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2004-01-20 RegularCITY OF OKEECHOBEE JANUARY 20,2004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCILACTION 1. CALL TO ORDER - Mayor: January 20, 2004, Regular City Council Meeting, 6:00 p.m. 111. OPENING CEREMONIES: Invocation offered by Neil Gunsalus, United Methodist Church Retired; Pledge of Allegiance led by Mayor. 111111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Athmey John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamlotea Deputy Clerk Adriana Berry IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 6, 2004 Regular Meeting. PAGE I OF 5 Mayor Kirk called the January 20, 2004 Regular City Council Meeting to order at 6:00 P.M. The Invocation was offered by Pastor Neil Gunsalus, Retired, of the United Methodist Church; Mayor Kirk led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the January 6, 2004 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 7,05, i614 V. WARRANT REGISTER - City Administrator. A. Motion to approve the December 2003 Warrant Register: General Fund ............................... $266,526.67 Debt Service Fund ............................ $99,682.48 Capital Improvements Project Building Fund ....... $10,000.00 Public Facility Improvement Fund .................. $603.41 VI. AGENDA - Mayor. JANUARY 20,2004 - REGULAR MEETING - PAGE 2 OF 5 Council Member Watford moved to approve the December 2003 Warrant Register in the amounts: General Fund, two 42WN52W� DaW Servks Fwid, ninety-nine thousand six hundred eighty-two dollars and forty-eight cents ($99,682.48); Capital Improvements Project Building Fund, ten th'�usand ($110,000.00); Public Facility Improvement Fund, six hundred three dollars and forty-one, cents ($603.41); seconded by Council Member Markham. There was a brief discussion on this item regarding the Capital Improvements Project Building Fund. LV161 0 KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. Council Member Watford requested that provided postage for Okeechobee Main Street be addressed either tonight I or the next scheduled meeting. It was agreed that the item will be placed on the February 3, 2004 Agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. I MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M. A. 1. a) Motion to ready by title only proposed Ordinance No. 850 amending Council Member Watford moved to ready by title only proposed Ordinance No. 850 amending Section 30, Article 11, Section 30, Article 11, Code of Ordinances, Nuisances - City Attorney Code of Ordinances, Nuisances; seconded by Council Member Williams. (Exhibit 1). b) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JANUARY 20,2004 - REGULAR MEETING - PAGE 3 OF 5 705 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 850 by title only. Attorney Cook read proposed Ordinance No. 850 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING ORDINANCENO. 824, CODEOFORDINANCES, CHAPTER30 THEREOF, AMENDING SECTION 30-31 TO PROVIDE FOR A DEFINITION OF "JUNK, " FOR THE REGULATION OF JUNK WTHIN THE CITY, CREA TING PROVISIONS TO PROVIDE FOR PROHIBITIONS OF ITEMS DEFINED AS JUNK IN CERTAIN ZONING OR LAND USE DISTRICTS INITHIN THE CITY, AMENDING SECTION 30-38 THEREOF TO REGULA TEDOCKJNG OF VESSELSALONG TA YLOR CREEK, REGULA TEENVIRONMENTAL CONTROL, AND PROVIDE FOR PENAL77ES THEREFORE, AMENDING SECTION 30-42 TO PROVIDE FOR ABATEMENT OF PUBLIC NUISANCES, AMENDING SECTION 30-86 TO ADDRESS NOISE REDUCT70N REQUIREMENTS, TO PROVIDEFOR ENFORCEMENT, TO PROWDEFORREGULAT70NS FOR EXISTING NONCONFORMING USES, I TO PROVIDE FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 850. 1 Council Member Markham moved to adopt proposed Ordinance No. 850; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Kirk asked whether there were any comments or questions from the public. Mr. Joe Tootle addressed the Council stating hewas notin agreementwith the ordinance and urged the Council notto adopt it. Mr. Tootle also went on to state various types of laws and questioned the validity of the Council to have the authority to pass any laws. He mentioned other local government agencies and various other types of laws that have been passed, which he also did not agree with. Mayor Kirk asked Mr. Tootle to remain focused on the subject matter that is before the Council for consideration whereby Mr. Tootle again stated he was opposed to the ordinance being adopted. Mayor Kirk thanked I Mr. Tootle for his time and stated while he respected his comments, he did not agree with them. Mr. Larry Moore then addressed the Council regarding whetherjunk in residential areas could be "grand -fathered in?" Attorney Cook explained there are no areas grand -fathered in. However there are areas that are considered non- conforming uses. These uses are not permitted to expand or change ownership. He also advised there is no home within the City that is grand -fathered in, that would allow junk to be stored and that he, Mr. Moore, should report any residential code violations to Chief Tomey or Code Officer Hancock. Mr. Moore thanked the Council for their time and information. Upon recommendation byAftorneyCook, Council Member Watford made a motiontoanwnd proMed Ordinance No. 850 to delete the folloyAng sentem in the We only: "3042 TO PROVIDE FOR ABATEMENT OF PUBLIC NUISANCES;" seconded by Council Member Markham. 746 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. JANuARY 20,2004 - REGuLAR MEETING - PAGE 4 OF 5 VOTE ON MOTION TO AMEND KM - YGA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAM - YEA MOTION To AMEND CARMED. The Council then discussed specific times for various noises. Council MemberWatford moved to amend proMed Ordinance No. 850, Section V. Noise, specificall!y PaLagraphs (a) and (b) to have specific tim limits of 6:00 A.M. to 24:00 (12 o'clock midnight) and 0) fin* frames to be from 6:00 A.M. to 10:00 P.M.: seconded �y Council Member Markham. VOTE ON MOTION TO AMND KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION To AMIEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED As AMENDED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:35 P.M. VIII. NEW BUSINESS A. Motion to approve a Temporary Street Closing Application submitted by Main Street to close the portion of Southwest 61 Avenue between North and South Park Streets, and the portion of Southwest 2 nd Street between 61 and 7 th Avenues from March 5, 2004 at 8:00 a.m. until March 7, 2004 at 8:00 a.m., and the portion of Southwest Park Street between 6 th and 7 th Avenues from March 5, 2004 at 5:00 p.m. until March 7, 2004 at 8:00 a.m. - City Clerk (Exhibit 2). DC ADJOURN MEETING - Mayor. Please take notice and be advised that if a person decides to 8ppeal any decision made by the City Council with respect to any matter considered at this meding, hWshe may need to insure that 8 verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the *peal is to be based City Clark tapes are for the sole purpose of backup for oftial records of the Clark ATTEST:,.,.... James E. Kirk, Mayor Lan6Gamiotea,'C� Clerk JANUARY 20,2004 - REGULAR MEETING - PAGE 5 OF 5 Council Member Wafford moved to approve a Temporary Street Closing Application submitted by Okeechobee Main Street, Inc. to close the portion of Southwest V1 Avenue between North and South Park Streets, and the portion of Southwest 2 nd Street between 611 and 7 th Avenues from March 5, 2004 at 8:00 a.m. until March 7, 2004 at 8:00 a.m., and the portion of Southwest Park Street between 61 and 711 Avenues from March 5,2004 at 5:00 p.m. until March 7, 2004 at 8:00 a.m.; seconded by Council Member Markham. Council Member Watford asked that All County Ambulance be provided designated ingress and egress for their ambulances. Council Member Markham verified thatall paperwork and proof of insurance were received by the Nemec Family Trust who owns the property and they have approved the use of the property. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAM - YEA MOTION CARRIED. There being nofurther items on the agenda, Mayor Kirk adjourned the January 20,2004 meeting at 6:40 p.m. The next regular City Council Meeting is scheduled for Tuesday, February 3, 2004. 707 CITY OF OKEECHOBEE JANUARY 20,2004 REGULAR CITY COUNCIL MEETING MINUTES TYPED DURING MEETING - L. GAMIOTEA 1. CALL TO ORDER - Mayor: January 20, 2004, Regular City Council Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Neil Gunsalus, United Methodist Church Retired; Pledge of Allegiance led by Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamlotea Deputy Clerk Adriana Berry Mayor Kirk called the January 20, 2004 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Neil Gunsalus, Retired, of the United Methodist Church; Mayor Kirk led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present PAGE IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Chander moved to dispense with the reading and approve the Summary of Council Action f( Council Action for the January 6, 2004 Regular Meeting. January 6, 2004 Regular Meeting; seconded by Council MemberWilfiams . There was no discussion on this itei VOTE KIRK - YEA CN*NMM - Y1!A MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JANUARY 20,2004 - REGULAR MEETING - PAGE 2 V. WARRANT REGISTER - City Administrator. Council Member Watford moved to approve the December 2003 Warrant Register in the amounts General Fund. A. Motion to approve the December 2003 Warrant Register: hundred sixty-six thousand, five hundred twenty-six dollars and sixty-seven cents ($266,526.67); Debt Service F' ninety-nine thobsand, six hundred eighty-two dollars and forty-eight cents ($99,682.48); Capital Project Building F General Fund ............................. $266,526.67 ten thousand ($10,000-00); Public Facility Improvement Fund, six hundred three dollars and forty-one cents ($603 Debt Service Fund .......................... $99,682.48 seconded by Council Member Markham. Capital Project Building Fund .................. $10,000.00 Public Facility Improvement Fund .................. $603.41 DW- Capital project building fund? Still getting one more quote, install switch gear, $10, final payment. . VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA VII. AGENDA - Mayor. MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whetherthere were any requests forthe addition, deferral or withdrawal of items on today's age agenda. 11 DW discuss main street postage request on next agenda Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 11 MAYOR KIRK�OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M. A. 1. a) Motion to ready by title only proposed Ordinance No. 850 amending Council Member Watford moved to ready by title only proposed Ordinance No. 850 amending Section 30, Artic Section 30, Article 11, Code of Ordinances, Nuisances -City Attorney Code of Ordinances, Nuisances; seconded by Council Member Williams. (Exhibit 1). 11 b) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA I i ""M *1111A ft"LLIAMS - YEA MS M MOTIO OTION CARRIED. JANUARY 20, 2004 - REGULAR MEETING -PAGE 3 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 850 by title only. Attorney Cook read proposed Ordinance No. 850 by title only as follows: "AN ORDINANCE OF THE CITY OKEECHOBEE, FLORIDA AMENDING ORDINANCENO. 824, CODE OFORDINANCES, CHAPTER30 THERE TO PROVIDE FOR A DEFINITION OF "JUNK, - FOR THE REGULATION OF JUNK MTHIN THE CITY, PROVIDE FOR PROHIBITIONS OFITEMS DEFINED AS JUNKIN CERTAIN ZONING OR LAND USE DISTRII WHIN THE CITY, TO PROVIDE FOR ABA TEMENT OF PUBLIC NUISANCES; TO AMEND NOISE REDUCT REQUIREMENTS, TO PROVIDE FOR ENFORCEMENT, TO PROVIDE FOR REGULATIONS FOR EXIST NONCONFORMING USES; TO PROVIDEFOR SEVERABILITY, PROVIDINGAN EFFECTIVE DATE." 2. a)Motion to adopt proposed Ordinance No. 850. 11 Council Member Markham moved to adopt proposed Ordinance No. 850; seconded by Council Member Chand b) Public comments and discussion. I Public comments and discussion. c) Vote on motion. Mr. Joe Tootle, citizen,s addressed the Council, like to know more about the ordinance and the views of the Cou Do you view it as a valid law? Cook - yes that's what an ordinance is. Does this Council beheve they have the i to enforce the law. Kirk yes based on advice from legal counsel. Legal counsel is only an opinion and doesn't rell you to abide your duty. Latutis? Charged with doing something rand not doing it timely. It don't free you of your ( do you of the opinion, you have no legal authority to pass any law. Does the members of this Council are you knowledgeable of the fact that you have any legal authority to pass any law on any subject. Kirk, my understan( is we have authority to pass the ordinances and enforce them. You do not have the authority, need to read the constitution, you don't ahve theauthority to pass this ordinance, are not a legislative body, its all illegal. Nobody, has any obligabon under his oath to the constitution or any law is passed. The constitution of state grant right to own property, do you befieve you have right to take it away, they h due process. Passing ordinance so you can harass Marvin Brantley again, did it wrong last time. Not one of you h read the constitution yet you all hold up your hand that your going to uphold it and you don't know what it says. I've lost hope for this country, gone beyond repair, elected officials swear to anything. 1991 harrassing Brantle) 14 years. W this Courd can't enfome a law in % y" fftereis smiveftqwang: You cwYt take the case to c( government interfering with ladies life, Supreme Court is just as bad. EMM LIM, =1!M=fl= rtyland te'n you ha*e to toke it.1 It g* on #W oo and On., Y�u cao pas4 a 10 heo in 5 minute WSW 9 #n wobroation bladi to be al owl go to qff" ft. No vote, 91* lnten�n 004 ""M two 1. n 'takei tou to Of 'Oud ihis 0 Wil.wor Mft VU I'm M4 Tgel askin y ju#** ou `U Q In any, to leave M re ,k ar r. T to 7ng stay focus ad on the o 1dinai ce th, A is b sing 1 me ted h me, I Jo nc t agree wiff y Wd on sorm ones legal )rm ice, I rftpe �t youropin on. A antyou to %i i 1pe all the ordinat Anyland ::l mo to Nfth *at r4 ran If I. ca xplai this" Coo c,, ass me re i i -, no Crain w1un Jun onb)oks, 01188*1 78, Inm Onfon iing Use, 1 M be enlai n I eslp";Ith 7,bus iness Or Lume W010 ut xpan lonj Id, n C A usi I d w/ months. Pr if �A in e C caniots a ju ik in Oain w. in :Ity g wand ered in. )rney advis ad do lete a enten oe "3("2 b) pro% Ida aba merit of P�blic nuisar '0 A IEND T c C evei Is Orr 9 sop nteL C s cdor time . Fair goes thai last �ht, _ 't Oink 'd nt a I UNk g, Per rit j an imeriagg un 1112 idnight, 0 8 ordi to to I no iints I D daAh own tim D. We can i mne to have to I 9 '�� h, th rto �1, no fo to Or -"A 9 D ng m nt out Am e hill, think Ne w 901t it go to 12 ridn' ht fb Wlal ev EM 11) In pr ord k. A, 8 Oil midn 6 im to 24hu Wrmed C 6 m to O�� DW i novec to a end Noise anc, L I a & b 0 It 6. m to :00 and from 6 arn todo I pm; Tty �Iark �OTE U EA N MOTIOt AVENI VOTE K m(- C OXM� It - YFA A, , , y 0 y t7cl y KIR� CL�Wq THE fUS Ic HEEARI� Al 6:351 PAr o� Vill. I NF� 151.14NE A. 0 '0'0 I to a T losin A j tted WD rt ion so ni : ie n and uth Park ' an the rOo i of tt rDA West s t th 6 Ind Ave s arch 004 at 8: a.ff , until Mla 7,2)04 8:010 m., and 1pvo �r f f'So Ith t Pa k Street be r 6ed I d 7rt" ni Ife"s m M -rc'11 .20 at 00 t.m. until M rch 7 2 at 8. as . lbit 20, - PME ' i Coinciii emm rWilbrd rW' t IRT npon ry Stf Bet C Ming Wg subri 1jed Ifted Oki str "t, I to . two he In th t 611 vem s be n. and n� Park 8 ano the So ith V 2V S: n n froff Me ja 5, '4F 5 rA� 004 rte 8: T8 m. a.m intil � Irc larch h 2004 at :00 r�OO an ajn the the of S of S tp s t ind Ave s wes h 5, 20)4 at at :00 p.m. u Ih I h 7, 004 A 8:0) a.m secc nded )y ncil Vern r Mi irkhar i. I thi 't t ik thi it will nterh tMe VwAO i nss w in th i am i, the� .1 wil M '4d I nty ty ' bul noe, ' rak eft eyhavewt attheV nee I tog( tin out, C thyi have worki id oul a t tte. a In to ee mem)ers r its n will )e on next r ieetl g fbr tage efter, �om t ust # at 0 9 p perty nd n in lNempc F an I inst rance, got n cor W evf beer sign id an I all '8114( rk ini e.r. providec by C ty. r 12 ACtri2no, Berry PAGE 4- CITY OF OKEECHOBEE -JANUARY 20, 2004 - RkGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES 1. CALL TO ORDER - Mayor: Y" r IC Janua[y 20, 2004, City Council Regula Meeting, ft9ft.m. 11.1 OPENING CEREMONIES: Invocation given by Neil Gunsalus, United Methodist Church Retired. Pledge of Alleciiance led by Mayor Y-i k- Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea AawoL 'baq Present Absent IV _1/ IV. MINIUTES - City Clerk. A. Council Member NQ, - moved to dispense with the reading and approve the Summary of Council Action for the January 6, 2004 Regular Meeting; seconded by Council Member O-W VOTE YE6 NAY ABSTAIN ABSENT K.OZK V CHANDLER V MARKHAM V WATFORD 5 WILLIAMS V MOTION: <�_ DENIED V. WARRANT REGISTER - City Administrator. A. Council Member— moved to approve the December 2003 Warrant Register in the amounts General Fund two hundred sixty-six thousand, five hundred twenty-six dollars and sixty-seven cents ($266,526.67); Debt Service Fund, ninety- nine thousand, six hundred eighty-two dollars and forty-eight cents ($99,682.48); Capital Project Building Fund, ten thousand ($10,000.00); Public Facility Improvement Fund, six hundred three dollars and forty-one cents ($603.41); seconded by Council Member L_ rn DW - CV4P. prv� Id ing PU1191 VOTE YEA NAY ABSTAIN ABSENT -8v - KIRK V CHANDLER MARKHAM ar ir-% Rre, slahbn /C)Ilvatv WATFORD WILLIAMS �'tval rt fa tv P7-rq MOTION:— CCARDRIE - DENIED Aby Tlaymwo Scth*tct�rj PAGE -2- VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Strvef-pOacy . 1�4rj� 0 %MdQ hPY4 hnV , VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor PM. A.1.a) Council Member -bW moved to ready by title only proposed Ordinance No. 850 amending Section 30, Article 11, Code of Ordinances, Nuisances (Exhibit 1); seconded by Council Member C W b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER V MARKHAM %./ V WATFORD WILLIAMS MOTION - DENIED c) Attorney Cook read proposed Ordinance No. 850 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 824, CODE OF ORDINANCES, CHAPTER 30 THEREOF; TO PROWDE FOR A DEFINITION OF "JUNK, 11 FOR THE REGULATION OF JUNK WITHIN THE CITY; TO PROVIDE FOR PROHIBITIONS OF ITEM DEFINED AS JUNK IN CERTAIN ZONING OR LAND USE DISTRICTS�WITHIN THE CITY, TO PROVIDE FOR ABATEMENT OF PUBLIC NUISANCES; TO A41END NOISE REDUCTION REQUIREMENTS, TO PROVIDE FOR ENFORCEMENT; TO PROVIDE FOR REGULATIONS FOR EXISTING NONCONFORMING USES; TO PROVIDE FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." 2.a) Council Member I,n moved to adopt proposed Ordinance No. 850; seconded by Council Member N 0- _. b) jo?ublic comments and discussion. M r - Tcodk- ci H-Let-N 4- raciden+ oc- orper-how-e Ahsider OL.- v- -to enPor(%�e- )aA)T y- advic -P V�Ory-i 1,0-gL WSW . -rodd I e a eh S . �h Ct r V 01 h) 1 0 oft\g SDrn efh) r-e W -H Me I Mo 1,0�cd Qxcfhon'7�y -10 poss law or) aAd*)Iroe re P-Pod . 4 ow 1-f a0y, -0-i r M,)Cv �4 S tty aj Ow-thar I j i�� )V PQ 55 IaW u-ty)er- anq possa�� ir PaSS ord itiarez-e_ CITQ 1Cl-W51TDM1-e--C�r15MUh,0n read— law jS 1140SI - Viry-no DLA-�D6� 40 Poss. Tocicti.-I)a- O[Dir.� j+ NL, —t)rj-�e �V j c) Vote on motion.QSQMer)d-� OW1,90tilon -fD )0 op,21-c'LLpe.) )at,-3 VOTE YEA NAY ABSTAIN ABSEWr - KIRK V NO� W30L)t P0tSS-P0t.ft),\Sh*W0) CHANDLER L/ fDwti pq>ir L)V, MARKHAM 1hD WATFORD WILLIAMS t_/ -�ake. awcL4 lassi MOTION CARRIED - DENIED Q d - �0 Ka f a 55 d Of - 01tyj I �)v q�, 4 No-oh-e 6 s rect cl No ve in c idpo. .Gvp� fo to, wLffxs - kmoh PO ih,'- IoV A i-th -bbrt�y— Vjr*j No hc)r F6r-fhiS CbaAtrtf. 6ei electedo�- Swf ar Yo On j thi rcy . tOChfS-0 ritsled Bfa n1ley m a_ C,h Cv , I q � r�. rt in �)(C.O t -1 Iq 9 v LO M, j, qf CIP- 59 nf erOr Ce- he r de ath COU q 75 Gov d o9sp '-f- bct vo k p a � h Inte proppr, rtT�- RLNS or-,, + t)n. Nof to ,w , i a fitn . Rb-() I)-p- uriol -e r Obh'00-h-Dr-i flD ObIN ir� Y . �IlDf 9birg WLLt+- will AL)4- Cri Ustic-0 Ot C Ourl- "PlaCk -OJJ -Pptf)-e. CAn VO-tk b.94bro Sa refro f - x ()3%rq C--CA i dL th-etj ooJ d W tP o3 a I !�j 5 4 p tri q W RtJ Le-av Q, ma r v 13 ra fv+),Q-�j Djlb-po , ND f 6 09( -bO C 0-,U S-Q� Vb- �bf t-n D T- QL VDI -0-S -PC? �U OSf A) 4ld UA-f- OiA-r �r 3 0 Dr no Caso-, /S fu m "�e, --= bz-Fori us- 6rd irqff?,P- n pAv Di,-5cus-�;il? 1OW3 peopl-e. VOK kco�- h ym /IV y 0 n ?f� li)fmoo. bphye- low 0&1 , - � on V Apwor- 4CAPU0 W 9- 0- Cl n ;boat Sa Ot i FF fh I llc�s . r cre - not Con n cLh I dafs - -kil tp U5 IC TU CLmY- wl. r-now 01�sh'ha,(Ydn- fnetn elsp L5 95PP Ci Oplii i On Jun In . JOhn- �50m-o- busJtwss�o5 Ff or to -W tiD Droll-jiat)oe, Cn fh):5 fs S &-a I f I oat C4 h)? ae C(.- 14 UV- TXpQ,0:y) - 7� CJ-) - -Cu�Ami-l?g Qs)e- bid oortv, qpplj p -�v pe pplo ,5 Con 4- S-�4 Ct� fQrOrajhq- ft?, Johtj- Ci 5 ,5/ladLl /)O�- occur //I t Ire P,t\) - " m)R i-o 0- mm d h'f/e- - Q mAr)d i-n c, Svc .3 0 - V,)�, f-D pc&idp FOr al:a-f�AF bf'T>uP4c Pusf-rViC..) ho f-fh orct f n or (,.-e � P,,�v tt caxt4-e, t4l , c �Nu s i e tr-P C On a Cl t I-e4ed 0 /1!2 t i4),p 6) —far)gu-ace- on pOj-S,Q-. 5Pch Cko-ni. fn . (6vey- P VPA45- c- Ct r( z vo 0, 1 1031, t) 4e VaD - Uh h I �b fQ fO hIC ICt tro fe C, v (;P,e rn p Q S t) rNrAb) _p C rf- cl 0 rp h, -7AIYir- &)4e Q o Spe- c s'W e vo n /-5 ji-i pre v I-cu (;'hj2 Spocicd t> io M Ij/, tw movs- ic a"rd No, 50-- gpchtn a 0- 4- b --6 me co tv oD C vo 1, L L M Sv c on ot )D 'cup-/ vabe, PW — LAjot-xd-erW ectwootfii)n, qucjl,A-eot t-0,3),hyD No cz - PAGE -3- MAYOR KIRK CLOSED THE PUBLIC HEARING AT P.M. VII. NEW BUSINESS A. Council Member moved to approve a Temporary Street Closing Application submitted by Main Street to close the portion of Southwest 6 th Avenue between North and South Park Streets, and the portion of Southwest 2 nd Street between 6 th and 7 1h Avenues from March 5, 2004 at 8:00 a.m. until March 7, 2004 at 8:00 a.m., and the portion of Southwest Park Street between 6 th and 7 th Avenues from March 5, 2004 at 5:00 p.m. until March 7, 2004 at 8:00 a.m. (Exhibit 2); seconded by Council Member I Fn VOTE YE4 NAY ABSTAIN ABSENT KIRK L/ CHANDLER MARKHAM V WATFORD WK.LIAMS � M I - DENIED DVJ - nc4- inivr-Fpr 14.j/ ta6ipowf 0& 0 Too Pfn , MCL e-P Sure +h fA) Kct va Ot-CCLOSS . clmnop -'e'vogh'),-rV� w)-// fxif- 01, ofher S�tre-k- ftb Efrfio ft)-pInw-5 , Oth-or ffgh--% c)n n�yl- Ctrdc,,_ 6)r pos toe? , Craj 4t)ct n e bftu . nenn-� (0 ry) a�- CCA 1-0 6 Oct n-W SMH (!4'� WcW-hcive- Cop r V- - 4 he? n r- cryu( 1)w — I C t' fLj p LA—f- I)am"Ca'd"PT. L�"'el- I-e ('j/'Cb IV. V. CITY OF OKEECHOBEE JANUARY 20,2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER - Mayor: January 20, 2004 City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocabon given by Neil Gunsalus, Retired, United Methodist Church. Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 6, 2004 Regular Meebng. WARRANT REGISTER - City Administrator. A. Motion to approve the December 2003 Warrant Register. General Fund $266,526.67 Debt Service Fund 99,682.48 Capital Project Building Fund 10,000.00 Public Facility Improvement Fund 603.41 PAGE I OF 2 JAWARY 20,2004 - Crry Comm AGENDA - PAGE 2 OF 2 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.I.a) Motion to read by title only proposed Ordinance No. 850 amending Section 30, Article 11, Code of Ordinances, Nuisances - City Aftorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 850 by title only. 2.a) Motion to adopt proposed Ordinance No. 850. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. Vill. NEW BUSINESS. A. Motion to approve a Temporary Street Closing Application submitted by Main Street to close the portion of Southwest6l Avenue between North and South Park Streets, and the portion of Southwest 21 Street between 6t1 and 711 Avenues from March 5, 2004 at 8:00 a.m. until March 7, 2004 at 8:00 ax, and the portion of Southwest Park Street between 61hand r Avenues from March 5, 2004 at 5:00 p.m. until March 7, 2004 at 8:00 a.m. - City Clerk (Exhibit 2). DC ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that If any person desires to appeal any decision nude by the City Council with respect to any nm*W conaldered at dft proceeding, such Werested person will need a record oftho proceeding, Wnd for such purpose nay need to ensure a verbsUrn record of the proceeding is made, which record includes the testirnony and evidence upon which the appeal Is to be based. City Clerk tape* are for the sole purpose of backup for Cial records of the Clark. EXHIBIT I — JANUARY 20 AGENDA cf— N45 ENFORCEMENT; TO PROVIDE F NONCONFORMING USES; TO PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 850 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 824, CODE OF ORDINANCES, CHAPTER 30 THEREOF; AMENDING SECTION 30-31 TO PROVIDE FORA DEFINITION OF "JUNK;" FOR THE REGULATION AND PLACEMENT OF JUNK WITHIN THE CITY; CREATING PROVISIONS TO PROVIDE FOR PROHIBITIONS OF ITEMS DEFINED AS JUNK IN CERTAIN ZONING OR LAND USE DISTRICTS WITHIN THE CITY; AMENDING SECTION 30-38 THEREOF TO REGULATE DOCKING OF VESSELS ALONG TAYLOR CREEK; REGULATE ENVIRONMENTAL CONTROL; AND PROVIPLf.0 ,,,,,,.rAM ENDING SECTION 30-86 4 REQUIREMENTS, TO PROVIDE FOR )R REGULATIONS FOR EXISTING PROVIDE FOR SEVERABILITY; WHEREAS, the City of Okeechobee, Florida has a legitimate interest in the restriction of junk yards and the placement of items defined as "junk" in City Codes at places within the City, whether on public or private property, to encourage the aesthetic beauty of the City; prevent public nuisances; prevent accumulation of trash and litter; and other concerns for the public safety and welfare of its citizens; and WHEREAS Article 11 of said Code sets forth regulation of nuisance in reference to Taylor Creek, and the regulation of this navigable waterway, the vessels that dock along the creek, and ensuring its environmental integrity is necessary and important to the city of Okeechobee, and may be regulated pursuant to Florida statutes 376.19; and WHEREAS, Article III of said Code which sets forth noise reduction and abatement requirements does not provide for exceptions for certain events that the City deems to be desirable from time to time in the City, and which events provide a benefit to the citizens of Okeechobee as a whole; and WHEREAS, during the recent re -writing of City Codes, Ordinances and Land Development Regulations, the provisions of previous Code Sections in Chapter Eight of the Code of Ordinances, certain sections of the Chapter were deleted or inadvertently not included in current Codes found in Chapter 30 of the Land Development Regulations, which Sections concerned junk property and nonconforming uses presently existing in the City; and WHEREAS, for these legitimate interests of the City herein stated, the City Council for the City of Okeechobee, Florida has determined that City Codes need to address the definition of, and the placement of junk items, provide forany current nonconforming use, and provide adequate enforcement of such Codes; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: 1. Junk. The definition of "junk" as set forth in Section 30-31 is amended to read: i Junk means items that include but is not limited to, scrap metal, used tires, and those items such as dismantled or partially dismantled non -operative or discarded machinery, appliances, household items; equipment, motor Page 1 of 4 vehicles, motorcycles, tractors, motors, farm implements, trailers, frames or parts thereof, and used boats and vessels. The intent of the city is to totally ban such items from public view as provided in this article. Accordingly, for purpose of this definition, it is immaterial whether the junk items are claimed to have inherent value; whether such junk is evidenced by a title or certificate or origin; whether it is accumulated for salvage, resale or rehabilitation; or whether the items could eventually be made to be operative. This article shall not prevent authorized garage or yard sales, or displays at permitted. non- profit events, or festivals. 1111. Existing Code Section 30-40 The existing provisions of Chapter 30-40, subparagraphs (a) and (b) thereof, remain unchanged by this Ordinance and remain in full force and effect. 111. Amendment to Code Section 30-40 Chapter 30-40 of the is amended by adding the following subparagraphs therein: Section 30-40. Junk. (c) No owner or tenant, or authorized agent thereof, or custodian of any real property, commercial or industrial establishment, or private property owner within the City of Okeechobee, at any time place, dump, deposit, or otherwise permit or allow such placement, of abandoned property, junk, trash, rubbish, litter as defined by F.S. 403.413, or as by this ordinance, any garbage stagnant water, waste, refuse, hazardous materials or other junk ite�s on or at any location within the City of Okeechobee, regardless of zoning or land use designations; nor additionally cause or allow such items to be placed or located on any place or portion of the property if such would create a public nuisance, or hazard to the safety or welfare of the citizens or visitors to the City of Okeechobee. This prohibition shall not include garbage, refuse or yard trash properly set out for routine solid waste pickup by the authorized solid waste provider in the City. (d) Excepted from this general prohibition in subparagraph (c) is any established area within the City of Okeechobee that would be defined as a junkyard by local ordinance, or by State Statute 339.241, or Federal Code 23 U.S.C. 136, and that lawfully pre-existed the prohibition of such junkyards by City ordinance on August 8, 1978, and would be considered a nonconforming use under current Land Development Regulations. For any such existing nonconforming uses within the City of Okeechobee, the following standards are imposed for the protection of the City, its citizens and visitors: I It is the express policy of the City that junkyards and the placement of junk items, by its nature, constitute an eyesore, and cause environmental hazards that are not acceptable within the City of Okeechobee. Accordingly, and for such non -conforming use, items of junk shall not be placed in open view of the public for display, advertising, sale, or hawking purposes. Any item defined as junk by this Ordinance, or state or Federal laws, shall be located in an area of the real property no less than a fifty (50) foot set back from the front property line; twenty (20) foot setback from side property lines; and twenty (20) foot set back from rear property lines. The junk shall not be viewable from public rights of way, and shall be obscured from ordinary view of those persons passing upon the highways and municipal rights of way in the City of Okeechobee. If not otherwise Page 2 of 4 obscured by foliage,or shrubbery that complies with applicable City Codes, the junk shall be obscured by the erection of an opaque fence, with a minimum height of eight (8) feet. Any fence so placed shall not be permitted to encroach into the front property line set backs forthe zoning district regardless of otherCodes to the contrary. The fencing material shall be either constructed of wood, or by hurricane fencing, with plastic slats woven through the fence fabric to make it obscure. Any fence so constructed shall comply with all other applicable City permitting process and Codes. 2. In the event the real property on which the junk is located is greater than one hundred (100) feet in width from side property line to side property line, there shall be placed a thirty (30) foot unobstructed vehicle access lane from the front property line to the rear property line for ingress and egress for fire and emergency services, and a similar thirty (30) foot lane placed for every additional one hundred (100) feet of the width of the real property. 3. Any location meeting the definition of a junkyard under this ordinance or Florida Statutes 339.241, "Florida Junkyard Control Law", and as hereafter amended, shall be open at all regular business hours for inspection by environmental or Law Enforcement Officers, City Code Compliance Officers, and Litter Enforcement Officer, to determine compliance with this ordinance and state laws. 4. Compliance by a property owner, tenant or agent with these Code provisions shall not preclude an action for relief and enforcement by the City under applicable state statutes to enjoin a pubic nuisance, if in the opinion of the City the property and its contents do in fact constitute a public nuisance under state laws or these Ordinances. IV. PROTECTION OF TAYLOR CREEK That section 30-38 of the Code of Ordinances is amended to read: (a) No person shall throw, place or deposit or cause to be thrown, placed or deposited into Taylor Creek, the canals feeding into Taylor Creek, or on the shore thereof, within the City, any trash, garbage, dead fish, manure, decayed food, filth, litter, monofilament line or net, or property of any nature, or any hazardous materials, chemical, or petroleum product, or an item which by its odor, decay, decomposition, or chemical make-up, would or could become offensive to persons residing or boating in the vicinity thereof; which would be considered an environmental hazard; or which would create a nuisance. (b) No person shall store or leave any vessel as defined by maritime law in a wrecked, junk, or substantially dismantled condition, or abandoned upon or in any public water without the consent of the agency having jurisdiction thereof; or docked at any private property without the consent of the owner of said property. (c) No person who owns, operates, stores or docks any vessel as defined by maritime law shall cause, or permit any petroleum product or chemical, or wastewater tank, to leak or be placed into Taylor Creek, and the canals feeding into Taylor Creek, excepting only such oil residue as is considered normal in the operation of a properly running engine or motor attached to the vessel. (d) The City of Okeechobee may enforce these provisions pursuant to Page 3 of 4 A chapter 162 Florida Statutes, in addition to, and not in lieu of, other local, state and federal remedies available to the City by ordinance, statute or rule. IV. NOISE. That Section 30-86 of the Code of Ordinances is amended to read: Section 30-86. Exemption for certain activities. Any event that would generate or produce noise in levels that would constitute a violation of this article and which is made between the hours of 6:00 a.m. and +4444q4w. shalt be exempt from this article, if: )p".06 fk.K%. rzy,�Dv,-r a. The event is temporary in nature. 0 b. The event is a properly permitted festival, parade, carnival, or fund raising activity sponsored by a non-profit, religious, or veteran's association. C. The event constitutes construction activity, if the landowner, tenant or authorized agent possesses a valid construction or building permit issued by the City, -T�� SEVERABHLITY. S In the event any portion of this ordinance as amended, should be deemed to be unenforceable bya courtof competent jurisdiction, the remaindershall remain infull force and effect. EFFECTIVE DATE. This ordinance shall become effective immediately upon it adoption. INTRODUCED for first reading and public hearing on the 6 1h day of January, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk ADOPTED after second reading and second public hearing on the 201h day of January, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 4 of 4 James E. Kirk, Mayor The Okevxhobee Ne P.O. Box 639, Okeechobee, Flo 73 A; RECE (863) 763-313 INIE9 Al. Published Dail ic JAN' 12 2001 STATE OF FLORIDN FL C COUNTY OF OKEECHOBEE CP Flo �2 Before the undersigned authority a ed Judy Kasten, who on oath says she is Publisher o News, a'DAILY Newspaper published at 0 e n N Okeechobee County, Florida; that the attached copy of ve FL ment, being a C ERNWAU1111IN , C ATF011 in the matter of S ONG, OF FO Lc��Le_y-�' r CNUMANC REOUCTI( TO PROVIE Up ON34 W I G' 0111% PIP 00( OW',, , SEVERAI R A# E, in the 19th Judicial District of the Circuit Court of Okeechobee 'All . .06blid.are A 8n4,,4nd.parficIj County, Florida, was published in said newspaper in the issues d' epp of bers Otthwki hou a 1�4:30 P. P I E AND E a on des eat d c son mad6' Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this d rti ent for publication in the said newspaper. Sworn an ubscriMd Wore me this L�p da �_Y'Of I �:SCAS__) !S,� A.D. 20 Notary V1 L—OU-1 -1 P �Mattdf-Wasidered at Mis headnj,"� t'i"I'such'Intoftf9ted perogn will,. hood �a'�* record of theproceed sjLan0jo(,Z such purpose'M ndvlo,eps I _ut6j� a verbatim recor7of 5 �ggjt,4 ings is mad6;W*!WhIdh.'rec ed 'eludes the teAffibny aink'Wd upon which'Ahc'appeal ls-jo,,bd�� based,% CVtlelktapes are for'the !, �,,'.s;ole purpose'of backup for offlclal�, re ord�M a qleric. c ,�.ln accordanc6.wlth the Americans mumuon io parucipate intnis pro- beedlInt; should contact Land Gaml- otea no later than two (2) working d I or -to the prbcei d Ddlng',',J� .Lani Gamlotia, CITY CLERK 438980-ON 1/9104 EXHIBIT 2 — JANUARY20 AGENDA City of Okeechobee 55 Southeast Yd Avenue # Okeechobee, Florida 34974 # 863- 763-337i Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only, TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant 0 Ke E C 6-P-4 In A 1W &� j�ftf, ZM,:, I Today's Date 1/15/200 Address Sao rQqR 0-V AV4, 0164c�'"i Phone(s) -70 - 393-) Name of Property Owner -e- m -e r— 4- L (L Address 84'tw"#J 6 Ld Fa4 X J- ZAVO 606 at,*C.Jz I Phone(s) 04-1) 684� 100o SW 6th Ave, btwn N/S Park Streets. S Par k St, btwn 6th/7th Avenues and Street to be Closed SW 2nd St, btwn 6th/7th Avenues. I Dates to be Closed March 5 through 7, 2004 Time(s) to be Closed 6th Ave & 2nd St, &--k-in on 3/5 to 8 am 3/7. S Park St 5 pm 3/5 to 8 am 3/7. Purpose of Closing a4 �.ee �- -b-OA) C e — ZAJ 0 -4 AftV kj 4 L. )5 6 Q Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if It is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) swClean-up is required within 24 hours. owNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. BwNo donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. swThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. owDumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT No comments or obj'ections. 1/15/0 PA�hoj7iz—ed §Ignature Date Donnie Robertson, Public Works Director Typed Name & Title - POLICE DEPARTMENT -:4 11 No comments or objections. 1 4 2 t:�� Athorrized Signature ADMINISTRATION 1/15/04 Date /�EZOW-*y Date Denny Davis, Chief of Police Typed Name & Title Herb Smith, Batallion Chief Typed Name & Title Occupational and/or State License Verified: -:�--> O'Y' Bill L. Veach, City Administrator Authorized Signature Date Typed Name & Title Lane Gamiotea, City Clerk Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 611 1 I LIT, oil 111"s rK. 91,00,144 as NOOPAO ry "I VO4 ERM P L 104 VAA omr-mi CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: January 15,2004 SUBJECT: Status Report FROM: ' Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMINISTRATION GRIT — NO CHANGE IN STATUS - We are still awaiting the promised proposed AND GENERAL settlement from the GRIT attorneys. Attorney Robbins has officially requested the SERVICES proposal twice. When we receive it, our attorneys (Cook and Robbins) will review it and John will bring the proposal (or a relined version) to the City Council for approval. Industrial Park — Nancy Phillips, and I -continue to work with the granting entities to reprogram and rewrite our grants.- This is a stressful challenge necessitating dealing simultaneously with multiple governmental agencies and personnel, our proposed business and our engineering consultants. The process may also involve requesting a three-month construction titneline extension from EDA. Submittals will be made to Economic Development Transportation Fund (EDTF) and EDA this month. It appears the Rural Infrastructure Fund Grant has a bit more flexibility and if possible, we will wait on a determination by EDTF and EDA before we reprogram MF. CAS has submitted the proposed site plan to the Technical Review Committee for comments on January 2 1 st. I have met with Gene Schriner to revise the work schedule for permitting and construction (grant requirements). Jim Orth (of CAS), John Cook, Jim LaRue, Oscar Bermudez and I will be taking up the issues of platting approval, deed restrictions and land usage next week. This must all'be completed before Mr. Meyer can acquire any property within the industrial park. Additionally, it now appears as though the proximity of OVA's wells will require special consideration. However, at this time, these still appear to be issues that can be adequately addressed. I have continued my discussions with Leo Conner related to additional potential tenants for the industrial park. As yet, there is no new information to share in that regard. However, I continue to follow up with the companies we've already met. FINANCE Staff is working with the auditors in finali ing this year's audit. The only missing component is the financial reports related to pensions, which must be provided by OUA. Our Finance Department is also preparing bound copies of this year's budget. December's closeout is being prepared. POLICE As might be expected, the holidays presented significant challenges for the Police. In DEPARTMENT addition to the problems created by increased traffic, the Department had many opportunities to successfully deal with holiday party participants, illegal fireworks and firearms discharge and a substantial horne- burglary. FIRE Chief Tomey is finalizing details that will permit the installation of a new repeater DEPARTMENT system for the department's radios. This should enhance communication capabilities and improve safety for our on scene firefighters. Chief Torney has recently experienced personal medical issues, as has his wife. Battalion Chief Smith functioned well in his absence. Chief Torney has raised the issue of possible future increases in the City's ISO rating. He feels very strongly that the City's ISO rating will be increased significantly (to possible maximum levels) when the new Court House becomes operational, if the City does not acquire a ladder truck. This will likely be a discussion for a future City Council meeting. CITY ATTORNEY I The following are included in the items I have asked Attorney Cook to address. I . Recommendations related to reversionary action in alley closings, etc. 2. Procurement of the Billy Mason/NE 9 Street right-of-way. 3. Hamrick Trust — John is in discussion with the County Attorney on this matter. 4. Research annexation issues. 5. GRIT issues. 6. LDR issues, such as conversion of former residential structures to commercial, non -conforming structures, building site elevations, visibility triangles, drainage, sidewalk requirements and street cut/right-of-way resolution. 7. Marvin Brantley's continuing situation. 8. Advise on matters related to IRCC Crime Lab Contract. 3