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2003-08-05 RegularCITY OF OKEECHOBEE AUGUST 5,2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION A(;FNnA 1. CALL TO ORDER - Mayor: August 5, 2003, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Hernan Afanador; Pledge of Allegiance led by Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Adriana Berry IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Recognize Lydia Williams for twenty years of service with the City B. Recognize Jerome Smith for twenty-five years of service with the City. C. Recognize Cleveland Lamb for thirty years of service with the City PAGE 1 OF 7 Mayor Kirk called the August 5, 2003 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Afanador of the Church of Our Savior; Mayor Kirk led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent Mayor Kirk presented a Longevity Service Award to Mrs. Lydia Jean Williams for her twenty years of outstanding service to the City and its residents as an employee in the Clerk's Office and Finance Department. Mayor Kirk presented a Longevity Service Award to Mr. Jerome "Jay" Smith for his twenty-five years of outstanding service to the City and its residents as a employee of the Police Department. Mayor Kirk presented a Longevity Service Award to Mr. Cleveland Lamb for his thirty years of outstanding service to the City and its residents as a employee of the Public Works Department. Mayor Kirk and each Council Member took a moment to thank these employees for their dedication, faithfulness and hard work they have given to the City over the years, they are most appreciated. AUGUST 5,2003 - REGULAR MEETING - PAGE 2 OF 7 AGENDA COUNCIL ACTION - DISCUSSION. VOTE IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. D. Proclaim the week of August 10 through August 16, 2003 as "Health Mayor Kirk read the following proclamation in its entirety: "WHEREAS, Florida Community Health Centers, Inc. is Center Week." a private, nonprofit corporation that provides high -quality, comprehensive primary health care to uninsured and medically under served people in Okeechobee; and WHEREAS, Florida Community Health Centers, Inc. has made great strides in expanding access to affordable health care and reducing health disaparities while empowering the community to address special needs and decrease the cost of illness through preventative strategies; and WHEREAS, Florida Community Health Centers, Inc. has improved the health status of Okeechobee promoting health awareness and providing primary care and preventive health services of the highestquality to reduce preventable deaths, costly disabilities, andcommunicable diseases; and WHEREAS, Florida Community Health Centers, Inc. serves a vital safety net delivering care to 43,000 patients annually regardless of insurance status or ability to pay, and contributes to the health and overall economy of the community with health services, jobs, leadership and investment, and WHEREAS, Florida Community Health Centers, Inc. promotes 100% access and zero health disparities to help achieve primary health care for all people. NOW THEREFORE, I James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the week of August 10 through August 16, 2003 as 'Health Center Week. " Dr. Sue Russell and Ms. Missy Rhodes of the Florida Community Health Care Office were present to receive the V. MINUTES - City Clerk. proclamation and thanked the Mayor and Council for dedicating Health Center Week. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the July 15, 2003 Regular Meeting. III July 15, 2003 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. III There were none. AUGUST 5, 2003 - REGULAR MEETING - PAGE 3 OF 7 AGENDA VII. NEW BUSINESS - Mayor. A. 1. a) Motion to read by title only and set August 19, 2003 as a public hearing date for proposed Ordinance No. 833 regarding Application No. 03-004-R submitted by Mark Goodbread - City Attorney (Exhibit 1). b) Vote on motion to read by title only and set public hearing date c) City Attorney to read proposed Ordinance No. 833 by title only 2. a) Motion to approve the first reading of Ordinance No. 833. b) Discussion. COUNCIL ACTION - DISCUSSION -VOTE Council Member Watford moved to read by title only and set August 19, 2003 as a public hearing date for proposed Ordinance No. 833 regarding Application No. 03-004-R submitted by Mark Goodbread; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 833 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 HOLDING (H) ZONING DISTRICT TO RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGL Y, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DA TE. " Council Member Markham moved to approve the first reading of proposed Ordinance No. 833; seconded by Council Member Williams. This ordinance addresses Rezoning Application No. 03-004-R submitted by Mark Goodbread on behalf of the property owner, Gagbee, Inc., George Goodbread, President. The application is requesting to rezone Lots 1 through 6 and 21 through 26 of Block 18, CITY OF OKEECHOBEE from Holding to Residential Multiple Family. The property is approximately 2.5 acres and located between Northeast 11 1h and 12t' Streets. The Council recently approved a Future Land Use Map Amendment regarding this property. Should this ordinance be adopted, the zoning designation would then be consistent with the future land use designation. The property owner is proposing to build multi -family or duplex type housing on the property. There was no discussion from the public at this time. AUGUST 5, 2003 - REGULAR MEETING - PAGE 4 OF 7 AGENDA COUNCIL ACTION - DISCUSSION - VOTE V11. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. 1. a) Motion to read by title only and set August 19, 2003 as a public Council Member Watford moved to read by title only and set August 19, 2003 as a public hearing date for proposed hearing date for proposed Ordinance No. 834 regarding Application Ordinance No. 834 regarding Application No. 03-005-R submitted by Anselmo and Mary Anne Madrigal seconded by No. 03-005-R submitted by Anselmo and Mary Anne Madrigal - City Council Member Markham. Attorney (Exhibit 2). 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. c) City Attorney to read proposed Ordinance No. 834 by title only. Attorney Cook read proposed Ordinance No. 834 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 RESIDENTIAL MULTI- FAMILY(RMF) ZONING DISTRICT TO LIGHTCOMMERCIAL (CL7) ZONING DISTRICT, AMENDING THEZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of Ordinance No. 834. Council Member Markham moved to approve the first reading of proposed Ordinance No. 834; seconded by Council I Member Chandler. b) Discussion. This ordinance addresses Rezoning Application No. 03-005-R submitted by the property owners, Anselmo and Mary Anne Madrigal. The application is requesting to rezone Lot 6 and the West half of 5 of Block 89, CITY OF OKEECHOBEE from Residential Multiple Family to Light Commercial. The property is approximately 0.241 acres and located at Northeast 6' Street and 2" Avenue. The Council recently approved a Future Land Use Map Amendment regarding this property. AUGUST 5,2003 - REGULAR MEETING - PAGE 5 OF 7 AGtNQA, COUNCIL ACTION - DISCU SSION -VOTE VII. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. Should this ordinance be adopted, the zoning designation would then be consistent with the future land use designation. The property owner is proposing to build a gift shop on the property. There was no public discussion regarding this proposed ordinance at this time. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. Consider a new contract for the City Planning and Zoning Services - Mr. Jim LaRue of LaRue Planning and Management Services, Inc., presented a memorandum in Exhibit Three, City Administrator (Exhibit 3). illustrating the positive increase in volume of Comprehensive Plan Future Land Use Map Amendments, Rezongings, Special Exceptions, Variances and Site Plan Review Applications. The time period illustrated is January 2001 through July 2003. Included with the Exhibit was an amendment to the existing Planning Consultant Agreement to increase the current fees from twenty-five hundred dollars ($2,500.00) per month to thirty-five hundred dollars ($3,500.00) per month. The Council discussed the proposed increase at length. Following the discussion, Administrator Veach was instructed to research what other entities are Davinq to contract this service out. The information should be Dresented at the next Council meeting for further consideration regarding the proposed Agreement Amendment. D. Motion to adopt Resolution No. 03-8 regarding guidelines for use of Council Member Williams moved to adopt proposed Resolution No. 03-8 regarding guidelines for use of the City Park; the City Parks - City Attorney (Exhibit 4). seconded by Council Member Watford. Note: A revised Resolution was distributed at the Council's seat's prior to the I meeting. The revised copy contained corrected information in paragraph number five. Attorney Cook read proposed Resolution No. 03-8 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA TO ESTABLISH GUIDELINES FOR USE OF PUBLIC PARKS OR OTHER LANDS OWNED BY THE CITY OF OKEECHOBEE FOR CERTAIN CHARITABLE OR BENEVOLENT ORGANIZATIONS; PROVIDING FOR AUTHORITY TO REVIEW SUCH APPLICATIONS; PROVIDING FOR STANDARDS FOR REVIEW, PROVIDING FOR GUIDELINES FOR SUCH ORGANIZATIONS TO FOLLOW, PROVIDING FOR INSURANCE REQUIREMENT, PROVIDING FOR AN EFFECTIVE DATE." AUGUST 5,2003 - REGULAR MEETING - PAGE 6 OF 7 VII. NEW BUSINESS CONTINUED. D. Motion to adopt Resolution No. 03-8 regarding guidelines for use of Council Member Watford moved to amend proposed Resolution No. 03-8 to add "OR THE GENERAL PUBLIC" the City Parks continued. III in the title after " . . . OR BENEVOLENT ORGANIZATIONS: . . ." seconded by Council Member Markham. VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION To AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED As AMENDED. E. Motion to appoint John Koepke as Trustee to the Firefighters' Council Member Watford moved to appoint John Koepke as Trustee to the Firefighters' Pension Board for a two year Pension Board for a two year term beginning August 5, 2003 and term beginning August 5, 2003 and ending August 5, 2005; seconded by Council Member Williams. ending August 5, 2005 - Lt. Bill Douglas (Exhibit 5). 11 Council expressed their appreciation to Mr. Koepke for his willingness to serve. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. AUGUST 5,2003 - REGULAR MEETING - PAGE 7 OF 7 AGENDA VII. NEW BUSINESS CONTINUED. F. Motion to approve amendments to the City's Personnel Policy and Council Member Watford moved to approve amendments to the City's Personnel Policy and Procedures Handbook Procedures Manual regarding nepotism - City Attorney (Exhibit 6). 111 regarding nepotism; seconded by Council Member Markham. There was a brief discussion regarding this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. G. Motion to approve a taxi cab permit for A-1 Taxi and All County Taxi Council Member Watford moved to approve a taxi cab permit for A-1 Taxi and All County Taxi Corporation; seconded Corporation - City Administrator (Exhibit 7). 111 by Council Member Williams. There was brief discussion regarding this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Vill. ADJOURN MEETING - Mayor. Please take notice and be advised that if a person decides to appeal any decision There being no further items on the agenda, Mayor Kirk adjourned the August 5, 2003 meet at 6:57 p.m. made by the City Council with respect to any matter considered at this meeting, helshe may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, Mayor AFFIDAVIT OF P,-.,LISHE OKEECHOBEE TIMES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared J-W- Owens who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a 121 IBI IC N in the matter of CITY C01 IN -11 ME CITY t-'Ir nvFFr-"nR[-F 55S[THI OKEECHOBEE, FL 34974-_2932---------------� 941 �rl '1')7) In the ---- � Court, was published in said new paper in the issues of 07/31/2OD3- Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly 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 lie 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. W. Owens, 05ublisher) Sworn to and subscribed before me Lhis___dLQj__day of V A.D. 2003 P'RY P& OFRCIAL NOTARY SEAL (SEAL) Notary Public 0 nosEALEE A BRENNAN '0 COMMISSION NUMBER CC 940770 My COMMISS�ON EXPIRES OF F�O JUNG 25,2oO4 CITY COUNCIL MZZMG-Nonce NOTICE IS 14�ErCB'=yGn Uva city fak"" S. 2003. Rcsolar'= 6:00 P.M � a 55 SE Itsn 200. Flotk1a. MW Pubfila; invited and. OfjIw agerds 763-3312- 212. PLEASE TAYE NOTICE AND 01'-, ADVISED t- if -Y P"'On d"i'" to " z y dociim made by the coul" - Wr alpeet to any MAW ' at dig - ---.-A pe, �ju rwed � Ince . W%, SO& itgaeged W for such pOk- --d 0' d'a roca'6W' bf. fe?�10 pose nay nebd to awura a Va of ft prooce&W Mde �VhA record cA evidence UPOn W dud" the testanony PPd i, to be bow& T" Ke U"d Ic' CIffles t1w wk purp— of back-p I In acOOVW" with ft Arnewsm with Di.baities Act (ADA) "UI Florida Statute *th disabilities needin SPO' 296.26. P— ci.1 accormnodation to PartiOP"t 'n.d�s Pro- ..odi., &Ow oontwt Lane GROUMM. Im I.,, h. t.0 (2) w.&V days PdOf 10 010 proo,eft at 963,763-3372 x 214; if YOU SIP .heat,ng of voice iinpaind, cadl TDD 1,81-t 222'3448 (VOW - 1-M*"47-5620 (NY 1 )3 byz &%NE GAbUOT" City CIwk rUBLIS110713V2003 0'ariatonEETWES VED A 610/, 2003 U& S I v CU q� M PAGE -1 - CITY OF OKEECHOBEE -August 5,2003 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: ±�, kY-- August 5, 2003, City Council Reqular Meetina. 6:00 i).rn 11. OPENING CEREMONIES: Invocation given by.Pastor Hernan Afanador. 0� �ik UU-,A(LUL0,v, Pledge of AlleQiance led by Mavor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. I UT F-111 B. 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 Deputy Clerk Adriana Berry Present Absent PRESENTATIONS AND PROCLAMATIONS - Mayor. j-, Z: C Recognize Cleveland Lamb.for thirty years of service with the City. [,[-a I 1-",.- -0 kou !- ;� T _1 -�, 4- 1), � LJ . C�J* _V1 " o_u -4(o_ � D. Proclaim the week of August 10 through August 16, 2003 as "Health Center Week." "-M)L,ju� 4�uL� Lk (;U) "'WHEREAS, Florida Community Health Centers, Inc. is a private, nonprofit C'\4orati that p 'd h' h quality, comprehensive primary health care to uninsured and medically rovi es_,% n ry -_��kn "saerve eople in Okeechobee; and WHEREAS, Florida Community Health Centers, Inc. has made great strides in expanding access to affordable health care and reducing health disaparities, while empowereing the community to address special needs and decrease the cost of illness through preventative strategies; and WHEREAS, Florida Community Health Centers, Inc. has improved the health status of Okeechobee promoting health awareness and providing primary care and preventive health services of the highest quality to reduce preventable deaths, costly disabilities, and communicable diseases; and WHEREAS, Florida Community Health Centers, Inc. serves a vital safety net delivering care to 43,000 patients annually regardless of insurance status or ability to pay, and contributes to the health and overall economy of the community with health services, jobs, leadership and investment; and WHEREAS, Florida Community Health Centers, Inc. promotes 100% access and zero health disparities to help achieve primary health care for all people. NOW THEREFORE, I James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the week of August 10 through August 16, 2003 as "Health Center Week. " Recognize Lydia Williams for twenty years of service with the City, Ip" L( Recognize Jerome Smith for twenty-five years of service with the City hccU_&_) PAGE -2- V. MINUTES - City Clerk. A. Council Member 1 V\ Kj,,� moved to dispense with the reading and approve the Sumrqary of Council Action for the July 15, 2003 Regular Meeting; seconded by Council Member LK-� VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION (�!71E-D) - DENIED V1. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. NEW BUSINESS - Mayor. A.1.a) Council Member moved to read by title only and set August 19, 2003 as a public hearing date for proposed Ordinance No. 833 regarding Application No. 03-004-R submitted by Mark Goodbread - City Attorney (Exhibit 1); seconded by Council Member b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION ��IED DENIED c) Attorney Cook read proposed Ordinance No. 833 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 HOLDING (H) ZONING DISTRICT TO RESIDENTIAL MULTI- FAWLY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. 2.a) Council Member I moved to approve the first reading of Ordinance No. 833; seconded by Council Member b) Discussion. ,JX(Tf VjUad AQ 0- kQ 1 c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION -�ARRIDED- DENIED PAGE -3- B.1.a) Council Member W moved to read by title only and set August 19, 2003 as a public hearing date for proposed Ordinance No. 834 regarding Application No. 03-005-R submitted by Anselmo and Mary Anne Madrigal - City Attorney (Exhibit 2); seconded by Council Member — I )-V\, — b) Vote on motion to read by title only and set public hearing date. VQR YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION (6R�Rl DENIED C) Attorney Cook read proposed Ordinance No. 834 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 RESIDENTIAL MULTI-FAMILY(RMF) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. 2.a) Council Member moved to approve the first reading of Ordinance No. 834; seconded by Council Member Q—/ - b) Discussion. f C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK V CHANDLER MARKHAM WATFORD WILLIAMS MOTION DENIED A PAGE -4- C. Consider a new contract for the City Planning and Zoning Services - City Administrator (Exhibit 3). k, At 11 �1 C�—LLI (�,LA 54 AbnLC, aaf /,4Ud hq., OJk LIT N-4�-W FP U u� ar) cuul. D. Council Member moved to adopt Resolution No. 03-8 regarding guiqelines for use of the City Parks - City Attorney (Exhibit 4); seconded by Council Member D�j Attorney Cook read Resolution No. 03-8 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA TO ESTABLISH GUIDELINES FOR USE OF PUBLIC PARKS OR OTHER LANDS OWNED BY THE CITY OF OKEECHOBEE FOR CERTAIN CHARITABLE OR BENEVOLENT ORGANIZATIO�A; PROVIDING FOR AUTHORITY TO REVIEW SUCH APPLICATIONS; PROVIDING Fq9,%TAl4IMDS FOR REVIEW; PROVIDING FOR GUIDELINES FOR SUCH ORGANIZATIONS TO 'FOLLOW; PROVIDING FOR INSURANCE REQUIREMENT; PROVIDING FOR AN EFFECTIVE DATE. VOTE KIRK CHANDLER MARKHAM WATFORD WILLIAMS YEA NAY ABSTAIN ABSENT L.- MOTION L� CARRIED�' DENIED 1�1 - Ctul Lffa, , �1�twd - PAGE -5- E. Council Member moved to appoint John Koepke as Trustee to the Firefighters' Pension Board for a two year term beginning August 5, 2003 and ending August 5, 2005 - Lt. Bill Douglas (Exhibit 5); seconded by Council Member A- L VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION ARRiEb DENIED F. Council Member moved to approve amendments to the City's Personnel Policy and Proceduresd�" regarding nepotism - City Attorney (Exhibit 6); seconded by Council Member Lq Lc Ll J�, L�-/ LVI- v, - f - I VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION CCAR7RIE:Q�� DENIED I r PAGE -6- G. Council Member �)o� moved to approve a taxi cab permit for A-1 Taxi an�l All County Taxi Corporation -City Administrator (Exhibit 7); seconded by Council Member bp VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION DENIED 1c, V ?I- P CD CD (D CD CD omo 0-0 CD IR CIO 00 00 R 0 CD CD CD ID oQ 00 CD 0 0 K- on 00 0 �71 CD CD (D OQ 0 0 CD (IQ 0 tv 0 > > "C) 9z 0 0 -CD ,.� 14 r) OQ 10 ril m (D o 'CID q- n (D CD C, 0 0 a gr rjQ n CD :3 R AQ 1. tA kli 4 -4� (D Z 0 p o C) n CD 5* CD 0 0 > 0 LA 0 0 C:� 0 I CD 0 0 ar cr CD CD 0 CD CD & CD e+ n p a PL -+ CD CL (D CP ar 0.0 0 0 CL p CD 0 CL CD Ia. 0� CIl 0 (D 0 Ia. 0 (D aq 1. 0 0 0 0 CL COD COD 'A 0 z 0 z p !Z '0 (D CD 00 w r_ I C) CD 0 P z 0 0 0 (D 00 CD CD w ID 00 > 9" ID 0 1+ 0 CD Oin U3 SD w JR * 0 CL C=D' CD (FO > r-L to 0 0 0 CD 0 CL C) CL CD z z p p 00 w 00 UP a rA c r cr w CL fb .100 so 0 C 00 L = fb CL to to n 0-0 w 35- CL. (s Ob CL. Im 'A cr CIO a j 10 fb fb CL L:� 2. no C6 fb 0 rr 7-2 L—A 4 N, 0 0 .9 It$ t 0 A� CD 0 0 (D (D 0 21. It 0 CL CL (D CD -f CD 00 14 CI. CD �cj 0 0 (D CN 0> 4 0 r+ C) foil, (D ITI 9' �v CD tz 0 E� 0 CD CL CD Iq 0 0 10 r+ 0 0 z CD (n rn CD 0 r+ PIN ci 0 rA oq 'Mr Office of the Mayor Okeechobee, Florida -z rpora on,thai Florida Community Health Centers, Inc. is a private, nonprofit co ti uAlity, comprehensive primary healthcare to uninsured and medically undeserve'---'-,, in Okeechobee; and . . . . . . . . . . . . Florida Community Health Centers, Inc. has made great strides in expanding ac�-- affordtiblo' health care and reducing health disparities while empowering the commuiiit address 'special needs and decrease the cost of illness through preventive strategies; ancj.lr`, 'REM, Florida Community Health Centers, Inc. has improved the health status of Okeech61-*'6'­'-!",, promoting health awareness and providing primary care and preventive health services'df highest quality to reduce preventable deaths, costly disabilities, and communicable diseases; ah&%, WHEREM, Florida Community Health Centers, Inc. serves a vital safety net delivering care to 43,000 patients annually, regardless of insurance status or ability to pay, and contributes to the health, and overall economy of the community with health servicesjobs, leadership and investment; and WHEREAS, Florida Community Health Centers, Inc. promotes 100% access and zero health disparities - to help achieve primaxy health care for all people. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby prx)claim the week of August 10 through August 16, 2003 as "Health,, Center Week." In witness "f I have hereunto hani can W this seal to be James E. Mirk, Mit Attest: Lane Gamlotea, Clt*,� Date: a -1 -71 ExHIBIT 1 — AUGUsT 5 AGENDA ORDINANCE NO. 833 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 HOLDING (H) ZONING DISTRICT TO RESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND 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 (Petition No. 03-004-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 2.5 acre(s) from Holding (H) Zoning District to Residential Multi -Family (RMF) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allowforthe 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 1 to 6 and Lots 21 to 26, Block 18, City of Okeechobee, According tot he plat thereof recorded in Plat Book 1, Page 10, 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 Holding (H) Zoning District to Residential Multi -Family (RMF) 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 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 51 day of Augus 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of August, 2W3. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 4 t" M EA > � m > > > > 9 81 rD C) CD 0- (D 0 CV p rD 0 ca. rt 2pl: > > 0 cr (7, a' C7 cr (7, ol IWII = 0 CD �3 p ("D CD n CD -0 > -0 -,1 -1� -1� --p > -�j W(D rD uc ro w 0 CI) CD 2. > s (D CD In- a a Cc) Fj C5 Z 0 ITI 0 CD 8, 'IQ 0 C) R 0 CD (D .6 0 w F�rD rl -ID > 0 CD CD CD CD C) 0 Cr CD C, qQ p CD En cr W LD. W CD C-L -rD CD CD 5 (D D CD c) o (D 0 0 P =3 0 CA ca. R3 --,; GQ M > > > CD Q C-D (D (D pa tr 23 0, C) C7 0 > 0 (-n CD CD (7' CD CD 0 CD 0 C) ;J R" 0 9 Z ", �3- �3' -, — I'D (D �:T- a �o qc� M" CL ('D N (D 0 -C� �,B (D� C/) C/3 =r CD CD x E3� E;, - I, E� �; < " s (Tq CL rD CD UO N CD CL (D CD ID 0 (D CD CD CD CD Sj; Z < rD (D 20 0 0 CD (D (D EL a CD ('D CD (D CD N o r) (D CD 0 C"D 0 cn cr CD 0 �3- (D "CD Cr 0 a En (4. w dQ w CD (D �n g 0 CD- "0 0 N cn (D Cl. CD 0 N CD CD 5 - a R 0 CD - 2. r > rD P'�" �L = pr CD� UQ Q. CD p CL -7 CD rD > (D CD CD 4. CD CD CD (D C3 C) Er CD CD 0 C �z C) r—. tz CD tz r, 75 " R E2. co Z a a- 0 CD rD cr cr CD CD 0- n 0 0 ta. (D E; 0. Ei cr w 0 (D rD " Uq 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 Staff Report Rezoning Request From Holding to Multi Family Residential Petition No. 03-004-R Preparedfor: The City of Okeechobee Staff Report Rezoning Request Petition Number: Owner: Owner Address: Owner Phone Number: 03-004-R Gagbee, Inc. 12575 Highway 70 E. Okeechobee, FL 34972 863-763-2838 Applicant: Mark Goodbread Petition No.03-004-11 Property Control Number E,xisting P-3-15-37-35-0010- Proposed 00180-0010 Future Land Use Single -Family Residential Residential Multi -Family Designation Zoning District Holding except lots 7 & Residential Multi -Family 20 (RMF) (RMF) Acreage 3.5 3.5 Density N/A Could be 35 dwelling units) Access NE 11 NE I I"' & 12"' Street Location: 200 Block of NE I Vh & 12th Street, Okeechobee Legal Description: Lots 1-6 & Lots 21-26, Block 18 Request The applicant requests a change in the zoning of the subject property from Holding to Residential Multi -Family. The subject property is situated approximately four hundred feet east of U.S. 441 and is bordered by N.E. 12th Street on the north and N.E. I I th Street on the south. The property is 3.5 acres in size and is presently vacant with trees and undergrowth on the lots. Most of the subject lots are in a Holding Zoning category except lots 7 and 20 which are Residential Multi -Family. If developed, the property could have approximately 35 dwelling units on site. In terms of location, the subject property is behind or east of the Family Health Clinic which fronts on Highway 441 (Parrot Avenue) and there is a single family home abutting the southwestern ed e of the property on N.E. I I th Street. The scattered dwellings to the south along N.E. I I Street look to be duplexes or multi -family. Other surrounding areas to the north and east contiguous to this property are vacant wooded areas. In reality, N.E. 1 11h Street and 12 1h Streets are not paved at this point and N.E. 3 rd Avenue is not a functioning street at this location. Staff Report Rezoning Request Subject Property Applicant: Mark Goodbread Petition No.03-004-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 Holding Vacant lots on 12 th Street Single -Family Residential Multi -Family Vacant (woods) Single -Family Residential Multi -Family on I I Ih Street (duplexes) Commercial Residential Multi -Family Sin yle Family residence on I I street. Further west is the Family Health Clinic fronting N. Parrott Avenue. Staff Report Rezoning Request Applicant: Mark Goodbread Petition No.03-004-11 Single Family Residence Back of Health Clinic This rezoning request is reasonable in this specific situation because multiple family development is appropriate at this time and location. Currently, the neighborhood is not fully developed, and the adjacent streets should be constructed prior to with the development of the property. Other concurrency issues would also need resolution. I ArAysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The request is consistent with a Future Land Use map recent amendment, and Future Land Use Policy 1. 1, Traffic Circulation Policy 8.1 and Housing Policy 1. 1. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. Section 90-192 specifically permits multiple family dwellings in the Residential Multiple Family (RMF) District. 3. The proposed use will not have an adverse effect on the public interest. The proposed use should benefit the public interest of the City. 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 subject property has adequate access to a busy arterial directly to the west and is surrounded on the east, south and west by similar RMF zoning. Staff Report Rezoning Request Applicant: Mark Goodbread Petition No.03-004-R 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 should improve adjacent property values and may well assist in the development of adjacent property. 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 property is of sufficient size to provide adequate buffering with surrounding land uses. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The Utility Authority has sewer and water service available for this site. N.E. I 1'h and 12 Ih streets would have to be built with some developer responsibility prior to the proposed development. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Construction standards for NE 1 Vh and 12 Ih Streets should solve any potential flooding or drainage problems, and a traffic impact analysis should be under taken to demonstrate that multiple family development can be accommodated at this location. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Developer participation in construction N.E. I I Ih and 12th Streets would not be an unusual or inordinate burden. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public we�fare. The subject property is surrounded on three sides by similarly zoned parcels. Thus the proposed change would not grant special privilege to the subject owner. St immary and Conclusions Prior to Certification I The subject property is located in a not fully developed area about 400 feet east of N. Parrott Avenue (Highway 44 1). With construction of NE 11 th and 12 th streets and connection to available sewer and water utilities, the proposed multiple -family development appears compatible and should help to improve property values. Staff Staff Report Applicant: Mark Goodbread Rezoning Request Petition No.03-004-R recommends the rezoning be approved as consistent with the Comprehensive Plan and Zoning Code. I Landscape Regulations I The proposed use would be required to meet the landscaping and buffer requirements of City Code Chapter 90, Division 4, sections 90-531,532 and Sections 90-536 through 543. I k"tachments I Attachments to this Staff Report include the Zoning Atlas Map indicating the location of the subject property. Submitted by: James G. LaRue, AlCP July 8, 2003 ) :Zcj a IIIPI a M lit MTN � a a: � c A v 76aff 764444N 9 6 s a City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room 101 eechob e, Florida 34974-2903 Phone: (863) 763-3372, ext. 217 Fax: (863) 763-1686 Rate- Zia - Petition No C/,.�� -F=Paid---4 Jurisi. 1: Ist Hearing. :20Hearin&' Publication Dates;- -7 0 44 - r-)'-� F;;;;�kd: Uniform Land Use Application Rezone - SDecial ExceDtion - Variance Name of property owner(s): 0-,A,,txr— Owner mailing address: -cl-ek e 3 4t,7-72- Name of applicant(s) if other than owner (state relationship): I Applicant mailing address: I �;L S-7 q- c- )X c- *9 4,f -7 -z A Narne of contact person (state relationship): N Contact person daytime pho ne(s): ax:' Property address / directions to property: V�v,,-j 4ql -Nay--4— Indicate current use of property: D 'b er/type of dwellings�and;�th&hif6ii&upied (if n6ne,so state): escri e improvements on property, including num� —1W F Y-* Approximate number of acres: —IS propertJ in a platted subdivision? N11 C Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe-, P � o � 1 .1, R 0 Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, P nature and applicant's name: E R Is a sale subject to this application being granted? T Y Is the subject qarpel your total holdings at that location? If not, describe the remaining or intended uses: V10— 'be ad Descri joining land uses improvements to the North: IL E South: ast: Vo- co, West: Existing zoning: ok yrt- 4c)W Future Land Use classification: 7Z" SIE Actions Requested: Z�L) Rezone Special Exception Variance Parcel Identification Numb er: tonfir'xn*ation of Information Accuracy I hereby cer I tify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in proc sm y request. False or misleading information may be punishable by a fine of up to ris en of to 30 days and may result in the summary denial of this application. Printed Name Da�4-100' Uniform LandVse Application (rev. 1103) Page I of 2 Z Current zoning classification: IT01 J// Requested zoning classification: X R I your desired permitted use under the proposed classification: 4 j.-Ygi E Mat Z 0 N If grantei, will the'new zone be contiguous with a like zone? 7­-, E Ne� HIs a Special Exception necessary for your intended use? -Variance? Describe the Special Exception sought: S_ .E C Provide specific LDR ordinance citation: A L Are there other similar uses in the area? Is so, describe: X� C E Why would granting your request be in the best interest of the area and residents? T If business, briefly describe nature including number of employees, hours, noise generation and activities to e 0 N conducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: A N C Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? ..... ...... Z Uniform Land Use Application (rev. 1/03) Page.ni2A�f Commercial Acreage * Groves Residential A Full Service Real Estate Firm Licensed Real Estate Broker State Cert. Res. REA 3326 June 16, 2003 City of Okeechobee General Services # 10 1 City Hall Southeast 3 rd Ave. Okeechobee Fl. 34972 RE: Lots I thru. 6 and Lots 21 thru 28 Block 18 City of Okeechobee To whom it may concern, The owner of Gagbee Inc. George Goodbread has authorized me to manage his affairs with respect to the zoning of the property described above. Mr. Goodbread would like to change the zoning on the property from holding to Residential Multi Family, so that he may build triplexes in the future. Thank you for your consideration. Re pectf u itted ar Goodbreau Lic. Real Estate Agent 104 N.W. 7th Avenue e Okeechobee, Florida 34972 e-mail: realestate@tucker-group.com * website: www.tucker-group-com pleDarvid b"(14-1111,11"Q JOHN D. CASSELS. JR. Attorney at Law Ca ssels & McCall P.0, Box 968 400 NW Second Street Okeec hob*e. FL 34973 File No.: 701 Parcel Identification No. 3-15-37-35-0010-00180-0010 ? G ILI I "EC C) 'Ir9RD ( - I LA 383263 03 JAN - 8 KI 3: 01 CLERK OF CILCUIT COURT JSoace Above This Line For Reco.ding Datal Warranty Deed (STA TUTORY FORM - SECTION 689.02. F.S.) This Indenture made this 19th day of December. 2002 Between JOHN BURKE, a married man whose post office address is Box 2SI, Winston, GA 30187 of the County of Douglas, State of Georgia, grantor*, and GAGBEE, INC.. a Florida corporation whose post office address is 12575 Hwy. 70 E, Okeechobee, Fl- 34972 of the County of Okeechobee, State of Florida. grantee', NVitnesseth 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 1 THROUGH 7, INCLUSIVE, AND, LOTS 20 THROUGH 26, INCLUSIVE ALL IN BLOCK 18, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor' and 'Grantee" are used for singular or plural, as context requires. In %Vitncss Whcreof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Nam�n e. State of -1 Coun". ol'.X N2 I 'Itic foregoing instrument bcforc nic 0ii, personallyknimnorl lhasproducckl G FPI W, IA (Seal) J01 BURKE (I;i% ,I'Dccemhcr. 20412 h\ 101IN III RKI., \kho M 1� Prinicd Name. \PtTC, Nxuav!ntary S;.amps pairi in the arryxint (71 litbinobie T" i�aid ;n 9w. aiii,Aiw rit S — 0— Sh)trnn RNv.rmon. CIP6 of ! lomlil �� ��') 1 13Y 21 W- 4 Date: Okeechobee County Property Appraiser - Map Printed on 6/17/2003 10:36:11 AM Page I of I a 44- i 8 7 2 10 S a T S 4, 3 2 1 4 a 2 1 4 14 24 25 26 s Is 17 is 119 20 21 22 23 24 25 26 6 7 a 16, -M 3- r=D r 9 7' 2 12 a, 2 to S 6 7 5 4 1 S 4 3 2 % 110.a 13 24 is 17 19 191 26 21 22 23 24 25 :26 7 S 9 to It k4r.s .5 To so �0 +h 50 1104 NE Ja I 60 C-11 GBEE INC ca 1 2�1 WZrSj2 - TJ Tj,]7AFj V, U 2 12 10 9 8 7 6 M 4 3 2 1 4 3 2 IN X, 4 $ 17 1* 19 20 21 22 23 24 25 S 101 it 12 13 14 is 16 17 1* 4 rs 4T.5 -44 so a 70 so N.E.11 TH STIREET 3 7 2 to 9 a 7 4 2 1 13 11 1& 4J 0 7 6 4 3 2 1 14 a 23 Z4 2s 6 17 la IS 20 21 22 23 24 2S 26 14 15 IQ* 17 Is IS 20 1 241 2.5' 26 5 la !0 70 N.EAD TH STPEET 10 9 a 7 S 4 13 12 it 10 S a 6 S 3 2 1 4 7 qJ 14 ee Okeechobee County Property Appraiser o' 12'0 24'0 360 ;t W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 3-15-37-35-0010-00180-0010 -NON AG ACR (009900) 7 INC, CITY OF OKEECHOBEE LOTS 1 TO BLOCK 18, Name: GAGBEE INC LandVal $891.00 Site: 0, Okeechobee BldgVal $0.00 12575 HWY 70 EAST ApprVal $891.00 Mail: OKEECHOBEE, FL 34972 JustVal $891.00 12119/2002 $1 0,000.00V / U Sales 12/1/1988 $O.00V / U Assd $891.00 Info 1 Exmpt $0.00 12/1/1988 $O.00V 1 U Taxable $891.001 http://www.okeechobeepa.comIGISIPrint_Map-asp?pjbnlkplhgmecipoffddhfacbdkkhhdopcn... 6/17/03 This information, Last Updated: 06/02/2003, was derived from data which was compiled by the Okeechobee County Property Appraiser's 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 the 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. This information, Last Updated: 06/02/2003, was derived from data which was compiled by the Okeechobee County Property Appraiser's 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 the 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. Illne low - KAM 'I, la-MIL13 9TM30 -31M'f aSQ -0 IJ LLI .e (d),091 WAL 5VI 3a,50.00S in (d),091 13).22 091 M.Z;Ao.aDN ME 7i AT. I Id, .DO -V. (d I 'Of 3)'a '69 Nil (dl,Dg; M.00 091 3,W,IOXCS 0 q� qvj;j 0- 4'e :gm Ia ld),09l U12C 091 ME100.00N �j T ExHIBIT 2 — AUGUsT 5 AGENDA ORDINANCE NO. 834 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 RESIDENTIAL MULTI-FAMILY(RMF) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND 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 (Petition No. 03-005-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.241 acre(s) from Residential Multi -Family (RMF) Zoning District to Light Commercial (CLT) 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: Lot 6 and the West half of Lot 5, Block 89, Okeechobee, according to the plat thereof recorded in Plat Book 5, 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 Residential Multi -Family (RMF) Zoning District to Light Commercial (CLT) 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 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 51 day of Augus 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 191 day of August, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 :� 4 4 t, > 22 > S, ::r EL q El CD rD CIO E. CL 2t rD =,o rD 0 < 0 0 (7� t (5- cy- Er Er IrD rD TL .0i 5f C- 00 (D CA rD rD (D 5 �3 n GQ IN CD El :z �A It ITI ksJ 0-4 CD all p ca. 0 a N 0" cl CD 0 w :4 0 CD UQ C:) p 53 (D �3 CD 0 14. P Ia. C. 0 (D t,� (D 0 > Ei -e CD (Tq CD 0 0 (D 0 I 0 n 0 6-0 0 �3- (D CD w CD CD ID :� p f7— 0 CD (D 0 (D x U, 1:1. CD CD -C� W CD CL w (D p w C5 CD P,, 0 p zi Ct) n m m E3 (D , — - :I r"L p CD P 0 cn > Cr 0 0 CD Z.0 0- 0 X m > (D ca. aq 11 UQ > > > > (D (D 0 0 pi co E3 rol (D 0- CD CD V- (D no, n cn -1 ID Cm rx n 0- (D CA rL 0 C) x �o 1-7- Er CL CD CD �M. CD 0 go CO n CD C) (D M P :z dq R" 'R �Y- El CD n 0 0 E3 U(,:" 0 Ei E3 0 (D -3 R CD CD PJ -0 CA C) aq d 5 ID (D rD 0- FL 0 cr 0 0 r_ CD 0 CD 0 0 Ir" �:T- �, = CD CD (D ID X 0- = 0 - -- (D Z 0- 0 CD �3- E3 0, IM. �o 0 ca CD E3 w 0. w �:3 rD In- CL (D 0 N 0 0 N CD rD w W 0 WCD aq > FD (D cl, Cr ::r 0 P 0 4 U4 4 G (D CD 7� co P CA M E� 3 9 Fr K 0 PIN 10- �t CD > > > > > > > CD El E3 E3 (D CD 0 (D (D (D CD (D CD C) CD a i3 (D CD 0 E� �o FL CD CD El C7 (D " kl uj 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 Staff Report Rezoning Request From Mblfi-Famfly Residential to Light Commercial Petition No. 03-005-R Preparedfor: The City of Okeechobee Staff Report Applicant: Anselmo and Mary Anne Madrigal Rezoning Request Petition No. 03-005-R I General Information I Owner: Anselmo and Mary Anne Madrigal Owner Address: 1788 SW 8 th Street Okeechobee, FL 34972 Owner Phone Number: 863-462-5087 Future Land Use Map Classification Existing Commercial Proposed n/a Zoning District Multi -Family Light Commercial Existing Land Use Residential n/a Use of Property Residential Gift Shop Acreage 0.241 n/a Density 1125 sq. ft. residence_ (add off-street parking) Access Avenue NE 2 n' Avenue Location: 5 1 ONE 2 d Avenue Legal Description: Lot 6 and the West half of Lot 5, Block 89, Okeechobee, according to the plat thereof recorded in Plat Book5, Page 5, Public Records of Okeechobee County, Florida. I Rc quest: The applicant requests a change in zoning from Multiple -Family to LiPt Commercial for the subject property, which is situated on the N.W. comer of NE 6' Street and NE 3 d Avenue. At'jacent Future Land Use Map classifications and Zoning Districts: I 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: Single -Family RSF-1 single family residential Multi -Family RMF residential duplex apts. Multi -Family RMF duplex apartments West: Future Land Use Map Classification: Commercial Staff Report Applicant: Anselmo and Mary Anne Madrigal Rezoning Request Petition No. 03-005-R Zoning District: CHV (Heavy Commercial) Existing Land Use: vacant (future site of bank) The subject property was recently reclassified from Multi -Family to Commercial (on the Future Land Use Map, after most of the block had been reclassified from Single - Family several years ago). Light Commercial zoning would be the most appropriate district to be consistent with the Comprehensive Plan. 1. The proposed use is not contrary to Comprehensive Plan requirements. The request is consistent with a Small Scale Future Land Use Map recent amendment, and Future Land Use Policy 2.1:9(c) 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. Section 90-252 specifically permits retail stores and retail services in the Light Commercial District. 3. The proposed use will not have an adverse effect on the public interest. The proposed use would require buffering to avoid adverse effect on the public interest. 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 proposed use and required off-street parking would require buffering to avoid adverse effects on residential duplex units to the east and south. 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 and required off-street parking would require buffering to avoid being a deterrent to residential duplex to the east and south. 6. The proposed use can he suitably bufferedftom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood With sufficient fencing and screening the impact of the proposed use on residences to the east and south could be reduced. Staff Report Applicant: Anselmo and Mary Anne Madrigal Rezoning Request Petition No. 03-005-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Public facilities would not be over burdened by the proposed use. 8. The proposed use will not create tra c congestion, flooding or drainage problems, Of, or otherwise affectpublic safety. The subject property may be too small to provide required parking capacity and adequate traffic ingress and egress. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Adequate off-street parking and screening requirements would not be an unnecessary restriction. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change would only allow uses permitted on any other parcel in the Light Commercial zoning district. SLtrnrnary and Conclusions Prior to Certification I The subject property is the only parcel designated Commercial in a block amended to Multi -Family on the Future Land Use map a few years ago. Staff recommends approval only if sufficient fencing and screening could be provided to reduce the impact of required off-street parking on duplex residences to the east and south. I Landscape Regulations The proposed use would be required to meet the landscaping and buffer requirements of City Code Chapter 90, Division 4 Sections 90-531,532, and Sections 90-536 through 543. Attachments Attachments to this Staff Report include the Zoning Atlas map indicating the location of the subject property Submitted by: James G. LaRue, AICP July 8, 2003 941-334-6384 L.QRUE PLRNNING & MGT _1�63 P06 JUL OE 103 16:09 -nT M' :I r ZWIWG A71AS M" off C I I'T' OF OKEECHO EE LYING WITHIN A RATION OF SECTIONS 15, M 21 & 22 F, Fm TOWNSHIP 37 SOUTH RANGE 35 EAST OKEECHOBEE COUNTY, FLORID,$ milli L, ILI 141t.141, N " �t Itivi 1"'0023 14 *111 11 11 N IZ 11311411 1 13,1-11*11' 11.1 - K jOro N i too, i H LXE' � MAE mm manill � wm Emmm mm a ELIF ww-1199 MCA IWAL RUN mum WE F"mm UP, 111 11 I gill 1 11111111 11111 :1 gill 11 . 11 Ills 10" loin 1 11.1 1 IN MINI I ill I go i Z loll: oil I - -Arr -L - 7-11--1- 17- r- i T.- T -1 k�ftm T rr—il 1 1 1 1 j i I i I I 1 1- 1141"'IkT"' ""ill, 16 "I'vir 1".1161 7 T-. ago IF Ill cool I 10.4 E oil gill I MOVIE 11111 W I loll: 011 so m tw"' 1. lllill Igo I go loillimilloolal Ill Cityof Okeechobee General Services Department 55 S.E. 3"' Avenue, Room 101 ec o e, Florida 34974-2903 Phone: (863) 763-3372, ext. 217 Fax: (863) 763-1686 Date,:,. Petiti n No. 0 Fie Paid. -'lt) 00 Istil 0�!e ng::. 0: Publication Dates.- -7 41- -M Notice, Td: Uniform Land Use Application Vo-znna * Qr%Pei!m1RTePntiAn 9 Vflrinnep V Name of property owner(s): A Owner mailing address: _�L�O -CCU pll-,� P. Name of applicant(s) if other than owner (state relationship): 5 L L' Applicant mailing address: C A Name of contact person (state relationship): - N Contact p e*rson daytime phone(s): %13— 7(e'3 — 9-? 3 3 Fa'x':' V Property address I directions to property: etef- R `7 Indicate current use of property: LS including number/type of dwellings-and;��hjihiFRaupied (ifn6ne, so state): Describe improvements on property, AppKoximate niAber of acres: A Is property in a platted subdivision? Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe:'- P R 0 Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, P 44 nature and applicant's name: 'C -I- -2--o yy,,, N�-� C- E R Is a sale subject to this application being granted? T Y- - Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses improvements to the North: East:w\,LAi 4-1 West: C,,,&�J Existing zoning: Future Land Use classification: Actions Requested: C___) Rezone C__) Special Exception L—V-11,variance Parcel Identification Number: 3 - o; - 3 -. 0 Conrirmation of I nformation Accuracy' I hereby certify that the information in this application is correct. The infonnation 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 fme of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. d , ! -1 (a 4� F ;� I SignatuN Printed game DaV71 Uniform Land Use Application (rev. 1/03) Page I of 2 Current zoning classification: Requested zoning classification R 4 What is your desired permitted use under the proposed classification: E _tb- r- 11 V LA -e- r P vv'� Z LV N If granted, will the new zone be contiguous w I ith a like zone9 E is a Spe I cial Exception necessary for ypur intended use? -Variance? I (j /IN . X­ . . I 7 Describe Variance sought: v- O'_ V A R Describe physical characteristic of property that makes v . e necessary: A 4-L bm A S k4 \9 ualn N ccn- ic? Is so desAe: C Did you cause or contr to the characterist E the minimum variance necessary7 3. M, T. C'i Uniform Land Use Application (mv. 1/03) Nji, 2' of 2 PREPARED BY: Michael Hardman Soudraa,A Alliance of Foreclosure Specialists, LLC as PrIms ClIalliector forcontroct MR-OPC-21230 for the U S. Daparlmenrl of Housing and Uduu� Development 32SO Pointe Parkway, Suite 1000, Nonlioss. GA 30092 386156D Property Appraisers Parcel Identification (Folio) Numbers: Grantees SS #a: SPACE ABOVE Tills LINE FOR RECORDING THIS DEED NOT EFFECTIVE UNTIL t�'Iti-q 30, 2-00 —3 THIS INDENTURE, made the 13 1 -0- day of TU�LV_ A.D. 2--0-0--- by Me[ Martinez, Secretary Department of Housing and Urban Development, of Washington, D.C. herein called the Grantor, whose post office address Is 40 MARIETTA ST., FIVE POINTS PLAZA, ATLANTA, GEORGIA 30303, to ANSELMO MADRIGAL and MARYANN MADRIGAL, Husband and Wife whose post office address is 1788 SW 8TH STREET, OKEECHOBEE, FLORIDA 34974, hereinafter called the Grantees: (Whe—,usedirtusi. the I—s 'Grantor" and 'G,antse* Include all the parties to this Insimment and the heirs. legal representatives and assigns .1 Indlivid—Is, and the successom and assigns of cospon,lionsl W I T IN E S S E T H: That the Grantor, for and In consideration of the sum of Ten and Noll 00 Dollars ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby granis, bargains, sells, aliens, remises, releases, convoys and confirms unto the Grantee all that certain land situate In Okeechobee County, State of Florida, viz: Lot 6 and the West 1/2 of Lot 5, Block 89, OKEECHOBEE, according to the Plat thereof as recorded In Plat Bok 5, Page 5, of the Public Records of Okeechobee County, Florida. BEING the same property acquired by the Grantor pursuant to the provisions of the National Housing Act, as amended (12 USC 1701 et seq.) and the Department of Housing and Urban Development Act (79 Stag. 667). TOGETHER, with all the tenements, heredflaments and appurtenances thereto belonging or In anywise appertaining, and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof. And also all the estate, right. title, Interest, property, possession, claim and demand whatsoever, as well In law as equity, of the Grantor, of. In and to the same. and every part and parcel thereof, with appurtenances. TO HAVE AND TO HOLD, the above granted and described premises with the appurtenances, unto the Grantee(s), and the heirs and assigns of said Granlee(s), to [heir only proper use and benefit In Fee Simple forever. SUBJECT TO ALL covenants, restrictions, reservations, easements conditions and rights appearing of record and to real property taxes for the current and subsequent years and to any state of facts an accurate survey would show. AND life same Grantor does hereby specially warrant the title to said land against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS WHEREOF, the said Grantor has set his/her hand and seal as a true and lawful allorney-In- fact for and on behalf of [he said Secretary of Housing and Urban Development, under authority and by virtue of 35 F.H. 16106 (10/14/70), as amended, Tills 24, Chapter If, Part 200, Subpart D., and 35 F.R. 16106 (10/17170), as amended by F.R. 7608 (2/27/74). Signed, sealed and delivered In the presence of: Printed Net a Printed Name MEL MARTINEZ Secretary, Department of Housing and Urban Development By: Southeast Alliance of Foreclosure Specialists, LLC as Prime Contractor for contract NH-OPC-21230 for the U Department of Housing and Urban Development Printed NarriMMINIMI& Southeast Alliance of Foreclosure Specialists 3280 Pointe Parkway. Suite 1000 Norcross. GA 30092 STATE OF GEOR15" COUNTY OF d Y)i I(A Jan BEFORE ME personaiiYeppeasso! Is personally well Ifivown to me to be the duly appointed Allomay-In-Frecl for the U.S. 6epl. of HUD, and the person who executed the foregoing Instrument, by virtual of the authority veiled In her/him by the above .1sald Whodly, and ack—witidged before — that idhwts executed Itus same as for and on behalf of MEL MARTINEZ. Secretary. Department of Housing and 1. Ilut purposes thentin pressed. �44-'q -a State and County Iasi aforesaid I1xs(Q(Pday or % -3W4 --w- - ... h W as P11 -v <�" k A Ilk t" *a*,. '�AS CC CZ�4 Notary PublP My cotormasion Expires: C-1 +y yn 4 Je-4 CA C OLG*(-S 4 k -Tb OU�l \'� r')"Ns ?, &�+ t C) I I S[A.-,RD COASF LINEIPAILOAD �7) 2 11 12 13 14 i 16 17 19 20 i 2 3 6 1 42� 5 47. 5 47. 5 4 r 3 2 1 U) 7 10 1 12 9 142. 5 47. 5 47. 5 J 4e. 5 47 5 47.5 3 2 1 10 11 12 142. 5 1 4. 5 47. 5 UU C�) 1 42� 5 47. 5 47,5 3 2 1 6 7 cr cr 10 11 12 142� 5 47. 5 47. 5 142.5 47. 5 47. 5 4 3 2 1 f 7 J12 10 11 C�? W 142- 5 142. 5 12 2 13 14 15 16 6 17 7 to 8 19 9 20 142. 5 1 1142- 5 1 no N, 1. 7 T 1-1 5 T P F [ T 142.5 142. 5 t 42. 5 142.5 12 2 12 2 13 3 1 D j 3 14 4 14 4 15 5 t 5 �A 5 16 6 is 6 17 7 17 7 16 18 8 19 9 19 9 20 142.5 142� 5 1 o' 20 J42.5 142.5 10 [ HAt F AVE 50 50 ?G 50 50 70 50 50 70 5 4 3 2 1 4 3 2 1 6 5 4 3 2 1 -7 C) —7 r-� 7 8 9 10 11 12 7 8 9 1 C 11 12 50 50 50 50 N.F.6 TH STREET N.E.5 TH STREET �D 6 5 4 3 2 50 1 7 50 8 9 10 11 12 50 N.E.4 TH STREET 6 5 4 3 1 r7 8 9 10 11 12 7 8 9 10 11 t 2 (TWELFTH ST.) L�j L'i ca L�j Lj 7 8 9 10 11 12 U-i 7 8 9 10 11 12 L'i 2� 50 so 50 IELEVENTH ST.) 50 6 4 3 t 6 5 4 3 2 1 t 50 ;n 6 5 4 3 2 1 9 10 11 12 ( �ENN AVE. I 50 50 3 2 1 0 7 8 9 10 11 12 50 5 4 3 2 1 7 8 1 9 to it 12 F- 0 r- 0 co Q0 QL U) (D -0 0, o 'o SO D m 0 (b CL to To (D (D C) 0 In :3 0 < (D (D l< I � r (.) j I > (D < "; (T .1. - . (D ' I . I I ----) 0 , (- I ) , "I m z a (A (D c On (5D 0 PI 00 cr -0 3 (D :3 0- Q Ln 0- 0 rj 0 C) 0- 0 =3 CD 0 0- D — c 0 (1) 0 m (D m CD 0 �/) o 15' CL _0 0 D 0 C) On (D 0 m c) C- 3 ET -3 0 C, (D 0 m n D. I I (� n. 0 U) 0 Cl) C) kD (D 0 3 FORMERLY TALLWASSEE STREET 70' RIW NE 2ND AVENUE N0D'03'38'E --- --- - ------ ( 175 00' I EDGE � PAWWWT )P 1 140.00. NOCY'03'WE 1 40,04' L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .95,06 C� 5.79' 3.76' 2-91, 00 F- 0- CY) 895' SEPTIC TMK 2-� z > m < 2 - m 4000, p soo'03'1 3w 40 0 EAST 1/2 LOT 5 0 -u m --i m 0 co 0 U: C) X CO m r- 0 0 m 0 0 w A 0 n mm mx 6 m cn 0 >n mco 0 -0 m (D F- 0 �Dl �- :.I- I (D 0 0 0 C: C) (D 0 cn -0 0— Q_c 0 0- (D 0 z 16.47' N00,00*121 35.00 cn m m C > m zm A-2 - .jAp NOR g- F, z lz ADDITIONAL ITEM EXHIBIT 3 AUGusT 5 AGENDA LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 239-334-3366 -, Fax 239-334-6384 if E-mail: larue-planning@att.net June 6, 2003 Mr. William Veach, City Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Reference: Planning and Zoning Services Dear Mr. Veach: LaRue Planning & Management Services, Inc. has been providing planning and zoning services to the City of Okeechobee since February 1996 and your satisfaction is very important to us. In order to continue to provide the high -quality level of service the City has come to expect, we find it necessary to raise our planning charges due to increased overhead and monthly work load levels. We are estimating that we are currently providing close to forty hours of service to the City each month. Our monthly not - to -exceed rate would be approximately Three thousand five hundred dollars ($3,500.00), effective at the start of the next fiscal year, October 1, 2003. In addition to attendance at one City Council meeting and the monthly Planning Board/Board of Adjustment meeting, we will continue to provide services on an as needed basis. These services include responding to inquiries from citizens and review of applications for special exceptions, variances, rezonings, Comprehensive Plan amendments, site plan review, and preparation of corresponding staff reports and Ordinances, when required. Additionally, the Technical Review Committee has now set meetings twice per month that we could be required to attend. However, we do understand that if there are no Site Plan Review cases to be presented, we will not be required to attend the meeting. �1_ 11 lhanlk you your, urildcrstandling ir. this rnaacr. We Lfiecl t ttlis hat +1.1, increasein cur ch—g— will still allow us to continue to provide the professional services the City has come to expect. Please let us know immediately if there is any way we can serve you better. Please indicate the City's acceptance of our increase in fees effective October 1, 2003, by signature below. Sincerely, pz'ow� 6'4_�R� James G. LaRue, AICP City of Okeechobee LO-M JGL:bc Date: EXHIBIT 3 — AUGUST 5 AGENDA LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 239-334-3366 - Fax 239-334-6384 V E-mail: larue-planning@att.net Memo To: City Manager, Mayor and City Council Members From: Jar�l G LaRue, AICP Date: July 22, 2003 Subject: Planning and Zoning Services The following memo is an attempt on our part to illustrate that Planning and Zoning Services have reflected a positive increase in volume over the last few years. Secondly, although our services are not meant to be entirely self-supporting there are revenues that the City receives when Planning and Zoning Services are performed. The Planning and Zoning services provided to the City of Okeechobee over the past three years also indicate an increase in the number of petitions reviewed. In some instances, Site Plan Reviews performed during 2003 were a carry- over from 2002, and oftentimes required attendance at more than one Technical Review Committee meeting. The table below reflects the approximate number of new applications without singling out Site Plans which were often reviewed more than one time. Table I Number and Type of Applications Year Type Approximate Number of New Applications 2001 Comp Plan Amend 5 2001 Rezoning 5 2001 Site Plan Review* 2 2001 Special Exception 6 2001 Variance 4 2002 Comp Plan Amend 6 2002 Rezoning 5 2002 Site Plan Review* 11 2002 Special Exception 5 2002 Variance 4 2003 Comp Plan Amend 7 2003 Rezoning 5 2003 Site Plan Review* 3 City Manager, Mayor and City Council July 22, 2003 Page 2 Table 1 Number and Type of Applications Approximate Number Year T�pe of New Applications 2003 Special Exception 1 2003 Variance 4 *Site Plan Reviews oftentimes require more than one review, i.e., Preliminary and Final. Some of the reviews started in one year and were carried over to another year. The following table indicates potential revenues the City may have collected based upon the type of Petition/Application submitted. Table 2 Estimated Fees and Number of New pplications Year Type Approximate Number of New Applications Estimated Fees Received Per Application Total 2001 Comp Plan Amend 5 500.00 2,500.00 2001 Rezoning 5 500.00 2,500.00 2001 Site Plan Review* 2 400.00 800.00 2001 Special Exception 6 250.00 1,500.00 2001 Variance 4 250.00 1,000.00 Total Fees 8,300.00 2002 Comp Plan Amend 6 500.00 3,000.00 2002 Rezoning 5 500.00 2,500.00 2002 Site Plan Review* 11 400.00 4,400.00 2002 Special Exception 5 250.00 1,250.00 2002 7Variance 4 -250.00 1,000.00 Total Fees 12,150.00 2003 Comp Plan Amend 7 500.00 3,500.00 2003 -Rezoning 5 500.00 2,500.00 2003 Site Plan Review* 3** 400.00 1,200.00 2003 Special Exception 1 250.00 250.00 2003 Variance 4 250.00 1,000.00 Total Fees , 8,450.00 *Site Plan Reviews have different price points depending upon the size of the project, and whether it is a Preliminary or Final. All fees have been figured at the lowest cost of $400.00. "Carry-over of at least 3 other applications from 2003, do not know if additional fees were charged. City Manager, Mayor and City Council July 22, 2003 Page 3 The City has seen an increase in the overall fees collected between 2001 and 2002. The amount of revenues collected during 2003 is based on only a 6 month period, and the trend appears to continue toward more development and an increase in total fees collected. If necessary, the fees can be addressed if the Council wishes. One important Planning and Zoning service performed that may not be directly off -set by an application fee is contact with the residents of the City when they have questions prior to the purchase of properties to determine if Comprehensive Plan Amendments, rezonings, special exceptions, or variances may be required depending on the anticipated use of the property. This is a valuable service the City provides to its citizens and the public contact has increased substantially over the last few years. Of the actual petitions filed for Small Scale Comprehensive Amendments over the past 3 years, the majority of these have been to either Multi -Family or Commercial land uses. These two designations help either provide housing within the City, or initiate potential jobs. None of the Small Scale Plan Amendments have been overturned by the Department of Community Affairs. There is also a need for the City to do some long range planning work in the upcoming fiscal period (2003-2004), and hopefully there will be time to prioritize these planning tasks. LaRue Planning & Management Services, Inc. is looking forward to meeting these new challenges. JGL:bc cc: John Cook, City Attorney Lane Gamiotea, City Clerk EXHIBIT 4 - AUGusT 5 AGENDA RESOLUTION NO. 03-8 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA TO ESTABLISH GUIDELINES FOR USE OF PUBLIC PARKS OR OTHER LANDS OWNED BY THE CITY OF OKEECHOBEE FOR CERTAIN CHARITABLE OR BENEVOLENT ORGANIZATIONS; PROVIDING FOR AUTHORITY TO REVIEW SUCH APPLICATIONS; PROVIDING FOR STANDARDS FOR REVIEW; PROVIDING FOR GUIDELINES FOR SUCH ORGANIZATIONS TO FOLLOW; PROVIDING FOR INSURANCE REQUIREMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS they are located within the City of Okeechobee certain public parks and other areas owned by the City of Okeechobee that are intended for, and open for use by, the general public, with certain restrictions; and WHEREAS these functions range from large gatherings which attract many participants, to very small groups, which may or may not cause traffic control problems, and vary in intensity; and WHEREAS current regulations require the same liability insurance coverage for any such group authorized to gather in the parks or on city lands, which creates a hardship on the smaller gatherings; THEREFORE, be it resolved and adopted by the City Council for the City of Okeechobee, Florida the following resolution: THAT permission for charitable or benevolent organizations, or non profit groups, to engage in certain activities in City parks or on City lands, is governed by Article IV, Sections 14-141 to 14-149 of the City Code of Ordinances, which regulations and restrictions shall be considered by general services whenever an application or request for use of public areas is made, and followed accordingly. 2. THAT for any permit or permission granted by the Department of General Services for such activities on public lands, such permit shall be also executed by the City Administrator, prior to such event taking place. 3. THAT most applicants for use of parks and public lands are charitable or civic groups, who stage large events and attract many people. However, smaller groups for prayer meetings; weddings; boy and girl scouting; and similar type events are also authorized in parks and in public places, but are also subject to the requirements of Article IV of the City Code. 4. THAT current regulations require the applicant for an event to procure liability insurance in the sum of one million dollars; the cost of which is or may be prohibitive for smaller and more informal groups. Page 1 of 2 5. THEREFORE, for any application wherein it appears to the Department of General Services that the participants thereof may be 25 or fewer persons, the liability insurance requirement shall be reduced to the sum of $100,000.00 coverage per event This requirement for insurance excludes those using the picnic tables in the parks as a place to rest or eat meals. INTRODUCED AND ADOPTED this 5' day of August, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John Cook, City Attorney Page 2 of 2 James. E. Kirk, Mayor .:�vised Exhibit No. 4 RESOLUTION NO. 03-8 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA TO ESTABLISH GUIDELINES FOR USE OF PUBLIC PARKS OR OTHER LANDS OWNED BY THE CITY OF OKEECHOBEE FOR CERTAIN CHARITABLE OR BENEVOLENT ORGANIZATIONS; PROVIDING FOR AUTHORITY TO REVIEW SUCH APPLICATIONS; PROVIDING FOR STANDARDS FOR REVIEW; PROVIDING FOR GUIDELINES FOR SUCH ORGANIZATIONS TO FOLLOW; PROVIDING FOR INSURANCE REQUIREMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS they are located within the City of Okeechobee certain public parks and other areas owned by the City of Okeechobee that are intended for, and open for use by, the general public, with certain restrictions; and WHEREAS these functions range from large gatherings which attract many participants, to very small groups, which may or may not cause traffic control problems, and vary in intensity; and WHEREAS current regulations require the same liability insurance coverage for any such group authorized to gather in the parks or on city lands, which creates a hardship on the smaller gatherings; THEREFORE, be it resolved and adopted by the City Council for the City of Okeechobee, Florida the following resolution: THAT permission for charitable or benevolent organizations, or non profit groups, to engage in certain activities in City parks or on City lands, is governed by Article IV, Sections 14-141 to 14-149 of the City Code of Ordinances, which regulations and restrictions shall be considered by general services whenever an application or request for use of public areas is made, and followed accordingly. 2. THAT for any permit or permission granted by the Department of General Services for such activities on public lands, such permit shall be also executed by the City Administrator, prior to such event taking place. 3. THAT most applicants for use of parks and public lands are charitable or civic groups, who stage large events and attract many people. However, smaller groups for prayer meetings; weddings; boy and girl scouting; and similar type events are also authorized in parks and in public places, but are also subject to the requirements of Article IV of the City Code. 4. THAT current regulations require the applicant for an event to procure liability insurance in the sum of one million dollars; the cost of which is or may be prohibitive for smaller and more informal groups. 5. THEREFORE, for any application wherein it appears to the Department of General Services that the participants thereof may be 100 or fewer persons, the liability insurance requirement shall be waived. The City reserves the right to require the participants to execute a hold harmless agreement, depending upon the nature and impact of the event. Page 1 of 2 INTRODUCED AND ADOPTED this 5" day of August, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John Cook, City Attorney Page 2 of 2 James. E. Kirk, Mayor ExHIBIT 5 — AUGUsT 5 AGENDA all A FIRE DEPARTMENT HHH(0)ZANZ9 TO: Mr. Veach and City Councilmen FROM: Lt. Bill Douglas, Secretary FF Pension Board THRU: Battalion Chief Smith DATE: July 24,2003 The Firefighters Pension Board is requesting approval of John Koepke to serve a two year ter-m as a trustee from August 5, 2003 to August 5, 2005. EXHIBIT 6 — AUGUsT 5 AGENDA FAmmy EmPLOYMENT RESTRICTIONS It is the policy of the City to follow State Statues regarding the employment of relatives as City emplqyees, as set out in Section 112.3135 Florida Statutes, and as amended. that no two members of the same fafffily are to be employed within the S=ne 1)eF=trnent, either on a regular or temporary basis. 7.1% LP IAWN= 1. A "Dublic official" is defined as an officer. or an e1nDlovee in the Citv. in whom is vested the authority by these policies and procedures, or by ordinance, resolution or other directive of the City Council, to appgint, employ, promote or advance employees, or recommend such promotion or advancement of employees, in connection with their work for the Cily. 2. A relative for DurDoses of this DOliCV with reSDect to such Dublic official. means an individual who is related to the public official as: Father Mother Son Step -Sister Daughter Brother Sister Half-brother Uncle Aunt First Cousin Half-sister Nephew Niece Husband 6randfaffie Wife Father-in-law Mother-in-law Grandmother Son-in-law Daughter-in-law Brother-in-law Grandehildi Sister-in-law Step -father Step -mother Step -brother Step -son Step -daughter 3. A public official may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion or advancement, a relative in or to a position in the City in which the public official is also serving. or over which they exercise jurisdiction or control. This restriction shall not apply however, to appointments to citizen boards in the Cily, other than those with Land Planning or Zoning responsibilities. 4. These restrictions do not aDDIV to Dersons servins! in a voluntary caDacitv who provide emergency medical, firefighting, or police services. These persons, if otherwise authorized by City ordinance or resolution, may also, without losing their volunteer status, receive reimbursements for costs of any training they get relating to the provision of volunteer emergency medical, firefighting, or police services, as well as payment for incidental expenses relating to those services that they provide. 5. As these employment restrictions do not prohibit the hiring of a relative, o using a volunteer who is a relative, in a department in the Cily in which a relative of that person is also an employee of the City, so Iong as the relative is not a public official assigned responsibiRly over that department, it is the policy of the Gly have relatives assigned to the same department to work different shifts from their relative whenever possible to avoid any personnel conflicts within the department. EVALUATION PERIOD Employment or promotions are always on a six (6) month (or more) evaluation basis, Department Heads are always on a three (3) month (or more) evaluation basis. This allows a time period for an evaluation of ability, work habits and conduct before offering career employment protection and fringe benefits. During this time, a new employee will be made aware of satisfactory, marginal or unsatisfactory areas of job performance and behavior and cautioned to improve. The Department Head has authority to dismiss the new employee without notice and without cause being given. REGULAR STATUS A new or promoted employee must receive a satisfactory evaluation, using uniform guidelines, before the Department Head grants regular status. Unless a satisfactory evaluation is received, the employee will be separated or returned to the position previously held. Procedure by step: a) Evaluation period complete b) Evaluation Procedure (1) Forms may be obtained by Department Heads ftom the City Clerk's Office. (2) Department Head/Supervisor evaluates employee; (3) Employee/Supervisor/Department Head sign evaluation; (4) Signed form becomes a part of employee's master file in City Clerk's Office. c) Approval by Department Head for regular status. TYPEs OF AppowTmEws COVERED PosmONS New appointments are made whether the position being filled is of a temporary, regular, paid, unpaid or volunteer nature. Regular positions are those so classified and budgeted by the City Council. A regular position is usually first filled by a new appointment, transfer or promotion. ExCLUDED PosrrIONS Emergency hiring may be done by a Department Head to respond to an immediate need involving the safety or welfare of the residents or property of Okeechobee. An emergency appointment is for less than one (1) month and includes no fringe benefits. I EXHIBIT 7— AUGUST 5 AGENDA OF 0 1915 City of Okeechobee Taxi Cab Permit 2003-2004 A-1 Taxi and All Co= Taxi Cgrp.- Hena and Ruth Krieg 863-763-8316 Business Name Business Owners Business Phone is hereby granted a permit to operate a taxi cab business, located at 604 S.W. Park Street, Suite 20' ) within the City of Okeechobee. The vehicle that was approved is: Ford Aerostar Van 1995 IFMCAIIUXSA14452 The rate that was approved are: Milage $3.00 minute and $1.25 per mile. Rates were approved at the August 20, 2002 Cily Council regular meeting. Terms, conditions, provisions and limitations. -Hours of operation are 7:00 am to 8:00 p.m. Mondqys, Tuesdqys, Wednesdqys and Thursdqys. 7:00 a.m. to 9:00 p.m. Fridqys, Saturdgys and Sundqys. The hours of operation were gpproved at the August 5, 2003 Cijy Council regular meeting. The approved drivers are: Michael N. Chqpman and Donald K. Harsh. ***THIS DOCUMENT MUST REMAIN IN ALL VEHICLES AT ALL TIMES *** James E. Kirk, Mayor Attest: Lane Gamiotea, City Clerk 55 S.E. Third Avenue - Okeechobee, Florida 34974-2903 - (863) 763-3372 - Fax: (863) 763-1686 APPLICATION FOR TAXI CAB BUSINESS PERMIT 1. Applicant's Name: A-1 TAXI & ALL COUNTY TAXI CORPORATION 2. Applicant's Address: 604 S. W. Park St. - Suite 203 - Okeechobee, Fl. How Long: 6 1/2 years ......... previously at 403 N. W. 3 St. for 11 years. 3. Telephone No.: Dispatch - 763-8393 Business Office - 763-8316 Fax - 357-1402 4. If a corporation or partnership, list names and addresses of all officers or partners: Ruth G. Krieg, 964 County Road 721 - Lot 21 - Lorida, Florida, 33857 5. Length of time applicant has resided in the City or County of Okeechobee: Corporation has had permit and operated in the City of Okeechobee for the past 18 years 6. Give description of all experience applicant has in the transportation of passengers: Corporation has operated said business since 1984 i)rovidm'g local and lonE distance transportation. Ruth Krieg has managed and owned said business for the past 9 years. 7. List any facts which prove that public convenience and necessity require granting a permit: Continue to provide a safe means of transportation for residents of area by approved vehicles, properly insured with experienced, gualified, courteous drivers. 8. Number of vehicles to be operated by the applicant under this permit: 1 vehicle properly painted (white with red lettering) with proper sianage. 9. List the year, make and model and motor number of each vehicle to be used as a taxi cab: 1995 FORD AEROSTAR VAN VIN#1FMCA11UXSA14452 10. Address of proposed depots and terminals: (Please indicate the zoning of each address listed): 604 S. W. Park St., Okeechobee, Florida - Business zoning 11. Color scheme or insignia to be used to designate vehicles of applicant (Include picture or drawings): White vehicle with red lettering A-1 Taxi - 763-8393 12. List all persons who have an interest in this business: Ruth G. Krieg and Henry F. Kriea. III -2- Okeechobee as references. Give length of acquaintance with each individual. Nettie & Roberts Williams - 1954 S. W. 40 Dr. - Okeechobee, Fl. - 15 years Ronnie Lawrence - 150 N. W. 102 St. - Okeechobee, Fl. - 10 years Willard Mays - Okeechobee, Fl. - 12 years 14. Give the name, address and phone number of all business connections or employers within the last 6 years: Have owned and operated this business for the past 9 years. Prior to that Ruth G. Krielz was a medical consultant and medical practice administrator in south Florida for over twenty years and Henry F. Krieg, III was retired from senior manazement of Barnett Bank for a period of over twenty years. 15. Give all previous addresses within the last 5 years: 964 County Road 721 Lot 21, Lorida. Florida 33857 16. Location of main office: 604 S. W. Park St. - Suite 203 - Okeechobee, Florida Business zonin 17. Explain all driving citations applicant has received within the last 5 years: None 18. Explain all accidents the applicant has been involved in within the last 5 years: 1994 - Taxi hit by another vehicle from the rear at intersection of N. W. 3 Ave. and 2 st. - Other driver sited for accident; 1999, taxi duriniz heavy rain, taxi applied brakes and slid into another vehicle, their were no iniuries, and no tickets were issued. 19. Indicate hours and days of proposed operation of each location: Taxi will be operation 7 days a week from 7:00 a.m. until 8:00 p.m., Mon., Tues., Wed., and Thurs, Fri., St., & Sun. from 7:00 a.m. until 9:00 p.m. 20. Does applicant have liability insurance meeting the following minimum requirements: X Yes No (must include proof). a) For bodily injury to one person, $ 100,000.00 b) For bodily injuries to more than one person arising out of the same accident or event, $ 300,000.00 c) Property damage, $ 50,000.00 City Attorney's Signature -3- APPLICANT'S STATEMENT I certify that answers given herein are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application for a taxi cab business permit. ell�vNos'. Applicant's Signatuik Date FOR POLICE DEPARTMENT'S USE This application for a taxi cab permit was reviewed and approved or disapproved on 2003. 7 -,14 - 0-s Police epa �ent Date (Attach written "Inspection of Vehicle report") FOR GENERAL SERVICES USE This application for a taxi cab permit was approved disapproved by the City Council on 12003. This application expires on 2004. General Services Date FOR FINANCE DEPARTMENT'S USE An application fee of dollars and an occupation fee of dollars has been paid to the Department of Finance on this day of .2003. Finance Department Date CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: July 30, 2003 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. DEPARTMENT SYNOPSIS ADMINISTRATION I GRIT — There are no new developments since your update at our last meeting. Fire Station Project — The City Engineer reports that he still anticipates completion ofthe project this surnmer. The firefighters are occupying the upper (residence) level of the facility. Downstairs demolition is complete. As soon as electrical and plumbing contractors complete their work, drywall will be installed and the project can be completed. The project continues to be on budget at this time. Weekly "construction rneetings�', in which the Administrator, Engineer, Public Works Director, Fire Chiet Building Official and Councilman Chandler discuss the project and its progress, are continuing. Industrial Park — Mayor Kirk, Dale Milita, Gene Schriner, David Hazellief, and I met with representatives of the Haskell Company (out of Jacksonville) to discuss possible projects related to our Commerce Center. Haskell Company is a very large designibuild firm. This was a preliminary meeting simply to share information. No specific commitments were made or implied by either party. We have also provided marketing related materials, brochures, briefprospectus, etc. to the Florida Redevelopment Association. They will be conducting a roundtable for potential developers in St. Petersburg on August 12 and will distribute these materials at that time. I continue to work with our consultants to present a scaled down project to the City Council which would still construct the bridge, a street through the industrial park and partial water and sewer, should EDTF (Transportation Grant) funding be lost as a result of Sheffield's f0ure to build. If this funding were lost, the remaining funding would be EDA - $1.2 million; County - $300,000; Rural Infrastructure - $300,000. SYNOPSIS DEPARTMENT I AMINISTRATION Progress on the NE 91h Street portion of the project continues. Limited work also CONTINUED continues within the confines of the Industrial Park itself. This is being done in conjunction with the Harrison O'Connor contract, approved by the City Council several weeks ago. SR 70 Meeting — A SR 70 corridor advisory committee has been formed by DOT and will be meeting monthly. The committee will address issues related to the eventual widening of SR 70, across the State. I attended the first meeting of the group on Monday, July 2 1, in Arcadia. It is currently planned the group will meet monthly. They have requested that we send our engineer to the second meeting, as they will be dealing with engineering related issues. We will participate in any manner requested on this important issue. Widening of NE 6'h Street — Staff continues to gather information on costs associated with the discussed widening of NE 6"' Street. Additionally, following conversations with DOT, our engineer has requested a limited traffic study related to the project, from the developer's engineering representative. We win be sharing with the City Council members, analytical and cost information on this issue, as soon as it is compiled. Step Pay Plan — The Administrator is currently refining the proposed step pay plan and visiting each department to explain it to the employees. Thus far, the feedback seems to be positive from the departments I have visited. Flagler Parks — We have received finalized contracts for the $415,859.00 CDBG grant for parks 3-6. We have also advertised for a grant administrator (using procedures required by the state). Final plans for the project, to be developed primarily by Oscar Bermudez, will be submitted later in the process. FINANCE Staff has engaged a consultant to assist in bringing the City into GASB 34 compliance. I This work should commence in August. Staff continues budget preparations for FY03/04. 2