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2005-08-16 Regular Meeting336 I. CALL TO ORDER - Mayor: August 16, 2005 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith, Basinger First Baptist; 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 Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. CITY OF OKEECHOBEE AUGUST 16, 2005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Mayor Kirk called the August 16, 2005 Regular City Council Meeting to order at 6:00 p.m. In the absence of Pastor Jaquith, the Invocation was offered by Council Member Watford; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present PAGE 10F 14 A. Motion to dispense with the reading and approve the Summary of III Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the August 2, 2005 Regular Meeting. August 2, 2005 Regular Meeting; seconded by Council Member Williams. There was no discussion on this matter. 1 1 AUGUST 16, 2005 - REGULAR MEETING - PAGE 2 OF 14 337 IV. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 2, 2005 Regular Meeting continued. V. AGENDA - Mayor. A. Requests for the addition, deferral 6rwithdrawal of items on today's agenda. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the July 2005 Warrant Register. General Fund ................................ $318,646.26 Industrial Development Fund .................... $257,481.49 CDBG Grant .................................. $19,131.15 Debt Service Fund ................................ $97.99 VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any request for the addition, deferral or withdrawal of items on today's agenda. There were none. Council Member Watford moved to approve the July 2005 Warrant Register in the amounts: General Fund, three hundred eighteen thousand, six hundred forty-six dollars and twenty-six cents ($318,646.26); Industrial Development Fund, two hundred fifty-seven thousand, four hundred eighty-one dollars and forty-nine cents ($257,481.49); Community Development Block (CDBG) Grant, nineteen thousand, one hundred thirty-one dollars and fifteen cents ($19,131.15); Debt Service Fund, ninety-seven dollars and ninety-nine cents ($97.99); seconded by Council Member Markham. There was no discussion on this matter. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:18 P.M. aaa AUGUST 16, 2005 - REGULAR MEETING - PAGE 3 OF 14 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. a) Motion to read by title only proposed Ordinance No. 903, regarding III Council Member Williams moved to read by title only, proposed Ordinance No. 903, regarding Rezoning Petition No. Rezoning Petition No. 05-006-R submitted by Haynes and Susan 05-006-R submitted by Haynes and Susan Williams; seconded by Council Member Chandler. Williams - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 903 by title only. Attorney Cook read proposed Ordinance No. 903 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 SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 903. 111 Council Member Markham moved to adopt proposed Ordinance No. 903; seconded by Council Member Williams b) Public comments and discussion. This ordinance pertains to Rezoning No. 05-006-R which is requesting to amend the zoning for Lot 3 and the West 10 feet of Lot 2 of Block 144, City of Okeechobee, from RSF-1 to CLT. The property is located at 408 Northeast 3rd Street. The application was submitted by the property owners, Haynes E. and Susan Williams. Clerk Gamiotea reported, by memorandum in Exhibit One, all fees have been paid. The ordinance was advertised in the Okeechobee News on August 5, 2005. The Planning Board voted unanimously to recommend approval (July 26, 2005 Meeting). Planning Staff recommended denial, however, since the Future Land Use Map Application No. 05-009-SSA was approved by the Council at the August 2, 2005 meeting, Staff recommends that the City stays consistent and approval is now recommended. The General Services Department mailed nineteen courtesy notices to the surrounding property owners with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. Planning Staff report presented at the first reading, August 5, 2005 listed the basis for the recommendation of denial. AUGUST 16, 2005 - REGULAR MEETING - PAGE 4 OF 14 339 Ll VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. c) Vote on motion. Mayor Kirk asked whether there were any comments from the public. There were none. Council Member Markham noted that this was discussed at length during the first reading. Council Member Watford asked whether any communications were received by surrounding property owners. There were none. He commended the applicant for requesting CLT since this limits what type of commercial use can be operated there. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only proposed Ordinance No. 904 regarding Council Member Williams moved to read by title only, proposed Ordinance No. 904 regarding Rezoning Petition No Rezoning Petition No. 05-007-R, submitted by William and 05-007-R, "submitted by William and Catherine Fagan; seconded by Council Member Chandler. Catherine Fagan - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 904 by title only. Attorney Cook read proposed Ordinance No. 904 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 OFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROM HEAVYCOMMERCIAL (CHID ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 904 111 Council Member Markham moved to adopt proposed Ordinance No. 904; seconded by Council Member Chandler. 340 AUGUST 16, 2005 - REGULAR MEETING - PAGE 5 OF 14 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion. The applicants, Williams and Catherine Fagan are requesting a rezoning for Lots 21 and 22 of Block 3, City of Okeechobee, from CHV to RMF. The property is located within the 100 block of Northeast 10" Street. The Future Land Use designation is MF, therefore the rezoning would make both maps consistent and property available for development. Clerk Gamiotea reported in a memorandum included in Exhibit Two, all fees have been paid. The ordinance was advertised in the Okeechobee News on August 5, 2005. The Planning Board voted unanimously to recommend approval at their July 26, 2005 Meeting. The General Services Department mailed nineteen courtesy notices to the surrounding property owners, with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The Planning Staff is recommending approval based on the following criteria: Planning Staff Report Analysis: (A) Residential multi -family use and RMF Zoning are consistent with the Comprehensive Plan policies and the Future Land Use Map designation of Multi -Family for this property. (B) Multi -Family development is authorized under the RMF Zoning District. (C) Multi -family dwellings will not adversely affect the public interest. (D) Multi -family use and zoning are appropriate for this location. (E) The proposed use and zoning will not be a deterrent to the development of adjacent property. (F) When necessarily, site plan requirements can help to reduce any impacts upon the neighborhood. (G) Currently the Okeechobee Utility Authority (OUA) has a 12-inch sewer force -main along Northeast 3rd Avenue and along NE 11th Street from NE 3rd Avenue to Parrott Avenue. Any sewer connection would require a lift station. The lift station could be constructed to OUA standards and OUA would own and operate the lift station after construction is complete. The developer could construct a smaller lift station, but the lift station would be considered private and must be maintained by the property owner. The OUA has a 18-inch water main within the alleyway of Block 31. Any extensions to the east must be large enough to provide fire protection through a fire hydrant. (H) Construction standards should solve any potential flooding or drainage problems. (1) The proposed use has not been inordinately burdened by unnecessary restrictions. (J) The subject property is surrounded on two sides by similarly zoned parcels. The proposed change would not grant special privilege to the owner. Mayor Kirk asked whether there were any comments from the public. There were none. Council Member Markham noted items discussed at the first reading. This area seems to be moving toward multi -family, and that it is understood by the developer that the improving of unpaved and platted roads is their responsibility. 341 AUGUST 16, 2005 - REGULAR MEETING - PAGE 6 OF 14 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA 11 MOTION CARRIED. C.1. a) Motion to read by title only proposed Ordinance No. 906 amending Council Member Watford moved to read by title only, proposed Ordinance No. 906 amending Section 82-61 Section 82-61 Development in and Adjacent to a designated Development in and Adjacent to a designated wellhead; seconded by Council Member Williams. wellhead - City Attorney (Exhibit 3). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 906 by title only. Attorney Cook read proposed Ordinance No. 906 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.716 LAND DEVELOPMENT REGULATIONS SECTION 82-61 THEREOF, TO AMEND THE REQUIREMENTS AND STANDARDS CONCERNING WELLHEAD PROTECTION AREA TO CONFORM TO THE COMPREHENSIVE PLAN; PROVIDING FOR DEVELOPMENT STANDARDS, RESTRICTIONS AND PROHIBITIONS; PROVIDING FOR CONFLICTS AND SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 906. Council Member Markham moved to adopt proposed Ordinance No. 906; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Kirk asked whether there were any comments from the public. There were none. The Council briefly discussed this matter. 342 AUGUST 16, 2005 - REGULAR MEETING - PAGE 7 OF 14 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Vill. NEW BUSINESS. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:22 P.M. A.1. a) Motion to read by title only and set September 20, 2005 as a final Council Member Watford moved to read by title only, and set September 20, 2005 as a final public hearing date for public hearing date for proposed Ordinance No. 907 regarding Alley proposed Ordinance No. 907 regarding Alley Closing Application No. 76, submitted by Believer's Fellowship, Block Closing Application'No. 76, submitted by Believer's Fellowship, 179, City of Okeechobee; seconded by Council Member Williams. Block 179, City of Okeechobee - City Clerk (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 907 by title only. Attorney Cook read proposed Ordinance No. 907 by title only as follows: "AN ORDINANCE CLOSING, VACATING ANDABANDONING THEALLEYORALLEYWAYAS DESCRIBED HEREIN, WITHIN BLOCK 179, OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN EASEMENT THEREON AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." AUGUST 16, 2005 - REGULAR MEETING - PAGE 8 OF 14 343 VIII. NEW BUSINESS CONTINUED. A. 2. a) Motion to approve the first reading of proposed Ordinance No. 907. Council Member Markham moved to approve the first reading of proposed Ordinance No. 907; seconded by Council Member Chandler. b) Discussion. The Believers Fellowship Church is requesting to close the alley between Lots 1, 2, 3 and 10,11,12 of Block 179, City of Okeechobee, for future planning. Mr. John Ritter, on behalf of Believers Fellowship Church was present and requested a copy of the Ordinance to clarify that it stated abandoning of an alley, and not an alley use agreement. After a brief discussion between the Council, Council Member Markham suggested that a reverter clause be added to the Ordinance. The clause would state that should the project not be completed within a certain time frame the alley would revert back to the City. Mr. Phil Jones, Rector of Believers Fellowship approached the Council with the request that should their project not be completed within the twenty-four months, would an extension be permissible. Mayor Kirk responded, providing they can show there are plans under way for the project then an extension would be 11 considered. Mr. Phil Jones thanked the Council for their consideration. Council Member Markham made a motion to amend the original motion, to add the standard twenty-four month reversionary clause in the ordinance; seconded by Council Member Chandler. c) Vote on motion. VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED As Amended. , AUGUST 16, 2005 - REGULAR MEETING - PAGE 9 OF 14 VIII. NEW BUSINESS CONTINUED. B.1. a) Motion to read by title only and set September 20, 2005 as a final Council Member Williams moved to read by title only, and set September 20, 2005 as a final public hearing date for public hearing date for proposed Ordinance No. 908 regarding Alley proposed Ordinance No. 908 regarding Alley Closing Application No. 77, submitted by Ronnie and Ellain Lawrence, Closing Application No. 77, submitted by Ronnie and Ellain Block 16, South Okeechobee; seconded by Council Member Chandler. Lawrence, Block 16, South Okeechobee - City Clerk (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 908 by title only. Attorney Cook read proposed Ordinance No. 908 by title only as follows: "AN ORDINANCE CLOSING, VACATING ANDABANDONINGA PORTION OF THEALLEYOR ALLEYWAYAS DESCRIBED HEREIN, WITHIN BLOCK 16, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 908. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 908; seconded by Council Member Williams. b) Discussion. The applicant's, Ronnie and Ellain Lawrence are requesting that the South one-half of the alley located between Lots 11 4, 5, 6 and 10, 11, 12 of Block 16, South Okeechobee, be closed for the development of Lots 10, 11 and 12. There was a brief discussion on this matter. The North -half of the alley is already closed. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. AUGUST 16, 2005 - REGULAR MEETING - PAGE 10 OF 14 345 Vill. NEW BUSINESS CONTINUED. C. Presentation of Main Street third quarter report and consideration of proposed agreement - Maureen Burroughs (Exhibit 6). L 1 Maureen Burroughs of Okeechobee Main Street (OKMS) presented to the Council the Third Quarterly update. They have been awarded a three thousand dollar ($3,000.00) grant to assist with the Design Committee in further development of the Local Program Area (LPA) comprehensive plan. The Arts and Culture Organization has established two new programs to be produced in 2006 in conjunction with the schools and the Community Theater. This committee has also submitted a grant in conjunction with Okeechobee County School for ten thousand dollars ($10,000.00) to help support a juried art show in the community. The development of a Facade and Beautification Program for property owners in the downtown area where a property owner may receive monetary assistance to beautify the area. Also, to coordinate with the City to reestablish the Community Redevelopment Agency (CRA) and to develop a Taxable Incentive Funding program (TIF) for future funding renovations. In April 2005 a draft for a corporate landscape ordinance was provided to the County. A grant was resubmitted for renovation of the Old Jail Building in the amount of six hundred ninety-seven thousand dollars ($697,000.00). They hosted the Florida Main Street Organization Resource Team in June 2005 to review and provide recommendations on the revitalization of the downtown area. The results are now posted on their website. Mural guidelines were upgraded to the Facade and Beautification program. The organization added ten new members. The Bike Rally fund raiser received six hundred dollars ($600.00) in net receipts. Their future plans are to develop new projects for fund raisers such as an Old Fashion Yard Sale at the American Legion Hall, a Chili Cook -Off in the Fall of 2005 and an Arts and Crafts Festival in 2006. They hope to attend the Florida Main Street Quarterly meeting in September 2005 and the State Conference in November 2005. The submittal of additional grants to assist with the CRA District as it relates to the TIF and the development of a master plan for the area on the south side of the old Courthouse. They are in the process of investigating feasibility of a Historic Preservation Ordinance for both the City and the County of Okeechobee. Their total income for the quarter was nineteen thousand, one hundred sixty-two dollars ($19,162.00) and their total expenses were seventeen thousand, sixty dollars and forty-one cents ($17,060.41) leaving a net income of two thousand, one hundred one dollars and fifty- nine cents ($2,101.59). Item not noted in the hand out that they must keep track of grant money received and volunteers hours. They have received twenty-three thousand dollars ($23,000.00) in grants to date and volunteer hours are sixteen thousand. Also, presented to the Council was a proposal agreement between OKMS and the City of Okeechobee for the CRA. Attorney Cook suggested the Council consider the contract at the next City Council allowing him to review and discuss it with Mrs. Burroughs. Mayor Kirk thanked Mrs. Burroughs for her presentation and all that OKMS has done for our community. 346 AUGUST 16, 2005 - REGULAR MEETING - PAGE 11 OF 14 Vill. NEW BUSINESS CONTINUED. D. Consider a request for 20% reduction in parking for the Courthouse Plaza - Loris Asmussen (Exhibit 7). Lo Mr. Loris Asmussen, Engineer of the Courthouse Plaza project was present. The proposed plaza is located at 206 and 210 Northwest 51' Street. Legal description being Lots 7 through 10 of Block 92, City of Okeechobee. The request is for a 20 percent parking reduction for on-siteloff-street parking. Administrator Whitehall stated that the Technical Review Committee recommends approval of the site plan, which they reviewed at their July 27, 2005 meeting. Mr. Asmussen informed the Council that twenty parking stalls will be on-site/off-street and five will be off-site/on-street. Council Member Watford requested that Mr. Asmussen coordinate with Public Works Director Robertson regarding the on -street striping of the parking spaces, which will be their responsibility. Council Member Watford moved to grant a 20 percent reduction parking for Courthouse Plaza; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. E. Motion to instruct the City Attorney to draft the appropriate Council Member Chandler moved to instruct the City Attorney to draft the appropriate ordinance regarding Newman ordinance regarding Newman Rezoning Application No. 04-010-R Rezoning Application No. 04-010-R and present it for First Reading at the September 7, 2005 meeting; seconded by and present it for First Reading at the September 7, 2005 meeting - Council Member Williams. City Attorney (Exhibit 8). Mr. and Mrs. Chris Newman applied for a rezoning (Petition 04-010-R), in November 2004. The petition went before the City Council on January 4, 2005 for the final reading in which the motion was denied. The applicants requested a rezoning for Lots 3 through 12 of Block 153, City of Okeechobee Subdivision from Heavy Commercial (CHV) to Commercial Business District (CBD), in order to be relieved of some of the parking regulations required in the City's Land Development Regulations. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking; and less strict parking and loading standards. The discussion amongst Council Members at the January meeting was that changing the zoning was not going to make the parking problems disappear for these lots and the existing buildings. AUGUST 16, 2005 - REGULAR MEETING - PAGE 12 OF 14 347 VIII. NEW BUSINESS CONTINUED. E. Motion to instruct the City Attorney to draft the appropriate Attorney Cook reported by memorandum that he, along with the City Administrator, met with the Newman's and their ordinance regarding Newman Rezoning Application No. 04-010-R legal counsel on August 9, 2005, regarding the lawsuit and proposed settlement of all issues. The status of the suit and present it for First Reading at the September 7, 2005 meeting is that the appeal of the City Councils decision is pending before the Appellate Panel for the Nineteenth Judicial Circuit, continued, with no date in sight for resolution. I expect the panel will next set oral argument of counsel in Fort Pierce, and decide the matter by Thanksgiving. Should the Newman's lose that state, they are not preluded from filing an independent civil action against the City citing arbitrary denial of their rezoning request, particularly in light of the fact our land planning expert and the City Zoning Board recommended approval of the request as being consistent with our comprehensive plan. Keeping in mind that our present ordinance prohibits expansion of CBD zoning category, except for the Newman application, unless the Council changes the ordinance, this will be the last CBD application we see. Therefore, I am recommending that the Council reconsider the zoning denial from CHV to CBD for the block containing the Newman property, Indiantown Bank, and the Whidden property, excepting out Lots 1 and 2 for the Brown and Hoover residences. Counsel for the Newman's has agreed to abate the lawsuit while this is being considered, and the Newman's have agreed to dismiss the suit as part of settlement of these issues, whether the rezoning is approved. The City would be released from any monetary obligation to pay the Newman's court costs, although we did agree that they would not bear any expense in any re -advertising of the ordinance. While it is agreed there are pros and cons to each side of this issue, I recommend this approval as being consistent with our Comprehensive Plan, and a sensible solution to the ongoing land use and parking issues that will continue to plague this block whether we do not act. After a lengthy discussion the Council decided that it would be in the best interest of all involved that this matter be discussed in an Executive Session, but they would proceed with the drafting of the appropriate ordinance and present it for First Reading at the September 7, 2005 City Council meeting. Council Member Watford moved to amend the original motion to instruct City Staff to take the necessarx measures and set an Executive Session, tentatively on Tuesday, September 6 2005 at 6.00 p.m., to discuss the Newman litigation; seconded by Council Member Markham. AUGUST 16, 2005 - REGULAR MEETING - PAGE 13 OF 14 VIII. NEW BUSINESS CONTINUED. E. Motion to instruct the City Attorney to draft the appropriate VOTE ON MOTION TO AMEND ordinance regarding Newman Rezoning Application No. 04-010-R KIRK -YEA and present it for First Reading at the September 7, 2005 meeting CHANDLER -YEA continued. MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED AS AMENDED. F. Motion to begin foreclosure proceedings as recommended by the Attorney Cook requested that the Council approve to begin foreclosure proceedings as recommended by the Code Code Enforcement Board on the Browns' property - City Attorney Enforcement Board on the Browns' Property located in Dean's Court. The property owner's Joe and Johnny Brown, have been cited for Public Nuisances Chapter 30 Section 30-43, Case No. 04-025. The property is located at 803 Northwest 12t' Street. The citation has been since April 1, 2005 and there is an existing ten dollars per day fine since that time. This property has not been cleaned up as of date. Property owner's Gloria and Mary Brown, have been cited for General Cleaning and Beautification Chapter 30 Section 30-44, Case No. 04-026, for vacant property located in the 800 Block of Northwest 12t' Street. The citation has been since December 15, 2004 and there is an existing ten dollars per day fine since that time. Mayor Kirk stated that it is an unpleasant situation, but we need to support 11 our Code Enforcement Board. Council MemberWatFord moved to begin foreclosure proceedings as recommended bythe Code Enforcement Board on the Browns' property Case No. 04-025 and No. 04-026: seconded by Council Member Williams. AUGUST 16, 2005 - REGULAR MEETING - PAGE 14 OF 14 3�I? 1 F� Vill. NEW BUSINESS CONTINUED. F. Motion to begin foreclosure proceedings as recommended by the Code Enforcement Board on the Browns' property continued. G. Motion to approve a change order regarding the Roadway Improvement Project - City Administrator (Exhibit 9). IX. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made; which record includes the testimony and e ' nce upon which the appeal is to be based. City Clerk tapesare 160he sokrpurpose of backup for gal record of the Clerk. W James E. Kirk, Mayor VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Administrator Whitehall presented to the Council a change order regarding the 2003/2004 Fiscal Year Roadway Improvement Project which showed a significant increase in the amount of funds due, by twenty thousand, one hundred ninety-nine dollars and forty-four cents ($20,199.44). The original bid amount submitted by APAC Southeast Inc. was for one hundred thirty-seven thousand, eight hundred eighty-eight dollars and forty cents ($137,888.40). The increased bid amount is one hundred fifty-eight thousand, eighty-seven dollars and eighty-four cents ($158,087.84). Mr. Whitehall explained that the quantities of asphalt needed were higher upon completion than what was outlined in the bid documents. He also explained to the Council that sometimes an overage or underage occurs from the original bid, but for future reference, tighter and adequate inspections will be administered. Future bids will also be based on unit pricing rather than volume. Mayor Kirk thanked Administrator Whitehall for his insight and explanation of the situation. Council Member Chandler moved to aaarove a chance order in the amount of $20,199.44 to APAC. Southeast Inc.. reaardina the 2003/2004 FY Roadwav Improvement Proiect; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THEAGENDA, MAYOR KIRKADJOURNED THE MEETING AT 7:25 P.M. The next regularly scheduled meeting is Wednesday, September 7, 2005 following the Budget Public Hearing at 5:01 p.m. Lane tamiotea, .QMC, City AFFIDAVIT OF PUI0HER 46 OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, ----- being a Notice of City Council Budget Workshop and Regular Meeaina PO #12869 N0110EOFCITYCOnNCD BUDGET WORKSHOP AND RE6LILAR MEETING in the matter of City of Okeechobee NOTICE IS DEREBY GIVEN that the City atuu t f the city of will City of Okeechobee on Tuesday, mew m a Workshop Session on Tuesday, Au- in gust 16, 2005, 5-00 p.m, City Hall, 55 SE 3rd 55 SE Third Avenue Ave., Run 200, Okeechobee, Florida. Tbe p+rr- Okeechobee FL 34974-2932 -. pose of�the workshop is to discuss and review the proposed.2005-2006 Fiscal Year Amiral Budget At 6:00 p.m., or as soon thereafter as �, possible,--. following the Budget Workshop,. the Regular City. Council Meeting will be con- ducted. The public is invito ipci encouraged In the Court, to meoa. For a copy of thd: agenda contact City Administration at (863) 163-3372 x 212. was published in said newspaper in the issues of 08/11/2005 AD - pLEAt if my NOTICEAND$EAD- VISEI) that if goy person: desires to appeal my decision made by the City Council with respect to any matter considered at this meet- ing, such interested person willneed a record of the proceedings, and for such purpose may need to ensure a verbatim record of the pm - Affiant further says that the said Okeechobee Times is a newspaper winch �Y a� upp= wincludes the u published at Okeechobee, in said Okeechobee County, Florida, and peal is to be based. Tapes are used for the sole purpose of back-up for the Oak's Office. that said newspaper has heretofore been continuous) published in Y P ht accordance with the Americana with Disabilities Act (ADA) and Florida Statute said Okeechobee, Florida as a daily, weekly, or bi-weekly and has 286.26, persons with disabilities »«dies spe- cial iodation to pemcipate. in !his pro. been entered as second class mail matter at the post office in ceeding should contact Lane ?amrytea� no 1€tk'mau'.to(2) working days prcic'�tb th4`. Okeechobee, in said Okeechobee County, Florida, for a period of one p oceeding st x 214, if you are PY year next preceding the first publication of the attached co of "ia863.763-3372 hearing o< rope m�07- 1DIJ a Soo 222-3448 (voice) or 1-SSs-d47 5�61A--('ITV). advertisement; and affiant further says that he has neither aid nor Y P by: Lane Oamiotea. CMC, City Clark PUBLISH DATES: oanL12W promised any person, firm or corporation any discount, rebate, $s- ThaOk«ataheeT>M_-- ---------------- commission or refund for the purpose of securing this advertisement -'"�---_„_.;...- for publication in the said newspaper. Q rr,, c� ( _LL�, , -- Jam sA. Hughes, Jr., (Publisher V Sworn to and subscribed before me this / I � day of A.D. 2005 (SEAL) Notary Public r Yd , Rosealee A. Brennan Ue - Commission #DD318483 Expires: Jun 25, 2008 -9rF OF F `�Q Bonded Ttuu Atlantic Bonding Co., Inc. Page -1- Tape 1 side A CITY OF OKEECHOBEE - August 16, 2005 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk, August 16, 2005, City Council Regular Meeting 6:15 p.m. II. OPENING CEREMONIES: Invocation given by Watford Pastor Al Jaquith Basinger First Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson X X X X X X X X X X X X IV. MINUTES - City Clerk, A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action forthe August 2, 2005 Regular Meeting; seconded by Council Member Williams. No discussion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. None. VI. WARRANT REGISTER - City Administrator. A. Council Member Watford moved to approve the July 2005 Warrant Register in the amounts; General Fund, three hundred eighteen thousand, six hundred forty-six dollars and twenty six cents ($318,646.26); Industrial Development Fund, two hundred fifty-seven thousand, four hundred eighty- one dollars and forty-nine cents ($257,481.49); Community Development Block (CDBG) Grant, nineteen thousand, one hundred thirty-one dollars and fifteen cents ($19,131.15); Debt Service Fund, ninety-seven dollars and ninety-nine cents ($97.99); seconded by Council Member Markham. No discussion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X • • Page -2- MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED, VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:18 P.M. A.1. a) Council Member Williams moved to read by title only, proposed Ordinance No. 903, regarding Rezoning Petition No. 05-006-R submitted by Haynes and Susan Williams - City Planning Consultant (Exhibit 1); seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 903 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROMRESIDENTIAL SINGLEFAMILY-ONE(RSF-1)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 Markham moved to adopt proposed Ordinance No. 903; seconded by Council Member Williams. b) Public comments and discussion. None. This ordinance pertains to Rezoning No. 05-006-R which is requesting to amend the zoning for Lot 3 and the West 10 feet of Lot 2 of Block 144, City of Okeechobee, from RSF-1 to CLT. The property is located at 408 Northeast 3'd Street. The application was submitted by the property owners, Haynes E. And Susan Williams. Clerk Gamiotea reported, by memorandum in Exhibit One, all fees have been paid. The ordinance was advertised in the Okeechobee News on August 5, 2005. The Planning Board voted unanimously to recommend approval (July 26, 2005 Meeting). Planning Staff recommended denial, however, since the Future Land Use Map Application No. 05-009-SSA was approved by the Council at the August 2, 2005 meeting, Staff recommends that the City stays consistent and approval is now recommended. The General Services Department mailed nineteen courtesy notices to the surrounding property owners with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. Planning Staff report presented at the first reading, August 5, 2005 listed the basis for the recommendation of denial. Markham, think we discussed this well at first reading, plenty of on -site parking. Watford, asked clerk whether we received any other correspondences? Lane, None. Watford, since no objections with surrounding residential property. Would like to commend applicant for going with CLT, limits what type of commercial can go in there and the intensity. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Williams moved to read by title only proposed Ordinance No. 904 regarding Page -3- Rezoning Petition No. 05-007-R, submitted by William and Catherine Fagan - City Planning Consultant (Exhibit 2); seconded by Council Member Chandler. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 904 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. " 2, a) Council Member Markham moved to adopt proposed Ordinance No. 904; seconded by Council Member Chandler. b) Public comments and discussion. None. The applicants, Williams and Catherine Fagan are requesting a rezoning for Lots 21 and 22 of Block 3, City of Okeechobee, from CHV to RMF. The property is located within the 100 block of Northeast 10th Street. The Future Land Use designation is MF, therefore the rezoning would make both maps consistent and property available for development. Clerk Gamiotea reported in a memorandum included in Exhibit Two, all fees have been paid. The ordinance was advertised in the Okeechobee News on August 5, 2005. The Planning Board voted unanimously to recommend approval at their July 26, 2005 Meeting. The General Services Department mailed nineteen courtesy notices to the surrounding property owners, with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The Planning Staff is recommending aRRroval based on the following criteria: Planning Staff Report Analysis: (A) Residential multi -family use and RMF Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation of Multi -Family for this property. (B) Multi -Family development is authorized under the RMF Zoning District. (C) Multi -family dwellings will not adversely affect the public interest. (D) Multi -family use and zoning are appropriate for this location. (E) The proposed use and zoning will not be a deterrent to the development of adjacent property. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) Currently the Okeechobee Utility Authority (OUA) has a 12-inch sewer force -main along Northeast 3rd Avenue and along NE 11th Street from NE 3rd Avenue to Highway 441. Any sewer connection would require a lift station. The lift station could be constructed to OUA standards and OUA would own and operate the lift station after construction is complete. The developer could construct a smaller lift station, but the lift station would be considered private and must be maintained by the property owner. The OUA has a 18-inch water main within the alley -way of Block 31. Any extensions to the east must be large enough to provide fire protection through a fire hydrant. (H) Construction standards should solve any potential flooding or drainage problems. (1) The proposed use has not been inordinately burdened by unnecessary restrictions. (J) The subject property is surrounded on two sides by similarly zoned parcels. The proposed change would not grant special privilege to the owner. Markham, discussed during the first reading, located in the NE section and backed up to wetland. Area seems to be changing to multi -family based on recent requests. Not anything we would have to do with, however, want to make sure developer understands that the pavement will be their responsibility, 10`h Street. Watford, kind of unusual going to RMF, east is heavy commercial, same as Markham, area seems to be moving toward multi -family. • • c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Page -4- CAa) Council Member Watford moved to read by title only proposed Ordinance No. 906 amending Section 82-61 Development in and Adjacent to a designated wellhead - City Attorney (Exhibit 3); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 906 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716 LAND DEVELOPMENT REGULATIONSSECTION82-61 THEREOF, TO AMEND THEREQUIREMENTSAND STANDARDS CONCERNING WELLHEAD PROTECTION AREA TO CONFORM TO THE COMPREHENSIVE PLAN; PROVIDING FOR DEVELOPMENT STANDARDS, RESTRICTIONS AND PROHIBITIONS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 906; seconded by Council Member Chandler. b) Public comments and discussion. None. Watford, this should clean it all up shouldn't it? Cook, yes, definition change also, height on the tanks in industrial area, establishes better defined protection of well head. Ties specifically to DEP standards. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:22 P.M. VIII. NEW BUSINESS. A.1. a) Council Member Watford moved to read by title only and set September 20, 2005 as a final public hearing date for proposed Ordinance No. 907 regarding Alley Closing Application No. 76, submitted by Believer's Fellowship, Block 179, City of Okeechobee - City Clerk (Exhibit 4); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X Page -5- MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 907 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 179, OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN EASEMENT THEREON AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 907; seconded by Council Member Chandler. b) Discussion. Mr. John Ridder, church member requested a copy of the proposed ordinance in order for them to be sure this is an alley closing not a use of alley. Watford gave him his copy. Mayor, its an ordinance as and the title stated this is an abandonment. Markham, this is a "T-alley," runs East to West, looked at it again today, they have it mowed, using for parking, old house sitting next to it. As long as we keep one going North to South open I believe we will be okay. I think that we need to have the reversionary clause in the ordinance as we have done others since one of their reasons for closing is has to do with building on the alley. mm Jf _ Council Member Markham made a motion to amend the original motion, to add the standard 24-month reversionary clause in the ordinance; seconded by Council Member Chandler. Markham, recent issue with one in Okeechobee Commons II, they did not get their CO therefore alley reverts back to the city. Phil Jones of church addressed the Council by stating they are really starting to grow, however, 2 years may not be enough could you do a 48 month? Markham, could grant you an extension if you can't have it done within 24. _ Vote on Motion to Amend. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOT, OWTQ 4MEN�,D-.�AL3BIED� c) Vote on motion, as amended. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION A AMENDED: CARRIED. B.1. a) Council Member Williams moved to read by title only and set September 20, 2005 as a final public hearing date for proposed Ordinance No. 908 regarding Alley Closing Application No. 77, submitted by Ronnie and Ellain Lawrence, Block 16, South Okeechobee - City Clerk (Exhibit 5); seconded by Page -6- Council Member Chandler. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 908 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 16, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUITCOURTINAND FOR OKEECHOBEE COUNTY, FLORIDA; PRO VIDING FORAN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 908; seconded by Council Member Williams. b) Discussion. Markham, discussed at last meeting. Located in same block with Captain D's restaurant. The north part of the alley is already closed. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C. Presentation of Main Street third quarter report and consideration of proposed agreement - Maureen Burroughs (Exhibit 6). Okeechobee Main Street, Inc., President, Mrs. Maureen Burroughs presented the Council and reviewed the Third Quarter Update. OKMS awarded a $3000.00 grant by Florida Main Street to assist the Design Committee of OKMS in further development of the LPA comprehensive plan. The grant provided for an outside consultant led workshop which con conducted in July 2005, with feedback during that same time period to City and County officials. Created an arts and culture organization focused on the education of our children and bringing cultural events to the community. The committee has established two new programs to be produced in 2006 in conjunction with the schools and the Community Theater. This committee has also submitted a grant in conjunction with Okeechobee County Schools for $10,000 to help support a juried art show in the community. OKMS has developed a facade and beautification program where a property owner may receive monetary assistance in the way of matching funds (a cop of support is outlined in the program). A pilot program was successfully initiated in the downtown areas in May, 2005 whereby a property owner teamed with OKMS and replanted various trees and plants to assist in the beautification of the downtown area. OkMS is working with the city of re-establish the CAR and develop a TIF district for future funding for (defer to information in Exhibit Six). Noted, and not in handout, must keep track of money received and volunteers hours. Received $23,000 in grants to date. Volunteer hours 16,000 @ $5.15. • • Page -7- Asking for consideration of approving a CAR agreement between the City and OKMS - Cook suggest Council consider contract at next meeting, like opportunity to review and discuss it with OKMS/Maureen on by then. Watford, Visionary, resource team information, Oct, beginning. JK great, thank you. D. Consider a request for 20% reduction in parking for the Courthouse Plaza - Loris Asmussen (Exhibit 7). Loris Asmussen, drew up the plans on this, NW 511 Street wide enough for on -street parking. Property to west and east. Markham, are Lots 7,8 developed also? Loris, 4 lots will be developed, 20 stalls on -site and 5 off -site. Brian, TRC recommending approval. Watford, for our procedures, grant 20% tie to on street parking? 20% based on TRC recommendation and that there is plenty of on street parking to use. Address ...... Loris, do you want me to also do the on -street striping? Watford, yes. Brian, with supervision public works director Council Member Watford moved that we grant a 20% reduction parking for courthouse plaza; seconded by Council Member Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. E. Council Member Chandler moved to instruct the City Attorney to draft the appropriate ordinance regarding Newman Rezoning Application No. 04-010-R and present it for First Reading at the September 7, 2005 meeting - City Attorney (Exhibit 8); seconded by Council Member Williams. Cook and Administrator met with the Newmans and Attorney regarding the lawsuit and proposed settlement of all issues. The status (defer to memo in exhibit eight) Watford, why not executive session? Cook, appeal has been addressed, other than court costs, executive session is aimed primarily at costs of litigation. Watford, can also discuss settlement options, options to take, so in executive session would be allowed for this, Cook, yes. Brian, as zoning administrator I was asked to put this back on the agenda as zoning, attorney could address the legal issue. Kirk, time is was taking place wasn't there another applicant? Whidden.. Watford, think when lawsuit involved, need to know what is involved and what are all the options and I don't think they can be addressed out of executive decision, strongly suggest we do that so we know what all our options are. Making a decision on that ordinance not knowing everything. Markham, agree with Watford, hold executive meeting and if we feel best for city to go on with ordinance as we have instructed to do then go on with it, but have chance to Page -8- Kirk, suggest approve to start this and take executive session on the 6tn Watford, what would you do then if you decided not to go, procedurally can we authority by City Council, rely on initial report, don't have to go back to planning board for recommendation. Unless change of ownership. Brian, by litigation how much can you address the rezoning, understand they go hand and hand, but not knowing the exact laws and what can be done, wanting to ask for information? Cook, the primary focus is on costs of litigation, but the rezoning can be discussed. Chandler, memo from attorney, if agree, lawsuit will go away, planning staff and board recommended approve. Council Member Watford moved to amend the original motion to instruct-9ft Staff to take necessa measure to hold an Executive Session, if possible on Tuesday, Sept 6 at 6.00 p.m. to discuss the Newman litigation; seconded by Council Member Markham. Kirk, if we go to this amendment, will also start the other forward. Watford, Right, want to have executive session to see which way to go, then we are ahead of the game by having the rest of the motion to proceed with the ordinance. Vote on motion to amend: VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION TO AMEND: CARRIED. Vote on motion as amended: VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION AS AMENDED: CARRIED. F. Cook, CEB has tried to work with the family to keep this property up, fined, released, extensions. Its now time to bring to a closure. (Need info from Sue on specifics for this location and what the code violations have been) Council Member Watford moved to begin foreclosure proceedings as recommended by the Code Enforcement Board on the Brown property - City Attorney; seconded by Council Member Williams. Markham, where? Dean's court Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. G. Council Member Chandler moved to approve a change order regarding the 2003/2004 FY Roadway Improvement Project - City Administrator (Exhibit 9); seconded by Council Member Williams. Watford,- how did we do this? We bid it, did it go over? Brian, inspection process will be a lot tighter than what has been done in the past. Page -9- Watford,- what did they say it was in? Donnie in the asphalt. Watford, they know how much they need, what happened, happened, Kirk, overages common? Donnie, yes. Brian, Imperative that we have a better inspection processes. Difficult, contractors want to work on Sat & Sun, Its still difficult with quantities. Markham, in the contract right, given percentage, if it costs more does it come up to ? Brian, contract normally based on here is the volume we want you to bid, that way you are comparing apples to apples, then as the contract moves along you are aloud to increase it whatever the statute states. Held to a quantity unit price. Kirk, what he's saying is they used more asphalt than what is in the bid. This change order is kind of after the fact, but I felt it needed to be brought to us. Markham, Do we check their materials on what was used? Brian, That's what we've been doing the last 6 months. Kirk, don't know that we have a choice, no way to bid out other than quantities. Brian, my experience is unit pricing. Kirk, Appreciate your explanation and bringing it to us. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. VIII. MAYOR KIRK ADJOURNED THE CITY COUNCIL MEETING AT 7:25 P.M. • • Page -1- Tape 1 side A CITY OF OKEECHOBEE - August 16, 2005 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk August 16 2005 City Council Regular Meeting 6 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith, Basinger First 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 Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson Present Absent i✓ IV. MINUTES - City Clerk. A. Council Member i�,ltk- moved to dispense with the reading and approve the Summary of Gott cil Action for the August 2, 2005 Regular Meeting; seconded by Council Member Woo _ f 0w VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED ARRIED. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. WARRANT REGISTER - CiYM inistrator. A. Council Member moved to approve the July 2005 Warrant Register in the amounts: General Fund, three hundred eighteen thousand, six hundred forty-six dollars and twenty six cents ($318,646.26); Industrial Development Fund, two hundred fifty-seven thousand, four hundred eighty-one dollars and forty-nine cents ($257,481.49); CDBG Grant, nineteen thousand, one hundred thirty-one dollars and fifteen cents ($19,131.15); Debt Service Fund, ninety-seven dollars and ninety-nine cents ($97.99); seconded by Council Member�- • VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/LPRIED Page -2- VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT - P.M. A.1. a) Council Member moved to read by title only, proposed Ordinance No. 903, regarding Rezoning Petition No. 05-006-R submitted by Haynes and Susan Williams - City Planning Consultant (Exhibit 1); seconded by Council Member �" % � b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIED/CARRIED. c) Attorney Cook read proposed Ordinance No. 903 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROMRESIDENTIAL SINGLE FAMIL Y-ONE (RSF-1) 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':D�44 moved to adopt proposed Ordinance No. 903; seconded by Council Member i,, liLV,-kv b) Public comments and discussion.'/� Clerk Gamiotea reported all fees have been paid. The ordinance was advertised in the Okeechobee News on August 5, 2005. The Planning Board voted unanimously to recommend approval (July 26, 2005 Meeting). Planning Staff denied approval, however, since the Future Land Use Map Application No. 05-009-SSA was approved by the Council at the August 2, 2005 meeting, Staff recommends that the City stays consistent and approval is now recommended. The General Services Department mailed nineteen courtesy notices to the surrounding property owners with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. Planning Staff Report Summary: The subject property is in an area with residential uses. The residential use for this property is compatible with the abutting properties; however, the real estate office does not suit the neighborhood. The proposed zoning of CLT would be consistent with the Commercial FLU designation if approved in a separate application. The proposed zoning, on the other hand, is not consistent with the surrounding land uses. Planning Staff Report Analysis: (A) The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant's request for a Small Scale Land Use Map Amendment to allow a Commercial Land Use Category is inconsistent as it pertains to the intent and use of the Commercial Land Use Category as described in the Comprehensive Plan. The current Single -Family Future Land Use Category and the current RSF-1 Zoning District are both compatible with each other. (B) The current residential use is authorized under the current RSF-1 Zoning District. The commercial use is not. If this request is granted then the situation would be the same but vice versa. Whereas the commercial use would be compatible with the CLT zoning, but the residential use would not be compatible. (C) The proposed zoning to CLT could have an • • Page -3- adverse effect on the public interest. (D) The use is not appropriate for this location. The office space stated as "temporary" on the application but is still not compatible with adjacent land uses and would be detrimental to urbanizing land use patterns. (E) The commercial use could adversely affect property values and be a deterrent to development to adjacent residential areas. (F) If necessary, the proposed change can be suitably buffered from the surrounding uses. (G) The use will not overburden public facilities. (H) The proposed change could increase traffic congestion or otherwise affect public safety. (1) The only restrictions on this property are those set forth by the Comprehensive Plan and The Land Development Code. (J) If granted, the change will constitute a special privilege to the owner by allowing commercial uses in a residential neighborhood. Planning Staff Report Recommendation: Staff recommends denial of the request to allow rezoning from RSF-1 to CLT based on the above data and analysis. 1 �4- �Li-,tt� x `"G%L. C-�J f� �, P 147 c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENI CARRIED • Page -4- B.1. a) Council Member moved to read by title only proposed Ordinance No. 904 regarding Rezoning Petition No. 05-007-R, submitted by William and Catherine Fagan -City Planning Consultant (Exhibit 2); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENT D/CARRIED; c) Attorney Cook read proposed Ordinance No. 904 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member r moved to adopt proposed Ordinance No. 904; seconded by Council MemberELC s b) Public comments and discussion. �� Clerk Gamiotea reported all fees have been paid. The ordinance was advertised in the Okeechobee News on August 5, 2005. The Planning Board voted unanimously to recommend approval (July 26, 2005 Meeting). Planning Staff is recommending approval. The General Services Department mailed nineteen courtesy notices to the surrounding property owners, with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. Planning Staff Report Summary: N/A Planning Staff Report Analysis: (A) Residential multi -family use and RMF Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation of Multi -Family for this property. (B) Multi -Family development is authorized under the RMF Zoning District. (C) Multi -family dwellings will not adversely affect the public interest. (D) Multi -family use and zoning are appropriate for this location. (E) The proposed use and zoning will not be a deterrent to the development of adjacent property. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) Currently the Okeechobee Utility Authority (OUA) has a 12-inch sewer force -main along Northeast 3rd Avenue and along NE 11th Street from NE 3rd Avenue to Highway 441. Any sewer connection would require a lift station. The lift station could be constructed to OUA standards and OUA would own and operate the lift station after construction is complete. The developer could construct a smaller lift station, but the lift station would be considered private and must be maintained by the property owner. The OUA has a 18-inch water main within the alley -way of Block 31. Any extensions to the east must be large enough to provide fire protection through a fire hydrant. (H) Construction standards should solve any potential flooding or drainage problems. (1) The proposed use has not been inordinately burdened by unnecessary restrictions. (J) The subject property is surrounded on two sides by similarly zoned parcels. The proposed change would not grant special privilege to the owner. Planning Staff Report Summary and Conclusions Prior to Certifications: Depending on water and sewer availability, the proposed multi -family development appears to be compatible. Planning Staff Report Landscape Regulations: The proposed use would be required to meet the landscaping and buffer requirements of Section 90-531,532, and 536 — 543. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi -family units. Page -5- v( C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE ".,ARRIED. 0 0 Page -6- C.1. a) Council Member �' moved to read by title only proposed Ordinance No. 906 amending Section 82-61 bevelopment in and Adja ent to a designated wellhead - City Attorney (Exhibit 3); seconded by Council Member b) VOTE KIRK Vote on motion to read by title only. YEA NAY ABSTAIN ABSENT CHANDLE MARKHAI WATFORI WILLIAMc% MOTION: c) Attorney Cook read proposed Ordinance No. 906 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716 LAND DEVELOPMENT REGULATIONS SECTION82-61 THEREOF, TO AMEND THE REQUIREMENTS AND STANDARDS CONCERNING WELLHEAD PROTECTION AREA TO CONFORM TO THE COMPREHENSIVE PLAN; PROVIDING FOR DEVELOPMENT STANDARDS, RESTRICTIONS AND PROHIBITIONS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member( /"=A'-,K moved to adopt proposed Ordinance No. 906; seconded by Council Member�.�i.(_� `� 1 b) Public comments and discussion. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED(CARRIED. • MAYOR KIRK CLOSED THE PUBLIC HEARING AT % , ,-�5 p.M, VIII. NEW BUSINESS. Page -7- A.1. a) Council Member moved to read by title only and set September 20, 2005 as a final public hearing dat6lfor proposed Ordinance No. 907 regarding Alley Closing Application No. 76, submitted by Believer's Fellowship, lock 179, City of Okeechobee - City Clerk (Exhibit 4); seconded by Council Member O ib� b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIED RRIED. c) Attorney Cook read proposed Ordinance No. 907 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 179, OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN EASEMENT THEREON AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member `moved ap rove the first reading of proposed Ordinance No. 907; seconded by Coun ' Member b) Discussion. U 1 _ Tt.,' aq �- Ll / .-2 1� / c) Vote on motion. VOTE YEA NAY �ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS X-ALJ • Page -8- MOTION: DEN / RIED. B.1. a) Council Member I moved to read by title only and set September 20, 2005 as a final public hearing date for proposed Ordinance No. 908 regarding Alley Closing Application No. 77, submitted by Ronnie and Ellain awrenc, , Block 16, South Okeechobee -City Clerk (Exhibit 5); seconded by Council Member - ., . ,, b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENI c) Attorney Cook read proposed Ordinance No. 908 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 16, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THEORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT (NAND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member _ ?` 1_'° J moved toapprove the first reading of proposed Ordinance No. 908; seconded by Council Member b) Discussion. c) Vote on motion. VOTE YEA RkY ABSTAIN ABSENT KIRK CHANDLER I MARKHAM WATFORD V Page -9- L. WILLIAMS 4, MOTION: DENT CARRIED. C. Presentat-io-n-YlVlain Street third quarter report and consideration of proposed agreement - Maureen Burroughs (Exhibit 6). 9 711 03- li ele - JA4 paa - 0 9 Page -10- D. Consider a request for 20% reduction in parking for the Courthouse Plaza - Loris Asmussen (Exhibit 7). al't, IT a- ZO LVI Z ket- 11� 7 -t/—r • Page -11- E. Council Member �� moved to instruct the City Attorney to draft the appropriate ordinance regarding Newman Rezoning Application No. 04-010-R and present it for First Reading at the Sete er 7, 2005 meeting - City Attorney (Exhibit 8); seconded by Council Member Ad Aj� e I �f 'lJ� t % LAC U L` Ej i Cj i/ J ✓/J tb gyp-; j kX Vote on mom VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS �,� MOTION: DENIED ARRIED. Page -12- F. Council Member moved to begin foreclosure proceedings as recommended by the Code Enforcement Boa the Brown property - City Attorney; seconded by Council Member , _ nAlt ILI F Pj kc'u k, t z 1'7 x-e Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE ' CARRIED. • • Page -13- G. Council Member u moved to approve a change order regarding the Roadway Improv� ent Project - City Administrator (Exhibit 9); seconded by Council Member Ofo U r / Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE /CARRIED/) VIII. MAYOR KIRK ADJOURNED THE CITY COUNCIL MEETING AT� p,M, • e ��, � ✓ �" CITY OF OKEECHOBEE AUGUST 16, 2005 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 4 I. CALL TO ORDER - Mayor: August 16, 2005 City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith, Basinger First Baptist; J 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 Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings • Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 2, 2005 Regular Meeting. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. AUGUST 16, 2005 - CITY COUNCIL AGENDA - PAGE 2 OF 4 VI. WARRANT REGISTER - City Administrator. A. Motion to approve the July 2005 Warrant Register. General Fund $318,646.26 Industrial Development Fund $257,481.49 CDBG Grant $ 19,131.15 Debt Service Fund $ 97.99 VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION. A.1. a) Motion to read by title only proposed Ordinance No. 903, regarding Rezoning Petition No. 05-006-R submitted by Haynes and Susan Williams -City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 903 by title only. 2. a) Motion to adopt Ordinance No. 903. b) Public comments and discussion. v' c) Vote on motion. B.1. a) Motion to read by title only proposed Ordinance No. 904 regarding Rezoning Petition No. 05-007-R, submitted by William and Catherine Fagan - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 904 by title only. AUGUST 16, 2005 - CITY COUNCIL AGENDA - PAGE 3 OF4 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED - Mayor. B.2. a) Motion to adopt Ordinance No. 904. b) Public comments and discussion. c) Vote on motion., • C.1. a) Motion to read by title only proposed Ordinance No. 906 amending Section 82-61 Development in and Adjacent to a designated wellhead - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 906 by title only. 2.a) Motion to adopt Ordinance No. 906. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. A.1. a) Motion to read by title only and set September 20, 2005 as a final public hearing date for proposed Ordinance No. 907 regarding Alley Closing Application No. 76, submitted by Believer's Fellowship, Block 179, City of Okeechobee - City Clerk (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 907 by title only. AUGUST 16, 2005 - CITY COUNCIL AGENDA - PAGE 4 OF 4 VIII. NEW BUSINESS CONTINUED. A.2. a) Motion to approve the first reading of proposed Ordinance No. 907. b) Discussion. c) Vote on motion. B.1. a) Motion to read by title only and set September 20, 2005 as a final public hearing date for proposed Ordinance No. 908 regarding Alley Closing Application No. 77, . submitted by Ronnie and Ellain Lawrence, Block 16, South Okeechobee - City Clerk (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 908 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 908. b) Discussion. c) Vote on motion. C. Presentation of Main Street third quarter report and consideration of proposed agreement - Maureen Burroughs (Exhibit 6). D. Consider a request for 20% reduction in parking for the Courthouse Plaza - Loris Asmussen (Exhibit 7). E. Motion to instruct the City Attorney to draft the appropriate ordinance regarding Newman Rezoning Application No. 04-010-R and present it for First Reading at the September 7, 2005 meeting - City Attorney (Exhibit 8). F. Motion to begin foreclosure proceedings as recommended by the Code Enforcement Board on the Brown property - City Attorney. G. Motion to approve a change order regarding the Roadway Improvement Project - City Administrator (Exhibit 9). IX. 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 person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. C • EXHIBIT 1 0116 REG MEETING ORDINANCE NO. 903 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 SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Whereas, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 05-006-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.20 acre(s) from Residential Single Family -One (RSF-1) 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 before 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 Office for the City; that: Section 1. Legal Description The following described land, located in the City of Okeechobee, to -wit: LOT 3, AND THE WEST 10 FEET OF LOT 2, BLOCK 144, 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 Single Family -One (RSF-1) Zoning District to Light Commercial (CLT) Zoning District. Section 3. Conflict All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 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. 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 2"d day of August 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of August, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor MEMORANDUM >1B15A• To: Mayor and Council From: Lane Gamiotea, CIVIC, City Clerk Subject: Ordinance No. 903/Rezoning No. 05-006-R Date: August 12, 2005 This is the final public hearing regarding Ordinance No. 903 to consider approving Rezoning Application No. 05-006-R. The application was submitted by property owners, Haynes E. and Susan Williams. The request is to change the zoning on Lot 3 and the West 10 feet of Lot 2 of Block 144, CITY OF OKEECHOBEE, from Residential Single Family -One (RSF-1) to Light Commercial (CLT). Please refer to Code Book Section 90-252 for a list of permitted uses within a CLT zoning district. • All fee's have been paid. • The ordinance was advertised in the Okeechobee News on August 5, 2005. • The Planning Board voted unanimously to recommend approval (July 26, 2005 Meeting). • Planning Staff denied approval, however, since the Future Land Use Map Application No. 05-009- SSA was approved by the Council at the August 2, 2005 meeting, Staff recommends that the City stays consistent and approval is now recommended. • The General Services Department mailed nineteen courtesy notices to the surrounding property, with no response to date. • The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. City of Okeechobee Date Le I I D _ General Services Department Fee Paid: 55 S.E. 3rd Avenue, Room 101 1st Hearing: ✓I 1 a. LP_ 1 Q Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1686 Notices Mailed: Uniform Land Use Application Petition No. 05-00c Jurisdiction: Pe) I 2nd Hearing: Dal. + $' owner(s): Ha nes E. Williams and Susan Williams ingaddress: 206 N. Parrott Ave., Okeechobee, FL 34972-2931 Foperty plicant(s) if other than owner (state relationship): Same ailing address: Samentact person (state relationship): Same N T Contact person daytime phone(s): 863 610-2390 Fax: 863 763-4268 Property address / directions to property: 408 N.E. 3rd St., Okeechobee, FL 34972 ✓ Indicate current use of property: Temporary real estate office + 2 bedroom apartment Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): 2—story duplex with an office downstairs and a 576 sq ft apartment upstairs Approximate number of acres: 0.20 Is property in a platted subdivision? City of Okeechobee Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: P R 0 No 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: None E Is to this application being granted? No, proposed sale to Patricia Goolsby R a sale subject T Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Y Yes Describe adjoining land uses / improvements to the North: Vacant South: McDonalds East: Residence --West: Existing zoning: RSF-1 Future Land Use classification: Actions Requested: ( Rezone (_) Special Exception (_� Variance Parcel Identification Number: 3-15-37-35-0010-01440-0030 ✓ Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information -included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500. 0 d imprisonment of up to 30 days and may result in the summary denial of this application. Haynes E. Williams June 23, 2005 Sig i a Printed Name Date V Su ors'_ yr Gt1,11f a_t'i"5 Uniform Land Use Application (rev. 1/03) Page I of 2 c--- Current zoning classification: RSF-1 Requested zoning classification: CLT R What is your desired permitted use under the proposed classification: Main use will be a 1st floor E professional office with a 576 sq ft apartment on the second floor. Z U N If granted, will the new zone be contiguous with a like zone? Commercial to the south and E single family to the north, east, and west Is a Special Exception necessary for your intended use? Yes Variance? No Describe the Special Exception sought: S P E C I Provide specific LDR ordinance citation: A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I 0 If business, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 • 0 HAYNES E. WILLIAMS 206 NORTH PARROTT AVENUE OKEECHOBEE, FL 34972 OFFICE: (863) 763 - 8051 - FAX: (863) 763 - 4268 CELL: (863) 610 - 2390 June 23, 2005 City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, FL 34974-2903 Re: Uniform Land Use Application Parcel 3-15-35-37-0010-01440-0030 Lot 3 and the West 10 feet of Lot 2, Block 144, City of Okeechobee To Whom It May Concern: We, the applicants, have owned the subject property since December 26, 2002. Located on the subject property is a two-story duplex with a one-bedroom/one-bath apartment on the first floor and a two-bedroom/one-bath apartment on the second floor. Presently, it is non -conforming Single Family RSF-1. In addition, the downstairs is occupied by a real estate brokerage and the upstairs is rented out as a two-bedroom/one- bath apartment. We, the applicants, have proposed to sell the duplex to Goolsby Realty subject to getting the property rezoned from Residential Single Family (RSF-1) to Light Commercial (CLT). As noted on the application, there are numerous businesses located near the subject property. The intended use of the subject property will be light commercial. The nature of the activities will be consistent with that of a real estate brokerage. We do not anticipate any future development of the subject property. We are submitting this application to rezone the subject property from Single Family Residential (RSF-1) to Light Commercial (CLT). Sincerely, mm/� Susan Williams 1311 Prepared by and return to: JOHN D. CASSELS, JR. Documentary Stamps paid In the amouat of Attorney at Law $ rl9�). Cassels & McCall Gass C Intansdbje Tax paid in the amount P.O. Box 968 400 NW Second Street $ ��- Okeechobee, FL 34973 Sharon Robertson, Clerk of Circuit Court File No.: 664 Okeedicities County R 'da (i� , , , Parcel Identification No. 3-1537-35-0010-01440-0010 By: " D.C. U-�1 (Space Above This Line For Recording Data] ek.- t,- p.ao Warranty Deed ptlD (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 20th day of December, 2002 Between PATRICIA POWELL, a single woman, ward, by MARGARET McCONNELL as Guardian of the property of PATRICIA POWELL whose post office address is 1226 Lake Geneva Drive, Lake Worth, FL 33461 of the County of Palm Beach, State of Florida, grantor*, and HAYNES E. WILLIAMS and SUSAN WILLIAMS, his wife whose post office address is 208 North Parrott Avenue, Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grantee*, Wituesseth 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 1,2,3,10,11,12 OF BLOCK 144, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THIS DEED is executed and delivered pursuant to that certain Order for Sale signed on December 2002, in that certain guardianship proceeding in the Circuit Court of Okeechobee County, Florida, entitled "In re: Guardianship of Patricia Powell", being Case No. 2000-CF-507A in the files of said Court 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 Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: J PATt.`ICIAPOWELL, w_rd, by MARGARET McCONNELL, Guardian of the Property of Patricia Powell FILED FGR :RECORD OKEECHOBEE COUNTY,FL.".. 382611 QzREC,26 State offlorida R.OBERTSON `✓ County of 4 C Ct D C/R CUI T COUIt.T ,,/�b .. ✓ The Margaret Mc instrument was aclmow)ed�Pd before me this oia'day of December. 2002 by Patricia Powe ward, by Margaret McConnell. Guardian of the Property of Patricia Powell, who Kis personalty known or L] has produced as identification. . ✓ (Notary MARYANNEBOaAERT .E_ W GOMMMON i CC 85MI EXPIRES July 19, 2003 ema.a nnr tbrry ru6tc uamnll«. r Notary Printed NaDw My Commission Expires: I n m N. E. 3RD AVE CENTERLINE RBF N890 56' 570 W 60. 04' 1 F) i I Q m fV I C 0 N C . I PAD Mu .I I ti L 0 T 4 0 i 2 STORY = FRAME I L 0 T 3 1 I I I I I I I I I I c o .. (V Rj com I I I I I I ACREAGE- .207 I I I I I I I I 1 S89.49' 18' E 60.05' ( Fl RBS 1 5' A L L E Y L EL A ND D YA L S R. L. S. 2084 304 S. N. 3rd Ave., Okeechobee, Fla. PHOM .... 789-4M FAX.... 7U-2M N896 57' 00' W 90. 09' ( F1 LEGEND RBF - Rebar Found LO RBS - Rebar W/Cap Set m 1PF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument NIT - NAIL AND TAB FOUND ---+RBF [P) - As per the plat of CF) - Field Measurement { [0) - As per the deed CC) - Calculation 1 NOTES. 1. 2. 3. 4. Basis bearing THE NORTH BOUNDARY LINE Bearings per ASSUMED Not valid without the signature and the original raised seat of a Florida licensed surveyor and mapper. Description as per owner STREET ADDRESS. 209 NORTH EAST 3RD AVENUE CERTIFIED TO. HAYNES E. AND SUSAN WILLIAMS L 0 T 2 SURVEY OF. LOT 3, AND THE WEST 10 FEET OF LOT 2. BLOCK 144. OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5. PAGE 5. PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. __ _ _ LELANQ DYALS. RLS 2084 P - 30 LWATICWL- 8 c Nor 10a L- a Al- 144 suer R EPPL DAUM FM HAYNES FNM: l° WILLIAMS�� -CL S • 1375 Jacks(Mtreet, Suite 206 Fort Myers, ? orida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planningna,att.net Staff Report Rezoning Request Owner: Haynes E. and Susan Williams From: Residential Single Family, RSF-I To: Light Commercial, CLT Petition No. 05-006-R Staff Report Rezoning Request Applicant: Haynes and Susan Williams Petition No.: 05-006-R Applicant and Owners: Haynes E. and Susan Williams Applicant Address: 206 N. Parrott Avenue Okeechobee, FL 34972-2931 Applicant Phone Number: 863-610-2390/ Fax: 863-763-4268 Parcel ID Number Existing Proposed 3-15-37-35-0010-01440-0030 Future Land Use Map Classification Single -Family Commercial Zoning District RSF-1 CLT Use of Property Office & Apartment Office & Apartment Acreage 0.20 acres Access N.E. 3rd Location: 408 NE 3rd St. Legal Description: Lot 3, and the West 10 feet of Lot 2, Block 144, Okeechobee, according to the plat thereof recorded in P.B. 5, Pg 5, Public Records of Okeechobee County, FL. Request: The applicant requests that the zoning for the subject property be changed from Residential Single -Family One (RSF-1) to Light Commercial (CLT). The applicant is also requesting a Small Scale Map Amendment from Single -Family to Commercial. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single -Family Zoning District: RSF-1 Existing Land Use: Vacant East: Future Land Use Map Classification: Single -Family Zoning District: RSF-1 Existing Land Use: Single -Family residence South: Future Land Use Map Classification: Multi -Family Zoning District: RMF Existing Land Use: Vacant Staff Report • Applicant: Dines and Susan Williams Rezoning Request Petition No.: 05-006-R West: Future Land Use Map Classification: Single -Family Zoning District: RSF-1 Existing Land Use: Single -Family residence The subject property is in an area with residential uses. The residential use for this property is compatible with the abutting properties; however, the real estate office does not suit the neighborhood. The proposed zoning of CLT would be consistent with the Commercial FLU designation if approved in a separate application. The proposed zoning, on the other hand, is not consistent with the surrounding land uses. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant's request for a Small Scale Land Use Map Amendment to allow a Commercial Land Use Category is inconsistent as it pertains to the intent and use of the Commercial Land Use Category as described in the Comprehensive Plan. The current Single -Family Future Land Use Category and the current RSF-1 Zoning District are both compatible with each other. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The current residential use is authorized under the current RSF-1 Zoning District. The commercial use is not. If this request is granted then the situation would be the same but vice versa. Whereas the commercial use would be compatible with the CLT zoning, but the residential use would not be compatible. 3. The proposed use will not have an adverse effect on the public interest. Yes, the proposed zoning to CLT could have an adverse effect on the public interest. 2 Staff Report Rezoning Request Applicant: Haynes and Susan Williams Petition No.: 05-006-R 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. No, the use is not appropriate for this location. The office space stated as "temporary" on the application but is still not compatible with adjacent land uses and would be detrimental to urbanizing land use patterns. 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. If granted, the commercial use could adversely affect property values and be a deterrent to development to adjacent residential areas. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If necessary, the proposed change can be suitably buffered from the surrounding uses. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the use will not overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Yes, the proposed change could increase traffic congestion or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions on this property are those set forth by the Comprehensive Plan and The Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. If granted, the change will constitute a special privilege to the owner by allowing commercial uses in a residential neighborhood. 3 Staff Report Applicant: Haynes and Susan Williams Rezoning Request Petition No.: 05-006-R Recommendation Staff recommends denial of the request to allow rezoning from RSF-1 to CLT based on the above data and analysis. Submitted by: James G. LaRue, AICP Planning Consultant July 19, 2005 4 26.2005 - Planning Board - Page 2 of 5 IV. NEW BUSINESS. A. Rezoning Petition No. 05-006-R. Consider a recommendation to the City Council to rezone Lot 3 and the West half of Lot 2, Block 144, City of Okeechobee from Residential Single Family - One (RSF-1) to Light Commercial (CLT). The property owners and applicants are Haynes and Susan Williams. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property is in an area with residential uses. The residential use for this property is compatible with the abutting properties; however, the real estate office does not suit the neighborhood. The proposed zoning of CLT would be consistent with the Commercial FLU designation if approved in a separate application. The proposed zoning, on the other hand, is not consistent with the surrounding land uses. Planning Staff Report Analysis: (A) The application is not consistent with the requirements of the City's Comprehensive Plan. The applicant's request for a Small Scale Land Use Map Amendment to allow a Commercial Land Use Category is inconsistent as it pertains to the intent and use of the Commercial Land Use Category as described in the Comprehensive Plan. The current Single -Family Future Land Use Category and the current RSF-1 Zoning District are both compatible with each other. (B) The current residential use is authorized under the current RSF-1 Zoning District. The commercial use is not. If this request is granted then the situation would be the same but vice versa. Whereas the commercial use would be compatible with the CLT zoning, but the residential use would not be compatible. (C) The proposed zoning to CLT could have an adverse effect on the public interest. (D) The use is not appropriate for this location. The office space stated as "temporary" on the application but is still not compatible with adjacent land uses and would be detrimental to urbanizing land use patterns. (E) The commercial use could adversely affect property values and be a deterrent to development to adjacent residential areas. (F) If necessary, the proposed change can be suitably buffered from the surrounding uses. (G) The use will not overburden public facilities. (H) The proposed change could increase traffic congestion or otherwise affect public safety. (I) The only restrictions on this property are those set forth by the Comprehensive Plan and The Land Development Code. (J) If granted, the change will constitute a special privilege to the owner by allowing commercial uses in a residential neighborhood. Planning Staff Report Recommendation: Staff recommends denial of the request to allow rezoning from RSF-1 to CLT based on the above data and analysis. Ms. Morgan explained that since the Land Planning Agency recommended approval for the Comprehensive Plan Future Land Use Map Amendment from Single Family to Commercial, the Light Commercial (CLT) zoning district would be consistent with the Comprehensive Plan. 2005 - Planning Board - Page 3 of 5 • IV. NEW BUSINESS. A. Rezoning Petition No. 05-006-R, continued. B. Rezoning Petition No. 05-007-R. Consider a recommendation to the City Council to rezone Lots 21 and 22, Block 31, City of Okeechobee from Residen- tial Single Family - One (RSF-1) to Residential Multiple Family (RMF). The property owners and applicants are William and Catherine Fagan, represented by Nathan Pippin. There was no public comment, nor any discussion from the Board. Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05- 006-R, changing the zoning from Residential Single Family - One (RSF-1) to Light Commercial (CLT); seconded by Board Member Burroughs. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Haynes Williams, property owner, requested to address the Board. He explained that approxi- mately one year ago the Board approved a rezoning request for one of the properties located near his property. He explained that the Planning Staff recommended approval on that rezoning petition stating that there would be "no adverse affect". Mr. Williams continued by explaining that the Planning Staff stated that the proposed rezoning "would have an adverse affect" on the surrounding area. Mr. Williams explained that he counted thirty-seven (37) businesses and five (5) residences. Mr. Williams thanked the Board for the favorable recommendation to the City Council. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant. briefly described the Staff Report as follows: Planning Staff Report Summary: N/A Planning Staff Report Analysis: (A) Residential multi -family use and RMF Zoning is consisten with the Comprehensive Plan policies and the Future Land Use Map designation of Multi-Famil, for this property. (B) Multi -Family development is authorized under the RMF Zoning District (C) Multi -family dwellings will not adversely affect the public interest. (D) Multi -family use an( • • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisherof the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- t, being/la . in the matter of F�v in the 19th Judicial District of the Circuit Court of Okeechobeeof the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of PUBLIC NOTICE' CONISHIEUMNOFADOPTING ACTTYOROINANCE . PLEASETAKE NOTICE that the d V CbWcN of the City of Okeechobee, Florida Wit on Tuesday, August 16 2005 at 6W. -p,m. or as Soon thereafter poss@le, at City Hal, 55 SE 3rd Ave Okeechohe9;R*Gconduct a PUBLIC the, on and.4 ere- after to.conswer fatal oF" ferowl OCdkraoce irito kvr N0. 903: AN ORDINANCE OF THE not," %FLDRIDA AMENDING THE OFFI- CIAL ZONING MIIP GF'OIIEECHWU.'$Y REZONiNG'A'CERTAIN'TRACT,OF LUD,MOREFARTNAN.ARLY:DC$CWtlFD.HWIN;'PROM RESIDENTIAL SIN- GLE`FAMGY-ONE (IMF-1 `ZONING D�IICT TO L1GHr COMMERCIAL CLTTII ZONING DISTRICT AM�NG THE ZONING MAP,,:A000RDINGLY,'PROVSDING FOR CONFLICTS,16i IABR.R1f AND AN EPPkM DATE The,pd�rppo�se of the ordinance Is to charge the zoning classifications from Residen- tial Single Famly-ft ((RRSF1) to Lig Commercial &C T) by property owners Haynes E. and Susan V✓rlarns, PNlidan No. 05 006 R for pprpperty lobated at q06 Northeast 3rd Street Legal descriptIm Lot 3 and West 10 feet of Lot 2 of Block 1441 City of Okeealiahes Ali mnue ers�t k are encouraged to attend and ate in said hearing. nonce maybe k0pected in i6,entke�y 6yipmembers of the pub• lic in the ONice of the City: Clerk during regular business hours, Mon -Fri, 8am,4:300, e6w filartra0days. PLEASE TAKE NOTICE AND BE ADVISED that If any person desires to "appeal any li decision made.byy the City Cotod with respectto any matter considered at this hexing; sudi'krterested person will need a record of the proceedings, and for such purpose mayneed b mum a verbatim record of the proceedings is made, which record Includes the testirr" and evidence upon which the appeal Is to be based. City Clerk taps are for the sole purpose ofbackup for official records oftlisClerk - '(P Itcordance with the Americans with DLSako,' Act (ADA) and Florida Statutes 286.26; persons with dlsablles neeiNrq speolol acconanoda6on to participate in this ioceedkg shirk coirloct Lane Gondolas no later than two A wok'ng da at 863-763-3372 a215: it hearing or voice impaired, 3448 voice)) or 1-M-447-5620 (T . Lane Gamiatea: 69, ChY CLERK 74K§ ON tyW Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to nd s scri fore me this day of A.D. 20_ Notary blic, State of Florida at Large o"t;Y'="4:i =`= "d'= R. r4n t commiS8i0n #LDD272118 Expl es: Jan 17, 2008 Bonded Th:u " " A±Ina�tic Bonding Co., ln-z • EXHIBIT 2 9116 REG MEETING ORDINANCE NO. 904 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 HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Whereas, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 05-007-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.344 acre(s) from Heavy Commercial (CHV) Zoning District to Residential Multiple Family (RMF) 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 before 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 Office for the City; that: Section 1. Legal Description The following described land, located in the City of Okeechobee, to -wit: LOTS 21 AND 22, OF BLOCK 31, CITY OF 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 Heavy Commercial (CHV) to Residential Multiple Family (RMF) Zoning District. Section 3. Conflict All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 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. 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 2"" day of August 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of August, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor • u MEMORANDUM 'IB16 e' To: Mayor and Council From: Lane Gamiotea, CIVIC, City Clerk Subject: Ordinance No. 904/Rezoning No. 05-007-R Date: August 12, 2005 This is the final public hearing regarding Ordinance No. 904 to consider approving Rezoning Application No. 05-007-R. The application was submitted by Nathan Pippin on behalf of the property owners, William and Catherine Fagan. The request is to change the zoning on Lots 21 and 22 of Block 31, CITY OF OKEECHOBEE, from Heavy Commercial (CHV) to Residential Multiple Family (RMF). Please refer to Code Book Section 90- 192 for a list of permitted uses within a RMF zoning district. • All fee's have been paid. • The ordinance was advertised in the Okeechobee News on August 5, 2005. • The Planning Board voted unanimously to recommend approval (July 26, 2005 Meeting). • Planning Staff is recommending approval. • The General Services Department mailed nineteen courtesy notices to the surrounding property, with no response to date. • The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. Ah r--• V .e City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: llz I 'a..' PethionNo. 05_ '-1 Fee Paid: 500 Jurisdiction: V6 1 '(a 1st Hearing: �� 2nd Hearing: O I a- i- 8 1 I (_p Publication Dates: Notices Mailed: Uniform Land Use Application n ,,...,, . Q..o..;. ! Fvf-g-"finn • Variance ✓ Name of property owner(s): William & Catherine Fagan A IP Owner mailing address: 624 St. Lucie C r e s e n t # 4 0 5 Stuart, FL 34q94 P Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C A Name of contact person (state relationship): Nathan Pippin, Realtor/Broker N T Contact person daytime phone(s): 8 6 3- 7 6 3- 3 5 6 6 Fax: 863-763-8617 ✓ Property address / directions to property.. T B D NE 10 t h Street Indicate current use of property: Vacant/Residential Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): None Approximate number of acres: .34 Is property in a platted subdivision? Yes Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: P No R O 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: No E R Is a sale subject to this application being granted? No T Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Y Yes Describe adjoining land uses / improvements to the North: Res i d e n t i a l / M u l t i f a m i l y/ V a c a n t South: Commercial/Indust -East: Residential/Comm. West: Vacant/Mltfml Existing zoning: R S F Future Land Use classification: Multifamily Actions Requested: x x Rezone Special Exception (___) Variance Parcel Identification Number: 3 -15 - 3 7 - 3 5 - 0 010 - 0 0 310 - 0 210 ✓ Confirmation of Information Accuracy I hereby certify that the informat' in this application is correct. The information included in this application is for use by the City of Okeechobee mi essmg my request. False or misleading information may be punishable by a fine of up to $500 0 an s e f up to 30 ;days and may result in the summary denial of this application. rinted Name Date ion -Sr __- Uniform Land Use Application (rev. 1/03) Page I of 2 Jun 23 05 07:41p PIPPIN PROPERTIES RERLTY 863-"q3-8617 p.3 Current zoning classification: Requestzd zoning classification: R What is your desired permitted use under the proposed classification: E The property owner's intent is to construct a multifamily Z structure on the subject property. Iy If granted, will the new zone be contiguous with a like zone? E Yes Is a Special Exception necessary for your intended use? No Variance? iVo Describe the Special Exception sought: Il S P C Provide specific LDR ordinance citation: I i A L Are there other similar uses in the aria? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I O If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: {� Describe Variance sought: ! V A j R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev. 1ro3) Page 2 of 2 :Vo One Knows The Country like We Do' June 22, 2005 Re: Rezoning Application To: City of Okeechobee From: J. Nathan Pippin Please find attached an application to rezone property in the City of Okeechobee. Attached to this application is a check in the amount of $500.00 to cover any fees associated with the application. If you have any further questions, please feel free to contact me. Submitted, P- xa J..Nathan Pippin Broker/Realtor United Country — Pippin Properties 210 NW Park Street, Suite 202 Okeechobee, Florida 34972 863-763-3566 Office 863-763-8617 Fax June 22, 2005 Re: Statement of Interest To: City of Okeechobee From: William Fagan Currently, my wife and I own the property described as Lot 21 and 22, Block 31, Okeechobee. Submitted William F FILE NUM 2005006777 PREPARED BY AND RETURN TO: OR N K 00558 L PG 0937 T THIS INSTRUMENT SHAROROBERTSONY CLERK OF CIRCUIT COURT Shannon Mulholland OKEECHOBEE COUNTYr FL Elite Title, Inc. RECORDED 04/05/2005 11.43:55 AM 1120 South Parrott Avenue REQEEDRDING FEES 10.00 ED DDC 0.70 Okeechobee, Florida 34974 RECORDED BY G Meubour n Property Appraisers Parcel Identification (Folio) Numbers: 3-15-37-35-0010-00310-0210 Space Above This Line For Recording TMS WARRANTY DEED, made the 1st day of April, 2005 by Dean Weidling, a Single Man, and Carl Weidling, a Single Man, whose post office address is 1237 Second Ave, San Francisco, CA 94122 herein called the grantors, to William Fagan and Catherine Fagan, his wife, whose post office address is 624 St.Lucie Crescent # 405, Stuart, FL 34994, hereinafter called the Grantees: (Wherever used herein the terms grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 00/100'S (S10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: LOTS 21 AND 22, BLOCK 31, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to easements, restrictions and reservations of record and taws for the year 2004 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantors hereby covenant with said grantees that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness #] Signature Carl Weidling f' KEWA k( FF QED Witness # I Printed Name Witness #2 Signature -R I l L, L iN c Witness #2 Printed Name p STATE OF l �%, COUNTY OF r t—, c." 01,� R� • -� serf The foregoing instrument was acknowledged before me this ri day of March, 2005 by Carl Weidling who tts:PIS*r are personally known to me or have produced �e dEl'y-` li _ a et as identification. SEAL t� . Notary Public „y-k L . Mo Fr- cl-4 Printed Notary Name My Commission Expires: f g/ d -s v .i AUTH L. MOFfATT Comm.11318816 N N NOTARY PUBLIC-CAIIfORNIA Cily 3 Coumy of Sm "."u. 9aY Comm. Etpet: Auyusl2S 1005'r File No: 05-2314 FILE NUM 2005006776 OR BK 00558 PG 0936 THIS INSTRUMENT PREPARED BY AND RETURN TO: SHARON ROBERTSONr CLERK OF CIRCUIT COURT Shannon Mulholland OKEECHOBEE COUNTYr FL Elite Title, Inc. RECORDED 04/05/2005 11:43t55 AM RECORDING FEES 10.00 1120 South Parrott Avenue DEED DOC 252.00 Okeechobee, Florida 34974 RECORDED BY G tkeubourn Property Appraisers Parcel Identification (Folio) Numbers: 3-15-37-35-0010-00310-0210 Space Above This Line For Recording THIS WARRANTY DEED, made the 1st day of April, 2005 by Dean Weidling, a Single Man, and Carl Weidling, a Single Man, whose post office address is 1237 Second Ave, San Francisco, CA 94122 herein called the grantors, to William Fagan and Catherine Fagan, his wife, whose post office address is 624 St -Lucie Crescent # 405, Stuart, FL 34994, hereinafter called the Grantees: (Wherever used herein the terms grantor- and "grantee- include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: LOTS 21 AND 22, BLOCK 31, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA' Subject to easements, restrictions and reservations of record and taxes for the year 2004 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantors hereby covenant with said grantees that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. rnr vvtTNP-v.c WHEREOF. the said grantors have signed and sealed these presents the day and year first above written. Signed, sealed ar"e)iivered in the presence of --Witness #1 Signature V/I Witness #1 Printed Name fitness #2 Signature i%Siri 4 'd JN 4f'1-iZ 7' Witness #2 Printed Nja'm�'e% STATE OF 1" ` � �� UNTY OFL 4D..Weidling >7� The foregoing instrument was acknowledged beibre me this3l day of Maqrch, 2005 by Dean Weidling who are personally known to me or have produced b pima -klvc2u� as identification. SEAL Rotavif Public Printed Notary Name My Commission Expires: y 00 Cind i D kWo4T72 M�tClt 14, 2009 son" w,r. sasw»r File No: 05-2314 0 • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a Pam. in the matter of �n• /� n // al in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of TAKE NOTICF that vl. Ott t AOppPTINO IINANCE I of the City of Okeechobee. Flnrrda"wn e ordinance Is to change the zoninn rlacc erM ��T rs of the ublic are encouraged to a osed Ordifiend and parficf pate in said headni nance may be inspected in its errdretyby members of the put e Office of the City Clerk during regular business hours; Mon-,'Fropm, except for holidays. KE-NOTICE AND BF AhmsFn a ur me uerx: reCOn v accordance with the Americans with Disability Act (AOA) and Flodda Stabile 286 26, persona with disabilities n — ---- Affiant further says that the said Okeechobee News . in this proceeding should contact I da s rlor to the proceeding at 863. a newspaper published at Okeechobee, in said Okeechobe ca�IT�DI-BW-222-3448(voice))di County, Florida, and that said newspaper has heretofore bee LaneGamictes,CMC,CITYCLEAK 74946 ON 8/W5 published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn tgrand bstri d before me this day of A.D�20�0. ni R. Brown Notary blic, State of Florida at Large ?s Gc = Coma. #L'D27211 IS :.. Expir,,S: jai 17, 2��J8 A'I�nL • Na One Knows The Country like We DO' June 22, 2005 Re: Multi Family Zonin& Request Fagan/ TBD NE 10 Street To: City of Okeechobee From: J. Nathan Pippin Please let this letter serve as a request for rezoning to Multi Family. The property in question is described as Lot 21 and 22, Block 31, Okeechobee and is located on NE 10'h Street just east of Highway 441 (Parrott Avenue). It is the intent of the property owner, William Fagan, to construct a multifamily structure on the subject site. The size of the building will be directly related to the maximum density allowed by the City of Okeechobee and any related agencies. According to the Okeechobee Utility Authority, there is a waterline approximately 200' feet to the west of the property and a sewer line approximately 200' to the east of the property. If you have any further questions, please feel free to contact me. Submitted, P- 47�� Z�— J. Nathan Pippin Broker/Realtor United Country — Pippin Properties 210 NW Park Street, Suite 202 Okeechobee, Florida 34972 863-763-3566 Office 863-763-8617 Fax Front (Facing Northwest) • 1375 Jacksotreet, Suite 206 Fort Myers, W-da 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planningna,att.net Staff Report Rezoning Request Applicant/Owner: From: To: William and Catherine Fagan CHV RMF Petition No. 05-007-R Staff Report Rezoning Request Applicant: William and Catherine Fagan Petition No. 05-007-R Applicant: William and Catherine Fagan Applicant Address: 624 St. Lucie Cresent #405 Stuart, FL 34994 Applicant Phone Number: 863-763-3566 Future Land Use Map Classification Existin(y Multi -Family Proposed Same Zoning District CHV RMF Use of Property Vacant MF Dwelling Acreage .344 --- Density N/A 10 du/ac Location: NE 101h Legal Description: Lots 21 and 22, Block 31, Okeechobee, according to the Plat thereof, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The applicants request that the Zoning be changed from Heavy Commercial (CHV) to Residential Multi -Family (RMF). Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Single -Family Zoning District: RMF Existing Land Use: Vacant East: Future Land Use Map Classification: Single -Family Zoning District: CHV Existing Land Use: Vacant South: Future Land Use Map Classification: Single -Family Zoning District: IND Existing Land Use: Commercial West: Future Land Use Map Classification: Multi -Family Zoning District: CHV Existing Land Use: Vacant/Multi-family Is Staff Report Rezoning Request Applicant: JIM and Catherine Fagan Petition No. 05-007-R Analysis _I 1. The proposed use is not contrary to Comprehensive Plan requirements. Yes, residential multi -family use and RMF Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation of Multi - Family for this property. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Multi -Family development is authorized under the RMF Zoning District. 3. The proposed use will not have an adverse effect on the public interest. No, multi -family dwellings will not adversely affect 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. Yes, multi -family use and zoning are appropriate for this location. 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. No, the proposed use and zoning will not be a deterrent to the development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Currently the OUA has a 12-inch sewer force -main along NE 3rd Avenue and along NE 1 Ith Street from NE 3rd Avenue to HWY 441. Any sewer connection would require a lift station. The lift station could be constructed to OUA standards and OUA would own and operate the lift station after construction is complete. The developer could construct a smaller lift station, but the lift station would be considered private and must be maintained by the property owner. The OUA has a 18-inch water main within the alley -way of Block 31. Any 2 Staff Report Rezoning Request Applicant: William and Catherine Fagan Petition No. 05-007-R extensions to the east must be large enough to provide fire protection through a fire hydrant. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Construction standards should solve any potential flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The subject property is surrounded on two sides by similarly zoned parcels. The proposed change would not grant special privilege to the owner. Summary and Conclusions Prior to Certification Depending on water and sewer availability, the proposed multi -family development appears to be compatible. Landscape Regulations The proposed use would be required to meet the landscaping and buffer requirements of Section 90-531,532, and 536 — 543. Recommendation Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi -family units. Submitted by: James G. LaRue, AICP Planning Consultant July 18, 2005 July 26. 2005 - Plannine Board - Page 3 of 5 40 IV. NEW BUSINESS. A. Rezoning Petition No. 05-006-R, continued. B. Rezoning Petition No. 05-007-R. Consider a recommendation to the City Council to rezone Lots 21 and 22, Block 31, City of Okeechobee from Residen- tial Single Family - One (RSF-1) to Residential Multiple Family (RMF). The property owners and applicants are William and Catherine Fagan, represented by Nathan Pippin. There was no public comment, nor any discussion from the Board. Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05- 006-R, changing the zoning from Residential Single Family - One (RSF-1) to Light Commercial (CLT); seconded by Board Member Burroughs. VOTE BURROUGHS-YEA HOOVER - YEA K. FELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. Haynes Williams, property owner, requested to address the Board. He explained that approxi- mately one year ago the Board approved a rezoning request for one of the properties located near his property. He explained that the Planning Staff recommended approval on that rezoning petition stating that there would be "no adverse affect". Mr. Williams continued by explaining that the Planning Staff stated that the proposed rezoning "would have an adverse affect" on the surrounding area. Mr. Williams explained that he counted thirty-seven (37) businesses and five (5) residences. Mr. Williams thanked the Board for the favorable recommendation to the City Council. Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: N/A Planning Staff Report Analysis: (A) Residential multi -family use and RMF Zoning is consistent with the Comprehensive Plan policies and the Future Land Use Map designation of Multi -Family for this property. (B) Multi -Family development is authorized under the RMF Zoning District. (C) Multi -family dwellings will not adversely affect the public interest. (D) Multi -family use and 2005 - Plannine Board - 4of5 IV. NEW BUSINESS. B. Rezoning Petition No. 05-007-R, continued. r1 U zoning are appropriate for this location. (E) The proposed use and zoning will not be a deterrent to the development of adjacent property. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) Currently the OUA has a 12-inch sewer force - main along NE 3rd Avenue and along NE 1 lth Street from NE 3rd Avenue to HWY 441. Any sewer connection would require a lift station. The lift station could be constructed to OUA standards and OUA would own and operate the lift station after construction is complete. The developer could construct a smaller lift station, but the lift station would be considered private and must be maintained by the property owner. The OUA has a 18-inch water main within the alley- way of Block 31. Any extensions to the east must be large enough to provide fire protection through a fire hydrant. (H) Construction standards should solve any potential flooding or drainage problems. (I) The proposed use has not been inordinately burdened by unnecessary restrictions. (J) The subject property is surrounded on two sides by similarly zoned parcels. The proposed change would not grant special privilege to the owner. Planning Staff Report Summary and Conclusions Prior to Certifications: Depending on water and sewer availability, the proposed multi -family development appears to be compatible. Planning Staff Report Landscape Regulations: The proposed use would be required to meet the landscaping and buffer requirements of Section 90-531,532, and 536 — 543. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from CHV to RMF permitting the applicant to develop multi -family units. There was no public comment, nor any discussion from the Board. Board Member Hoover motioned to recommend to City Council to approve Rezoning Petition 05- 007-R, changing the zoning from Residential Single Family - One (RSF-1) to Residential Multiple Family (RMF); seconded by Board Member McCoy. July 26, 2005 - Board - Paee 5 of 5 • IV. NEW BUSINESS. B. Rezoning Petition No. 05-007-R, continued. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. V. ADJOURNMENT - Chairperson. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:43 p.m. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. 11 • ATTEST: Katrina Cook, Secretary William Ledferd, Chairperson EXHIBIT 3 Au6usT 16, 2005 ORDINANCE NO. 906 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING ORDINANCE NO. 716 LAND DEVELOPMENT REGULATIONS SECTION 82-61 THEREOF; TO AMEND THE REQUIREMENTS AND STANDARDS CONCERNING WELLHEAD PROTECTION AREA TO CONFORM TO THE COMPREHENSIVE PLAN; PROVIDING FOR DEVELOPMENT STANDARDS, RESTRICTIONS AND PROHIBITIONS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, has adopted a Comprehensive Plan pursuant to Chapter 163, Florida Statutes, which plan is approved by Department of Community Affairs, and which sets out required elements, Goals, Policies and Objectives; and WHEREAS, said plan requires the City to adopt in its Land Development Regulations, code provisions to implement and enforce the various required plan elements, which include wellhead protection provisions to protect groundwater supplies adjacent to existing wellheads; and WHEREAS, existing land development regulations pertaining to wellhead protection are vague and subject to different interpretations as to the type of development that can occur, or be prohibited within the wellhead protection zone; and WHEREAS, the City of Okeechobee desires to adopt a set of regulations to protect groundwater resources, yet which regulates in a clear and concise manner the type of development that may occur within the wellhead protection zone, and it is in the best interests of the City and our citizens to adopt standards that are consistent with existing regulations in effect by the State Department of Environmental Protection; NOW, THEREFORE, it is ordained before the City Council for 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 that Section 82-61 (a) through (d) be repealed and replaced as follows: Section 82-61 Development in and adjacent to a designed wellhead. (a) Development in and adjacent to a designated wellhead is regulated to protect water supplies from potential contamination, and the wellhead protection area is defined as a radius 1000 feet from the wellhead. (b) No development activities shall take place in the zone of exclusion, defined as a radius 300 feet from the wellhead. (c) The following land uses are prohibited in the wellhead protection area: (1) Landfills; (2) Facilities for bulk storage or bulk processing of fuel or chemicals, or use of materials that would not be permitted by the State Department of Environmental Protection's Wellhead Protection Standards, 62-521 F.A.C.; (3) Activities that require storage, use or handling of hazardous materials that would not be permitted by the State Department of Environmental Protection's Wellhead Protection Standards, 62-521 F.A.C.; Page 1 of 2 0 (d) Special restrictions on development allowed within the wellhead protection area are as follows- (1) Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into water aquifers; (2) Any development within the wel lfield protection area shall comply with all local, state and federal codes that require the on -site containment of all hazardous materials not otherwise prohibited by this section. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 2"d day of August, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor ADOPTED after Second and Final Public Hearing this 16" day of August, 2005 ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 July 26, 2005 MEMO zoning board re: wellfield protection You may recall that you recently permitted the amendment to the LDR's regarding the definition of wellfield protection; the original defined an area % mile from the wells as protected, and it was amended to state the protected area is 1000 feet, with the closest 300 feet denying any development whatsoever. The comprehensive plan still requires that the city evaluate and protect development within V2 mile of wells, but the 1000 foot area is the only area that the LDR's mandate certain prohibitions. It has come to light that section 82-61 of the LDR's contains some language that jeopardizes commercial / industrial use within the 1000 foot area, meaning such language could prevent the city from using a large area of the industrial park. Thus, we must consider amending the language of existing LDR's. However, wellfield protection is part of the required comprehensive plan elements we must adhere to with Department of Community Affairs (DCA), so these protections must be addressed in both the comp plan and the LDR's in a manner acceptable to DCA. Therefore, I am requesting that this board recommend to the city the following language in section 82-61: Sec. 82-61. Development in and adjacent to a designated wellhead. (a) Development in and adjacent to a designated wellhead is regulated to protect water supplies from potential contamination, and the wellfield protection area is defined as a radius 1000 feet from the wellhead. (b) No development activities shall take place in the zone of exclusion, defined as a radius 300 feet in diameter from the wellhead. (c) The following land uses are prohibited within the wellfield protection area: (1) Landfill (2) Facilities for bulk storage or processing of fuel or chemicals, or use of materials that would not be permitted by the State Department of Environmental Protection (DEP) within 1000 feet of a wellhead. (3) Activities that require the storage, use, or handling of chemicals, hazardous toxic wastes, medical wastes, sludge, or materials that would not be permitted by the State Department of Environmental Protection (DEP) within 1000 feet of a wellhead. (d) Special restrictions on development allowed within the wellhead protection area are as follows: (1) Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into potable water aquifers. (2) Any development within the wellfield protection area shall comply with all local, state and federal codes to require on -site containment of all substances, fuels, oils, chemic, s, wastes or materials that are permitted within such use by DEP as incidental to a development's principal use, to prevent such substances from entering the groundwater supply. (e) No wells for private use that extract groundwater below the surficial aquifer shall be permitted. John Cook City Attorney 969 P01 JUL 25 '05 15:58 LARUE PLANNING & MANAGEMENT SERVICES, INC. 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 - FAX: 239-334-6384 E-Mail: lame-planning@att.net FAX TRANSMISSION To: Katrina Cook _ Date: 7/25/2005 Fax No. Auto Dial Pages: 2, IncludIng this cover sheet From: 3ames G. LaRue Subject: welifieid protection areas COMMENTS: Our suggestions to the wellfleld protection areas. . 969 P02 JUL 25 '05 15:58 • Sec. 81-61. Development in and adjacent to a designed wellhead. (a) Development in and adjacent to a designated wellhead is regulated to protect water supplies from potential contamination, and the wellfield protection area is defined as a radius 1000 feet firom the wellhead. (b) No development activities shall take place in the zone of exclusion, defined as a radius 300 feet from the wellhead. (c) The following land uses are prohibited in the wellhead protection area: 1) Landfills; 2) Facilities for bulk storage or processing of fuel or chemicals, or use of materials that would not be permitted by the State Department of Environmental Protection's Wellhead Protection Standards, 62-521 1~.A.C.; 3) Activities that require storage, use or handling of hazardous materials that would not be permitted by the State Department of Environmental Protection's Wellhead Protection Standards. 62-521 F.A.C.; (d) Special restrictions on development allowed within the wellhead protection area are as follows: 1) Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into water aquifers; 2) Any development within the wellfield protection area shall comply with all local, state and federal codes to require the on -site containment of all hazardous materials not otherwise prohibited by this section. Julv 26, 2005 - Land Planning Agency - Page 4 of 4 IV. New Business. B. Discuss amending Section 82-61 Land Development Code specifically related to Attorney Cook explained the proposed amendment to Land Development Regulations to the wellhead protection - City Attorney. Agency. Mr. Cook referred to the letter that he prepared to for the Agency, as well as comments suggested by City Plamzing Consultant, Jim LaRue. Attorney Cook explained that our regulations are currently vague, and that the proposed changes are tailored to follow the standards required by the Department of Environmental Protection. Mr. Cook explained to the Agency that the • wellheads are located on the property to the North of the Industrial Park, and that there are no wellheads located within the park. Agency Member McCoy motioned to recommend to the City Council to amend Section 82-61 of the Land Development Code to comply with the information provided by Jim LaRue, City Planning Consultant, and Attorney Cook; seconded by Agency Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOV - YEA WHIDDEN - YEA MOTION CARRIED. V. ADJOURNMENT - Chairperson. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:24 p.m. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson ATTEST: Katrina Cook, Secretary N� r' T-►4 i";;2o( 1 0-,- FLOOD ZONE: "X' UNMAPPED SURVEYOR'S CERTIFJCATE I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD.. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TECHNICAL DS SET FORTH IN CHAPTER 61-G-17-6 BY THE FL❑R +TATUTES, LAND SURVEYORS PURSUANT TO SECTION 472. LOR AND THAT THERE ARE ND ABOVE GROUN RO NTS OTHER THAN SHOWN. / BY, DATES PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427. FRED W. REPASS P.S.M. LEGEND, ■ -FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD $ FENCE -EXISTING CHAINLINK - -EXISTING WOOD FENCE r• -CENTER LINE FFE -FINISH FLOOR ELEVATION PSM -PROFESSIONAL SURVEYOR AND MAPPER R/W -RIGHT-OF-WAY PC -POINT OF CURVE n -DELTA ANGLE L -ARC LENGTH X .0.00 -TYPICAL ELEVATION FIELD WORK COMPLETED, 06/07/05 McINTOSH AND ASSOCIATES SURVEYING & MAPPING 325 SW SOUTH QUICK CIRCLE PORT ST. LUCIE, FLORIDA 34953 (772>878-7568 601ce & fax) CERTIF. OF AUTHORIZATION NO. LB7332 Nov 13 Tkt Si 13th- v td®13th E r' w-- — Tp sil Nw 112 Nw 12th St p No 12th St "11 Th St 0 1 e 11th Sl `•` T St) ___ Nw 10th ! h la 9t St b,1er Q arters;; - 8 h&^ N = m u� LEGAL DESCRIPTION: LOT 21 AND 22, BLOCK 31, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: XXX NE 10TH STREET OKEECHOBEE, FLORIDA SURVEY NOTES: 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP, 3. LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY CORNERS. 6. ELEVATIIINS SHOWN HEREON ARE BASED UPON N.G.V.D. 1929. 7. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. 8. DIMENSIONS PREVAIL OVER SCALE. CERTIFIED TO: BOUNDARY SURVEY PREPARED ON THE ORDER OFF - WILLIAM FAGAN SCALES . DRAWN BY, FILE- NO.: 1'=20' TMW 05-041-05 • • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, beingna y� T la DaX t i� / LIYL.(.f Q in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of PUBLIC NOTICE CONSIDERATION OF ADOPTING A CRY OIIDINANCE PLEASE (AKE, NOTICE that the City Council rile City of Okeechobee, Florida will on 7uestlay, Augustl6, 2005 at6:00 p.rpt or as soon thereafter able; at City Half; 55 SE 3rd.Ave ; Okeechobee, FLcorrduct a.PUBLIC HEARINGGorr and there- after to cansidecfinal'reading ofthe Idowmg Ordinance law: NO.906: AN ORDINANCE.OF THE CRY OP OKEECHOBEE; FLARPOING ORDINANCE N0, 718 LAND DEVELOPMENT;flEfUGITIONSIBE11 O tit-6t: TItEREOF; 70 AMENII THE REQUIREMENTS AND STANOAfOfS., ONCEflNINO WELLHEAD PROTECTION AREA TO CONFOflM;TO IIE,COli1P9EHENSIVE PLAN; PROM)- ING FOR `DEVELOPMENT STANDAROS,'IIESTIIIGTIONS,AND PROHIBITIONS; PROVIDING FOR CONFLICTS ANO`SFVERABILITY PROVNIING FOR AN EFFEC- TIVE DATE. All members of the puolic are encouraged to attend and pargcipafe in said hearing: The prgpdsed Ordinance may be inspected in its eimrety by members of the pub. Iic in the Office oftheCity Clerk during regullif bbsiness hours, Mon -Fri, ' 8am-4:30pm, except for holidays: PLEASE TAKE NOTICE AND BE ADVISED that'rf any person desires,tio,anpeai airy decision made by the City Council with respect'to.any nz6frr oohsldered at:tbis hearing; such interested person will need a recoi of the proceedings and for such purpose may need to ensure a yerbatim,recdjd of the prodeedups is made, which record includes the testimony and evidence upon wfrrch ffie appeal Is to be based. City Clerk taps are for the sole purposeof babkul for official records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Rorkla StatiOes. 286.26 persons with disabilities needingg special'acco(nmoda9oh-to rticipate in this proceeding should contact Lane Gamiotea no later than two (2) wodcing days prlorto the proceeding at 863-763 3372 x215; if h6aring or voice impaired, call TDD I-800-222-3448 (voice) or 1-888-447-5620 Lane Gamiotea, CMC, CITY CLERK 70" 8/5/05 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said paper. Swom to.e nd bscri fore me this S Tr day of A&A A.D. 20 Q_ „ Tj� E�C�!i::irn '. - Yt��i'varl Notary blic, State of Florida at rgeJ irf ISS;O i #DD2721 18 Expires: jan 17, 2008 : k... R or. ,ded'n,ru of r� , Atlantic Pund ne Co., Inc EXHIBIT a 8116 REG MEETING ORDINANCE NO. 907 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 179, OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN EASEMENT THEREON AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 76) from the Believers Fellowship Church, for the closing of a certain alleyway as described in this ordinance to utilize the entire property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for 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 One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: An alley running East to West, between Lots 1, 2, 3 and 10, 11, 12 within Block 179, OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 10 of the public records of Okeechobee County, Florida; together with Section Two. The City reserves unto itself, successors or assigns, a utility or drainage easement along the alley, East to West between Lots 1, 2, 3 and 10, 11, 12 of said Block 179. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Four. This ordinance shall be set for final public hearing the 201h day of September, 2005, and shall take effect immediately upon its adoption. Page 1 of 2 INTRODUCED for first reading and set for final public hearing this 161h day of August, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 201h day of September, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Please type or print: APPLICATION NO rf ClMAELP al ;MAIL!. NG�ADI? E �.ek.n.�uir:!!rwli.,unr.M rrx.. . �Ca!YrA�'s,E�ZIP PFIONE� �� + NOTiOr ,EaaA cued a d c,7fa ao ,. a aeeinvoledsw eYsame nfi'at nano s l a Ifolif`iiit property o. a dies o.. ig thep�`ica i o zed "'i' i of fete lS b c ed. ' L GAL;DESICRlI'�TIO of up rawno r.to.►t�u + u� ld� c oSo cH err aar otrlont -an o f .a .. ,PURPOSiw;�F�CLOS NGas' Note: if property is in two names by the word "and" both slanatures are reaulred (for example: Jim and Jane Doe). SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: � )rjDa D. R� e Print name: T�diu�rs Fe.11awsillP Print Name: The foregoing instrument was acknowledged before me this a �'� 7�)-MS by �7 (dat ) and �� who is pers pally known to me or (applicant) (co -applicant) who produced V'�,-)-us5�-�«-'CQ Identification and f whp-V-Alld- ` NCSfhnYSFAI O � SUSANMF�i0Efl9FiOT j W � CDAIMISSION PAlA10FA 'y—Notary Public, Co: opjbi w °a iWFM (signature (Name of Notary typed, printed or stamped) "AMCC I01M 5 M Oul Cla!M b6d, r--f-i AN 22ndAy -1 February A. D. 19 78. Ly LESTER F. TAN=P.SiZy and BE= TAHMERSLEY. his wife BELIEVERS FELLOWSHIP. 121C., a non-profit Florida corporation 6.6., 300 S.W. fith Ave.. Okeechobae..rla. I.L.'I 11W ...J Ilea nn.lr. f. -I (ft -roadmil." .1 J6 .15l0.00 f6 A firel J.,Jr h., t. and I. A. fu..hip.1-464 "'i Florida- ---r, 4 ""1. 1. Ifie, Ca wry .1 Okeechobee Lots 1. 2 and 3 of Block 179. OKEECII(HIBB, according to the plat thereof recorded in Plat Book 2. page 17. public records of St. Lucia County.. Florida. a copy of amid plat being also redarded-in Plat Book 1. page 10., public records of Okeechobee County. Florida. Subject to reservations, restrictions and comments of record, if any. S%ibject to one certain first mortgage in favorjof the First Federal Savings and Loan of Okeechobee, Fla., dated an or about Septegber 13 1976. and recorded In O.R: Book 188. page 691, of the public records L ? 4; i L 01. of Okeechobee ra.. Fla., in the original Bum of $32.000.430 with an unpaid balance of even data herewith in.the sun of $31.143.40 which - 14�1 the grantee herein assumes and agrees to Pay.: A EDfCR 1%G90 CKEIMMOSEECO .4TY.rL.*.. 115136 1973 FED 23 PM X 10 CLIF BETTS, X1. CURIE of CIRM COURT To liave and to Vold the 'th" "h .11 Q .6vule, A, Mud_ In ..J A A, sa&. &r—t. ?!,k qeatj ..J Let- -61. J tka rfy. -4t6- In I—.- "Pay, I- thr enIr pmreeee. &ffe J W.4 4 oke *.f I — In witnM bilmof, TA, eea [M't pdr 6. inf �..J s-W I&— prq(. III Jr Lester F. Ta or Beth ;Tankeroloye/his wife STATE Or 11.03unA, CIIINTY OF 0— _ I I HEREBY CERTIFY da .. ikie d.y. %dere d. 7 [L-I.d t. 1k, Me. .1m.W and in the r-11 A—MW 0 JAC Hime k ".U. Pt"-Ilf LESTER F. TiNKERSLEY and BEIN TANIMRSLEY, his wife iiMee L .. b. U. I,— a d-Wd. I. W .1. —.4 4, Ietephq kW ffl eaw they .%—Wvd tJ. Me they nmeei she .—. WM.W We, hd sai sfl:,hl . 1 1, the Cmy &M Sesie IA" afeemU 22nd d" of February A. V. 11713 FU" VAIT 00 RONK AT JAMB my aWAVISM tVM ca. 3 tj y? fOnWe R51UctNEM.M.tM1WVnu II 7Uhurw:tr—ftur.1hy: Rich6rd H. Sauls ,JJ/_ Route 4. Box 223. Okeechobee. Fla. 33472. P , R: 211 tv- 5M XUDEXEDi!P-MED DIRECT � IkDMMCT Warranty Deed This Indenture, Male ibis 22nd day ar JAMES FANNIN and NORMA FANNIN. his udje, OR0 4 2 7 PALE I A0,4 2 4 NSI0 7 35 mumerrtary stamp+ rod •a The saxwllt at Clm�tdandble T!a ::r..: ftdnmt of ShIlMn RelIlArtWO, r;hlif{ Ill (.I,t.u4L •...,u+r tlkw dlobea nty, f Oetet - _ June ,1999 A.M . BdlnLen ; urd noon nl OKEECHOBEE %Went Florida , grantars, „d BEIJEVFRS FELLOtVSIIIP. INC., a non.prnf!t Florida COMOM110n, ,,,t„,Ynw,,,, b: p. O. BOX 653, OKEECHOBEE. Florida 34973 ,d d+. C_,ut a OKEECHOBEE sine ur Florida , grantee. Wilnesselh dw,a, RKAN1nAS. hx and M wHa "of 1hr wn er _ - - - - - - - - - - - rMUJARS ------TEN6N01100r$10.00)------------------- a,dMl+n pd a,al,ahuhk n,nhlnMMa+a, QaAHrUali Mlunl ryW f7 UMIrn1a. d„neeeq+t .hnnil hh,r,hf a,ll,,.inl{d.lu„ {nnn4 huptnal and wkl {, dr �1 nRAKMU aW nitAtrnnrs wae+nn ant w4m fim. dw: aUu+.ra dn„d a lW. Mns,e. Irla{.ni h4+{1n Y,e rrM ^t OKEECIJOBEE en,•ar Florida m.b, 3 ( 99 JWi 25 PH 2*��29�� Ro9ERT5ON CLLILA Ui CIRCUIT COURT Iota 10, 11 and 12, Block 119, OKEECHOBEE, according to the plat Lucieocounty ded it, Florida1,tla c py of said plat being also recorded in Plds t Book , Pag icl and Florida. nPlat Book 5, page 5, Public Re - bee Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1999. *THIS DEED 15 BEING RE -RECORDED TO INCLUDE THZ COUNTY AND STATE OF WHICH THE PLAT IS RECORDED. 327371 99 SEP —3 PH 4= 13 ;�� a;, 0!1 aoo�RTsoll and -d-r" 'ONM e{ h,nM aer .. ,d a„td, s ale aaa. nw .n d,mw d■ ww as++�s s.niLLdJGdGFpW& CIjET. C Rl7tT T In Witness Whereat, d,t anMnn fun b.Mva ut duk Moot ,d =Is W{ day a,d� nt tAM- a1 .risen. 61 led ddinae r PC cut ' di di A9b Ono IOHA NA K. J FANNIN • aJ to Bar .—..—..._. ►.U. Addrat in 1 fia Aaa OKEECIItr9Efi. rL SIlri ocall ;. SON N A FANNIN 1Vitnerr as to Both P.O. Addan 3W SW Oth Mum. OKEEClinaM r L IM4 a STATE OF Florida COUNTY OF 01MCHOBEE "A toaiaraa i,raanr . aM Ki>o.r.a„ d babts tw thlt 22nd day a June , • 1999 by JAMES FANNIN and NORMA FANNIN. a,a47oddadrlver'r cansgt:►fete�aa.. tbh Poraar flRnd M , a{mearasmAimtAcratn�x� �� HA fYA"1�J ItrC0lWfgNa EntBlt EXI'm 1gax tie+ OECEIl�L1,JOOe AIIY 12101 .t�yppnntnatwwnKafda tlapLm . d .iti lyWt: "y. ; �lti'f �,�atr+.•,: �' � -Xi -Tgn nc, Pb?dtiy 4-j,- 44� -3n 6< S f a-s-to�_ Authorized Signatu& Typed Name & Title Phone No. Date e7-ed0J"- 61P % (�Il e lO Phone No. Date • C-.,a4 Z e-,j �—d- 6(3.767 9��t S'11•o!- Authorized Signature Typed Name & Phone No. Date Title /Y1e.{ea �i. tt 4/et7—o-f- C&Lee/) mwsT 2e�aa.47 :11 •u1. -- ►� — C uet /rtiwsT^% z vela a,l a r..+c. %u n W A4. m • Gi./e i}/Jn C •tkac pt /n-ci s '74 Authorized Signature . Typed Name & Title Phone No. Date wired Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: =.ME•%� TIfFH CiG�%2tCd/ /-i+F lt�wL [ /nl TAi>_ .45.✓� c�rJGl+C. A•/1=ti &tC f f C.�../6cerif,4f C°o Tu.,�zc a3 7,,3 3 N s -lZ-ou' Authorized Sig ature Typed Name & Title Phone No. Date 9 LJ Page 3 I gk�-- Authorized Signature Date Rd3Lta Wxks Dire:r / DTw ie Four Typed Name & Title gff ,tt orized Signature Date Citv Mrdraw / o Bmmcdw Typed Name & Title rizedSignature Date rYxe QAeE / llEtb a dth Typed Name & Title ADMINISTRATION /e- s- /" Authorized Signature Data Adulr sttatar / Brian Hhitelazl Typed Name & Title APPLICATION APPROVED BY: dU21a&�,Z- f 3 LANE GA ITOEA, CITY CLERK DATE' Rew1wd 4=3-Lt3 /e- s- /" Authorized Signature Data Adulr sttatar / Brian Hhitelazl Typed Name & Title APPLICATION APPROVED BY: dU21a&�,Z- f 3 LANE GA ITOEA, CITY CLERK DATE' Rew1wd 4=3-Lt3 o ' s 181 2(ti St 98 '654331'I _ J 17 1. 9 8 7 J21 4,3 2 1 1 - 4 Te 7. 2 3 4 5 6 7 mw.[ mm F 3 T t 19 6 5 4 3 2 1 5 5 4 6 5 4 3 2 d.J 1 1t 7 91 1t 78910,111 3.- t 6 1 6 54.32 2 6543218'S32.1,• B51432 1.. 4 ; 191 5 3't �a:65432 1 ®54.32 1, 65.3 2 t. s 117 8 91:t11* 7 & 9 111 7 $T 9.. 1t - 7 $ 9 .Q 1 7 `•.. � $ S Quit'. i 5. 3. 2:f e:g 4 3 2 i 6 3 4 3 2 6. 1, 12 s • 0 ORDINANCE NO. 908 EXHIBIT 5 0116 REG MEETING AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 16, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 77) from Ronnie and Ellain Lawrence, property owners, for the closing of a portion of certain alleyway as described in this ordinance to utilize the entire property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for 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 One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: An alley running North to South, between Lots 4, 5, 6 and 10, 11, 12 within Block 16, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 7 of the public records of Okeechobee County, Florida; together with Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 20th day of September, 2005, and shall take effect immediately upon its adoption. Page 1 of 2 INTRODUCED for first reading and set for final public hearing this 161'' day of August, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 20t' day of September, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor 1 CITY OFKEECHOBEE • STREET OR ALLEY CLOSING APPLICATION Jane Doe). SIG TURF OF AP (CANT: Prin name:,f2o,✓,,i, SIGNATURE OF CO -APPLICANT: as..� Print Na ,,E�i int LAule�tC The foregoing instrument was acknowledged before me this a t- 5Obby (date) OnnLt' U)ta-+c_ and 21 c , who is personally known tome or (applicant) (co -applicant) who producedas identification and who did (did not) take oath. MARLENE M. NOW Publk, S!%,A �---��Notary Public, Commission No.My mum. moms(slgnatura)�"" NQ' h (Name of Notary typed, printed or stamped) �/ i Parcel-lu Nwntar: 3-21-37-35-0040-00160-0100 Grantee Ill YIN: Warr' auty ' Deed T1lis I11(iolititt•e, MRde IliN 2.4Nf tiny Ill' June , I ri99 A.[)., B011.eell LOUIS R. pEMICCO, a single mall, of lite cntinay for 9KECCI'K?BF.11--- slate nC Glarlda , grantor, lnd . ' RONNIE• LAWRENCE-rufd ELLAIN LAWRENCE, Trustees of the LA WRL•'NCE-LI VING TRUST rldred July 19,.1996, ' whrnse address is:150 NW 7021u1 Street OKEX-CHOBEE, F1oi•Ida 34972 - - nr live ctwrnty ar OKEECHOBEE, slate nr Florida , grailtee.:. W1tnCSSCt11 ' Urai the ORAN'roit. for and, in coashlcrallun of ilia Sant of - - - - - - - - - - - - - - - - - - - - - ' - --=--------=- - - -- -- TEN &NO1100($10.00)---------- ----------- DLLARS...::.r and other psnrd alai valauble cnnshierallan lit ORAN'17011, in, Imrd toil by GRANTER., lire receipt wietenris hereby nekanrvktlpn d, lots' _ framed, Imlgnincd and add to ilia snhl C.RAN'IT:a wut - GRANTEE'S succemrs and assigns fittcwer, Ibc fnllmvhng described land. _ albnalc tymp nmt tming in fia cnnnty nf. OKEEC14OBEE SLmc nr FI6CIt1a to wtt: Lots 4, 5, 6, 10, 11 and.12, Block 16, SOUTH OKEECHOBEE, accord - inn to the plat thereof recorded in. Plat Book 5., Page 7, Public Records of Okeechobee . County; Florida. ' Subject to restrictions, reservations and easements of record,. if any, and taxes subsequent to 1999. VESTING IN SAID TRUSTEE FULL POWER AND AUTHORITY TO CONVEY, St$LL LEASE, ENCUMBER, MANAGE AND DISPOSE OF THE REAL PROPERTY CITED HEREIN PURSUANT TO 'TRUST AGREEMENT DATED JUL,Y 1.9, 1.996 nrd die gninorr does hereby fully warrant Ilia title ill said Ind, amt will defend Ilia Some agahtsl InwFul clnh¢s of alI persons whmminever. Ill WIt lM W11CX1!6f,- ilia pmntnr lace Ircrennan set hN limui and seal ilia day rind ycnr -first olwve written. - r-T DUIS R. M41CCO P.D. Address 2175 SW 19th Lisle, KCriciii)brG.-FL 3497,1 STATE OF Florida COUNTY OF OKEECHOBEE Tic farcr-ayp Insinmicni tvas nchnnwledpn:d Itafnre me Ihts LOU9: R. DEMICCO, - 2011. ' tiny nr Jrure , .19 99 by wJtu is pcnrrntally ktwu•u lu ilia. - - This Dttcunrcnl Prapata) fly: OKLECI IO1I1M AAbTRACr 1r 1Tl•t.l l . :1NSURANC14114C. OHiI NA K.' JARRELI V Johanna K.JarroG M NAY 3rdl.Sll�v y COMMISSION a OC606381 EXPIRES OTARY 'UOI.1c OKDIlCIIDRRR' I'i DECEMBER 1, 2UOU y Came • Into 6plmv 12101100 110ME0 TtmU TROY FAIN INSURANCE, a1Q ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We own the following property: Lots 1.2,3,7,8,9, and N 1 2 of all South Okeechobee. and with my/our signature below, I/we consent to the closing of the alley and or street described below: , Witness: r !•/1/V-, Witness: Print Name: Print Name: - STATE OF�021bfi COUNTY OFlGah�Lr4-�/AS Sworn to (or affirmed) and subscribed before me thisZ9 day of , 200-1�," by ---n M oDtt6y (Seal) *Noaryigna Print Name:/ Co,," 0 A.00S'S7'93 Personally Known r/ .' o��zaA(- OR Produced Identification Type of Identification Produced .u.`firms•.w�.�`'._:..'`�I.._.3"'5.,. �. a.......a.a..,.... .. ...._ R....asT am KAM= rORM L seas rsolneaa► To cewotatwls °tii�. 257 Pic.- 694 iulS Warmnbj 3D[td mode III. 40"� do, of A. D. 1087 bs PHILIP T. BERGER and .IESSICA S. BERGER. his vife h.•retnsflw aall.d !ha y,mtsr, le BRUMERS TWO DEVELOPERS, INC. a roeVorulfart erlsting under Iha lames of the Stale of Florida , will, Its Pernwneal po,la/+la adsimm, I Post Office Box 433, Sebring, Florida 33870 herelnarler mlied the Grantees w 1Nn. k N $-11e..l�.a..-, --- • 4 �"�.+�.� 1.6" a M1. all.. 7� t�..��f.� -.4 . N Iw...ns, at. a. wm.w. .e ..t,s d .rer,lirl W�LIILJ]CIJI. Thal the Granlw, for and In consideratlon of 16.sum of S 10.00 —aaIhw twluahla rnruld—Mons. recatpl whareal is hasaby acinasplaged, hareby grants, barpalns, r seia, Anne, ra- misas. T.laasa. mnurys and confkmas mile the Grassloe, all that c."n land slluate In Okeechobee County. Motto. vbt Lots 1, 2, 3, 7, 8, and 9. Block 16, 50= OBEECSOBEE, according to the plat thereof recorded in Plat Book 5, Page 7, Publie Records of Okeechobee County, Florida. Subject to restrictions, reservations, covenants, and easements of record. FILED FOR REURO OKEECHOHEE CtfJa7Y.rI.' 157126 M83 SEP 22 PH 3: 01 CLERK if DMIT C0110 Together .-III, all tba lenrmrnt., hrrrdtlamrnts and oppurtanancrs therafe brlanGing ar in any. IWsa appertaining. `- �y To ]but and to Nold, the same in fee llmpt. foresaw. And A. grantor hwaby saaenanfs with 1.td grantee Ihal 16 Glenna? 1. lawfully rdsed of .aid land In fee sinipt.: that tbsr grantor bar good right and lawful aslhority to sell anti penury Matti laidr that the . G,anter heathy fully umrranis-the lift. to mid Innd and WIN defend the Sam. opatnal the lawful,:lalmr of ell parsons whomaoelm: and that.sald land fa free of all encumbrancer, escePI lava accruing subseque ! -1. Daeemba•r 31. 10 62. - - - - o cif 1. r, IV!, �^ ra ut ff C1 F r T u"-2%j rag w. ;p WtIneSS UqWgof, It.. sold grnnlor has hareunsn 1e141,6 Mrhand and real the day and year flnl obosm written. Sian . Meofed a��ln am pm1nce:...-._. _.._ Philip Y. $erggr V.. .Ieasiea S. Berger rrAY'E OF FWRIDA. t COUNTY OF OKEECHOBEE } I HEREBY CERTIFY that as shB dry, helm roc, an affkw dair sethar4Td In the Suti• demseH and In the Count► Aernld to rake acksm.kdpeents, persaadlr appeared PHILIP T. BERM and JESSICA S. BERGER; his wife m rasa I—. to be the Krona dart*id to and oho —ird she (tax tins Insir was Past they arkno.kdgcd before me that the3k.ewlyd she same. "In" WITNESS mV hand and oIfkbl ual In the Countl and Sum WI aloutald this i��.r ° ';}d of SepT MP", A. D. 1983 . Ho" NO=— Stun 01 Fbrida)A1.a MY Cammhsmn F-spl+ns MPr 24� [�5.�� ...• '17ib hannm7U plrprrntl Ay: T(X-IJ w t tl. 9orhr, K.n.yer, Iltiesi.aksa Marvel Company 302 K. W. 3rd SI, Okn.ahobea. FL 3ua as a artas. lady JKW04 to the hswxe al idle Ialenaca. Pdge 2 • Signature 0 Typed Name & Title Phone No. Date Signature NQ UrCTj0� Typed Name & Title Phone No. Date "C, /cud f`alF. W3-7)11 Typed Name & Title Phone No. Date .�/G�errf>v2�Tn 743--195C,�- 7-it-0-1- Typed Name & Title fxees,. -e* Phone No. Date Ar2��4rs Required Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: N/A Authorized Signature Typed Name & Title Phone No. Date Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: July 27, 2005 Re: Alley - Closing application from Ronnie and Ellain Lawrence O-Y�Lk The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley. We are aware of the critical drainage problems on City of Okeechobee especially on SW section of the City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing. It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning any Alleys. �7) aaoa`po�aaooam p�� 9aA91 99pE013m�d' 000:m:�oo�am: o ■ J''aeemmmo�omaa��omi ■ om 414 • • EXHIBIT 6 AUGUST 16, 2005 OKEECHOBEE MAIN STREET INC. / CITY OF OKEECHOBEE / CRA AGREEMENT 2005-2008 THIS AGREEMENT is entered into between OKEECHOBEE MAIN STREET, INC., (hereinafter referred to as "OKMS"), the CITY OF OKEECHOBEE (hereinafter referred to as the "CITY", and THE COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as the "CRA"). WHEREAS, OKMS has demonstrated special expertise in promoting the economic, physical and aesthetic redevelopment and maintenance of the downtown area, and these activities are directly and indirectly related to implementing the Downtown Redevelopment Plan; therefore, for mutual consideration, the parties hereby agree as follows: 1. Term of Agreement The term of this agreement shall be from October 1, 2005, through September 30, 2008. 2. Scope of Services OKMS and its Executive Director shall devote their best professional efforts towards the following: a. Provide staff assistance for the CRA, by assisting with data collection/dissemination, and the organization of CRA, assistance in budget preparation and expenditure of CRA funds, administration of the Fagade Grant Program, and various committee meetings and workshops; assist City Staff and City Council members on projects, meetings and workshops pertaining to downtown redevelopment projects, plus any other projects which are mutually agreed to during the term of this Agreement. b. Maintain an inventory/data base of occupied and vacant properties in the Local Program Area (LPA), to be updated quarterly. Information relating to vacant properties will be reported by address. c. Actively recruit new business development for the LPA and maintain records of contacts and promotion. d. Promote awareness of the downtown community through production and management of promotions including, but not limited to, the Annual Lighting Ceremony and any other special events to be planned in the future by the City. 3. Compensation The CITY agrees to pay OKMS, from its General Fund, a fee of $20,000.00 each year of this contract. a. The CITY agrees to provide in -kind services for road closings for the various events throughout each year of this contract. 4. Reportine OKMS shall deliver a statement of activities to the City, through monthly reports provided to the City Finance Department. These reports shall include detailed information regarding projects undertaken and downtown vacant property status. 5. Indemnification OKMS shall indemnify and hold harmless the CITY from any loss cost of claim of damages, if such loss, cost or claim of damages is caused by the negligence of OKMS or its officers, agents or employees acting within the scope of their employment. This Agreement may be terminated by the City, if OKMS fails to maintain general liability insurance in a minimum amount of $100,000.00 per claimant and $200,000.00 per occurrence. SIGNED BY OKEECHOBEE MAIN STREET, INC., this day of , 2005. SIGNED BY CITY OF OKEECHOBEE, this day of , 2005. Okeechobee Main Street, Inc. City of Okeechobee By: ) ��i. f By: Maureen Burroughs, President James E. Kirk, Mayor Okeechobee Main Street, Inc 0 3rd Quarter Update August 16, 2005 ou 'v�� a Ii� 'V r4'4q~ • What Have We Done? Awarded a $3,000 grant by Florida Main Street to assist the Design Committee of OKMS in turther development of the LPA comprehensive plan. This grant provided for an outside consultant led workshop which was conducted in July 2005, with feedback during that same time period to City and County officials ■ Created an Arts and Culture organization focused on the education of our children and bringing cultural events to the community. The committee has established two new programs to be produced in 2006 in conjunction with the schools and the Community Theater. This committee has also submitted a grant in conjunction with Okeechobee County Schools for $10,000 to help support a juried art show in the community. ■ OKMS has developed a Fagade and Beautification Program where a property owner may receive monetary assistance in the way of matching funds (a cap of support is outlined in the program). A pilot program was successfully initiated in the downtown area in May, 2005 whereby, a property owner teamed with OKMS and replanted various trees and plants to assist in the beautification of the downtown area. Q ■ OKMS is working with the City to re-establish the Cf2A and develop a TjF- district for future funding for renovation projects. ■ OKMS provided a draft corporate landscape ordinance for review by the County in April, 2005. ■ OKMS re -submitted a grant for the renovation of the Old Jail in the amount of $697,000. Grant will be reviewed in September in Tallahassee, whereas representatives of OKMS will be in attendance to demonstrate local support for this grant. ■ Hosted the Florida Main Street Organization Resource Team during June 2005 to review and provide recommendations on the revitalizing the downtown area. We had over 60 local participants during the Resource team visit. The results of the visit are now posted on our website. ■ Upgraded our Fagade and Beautification program to include mural guidelines for the downtown area. ■ Added 10 new members to the Organization 0 Completed fund raiser at Bike Rally which had net receipts of $600.00 • What's Next? Developing project plans for future fund raisers: • Old Fashion Yard Sale at the American Legion Hall • Chili Cook -off in Fall of 2005 • Arts and crafts festival in 2006 Florida Main Street State Conference in November 2005 Florida Main Street Quarterly Meeting in September 2005 Submittal of additional grants to assist with the CRA District as it relates to the TIF and the development p t of a master plan for the area on the south side of the old Co urthouse In process of investigating feasibility of a Historic Preservation Ordinance for both 9 and County Develop a visioning plan with a consultant for the expanded Local Program Area to be completed by September, 2005 7/ 7cN PM aawe196 OkeStreet, Inc. Main StreInc. Cash gas" AO Programs Profit S Loss April through June 2005 A -'ham 06 Ordinary IncorrslExpMw Ineorne 4600 - CorNrhrsad -pp, 4602 - BBQ Owner Pledges 2,237.00 4900 - Pledges 250.00 4640 - Local govemment grants 15,000.00 Total 46M - Contributed support 17,487.00 4800 - L%nn*=Wdp 4661 - Fanny 100.00 4002 - fl1erW 125.00 46" - Medium Business 250.00 46M - Smea Business 1,200.00 Total 4600 • MsmbsrsW 1,675.00 Total Irneorrs 19,162.00 Expense 8900 - BesnANlation Expenses 8803 - Pant Expenses 537.40 Total UM - Besudn radon Expenses 537.40 8000 - BOO CompMMlon Expenses 8l22 - Cush Boss 200.00 nW - Most Expense 1287.02 8n10 - Brand Expense 210.00 8903 - CondNrsnt Expense 52.50 Total 8000 - BBQ Con edtlon Expenses 1,749.52 am - BusYuss expenses SM - Orquatts tonal (corp) expenses 61.47 Total "M - Business expMsas 61.47 am - Mae expenses NU - MMnbersMp dues - orgaMatlon 195.00 $690.Ot1w expenses 50.00 Total SSW - Mae expenses 245.00 8100 - Non -personnel enpersse 8181 - v9eb a kmft Service 49.95 size - Matsrats a suPP1Ms 681.65 8140 - postage, sMppkt% delivery 21.05 a170 - p lath a m pybq 222.09 Total a10e - Non -personnel expense 974.74 am - Occupancy wm- we - Security SyMem Expense 2T44 8210 - Rent, parkkMh otlar occupancy 897.00 O= - UUWA s 443.95 a290 - Teaphons i telecommunications 221.81 Total 92M - Occupancy expene s 1,590.20 7200 - Searles: rented expo ses 7220 - Salaries i wages - other 6,859.98 7260 - Payroll axes 2,078.00 Total 7200 - Selaras i slatsd enpsrses 8,935.98 3M - Travel • nwvd ngs expersas 8320 - Conhrance,eonvention.mse0nq 2,792.10 9310 - Travel 174.00 Total $300 - Travel A meetings expenses 2,988.10 Total Expense 17.090.41 Nat OPoYsry tneorrne 2,101.59 Not Income 2,101.69 • Page 1 or 1 • 08i01/05 MON 18:44 FAX 8634578560 ASMUSSEN ENGINEERING . Exl-aBiT 7 AurvusT 16, 2005 C- IT Y OF OKEECHOBEE (863) 763-3373 E�GI+.P�I��► ITEM REQUEST F0101 Pleau mail or briag compleut A-im to: City of Okeecholbec City Administrator's Cliiicc 55 SE 3" Avenue Okeechobee, 'Rorid.st 34974 NAME: ADDRESS: 4 - =LIIS.�:i>:laL=--6e1L �ni :1�1•v'G FAX (863) 763-161.36 TELEPHONE. �s3 .........._.�r 5 y<:= - FAX: c`3G C.7 MEETING; RA"GUTA F: 1,7 +P.E C IAL i'I 'W U Itl(SHOP O DATE. A,5 SObnJ AS Poems / c 4E- PLEASE $CATF rm: IT 01 YOU MrISH TO HAVE; :PLACMD ON THE CITY COUNCIL AGENDA: O��/C��.i�?i'.�'E:.f�x_='-l�i%.1�„1lli'�_...Of=�%✓fii��RAi�il]G c£ /!/c�,p7"/.,1 �/D� PLEASE SrATi 'WHAT DlJ'A;RTMFNT(S) YOU FU►VE 'WORKED WITH T]lYJS FAR: �� C hl ,�/I C:.� L. _��:� C/r ttv u.� CI'>.�n_,•7'7?a. fi 1C+L�FLt'� _ F14 4 d/=/,7 7 T ; !._-_-_�_� .. �•`� E_Q ThI L� S ! 7'1_ PLLE�AS�EpSrrA�Tl.DE.!jAjl.U.hc*rlOrf BYTICZCITY COLNCEU �/y -f s:�:_! _,�.ctQIG'/ n/G oAJ �,ild.J �� ST. 1..4L PLEASE SUMMAM:U 140itTINENT IIWORMATION CONCFRNMG YOUR, REQUEST AND ATTACH .1 PPL U�AlE,7,l: INX l AvIEI� rS: IF PRESENT'ATION IS TO I E MAXIE, PLEASE STATE HOW MUCH THE YOU ARE REQUESTING. SIGNED BY: 'S 4-„�� ls=,__�. DATE: • • ExHIBIT 8 AususT 16, 2005 MEMORANDU 1915 (W I To: Mayor and City Council Members From: John R. Cook, City Attorney Subject: Newman Lawsuit Re -zoning Request, Block 153 Date: August 9, 2005 I am requesting that the Newman lawsuit be placed on the City Council agenda for August 16, 2005 to consider the following. I, along with the City Administrator, met with the Newman's and their legal counsel today, regarding the lawsuit and proposed settlement of all issues. The status of the suit is that the appeal of the City Council decision is pending before the Appellate Panel for the Nineteenth Judicial Circuit, with no date in sight for resolution. I expect the panel will next set oral argument of counsel in Ft. Pierce, and decide the matter by Thanksgiving. Even if the Newman's lose that state, they are not precluded from filing an independent civil action against the City citing arbitrary denial of their re -zoning request, particularly in light of the fact our land planning expert and the City Zoning Board recommended approval of the request as being consistent with our comprehensive plan. Keeping in mind that our present ordinance prohibits expansion of CBD zoning category, except for the Newman application, unless the Council changes the ordinance, this will be the last CBD application we see. Therefore, I am recommending that the Council reconsider the zoning denial from commercial to CBD for the block containing the Newman property, Indiantown Bank, and the Whidden property, excepting out Lots 1 & 2 for the Brown and Hoover residences. Counsel for the Newman's has agreed to abate the lawsuit while this is being considered, and the Newman's have agreed to dismiss the suit as part of settlement of these issues, if the re -zoning is approved. The City would be released from any monetary obligation to pay the Newman's court costs, although we did agree that they would not bear any expense in any re -advertising of the ordinance. While it is agreed there are pros and cons to each side of this issue, I recommend this approval as being consistent with our comprehensive plan, and a sensible solution to the ongoing land use and parking issues that will continue to plague this block if we do not act. Thank you. RBF N89' 59' 38' E 199. 9' (F) RBF 50.0' (P) 50.0' t P) 50.0' ( P) 50.0' ( P) _ 35' in I I Z LOT LOT LOT LOT .r NOT PART I NOT PA 0 4i dj O m Z 2 ¢o WI Cr x Cr z 35' DRILL HOLE 6 0 I z 5 4 28551.58 SQUARE FEET CHRIS & GAIL NEWMAN IMPROVEMENTS NOT SHOWN OR 251 PG 590 I i � I 200.0' (F) RT :nn n• rr, 15' rP) At Fv 4XZ DAI rc, DRILL HOLE 7111.60 7104.32 7098.33 a ( I SQUARE FEET SQUARE FEET SQUARE FEET Z'CHR I S & GAIL -GE-8 kt ,&►,q•JVhh M I L DRED I I NEWMAN µ— FEREBEE LOT LOT LOT 7 B 9 ( I LOT LOT LOT 10 11 12 21378.46 SQUARE FEET FIRST BANK OF INDIANTOWN IMPROVEMENTS IMPROVEMENTS IMPROVEMENTS IMPROVEMENTS NOT SHOWN NOT NOT OR 438 PG 1656 SHNOT OWN SHOWN SHOWN Q I I OR 236 OR 508 OR 337 PG 1019 PG:1468 PG 263 50. 0' t P) 50.01 (P) 50. 0' t P) 50.01 t P) 'A 50. 0' ( P) 50. 0, IN nw uu io-- n cou. C t rJ CENTERLINE NORTH PARK STREET (S. R. 701 L EL AND D YAL S R. L. S. 2084 304 & M 3rd Ave., Okeechobee, Fla. PMOWE .... 763-4909 FAX .... 769-2600 RBF N89' 59' !8' W CF) RBF 49.96' t F) w DATE I NY I • 1375 Jacksonoeet, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a�att.net Duff me r't ?-r/ From: Commercial Heavy (CHI) To: Commercial Business (CBD) Petition No. 04-010 R Staff Report Applicant: Christopher and Gail Newman Rezoning Request Petition No. 04-010-R General Information Applicant: Christopher and Gail Newman Applicant Address: 207 NE Park Street Okeechobee, Florida 34974 Applicant Phone Number: Contact Person Vicki Aaron 863-467-4768 Future Land Use Classification Existina t-� Commercial Proposed Commercial Zoning District Commercial Heavy (CHV) Central Business (CBD) Use of Property Commercial center Commercial Center Acreage 1.64 1.64 Access Park Street Park Street Location: 200 Block of NE Park Street and NE Second Street Legal Description: Lots 3 through 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5 of the Public Records of Okeechobee, County, Florida The applicant is requesting to rezone approximately 1.64 acres of developed property from the Commercial Heavy Zoning District (CHV)to Central Business Zoning District (CBD). • a North: Future Land Use Map Classification: Commercial Zonin District: Residential Multi -Family Existing Land Use: Funeral Home East: Future Land Use Map Classification: Commercial Zoning District: Commercial Heavy Existing Land Use: Residential South: Future Land Use Map Classification: Public Facilities Zoning District: Public Use Existing Land Use: Commercial 1 Staff Report Applicant: Christopher and Gail Newman Rezoning Request Petition No. 04-010-R West: Future Land Use Map Classification: Commercial Zoning District: Central Business Existing Land Use: Drug store The applicants of the above described property are requesting this rezoning in order to be relieved of some of the parking regulations required in the City's Land Development Code. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking and less strict parking and loading standards (see Parking standards for the CBD Zoning District). The issue to be decided is whether this specific land area officially belongs within a CBD Zoning District. Analysis 1. The proposed zoning is not contrary to Comprehensive Plan requirements. The existing uses have already met the Comprehensive Plan requirements. The applicants are not presently proposing to change any of the existing uses already on the property. A CBD Zoning District is certainly consistent with the Comprehensive Plan as long as the CBD Zoning District characteristics are present at this site. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The applicants' request to rezone the property to the CBD Zoning District is appropriate under the Land Development Regulations. The existing uses are also allowed under this Zoning District and proposed uses would be allowed also. 3. The proposed zoning will not have an adverse effect on the public interest. The applicants' request should not have an adverse effect on the public interest. Traffic impacts will be minimal as long as adequate parking is available when people are conducting business at the commercial center. 4. The zoning 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 CBD Zoning district is appropriate for this location. The current businesses have already been considered compatible with adjacent land uses. These uses are not detrimental to urbanizing land use patterns. Ingress and egress to the subject property will remain the same. To lessen parking for the area, the applicant will still have the burden of showing how street parking or other parking alternatives can lessen the normal off-street parking requirements. 2 Staff Report Applicant: Christopher and Gail Newman Rezoning Request Petition No. 04-010-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. No, the applicants' request will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The existing and proposed uses pose no impacts on the surrounding uses. Staff sees no need to impose buffering requirements upon the applicants as the adjacent property also shares the same CBD Zoning District. 7. The proposed use or Zoning District will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The impact of the proposed district will not create a density pattern that would overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Staff does not anticipate any traffic, flooding, or drainage problems with the proposed zoning district. It still is the burden of the applicant to demonstrate why parking requirements should be lessened for this location. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened by unnecessary restrictions. In fact, the CBD Zoning District will be granting more flexibility to the applicants. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No special privileges will be granted to the applicants that are not already allowed under the Land Development Code's regulations. The subject property is designated Commercial on the adopted City of Okeechobee Future Land Use Map and the applicants' request is consistent with the Future Land Use designation. 3 • Staff Report Applicant: Christopher and Gail Newman Rezoning Request Petition No. 04-010-R Recommendation Based on the above Rezoning criteria being met, the request to rezone the parcel from CHV to CBD is recommended to be approved as it is consistent with the Comprehensive Plan and Land Development Regulations. Submitted by: James G. LaRue, AICP Planning Consultant November 11, 2004 4 EXHIBIT 9 AUGUST 16, 2005 City of Okeechobee Change Order 2003/2004 Roadway Improvement Project Change Order No. 1 Date: August 10, 2005 Contractor: APAC Southeast Owner: City of Okeechobee Agreement Date: April 6, 2004 Change order requested by: APAC Southeast and City of Okeechobee The following changes are made to the contract documents: Contract amount and contract time: Original contract amount Current contract amount adjusted by previous change order Net increase of contract amount resulting from this change order Current contract amount including this change order Original contract time Current contract time adjusted by previous change order Net (increase) (decrease) resulting from this change order Current contract completion date including this change order Change Order No. 1 Page 1 of 2 $ 137,888.40 N/A $ 20,199.44 $ 158,087.84 90 calender days N/A N/A Project complete - waiting on Final Payment • • Changes ordered: I. General: This change order is necessary to cover changes in the work to be performed underthe contract. General conditions, supplementary conditions, specifications, and all parts of the project manual listed in article 1, definitions, of the general conditions, apply to and govern all work under this change order. If. Required changes: Increase contract amount by $ 20,199.44 III. Justification: Quantities were higher upon completion of the project than what was outlined in the bid documents. IV. Payment: Total amount paid to date is $ 137,888.40 V. Approval and change authorization: Acknowledgments: the aforementioned change, and work effected thereby, is subject to all provisions of the original contract not specifically changed by this change order; and it is expressly understood and agreed that the approval of the change order shall have no effect on the original contract other than matters expressly provided herein. Recommended by: City Engineer Signatui City Administrator Signatui Accepted by: APAC-Southeast Signature: Approved by: City of Okeechobee Attest: / 0✓ Date: Y/6 Date: -!W Date: By: James Kirk, Mayor Lane Gamiotea, CMC, City Clerk Seal: Change Order No.1 Page 2 of 2 AGENDA 9, 2005 - CEB Regular Meeting - Page 3 of 4 CODE BOARD ACTION 05-114 Anton & Mary Jensen 1002 SE 8" Drive 40 04-025 Joe & Johnny Brown 803 NW 121 Street 04-026 Gloria & Mary Brown 800 Blk NW 12"' Street Ch 30 Sec 30-40 Junk and Sec 30-44 General Cleaning (continued) Ch 30 Sec 30-43 Public nuisances Ch 30 Sec 30-44 General cleaning and beautification Worley - Yes Gamiotea - Yes Castorina - Yes Irby - Yes Montesi - Yes Hancock - Yes Motion Carried Code Officer Sterling stated that Johnny Mae Brown had been notified of the existing ten dollar per day fine which began on April 1, 2005 and she had cleaned some of her other property but this property had not been cleaned. Member Montesi moved to recommend City Council would begin foreclosure proceedings on Case #04-025; seconded by Member Gamiotea. Worley - Yes Gamiotea - Yes Castorina - Yes Irby - Yes Montesi - Yes Hancock - Yes Motion Carried Code Officer stated Case # 04-026 had an existing fine of ten dollars per day which began on December 15, 2004. Member Montesi moved to recommend City Council would begin foreclosure proceedings on Case #04-026; seconded by Member Gamiotea. Worley - Yes Gamiotea - Yes Castorina - Yes Irby - Yes Montesi - Yes Hancock - Yes Motion Carried