Public Works Director Elders and Administrator Drago prepared the Public Works ordinance. Councilmember Watford stated that on several pages of the proposed ordinance it is indicated that the approval of certain items is to be made by the City Administrator, questioning if that was the correct person to make the approvals. Administrator Drago explained that Appendix A is the only area the City Administrator can amend. The Department Head will recommend what items should be approved, forward them to the City Administrator who will meet with the engineer and give a final approval. Councilmember Watford asked if there was an area in the proposed ordinance for "share cost"? Administrator Drago explained the item would be addressed in the Developers Agreement, not in the regulations. 333 E. PUBLIC HEARING d. Vote on motion. 2. a. Motion read by title only, and set May 17, 1994 as a public hearing date, Ordinance 669 - City Attorney (Exhibit 2). b. Motion to approve the first reading of Ordinance 669. MAY 3, 1994 - REGULAR MEETING - PAGE 4 OF 13 Vote on motion is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Councilmember O'Connor made a motion to read by title only, and set May 17, 1994 as a public hearing date (proposed) Ordinance No. 669; seconded by Councilmember Entry. KIR K ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 669 by title only as follows: "AN ORDINANCE ADOPTING CITY OF OKEECHOBEE SUBDIVISION REGULATIONS AND SUBDIVISION DESIGN STANDARDS: PROVIDING FOR SEVERABILITY: PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE- AND PROVIDING FOR AN EFFECTIVE DATE." Councilmember Entry made a motion to approve the first reading of (proposed) Ordinance No. 669; seconded by Councilmember O'Connor and Walker. X X X X X X X X X X 334 E. PUBLIC HEARING 2. c. Public comment. d. Vote on motion. MAY 3, 1994 - REGULAR MEETING - PAGE 5 OF 13 Mayor Kirk asked if there were any questions or comments from the public. There were none. Mayor Kirk asked for any questions from the Council. Councilmember Watford questioned, a development could have a private street? Administrator Drago answered, yes, this is for a "gate development" the streets would have to be to City specifications, however, they would be maintained by the development. Council discussed "open spaces and public sites" for new developments. This is one.Fthe requirements in the City's Comprehensive Plan. Council also discussed the item of "Hardships," Chapter One, page twenty-one. Following lengthy discussion Mayor Kirk advised the Council, to give the hardship item a lot of thought, if they want to keep the language as proposed or delete it. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. CLOSE PUBLIC HEARING 11 Mayor Kirk closed the Public Hearing at 7:34 p.m. 335 F. NEW BUSINESS a. Motion to remove from the table the warrant registers for March, 1994. b. Motion to approve warrant registers for March, 1994: General Fund ......... $212,502.81 Public Utilities ........ $569,794.36 2. Motion to approve Beverly Fell as a new Dispatcher - Police Chief. MAY 3, 1994 - REGULAR MEETING - PAGE 6 OF 13 Councilmember Watford made a motion to remove from the table the Warrant Registers for March '1994; seconded by Councilmem ber Entry. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. Councilmember Watford made a motion to approve Warrant Registers for March 1994 in the amounts, General Fund two hundred twelve thousand, five hundred two dollars, eighty-one cents ($212,502.81) and Public Utilities Fund five hundred sixty-nine thousand, seven hundred ninety-four dollars, thirty-six cents ($569,794.36); seconded by Councilmember Walker. KIR K X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. Counciimember O'Connor made a motion to approve Beverly Fell as a new dispatcher; seconded by Councilmembers Entry and Watford. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 336 F. NEW BUSINESS 3. Motion to appoint Jeff Varri to the Firefighters Pension Board until September 30, 1995 - Fire Chief. 4. Hear from Mr. J.A. Tootle regarding the intersection of N.W. 4th Avenue and N.W. 7th Street - Mr. J.A. Tootle (Exhibit 3). MAY 3, 1994 - REGULAR MEETING - PAGE 7 OF 13 Councilmember O'Connor made a motion to appoint Jeff Varri to the Firefighters Pension Board until September 30, 1995; seconded by Councilmember Watford. KIR K ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Mayor Kirk turned the floor over to Mr. J.A. Tootle to discuss with the Council an item regarding the intersection of Northwest 4th Avenue and Northwest 7th Street. Mr. Tootle requested in his letter (Exhibit Three) that the Council abate a nuisance, he felt was caused, approximately sixty years ago by the City when a drainage ditch was installed along Northwest 7th Street . The reason Mr. Tootle stated, "this drainage ditch is a nuisance. He cannot get to his property (Block 61 Lots 3 to 6 City of Okeechobee subdivison) because Northwest 4th Avenue is not an open road North of 7th Street." Council and those present watched a video of the area that had been recorded by the City. Council discussed various solutions to Mr. Tootle's problem. Director of Public Works presented the Council with a map showing the property. Attorney Cook read to the Council of Section 13-9 "Streets and Sidewalks" in the City's Code Book: "AII opening and construction of unimproved roads and providing of drainage for any city street shall be at the expense of the developer or owner of the property needing said improvements and according to the specifications of the city as prepared by the director of public works and the city's consulting engineer." He then advised the Council not to pay for the installation of a culvert across the drainage ditch, that the expense was Mr. Tootle's according to City ordinance. X X X X X 337 E. NEW BUSINESS 4. Hear from Mr. J.A. Tootle regarding the intersection of N.W. 4th Avenue and N.W. 7th Street continued: 5. Hear from Mr. J.A. Tootle regarding a complaint against the Police Chief - Mr. J.A. Tootle (Exhibit 4). MAY 3, 1994 - REGULAR MEETING - PAGE 8 OF 13 Discussion ensued, Mayor Kirk called for a motion three times. No motion was put on the table, therefore, if Mr. Tootle would like a culvert installed in the drainage ditch along Northwest 7th Street at the intersection of 4th Avenue, it will have to be at Mr. Tootle's expense. Mayor Kirk turned the floor over to Mr. J.A. Tootle to discuss a complaint against the Police Chief Mobley. Mr. Tootle advised the Council, on the same property discussed earlier, he has trailers and miscellaneous items in and around the trailers. He found some copper wire gone and called the police to report it. He advised the police officer who was taking his report that there were various "hippie" campgrounds near his property and asked that the officer search their campground. Officer Russell did search the area, Mr. Tootle stated he °looked around", it was not a "search" in his opinion. Mr. Tootle then spoke with the officer's supervisor, Sergeant Smith, who also searched the area. He stated the police department was not doing their job and Chief Mobley would not listen to him. In closing, he stated to the Council, "I expect you to tell the Police Chief to uphold the law." Mayor Kirk asked Chief Mobley if he would like to speak. Chief Mobley stated Mr. Tootle's property where the copper wire was taken from was located near the railroad tracks and as everyone is aware, transient's camp near areas like that using the trains to get from town to town. One in particular, "George" known to the community as the ubag man has been camping in that area. Officer Russell searched George's camp by the law, as did Sergeant Smith. Mr. Tootle went back to the police station, after the officers had left, and again complained that a "proper" search had not been done. Sergeant Smith took Mr. Tootle back to George's campground and they both searched, nothing was found. This is against policy and I have spoken with the Sergeant about it, a "victim" is not permitted in the "suspects" area. Mr. Tootle approached me in the NAPA store stating he had a complaint, I told him my office was open any time, he started right then about the search that was not done properly in his opinion. 338 E. NEW BUSINESS 5. Hear from Mr. J.A. Tootle regarding a complaint against the Police Chief continued: 6. Motion to award a demolition contract to Kimmins Contracting Corp. in the amount of $73,050.00 - City Administrator (Exhibit 5). 7. Motion to approve a partial pay request to HCE Electric in the amount of $88,236.00 - City Administrator (Exhibit 6). MAY 3, 1994 - REGULAR MEETING - PAGE 9 OF 13 Chief Mobley continued, he told Mr. Tootle he would investigate the situation. He then spoke with Officer Russell and Sergeant Smith and was advised of the details as stated above; there was not enough probabile cause to search George's personal bag. He went back to Mr. Tootle and tried to speak with him, Mr. Tootle would not listen to what he had to say, therefore, he left. No further discussion on this item. No off ical action taken. Councilmember Entry made a motion to award a demolition contract to Kimmins Contracting Corp in the amount of seventy-three thousand, fifty dollars ($73,050.00) (for the demolition of the old wastewater treatment plant, as recommended by Engineer Willard of Knepper & Willard); seconded by Council - member Watford. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Councilmember Entry made a motion to approve partial pay request (number four) to HCE Electric in the amount of eighty-eight thousand, two hundred thirty- six dollars ($88,236.00) (for the SCADA System as recommended by Engineer Reese of RMA, Project No. 93-109); seconded by Councilmember Watford. Engineer Reese stated tonight May 3, 1994, was to be the first trial run for the new water plant, that it was to run all night. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. X X X X X X X X X X 339 F, NEW BUSINESS 8. Motion to approve a partial pay request to Butler Con- struction Co. in the amount of $136,794.17 - City Admin- istrator (Exhibit 7). Motion to approve a partial pay request to R.P. Hamby, Inc. in the amount of $15,326.94 - City Administrator (Exhibit 8). 10. Motion to adopt Resolution 94-13 - City Administrator (Exhibit 9). MAY 3, 1994 - REGULAR MEETING - PAGE 10 OF 13 Councilmember O'Connor made a motion to approve partial pay request (number eleven) to Butler Construction Co. in the amount of one hundred thirty- six thousand, seven hundred ninety-four dollars, seventeen cents ($136,794.17) (for the Ground Water Treatment Plant - Phase I as recommended by Engineer Reese of RMA, Project No. 92-158); seconded by Councilmember Walker. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Councilmember O'Connor made a motion to approve partial pay request (number four) to R.P. Hamby, Inc. in the amount of fifteen thousand, three hundred twenty-six dollars, ninety-two cents ($15,326.92) (for Sidewalk Improvements - Phase 2, as recommended by Engineer Willard of Knepper and Willard, Project No.7218.93); seconded by Councilmember Entry. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Attorney Cook read proposed Resolution 94-13 by title only as follows: "A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE ADJUSTMENT CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT." X X X X X 340 F. NEW BUSINESS 10. Motion to adopt Resolution 94-13 continued: 11. Consider an alley closing request from Elaine Vanderhelm, American Land Trust, Inc. and Richard Vest for Block 29, City of Okeechobee Subdivision - City Clerk (Exhibit 10). MAY 3, 1994 - REGULAR MEETING - PAGE 11 OF 13 Councilmember Entry made a motion to adopt (proposed) Resolution No. 94-13; seconded by Councilmember O'Connor. Administrator Drago stated he wanted to thank Senator Dantzler, with his help, the initial cost to the City to relocate the water main was reduced by one hundred seven thousand dollars ($107,000.00). KIR K ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Council considered and discussed an alley closing application from Elaine Vanderhelm, American Land Trust, Inc. and Richard Vest for Block 29, City of Okeechobee subdivision. Councilmember Entry moved to direct Attorney Cook to draft an ordinance closing the alley in Block 29, City of Okeechobee subdivision to be placed on the agenda for first reading at the next regular meeting; seconded by Council - member O'Connor. Mayor Kirk commented he did not know if any more alley's should be closed due to potiential future growth of the City. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. X X X X X X X X X X 341 F. NEW BUSINESS 12. Motion to approve a partial pay request to CenState Contractors, Inc. in the amount of $46,235.87 - City Administrator (Exhibit 11). 13. a. Motion to remove from the table the Director of Public Utilities position. b. Discuss the Director of Public Utilities position - Mayor Kirk. MAY 3, 1994 - REGULAR MEETING - PAGE 12 OF 13 Councilmember Watford made a motion to approve partial pay request (number three) to CenState Contractors Inc in the amount of forty-six thousand two hundred thirty-five dollars, eighty-seven cents ($46,235.87) (for Water Distribution System Improvements as recommended by Engineer Reese of RMA); seconded by Councilmember O'Connor. KIR K ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Councilmember O'Connor made a motion to remove from the table the Director of Public Utilities position; seconded by Councilmember Watford. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Mayor Kirk opened the floor for discussion or motion for the Director of Public Utilities. Councilmember Entry noted the Council had received the background check on one of Mr. Gilbert Sowder's previous employers. Councilmember O'Connor made a motion to hire Mr. Wayne Jones for the position of Director of Public Utilities: seconded by Councilmember Watford. Councilmember Watford commented, this is a very hard decision, we have received a lot of information on the three candidates. Discussion ensued. Councilmember O'Connor called the question. X X X X X X X X X X 342 F. NEW BUSINESS 13. b. Director of Public Utilities position continued ADJOURNMENT Mayor Kirk: NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE A THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON V)Ik CK THE APPEAL IS BASED. James E. Kirk. MAYOR ATTEST: Bonnie •S Thomas, CMC CITY CLERK . . MAY 3, 1994 - REGULAR MEETING - PAGE 13 OF 13 Vote on motion is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 9:01 p.m. X X X El X I • • Z KJ A AN owmANCE ADOPTING CIiY OIr moscaom wATER AND BENIGN AND M S'TANDAR1 * FOR SEVERASRM-9 P RIG hQt REPRAL OF CONPLICTM ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. y 5 e b ! lYmQtzox. lad k o� t _.:If- /O f -L /*' ? �'0'�u( ��GI J �O'LG/N `//✓ _l7iLt.�(i� I%F/ _ " du) moan YI/u A 0 - W- -AQL AN ORDINANCE ADOPTING CITY OF OKEECHOBEE SUBDIVISION REGULATIONS AND SUBDIVISION DESIGN STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF _ CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. I f4 4 � f • A f _w._ d . AJ ew RUSi,r Jogs Q . �Y1o-hQn d-0 1Lmw2 �cont -k4u -}Ct�ite. 6.� b mch)C-qclw b Q— 9cincl �Z/21,5 oz . st 4. Ch wa , ,IQ Yam. 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CQt* 6c-33zot-zA 'CGuneJ go V�K6 0UL w nth., • CLqa.uU�t A"-O— co una"—d4pij Stu c,O� 7L/t /-»o.Q. J&A4 dd&k d G►-.Q� kD X.- o +D Ktkc Ou4A+ �A� Uoaty_ 0-I'k-- &t A - bvo Gdy �' -- • . m a fnauDw C--fo Q Gym ez &4t )66 ✓ 1' o 6L Pakjt�y Aoy ALPtaL to AU airxUA.t- �,�. oc) Zn d C� vor� • C� �o rnna.Q a �f■r� Qg ,o YY�LQn �tJz2 j6T7�f 9• ° n-tC� Q /a'>Qtt� %Jay ivy- 1 IA - PYIr • mo /1lpQQ. � MC .h.an)dO-t 44&-K vo-� ao ( d c SC Crn d ort c� _ _ _ no Co 4 pKEE�y CITY OF OKEECHOBEE CITY COUNCIL MEETING OFFICIAL AGENDA 'cLORtOA A. Call Meeting to order on May 3, 1994, at 7:00 p.m. 10 B. Invocation offered by Reverend Ken McDuffie; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Councilmember Danny P. Entry Councilmember Michael G. O'Connor Councilmember Jerry E. Walker Councilmember Dowling R. Watford, Jr. Staff Attendance: City Attorney Cook City Administrator Drago City Clerk Thomas Deputy Clerk Gamiotea D. Motion to dispense with reading and approve the Summary of Council Action for Meeting of April 19, 1994 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA OPEN PUBLIC HEARING 1. a. Motion to read by title only, and set May 17, 1994 as a public hearing date, Ordinance 668 City Attorney (E-1) b. Motion to approve the first reading of Ordinance 668 C. Public comment d. Vote on motion 2. a. Motion to read by title only, and set May 17, 1994 as public hearing date, Ordinance 669 City Attorney (E-2) • b. Motion to approve the first reading of Ordina nce 669 C. Public comment d. Vote on motion CLOSE PUBLIC HEARING New Business 1. a. Motion to remove from the table the warrant register for March, 1994 • b. Motion to approve warrant registers for March, 1994 General Fund ........ $212,502.81 Public Utilities ....... $569,794.36 2. Motion to approve Beverly Fell as a new Dispatcher - Police Chief 3. Motion to appoint Jeff Varri to the Firefighters Pension Board until September 30, 1995 - Fire Chief 4. Hear from Mr. J.A. Tootle regarding the intersection of N.W. 4th Avenue and N.W. 7th Street Mr. J.A. Tootle (E-3) 5. Hear from Mr. J.A. Tootle regarding a complaint against the Police Chief - Mr. J.A. Tootle (E-4) 6. Motion to award a demolition contract to Kimmins Contracting Corp. in the amount of $73,050.00 City Administrator (E-5) 7. Motion to approve a partial pay request to HCE Electric in the amount of $88,236.00 City Administrator (E-6) 8. Motion to approve a partial pay request to Butler Construction co. in the amount of $136,794.17 • City Administrator (E-7) 9. Motion to approve a partial pay request to R.P. Hamby, Inc. in the amount of $15,326.94 City Administrator (E-8) 10. Motion to adopt Resolution 94-13 - City Administrator (E-9) 11. Consider an alley closing request from Elaine Vanderhelm, American Land Trust, Inc. and Richard Vest for Block 29, City of Okeechobee Subdivision - City Clerk (E-10) 12. Motion to approve a partial pay request to CenState Contractors, Inc. in the amount of $46,235.87 • City Administrator (E-11) 13. a. Motion to remove from the table the Director of Public Utilities position b. Discuss the Director of Public Utilities position - Mayor Kirk ADJOURNMENT NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MAKE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED (October 20, 1993, thru May 20 wealth Boukvard, M.S. 630, Tally NOTICE OF ZONING (PERMITTED 'USE) CHANGE The City of Okeechobee proposes to change the permitted use of the land within the area show on the map in this advertisement. A public hearing on the changes in permitted use will be held on Tuesday, May 3, 1994 at 7:00 p.m. at Municipal Centre Chambers, Rm 200, 55 SE 3rd Ave., Okeechobee, FL 34974. - % Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a ver- batim record of the proceedings is made, which record includes the tes- timony and evidence upon which the appeal is to be based.. %1*0 �--L11EGEND u Shale FsAy RM WN-Femly Commercial Industrial Pak Fac itles • fistorlc Sites FUTURE LAID USE: 2000 CITY OF OKEECHOBEE w� �/�• F�..I q sM IYiM...N. wrw, M �tiMlor a_R�r.e3s- • • E -' ORDINANCE NO. 668 AN ORDINANCE ADOPTING CITY OF OKEECHOBEE WATER AND WASTEWATER DESIGN AND EWPROVEMENT STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS Chapter 163 F.S. requires local governments to adopt local regulations that Implement adopted Comprehensive Growth Management Plans; WHEREAS The City of Okeechobee has adopted a Comprehensive Growth Management Plan in accordance with Chapter 163 F.S. entitled City of Okeechobee Comprehensive Plan; and WHEREAS The attached standards to be adopted by reference partially fulfill the Chapter 163 F.S. requirements to adopt local regulations and standards consistent with and implementing the City of Okeechobee Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, in regular session as follows: Section 1- In the "Code of Ordinance, City of Okeechobee, Florida, General Ordinances of The City" the following sections shall be repeated: a. - Section 7.2 Provisions for Fire Hydrants within the City Fire District. b. - Section 18-35 Backflow Prevention Devices Required; all cross -connections prohibited. c. - Section 18-37 Extension of Water System. d. - Section 1840 Installation of New Fire Hydrants e. - Section 18-61(e) Extension of Public Sewers. f. - Section 18-62 Private Sewage Disposal Section 2 - The attached document entitled "City of Okeechobee, Florida Unified Land Development Code, Water and Wastewater Design and Improvement Standards" Sections 2.00.00 through 2.01.03 (hereinafter referred to as the standards) is hereby made part of this ordinance and adopted by reference. Section 3 - Severability Clause: Should any provision or section of this ordinance or the standards adopted by reference and attached to this ordinance be held by a court of competent jurisdiction to be unconstitutional and invalid, such decision shall not affect the validity of this ordinance or the standards as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. Section 4 - All other ordinances or parts of ordinances in conflict with this ordinance or the standards adopted by reference are hereby repealed. Section 5 - This ordinance shall take effect upon adoption by the City Council. Introduced for first reading and set for final public hearing this 3rd day of May. 1994. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC City Clerk Passed and adopted on second reading and final public hearing this 17th day of Mav, 1994. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC City Clerk ORDINANCE NO. 669 AN ORDINANCE ADOPTING CITY OF OKEECHOBEE SUBDIVISION REGULATIONS AND SUBDIVISION DESIGN STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS Chapter 163 F.S. requires local governments to adopt local regulations that implement adopted Comprehensive Growth Management Plans; WHEREAS The City of Okeechobee has adopted a Comprehensive Growth Management Plan in accordance with Chapter 163 F.S.entitled City of Okeechobee Comprehensive Plan; and WHEREAS The attached standards to be adopted by reference partially fulfill the Chapter 163 F.S. requirements to adopt local regulations and standards consistent with implementing the City of Okeechobee Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, in regular session as follows: Section 1 - In the "Code of Ordinance, City of Okeechobee, Florida, General Ordinances of the City" Chapter 14 - SUBDIVISIONS shall be repealed: Section 2 - Ordinance Number 398 and Ordinance Number 580 shall be repealed. Section 3 - The attached document entitled "City of Okeechobee, Florida Unified Land Development Code, Subdivision Regulations and Standards for Design Construction and Maintenance of City Streets" Sections 3.00.00 through 3.10.03 (hereinafter referred to as the regulation) is hereby made part of this ordinance and adopted by reference. Section 4 - Severability Clause: Should any provision or section of this ordinance or the regulations adopted by reference and attached to this ordinance be held by a court of competent jurisdiction to be unconstitutional and invalid, such decision shall not affect the validity of this ordinance of the regulations as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. Section 4 - All other ordinances or parts of ordinances in conflict with this ordinance or the regulations adopted by reference are hereby repealed. • • Section 5 - This ordinance shall take effect upon adoption by the City Council. Introduced for first reading and set for final public hearing this 3rd day of May. 1994. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC City Clerk Passed and adopted on second reading and final public hearing this 17th day of May, 1994. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC City Clerk 6* /G 14y�' • 4czt � o 0 d /' zv E-q a c5eaotk Knepper&willard i; C. April 18, 1994 Honorable Mayor and City Council City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-2932 Re: Old Wastewater Treatment Plant Demolition, PU-02-00-02-94 K&W Project No. 7220-93 Gentlemen: On April 7,1994, bids were received and opened for the referenced project. A total of six bids were submitted, one of which was subsequently withdrawn. Enclosed is a bid tabulation of the other five (5) bids. The low responsive bidder is Kimmins Contracting Corporation in the amount of Seventy -Three Thousand, Fifty Dollars ($73,050.00). Second low bidder is Phoenix Wrecking Corporation in the amount of Eighty -Four Thousand, Seven Hundred -Sixty Dollars ($84,760.00). Kimmons Contracting Corporation is experienced in providing demolition services, and it is my professional opinion that they are qualififed to perform this project. Kimmins Contracting Corporation is currently under contract with the City to demolish an elevated wager tank. Further, they successfully demolished an existing wastewater treatment plant in Hillsborough County, for which Knepper & Willard, Inc, was the engineer. Work on that project was satisfactory. We understand from Reese, Macon and Associates that Kimmins' work on the demolition of the existing City tank has also been satisfactory. Therefore, we recommend that the contract for the demolition of the Old Wastewater Treatment Plant be awarded to Kimmins Contracting Corporation in the amount of Seventy -Three Thousand, Fifty Dollars ($73,050.00). Very truly yours, Daniel S. Willard, P.E. President/Principal Engineer Pm �1. Rcckv =:inr Crke VVes- "illsborcugn ; ?13) 281-0120 -u+re t85 ?inellcs ;813) 821-3291 icmcc. Flcndc 33c07-905 FAX ;913` 281-1156 BID TABULATION OLD WWTP DEMOLITION City of Okeechobee PU-02-00-02-94 Bid Date: April 7, 1994 3:00 P.M. local) BIDDER MOBILIZATION/ DEMOBILIZATION DEMOLITION INDEMNIFICATION TOTAL Kimmins Contracting Corp. $7,500.00 $65,540.00 $10.00 $73,050.00 Phoenix Wrecking Corp. $7,500.00 $77,250.00 $10.00 $84,760.00 Frederico Equipment Co. $15,000.00 $111,390.00 $10.00 $126,400.00 Rocky -A -Way, Inc. $3,575.00 $153,604.90 $10.00 $157,189.90 CenState Contractors, Inc. $20,000.00 $170,000.00 $10.00 $190,010.00 This is to certify that the above is a true and correct tabulation of sealed bids received and publicly read aloud at City Hall, 55 S.E. Third Avenue, Okeechobee, Florida for the City of Okeechobee at 3:00 p.m. (local time), April 7, 1994. KNEPPER & WILLARD, INC Engin Daniel S. Willard, P.E., License No. 20597 211-11 Date Knepper&Willard, inc. IY r-I 6MA N h Ate ►1 �1 Cp I Iw ua�'q ao• �www�a`��• `��a1°o. ooAamma. ww aRaa~non in $ �oxxxxsIrt� •0000no oog mmou m m N AWNI'HmI v m 000 m rt 0 O o N•ogGW rtr�tawa�p� �o 0 10 N ir�1 irl rt� jort ►'i ��'L�7t p 1 ftrtrat0 rt itn K o ti m a ►i cmp O N�o ry I �A�Co NFCW W'drot r•FPJ ►i m�tra P. pall aq old rt OR rt rt H1 Gl WCf •H IH F(�1 1 ��r1}t ►t aM rt�ftl0 it rtin�iA°~ct�0a�po o O 1010 1 l-a►e m 0 N ry 0104 � rt rtrl rmi P.&H o C 11 ° : o�w +roc�o�0 �.� ~►°e 5 Ewa �a�� �~ �Ul gI 001pp'H0rr 0 no�aa �} p 10 M�u. rd a Igo P- t1 0 01 w1 l0 FLt 10 b YOI �F `oo 0 •ro roro 00 5 b �O W10 viro rt �o oa x rt�pl ~yy�s' IN rt o n a� � d mrt rt r W m 0 0 o M ((pt0M ►{ FJ N parrnn Fl w- w W ro 00 In O to O x w O w 0% tf to _ Y ►e M A C M _ A w �4tevew UP1rpPORW i►R�Fi o ow 70 V ragta- 0 aaawy'IFy++wp0gp �in O O AiMp9�ArpeabHMttn '+f nA►t��}CAi�ngap�s4 Ct7°w °x nnnpAHH►ta�'o.y►rots ro d� `'o x���e�'t a rt►+ a n � Y p 0 0 0 0" A t ft 00 0 A A o�.A a WNw�0 V- A 0 '0 M a A rt li O OWHA00`1Vaan0A�n0 °�'v.caao.AIanura0 tOri605. to p �N$o N ffin M ►Ot i7 O NO M i+•p.A H N Oil0a�wMHrptAdA�4'p xvrt 041-0p ano A Arjtrptt ts 0AtJHp.attrat at 0 F+'O a a � �' o rt to P. O aatt rr 1n{ rtM y AMH►A�OpMnOrHMr gMttPQnpK r*Aa, FA . a V O O-ia q 5. C't A n ttaa0p. rtA HpNO o A'Of rrt M a U a m A p K a ►`�+t a a;p �l O d ►emse�++ rt Yp M ►nt pPrR Mta1M;H L940 A IIWa.to a p -0." O t C60 H Aq r*H N wwtit7MGe�•v� p7 aOt7aM+AaAa0t7�G�e NH Hn.a nAaa A o A ra t,attNtta0r�0a. aaOpM�tTM O.AP• at0rt��r'F•°b• •�t0�aMo „ area+°a IA .0 a .0 N � ox Hry�t n ,• ' Fr X► A r•NA rtrP m z. AI O O" 3 J 0 a O 3v w w� A rt o. to H b �m r goo W r+ It A q F•� O H 5 n APPLIC.- X'ION FOR PAYMENT 'INO. 4 TO ITY Of OKEECH08EE kki Ty IN CIXV Contract for SIDEWALK IMPROVEMENTS, PHASE 2 OWNER's Contract No. P'W-01-00-02-93 ENGINEER'S Project No. 72.18.93 For Work accomplished through the date of April 28. 1994 ITEM CON T RACTOR's Schedule of Values Work Completed Unit Price Quantity Amount Quantity Amount I. Sidewalk $ 19.49 1400 S.Y. $ 27,286.00 1220.889 S.Y. 23,795.12 2. Site Restoration 5,900.00 LUMP SUM 51900.00 158.39% 9,344.87 3. Sidewalk Z1.49 790 S.Y. 16,977.10 591.11 S.Y. 12,702.96 Total-tOri4'1nal �Coritractj S 50,163.10 13;872.00 S 46,482.94 1Z',454.11 C.O. No., 1 SW 15th St. C.O. 19.49 711.749 639.0 S.Y.. No. 2 SW 7th Ave.: Sidewalk • Site Restoration 19.49 7,668.69 1584.44 S.Y. LUMP SUM 30,880.74 807.56 S.Y.' 15,739.26 Total Contract with I 7,668.69 �._` 266.61 S.Y.I 1,290.67 Change Orders $102,584.53 ( t Accompanying Documentation: ( GROSS AMOUNT DUE .............. $ 75,326.98 LESS 10 % RETAINAGE .`..... $ 1, To2.99 AMOUNT DUE TO DATE ............ $ 73,623.99 LESS PREVIOUS PAYMENTS ............ 8,297.05 AMOUNT DUE THIS APPLICATION .... $ 5,326.94 " On Change Order No. .2 amount only. CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that: (I) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in fitil all obligations Of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered I through inclusive; (2) title to all Work, materials ;Ind equipment incorporated in said Work or otherwise listed it) or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, secutity interest and encumbrinces (except such AS are covered by Bond acceptable to OWNER indemnifying OWNER against any such lien, claim, security interest'or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not clejecrive as that term is defined in the Confrnct Documents. R.P. HAMBY, INC. 7256—A WESTPORT PLACE. - Dated 19 WEST PALM BEACH, FL..'33k�t3''' n CONTRACTO / R • - By Knauer &WIC I1ASnt;ttircj-. . Payment of the above/AMOUNT DUE THIS APPLIQ'NlR �FWM �n Dated r• / 4'7 , 19 Q¢' 'INFER B y V���C�"'! EJCDC No. 1910-8.E (1990 Edition) (Authorized Signature) Prepared by the Engineers Joint Contract Document+ Comnliuee and endorsed by The Associated GcnG,hl Coat,odor-s of America. FORM 723-36 • 1-83 PAGE 1 OF 1 0 E-9 State of Florida Department of Transportation Division of Preconstruction & Design CITY RESOLUTION UTILITY INDEMNIFICATION AGREEMENT COUNTY SECTION UTILITY JOB NO. STATE RD. NO. COUNTY NAME PARCEL & R/W JOB NO. 91 070 6516 70 Okeechobee 1 N/A A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE ADJUSTMENT, CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION NO. 94-13 ON MOTION OF XrX9trRrR&VR t1t1A4tr( (Councilman) , seconded by 5i�kr3iii5iQ4��F (Councilman) the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation has located and proposes to construct or reconstruct a part of State Road 70 , AND WHEREAS, in order for the State of Florida Department of Transportation to further and complete said project, it is necessary that certain utilities and/or facilities within the Right -of -Way limits of said State Road 70 , be adjusted, changed or relocated, AND WHEREAS, the State of Florida Department of Transportation having requested the City of Okeechobee , Florida, to execute and deliver to the State of Florida Department of Transportation a Utilities Agreement, agreeing to make or cause to be made such adjustments, changes or relocations of said utilities and/or facilities as set out in said Agreement, and said request having been duly considered, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Okeechobee , Florida, that the Mayor and ClerkLJ3ktj&k4jjjjgflM&be and they are hereby authorized and directed to make, execute and deliver to the State of Florida Department of Transportation a Utilities Agreement for the adjustment, change or relocation of certain utilities within the Right of Way limits of said State Road 70 Section 070 ; BE .IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the State of Florida Department of Transportation at Tallahassee, Florida. CITY OF Okeechobee COUNTY OF Okeechobpe I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted by the City Council of the City of Okeechobee , Florida at a meeting of said City Council held on this 3 day of Mai , A . D . 1 9� --4 WITNESS my hand and seal on t s day of A.D. 19 BY: (SEAL) Clerk 49 tyxN ammynxt of the City of Okeechobee Florida 'Q b w OW. yv��Aftr, �ort OW rt Na a a a • :C�p fN rt 0mwo a(Dnnm 0 p p .7o I ty 4 a m H v P et n 1 0 0�t q "n c°0�•t�• ►rOi� aatt�PC.�W Linda°w a 9°a 1��ppp nrr�ko4 nAAnAt�ent O " V.30rtw Y t 0O O t t . Y .Nr.t.na V !O O O a O AttWW '. . . ° ° a ,�►1�t°t.�w°Kw�td1j. 0 tv H• 06, r �a0y e ^'inrt 0 V R sae0w0 v N O 'd �r rt O . S7 I • r w NI Q I �M � o z i H tvH H Y �d i • a � I i O P.M "� O C, WOO a OW 0 N O �- B A yP� O •v IA to 14 go p ft .7RtbTn n M- rpt0I H`° 7 ^M a P. rt et N rt rt et O p. w n O (y� C1 A rt ! ' Fr O A in p to 0 ti A N W A" O S g 4 N N" O W "d • xi O ►i 'J a H• 7tod pr "ka 9.1311, ► ANIlir-4 +rrAtWA A HO • 1C'7 t� iC '9 •• p� H G a rt A 4i Ls9O vA0AWAtC n W A "a a+, p N A t7►w C1' ►t ►S rt C p� rt a N W A 'd tQ e'► O SS LI fr A ti td P� W A 't7'' p rrttP a ar! n A O. O �rr rr*� w H cO� O p. USa cr a ►Ag1 0 1 a A 0 Crp C q P r"t � F F� 0 1"o G. N N• A N rt ON a,MIE00 +a'gt wg 0t n n .• rt N N A rt A N 4 a N O to to rA <A N N 1 n a. v N w �p rt rt p prNr,p.N�O°wn0On - I A 9 3pftPti M`� n ► 0 N 0a 10a :j0�4p�M " � � t1 t3WgH-AOH A p1 M H• a w 7�JC A tt p aior tt Nu W i+� p n N Ar 07 ` 04 On O pN .•d O n H nn N �t 0 o'a 0�t0prt rtt oil tr aa0tH • tt n 01 Cra10 On wq ti a 0rt A tr F. O' o• 4O CI A A . j rnt (+ 0 n N� fT N Mi " a M a N -a � M i i f I IZO'd I 'OOSSU NOOkM 13S338 0£e9t b6. BZ 2SdH k. CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and Council DATE: April 29, 1994 THRU: SUBJECT: Director of Public Utilities THRU: FROM: John J. Drago, City Administrato Enclosed are two letters that were sent requesting personnel files for Mr. Gilbert Sowders. I phoned both Governments and they acknowledged receiving our request. The personnel files are in a separate building and they were planning to send someone to retrieve the files, copy them and mail them to us. As of this date, we have not received them. If they are received before the Council Meeting, I will have them delivered to you. Please bring Mr. Jones and Mr. Bakers personnel files that I gave you at the April 19th Council Meeting. enclosures ,1 _� of. OKflcMO�Z City of Okeechobee 55 S.E. Third Avenue • Okeechobee, Florida 34974-29329813/763-3372 April 20, 1994 George Bradey, Director of Human Resources Lee County Utilities P.O. Box 398 Ft. Myers, FL 33902 Dear Sir or Madam: The following request is pursuant to Chapter 119 of the Florida Statues regarding public records. The City of Okeechobee would like to receive all the documents in the personnel files of Mr. Gilbert M. Sowders (May, 1975 to June,' 1976). Mr. Sowders has applied for a position in the City and the requests is to complete a work background check. Sincerely, X/jh. Drago dministrator /dev • i�of oKE��h . V ` OVA lot City of Okeechobee 65 S.E. Third Avenue • Okeechobee, Florida 34974-2932.813/763-3372 April 20, 1994 Mr. Thomas C. Whitecotton Human Resources Director Collier County Govemment Human Resources Department Administration Bldg., 5th Floor 3301 E. Tamiami Trail Naples, FL 33962 Dear Mr. Whitecottom: The following request is pursuant to Chapter 119 of the Florida Statues regarding public records. The City of Okeechobee would like to receive all'the documents in the personnel files of Mr. Gilbert M. Sowders (July, 1986 to January, 1987). This is to include all documents In the personnel files that the County aquired from the purchase of the East Naples Water Systems, Inc. Mr. Sowders has applied for a position in the City and the request is to complete a work background check. /dev its Oil Ai