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1998-10-06600 ---rec Y_' } r: z I. CALL TO ORDER: - Mayor: October 6, 1998, City Council Regular Meeting, 6:00 p.m. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION II. OPENING CEREMONIES: Invocation offered by Dowling R. Watford, Jr. Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of September 22,1998. PAGE 1 of 13 Mayor Kirk called the October 6, 1998 Regular City Council Meeting to order at 6:00 p.m. Council Member Watford offered the invocation, - Mayor Kirk led the pledge of allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present Council Member Oliver moved to dispense with the reading and approve the Summary of Council Action for the Reyuia, Meeting of September 22,1998; seconded by Council Member Chandler. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. OCTOBER 6, 1998 - REGULAR MEETING - PAGE 2 OF 13 Got .a: V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. M. PRESENTATION OF PROCLAMATIONS- Mayor. A. Proclaim October as National Physical Therapy Month B. Proclaim October 13 -19 as National Food Bank Week. Mayor Kirk asked whether there were any requests for additions, deferrals or withdrawals of items on today's agenda. There were none. Mayor Kirk read the following proclamation and presented it to a representative of the Physical Therapy Profession: "WHEREAS, THE GOALS OF PHYSICAL THERAPY ARE TO IMPROVE THE QUALITY OF LIFE AND PHYSICAL WELLBEING OF PEOPLE OF ALL AGES, AND WHEREAS, THE AMERICAN PHYSICAL THERAPY ASSOCIATION HAS DEDICATED ITSELF TO THE ADVANCEMENT OF PHYSICAL THERAPY PRACTICE, RESEARCH AND EDUCATION TO HELP MEMBERS OF THE PHYSICAL THERAPY PROFESSION TO BETTER SERVE THE PUBLIC'S HEATH CARE NEEDS; AND WHEREAS, PHYSICAL THERAPY THERAPISTS HAVE SERVED THEIR COUNTRY IN ALL MILITARY WARS OF THE TWENTIETH CENTURY, HELPING FELLOW AMERICANS REGAIN THEIR HEALTH AND MOBILITY; AND WHEREAS, THE PHYSICAL THERAPY PROFESSION IS ONE OF THE COUNTRY'S FASTEST GROWING PROFESSIONS, INCREASING FROM 2,000 RECONSTRUCTION AIDS SERVING IN WORLD WAR I TO MORE THAN 85,000 PHYSICAL THERAPISTS PRACTICING IN AMERICA TODAY; NOW THEREFORE I URGE ALL PUBLIC OFFICIALS AND PRIVATE CITIZENS TO JOIN WITH THE PHYSICAL THERAPY PROFESSION TO SECURE BETTER CARE FOR ALL CITIZENS, AND BE IT RESOLVED BY THE OFFICE OF THE MAYOR OF THE CITY OF OKEECHOBEE IN THE STATE OF FLORIDA, THAT THE MONTH OF OCTOBER BE RECOGNIZED AS "PHYSICAL THERAPY MONTH," AND THE PEOPLE OF OKEECHOBEE WILL CELEBRATE SUCH MONTH WITH APPROPRIATE CEREMONIES AND ACTIVITIES." Mayor Kirk read the following proclamation and requested it be forwarded to the appropriate parties, no one from that organization was able to be present tonight: "WHEREAS, MILLIONS OF AMERICANS NEED SUPPLEMENTAL ASSISTANCE AT SOME TIME DURING EACH MONTH; AND WHEREAS, THE TREASURE COAST FOOD BANK, HIGHLIGHTS ITS YEAR LONG EFFORTS TO FEED THE HUNGRY BY OBSERVING NATIONAL FOOD BANK WEEK, OCTOBER 13-19,1998; AND WHEREAS, THE TREASURE COAST FOOD BANK, IS COMMITTED TO PROVIDING FOOD FOR THE HUNGRY AND SOLICITS AND DISTRIBUTES SURPLUS FOOD TO 14 CHARITABLE FOOD PROGRAMS TO ASSIST WITH FEEDING 266,425 MEALS TO NEEDY INDIVIDUALS IN OKEECHOBEE; AND NOW THEREFORE, I ,LAMES E. KIRK, MAYOR OF THE CITY OF OKEECHOBEE ON BEHALF OF ITS CITIZENS, DO HEREBY PROCLAIM OCTOBER 13 - 19, 1998 AS NATIONAL FOOD BANK WEEK IN RECOGNITION OF THE CONTRIBUTION OF TREASURE COAST FOOD BANK IN THE FIGHT TO FEED THE HUNGRY OF OKEECHOBEE." 60z OCTOBER 6,1998 - REGULAR MEETING - PAGE 3 OF 13 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. Mayor Kirk opened the public hearing for ordinance adoption at 6:07 p.m.. A. 1. a) Motion to read by title only, proposed Ordinance No. 716 adopting Council Member Watford moved to remove from the table, proposed Ordinance No. 716; seconded by Council Member Volume 1 of the City Unified Land Development Code - Markham. Administration and Zoning (LDR's) - City Attorney (Exhibit 1). KIRK -YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Council Member Watford moved to read by title only, proposed Ordinance No. 716 adopting Volume 1 of the City Unified Land Development Code - Administration and Zoning (LDR's); seconded by Council Member Markham. A.1 b) Vote on motion to read by title. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES ` MOTION CARRIED. A.1 c) City Attorney to read proposed Ordinance No. 716 by title only. Attorney Cook read proposed Ordinance No. 716 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ESTABLISHING LAND DEVELOPMENT REGULATIONS (LDR's) PURSUANT TO THE PROVISIONS OF FLORIDA STATUTES CHAPTER 163.3202, WHICH ORDINANCE PROVIDES FOR: GENERAL PROVISIONS; CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS; ADMINISTRATIVE BOARDS AND AGENCIES, WITH THE ESTABLISHMENT AND DESIGNATION OF AUTHORITY FOR ADMINISTRATIVE RESPONSIBILITY FORTHE LDR's, ESTABLISHES ATECHNICAL REVIEW COMMITTEE, CITIZEN BOARDS, PLANNING BOARD, BOARD OF ADJUSTMENT, DESIGN AND REVIEW BOARD AND CODE ENFORCEMENT BOARD; ADMINISTRATIVE PROCEDURES AND REQUIREMENTS WHICH ESTABLISHES PROCEDURES AND CONDITIONS FOR PERMIT APPLICATION AND ISSUANCE, TOGETHER WITH FEES AND COSTS, LANDOWNER REMEDIES, AND PUBLIC HEARING PROCESS; APPEAL, SPECIAL EXCEPTION USE, VARIANCE, WHICH ESTABLISHES PROCEDURES FOR THE APPLICATION FOR, AND GRANTING OF, SPECIAL EXCEPTIONS AND VARIANCES, WITH AN APPEAL PROCESS; CONCURRENCY REGULATIONS, WHICH SETS FORTH AND ESTABLISHES A CONCURRENCY MANAGEMENT SYSTEM, WHICH INCLUDES DETERMINATION OF LEVELS OF SERVICE AND PUBLIC FACILITY ANALYSIS AND MONITORING; ZONING DISTRICT REGULATIONS AND ZONING MAP, WHICH ESTABLISHES ZONING DISTRICTS AND MAPS, WITH DESIGNATION OF DENSITIES, AND CREATES ZONING DISTRICTS OF RESIDENTIAL SINGLE FAMILY ONE DISTRICT (RSF 1); RESIDENTIAL SINGLE FAMILY TWO DISTRICT (RSF 2); RESIDENTIAL MOBILE HOME DISTRICT (RMH); RESIDENTIAL _--4 OCTOBER 6,1998 - REGULAR MEETING - PAGE 4 OF 13 &03 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. W+D A.1 c) City Attorney to read proposed Ordinance No. 716 by title only continued. A. 2. a) Motion to adopt proposed Ordinance No. 716. MULTIPLE FAMILY DISTRICT (RMF); COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT (CPO); LIGHT COMMERCIAL DISTRICT (CLT); HEAVY COMMERCIAL DISTRICT (CHV); CENTRAL BUSINESS DISTRICT (CBD); INDUSTRIAL DISTRICT (IND); PUBLIC USE DISTRICT (PUB); AND PLANNED UNIT DEVELOPMENT DISTRICT (PUD); WHICH FURTHER SETS FORTH PARKING AND LOADING REGULATIONS WITH DESIGN REGULATIONS; LANDSCAPE REGULATIONS, WHICH CREATES LANDSCAPE DESIGN AND PLANS, WITH REQUIRED AND PROHIBITED PLANTS OR SHRUBBERY; SIGN REGULATIONS WHICH ESTABLISHES SIGN PERMIT PROCESS, MAINTENANCE, REMOVAL AND SIZE RESTRICTIONS IN EACH DISTRICT; SUPPLEMENTARY REGULATIONS, TO ESTABLISH MEASUREMENT CRITERIA FOR USES, SETBACKS, YARDS, HEIGHTS, AS WELL AS RESTRICTIONS ON POOLS, OUTDOOR STORAGE AND HURRICANE SHELTERS; ACCESSORY USE REGULATIONS FOR MISCELLANEOUS ACCESSORY USES SUCH AS HOME OCCUPATIONS, ANTENNAS, UTILITY STRUCTURES, FENCES, DOCKS, SEAWALL, FLAGPOLE AND RECREATIONAL COURTS; TEMPORARY STRUCTURE REGULATIONS; WITH TEMPORARY USE PERMITS; SPECIAL EXCEPTION USE REGULATIONS, WHICH ESTABLISHES PROCEDURES FOR APPLICATION AND GRANTING THEREOF, WITH DESIGNATION OF TYPES OF SPECIAL EXCEPTION USES PERMITTED; NONCONFORMING USE REGULATIONS, WHICH DEFINES NONCONFORMING USES, THEIR CONTINUATION, DISCONTINUANCE, EXPANSION AND REPAIR; CLUSTER DEVELOPMENT REGULATIONS, NATURAL RESOURCE PROTECTION REGULATIONS, WHICH DEFINES ENVIRONMENTALLY SENSITIVE LANDS AND GROUNDWATER AND WELLHEAD PROTECTION, WITH RESTRICTIONS THEREON; FLOOD HAZARD ZONE REGULATIONS, WHICH DEFINES AND REGULATES FLOOD ZONE PROPERTIES, STRUCTURES, SUBDIVISIONS AND CONSTRUCTION METHODS; DEVELOPMENT REGULATIONS STANDARDS, WHICH SETS MINIMUM DEVELOPMENT STANDARDS AND STANDARDS FOR INFILL DEVELOPMENT; STREET SYSTEM REGULATIONS, WHICH DEFINES SUCH REGULATIONS AND SETS FORTH DESIGN STANDARDS FOR STREETS, RIGHTS OF WAY, VEHICULAR ACCESS AND SIDEWALKS; UTILITY REGULATIONS, WHICH REQUIRES UTILITY SERVICES IN ALL DEVELOPMENT WITH DESIGN STANDARDS THEREFORE; STORMWATER MANAGEMENT REGULATIONS, WITH MINIMUM MANAGEMENT REQUIREMENTS AND EXEMPTIONS THERETO; DEFINITIONS, WHICH SETS FORTH AND DEFINES CERTAIN TERMS AND PHRASES CONTAINED IN THE ORDINANCE; PROVIDES FOR THE ADOPTION OF APPENDICES AND FORMS AND SCHEDULES AS NECESSARY FOR IMPLEMENTATION OF THE ORDINANCE TO BE ADOPTED BY RESOLUTION FROM TIME TO TIME BY THE CITY; PROVIDING FOR REPEAL OF PROVISIONS AND CONFLICTS HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member Oliver moved to adopt proposed Ordinance No. 716, seconded by Council Member Markham. Attorney Cook advised the motion should include the revisions to Section 514, which revises the prohibited plants. Section 515 is a new section entitled utility corridor requirements outlining how far away trees and shrubs can be planted to utility power lines and transformers. Section 753 includes the distance regulations for adult entertainment business in the industrial districts and the inclusion of a dedication page. Motion and second were withdrawn from the floor. Council Member Oliver then moved to adopt Ordinance No. 716 with the revisions as included in Sections 514, 515 and 753 and the inclusion of a dedication page as presented; seconded by Council Member Markham. 404 OCTOBER 6,1998 - REGULAR MEETING - PAGE 5 OF 13 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2 b) Public discussion and comment on the LDR's. Council declared that this document for all practical purposes replaces the "orange book."Council briefly discussed the number of members on each citizen board. The board members may be residents of either the City or the County of Okeechobee and will need to be appointed by the next meeting. Council Member Watford moved to amend the proposed land development regulations, Section 515 Prohibited Plants, strike out in the first paragraph "and shall be removed from the property" and "or permitted to grow'; seconded by Council Member Oliver. Vote on motion to amend: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD YES MOTION TO AMEND CARRIED. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk and Council Member Watford stated again appreciation to the Citizen Advisory Committee and staff for all their hard work on the LDR's. Vote on motion to adopt Ordinance No. 716 as amended: A. 2 c) Vote on motion. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B.1. a) Motion to read by title only proposed Ordinance No. 720 regarding I Council Member Watford moved to read by title only proposed Ordinance No. 720 regarding public nudity and adult public nudity and adult entertainment regulations - City Attorney entertainment regulations; seconded by Council Member Oliver. (Exhibit 7). --4 OCTOBER 6,1998 - REGULAR MEETING - PAGE 6 OF 13 405 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. b) Vote on motion to read by title. B.1. c) City Attorney to read proposed Ordinance No. 720 by title. B. 2. a) Motion to adopt proposed Ordinance No. 720. B. 2. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Attorney Cook read proposed Ordinance No. 720 by title only as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, STATING THE INTENT OFTHE ORDINANCE, PROVIDINGTHE DEFINITION OF NUDITY AS PROHIBITED BY THIS ORDINANCE AND PROVIDING OTHER DEFINITIONS; PROVIDING LEGISLATIVE FINDINGS; PROHIBITING NUDITY AND SEXUAL CONDUCT OR THE SIMULATION THEREOF WITHIN ALCOHOLIC BEVERAGE ESTABLISHMENTS; PROHIBITING NUDITY IN CERTAIN OTHER PUBLIC PLACES; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; AND PROVIDING AN EFFECTIVE DATE." Council Member Oliver moved to adopt proposed Ordinance No. 720; seconded by Council Member Markham. Attorney Cook commented this is only the first step. There will be another ordinance coming in the near future that will expand these types of regulations to adult book stores, movie shops, etc. He also responded to questions if this ordinance was strictly for businesses that serve alcohol and that it also addressed public places. Council Member Watford stated it is a good start. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Mayor Kirk closed the Public Hearing at 6:35 p.m. OCTOBER 6,1998 - REGULAR MEETING - PAGE 7 OF 13 VIII. NEW BUSINESS. A. Motion to approve an amendment to the existing Audit Contract Council Member Oliver moved to approve an amendment to the existing Audit Contract between the City and J.D. between the City and J.D. Gilbert, CPA's for the single audit of the Gilbert, CPA's for the single audit of the Community Development Block Grant Fund in the amount of $2,000; seconded Community Development Block Grant Fund in the amount of by Council Member Watford. Following a brief discussion, the vote was as follows: $2,000. - City Administrator (Exhibit 3). KIRK -YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. B. Discuss approving an Interlocal Agreement between the City and Council discussed a proposed Interlocal Agreement with the County regarding Animal Control and they stated their County regarding Animal Control - City Attorney (Exhibit 4). concerns of a lack of information concerning costs. Council Member Oliver pointed out there is a thirty day termination clause in the agreement Attorney Cook advised he would not have any problems with the agreement as it is presented as long as City Staff kept a month to month tab on the cost and if it was getting out of hand the Administrator_sho.04. bring it to the Council's attention immediately. As a good faith effort on the County's part, this service is already being done by the County for the City also, until an interlocal agreement can be adopted. County Commissioner Abney stated the County's intent is to only operate this on an interim basis, they sent out requests for quotes and received only one bid from the Health Department. He also invited a City representative to sit in on the negotiation meetings. Council Member Watford moved to table. Mayor called for a second three times, motion died for lack of section. Council Member Chandler moved to approve the proposed Interlocal Agreement between the City and County regarding Animal Control; seconded by Council Member Oliver. Mayor Kirk commented this is not something we want to make a habit of but that we probably need to enter into this tonight. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. _-A OCTOBER 6,1998 - REGULAR MEETING - PAGE 8 OF 13 VIII. NEW BUSINESS CONTINUED. C.1. a) Motion to read by title only and set November 17, 1998 as a public hearing date for proposed Ordinance No. 721 closing the North to South Alley in Block 27 located in South Okeechobee and First Addition to South Okeechobee Subdivisions - City Attorney (Exhibit 5). C.1. b) Vote on motion to read by title and set public hearing date. C.1. c) City Attorney to read proposed Ordinance No. 721 by title only C. 2. a) Motion to approve the first reading of proposed Ordinance No. 721. C. 2 b) Discussion. C. 2 c) Vote on motion to approve first reading. Council Member Watford moved to read by title only and set November 17, 1998 as a public hearing date for proposed Ordinance No. 721 closing the North to South Alley in Block 27 and 28 located in South Okeechobee and First Addition to South Okeechobee Subdivisions; seconded by Council Member Markham. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Attorney Cook read proposed Ordinance No. 721 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY, STREET OR ALLEYWAY AS RECORDED IN PLAT BOOK 1 PAGE 17 AND PLAT BOOK 5 PAGE 7 PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA, DESCRIBED AS THOSE ALLEYWAYS LOCATED IN BLOCK 27, SOUTH OKEECHOBEE, AND IN FIRST ADDITION TO SOUTH OKEECHOBEE; AND THAT ALLEY IN BLOCK 28, SOUTH OKEECHOBEE, AND IN FIRST ADDITION TO SOUTH OKEECHOBEE, LOCATED BETWEEN S.W. 15TM STREET AND S.W. 16TH STREET; BY CLOSING SAID ALLEYS; ALL LOCATED WITHIN THE CITY OF OKEECHOBEE, AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE." Council Member Oliver moved to approve the first reading of proposed Ordinance No. 721; seconded by Council Member Markham. Attorney Cook explained that Clerk Thomas has assembled records of past years showing discussions and motions of the City Council that were voted on to close the Alleys in Blocks 27 and 28. At one point they were closed in exchange for the South 30 feet of Lots 6 and 12 of Blocks 27 and 28 and the City has the deeds to that but there is not an ordinance officially closing the alley's. He called Mr. Frank Altobello, the property owner in Block 28 and he stated that he had no objection to the City closing the alley in Block 28. (Block 27 is owned by the County and is the site where the new Okeechobee County Library will be constructed). KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. VW OCTOBER 6,1998 - REGULAR MEETING - PAGE 9 OF 13 VIII. NEW BUSINESS CONTINUED. D. Motion to adopt proposed Resolution No. 98-9 which adopts and Council Member Oliver moved to adopt proposed Resolution No. 98-9 which adopts and establishes Administrative establishes Administrative Forms for use in Conjunction with the Forms for use in Conjunction with the Land Development Regulations; seconded by Council Member Watford. Land Development Regulations -City Attorney (Exhibit 6). Attorney Cook read proposed Resolution No. 98-9 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA WHICH ADOPTS AND ESTABLISHES ADMINISTRATIVE FORMS FOR USE IN CONJUNCTION WITH THE LAND DEVELOPMENT REGULATIONS; WHICH INCLUDE FORMS AND PROCEDURES FOR INCLUSION IN PETITIONS FOR RELIEF FOR LAND USES, DEVELOPMENT ACTIVITIES, AND RELATED PETITIONS, AS PERMITTED BY THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE." Council instructed Administrator Bradshaw and Clerk Thomas to get the applications updated immediately. There being no further discussion, the vote was as follows: KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. E. Motion to adopt proposed Resolution No. 98-10 which adopts Council Member Oliver to adopt proposed Resolution No. 98-10 which adopts Requirements for Information and Requirements for Information and Materials to be submitted with Materials to be submitted with Petitions and Applications under the Land Development Regulations; seconded by Petitions and Applications under the Land Development Council Member Markham. Regulations -City Attorney (Exhibit 7). Attorney Cook read proposed Resolution by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING REQUIREMENTS FOMNFORMATION AND MATERIALS TO BE SUBMITTED WITH PETITIONS AND APPLICATIONS UNDER THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE." KIRK - YES CHANDLER -YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. _--4 OCTOBER 6,1998 - REGULAR MEETING - PAGE 10 OF 13 T0 0 VIII. NEW BUSINESS CONTINUED. F. Motion to adopt proposed Resolution No. 98-11 which adopts a Schedule of Fees and Charges to be enforced within the City for Applications and Petitions as permitted under the Land Development Regulations - City Attorney (Exhibit 8). G. Motion to adopt proposed Resolution No. 98-12 which adopts and sets forth Design Guidelines for'use in the Land Use Designation of Central Business District - City Attorney (Exhibit 9). Council Member Watford moved to adopt proposed Resolution No. 98-11 which adopts a Schedule of Fees and Charges to be enforced within the City for Applications and Petitions as permitted under the Land Development Regulations; seconded by Council Member Oliver. Attorney Cook read proposed Resolution No. 98-11 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AND INCORPORATING A SCHEDULE OF FEES AND CHARGES TO BE ENFORCED WITHIN THE CITY FOR APPLICATIONS AND PETITIONS AS PERMITTED UNDER THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE." There was a discussion between Council and staff and it was understood these are now fees and not deposits for Comprehensive Plan Amendments, Rezonings, Special Exceptions and Variances. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Council Member Watford moved to adopt proposed Resolution No. 98-12 which adopts and sets forth Design Guidelines for use in the Land Use Designation of Central Business District; seconded by Council Member Oliver. Attorney Cook read proposed Resolution No. 98-12 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AND SETTING FORTH DESIGN GUIDELINES FOR USE IN THE LAND USE DESIGNATION OF CENTRAL BUSINESS DISTRICT WHICH ARE SUGGESTIVE IN NATURE IN ORDER TO MAINTAIN A UNIFORM DESIGN FOR COMMERCIAL DEVELOPMENT WITHIN SUCH LAND USE; PROVIDING FOR AN EFFECTIVE DATE." After brief discussion vote on motion was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 610 OCTOBER 6,1998 - REGULAR MEETING - PAGE 11 OF 13 VIII. NEW BUSINESS CONTINUED. H. Motion to adopt proposed Resolution No. 98-13 which adopts Council Member Watford moved to adopt proposed Resolution No. 98-13 which adopts regulations for impounding regulations for impounding vehicles by Law Enforcement - City vehicles by Law Enforcement; seconded by Council Member Markham. Attorney (Exhibit 10). Attorney Cook read proposed Resolution No. 98-13 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING AND CREATING A POLICY TO BE ENACTED WITHIN THE CITY SETTING FORTH CIRCUMSTANCES UNDER WHICH MOTOR VEHICLES MAY BE IMPOUNDED BY LAW ENFORCEMENT, PROVIDING FOR ADMINISTRATIVE PENALTY FOR THE USE OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES, PROVIDING FOR A PROCEDURE FOR REVIEW OF THE IMPOUNDMENT DECISION; PROVIDING FOR A PROCEDURE FOR DISPOSITION OF UNCLAIMED MOTOR VEHICLES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Following a brief discussion, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Attorney Cook interjected that regarding the above resolution that was just adopted, it just occurred to him, the p may. Resolution has him designated as the Special Master, who decides the fate of the vehicle and since he is also the City Attorney he would represent the Police Department, there may be a conflict there, it is something he will discuss with the Police Chief. Mayor requested he advise the Council of what they decide. Discuss Lake Oil Building Permit - Council Member Markham Council Member Markham stated, Lake Oil Company located in the first block of South Parrott Avenue has an (Exhibit 11). application in for a building to be put on their property. He thought the Council needed to be aware of it and see what their feelings were on the type business that was going in there to see if that's the type building or business that would be under the downtown renovation that we have been working on. In Attorney Cook's letter he wrote to us explaining what the building will be used for, however, he had more questions relating to this project. - --4 OCTOBER 6,1998 • REGULAR MEETING • PAGE 12 OF 13 &11 VIII. NEW BUSINESS CONTINUED. I. Discuss Lake Oil Building Permit continued. Attorney Cook responded, the West end of the structure appears to be storage of hydraulic fuel and petroleum products and the Eastern half is office for the gas station, restrooms, a public walk in area to purchase things of some nature, it is not strictly a single use. Attorney Cook and Fire Chief Tomey continued to respond to several of Council Member Markham's question in that, the East end of the building is ground level, the center you can back a truck up to and the West end is ground level. The part that they back up to, will be used for both the gas station use and for petroleum products storage. There is not an ordinance that governs the amount of petroleum products that they can store in the building. The plans do indicate they will be using large tanks, not 55 gallon drums for storage. On the West side of the alley they are requesting a building to be put in there for office space, retail sales, store merchandise and also bulk petroleum storage. They did not know however, if the building was going to be like a distribution center for there other businesses. One of the problems that was discussed last week in this permit, is that the City has already issued it. It was issued under the authority of the orange zoning book. The orange zoning book prohibits bulk storage of flammable liquids except in industrial zoning districts by special exception. The orange book has no definition of flammable liquids. State Statute defines flammable liquid by the point of combustion and that the petroleum products that are going to be stored in there would not be defined as flammable liquid under state law. And flammable liquid is anything below one hundred degrees and combustion is anything above one hundred degrees. The building permit would certainly not permit bulk storage of flammable liquids in the building. The zoning requirements prohibit bulk storage of flammable liquids in Commercial Central Business District, it does not appear to prohibit bulk storage of non-flammable petroleum products in commercial zoning. Robert Keating, who owns a business close by asked the Council if they knew the property owners were scheduled to appear before the Planning Board on October 20th to rezone this property. Attorney Cook responded that he addressed this in his letters to the Council and that while the Commercial Business District (CDB) Zoning on that property permits the use they have which is gas station and accessory structures, the Future Land Use Map designation is Commercial (C). In the past the City has requested that the land owner change the zoning to match the land use map so the request from the property owner is to change from CBD zoning to the C zoning. The question we have now is if that building is strictly a warehouse, then under the orange book, under commercial zoning, it requires a special exception. If it is an accessory structure to the use of the gas station then it would not need a special exception. 61Z OCTOBER 6,1998 - REGULAR MEETING - PAGE 13 OF 13 VIII. NEW BUSINESS CONTINUED. I. Discuss Lake Oil Building Permit continued. The discussion ensued. Council Member Markham again stated his only intent was to inform all the Council of this project and the buildings official uses and that a proposed change in zoning will be coming before them in the near future. IX. ADJOURN REGULAR MEETING - Mayor. III There being no further action, Mayor Kirk adjourned the October 6, 1998 regular meeting at 7:59 p.m. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. ATTEST: BONNIE S. THOMAS, CMC, CITY CLERK --A • 0 CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES I. CALL TO ORDER: called the Oct 6, 1998, City Council Regular Meeting, to order at II. OPENING CEREMONIES: Invocation offered by Pledge of Allegiance led by III. MAYOR, COUNCIL AND STAFF ATTENDANCE PRESENT ABSENT Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Council Member A moved to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of September 22, 1998; seconded by Council Member IscuSSION: V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. PRESENTATION OF PROCLAMATIONS- Mayor. A. Proclaim October as National Physical Therapy Month. read the following proclamation and presented it to WHEREAS, the goals of physical therapy are to improve the quality of life and physical wellbeing of people of all ages, and WHEREAS, the American Physical Therapy Association has dedicated itself to the advancement of physical therap practice, research and education to help members of the physical therapy profession to better serve the public's heath care needs; and WHEREAS, physical therapy therapists have served their country in all military wars of the twentieth century, helping fellow Americans regain their health and mobility; and WHEREAS, the physical therapy profession is one of the country's fastest growing professions, increasing from 2,000 reconstruction aids serving in World War I to more than 85,000 physical therapists practicing in America today; NOW THEREFORE I urge all public officials and private citizens to join with the physical therapy profession to secure better car e for all citizens, and be it resolved by the office of the Mayor of the City of Okeechobee in the State of Florida, that the month of October be recognized as "PHYSICAL THERAPY MONTH," and the people of Okeechobee will celebrate such month with appropriate ceremonies and activities. read the following proclamation and reqdKed it be forwarded to the appropriate . r parties, no one fr .. at organization was able to be present torn: WHEREAS, millions of Americans need supplemental assistance at some time during each month; and WHEREAS, the Treasure Coast Food Bank, highlights its year long efforts to feed the hungry by �observing National Food Bank Week, October 13 - 19, 1998; and WHEREAS, the Treasure Coast Food Bank, is committed to providing food of the hungry and solicits and distributes surplus food to 14 charitable food programs to assist with feeding 266,425 meals to needy individuals in Okeechobee; and NOW THEREFORE, I James E. Kirk, Mayor of the City of Okeechobee on behalf of its citizens, do hereby proclaim October 13 - 19, 1998 as National Food Bank Week in recognition of the contribution of Treasure Coast Food Bank in the fight to feed the hungry of Okeechobee. \ II. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor 5 Council Member �� moved to move from the table, proposed Ordinance No. ^f lI 716; seconded by Council Member DISCUSSION: A. 1. a) Council Member -1 " moved to read by title only, proposed Ordinance No. 716 adopting Volume 1 of the City Unified Land Development Code - Administratiga and Zoning (LDR's) - City Attorney (Exhibit 3); seconded by Council Member b) Vote on motion to read by title. c) City Attorney to read proposed Ordinance 71 titletitlee only. . "A N No 6b Y ORDI NANCE OF THE CIT Y OF KEEC HOBEE FLORI DA, ES TABLISHING LISHI NG >E:' YA!:'`.�7,•1'iJF+E?i#E'<??<EEEr`><'EfEE>EEEE?E<?>E'E>EEEEEE'<<>>>E<�??'>>>?>?>?<'`'«><»<>EE' LAND DEVE LOPMENT MENT RE GULATIONS TIO NS (LD R'S PUR SUANT NT TO THE PROVIS IONS :::::.rx.:::::. tsa OF FLORIDA STATUTES CHAPTER 163. 3202 WHICH ORDIN ANCE PROVIDES FOR: GENERAL PROVISIONS; CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS; ADMINISTRATIVE BOARDS AND AGENCIES, WITH THE ESTABLISHMENT AND DESIGNATION OF AUTHORITY FOR ADMINISTRATIVE RESPONSIBILITY FOR THE LDR'S, ESTABLISHES A TECHNICAL REVIEW COMMITTEE, CITIZEN BOARDS, PLANNING BOARD, BOARD OF ADJUSTMENT, DESIGN AND REVIEW BOARD AND CODE ENFORCEMENT BOARD; ADMINISTRATIVE PROCEDURES AND REQUIREMENTS WHICH ESTABLISHES PROCEDURES AND CONDITIONS FOR PERMIT APPLICATION AND ISSUANCE, TOGETHER WITH FEES AND COSTS, LANDOWNER REMEDIES, AND PUBLIC HEARING PROCESS; APPEAL, SPECIAL EXCEPTION USE, VARIANCE, WHICH ESTABLISHES PROCEDURES FOR THE APPLICATION FOR, AND GRANTING OF, SPECIAL EXCEPTIONS AND VARIANCES, WITH AN APPEAL PROCESS; CONCURRENCY REGULATIONS, WHICH SETS FORTH AND ESTABLISHES A CONCURRENCY MANAGEMENT SYSTEM, WHICH INCLUDES DETERMINATION OF LEVELS OF SERVICE AND PUBLIC FACILITY ANALYSIS AND MONITORING; ZONING DISTRICT REGULATIONS AND ZONING MAP, WHICH ESTABLISHES ZONING DISTRICTS AND MAPS, WITH DESIGNATION OF DENSITIES, AND CREATES ZONING DISTRICTS OF RESIDENTIAL SINGLE FAMILY ONE DISTRICT (RSF 1); RESIDENTIAL SINGLE FAMILY TWO DISTRICT (RSF 2); RESIDENTIAL MOBILE HOME DISTRICT (RMH RESIDENTIAL MULTIPLE FAMILY DISTRICT (RMF); COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT (CPO); LIGHT COMMERCIAL DISTRICT (CLT); HEAVY COMMERCIAL DISTRICT (CHV); CENTRAL BUSINESS DISTRICT (CBD); INDUSTRIAL DISTRICT (IND); PUBLIC USE DISTRICT (PUB); AND PLANNED UNIT DEVELOPMENT DISTRICT (PUD); WHICH FURTHER SETS FORTH PARKING AND LOADING REGULATIONS WITH DESIGN REGULATIONS; LANDSCAPE REGULATIONS, WHICH CREATES LANDSCAPE DESIGN AND PLANS, WITH REQUIRED AND PROHIBITED PLANTS OR SHRUBBERY; SIGN REGULATIONS WHICH ESTABLISHES SIGN PERMIT PROCESS, MAINTENANCE, REMOVAL AND SIZE RESTRICTIONS IN EACH DISTRICT; SUPPLEMENTARY REGULATIONS, TO ESTABLISH MEASUREMENT CRITERIA FOR USES, SETBACKS, YARDS, HEIGHTS, AS WELL AS RESTRICTIONS ON POOLS, OUTDOOR STORAGE AND HURRICANE SHELTERS; ACCESSORY USE REGULATIONS FOR MISCELLANEOUS ACCESSORY USES SUCH AS HOME OCCUPATIONS, ANTENNAS, UTILITY STRUCTURES, FENCES, DOCKS, SEAWALL, 0 • FLAGPOLE AND RECREATIONAL COURTS; TEMPORARY STRUCTURE REGULATIONS; WITH TEMPORARY USE PERMITS; SPECIAL EXCEPTION USE REGULATIONS, WHICH ESTABLISHES PROCEDURES FOR ^�� n APPLICATION AND GRANTING THEREOF, WITH DESIGNATION OF TYPES OF SPECIAL EXCEPTION USES PERMITTED; NONCONFORMING USE REGULATIONS, WHICH DEFINES NONCONFORMING USES, THEIR CONTINUATION, DISCONTINUANCE, EXPANSION AND REPAIR; CLUSTER DEVELOPMENT REGULATIONS, NATURAL RESOURCE PROTECTION REGULATIONS, WHICH DEFINES ENVIRONMENTALLY SENSITIVE LANDS AND GROUNDWATER AND WELLHEAD PROTECTION, WITH RESTRICTIONS THEREON, FLOOD HAZARD ZONE REGULATIONS, WHICH DEFINES AND REGULATES FLOOD ZONE PROPERTIES, STRUCTURES, SUBDIVISIONS AND CONSTRUCTION METHODS; DEVELOPMENT REGULATIONS STANDARDS, WHICH SETS MINIMUM DEVELOPMENT STANDARDS AND STANDARDS FOR INFILL DEVELOPMENT; STREET SYSTEM REGULATIONS, WHICH DEFINES SUCH REGULATIONS AND SETS FORTH DESIGN STANDARDS FOR STREETS, RIGHTS OF WAY, VEHICULAR ACCESS AND SIDEWALKS; UTILITY REGULATIONS, WHICH REQUIRES UTILITY SERVICES IN ALL DEVELOPMENT WITH DESIGN STANDARDS THEREFORE; STORMWATER MANAGEMENT REGULATIONS, WITH MINIMUM MANAGEMENT REQUIREMENTS AND EXEMPTIONS THERETO; DEFINITIONS, WHICH SETS FORTH AND DEFINES CERTAIN TERMS AND PHRASES CONTAINED IN THE ORDINANCE; PROVIDES FOR THE ADOPTION OF APPENDICES AND FORMS AND SCHEDULES AS NECESSARY FOR IMPLEMENTATION OF THE ORDINANCE TO BE ADOPTED BY RESOLUTION FROM TIME TO TIME BY THE CITY; PROVIDING FOR REPEAL OF PROVISIONS AND CONFLICTS HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ��h3 �2. a) Council Member �� moved to adopt proposed Ordinance No. 716, seconded by Council Member; b) Public discussion and comment on the LDR's. � c wi � ,z. J �f i V c) Vote on motion. � -� � � - � _ ;. � .,. _ _.,. . , -� � � � <: i �;� J 4 � � � _ j .. � —`._.� r — _r _. / f i � 7 +_ ,�. .- r"' � , �. �r _-- i — � ." "y-.—�/�,. `�=--' 'ice �'� �-C—��' �tiX.-�,--C..2--,.�. � � ,/ n y' /'` C � � ' _ ,- /' - �� .� i -'�"�/ _ ram, r' ' ,.. -�`_ ,, . �,.--� �,. �'� � i��.'��c�'-�`%`.�, / /� > > � ,� 1_� `�, ,� � `v 1 0 0 B. 1. a) Council Member moved to read by title only proposed Ordinance No. 720 regarding public nudity and adult entertainment regulations - City Attorney (Exhibit 7) seconded by Council Member 6 cj' kI Vote on motion to read by title. C) 2. a) Council Member) moved to adopt proposed Ordinance No. 720; seconded by Council Member b) Discussion. azz c) Vote on motion. CLOSE PUBLIC HEARING -Mayor - _25-S i ! Vill. NEW BUSINESS. A. Council Member L� moved to approve an amendment to the existing Audit Contract between the City and J.D. Gilbert, CPA's for the single audit of the Community Development Block Grant Fund in the amount of $2,000. - City Administrator (Exhibit 3); seconded by Council Member DISCUSSION: V J.... •'•'•.iF:M•:sjj;{:<.•':�>}:•,'�S?>S�:�`>'':{}i} / i L / �- I -cY� ` `:':<>»:fix•:::;•::•::• • • .• :::;.;;��:.::.::.�:��.;;:.;:.;:;:.::.;:;:.:;:::.:::.::.: 1 / i! 4 LJ ��,. ✓� -( ti- � � .� /'" � - �—� �_ ice'._ a - .-' (_� ,: •��,? � c : � _ „ li / • 0 C. 1. a) Council Member l �J moved to read by titre only and set November 17, 1998 as a public hearing date for proposed Ordinance No. 721 closing the North to South Alley in Block 27 located in South Okeechobee and First Addition to South Okeec�Qbee Subdivisions - City Attorney (Exhibit 5); seconded by Council Member'S b) Vote on motion to read by title and set public hearing date. c) City Attorney to read proposed Ordinance No. 721 by title only: AN ORDINANCE CLO SING, VACATING AND E ABANDONING THE ALLEY STREET OR ALLEYWAY AS RECORDED IN PLAT BOOK 1 PAGE 17 AND PLAT BOOK 5 PAGE 7 PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA, DESCRIBED AS THOSE ALLEYWAYS LOCATED IN BLOCK 27, SOUTH OKEECHOBEE, AND IN FIRST ADDITION TO SOUTH OKEECHOBEE; AND THAT ALLEY IN BLOCK 28, SOUTH OKEECHOBEE, AND IN FIRST ADDITION TO SOUTH OKEECHOBEE, LOCATED BETWEEN S.W. 15T" STREET AND S.W. 16T" STREET; BY CLOSING SAID ALLEYS; ALL LOCATED WITHIN THE CITY OF OKEECHOBEE, AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. 2. a) Council Member,`0� moved to approve the first reading of proposed Ordinance No. 721; seconded by Council Members b) Discussion. c) Vote on motion to approve first reading. �i /{� C-�, t-/" H Motion to adopt proposed Resolution No. 98-13 which adopts regulations for impounding vehicles by Law Enforcement - City Attorney (Exhibit 10). n I. Discuss Lake Oil Building Permit - Council Member Markham (Exhibit 11). T " l 7 •_C'= .,_-c.. �/��<.�U^, Jl, ice.-�C��-��`(`.,L>- Lam..._-, :/�,''��"�. �•i:.�--� ��....� �"..a.j 'C- l _ i -/ �' z r , ADJOU P.EGULAR MEETING - Mayor.. _ _ i _ _ __- �_ �. ,- � — ��` � a �- - ,� / �'� � �,, �� /° -,r -� , _ _ �A"� � � --� ,. ,// i ,.� .. �.. �' ', �, � , ,� I — c� '- ,_ � �• �; � t I, T � �S � �, v' I � 4 r _ i / /: {,' _ / `- � ��- �/' � J �' � � �..� Ir , ��_4. ---- -- �,� �_. � , _ _; r � � � i �. � � �. V / / ii" ,C i � , � / �� f -, -f- �' �1 � �� _ CC- _._-z� ��E�� -C �� i ., _ , _. � / . ��/: ,. �, _� n t f( �'..ti � � i !- �_ LJ 0 CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES I. CALL TO ORDER: canea the uct n =o un vuui lull IXG u101 II. OPENING OPENING CEREMONIES: Invocation offered by Pledge of Allegiance led by r III. MAYOR, COUNCIL AND STAFF ATTENDANCE IV PRESENT ABSENT Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of September 22, 1998; seconded by Council Member A10 —_. DISCUSSION: 1J0A%D,_ V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. PRESENTATION OF PROCLAMATIONS- Mayor. A. Proclaim October as National Physical Therapy Month. read the following proclamation and presented it to u WHEREAS, the goals of physical therapy are to improve the quality of life and physical wellbeing of people of all ages, and WHEREAS, the American Physical Therapy Association has dedicated itself to the advancement of physical therap practice, research and education to help members of the physical therapy profession to better serve the public's heath care needs; and WHEREAS, physical therapy therapists have served their country in all military wars of the twentieth century, helping fellow Americans regain their health and mobility; and WHEREAS, the physical therapy profession is one of the country's fastest growing professions, increasing from 2,000 reconstruction aids serving in World War I to more than 85,000 physical therapists practicing in America today; NOW THEREFORE I urge all public officials and private citizens to join with the physical therapy profession to secure better car e for all citizens, and be it resolved by the office of the Mayor of the City of Okeechobee in the State of Florida, that the month of October be recognized as "PHisicALTHERAPYMONTH," and the people of Okeechobee will celebrate such month with appropriate ceremonies and activities. 1) 0 0 B. Proclaim October 13 -19 as National Food Bank Week. `i� read the following proclamation and requested it be forwarded to the appropriate parties, no one from that organization was able to be present tonight: `WHEREAS, millions of Americans need supplemental assistance at some time during each month; and WHEREAS, the Treasure Coast Food Bank, highlights its year long efforts to feed the hungry by observing National Food Bank Week, October 13 - 19, 1998; and WHEREAS, the Treasure Coast Food Bank, is committed to providing food of the hungry and solicits and distributes surplus food to 14 charitable food programs to assist with feeding 266,425 meals to needy individuals in Okeechobee; and NOW THEREFORE, I James E. Kirk, Mayor of the City of Okeechobee on behalf of its citizens, do hereby proclaim October 13 - 19, 1998 as National Food Bank Week in recognition of the contribution of Treasure Coast Food Bank in the fight to feed the hungry of Okeechobee. 1i VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION -Mayor (S.O`1 Council Member b(�) moved to remove from the table, proposed Ordinance No. 716; seconded by Council Member LTn DISCUSSION: A. 1. a) Council Member W moved to read by title only, proposed Ordinance No. 716 adopting Volume 1 of the City Unified Land Development Code - Administration and Zoning (LDR's) - City Attorney (Exhibit 3); seconded by Council Member T_�>o-- b) Vote on motion to read by title. c) City Attorney to read proposed Ordinance No. 716 by title only. "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ESTABLISHING LAND DEVELOPMENT REGULATIONS :: ?raE:::»:;:::; f :;:.>:.:::;.;:;.;:...,� ;:::>;>::»>:;.;•::::::::::.::.>:.::.;:.;;:::.::.;•::::.>:.;::>::><:<:.:: ( L DR'S) PU RSUANT NT TO THE PRO VISIONS NS OF FLORIDA STATUT ES CH APTER '.old ....... 3202, WHICH ORDINANCE PROVIDES FOR: GENERAL PROVISIONS; CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS; ADMINISTRATIVE BOARDS AND AGENCIES, WITH THE ESTABLISHMENT AND DESIGNATION OF AUTHORITY FOR ADMINISTRATIVE RESPONSIBILITY FOR THE LDR'S, ESTABLISHES A TECHNICAL REVIEW COMMITTEE, CITIZEN BOARDS, PLANNING BOARD, BOARD OF ADJUSTMENT, DESIGN AND REVIEW BOARD AND CODE ENFORCEMENT BOARD; ADMINISTRATIVE PROCEDURES AND REQUIREMENTS WHICH ESTABLISHES PROCEDURES AND CONDITIONS FOR PERMIT APPLICATION AND ISSUANCE, TOGETHER WITH FEES AND COSTS, LANDOWNER REMEDIES, AND PUBLIC HEARING PROCESS; APPEAL, SPECIAL EXCEPTION USE, VARIANCE, WHICH ESTABLISHES PROCEDURES FOR THE APPLICATION FOR, AND GRANTING OF, SPECIAL EXCEPTIONS AND VARIANCES, WITH AN APPEAL PROCESS; CONCURRENCY REGULATIONS, WHICH SETS FORTH AND ESTABLISHES A CONCURRENCY MANAGEMENT SYSTEM, WHICH INCLUDES DETERMINATION OF LEVELS OF SERVICE AND PUBLIC FACILITY ANALYSIS AND MONITORING; ZONING DISTRICT REGULATIONS AND ZONING MAP, WHICH ESTABLISHES ZONING DISTRICTS AND MAPS, WITH DESIGNATION OF DENSITIES, AND CREATES ZONING DISTRICTS OF RESIDENTIAL SINGLE FAMILY ONE DISTRICT (RSF 1); RESIDENTIAL SINGLE FAMILY TWO DISTRICT (RSF 2); RESIDENTIAL MOBILE HOME DISTRICT (RMH)RESIDENTIAL MULTIPLE FAMILY DISTRICT (RMF); COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT (CPO); LIGHT COMMERCIAL DISTRICT (CLT); HEAVY COMMERCIAL DISTRICT (CHV); CENTRAL BUSINESS DISTRICT (CBD); INDUSTRIAL DISTRICT (IND); PUBLIC USE DISTRICT (PUB); AND PLANNED UNIT DEVELOPMENT DISTRICT (PUD); WHICH FURTHER SETS FORTH PARKING AND LOADING REGULATIONS WITH DESIGN REGULATIONS; LANDSCAPE REGULATIONS, WHICH CREATES LANDSCAPE DESIGN AND PLANS, WITH REQUIRED AND PROHIBITED PLANTS OR SHRUBBERY; SIGN REGULATIONS WHICH ESTABLISHES SIGN PERMIT PROCESS, MAINTENANCE, REMOVAL AND SIZE RESTRICTIONS IN EACH DISTRICT; SUPPLEMENTARY REGULATIONS, TO ESTABLISH MEASUREMENT CRITERIA FOR USES, SETBACKS, YARDS, HEIGHTS, AS WELL AS RESTRICTIONS ON POOLS, OUTDOOR STORAGE AND HURRICANE SHELTERS; ACCESSORY USE REGULATIONS FOR MISCELLANEOUS ACCESSORY USES SUCH AS HOME OCCUPATIONS, ANTENNAS, UTILITY STRUCTURES, FENCES, DOCKS, SEAWALL, • 0 FLAGPOLE AND RECREATIONAL COURTS; TEMPORARY STRUCTURE REGULATIONS; WITH TEMPORARY USE PERMITS; SPECIAL EXCEPTION USE REGULATIONS, WHICH ESTABLISHES PROCEDURES FOR APPLICATION AND GRANTING THEREOF, WITH DESIGNATION OF TYPES OF SPECIAL EXCEPTION USES PERMITTED; NONCONFORMING USE REGULATIONS, WHICH DEFINES NONCONFORMING USES, THEIR CONTINUATION, DISCONTINUANCE, EXPANSION AND REPAIR; CLUSTER DEVELOPMENT REGULATIONS, NATURAL RESOURCE PROTECTION REGULATIONS, WHICH DEFINES ENVIRONMENTALLY SENSITIVE LANDS AND GROUNDWATER AND WELLHEAD PROTECTION, WITH RESTRICTIONS THEREON; FLOOD HAZARD ZONE REGULATIONS, WHICH DEFINES AND REGULATES FLOOD ZONE PROPERTIES, STRUCTURES, SUBDIVISIONS AND CONSTRUCTION METHODS; DEVELOPMENT REGULATIONS STANDARDS, WHICH SETS MINIMUM DEVELOPMENT STANDARDS AND STANDARDS FOR INFILL DEVELOPMENT; STREET SYSTEM REGULATIONS, WHICH DEFINES SUCH REGULATIONS AND SETS FORTH DESIGN STANDARDS FOR STREETS, RIGHTS OF WAY, VEHICULAR ACCESS AND SIDEWALKS; UTILITY REGULATIONS, WHICH REQUIRES UTILITY SERVICES IN ALL DEVELOPMENT WITH DESIGN STANDARDS THEREFORE; STORMWATER MANAGEMENT REGULATIONS, WITH MINIMUM MANAGEMENT REQUIREMENTS AND EXEMPTIONS THERETO; DEFINITIONS, WHICH SETS FORTH AND DEFINES CERTAIN TERMS AND PHRASES CONTAINED IN THE ORDINANCE; PROVIDES FOR THE ADOPTION OF APPENDICES AND FORMS AND SCHEDULES AS NECESSARY FOR IMPLEMENTATION OF THE ORDINANCE TO BE ADOPTED BY RESOLUTION FROM TIME TO TIME BY THE CITY; PROVIDING FOR REPEAL OF PROVISIONS AND CONFLICTS HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Wf KL*';d wJ40 2. a) Council Member 6a moved to adopt proposed Ordinance No. 716, seconded by , Council Member ► (;Q, adcw toxa4 wisim. ko-Lu3td 0 Z C"4A-D KA-b+ALAft -- 4� the LDR's. I" b) Public discussion and comment on O _kA4AAAI %� SIB[ +r $l5 "�x� "L 1 Lie) • 7` d nu u- _ax"6 .v-%. uw_& 01< utxj � .�.� ( ld4W mah01u OU6C. WA& t�-Pu-4- - �� o. - �- ��--`lam. CA 13c�n,�cte ��f1p�n}�Q Vu� "-T--F (1L. c) Vote on motion. \_J 0 B. 1. a) Council Member Q w moved to read by title only proposed Ordinance No. 720 regarding public nudity and adult entertainment regulations - City Attorney (Exhibit* seconded by Council Member ✓.30 b) c) vnte on motion to read by title. City Attorney to read proposed Ordinance No. 2. a) Council Member moved to adopt proposed Ordinance No. 720; seconded by Council Member b) Discussion. (u6i-0uo- � t-4\Q-�&- f3o - Gam►-�A • .� �- pp .u, ,��,, a.nct c - pGw� 2 C� 1�t�� • vim✓ c) Vote on motion. CLOSE PUBLIC HEARING - Mayor -t1-1--,—"r • • VIII. NEW BUSINESS. A. Council Member Q siD moved to approve an amendment to the existing Audit Contract between the City and J.D. Gilbert, CPA's for the single audit of the Community Development Block Grant Fund in the mount of $2,000. - City Administrator (Exhibit 3); seconded by Council Member DISCUSSION: Q) - ham. � � ,I4W.-Jk061A� B. Discuss approving an Interlocal Agreement between the City and County regarding Animal Control - City Attorney (Exhibit 4). DISCUSSION: C W¢ CL ::::::::«:> Je - :::::.: t.::.:::.:.:.................:.::::: / J _ f ?'ii:�ti[• ••.•••••.•.••• ••••••: �'':::::'i: y �:':��:�i�i:i �:8' >�•`::::::t:::::'S":':: �::':::':::�:�:isE:`ir'i::#:''::::'�:::,M:::''is�::''': 1. n1.cu �.c.c�co :isi:.::::��.,,'..1:�;K::::::::::it:?,Y,�•,•�•• .'7:1v�::i::::iiilF,:::::::i: Y �'�.`�'•�' ` (^' .1vj'\) ��.i V /n LALcpaCL- C re 50.00 ?� t c1 �C a4j a 13d - 30 dl , 9 to w fm a�lam. ccvw Dw - � �.4.1 d- apt VkL ID • Anj OLXA -ado nikot ova, J-ao&�` 1VQO ablao� kc?g� c t mac. Aio % o"d e C- P, PC O q , u� C&A" Gee AOAc44 .1K -�" 6-1p Clod tyemax.. 4-At CW11a, C jMd �-" �V VAO fY CIO , ".40 Ceru VO �(� - L.#-i k (A.AO- JVot use. 14Wa ,a� � 1 c W 4oc� • • nuLL o.�Wukl- - ca9. 0 � e9.�Rn- (, �e Pat OL �, 4-t VA ilcru Lo"Q� ou- �- jorijvt� xm-*mK� oA twi(t 6L, taw q7 PdA� i, -�� C;R W,,�o izz w� U4 rano u e k OF m cil&?tl 4-ab4- UAA� 10/20. jud �o oty- � t-\.a-o-u-d - C PpaMc,ea CIO�ecee..McC ZwC /�C- V k7fA- : C�..P. l� fYL C 3o c1s� lAnPP.Zkce� c.�na. Q� RJ.`4". (E�-� LI • C. 1. a) Council Member ©w moved to read by tide only and set November 17,1998 as a public hearing date for proposed Ordinance No. 721 closing the North to South Alley in epBlock 2 located in South Okeechobee and First Addition to South Okeechobee Subdivisions -City Attorney (Exhibit 5); seconded by Council Member b) c) Vote on motion to read by title and set public hearing date. City Attorney to read proposed Ordinance No. 2. a) Council Member —bCL- moved to approve the first reading of proposed Ordinance No. 721; seconded by Council Member L-M b) Discussion. " &CLd; WtK*- U& /lQl XdL, Lq c) Vote on motion to approve first reading. D. Motion to adopt proposed Resolution No. 98-9 which adopts and establishes Administrative Forms f ' C f 'th th L d D or use in onJunc ion wi a an eve opment Regulations - City Attorney (Exhibit 0).J%JUL)Uuwt `CZJ� t OAJ, u'-ui E. W Motion to adopt proposed Resolution No. 98-10 which adopts Requirements for Information and Materials to be submitted with Petitions and Applications under the Land Development Regulations - City Attorney (Exhibit 7). LIX ZF. 041 Motion to adopt proposed Resolution No. 98-11 which adopts a Schedule of Fees and Charges to be enforced within the City for Applications and Petitions as permitted under the Land Development Regulations - City Attorney (Exhibit 8) W twk 'k-kllt, . G. -t>W Motion to adopt proposed Resolution No. 98-12 which adopts and sets forth Design Guidelines for use in the Land Use Designation of Central Business District - City Attorney (Exhibit 9). an -1� mCL& atn2 44uO !ll.bcilJ.�o,) , °i' MCW'zltQ� RAZ aCL COY(l6k �- hr�. fv .�nca,� v�o aqua. w/ rr�: s�-� . wio r,w �W Y�D ? 17� �� So�,.ac Zb • • H �,�oLIDtio/n to adopt proposed Resolution - /'�' p No. 98 13 which adopts regulations for impounding vehicles by Law Enforcement - City Attorney (Exhibit 10). / rn I. Discuss Lake Oil Building Permit - Council Member Markham (Exhibit 11). C�O.�o- WWk• 5�� we. Vt c c�� wo bey vtr , sr Q. twz- Ak-4c"S . No shy C"d Fs ate.. Lrn- c,�/ 1-now 4L6, cUAaq- OIL ego do af) .CuLut &tAmait., d_ (F OUL -fxrx,, (W Au" v LhY, �C d6 MQ ` AA f M /0 tLc2. CY. I%z. it hl o (AL Wit Cb qdu� -fro r-)D- Ckc Q-pxp-4Jd1.u1- WL. . 441, ")ta P6,k) � POLLia LAI - Sia4t X. ADJOURN REGULAR MEETING - Mayor.. I. 0 II. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER: - Mayor. October 6, 1998, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation offered by Dowling R. Watford, Jr.; Pledge led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Robert J. Bradshaw City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea is IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of September 22, 1998. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 of 4 OCTOBER VI. PRESENTATION OF PROCLAMATIONS- Mayor. A. Proclaim October as National Physical Therapy Month. B. Proclaim October 13 - 19 as National Food Bank Week. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 1998 - CITY COUNCIL AGENDA - PAGE 2 OF 4 • A. 1. a) Motion to read by title only, proposed Ordinance No. 716 adopting Volume 1 of the City Unified Land Development Code - Administration and Zoning (LDR's) - City Attorney (Exhibit 1). b) Vote on motion to read by title. c) City Attorney to read proposed Ordinance No. 716 by title only. 2. a) Motion to adopt proposed Ordinance No. 716. b) Public discussion and comment on the LDR's. c) Vote on motion. B. 1. a) Motion to read by title only, proposed Ordinance No. 720 regarding public nudity and adult entertainment • regulations- City Attorney (Exhibit 2). b) Vote on motion to read by title. c) City Attorney to read proposed Ordinance No. 720 by title only. 2. a) Motion to adopt proposed Ordinance No. 720. b) Public discussion and comment. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. OCTOBER 6, 1998 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VIII. NEW BUSINESS. A. Motion to approve an amendment to the existing Audit Contract between the City and J.D. Gilbert, CPA's for the single audit of the Community Development Block Grant Fund in the amount of $2,000. - City Administrator (Exhibit 3). B. Discuss approving an Interlocal Agreement between the City and County regarding Animal Control - City Attorney • (Exhibit 4). C. 1. a) Motion to read by title only and set October 20, 1998 as a public hearing date for proposed Ordinance No. 721 closing the North to South Alley in Block 27 located in South Okeechobee and First Addition to South Okeechobee Subdivisions - City Attorney (Exhibit 5). b) Vote on motion to read by title and set public hearing date. c) City Attorney to read proposed Ordinance No. 721 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 721. b) Discussion. . c) Vote on motion to approve first reading. D. Motion to adopt proposed Resolution No. 98-9 which adopts and establishes Administrative Forms for use in Conjunction with the Land Development Regulations - City Attorney (Exhibit 6). E. Motion to adopt proposed Resolution No. 98-10 which adopts Requirements for Information and Materials to be submitted with Petitions and Applications under the Land Development Regulations - City Attorney (Exhibit 7). F. Motion to adopt proposed Resolution No. 98-11 which adopts a Schedule of Fees and Charges to be enforced within the City for Applications and Petitions as permitted under the Land Development Regulations - City Attorney (Exhibit 8). OCTOBER 6, 1998 - CITY COUNCIL AGENDA - PAGE 4 OF 4 VIII. NEW BUSINESS CONTINUED G. Motion to adopt proposed Resolution No. 98-12 which adopts and sets forth Design Guidelines for use in the Land Use Designation of Central Business District - City Attorney (Exhibit 9). H Motion to adopt proposed Resolution No. 98-13 which adopts regulations for impounding vehicles by Law Enforcement - City Attorney (Exhibit 10). 0 I. Discuss Lake Oil Building Permit - Council Member Markham (Exhibit 11). IX. ADJOURN REGULAR MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. • (Vkeerbab e, fflariba ,procCamation WHEREAS, the goals of physical therapy are to improve the quality of life and physical wellbeing of people of all ages, and WHEREAS, the American Physical Therapy Association has dedicated itself to the advancement of physical therap practice, research and education to help members of the physical therapy profession to better serve the public's heath care needs; and WHEREAS, physical therapy therapists have served their country in all military wars of the twentieth century, helping fellow Americans regain their health and mobility; and WHEREAS, the physical therapy profession is one of the country's fastest growing professions, increasing from 2,000 reconstruction aids serving in World War I to more than 85,000 physical therapists practicing in America today; NOW THEREFORE I urge all public officials and private citizens to join with the physical therapy profession to secure better car e for all citizens, and be it resolved by the office of the Mayor of the City of Okeechobee in the State of Florida, that the month of October be recognized as "PHYsicAL THERAN Mom," and the people of Okeechobee will celebrate such month with appropriate ceremonies and activities. J,V uuc.Z Gw� set , iucacG and causa dos, semi toa Q6 a#weJ SEP-22-90 02:44 AM PHYICAL THERAPY OF OKEE 9414�6674 F.02 Physical Therapy of Okeechobee C'HERYL KIRTON, P.T., NI.H.-A. 17011 SW Parrott Aicnuc Suite C okeechubee, Florida 34974 Tcicpbonc (941) 467-6669 Fm%. (941) 467-6674 RESOLUTION NATIONAL PIIYSIC.AL THERAPY MONTH WIIERE AS, the; goals of pti3sical tlwiapti arc to improve the gmhl}of life and physical wellbeing of people (.;f all ages, and WHEREAS, tlic Atm rkmii Physical Thcrap) Associatiw.l has dcdiwtcd il-,Of to dw advallceim;nt of physical therapy practice, research, and education to hcip mcwhcrs of the physical tlscrapy preifcssiotl to belt r scme the public's i,"tlth care ne•_ds, and WHLRF,AS, physical therapists have semed their country in all military wars of the twentieth century, helping I"cllowv Americans regain tl7cir health atul mobility, alxl WIIE.' RL:AS, the phN sical therapy profession is one of Ills coaultry'S fastest growing professions. increasing from 2,0U0 reconstruction aides Servinc in World War I to more than R5,000 physical therapists practicing in .America loday. NOW THEREFORE I urge all public (-Mcials and }xivate citixcns to join with the physical therapy profession to smire taller care for all citir.cns, and ik it resoh cd by the ofliGc of the Mayor of the City of 0kccc5obec in the state or Florida, that the month of O tobcr be recognized as "Physical Therapy Month," and the people or Okeechobee will ccb:bratc such motith with appropriate ceremonies and activities, EE 9414 '6674 P. SEP-22-`3� 02:43 AM PHYSICAL THERAPY OF OK C.F. PHYSICAL. THERAPY INC. DBA PHYSICAL THERAPY OF OKEECHOBEE 1700 S. PARROTT AVENUE STE C OKEEC.HOBEE, FL 34974 TEL: (941) 467-6669 FAX: (941) 467-6674 FAX TRANSMITTAL DATE: $---------- TO: a *lcn�l P - COMPANY: ` A� C --�-- FAX# ��I b � �o FROM: SUBJECT: NUMBER OF PAGES: (INCLUDING THIS FORM) -- MESSAGE MESSAGE MESSAGE MESSAGE ®teerbobee, ,fToriba �rocCamation WHEREAS, millions of Americans need supplemental assistance at some time during each month; and WHEREAS, the Treasure Coast Food Bank, highlights 'its year long efforts to feed the hungry by observing National Food Bank Week, October 13 - 19, 1998; and WHEREAS, the Treasure Coast Food Bank, is committed to providing food of the hungry and solicits and distributes surplus food to 14 charitable food programs to assist with feeding 266,425 meals to needy individuals in Okeechobee; and NOW THEREFORE, I James E. Kirk, Mayor of the City of Okeechobee on behalf of its citizens, do hereby proclaim October 13 - 19, 1998 as National Food Bank Week in recognition of the contribution of Treasure Coast Food Bank in the fight to feed the hungry of Okeechobee. '-ft -to Jmawngs's',,A e4 JA ..fw"'j"3"e'M9� hand and, cased t&& seat to bier affixa Treasure Coast Food Bank, Inc. 1102 S, Fort Pi September 9, 1998 Mayor James Kirk 55 S. E. 3rd Ave. Okeechobee, FL 34974 Dear Mayor Kirk: As you probably know millions of Americans are in need of supplemental food assistance each month. Treasure Coast Food Bank is one of nearly 200 food banks in America's only national network - Second Harvest - which serves more than 50,000 charitable feeding programs in communities coast to coast. Treasure Coast Food Bank and area citizens are teaming up to combat hunger in Okeechobee County and ask that you proclaim October 13 - 19, National Food Bank Week in our community. October has already been proclaimed National Hunger Awareness month, as well as October 16, being nationally proclaimed as World Food Day. The Treasure Coast Food Bank services approximately 150 non-profit agencies in the Treasure Coast area. Annually, our organization provides enough food to these agencies to feed over one million needy individuals a meal. National Food Bank Week is an opportunity to encourage people across the country to support local food banks and respond to hunger. We hope you will help us by issuing a special proclamation commemorating National Food Bank Week in Okeechobee. I will call your office in the next few weeks to determine your interest. Thank you in advance for your consideration of this request. I have attached a sample proclamation for your use should you decide to approve the request. Sincerely, t�5U� Brenda F. Noel Executive Director Feeding The Treasure Coast Since 1988 A United Way Agency PROCLAMATION Whereas, millions of Americans need supplemental assistance at some time during each month. Whereas, Treasure Coast Food Bank, highlights its year long efforts to feed the hungry observing National Food Bank Week, October 13 - 19, 1998 by Whereas, Treasure Coast Food Bank, is committed to providing food for the hungry and solicits and distributes surplus food to 14 charitable food programs to assist with feeding 266,425 meals to needy individuals in Okeechobee. Now, therefore, I James Kirk, Mayor of Okeechobee on behalf of its citizerns, do hereby proclaim October 13 - 19, 1998 as National Food Bank Week in recognition of the contribution of Treasure Coast Food Bank in the fight to feed the hungry of Okeechobee. 0 • ORDINANCE NO. 716 Exhibit 1 - Oct 6 Agenda AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ESTABLISHING LAND DEVELOPMENT REGULATIONS (LDR'S) PURSUANT TO THE PROVISIONS OF FLORIDA STATUTES CHAPTER 163.3202, WHICH ORDINANCE PROVIDES FOR: GENERAL PROVISIONS; CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS; ADMINISTRATIVE BOARDS AND AGENCIES, WITH THE ESTABLISHMENT AND DESIGNATION OF AUTHORITY FOR ADMINISTRATIVE RESPONSIBILITY FOR THE LDR'S, ESTABLISHES A TECHNICAL REVIEW COMMITTEE, CITIZEN BOARDS, PLANNING BOARD, BOARD OF ADJUSTMENT, DESIGN AND REVIEW BOARD AND CODE ENFORCEMENT BOARD; ADMINISTRATIVE PROCEDURES AND REQUIREMENTS WHICH ESTABLISHES PROCEDURES AND CONDITIONS FOR PERMIT APPLICATION AND ISSUANCE, TOGETHER WITH FEES AND COSTS, LANDOWNER REMEDIES, AND PUBLIC HEARING PROCESS; APPEAL, SPECIAL EXCEPTION USE, VARIANCE, WHICH ESTABLISHES PROCEDURES FOR THE APPLICATION FOR, AND GRANTING OF, SPECIAL EXCEPTIONS AND VARIANCES, WITH AN APPEAL PROCESS; CONCURRENCY REGULATIONS, WHICH SETS FORTH AND ESTABLISHES A CONCURRENCY MANAGEMENT SYSTEM, WHICH INCLUDES DETERMINATION OF LEVELS OF SERVICE AND PUBLIC FACILITY ANALYSIS AND MONITORING; ZONING DISTRICT REGULATIONS AND ZONING MAP, WHICH ESTABLISHES ZONING DISTRICTS AND MAPS, WITH DESIGNATION OF DENSITIES, AND CREATES ZONING DISTRICTS OF RESIDENTIAL SINGLE FAMILY ONE DISTRICT (RSF 1); RESIDENTIAL SINGLE FAMILY TWO DISTRICT (RSF 2); RESIDENTIAL MOBILE HOME DISTRICT (RMH RESIDENTIAL MULTIPLE FAMILY DISTRICT (RMF); COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT (CPO); LIGHT COMMERCIAL DISTRICT (CLT); HEAVY COMMERCIAL DISTRICT (CHV); CENTRAL BUSINESS DISTRICT (CBD); INDUSTRIAL DISTRICT (IND); PUBLIC USE DISTRICT (PUB); AND PLANNED UNIT DEVELOPMENT DISTRICT (PUD); WHICH FURTHER SETS FORTH PARKING AND LOADING REGULATIONS WITH DESIGN REGULATIONS; LANDSCAPE REGULATIONS, WHICH CREATES LANDSCAPE DESIGN AND PLANS, WITH REQUIRED AND PROHIBITED PLANTS OR SHRUBBERY; SIGN REGULATIONS WHICH ESTABLISHES SIGN PERMIT PROCESS, MAINTENANCE, REMOVAL AND SIZE RESTRICTIONS IN EACH DISTRICT; SUPPLEMENTARY REGULATIONS, TO ESTABLISH MEASUREMENT CRITERIA FOR USES, SETBACKS, YARDS, HEIGHTS, AS WELL AS RESTRICTIONS ON POOLS, OUTDOOR STORAGE AND HURRICANE SHELTERS; ACCESSORY USE REGULATIONS FOR MISCELLANEOUS ACCESSORY USES SUCH AS HOME OCCUPATIONS, ANTENNAS, UTILITY STRUCTURES, FENCES, DOCKS, SEAWALL, FLAGPOLE AND RECREATIONAL COURTS; TEMPORARY STRUCTURE REGULATIONS; WITH TEMPORARY USE PERMITS; SPECIAL EXCEPTION USE REGULATIONS, WHICH ESTABLISHES PROCEDURES FOR APPLICATION AND GRANTING THEREOF, WITH DESIGNATION OF TYPES OF SPECIAL EXCEPTION USES PERMITTED; NONCONFORMING USE REGULATIONS, WHICH DEFINES NONCONFORMING USES, THEIR CONTINUATION, DISCONTINUANCE, EXPANSION AND REPAIR; CLUSTER DEVELOPMENT REGULATIONS, NATURAL RESOURCE PROTECTION REGULATIONS, WHICH DEFINES ENVIRONMENTALLY SENSITIVE LANDS AND GROUNDWATER AND WELLHEAD PROTECTION, WITH RESTRICTIONS THEREON; FLOOD HAZARD ZONE REGULATIONS, WHICH DEFINES AND REGULATES FLOOD ZONE PROPERTIES, STRUCTURES, SUBDIVISIONS AND Page 1 of 3 • • CONSTRUCTION METHODS; DEVELOPMENT REGULATIONS STANDARDS, WHICH SETS MINIMUM DEVELOPMENT STANDARDS AND STANDARDS FOR INFILL DEVELOPMENT; STREET SYSTEM REGULATIONS, WHICH DEFINES SUCH REGULATIONS AND SETS FORTH DESIGN STANDARDS FOR STREETS, RIGHTS OF WAY, VEHICULAR ACCESS AND SIDEWALKS; UTILITY REGULATIONS, WHICH REQUIRES UTILITY SERVICES IN ALL DEVELOPMENT WITH DESIGN STANDARDS THEREFORE; STORMWATER MANAGEMENT REGULATIONS, WITH MINIMUM MANAGEMENT REQUIREMENTS AND EXEMPTIONS THERETO; DEFINITIONS, WHICH SETS FORTH AND DEFINES CERTAIN TERMS AND PHRASES CONTAINED IN THE ORDINANCE; PROVIDES FOR THE ADOPTION OF APPENDICES AND FORMS AND SCHEDULES AS NECESSARY FOR IMPLEMENTATION OF THE ORDINANCE TO BE ADOPTED BY RESOLUTION FROM TIME TO TIME BY THE CITY; PROVIDING FOR REPEAL OF PROVISIONS AND CONFLICTS HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 163 Florida Statutes requires local governments to adopt land development regulations which are consistent with adopted Comprehensive Growth Management Plans (Comprehensive Plan) WHEREAS, the City of Okeechobee has adopted a Comprehensive Growth Management Plan, and desires to adopt land development regulations as required by said statute; WHEREAS, the Land Planning Agency for the City of Okeechobee, Florida has determined that the land development regulations to be adopted herein are consistent with the goals, objectives and policies set out in the Comprehensive Growth Management Plan heretofore adopted by the City; WHEREAS, the land development regulations adopted by this ordinance are attached and incorporated herein by reference as if fully set forth herein; WHEREAS, the land development regulations adopted by this ordinance replace all existing zoning and land use ordinances, and fulfill the Chapter 163 requirements to adopt local land development regulations consistent with implementing the City of Okeechobee Comprehensive Growth Management Plan; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida at regular meeting, as follows: Section 1: The existing zoning regulations and ordinance adopted heretofore by the City of by Ordinance No. 402 and No. 699 is rescinded and repealed in its entirety. Section 2: The attached document titled CITY OF OKEECHOBEE FLORIDA UNIFIED LAND DEVELOPMENT CODE Volume I Administration and Zoning Regulations, Sections 100 through Sections 990 (hereafter referred to as the LDR's) is hereby made a part of this ordinance and adopted in its entirety by reference, and incorporated herein. Section 3: 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 or otherwise invalid, such decision shall not affect the validity of this ordinance or the regulations as a whole, or any part thereof, other than the specific part so declared to be unconstitutional or invalid. Section 4: All other ordinances or parts of ordinances in conflict herewith or the regulations adopted by reference are hereby repealed. Page 2 of 3 • • Section 5: The ordinance shall take effect upon second and final reading by the City Council on the 22 day of September, 1998. INTRODUCED at first public hearing for first reading and set for final public hearing this 1 day of September, 1998 James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 22 day of September, 1998 ATTEST: Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 The Okeecholse News P.O. Box 639, Okeechobee, Florida 34973 (813) 763-3134 Published Daily STATE OF FLORIDA COUNOF OKEEMOB TY EE $efore the undersigned authority personally appeared Richard Hitt, who on oath says he is Publisherof the Okeechobee News, a DAILY newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of adver- tisement, being a illkgwi t a � ► f7i in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues Of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Flot+ida, and that said newspaper has heretofore been published coptinuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afftant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of Securing this advertisement for publication in the ewspaper- Sworn to and subscribed before me this o day of A.D. 19 Notary Public, State of Florida at Large •�, Anna M Hines f iy Commission CC715804 Expires March 31, 2002 NOTICE OF PUBLIC HEARING BY THE CITY COUN- CIL -.. CITY OF OKEECHOBEE, FLORIDA PLEASE TAKE NOTICE that they City Council of the City of Okeechobee. Florida will on Tuesday, October 6, 1999 at. 6:00 p.tr or as soon thereafter as possible, at the City Half, Building located at 55 SE 3rd Ave., Okeechobee, FL con ductpa Final Public Hej aW consider. -for adoption the. ' 'low,ng Ordinauc4 Na., Q_ kN OADINfA,�j�pIu 06� _ THE CITY Cn[INCft.ARrFfwYt rrr'vcntnvvo NANCE AND PRQQV PROVIDING LEGISI ING NUDITY.AND rltu M1V11NU1fOILJr4JUNG ING FOR SEYERABILI INCLUSION IN THE CITY AN EFFECTIVE DATE, P%" Clerk located in the City Hall ness hours, Monday through- exceptforholidays. ;:, �'4T." mg such jptteres perms,,"*%c of the proo ceedin;gsrandfoy:such ccedit$r,orahm recbrd:of [hproceedln irecord includes the testimony and evidence upon which the app,4 is to be based. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this pro= reeding should contact Bonnie Thomas no later than two (2j working days prior to the proceeding at 941)763-3372; if you are hearing or voice impaired, call TDD 941)534-7777. or Florida Relay Service 1800-955-9770. BONNIE S. THOMAS CMC, CITY CLERK t PUBLISH: 9/25/" Okeechobee News k507 -. E E ORDINANCE NO. 720 Exhibit 2 - Oct 6 Agenda AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, STATING THE INTENT OF THE ORDINANCE, PROVIDING THE DEFINITION OF NUDITY AS PROHIBITED BY THIS ORDINANCE AND PROVIDING OTHER DEFINITIONS; PROVIDING LEGISLATIVE FINDINGS; PROHIBITING NUDITY AND SEXUAL CONDUCT OR THE SIMULATION THEREOF WITHIN ALCOHOLIC BEVERAGE ESTABLISHMENTS; PROHIBITING NUDITY IN CERTAIN OTHER PUBLIC PLACES; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida (the "COUNCIL"), is aware that local governments may, by virtue of the twenty-first (215t) amendment to the United States Constitution, regulate and prohibit various forms of actual and simulated Nude and sexual conduct, and the depiction thereof, within and around Establishments Dealing In Alcoholic Beverages. See California v. LaRue, 409 U.S. 109, 93 S.Ct. 390, rehearing denied, 410 U.S. 948, 93 S.Ct. 1351 (1972); and New York State Liquor Authority v. Bellanca, 452 U.S. 714, 101 S.Ct. 2599 (1981); and, WHEREAS, the COUNCIL is aware that local governments may prohibit the exposure of certain body parts in and around Establishments Dealing In Alcoholic Beverages, see Geaneas v. Willets, 911 F.2d 579 (11th Cir. 1990); and, WHEREAS, the Council wishes to regulate nudity and sexual conduct in and around Establishments Dealing In Alcoholic Beverages; and, the Council is aware of evidence from other communities that indicates that nudity and sexual conduct, coupled with alcohol in Public Places, begets undesirable behavior, and that prostitution, attempted rape, rape, and assault have occurred and have the potential for occurring in and around Establishments Dealing In Alcoholic Beverages where Nude and sexual conduct is permitted; and, WHEREAS, the Council wishes to protect against similar conditions to the end that they not occur in the City of Okeechobee at or around Establishments Dealing In Alcoholic Beverages; and, WHEREAS, the Council desires to prohibit the public display of Nude conduct and sexual behavior or the simulation thereof in and around Establishments Dealing In Alcoholic Beverages; and, WHEREAS, the Council finds and determines that there are increasing incidents of nudity in Public Places other than Establishments Dealing In Alcoholic Beverages and in other places readily visible to the public; and, WHEREAS, the Council finds and determines that Persons who choose to appear Nude in Public Places are engaging in conduct which often serves to impose their nudity on others who did not seek it out, who are not able to reasonably avoid observing it, and who may be offended or distressed thereby; and, WHEREAS, appearing Nude in Public Places was a criminal offense at common law and was considered an act malum en se; and, WHEREAS, the Council desires to protect and preserve the unique character of the City of Okeechobee, Florida as a family oriented, historic attraction for families, tourists and businesses; and, WHEREAS, the Council finds and determines that appearing Nude in Public Places is still contrary to the general societal disapproval that the people of Okeechobee, Florida have of persons appearing Nude among strangers in Public Places; and, Page 1 of 7 WHEREAS, the Council finds and determines that the mere appearance of Persons in the Nude in Public Places generally increases incidents of prostitution, sexual assaults and batteries, attracts other criminal activity to the community, and encourages degradation of women and other activities which break down family structures; and, WHEREAS, the Council finds and determines that without regulation, public nudity constitutes harmful conduct and occurs in a manner which is incompatible with the normal primary activity of a particular place at a particular time; and, WHEREAS, the Council's sole intent in enacting this ordinance is to prohibit the conduct of being Nude in Public Places and to suppress the adverse secondary effects such nudity generates, the Council nevertheless recognizes that there may be instances wherein appearing Nude in a Public Place may be expressive conduct incidental to and a necessary part of the freedom of expression that is protected by United States or Florida constitutional provisions; and, WHEREAS, a requirement that dancers don opaque covering sufficient to cover the Buttocks and the Breasts as such portions of the human anatomy are defined in this ordinance does not deprive the dance of whatever erotic message, if any, it may convey, but simply makes such message, if any, slightly less graphic and imposes only an incidental limitation on the message; and, WHEREAS, it is the intent of the Council to protect and preserve the public health, safety, welfare and morals of City of Okeechobee by restricting, to the full extent allowed by the United States and Florida constitutions, the act of being Nude to places which are not frequented by the public and places which are not readily visible to the public; and, WHEREAS, City of Okeechobee is essentially a rural community in a rural County with less than 35,000 permanent residents; and, WHEREAS, the City of Okeechobee is a City that is, and desires very much to continue to be, a community that contains and is known for traditional wholesome public recreation activities and historic facilities such as: the lake, which is the second largest body of water within the United States; the fishing and recreational activities associated with the lake; the rural atmosphere of the City and County which includes many equestrian activities such as rodeo; the moral and religious idology that exists within the community and the general "small town" reputation enjoyed by all the citizens; WHEREAS, the Council finds and determines that the average person applying contemporary Okeechobee community standards would find that the public nudity prohibited by this ordinance, if allowed, when taken as a whole (i) appeals to the prurient interests and (ii) lacks serious literary, artistic, political, and scientific value; and, WHEREAS, non regulation of persons appearing nude in Public Places within the City of Okeechobee, Florida encourages commercial Entities and other Entities and Persons to advertise outside of City of Okeechobee and the State of Florida by billboard, radio, print and other media the availability of nudity in Public Places within City of Okeechobee and thus encourages the influx into City of Okeechobee of Persons seeking: (i) to observe and/or participate in such nudity and (ii) to participate in the disorderly, harmful, and illegal conduct that is associated therewith, thereby increasing injuries and damages to the citizens of this City who will be victims of such increased disorderly, harmful, and unlawful conduct; and, WHEREAS, competitive commercial advertising and/or exploitation of nudity encourages escalation of Nude and lewd conduct within the competing commercial establishments exploiting such conduct and thereby increases the adverse effects upon public order and the public health, and, WHEREAS, the Council finds and determines that the prohibitions contained herein are the most reasonable and minimal restrictions required so as to regulate conduct which is adverse to public order, health, morality, and decency within the City of Okeechobee when such conduct takes place at locations where the public is present or is likely to be present, or where such conduct would be readily visible to the public; and, WHEREAS, the passage of this ordinance is necessary to preserve the basic character of the incorporated community of the City of Okeechobee; and Page 2 of 7 • • WHEREAS, the Council is aware that States may regulate the conduct of appearing Nude in Public Places. See Michael Barnes v. Glen Theatre, Inc. 115 L.Ed 2d 504, 111 S.Ct. 2456 (1991); and, WHEREAS, the Council is not hereby prohibiting nudity in truly private places or prohibiting nudity which is protected by United States or Florida constitutional provisions; and, WHEREAS, the Council finds and determines the express exemption contained in Section 7(b)(ii) of this ordinance provides adequate protection to Persons who, without such express exemption, might otherwise be prevented or discouraged by the ordinance from exercising constitutionally protected rights; and, WHEREAS, although the Council is of the opinion that this ordinance is a general ordinance regulating conduct and is not an ordinance that affects the use of land as contemplated by Florida Statute 125.66, the Council does not wish to become sidetracked in lengthy and expensive litigation concerning procedural matters that are not relevant to the subject matter of this ordinance and has determined to enact this ordinance under the more conservative, expensive, and time consuming "affecting use of land" procedure as well as under the general procedure for ordinances that regulate conduct; and, WHEREAS, the Council finds and determines that this ordinance is consistent with its current comprehensive plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF OKEECHOBEE, FLORIDA, THAT: Section 1. TITLE: This ordinance shall be known as the City of Okeechobee Public Nudity Ordinance. Section 2. INTENT: It is the intent of this ordinance to protect and preserve the health, safety, welfare, and morals of the citizens of City of Okeechobee by prohibiting a Person from intentionally or recklessly appearing or being Nude, or causing another Person to appear or be Nude, in a Public Place and in other places which may reasonably be expected to be observed by the public within the incorporated areas of City of Okeechobee except: a. When such Person appears Nude in a Place Provided Or Set Apart For Nudity provided (i) such Person is Nude for the sole purpose of performing the legal function(s) that is customarily intended to be performed within such Place Provided Or Set Apart For Nudity and (ii) such Person is not Nude for the purpose of obtaining money or other financial gain for such Person or for another person or Entity, or; b. When the conduct of being Nude can not legally be prohibited by this ordinance (i) because it constitutes a part of a bona fide live communication, demonstration or performance by such Person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression and is not a guise or pretense utilized to exploit nudity for profit or commercial gain. See for instance Board of County Commissioners vs. Dexterhouse, 348 So. 2d 916 (Fla. 2nd DCA 1977) and as such is protected by the United States or Florida Constitution or (ii) because it is otherwise protected by the United States or Florida Constitution. It is the Council's further intention to accomplish those intents and purposes expressed by the Council in the "Whereas" provisions of this ordinance, each of which are incorporated by reference into this Section 2. Section 3. DEFINITIONS: Capitalized terms, when used in this ordinance, shall have the following meanings: a. Alcoholic Beverages: All distilled spirits and all beverages containing one-half of 1 percent or more alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients Page 3 of 7 0 • as though said remainder ingredients were distilled water. b. Breast: A portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and the areola (the darker colored area of the breast surrounding the nipple) and an outside area of such gland wherein such outside area is (i) reasonably compact and contiguous to the areola and (ii) contains at least the nipple and the areola and 1/4 of the outside surface area of such gland. C. Buttocks: (For a short general description see the last sentence of this subsection.) The area at the rear of the human body (sometimes referred to as the glutaeus maximus) which lies between two imaginary straight lines running parallel to the ground when a person is standing, the first or top such line being 1/2 inch below the top of the vertical cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being 1/2 inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the gluteal fold), and between two imaginary straight lines, one on each side of the body (the 'outside lines"), which outside lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass through the outermost point(s) at which each nate meets the outer side of each leg. Notwithstanding the above, Buttocks shall not include the leg, the hamstring muscle below the gluteal fold, the tensor fasciae latae muscle or any of the above -described portion of the human body that is between either (i) the left inside perpendicular line and the left outside perpendicular line or (ii) the right inside perpendicular line and the right outside perpendicular line. For the purpose of the previous sentence the left inside perpendicular line shall be an imaginary straight line on the left side of the anus (i) that is perpendicular to the ground and to the horizontal lines described above and (ii) that is 1/3 of the distance from the anus to the left outside line, and the right inside perpendicular line shall be an imaginary straight line on the right side of the anus (i) that is perpendicular to the ground and to the horizontal lines described above and (ii) that is 1/3 of the distance from the anus to the right outside line. (The above description can generally be described as covering 1/3 of the buttocks centered over the cleavage for the length of the cleavage.) d. Entity: Any proprietorship, partnership, corporation, association, business trust, joint venture, joint-stock company or other for profit and/or not for profit organization. e. Establishment Dealing In Alcoholic Beverages: Any business, commercial or other establishment (whether for profit or not for profit and whether open to the public at large or where entrance is limited by cover charge or membership requirement) including those licensed by the State for sale and/or service of Alcoholic Beverages, and any bottle club; hotel; motel; restaurant; night club,; country club; cabaret; meeting facility utilized by any religious, social, fraternal or similar organization; business, commercial or other establishment where a product or article is sold, dispensed, served or provided with the knowledge„ actual or implied, that the same will be, or is intended to be mixed, combined with or drunk in connection or combination with an Alcoholic Beverage on the premises or curtilage of said business, commercial or other establishment; or business, commercial or other establishment where the consumption of Alcoholic Beverages is permitted. Premises, or portions thereof such as hotel rooms, used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be an establishment Dealing In Alcoholic Beverages. f. Nude: Any Person insufficiently clothed in any manner so that any of the following body parts are not entirely covered with a fully opaque covering: (1) The male or female genitals, or (2) The male or female pubic area, or (3) The female Breast (see the last sentence in this subsection f), or (4) The Buttocks. Attire which is insufficient to comply with this requirement includes, but is not limited to, G-Strings, T-Backs, dental floss and thongs. Page 4 of 7 • Body paint, body dyes, tattoos, liquid latex whether wet or dried, and similar substances shall not be considered opaque covering. Each female Person may determine which 1/4 of her Breast surface area (see definition of Breast) contiguous to and containing the nipple and the areola is to be covered. g. Person: Any live human being aged ten years of age or older h. Places Provided Or Set Apart For Nudity: Shall mean enclosed single sex public restrooms, enclosed single sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accomodations, doctor's offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person's conduct of being Nude is used for his or her profit or where being Nude is used for the promotion of business or is otherwise commercially exploited. i. Public Place: Any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public Places include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not for profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets, and meeting facilities utilized by any religious, social, fraternal or similar organization. Premises, or portions thereof such as hotel rooms, used solely as a private residence, whether permanent or temporary in nature shall not be deemed to be a Public Place. Section 4. LEGISLATIVE FINDINGS: In addition and supplemental to the findings and determinations contained in the "Whereas" provisions of this ordinance which are incorporated by reference into this Section 4, it is hereby found by the Council, acting in its legislative capacity for the purpose of regulating the conduct of appearing Nude in Public Places and for the purpose of regulating nudity and other conduct in Establishments Dealing In Alcoholic Beverages, that, considering what has happened in other communities, the acts prohibited in Section 5 herein below encourage or create the potential for the conduct of prostitution, attempted rape, rape, and assault in and around Establishments Dealing In Alcoholic Beverages; that actual and simulated nudity and sexual conduct, coupled with the consumption of Alcoholic Beverages in Public Places, begets and has the potential for begetting undesirable and unlawful behavior; that sexual, lewd, lascivious, and salacious conduct among patrons and employees within Establishments Dealing in Alcoholic Beverages results in violation of law and creates dangers to the health, safety, morals, and welfare of the public and those who engage in such conduct; and, it is the intent of section 5 of this ordinance to specifically prohibit nudity, gross sexuality and the simulation thereof in Establishments Dealing In Alcoholic Beverages. Section 5. NUDITY, SEXUAL CONDUCT PROHIBITED IN ESTABLISHMENTS DEALING IN ALCOHOLIC BEVERAGES: The following prohibitions and criteria shall apply within existing and/or newly created Establishments Dealing In Alcoholic Beverages and the curtilages thereof: a. No person shall knowingly, intentionally or recklessly appear, or cause another person to appear, Nude or expose to public view his or her genitals, pubic area, vulva, or Buttocks, or any simulation thereof. b. No female person shall knowingly, intentionally or recklessly expose, or cause another female person to expose her Breasts or any simulation thereof to public view. C. No person or Entity maintaining, owning, or operating an Establishment Dealing In Alcoholic Beverages shall encourage, allow or permit any person to appear Nude or to expose to public view his or her genitals, pubic area, vulva, anus, or Page 5 of 7 • 0 any portion of the Buttocks or simulation thereof. This section shall be violated if any portion of the Buttocks is visible from any vantage point. d. No person or Entity maintaining, owning, or operating an Establishment Dealing In Alcoholic Beverages shall encourage, allow or permit any female person to expose her Breasts or any simulation thereof to public view. e. No person shall engage in and no person or Entity maintaining, owning, or operating an Establishment Dealing In Alcoholic Beverages shall encourage, allow or permit any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, lap dancing, straddle dancing, any sexual act which is prohibited by law, touching, caressing, or fondling of the breasts, buttocks, anus, or genitals, or the simulation thereof. f. The prohibitions of this Section 5 shall not apply when a person appears Nude in a Place Provided Or Set Apart For Nudity provided (i) such person is Nude for the sole purpose of performing the legal function(s) that is customarily intended to be performed within such Place Provided Or Set Apart For Nudity and (ii) such person is not Nude for the purpose of obtaining money or other financial gain for such person or for another person or Entity. g. Each female person may determine which 1/4 of her Breast surface area (see definition of Breast) contiguous to and containing the areola is to be covered. h. This section 5 shall not be deemed to address photographs, movies, video presentations, or other non live performances. Section 6. NUDITY PROHIBITED IN PUBLIC PLACES: It shall be unlawful for any Person to knowingly, intentionally, or recklessly appear, or cause another Person to appear, Nude in a Public Place or in any other place which is readily visible to the public, except as provided in Section 7. It shall also be unlawful for any Person or Entity maintaining, owning, or operating any Public Place establishment to encourage, suffer or allow any Person to appear Nude in such Public Place, except as provided in Section 7. Section 7. EXEMPTIONS: The prohibitions of section 6 of this ordinance shall not apply: a. When a Person appears Nude in a Place Provided Or Set Apart For Nudity provided (i) such Person is Nude for the sole purpose of performing the legal function(s) that is customarily intended to be performed within such Place Provided Or Set Apart For Nudity and (ii) such Person is not Nude for the purpose of obtaining money or other financial gain for such Person or for another person or Entity, or (iii) such person is a mother breast feeding her baby in any location, public or private, irrespective of whether the nipple of the mother's breast is uncovered during or incidental to the breast feeding. b. When the conduct of being Nude can not legally be prohibited by this ordinance (i) because it constitutes a part of a bona fide live communication, demonstration or performance by a Person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression and is not a mere guise or pretense utilized to exploit the conduct of being Nude for profit or commercial gain. See for instance Board of County Commissioner vs. Dexterhouse, 348 So. 2d 916 (Fla. 2nd DCA 1977) and as such is protected by the United States or Florida Constitution or (ii) because it is otherwise protected by the United States or Florida Constitution. Section 8. ENFORCEMENT AND PENALTIES: Any person or Entity violating any of the provisions of this ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the State of Florida in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and, upon conviction shall be punished by a fine not to exceed $500 or by imprisonment in the County jail not to exceed 60 days or by both such fine and imprisonment. Each incident or separate occurrence of an act that violates this ordinance shall be deemed a separate offense. Page 6 of 7 Section 9. INJUNCTIVE RELIEF: In addition to the procedures provided herein, Establishments Dealing In Alcoholic Beverages that are not in conformity with these requirements shall be subject to appropriate civil action in the court of appropriate jurisdiction for abatement. Section 10. TERRITORY EMBRACED: All territory within the legal boundaries of incorporated City of Okeechobee shall be embraced by the provisions of this ordinance. Section 11. SEVERABILITY: If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 12. INCLUSION IN THE CODE: It is the intention of the Council and it is hereby that the provisions of this ordinance shall be made a part of the City of Okeechobee Code; that the sections of this ordinance may be renumbered or relettered to ,accomplish such intention; and that the word "ordinance" may be changed to "section", article , or other appropriate designation. Section 13. In order to reduce controversy and provide widespread notice to the public, this ordinance may be incorporated into the City's Land Development Regulations in the appropriate specific land use special exception which permits adult establishments. Section 14. EFFECTIVE DATE: This ordinance shall become effective immediately upon its adoption at second reading. Introduced for first reading and public hearing on the 22"d day of September, 1998. ATTEST: BONNIE THOMAS, CMC CITY CLERK JAMES E. KIRK MAYOR Adopted after second reading and second public hearing on the 6"' day of October, 1998. ATTEST: BONNIE THOMAS, CMC CITY CLERK APPROVED FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY JAMES E. KIRK MAYOR Page 7 of 7 • • Exhibit 3 - O CITY OF OKEEct 6 Agenda 941)763-3372 * Fax 941)763-1686 CITY DEPARTMENT AGENDA ITEM REQUEST FORM Submitting Deparment: Finance by Lola Parker, Finance Coordinator MEETING: REGULARU SPECIAL ❑ WORKSHOP ❑ DATE: October 6, 1998 PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. A contra t. b tXeen the City and J.D. Gil PLEASE STATE RECOMMENDED ACTION BY THE CITY COUNCIL. Armroye the contra,-t PLEASE SUMMARIZED EXPLANATION/BACKGROUND INFORMATION AND ATTACH APPLICABLE DOCUMENTS. A incJl a at�di t neerls to he performed nn the (' sinale IF PRESENTATION IS TO BE MADE, HOW MUCH TIME WILL BE REQUESTED? 4:=:71 • • J-D. GILBERT & COMPANY CERTIFIED PUBLIC ACCOUNTANTS 600 West Hillsboro Blvd., Suite 510. Deerfield Beach, Florida 33441 • (954) 419-1000 - Fax (954) 419-1040 1560-3 Capital Circle N.W. Tallahassee, Florida 32303 Toll Free (888) 419-2727 September 8, 1998 Mr. James E. Kirk, Mayor and Members of the City Council City of Okeechobee 55 SE Third Street Okeechobee, FL 34974-2932 This letter serves as an amendment to our auditing agreement dated July 8, 1996 wherein we agreed to audit the financial statements (exclusive of the pension funds) of the City of Okeechobee for the three years ending September 30, 1998. Due to changes in the application of the Single Audit Act of 1984, including the revision of OMB Circular A-133 which replaces OMB Circular A-128, and the extension of the Community Development Block Grant (CDBG) beyond the anticipated completion time frame, we find it necessary to request an increase in our agreed upon fee for the year ended September 30, 1998. We propose an additional fee of $2,000 to cover the additional procedures necessary to comply with the provisions of the Single Audit Act of 1984 and OMB Circular A-133 related to the CBDG for the year ended September 30, 1998. These additional funds should be reimbursable by the available grant monies. We also propose that additional $2,000 will be payable upon commencement of our auditing activities, no later than September 30, 1998, with the remainder of the audit fee due as follows: $4,000 October 31, 1998 and $8,000 upon completion of our procedures. All other provisions of the agreement dated July 8, 1996 remain unchanged, except that all references to OMB Circular A-128 are hereby changed to OMB Circular A-133. Please also be aware that because many computerized systems use only two digits to record the year in date fields, such systems may no be able to accurately process dates ending in the year 2000 and after. The effects of this problem will vary from system to system and may adversely affect an entity's operations as well as its ability to prepare financial statements. An audit of financial statements conducted in accordance with generally accepted auditing standards is not designed to detect whether an entity's information systems are Year 2000 compliant. American Institute of Certified Public Accountants - Member - Private Companies Practice Section Mr. James E. Kirk, Mayor and Members of the City Council City of Okeechobee September 8, 1998 Page Two Further, we have no responsibility with regard to your efforts to make your information systems, or any other systems, such as those of your significant suppliers, service providers or any other third parties, Year 2000 compliant or provide assurance on whether you have addressed or will be able to address all of the affected systems on a timely basis. However, for the benefit of management, we may choose to communicate matters that come to our attention relating to the year 2000 issue. Both parties agree with the provisions of this agreement. J s D. Gilbert, Partner Date J.D. Gilbert & Company 4esE.irk, Mayor Date Cityeechobee ATTEST: Bonnie S. Thomas, CMC City Clerk Cc J.D. GILBERT & COMPANY 09J23/1998 11:09 941-7E3-9529 BOARD OF COUNTY COM. i Exhibit 4 - • Oct 6 Agenda QITERLOCAL AGt'11' �r THIS AGREEMENT made and entered into by and between OKEECHOBEE COUNTY, FLORIDA, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County", and THE CITY OF OKEECHOBEE, FLORA, a Florida municipal corporation, by and through its City Council, hereinafter referred to as "City", pursuant to the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida Statutes) as of this day of September, 1998, WITNESSETH WHEREAS, the County and City both have the authority to provide for animal control services for the residents, businesses and facilities within its respective jurisdictions; and WHEREAS, effective October 1, 1998, the current vendor and provider of animal control services to both the County and City will cease providing those service; and WHEREAS, although. the County intends to seek proposals for the provision of animal control services, a substitute vendor will not be selected and be in operation prior to October 1, 1998; and WHEREAS, the County and City are both desirous of providing animal control services at the most economical rate possible consistent with state law and the humane treatment of stray and unwanted animals; and WHEREAS, the County and the City have the power to enter into agreeuae-ots with other governmental ageacieswithin or outside of their respective boundaries for joint performance, or the performance by one unit on behalf of the other, or any of either $genes authorized functions; and WHEREAS, the Municipal ];Lome Rule Powers Act grants the City all govommCutal, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render mmicipal services except when expressly prohibited by law; and WHEREAS, the County and the City have the authority to enter into agreementswith other Persons to undertake to fu= some or all of their respective responsibilities for the provision of animal control services; and WHEREAS, the COUNTY and City deem it to be in the best interest of the public health, safety and welfare to enter into an interim. Interlocal Agreement for the humane collection, housing, j7000.30592.wmj OF COUNTY COM. PAGE 03 09/23f1558 11:09 541-703-9529 BOARD • maintenance, observation, and disposition of stray or abandoned animals pending selection of a new vendor. NOW, THEREFORE, ur consideration of the premises and of the terms, conditions and covenants berein. contained, it is agreed by and between the parties hereto, as follows: SECTION I ANUAAL CONTROL SERVICES 1.1 Unified Services THAT upon the effective date of this Agreement there shall be one unified institution for the provision of Animal Control Services within Okeechobee County. This institution shall be the Okeechobee County Department of whic:b shall administer and mforce Chapter 4 of the City of Okeechobee, Code of Ordinances and Chapter 10 of the Code of Ordinances of Okeechobee County. 1.2 Duties, THAT the County shall provide the follwAing services in the incorporated and unincorporated areas of Okeechobee County, norida: (a) Caging for observation of animals in bite situations arising within the incorporated wid unincorporated areas of the County or injury by dangerous dogs as defined by Chapter 767, Ffiorida Statutes.. (b) Pick up dogs and cats from residents or xunnWg at-Iarge, it' the incorporated and unincorporated areas of Okeechobee County. (c) Provide for the collection, apprehension, caging and maintenance pending disposition of strays, diseased, injured animals, unwanted animals or animals in violation of either state statute, City ordinance or County ordinance. (d) Provide Reasonable fast aid as appropriate to alleviate suffering of any sick, diseased or injured animal, including euthanasia, as provided for in Sections 828.05 and 828,058, Florida Statutes. (e) Dispose of any animals euthanized or expiring in the care, custody or control of the County in accordance with all applicable state statutes, regulations, City ordinances and County ordinances. (f) Maintain. the Animal Control facility and the animals contained therein twenty-four hours per day, seven days per week. (g) Perform the duties of an animal control officer as set forth in City Ordinance, County Ordinance and Florida Statutes. (700030592.WPD1 2 09/23/19S8 11:09 941-763-9529 • FOARD OF COUNTY COM. • FAGE 04 (h) (i) Pick up any dead animals along City and County rights -of -way. Provide all needed items, equipment, materials and personnel to it perform the services contemplated by this agreement. fle! t INIV 1.3 Certificates. THAT the County shall issue license certificates for dogs and cats and shall 3 account for and remit monthly to the City a summary of certificates issued and a summary of the fees collected. The County is hereby designated as the authorized agent of the City for the purposes of issuing certificates for dogs and cats as required by the City of Okeechobee, Code of Ordinances and J to .further collect the established fee for said license certificates. Prior to the issuance of any certificate, the County shall determine that all requirements have been satisfied by the applicant for such license certificate before same is issued. 1.4 Humane Treatment THAT all caging and maintenance of animals governed by this Agreement shall be in a sanitary and humane manner. Further, the County shall comply with all state statutes, regulations and County ordinances pertaining to animal control, animal shelters and to the humane treatment and disposition of animals as defined by Section 828.02, Florida Statutes, 1.5 Necessary Permits. THAT the County shall obtain all federal, state and county licenses and permits Ncessary for it to discharge its responsibilities under this Agreement: 1.6 Euthanasia. THAT any euthanasia of animals as permitted herein shall be in compliance with Chapter 828, Florida Statutes. The persons named in paragraph 1.9, below shall be deemed to be appointed an "Agent" of the City within the meaning of said Chapter. The County shall have the full authority to euthauize in its discretion animals as provided for in Chapter 828, Florida Statutes. 1.7 Hours of Operation. THAT the County Animal Control Facility shall be open and available to the general public during normal business hours which shall include, as a minimum, Monday through Friday, 8:00 a.m to 5:00 p.m and Saturday from 10.00 a.uL to 2:00 p.xm Eastem tinge. Collection services shall be provided at a minimum Monday through Friday, from 8:00 a.m. to 5;00 p.m., Eastern time. 1.8. Payment THAT the City shall compensate the County for the services described herein, based upon the total monthly cost to provide the services described herein multiplied by a fractic of which the numerator is the number of animals received the previous month by the Animal Contr t � pe Facility which were either picked up within the incorporated limits of the City, delivered by Ci . residents or represented as belonging to City residents and the denominator of which is the total pJ0030592,WPT)l C9<<23l1998 11:09 941-753-9529 BOARD OF COUNTY COM. PAGE 05 • • number of animals received the previous month by the Animal Control Facility. Payment shall be made in arrears in twelve monthly payments upon, presentation of invoices, expense detail and a detailed activity log to the City finance office by the County. 1. 9 Animal Control Offlcen THAT the County hereby designates as the Okeechobee County and City of Okeechobee Animal Control Officer. Execution of this Agreement by the City, constitutes the City's agreement and ratification of this designation. Thereafter, the designated Animal Control Officer or Officers shall be authorized to enforce the animal control Ordinances of the City of Okeechobee. The County shall be permitted to designate either additional or substitute animal control officer(s). 1.10 Records. THAT the County shall maintain records of all accounts, invoices for reimbursable expenses, books, accounting procedures and practices, and supporting documentation for any activities related to this Agreement, including activity logs documwting complaints and the disposition of those complaints, for a period of three years from completing performance of this Agreement. Such records shall be sufficient to permit a proper pre and post audit in accordance with generally accepted governmental accounting standards and to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred in accordance -with generally accepted accounting standards for performance under this Agreement, Such examination shall include inspection at all reasonable times of the County's facilities, or such parts thereof; as may be engaged in the performance of this Agreement. SECTION H MISCELLANEOUS 2.1 Term and Effective Date. The term of this Interlocal Agreement shall continence upon the approval by both the Board of County Commissioners and the City Council and shall continue for a term of one year and may be renewed for successive one year periods upon approval by both governing bodies. 2.2 Implementation Date. The implementation date shall be October 1, 1998. 2.2 Termination. This Agreement maybe terminated for any reason by either party upon not less than thirty (30) days written notice to the other party_ 2.3 Recording. A completely executed copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in. Okeechobee County. (7000-3(3592.WPD) 4 09/23/1990 11:09 941-763-9529 EOARD OF COUNTY COM, FADE OE. 2.4 Obligations. Obligations under thisAgreement are not an indebtedness ofthe County or City. The respective obligations of each party hereto under this Agreement shall not be an indebtedness within the meaning of any constitutional, statutory, charier or ordinance provision or limitation of any party hereto. Neither of the parties bexeto are obligated to pay or cause to be paid any amounts due under this Agreement except in the manner provided herein, and the Faith and credit of any party hereto is not pledged to the payment of any amount due under this Agreement. This Agreement shall not require a»y p arty hereto to levy or pledge any taxes whatsoever for the payment of any amount due under this Agreement. 2.5 Relationship of the Parties. Except as set forth herein, neither party to this Agreement shallhave any responsibility whatsoever with respect to services provided or contractual obligations assumed by the other parry and nothing in this Agreement shall be deemed to constitute any party a partner, agent or local representative of the other party, or to create any type of fiduciary responsibility or relationship of any kind whatsoever between the parties. 2.6 Assignment. This Agreement, or any interest herein, way notbe assigned, tro-P- 41TO or otherwise encumbered, under arty circumstances, by either party without the prior written consent of the other patty. 2.7 Applicable Law, This Agreement shall be construed in accordance with the laws of the State of Florida. 2.8 Construction. Should any provision of this Agreement be subject to judicial interpretation, it is agreed that the court interpreting or considering such provision will not apply the presumption. or rule of construction that the terms of this Agreement be more strictly construed against the party which itself or through its counsel or other agent prepared the same, as all parties hereto have participated in the preparation of the final form oftbi.s Agreement through review by their respective counsel and the negotiation of changes in language inany provision deemed unsuitable or inadequate as initially written, and, therefore, the application of Stich presuraption or rule of construction would be inappropriate and contrary to the intent of the parties. 2.9 Notices. All notices, consents, or other comMrmications required, permitted or otherwise delivered under thisAgreement, except correspondence and transmittals relatingto specific development orders and permits, shall be in writing and shalll be delivered either by hand with proof of delivery or certified mail, return receipt requested, postage prepaid, to the parties at the addresses indicated below; 17000-3o59'2. WPDJ 5 09/23/1998 11:09 941-763-9529 BOARD OF COUNTY COM. PAGE 07 As to County: County Administrator Okeechobee County, Florida 304 N,W, 2nd Street, Suite 106 Okeechobee, Florida 34972 Attention: County Administrator With copy to: John D. Cassels, Jr., Esquire County Attorney 400 N.W. 2nd Street Okeechobee, Florida 34972 As to City: City Administrator, City of Okeechobee SS S.E. 3rd Avenue Okeechobee, Florida 34972 With, copy to: John R. Cook, Esquire City Attorney 202 N.W. 5th Avenue Okeechobee, Florida 34972 Changes in the respective addresses of the parties may be made from time to time by either parry by notice to the other party given by mail. Notices given in accordance with this section shall be deemed to have been given five (5) business days after the date of mailing; notices and consents given by any other means shall be deemed to have been given when received. 2.10 .incorporation of Agreements. This document supersedes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein. Accordingly, it is agreed that no deviation from the terms of hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the governing bodies of the patties and filed with the Clerk of the Circuit Court of Okeechobee County. 2.11 Severabilio,- In the event that any provision of this Agreement shalt, for any reason, be determined to be invalid, ,illegal or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree as to such amendments, modifications or supplements oforto this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein, and the t7000 30591.WMI 6 09i23/1998 11:09 941-763-9529 1 • BOARD OF COUNTY COM. • PAGE 06 other provisions of this Agreement shall., as so amended, modified or supplemented or otherwise affected by such action, remain in full force and effect. IN WI'NESS WHEREOF, the Board of County Commissioners of Okeecbobee County, Florida has caused this Agreement to be executed as of the date first above written. BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORMA ATTEST: Sharon Robertson, Clerk, Board of County Commissioners By: CLIF BETTS, CHAMMAN (SEAL) APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY IN WITNESS WHEREOF, the City Council of the City of Okeechobee, Florida, has caused this Agreement to be executed as of the date first above written. ATTEST' BONNIE S. THOMAS, CMC, CITY CLERK CITY OF OKEECHOBEE, FLORIDA By: JAN ES E. KIRK, MAYOR (CORPORATE SEAL) APPROVED AS TO FORM AND CORRECTNESS: By. CITY ATTORNEY ['7000-30392 • WPD] 7 09l23/1998 11:09 941-763-9529 0 BOARD OF COUNTY COM. FADE 01 .Board of County Commissioners Okeeeliobee County TELECOPY MESSAGE COVER SHEET PLEASE DELIVER THE FOLLOWING PAGES) TO; NAME; L4:L"--ITLE; COMPANY: CITY: FAX NUMBER; -I (o �-^ (a ROM NAME: TITLE: FAX NUMBER: 941/763-9529 TOTAL NUMBER OF PAGES DATE SENT; 1' SEAL�'', '/lI/IN11111\ 304 N. W. 2nd eet, Room 106 OKEECHOBEE, FLORIDA (941)763-6441 FAX 0 (941) 763-9529 INCLUDING THIS COVER SHEET. Please call 941-763-6441 if you do. noh receive all Pages. THANK YOU. David E. Hazellief Gene Woods Clif Betts, Jr. John W. Abney, Sr. Clois 1. Harvey George A Long Coun Administrator District I District Z District 3 District 4 District 5 ry Exhibit 5 - Oct 6 Agenda ORDINANCE NO. 721 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY, STREET OR ALLEYWAY AS RECORDED IN PLAT BOOK 1 PAGE 17 AND PLAT BOOK 5 PAGE 7 PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA, DESCRIBED AS THOSE ALLEYWAYS LOCATED IN BLOCK 27, SOUTH OKEECHOBEE, AND IN FIRST ADDITION TO SOUTH OKEECHOBEE; AND THAT ALLEY IN BLOCK 28, SOUTH OKEECHOBEE, AND IN FIRST ADDITION TO SOUTH OKEECHOBEE, LOCATED BETWEEN S.W. 15T" STREET AND S.W. 16T" STREET; BY CLOSING SAID ALLEYS; ALL LOCATED WITHIN THE CITY OF OKEECHOBEE, AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS the records of the City of Okeechobee, Florida are incomplete as to the status of the two described alleyways, which have been recorded as closed by the City since 1984; and WHEREAS the City desires that the status of the described alleyways be finally and forever established to confirm the records of the City; THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: SECTION ONE: The alley or alleyway or street described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida, to -wit: The alleyways located in Block 27, South Okeechobee, and in First addition to South Okeechobee; and located in Block 28, South Okeechobee, and in First Addition to South Okeechobee; CITY OF OKEECHOBEE, located between S.W. 15 Street and S.W. 16th Street, City of Okeechobee, per the plat at Plat Book 1 Page 17 and Plat Book 5 Page 7 Public Records, Okeechobee County, Florida. SECTION TWO: The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION THREE: This ordinance shall be set for final public hearing the 20th day of October, 1998, and shall take effect immediately upon it's adoption. Introduced for first reading and set for final public hearing this 6th day of September. 1998. JAMES E. KIRK, MAYOR • ATTEST: BONNIE THOMAS, CMC, CITY CLERK Passed and adopted on second reading and final public hearing this 20th day of October, 1998. JAMES E. KIRK, MAYOR ATTEST: BONNIE THOMAS, CITY CLERK APPROVE FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY Exhibit 6 _ Oct 6 Agenda RESOLUTION NO. 98-09 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA WHICH ADOPTS AND ESTABLISHES ADMINISTRATIVE FORMS FOR USE IN CONJUNCTION WITH THE LAND DEVELOPMENT REGULATIONS; WHICH INCLUDE FORMS AND PROCEDURES FOR INCLUSION IN PETITIONS FOR RELIEF FOR LAND USES, DEVELOPMENT ACTIVITIES, AND RELATED PETITIONS, AS PERMITTED BY THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the CITY OF OKEECHOBEE is adopting a unified land development code to create land use designations throughout the City of Okeechobee with related regulations and procedures associated therewith; and WHEREAS such regulations require the creation and implementation of forms, rules, procedures, fee schedules and related information to assist in the implementation of the land development regulations; and WHEREAS the City determines that the adoption of such forms and regulations are appropriate by resolution to maintain flexibility and ease of periodic amendment as may be required from time to time; THEREFORE, be it resolved and approved that the following forms, rules, procedures, and fees are hereby adopted by the City of Okeechobee: UNIFIED LAND DEVELOPMENT CODE VOLUME 1 - APPENDIX A APPLICATION FORM CONTENT REQUIREMENTS Applicants shall submit the following information required under the appropriate petition heading following, and any additional information as required on the current application form. Form 1 COMPREHENSIVE PLAN AMENDMENT PETITION 1 Petition Contents Comprehensive Plan amendment petition shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Reason for requesting the amendment. c Details of the requested amendment. d Supplementary supporting information. e Information and documents requested by City Administrator prior to public hearing. f Application fee. 2 Processing Comprehensive Plan amendment petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing, issues notice of first public hearing. c Planning Board holds public hearing, forwards advisory recommendation to City Council. d Administrator issues notice of second public hearing. e City Council holds public hearing, renders final decision on petition Page 1 of 7 • • Form 2 LAND DEVELOPMENT REGULATION AMENDMENT PETITION 1 Petition Contents Land Development Regulation amendment petition shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Reason for requesting the amendment. c Details of the requested amendment. d Supplementary supporting information. e Information and documents requested by City Administrator prior to public hearing. f Application fee. 2 Processing Land Development Regulation amendment petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processingl issues notice of first public hearing. c Planning Board holds public hearing, forwards advisory recommendation to City Council. d Administrator issues notice of second public hearing. e City Council holds public hearing, renders final decision on petition. Form 3 ZONING DISTRICT BOUNDARY CHANGE PETITION 1 Petition Contents Zoning district boundary change petition shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Proof of interest in property. c Property survey and location map. d Property owner's list. e Site development plan. f Statement of use. g Supplementary supporting information. h Impact analysis. i Application fee. 2 Processing Zoning district boundary change petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing 1 issues notice of first public hearing. c Planning Board holds public hearing, forwards advisory recommendation to City Council. d Administrator issues notice of second public hearing. e Cry Council holds public hearing, renders final decision on petition. Form 4 APPEAL OF AN ADMINISTRATIVE DECISION PETITION 1 Petition Contents Administrative decision appeals shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Details of administrative decision under appeal, including name of individual issuing decision, date of issuance, and written copy of decision. c Reasons for requesting appeal of decision. d Supplementary supporting information. Page 2 of 7 • e Application fee. 2 Processing Administrative decision appeals are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing. c Board of Adjustment holds public meeting, renders final decision on petition. Form 5 SPECIAL EXCEPTION USE PETITION 1 Petition Contents Special exception use petition shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Proof of interest in property. c Property survey and location map. d Property owner's list e Site development plan f Statement of use. g Supplementary supporting information. h Impact analysis. i Application fee. 2 Processing Special exception use petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing, issues notice of public hearing. c Board of Adjustment holds public hearing, and renders final decision on petition. Form 6 VARIANCE PETITION 1 Petition Contents Variance petition shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Proof of interest in property. c Property survey and location map. d Property owner's list e Site development plan. f Statement of use. g Supplementary supporting information. h Application fee. 2 Processing Variance petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing, issues notice of public hearing. c Board of Adjustment holds public hearing, and renders final decision on petition. Form 7 TEMPORARY USE PERMIT 1 Application Contents Temporary use permit application shall be submitted on the appropriate application form and comprises the following: Page 3 of 7 • • a Applicant's name, address, phone number. b Proof of interest in property. c Property survey and location map, if available. d Site plan, if applicable. e Statement of temporary use. f Supplementary supporting information. g Application fee. 2 Processing Temporary use permits are processed as follows: a Applicant submits application to General Services Department. b Administrator reviews application, initiates processing. c Planning Board holds public meeting, and renders final decision on application. If the application is approved, appropriate conditions may be attached to the permit. Form 8 SIGN PERMIT 1 Application Contents Sign permit application shall be submitted on the appropriate application form and comprises the following: a Applicant's name, address, phone number. b Proof of interest in property. c Property survey and location map, if available. d Site plan, if applicable. e Sign plan. f Supplementary supporting information. g Application fee. 2 Processing Sign permits are processed as follows: a Applicant submits application to General Services Department. b Administrator reviews application, initiates processing. c Planning Board holds public meeting, and renders final decision on application. If the application is approved, appropriate conditions may be attached to the permit. Form 9 PRELIMINARY MINOR SITE PLAN REVIEW 1 Application Contents Preliminary minor site plan review applications shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Property survey and location map. c Preliminary site plan or site development plan. d Application fee. 2 Processing Preliminary minor site plan review applications are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing. c Technical Review Committee review application and prepares preliminary report and recommendations for review with applicant Form 10 FINAL MINOR SITE PLAN APPROVAL 1 Application Contents Final minor site plan approval applications shall be submitted on the appropriate Page 4 of 7 application form and comprises the following: a Petitioner's name, address, phone number. b Proof of interest in property. c Property survey and location map. d Preliminary site plan or site development plan. e Statement of use. f Supplementary supporting information. g Application fee. 2 Processing Final minor site plan approval applications are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing. c Technical Review Committee review application and prepares report with conditions and recommendations for review by Planning Board. d Planning Board holds public meeting, renders final decision on petition. Form 11 PRELIMINARY MAJOR SITE PLAN REVIEW 1 Application Contents Preliminary major site plan review applications shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Property survey and location map. c Preliminary site plan or site development plan. d Application fee. 2 Processing Preliminary major site plan review applications are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing. c Technical Review Committee review application and prepares report with conditions and recommendations for review by Planning Board. d Planning Board holds public meeting, forwards advisory recommendation to City Council. e City Council holds public meeting, renders final decision on petition. Form 12 FINAL MAJOR SITE PLAN APPROVAL 1 Application Contents Final major site plan approval applications shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Proof of interest in property. c Property survey and location map. d Preliminary site plan or site development plan. e Statement of use. f Supplementary supporting information. g Application fee. 2 Processing Final major site plan approval applications are processed as follows: a Applicant submits petition General Services Department. b Administrator reviews petition, initiates processing. c Technical Review Committee review application and prepares report with conditions and recommendations for review by Planning Board. Page 5 of 7 d Planning Board holds public meeting, forwards advisory recommendation to City Council. e City Council holds public meeting, renders final decision on petition. Form 13 PRELIMINARY SUBDIVISION SKETCH OR PLAT REVIEW See Land Development Regulations Volume 3 Form 14 FINAL SUBDIVISION PLAT APPROVAL See Land Development Regulations Volume 3 Form 15 SUBDIVISION PLAT MODIFICATION PETITION 1 Application Contents Subdivision plat modification petitions shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Proof of interest in property. C Property survey and location map. d Modified subdivision plat. e Statement of reasons for requesting modification of plat. f Supplementary supporting information. g Application fee. 2 Processing Subdivision plat modification petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing. c Technical Review Committee review application and prepares report with conditions and recommendations for review by Planning Board. d Planning Board holds public meeting, renders final decision on petition. Form 16 ABANDONMENT OF RIGHT-OF-WAY PETITION 1 Application Contents Abandonment of right-of-way petitions shall be submitted on the appropriate application form f and comprises the following: a Petitioner's name, address, phone number. b Statement of interest in property. c Location map and dimensions of right-of-way to be abandoned. d Site plan of property after abandonment of right-of-way. e Statement of reasons for City to abandon right-of-way. f Supplementary supporting information. g Application fee. 2 Processing Abandonment of right-of-way petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing, issues notice of public hearing. c Technical Review Committee review application and prepares report with conditions and recommendations for review by Planning Board. d Planning Board holds public meeting, forwards advisory recommendation to City Council. e City Council holds public hearing, renders final decision on petition. Page 6 of 7 0 • Form 17 REVERSION SUBDIVIDED LAND INTO ACREAGE PETITION 1 Application Contents Reversion of subdivided land into acreage petitions shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Proof of interest in property. c Property survey and location map. d Site plan of property after reversion of subdivided land to acreage. e Statement of use. f Supplementary supporting information. g Application fee. 2 Processing Reversion of subdivided land into acreage petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing, issues notice of public hearing. c Technical Review Committee review application and prepares report with conditions and recommendations for review by Planning Board. d Planning Board holds public meeting, forwards advisory recommendation to City Council. e City Council holds public hearing, renders final decision on petition. THAT this resolution shall become effective immediately upon its adoption by the City Council at regular or special public hearing. INTRODUCED and adopted this 6th day of October , 1998. ATTEST: Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 7 of 7 0 • Exhibit 7 - Oct 6 Agenda RESOLUTION NO. 98-10 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING REQUIREMENTS FOR INFORMATION AND MATERIALS TO BE SUBMITTED WITH PETITIONS AND APPLICATIONS UNDER THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the CITY OF OKEECHOBEE is adopting a unified land development code to create land use designations throughout the City of Okeechobee with related regulations and procedures associated therewith; and WHEREAS such regulations require the creation and implementation of forms, rules and procedures, fee schedules and related information to assist in the implementation of the land development regulations; and WHEREAS the City determined that the adoption of such forms and regulations are appropriate by resolution to maintain flexibility and ease of periodic amendment as may be required from time to time; THEREFORE, be it resolved and approved that the following forms, rules, procedures and fees are hereby adopted by the City of Okeechobee: UNIFIED LAND DEVELOPMENT CODE VOLUME 1 - APPENDIX B INFORMATION REQUIRED ON APPLICATION FORMS Applicants shall submit the following information required under the appropriate petition heading following, and any additional information as required on the current application form. Information 1 PROOF OF INTEREST IN PROPERTY Proof of interest in property shall be submitted with applications, when required, as follows: 1 Statement of applicant's interest in property. 2 Copy of last warranty deed. 3 Consent of owner to application: a If joint and several ownership, a written consent to application by all owners of record, or, b If a contract purchase, written consent of the seller I owner, or c If an authorized agent, a copy of the agency agreement or written consent of owner or d If a lessee, a copy of the lease agreement and written consent of owner. 4 Corporate entity authorization to application including: a Name of officer or representative responsible for application. b Written proof that the representative is an officer or representative of the corporation. c Written proof that the representative has the delegated authority to represent the corporation on the application. Information 2 PROPERTY SURVEY AND LOCATION MAP Survey shall be submitted in support of applications, when required, and contain the following: Page 1 of 5 1 Certified boundary survey of the property, and survey date, surveyor's name, address, phone. 2 Legal description of property pertaining to the application. 3 Computation of total acreage to nearest tenth of an acre. 4 Location sketch of subject property, and surrounding area within one half mile radius. 5 Drawing size: 3 feet by 2 feet, scale not less than 1 inch to 200 feet, north point. Information 3 PROPERTY OWNER'S LIST A list of surrounding property owners shall be submitted as part of application documentation, when required, as follows: 1 Complete list of all property owners, mailing addresses, and property numbers, for all property within 300 feet of the subject property, as recorded in the latest official tax roll in the County courthouse. 2 Affidavit attesting to completeness and correctness of list. Information 4 STATEMENT OF USE A statement of proposed use shall be submitted in support of applications, when required, containing the following: 1 Statement of special reasons and basis for the request. 2 Intended use, nature of activities and development of property. 3 Existing use of surrounding property. 4 If a temporary use, the time for which the temporary use is requested. Information 5 SUPPLEMENTARY SUPPORTING INFORMATION The following supporting information may be submitted in support of any petition: 1 Factual materials and data, including reports 1 studies, maps, plans, and photographs. 2 Information and documents requested by the City. Information 6 TABULAR SUMMARY A tabular summary of relevant data indicated on plans shall be submitted in support of applications and requests for approvals when required, containing the following.- 1 Zoning district classification; minimum requirements and as provided. 2 Residential lots; by type, density, gross areas, and percentages of total land use. 3 Non-residential land uses; by type, gross areas, and percentages of total land use. 4 Public areas, reservations, buffers, open spaces, water retention lakes and recreation uses; dimensions, gross areas, and percentages of total land use. Information 7 SITE PLAN A site plan required to be submitted with an application shall comply with the following: Page 2 of 5 • • 1 Prepared by an architect, engineer, landscape architect or planner, with professional's name address and phone. 2 Drawing size: not more than 3 feet by 2 feet; scale not less than 1 inch to 2 feet. 3 Survey showing existing features of the property, including buildings, structures, parking, access, easements, significant vegetation, contours and water. 4 Survey showing existing surrounding features within 1 00 feet of the property, including buildings, structures, easements, access, streets, significant vegetation, contours and water. 5 Plan showing proposed buildings, additions, structures, easements, parking, access, signs, landscaping, contours and water. Information 8 SITE PLAN A site plan required to be submitted with an application shall comply with the following: 1 Statement of Planning Assumptions Statement of major planning assumptions and objectives of development including: a Project description. b Projected residential population, age group and family type. c Projected commercial and industrial activities, number of employees, hours of operation. d Proposed density, by building type and use area. e Proposed ownership type; ownership and maintenance organization for open space and recreation facilities. f Projected sequence of construction phases and development schedule. g Proposed engineering systems: water supply, sanitary waste disposal, storm water retention and outfall, solid waste disposal, emergency services, and utility supplies. 2 Plan Preparation a Prepared by an architect, engineer, landscape architect or planner, with professional's name, address and phone. b Project name, and owner's name. c Drawing size: 3 feet by 2 feet; scale not less than 1 inch to 200 feet; north point, date. d Legal description of property: including section, township, range; location map. 3 Existing Conditions Survey showing existing features of the property including: a Boundary dimensions and bearings; existing easements and restrictions to use of property. b Contours at one foot intervals, or elevations at 100 feet grid intervals. c Buildings, structures, easements, streets, access, significant vegetation and water. d Existing land use and zoning districts. e Surrounding adjacent uses, zoning, and physical features within 100 feet of site. 4 Proposed Development Plan showing proposed development of the property including: a Proposed buildings, structures, and land use areas, by location, type and size. b Proposed traffic access, circulation, parking and loading spaces, and pedestrian access. c Proposed landscaping features, vegetation to be preserved, water bodies, Page 3 of 5 sign locations. 5 Summary Tabulation on Site Plan Tabular summary indicating relevant data including: a Zoning district classification, existing and proposed. b Residential dwelling units, by type and density. c Building types, coverage, height, gross areas. d Other land uses by acreage and percentage. e Open space, recreation areas, retention lakes, buffers, vegetation preserves. Information 9 ENVIRONMENTAL ANALYSIS Development proposals shall be accompanied by evidence that the following studies either have been completed or are not relevant to the property. Inventories of: 1 Wetlands. 2 Soils posing severe limitations to development. 3 Unique habitat. 4 Endangered species of wildlife and plants. 5 Flood prone areas. Information 10 PUBLIC FACILITY IMPACT ANALYSIS A public facility impact analysis is required to be submitted with applications for development approval and shall contain the following information based upon needs at project build -out. 1 Potable Water Demand Potable water needed, calculated at 114 gallons per capita per day. 2 Wastewater Generated Wastewater generated, calculated at 30 gallons per capita per day. 3 Solid Waste Generated Solid waste generated, calculated at 3 Ibs per capita per day. 4 Stormwater Drainage Stormwater drainage system, designed for a 25 year, 24 hour storm, to SFWMD requirements, using FEMA Flood Insurance Rate Maps and City road crown elevations. 5 Recreation Open Space Demand Recreation open space needed, calculated at 3 acres per +,000 persons. 6 Traffic Generated Traffic generated, using ITE Trip Ceneration Rate Manual; witli Principal arterials LOS - C; and all other roads LOS - D. Information 11 SIGN PLAN A sign plan required shall comply with the following: 1 Sign owner's name, address and phone number. 2 Construction design by an architect, engineer, or sign manufacture, with the designer's name, address and phone number. 3 Construction and erection contractor's name, address, phone number. Page 4 of 5 • • 4 Drawing size: not more than 3 feet by 2 feet; scale not less than 1 inch to 2 feet. 5 Site plan showing location of property. 6 Sign design drawing showing: a Type and design of sign. b Graphic information displayed and color scheme. c Construction details and specifications. d Structural design calculations, prepared by architect, engineer or sign manufacturer. e Lighting details and specifications, if applicable. THAT this resolution shall become effective immediately upon adoption by the City at regular or special public hearing. INTRODUCED and adopted this 6th day of October , 1998. ATTEST: Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 5 of 5 Exhibit 8 - Oct 6 Agenda RESOLUTION NO. 98-11 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AND INCORPORATING A SCHEDULE OF FEES AND CHARGES TO BE ENFORCED WITHIN THE CITY FOR APPLICATIONS AND PETITIONS AS PERMITTED UNDER THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the CITY OF OKEECHOBEE is adopting a unified land development code to create land use designations throughout the City of Okeechobee with related regulations and procedures associated therewith; and WHEREAS such regulations require the creation and implementation of forms, rules, procedures, fee schedules and related information to assist in the implementation of the land development regulations; and WHEREAS the City determines that the adoption of such forms and regulations are appropriate by resolution to maintain flexibility and ease of periodic amendment as may be required from time to time; THEREFORE, be it resolved and approved that the following forms, rules, procedures and fees are hereby adopted by the City of Okeechobee: UNIFIED LAND DEVELOPMENT CODE VOLUME 1-APPENDIX C SCHEDULE OF LAND DEVELOPMENT REGULATION FEES AND CHARGES Fees and charges listed below pertain to applications, petitions, reviews and appeals before City Council, Planning Board, and Board of Adjustment. They shall be paid at the time of application filing When the cost for advertising, publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the City on the application, the applicant shall pay the actual costs. FEE SCHEDULE Comprehensive Plan Amendment 2 Land Development Regulations Amendment Advertisement for 2 Public Hearings Page 1 of 2 . %nn nn $500.00 $500.00 Plus per acre fee of: $30.00 $425.00 5 Variance $250.00 (Advertisement for 1 Public Hearing) 6 Special Exception Use Pit #t $250.00 (Advertisement for 1 Public Hearing) Plus per acre fee of: $20.00 7 Temporary Use Permit $175.00 8 Sign Permit $50.00 9 Preliminary Minor Site Plan Review 10 Final Minor Site Plan Approval 11 Preliminary Major Site Plan Review 12 Final Major Site Plan Approval 13 Preliminary Subdivision Sketch or Plat Review 14 Final Subdivision Plat Approval 15 Subdivision Plat Modification Advertisement for 1 Public Hearing 16 Abandonment of Street or Alley Advertisement for 1 Public Hearing 17 Reversion of Subdivided Land to Acreage Advertisement for 1 Public Hearing 18 Development of Regional Impact $400.00 Plus per acre fee of: $30.00 $425.00 Plus per acre fee of: $30.00 $500.00 Plus per acre fee of: $30.00 $500.00 Plus per acre fee of: $30.00 $425.00 Plus Per acre fee of: $30.00 $500.00 $200.00 Plus per acre fee of: $30.00 Application Fee: $ 25.00 Public Hearing Fee: $170.00 $200.00 Plus per acre fee of: $30.00 $3, 000.00 Plus per acre fee of: $30.00 19 Development of Significant Environmental Impact $1,150.00 Plus per acre fee of $30.00 THAT this resolution shall become effective immediately upon adoption by the City Council at regular or special public hearing. INTRODUCED and adopted this 6th day of October , 1998. ATTEST: bonnie o. I nUnids, % 1V1%.,, %-ALy APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor • Exhibit 9 - Oct 6 Agenda '� VISE b I o i w RESOLUTION NO. 98-12 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AND SETTING FORTH DESIGN GUIDELINES FOR USE IN THE LAND USE DESIGNATION OF CENTRAL BUSINESS DISTRICT WHICH ARE SUGGESTIVE IN NATURE IN ORDER TO MAINTAIN A UNIFORM DESIGN FOR COMMERCIAL DEVELOPMENT WITHIN SUCH LAND USE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the CITY OF OKEECHOBEE is adopting a unified land development code to create land use designations throughout the City of Okeechobee with related regulations and procedures associated therewith; and WHEREAS such regulations require the creation and implementation of rules, procedures and suggested guidelines to maintain continuity among certain land use designations; and WHEREAS the City has determined that design guidelines are necessary and helpful in the land use designation of Central Business District due to recent downtown renovation projects, and to maintain consistent and similar design for future development in such district, and WHEREAS the City has determined that these guidelines should be suggestive in nature rather than mandatory, and that as amendment may be required from time to time on short notice to accommodate the needs of the City and of the public, that such guidelines are appropriate by resolution, THEREFORE, be it resolved and approved that the following design guidelines are adopted for use in Central Business District land use designations: UNIFIED LAND DEVELOPMENT CODE VOLUME 1-APPENDIX D Central Business District Building Design Guidelines These building design guidelines provide information to assist the building designer to integrate public and commercial buildings within the urban landscape. They are intended to encourage creation of a high quality environment for business, work and shopping areas, and alert architects, engineers, and developers to features that should be given careful consideration during project development. The building design guidelines contain no mandatory requirements. 1 Overall Building Design a Buildings should have a strong unified architectural image, and all sides of buildings, signs, fences, landscaping, lighting, walks, and other amenities should be detailed consistently. b Building forms should be appropriate for the south central Florida climate, incorporating overhangs for shading, and provision for natural building ventilation and air movement. c Projects should be planned and designed to be compatible with adjacent well designed buildings and urban landscape. d Where an historical architectural style is used, it should be consistent in detailing and materials. Page 1 of 4 • e There should be an honest expression in construction and design, achieved through proper use of building forms, quality materials, and judicious use of color and textures. 2 Building Massing and Relationships a Building should be related to human scale, and should not be planned as one large unarticulated mass. b Building forms and elements should be related to corresponding elements on adjacent buildings. Major horizontal features, windows, floor and roof levels, arcades, and canopies should recognize adjacent building alignments. The rhythm of major vertical elements, column bays, and windows in fine existing buildings should be echoed in new buildings. c Covered arcades, canopies, and exterior courts should be incorporated to improve livability in the Florida climate, to reduce apparent building mass, and to add interest. 3 External Building Materials a Building Construction materials: Construction materials should be of lasting quality, properly used, installed and maintained. Facing brick and stone (Each of fairly uniform color), textured concrete, terra cotta, and stucco on masonry are acceptable primary building materials for public and commercial structures. b Wall Treatment: Window and door unites should be well scaled quality fixtures; bronze, anodized aluminum, and hardwood units are recommended. Extensive areas of reflective glass window wall, vinyl, plastic, metal and wood siding, and jalousie windows should be avoided. c Roof Treatment: Low pitched sloping roofs with clay tiles are recommended where appropriate to the building use. Flat roofs may be used, provided all mechanical equipment is concealed from public view. d Paving Treatment: Modular paving materials are recommended over monolithic surfaces for pedestrian areas. Paving modules should be designed to accommodate lighting units, seating, trash receptacles, trees, planters, drains and similar items. Textured and colored paving surfaces such as clay brick pavers, (not facing bricks) are recommended rather than smooth and grey finishes. Paving materials on private property may var from, but should complement, adjacent public and private walkways in pattern and texture. Pedestrian paving materials and patterns should be used to identify crosswalks in parking lots. e Color and texture: Overall building colors schemes should be compatible with adjacent quality buildings. Light and pastel colors should predominate, darker accent colors may be used to add definition and interest around elements such as door and window openings. Where feasible, texture and color should be an integral part of the building material. Strongly textured permanent materials and decorative clay product are recommended. Polished stainless steel, reflective mirror glass and similar glare producing materials should not be used extensively. Highly contrasting patterned color schemes in black and white or red and white, (for example, schemes reminiscent or motor speedway tracks), should be avoided as they are a visual disruption in the urban landscape. 4 Pedestrian Circulation Features and Amenities a Pedestrian circulation should be barrier free and ramps are to be provided for the handicapped, in accord with Florida regulations. Pedestrian Page 2 of 4 • • circulation should be planned and integrated in design with adjacent projects. 0 b Commercial building, first floor level facades should be attractive and provide visual interest, with shop windows, display units, entrances, and public amenities. Large areas of blank walls are to be avoided. No more than 30 percent of the first floor building elevation adjacent to a public walkway should be solid wall. c Pockets of dead space along shopping streets are to be avoided. Where exterior courts or major building facade setbacks occur, entrances should be provided. d Arcades, canopies and awnings should be provided along pedestrian walks for sun and rain protection. They should be at least 8 feet wide, with a clear head room of 9 feet. They should be permanent design elements, but may have movable and replaceable components. e Public amenities such as fixed seating in shaded areas, trash receptacles, drinking fountains, xeriscape drought tolerant landscaping, lighting units, water features, sculpture, information directories, should be provided. Lighting a Architectural, safety, emergency and security lighting, should be integrated into the building design. b Pedestrian lighting should safely illuminate walkways, either from light standards or from lower level, vandal resistant, accent lights, set at a uniform height. c Low intensity landscape lighting may be used. d Automatic security lighting should illuminate all areas around the building and should not create shadow pockets. e Lighting should be directed away from streets and adjacent property, and should not create annoying glare. f Energy efficient lighting equipment should be used. Metal halide are recommended to be used in pedestrian areas, and high pressure sodium in parking areas. g White light is recommended, and multi -colored lighting is to be avoided, especially when it might conflict with traffic signals. Service Facilities and Mechanical Equipment a b c d e f Service entrances and service disposal facilities should be screened from view, and should be located so as not to disrupt pedestrian movement. Mechanical equipment and utility services should be located and screened so as not to be visible from public areas adjacent property. Noise from mechanical services should not be apparent in outside public areas. Power and communications transmission liens should be underground in public areas. Provision should be made for natural ventilation and air circulation, to reduce energy costs and noise. Window air conditioning units should not be used. Page 3 of 4 0 • THAT this resolution shall become effective immediately upon adoption by the City Council at regular or special public hearing. INTRODUCED and adopted this 6th day of October , 1998. ATTEST: Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 4 of 4 • • RESOLUTION NO. 98-12 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AND SETTING FORTH DESIGN GUIDELINES FOR USE IN THE LAND USE DESIGNATION OF CENTRAL BUSINESS DISTRICT WHICH ARE SUGGESTIVE IN NATURE IN ORDER TO MAINTAIN A UNIFORM DESIGN FOR COMMERCIAL DEVELOPMENT WITHIN SUCH LAND USE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the CITY OF OKEECHOBEE is adopting a unified land development code to create land use designations throughout the City of Okeechobee with related regulations and procedures associated therewith; and WHEREAS such regulations require the creation and implementation of rules, procedures and suggested guidelines to maintain continuity among certain land use designations; and WHEREAS the City has determined that design guidelines are necessary and helpful in the land use designation of Central Business District due to recent downtown renovation projects, and to maintain consistent and similar design for future development in such district; and WHEREAS the City has determined that these guidelines should be suggestive in nature rather than mandatory, and that as amendment may be required from time to time on short notice to accommodate the needs of the City and of the public, that such guidelines are appropriate by resolution; THEREFORE, be it resolved and approved that the following design guidelines are adopted for use in Central Business District land use designations: UNIFIED LAND DEVELOPMENT CODE VOLUME 1-APPENDIX D Central Business District Building Design Guidelines These building design guidelines provide information to assist the building designer to integrate public and commercial buildings within the urban landscape. They are intended to encourage creation of a high quality environment for business, work and shopping areas, and alert architects, engineers, and developers to features that should be given careful consideration during project development. The building design guidelines contain no mandatory requirements. Overall Building Design a Buildings should have a strong unified architectural image, and all sides of buildings, signs, fences, landscaping, lighting, walks, and other amenities should be detailed consistently. b Building forms should be appropriate for the south central Florida climate, incorporating overhangs for shading, and provision for natural building ventilation and air movement. c Projects should be planned and designed to be compatible with adjacent well designed buildings and urban landscape. d Where an historical architectural style is used, it should be consistent in detailing and materials. e There should be an honest expression in construction and design, achieved through proper use of building forms, quality materials, and judicious use of Page 1 of 4 color and textures. 2 Building Massing and Relationships a Building should be related to human scale, and should not be planned as one large unarticulated mass. hould be related to corresponding elements b Building forms and elements s on adjacent buildings. Major horizontal features, windows, floor and roof levels, arcades, and canopies should recognize adjacent building alignments. The rhythm of major vertical elements, column bays, and windows in fine existing buildings should be echoed in new buildings. c Covered arcades, canopies, and exterior courts should be incorporated to improve livability in the Florida climate, to reduce apparent building mass, and to add interest. 3 External Building Materials a Building Construction materials: Construction materials should be of lasting quality, properly used, installed and maintained. Facing brick and stone (Each of fairly uniform color), textured concrete, terra cotta, and stucco on masonry are acceptable primary building materials for public and commercial structures. b Wall Treatment: Window and door unites should be well scaled quality fixtures; bronze, anodized aluminum, and hardwood units are recommended. Extensive areas of reflective glass window wall, vinyl, plastic, metal and wood siding, and jalousie windows should be avoided. c Roof Treatment: Low pitched sloping roofs with clay tiles are recommended where appropriate to the building use. Flat roofs may be used, provided all mechanical equipment is concealed from public view. d Paving Treatment: Modular paving materials are recommended over monolithic surfaces for pedestrian areas. Paving modules should be designed to accommodate lighting units, seating, trash receptacles, trees, planters, drains and similar items. Textured and colored paving surfaces such as clay brick pavers, (not facing bricks) are recommended rather than smooth and grey finishes. Paving materials on private property may var from, but should complement, adjacent public and private walkways in pattern and texture. Pedestrian paving materials and patterns should be used to identify crosswalks in parking lots. e Color and texture: Overall building colors schemes should be compatible with adjacent quality buildings. Light and pastel colors should predominate, darker accent colors may be used to add definition and interest around elements such as door and window openings. Where feasible, texture and color should be an integral part of the building material. Strongly textured permanent materials and decorative clay product are recommended. Polished stainless steel, reflective mirror glass and similar glare producing materials should not be used extensively. Highly contrasting patterned color schemes in black and white or red and white, (for example, schemes reminiscent or motor speedway tracks), should be avoided as they are a visual disruption in the urban landscape. 4 Pedestrian Circulation Features and Amenities a Pedestrian circulation should be barrier free and ramps are to be provided for the handicapped, in accord with Florida regulations. Pedestrian circulation should be planned and integrated in design with adjacent projects. b Commercial building, first floor level facades should be attractive and provide visual interest, with shop windows, display units, entrances, and Page 2 of 4 • public amenities. Large areas of blank walls are to be avoided. No more than 30 percent of the first floor building elevation adjacent to a public walkway should be solid wall. c Pockets of dead space along shopping streets are to be avoided. Where exterior courts or major building facade setbacks occur, entrances should be provided. d Arcades, canopies and awnings should be provided along pedestrian walks for sun and rain protection. They should be at least 8 feet wide, with a clear head room of 9 feet. They should be permanent design elements, but may have movable and replaceable components. e Public amenities such as fixed seating in shaded areas, trash receptacles, drinking fountains, xeriscape drought tolerant landscaping, lighting units, water features, sculpture, information directories, should be provided. 5 Lighting a Architectural, safety, emergency and security lighting, should be integrated into the building design. b Pedestrian lighting should safely illuminate walkways, either from light standards or from lower level, vandal resistant, accent lights, set at a uniform height. c Low intensity landscape lighting may be used. d Automatic security lighting should illuminate all areas around the building and should not create shadow pockets. e Lighting should be directed away from streets and adjacent property, and should not create annoying glare. f Energy efficient lighting equipment should be used. Metal halide are recommended to be used in pedestrian areas, and high pressure sodium in parking areas. g White light is recommended, and multi -colored lighting is to be avoided, especially when it might conflict with traffic signals. Information 11 SIGN PLAN A sign plan required shall comply with the following: Sign owner's name, address and phone number. 2 Construction design by an architect, engineer, or sign manufacture, with the designer's name, address and phone number. 3 Construction and erection contractor's name, address, phone number. 4 Drawing size: not more than 3 feet by 2 feet; scale not less than 1 inch to 2 feet. Site plan showing location of property. Sign design drawing showing: a Type and design of sign. b Graphic information displayed and color scheme. c Construction details and specifications. d Structural design calculations, prepared by architect, engineer or sign manufacturer. e Lighting details and specifications, if applicable. THAT this resolution shall become effective immediately upon adoption by the City Council at regular or special public hearing. Page 3 of 4 • • INTRODUCED and adopted this 6th day of October , 1998. ATTEST: Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 4 of 4 i RESOLUTION NO. 98-13 Exhibit 10 - Oct 6 Agenda A RESOLUTION OF THE CITY OF OKEECHOBEE$ FLORIDA AUTHORIZING AND CREATING A POLICY TO BE ENACTED WITHIN THE CITY SETTING FORTH CIRCUMSTANCES UNDER WHICH MOTOR VEHICLES MAY BE IMPOUNDED BY LAW ENFORCEMENT; PROVIDING FOR ADMINISTRATIVE PENALTY FOR THE USE OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR A PROCEDURE FOR REVIEW OF THE IMPOUNDMENT DECISION; PROVIDING FOR A PROCEDURE FOR DISPOSITION OF UNCLAIMED MOTOR VEHICLES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS drug related crimes, prostitution and driving under the influence of alcohol are crimes which are a threat to the health, safety and public welfare of the citizens of the City of Okeechobee, Florida; and WHEREAS motor vehicles are frequently used to facilitate the commission of such crimes; and WHEREAS the use of motor vehicles to facilitate the commission of drug, prostitution and driving under the influence are crimes which are destructive to the rights, values, morals and peace of the citizens of the City of Okeechobee, Florida; and WHEREAS the City Council of the City of Okeechobee, Florida makes a finding that it is in the best interests of the City to impound motor vehicles that are used to facilitate the commission of such crimes, thereby protecting and enhancing the health, safety, welfare and moral integrity of the citizens of the City of Okeechobee; NOW THEREFORE, it is hereby resolved and adopted by the City Council of the City of Okeechobee, Florida that the following procedures are adopted and to be enforced within the City of Okeechobee, Florida for the impoundment and disposition of motor vehicles used in the commission of the aforementioned crimes: I. ARTICLE I. VEHICLE IMPOUNDMENT A. A motor vehicle for purposes of this resolution is defined as set forth in Florida Statutes 316.003 (21) & (22). B. A motor vehicle shall be subject to seizure and impoundment whenever a law enforcement officer enforcing the laws within the City of Okeechobee, Florida has probable cause that the vehicle: I. Contains any controlled substance or cannabis as defined in Florida Statutes Chapter 893. or ��• Was used, or facilitated in the purchase, attempt to purchase, sale or attempts to sell such controlled substance or cannabis, or Was used to facilitate the commission of an act of prostitution, assignation or lewdness as defined in Florida Statutes Section 796.07, or iv. Was in the actual physical control of a person convicted under the provisions of Chapter 316, Florida Statutes, and which vehicle is ordered to be impounded by the Court under the provisions of F.S. 316.193(6)(d) Page 1 of 4 0 • C. Upon seizing the motor vehicle, the law enforcement officer shall: 1. provide for the towing to the vehicle to a city -owned or maintained controlled facility, or to a facility controlled by the City's towing agent, and 2. notify in writing the person determined to the registered owner of the vehicle and any person who is found to be in control of the vehicle at the time of its seizure of the fact of the seizure, and impoundment of the vehicle, as well as the right to request a preliminary hearing pursuant to the provisions herein. D. The notices given pursuant to this section shall be provided by hand delivery at the time of the seizure and impoundment of the vehicle, or if neither the vehicle owner or the person in control of the vehicle at the time of its seizure is available to receive such notice, then notice shall be provided to the vehicle owner by certified mail, return receipt requested, within forty-eight hours of the time of impoundment excluding Saturdays, Sundays and legal holidays. E. This section shall not apply and the motor vehicle shall not be seized or impounded if: 1. the possession, use or sale of the controlled substance and/or cannabis is authorized by Chapter 893, Florida Statutes; or 2. The vehicle was stolen at the time it was subject to seizure and impoundment; or 3. The vehicle was operating as a common carrier at the time it was subject to seizure or impoundment; or 4. A law enforcement agency has expressed its intent in writing to institute forfeiture proceedings against the vehicle. ARTICLE II. HEARINGS, ADMINISTRATIVE PENALTY A. If the registered owner of the motor vehicle, or his or her authorized agent has made a written request for a preliminary hearing, then: 1. The City shall hold such hearing within forty-eight hours of receipt of the written request for hearing, excluding Saturdays, Sundays and legal holidays, before a special master of the City of Okeechobee. At this time and subject to further direction, the City attorney is appointed and shall serve as the special master on behalf of the City. At the hearing, the City shall have the burden of proof that there is probable cause to believe the motor vehicle is subject to impoundment and continued seizure under this resolution. The formal rules of evidence shall not apply at the hearing, and hearsay evidence is admissible. It is the responsibility of the vehicle owner or authorized agent to provide for an accurate record of the proceedings. 2. If, after the hearing, the Special Master determines that there is probable cause to believe that the vehicle is subject to impoundment and continued seizure, he/she shall order the continued impoundment of the vehicle unless the vehicle owner or his/her authorized agent pays to the City an administrative civil penalty of a sum not to exceed $500.00, plus all towing costs, or post with the City a cash bond in the amount of the penalty assessed plus all towing and storage charges, if any, together with the reasonably anticipated storage charges which may accrue prior to a final hearing. No storage charges shall accrue for the first seven (7) days the vehicle is impounded, but commencing Page 2 of 4 • • on the eighth (e) day and each day thereafter, a storage fee of $10.00 per day shall accrue on the vehicle. If, after this preliminary hearing, there is a finding of no probable or authorized agent thereof, without released to the registered owner or altowing or storage charge. the imposition of any penalty, 3, In the event a finding of probable cause iscret onteruponhmisgating pecial Master is permitted, in his/her s circumstances presented at the preliminary a c civil penalty of hearingr final less than owner or authorized agent, to enter $500.00, but in no event shall the penalty be less than $100.00. 4, Within ten days of the date the motor vehicle is seized and impounded, and whether or not a preliminary hearing is requested the City shall notify by certified mail, return receipt requested, the vehicle owner of record of the date, time and location of a final hearing to be conducted pursuant to the provision ede aof the Spec afinl hearing ll be scheduled and held, unless continued by o Master, no later than forty-five days after the date that the vehicle was seized and impounded. The formal rules of evidence shall not apply at the final hearing, and hearsay evidence may be admitted. The City shall have the burden to show by a preponderance of the evidence that the vehicle was used in the commission of, or to facilitate the crimes of, possession, sale or attempt of drugs, or prostitution. If, after the final hearing, a finding is made by the Special Master that the vehicle is subject to impoundment and seizure pursuant to the provisions herein, and that none of the enumerated exceptions apply, then the Special Master of the City shall enter an order finding the owner of the vehicle civilly liable to the City for an administrative penalty as provided herein, plus any applicable towing or storage charges. If, after the final hearing, or'ndinthat 9 one ofmade the that enumeratethe City ld not meet its burden of proof , exceptions apply, the vehicle shall be forthwith returned to the registered owner or his/her authorized agent, together with refund of any cash bond posted. B. ADMINISTRATIVE PENALTY. If an administrative penalty is imposes pursuant to the provisions and owing to the City. The vehicles cles such penalty shall constitute a debt du such debt to the City shall be registered owner's obligation to pay independent of the City's return or releaooWardsvehicle. payment of the penalty been posted, the bond shall be applied imposed. C. RETURN OF THE VEHICLE. The vehicle subject to this resolution shall I be returned to the on occurrence of onestered of the owner thereof, or his/her authorized agent,upon following: �. The owner elects to execute a voluntary agreement with the City without hearing to pay the administrative penalty, which includes a release of liability to the City. 2, The owner or agent prevails at thefindenimibyry or he final Spec ahearing Masterthe of impoundment and there is the impoundment. insufficient evidence to support 3. The owner or agent, subsequent tta preliminary or final hearing, pays the assessed penalty theCity. 4. The owner appeals the final decision of the City to the Circuit Court Page 3 of 4 and prevails on appeal. 5. The impoundment is pursuant to a court order under Chapter 316, Florida Statutes, and such time has expired, and the owner has paid the impoundment fees. D. RIGHT OF APPEAL. The owner of the motor vehicle that has been the subject of seizure and impoundment hereunder by the City may appeal the final ruling and decision of the Special Master of the and for City of eechobee to the Okeechobee Countyircuit Floridaubyflling rt of the Nineteenth Judicial Circuit, Appellate Procedure a written notice thereof as provided by Florida Rules of within thirty days of rendition of such ruling. The filing fees, and burden to maintain, transcribe and provide a record on appeal to the Court shall be the obligation and expense of the owner of the motor vehicle. E. UNCLAIMED VEHICLES. Any motor vehicle that is not reclaimed by the registered owner thereof within sixty days from the date of the final order of the Special Master of the City of Okeechobee, which order subjects the vehicle to the administrative penalties, becomes unclaimed evidence pursuant to Florida Statutes 705.101(6). Such unclaimed vehicle shall then be disposed of by the City of Okeechobee pursuant to Florida Statutes Section 705.105. ARTICLE III. All resolutions or parts or resolutions in conflict herewith be, and the same are hereby repealed. ARTICLE IV. Should any section or provision of this resolution be declared by a court of competent jurisdiction to be invalid for any reason, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part or section specifically declared to be invalid. THIS RESOLUTION shall become effective immediately upon its approval by the City Council. INTRODUCED AND ADOPTED this 6T" day of October, 9998. ATTEST: Bonnie Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 4 of 4 RESOLUTION NO. A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING AND CREATING A POLICY TO BE ENACTED WITHIN THE CITY SETTING FORTH CIRCUMSTANCES UNDER WHICH MOTOR VEHICLES MAY BE IMPOUNDED BY LAW ENFORCEMENT; PROVIDING FOR ADMINISTRATIVE PENALTY FOR THE USE OF MOTOR VEHICLES UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR A PROCEDURE FOR REVIEW OF THE IMPOUNDMENT DECISION; PROVIDING FOR A PROCEDURE FOR DISPOSITION OF UNCLAIMED MOTOR VEHICLES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS drug related crimes, prostitution and driving under the influence of alcohol are crimes which are a threat to the health, safety and public welfare of the citizens of the City of Okeechobee, Florida; and WHEREAS motor vehicles are frequently used to facilitate the commission of such crimes; and WHEREAS the use of motor vehicles to facilitate the commission of drug, prostitution and driving under the influence are crimes which are destructive to the rights, values, morals and peace of the citizens of the City of Okeechobee, Florida; and WHEREAS the City Council of the City of Okeechobee, Florida makes a finding that it I s in the best interests of the City to impound motor vehicles that are used to facilitate the commission of such crimes, thereby protecting and enhancing the health, safety, welfare and moral integrity of the citizens of the City of Okeechobee; NOW THEREFORE, it is hereby resolved and adopted by the City Council of the City of Okeechobee, Florida that the following procedures are adopted and to be enforced within the City of Okeechobee, Florida for the impoundment and disposition of motor vehicles used in the commission of the aforementioned crimes: ARTICLE I. VEHICLE IMPOUNDMENT 14. A motor vehicle for purposes of this resolution is defined as set forth in Florida Statutes 316.003 (21) & (22). i - �. A motor vehicle shall be subject to seizure and impoundment whenever a law enforcement officer enforcing the laws within the City of Okeechobee, Florida has probable cause that the vehicle: i. Contains any controlled substance or cannabis as defined in Florida Statutes Chapter 893. or ii. Was used, or facilitated in the purchase, attempt to purchase, sale or attempts to sell such controlled substance or cannabis, or iii. Was used to facilitate the commission of an act of prostitution, assignation or lewdness as defined in Florida Statutes Section 796.07, or iv. Was in the actual physical control of a person convicted under the provisions of Chapter 316, Florida Statutes, and which vehicle is ordered to be impounded by the Court under the provisions of F.S. 316.193(6)(d) B. Upon seizing the motor vehicle, the law enforcement officer shall: i. provide for the towing to the vehicle to a city -owned or maintained controlled facility, or to a facility controlled by the City's towing agent, and ii. notify in writing the person determined to the registered owner of the vehicle and any person who is found to be in control of the vehicle at the time of its seizure of the fact of the seizure, and impoundment of the vehicle, as well as the right to request a preliminary hearing pursuant to the provisions herein. C. The notices given pursuant to this section shall be provided by hand delivery at the time of the seizure and impoundment of the vehicle, or if neither the vehicle owner or the person in control of the vehicle at the time of its seizure is available to receive such notice, then notice shall be provided to the vehicle owner by certified mail, return receipt requested, within forty- eight hours of the time of impoundment excluding Saturdays, Sundays and legal holidays. D. This section shall not apply and the motor vehicle shall not be seized or impounded if: i. the possession, use or sale of the controlled substance and/or cannabis is authorized by Chapter 893, Florida Statutes; or ii. The vehicle was stolen at the time it was subject to seizure and impoundment; or iii. The vehicle was operating as a common carrier at the time it was subject to seizure or impoundment; or iv. A law enforcement agency has expressed its intent in writing to institute forfeiture proceedings against the vehicle. H. HEARINGS, ADMINISTRATIVE PENALTY A1. If the registered owner of the motor vehicle, or his or her authorized agent has made a written request for a preliminary hearing, then: ( A. The City shall hold such hearing within forty-eight hours of receipt of the written request for hearing, excluding Saturdays, Sundays and legal holidays, before a special master of the City of Okeechobee. At this time and subject to further direction, the City attorney is appointed and shall serve as the special master on behalf of the City. At the hearing, the City shall have the burden of proof that there is probable cause to believe the motor vehicle is subject to impoundment and continued seizure under this resolution. The formal rules of evidence shall not apply at the hearing, and hearsay evidence is admissible. It is the responsibility of the vehicle owner or authorized agent to provide for an accurate record of the proceedings. 2. B. If, after the hearing, the Special Master determines that there is probable cause to believe that the vehicle is subject to impoundment and continued seizure, he/she shall order the continued impoundment of the vehicle unless the vehicle owner or his/her authorized agent pays to the City an administrative civil penalty of a sum not to exceed $500.00, plus all towing costs, or post with the City a cash bond in the amount of the penalty assessed plus all towing and storage charges, if any, together with the reasonably anticipated storage charges which may accrue prior to a final hearing. No storage charges shall accrue for the first seven (7) days the vehicle is impounded, but commencing on the eighth (8te) day and each day thereafter, a storage fee of $10.00 per day shall accrue on the vehicle. If, after this preliminary hearing, there is a finding of no probable cause, the vehicle shall be released to the registered owner or authorized agent thereof, without the imposition of any penalty, towing or storage charge. '5 C. In the event a finding of probable cause is entered, the Special Master is permitted, in his/her sole discretion, upon mitigating circumstances presented at the preliminary or final hearing by the owner or authorized agent, to enter a civil penalty of less than $500.00, but in no event shall the penalty be less than $100.00. 4 D. Within ten days of the date the motor vehicle is seized and impounded, and whether or not a preliminary hearing is requested the City shall notify by certified mail, return receipt requested, the vehicle owner of record of the date, time and location of a final hearing to be conducted pursuant to the provisions herein. The final hearing shall be scheduled and held, unless continued by order of the Special Master, no later than forty-five days after the date that the vehicle was seized and impounded. The formal rules of evidence shall not apply at the final hearing, and hearsay evidence may be admitted. The City shall have the burden to show by a preponderance of the evidence that the vehicle was used in the commission of, or to facilitate the crimes of, possession, sale or attempt of drugs, or prostitution. If, after the final hearing, a finding is made by the Special Master that the vehicle is subject to impoundment and seizure pursuant to the provisions herein, and that none of the enumerated exceptions apply, then the Special Master of the City shall enter an order finding the owner of the vehicle civilly liable to the City for an administrative penalty as provided herein, plus any applicable towing or storage charges. If, after the final hearing, a finding is made that the City did not meet its burden of proof , or that one of the enumerated exceptions apply, the vehicle shall be forthwith returned to the registered owner or his/her authorized agent, together with refund of any cash bond posted. 2. ADMINISTRATIVE PENALTY. If an administrative penalty is imposed pursuant to the provisions herein, such penalty shall constitute a debt due and owing to the City. The vehicles registered owner's obligation to pay such debt to the City shall be independent of the City's return or release of the vehicle. If a cash bond has been posted, the bond shall be applied towards payment of the penalty imposed. C 3. RETURN OF THE VEHICLE. The vehicle subject to this resolution shall be returned to the registered owner thereof, or his/her authorized agent, upon occurrence of one of the following: a. The owner elects to execute a voluntary agreement with the City without hearing to pay the administrative penalty, which includes a release of liability to the City. Z B. The owner or agent prevails at the preliminary or final hearing on the impoundment and there is a finding by the Special Master of insufficient evidence to support the impoundment. • 0 � C. The owner or agent, subsequent to a preliminary or final hearing, pays the assessed penalty to the City. 4 D. The owner appeals the final decision of the City to the Circuit Court and prevails on appeal. S E. The impoundment is pursuant to a court order under Chapter 316, Florida Statutes, and such time has expired, and the owner has paid the impoundment fees. 4. RIGHT OF APPEAL. The owner of the motor vehicle that has been the subject of seizure and impoundment hereunder by the City may appeal the final ruling and decision of the Special Master of the City of Okeechobee to the Circuit Court of the Nineteenth Judicial Circuit, in and for Okeechobee County, Florida, by filing a written notice thereof as provided by Florida Rules of Appellate Procedure within thirty days of rendition of such ruling. The filing fees, and burden to maintain, transcribe and provide a record on appeal to the Court shall be the obligation and expense of the owner of the motor vehicle. C 5. UNCLAIMED VEHICLES. Any motor vehicle that is not reclaimed by the registered owner thereof within sixty days from the date of the final order of the Special Master of the City of Okeechobee, which order subjects the vehicle to the administrative penalties, becomes unclaimed evidence pursuant to Florida Statutes 705.101(6). Such unclaimed vehicle shall then be disposed of by the City of Okeechobee pursuant to Florida Statutes Section 705.105. ARTICLE III. All resolutions or parts or resolutions in conflict herewith be, and the same are hereby repealed. ARTICLE IV. Should any section or provision of this resolution be declared by a court of competent jurisdiction to be invalid for any reason, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part or section specifically declared to be invalid. • 9 THIS RESOLUTION shall become effective immediately upon its approval by the City Council. ADOPTED AND APPROVED this day of October, 1998. James Kirk, Mayor City of Okeechobee ATTEST: Bonnie Thomas, City Clerk CMC APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney • Exhibit 11 - � OKLrz _ Oct 6 Agenda ° yo i ` . t.: C t of Okeechobee 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932.813/763-3372 MEMO: Robert Bradshaw re: FINA/Cheatham project September 30, 1998 I have reviewed the FINA project and the recent permit issued by the City. This permit allows the construction of a warehouse facility on the Western most portion of the property. The zoning on the particular lot appears to be CBD, and the future land use map designates it as commercial. This permit is validly issued under the provisions of the existing code, i.e. the "orange book", which permits such a structure in a commercial district. Therefore, while the permit is valid, we must inform the applicant that the erection of the structure cannot commence until he applies for, and receives, a zoning designation change to commercial. Once this occurs, the warehouse may be constructed. At that time, pursuant to Chief Tomey's fire code definitions, the storage of oil, hydraulic fluid, and such petroleum products would be permitted in a commercial zone. The storage of flammable liquids, which are defined as those products with a combustion point of 100 degrees Fahrenheit or less, would not be permitted. Further, section 105(2) of the LDR's state that if a permit is issued prior to the date of adoption of the LDR's, the applicant must make a continuous effort to complete the project, and must do so within six months of the permit. Further, if this warehouse would be a nonconforming use under the LDR's once adopted, section 752(1) permits such nonconforming projects to continue to completion, so long as they hold a valid permit. In summary, the permit for the warehouse previously issued by the City is valid; but conditioned upon obtaining the zoning change, if that is the applicant's goal. This information should be relayed to the applicant. Kindest Regards, John R. Cook City Attorney JRC. rb U Cityof Okeechobee 55 S.E. Third Avenue • Okeechobee, Florida 34974-29329813/763-3372 Robert Bradshaw re: FINA/Cheatham project September 30, 1998 As you know, subsequent to my first memo this morning on this issue, we met with Bill Cheatham and his attorney, Tom Conely at their request for a clarification of the opinion I set forth in that letter. After further discussion, there are a couple of clarifications that should be made known to the council. 1. First and foremost, I neglected to include in my first letter the fact that the present use made of this property, to -wit: a service station with accessory structures associated with this use, is also a permitted use in the CBD zoning that he already has. My purpose in requiring a zoning change to commercial is due to the City requiring new developments to amend their zoning to match the future land use map, which in this case is commercial. In the past, we have never to my knowledge refused to approve a zoning change to match the future land use map, and there is no reason not to do so in this case as well. The effect of this is that since the present zoning permits the building for which Mr. Cheatham has a City permit, I now believe he can commence construction immediately, but as a formality, must still go through the zoning amendment process. 2. Further, in stating that this structure is permitted in commercial (and CBD zoning categories) without special exception, I based this upon my plan review. The plans indicate the structure he is building on the West side of the property is going to primarily include offices for the service station, retail sales, storage of food, merchandise and products for sale in the service station, along with the storage tanks for the petroleum products. Under the orange book this could be considered a permissible accessory use to the service station in both the commercial and CBD categories, and not simply a warehouse devoted solely to the storage of petroleum products which would require a special exception. I trust this clears up the issues raised today; call if you have any questions. Kindest Regards, John R. Cook JRC/rb