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2004-07-06 Regular MeetingCITY OF OKEECHOBEE 29 DULY 612004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION - - -�AGENDi4 I. CALL TO ORDER - Mayor: ... July 6, 2004, Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Leroy Smith, First Missionary Baptist Church; Pledge of Allegiance led by Mayor. III. 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 Attomey John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Secretary Kim Bames IV. MINUTES - City Clerk. PAGE 1 OF 5 ..... .. _k Mayor Pro-Tempore Watford called the July 6, 2004 Regular City Council Meeting to order at 6:00 p.m. In the absence of Pastor Smith, the invocation was offered by Council Member Williams; Pledge of Allegiance led by Mayor Pro-Tem Watford. City Clerk Gamiotea called the roll: Absent (with consent) Absent (with consent) Present Present (service as Mayor Pro-Tem) Present Present Present Present Present A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Action for the June 15, Action for the June 15, 2004 Regular Meeting, 11 2004 Regular Meeting: seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - ABSENT CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 30 JULY 6, 2004 - REGULAR MEETING - PAGE 2 OF 5 L - -AGENDA: =-:.;. V. AGENDA - Mayor. COON =: CIL ACTION'- DISCUSSION - VOTE A. Requests for the addition, deferral or withdrawal of items on today's Mayor Pro-Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of items on agenda. I today's agenda. There were none. VI. NEW BUSINESS. A.1. a) Motion to read by title only and set July 20, 2004 as a public hearing Council Member Markham moved to read by title only and set July 20, 2004 as a final public hearing date for proposed date for proposed Ordinance No. 863 pertaining to early voting. Ordinance No. 863 pertaining to early voting; seconded by Council Member Williams. (Exhibit 1). b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - ABSENT CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 863 by title only. Attorney Cook read proposed Ordinance No. 863 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA EXEMPTING ITSELF FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES, SPECIFICALLY RELATED TO EARLY VOTING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve first reading of proposed Ordinance No. 863. Council Member Markham moved to approve first reading of proposed Ordinance No. 863; seconded by Council Member Williams. b) Public comments and discussion. This ordinance pertains to the new early voting election law. The new law requires a municipality to offer early voting for fifteen days prior to the election to its registered voters. Clerk Gamiotea requested the City exercise it's right to "opt out' of the requirement, but assign it to the County Supervisor of Elections Office since the City already coordinates its voting efforts with them. • VI. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. VOTE KIRK - ABSENT CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JULY 6, 2004 - REGULAR MEETING - PAGE 3 OF 5 31 B.1. a) Motion to read by title only and set July 20, 2004 as a public hearing Council Member Markham moved to read by title only and set July 20, 2004 as a final public hearing date for proposed date for proposed Ordinance No. 864 regarding Zoning Application Ordinance No. 864 regarding Zoning Application No. 04-005-R submitted by Carol Johns, Lots 11 and 12 of Block 34, No. 04-005-R submitted by Carol Johns, Lots 11 and 12 of Block 34, First Addition to Okeechobee; seconded by Council Member Williams. First Addition to Okeechobee - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - ABSENT CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. i c) City Attorney to read proposed Ordinance No. 864 by title only. Attorney Cook read proposed Ordinance No. 864 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN DISTRICT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1)ZONING DISTRICT TO HEAVY COMMERCIAL(CHV)ZONING DISTRICT, AMENDING THEZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2, a) Motion to approve first reading of proposed Ordinance No. 864. Council Member Markham moved to approve first reading of proposed Ordinance No. 864; seconded by Council Member Williams. b) Public comments and discussion. Mr. Kelly Hill of LaRue Planning and Management, City Planning Consultant reviewed the Planning Staff Report attached with Exhibit One. Summary of Application: Victor and Carol Johns, owners of ProMed Walk -In Clinic, are requesting to rezone the property located at 1703 Southwest 2nd Avenue from Residential Single Family One (RSF1) to Heavy Commercial (CHV). 32 JULY 6, 2004 - REGULAR MEETING - PAGE 4 OF 5 VI. NEW BUSINESS CONTINUED. B. 2. b) Public comments and discussion continued. Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. This property is designated Commercial on the Future Land Use Map and this rezoning will bring the zoning into consistency with the Future Land Use Map. The report specifically noted Objective 1, Policy 1.4, Policy 2.1 ©), Objective 10, and Policy 10.1 of the Future Land Use Element. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The applicant wishes to develop this property as a medical clinic which is specifically authorized in the Heavy Commercial zoning district under Section 90- 282 (1). (3) The proposed use will not have an adverse effect on the public interest. Currently, the property has a single family residence upon it and the proposed use is what the City has projected for this parcel. (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. Commercial zoning is appropriate and the subject property is located at the corner of Southwest 2°d Avenue and 181' Street. (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. (6) The proposed use can be suitably buffered and will have to meet City Code requirements for site design, landscape, buffering and parking at the site plan review process. (7) The proposed use should not impact density patterns nor public facilities and services. The proposed use will be located in a district designed to accommodate such uses. This close proximity Southwest 2"d Avenue should eliminate any traffic congestion. (8) The proposed use will not create any inordinate flooding; would not impact public safety and the moderately low intensity of the proposed use should not create any traffic congestion. (9) The proposed use has not been inordinately burdened by unnecessary restrictions and should be able to develop within the existing City Code requirements. (10) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; it simply allows zoning to be consistent with the Future Land Use Map designation. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Residential Single Family to Heavy Commercial. Development standards for a specific use will be imposed at the time a site plan is received. The Planning Board discussed the application at their June 22, 2004 meeting and voted unanimously to recommend approval. There was no public comment. There was a brief discussion between Council and Staff. Council Member Markham discussed the matter of Southwest 1811 Street being a platted, but non -paved street. That the property to the South was also preparing to be developed. Council Member Williams questioned whether the North -to -South alleyway was opened? Clerk Gamiotea advised that only the area between Porter's Plaza (Lots 1, 2, 7 and 8) was closed. She also advised that Ms. Johns called recently with concerns that people were driving through her property instead of the alley to get to their property and she wanted to know what could be done to close that area. • is VI. NEW BUSINESS CONTINUED. 0 B. 2. b) Public comments and discussion continued 0 Vote on motion. C. Discussion related to noise ordinance - City Attorney (Exhibit 3) D. Presentation of the FY03 Annual Audit Report - Debbie Bradley. 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, hershe may need to insure that a verbatim record of the proceeding is made, which record includes the fesfimpny and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of baekup forjoffi6dkrecords of the Clerk. ATTEST Dowling R. Watford, IJ ayor Pro-Tempore _ Lane aroiotes; ity Clerk JULY 6, 2004 - REGULAR MEETING - PAGE 5 OF 5 33 COUN6&ACTtONA Public Works Director Robertson confirmed that people using alleyways as a main ingress and egress to their property was becoming more of an issue. Council also briefly discussed whether the owner was going to use the existing building. Mr. Hill advised that if they did it would all have to be brought up to code, as addressed in the Planning Staff Report, VOTE KIRK - ABSENT CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook advised that he would have an ordinance available at the next meeting. He and Police Chief Davis were working on this issue. Bradley was not present, therefore Administrator Veach will reschedule their presentation. In an effort to give additional time for Ms. Bradley to arrive, Administrator Veach updated the Council on the progress of the Parks Renovation and the Industrial Park development. There being no further items on the agenda, Mayor Pro Tern Watford adjourned the July 6, 2004 regular meeting at 6:24 p.m. The next regularly scheduled meeting is July 20, 2004. _�z*-^R';m�':�.,c^P'---^�; �e� - -s..,; ,g•.�; �r�;va a �r—.�^^,y-acq--�- - v� r•.-,.a�g . _ - -��'m-�r----..w�-•--z -�- F :..� -- -�-- ---- - - - - • PAGE 4- CITIi OF OKEECHOBEE.-.JULY11, 2004 - REduLAR CITY COUNCIL MEET= - HANDWRRTEN MUTES I. CALL TO ORDER - Mayor: 7c«ic te�rc , ,►,et d. /,�OG� 6, 20". &VAv, &W9a ;ee" 't 11. OPENING CEREMONIES: I..e &. Qlac�c �awrell Sic a(I�i o , ?�idsfs�e .�e�es�►.Smia'.- 7jue 2sied~w art &vw&--mac a ' r�Uc�ta�cec lcd �'911�c� ors %w ilflat�lst�, IN. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. I Present. _ Abseot IV. A. 20. V4e4&** xaaaae44ve x x x x x x f Secretary l®m Barnes x MINUTES - City Clerk. Council Member Williams moved to J;oN�, „u with the reading and approve the Summary of Action for the June 15, 2004 Regular Meeting: seconded by Council Member Markham. VOTE YEA NAY ABSTAIN ABSENT KIR X C LER X X WA; X WUIAMS X M01hOW CARRIED. V. / GENDA - Mayor. A. ; Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams '1 City Attorney John R. Cook City Administrator Bill L. Veach Clerk Lane Gamiotea VI. NEW BUSINESS A.1. ) Council' Member Markham moved to read by title only and set July 20, 2004 as a final public hearing date for proposed. Ordinance No. 863 pertaining to early voting. (Exhibit 1); seconded by Council Member Williams. b) ! Vote on motion to read by title only and set public hearing date. V17�T YEA NAY ABSTAIN ABSENT KIRRK X CHANDLER X X WATFORD X X MOTION: CARRIED. a i 0 • PAGE -2- c) - - - CITYOFOff CHOiBF.E;ROMAEXE VTMl1GITSFLFRWUTMEpiO OFSECMft 101.657, FLORV"'YA'Wir'Sy *tG*AAUYjMk1W TOEAK U NG; RI FEALWAU ORD1 641110ES OR -PARTS -OF 0FjW4WCES INVO TIN.- EW ;-,AND MWOM FOE AN EFFECTIVE DATE" 2. a): Council Member Markham moved Io approve fast reading of proposed Ordinarx:e No. 863; seconded b) Public comments and discussion. c) Vote on motion. VOE YEA MAY KIRK CHANDLER - MARKHAM X WATFORD X WIUJAMS X MOtIOI: CARRIED. ABSTAK- Ate' _ X -X B.1, a) Council Member Markham moved to read by title only and set July 20, 2004 as a firms public hearing date for proposed Order No. 864 riding Zoning Application No. 04-005-R subxrMed by Card Johns, Lots 11 and U of Sock 34T-FarstAddilimb Okeechobee--- City Planning Consultant -(Exhibit 2); seconded by Council Member Williams. b) Vote on motion to read by title only and set public hearing dale. VOTE YEA NAY AITAIFI-AB3M - - - - - KIRK _ _ X C-kNDLER X x WAIFORD X -WILLI Ms x MObON: CARRIED. c) Attomey Cook .Ordinance No. SUby title o*asi _"AeCO NCE OF THE _ CITY OF AIEIYD111IG THE OFFIM 201111110 MAP QF BY 4V7BNINNG A- CERTAIN 6rST -OF-LANE Y BFRUMB.3 HE�IN, -- FWW RESIDENTIAL =GLE FAMILY -ONE (RSF-1) ZOVW'G IXSTMCT TO HEAVY CO>IMERCIAL (CHW Z0Mkts- arh4 r ruw f-ice 771E ZM N G M A�,"i ijwLY, PROVl1l)MG FOR G01&'1WM SEl43t4BWYANDANcrrctlittlEDAIEs 2.* Council Member team-moved-bapprove fsstreaiding-otproposed Ordinance No. 864; seconded by Council Member Wms. b) Public Mpments and discussion. %IGw} �:cll.�ce�.�ar�C' ir�j.±t,�c�i�urrsr�_So�ateea. Pla�wshc�.�s�w�lt.�c��caic�acaG _ eke Plaww4w* Se4W Reo"e aa"4a aqW &M& 0". S"vws w y ?/legs &4*e MM 004-dif% ~-'sue e:-'se- oe &Cdk d 40 *7-08 Sar{�irat 26d A"" jAmm R"6&melal Sls9lc 7aar4 Aire C,l ° W) is s wr* ea�.a ewratlmorl). 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A"Aemd awe 04W le &"&.d tw a '74c A`06" Aw &I& ma 6wa& eowoeAam as J&*dArf age AwAaa (40) a demedo &&Art z& eza"q (10) 7& AssAsdaesxotftactcosdae ' - 4"4a At&WAW to a* iwW&&&a *&am ao mwot"ra Am&& meepw, It amA4 is k eawaaememae4e*Pa&weaodflat *.g*de44,",,. 7& "i*a to *T*Ao*a 4awwwad&* aa" "d ~ eoms&eeae eat e& f"& 2,L..wv SAW Oe4&mle ewill le &&A"ed at tic rzme a a,& A&* 7& Pea"6rf &,wd d&ea"a r& 7" a& AwAfa cowwwome. PAGE -4- tome. ;P&"6rp7 to aw"m I" SACNe'dlj elmIng. & W�a4 a ii *,kaa. sqm�.v fe is a. &e, & A&Ya, A!& 60 04". 70401d, C&d ad MCA dad djw~4 Aw.'a, 9vAff4wO# to 6&16- &- 44fe* 444ev 0-4 .&taw,- r& eft4liqZ& 0i rk e4wew ewAO&f Am AwAeqt* is drilA. MWO& to r4& a *wmem &at ACO& "&* d&w a #a & AV*OW tul C) Vole on motion to -HE YEA MAY ABSTAIN .-ABSENT KIRK x CHANDLER x MARKHAM X WATFORD_ X Wumm x MOTION: CARRIED. C. Discussion related to noise ordinance - City Attorney jB(hM 3). &4a, me e4* am e*4 Am. Aw to mw44aw, SOW 4d'*& didA&4, aw4 eA" fA(A aw4a amw emjoweal& *t4wasm eAw w erssMcall.pc eds. warowd - Am o& Ate* marrow? &4 W"&Cd C4& 44ge tV49140 404e, - aad aqa& f/~ a," eAr. *w4 ~ that ad4wwa tAte i~e. eerctet & r"e -*Oc ea dameewd a,&Z We ears &av& Oteww A"*& Ime eAc OdAmed A" amw a eat e"r a D. Presentation of the FyO3 AjNXW Audit Report _ Debbie Bradley. f4" .7 *0" Owz' '56em dw 7d'&* plc. tart zeeeledrelc. M&W" arced aec de+ 4Aw a,& Wd&g~ ;DM4 we 4" "Od da"4W# awd ape mill le &"r* t&M "04W d" 4 arcd4" at A*0#4c same 4m 4A*mea*w e4ae w 4Pw w4g&wr�l/arg.9*AW*&ePM4 &IC4, Odl fAM.4i fAll., V11. Mayor Pro Tern Watford adjourned meeting at 6:24 pm. j PAGE 4- CITY, OF OKEECHOBEE - JULY 6, 2004 - REGULAR -CITY COUNCIL MEETWG- HANDWRITTEN NNUTES Q &Y- I. CALL TO ORDER - MNa*or: u r unc7 ReaularMeetina. to •m - W; RialvNZ IL OPENING CEREMONIES: Invocation given by - Medge Of Allegiance led bvAAw JQA .PrbAe4h CCAMOP U){-�;,ld Nit MAYOR, -COUNCIL AND STAFF ATTENDANCE - City Cleric. t 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 Arent K A ✓ , Clerk Lane Gamiotea ✓ Secretary IGm Barnes IV. IMNNUTES - City Clerk. A. Council Member moved to dispense with the reading and approvethe Summary of Action for the June 15, 2004 Regular Meeting: seconded by Council Member L J"r) i VO E YEA MAY ABSTAIN ABSENT Xf x CHANDLER � MARKHAM X WA FORD X VVILtim X MOTIONS: C� DENIED V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. —1J0 OE7 VI. NEW BUSINESS j A.1. a) Council Member 1 M moved. to -read by We only and set July 20, 20044 as a final. public hearing date for proposed Ordinance No. 863 pertaining to early voting. (Exhibit 1); seconded by Council Member C U-) b) Vote on motion to read by title only and set public nearing date. VOTE YEA MAY ABSTAIN ABSENT x X KHAN X W X WUMN x �C� DENIED PAGE -2- c) Attorney Cook read proposed Ordinance No. 863 by tie only asfolk rws:ANORDINANCE -- -OF THE CITY OF OKEEC+101BEE, FLORIDA EXEMPTING ITSELF -FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES, SPECIFICALLY RELATED -TO EARLY VOTING;- REPEALINGALL ORDINANCES OR-PARTS-CIFOMMMCES IN CONFLICT HEREWITH; AND PROVIDING FOE AN EFFECTIVE DATE. 2. a) Council Member LM moved to approve first reading of proposed Ordinance No.,863; seconded by -Council -Member —C,W --.- - b) Public comments and discussion. -31D-011 ArA - W'I Ik nC)+ be eCLCIY V C)t� n U .0 �j tie opt OU;t early vohn - '3 uji 11 3h11 be, d" bu-4 c - �, *upervi aDr of e)e-c4j�—,- c9 I g-ab en s 4h-zo LoLa bo- clulg_ 67F I. - c) , Vote on motion YM YEA MAY ABSTAX ABSENT KIRK x -CHANDLER. x WAtR)IRD V11111LIPANS MOTION: ARRIED DENIED. L • PAGE 4- B.ti) Councitr moved to read 'by -title -only and -set July' 20, 2004 as a final public hearing datefor proposed Ordinance No. 864 regarding ZoningApphcation Ho. 04-005-R aub milted by Carol Johns, Lots 11 and 12 of Block 34, First Addition to Okeechobee - City Planning Consultant (ExMMt 2); seconded by Council Member Cam__: b) Vote on motion to -read by title only and set public hearing -date. DtE YEA MAY ABSTAIN ABSENT - IRK X - CHANDLER X - MARKHAM X WAITORD X - wL.wrls X YD ~ YEMr-I_ r� c) 1 Attorney Cook read proposed Ordinance No. 864 by title only as toHmAN ORDINANCE OF THE CITY_ OF OKEECHOBEE A1MlENDING THE OFFICIAL ZONING INAP OF t OKEECHOBEE BY REZONING A CERTAIN DISTRICT OF LAND MORE PARTICAR ARYZESCRIBEfi HEREIN, r.:si 4LIE F^AWLY- ONE (RSF-1) ZONING DISTRICT TO HEAVY COMERCiAL_ (CHV) ZONING-. _ DISTRICT, AWNDMIG THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS,.-SEVERABILITY AND AN €lFf--€CTIVE DATE. B.2A) Council Member LM moved to approve first reading of proposed Ordinance No. 864; seconded -by Council Member b) Public comments and discussion. Summary of Application: Victor and Carol Johns, owners of ProMed Walk -In Clinic, are re� to rezone the- property located -at IM-SW -2nd-Avenue -from Ftesr intro dingle Family One (RSF1) to Heavy Com(nercial(CHV). Jim .L,aRue, City Planning. Consultant, brier explained -the Staff Report to the Board -Members. - Planning Staff Report -Summary: The -subject -property consists of two lob (i 1 and 12) as described in the attached survey. The lots have an existing single family home and have a Future Land UseMap classification - of Commercial. The Zoning District for these tots is Residential Single Family. The surrounding existing uses are -also mostly commercial except for the residencetobeWast. The requestfo-dwW thezoningwi7t make the zoning consistent with the Future Land Use classification and allow development that is compatible with thebOnn9-Pfoperties- - Ptanriing Staff Report Kna(ysis: (1 j The proposed use is not contrary to Comprehensive Plan requirements. This roperly is designated Commercial on the Future.land -Use Map and this rezoning will bring ths zoning into consistency with the Future Land Use Map. Noting Objective 1, Policy 1.4, Policy 2.1 (C), Objective 10, and Itoticy 10.1 of -the Future- land -Use Element. (2) The N1„ p-vaod use being- applied for is specifically authokized under the zoning district in the Land Development Regulations. Yes, the applicant wishes to a develop this property- a mckrk l-c6nic Wxh is specficalfji auttanzzed in the CHV zoning district under " Section 90-282 (1). (3) The proposed use will not have an adverse effect on.ft publicinterest. Currently, the -- property has a single family residence upon it and the proposed use is what the City has projected for this parcel. (4) The use is appropriate for the location proposed, is reasonably =npatible withadjacent land uses, and is, not contrary or detrimental to urbanizing land use patterns. Commercial zoning is appropriate and the - - subject -property islocate�tarihe comer of -SW grid Avenue and SW 18th Street. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacknt property. The proposed use is compatible with the neighborhood and will not adversely affect propeity_xakles or living conditions. The type of development proposed will be comparable, to swTunding properties and will create a positive addition to the neighborhood. (6) The proposed use can be suitably buffered from surrounding uses, so asfia reduce the impact of any nuisance or hazard to the'neighborhood. PAGE -4- rft-Vroposed use can be suitably, buffered and WH have to meet -City Code requitements for site design, landscape, buffering and parking at the site plan review process. (?)The proposed use should not create a dens'ity pattern that y�xM overburden public facAes, such as schools, streets, and utility services. The proposed use should notimpactdensky patterns nor public facilities and services. The -proposed use will -be located in a district designed to accommodate such uses. This close proximity SW 2nd Avenue should eliminate any traffic congestion. (8) The proposed use will not create any iradinale traffic congestion or flooding not impact public safety. The moderately low intensity of the proposed use should avoid trafficcongestion. (9) The proposed use has notbeen inordinately burdened 6junne-6-eissary restrictions and , should be able to develop within the existing City. Code requirements. (10) The proposed change will not constitute a g!"Ont of special privilege to an individual owner as contrasted with the public welfare. The proposed change 40 W constitute a grant of special privilege to an individuate owner as contrasted with the pubic welfare; it Simply allows zoning to be consistent with the Future Land Use Map designation. Planing Staff Re subject _ port Summary and Conclusions Prior to Certification: The subj_ c O --t property is. located in an are ., which was developedwith commercial uses. The zoning and the proposed use are compatible WtWsurTounding uses and are consistent with the -Goals -and Policies of the City's Comprehensive Plan.- T*efbre based on the findings of this analysis, staff recommends approval of the request to change the zoning of the -subject property from Residential Single Family to Heavy Commercial. Plarihing Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Residential Single Family to Heavy Commercial. Development standards for a speck use will be imposed at the time a site plan is received. Theib was no public comment. There was no discussion from the Board. BoaOd Member T. Keffer made a motion to recommend to Cfty Council. to approve Rezoning Petition W 04- 005-R, based on Planning Staffs recommendations; seconded by Board Member Jones. I. l� l l-Eil� - Lake Plan(),In3 - 5uY-rOUJ-)&o MOSOzmrn. I N will b6 LriTT-trAiL W-i4l� PLUM IA5e 15 - Gw&1D6ZAFJ, in "I f-I Med Cl*t a iC. lam- res. C�i 4M,'-s. Pro F4-Ili5 -�. LL5e m-- de4mmemb&I ­6 4z arm ;J LIP - nOL cOeRN 6 r-�.be_ demot Lgd Akk- to coia VZ b%.0&oa Loill haoe- rcPairZ� -1 - _ i-f un�a� LA Al- be de='cL, 02M d*1 5CAJLSS1i5Y\ C)�) OiDeoin 1`94--h Oq)pmw- 4CO.L6A Cc I 0 J vote on motion. K! YFA MAY AMAIN ABSENT Y C,,J nLi;:R X X MOTION: CAW::Ep�_ DENIED Sohns, 0Drt . d teen has a l ` .. L .6. pn l- - r `� bedt nd war CQAW L.f�. -row,, robl�e.m .. P f v- f 1 f PAGE -5- C. Discussion related to noise ordinance - City Attorney (Exhibit 3) b)- - Discussion- I�. env- - d AiL oxk o rd - tug ki- io use fyncap-� c�- Y)af)d �b a �►�.� mom:-- , now cam Cm-st_crlt, �UYI �W�'lai�'-U2f' C�is�rbs (LQ,I. tY�o I C��Qu/tt�. PAGE 41- D. Presentation of the FY03 Annual Audit Report - Debbie Bradley. pal& (\A4,cVJ-mtL" co ain VN. WW IQ* adjoumml mnft AFFIDA VIT OF PUBLISHER 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 —PI III IC NVnTIrG p2(1�-1?r.q5 in the matter of CITY COONCII MFFTINC NOTICF CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE FL 34974-2932 941-763-3372 In the Court, was published in said newspaper in the issues of -QZ41 /2o 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 he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. J. W. Owens, (Publisher) Sworn to and subscribed before me this ./ A day of A.D. 2004 v f (SEAL) Notary Public Rosealee A. Brenn 0an ?: `�' = Commission #DD318483 -4,s Expires: Jun 25, 2008 FLOC " Bonded Thnl Atlantic Bonding Co., Inc. cnYCOUNCIL MMCrnNcriorW ; Nonce is mmm cim WatWe Okeechobee City = s Cmwa meat n 6100pn City �. 35 SE 33rrd JAm. Rea MO OkexLobse, Florid.. the public is invited and eaooaasadtoattend FaacopyofWe.Serds oox3�l slat ltiQr Ad®ried.tion at (1f63) ySi 337! PLEASE TAKE NOTICE AND BE ADVISED #tat if any Felon desires to ap- =P� say deddan made by the City Coated reaped to sew Milhe carniderw at We meatirti, such interested. pe a9n wa. need a woad oCWi prooaednp, and !br nrh par. P�taq nasd;tmanncs a Mabati� reoovd of ma Deaoi dinssa,mrdti.wbiek record in- amadasthe Iiitimda,. ard..idema Upon the Fa to be- Tiya. M ascd mr osae.. rnp0�° of heck up. lbr the C a&& In seiaduue with me Amedcan. with Disabli ies Act (ADA) and Florida statute 2dd.26, pawns with dmbMee roed'itf ape. a.t acoamonodapar to pntiegate in this pro. «edina sbouid oormot Lam Gamut", au later Wart two rn woddtts days Fria to %e oPt ovedUtS at 863.7E-3373 x 411; if you are or ycift fil"h*4 OR 400. 222-344 (vaice) a 1438-447-5620 n n h I AM*C- MT" p4 Clerk FUWAM wrs�NzuosNNtsm�� . CITY OF OKEECHOBEE July 6, 2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 of 3 I. CALL TO ORDER - Mayor: July 6, 2004 City Council Regular Meeting, 6:00 p.m. • 11. OPENING CEREMONIES: Invocation given by Pastor Leroy Smith, First Missionary Baptist Church. 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 0 IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 15, 2004 Regular Meeting. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. _ of 3 ..JULY,61 , , , . _ CRY COUNCIL AGENDA :, PAGE 2 _ . . VI. NEW BUSINESS. A.1.a) Motion to read by title only and set July 20, 2004 as a public hearing date for proposed Ordinance No. 863 regarding early voting (Exhibit 1). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 863 by title only. • 2.a) Motion tD approve the first reading of proposed Ordinance No. 863. b) Discussion. c) Vote on motion. 8.1.$) Motion to read by title only and set July 20, 2004 as a public hearing date for proposed Ordinance No. 864 regarding Rezoning Application No. 04- 005-R submitted by Carol Johns, Lots 11 and 12 of Block 34, First Addition to South Okeechobee - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 864 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 864. • b) Discussion. c) Vote on motion. C. Discussion related to noise ordinance - City Attorney (Exhibit 3). JULY 6, 2004 - CITY COUNCIL Amu - PAOE 3 OF 3 VI. NEW BUSINESS CONTINUED. D. Presentation of the FY03 Annual Audit Report - Debbie Bradley. VII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested ps will need a record of the proceeding, and for such purposed may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the ap Is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. i ExHisrr 1 JULY 6, 2004 AGENDA ORDINANCE NO. 863 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, EXEMPTING ITSELF FROM THE PROV1111111100 OF SECTION 101.657, FLORIDA STATUTES, SPECIFICALLY RELATED TO EARLY VOTING; REPEALING ALL ORDINANCES OR PARIS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FCNt AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has adopted revisions to Section 101.657 of the' Florida Statutes, said section relating to Early Voting; and WHEREAS, State Law allows the City of Okeechobee to "opt out° of the provisoms of Section 101.657, the Early Voting requirements, by adopting an orde stating such intent; and WHEREAS, the City of Okeechobee is contracting the Early Voting requbor M to the Okeechobee County Supervisor of Elections, as provided in State L.airv; and WHEREAS, the City of Okeechobee feels that it is in the best interests of its ddnm to opt out of the early voting provision contained in Section 101.657 F.S. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; presented at a duly advertised public nupOW, and passed by majority vote of the City Council; and properly executed bya Msyoror designee, as Chief Presiding Officer for the City: SECTION 1. That the City of Okeechobee hereby exercises its ril t to exempt itself from the provision of Section 101.657, F.S. and OW cordwA with the Okeechobee County Supervisor of Elections to*~ aim* voting for the City of Okeechobee at the Office of the St*wvisor of Elections and any other early voting sites the Supervisor may establish in public libraries and/or city hall. SECTION 2. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconal rt ,. or unenforceable, then all remaining provisions and pordoft of this ordinance shall remain in full force and effect. SECTION 3. That this ordinance shall take effect immediately upon its adoption by the City Council of the City of Okeechobee, Florida. INTRODUCED for first reading and set for public hearing on the 61 day of JW, 2004. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, MWW Page 1 of 2 ADOPTED after second and final reading at a public hearing held this 20�' day of July, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 E • EXHIBIT 1 JULY 6, 2004 AGENDA ORDINANCE NO. 863 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, EXEMPTING ITSELF FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES, SPECIFICALLY RELATED TO EARLY VOTING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has adopted revisions to Section 101.657 of the Florida Statutes, said section relating to Early Voting; and WHEREAS, State Law allows the City of Okeechobee to "opt out" of the provisions of Section 101.657, the Early Voting requirements, by adopting an ordinance stating such intent; and WHEREAS, the City of Okeechobee is contracting the Early Voting requirement to the Okeechobee County Supervisor of Elections, as provided in State Law; and WHEREAS, the City of Okeechobee feels that it is in the best interests of its citizens to opt out of the early voting provision contained in Section 101.657 F.S. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. That the City of Okeechobee hereby exercises its right to exempt itself from the provision of Section 101.657, F.S. and shall contract with the Okeechobee County Supervisor of Elections to conduct early voting for the City of Okeechobee at the Office of the Supervisor of Elections and any other early voting sites the Supervisor may establish in public libraries and/or city hall. SECTION 2. 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 3. That this ordinance shall take effect immediately upon its adoption by the City Council of the City of Okeechobee, Florida. INTRODUCED for first reading and set for public hearing on the 6"' day of July, 2004. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, Mayor Page 1 of 2 EXHIBIT 2 - .IuLY 6, 2004 AGENDA ORDINANCE NO. 864 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENS THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED t#101111ft . FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DIMM, T TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDII " ZONING MAP ACCORDINGLY, PROVIDING FOR CONFL*", SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ovdinance Number: 402 in which a revised Official Zoning Map was adopted for sold City; -and WHEREAS, the owner of the property more particularly described hs+rseflIer, has heretofore filed a petition (Petition No. 04-005-R) pursuant to the Land DaseYliment Regulations of the City of Okeechobee for the purpose of rezoning tract of land consisting of 0.325 acre(s) from Residential Single FamIN60 a (ROF-1) Zoning District to Heavy Commercial (CHV) Zoning District and that this.requed 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 Col"'Whensive 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 ENACTED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; presented at a duly advertised public rnrieft and passed by majority vote of the City Council; and properly executed by Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobes, limit: Lots 11 and 12, Block 34, FIRST ADDITION TO SOUTH OKEECHOBEE, according the plat thereof recorded In PW Book 1, page 17, public records of Okeechobee CoIty, Florida. Said lots lying in and comprising a part of Noell1kot Quarter (NE 114) of the Northeast Quarter (NE 114) l g West of Parrott Avenue, in Section 28, Township 37 Soaft Range 35 East. 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 changod from Residential Single Family -One (RSF-1) Zoning District to Ferny Commercial (CHV) Zoning District. Page 1 of 2 • SECTION 3. CONFUCT6 • All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVEmsium 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 a day of Jam, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 20�' day of July, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: SUBJECT: Status Report FROM: Below is a brief summary of past and upcoming events. June 30, 2004 Bill L. Veach, City Administrator ADMINISTRATION GRIT — The attorneys have reviewed and the Mayor has executed the settlement AND GENERAL agreement with GRIT. As indicated before, Steve Robbins will remain on board and SERVICES I work closely with John Cook regarding the re -insurance issue. Industrial Park — The construction phase of the project is underway. CAS has authorized the final planning for the rail spur and Gene Schriner continues to confirm a comfort level with the overall grant budget and timeline for the project, although both are tight. Early indications from contractors are that the bridge will be completed by October 1. The earthwork, streets, sewer and water are scheduled to be completed by Thanksgiving. The lift station should be installed by Labor Day. Only the rail spur remains to be awarded and scheduled. However, that must occur before EDA will reimburse expenditures. I am working with CAS and Ranger Construction to see if it would be more cost effective, while they are working in the park, to have them complete the portion of the street (from the list station to Douglas Park) that the City will have to fund. Mr. Meyer is prepared to commence with construction as soon as legal documents and the subsequent sale of land are completed. Downtown Streetscape Project — Construction on the downtown project began on May 12. While the scarcity of concrete has caused minor delays, we are still on schedule with the parks portion of the project. Donnie Robertson and Oscar Bermudez will be working closely with Nancy Phillips and the contractor. ADMINISTRATION As you know, there is also a storefront renovation element to the project. The architect AND GENERAL is finalizing his drawings and then Nancy will discuss them with the participants, staff SERVICES and the City Council before final approval is requested from the State. This is a time CONTINUED consuming endeavor and two of the participants, Mr. Wherrell and Mr. Conlon, seem to be growing impatient with the timeline and intolerant of the guidelines. Staff will continue to attempt to address their concerns. Impact Fees — I have obtained a copy of Indian River County's RFP for an impact fee consultant which addresses multiple potential impact fee areas. George Long is reviewing this RFP and it is hoped significant elements ofthe document can be used to develop one of our own. I have indicated to George that the City is willing to help in any way possible in the drafting of the RFP. OUA — We await notification that OUA has received the engineer's preliminary report related to the sewer capacity expansion. PUBLIC WORKS Donnie Robertson's staff continues with their efforts related to modification of the e Street boat ramp. In working with DEP, a baffle box must be installed before the project can be completed. However, the ramp is open for use. Work continues on this year's street projects. The authorization was given for work to commence on June 6. All resurfacing work has been completed with only the SW lfh Avenue project remaining to be done. CODE Chief Smith reports that Jim Byrd is working out well as the new part-time code ENFORCEMENT enforcement official. It should also be noted that the three boats Marvin Brantley has been cited for in Taylor Creek have been moved. FINANCE The Auditors are scheduled to present the FY03 audit to the City Council on July 6. As for this year's (FY04) budget, we appear to be on track both from a revenue and expenditure perspective. Staffhas begun preparations for the FY05 budget. We will be scheduling workshops for August. 2 POLICE The Department has encountered difficulties of late related to noise complaints. This DEPARTMENT issue may soon be an item that comes before the City Council. Staff is working with the City Attorney to clear up vague or conflicting areas within the City's noise ordinance guidelines: The Police Department has provided Attorney Cook a copy of the Vero Beach noise ordinance and we are hopeful that a useful ordinance for Okeechobee can be drafted from that sample. FIRE Chief Smith reports that he continues to work with the service provider towards the DEPARTMENT installation of a new repeater system. This will enhance communication capabilities and improve safety for our on scene safety personnel. CITY ATTORNEY I The following are included in the items I have asked Attorney Cook to address. 1. GRIT related re -insurance issues. 2. Finalize the sale of land to Robert Meyer. 3. Recommendations related to reversionary action in alley closings, etc. 4. Draft an enforceable noise ordinance. 5. Hamrick Trust — John is in discussion with the County Attorney on this matter. 6. Research annexation issues. 7. LDR issues, such as conversion of former residential structures to commercial and CBD site regulations and new development within the CBD. 8. Marvin Brantley's continuing situation. 9. Various LDR issues, including the commencement of site -work and sidewalk, curb and guttering issues. CITY CLERK I See Attachment. K 01 TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk SUBJECT: Status Report Attachment DATE: July 2, 2004 Elections - Candidate Packets are available. Qualifying Week is Noon, August 16 through Noon August 20, 2004.'Four candidates have pre -filed to date. Annual Clerk's Conference - As you all know I attended the Annual Educational Conference hosted by the Florida Association of City Clerks in St. Augustine. This year's theme was "Bridging the Past to the Future." The classes I attended included: Legislative Updates. This class was presented by Ken Small of the FLC who highlighted the 2004 Legislative Session and explained areas that specially effect municipalities. Writing Policies and Procedures was presented by Melinda O'Neill, Florida Institute of Government, UCF branch. The class covered the basics of learning how to properly write policies and procedures for your department to provide clear direction and save countless hours and frustration, with tips for keeping your newly formulated policies and procedures from becoming stale and useless. Empowerment - Antidote to Bureaucracy. This workshop explored the role of a Department Head in shaping an environmental where all members of the organization feel responsible for creating a workplace they personally believe in. We examined the differences between bureaucratic and entrepreneurial structures and understanding the pressures which cause many to be cautious, safe and compliant. Barbara Clegg of the Florida Institute of Government, UCF branch presented this workshop. Mentoring for Success was an information session presented by the Mentoring Committee Chair, Linda Depew and Professional Education Committee Member Pamela Smith (both City Clerks). I've applied to be in the mentoring program to be assigned a "seasoned clerk" to assist me as I continue the learning process as a new clerk. They match new city clerk's with clerk's that have been in office for at least 4 years, who have achieved their CIVIC status and are of like population, budget and duties. Elections. This extremely informative session was hosted by Volusia County's Supervisor of Elections, Deanie Lowe. The County Elections Supervisor's Annual Conference is the week before ours, but after the spring legislative session. At this class we were informed about the recent changes in the election laws. One change in particular is being presented in ordinance form on the July 6 agenda. If the City does not:adopt an ordinance opting out of early voting and either: (a) does not have early voting; or (b) assigns it to the County Supervisor's Office. We then MUST have early voting here at City Hall. Adopt security measures. Rent voting equipment. Pay overtime to staff to have it available for 15 days prior to the general election, including 2 weekends. I've spoke with Gwen and she will handle the early voting process for us, which is how it is presented in the ordinance. Project Professionalism was a session presented by Jim Mathis of "Leading with Spiritl" the objective was to learn what it means to be a professional and project professionalism; learn about your strengths and weaknesses as one relates in a professional environment. Learn how to deal with difficult people in conflict and confrontation. Learn attitude skills and help one become more professional on the job; and to develop a plan to become more professional and successful. I also had a time of "networking" with other clerk's in our Central East District meeting. I obtained some very interesting information on various topics that I will be sharing with Administrator Veach. One item of mutual interest was getting citizens to volunteer on citizen boards and the residency requirement. It appears Okeechobee is not the only city that has had to resort in allowing more County residents than City residents on these types of boards. One requirement several have that we do not is requiring that a citizen be a registered voter. This is a requirement we might also want to implement. This conference also applies toward my educational credit to obtain my certification as a municipal clerk ("CIVIC.") I want to thank the Council for allowing me the privilege of attending, it was well worth the time.