1995-05-16CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
A. Call Meeting to order on May 16, 1995 at 7:00 p.m.
B. Invocation offered by Reverend John Hart;
Pledge of Allegiance led by Mayor Kirk.
C. Mayor and Council Attendance:
Mayor James E. Kirk
Councilmember Noel A. Chandler
Councilmember Michael G. O'Connor
Councilmember Robert Oliver
Councilmember Dowling R. Watford, Jr.
Staff Attendance:
City Attorney John R. Cook
City Administrator John J. Drago
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
Mayor Kirk called the regular meeting to order on May 16, 1995 at 7:00 P.M.
Reverend John Hart offered the invocation;
Mayor Kirk led the Pledge of Allegiance.
Clerk Thomas called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
0. Motion to dispense with the reading and approve the Summary of Councilmember Chandler moved to dispense with the reading and approve the
Council Action for the regular meeting of May 2, 1995. Summary of Council Action for the regular meeting of May 2, 1995; seconded by
Councilmember Watford.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
PAGE 1 OF 14
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564
MAY 16, 1995 - REGULAR MEETING - PAGE 2 OF 14
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL III Mayor Kirk asked Council and Staff for additions, deferral's or withdrawals of items from
OF ITEMS ON TODAY'S AGENDA. today's agenda; there were none.
E. OPEN PUBLIC HEARING
1. Consider Petition 95-424-R to rezone property located at 712 Mayor Kirk opened the Public Hearing by introducing to Council and those present, Mr.
N.W. 9th Avenue from Holding to Residential General - 2 - Bill Royce, Planning Director of the City/County Planning and Development Department.
Mr. Bill Royce (Exhibit 1). Mr. Royce gave the Council an overview of Petition 95-424-R, Monica Harden, property
owner; Richard A. Ward, applicant. A request for zoning change from the existing
classification of Holding(H) to Residential General-2 (RG-2). The Property address is
712 N.W. 9th Avenue, and is located in the City of Okeechobee.
Mr. Royce explained to Council the background information on the subject property; its
intent toward consistency with Land Development Regulations; its consistency with the
Comprehensive Plan; the staff recommendation that the City Council grant the request
for a change in zoning from Holding (H), to Residential General-2 (RG-2); and the
Planning Board, on April 25, 1995, recommended unanimously that the Okeechobee
City Council grant the petition for a change in zoning from Holding (H), to Residential
General-2 (RG-2).
After further discussion, motion was made by Councilmember O'Connor to grant
petition 95-424-R, a request to rezone property located at 712 N.W. 9th Avenue, (Lots
1-5 and 11-15, City of Okeechobee), from Holding (H), to Residential General (RG-2);
motion was seconded by Councilmember Oliver.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
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X
X
X
X
�1565
CLOSE PUBLIC HEARING
F. NEW BUSINESS
MAY 16, 1995 - REGULAR MEETING - PAGE 3 OF 14
With no further discussion Mayor Kirk closed the Public Hearing.
1. Motion to appoint William Brumley as new Maintenance Councilmember Oliver moved to appoint William Brumley as a new Maintenance
Operator - Director of Public Works III Operator; seconded by Councilmember Watford.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
2. Motion to appoint Jerry O'Bannon to the General Fund Councilmember Watford moved to appoint Jerry O'Bannon to the General Fund Pension
Pension Board for a 2-year term which expires May 31, 1997 Board for a two year term which expires May 31, 1997; seconded by Councilmember
- City Administrator (Exhibit 2). 1 O'Connor.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
3. Discussion regarding General Employees Retirement Fund - Mayor Kirk called Pension Board Attorney Scott Christiansen forward to address the
Scot Christiansen (Exhibit 3). Council regarding the General Employees Retirement Fund. Attorney Christiansen
discussed with Council the results of the completed Actuarial Studies for the General
Employees Retirement System, (by Kruse, O'Connor and Ling, Inc., Consultants and
Actuaries of Ft. Lauderdale, Florida), as they had requested.
After discussion Councilmember Chandler moved to adopt Item G, of Exhibit 3, (of the
Actuarial Study), with the exception that the 1.95% as shown in Item G, of Exhibit 3, be
changed to 2%; and that the effective date of commencement will be September 30,
1995; Councilmember O'Connor seconded the motion for discussion.
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X
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X
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Coro
MAY 16 1995 - REGULAR MEETING - PAGE 4 OF 14`v
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F. NEW BUSINESS
3. Discussion regarding General Employees Retirement Fund
Discussion ensued concerning Item G, which consists of the following:
continued:
Early retirement age fifty-five with ten years of service; and increase retirement benefit
rate (multiplier), to two percent for actives only; and increase member contribution,
(from five percent) to six percent. The required City contribution will be thirty thousand
two hundred twenty six dollars ($30,226.00) at 2.90 percent. An increase of eighteen
thousand six hundred dollars ($18,600.00). It was pointed out by Councilmem ber
O'Connor that the City contribution would be one-half that amount or nine thousand
three hundred dollars ($9,300.00) when the Utility Authority takes over.
Other discussion was held concerning funding Item G without raising taxes; and the
Utility Authority, (when it begins), picking up its share of the cost for those employees;
the fact that an ordinance with appropriate public hearings will have to be completed
within the effective date as set out in the motion; and that the multiplier can be changed
again later if found to be necessary.
KIRK
X
CHANDLER
X
O'CONNOR
X
OLIVER
X
WATFORD
X
i
MOTION CARRIED.
4. Discuss extending the Auditing Contract - City Administrator
Mayor Kirk and the Council were informed by the City Administrator that the current
(Exhibit 4).
contract between the City and the J.D. Gilbert and Company auditing firm for auditing
services expires September 30, 1995. He further advised Council that because the
Utility Authority will begin operation on October 1, 1995, it would benefit the City to have
the current auditor complete the 1994195 audit. The main reason for his recommenda-
tion is the fact that the current auditor has all the knowledge of both financial systems,
and can complete the audit and close the books on Public Utilities quicker than bringing
in a new auditor. Also that Mr. Gilbert has agreed to perform the 1994/95 audit under
the same terms and conditions of his present contract which is fourteen thousand, five
hundred dollars ($14,500.00) per year.
,\,567
F. NEW BUSINESS
4. Discuss extending the Auditing Contract continued:
MAY 16, 1995 - REGULAR MEETING - PAGE 5 OF 14
Council agreed with the recommendation for the J.D. Gilbert Company auditing firm to
continue through FY 1994/95. Also that the extenuating circumstances because of the
Utility Authority being formed was a factor in the recommendation to extend the
contracted service for another fiscal year. It was also made clear that the City will
absolutely bid out the services for the next fiscal year, (1995/96). Council commented
that the current firm was finishing their third year with the City and their price had stayed
the same all three years.
Councilmember O'Connor moved to extend the Auditing Contract with the J.D. Gilbert
Company for the 1994/95 Fiscal Year at fourteen thousand, five hundred dollars
($14,500.00), using the same contract terms; seconded by Councilmember Chandler.
KIRK
CHANDLER
O'CONNOR
OLIVER
WATFORD
MOTION CARRIED.
5. Discuss the Animal Control contract - City Administrator (E-5) Discussion was held by Council and staff regarding the current Animal Control contract
which is due to expire September 30, 1995. It was determined that even though there
were no problems with the service the current provider was performing for the City, it
should seek additional full service proposals.
Mayor Kirk instructed the City Administrator to seek new proposals for a full service
animal control contract; and that they should be completed within the time frame prior
to the expiration date of the present contract so as to allow Council enough time to
make the appropriate decisions regarding this service. Council agreed.
►
IS
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MAY 16, 1995 - REGULAR MEETING - PAGE 6 OF 14
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F. NEW BUSINESS
6. Discuss the sale of a City lot - City Administrator (Exhibit 6).
The City Administrator and the City Attorney explained to Council the circumstances
involving the City's obtaining ownership of Lot 1, Block 220, First Addition to the City of
Okeechobee, from Mr. Don Talcott Parkhurst on November 12, 1993, by Quit -Claim
Deed. Also that Mr. J.W. Owens, owner of the Penneysaver, whose property line joins
Lot 1 of Block 220, wishes to purchase it from the city for the sum of $8,000.00.
After discussion with the City Administrator and being advised by the City Attorney that
its action would be legally appropriate, Councilmember Watford moved to sell a lot on
the corner of Southeast 5th Street and Southeast 2nd Avenue, (Lot 1 of Block 220, First
Addition to the City of Okeechobee), to Mr. J. W. Owens, for the amount of eight
thousand dollars ($8,000.00); seconded by Councilmember Oliver.
Attorney Cook advised there will be the standard Real Estate Contract and there will
be some closing costs of approximately two hundred dollars ($200.00) to the City so we
will not net the full eight thousand dollars ($8,000.00).
Councilmember Watford asked that the record show that this is a unique situation and
that because of the small size of the lot (47.5' x 142.5'), it is of no useful value except
to the adjoining property owner.
KIRK
X
CHANDLER
X
O'CONNOR
X
OLIVER
X
WATFORD
X
MOTION CARRIED.
7. Review the Private Property Rights Protection Act - City
City Attorney John Cook explained to Council that, the legislature, in the waning hours
Attorney
of this last session, approved the Burt J. Harris, Jr., Private Property Rights Protection
Act which will become effective October 1, 1995. He advised that he has not read the
whole decision yet but the Supreme Court has now stated that municipalities cannot
prohibit group homes for drug addicts, recovering alcoholics, (and such), from going into
single family residential neighborhoods.
MAY 16, 1995 - REGULAR MEETING - PAGE 7 OF 14
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F. NEW BUSINESS
7. Review the Private Property Rights Protection Act continued:
Soon the one hand we have the Growth Management Act of the State of Florida, the
Comprehensive Plans, where we are supposed to plan all these things, and now the
supreme court comes out and says that you may have to put group homes in RSF
neighborhoods. But that's the trend. Protecting Private Property Rights. Also there are
a large number of decisions showing this trend.
This Act has two parts:
1). Recognition by the Legislature that some laws, regulations and/or ordinances may
inordinately burden, restrict, or limit private property rights without amounting to a taking
under the state and federal constitution. Taking being for instance if we passed an
ordinance that a certain piece of land could not be used for any purpose, the guy owns
the land and he can't use it, that's a complete taking away of a man's property rights.
This amounts to something less than that.
It doesn't have to be a complete taking, if it unfairly affects the real property. This hasn't
been 'litigated yet of course, but it says that °... when a specific action has inordinately
burdened an existing use of real property or a vested right in the use of real property,
the property owner is entitled to relief, which may include compensation for actual loss
of the fair market value caused by the action of the government".
An example of this being: If you have a landowner in the middle of town that has a
commercial business - the city of Stuart just went through this - the city of Stuart
adjusted their land use to prohibit adult bookstores and adult dancing in certain parts
of the city. In a case like that if you had an existing use like that and you passed an
ordinance that said from this part of town to this part of town in the future there would
not be that type of activity, that landowner could say he suffered a loss of the value of
his property, under this Act.
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MAY REGULAR MEETING - PAGE 8 OF 14 Y 16, 1995 - REGU
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F. NEW BUSINESS
7. Review the Private Property Rights Protection Act continued:
The procedure they have is complicated. When they make a claim within six months we
have to offer to settle the thing. If we can't settle it, it can go to circuit court. Circuit court
decides if the city is being fair, if not, it could be referred to a jury to determine how
much damage the city has to pay. This section could be used quite a bit. In a small
town like Okeechobee it would be fairly limited, but it certainly could create havoc
throughout the state.
Councilm ember O'Connor suggested that the City Attorney get a copy of that Act to the
LDR Citizens Advisory Group so that they are aware of this because they could be
making some changes that this Act may very well affect. And everything that they are
doing could be in vain if this contradicts it.
Attorney Cook agreed and stated further that the application of this statute is going to
be prospective in that it doesn't apply to any law enacted on or before the date of the
adjournment of the 1995 regular session of the legislature. It's not past things. It's future
things. And the LDR's are certainly going to be a future ordinance of the city.
This information needs to be relayed to that LDR Committee, and it needs to be
incorporated into the recommendations they make.
Part 2) of the Act pertains to the Development Order, which includes development
permits; which means zoning permits, subdivision approvals, special exceptions and
variances, or rezonings.
Attorney Cook further advised the Council it does not apply to comp plan amendments,
but to the others it does apply. It has a similar intent in that if the landowner thinks that
he is unreasonably or unfairly burdened in his use of his property by one of these
actions by the city council, they could file a request for mediation and have a "Special
Master" appointed who looks at the situation, takes testimony, and make recommenda-
tions and also make a finding of fact, as to whether the city's actions are fair or not fair.
Then if the landowner doesn't feel the decision of the city or the "Special Master" suits
him, he can also go into circuit court.
571
MAY 16, 1995 - REGULAR MEETING - PAGE 9 OF 14
F. NEW BUSINESS
7. Review the Private Property Rights Protection Act continued: Attorney Cook further advised that the last part of this (Act), is an amendment to FS
163, as it pertains to comp plan amendments that you are all familiar with. Under the
new statute, if someone applies for a comp plan amendment and you deny it, the
landowner or applicant can also request a mediation type or a "Special Master'
III settlement conference.
So bottom line is land use is becoming the hottest topic in courts and also at the
seminars I attend. I am not totally familiar with this Act but it is something you will want
to keep up-to-date on. The FLC Convention every summer has a large part of their
session devoted to land use problems because the law keeps changing every year. So
these are areas we will have to keep abreast of and keep in mind when we start
considering even a simple zoning change.
Councilmember O'Connor asked whether this would have any affect on Code
Enforcement. Attorney Cook advised that it could because Code Enforcement is derived
from a city ordinance.
Attorney Cook explained that if we have a particular code provision that a landowner
thinks unduly burdens his property, in theory they could use these procedures, through
the circuit court right on up through the supreme court. And some do. Both procedures
have a lengthy and complicated settlement and mediation provision that you first go
through.
Councilm ember O'Connor asked that the City Attorney also provide a copy of this (Act)
to the Code Enforcement Board due to the type of work they do because this (Act) may
change it.
Attorney Cook advised he did not think it would have much of an impact there because
the City does have a right to control how we want the City to look to a certain degree.
There was no other discussion or action on the Private Property Rights Protection Act.
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MAY 16, 1995 - REGULAR MEETING - PAGE 10 OF 14
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F. NEW BUSINESS
8. Discuss medians on Highway 441 - Councilmember Watford.
Mayor Kirk opened the discussion of the medians on Highway 441 by recognizing
Councilmember Watford to speak on the matter.
Councilmember Watford informed the Council that at the Zoning Hearing on May 9, the
comment was made that several of the medians "turning cross-overs" on highway 441
south were going to be (permanently) closed. It was noted by the Planning Board that
this was going to be done regardless of what development goes in down there.
Councilmember Watford further informed the Council of his concerns regarding DOT
closing the median crossovers and that it could hurt the businesses along South 441
as it hurt businesses when they closed the two, one at North 2nd Street and one at
South Park Street along Highway 441. He requested that the City Administrator write
letters and make some contacts concerning this important matter.
The City Administrator explained to Council that the problem with the medians is that's
where the problem is. Outside the city limits. And no matter what you do in the city,
what you do in the county has a domino affect. And because you have a development
going in on 441 South, and in conjunction with Wolf Road, DOT took a very close look
at those median strips and determined they did not want that level of service to fail
quicker, because you can make it fail quicker if the intersections are not
designed properly to allow traffic to flow.
i
The City Administrator further explained to Council that when he, Chuck and Larry went
through it from a traffic standpoint and a safety standpoint, leaving that opening on 22nd
Street would have been something that the developer would have wanted. But it would
have created a bigger traffic problem where the Council would have been bombarded
on the other end and they would have been up here asking what are you going to do
to alleviate the traffic problem, then Larry would have wanted more police and so on.
It's a catch 'W" because DOT wants the traffic to flow and on the other hand the
business people want it left open for availability to their business.
MAY 16, 1995 - REGULAR MEETING PAGE 11 OF 14
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F. NEW BUSINESS
8. Discuss medians on Highway 441 continued:
The Administrator advised further that we try to work with DOT closely on this. I think
if they had their °druthers°, they'd put it in their work program and start at the Lake and
do everything. We are trying to do it on a piecemeal basis so that if it is done a little bit
one year and you don't see it for the next couple of years the people get acclimated to
it. They closed the one (median), in front of Shoney's. The hope is to at least to get
them to address the ones that are not curbed and if they leave everything else alone,
I think you would have the best compromise you can get from DOT.
Councilmember Watford stated that whatever we can do to make it the best of a bad
situation, and if our staff feels like some of them (the medians), should be closed or
something, at least try to make it some where there are no existing businesses.
The Administrator informed that when we developed the plan, we developed it with
Chuck who was there and DOT, and the County. DOT did bend on their quarter -mile
rule, and their access openings and things like that. I think we have the best plan short
of telling them to leave it alone, which they are not going to do, that you can get with
them.
Director of Public Works, Chuck Elders informed Council that DOT has it set so that in
the future, every quarter of a mile there will be a main intersection. And what they have
planned at that main intersection there will be a red light. That's in the future. What we
had to do was discuss with them about where the red lights would be and we said if this
is going to happen, then we need a red light at Twenty-first street.
Chuck continued that because traffic is coming in from over by the South Elementary
School, then at Sixth street over by the Old High School, you'll need to put a red light
there also, because a lot of traffic will be coming out there onto 441.
573
574
MAY 16 1995 - REGULAR MEETING - PAGE 12 OF 14
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F. NEW BUSINESS
8. Discuss medians on Highway 441 continued:
Chuck further advised that basically whatever decision they made we had to
compromise to get those and it's that way right on through town. It's that way on the
other side at North Sixth street on North 441. There the traffic comes from Highway 98.
Then the next one (red light), would need to be at Northwest 9th Avenue. It's a give and
take thing and right now they are pushing it, but they are not pushing it hard. In the
future as growth and the traffic demands it they will probably do that. (Close medians
and Install red lights).
Councilmember Watford questioned whether all the medians are going to be closed.
Chuck explained that they are going to be closed to a certain extent.
Administrator Drago explained that it is going to be more of a directional thing where
for example near °Pogey's° you can actually come out of there and diagonally go north
so you can make the U-turn to go south. Those things will be eliminated so it's more
directional where in that particular opening you may have to make a righthand turn go
north and go up to the next opening make the U-turn and come back south again.
There's a couple of median strips where there's going to be left turns only and some
that are full openings and so on.
DOT is charged with the responsibility of moving traffic. They don't want traffic lights,
they don't want, really, development on state roads. They are forced to live with it but
they would prefer to have it open. When Shoney's went in, DOT originally told Shoney's
to close the median at Twelfth (street). And when you looked at the plan that was
supposed to be open and the one on Eleventh (street) was supposed to be closed. So
if they went ahead with that it would have thrown the whole plan out of kilter. We caught
that in time and went back to them and said by the way, now we agreed to the plan
how come you are not sticking by it? And they went back and saw it and they had it flip-
flopped.
MAY 16, 1995 - REGULAR MEETING - PAGE 13 OF 14
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F. NEW BUSINESS
8. Discuss medians on Highway 441 continued:
Chuck continued that you can make a left-hand turn off 441 from the side streets.
Councilmember Watford stated as long as you can do that we are okay. But, Chuck
said you can't come from the side streets and turn to your left. That's fine as long as
you can make those left-hand turns into the business, that's the main thing.
Administrator Drago stated that if DOT were to do the entire plan tomorrow, from start
to finish, the old median strips in the center of town, that have curb, would be disturbed
according to this plan. You wouldn't have as many left hand turns into those side streets
into those businesses as you enjoy now.
The ultimate solution would be to have DOT only touch the ones that are not curbed,
leave everything else alone and then in the center of town you'd have the best of both
worlds. I think we can do that simply because all development occurs from Sun Bank
south. And as long as that continues oddly enough the plan if you look at it, that's
where the median strip really begins is at Sun Bank south so if that's the stopping line
it works out fine and I think DOT may be reluctant to come in and tamper with them if
we go in the center of town and we start doing two or three median strips a year with
a beautification project they may say if the city puts out the money on this beautification
work they'll be a little leery about coming in and start ripping it up.
Councilmember Watford stated to Mayor Kirk that the plan sounds better than he had
anticipated. And it sounds like our city staff has worked out a good compromise with
DOT. The Administrator questioned whether he still wanted the letters written though,
and Councilmember Watford said no letters are needed now, however, if there would
be a way to let the property owners know what this plan is that would be good. Staff
assured Council there are copies of the plan available in the offices of the Public Works
Director and the City Administrator for the public to see.
575
575
F. NEW BUSINESS
8. Discuss medians on Highway 441 continued:
Adjoumment - Mayor Kirk.
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.
A tape recording of this meeting is on file in the City Clerk's Office.
E. Kirk, Mayor
ATTEST:
049
Bonnie S. Thomas,Clerk
MAY 16, 1995 - REGULAR MEETING - PAGE 14 OF 14
The Administrator explained that the Mayor and former Councilmember Walker used to
sit on the Infrastructure Committee for the Economic Council and the EC touted this
plan because they knew it would help with the traffic. So I know they also have a copy
of the plan in their office too. And they wanted to go to the governing bodies and have
them formally adopt this and I think at the time when it was brought to the Council they
turned down adopting it formally but recognized the fact that DOT will do it (the plan)
over time.
With no further comments or items on the agenda, Mayor Kirk adjourned the meeting
at 8:10 p.m.
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Okeechobee City Council
May 16, 1995
Staff Report and Recommendation
Petition 95424-1t, Monica Harden, property owner, Richard A.'
a zoning change from the existing classification of Holding (H)
(RG-2). The property address is 712 N.W. 9th Avenue, and
Okeechobee.
Background
The subject property is located on the southwest corner of N.W,
Avenue. The property address is 712 N.W. 9th Avenue. The prol
north half of block sixty-six in the City of Okeechobee. The ten �
up the subject parcel equal approximately 1.6 acres. The subject
two triplexes and four single-family dwellings.
•
E=I
rVard, applicant. Request
to Residential General-2
Is located in the City of
8th Street and N.W. 9th
--rty consists of the entire
1' x 142.5' lots that make
parcel currently supports
The land to the east includes a number of abandoned dwelling uni surrounded by a chain -
link fence. Land immediately to the south and west is vacant. Immediately to the north is
a 100' railroad right-of-way. Other uses in the vicinity include a i umber of vacant parcels
and residential dwellings. A little further from the subject prope are several industrial
uses.
Property immediately to the east and north is zoned RG-1. Property to the south is zoned
Holding. Property to the west and northwest is zoned Industrial. Other zoning districts in
the area include RG-2, Residential Single Family and Government Use.
As indicated, the current zoning designation for the subject pro erty is Holding. With
respect to the Holding zoning district, City zoning regulations tate that "lands zoned
Holding are intended for rezoning at future dates, by action of the ity or upon application
upon showing of intent to develop in accord with the City Compr hensive plan."
Consistency with Land Development Re lations
The applicant has indicated an intent to remove the single-family 1
with additional multi -family dwellings. The Residential General
allows the development of both multi -family and single family dwel
allows a density of up to 10 units per acre, potentially allowing as
property. Although there are no RG-2 zoning districts adjacent tc
parcel is surrounded on two sides by RG-1 zoning, and on another &
The higher density RG-2 zoning would be compatible with the
81eH Repot and Reoommende ion
Okeeobobee pry Council
redden 94424.R
MW 141995
tomes and replace them
(RG-2) zoning district
ling units. RG-2 zoning
many as 16 units on the
i the subject parcel, the
de by Industrial zoning.
character and existing
•
development in this area, and could act as a catalyst for
redevelopment in this neighborhood.
Consistency with Comprehensive Plan
The subject property is located within the Multi -Family future 1,.
adopted City of Okeechobee Comprehensive Plan. All of the
parcel is located is designated for multi -family development, as
the east. Other future land use classifications in the vicinity inch
to the northwest and further to the south, as well as single fa
facilities. The proposed change in zoning is consistent with the ac
and with the multi -family future land use classification.
Staff Recommendation
The proposed zoning district of Residential General-2 (RG-2) is
comprehensive plan than the current zoning district of Holding
district is consistent with the Multi -Family future land use classic
change in zoning meets the intent of city zoning regulations by
district to a zoning district that is consistent with the comprehens
As there is like zoning and development in the immediate vicini
district is more consistent with the comprehensive plan than the c
as it appears that there will be no adverse impacts to the surroul
change in zoning were approved, staff recommends that the City
for a change in zoning from Holding (H) to Residential Genera
Plannin Board
The Planning Board, on April 25, 1995, ipp1qN ended unani
City Council grant the petition for a change in zoning from
General-2 (RG-2).
William D. Royce
Planning Director
StW Report aad ReooaaaeadalI=
Ok wb*ee at, coaodt
M"16,IM
development and
use classification of the
A in which the subject
1 as the entire block to
additional multi -family
industrial and public
:ed comprehensive plan
more consistent with the
(H). The RG-2 zoning
ication. A request for a
ezoning from a Holding
ve plan.
as the proposed zoning
•ent zoning district, and
ng area if the proposed
TuW grant the request
that the Okeechobee
zg (H) to Residential'
2
•
Okeechobee County Planning
Summary of Meeting
April 25, 1995
The Okeechobee County Planning Board/Board of Adjustments
session on Wednesday, April 26, 1995 at 7:00 p.m. in the Cc
Room, Okeechobee County Courthouse, 304 N.W. Second Stri
Board members present were Chairman Frank Marsocci, Jim
John Smith, Warren Watt, and alternate Mike Long, who v
member for this meeting. Board members absent were Renee
Also in attendance were John Cassels, County Attorney; Bill
Damian Peduto, Planner; and Vikki Aaron, Secretary.
Appeals met in regular
V Commission Meeting
Okeechobee, Florida.
rke, Brenda O'Connor,
designated as a voting
ellief and Keith Pearce.
Vice, Planning Director;
Petition 95-424-R, Monica Harden, property owner; Richard A. V lard, applicant. R uest a zoning change from the existing classiflcation of Holding (H) o Residential General-2
A
(RG-2). The property address is 712 N.W. 9th Avenue, and Is located in the City of
Okeechobee.
Mr. Royce presented the application and described the surrounding properties. Mr. Royce
stated the property consists of the entire north half of block 66 in the City of Okeechobee
and is approximately 1.6 acres in size. The parcel currently supports two (2) triplexes and
four (4) single family dwelling units. The subject parcel is located within the multi -family
future land use classification of the adopted City of Okeechobee Comprehensive Plan and
the proposed zoning district of Residential General-2 (RG-2) woulc be more consistent with
the comprehensive plan than the current zoning district of Holdin (H). Mr. Royce stated
the applicant intends to remove the four (4) single family dwellin units and replace them
with multi -family dwelling units. Mr. Royce recommended t at the Planning Board
recommend to the City Council that the request for a change in z ning from Holding (H)
to Residential General-2 (RG-2) be granted.
Brenda O'Connor made a motion to forward a recommendation for change in zoning from
Holding (H) to Residential General-2 (RG-2) to the City Council for consideration. The
motion was seconded by Mike Long. The motion carried unanim ucly_
st,a Popw ow R«>'m"w0im 3
o�obw City Cm=m
POW= 94 424-R
MW 16.1995
M jx-
7 - . :- ; : '.:
.;el3 SUB:..
NAYS OF PROPERTY OWNER($):
P PROPERTY ADORE**
F R At
Rop 8th. St - reet NW j Okeechobee, Fl-oril".
NAME OF APPLICANT IF OTHER THAN OWNER (must state relatjorpabip).
g,0hMtd_l
It n Note:
at Owner of Attorney at Law, proof of authority must be pfavid" on Fofpw L.g
11H 0 Id E TELEPHONE: P 76 a - § 2-5-1- WORK TELEPHONE:
�A
M-1
DIRECTIONS TO PROPERTY SR 70 West to NW Ninth Avenue,
North
on
to NW-8th Street left on NW Sth Street
WHAT IS CURRENT USE OF PROPERTY?
-Single Family Homom &
DESCRIBE IMPROVEMENTS ON PROPERTY Of none, so state) 2 Tr i
SMRII Singl,
APROXIMATE NUMBER OF ACRES IS PROPERTY PART OF PLATTED
1 -72
F
GUB0IVIBION7 NO
ARE THERE ANY DWELLINGS ON THE PROPERTY. IF $0. STATE NUMBER AND TYPE
(CONVENTIONAL. MOBILE HOMES ETC.)
AND WHETHER THEY ARE OCCUPIED
2- Triplexes And fou g Q in
IS
14 THERE ANY CURRENT On RECENT USE OF THIS PROPERTY THAT WOULD BE AVIOLATION
OF COUNTY ORDINANCE?
IF go. DESCRIBE
NO
HAVE THERE BEEN ANY LAND USE APPLICATIONS CONCERNING ALL OR PART Of I'HI
S PROPERTY IN THE LAST Y EAR.
IF 00. DESCRIBE DATE. NATURE AND APPLICANT'S NAME
NO
19 A SALE SUBJECT TO THIS APPLICATION BEING GRANTED?
NO
18 THE SUBJECT PARCEL YOUR -TOTAL HOLDINGS AT THAT.LOCATION? IF NOT, C)EIICRIB
E THE REMAINING USE OR
04 INTENDED USE YES
7—
BRIEFLY DESCRIBE ADJOINING PROPERTY USE TO THE NORTH
Railr6ad
Track
SOUTH
VACANT LAND EAST N inth Aven�p
tn Nnrth
WEST
NW
CURRENT ZONING CLASS
H PROPOSED ZONING CLA"
C U"REKT Z N' I C 'LASS
R R-G2
WHAT Is YOUR DESIRED PERMITTED USE UNDER THE PROPOSED CLASS?
Multi fami I %p Ifni t_q
H
CURRENT GRANTED. WILL THE NEW ZONE BE CONTIGUOUS WITH A LIKE ZONE
1 !Z
IS SPFCI EXCEPTION
N I
12 A 11 &P I E 11 C I llA . L EXCEPTION NECESSARY FOR YOUR INTENDED USE
? NO VARLkNCE?
NO
iii •_ . .•i•J•
.ii=.
t
s
F
•�jFi.
.;i
DESCRIBE THE SPECIAL EXCEPTION SOUGHT:. NA
PROVIDE SPECIFIC ZONING ORDINANCE CITATI6N j6iiij find ilie�pyew nun+l�r):
ARE THERE OTHER SIMULAR USES IN THE AREA. IF SO DESCRIBE:
NA
WHY WOULD GRANTIHO YOUR REQUEST BE IN THE BEST INTEREST OF THE AREA
IF BUSINESS, BRIEFLY DESCRIBE NATURE INCLUDING NUMBER PF EMPLOYEES,
ACTIVITIES TO SE CONDUCTED OUTSIDE OF A BUILDING:
NA
I
E
A O RESIDENTS?
_
----------------
RS. NOISE GENERATION AND
DESCRIBE VARIANCE SOUGHT:
t
DESCRIBE PHYSICAL CHARACTERISTIC OF PROPERTY THAT MAKES VARIANCE NECESSARY:
010 YOU CAUSE OR CONTRIBUTE TO THE CHARACTERISTICt
NA ,
WHAT IS THE MINIMUM VARIANCE NECESSARY? NA
DESCRIBENO THAT •:_:;: -iii; ;:ii isii• iiiji :;r;:ijiiai
RULI YOU ARE APPEALING: NA
WHO MADE DECISION YOU ARE APPEALING?
NA DATE OF DECISION: NA
EXPLAIN WHY YOU FEEL DECISION It IN ERROR. BE SURE TO LIST ANY ORDINANCE R FERENCES YOU FEEL SUPPORT ,
YOUR POSITION:
+
DESCRIBE ACTION YOU WISH TAKEN: VA r
CITE SPECIFIC ORDINANCE AUTHORITY FOR YOUR REQUEST:
NA
NOTE: AII'ra�u��ts to = Iannlny Board/ Board of Ad1ustmonb MUST haw" County
Itba C ntr
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? 1 . •i•aF .: I F • +t Fs F . s••.•
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.F.t.F �.. . �s:s�?F�.;?•:;?Ft•t+I•:FF�?!#���=F�I�I��:tFFiF;� . tt?i 1=++�: �•' iiif'i=
CONFIRMATIONOF •
u
Authority. +
I hm4 M/F d+•t Ytia k*f m' + ti aPpSorla� b aonaot. llr /o
tnlo7wrn Mjaiaf.d Im t�L
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zs s3-' 1 AR 2 3 1995
DAVID E. GOOLSBY
Realtor
March 22, 1995
OKEECHOBEE COUNTY DEPARTMENT
OF PLANNING AND DEVELOPMENT
495 NW Fifth Avenue
Okeechobee, Florida 34972
RE: Zoning - Lots 1 thru 5 and 11
Block 66, City of Okeechobee e
to the plat thereof as records
Book 5, Page 5, Public Records
Okeechobee County, Florida - F
R3-15-37-35-0010-00660-0010
TO WHOM IT MAY CONCERN:
Please find attached a REZONING
check for the above subject property.
•
Office: (813) 763-5588
Fax: (813) 763-2219
thru 15
ccording
d in Plat
of
ircel No.
plication and
The property is located along NW Ninth Avenue and
NW Eighth Street (next to the railroad track). There are
two triplexes presently on the property and four very small
run down single family homes.
The owner Mrs. Harden plans to r move the four
small homes and replace them with Multi-Fami y Units. The
people living in the small homes will be offered residency
in the Multi -Family Units. The constructi n of the new
units would help provide very needed housing or this area.
The proposed zoning is compatiable with the Comprehensive
Plan.
The list of proPe r
submitted by March 27, 1995 Please call sho lded will be
discuss. you wish to
RAW: k1
RECEIVED Sincerely,
Riche d A. Ware
REALTOR
4251 Highway 441 South Okeechobee, Florida 34 74
SW
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CITY OF OKEECH06EE
TO: John Drago
THRU:
FROM: Bernice Elders
MEMORANDUM
DATE:
SUBJ
Please place on the May 16, 1995, City Council Agenda,
,Terry O•Bannon to be the Sth. member of the General ru
elected by the other four members.
Pension Board
E-�
or approval of Mr.
Pension Board. He was
0
SCOTT R. CHRISTIANSEN
H. LEE DEHNER
• LAW OFFICL5
CHRISTIANSEN & DEIiNER, P.A.
2975 13EE RIDGE ROAD
SUITE C
SARASOTA, FLORIDA 34239
April 6, 1995
Mr. John J. Drago, City Administrator
City of Okeechobee
55 Southeast Turd Avenue
Okeechobee, Florida 34974
Re: City of Okeechobee General Employees' Pension P
Dear Mr. Drago:
As you know, our Finn represents the Board of Trustees of y
Pension Plan. It is our understanding that the City Council has
amount of money in the current budget for the General Employ
recoglvtion of this fact, the Board of Trustees has had an actuarial st1
improvements to the General Employees' Pension Plan to utilize d
enclose a co of the actuarial study, dated March 24, 1995, fron
Ling, Inc., die Board's actuary. This study sets forth seven possib;
to the pension plan, with the increased cost to the City indicated f<
can see, several of the options contemplate an increased contributie
The Board of Trustees has asked that I present this matter tc
meeting on May 2, 1995. Should you feel that you and I and any oth
should meet prior to the presentation of this matter to the City COL
to do so. Jim Threewits, a member of die General Employees' Per
to attend any such meeting as well. Please contact me immediately
that we can schedule our meeting prior to May 2.
If, on the other hand, you feel that this decision is one
directly with the City Council, I would appreciate this item being i
May 2 meeting agenda of the City Council.
Your prompt attention to this matter would be a
Your�Aery tp ly,
-e r ���,
Scott R. Christiansen
SRC/msb
Enclosure
cc: Ms. Bernice Elders
TELEPHONE
(813) 922-0200
TELECOPIER
(813)923.5683
our General Employees'
budgeted an additional
;cs' Pension Plan. In
dy prepared to consider
:sc additional funds. I
Kruse, O'Connor and
benefit improvements
r each option. As you
I from the employees.
the City Council at its
:r member of your staff
wil, I would be happy
;ion Board, would like
if you wish to meet so
should be discussed
Iiately placed on the
LJ
CRUSE O' •
CONNO13 ANO LING tm,.
March 24, 1995
Ms. Bernice Eiders
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, FL 33472
Re: Actuarial Studies for General Employees;Redrement System
Dear Ms. Elders:
We have completed the studies you requested. The results are:
10/1/94 Valuation
Item A:
• normal retirement at 25 years of
service regardless of age, and
• early retirement at age 55 with
10 years of service, and
• Increase retirement benefit rate to
1.95% for actives only, and
• Increase member contribution to 6%
Item B:
• normal retirement at 25 years of
Service regardless of age, and
• "early retirement at age 55 with
10 years of service, and
• increase retirement benefit rate to
1.85% for actives only, and
• increase member contribution to 69ye
Item C:
• normal retirement at 25 years of
service regardless of age, and
• early retirement at age 55 with
10 years of service, and
• Increase retirement benefit rate to
1.90% for actives only, and
• increase member contribution to 6%
required city
Contrlbution
$11,624
1.1196
138,571
3.70%
26,148
2.51%
32,360
3.10%
FORT LAUDEROALC OFFICE
NEST 9ROWARD PROrt SSIONAL
7320 ORVrIN ROAD. SUIT[ 200
rOgT LAUbtROALE. FLORIDA,»14
rCL. (305) 791•5see
'AX (305) 701•a20a
IORTH/CENTRAL FLORIDA OFrIC
DI SOUTHEAST 7CCOND PLACE. SUIT!
AINESVILLE. FLORIDA JQe01
EL. (SOe) 375•3eoo
AX (004) 330•I3I3
Y TO r011T LAUDERDALE
26,947
2. 9%
11
1
20, 7
1.9,
24
•
•
Ms. Bernice Elders
Page 2
March 24, 1995
Item D:
• early retirement age 55 with
10 years of servlce, and
• increase retirement benefit rate to
1.95% for actives only
Item E:
• early retirement age 55 with
10 years of service, and
• increase retirement benefit rate to
1.85% for actives only
Item F:
• early retirement age 55 with
10 years of service, and
• increase retirement benefit rate to
1.90% for actives only
Item G:
• early retirement age 55 with
10 years of service, and
• increase retirement benefit rate to
1.9t�% for actives only
• increase member contribution to 6%
required City
coratribut on
$33,868
3.25%
23,020
2.21 %
28,444
2.73%
24,561
2.35%
$2 ,244
.14%
1 ,396
110%
1 t�,820
1.62%
1,937
1 24%
Items D and G are the same except for the 67o member contribution in itefn G. You will notice that
adding 101b to the member contribution brought the City contribution down by 0.9%. This relationship
should be much the same for the other items If the 1°b addtional member contribution is
added/deleted.
Pleaso contact us if one of these changes is going to the City for approval.so
statement.
Sincerely,
''..L u
Theora P. Braccialarghe, FSA
Vice President
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TO:
THRU:
THRU:
FROM:
CITY OF OKEECH BEE
MEMORANDU
Mayor and Council
DATE: May 9, 1995
SUBJECT: Auditing Contract
John Drago, City Administrator
The current contract for auditing services expires September 0 19
Utility Authority will begin operation on October 1, 1995, it woul be 95. Because the
the current auditor complete the 94/95 audit. The main reason f r this
is the fact that the current auditor has all the knowledgebenefit the City to have
can complete the audit and close the .books of bo financial systeemns recommendation
a new auditor. on Public Utilities nicker than bringing in
I spoke with Mr�Gilbe � �
and he agreed to perform the 94 ud
95
and conditions of his present contract, which is $14,500 per Yeaye under the same terms
a .
Ea4
TO:
THRU:
THRU:
FROM:
CITY OF OKEECHOBEE
MEMORANDUM
Mayor and Council
DATE:
SUBJECT. -
John Drago, City
May 9, 1995
Animal Control
E-5
On September 30, 1995, the current Animal Control contract will expire.
know the Council's wishes as to what direction they Prefer to to e. P e• I would like to
1 • Renew the current contract;
2. Bring part or all of the activities in house; or
3. Obtain a new service provider.
This is being placed on the Agenda for your direction.
0
JJD: nb
i� KEG •
;�.....-- OF OKEECHICITY
MEMORANDUM
TO: Mayor and Council DATE:
SUBJECT. -
FROM: John Drago, City Administrato
•
BEE
12, 1995
OF LOT
Recently, the City acquired a lot on the comer of S.E. 5th Street and S.E.
Avenue. This acquisition was a result of a donation in which t e owner the
Property to the City. Because of the location of the property to th Pennysaver, an the
fact that the Pennysaver currently maintains the lot, the City asked r, p�ye the
like to purchase the lot. He indicated that he would purchase lot from '
Owens if he would
$8,�• m the City for
I spoke to Mr. Charles Allen Robertson (local appralser) to ascertain If the
figure was fair. He Indicated yes because of the location, having no street
,�
the limited use that the lot afforded a building owner. He said a similar 31ze lot I, ahe
N.W. section of town sold for $8,5oo. a lot in the
I recommend the City approve the sale of this lot to Mr. J.
JJD: nb
Attachment
� Owens for $8,000.
E-6
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CITY OF OKEECHOBEE
MEMORANDU
TO: Mayor, Council and DATE:
City Attorney
SUBJECT:
FROM: Nina Borenstei
Executive Secrete
May 16, 1995
Utill Authority Workshop
Please take note that the Utility Authority meeting scheduled
p.m. has been changed from the HRS building to the Okeechol
98 North.
Thank you.
:nb
)r May 24, 1995 at 6:00
le Civic Center, Highway
71