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402 G. E. Bryant, IIIORDINANCE NO. 402 - (21) ORDINANCE AMENDING ORDINANCE NO. 402, BEING THE COMPREHENSIVE ZONING ORDINANCE WHICH ESTABLISHES ZONING REGULATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA, AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF. AMENDMENT CHANGES CLASSIFI- CATION OF SPECIFIED LAND FROM RESIDENTIAL SINGLE FAMILY TO COMMERCIAL. WHEREAS, application has been duly made to change the zoning classificati as hereinstated, and WHEREAS, all public notices have been duly published according to law, and WHEREAS, public hearings have been held as required by Ordinance 402, and WHEREAS after consideration of the requirements of Ordinance 402 and the land use plan of the City of Okeechobee and the publics interest, It is deemed to be in the best interest of the City of Okeechobee to change the zoning classification of the land lying within the limits of the City of Okeechobee as hereinstated; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. SECTION 1. That the following described real property is hereby rezoned from Residential Single Family to Commercial. Lots 10,11, and 12, Block. 220, City of Okeechobee SECTION 2. That the application requesting this Amending Ordinance, and proof of publication for any and all public hearings in connection herewith shall be attached to this Ordinance. SECTION 3. The City Clerk shall make the appropriate change on the city zoning map in accordance with this Ordinance. SECTION 4. This Ordinance shall become effective immediately upon final passage. DONE AND RESOLVED and made effective this 8th day of December 1981. EDWARD W. DOUGLAS President of City Coune l City of Okeechobee, Florida ATTEST: BONNIE THOMAS, City Clerk City of Okeechobee, Florida QUEST # ANNING BOARD ARD Or ADJUSTMENT & APPEALS 2/--- I,- PAID A-7° /2 61/0 f / SENT ADVERTISEMENT HEARING DATE CLOSING DATE UNIFORM LAND USE APPLICATION .,1NERAL NATURE (-)F REQUEST: Rezone of Land Zoning Ordinance Change Appeal of decision of Zoning Administrator D. E. F. Variance Special Exception Other %0FICE: PAYMENT OF FEE MFSI ACCOMPANY FhtS APPL1CAFION ALONG WITH PkOOF OF' OWNERSHIP. (land deed, tax recei P etc.) Lull name of owner of property • / , Name of applicant if other than owner Relationship to owner: \taiiir»j address for notification ,7I J',.? relephone Number X.,J/4----4,1- G.ila/ gefei.0 agent; attorney. Legal description of property involved (as found in official records): Attach additional sheets if tee,ssary. 21674 /4›, //, / treet adross and/oti.Ileseriptive location of property: J (7 2-- DEZONE OF LAND I. Proposed shance /( Autv rlassification from Are there improvements OH the property at this time? 7xL . how is the property being used at this time? t o 4• Would any present use ot the property be considered a violation of /oning Ordin ce 40:2, or any other Ordiaance of code of the City of Okee- chobee? If yes. please state nature of the violation: Do vou wish to appear and make a presentation before t aI d the City Council at 11 e necesar\ public hearings? I'1 ;ilIrlirIg Board VARIANCE 1. Nature of varian e sought, : .212.±? le spoci-fic s ssize, lteit ht, area, 4 t040al.."J, ) 6�r� � . What special exceptions or conditio land, sutures, or bui. .Lt which are area`' 6 - i. Did 'th ? v !�. What is the Arcs special condition or dimensions. etc. exist which are particular to the appl ' cable to other lands in the c !l /i4J ,.moo , 1,t'CUms1 1nce res 1 t 11 m your ;u 1.1un:" minimum variance that would be necessary for a reasonable structure? /2 /// ae> ' o,e Ji /2� 4.-te,c `O' 1 this variance should be (Se ;xi t:he land, building or i revid j. �JIG �'/ !.1 e /21.d 'i 5. Please state a; y other reasons why you fee 1 l n t e 1? f0, s 7 ` /� -_-f4 -4� e 'L4 �f �sie.1/ 'J �i,� d ,¢/cry 1. hereby certify that the above tr'ur and correct. SPECIAL EXCEPT1t)N 1. Please s t ate n a tu r e of lv " <.4-J answers anti Sign eCia ormation this appl ation •...1111tteavdti, exception desired'? Please state the /oiling +0 (iinartce Section except.-iOn is sought"! under which tie special 1 hereby certify that tho above answers and information on this application true nod correct. gn VARIANCE, SPECIAL EXCEPTION, & REZONING CHECKLIST I. Items required with application IJA. Properly filled out application V/B. Plot and construction plans drawn to scale with required information as follows: '171. Shape and size of lots 12. Location and size of existing buildings if any 3. Location and size of buildings to be erected or altered _L4. Existing use of buildings on the lot if any /5. Intended use of building(s) or parts thereof . Number of families or occupants building Is designed to accommodate • Location and number of required off-street parking and loading spaces /8. Locations and descriptions of existing and proposed landscaping /9. Other pertinent information ,d >4-, -/L Certification that lot is properly staked II. Special conditions and safeguards in granting variance or spec. exc. A. Time limit to begin or complete action requiring var. or spec. exc. B. Other III, Findings - VARIANCE A. Special conditions and circumstances exist which are peculiar to the land, structure, or buildin g. involved and which are not applicable to other lands, structures, or buildings in the same zoning district! • The special conditions and circumstances do not result from the actions of the applicant; C. Literal interpretation of the provisions of this zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and would work unnecessary and undue hardship on the applicant; The variance, if granted is the minimum variance that will make possible the reasonable use of the land, building, or structure; Granting the variance requested will not confer on the applicant any special priyilege that is denied by this zoning ordinance to other lands, buildings, or structures in the same zoning district: V/7F. The granting of the variance will be in harmony with the general intent and purpose of this zoning ordinance, and will, not be injurious to the neighborhood, or other- wise detrimental to the public welfare. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this zoning ordinance, including but not limited to, reasonable time limits within which the action for which the variance is required shall be begun or completed or both. (See section It,of checklist) 'QUEST # /off %z�d' ANNING HOARD W;1) OF ADJUSTMENT rr APPEALS PAM !NERAI tiATl .I l-' OF RE(,tt`ES I: Rezone of Land %:{?Tully; Ordinance Change Appeal of decision of 'toning Administrator NUJ11t.;E SENT ADVERTISEMENT NT• HEARING DATE CLOSING I)ATL r: N.1.1H Ott 1 LAND USE "P P1.,_i_CA1'1ON /62///)7( . /4_4ZZ /// W/ Variance Special Exception Other f lt'E: PAYMENT OF FEE 111..,';x1 ACCOMPANY PHIS APPLLCATLON ALONG W1TII PRIMP OF OWNERSHIP. (land deed, tax receipt), etc.) Pull name of owner of property G. G� .�,� .�1-.✓c7-v0 ed- ,Ad;4--/(11 50' Name of applicant if other than owner Relationship to owner: agent; attorney. lati ling address for notification /'"d % Sl j rj 1-74.- 3 77-- el ephone Number 7 3 -. '32/Qs.) 75.-J-,.3 Legal dfacription of property involved (as found in official. records): Attach. additional sheets if necessary. /5 /© / 1-, /0c - - o le .0," c1A6)f CE,- :,treet aJldress and, or descriptive location of property: Pr /ONE raft /0 c A ND Proposed change /oniutr (.1a.s:,.ificatiorr from e, ∎22 o,2 e, .4- / Are there improvements on the property at this time? How the property t:,ri.ir ra 0(1 aft this time? t Li. Would any present use of the property be considered a violation of 'oning C)rdinr.;j lce 402, or atr;• other (Ordinance of code of the City of Okee- chobee? /V0 If yes, ptea..e state nature of the violation: 1)o vor.l .sh to rrppo_lr anc the C'if:v C'ounc_i.l at m<lke ai present:rftion before the Planning Hoard ee savy public hearing.,, ngs a VAIdANCE 1. Nature of variance sought: � 'c � o o..» /� �d•� %ti.cJ •ecc :s,v;� �q��.ci,��� l°`.m,v.e��,�.. r7� De specific s t. size, 1_t �ir;ht, are; d:i.,rr nsions, etc. �a 3/ Ad, d.v >�' .v': a e.e5 tr c JT' .b.4d, . ,A00i.ts :_'. 'What special exception, or conditions exist which are partici ttr to the land, structures, or building which are not applicable to other lands in the i t r e <r' :' —77rY7 6.e. 23e-/ e f :r,V- q► ,6,%t3G %6.3" 610 7i ..•ee 41 -elice : [)id the special cundi ti on u' ectuns tnCt' r e<<u1 t frnm vour n.c ti.on? /v4 , 'What is the minimum variance that would he necessary for a reasonable use of the land, building or structure? /? / e 7 ,i/ 4- a , i "/77 e ii4",rd/V 4,74 a' ei . .. , , def . ' e� %j �+4 i c d 043 /e (. '1 ease state w otYier reaAons why Sou feel. this variance should be I y anted :' .¢ddr , /der a.4" e. /ae.. -� , ldy' 4=►t � .07 de 6 �itC�o�:c1.s %_ r% .t- V '- C i der --- k b: rdapcJ 01-Aid- . / ". .e d74 e/ 1 I;erel2v certify that the above :u swers arid a orination this t t rue and correc t :. r / V \C'i'I'T7.(!\ 1. Please state nature of special exception: desired? 4'1 ease state the Zoning ordinance Sect on under which the special exception is sought? 1 Renee certify that the above answers and information on this application t t ue aI1 correct;. gn VARIANCE, SPECTAL ECEPTTON, ,Ff REZONING CHECKLIST tNas required with application Properiy filled out application v/13. Plot and construction plans drawn to scale with required information as follows, 1/71. Shape and size of lots \72. Location and size of existing buildings if any _1,./..5. Location and size of buildings to be erected or altercd Existing use of buildings on the lot if any Intended use of building(s) or parts thereof b. Number of families or occupants building Is designed to accommoda',e Location and nu ,-r of required off-street parking and loading cpocer. 3. Loations anu .lescripijons of existing and proposed landscaping v/9. Other pertinent information ec.v/fyyi 177.- Aod . Certification that iOr is properly staked 4.! II, Special conditions and safeguards in granting variance or spec. exc. A. Time limit to begin or complete action requiring var. or spec. exc. B. Other III. Findings - REZONING 4A. Is the proposed change contrary to the established land use pattern? 4?B. Will the proposed change create an isolated district un- related to adjacent and nearby property? cam. Will the proposed change materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, etc.? D. Are existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? 26E. Will the proposed change be contrary to the City's conprehensive plan? F. Do changed or changing conditions make the passage of the proposed amendment necessary? h. Will the proposed change adversely influence living con - ditions in the neighborhood? /41-1. Will the proposed change create or excessively increase traffic congestion or otherwise affect public safety? 1.1.1. Will the proposed change create a drainage problem? PJ. Will the proposed change seriously reduce light and air to the adjacent areas? ,dK. Will the proposed change adversely affect property values in the adjacent area? °L. Will the proposed change be a deterrent to the improvement or development of adjacent property in accord with existing regulations? /1/014. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? N. Are there substantial reasons why the property cannot be used in accord with existing zoning? . Is the change suggested out of scale with the needs of the neighborhood or the City? )-P. Is it impossible to find other adequate sites in the City for the proposed use in districts already permitting such use? e. ,./v/V ,4.) Q 15 D. o "49A-1 O �L0 11. CL 0 v-• 2�0 y41RO1,1 piA./ N97-E; '/7.4? Z5 c.c/ A-470 Ai i P O ' , 7 - 0 VLF-K. 6 x— L r /D— / / - t / 2 & ' - / T� �� U A 77= 0 5 E�" ,s u� Gc./ / L ! / ; /3 S& /0-- /9— 8/ NOTICE OF INTENTION TO MEND CITY ZONING ORDINANCE r' `€02 NOTICE OF REQUEST FOR VARIANCE NOTICE is hereby given that the Planning Board of the City of Okeechobee, Florica, a municipal corporation will consider rezoning from Residential Single t'amily to Commercial anc :. to amend accordingly the Comprehensive Zoning Ordinance M02, the following described real property, situate, lying and being within the corporate limits of the City of Okeechobee, 1orica, to -wit: Lots 10,11,12, Block 220, City of Okeechobee 104 S.E. 6th Street NOTICE is hereby given that the Board: of Acjustments and Appeals of the City of Okeechobee, Florida, a municipal corporation, will consider a request for a Variance and:.. to amens accordingly the Comprehensive Zoning Ordnance M02, the Following described real property, situate, lying an being within the corporate limits of the City of Okeechobee, i;loric"a, to -wit: Lots 10,11,12, Block 220, City of Okeechobee 104 South East 6th Street Granting of the request for Variance mould allow a 10 foot setback for an Accition to the existing Builcing. A public hearing in relation thereto will be held at 7:00 P.P., on the arc' fay of November, 1931, in the City Council Room, City Hall, Okeechobee :Florida, at which time all parties in interest and' citizens shall have an opportunity to be heard. PLEASE GOVERN YOURSELVES ACCORDINGLY 4000F 4 Bonnie Thomas City Clerk City of Okeechobee PUBLISH INTHE POST TINES: OCTOBER 16, 1981 Posted on property October 16, 1931, by Building Official Nallette Westbrook. Additional information may be obtainer. by calling 763 -3373. NOTICE OF CHANGE IN DATE OF INTENTION TO AMEND CITY ZONING ORDINANCE #402 NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee, Florida, a minicipal corporation, will consider rezoning from Holding to RG -2 and to amend accordingly the Comprehensive Zoning Ordinance #402, the following described real property, situate, lying and being within the corporate limits of the City of Okeechobee, Florida, to -wit: Lots 1, 2, 3, 4, 5, 16, 17, 18, 19 and 20, Block 14, N.W. Addition to Okeechobee, Florida Granting the rezoning will allow tri -plex apartments for rental property to be built. A second and final hearing in relation thereto has been changed from November 24th, 1981, to 7:00 P.M., December 8th, 1981, in the City Council Room, City Hall, Okeechobee, Florida, at which time all parties in interest and citizens shall have an opportunity to be heard. 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 verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. PLEASE GOVERN YOURSELVES ACCORDINGLY. Bonnie S. Thomas City Clerk City of Okeechobee PUBLISH IN THE OKEECHOBEE NEWS: November 6th, 1981 Posted on the property November 6, 1981, by Building Official, Mallette Westbrook. Additional information may be obtained by calling 763 - 3,372. Mallette Westbrook Building Official NOTICE OF INTENTION TO AMEND CITY ZONING ORDINANCE #402 NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee, Florida, a municipal corporation, will consider rezoning from Holding to RG -2 and to amend accordingly the Comprehensive Zoning Ordinance #402, the following described real property, situate, lying and being within the corporate limits of the City of Okeechobee, Florida, to -wit: Lots 1, 2, 3, 4, 5, 16, 17, 18, 19 and 20, Block 14, N.W. Addition to Okeechobee, Florida Granting the rezoning will allow tri -plex apartments for rental property to be built. A second and final hearing in relation thereto will be held at 7:00 P.M. on the 24th day of November, 1981, in the City Council Room, City Hall, Okeechobee, Florida, at which time all parties in interest and citizens shall have an opportunity to be heard. 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 verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. PLEASE GOVERN YOURSELVES ACCORDINGLY. Bonnie S. Thomas City Clerk City of Okeechobee PUBLISH IN THE OKEECHOBEE NEWS: October 21st, 1981 Posted on property October 21, 1981, by Building Official Mallette Westbrook. Additional information may be obtained by calling 763 -3372. / REGULAR MEETING 2969 TUESDAY, DECEMBER 8, 1981 The City Council of the City of Okeechobee, Florida, convened in regular session in the City Council Chambers, City Hall, Okeechobee, Florida, on Tuesday, December 8, 1981, at 7:00 P.M. Chairman /Mayor Edward W. Douglas presided with the following Councilmen present: Dowling Watford, Jr., Jim Knight, Donald Burk and Oakland Chapman. Others present were City Clerk Bonnie S. Thomas, Administrative Assistant Richard C. Fellows, City Attorney David Conlon, Director of Public Works L. C. Fortner, Jr., Fire Chief Keith Torrey and Deputy Clerk Mary Ann Holt. Chairman Douglas called the meeting to order. Councilman Chapman offered the invocation. 81 -2 APPROVAL OF MINUTES Councilman Watford moved to adopt the minutes of the November 10th regular meeting and the November 19th workshop me ing. Seconded by Councilman Burk. Motion carried. 81 -119 KELTON AND ASSOCIATES Chairman Douglas informed the Council the report from Kelton and Associates on the double taxation study had been received. Mr. Ed Strube of Kelton and Associates appeared before the Council to give a brief overview of the double taxation study made by the firm. Mr. Strube informed the Council that after reviewing the County's budget for the 1979 -80 fiscal year, 1980 -81 fiscal year and the current fiscal year, 1981 -82, the determination of Kelton and Associates is that double taxation does exist in certain areas. The following summary was given: 1979 -80 1980 -81 1981 -82 $179,554 156,341 192,020 These amounts are identified as expenditures being provided for services primarily in the unincorporated area for which the City residents of Okeechobee are being asked to pay either in taxes or other county -wide revenues. After a brief explaination of county -wide generated revenues, Mr. Strube pointed out three remedies provided by Florida Statutes for solving any inequities that may exist: 1) Petition the County to charge appropriate user fees for the services. 2) Remittance to the City of the identified amount of double taxation. 3) Creation of a municipal taxing unit. Kelton and Associates made the following recommendations to the Council in solving the inequities which exist: 1) Petition the Board of County Commissioners for relief from double taxation as provided by Florida Statute 125. 1 2970 , 2) There is a 90 -day response time from the time the Council provides notice to the County that they (County) have to respond to the City's petition. During the 90 -days, the firm recommends the County staff and the City staff get together and have an intergovernmental meeting to resolve any issues on common ground. 3) If unsatisfied or unsuccessful in reaching any common grounds, or the extent of the common ground is insufficient, the City could file an appropriate lawsuit. Council members discussed at length with Mr. Strube several categories of the completed study. Chairman Douglas informed the Council Kelton and Associates proposed the adoption of a Resolution requesting action by the Okeechobee Board of County Commissioners. Councilman Knight moved to adopt the Resolution. Seconded by Councilman Burk. Motion carried. Chairman Douglas instructed the Clerk to enter the Resolution verbatim into the minutes and forward a certified copy to the Board of County Commissioners. Clerk Thomas read the Resolution in its entirety: RESOLUTION A RESOLUTION REQUESTING ACTION BY THE OKEECHOBEE COUNTY BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH CHAPTER 125.01(6) (a) FLORIDA STATUTES. WHEREAS, ARTICLE VIII, Section 1(h) of the 1968 revision of the Constitution of the State of Florida prohibits the taxation of property situated within municipalities for services rendered by the County exclusively for the benefit of property or residents in the unincorporated area of the County; and WHEREAS, the Florida Supreme Count has determined the provisions of Article VIII, Section 1(h) are self- executing; and WHEREAS, the Florida Supreme Court has further interpreted the aforesaid constitutional prohibition to extend to those facilities and services which are of no real and substantial benefit to property or residents situated within municipalities; and WHEREAS, Section 125.01(6)(a), Florida Statutes, provides procedures for the governing body of a municipality to petition the board of county commissioners for relief from above described conditions; and WHEREAS, Section 125.01(7), Florida Statutes, requires Boards of County Commissioners to expend all county revenues, excepting those obtained specially from or on behalf of a municipal service taxing unit, special district, unincorporated area, service area, or program area, for countywide services, programs, and projects; and WHEREAS, the City of Okeechobee has conducted a study which identifies and itemizes services rendered by the County, financed by countywide revenues and ad valorem taxes, and which provide no real and substantial benefits to residents and taxpayers of the City of Okeechobee, a copy of which is attached hereto and included by reference, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Okeechobee, as follows: Section 1. That pursuant to Section 125.01(6)(a) Florida Statutes, the following services are hereby identified to the Board of County Commissioners of Okeechobee County, Florida, as being rendered specially or exclusively for the benefit of property or residents in the unincorporated areas of the County, and /or as being of no real and substantial benefit to property or residents located within the City of Okeechobee, Florida although financed from countywide revenues. A. All costs related to County Building Inspection, Zoning, Comprehensive Planning and Subdivision Regulations. B. Engineering costs relating to subdivision review and inspection, and design, survey and inspection of the unpaved portion of the County Local Road System. C. Road and Bridge Departmental and other non - departmental road expenditures relating to maintenance and /or construction of the unpaved portion of the County local road system, including road rights -of -way; and all drainage maintenance or construction related to the unpaved portion of the County local road system. D. Road Patrol and Investigations as provided by the Okeechobee County Sheriff's Office including appropriate payroll, administrative, operating and capital costs. E. Fire Control expenditures including all contracts and contributions for fire services, State Forestry assessment, and Capital Outlay. F. Animal Control. G. All above costs of services to include appropriate payroll overhead, overhead, supervision, administration, and capital costs; including costs of Accounting, Purchasing, Building Maintenance, and Personnel, and other similar direct and indirect costs of providing services. Section 2. That the Board of County Commissioners of Okeechobee County, Florida, is hereby petitioned to develop appropriate mechanisms and take appropriate actions under the provision of Section 125.01(8)(a), Florida Statutes, to finance the aforesaid services, facilities, and activities from revenues other than those derived from taxation, assessments, or service charges on property or residents within the City of Okeechobee. Section 3. The Board of County Commissioners of Okeechobee County, Florida, is further petitioned to comply with Florida Statute 129.01 (2)(b) and to utilize to the extent necessary, Florida Statute 129.021. Section 4. The Board of County Commissioners of Okeechobee County, Florida, is petitioned to return to the City of Okeechobee, the amount of taxes, service charges and /or other revenues paid by residents and taxpayers of the City of Okeechobee as well as all other revenues excepting those revenues obtained specifically from or on behalf of a municipal service taxing unit, special district, unincorporated area, service area, or program area, as set forth in Florida Statute 125.01(7) to the extent utilized to finance services identified in Section 1 of this Resolution, for Fiscal Year 1982 -83, and for each ensuing Fiscal Year, until such time as alternate financing mechanisms have been implemented and "double taxation" conditions have ceased to exist. Section 5. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Board of County Commissioners of Okeechobee County, Florida. Section 6. This Resolution shall take effect immediately upon its adoption. Introduced and adopted in regular session of the Okeechobee City Council assembled this 8th day of December , 1981. FINAL READING - PUBLIC HEARING 81 -136 LOWELL AND NANCY WILLIAMS-- REZONING Chairman Douglas informed the Council of an Ordinance amending Ordinance 402 changing the classification of specified land from Holding to RG -2 and noting the Planning and Zoning Board's recommended approval. and, Chairman Douglas read the Ordinance in its entirety: ORDINANCE AMENDING ORDINANCE NO. 402, BEING THE COMPREHENSIVE ZONING ORDINANCE WHICH ESTABLISHED ZONING REGULATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA, AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF. AMENDMENT CHANGES CLASSIFICATION OF SPECIFIED LAND FROM HOLDING TO RG -2. WHEREAS, application has been duly made to change the zoning classification as hereinstated, WHEREAS, all public notices have been duly published according to law, and 2972 WHEREAS, public hearings have been held as required by Ordinance 402, and WHEREAS after consideration of the requirements of Ordinance 402 and the land use plan of the City of Okeechobee and the publics interest, it is deemed to be in the best interest of the City of Okeechobee to change the zoning classification of the land lying witin the limits of the City of Okeechobee as hereinstated; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. SECTION 1. That the following described real property is hereby rezoned from Holding to RG-2: Lots 1, 2, 3, 4, 5, 16, 17, 18, 19 and 20, Block 14, N.W. Addition to Okeechobee SECTION 2. That the application requesting this Amending Ordinance, and proof of publication for any and all public hearings in connection herewith shall be attached to this Ordinance. SECTION 3. The City Clerk shall make the appropriate change on the city zoning map in accordance with this Ordinance. SECTION 4. This Ordinance shall become effective immediately upon final passage. DONE AND RESOLVED and made effective this 8th day cf December , 1981. There being no discussion, Councilman Burk moved to amend Ordinance 402 allowing for the rezoning of the specified land from Holding to RG -2. Seconded by Councilman Chapman. After brief discussion by Council members, motion carried. 81 -45 LAGHOW IRRIGATION ;r. Jerry Lafabvre, a member of the Conlon and Tooker Law Firm, appeared before the Council to give an update on the LaGrow suit. The City has received a letter from Mr. Tompkins, attorney for Mr. LaGrow, offering a settlement. Mr. Lafabvre recommended refusal of the settlement. Mr. LaGrow appeared before the Council regarding his involvement in the suit. Mr. LaGrow stated he will help the City in any right way. After discussion between Council members and attorneys, Councilman Burk moved to reject the offer of settlement. Seconded by Councilman Chapman. Motion carried. FINAL, READING - PUBLIC HEARING 81 -153 G. El, AND VIRGINIA BRYANT, III -- REZONING Chairman Douglas informed the Council of an Ordinance amending Ordinance 402 and allowing for the rezoning of specified land from RSF to Commercial noting the recommended approval of the Planning and Zoning Board. Chairman Douglas read the Ordinance in its entirety: ORDINANCE AMENDING ORDINANCE NO. 402, BEING THE COMPREHENSIVE ZONING ORDINANCE WHICH ESTABLISHED ZONING REGULATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA, AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF. AMENDMENT CHANGES CLASSIFICATION OF SPECIFIED LAND FROM RESIDENTIAL SINGLE FAMILY TO COMMERCIAL. WHEREAS, application has been duly made to change the zoning classification as hereinstated, and WHEREAS, all public notices have been duly published according to law, and WHEREAS, public hearings have been held as required by Ordinance 402, and WHEREAS after consideration of the requirements of Ordinance 402 and the land use plan of the City of Okeechobee and the publics interest, it is deemed to be in the best interest of the City of Okeechobee to change the zoning classification of the land lying within the limits of the City of Okeechobee as hereinstated; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA SECTION 1. That the following described real property is hereby rezoned from Residential Single Family to Commercial. Lots 10, 11, and 12, Block 220, 104 S.E. 6th Street, City of Okeechobee SECTION 2. That the application requesting this Amending Ordinance, and proof of publication for any and all public hearings in connection herewith shall be attached to this Ordinance. SECTION 3. The City Clerk shall make the appropriate change on the city zoning map in accordance with this Ordinance. SECTION 4. This Ordinance shall become effective immediately upon final passage. DONE AND RESOLVED and made effective this Eighth day of December , 1981. Councilman Knight moved to rezone the specified land from Residential Single Family to Commercial. Seconded by Councilman Burk. Motion carried. FINAL READING - PUBLIC HEARING 81 -155 ORDINANCE AMENDING ORDINANCE 432 Chairman Douglas read in its entirety an Ordinance amending Ordinance 432: AN ORDINANCE AMENDING ORDINANCE NUMBER 432, RELATING TO GARBAGE AND TRASH PICKUP AND DISPOSAL; AMENDING CHAPTER 10, ARTICLE 3, SECTION 10 -26 TO REPEAL THE PROVISION WHICH ALLOWS NO GARBAGE CHARGE TO BE MADE AT A RESIDENCE THAT IS VACANT DUE TO VACATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION I: Chapter 10, Article 3, Section 10 -26 of the Code of Ordinances of the City of Okeechobee, be it hereby is amended to read as follows: CHAPTER 10 ARTICLE 3 Section 10 -26: PAYMENTS DUE WHETHER OR NOT SERVICES ARE USED All fees assess pursuant to this article shall be due and collectible regardless of whether or not any particular dwelling, business, or person avails itself or himself of this service, em eep> ;- wkeA- tke- pes44eAee- 4e- vaeaAk- due -4e vaeak4en- aad- wkepe- the -pr pep- aetiee -qae- been - €4.184 -wik14 the -e4 y- SECTION II: This ordinance will take effect immediately upon its adoption. Introduced and passed on first reading this Tenth day of November , 1981. Following public hearing this ordinance was passed on second and final reading this 8th day of December , 1981 Councilmen discussed briefly with members of the audience the proposed ordinance. Councilman Chapman moved to accept the Ordinance amending Ordinance 432. Seconded by Councilman Burk. Motion carried. 2974 81 -160 RESOLUTION SUPPORTING LEAGUE OF CITIES CALL FOR STATE -WIDE ONE GENII' SALES TAX INCREASE Council members discussed a proposed resolution supporting the League of Cities call for a new one -cent state -wide sales tax with the monies generated to be returned to the cities and counties with 70% to be used for reducing the present property taxes and 30% to be used for discretionary purposes. Councilman Watford moved to pass the Resolution supporting the sales tax increase. Seconded by Councilman Burk. Motion carried. All members of the Council received a copy of the Resolution therefore Chairman Douglas read by title only: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE APPROVING THE EFFORTS OF THE FLORIDA LEAGUE OF CITIES TO SECURE PROPERTY TAX RELIEF FOR THE PEOPLE OF FLORIDA AND AN ALTERNATE, GROWING SOURCE OF REVENUE FOR LOCAL GOVERNMENTS THROUGH A ONE CENT STATEWIDE INCREASE IN THE SALES TAX AND URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION EMBODYING THE PROPERTY TAX RELIEF AND LOCAL GOVERNMENT ASSISTANCE PROGRAM OF THE FLORIDA LEAGUE OF CITIES. PROPOSED FIVE YEAR FRANCHISE 81 -102 WITH L. P. SANITATION, INC. Mr. Ray Hoekstra, Sr.,and Mr. Ray Hoekstra, Jr. appeared before the Council to discuss the financial status of L. P. Sanitation in regard to the new franchise which is now in the negotiating stages. Councilman Knight moved to set the Performance Bond required of L. P. Sanitation at $75,000.00. Seconded by Councilman Chapman. Councilmen Watford, Knight and Chapman voted in favor of the motion. Councilman Burk opposed the Mr. Hoekstra proposed to the who generate too much garbage for at $50.00 per month. The cost of motion. Motion carried. Council obtaining a one -yard dumpster for commercial clients five (5) cans but not enough to require a two -yard dumpster the one -yard dumpster would be $28.00 per month. Mr. Hoekstra also proposed raising the fee for five (5) cans (commercial rate) from $8.00 per month to $10.00 per month. The consensus of the Council after discussion of the proposals was to leave the $8.00 charge as is and allow L. P. Sanitation to require a one -yard dumpster where needed at a fee of $28.00 per month. After a brief discussion regarding an increase in the residential rate from $5.00 to $5.50 per month, Councilman Knight moved to allow the increase in lieu of the City paying L. P. Sanitation $12,000.00 per year for trash pickup. Motion seconded by Councilman Watford and carried. Chairman Douglas informed the Council the changes would be made in the proposed franchise and brought back to the Council in either a workshop or the January meeting.