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2003-02-04 RegularCITY OF OKEECHOBEE FEBRUARY 4,2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION 'PAGE I OF 13 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 1. CALL TO ORDER - Mayor: February 4, 2003, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation; Pledge of Allegiance led by Mayor Kirk. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Garniotea Deputy Clerk Adriana Berry IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of February 16 - 22, 2003 as "National Engineers Week". Mayor Kirk called the February 4, 2003 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Council Member Watford; Mayor Kirk led the pledge of allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Mayor Kirk read the following Proclamation for National Engineers Week: "WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and WHEREAS, engineers face the major technological challenge of our time from rebuilding towns devastated by natural disasters to designing an information superhighway thatwill speed ourcountry into this new century; and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future; NOW THEREFORE, I James E. Kirk, by the virtue of the authority vested in me as Mayor for the City of Okeechobee, Florida, do hereby proclaim February 16 through 22, 2003, as NATIONAL ENGINEERS WEEK in the City of Okeechobee." No one was present to receive the proclamation, it will be forwarded to the appropriate party. 473 474 FEBRuARY 4,2003 - REGuLAR MEETING - PAGE 2 OF 13 V. MINUTES - Cfty Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 21, 2003 Regular Meeting. V1. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A. 1. a) Motion to read by title only proposed Ordinance No. 812 revising the effective date of Ordinance No. 780 - City Attorney (Exhibft 1) b) Vote on motion to read by title only. COUNCIL ACTION -DISCUSSION -VOTE Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the January 21, 2003 Regular Meeting as amended; seconded by Council Member Williams. VOTE, KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTM CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. Administrator Veach stated that Item H on the agenda was brought before the Council by the City Clerk not the Administrator, MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M. Council Member Watford moved to read by title only proposed Ordinance No. 812 revising the effective date of Ordinance No. 780; seconded by Council Member Markham. VOTE KIRK - YEA CHAMDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. FEBRUARY 4,2003 - REGULAR MEETING - PAGE 3 OF 13 475 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 812 by title only. Attorney Cook read proposed Ordinance No. 812 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING ORDINANCE NO. 780WHICH ABANDONS THE ALLEYWAYS IN BLOCKS 125 AND 138, CITY OF OKEECHOBEE AND A PORTION OF NORTHWEST THIRD STREET AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; PROVIDING -FOR AN I AMENDED EFFECTIVE DATE THEREOF." 2. a) Motion to adopt Ordinance No. 812 by title only. 111 Council Member Markham moved to adopt proposed Ordinance No. 812; seconded by Council Member Chandler. b) Public Comments Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council Member Watford noted the letter distributed by the Clerk's Office, from the Board of County Commissioners. The letter explains that the reassignment of easements to the various utility companies would not be necessary and that existing right of way easements will be used. He questioned whether the letter was sufficient since the street and alley closing application has specific comments and requests for the easements from each utility company. Attorney Cook stated the letter from the County was sufficient for this purpose. c) Vote on motion. Mr. Watford also commented that if this ordinance is passed tonight, beginning February 5, 2003, that portion of V Street (between 3' and 4 1h Avenues) could be closed off to the public. The date of the street being officially closed is not known at this time. VOTE KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. 1. a) Motion to read by title only proposed Ordinance No. 813 regarding Council Member Watford moved to read by title only proposed Ordinance No. 813 regarding Future Land Use Map Future Land Use Map Amendment No. 03-001-SSA submitted by Amendment No. 03-001-SSA submitted by Okeechobee County; seconded by Council Member Williams. Okeechobee County (Land Planning Agency recommends approval) - City Planning Consultant (Exhibit 2). 476 FEsp.uARY 4,2003 - REouLAR MEETW - PAGE 4 OF 13 -DISCUSSION -VOTE VH. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED B. 1. b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARMAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 813 by title only. Attorney Cook read proposed Ordinance No. 813 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 ASAMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2..a) Motion to adopt Ordinance No. 813. Council Member Markham moved to adopt proposed Ordinance No. 813; seconded by Council Member Watford b) Public Comments. This Ordinance pertains to Future Land Use Map Amendment Application No. 03-001-SSA submitted by Okeechobee County Board of County Commissioners. The request is to amend the land use designation from Multi -Family, and Commercial, to Public Facilities. The property is located at Lots 1-6, 10-12, of Block 125, Okeechobee Subdivision. Planning Staff Report reflects that the applicant' s request is consistent with the requested Land Use Categories, and the expansion of the courthouse use should be an asset to the area, but the closure of Northwest 3dStreet will eliminate through traffic and create additional turning movements and traffic conflicts. Little off-street parking is also proposed, creating additional traffic conflicts that can result from increased street parking. The County proposes only thirt-three off-street parking spaces and three hundred forty-one on -street spaces. The County has not adequately addressed these potential problems here, but will have to do so prior to any development taking place. Objective 8 and Policy 8.1 of the City's Comprehensive Plan require that the City". . . coordinate development with the provision of adequate motorized and non -motorized transportation facilities" and that the City should monitor development". . . to ensure that needed transportation facilities are provided by developers or appropriate government agencies prior to or concurrent with development." Therefore, City Staff will require that these impacts be addressed prior to Final Site Plan Approval. FEBRUARY 4,2003 - REGULAR MEETING - PAGE 5 OF 13 477 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vil. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED B. 2. b) Public Comments continued, c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Vill. NEW BUSINESS. The proposed use is deemed compatible with adjacent and nearby land uses due to the nature and characteristics of the intended use. The Land Planning Agency met and discussed the application on January 28, 2003 and voted to recommend to the City Council that the application be approved. Mayor Kirk asked whether there were any comments or questions from the public. There were none. Council Member Watford asked City Planning Consultant Don Murry if the parking was addressed adequately. Mr. Murray stated that LaRue Planning was looking out for the City's best interest, and that would be discussed by the Technical Review Committee this month. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:14 P.M. A. 1. a) Motion to read by title only and set February 18, 2003 as a public Council Member Watford moved to read by title only and set February 18, 2003 as a public hearing date for proposed hearing date for proposed Ordinance No. 814 regarding Rezoning Ordinance No. 814 regarding Rezoning Application No. 03-001-R submitted by Okeechobee County; seconded by Application No. 03-001-R submitted by Okeechobee County - City Council Member Markham. Planning Consultant (Exhibit 3). 478 FEBRuARY 4,2003 - REGuLAR MEErING - PAGE 6 OF 13 I AGENDA 11 COUNCIL ACTION -DISCUSSION -VOTE I Vill. NEW BUSINESS CONTINUED. A. i. b) Vote on motion to read by title only and set public hearing date. - , , , , VOTE.. KiRx - YEA CHANDLZR - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS-YEA I MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 814 by title only. Attorney Cook read proposed Ordinance No. 814 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL AND OFFICE (CPO)ZONING DISTRICT TO PUBLIC (PUB)ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of Ordinance No. 814. Council Member Markham moved to approve the first reading of proposed Ordinance No. 814.; seconded by Council I Member Chandler. b) Discussion. This request, if approved, will allow Okeechobee County to construct a new courthouse facility to augment the existing, historically significant building located to the south of the subject site. The existing courthouse will be renovated and likely will continue to provide some court functions and perhaps will house other county government offices. The proposed site plan shows that the County also proposes to cAose Northwest Third street between the two city blocks on which the proposed and the existing courthouse is located, and will increase the amountof on -street parking around the facilities. City Planning Consultant Don Murray stated that this Ordinance was the companion to the Future Land Use Map Amendment No. 01-001-SSA. Council Member Watford asked Mr. Murray if the parking was addressed adequately. Mr. Murray stated that LaRue Planning was looking out for the City's best interest, and that would be discussed by the Technical Review Committee this month. Council Member Williams inquired about the Special Exception which was approved on January 28, 2003 by the Board of Adjustments. The Special Exception will allow for the judicial complex to exceed the height requirement. Fire Chief Tomey stated that the new Court House would have a sprinkler system in it. Therefore the excess height of 45 feet would not be a problem. E I FEBRUARY 4,2003 - REWLAR MEETIW - PAGE 7 OF 13 479 Vill. NEW BUSINESS CONTINUED c) Vote on motion. VOTE Km -YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED B.I.a) Motion to read by title only and set February 18, 2003 as a public Council Member Watford moved to read by title only and set February 18, 2003 as a public hearing date for proposed hearing date for proposed Ordinance No. 815 amending Sections Ordinance No. 815 amending Sections 452, 454 and 474 of the Land Development Regulations (LDR's) pertaining 452, 454 and 474 of the Land Development Regulations (LDR's) to modification of parking and loading space requirements; seconded by Council Member Markham. pertaining to modification of parking and loading space requirements - City Attorney (Exhibit 4). 1 b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA I MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 815 by title only. Attorney Cook read proposed Ordinance No. 815 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, AND SECTIONS 452 MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS, SECTION 454 REDUCTION OF PARKING SPACE REQUIREMENTS IN COMMERCIAL DISTRICTS AND 474 OFF-STREET PARKING SPACE REGULATIONS INSTITUTIONAL USES; PROVIDING FOR INCLUSION OF PUBLIC USE REGULATIONS; PROVIDING FOR OFF-STREET VARIANCES; PROVIDING FOR AN EFFECTIVE DATE." 2-- a) Motion to approve the first reading of Ordinance No. 815. Council Member Markham moved to approve the first reading of proposed Ordinance No. 815; seconded by Council I Member Chandler. b) Discussion. Attorney Cook stated that this Ordinance would accomplish three things: 1. Raise square feet, 2. Net floor area, and 1 3. Reduction of fifty percent in Public Use. Council Member Watford voiced concerns for amending Sections four hundred fifty-two, four hundred fifty-four, and section four hundred seventy-four of the Land Development Regulations. n FEBRUARY 4,2003 - REGULAR MEETING - PAGE 8 OF 13 AGENDA Vill. NEW BUSINESS b) Discussion continued. c) Vote on motion. COUNCIL ACTION - DISCUSSION - VOTE Don Murray City Planning Consultant, stated they were working with the County and there are options regarding parking. Council Member Markham stated that closing 3rd street would loose parking spaces. Mr. Murray stated that they had addressed that issue and the parking spaces lost on that street would have to be made up somewhere else. Administrator Veach stated that the Technical Review Committee was looking at the numbers they loose by closing Northwest Third Street. Administrator Veach also stated that they could not get the numbers they would need to come up with until they knew what they had to work with. County Commissioner David Hazellief addressed the Council by giving examples of recent projects that had parking issues and how they were resolved. He stated that Golden Corral and the new Police Station also had parking conflicts, and everything had worked out. He stated that the County would strive to do their best with parking, and that they would be willing to add curb and gutter, and angle parking. The Court House will be a good addition to the City. Mayor Kirk stated that they need to stay on top and keep on working with the County on this situation. He suggested to the Council that they act out on this Ordinance tonight and do more research on it before it came back to the Council on February 18, 2003. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - NAY WILLIAMS - YEA MOTION CARRIED C. 1. a) Motion to read by title only and set February 18, 2003 as a public Council Member Watford moved to read by title only and set February 18, 2003 as a public hearing date for proposed hearing date for proposed Ordinance No. 816 amending Sections Ordinance No. 816 amending Sections 395, 754, 758 and 759 of the Land Development Regulations (LDR's) 395, 754, 758 and 759 of the Land Development Regulations pertaining to transfer, extension or repair of non -conforming structures; seconded by Council Member Markham. (LDR's) pertaining to transfer, extension or repair of non -conforming structures - City Attorney (Exhibit 5). VOTE b) Vote on motion to read by title only and set public hearing date. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED I J FEBRUARY 4,2003 - REGULAR MEETING - PAGE 9 OF 13 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 Vill. NEW BUSINESS CONTINUED. C. 1. c) City Attorney to read proposed Ordinance No, 816 by title only 2.. a) Motion to approve the first reading of Ordinance No, 816. b) Discussion. Attorney Cook read proposed Ordinance No. 816 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 395 CENTRAL BUSINESS ZONING DISTRICT ADDITIONAL REGULATIONS, 754 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE, 758 EXTENSION OF NONCONFORMING STRUCTURE, 759 REPAIR OF NONCONFORMING STRUCTURE OR USE; PROVIDING FOR EXTENSIONS OF NONCONFORMING STRUCTURES IN CERTAIN INSTANCES; PROVIDING FOR REPAIR OF NON -CONFORMING STRUCTURES; PROVIDING FORSEVERABILITY; PROVIDING FORAN EFFECTIVE DATE" Council Member Markham moved to approve the first reading of proposed Ordinance No. 816; seconded by Council Member Chandler. Council Member Watford stated that this Ordinance would deal mostly in the Central Business Zoning District. He stated that if for example a building wanted to enlarge, or improve they would have to go before the Technical Review Committee and the Board of Adjustments to change or transfer a nonconforming structure or use D. Motion to adopt Resolution No. 03-02 authorizing the Lease- Council Member Chandler moved to adopt proposed Resolution No. 03-02 authorizing the Lease -Finance Agreement Finance Agreement for the Police Cars Program - City Attorney/City for the Police Cars Program; seconded by Council Member Markham. Administrator (Exhibit 6). 1 City Attorney read proposed Resolution No. 03-02 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE LEASE -FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OF A MASTER LEASE -PURCHASE AGREEMENT WITH KISLAK NATIONAL BANK, SUCCESSOR IN INTEREST TO THE SKYLAKE STATE BANK; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.." Council Member Watford stated that he would have to abstain from voting due to the fact that he is employed by the company who was awarded the police car bid FEBRUARY 4, 2003 - REGULAR MEETING - PAGE 10 OF 13 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 Vill. NEW BUSINESS CONTINUED. D. Motion to adopt Resolution No. 03-02 authorizing the Lease - Finance Agreement for the Police Cars Program continued, VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - ABSTAIN (FORM 813 MEMORANDUM OF VOTING CONFLICT IS ON FILE IN THE CLERKS OFFICE) WILLIAMS - YEA MOTION CARRIED E. Discuss Alley Closing Application No. 67 submitted by Okeechobee Okeechobee Too, Ltd. is requesting the closing of the alley to facilitate a safe and amenable community for the elderly Too, Ltd. - City Clerk (Exhibit 7). and handicapped population we plan to serve. The existing first phase of development and eight of the new units. An alley cross the remaining forty-two new units. Alternative site planning would permit additional green space, further beautifying the community. By closing the alley, the safety of the residents is furthered and security is improved. III There was a brief discussion between the Council and Staff. Council Member Watford moved to instruct the City Attorney to draft up a Ordinance closing the East to West alley in Block 20, City of Okeechobee as requested in Application No. 67; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED F. Discussion regarding an upcoming fund raiser and postage Council Member Watford adressed the Council explaining that Okeechobee Main Street, inc. has reorganized and is assistance for the Mainstreet Organization - Dowling Watford. coordinating a fundraiser during Speckled Perch Festival. There will be a National barbeque contest with. Initially alcohol sales was proposed however that has since been withdrawn due to major concerns. The location is located at Block 164, lots 4 & 5, 7-12 inclusive City of Okeechobee which includes the alleyway and a twenty-five foot easement on the west side of the property. The temporary use permit has been applied for and the fee has been waived administratively due to their non-profit status.Council Member Watford further explained that the insurance policy needs to reflect both the City and property owner as the insured. Council Member Watford moved to grant the use of the alley in block 164 and the west twenty-five foot easement for the fund-raising event to Okeechobee Main Street; seconded by Council Member Markham. FEeRuARY 4,2003 - REGuLAR MEETINo - PAoE I I OF 13 483 Vill NEW BUSINESS CONTINUED. F. Discussion regarding an upcoming fund raiser and postage assistance for the Main Street Organization continued. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED Council Member Watford explained that Okeechobee Main Street Inc. is also requesting assistance from the City with postage. From time to time mail outs are necessary and since Okeechobee Main Street benefits the City we would ask that they allocate some monies to help with the cost of postage. Mr. Gumey(Okeechobee Main Street President) indicated that the cost of the postage would not be outrageous and should be no more than one hundred pieces of mad a month. He noted that they would not be sending out mass mailings. Council Member Watford moved to approve Okeechobee Main Street one hundred dollars ($100.00) per month postage to Okeechobee Main Street for one year who will bring their mail to City Hall to use their postage meter; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED G. Discussion pertaining to a request to temporarily change Northwest Fire Chief Tomey addressed the Council requesting that Northwest 3rd Avenue be made one-way on February 7,2003 Third Avenue to a one-way avenue on February 7, 2003 for a due to the overwhelming success of the Barbeque for the benefit of Adam Bryant. This would alleviate traffic benefit for Adam Bryant - Keith Tomey. congestion of the surrounding streets during pick-up of the meals. Police Chief Davis stated that he did not have a problem with the request. Council Member Watford moved to approve that Northwest 3rd Avenue to be made a temporary one-way street, on February 7, 2003; seconded by Council Member Williams. 484 FEBRuARY 4,2003 - REGuLAR MEEM - PAGE 12 OF 13 V11. NEW BUSINESS CONTINUED. G. Discussion pertaining to a request to temporarily change Northwest Thkd Avenue to a one way avenue on February 7, 2003 for a benefit for Adam Bryant continued. H. Motion to appointthe following employees to the 2003 Grievance Committee - City Administrator Administration/General Services/Finance/ Clerk's Office - Addana Berry, Regular Member, Robin Brock, Alternate Member Public Works Department - Cleveland Lamb, Regular Member, Floyd Selph, Alternate Member Police Department - Donald Hagan, Regular Member, Bill Saum, Alternate Member Fire Department - Jeff Baugh, Regular Member, Glen Hodges, Alternate Member Motion to appoint one Regular Member and one Alternate Member to the Okeechobee Utility Authority (OUA) Board - City Administrator (Exhibit 8). COUNOILACTM-DISCUSSMI-VOTIE VOTE KIRK - YEA C14AMDLR - YEA MAIRKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED Council Member Watford moved to appoint the following employees to the 2003 Grievance Committee; Administration/General Services/Finance/ Clerk's Office - Adriana Berry, Regular Member, Robin Brock, Alternate Member; Public Works Department - Cleveland Lamb, Regular Member, Floyd Selph, Alternate Member Police. Department - Donald Hagan, Regular Member, Bill Saum, Alternate MemberFire Department - Jeff Baugh, Regular Member, Glen Hodges, Alternate Member; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILUAMS - YEA MOTION CARRIED Council Member Watford thanked the City's employees for being willing to serve. Council Member Watford moved to appoint Steve Nelson as the Regular Member and Bob Oliver tot eh Okeechobee Utility Authority (OUA) Board; seconded by Council Member Markham. Mayor Kirk asked whether there were any other names to be considered Council Member Chandler commented that Bob Oliver would be a fine candidate, he also suggested Mr. Norman Hawk. I E FEBRUARY 4,2003 - REGULAR MEETING - PAGE 13 OF 13 485 AGENDA VIII NEW BUSINESS CONTINUED. 1. Motion to appoint one Regular Member and one Alternate Member I to the Okeechobee Utility Authority (OUA) Board continued. I J. Motion to appoint one Regular Member to the Local Mitigation Strategy (LMS) Working Group continued. IX ADJOURN MEETING - Mayor. 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. ��ycATTEST: James E. irk, Mayor La6e Gamio City Clerk COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED Council Member Watford moved to appoint Council Member Markham as the Regular Member to the Local Mitigation Strategy (LMS) Working Group; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:41 p.m. a 0 PAGE -I- CITY OF *KEECHOBEE - February 4,2003 - REGULAR CITY COUNCIL MEETING I HANDwRri-TEN fmwns .-�--�.---LXALLTO-ORDER-...-mgor; L-rd-, Febpdw 4. 2W3. GiN Gouncy! Reaular Wolin 6.0m 0.1-1 L, 11. OPENING CEREMONIES: Invocation offered by4leaW Osvu�c� 1*41 Pledoe of Alleoiance led by Mayor. Miklow COI INCII AND STAFF ATTENnAup ----E -City Clat- Absent Pr" mayorian I --- --- -- 'Council Member Noel A. Chandler V Council Member L6w­iY1Wa-i&*h— Council Member Dowlinq R. Watford, Jr. Council Member Clayton Williams rney John City Administrator Bill L. Veach Lane Deputy Clerk Adriana Berry IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. h_toj CyLT j:t-& ------ .2212003WNadonal Fnglnem Weer -tUl-idA 'WHEREAS, engineers have u;ed their sdentMc and technical knowledge and skills in and Innwa&e ways to fulffi social ty, -s n.eeds; and WHEREW engineers face the loafor technological challenge of our time from rebuilding towns devastated by natural .1i twl A dviw4juli Is"Invilwdy %bat vAll sima our country into s new century; and WHEREAS, engineers are encouraging our young math and science practical pow or of their knowledge; and WHEREAS� we wiff lo�k ffian ever to on eers and their knQWkft a kins to meet ft CA SI nd --- OfAhGL'—.- NOW THEREFORE, I James E. Kirk, by the- v1I of the authority vested in me as Mayo� Jlhez" Okeechobee, Florida, do heirsby proclaim Feb.n-n--,, 16 tthrmo h ;NATIONAL ENGINEERS WEEK in the City of Okeechobee. - ----- --- ---- ---- --- A. O'Duncil Member W moved to dispense with the readinq-An4 a thq$umcna -ifdf n- -for the Januairy 21, 200i Regular Meeting; seconded by Council Member --- ---- bDu --pprqKq-_ VOTE YU MAY ABSTAIN ANENT KIRK ko CHAND1.911 MARKHAM PA —A. J- ri ---WA—MW- L/ WILLIAMS V- MoTtm A. Requests for the addition, deferral or withdrawal of items on todays agenda. PAGE -2- VII. OPEN PUBLIC HEARINGFOR ORDINANCE ADOPTION - MW. 60��Om. A.1-.a Council Member DW moved to read by tide only proposed Ordinance No. 812 revising the effeefive date Of nance Nn- 7RO - Gb Atlomey (Exhibit 1); seconded by Goi incil-Member b. Vote on motion tD read by ft only. VOTE YEA NAY ABSTAJN ABSENT IURK CHANDLER MARKHAM iu�n I WILLIAMS 'BENED C. City Anorney reaa proposea-uranance r4o. n z t)y we oniy as toHows uAN OFUNANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 780 WHICH ABANDONS THE ALLEYWAYS IN BLOCKS 125 AND 138, CITY OF OKEECHOBEE AND A POR71ON OF NORTHWEST T+1RD STREET AS RECORDED IN PLAT BM 5. PAGE 5, PUBLIC RECORDS� OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN AMENDED EFFECTIVE DATE M4ERr-n9 10) CuuiJkla� .. bui I I muveu w a0upt vrCH"ance M. 0 1 Z) Sewn0eu Dy WW tUi ivitzmber )LOW YEA NAY ABRAIN /AB T 'P 1'r14A 1111 F4� 1ION KRIED L)t:Nlt: b. Public Comments. -b . JAA" O'k, 0,0�ca f dat 1 0 OA-4 PAO U t CJ-Gd 0 -bffaA- U Ly C. Vote on mobon. mm YFA NAY ABSTAIN ABSENT K1RK CHANDLER MARKHAM WATFORD MLLIAMS PAGE -3- B.1 Council Member moved to read by tide only proposed Ordnance No. 813 reWding Future Land Use Map Amendment No. 03-001-4SA subrniW by Okeechobee County (Land NV_ mmn=nds appmvol) - Cb Plann*ng Consultant (Exhfl* 2)- secDndedJiY anning Age Council Member OA.>J # b Vote on motion to read by title only. kin F VOTE YEA MAY ABSTAIN ASSENT PF CHANDLER A—, MiAR101W WATFORD MOTION AR DENIED C. - City-A[6aey itwAlpiupused Gidwidwm 1w. V3 uyuueoniy -A as mnows & w&wtJNCE OF I HE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP: PROVIDING FOR INCLUSION OF ORDINANCE-AND-REWSED LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2A Counjil M ember LIY) moved to adopt Ordinance No. 813; seconded by Council Member b. Pubitc comrWnt. &C-A&L u� C. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KJRK MARKHAM WATFORD MWA*4 MOTIOi� �RIED DENIED CLOSE PUBLIC HEARING -Mayor_ 0 PAGE-4------ - Vill. EW BUSINESS. AA.a) CGUAGil Membe- moved to read by tide only and'set February 18, 2003 as a pul-u hearing date for proposed Ordinance No. 814 regarding Rezoning Application No. 03-001 - Rk" 'iubmit6db -Cfty-P6tfj1qjCU1WL-d11L%' KRUM4, I I wwt muty Councti Member LYN"\ b. Vote on motion to read by tile only and set public hearing date VOTE YEA NAY ABSTAIN ASSENT KKa CHANDLAR WILUAMS MOTIONAeARMEEL DENIED PUA C. Citv AftpmetmjMr=� Med Ordinance No. 814 by He only as follows "AN ORDINANCIF OF THE CITY OF OKEECHOBEE� FLORIDA AMENDING -THE OFFICIAL ZONING MAP OF '!t*r-;:CH0Rrmv BY R=7f%UING A CRRTPJN TRACT OF I AND MORE PAR:RCULAR-LY DESCRIBED HEREIN, FROM COMMERCIAL PROFEWONAL AND OFFICE (CPO) ZONING WitieT To Pusye(PUB) ZONING DISTRIM, AMENDING THE ZONING-1W ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2-a Council Member moved W awrove the first readinq of Ordinance No. 814'.: seconded by Council Meftftr b. 'Discussion. q� FLU ah SQ It OW o fA c�v k7 Ao ni) 6,v UC Vnfp on n- MOTF VJRK YEA NAY ABSTAIN AR-SM CHAN!"It WATF0$0 V41LUAMS �V' 0 - 0 .____PAGE4- - - -------- - B.1.a) Council Member moved tD read by tide only and set February 18, 2003 as a public tearing date for proposed Ordinance No. 815 amending Seclions 452, 454 and 474 of the Land DAyelooment Raqulafions (I DR's) pertaining W modificaton of parldng and loading sp requireinents - CRY ftn4y (Exhibit 4); seconded by Council Member b. Vote on rnoton tD read by We only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT CHANDLER WATFORD L/ MOTION ARRIED DENIED 6 ---L* Awmey read proposed-Ormnance No. tsi :) oy we oniy as mows "Am UKwft^rfkr. ur i Mr. CITY OF OKEECHOBEE. FLORIDA AMENDING ORDINANCE NO. 716. LAND DEVELOPMENT REGULATIONS, AND SEC71ONS 452 MODIFICATION OF PARKING AND LOADING SPACE 11�N!M REDUCTION OF PARKING SPACE REQ1 IIREMEIM COMMERCIAL DISTRICTS AND 474 OFF-STREET PARKING SPACE REGULATIONS PROVIDING FOR OFF-STREET VARIANCES; PROVIDING FOR AN EFFECTIVE DATE." 2-a Council Member t Y) moved tD approve the ffrst reading of Ordinance No. 815; seconded DyCouncilMember b. Dhi �usion. _b(o _f A &-Wai-w W-_ UkjA-�( -1 k(P ch VMV9 111VUVII. 45q ABSTAIN ABSEIII KIRK MARKHAM WILLIAMS ct L L -WA 4a- J �zga La��Loi�) Vcw "N-k 4,-, ry OA_ RArl_ci,fuuaA _a_ALLA �k Al PaA Ila 00- tdk_ (aAl --Jul bawLd -a" fbkg-- 0AUPW fwa---i 1� �_ _P QUQ_ -� -fuw Ab" Uq M--pb,) � a&L94 MOKL ot &n hj-,& olf Ar�l bL 1-2 _64d9f VA� ��b 0_�- Nu aLk.�� jCq ra- u Ak. 'Hava- L,4- 6\4 Alta &4>dt" 9 16 C.1.a b. bLo PAGE -6- Council Member moved to read by tile only and set February 18, 2003 as a Dublic hearing date for proposed Ordnance No. 816 amending Secfions 395, 754, 758 and 759 of the Land nevelopment Regulations (I DR!s) pertaining Jo transfer, extension or r*Wr of n n- conbming stuctures - City Atlomey (Exhibit 5); seconded by Council Member UY� V* on motion to read by tide only and set public hearing date. VOTE YEA MAY ABSTAIN ASSENT fUKK CHANDLER WATFORb WILLIOWS, MOTIO CARRIED DENIED C. City Aftomey read proposed Ordnance No. 816 by tide only as follows "AN ORDINANCE OF THE IUII T Ul- UKEF-UHUt5th, FLUKIUA AMENDINO ORDINANCE NU. 715, LAND DEVELOPMENT REGULATIONS, PAR71CULARLY SEC11ON 395 CENTRAL BUSINESS ZONING DISTRICT ADDITIONAL REGULATIONS, 754 CHANGE OR TRANSFER OF NONCONFORIMNG USE OR NONCONFORENG STRUCTURE OR USE; PROVIDING FOR EXTENSIONS OF NONCONFOR-1.11ING SMGTURES IN CERTAIN !NMNGES; PROMNG FOR REPAIR OF WON-CONFORNNG STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN OFFECIIVE DATE- 2-a. CouncilMember Lrn moved tD approve the firstreading of Ordinance No. 816; seconded by Council MemWL—N-O.,—. DisGuss" n. L"-PA u-LJ C� Wakk+ wa-o�-d nrf on N-j+ no4- kJ C. *te on mobon. VOTE, YEA MAY AMAIN ABSENT KW CHANDL$R MAR910i WATM90, MOTIO?t�C�,� DENIED 6 C� PAGE -8- F. Discussion reaardina an umornina fund raiser and pgatao assistance for the Main Organization - Dowfing Waffbrd. J WtA&LA T- V a�ft A.h_ 41" A --n L) nr�t OAAL IA& U 60� 19 n Uzl 9AAv,�t x'4- - fir4N_C'AA,, aj_i� 4j-L- Qj IUAK-,),c + J-f WAD Cb) .4A-,) VV D M CIII., -t � tm 01 QaO�NA a �(XGU� 'ff'L C4 eA 4L 75S(mui, W Tk&;� SP%IU&__V 0,�- PPrttv 0-7auao- Ak A ),On 0,0 JA),a CA\L T, hn L,L �wj� -N" N e-vt �_ k--Ul hk a -�b N, f4)9 I)YULkW C)hj,) I U 1-1 or, zm_tv_�XL r IJ4 C40 QL�O - t Pgo oiv)tw pnsiaof_ -on p� ok-4- (Y)s 4� P���-9~ � ��. Discussion pertaining to a request to ternporarily change Northwest Third Avenue to a one-way -------- avenue on February 7, 2003 for a benefit for Adam Bry@nt-Keith Tomey' � � i & KU [ ---- -----'- -------------------------'-C3K-� -- - - U - - --� - -- -------'-----------[T- --�-------' - ---------�--------- - -t�-���"~-- '- - - --- - '--- � ---- ---------'---'----------�------------'' --- - --------- - - -- -~~^0' - -- --�- - '---------------- -' ---- --'�� ----- ---------------Tr-------------------�------------ - --------- -- -- -- .- -- --�� '- --- - kktlk ' / . � � ' . � . � --' ------ --------------------------------'--- ------'------ ------------- --' --- - ------- - ' �. ~ � � ' Committee - City AdWoOdor; seconded by Council Member LM Administration/General Services/ ........................... Adriana Berry, Regular Member PinanCe/ OWS Office .................................... Robin Brock, Afternate Member amb. Re Pqjblie Mrk-q D . arhmnt ....... Cleveland la War A�r �A"PP A Royd Selph, Abm& Member I I— Depab"W ....................................... Donald Hagan, RegWar A ' Awn --- --- Bill Saum, Abrnale Member Are Deparunem ........................................... Jeff F,,.ulcn —IV Glen Hodges, Afternate Member _VOTE YEA NAY ABSTAIN ABSENT KIRK U L) N3 WATFORO W1 MOTIOW �CARRIED DENIED I. Council Member '�) t�_ moved to *3oint one 'Regul-a—rMember and one Alternale%g�r Gkft6ou_ JMftyAulftaM"WA) Wo d -Z3ity Ackninishato, (EX!dbit F), OC.VUIIJed* ..p me We itouncilMember Uy� VOTE YE -A NAY ABSTAIN ABSENT v X5 CHANDt#R :WA�f moinoN (�ARR�IED - DENIED 'bet) coffiz, �slf\_OC4 PAGE-11. J. CQUDdLMWber moved fn appoint one Remdar Member fhalnrAUifinnfinn MLW_�-k Strategy (LMS) Worldng Group -City Acl6nistrator; se-conded by Cound Member (_v7&,J&LOA__ VOTE YEA MAY ABSTAJN ABSENT KM CHANDLER MARKH V WATFORD MUMS MOTO �X�D DENIED Lpi PAGE 4 - c1tv Febmsfy 4� 2003 - _---_--REGULAR CITY COUNCIL RGEETM - HANDWRITTEN MUM 1. CALLTOORDER-Mayw. Aer-A FeWuary 4. M. Ch Cound PmLdar MeWw. 6:00 D.m. ;Qpei I OPEN CEREMONI 5; tw� 146-1 od ;j 0 of Alleaiance led bvMavor. Ill. MAYOR, MWIL AND STAFF ATTENDANCE - CRY CIer1L MGM Mayor James E. Kirk Cuvin�; Menber f4bel A, Chtindler V-1 Council Member Lomy Markham v Member l)6vAing R. Watford, Jr.'---- _._Cou;jatM illiams embeLCip" W City Attorney John R Cook City Adminishator Bill City Clerk Lane Garniotea Dv�tyClerk�dllmia 16111 IV. PRESENTATIONS AND PROCLAMATIONS -maw. An, rt aJ 0�gej_am aji�q7. A- Pfoclalm do week of Febnwry 116 - 2Z 2M as "Nadonal Engineers Week". engineers have twed their wJenft &W technical knowledge and skills I creafte and Innowadve ways to fidN society Is needs; and WHEREAS, enghmn face the 11—jw. lechnelogleall challenge of ow fte from ebullding towns &P.-westat—W by nalwal disesters to designing an Inforrnadon that will speed our coufty Into this A&V66 V'Aitto) I W.4 WH iitw V"i jWN041 114war'" 560MM studentsto reabethe pwticalpowrof thekknowledge; and WHEREAS, we WIN look more than ever to enghwers and their knowWge and skills to most the challenges7ofthi futtire; NOW THEREFORE. I Janm E. I(irk. by dw virtue of dw audxm* vesbd In me Mayor fbthe City of Okeechobee, Florida, do hereby proclairn Febniary 16 through 22, 2003, as NAM M__A.L EIM-EERS WEEK I city of -bob"-- .2,C0 V. MINUTES - City Clerk. memw movea to aispense wan me-nming ana Wnve tne ziummarypf Council Action for the January 21, 2003 Requl seconded by Council Member win VOTE YEA MAY ABSTAIN ASSENT KIRK V CHANDI SR MANGM WATFORD WRIJANii ... .... WMON DEM V1. AGENDA - Mayor. IAN& the Kim- deferral or m#h&wW of on No to Q 0 19 rov a v me (2 PAGE -2- VIL OPEN PUBLIC HEAIW FOR ORDINANCE ADOPTION - Uryor. V00 pm. effectim date of Ordinance No. 780 - City Atlomey (Exhibit i� seconded by Council Member b. Vote on motion lo read by ft only. ,VOTE YEA NAY ABSTAIN ASSENT KW- V CHANDLE11 V 11 V WATFORD MOT" DENIED C- Cilv Atlamv i I Ordinance No. 812 bv ft aniv as folm IwAN ORDNANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. M WHICH AWDONS T!�S ki I CVVWAVQ lU Of M-k-0 4-W ALM 410 MTV f%C 9:kKIFLCM I — — --- — � 1— .. lil .... .. . _ I06EE,6jMXApVnV NORTHWEST THIRD to i xtt i AS RECORDED IN MAT BOOK 5, PAGE 5, PLWC MC0037, OMECHWEE COUMY, FLOMA; PROMING FOR AN MENDED DATE THEREOF." 2-s) Council Member LAY) moved to adoot Ordinance No. 81Z- seconded by Council MemW V�E YEAL NAY ABSTAIN ASSENT CHANDLER WATFM WILL C M H WA W MOTION DENIED commwh. 0 r) A rtvy� &cLCtt I-tA4Cf- VV Y twyy) "ARA) - k&AV4 Vu -Vote on motion. MUEE��,,, YEA ANTAIN MSM , _ I __Mmw i - � - ZH— u A �k�'w MOTION CAMW PAGE -3- BA.$) CouncilMernber PW rnoved to read by We only propose 60-rdinance No.-8-1-3 regarding F4ib ire I and I im Map Amendment No 034301-SRA S"Med by Okeechobee C=4 (L Planning Agency regmunends approval) - Cky Planning Consultant (ExhU* seconded by b� ----Vo-le-on mobon to read by We only. VOTE YEA MAY ABSTAM ABSENT Km -- V CHAMMM %mwj"-- A/ WAI PUM v . - WII.Lu . LUS Inn m C. Citv Aftxney read Proposed Ordinance No. 813 by Oft only as follow "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMMEHENSIVE PLAN, ORDINANCE NO- 6M As AMENDED. BY REVORM THE WIMP LAND USE MAP, PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE GOMPREHEN&W PLAN; PROWING FOR AN EF ------u�-1C0undm6fdw.AP . muVw iu aawt "dulcu" 4o. W, beumdml 6y ",J Member--- RVARMAPAT4 Eris CILurn -ori C. Vote on- motion VOTE YFA MAY ABSTAIN ABSENT K= CHAW-9R MAMUWA WATFORD M-OTION CARR!5� - GLUSE �PUBUG HEAKING - M"W W. I -T 0A.- 0 PAGE -4- A.I.a) Council Member AXk) movedlDread by OW only aW set February i 8, 2003 as a public ffig"Ag PaZoln;n^ AmJ6-afinn kin Aq-Mi-D hew" dsW fm ffopesed ()Fdinaiw No. 814 subffftd by Okeechobee County - City Planning CorwMant (Exh#* 3), wconded by Council Member -%.A, h- Valson mofim to read by tide a* aW set Public heasim date. WrIM- YEA MAY ASSMAIN ASSW .ZJCA;� KIRK KAN* WATFOO.b NOTION MUM C. C Afiorney-rea-6 'proposW Ordinance No. 814 by OW ordy as Mow -Am Ulwaumt: Ur I "t I;, fty CML0F OKEECHOBEE, FLORMA AMDING THE OFFICIAL ZONING 1W OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY MW-MM WRIMI- RUN MAIRWRCIAL PROFFS4,W"I AM MrS— ZONM 1XSTR1CT TO PUBLIC "B) ZONING INSTRICT, AUENIM THE ZONING MAP IBL, PReVIMG FOR CONFUCTS, i AN EFFEGTPA 7-8 (;Ouncp Member [I I movea approve re by Council Member b. 11�;ion 0 IM fahh�Ar\ 4) 1. Y) P L aAkAO JL AllO, ;,I I J -10� t - 0 P 4)Q OLWA40,Ld— Vl� C 14J L x rm b t T)l A-41 Ct#lce4 c. Vote on molion. AL WA%f bow- V w C �AIMW" D E M PAGE 4- B.1.4 Councl Member DL4-) movW to read 4 ft on1y and set February 18, 2003 as a pubfic heafing date bF pmposed Odnave No. 815 aw-n-d-ing SectioAs 452,454 and 474 afte I and ---------- Deve1opment Reguiations (LDR's) pertaining to modffication of parldng and space i"htftiocheta - M Aftwwy (ExMbIt4),4*w.A#&J Lj C,,wo..1 wmixim on motion to read by ift only and set pubbc hearing date. YEA MAY ABSTAIN ABSENT KIRK MAMM WATFORD WLLIAUS C. Ckv Attorney read Drowsed Ordinance No. 815 by titie ordy as Nows "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGIJLX'1�, AND SIEC711ONS M MODFICATION OF PAWNG AND I OADING SPACE REQUIREMENTS, SECTION 454 REDUCTION OF 13ARKING SPACE REQUIREMENTS IN COMMERGIALDWFRWSAND4741k". STR—EET PARKING SPACE REGULAIM ---------- INSTITUTIONAL USES; PROVIDING FOR INCLUSION OF PUBLIC USE REGULATIONS; PR0YIDING+`ORWF-* i ncc i MMKES, PROVIDING F00 RR AN EFFEC I IYE DATE.' -- Council LM moved to approve ow*m reading of winance No. 8z; seconded - MAY ABSTAIN ABSENT CHAK" L/ WATFORD MOTION DENM 44�) axe uotcl UAAA Q�- cl rA iid—&-kzrm n.-j WMAICIII A to "Woo (4 W-,.YVAJ." *4 37 t, i XF11- �F' '7 up 6(-o VA-.CXA-A AM — I&M' Mo W PAGE 41- C.I.a, Council Member OW moved lo read by We only and set February 18, 2003 as a public heating date foF pmpesed Ordinanw No. 816 amending Secbm 395, 754, 758 and 7594o"Um2a land Devebpment Regulations (LDRs) per lakft to transfer, extension or repair of non- b. !Vote on motion lo read by ft only and set pubfic hem" date. VOTE AMAIN A9SW CHAI t WR I0"� MU I &M RMU 'Nw C. JCRyAttorney read proposed Ordinance No. 816'by tille only as Xww -Am UKUMAM;t U_ r 1"M CITY OF OKEECHOBEE. FLORIDA AMENDING ORDINANCE NO. 7% LAND DEVELOPMENT REGULATION% PARTICULARLY SECTION 395 CENTRAL BUSINESS ZONING DISTRICT ADDITIONAL REGULAMONS, ZU CHANGE OR TRANSEER 0ENONCONFORNSIG USE OR STRUCTURE, 758 EXTENSM OF NONCONFORMING STRUCTURE, 759 REPAIR OF NONCONFOR10ING STRI NM OR USE: PROWDING FOR —EX.T. E_N.'_6 OF 'NONCONFORIIIING STRUCTURES IN CERTAIN INSTANCES; PROVIDING FOR REPAIR OF 1PUKHMMING SIRUCIURES: PROVIDING FOR StNERAMIJI'Vi An EFFECTIVE DATF moved to =m the fir4 mang of Ordnance No. 816: sewnded by 2-8- i:iCmjncl i, Council Member TZ_ . b. Discussion. vnkl) Cd &A'O_L� - urvni -6D (�,n -bD bra:* U3 cuff EA, - aA�\�Cud Mll ILMCA R_rAA_^J AA uAk-. Lj 10aA-P jj�. mL. t. mu6un. TtA HAT AMIAN AUMMI VUTL KRK PAGE -7- nxwed to aw Rw*bon No. 03-02 autorizing the Lease -Finance D. Council Member Adpfm (Exhiblit 6); seconded#— Agiee nent f—OF thaw PASAP G Council Member LM RESOLUTION OF THE Cffy COUNCIL OF THE CITY OF OKEECHOBEE, Ft.OWDA,_ __AUTHORONG THE LEASk+WANUNU Ul' WtIAW k:WWIAt*i lt"(Wtv"t:ACWlrjo -,-()FA MASTER LEASE -PURCHASE AGREEMENT WITH KISLAK NATIONAL UK SUCCESSOR IN WEREST To THE SKyLAKE STATE BANK; PROVIDING FOR THE -PAYmENroF THE IXASE WMENTS; MAKING CERTAIN OTHER AND AGREEMENTS IN CONNECWN THEREWITH; AND PROWMAN EFFECTINE DATE- &,.A.A AON LAA0 - KIRK MARKHAM WRIJAMS __iWMCCAW__E'6')- DEM ity Qe* lExhW —.=AWyCWiAgAppk2bonNO6,7-i-hm---- by okeechobee ToaLtd---C PL 0 is 6- . PAW-8- Oj CkiXA,4- /UJO 7 - 0— A rl 14���A) CLT V- bJWn:Q OA CA f) - F 1= d IKW ),W ona� a4m4AAtkl4 fhcIY4:--- 4-A) nAAAL�� to PC��A o-z ('-Icamn X4 Jrm" (I QA,i, L'6� t: u 0 "'147A -A- lict-120. 4 PAU F WCI� ato CA- 110 IA) PAGE -9- G. Dbwwjon PWW" tD a r9qL'S9 W tempm* chanp Nodhwest Thkd Amm to a oromay #mnue on FeMM 7,2003 for a benek for Adam OWt- KeM lonleY. Ct— u /2 A PAW40- qr H. tourld Member. moved lo q)Ont the "OvAng emloyees, tD the 2003 Grievance r _c4m jt%f%MMg#jft& P 6pjgjUjMr_ * I jbg A WCOAded bvicound- M-011-- -- Efir-C p le effice - Addana Ben Regulm Mamtw lRobin Brock, Alteffk-ft Member Oublic Works DeDartment - Cleveland Lamb, Requiar Member, Floyd SeO, AlterrwatS Member 1p�"­- Dgpa&mnt - DOAWd Hagan, RqguW Member. Bill Saum. Aftemale-Membfw n, Member, Gim i i iodw, memew me V= W* NO ABOM AWaff KM UAWJ" WANOO .LU"i DANA "19 V'n-iLw-A IUI�At, Ulz A VW Coi incif PW 'moved to a"nt one geaular MaMbff prid one Alternate Member to the Okeed" U" Authority (OUA) Board - City Administrator (ExhN* 8); seconded by r-Oul nag fv'%R' I QQ � � P@GE~11~ � J. Council Member��w����d to �e��la[Member to the Local KIRK ^^ MARK8AM ' ~^~~~-~~-' � ~M�) CITY OF OKEECHOBEE FEBRUARY 4, 2003 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 5 1. CALL TO ORDER - Mayor. February 4, 2003, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation Pledge of Allegiance led by Mayor. 111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of February 16 - 22, 2003 as "National Engineers Week". V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 21, 2003 Regular Meeting. I FF.BRuARY 4, 2003 - Crry Comm AGzNDA - PAGz 2 oF 5 0 0 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vn. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1.a) Motion to read by title only proposed Ordinance No. 812 revising the effective date of Ordinance No. 780 - City Attorney (Ezhibft 1). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 812 by title only. 2.a) Motion to adopt Ordinance No. 812. b) Public Comments. C) Vote on motion. B.I.a) Motion to read by title only proposed Ordinance No. 813 regarding Future Land Use Map Amendment No. 03-00 1 -SSA submitted by Okeechobee County (Land Planning Agency recommends approval) - City Planning Consultant Ifthibit 2). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 813 by title only. 2.a) Motion to adopt Ordinance No. 813. b) Public Comments. C) Vote on motion. CLOSE PUBLIC HEARING - Mayor. FzBRuARY 4, 2003 - Crry Comm AGzNDA - PAGz 3 oF 5 VIII. NEW BUSINESS. A.La) Motion to read by title only and set February 18, 2003 as a public hearing date for proposed Ordinance No. 814 regarding Rezoning Application No. 03-001-R submitted by Okeechobee County - City Planning Consultant (Exhibft 3). b) Vote on motion to read by title only and set public hearing date. C) City Attorney to read proposed Ordinance No. 814 by title only. 2.a) Motion to approve the first reading of Ordinance No. 814. b) Discussion. C) Vote on motion. B. La) Motion to read by title only and set February 18, 2003 as a public hearing date for proposed Ordinance No. 815 amending Sections 452, 454 and 474 of the Land Development Regulations (LDR's) pertaining to modification of parking and loading space requirements - City Attorney (Exhibft 4). b) Vote on motion to read by title only and set public hearing date. C) City Attorney to read proposed Ordinance No. 815 by title only. 2.a) Motion to approve the first reading of Ordinance No. 815. b) Discussion. C) Vote on motion. FzBRuARY 4. 2003 - CiTY Comm AGzNDA - PAGz 4 OF 5 VIII. NEW BUSINESS CONTINUED. C. I.a) Motion to read by title only and set February 18, 2003 as a public hearing date for proposed Ordinance No. 816 amending Sections 395, 754, 758 and 759 of the Land Development Regulations (LDR's) pertaining to transfer, extension or repair of non -conforming structures - City Attorney (Mbdilbit 5). b) Vote on motion to read by title only and set public hearing date. 0 0) City Attorney to read proposed Ordinance No. 816 by title only. 2.a) Motion to approve the first reading of Ordinance No. 816. b) Discussion. C) Vote on motion. D. Motion to adopt Resolution No. 03-02 authorizing the Lease -Finance Agreement for the Police Cars Program - City Attorney/ City Administrator (Exhibit 6). E. Discuss Alley Closing Application No. 67 submitted by Okeechobee Too, Ltd. - City Clerk (Exhibit 7). F. Discussion regarding an upcoming fund raiser and postage assistance for the Mainstreet Organization - Dowling Watford. G. Discussion pertaining to a request to temporarily change Northwest Third Avenue to a one-way avenue on February 7, 2003 for a benefit for Adam Bryant - Keith Tomey. FzBRuARY 4, 2003 - CITY CouNaL AGzNDA - PAGE 5 OF 5 VIII. NEW BUSINEW CONTINUED. H. Motion to appoint the following employees to the 2003 Grievance Committee - City Administrator. Administration/ General Services/ Finance/ Clerk's Office - Adriana Berry, Regular Member Robin Brock, Alternate Member Public Works Department - Cleveland Lamb, Regular Member Floyd Selph, Alternate Member Police Department - Donald Hagan, Regular Member Bill Saum, Alternate Member Fire Department - Jeff Baugh, Regular Member Glen Hodges, Alternate Member Motion to appoint one Regular Member and one Alternate Member to the Okeechobee Utility Authority (OUA) Board - City Administrator (Bxhibft 8). J. Motion to appoint one Regular Member to the Local Mitigation Strategy (LMS) Working Group - City Administrator. & EK. ADJOURN MEETING - Mayor. PLZASE TAIM NOTICE AND BE ADVISED that ifany 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 ofthe proceeding, and for such purpose may need to ensure a verbatim record of the proceeding 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. ig'2� i'4 Office of the Mayor Olwedzobee� �Woeida, engineers have used their scientific and technical knowledge and AMW creative and innovative ways to fulfill society's needs; and -dlenges of our time - from rebuildEmg engineers face the major technological clu lowns devastated by natural disasters to designing an on into this new cenhar, and that will speed our coluntry engineers are encouraging our young math and science students to realHize W practical power of their knowledge; and W we will look more than ever to engineers and their knowledge and skill to meet the challenges of the future-, NOW MFORE, 1, James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 16 through 22, 2003, as NAIIONAL ENGDWIERS WEEK in the City of Okeechobee. In witness whereof I have hereunto set my hand and caused this seal to be affixed - James E. K104 Mayor Attest: Lane Gamiotea, City Clerir. February Date: 4.2001- ?71 "17 0q, M '� 0 EXHIBIT 1 ~ FEBRuARY 4 AGENDA ORDINANCE NO. M AN ORDINANCE OF THE CITY OF OKEECHOBEEo FLORIDA AMENDING ORDINANCE NO. 780 WHICH ABANDONS THE ALLEYWAYS IN BLOCK$ 125 AND 138, CITYOF OKEECHOBEE ANDA PORTION OF NORTHWEST THIRD STREET AS RECORDED IN PLAT BOOK 5, PAGE So PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN AMENDED EFFECTIVE DATE THEREOF. WHEREAS the City of Okeechobee, Florida has enacted Ordinance No. 780, wbich ordinance provided for an effective date, tied into a future date when the City was to be provided certain easements to assure access to the streets and alloys closed by the action of said ordinance; and WHEREAS it has come to the attention of the City of Okeechobee that the applicant In said street or alley closing has arranged for access to such streets and alleys vAthout the necessity for easements, and that such will not now be necessary to provide to the City; and WHEREAS it now becomes necessary to amend the effective date of Ordinance No. 780 to make it effective; NOW THEREFORE the City Council for the City of Okeechobee, Florida does ordain and adopt this ordinance to amend the effective date of Ordinance No. 700, as fbIlows: THAT Section 3 of Ordinance No. 780 is amended to read: Section 3: This ordinance shall be set for final public hearing on the 40 day of February, 2003, an shall have an effective date upon approval thereof. INTRODUCED for first reading and set for final public hearing this 21" day of janjoly, 2003, JAMES E. KIRK, MAYOR ATTEST: LANE GAMIOTEA, CITY CLERK PASSED and ADOPTED on second and final public hearing on the 4th day of FthM 2003. JAMES E. KIRK, MAYOR ATTEST: LANE GAMIOTEA, CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY Board of County Commissioners Okeechobee County February 3, 2003 Lane Gamiotea, City Clerk City of Okeechobee 55 S. E. 3rd Ave. Okeechobee, FL 34974 1917 "�v SEE C I 304 N.W. 2nd Street, Room 106 OKEECHOBEE, FLORIDA 34972 (863) 763-6441 FAX (863) 763-9529 Re: Closing of N. W. 3rd Street between N. W. 3rd Ave. & N. W. 4' Ave. and the alley in block 125. Dear Mrs. Gamiotea: This letter is to notify you that Okeechobee County has met with Florida Power & Light, Sprint, Adelphia Cable and the Okeechobee Utility Authority. All issues relating to the relocation of utilities within the above referenced street and alley have been resolved. All utility relocations within these areas will be accomplished through existing right of ways. Okeechobee County is coordinating with each utility provider when their service is relocated in order not to conflict with the construction ofthe Judicial Center or create unnecessary utility outages for their customers. I trust that this letter provides the City of Okeechobee enough assurance that no utility services will be adversely impacted by granting our request for closing a portion of N. W. 3 rd Street and the alley in block 125. Again, thank you for your assistance in this matter and should you have any questions, please contact me. S cere in Jim Threewits Deputy County Administrator cc: George Long, County Administrator David E. Hazellief Gene Woods Clif Betts, Jr. John W. Abney, Sr. Clois J. Harvey George A. Long District I District 2 District 3 District 4 District 5 County Administrator Okeechobee County Property Appwer - Map Printed on 2/4/2003 9:26:001§4 Page I of 1 r f7 11 12 9 10 11 12 50 4 3 2 1 12 167 a 9 12 50 a 50 00 215- 6 5 4 3 2 1 w LLI 12 7 8 9 10 11 12 50 50 an " Ad I . . ....... a 9 10 11 L2 1510 50 4 3 2 1 7 a 9 10 11 12 so so 50 6 5 4 3 2 1 7 8 9 is 11 12 0 51) 6 5 4 3 2 1 6 5 4 3 2 ICT 12 7 8 9 10 it 12 7 a 1 14 11 12 50 F 50 50 50 50 m w PARK IRTRFF!T 12A 107 7 8 9 If 4 3 2 :I- 1 7 a $ is 11 12 So 1600 S 0- 6 5 4 3 2 1 12 57 10 it 50"1 0 9w 6 5 4 3 2 1 L0 17 8 9 is 11 12 50 M 10 11 12 A 47.d 14F.5 4 9 0 7 12 .5 47.6 14 22 4V; IU- 8 7 144 16 11 L2 i*G 47.5 16 6 5 4 142., 7 8 9 is 60 F Okeechobee County Property 'A 114 2-4 ft Appraiser W.0 "Bill' Sherman, CFA - Okeechobee, Florida - 863-763-4422 W+ PARCEL: - Name: LandVall Site: BIdgVaI Mail: ApprVal Sales JustVal lniD Mad Exmpt Tmaw ibis inliormation, Lad updated: oimrAw, vwss dwtved Ilron date Which was compiled by the Okeechobee County Property API)FIGIMISN's Office soidy for the governmantal purpow of property assessment. This kftnnodon should not be relied upon by anyone as a determination of the ommmlhip of property or market vallue. No warranties, expressed or implied, are provided for the accuracy Of the deft herein, Irs use, or Irs " �.. . �.� a ' '. i, . ARIXRO it is periodically updated. this inftwation may not refiect the dab wrently on file In the Property Appraisses office. The assessed values are NOT cartilled values and therefore we Subject to dmrqe before b9ft Inafted for ad vallonsin assessrnent purposes. I http://0keechobeepa.comIGISIPrint_Map.asp?pjbnlkplhgmecipofffddhfacbdkkhhdopcnkcfhf.. 2/4/2003 0 ORDINANCE NO. 813 ExHIBIT 2 — FEBRUARY 4 AGENDA AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part 11, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: SECTION I SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment", pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2 AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11, Florida Statutes. SECTION 3 REVISIONS TO THE FUTURE LAND USE MAP. 1 The following described land is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 03-001-SSA, from Multi -Family Residential and Commercial to Public Facilities. The Legal Description of Subject Property is as follows: Lots I through 6 and 10 through 12, inclusive, Block 125 Okeechobee subdivision according to the plat thereof Page 1 of 2 0 0 recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida SECTION 4 INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5 SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6 EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 813 shall be thirty- one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on this 4 th day of Februarv, 2003. ATTEST: Lane Gamiotea, City Clerk ADOPTED after first reading on this e day of February, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 AGENDA IV. NEW BUSINESS. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 03-001- SSA. Consider a recommendation to the City Council, to change the land use designation from Multi Family and Commercial to Public Facilities located at 312 N.W. Yd Street. The property owner and applicant is Okeechobee County. 0 January 28, 2003 - Land Planning Agency - Page 2 of 7 ACTION -DISCUSSION - "VOTE: - Mr. Donald Murray of LaRue Planning and Management Services, gave a brief background of the subject property. He explained that the applicant is requesting to change from Multi Family and Commercial to Public Facilities to allow for the new courthouse. Mr. Murray explained that the proposed use is consistent with the surrounding uses and with the comprehensive plan. He further explained that the biggest concern are with the traffic impact as well as parking. Mr. Murray noted that this application is also in connection with Petition 03-00 1 -R a rezoning request. PlanningStaff recommends that the Land Planning Agency recommend to the City Council to grafit—approval of Application No. 03-00 1 -SSA to change the existing land use from Multi Family and Commercial to Public Facilities to allow for the new courthouse located at 312 N.W. 3dStreet. Agency Member Hoover had concerns for the parking issues. Attorney Cook explained that there were some Land Development Regulation amendments proposed specifically for parking issues on this agenda. He explained that some of her concerns might be taken care of at that time. Attorney Cook noted that the County would still have to abide by the other parking requirements and regulations. Mr. Bill Royce, Planning Director for Okeechobee County, addressed the Agency. Mr. Royce inforined the members that this application is strictly for the vacant block to north of the existing courthouse. The existing courthouse is currently designated as Public Facilities. There was no further public comment. There was no further discussion from the Board. Agency Member Keller moved to recommend to the City Council to grant approval for Application No. 03 -00 1 -S SA, to change the land use designation from Multi Family and Commercial to Public Facilities located at 312 N.W. 3" Street. Agency Member McCoy seconded the motion. VOTE HooVER-NAY JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. AGENDA - IV. NEW BUSINESS CONTINUED. B. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend Section 390 Central Business Zoning District, more specifically Section 395, Additional Regulations. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend Section 452 Modification of Parking and Loading Space Requirements. A January 28, 2003 - Land Planning Agency - Page 3 of 7 ACTION - DISCUSSION - VOTE Attorney Cook explained that in the Commercial Business District zoning there is a zero setback and due to this it is near impossible for any business to comply with the additional regulations. There was discussion regarding the purpose of the citizen boards if this amendment was granted. It was also discussed about the intentions of the citizen boards and was it not their responsibility to make something impossible become reasonably attained. Attorney Cook suggested that if the Agency feels this should be granted but is not comfortable with the wording they can recommend that to the City Council. There was no public comment. There was no further discussion from the Agency. Agency Member Hoover moved to recommend to the City Council to giant approval but, allow for more definitive wording. Agency Member McCoy seconded the motion. VOTE HooVER-YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. Attorney Cook explained that the intent of the amendment was to add Public Facilities zoning district to the existing Commercial Business District. There was a brief discussion about if there were any concerns the City Council can order a parking study to be completed. It was stated that an applicant would still need to comply with other regulations within the zoning district There was no public comment. There was no further comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval of Land Development Regulations amendment to Section 452. Agency Member Hoover seconded the motion. 0 0 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 Staff Report - Smallm.Scale Land Use Amendment Applicant: Petition No. Preparedfor: Okoechobee County Board of County Commissioners 03-001-SSA 7he City of Okeechobee 0 0 Staff Report: Small Scale Comprehensive Plan Amendment Applicant: Okeechobee County BCC General Information Petition Number Owner: Owner Address: Owner Phone Number: Future Land Use Map Classification Zoning District Use of Property Acreage Density Access Location: Petition No. 03-001-SSA 03-001-SSA Okeechobee County Board of County Commissioners 304 NW 2 "d Street Okeechobee, FL 34974 863-763-6441 Multi -family, Commercial Public Facilities Commercial Professional Office (CPO) Government office, Vacant to be demolished 1.55 NA See attached site plan 312 NW 3 d Street Public facilities Public Use (PUB) New Court Facilities 1.55 NA See attached site plan Legal Description: Lots 1-6, 10-12, Block 125, Okeechobee subdivision, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County Florida. Okeechobee County intends to construct new court facilities to augment the existing, historically significant building. The existing courthouse will be renovated and likely will continue to provide some court functions and perhaps will house other county government offices. The property on which the new court facilities are proposed to be located (Block 125) currently is designated with Public Facilities, Multi -Family and Commercial future land use classifications. The block to the south, on which the existing courthouse is located, is designated Public Facilities with the Public Facilities designation. Okeechobee County is requesting that the future land use classification for all of Block 125, the site of the new court facilities, be changed to the Public Facilities classification. IPAGE I 0 0 Staff Report: Small Scale Comprehensive Plan Amendment Applicant: Okeechobee County BCC Petition No. 03-001-SSA transportation facilities are provided by developers or appropriate government agencies prior to or concurrent with development." Therefore, City Staff will require that these impacts be addressed prior to Final Site Plan Approval. B. Concurrency of Adequate Public Facilities The applicant fails to show that all impacts to levels of service are addressed adequately. Although it appears that impacts may be moderate, the County should provide additional impact analyses that address the impacts that may result from closure of NW 3 d St., the lack of off-street parking, and the resulting impedance of through traffic that may arise from these changes. C. Compatibility with Adjacent and Nearby Land Uses The proposed use is deemed compatible with adjacent and nearby land uses due to the nature and characteristics of the intended use. D. Compliance with Specific Standards of the Plan. While the proposed use is deemed compatible with adjacent and nearby land uses, the request fails to show that all impacts have been addressed, more specifically, traffic and parking. Parking requirements are being considered for amendment at this time, which may help to address some of staff s concerns, but because of the lack of impact analyses, these issues should be addressed sufficiently by the time the applicant submits for Final Site Plan Approval. The proposed land use is compatible with existing and future land use, but the applicant has failed to address all traffic and parking impacts. Staff still has concerns regarding the closure of NW 3 d Street and the lack of providing additional off-street parking. This is problematic, but because these issues are more site specific they can be addressed during site plan review. Therefore, Planning Staff has no objection to the proposed use, but will require the County to submit impact analyses addressing all impacts prior to approval of the Final Site Plan. Approval of this petition should not be construed as an approval of the applicant's development plans. Based on Staff s analyses as addressed in this report, Staff finds this petition to be consistent with the City Comprehensive Plan and recommends approval. Submitted by: James G. LaRue, AICP January 22, 2003 (PAGE I 0 Staff Report: Small Scale Comprehensive Plan Amendment Applicant: Okeechobee County BCC North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: 0 Petition No. 03-001-SSA Single Family and Public Facilities CPO Residential and business Commercial and Multi -Family CPO Church and vacant property Public Facilities PUB Courthouse Commercial and Single Family CPO Business Okeechobee County intends to construct a new courthouse to provide additional government office space. The existing historical courthouse will be renovated to continue providing some government uses, and the proposed courthouse will be built on Block 125, just to the north of the existing courthouse. This will expand the courthouse campus to include two full city blocks and will require the closure of NW 3rd Street between NW 4th Avenue and NW 3rd Avenue. Note: This petition is a companion to Petition 03 -001 -R, a request to rezone this subject parcel from CPO (Commercial Professional Office) to PUB (Public Use). Comprehensive Plan Analysis I A. Consistency with the Land Use Categories and Plan Policies. The applicant's request is consistent with the requested Land Use Categories., and the expansion of the courthouse use should be an asset to the area, but the closure of NW 3 rd Street will eliminate through traffic and create additional turning movements and traffic conflicts. Little off-street parking is also proposed, creating additional traffic conflicts that can result from increased street parking. The County proposes only 33 off-street parking spaces and 341 on -street spaces. The County has not adequately addressed these potential problems here, but will have to do so prior to any development taking place. Objective 8 and Policy 8.1 of the City's Comprehensive Plan require that the City "...coordinate development with the provision of adequate motorized and non -motorized transportation facilities" and that the City should monitor development "... to ensure that needed (PAGE I CITY QWKEECHOBEE BAR and Zoning Department COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Please check one: PSmall Scale Amendment (Under 10 Acres) Ell-arge Scale Amendment (Over 10 Acres) Name of Property Owner Okeechobee County Mailing Address 304 NW 2nd Street Home Telephonp Work Telephone 763-6441 Name of Applicant, *If other than owner, (relationship) George Long, County Administrator Applicant Mailing Address 304 NW 2nd Street Home Telephone Worl(Telephone 763-6441 Property Address/Location 312 NW 3rd Street Property Parcel Number PI-15-37-35-0010-01250-WIO Current Zoning Designation Commercial -Professional Office (CPO) Current Future Land Use Designation Multi-familv, Commercial Existing Use of the property Government office, vacant buildings to be demolished Proposed Future Land Use Designation Public Facilities Proposed Use of the Property construction of new court facilities 1.5-s- 2 Size of Property (in acres) 4-.-tr acres Description of Surrounding Properties residences and businesses to the north, church and vacant property to the east, courthouse to the south, businesses to the west Legal Description of Property (Lengthy Description May Be Attached) lots 1-6, 10-12, Block 125 Renuired Attachments: • Survey of Property (111 " x 14", 20" Scale) o Application Fee $500.00 • Letter Outlining Request e City Location map • *Notarized Letter of Owner's A Porization Signatur, �VK'l . "'1-17 cl) — f -- Date I Z. I ift 011— 0 0 Okeechobee County Courthouse Expansion Project Blocks 125 and 138 City of Okeechobee Request for a change in future land use classification from Commercial and Multi -Family to Public Facilities. Statement Outlining Request Okeechobee County intends to construct new court facilities to augment the existing, historically significant building. The existing courthouse will be renovated and likely will continue to provide some court functions and perhaps will house other county government offices. The property on which the new court facilities are proposed to be located (Block 125) currently is designated with Public Facilities, Multi -Family and Commercial future land use classifications. The block to the south, on which the existing courthouse is located, is designated Public Facilities wit the Public Facilities designation. Okeechobee County is requesting that the future land use classification for all of Block 125, the site of the new court facilities, be changed to the Public Facilities classification. 00001487 WPD 0 0 Okeechobee County Courthouse Expansion Project Blocks 125 and 138 City of Okeechobee Request for a change in future land use classification from Commercial and Multi -Family to Public Facilities. Legal Description of Property Proposed for a Change in Future Land Use Classification From Commercial to Public Facilities, Lots 1-3, West V2Lot 5, Lot 6 and Lots 10-12 From Multi -Family to Public Facilities, Lot 4 and East !/2 Lot 5. Or From Commercial and Multi -Family to Public Facilities, Lots 1-6 and Lots 10-12, Block 125, Okeechobee subdivision, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. 00001498.WPD rio E?reparo by and reWm v. JOHN 0. CASSELS, JR. Attorney at Law Cassels & McCall P.O. Box 968 400 NW Socond Street Okeechobee, Florida 34973 863-763-3131 File No.: 9208 Parcel Identification No. 3-IS-37-35-0010-01250-0010 RI 14 0 Is 3 3 PAGE 0 5 17 Documentary Stamp paid in " amount of $ —.AM am C Intanloble Tax gold in tro amount d$— SNron Robert=, CAN% a' arcutt Court 9 Florida �Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 699.02, F.S.) Thk Indenture made this 6th day of May, 2000 Between MARY LINDA UTT and GARY W. UTT, her husband whose post office address Is 311 NW 3rd Avenue, Okeechobee, Florida 34972 of the County of Okeechobee, State of Florida, grantor", and OKEECHOBEE COUNTY; a Political Subdivision of the State of Florida whose post office address Is c/o Cassels & McCall, 400 NW 2nd Street, Okeechobee, Florida 34972 of the County of Okeechobee, State of Florida, grantee*, Witnesseth that said grantor, for and In consideration of the sum of TEN AND NO1100 DOLLARS (310.00) and other good and valuable considerations to sold grantor In hand paid by sold grantee, the receipt whereof Is hereby acknowledged, has granted, bargained, and sold to the said grantee, and granteWs heirs and assigns forever, the following described land, situate, lying and being In Okeechobee County, Florida, to -wit: LOTS 1, 2, AND 3, BLOCK 125, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject-to-mshicgonsi-reservedons-and-essements-of.r.ecord,-If -a.ny— nd said grantor does hereby fully warrant the Otle to said land, and will defend the same against lawful claims Of II persons whomsoever. I 'Gtantor' and 'Gmntee' am used fior 3ingular or pkiml, as context mquiras. In Witness Whereof, grantor has hereunto set grantor's hand and seal ihe day and year first above written. Signed, sealed and delivered in our presence: 'NMtr0syNan&. Gn hA4L. Wltne#s Name: State of Florida County of Okeechobee M RUL I LITT The foregoing Instrument was acknowledged before me this 5th day of May, 2000 by MARY LINDA UTT and GARY W. UTT, who Lj are Perrsona,,Ioly 4nown or U have produced as Identific n 11� 7756A-L:�) (Notary Seaq VI-ko-Va. Nui'AAI ba" Notart Pupffic, n rAMAYMM Printed Name: NOM RY FM 11C STATZ C V FLOWA r %n Am-rnp C01#94EMN No. CCS"M My Cot MYCOMMMMEW. FULY11.2mm FILED Fr"" RECORD OKK 0VT1.11 CO. FL. 337071 OOMAV-9 111111*313 SHAkt:,N '-'� "I Q L'V� A " R BKO 4 19 3 ?rrwgj,q�turn to: JOHN D. CASSELS, JR. D"curn-Inlary rlAmps pai:j I,, III(, Attomfiy at Law $ -C�— . '111,ouot of Cassels & McCall cl�u C 'Int.n P.O. Box 963 400 NW Second Street of$—.2- , "IV III Mr. 4j,KX111t Okeechaboe, Florida 34973 Sharon Robel I., C*, u urt 663-7G3.3131 OluiscilUbM County I 1j)r1,L_1 File No.: 9412 BY: r- 4. - D. C Grantee S.S. No. Date: 133rcel Identification No. Z-15-37-35-0010-01250-0040 (Space Above This Line For Recording Datal Warranty Deed (STAT UTORY FORM - SECrION 689.02, F.S.) This Indenture made this 20th day of November, 2000 lietiveen MARLENE CURLEY, a single person whose Post Office addr-ss Is CIO TOM W. CONELY, III, P.O. Drawer 1367, Okeechobee, Florida 34973 of the County of Okeechobee, State of Florida, grantor*, and Okeechobee County, a political subdivision of the State of Florida whose post office address 13 304 NW 2nd Street, Okeechobee, Florida 34972 of the County of Okeechobee, State of Florida, grantee*, Witnesseth that said grantor, for and In consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable considerations to said- grantor In hand paid by said grantee, the receipt whereof Is hereby acknowiedged. h33 granted, bargained, and sold to 06 said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being In Okeechobee County, Florida, h).-wit LOT 4 AND THE E 112 OF LOT 5. BLOCK 125, OKEECHOBEE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 6, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THE ABOVE DESCRIBED PROPERTY 15 NOT NOW, NOR HAS TT BEEN IN THE PAST, THE HOMESTEAD ---OF THE GRANTOR. Subject to restrictions, reservations and easements of record, If any. and sold grantor does hareby fully warran! the HUe to said land, and Mill defend the same against lawful claims of all persons whomsoever. ""Giantor' and "Granies' are used for 31ngoar or plural, as comeM requirm. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered In our presence: J^.14 J/i r. in Ell T3 1"Q) R Q Witness Name:' _&UA. IVA ?�'fj Af�l MARLENE CURLEf �3&�Fnr COUNTY, Fl. 345226 2000 NP'422 AM11*53 SHARON ROSERTS014 CLERK OF CIRCUIT COUPT State of Florida County of Okeechobee WA The foregoing Instrument was acknowledged before me this,&7day of November, 2000 by MARLENE CURLEY, who ftjoli personally known or f I has produced as Identification. [Notary Saall EVA I my cow=!Ly. Firinted Name: -'-Llg My Commission EApire3: Ai n�- 4 3 6 Prepamd W and return to: Documentary Stamps paid In the amount of JOHN 0. CASSELS, JR. $ Attonney at Law CtmA Intanobla Tax paid In the amount Cassels & McCall of S C7 — P.O. Box 968 400 NW Second Street Sharon Robertson. Clarl; of Circuit Court C` echabee, Florida 34973 Okeechoboa C4unty, Floli" SL.763-31131 File No.. 9120 Dyl ag� D.C. Da&' Grantee S.S. No. Parcel Identification No. 3-15-37-35-0010-01250-0060 ISpace Above This Line For Recording Datal Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 3rd day of April, 2000 Deihveen JERRY M. KEMP and BRENDA S. KEMP, his wife whose post office address is 1508 NE 3M Blvd., Okeechobee, Florida 34972 of the County of Okeechobee, State of Florida, grantor', and OKEECHOBEE COUNTY, a political subdivision In the State of Florida whose post office address Is c/o Cassels & McCall, 400 NW 2nd Street� Okeechobee, Florida 34972 of the County of Okeechobee, State of Florida, grantee*, Witnesseth that said grantor, for and In consideration Of the 5UM of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said (jrantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, tying and being In Okeechobee County, Florida, to -wit: LOT 6 AND THE WEST 112 OF LOT 5, BLOCK 125, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBUC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to restrictions, reservations and easements of record, if any. and- said-graintor does -hereby- fully- warrant -the -Ufle.to- said -land, -and will defend -the some againstlawful daim-s -Of - ----- all persons whomsoever. * 'Gr2ntor` and "Grantee' am usad for singular or plural, as context reqtdf9s. In Witness Whereof, grantor has hereunto set grantoes han7da seal the day and year first above written. Signed, sealed and delivered in our presence: ,_ 4c, A -In L&-;V") (See[) Y tnesrdName: rin 1% -::ZR�) W KEMP . I \. - I ii 4V (Seal) S. KEMP State of Florida County of Okeechobee The foregoing Instrument was acknowledged are me this 3rd dly f A ril 2000 by JERRY M. KEMP and a' re n3ll BRENDA,j S. KEMP, who L_�', -mmig- I knZ.' or U have pmduced arrdentillm [Notary 34 y be" Notary ubIIc'___ Printe Name: Aryl S=01L. My Commission Expi a: F11 F P t*n!? [,,L r, C)1?1) 0KE!.c11:,,,1:; L GO. FL. 335608 0 0 11!1?� -I . pf? 1,�- 0 q SHAR0,11 R(.'('!.R TSO,i r1LERX OP CUU;?T r LiA - t3 i -%^ 6?,* 5111:N ,W WARRANTY DCtC, This 10arranty Deed ii,e 17th 452 246 da%, If DECEMBER %. 1) it) 82 hy TOM W. CONELY, III and EVA MAE CONELY, his wife hereinafter rallmi Ilte fircuriiir fit OKEECHOBEE COUNTY, a Political Subdivision of the State of Flori-da 11-11(me poslidlice addr...', is 304 Northwest Second Street, Okeechobee, Fla. 33472 hereinafter railed III.- arrinfee: —d h—. h. I ...... ...... I ....... ..I � 1-1 ,, ............. I A 6-1­6 -4 Ih, ........ W 1ORMUth: -1-lini die imni.,r lor and in rijit.4idernlim, ,I fit.. jint 10 . 00 and other I-1111.0 MITI. I nliens. re. misps. reirtuses. .-wiveys nntl tiiii�irms units flip ciranti-f-. till flint --rl,itn liand illmte -q-Okeechobee ('atinty. Floridn, vi:: Lots 7, 8 and 9 of Block 125, OKEECHOBEE, according to the plat thereof r ' ecorded in Plat Book 2, Page 17 of the Public Records of St. Lucie County, Florida,. a copy of said plat being recorded in Plat Book 1, Page 10 of the Public Records of Okee- chobec Count-y, Florida. SUBJECT TO restrictions, reservations and easements 'of record, if any. I T.0 R, 10,'� FILED FOr RECORD tA- OKEECHOBEE Cf-W-'ITY - F.,' 5 U11 151 183 M8Z DEC 17 PH Q. 10 CLIF 8 FJ�TTG ng or in any. Together ill, .11 flip fersements, heredifaments anti appurttfRKefl R, ftibA�R wise appertaining. To Raut and to Rold, he a.,. in fee simple forester. Rild the itrartior herphy cut-pitanis tjoilh said grantee that flip grantor is lawltilly seized of said land in fee Simple. flint the tyrnnior /tax flood riflist and Into-hil 'atilhoritv Its sell anti convey said land; that die fironfor hereliv fally warrants lite (file in said land anti will defend the same against the laulfill c-laims of all persons whomscief-pr: and flint said land is free of all encumbrances, except taxes arrrtjing Subsequent to December i i, 19 8 1 . In 10RUSS Ightr0f, he said firmilur has sirined and sealed these presents the day and year first abissive istriffen. Signed, sealed and del1reired in our preqvisce: ;A .�� .................. ... ... .... ......... .. ................. ........ CS STATE OF FLOR I DA SPACE 11tow Pat A 1011115 USE COUNTY OF OKEECHOBEE T HERERY CERTIFY that an this day, before me, an affierr Iul% autharin-d in the State alurrsaid and in the -Countv Aforesaid to take arknowirdstments, personally aplirarrd TOM W. CONELY, III and EVA MAE CONELY, his wife its me kn�n to fir, the persons deft-rti—I In Anti tth(- P—tilrd 1111- fort-goinst instrument and each. acknow,ledifed before air that they ,meruird the same WITNESS.my hand And a(rarial wA in the (:uuniv And State fast. aft'rejaid this 17th ..)DECEMBER A. D. 19 82 /Ill, himnint'.111 prry"In"I by - CORELt� N—at Itinit :93.1 TOM W. 207 NW 2nd Street Okeechobee, �Ia. k"47-1 �-- 21,52 , - 246 I Documentary Stamps paid in the amount of $ '0 Prepared by and return to: Class C Intangib4a Tax paid in the amount' JOHN 0. CASSELS, JR. of $ Attomay at Law Cassels & McCall Sharon Robertson, Clerk of Circuit Court P.O. Box gas 400 NW Second Street Okeec�hobee Cou*, Florida Okeechobee, Florida 34973 D.C. 863-763-3131 File No.: 9328 Data: Grantee S.S. No. , Parcel Identification No. 3.15-37-3.q-0010-01250-0100 [Space Above This Una For Recording Data] Warranty Deed (STATuro!XY FORM - SECTION 689.02, F.S.) This Indenture made this 31st day of October, 2000 Between R.H. BARBER, a married man whose post office address is P.O. Box 2430, Okeechobee, Florida 34973 of the County of Okeechobee, State of Florida, grantor', and OKEECHOBEE COUNTY, a political subdivision In the State of Florida whose post office address Is 304 NW 2nd Stree� Okeechobee, Florida 34972 of the County of Okeechobee, State of Florida, grantee, Witnesseth that said grantor, for and In consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable considerations to said grantor In hand paid by said grantee, the receipt whereof Is hereby acknowiedged, has granted, bargained, and sold to the said grantee, and granteWs heirs and assigns forever, the following described land, situate, lying and being In Okeechobee County, Florida, to -wit LOTS 10, 11 AND 12, BLOCK 126, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 6, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THIS PROPERTY does not constitute the homestead of the Grantor. Subject to restrictions, reservations and easements of record, It any. and said grantor does hereby fully warrant the UUS to Said land, and will defend the same against lawful claims of all persons whomsoever. "Grai,�orl and *Grantee* are used for singular or plural. as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year 11 tabovewritten. Signed, sealed and delivered in our presence: (Seal) Witness N me. R.H. 6ARBER WVC�e State of Florida County of Okeechobee Th foregoing instrument was acknowledged before me this&Aay of October, 2000 by R.H. BARBER, who 01s personally known or LJ has produced as Identification. [Notary Seal] ,fXV4\ EVA MAE CONELY otary Puclic ,L , my commissom 8 CC smw Printed Name: Ono: 089WnW 1Z 20M My Commission Expires: BW4W TIM taw-V ftem wwwoflem FILED FOR kECORD OX EECH0-1,* r COWiT Y. Ft. 344450 2000 NVII I PF 12-- 5 7 r* W.'N Q A v r, �� - - -r S 0,; CLERX u: " 1-.4 -.-. 0 �O 1 '0 '20 NW 7TH ST (100')..* 6 5 4. 3 2 1 6 5 4 3 2 1 6, �5 4- 3 2 1 9 2 E I � I 1. 6 �i �11 7 7 7 7- 1 ' ��l 1 �2 �7 8 9' 7 1 8 9 -111112 5 1 17 � 8 � 9 Ff E JL V %-A 17 � 8 9' �10 6 NW 6TH ST (701 2 2 6 5�4�3�2� 1 615 4-H2� 11j+ 41+� 11 1615�4- 3�21 11 E S' "7 3 4 11224 7 8 9 12 7 � 8 9 1 011J21718 9�10 11121 17�819 1112 10111 5 t Lg I � 101 11 . 1 rio� 1 6 IW 5TH ST (70') 2,1 9 7 2 1 6 5 4 311 E14, 3 2 J5 4 3 2 1 6 51141 L 8 b 2 t1l 2 4 0 121= 7 -111�121 17 S 9110 11 = ff 3 �'9]1 '� 1111211 17 8 9]1:0 7 8 9110'1 11 112 LC 11 NW 4TH ST (100') GU L.Lj 6 . 5 4 �:> 3 2 1 6 5 4 3 2 1 9 8 7 2 LLJ 2 1 9i 4 17 8 �' 1 0 11 1121 Ln 7 1112 7 8 9 01112 1011 1 C-0 �81 01 1 1 1 1 1 1 NW 3RD- ST 70 - L9 91, 6 5 4 3 2 6 5 4 3 2 6 5 4 3 2 1 6 5 4 3 Z 1 9 8 7 M2 2 -3, .3 7 8 9 101112 7 8 7 S 9101112 12 7 8 9 101112 101 5 loll 6 - NW 2 D ST .2 6 5 4 3 4- 1 6 5..4-13 2 1 2. 1 51.4-1-3 12111 6 5 -4 6 5 3 i7 1718 110 1121 E, 17 81 10 11 1121 17 8 �'gjl 01 11 1121 7 8 112 7 11 1121. 9 1 I A-- G L E 4 6 5j.4-jd2jlj 6 5 4 3 2111 6 51.4 3L2 z 1 6 5 4 3]2 � 1 6 5 4 3 'L _121 11 . .1, L7 L I �10 11 1 7 a 9 1 01 1 1 121 1718 9 1 01 11 1121 17 8 �'911 O'l 111121 1 7 is 9i,1�011 1121 1 8 9 12 SW 2N-D ST 70' - - 6 5 4 312-111 16 � 5114�3� 2 � 1 1 16 51.41-3 2 � 1 rz � 5 [4-1-31 2 � 1 6 5 4 -3 [2tl I �I -7 - . I -- 11 - I. -I- . , j 'A 1112 7t a 9 olll� 1718 9 1011 2 171 a 1,91i 0 17 1 8 1'9'1101 11 1121 1, 0111121 19 19 9 20 20 0 0 NW 7TH Sl �I�v 4E 23 +�4�3�+ �4 6 5 431 2� 1 1+�4�+ 1 + d 2 I - 3 -7 Z, I ) 9 - �l 1112 4 El 7 18 � 9' 1 11121 11142 7 9 1,01112 17 � 8 �10 5- 6 NW 6TH ST (70') 1 z 1 6 5 4 3 2 1 6�+�.3�2�1 6 5 4j+�l +�4131+ 2 3 1p 4 121d24 12 1+ 9 101112 7 1718 9 1011121 1 5 1 - ::_i 9 6 7 1 1 _�j 11 11701112 0 5TH ST (70')// All 2 2 1 6 5 [4] 3 ' 12 7 8 10' 1112 17 1,91 T �R 6 4-13 9 8 7 2 r2 9, _0 7 8 1 NW 4TH ST (100') GU CD 2 6 5 4 3 6 5 4 3 1 9 8 7 2 6_ �5 2 7.-- 8: 12 9 1121 1, 12, 101112 1101 7 8 9 10 17 8 NW 3RD ST (70) 3 1 2t'l 6 9 7 6 5 4 3 1 & 5�. 5 4 3 2 1 6 '5 8 10 1,1,�� 1 T-8, 7 12 1 7 9 11 01 1 -l'-1,1 1 10 2 1 1 1 -' m 7 8 911 21 81 NW 2ND S 70') 1 '1 1 1 -T L9 "8 L,7 3 4 10111 2 '1' .132 2.11 6 5 3 2 Z, _2 6 5 4 3 6 3 E2 6 1 '5 3". 17 '2 9 101112 -1.1-2 7 9 7 9 1 11121 1 El O� T- tj '1 .9 18 L A- G L E 6 5 4 3 +1,413 2 11 6 5 4 3 211 6 51.4j 3 6 5 4 3 2 1 _12 1 _1211 1 [ I _ I I 1 i 10 '�1112 7 112 7 8 11 112 7 8 9 10111121 1 7 8 �'9 1'0� 11 �l 21 1 7 8 91170 1 8 1,911 101 12 SW 2ND ST 70' 6 �15 4 3 � 2 � 1 1 16 5 �14�3j 2 � 1 1 6 5 4 3 [4-J.3 � 2 6 5 !43 2 1 2 1 6 5 1 � i I , 11, '1 11 1 121 17�8191 11712 7 1'8'� 9'j O� 1111 2� 101112 1 7 L� 1'9'111 Otl lill 21 171819 0 0 0 Surrounding Land Uses House Vacant House 4) Offices House 4) Dunklin Rest Home Office :McAlpin r_ <-Pro Med Clinic ------------------------------- :Cavalcanti (D N. Wright DMD­ :Lewis CPA > > Block 105 Block 106 Block 107 Seniors :Okeechobee Fulford "R" Able :Professional House House House Appraisals Okeechobee Rehab :Building z z NW 4th St. NW 4th St. Florida Community Farm Health Center Bureau V A C A N T Insurance (Episcopal Church) New Block 126 Block 125 Block 124 Courthouse Dorothy's Close Construction Pastor's Episcopal Hair Studio Offices Residence Church NW 3rd St. NW 3rd St. LBFH :A.M. :Atlantic Vacant Fellowship Engineers :Close :Reporting Hall :Court :Reporters Existing Block 137 Block 138 Block 139 Breakthrough Courthouse Recovery ----------- :Cassels and Vacant First Methodist Robertson Appr McCall Attorneys Church Kennedy Atty NW 2nd St. NW 2nd St. Vacant Multi -bay Teen Eleciions Old 4) Offices Parking Lot Garage Town and Fire (Vacant) Par�ing Dept. a ­Co�lon 4) 4) Barber - Block 158 Block 157 Block 156 small bldg. Gilbert Oil Furniture Building Store Vacant Wherrell's Offices Office (Vacant) Auto Parts z z 00001342 BASSWOOD I ESTATES 6 24 LAI ST % CNIC 0 CENTER 1 -';�7 OKEECHOBE 8 St N . w a ST 7 ]1 ST PARK 11-7 WHISPERING NW 39 CIA 4 PINES L=T I NW I !1 34 11 111 3� 3ri ZI 32 ST z z NW 30 LA OICEECHO SPORTS CO z 0 5 15 9 NW 23 3.1: LA R1 M U2 k uni 21 1. On 20 LA DFO ARENA T ,, I f HOSPITAL I'Aw * is "'ST DE�S Nw Vwj 9 Is I 1 141 It 81 13 ST NursIng CO T wm-DH 1112 1111 ST 3 ST 7Nw ZE -,ZjbL-jl I ST N%y ji ST 10 NW tF �mi sT-1 I- i 1! CSx I . Ill 6 A RT, 'NW 1 8 . 20 i1T-:L- JI /NW 8 In 'll E I 10 2 CHAMBEI I k-, 2!111 vIll ST I z r--Ir--)F/f ff 11 CENTER 70 CEN CRES PON > ;r 4 -HE cc It 3 BET w > c: > WINTA In Ic PARK 7 en 14 BE 3: 3: 7 21 IT 23 In Sw 208 ST >1 s a Sir PINE ACRES Umi hAL-i 0 E r. OBEE w - ML Ills : a 70 IE W 15 Sir is Sir I ST RIVER LAK —ST > ESTATES a 17 > P, ZRI®r -c 1 19 1 ST On 94 1 20 ST m 011 N L9 �4 1 21 19 ST I SW 21 ST WOODLAN 23 al OAK I -PARKt 29 LAKE 28 N sESTATE N > KLA E w VILLAS -nrAke Plaza :Shoppin Center 2EFTH ST C4 cg�C-) J�i oUtplIRA �� (71i RD La �!?"T tW 1 11 113021ANDE ST SEMINOLE CO A TATES CI ww&.t o b" B=A( VILIAGE w3r IPIRU 5 9 SVT 15 TAY�OR 11 �*IE 26 CHEEK) BE I-Ctj ;=C*11 BE ST rl I i I N.W. 3rd ST rrM - �-t � Lyi, N.W. 4th ST. r Will r� LAND OKEECHOBEE JUDICIAL FACILITY DESIGN PREPARm FOR SHIFF AR ECTS to PALM BEACH COUNTY, COWIDA SOUTHE I i If* A -4 -Rd munm 0 ORDINANCE NO. 814 EXHIBIT 3— FEBRUARY 4 AGENDA AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL AND OFFICE (CPO) ZONING DISTRICT TO PUBLIC (PUB) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 2.17 acre(s) from Commercial Professional and Office (CPO) Zoning District to Public (PUB) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to - wit: Lots I through 12, inclusive, Block 125, Okeechobee subdivision, according to the plat thereof recorded in Plat Book5, Page 5, public records of Okeechobee County Florida. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Commercial Professional Office (CPO) Zoning District to Public (PUB) Zoning District. SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Page 1 of 2 0 SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 4 th of Februarv, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 1811 day of Februarv, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 January 28, 2003 - Planning Board - Page 2 of 2 AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 03-001-R. Consider a recommendation to the City Council to rezone 312 N.W. 3 d Street from Commercial Professional Office (CPO) to Public Use (PUB). The property owner and applicant is Okeechobee County. 0 9 V. ADJOURNMENT - Chairman PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board 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. General Services tapes are for the sole purpose of backup for official records of the Department. Jerry Walker, Chairman ATTEST: ACTION - DISCUSSION - VOTE Mr. Donald Murray of LaRue Planning and Management Services, gave a brief background of the subject property. Mr. Murray explained that this petition is in connection with a future land use map amendment. He explained that a zoning change from Commercial Professional Office (CPO) to Public Use (PUB) is more of an appropriate zoning for the new courthouse facilities. Planning staff recommends that the Planning Board recommend to the City Council to grant approval of Petition 03-001 -R, to change the existing zoning classification of Commercial Professional Office to Public Use located at 312 N.W. 3 d Street. There were no further comments from the public. There was no discussion from the Board. Board Member Ledferd moved to recommend to the City Council to grant approval for Petition 03- 00 1 -R, requesting to change the existing zoning classification of Commercial Professional Office (CPO) to Public Use (PUB) as recommended in Planning staff s report. Board Member Keller seconded the motion. VOTE HoOVER-NAY JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. There being no further items on the agenda, Chairman Walker adjourned the meeting at 7:45 p.m. Carolyn Arnold, Secretary AJackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 Staff Report Rezoning Request Applicant: Okeechobee County Board of County Commissioners 03-001-R Preparedfor: 7he City of Okeechobee Staff Report 0 Applicant: Okeechobee Board of County Commissioners 0 Rezoning Request Petition No. 03-001-R Petition Number: 03-001-R Owner: Okeechobee Board of County Commissioners Owner Address: 304 NW 2 d Street Okeechobee, FL 34972 Owner Phone Number: 863-763-6441 Future Land Use Map I Multi -family, Commercial I Public facilities Classification Public facilities Zoning District Commercial Professional Public Use (PUB) Office (CPO) Use of Property Government office, vacant New Court facilities to be demolished Acreage 2.17 Density NA NA Access See attached site plan See attached site plan Location: 312 NW 3 d Street Legal Description: Lots 1-12, Block 125, Okeechobee subdivision, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County Florida. Request: The applicant wishes to change the property's zoning from Commercial Professional Office (CPO) to Public Use (PUB) in order to allow construction of a new courthouse. Note: This petition is a companion to Petition 03-01-SSA a small scale amendment to the Future Land Use Map, requesting a change from Multi -Family and Commercial Future Land Use Categories to the Public Facilities Category for property located in Block 125. A Special Exception, 02-005-SE, was also approved to allow the courthouse to exceed a height of 45 feet up to 62.8 feet in height. {PAGE I Staff Report 0 Rezoning Request Applicant: Okeechobee Board of County Commissioners Petition No. 03-001-R Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single Family and Public Facilities CPO Residential and business Commercial and Multi -Family CPO Church and vacant property Public Facilities PUB Courthouse Commercial and Single Family CPO Business This request, if approved, will allow Okeechobee County to construct a new courthouse facility to augment the existing, historically significant building located to the south of the subject site. The existing courthouse will be renovated and likely will continue to provide some court functions and perhaps will house other county government offices. The proposed site plan shows that the County also proposes to close NW 3 d Street between the two city Blocks on which the proposed and the existing courthouses are located, and will increase the amount of on -street parking around the facilities. I Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The application is consistent with requirements of the City's Comprehensive Plan. The remaining traffic and parking impacts may be addressed prior to Final Site Plan Approval. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. The proposed use is specifically authorized under the requested rezoning. {PAGE ) 0 0 Staff Report I Rezoning Request Applicant: Okeechobee Board of County Commissioners Petition No. 03-001-R 3. The proposed use will not have an adverse effect on the public interest. The proposed will not have an adverse effect on the public interest. There are some concerns regarding traffic conflicts and the proposed closure of NW 3 d Street, but such issues have been addressed during site plan review. Staff will require the applicant to submit any required impact analyses and address these issues. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The new courthouse facility is compatible with the existing historic courthouse and adjacent land uses and will not create any isolated and unrelated zoning district. There will be little negative impact to the urbanized area. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use will not adversely affect property values of adjacent or nearby properties, and should help development or redevelopment of nearby properties. 6. The proposed use can be suitably bufferedftom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The proposed use will encompass two city blocks, Block 138 (existing courthouse) and Block 125 (subject property), by creating a courthouse campus with open area between the old courthouse and the new one if the proposed site plan is approved. The resulting setbacks and buffer yards will exceed the required yards of the Land Development Code. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use will not create any density problems that would overburden any public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affectpublic safety. The applicant's proposed site plan will require closure of NW 3 d Street diverting some traffic onto other streets and around the proposed courthouse campus. The applicant also proposes to place 341 parking spaces on the surrounding streets and only 33 spaces on site. These features could result in impedance to traffic flow due to cars backing onto the *street, and possible turning conflicts at major intersections. Regardless, these potential impacts are being addressed at site plan (PAGE I ClTY OF OKEECHOBEE I Date la?- )+0;)- Petition No. 0-�,- Od z Ueneral Zzervices DeparE ent Jurisdiction: 55 SE Third Avenue +h Okeechobee, FL 34974 Fee PaiJ 00 Notices Mailed: �,hn Phone: 863-763-3372 lst Hearing -)CLn - 5(619 0001--j 2nd Hearing: 4 0003 FAX: 863-763-1686 4h 1_cD ()4,h rk Piihliryitinn Dateq- _r111jTr,1j) Unfform Land Use Appfication (Flease attach separate sheets for required additional infonnation) See ResolutionNo. 98-10:1'TROOF OF INTEREST IN PROPERTY- forrequired additional information. E. I Name of property owner(s): Okeechobee County Mailing address: 304 NW 2nd Street; Okeechobee, FI. 34972 0*4'1 Property address: 312 NW 3rd Street Name of applicant, if other than owner (state relationship): George I ong, County Administrator Te1anhnnC_nUnjbzrQ- T-Tnmf-.- Mohile/rp.11- w.-j[_.7,-63-644l Pncrt-.r- PLEASE ATTACH LEGAL DESCRIPTION See Resolution No. 98-10:2'TROPERTY SURVEY AND LOCATION MAP" fcvf ' re-quired additionalitiformation. Future Land Use Map designation: multi-famil , c6mmercial Current Zoning Classification: (CpO) I Public FaciYities ,:P'o . I Approximate acreage or square feet- acres Part of platted subdivision? Yes Type and gross area of any existing non-residential uses On site: Traffic Division of Courthouse Number and type (conventional, manufactured home, etc.), gross area of any existing dwelling(s) on site-: Being demo Dimensions, gross areas, and percentages of total land use of any exis;tizig public areas, reservations, buffers, open spaces, water retention lakes and recreational uses on site: N/A Is there a current or recent use of the property that is/was a violation of City Ordinance? 0 Yes IN No If yes, please describe: Have there been any land use applications concerning all or part of this property in the last year? M Yes 13 No If yes, indicate date, nature, and applicant's name: Special exception approved October 29, 2002 for courthouse with height exceeding 45 feet; Okeechobee County, applicant Briefly describe use of adjoining property: North: residences and businesses Fast church and vacant property South: e I xi.sting courthouse... West businesses Check type of application, complete appropriate sections, and sign reverse side of application. See Resolution 98-10:4 "STATEMENT OF USF'for required additional information. Proposed Zoning Classification: Public Use (PUB) If pXanted, will the proposed zoning classification be contiguous with a like zone9 Yes a When development is proposed, see Resolution 98-10:9'TNVIRONNENTAL ANALYSIS" 10'TLJBLIC FACILITY N IMPACT ANALYSIS", and 11 "SIGN PLAN'(where applicable), for required additional information Veq rl (Over) r-1 -vr-!7 M Nn For Special Exception Applications, ask for Section 700 "SPECIAL EXCEPTION USE REGULATIONS" of the City of Okeechobee Unified Land Development Coda for required additional informatiom Describe the intended use requiring a Special Exception; Provide specific LDR ordinance section number and page number: See Resolution 98- 10: 10 "PUBLIC FACILITY "ACT ANALYSIS" for required additional infonnation. Supplementary supporting informatiori: Z How the intended use meets the standards in the Unified Land Development Code §253-2: H Liemonstrate that the proposed location and site is appropriate for the use: Q Demonstrate how the site and proposed buildings have been designed so they are compatible with X W- the adjacent uses and the neighborhood: .J1 Demonstrate any landscaping techniques to visually screen the use from adjacent uses. Demonstrate what is proposed to reduce the impact of any potential hazards, problems, public AW nuisance generated by the use: Demonstrate how utilities and other service requirements of the use can be met Demonstrate how the impact of traffic generated will be handled off -site and on -site: Describe the Variance sought: Supplemental supporting information: Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site: Specify the minimum variance requirement including: height, lot area, size of structure, > I size of yard, setback, buffer or open space: Details of administrative decision under appeal, including name of individual issuing decision, date of issuance, and writt-en copy of decision: Reasons for requesting appeal of decision: Supplementary supporting information: CONFUMANION OF INFORMATION AccuRAcy I hereby certify that the information on this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to five hundred dollars (S5 00. 00) and imprisonment of up to thirty (3 0) days and may result in the summary denial of this application. —V-� ,— k. d — J �7 /I R //) Signature Date Rev- 8/00 0 Okeechobee County Courthouse Expansion Project Blocks 125 and 138 City of Okeechobee Request for a change in zoning from Commercial Professional Office (CPO) to Public Use (PUB). Statement of Interest in Property TheBoardof County Commissioners is the owner ofLots 1-12,Block 125, Okeechobee subdivision, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. The Board of County Commissioners also is the owner of adjoining property described as Lots 1- 12, Block 138 and Lots 1-6, Block 157, all in Okeechobee subdivision according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. The Board of County Commissioners County is represented in these land use proceedings by County Administrator George A. Long. V, 00001485 WPD 0 0 Okeechobee County Courthouse Expansion Project Blocks 125 and 138 City of Okeechobee Request for a change in zoning from Commercial Professional Office (CPO) to Public Use (PUB). Legal Description of Property Legal description of the property for which Okeechobee County is applying for a change in zoning: Lots 1- 12, Block 125, Okeechobee subdivision, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. 00001485.WPD 0 0 Okeechobee County Courthouse Expansion Project Blocks 125 and 138 City of Okeechobee Request for a change in zoning from Commercial Professional Office (CPO) to Public Use (PUB). Resolution 98-10, Information 4, Statement of Use Statement of special reasons and basis for the request Okeechobee County intends to construct new court facilities to augment the existing, historically significant building. The existing courthouse will be renovated and likely will continue to provide some court functions and perhaps will house other county government offices. Because the City of Okeechobee is the county seat, it is important that the courthouse, including the new court facilities, remain in the downtown area. The new court facilities will include athree-story, state of the art building that will incorporate architectural features of the historic courthouse. The existing and new court facilities, each on an entire city block, will form a judicial center for the county that will be unified by function, architecture and landscaping. The property on which the new facilities are proposed to be located is zoned Commercial Professional Office (CPO). As the new court facilities will be for government use, a more appropriate zoning classification for the property is Public Use (PUB) Intended use, nature of activities and development of property The new court facilities include a 72,922 square -foot building, proposed to be constructed in the heart of the city's business and office district. The new court facilities will house most of the court functions currently operating from the historic courthouse. In addition, the offices of the state attorney and public defender will be relocated from their current location at the County Annex on NW 5'h Avenue. The three-story building housing the new court facilities will be located in the center of an entire city block, immediately to the north of the historic courthouse. The site will be developed with on -street parking surrounding the new facilities, and the entire two -block judicial center area will be landscaped. Future plans include two more buildings to be constructed on the east and west side of the judicial center to house additional court or county government operations. Existing uses of surrounding property The subject property is in the city's office district. To the north are two residences and a business. To the cast are a church and vacant property owned by the church. To the south is the existing, historic courthouse. To the west are two businesses. Professional offices and county government buildings predominate throughout the entire area. 00001496 WPD 0 ti, 3 8 PAGE 0 5 11 Prebared ttit and return tff. Dccuffwby Stamps paid In ths amount a' JOHN 0. CASSELS, JR. Attorney at Law C-88018 & McCall Class C Inionlible T- Paid In the P.O. Box 988 400 NW Second Street at $- 0 - Okeechobee, Florida 34973 mn ROWIM Cl" of Circuit Court 363-763'3131 Florida File No.: 9208 Parcef Identification No. 3-15-37.35-0(110-01250-0010 Ddsl (Space Above This Line For Recording Dotal Warranty Deed (STATUTORY FORM - SEC71ON 689.02, F.S.) This Indenture made this Sth day of May, 2000 Between MARY LINDA UTT and GARY W. UTT, her husband whose post office address Is 311 NW 3rd Avenue, Okeechobee, Florida 34972 of the County of Okeechobee. State of Florida, grantor, and OKEECHOBEE COUNTY, a Political Subdivision of the State of Florida whose post office address Is clo Cassels & McCall, 400 NW 2nd Street, Okeechobee, Florida 349T2 of the County of Okeechobee, State of Florida, grantew, Witnesseth that said grantor, for and In consideration of the sum of TEN AND NO/1 00 DOLLARS ($10.00) and other good and valuable considerations to sold grantor In hand paid by sold grantee, the receipt whareoffs herstry acknowledged, has granted, bargained. and sold to the sold grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being In Okeechobee County, Florida, to -wit. LOTS 1, 2, AND 3, BLOCK 125, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to restrictions, reservations and easements of record, It any. - - and said grantor does hereby fully %varrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. ..Gmnior' and "Grantee" am used for singular or plural, as contest requires. In Witness Whereof, grantor has hereunto sat grantor's hand and seal iho day and year first above written. Signed, sealed and delivered In our presence: M A A - .N011-9 WN - State of Florida County of Okeechobee 9-A! IU64 I& (Seal) 2�(Se.Q TA"Awav' The foregoing Instrument was acknowledged before me this Sth day of May, 2000 by MARY LINDA UTT and GARY W. — UTT, who U are personally �nown or U have produced as Identific n 11 r I f)L [Notary Seaq Notari Pu Pri plic nted Ngmw. 41�n v,*kn Am NarARY Pull= grAT11 OF ROM CONVOMPI NO. ccs"1123 My Commiesion up-Irefi: my commisswN VM. my 'I-,= FILED R."'. RECORD OKE[ 01!'PU CO. FL. 331011 00 MAv -� AM 11! 313 SmAki ' %il '! � " " T SOH CL 4k A ` �)UWT ORO 4 4 6 Ilia 1 3 Bit JOHN D. CASSELS,JR. Docu,rlc"i4,y,,, ,A,Tlps Attorney at Law P.11:j in Ilu? '111luuIll of $ —,— Cassels & McCall Cl�,'s C 1-11 lancl 6V -, W -;t- P.O. Box 969 400 NW Second Street i.- Of$—.- 1 -X 0,,kxlllt Okeechobee, Florida 34973 Sharon Robe,L.,", et, , 863-1133-3`131 Okoccli.t'n. r . . - 1 ;1, rcul a I count "unly. File No.: 9412 l luna a By: e�;� Grantee S.S. No. Z144114f&�, D.C. Date.. - Z, P3rcel Identification No. 2-15-37-36-0010-01250-0040 rSpecs Above This Line For Recording Datal R� Warranty Deed J> oc. (STATUTORY FORM - SEC-MON 689.02, F,S.) This Indenture made this 20th day of November, 2000 Between MARLENE CURLEY, a mingle person whose post office address Is CIO TOM W. CONELY, III, P.O. Drawer 1307, Okeechobee, Florida 34973 of the County or Okeechobee, State of Florida, grantor*, and Okeechobee County, a political subdivision of the State of Florida whose post offics address Is 304 NW 2nd Street, Okeechobee, Florida 34972 of the County of Okeechobee, State of Florida, grantee', Witnesseth that said grantor, for and In consideration of the sum of TEN AND NOIIOO DOLLARS ($10.00) and other good and valuable considerations to said grantor In hand paid by said grantee, the receipt whereof Is hereby acknowledged, has granted, bargained, and sold to thei said grantee. and grant"'s heirs and assigns forever, the following described land, artuats, lying and being in Okeechobee County, Florida, t"IL' LOT 4 AND THE E 112 OF LOT 5, BLOCK 125, OKEECHOBEE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT 1300K 6, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THE ABOVE DESCRIBED PROPERTY 13 NOT NOW, NOR HAS IT BEEN IN THE PAST, THE HOMESTEAD -OF THE GRANTOR. Subject to restrictions, reservations and easements of record. If any. and said grantor does hereby fully warren' the Ittle to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness WIhereof, grantor has hereunto set grantor a hand and seal the day and year first above written. Signed, sealed and delivered In our presence: r .- . Witness Nams:' &M MARLENE CURLEY C01 . INT Y, FL 345226 SHARON ROBERTSON CLERK OF CIRCUIr COURT State of Florida County of Okeechobee The loyIng Instrument W83 acknowledged before me this& day of November, 2000 by MARLENE CURLEY, who'. . W personalty known or LJ has produced as Idantikation. (Notary Small WX ik ddg� y I Mycalhosamleassiterr Weak, D-6. tZ asa N, ry "c 7 �rinted Name: IYA6 C-16A),ahl MY Commission EApInr3: a W ORO oil ti, 3 6 PARL I Z 59Vby and return to Documenury Stamps paid In the amount of CASSELS, JR. $ .;7e2 Attorney at Law �;;am C. Intantilible Tax paid in the amount Cassels & McCall of$ P ' o. Box 908 400 NW Second Street Sharon Robertson. aark of Circuit Court G�,echobao, Florida 34973 Okeechobys County, Flat I 863-763.3131 File No. 2120 By! /�& 6 D.C. CM4-- 1/-2--2&�0 Grantee S.S. No. Parcel identification No. 3-15-37-35-001041250-0080 [Space Above This Line For Recording Datal Warranty Deed (STATUTORY FORM - SECTION 699.02. F.S.) This Indenture made this 3rd day of April, 2000 Dchvccn JERRY M. KEMP and BRENDA S. KEMP, his wife whose post affice address Is laO8 NE 39th Blvd, Okeechobee, Florida 34972 of the County of Okeechobee, State of Florida, grantor', and OKEECHOBEE COUNTY. a political subdivision In the State of Florida whose post office address Is c/o Cassels & McCall, 400 NW 2nd Street, Okeechobee, Florida 34972 of the County of Okeechobee, State Of Florida, grantee', Witnesseth that sold grantor, for and In consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to said grantor In hand paid by said grantee, the receipt whereof Is hereby acknowledged, has granted, bargained, and sold to the sold grantee, and grRntee'3 heirs and assigns forever, the following described land, situate, tying and being In Okeechobee County. Florida, to -wit LOT 6 AND THE WEST 1/2 OF LOT 5, BLOCK 125, OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. Subject to restrictions, reservations and easements of record, If any. and said grantor does.hereby-fulty. warrant-the-tifie to said -land, -and will defend the same against -lawful claims Of all persons whomsoever. . G..W ard.Gft.. .. ed fm shVular a pkffak as wntext requi— In Witness Whereof, grantor has hereunto set grantor's hand I the day and year first above written. Sign and delivered In our presence: Sea]) �- te4 Ams r -n rexn a--,- `cUER�7y VKEMP y . I � i/ Pde 11�az.� -'6- If ?Le r---e, (Seal) BRENDAS.KEMP' State of Florida County of Okeechobee The foregoing Instrument was acknowledgedd-fore me this 3rd dqy f April 2000 b JERRY M. KEMP and BRENDA, I S. KEMP, who L re fly gown ' or Y LJ have produced (Notary S. I] IN.-1- comMUSION NO. C-66M MyC0MM5SWNECr.' ULY11200 F11 F n'f-oq� Coj?,) 33 5 6 0 A ()KII 0. FL 00 4111�, -1 pf! I— nq kcnil R rso, r:LERK ol' GUUR- r.Lfn - f3 1 'A 425 2 2 4 This 10arranty Deed �i I,. I,,. 17th ,I DECEMBER 82 1,, TOM W. CONELY, III and EVA MAE CONELY, his wife h"n"anit', ­11111 I/a, w far ,, OKEECHOBEE COUNTY, a Politicnl Subdivision of the State of Florida ,..I e I addl-, i, 304 Northwest Second Street, Okeechobee, Fla. 33472 hen-inaller ... ....... a ........ lerali it.,. ,,a, of s 10.00 1 all", I It .4 .. 14.. 1 1 11 17 Ilrou, ania it oil It I ­f I,- -4-0keechobee Conall, Floral.. -it. Lots 7, 8 and 9 of Block L25, OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17 of the Public Records of St. 'Lucie County, Florida copy of said plat being recorded in Plat Book 1, Page 10 of �he Public Records of Okee— chobee Counrv. I , Florida. SUBJECT TO restrictions, reservations and easements of record, if any. 0A f A !';I V i AX I FILED FOr RECORD OKEECHOBEE COWIT Y. FLA L i 2 2 5. 0 1) 15 1 1 a3 198Z DEC 17 PH Q- I a Together .,Ill. it the I__n, he_111—ent, and pp- CLIF 8 *TTS j'� ppen,sinjorl. tLM-6F1Mftib;i9"- — '- --I- To Baue and to Rold, the f—a— Rnd 11-1 h­b, lal-en-1. -411, aid annalee that The 'Insnin, I. I-a-faIN -i-ed f ..id load I' fee O-Pl­ lhol Ih, h- flood naht and 6,4uI alholiN to sell nd -'a-ey aid [.ad: Ili "' 'he amnlor he-l- /"'IT 11-1 fill, In laid land --,I a,III 4,-f,,,d the aaa; q.ino the I.infut aI ,11 Penon'. ad Ih.f aid land is free of all enrionlim—m. -pi taxes a—ino sulneq.."I 1. T)--b,, it, to 81. 'a 10'tneSS 1yhtrr0fIh­-.Id far has lifl—al -or/ ,.led the,, presents the day find ve., fl.1 h .... rillen. Signe'l. ­61 .119 df�tfaered I,. I,- ­re- STATF I IF FLORIDA is— '0. COUNTY OF OKEECHOBEE HERFRY CERTIFY h., on Ihi. d�y. h�f­ so mr,­ aw, 'i"d in 'he 51— 0--id ­d in h, C—n., .1--al 1. 1.k, _1inix—L, Tie—Ily Aprmr,d TOM W- CONELY, III and EVA MAE CONELY, his wife I- r kn..n a, 1. h, p,,--s �n ­1 h.. --.-I I., f—tni.4 in-...., nd each ek­d,dqd b,f— — I... they ,--d he ann, WTI* ."EM-sat, h-fal ad drki.l A . 'k, C ....... ­d 1", 1 -.1d h,, 17th ,D]ERMBFR , , A. D. 19 82 -y—A hl, hImn—n/ by "rU" TOM W. CORE 207 NW 2nd st reet 25.2 246 Okeechobee, F I zi , � !4 72 Documentary Stamps paid in the amount Of C:) $ G) ly and return to: CASSELS, JR. Clan C Intangible Tax paid Ili the amount C, Attorney at Law Cassels & McCall at$ Sharon Robertson, Clerk of Circuit Court P.O. Box 968 400 NW Second Street Okeechobee County, Florida Okeechobee, Florida 34973 By: Qd,,i;L A I R Jif D.C. 863-763-3131 File No.: 9328 Date. f- I - ;I.., Grantee S.S. No. . Parcel Identification No. 3.18-37-3.11-0010-01250-0100 (Space Above This Line For Recording Data) Warranty Deed (STATILITORY FORM - SFCTION 699.02, F.S.) This Indenture made this 31st day of October, 2000 Between R.H. BARBER, a married man whose post office address Is P.O. Box 2430, Okeechobee, Florida 34973 of the County of Okeechobee, State of Florida, grantor*, and OKEECHOBEE COUNTY, a political subdivision In the State of Florida whose post office address Is 304 NW 2nd Street, Okeechobee, Florida 34972 of the County of Okeechobee, State of Florida, gr2ntee*, Witnesseth that said grantor, for and In consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor In hand paid by said grantee, the receipt whereof Is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being In Okeechobee County, Florida, to -wit LOTS 10, 11 AND 12, BLOCK 125, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THIS PROPERTY does not constitute the homestead of the Grantor. Subject to restrictions, reservations and easements of record, If any. and said grantor does hereby fully warrant the title to said laqd, and will defend the same against lawful claims of all persons whomsoever. ..Gau4or� and *Grantee am used for singular or plural. as conted requires. In Witness Whereof, grantor has hereunto set grantoes hand and sea:1the day and year III tabovawritten. Signed, sealed and delivered In our presence: (Seel) Witness Nime' ff K9 j2W tlh"!�v R.H. BARBER Tog I'L4 eWX&ylC- State of Florida County of Okeechobee Th foregoing instrument was acknowledged before me this .7L_ day of October, 2000 by R.H. BARBER, who 011. personally known or LJ has produced as identification. [Notary Seal] flpm% EVA MAE GONELY Notary PuJIC Printed Name: MY CMUAISSMM I M 5 I My Commission Expires: DOM: 01surtor 12,= FILED FOR kECORD OK EECHO-l!'r COUNT Y. Ft. 344450 2000 NP - I PF 17: 5, 7 C �, 4.0, 0 e) �, 0 " :�-' %o,� L E R A U: . , " 1-i . y u I /-U I - Iu . 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Z P 7 8 9 a 1+�'9 11011�12 j L A- G L E 1 6 5 4 3 2 1 6 5 4 +11 6 5[41+11 6 5 4 3 2 1 6 5 [4j 3] 2 1 911'i 10 1 1718 �'911101112 7 011121 1 7 8 '1 11 �l 21 17 8 �'qji 11 �l 2 11 � 1 1 H � 1 12 SW 2ND ST 7 EE '12% 16 ��514] 31 1 1 1+�4 3j 2 1 1 6 � 5 �4j,3 � 2 � 1 +[4-J3 +1 [j5 4 3 2 1 2 1 2 11712 10�11112 '171819 17 j'(D"1jOt1ljl2j 17 1 8 1 ig /'10'1 11121 17 8 9 llolllT2 L8 Surrounding Land Uses House Vacant House 0) Offices House 0) Dunklin Rest Home Office 3 IN. :McAlpin a -Pro Med Clinic :Cavalcanti 0) Wright OMD-> ------------------------------- :Lewis CPA > > Block 105 Block 106 Block 107 Seniors :Okeechobee Fulford "R" Able :Professional House House House Appraisals Okeechobee Rehab ,Building z z NW 4th St. NW 4th St. Florida Community Farm Health Center Bureau V A C A IN T Insurance (Episcopal Church) New Block 126 Block 125 Block 124 Courthouse Dorothy's Close Construction Pastors Episcopal Hair Studio Offices Residence Church NW 3rd St. NW 3rd St. LBFH :A.M. :Atlantic Vacant Fellowship Engineers :Close :Reporting Hall :Court :Reporters Existing Block 137 Block 138 Block 139 Breakthrough Courthouse Recovery ---------- lRobertson :Cassels and Vacant First Methodist Appr :McCall Attorneys Church Kennedy Atty NW 2nd St. NW 2nd St. Vacant Multi -bay 4) Teen Elections Old Offices Parking Lot Garage =1 Town and Fire (Vacant) a Parking Dept. C -Conlon 0) 0) Barber-> Block 158 Block 157 Block 156 small bldg. Gilbert Oil Furniture V Building Store Vacant Wherrell's Offices Office (Vacant) Auto Parts z z if 00001342 BASSWOOD 3 ENCHANJE ESTATES 5 WHISPERING 2 FORE T NW 39 CIR 4 PINES ahW3 THST > �71 N 'T CHAMBEI > �2 Mow -;-"T 3 A A A m m 41 11 32 ST 1�.' z Ir -ST N S NW 30 LA > OKEECHO 'LA,. ND 0 E ODE 9PORTS C11 z c'! 10 44 77 24 NW 23 zll'!'. Olen ve IN 22 k mm nit �N A 21 L 441 C leg 4W W 2 NW 20 LA z RODEO ARENA HOSPITAL 0 N 18 z ST mw 17 1 T � LI- 5 W 16 T > > C > w Is N..Ing CE TER INDU z I Ic PARK NW 91 H- DE N T> Clinic my udl CO�Scm, DO GTS 700 T N ST NE 13 ST NE IS ST PARK -- H , F > FNW -14 EM ST 10 98 N N El JL ST E NIN I ST"H 11- NE > ,JOKEECHOBE [po 11 CSx Ill 6 11 u N RTATIO N 8 S N . w . a . 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I[!-- N - jShopping Center ST ST Ell se 9 R 1 ST qp Sw 32NDI SEMI 0 NOLE C TATES 6 DR cl Ok -b-- HERITA( > %17 Liz �LAGE I pleza pla > sw 11-19 ST 15 35 The Oke*hobee News P.O. Box 639, Okeechobee, Florida 34073 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of 0 4, �? V ut in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of N__ _� Vr1_W3 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. I ooto an'dsub6ibed before me this -7 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida, will on Tuesday, February 18, 2003 at 6:00 p,m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Avenue, Okeechobee, FL conduct a PUBLIC HEARING on and thereafter to consider final reading of the following Ordinance into law: NO.814:AN RDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFI- CIAL ZONING MAP OF OKEECHO- BEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICU- LARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFES- SIONAL AND OFFICE (CPO) ZON- ING DISTRICT TO PUBLIC (PUB) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDING- LY, PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFEC- TIVE DATE. This ordinance pertains to RE- ZONING Application No. 03-001-R by Okeechobee Board of County Commissioners. The request Is to REZONE Lots 1 to 12 of Block 125, City of Okeechobee �apptoximately 2.17 acres) from ornmercial Professional Office to Public Use. All members of the public are en- pouraged to attend and participate in said hearing. The proposed Ordi- nance may be inspected in its en- tirety by members of the public in the Office of the City Clerk during re ua, business hours, Monday - F da 1, 8 a - 4:30 p.m., ex- 9 ri 00 m' cept or holidays i 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 hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceed- ings is made, which record in- cludes 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, In accordance with the Americans with Disability Act (ADA) and Flori- da Statutes 286.26, persons with disabilities needing special accom- modation to participate in this pro- ceeding should contact Lane Gami- otea no later than five (5) working d s r . o to the proceeding at 'M) (8 431(-r3372, extension 215, if hearing or voice impaired, call TDD C863)534-7777 or Florida Relay vice 1-800-955-9770. Lane Gamiotea, City Clerk 354557-ON 2/7/03 day o A.D. 20 of Florida at Lar Notary Public, State 'n i"( 7, m'!"10 Ir ..... . 0 ORDINANCE NO. 815 EXHIBIT 4 - FEBRUARY 4 AGENDA AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, AND SECTIONS 452 MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS, SECTION 454 REDUCTION OF PARKING SPACE REQUIREMENTS IN COMMERCIAL DISTRICTS AND 474 OFF-STREET PARKING SPACE REGULATIONS INSTITUTIONAL USES; PROVIDING FOR INCLUSION OF PUBLIC USE REGULATIONS; PROVIDING FOROFF-STREET VARIANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations, and included requirements for parking and loading; and for off-street parking, in various zoning or use districts within the City; and WHEREAS, upon review of same, the City of Okeechobee, through staff analysis, has determined that public use or public facility future land use districts should be specifically addressed within these regulations; and WHEREAS, the City of Okeechobee has determined that setting forth specific parking and off - site requirements for public uses are in the best interests of the City of Okeechobee, and an appropriate and necessary promulgation of its authority; Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. Sections 452, 454 and 474 of Ordinance No. 716 be amended as follows: 462 MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS I The number of spaces may be increased, decreased, ro deferred by the City Council when: a A parking study demonstrates that the proposed use would have a demand in excess or, or less than, the requirements of these Regulations. b A parking study demonstrates that the hours of need for maximum parking for two or more joint uses do not normally overlap. c A building is in an historic district or is of historic interest. d A building in a the Commercial, Central Business District, -or Public Use Zoninq Cateqories. Items 2 through 5 in Section 452 remain the same. 464 REDUCTION FOR PARKING SPACE REQUIREMENTS IN COMMERCIAL DISTRICTS 1 In Commercial, Central Business, and Public Use, zoning districts, City Council may reduce the number of parking spaces if the Technical Review Committee finds that there is a surplus of on -street parking in the immediate vicinity of the proposed use that is not required by other uses., or that the armlicant has Drovided sufficient off-street Darkina bv alternative means. such as but not limited to a Darkina aaraae. or Language to be added is underlined Language to be deleted Is struelt through Page I of 3 adeauate parkina lots adiacent to the proposed use. 2 City Council may require the applicant to provide a parking study, or evidence of ownership or lease of alternative off-street parkinq, and may attach conditions to an approved or alternative parking space reduction. 3 In the CBD the number of parking spaces shall not be reduced by more than 80 percent from that otherwise reauired in these reaulations. 4 In ethe Commercial zoninq districts the number of parking spaces shall not be reduced by more than 20 percent from that otherwise reauired in these requlations. 6 In Public Use zonina districts, the number of Darkinq spaces shall not be reduced bv more than 50 percent from that otherwise reouired in these reaulations. 474 INSTITUTIONAL USES (OFF-STREET PARKING SPACE REGULATIONS) Government office, Courthouse or other Public facilities Place of public assembly or worship Hospital Nursing Home Junior High School Senior High School College Day Care, Pre School, Nursery 1 per 2W 400 square feet of net floor area 1 per 3 persons in main auditorium 1 per bed 1 per 4 beds, plus 1 for each employee at max shift 3 per classroom 1 per 6 students, plus 1 space per staff member 1 per 3 students, plus 1 space per staff member 1 per 5 students, plus I space per staff member In lieu of student parking, day care, preschool and nurseries may provide an off- street drop off and pick up area. Reauired Darkina for ciovernment office, courthouse or other i)ublic facilities shall be calculated usinq net usable floor space. Such net space shall be calculated bv excludina from souare footaqe computation such space as mechanical, service. atrium, lobbv and storaqe spaces. The areas used or covered bv furnishin-qs, office eauipment. partitions, or other items used within usable floor area shall not be excluded from such computation. Usable floor area shall be considered net space. and would include those areas such as offices, waitinq and assemblv areas. courtrooms. conference rooms. iury rooms. restrooms. hoidina cells. and aeneraliv all space wherein DeoDle mav meet or assemble to conduct the reqular business of the facilitv. SECTION 2. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILrry If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTIONS. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. Language to be added is underlined Language to be deleted is StFuelt through Page 2 of 3 INTRODUCED for first reading and set for final public hearing on this Vh of Februarv, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this I 8th day of February, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is struelt thfough Page 3 of 3 0 AGENDA I IV. NEW BUSINESS CONTINUED. B. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend Section 390 Central Business Zoning District, more specifically Section 395, Additional Regulations. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend Section 452 Modification of Parking and Loading Space Requirements. January 28, 2003 - Land Planning Agency - Page 3 of 7 SS16N - VOTE ACT- ON- biSCO'i-ki Attorney Cook explained that in the Commercial Business District zoning there is a zero setback and due to this it is near impossible for any business to comply with the additional regulations. There was discussion regarding the purpose of the citizen boards if this amendment was granted. It was also discussed about the intentions of the citizen boards and was it not their responsibility to make something impossible become reasonably attained. Attorney Cook suggested that if the Agency feels this should be granted but is not comfortable with the wording they can recommend that to the City Council. There was no public comment. There was no further discussion from the Agency. Agency Member Hoover moved to recommend to the City Council to grant approval but, allow for more definitive wording. Agency Member McCoy seconded the motion. VOTE HOOVER -YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. Attorney Cook explained that the intent of the amendment was to add Public Facilities zoning district to the existing Commercial Business District. There was a brief discussion about if there were any concerns the City Council can order a parking study to be completed. It was stated that an applicant would still need to comply with other regulations within the zoning district There was no public comment. There was no further comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval of Land Development Regulations amendment to Section 452. Agency Member Hoover seconded the motion. AGENDA' IV. NEW BUSINESS CONTINUED. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's) continued. OD- Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend Section 454 Reduction of Parking Space Requirements in Commercial Districts. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend Section 474 Off Street Parking Space Regulations, subsection Institutional Uses. January 28, 2003 - Land Planning Agency - Page 4 of 7 ACTION - DISCUSSION - VOTE VOTE HoOVER-YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. Attorney Cook explained that he has spoken with Mr. LaRue's office as well as the County's Planning Director and feels that this amendment will benefit everyone. � There was no public comment. The there was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 454. Agency Member Keller seconded the motion. VOTE HoOVER-YEA JONES - YEA KELLER - YEA LEDIFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. Mr. Donald Murray of LaRue Planning and Management Services explained that the courthouse should be added to the government offices because the uses are equal. He further explained the additional change from floor area to net floor area and feels this was in the best interest for the City. There was no public comment. There was no discussion from the Agency. ,V 0 0 AGENDA 11' -1 IV. NEW BUSINESS CONTINUED. ZE.) Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's) continued. F. Consider amending Volume One of the Unified Land Development Code (Land Development Regulations - LDR's). The proposed will amend Section 754 Change or Transfer of Nonconforming Use or Structure. January 28, 2003 - Land Planning Agency - Page 5 of 7 ACTION DISCUSSION �-- VOTE Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 474. Agency Member Hoover seconded the motion. VOTE HOOVER - YEA JONES - YEA KELLER - YEA LEDIFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. Attorney Cook explained that in May of last year this was initially changed. The purpose then to change this section was to make certain that several nonconforming uses disappear. Prior to the change you could continue a nonconforming use and structure but not intensify it once the property was sold. With this wording it would allow for additions and revisions made to both residential and commercial uses and structures. There was no public comment. There was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 754. Agency Member Keller seconded the motion. VOTE HoOVER-YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. 0 The Okeectobee News 0 P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a YAA� A) 0-t-il,'c �L in the matter of 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, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. SW bed before me this 7 PUBLIC NOTICE CONSIDERATION OF ADOPTING . A CITY ORDINANCE PLEASETAKE NOTICEthatthe City Council of the City of Okeechobee, Florida, will on Tuesday, February 18, 2003 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Avenue, Okeechobee, FL conduct a PUBLIC HEARING on and thereafter to consider final reading of the following Ordinance into law- NO. 815: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 452 MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS, SECTION 454 REDUCTION OF PARKING SPACE REQUIREMENTS IN COMMER- CIAL DISTRICTS, AND SECTION 474 OFF-STREET PARKING SPACE REGULATIONS INSTITU- TIONAL USES; PROVIDING FOR INCLUSION OF PUBLIC USE REG- ULATIONS; PROVIDING FOR OFF- STREET VARIANCES; PROVIDING FOR AN EFFECTIVE DATE. This ordinance pertains to amending Parking Regulations as set out in the Land Development Regulations (LDR's). All members of the public are en- �ouraged to attend and participate in said hearing. The proposed Ordi- nance may be inspected in its en- tirety by members of the public in the Office of the City Clerk during regular business hours, Monday - Friday, 8:00 a.m. - 4:30 p.m., ex- cept for holidays. 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 hearing, such interested person will need a record of the proceedings,and for such purpose may neea to ensure � verbatim record of the proceed- ings is made,' which record in- cludes 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. In accordance with the Americans with Disability Act (ADA) and Flori- da Statutes 286.26, persons with disabilities needing special accom- modation to participate in this pro- ceeding should contact Lane Gami- otea no later than five (5) working das gior to the proceedin at (8 3) (63-3372, Wension 211; if hearing or voice impaired, call TOO �863)534-7777 or Florida Relay ervice 1-800-955-9770. Lane Gamiotea, City Clerk 354558-ON 2/7/03 day Qf vw�L�_� "-,N — A.D. 20 14 YV � 't �� Notary Public, State of Florida at LarAe., Cnjj j,, 1) 4t' C, 1'/, 2004 0 EXHIBIT 5 - FEBRUARY 4 AGENDA ORDINANCE NO. 816 AN ORDINANCE OF THE CITY OF OKEECHOBEEo FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 395 CENTRAL BUSINESS ZONING DISTRICT ADDITIONAL REGULATIONS, 754 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE, 758 EXTENSION OF NONCONFORMING STRUCTURE, 759 REPAIR OF NONCONFORMING STRUCTURE OR USE; PROVIDING FOR EXTENSIONS OF NONCONFORMING STRUCTURES IN CERTAIN INSTANCES; PROVIDING FOR REPAIR OF NON -CONFORMING STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City of Okeechobee, Florida has enacted Ordinance No. 716, known as the Land Development Regulations, which regulations address Central Business Zoning District Regulations in Section 390; and Nonconforming Uses and Structures in Section 750 thereof; and WHEREAS the City of Okeechobee, through staff analysis and examination of building permits has determined that a large percentage of the commercial zoning districts within the City of Okeechobee contain nonconforming uses and structures, which do not meet current building and zoning regulations and these district regulations; and WHEREAS the Land Development Regulations now provide for all such nonconforming uses and structures to become conforming to current regulations upon change in use or ownership; and WHEREAS it is determined that many of the commercial structures in the City cannot become conforming structures with reasonable diligence due to lack of parking, loading, on -site water retention, improper set -back of structures, and otherreasons, and the strict adherence to the current land development regulations would effectively prohibit the sale or transfer of the structure to a new owner or tenant; and WHEREAS the City of Okeechobee desires to enforce land use and zoning regulations in an effort to improve the aesthetics, and proper land use of its commercial zoning districts within the City, as an overall plan for future growth, yet also to accommodate the landowners who wish to expand or improve their commercial structures; and WHEREAS the City of Okeechobee determines that permitting certain limited extensions or improvements or repairs to nonconforming structures can accomplish the goals of the City in this regard, yet also permit the landowners some flexibility in the development and use of their commercial livelihoods; THEREFORE be it ordained and approved by the City Council for the City of Okeechobee, Florida, that: SECTION 1: Sections 395, 754, 758 and 759 of Ordinance No. 716, Land Development Regulations, be amended in the following respects: Language to be added is underline Language to be deleted is stmek thmugh Page I of 4 0 0 395 ADDITIONAL REGULATIONS (CENTRAL BUSINESS ZONING DISTRICT) The followinq additional requiations shall appiv to all uses within this district. In the event an armlicant cannot comr)lv with anv additional requlation due to the requirements in Section 394, such applicant may. in coniunction with the site Oan review bv the Technical Review Committee. request a waiver of anv such additional requiation. If the Technical Review Committee determines that the armlicant cannot comolv with the additional requlation due to circumstances bevond the control of awlicant, the Committee mav recommend to the Board of Adiustments to waive such additional requirement. Additional Regulations which shall apply to all uses include but are not limited to: 1 Concurrency Regulations 2 Parking and Loading Regulations 3 Landscaping Regulations 4 Sign Regulations 5 Accessory Regulations 6 Supplementary Regulations 7 Environmental and Stormwater Regulations 8 Utilities Regulations 9 Building Design Guidelines 764 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE 2. TRANSFER OF NONCONFORMING USE OR STRUCTURE In the event the underlying lands on which exists a nonconforming use or strueture within the City is we sold, assigned, or in any manner transferred from the nam ef. the record owme title holder of said lands, as such ownership is reeorded w reflected in the records of the Clerk of the G'reuit Court or Property Appraiser for Okeechobee County, such nonconforming use or struetufe shall not be permitted to be likewise be transferred, and said the nonconforming use of struetuf efeen shall then be bfought onto extinouish. and anv such future use of said lands shall be in compliance with all current ' . ft-of City Codes, and these fegulatiens land use and zoninq requirements. as set out in the district reQuIations awlicable to such use. In the event the underivina lands on which exists a nonconforminq structure is sold, assimed, or in anv manner transferred from the record title holder of said lands, as such ownershiD is reflected in the records of the Clerk of Court and Propertv Atmraiser for Okeechobee Countv, such nonconformino structure mav continue in the new owner, so lonq as the land is not a nonconformina use. and the nonconformin-q structure is not exr)anded or reDaired exceot as authorized in these reaulations. The transfer of such nonconforminq structure is further subiect to the requirement that the new owner must complv, to the extent reasonabiv Dossible. considerino the nature and confiquration of the structure. with all current codes. land use and zoninq requirements of the district reaulations aDDlicable to the structure. Language to be added is underline Language to be deleted is struek through Page 2 of 4 0 0 758 EXTENSION OF NONCONFORMING STRUCTURE Extension of Nonconforming Structure A nonconforming structure shall n may be enlarged, improved, or be brouqht up to current codes without concern as to whether the existinq nonconformitv deals with lack of off-street parkinq, or on -site water retention, excessive floor area. heiqht or landscapinq, as mav be otherwise required of a new structure in these requiations, so lonq as such development does not create a nonconforminq use in that district-, does not create a new nonconformitv as to Propertv line set- backs; and would not cause or create a siqnificant impact as to drainaqe. or parkinq and loadinq requirements * - ieF aS tO ------ — ------- --millf a I - - - - -­--------- 410MI 759 REPAIR OF NONCONFORMING STRUCTURE OR USE Repair of Nonconforming Structure A nonconforming structure may be maintained, repaired or altered., without concern as to whether the existino nonconformitv deals with lack of off-street parkinq. or on site water retention, excessive floor area, heiqht or landscapinq - as such repair does not create , so lonq a new nonconforminq use in that district; does not create new or additional nonconformitv as to Drooertv line set -backs: heiaht, or floor area, and would not create a sicinificant impact as to drainacie, or parkin-q and loadinq requirements provided sueh WOFk does not ineFesse the usable eubwe eenten'.- of hz &truaatu , of the eeverage I--.., 2 Reconstruction After Catastrophe A nonconforming structure or use but not nonconformina use. that is damaged or destroyed by any catastrophic means.L may be repaired and restored to a safe, sanitary and usable condition, so Iona as the structure was not totaliv destroved. and a development permit authorizinq such repair and replacement is issued and construction commences within twelve months of such catastrophe within 2 yewe-, provided the noneenfermityis not enlarged. 3 Reconstruction of Nonconforming Dwelling Notwithstanding the foregoing, a single family or two family nonconforming dwelling may be reconstructed or replaced within 2 years, so long as the reconstruction does not create new nonconformities, nor increase the extent of the existing nonconformities with respect to yards, floor area, coverage, height, parking or landscaping requirements. Except that in the case of a nonconforming mobile home, the replacement option is permitted only onetime on each lot. In the case of a nonconforminq mobile home, no replacement option shall be permitted. unless such replacement meets all current codes, land use zoninci and district reaulations. SECTION 2. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. Language to be added is underline Language to be deleted is StFuelt through Page 3 of 4 0 V SECTION 3. SEVERABILrry If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION S. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this oh of Februarv, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18`h day of Februarv, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underline Language to be deleted is struelt thmugh Page 4 of 4 January 28, 2003 - Land Planning Agency - Page 3 of 7 0 AGENDA IV. NEW BUSINESS CONTINUED. CB.) Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend Section 390 Central Business Zoning District, more specifically Section 395, Additional Regulations. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend Section 452 Modification of Parking and Loading Space Requirements. ACTION - DISCUSSION - VOTE Attorney Cook explained that in the Commercial Business District zoning there is a zero setback and due to this it is near impossible for any business to comply with the additional regulations. There was discussion regarding the purpose of the citizen boards if this amendment was granted. It was also discussed about the intentions of the citizen boards and was it not their responsibility to make something impossible become reasonably attained. Attorney Cook suggested that if the Agency feels this should be granted but is not comfortable with the wording they can recommend that to the City Council. There was no public comment. There was no ftirther discussion from the Agency. Agency Member Hoover moved to recommend to the City Council to grant approval but, allow for more definitive wording. Agency Member McCoy seconded the motion. VOTE HoOVER-YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. Attorney Cook explained that the intent of the amendment was to add Public Facilities zoning district to the existing Commercial Business District. There was a brief discussion about if there were any concerns the City Council can order a parking study to be completed. It was stated that an applicant would still need to comply with other regulations within the zoning district There was no public comment. There was no further comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval of Land Dev - elopment Regulations amendment to Section 452. Agency Member Hoover seconded the motion. I* is AGENDA IV. NEW BUSINESS CONTINUED. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend Section 758 Extension of Nonconforming Structure. <HD Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend Section 759 Repair of Nonconforming Structure or Use. January 28, 2003 - Land Planning Agency - Page 6 of 7 jiACTION - DISCUSSION - VOTTE­ Attorney Cook explained that the previous agenda ties into this section of the Land Development Regulations and to keep them consistent should be approved. There was no public comment. There was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 758. Agenc'y Member Hoover seconded the motion. VOTE HoOVER-YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. Attorney Cook explained that this section also ties into the two previous items and would be best to keep the Land Development Regulations consistent with approval of this amendment. There was no public comment. There was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 759. Agency Member Hoover seconded the motion. VOTE HoOVER-YEA JONES - YEA KELLER - YEA LEDIFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. ,V The Okee(tobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 PUBLIC NOTICE CONSIDERATION OF ADOPTING Published Daily A CITY ORDINANCE PLEASE TAKE NOTICE that the City STATE OF FLORIDA Council of the City of Okeechobee, Florida, will on Tuesday, February COUNTY OF OKEECHOBEE 18, 2003 at 6:00 p.m. or as soon thereafter as possi . ble, at City Hall, 55 SE 3rd Avenue, Okeechobee, FL Before the undersigned authority personally appeared conduct a PUBLIC HEARING on Judy Kasten, who on oath says she is Publisher of the Okeechobee and thereafter to consider final reading of the followini Ordinance News, a DAILY Newspaper published at Okeechobee, in Into law: NO. 816: AN I RDINANCE .OF THE CITY OF OKEECHOBEE, Okeechobee County, Florida; that the attached copy of advertise- FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT ment, being a REGULATIONS, PARTICULARLY SECTION 395 CENTRAL BUSI- NESS ZONING DISTRICT ADDI- TIONAL REGULATIONS SECTION -754 CHANGE OR TRASFER OF NON -CONFORMING USE OR STRUCTURE. SECTION 758 EX - STRUCTURE, SECTION 759 RE- PAIR OF NON -CONFORMING STRUCTURES IN CERTAIN IN - in the matter of STANCES; PROVIDING FOR RE- PAIR OF NON -CONFORMING '3 1, STRUCTURES; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. 4L This ordinance pertains to Non - Conforming Uses In the Land De- velopment Regulations (LDR's). All members of the public are en- couraged to attend and participate In said hearing. The proposed Ordi- in the 19th Judicial District of the Circuit Court of Okeechobee nance may be inspected In its en- brely by members of the public in County, Florida, was published in said newspaper in the issues the Office of the City Clerk during of regular business hours, Monday - Friday, 8:00 a.m. - 4:30 p.m., ex- cept for holidays. 'j 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 hearing, such interested person will need a record of the proceedings, and for such purpose m neea to ensure a verbatim recoryof the proceed- Affiant further says that the said Okeechobee News is ings is made, which record in - a newspaper published at Okeechobee, in said Okeechobee cludes the testimony and evidence upon which the appeal is to be County, Florida, and that said newspaper has heretofore been based. City Clerk tapes are for the sole purpose of backup for official published continuously in said Okeechobee County, Florida records of the Clerk. each week and has been entered as second class mail matter at In accordance with the Americans with Disability Act (ADA) and Flori- the post office in Okeechobee, in said Okeechobee County, da Statutes 286.26, persons with disabilities needin c al accom to p rt , sp I - Florida, for a period of one year next preceding the first modation a icpat: in this pro- ceeding should contact Lane Gami- publication of the attached copy of advertisement; and affiant otea no later than five (5) working further says that she has neither paid nor promised any person, days prior to the proceeding at (863)763-3372, extension 215; if firm or corporation any discount, rebate, commission or refund hearing or voice impaired, call TDD 863)534-7777 or Florida Relay for the purpose of securing this advertisement for publication in Cvice 1-800-955-9770. the said newspaper. Lane Gamiotea, City Clerk 354562-ON 2[7/03 d su ribed before me this 7 day o A.D. 20 Notary Public, State of Florida at Lar�g6 �7 U EXHIBIT 6 - FEBRUARY 4 AGENDA RESOLUTION NO. 03-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE LEASE -FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OF A MASTER LEASE - PURCHASE AGREEMENT WITH KISLAK NATIONAL BANK, SUCCESSOR IN INTEREST TO THE SKYLAKE STATE BANK; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: Section 1: Authority for this Resolution. This Resolution is adopted pursuant to the Constitution and laws of the State of Florida, including particularly Chapter 166, Part 11, Florida Statutes, and other applicable provisions of law (hereinafter collectively referred to as the "Act"). Section 2: Findinqs. It is hereby ascertained, found, determined and declared by the City of Okeechobee, Florida, (the "Lessee") that: (a) It is necessary, desirable, and in the best interest of the Lessee and its inhabitants that the Lessee acquire the equipment described in Exhibit A hereto (the "Equipment") and pay for such acquisition through a lease - purchase financing structure pursuant to a Master Lease -Purchase Agreement (the "Lease -Purchase Agreement") between the Lessee and Kislak National Bank, successor in interest to The Skylake State Bank (the "Bank"). (b) The Lessee is authorized and empowered by the Act to enter into transactions such as that contemplated by the Lease -Purchase Agreement and to fully perform its obligations thereunder in order to acquire the Equipment. (c) The execution and delivery of the Lease -Purchase Agreement by the Lessee will comply with all of the provisions of the Act. (d) The Lessee has requested proposals from financial institutions and has determined that the terms proposed by the Bank are in the best interest of the Lessee consistent with the request for proposals issued for this purpose. Section 3: Authorization of Eauir)ment. The lease -financing of the Equipment is hereby authorized, pursuant to the provisions of a Lease -Purchase Agreement which shall contain terms consistent with the proposal of the Bank attached hereto as Exhibit B. Section 4: Approval of Lease -Purchase Ameement. The Lessee hereby authorizes and directs its Mayor or City Manager to execute and deliver, and the City Clerk of the Lessee to attest under the seal of the Lessee, a Lease -Purchase Agreement, all of the provisions of which, when executed and delivered by the Lessee as authorized herein and by the Bank, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. The Lease Purchase Agreement shall be in such form as approved by the Mayor or City Manager, such approval to be conclusively presumed by the execution thereof. The rent payments to be paid under the Lease - Purchase Agreement and the other terms of the Lease -Purchase Agreement shall be consistent with the proposal of the Bank attached hereto as Exhibit B. Page 1 of 3 Section 5: Desicination as Qualified Small Issuer Obliciation. The Lessee (including all subordinate entities which issue tax-exempt debt on behalf of the Lessee) does not reasonably anticipate issuing tax-exempt obligations in excess of $10,000,000 during the current calendar year. The Lessee does hereby designate the obligation to lease the Equipment pursuant to the Lease -Purchase Agreement as a qualified tax-exempt obligation under Section 265(b)(3) of the Internal Revenue Code of 1986. Section 6: Pledoe of Lease Proceeds. In order to provide for acquisition of the Equipment, the Lessor shall pay the proceeds of the Lease to Lessee. The Lessee covenants and agrees to establish a separate fund in a bank or trust company in the State of Florida, which is eligible under the laws of such State to receive funds of the Lessee, to be known as the City of Okeechobee, Florida, Equipment Acquisition Fund, which shall be used only for the payment of the cost of acquisition of the Equipment. Moneys in the Equipment Acquisition Fund, until applied in payment of the cost of Equipment as provided in the Lease, shall be held in trust by the Lessee and shall be subject to a lien and charge in favor of the Lessor and shall not be subject to any lien or pledge in favor of any person other than Lessor. Lessee does hereby irrevocably pledge the Equipment Acquisition Fund to payment of its obligations under the Lease in accordance with the terms thereof. Section 7: Further Action. The proper officers of the Lessee are hereby authorized, empowered and directed to take all such further action and to execute such additional documents as they deem advisable to carry outthe purposes of this Resolution. Section 8: Severabilitv of Invalid Provisions. If any one or more of the covenants, agreements or provisions contained in this Resolution or the Lease -Purchase Agreement, or any other document or agreement hereby authorized shall be held contrary to any express provision of law, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Lease -Purchase Agreement, or any other document or agreement hereby authorized. Section 9: Succession of Officer of Lessee; Performance of Duties. In the event that the office of any officer of the Lessee mentioned in this Resolution shall be abolished or any two or more of such offices shall be merged or consolidated, or in the event of a vacancy in any such office by reason of death, resignation, removal from office or otherwise, or in the event any such officer shall become incapable of performing the duties of his/her office by reason of sickness, absence from the Lessee or otherwise, all powers conferred and all obligations and duties imposed upon such officer shall be performed by the officer succeeding to the principal functions thereof or by the officer upon whom such powers, obligations and duties shall be imposed by law. Section 10: Benefit of Resolution Limited. Except as herein otherwise expressly provided, nothing in this Resolution, express or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the Lessee and the Bank (or its assigns) any right, remedy or claim, legal or equitable, under or by reason of this Resolution or any provision thereof, this Resolution and all its provisions being intended to be and being for the sole and exclusive benefit of the Lessee and the Bank (or its assigns). Section1l: Successors and Assions. All the covenants, promises and agreements in this Resolution contained by or on behalf of the Lessee shall bind and inure to the benefit of its successors and assigns, whether so expressed or not. Section 12: ReDealinq Clause, All resolutions, or parts thereof, or other official actions of the Lessee in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 13: Effective Date. This Resolution shall take effect immediately upon adoption. Page 2 of 3 0 PASSED AND ADOPTED this 4' day of Februarv. 2003. ATTEST: Lane Gamiotea City Clerk Reviewed for Legal Sufficiency: John R. Cook City Attorney Page 3 of 3 James E. Kirk Mayor 0 ExHIBIT 7 - FEBRUARv 4 AGENDA INTR OFFICE MEMORANDUM To: Mayor, Council Members and City Attorney From: Lane Gamiotea, City Clerk 1-� Subject: Alley Closing Application No. 67, Block 20 Date: January 24, 2003 Attached herewith please find a completed alley closing application by Okeechobee Commons Too, to close the East to West alley in Block 20, City of Okeechobee. Items to note: *The OUA's easement requirements. *Public Works Department request for stipulation that the ordinance be null and void should the project not develop. Should Council wish to proceed with processing the application, a motion would be in order to instruct Attorney Cook to draft an ordinance vacating the alley and present it at the next regular meeting for first reading (February 18, 2003). Thank You. 0 CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION I I I . I I . I ''I "', I" I i A .11. 111 11 11, 1 1 ............ ................................... I I � Applicant is requesting the closing of the �etwva nitti.alley P:u .... . . to facilitate a safe and amenable community for the elderly j, and handicapped population we plan to serve. The existing A,. first phase of development and eight of the new units wauld f�-IILI 444P y aeEvlee-a-hq azn 3-pz-n r-oiaJ. An alley w-&t4d cross the remaining forty-two new units. Alternative site planning would permit additional green space, further beautifvina the communitv. 'Rv clo-ing t-hp. milia %i- a I I P.v. the saf etv of the residents is furthered and security is impro ved. SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: , aj­ it The foregoing instrumentwas acknowledged before me this by OkeE'chobee Too, Ltd. and who is�ersonally known to m6 �b r (applicant) (co -applicant) who produced as identification and who did (did not) take oath. Notary Public, Commission No.A1&"')3'-7gzy (signature) 7F . ... ..... OVI __(Name of Notary typed, printed or stamped) S%ARON P. ROVI M � COMMISSION # DD 037729 EXPIRES: June 28, = 9011ded Thru Budget Notary 81WO-01 PmMoriz'ed Signature Typed Name & Title Phone No. Date Mal"- /q/ '4 ��67 —45Z U thorized Signature Typed Name & Title Phone No. Date W7 Authorized SignatwW Typed Name & Title Phone No. U(a t e -rHFL W01%7*4 5"g- 0-f 4'j It 4;t-- f44v'f- 4 M's .3 Zo A"e-AT -d�- Wes T- Ae 4 peA* "^/S I..* 'D K .5 7- �Ar S4,1,* --J &JeS7— F-AJP �"c f"v-% —I kef1h A-/eJ -;A) Iplole-F. J C - AM I-AhWC ___IA ?1? -9 Typed Name & Tihe Phone No. Date Authorized Signature uired Only For City of -Okeechobee & First Addition to City of Okeechobee Subdivisions: Authorized Signature -7-#1,- ,c747 Typed Name & Title Phone No. Date RevIsed 5111 /99 Page 3 -fio�t�eve�lop '-rn We I Authorized Signature WhdJle we do not object to closing the alley as it relates to this project, we are requesting a stipulation be addressed in the ordinance that i g�e is null and void. �/— Date Donnie Robertson, Public Works Director Typed Name & Title I ��Oed Signature Oscar Bermudez. Citv EnRineer Typed Name & Title Denny Davis, Chief of Police Typed Name & Title Bill Veach, City Administrator Typed Name & Title APPLICATION APPROVED BY: A I O-V �41'mo�"" CITY CLERK /.-- ;2 Date / - Z"-/- a-5 DATE 10 1-24-03 Date C, z 0 p \44e N. W. 12 TH STREET N89*58'16"E(C)740.25' 740.00'(P) N89'58'16-E(C)67 V3 I J, 0 LAND ISLAND 0 .4 IV Y, I I Li Li , a Li Li c b c a K- -- I I , z Sag -56'39-W�0,14f;� 09- 740.00(P) c L L - v I x i 1�0 300.06'(C) \—.c:.S..qT 739 N89-�19"E(C) ,�24.2.02'(c 0 0.442 SLOPE OKEECHOBEE COMMONS Lr r, p 0;4 I I I 1 1 121 L-I 1 0 SR( Li L-i L-i L-i ZA2 . 00'(Q;, L.-, 0 � 7511.3 ' LF OF 4 .�I'S,TR.UCT , AIN LINE SAN- SEIAIFR I _,,�ONSTRUCT OF _T.,L SHEET X EL IN, FL f- INV� EL 11/29/2022 11:19 6922902 CE PORCH PAGE 02 160RO 4 14 RUH- 19 SK Retum co, Trus iriscrument prepared W C. E. Fordh 1273 NW Spruce Ridge Dr. Stuart, FL 34994 4 Property AppraiSeYs Parcel Identiftation No,: DOOMOOWY StamPs Paid In Ow amount of $ . . 11 Q Class C Intangiblo Tax paid in ft $mount' Of $ 15-- Shamn Robwtson, Cjar� of CArcuit Court OW OY: =' IZ�, D.0 One., (4 .1 P7 -, ; =- TFUS QUIT CLAJM DEED Made and �, the/3 day of 40C4""(' ' 2002 tj pagrOSS-L= 94Aq by Elaine Vanderhelm,'MUME, whose post office addre.,, ', called the gmrgor, and VANDERTRUST, INC., ;,id,l corporation, whose post office address i—f include all die vL-vw, F& hereir� MUpd the j4rcvgz used herein the mm 'SWItOr"and"PuTce" pardei to this insuvrricrit 4Ln4 the heirs, letal r0m=ta" imd MOPS Of it% 'C -'�s � mid the suce"pts and usips of corPOrgdOms) Witnesseth' That the 9=tOf, for and in consideTatioll 1( _nk of$10,00 and otner valuable considerations, reccipt whereof is hereby acknowledged, by these presents does t. c �in, grant, alien, remLse, relew� and convey unto the grantee, all that certain land situate in Okeechobee County, (Exhibit A attached) Together with all the tenements, hereditaments and appi :s �hereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple foreV L In Witness Whereof the grantor has caused these prt- A. 1,1C day and year f=t above -ritten. signed, se&led and dobvcrel in tbe presence of N=c �1-m, W qP D W A ) 6' H s-rATE N C - COUNTY 4alv cend e- 04V OF 71 �wevlzvc I hereby certify that on thiS MWICh 25, !999-before rn�- acknowledgements, personaUy appeared Elaine Vanderheln, executed the foregoin$, 'strument. She is on, identification � P L- ; --� - I -;- .-a- anderhetra, Trustee 1( er duly authorized to adrnjr�Sta Oaths. and ta�ge Known to me to be the person descnbeddn &no who to me or has produced the:Ao'U0,:wiqj(,,J1s PUBLIC- 7 lv)xw,l� f, 2e* 6922902 CE PORCH PAGE 03 57-91-23 Lots 4-23 the plat t inclusive, Block 4, oke0chubee, according to hereof as recorded in plat gook 2, Page 17 of Public records 01 St. Lucia County, 1PIOrLds, &aid plat *lxO being r*corded in plat Book 1, book S, P890 10 and plat FLorida. Page 5 of the Public records of Okeechobee County, Lot* It 2, 3, 24, 25 and 26, Block 4; Lots I to 6 inclusive Block 11; lots I to 26 "clusivs, Block 12; L*ts i to 26 2, 3, and lot 'nclUsL-;rQP S'lock 20,- Lots 1, lots 1 to 26 lot 91 late 10 to 26 9 ax`ePt the LP32.S feet of said nflu"vO# Block 211 LQtg I to 6 01kneclumi"' Block 22; lot3 7 to 13 inclugi achobee, , according to thq plat VQJ Block 291 thereof as �r*corded in PlAt Book 2, Page 17#.Of th,'., public records*jor St, Lucig County, Plarida, said U00k 1, POV 10 10 and plapt"t also being recorded in Plat r*cozds of oxeej�hobte . I)rjok 'S' Pago 5, 40r. the public Cc-a,�Y, Florida. South 71.25 feet op Lot �, 'r'ot*12: South 71.25 feet -Outh 71.25 feet of west.'.28 fet of Lot and the West 128 feet the North 1/2 of the vacated alley in Block 29f Town Of 0,eech0bee, the Plat thereof as recocd,(I according to in Plat Book 1, page 10 -public Records, O%eech,:,-� e County, Florids 4 0 368362, Rr""" 17 P SHARON F."- 'ct UK OF U I r RECORDED AS REC_ I �,:.-D 0 0 Vandertrust inc 1185 Lakeshore Road East, Mississauga, ontari o, L5E-IGI, tel.' (905) 274-0770,far: (905) 274-0037 December 17,2002 City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-2932 Re: Okeechobee Too, Ltd. Road/Alley Abandonment To Whom It May Concern. This letter is respectfully submitted to the City of Okeechobee by Peter Shishkov, being the Present owner of the property located at: Lots I through 26 inclusive, Block 20, City of Okeechobee, Plat Book I Page 10. Vandertrust, Inc., the owner of said Property gives Permission to Okeechobee Too, Ltd. to complete and submit the alley closing application. L Peter Shishkov, agree with the alley abandonment at the above -described location and should you have any questions, please call me at (905) 274-0770. Thank You for your consideration. Sincerely, Peter Shishkov, P. Eng. President State of Florida County of Martin Acknowledged before me by Peter Shishkov, who is personall known to me: C. Edward Porch 0 0 Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: January 14, 2003 Re: Alley and Street - Closing application from Okeechobee Too, Ltd. The Engineering Department has visited the above site and has previously discussed with the Engineer of record and the Project Developer, that prior to the abandonment of the City of Okeechobee alley, the project drainage issue and its positive outfall must first be resolved. In regards to the request for closing the street right -way, the issue was also discussed and rejected by the Engineering Office. It is the Engineering Department's opinion that the City of Okeechobee should be very cautious before abandoning any street right-of-ways or alleys. W 15TH ST ,-I- < 11 1 1 1 1 1 1 1 1 1 1 1 1 2 12 ja 9 5 7 6 5 4 3 2 1 1312 1110 9 8 7 6 13 L7 J211 �7 LL7111 14115JC171819 2 5 15 7 1819 20 21222-3�42-�528 0 21 3 51 Its 16 IN w9f 14 TH S T m 1() 9 6 7 15 5 4�312 1 131211110 9 a 5 4 3 2 11 2 12 13 14. j 5 1.5 1 19 20 21227-324.2-52iS 14-1516171819 20 1 21222324-2526 6 16 NW 13TH ST (70 5 4 3 2 1 2 12 10 9 8 7 8 4,3 2' T 13121110 9 8 7 8 3 14. 5 15 '17181920 21222,324-2-52-5 1 +151151 S1120 21 16 7 Ti ST 001) ALUG NW 121 2 �;2 12 109 8 7 6 5 4 3 2 7 6 5 4 3 2 1. 13 14 p o 15 17131920 21 :Z 2 23 2 +25 2 6 1 1 71 201 1 1 44— NW 11TH S1 7 0') C:D 2 12 109 5 7 6 5 4. 3 2 1 -1-t 7 13 5 15 1 819 20 212274,2.52b 16 NW 10T'H ST (100') 2 12 109 3 7 f5' -5 3 2 1 1312 111 C) 9 tS [7 6 4- 13 PrIm CITY OF OKEECHOBEE DATE RECEIVED: DATEISSUED: General Services Department 1 55 SE 31dAvenue, Room 101 APPLICATION No: DATE(S) OF EVENT: Okeechobee, FL 34974 Phone. 863-763-3372 ext. 217 Fax: 863-763-1686 FEE: $175.00 DATE PAID: TEMPORARY PERMIT APPLICATION OFF -PREMISES SALES, TENT SALES AND OUTDOOR AUCTIONS (LDR SEC 681-5) Name of Property Owner(s): 1A 4L "A Q. Z. Address: IF- if z. Telephone Numbers: Home: Wor�.�J) �%- j060 Mobile/Celi(S�I) 211 _'%��Pager- : a- Name of Applicant: �L+RtQ*. JA)C (L ()�kqCkr\�)_e.P Address: 1075 'SE of),44D Si. F(_ 349,1 Telephone 'Numbers: Home: Wor&3)743-34nMobiI,/CelI: Pager- LU tL 0 Ix IL Future Land Use Map Designation: Legal Description of Property* PARC,�,, L- 16'- Address of Property- 6Lb(-K V-Pq � LO+ 5 Please Explain Type of Use:lsez� 0— OD�_ Briefly describe use of adjoining property, Current Zoning Designation. 37-35 -cwo - 0 - co,4c) q 4 5� 7 - k: / AICCVS 1'1/ -Q, C,4'y �,� 4QQ0 rnwtj North: AjoAJ Q , East—�c5e?VINARNAM Q.,_ . FARI?'A'10) rW Kh)a m XAVS 4*e-9 noAjuu West: South: 14C ' V A A W'Aro 0\6r%ow s- f�j r A) I LO'5 DOS QbAPAA"S C3 AJ-9, Attach the following documents: 1 Site Plan showing property layout, existing structures, temporary structures, set -backs and all required signs. 2. Proof of Liability Insurance, minimum amount $1 million. 3. Notarized letter of permission, if applicant is not the property owner The following temporary structures may be permitted upon the issuance of this temporary permit, subject where applicable, to additional restrictions and requirements as set forth in Chapter 10, Sec. 10-77 Code of Ordinances, and requirements of the City Licenses and Business Regulations: Temporary off -premises sales, tent sales and outdoor auction may be permitted for non-profit organizations in commercial and industrial districts. In addition to the above required information the structure cannot be erected for more than fifteen days a year and all debris must be removed within forty-eight hours of expiration of the permit. Please note that if you intend to use any portion of a City street or sidewalk a separate permit will have to be granted by the City Council. I hereby certify that the information on this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500 00 and i isonment f t thirty dGays and may result in the summary denial of this application. I(.) r 0.2,10 3 -3 onature_�f 7P-Pr'85nt Date ,ty Staff (Please review the application, attach comments or special conditions): Verification: Fire epart roval, Polic e Wrtm5pt-pproval: F�6`6`lrorks D Building Inspector Approval: city AdPw:�:strqtoT7qWo,val: C Z, I __ Dat �1 1410,3 Date: Date: Date: Date: Date: .2- � Division of Cornorations Florida Non Profit OKEECHOBEE MAIN STREET, INC. Document Number N99000000045 State FL Last Event REINSTATEMENT PRINCIPAL ADDRESS 55 SE 3RD AVE OKEECHOBEE FL 34974 MAILING ADDRESS 55 SE 3RD AVE OKEECHOBEE FL 34974 FEI Number N/AE Status ACTIVE Event Date Filed 10/18/2000 Rqistered Apnt Name & Address GRAY, LOIS 104 SW 3RD AVENUE OKEECHOBEE FL 34974 Natne Changed: 01/27/2003 Address Changed: 01/27/2003 Officer/Director Detail Date Filed 01/05/1999 Effective Date NONE Event Effective Date NONE Page I of 2 Name & Address Title GURNEY, JOHN 210 NW PARK SMEET, SUITE 102 D OKEECHOBEE FL 34972 WORLEY, RAY 4415 SE 22ND COURT D OKEECHOBEE FL 34974 GRAY, LOIS 104 SW 3 AVE D OKEECHOBEE FL 34974 hftt)://www.sunbiz.ore/scrir)ts/cordet.exe?al=DETFIL&nl=N99000000045&n2=NAMFV,/D&n3=O... 2/4/2003 Division of Corporations Page 2 of 2 Annual Reports J Report Year 11 Filed Date 11 Intangible Tax 2001 11 05/03/2001 11 2002 11 07/08/2002 11 2003 11 01/27/2003 11 Previous Filing Return to List View Events No Name History Information Next Filing Document Images Listed below are the images available for this filing. 07/08/2002 COR - ANN REP/UNIFORM BUS REP 05/03/2001 ANN REP/UNIFORM BUS REP 10/18/2000 REINSTATEMENT 0 1/05/1999 Domestic Non -Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://�ww.sunbiz.orglscriptslcordet.exe?al=DETFIL&nl=N99000000045&n2=NAMFVvrD&n3=0... 2/4/2903 Okeechobee County Property Aprimser - Map Printed on 2/3/2003 11:46:3 Page I of I �Zw OM STATE ROAD 70 t F (A US eL, 200 5 4 3 2 1 6 5 4 3 2 1 11915.50 LO Lob Ds Camp4l,, 7 4 M 4 X CZ 11 12 ic op'�J 215.29 9 47.5 47.5 or so '265 RC S.W.2 ND STREET ­-J �J.J 13 D el 1 3-15-37-35-001 M1 780-0010 MARM-MI ALICE TRUSTEE To$ S I %i e ol- 2 1 6 5 4 3 2 1.. peopeA " e S IA -77 7 2.42 AC X 10 It 12 7 a 9 10 11 12 S.C.L. RR (PM. 3) .95 RC 142.9 17 .5 47.5 so so 240.63 S.W.3 RD STREET 4 3 2 1 6 5 4 3 2 1 SEE ORD ?62 17 1,80 F Okeechobee County Property Appraiser s' 76 140 22'5 ft N W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 3-15-37-35-0010-01780-0010 -VACANT (000000) CITY OF OKEECHOBEE LOTS 1 & 2 BLOCK 178, S Name: MARKHAM ALICE TRUSTEE LandVal $16,905.00 Site: 0, Okeechobee BldgVal $0.00 Mail: 2000 SW 7TH AVE ApprVal $16,965.00 IF W11 OKEECHOBEE, IL 349743439 Justval $16,905.00 Sales 711211996 $0.00 V / U Assd $16,905.00 Info 611/1992 $0.00 V / U Exmpt $0.00 11/211972 $0.00 V / U Taxable $16,9.05-0.0 This information, Last Updated: 01/23/2003, was derived from data which was co�npiled by the Okeechobee County Property Appraisees Office solely for the governmental purpose of property assessment This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect tie data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. ;T0S ep k. 'APWADoPE http://�ww.okeechobeepa.comIGISIPrint_Map.asp?pjbnlkplhgmeclpoffddhfacbddc�hdopcnk... 2/3/03 0 0 Okeechobee Main Street, Inc. 105 S. E. 2nd Street Okeechobee, FL 34974 February 3, 2003 Okeechobee City Council % Okeechobee City Hall 55 S.E. 3rd Avenue Okeechobee, Florida 34974 To Whom It May Concern: Please accept this letter as our formal request to waive the $175 Temporary Permit Application Fee, application attached, concerning our upcoming kick-off fundraiser March 7 through 9, 2003. The event will be held on Lots 4 & 5, 7-12, Block 164, City of Okeechobee and we would also like the City's permission to use the south half of the north/south alley as well as the 25-foot easement running the length of the west side of said block 164. The event will be a barbecue cooking contest held in conjunction with the Florida BBQ Association and will consist of teairns coming in from all across the State of Florida and beyond as well as local cook teams. See attached brochure for a list of all categories as well as complete rules and fees. All vending will be facilitated through Okeechobee Main Street, Inc. and there will be no alcoholic beverages sold during the event. Please also find attached copies of the use permission letter from the property owner's representative, lay -out of the event area as well as Okeechobee Main Street's non-profit 501-C3 form. Respectively submitted, ZA(�. 0 ohn W. 6 Okeechobi .c. CF?Rr:F1CATE Cc' 1,NSURANCE -�e 'n�, �,,ud below cerl.-Jies t�at too Irsuraice afforded ky tMe pol,c� or policies n6ftered ard det r-lt)ed be!cw is In force a-, Of th�.' effective date if this C90tificate. This Certificate of InsJ"ance T-urance coverage contained in dny dees rot amend, *;�tpnd, Or otheroilse e,ter the Terrr�s ind Cend4tion� of po'icy nurnbere� aird lswibe,! �qjow C5rJIF1-:A-,E hC,�ER: CIrY OF CKEECA"]IBEE P, ADDI 7TJNA�. 55 S 8 "IQ J<F,'(;�EEE ;- 34972 OKEECHOBi7E mAIN STREET� INC IC5 5 E 2NO �'-REZ4 OKEECHOBEE FL 34;74 �OLry NYBil I PQL!'1'.V I POLI!CY LIMITS OF LIA81LITY T�,'[ OF !SS'ANG C�,! jErF. DATE jEXP DATE I MIMITS AT INCEPTION) i LIABIL:TY 77----�-4618,'1-30011 01 294,� 1 01-29-04 [X� Liability a,iQ 1 ONA I DE Anty One Cccj,, �ence . 1* ...... S 1,C0C.000 Persona, �nj NSURANCE CO. Included in Above - Any )no Perscr. ^.r I Advert,,sirg u ry I OrgerIzation Medical ExpensL-s ANY ONE PERSON ...... .. . S 5 000 [XI F—, Leo! An.,; One Fire or Explosion $ 50.)00 Li -ability Gener.il Ag-drept6* I ProdiComp �-,ps Aggregate* - S 1.000.000 r I Otrer Lll�i , t� i A�'. Xt',-E, -',,6:! 1TY 3 BUSINESS -niTe Bodily Aln,lu^y (Each Perjon) ....... (Each A=dert) ........ $ L Hlrec Property Damage C I Nor-Qwrled 1,Ed-h A,-:'Idert) ........ S Comb-ined Single Lirrit ... $ I :-XCESS EdC�, Orcurrertce ....... . $ j Pro,"/Cmp 4s/Ulsease Urr:relll corn, Aggregate* ....... .. .. $ STATUTORY LIMITS Workers' 800111Y INJURYACCIDENT ... Cce,Ders I ri or Bodily InjLry by Disease ar� EACH E4-'LOYEE ....... $ Emp;opri' Bodily Injury by Disease Liab-ility Cy . . ......... . Inou a ary cl t�,� 4Qve wdjsc�,i�qd ;oll:'e4 u cancelled before the DESCRIPTION CF OPEEW-1 /LOCAT70NS,, ex�l�atirjr �rsura,,r--1 .,oripariy wi'l andeivor to mail VEHICLES)'Rt8Tki1,TI0Ni FECIA'� ITEM.$ �' LRACATIINS, 'r' /' 0 Fr" AL IT", y ORK TES T T wIrter, notice t� th,? �Oove n6fied Certificate ho%er. but fulure to SAM' A" hORK SITES irail SUCh -IOi.!,-e S�2'1 1MOOSE nbliqd:ior. or liabll-t jpor, t�e EL,Sd.­ZE-JiN;'TAHE 'SYTATE y k�Mdr.: its a�-- i� c, rpxrn,entativr� v� Ef,lnct-ve Cate )f Certificate. 'I Aut ndri zed Re�,�eierta�1,4"- ruce V �Homer,�,- ,?�e certifiwe Countersigned i,�. 00 'So4th Pai��tt Aveiue Oke�ii, 6 34974 7 -y 02/03/2003 13:56 8637633783 DESTINY REEF ENT PAGE 01 CERTIFICATE OF [NSVPAKE Thi eoftrapy irdicated bplcw certifies that thq IrSumict afforded by the policy or Policies mmlwj�d RN desmoed belov, Is 1,i force as of the effective date of ti�,IS CertiflCatS, ThIS Certificate of Insurance Oces not Amerd, extiond, or otherwise alter the Term and CoMitions of Insurarce coverage witaliod 1,11 any ;Cll',/ rUmbered Ord discrIbed Delow CERTIrICATS HOLDER- NEMEC LLC AS ADDITIONAL WED 14SURCE) 1300 1 STREET N W WASHINSTON QC 2=5 INWRED, OKEECHOBEE M14 STR[jj INC 105 S I 2ND STREET OKEEC"EE, F, 34974 POLICY "ER I K61CY Pc��;C' LAMITS DF 1,41LITY iYPE OF INSURANCE ISSUING CO. !EFF. DATE jEXP DATE (*LImITS. AT INCEPTION) 1ABIL M 77-00-461859-3;01 1 0:-29-03 j 01-29-04 1 [XI LiabOlty and NATIONWIDE Any one Occirrence. L.000.0co i Medical Egmist MUTVAL FIRE *orsonal and INSJRANCE CO. Inclwded in Abve Any 0-mv Person or AdvIPt'sing lnjvryl Organization :X� Med'ral EApVlses ANY 04[ PERSON CX3 Fire Legal AL01.,, Ore Fire or ExPlcslorl !0 0% Ops Ajoregatoo 1.000.'4100 Otter 0abil�ty AUTIOMCKLE LjAjTLTY I k,,SINESS AUTO Badlly Injury (Each Person) (Edl�h VC4 ' dOrt) .. ... S r Hired L 4 1 1 1 1 Property Cov" I Non-Nflsd (EaCri Act'deoit) S CurbIned S*.11gle L!m1t I EKICESS LIABILITY EaCh %Currenice .... ... S PrQd/Ccmp Oos/Olsvase 7 JIVel a Form Aggr4atto s T UTUR AT Y LIMITS BODILY �4N�QVIACrIDENJ ... S I 60dily Injury 'jy M11464 and I W.M EMPLOYEE S L I Employers' I looily IrJury by Wseajo Liability POL:CY LIMIT "hx I j any of the 4�ovq 1.0scrioeo po! icies be 'P A T cancel led Lefore the DESCRIPtibN OF CPERATTOhSi��-ATI 5 Ion cote, tre nsL,a:jCe Coppon'l j I I enjejVD- to Ire, I VF�1Q:-75eKSTR1CTI0N51yd.AL 1TE S C E 'TR' CTS ITE I '0 'A writ'en not1ce to the 0cwe mixted certificate molov, bLt fwup,& to 54AMEMNO TEMKR mall $00 rctica sha,7 IR90se no obligation ;r VWQRKSIT liabll,,ty Liooi the ELSE KRE !N T s—.,k-rf CMiny its agents or repm*tQrt#tiyes, F-D 0A �ffw V0 cate Df Certificate! 01-29-2033 Author I Zed ROP-esent4tiv r-ce A r C�acp Certificate :sjuec, 112-04-2303 Cointitril9ned it 900 South Parrett A-40nv# OX e hOO64 �j 9 OXeechoc*,j, F1 34974 COMMERCIAL INSURANCE BINDER ACCOUNT NUMBER: 77 481859 This Binder Is A Temporary Insurance Contract Subject To The Conditions Shown Below. NAME AND ADDRESS: EFFECTIVE EXPIRATION <OKEECHOBEE MAIN STREET. INC DATE TIME DATE TIME 105 S E 2ND STREET 01/29/2003 12:01 A.M. 03/30/2003 12:01 A.M. OKEECHOBEE. FL 34974 DBA: EXPIRATION DATE NOT TO LOCATION 001 BUILDING 001 CAUSES OF LOSS LOCATION OF PROPERTY SPECIAL FORM 105 S E 2ND STREET OKEECHOBEE FL 34974 COUNTY 047 See Policy for Additional Property and/or Coverages EXCEED 60 DAYS FROM THE EFFECTIVE DATE. PROPERTY Actual Cash Value - (ACV) Replacement Cost - (RC) Guaranteed Replacement Cost (GRC) REPLACEMENT COST EXTENSION - (RCE) AMOUNT OF INSURANCE ACV/RC DEDUCTIBLE COINSURANCE C-PERSONAL 5000 PROPERTY 500 OTHER PROPERTY/COVERAGES AMOUNT OF INSURANCE DEDUCTIBLE COINSURANCE Equipment Breakdown 5000 COVERAGE Occurrence X LIABILITY LIMITS GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS - COMPLETED OPERATIONS) ........ ... ...... .. ........ .. 2000000 PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT ............... . . ... ...... ...................... 1000000 EACH OCCURRENCE LIMIT . ...... . .......... . ....... . ... . .. ......... ...................... . 1000000 PERSONAL AND ADVERTISING INJURY LIMIT (ANY ONE PERSON ORGANIZATION). . ..... . ............... 1000000 MEDICAL EXPENSE LIMIT (ANY ONE PERSON) ..... ........... .. ......................................... 5000 FIRE DAMAGE LIMIT (ANY ONE FIRE) .... . . ...... . .... . . ... . ..... ........................... 50000 HIRED AUTO/NON-OWNED AUTO COVERAGE LIMITS NON -OWNED AUTO # OF EMPLOYEES - 2 1000000 COPY A All 4, A v'� �1�4 et 869 763 0513 FL(WDA BBQ ASSOCIATIOV AT THE SPECKLED PERCH FESTIVAL MARCH 7th, 8th, 9th, 2003 DOWNTOWN OKEECHOBEE., FLORIDA FDA SANCTIONEI) COMPETITON LIVE MUSIC BV TINIMN'BAs,r R.%m) BRQ DINNERS RAFFLES ARTS/CRAFTS FFSMAi CAWI.EMAN'S ASSOCIA 10"� PROFESSIONAL, RODF0 OKEECHOBEE WIN STREET,INC. Ist ANNUAL BBQ CONTEST our Kick-off Event! www.mairistreetokeechobee.com ENTRY FEES ( 'hickpik $60.00 liibs 660M l'ork (ShoulderMutt) $60,00 Bmsket $60,00 Mandaton, Cleanup Fee $10.00 tiolne P� (Okeechobee Co.) $60,00 ­ I lh—wh, bee County owiTesTAnov. Thii highest and ew�e- ".L, V,"t. ­­g FRA 4yetem will be aw-ded. ($750) & (SA00) 13RAGGIN RIGHTS (Fri. Night) Fu,h (any way) $26.00 sau(x' $25.00 Chili $25.00 '�ppiv 111C $25.00 Anyt.kinig Butt $25.00 Beer Can Chicken $25.00 PVOT-IF A ('1101M (SatUrday) Free (with entry) 0THFR STUFF W.00 r �Iinp, Fee (.Nliv �f do all 4 categoriea� $100.00 -i lik � qllciwed to be, vended) it 1.,,t i hrm Suntimy (Approxintate atwrida" 10,000 l`L�'Lf-j� (',"'k tijj�� (ZnX,M Voo 00 *\ f R , OFADtANE FORTHE CONTFST Rl.�,ISTKATTON FORMS AND FEES MUST BE RECEIVED NO LATER THAN FLBRUARA'28,2003 SMALL TOWN HOSPITALITY 1310 PRIZE MONEY (OVER $8000.00) GrandChAmpion $1250.011) Reserve Champion $750.00 For Each (4) FBA Categorits I st Place $400.00 2nd Place S300.00 3rd Place S200.00 4kh Place $100.00 5th Place Trophy Horne Boy G rand Champion $750.00 Reserve Champion $500.00 Awards 5 P.M. Saturk, FRIDAY NIGHT 5 PAL 88Q Cooks team nieeiin�, 6:30 p.m. Fish 7,00 P.M. Chill 7:30 p.m. ArjythoW Bur 8:00 p.m. Sauce 8:30 p.m. Beer Can Chicken and Apple Pit., 7:00 p.m. -? Tlmmy Bast Band (at the B8Q BBQ site acrom street from Flaglur Pu rk CONTACT, Steve CaL" Craig or (1 "', 3015 S.E. 20th Court kk�� Okeechobee, Ff. 34974 363-763-343' 863-76,1-5213 863-634�0024 963-634-2061 ww-.,.,. deminyreef.cowNahuna 963 767; 0!51'5 Okeechobee County Property App Map Printed on 2/3/2003 1 1:46:36 A STATE ROAD 70 9 L P . 0 L page I of. J 4m J 4 2 IR LO-3, 1)", ca'f.4 en le e) 7 4 1 1 7 so .2C5 FkC SAA1.2 NO STREET 72.07 RAM ALICE TRJM-E C)O-ai e 3-1�-37-35-0010-011700-00101 MARK 0 2 1 3 2 I " 6 4 P.-.Pt, I; ts 6 1 7 In 2.42 K Cr 8 10 It 12 1 0 9 14 it 127 SX.L. RR (PRR. V -X AC 914Q.5 47.5 47,5 so w U6.03 S.W2 RD STREET 3 2 1 4 3 SeE ORD. 70Z v 7 Okeechobee County Property Appraiser i A W C,"Mlr Sherman. CFA - Okoechobft, Florida - 863-763-4422 PARCEL: 3-1547-3540 IM1 780-00110 - VACANT 100000(n �4TY OF OKE gr= LOTS I A 2 MXX-,K I —' Ec� .. — .. N*nv:,%L4RKHAM ALICE TRUSTEE LarsdVal $le'905.00 sko. G.Oksochobee mg;.,Gl $0.00 v, 21X* SW "ll AVE A;gN,,l $10*9%,00 OKEECHCGEE, FL 3497434� Judval $16.90,00 SaIcs 7/17JI996 $0,00 v f U And $16.905.00 Info WV11991 $0,00 v I U ExmP( %D.00 114TIS72 $0.00 v I U Ta=bb $16,9w-00 1 This wilwmaton, Last Updated. Dlf=M, was dcdvel ftm data which— r-onl b, e 0ountv Proo&V Apv*"ft O%w WeTY .h.ld gi tr.JW:� tor the governrinental pvTose Of 9(0" os"SUNK TK& infonnation fonby *rtyone as a aelarmra6w offt **rwer3hip ct ;Kl�p" (X IrQftt V61VO. NO Mr.Uti", *WeUtd or impW, am proMed for the octufacy 9 date hereen, WS use, or irs into-pmbAm. Afthonn ft is perWcaHy updated. M Wormadon ffay net mftct ft dwto ammy on Wo in the Proper�f Appmbeez offite.1the 00%wd wAlues ofe NOT wAt&d yak*$ *nd themlare we subject to chance Wor* being fnaILM for ad valgrern assessment purposes. 'Zos to K /AQUJAX,01� litLp:!Iwww.okeechobeepa.conVCjlSlPrint—Map-asp?pjbnlkplhgmeclpofffddhfac-bdk)d),Mopcnk... 2il/03 0 Intent of Use Agreement We, the undersign having all legal right and ability do agree to allow Okeechobee Main Street. Inc. (a not for profit corporation) the use of property located at: Parcel tD: 3-15-37-35-0010-01650-0070 & 0090 Citv of Okeechobee. Florida Date of use during the event to be March 7, 8 & 9P, 2003. Okeechobee Main Street has supplied proof of required insurance for said event. We also, agree to allow Okeechobee Main Street to dean property as needed for event. This event is a FBA Sanctioned BBQ Competition in cooperation with Okeechobee Main Street, Inc. as their Kick -Off Fundraiser. This property will be used for parking. Seeie Cates, Event Chair ,I , i I �' '4"v I Co �-J-ow W DatV ILI Gu j0AYc qj [)Aij 1094 Date h arnadore Sr. operty Owner) Margie Varnadore (Property Owner) Date Date Intent of Use Agreement We, the undersign having all legal right and ability do agree to allow Okeechobee Main Street. Inc. (a not for profit corporation) the use of property located at: Parcel ID: 3-15-37-35-001"1780-0030 Citv of Okeechobee. Florida Date of use during the event to be March 7,8 & 9P, 2003. Okeechobee Main Street has supplied proof of required insurance for said event. We also, agree to allow Okeechobee Main Street to dean property as needed for event. This event is a FBA Sanctioned BBQ Competition in cooperation with Okeechobee Main Street, Inc. as their Kick -Off Fundraiser. This property will be used for parking. gli;� - - .., ocl!2�� 9-1 q ve Cates, Event Clair Date' ate Dozier,pements (Property Owner) Date Date ~ ~ r ~_f~ ~i ``.,~s.'~,'.j" -4tr .e'~~' -;r', _rS ~~fib.~A,~. ~.T t~ ~ ~,.ar -'~~Pi',e.~#g - 7~' • .-F~'-'~, ~D.=.s, r 1S 1`- K 1 ~k . - h 4 j t $ t ~F ~ "il tel. ~ ~ K, p $'y ° - S~; ~ ~1~ _ r• ~ ;a - 00 ~i EXHIBIT 8 — FEBRUARY 4 AGENDA OUA BOARD MEMBERS CURRENTTERMS CITY APPOINTEES: Steve Nelson 4 years December 1999 - March 2003 George Long 4 years March 1, 2001 - March 2005 John Kinsaul 2 years March 1, 2001 - March 2003 COUNTY APPOINTEES; Jack Coker 4 years December 1999 - March 2003 Elder Sumner 4 years March 1, 2001 - March 2005 Carl Leonard 2 years March 1, 2001 - March 2003 FIFTH MEMBER CHOSEN BY 4 REGULAR MEMBERS ABOVE: (RESIDENT IN SERVICE AREA IN GLADES COUNTY) Kim Collier 4 years December 1999 - March 2003 ALTERNATE CHOSEN BY 5 REGULAR MEMBERS ABOVE: (RESIDENT IN SERVICE AREA IN GLADES COUNTY) Melanie Anderson 2 years March 1, 2001 to March 2003 7� CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: January 30, 2003 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMI114ISTRATION GRIT — Attorney Hellinger has resubmitted a notice of pending matters to the court regarding the venue issue. As yet, no decision has been reached. On December 3&, the City was served a summons by the Liquidating Trustee for GRIT that we were being sued for the $48,648.03 that they claim the City owes them for payment of one of Bettye's hospital bills. The hospital now indicates to the City that they have been paid in this matter. Attorneys Cook and Robbins discussed the matter and recommend that the City make no reimbursement at this - time. Attorney Robbins has submitted a proper response to the lawsuit. Bettye Taylor is currently experiencing issues with her back and is being evaluated to determine if there is a need for additional surgery. This evaluation began on January 8th and finther testing is planned. As with all of Bettye's medical expenses related to her back, the City is paying the cost. This expenditure is coming from the legal cost line item (acct. 514). Fire Station Project — Construction is well underway. The City Engineer reports that we are on schedule and budget at this time. Industrial Park/Sheffield Environmental Services — Timelines remain the challenge in keeping the City's industrial park project alive. The City Administrator and Executive Secretary have prepared and submitted the Rural Inftastructure grant for $300,000. The bid package for phase one of the project will be advertised this week. It is anticipated the NE Wh Street bid will be advertised within the next few days, as well. Discussions related to the purchase of the necessary right-of-way are continuing with Mr. Mason. Attorney Cook is putting together proposed language in an attempt to meet Mr. Mason's terms. ADNUMSTRATION CONTINUED FINANCE Flagler Parks/Downtown — Nancy Phillips has submitted the grant application related to Flagler Parks 3-6 and storefronts, streetscaping and lighting along the North side of West Park Street. At this time, it would appear that we rank 6d' of all submittals (5 are slated to be funded). Often times, projects are withdrawn before fnial funding occurs. ln that event, we could be considered for funding. The City has submitted a request for $115,000 through a FRDAP grant to refurbish Flagler Park #2. We should have some indication as to whether or not the project will be funded by Spring. Donnie Robertson is working on permitting issues with SFWMD, DEP, etc. related to the 4th Street Boat Ramp. He anticipates this will take a couple of months. OUA Board Appointments - The current terms of two of the City's OUA Board representatives Steve Nelson (regular member) and Johnny Mack Kinsaul (alternate) expire in March. Mr. Nelson has indicated a willingness to serve again. Mr. Kinsaul is not willing to serve again. The City Council will be asked to make these appointments on February 4d. Our annual audit continues and Lola Parker reports no major concerns at this time. Upon completion, we plan to present it at a City Council meeting in the Spring. POLICE Gallagher Bassett Services, Inc. is handling a lawsuit filed by Charlene Hamner against the City of Okeechobee. Ms. Hamner is suing following an automobile collision with one of our on duty City police officers (in a police car). Mediation for this matter has been rescheduled for early March. New cars are in and being outfitted. The City Council will be asked to approve the resolution related to financing at the February 40' meeting. You will recall, this is an annual requirement. 2 �I)E PLTBLIC WORKS Construction on the street projects has been completed, with the exception of issues pertaining to NW 7'h Street. Donnie Robertson is addressing the matter with the Contractor. CITY ATTORNEY CLERK'S OFFICE The following are included in the items I have asked Attorney Cook to address. 1. Billy Mason terms for purchase of bridge right-of-way. 2. Noise/breach of peace/animal ordinance 3. LDR issues such as non -conforming structure, building site elevations, visibility triangles and street cut/right-of-way resolution. 4. Pension Ordinance language (City Council item for March 18th). 5. Legal issues and contracts related to the City's industrial park. 6. Hamrick Trust — John is attempting to locate and secure a research firm that is well versed in reversionary issues. 7. City/County contractor licensing agreement — this proposed language is currently being reviewed by the County Attorney. 8. GRIT issues. 9. Adelphia Contract. 10. Marvin Brantley's continuing situation. The Clerk's Office is receiving applications for Citizens Boards. There are currently two vacancies. One is an alternate member for the Code Enforcement Board and the other is an alternate member for the Planning Board/Land Planning Agency/Board of Adjustments/Design Review Board. Adriana Beny was promoted to fill the Deputy Clerk position. Katrina Vinson was hired to fill the Secretary/Receptionist position. 3 - FO RM 813 MEMOANDUM OF VOTING C*4FLICT FOR COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST IAE-�'IDDLE NAME, NAME Of BOARDCOUNCIL, COMMISSION, AUTHORITY, OR COMM EE �,HV Ooonofl` MAILING ADDRESS THE BOAAD, COUNCIL. COMMISSION, AUTHORITY OR COMMrFTEE ON WHICH I SERVE IS A UNIT OF: -I - TY COUNTY acrry C3 COUNTY 0 OTHER LOCAL AGENCY NAM OF POLITIC�. SUBDYIISION- ' [ �f C te IrNa DATE ON WH ICH VOTE OCCURRED t J rthMY POSM NIS: n1M 41, ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the Situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the -minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. MOOO PAGE 1 rED OFFICERS (continued) jpy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the DISCLOSURE OF LOCAL OFFICER'S INTEREST V k-h hereby disclose that on aT 20 ?�3 (a) A measure came or will come before my agency which (check one) — inured to my special private gain or loss; — inured to the special gain or loss of my business associate, — inured to the special gain or loss of my relative, inured to the special gain or loss of—&-b 0 Phctlk! h0rd RO, -Cr 0j) n MPLI by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: rbtl�- — (1Z) uw� -R Date File6 S I a i ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §i12.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, 64 A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. MOOO PAGE 2