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2004-07-20 Regular MeetingK] NA I. CALL TO ORDER - Mayor. July 20, 2004, Regular City Council Meeting, 6:00 p.m. Invocation by Pastor Shawn Hill, Basinger Church of God; Pledge of Allegiance led by Mayor. I III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clark. Mayor James E. IGrk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Secretary Kim Barnes IV. MINUTES - Cky Clerk. toll I Y Vh UKt ';Chubrr- DULY 20, 2004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 of 14 Mayor Kirk called the July 20, 2004 Regular City Council Meeting to order at 6:00 p.m. In the absence of Pastor Hill, the invocation was offered by Pastor Dwayne Eatmon of Treasure Island Baptist; Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Action for the July 6, Action for the July 6, 2004 Regular Meeting. 2004 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE -- KIRc - YEA CKuuAKM-YEA MARKNAX-YEA WAS -YEA WILL Ms -YEA MOTION CARRIED. 1 I AGENDA V. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2004 Warrant Register. General Fund ....................... $388,535.83 Debt Service Fund ...................... 99,682.48 Industrial Development Fund .............. 49,222.00 CDBG Grant Fund ...................... 18,422.06 Public Facility Improvement Fund ........... 2,500.00 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. DULY 20, 2004 - REGULAR MEETING - PAGE 2 OF 14 COUNCIL ACTION - DISCUSSION - VOTE .:. Council Member Watford moved to approve the June 2004 Warrant Register in the amounts: General Fund, three hundred eighty-eight thousand, five hundred thirty-five dollars and eighty-three cents ($388,535.83); Debt Service Fund, ninety-nine thousand, six hundred eighty-two dollars and forty-eight cents ($99,682.48); Industrial Development Fund, forty-nine thousand, two hundred twenty-two dollars and zero cents ($49,222.00); Community Development Block Grant Fund, eighteen thousand, four hundred twenty-two dollars and six cents ($18,422.06); Public Facility Improvement Fund, two thousand five hundred, dollars and zero cents ($2,500.00); seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Items were added. "G." Consider a temporary street closing application. "H." Hear a budget request from Okeechobee Main Street. "I." Discuss an offer from Robert Meyers regarding the City Commerce Center. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:07 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 862 regarding Council Member Watford moved to read by title only proposed Ordinance No. 862 regarding Street Closing Application Street Closing Application No. 72, Southeast 2nd Street - City No. 72, Southeast 2"d Street; seconded by Council Member Markham. Attorney (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 35 36 r AGENDA: VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 862 by title only 2. a) Motion to adopt proposed Ordinance No. 862. b) Public comments and discussion. c) Vote on motion. B.1. a) Motion to read by title only proposed Ordinance No. 863 regarding early voting - City Attorney (Exhibit 2). .IDLY 20, 2004 - REGULAR MEETING - PAGE 3 OF 14 w: a COUNCIL'ACTION - DISCUSSION Attorney Cook read proposed Ordinance No. 862 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE SOUTH 30 FEET OF SOUTHEAST 2ND STREET AND THAT UNPLATTED PARCEL AS DESCRIBED HEREIN, BETWEEN 5TH AND 6TH AVENUE CITY OF OKEECHOBEE; AS RECORDED IN PLAT BOOK 2, PAGE 4A, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION, 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." Clerk Gamiotea advised that the representatives of the applicant, Mr. Chris Close and Vicki Aaron requested the adoption be tabled until August 3, 2004. They received the appropriate maps from the Department of Transportation indicating that Lot N has been deeded to the City for right-of-way purposes. However, this map needs to be recorded in Okeechobee County public records. An original Mylar will need to be sent from DOT for recording purposes. Tabling this matter until August 3 will give them the time to obtain the Mylar and have it recorded. Council Member Markham moved to table the adoation of Drooused Ordinance No. 862 until Auqust 3, 2004: seconded by Council Member Chandler. VOTE ON MOTION TO TABLE KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only proposed Ordinance No. 863 regarding early voting; seconded by Council Member Markham. = AGENDA VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. b) Vote on motion to read by title only. c) Attorney Cook read proposed Ordinance No. 863 by title only. 2. a) Motion to adopt Ordinance No. 863. b) Public comments and discussion. c) Vote on motion. C.1. a) Motion to read by title only proposed Ordinance 864 regarding Rezoning Application No. 04-005-R submitted by Carol Johns, Lots 11 and 12 of Block 34, First Addition to South Okeechobee - City Planning Consultant (Exhibit 3). .IDLY 20, 2004 -REGULAR MEETING -PAGE 4 OF 14 37 COUNCIL ACTION - DISCUSSION NOTE ; VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 863 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA EXEMPTING ITSELF FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES, SPECIFICALLY RELATED TO EARLY VOTING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt Ordinance No. 863; seconded by Council Member Chandler. Mayor Kirk asked whether there were any comments or questions from the public. There were none. There was a brief discussion between the Council and Clerk Gamiotea. This ordinance assigns early voting to the County Supervisor of Elections. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Chandler moved to read by title only proposed Ordinance 864 regarding Rezoning Application No. 04-005-R submitted by Carol Johns, Lots 11 and 12 of Block 34, First Addition to South Okeechobee; seconded by Council Member Williams. 33 JuLY 20, 2004 - REGULAR MEETING - PAGE 5 OF 14 AGENDA VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. b) Vote on motion to read by title only. c) Attorney Cook read proposed Ordinance No. 864 by title only 2. a) Motion to adopt Ordinance No. 864. b) Public discussion and comments. COUNCIL ACTION .-DISCUSSION :=VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 864 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN DISTRICT OFLANDMOREPARTICULARLYDESCR/BEDHEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSI-1) ZONING DISTRICT TO HEAVYCOMMERCIAL (CHID ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Council Member Markham moved to adopt Ordinance No. 864; seconded by Council Member Williams. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Summary of Application: Victor and Carol Johns, owners of ProMed Walk -In Clinic, are requesting to rezone the property located at 1703 Southwest 2nd Avenue from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV). There was a brief discussion between Council Members. Clerk Gamiotea reported in Exhibit Three that all fee's have been paid. All the appropriate advertisements were published. Twenty-nine courtesy notices were mail to surrounding property owners and the property was posted with a Public Notice sign. To date, no one has responded to the notices. Planning Staff recommends approval of the request to allow rezoning from Residential Single Family - One to Heavy Commercial. Development standards for a specific use will be imposed at the time a site plan is received. The Planning Board discussed the application at their June 22, 2004 meeting and voted unanimously to recommend approval. Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. This property is designated Commercial on the Future Land Use Map and this rezoning will bring the zoning into consistency with the Future Land Use Map. The report specifically noted Objective 1, Policy 1.4, Policy 2.1 (c), Objective 10, and Policy 10.1 of the Future Land Use Element. (2) The proposed use being applied for is specifically JULY 20, 2004. REGULAR MEETING - PAGE 6 OF 14 39 1 AGENDA VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public discussion and comments continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Vill. NEW BUSINESS. A. Discussion update on the Industrial Park - Gene Schriner COUNCIL ACTION = DISCUSSION- VOTE- authorized under the zoning district in the Land Development Regulations. The applicant wishes to develop this property as a medical clinic which is specifically authorized in the Heavy Commercial zoning district under Section 90- 282 (1). (3) The proposed use will not have an adverse effect on the public interest. Currently, the property has a single family residence upon it and the proposed use is what the City has projected for this parcel. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Commercial zoning is appropriate and the subject property is located at the comer of Southwest 21 Avenue and 181h Street. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (6) The proposed use can be suitably buffered and will have to meet City Code requirements for site design, landscape, buffering and parking at the site plan review process. (7) The proposed use should not impact density patterns nor public facilities and services. The proposed use will be located in a district designed to accommodate such uses. This close proximity Southwest 2nd Avenue should eliminate any traffic congestion. (8) The proposed use will not create any inordinate flooding; would not impact public safety and the moderately low intensity of the proposed use should not create any traffic congestion. (9) The proposed use has not been inordinately burdened by unnecessary restrictions and should be able to develop within the existing City Code requirements. (10) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:13 P.M. Mr. Gene Schriner of Craig A. Smith and Associates, addressed the Council as the project engineer for the City's Commerce Center. Mr. Schriner reported that the final item of the project, the rail spur was currently being advertised for bid. It is scheduled to be awarded at the August 17, 2004 meeting. Once that item is awarded, he will be able to present the Council with a precise time line and budget layout. wo JULY 20, 2004 - REGULAR MEETING - PAGE 7 OF 14 AGENDA Vill. NEW BUSINESS CONTINUED. A. Discussion update on the Industrial Park continued. B. Consider proposed roll back rate, millage rate and budget workshop dates - City Administrator. C. Approve proposal from Okeechobee Utility Authority to purchase Lot 1, Block K in Central Park - L.C. Fortner (Exhibit 4). COUNCIL ACTION -DISCUSSION -VOTE' Mr. Schriner responded to the Council's questions and also noted that the project is on schedule. Time and money is tight, but this is still a very good project for the City. It has had its share of problems, but the City has been able to work through all the situations and the citizens should applaud the Council for their efforts. Ranger Construction is the main contractor on the project. They are doing a good job. The bridge contractor, Drawdy Construction has also begun their work. As soon as the permit is issued, the bridge construction will begin. There have been some delays with the permit, however, South Florida Water Management District has been working with staff and the permit should be issued very soon. The lift station contractor, Crews Construction has ordered their material and will begin their work. Mayor and Council thanked Mr. Schriner for his report on the progress of the project. Administrator Veach advised the Council that staff would normally be presenting the Council with the roll -back rate and a request to advertise the millage rate. However, due to the Property Appraiser's Office request for an extension to certify the tax roll, this cannot be done at this time. However, staff is requesting that Council set the budget workshops and if need be, the Council can work from preliminary revenue amounts, in order to get the budget process moving forward. Staff is requesting that the Mayor meet with Department Heads on Wednesday, August 4, 2004. The consensus of the Council was to schedule the first budget workshop on Wednesday. August 11, 2004 at 5:00 p.m. and a second workshop, if needed. on Tuesday. Auaust 17.2004 at 5:00 mm. before the reaular City Council meeting,. Following a brief discussion, Council Member Watford made a motion to accept the Okeechobee Utility Authority's offer of twenty-nine thousand, five hundred dollars ($29,500.00) to purchase Lot 1of Block K, Central Park Subdivision; seconded by Council Member Williams. Discussion ensued, Council Member Watford then made a motion to amend the original motion to accept the Okeechobee Utility Authority's offer of twenty-nine thousand. five hundred dollars 329,500.001 to purchase Lot 1 of Block K. Central Park Subdivision, to include that all closing costs are to be paid by purchaser; seconded by Council Member Williams. AGENDA VIII. NEW BUSINESS CONTINUED. C. Approve proposal from Okeechobee Utility Authority to purchase Lot 1, Block K in Central Park continued. D. Consider a request for an on -site parking reduction for a new office building on NW 3`d Street - Devin and Elizabeth Maxwell (Exhibit 5). .IuLY 20, 2004 - REGULAR MEETING - PAGE 8 OF 14 COUNCIL ACTION -DISCUSSION -VOTE VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. Mr. Devin Maxwell appeared before the Council requesting that they waive the on -site parking requirements for his newly remodeled building located at 405 Northwest 3rd Street. The building was a home that was built in 1935. He and his wife have been remodeling the residence to convert it into their law office. The site is within one block of the court house. The structure was built on a lot that is 50 feet by 150 feet. In order to meet existing requirements for set backs, the only location for the off-street parking is in the back, which would require cutting down a 60-year-old oak tree. The area is of historical value and they have tried to remodel the building to its original appearance. LBFH engineering firm is located to the West. They have agreed to enter into a parking agreement to allow Mr. Maxwell's clients use of their paved parking lot. There are also ten on -street parking spots available along the front. The Technical Review Committee recommended that Mr. Maxwell request the reduction after reviewing his site plan. Attorney Cook advised that Mr. Maxwell has presented viable reasons for the Council to waive the off-street parking requirements. The Land Development Regulations allow forthis type of waiver and the Council has approved a similar situation in the past. Council Member Markham noted that he went to the site and agreed with the information that was presented. Discussion ensued. 41 42 JuLY 20, 2004 - REGULAR MEETING - PAGE 9 OF 14 ''AGENDA Vill. NEW BUSINESS CONTINUED. D. Consider a request for an on -site parking reduction for a new office building on NW 3'ti Street continued. E. Consider a request for a parking reduction for the addition to an existing office building on the corner of NW 2"d Street and NW 51n Avenue - Mark Troendle. COUNCIL ACTION -DISCUSSION-= VOTE:-.w i 5.., Council Member Watford made a motion. based on the sDecial conditions of this site. that the Citv grant the reauest to eliminate the requirement for on -site (off-street) Darkinq with provisions to provide the City a coDy Of the annual shared Darkina aareement with LBFH; seconded by Council Member Markham. Council also noted that Mr. Maxwell should keep a record of how much LBFH parking is used by his clients for the first 12 months his business is in operation, and to submit that as a parking study should an annual parking agreement not be renewed with LBFH. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mr. Mark Troendle appeared before the Council. He apologized for not being more prepared, but he was under the impression that the Council had all the necessary information to go with the agenda and that his engineer, Mr. Jeff Kennedy was going to be present to make this presentation. Mr. Troendle owns a commercial building at the comer of Northwest 2nd Street and 51' Avenue. He is proposing to build another building to the north, exactly the same and have a "courtyard" theme with parking between the two buildings. Based on requirements, the project needs to reduce parking by one space in order to keep the buildings the same size. He presented his site plan to the Technical Review Committee and they are recommending the Council approve the reduction. Attorney Cook advised that he did not remember Mr. Troendle's project going before the TRC. However, Administrator Veach did. Following a brief discussion, Council Member Watford moved to approve a 20 Dercent Darkina reduction for this site. pending a confirmation that it is the recommendation of the TRC; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. - AGENDA VIII. NEW BUSINESS CONTINUED. F. Discussion related to the recommendations from the Code Enforcement Board regarding Marvin Brantley issues and a fine reduction pertaining to the property of Raleigh Parsons. .IuLY 20, 2004 - REGULAR MEETING - PAGE 10 OF 14 43 COUNCIL ACTIONI- DISCUSSION =.VOTE., City Code Enforcement Board Case No. 03-096 (Violation of Section 30-44 General Cleaning and Beautification) Raliegh Parsons. The Code Enforcement Board is making a recommendation that the fine of approximately two thousand, two hundred dollars ($2,200.00) should be reduced to one hundred ten dollars and fifty cents ($110.50) to cover administrative costs and filing fees. Mr. Parsons came before the Board and requested a reduction of his fine. Due to illness and death in his family, he had been unable to take care of cleaning the property. It is now clean and he has contracted with someone locally to keep it clean. Following a brief discussion, Council Member Watford moved accept the Code Enforcement Boards. recommendation and lower the fine for Case No. 03-096 from two thousand. two hundred dollars 32.200.00) to one hundred ten dollars and fifty cents ($110.50): seconded by Council Member Markham. This code violation was located at the 800 block of Northwest 12' Street. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Marvin Brantley's boat violations: Case No. 04-015 and No. 04-016 Violation of Section 30-38 boat docked in Taylor Creeks without consent of the landowner) the City Code Enforcement Board is making a recommendation that a civil judgment be filed for the amount of accrued fines, and court costs. One boat was removed May 13, 2004, the other June 14, 2004. Council MemberWatford moved that we accept the Code Enforcement Boards recommendation. to file a civil iudgement regardina Case No. 04-015 and 04-016: seconded by Council Member Williams. There was a brief discussion regarding this motion. Council questioned whether anyone knew what the amount this judgement would be? Code Enforcement Officer, Sammy Hancock responded it would be approximately ten thousand dollars for all three boats. The Council had previously approved filing civil judgement on the other boat. Council Member Watford also asked whether Mr. Brantley had appeared before the Code Board and asked for a reduction. Attorney Cook advised, that no, he had not. 44 DULY 20, 2004 -REGULAR MEETING -PAGE 11 OF 14 AGENDA COUNCIL ACTION 'DISCUSSION -,VOTE Vill. NEW BUSINESS CONTINUED. F. Discussion related to the recommendations from the Code VOTE Enforcement Board regarding Marvin Brantley issues and a fine KIRK -YEA reduction pertaining to the property of Raleigh Parsons continued. CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. The City Code Enforcement Board is making a recommendation to the Council to file foreclosure proceedings in order to enforce liens on Marvin Brantley's Case No. 04-017 (Violation of Section 30-40(2) Unobstructed Emergency Vehicle Access Lanes); No. 04-018 (Violation of Section 30-43 Public Nuisances - Excessive Growth of Vegetation); No. 04- 019 (Violation of Section 30-40(1) Junk Shall be Obscured by an Opaque Fence) and No. 04-020 (Violation of Section 30-40 (1) Junk - Setback Requirement), for property located at 1811 South Parrott Avenue. There was a lengthy discussion between the Council and Attorney Cook. Mr. Brantley has made no attempt to keep his business from being in violation of City Codes. The Code Enforcement Board and City Council have tried to work with him. The Council noted the City has no choice, neither board wants to file the foreclosure proceedings, but there is no sign of any spirit of cooperation from Mr. Brantley, "he has forced us to do this." Council Member Chandler moved to accept the recommendation from the Code Enforcement Board regarding Case No. 04-017. 04-018. 04-019 and 04-020, Marvin Brantley to file foreclosure aroceedings on property located at 1811 South Parrott Avenue; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 1 Ik AGENDA ; VIII. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: G. Motion to approve a Temporary Street submitted by B&B Site Development (Exhibit 6). ITEM ADDED TO AGENDA: H. Consider a budget request from Okeechobee Main Street - Maureen Burroughs (Exhibit 7). JULY 20, 2004 - REGULAR MEETING - PAGE 12 OF 14 -COUNCIL ACTION, -DISCUSSION=VOTE, Council Member Watford moved to approve a temporary street and sidewalk closing for Northwest 3`d and 4" Avenues from 2nd to 40 Streets for approximately four weeks, submitted by B&B Site Development for the installation of wastewater lines at the new Judicial Complex; seconded by Council Member Williams. There was a brief discussion on this item. In relation to this subject, Council Member Watford questioned why only the center portion of streets were paved in the area and not the entire street? Public Works Director Robertson responded that was the only "bad" area of the streets. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mrs. Maureen Burroughs, President of Okeechobee Main Street (OMS) addressed the Council explaining that the organization is submitting their application for full accreditation and funding. They currently have an "associate" accreditation. The requirements have changed tremendously over the last six years when the City submitted the first application to begin the program. As part of the application requirement, OMS needs a letter from the Mayor stating that the City will consider funding twenty thousand dollars towards a full-time OMS director. This letter in no way commits the funds, but documents that you would consider the funding, if it is feasible. Council Member Watford moved that we instruct Staff to include in the 2004-05 Fiscal Year Budget DreDarations, twentv thousand dollars ($20,000.001 for Okeechobee Main Street. and authorize the Mayor to sign a letter statina the funding is under consideration for the aroDosed buds_ et year: seconded by Council Member Markham. Mayor Kirk reiterated this will again be a tight budget, and as long as it is understood this is only a consideration, not a commitment, he had no problem with it. 4-5 lis JULY 20, 2004 - REGULAR MEETING - PAGE 13 OF 14 AGENDA. VIII. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: H. Consider a budget request from Okeechobee Main Street continued. ITEM ADDED TO AGENDA: I. Hear from Mr. Robert Meyer regarding a project at the Commerce Center. COUNCIL ACTION = DISCUSSION -.VOTE VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to adopt a proposed Resolution suDDortina Okeechobee Main Street's, application for full accreditation and instruct the City Clerk to assign thenext resolution number; seconded Council Member Markham. (Note that this resolution will be numbered 04-06). Attorney Cook read proposed resolution as follows: "A RESOLUTION OF THE CITY OFOKEECHOBEE, FLORIDA AUTHORIZING PARTICIPATION IN THE'FLORIDA MAIN STREET' PROGRAM; AGREEING TO SUPPORT THE LOCAL MAIN STREET PROGRAM AND PARTICIPATE IN ITS ACTIWTIES; AND PROVIDING AN EFFECTIVE DATE." VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mr. Robert Meyer, owner of Olde Tyme Construction and Federal Cast Stone, Inc. gave the Council an update regarding the progress of his business and becoming the City's first tenant at the Commerce Center. He also advised of a situation regarding his option to purchase the additional ten acres, Lots 6, 13 and 14. Due to a conflict in the amount of footage one can build within the area of a well and the fact that the OUA has now decided that it may not cap their wells at the groundwater treatment plant, these lots would not be feasible to build on. JULY 20, 2004 - REGULAR MEETING - PAGE 14 OF 14 47 AGENDA Vill. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: I. Hear from Mr. Robert Meyer regarding a project at the Commerce Center continued. IX. ADJOURN MEETING - Mayor. Please take notice and be advised that If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clark - ATTEST: James E. Kirk, Mayor Lane 14rni6te6, C� Clerk COUNCIL ACTION -DISCUSSION -VOTE Following discussion, the Council directed that Mayor Kirk, Administrator Veach, Attorney Cook, and Mr. Gene Schriner of CAS enter into negotiations on behalf of the City with Mr. Mover's to locate another tract of land to replace the oriainal option parcels: the use of fill from various oroaerties; and extendina the street and cul- de-sac. as it is on the preliminary plans between Lots 7 throuah 12. This will in no way effect the closing that is scheduled for Lots 7 through 12, inclusive. There being no further items on the Agenda, Mayor Kirk adjourned the meeting at 7:52 p.m. The next regularly scheduled meeting is August 3, 2004. A joint City, County and OUA workshop is scheduled for July 22, 2004. Page -1- CITY OF OKEECHOBEE - JULY 20, 2004 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER -Mayor Kirk. July 20. 2004. CfirCoundt-Reaular Meetina. �•� gym. Zm es aj-) N. OPENING CEREMONIES: Invocation aiven by Pastor Shawn Hill. Basinaer Church of God. Pledge of Allegiance led by Mayor IGrk . Ill. 'MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Present Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach f Clerk Lane Gamiotea Secretary Kim Barnes Absent IV. -,MINUTES - City Clerk. A. Council Member ii 0- moved to dispense with the reading and approve the Summary of Action for the July 6, 2004 Regular Meeting: seconded by Council Member CLD . VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER J WATFORD WILLIAMS MOTION: CARRIED M DENIED V. -WARRANT REGISTER - City Administrator A. Council Member D 1A) moved to approve the June 2004 Warrant Register in the amounts: General Fund, three hundred eighty-eight thousand, five hundred thirty-five dollars and eighty-three cents ($388,535.8$); Debt Service Fund, ninety-nine thousand, six hundred eighty-two dollars and forty-eightcents ($99,682.48); Industrial Development Fund, forty- nine thousand, two hundred twenty- two dollars and zero cents ($49,222.00); Community Development Block Grant Fund, eighteen thousand, four hundred twenty-two dollars and six cents ($18,422.06); Public Facility Improvement Fund, two thousand five hundred, dollars and zero cents ($2,500.00); seconded by Council Member i VOE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WA,TFORD WILLIAMS MOTIO :CARRIED DENIED VI.', AGENDA- Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 14 "tns fur l p C-tcsPage 2 VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT P.M. A.1. a) Council Member -PU3 moved to read by title only proposed Ordinance No. 862 regarding Street Closing Application No. 72, Southeast 2"4 Street - City Attorney. (Exhibit 1); seconded by Council Member L n b) Vote on motion to read by title only. VOTE YEA MAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOT DENIED c) Attorney Cook re proposed Ordinance No. 862 by title only as folbws: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE SOUTH 30 FEET OF SOUTHEAST 2ND STREET AND THAT UPLATTED PARCEL AS DESCRIBED HEREIN, BETWEEN 5TM AND 6TM AVENUE, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 2, PAGE 4A, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION; 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 FORAM EFFECTIVE DATE." 2. a) Council Member W-N move_ d to a_d�pt.pFepo�d Ordinance No. 862; seconded by Council Member rAC- b) Public comments and discussion. Table 46 S O r'a+na n (sz, ac pMln Uiktr .t®�- c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS Y[YTIAN• RRIF nmirn Page -3- B.14, a) Council Member -Dj) moved to read by title only proposed Ordinance No. 863 regarding early voting - City Attorney (Exhibit 2); seconded by Council Member LM b) Vote on motion to read by title only. V.� YEA NAY ABSTAIN ABSENT KIRK CHANDLER "'R'AM WATFORD WILLIAMS MOTION(CARRIED DENIED c) Attorney Cook read proposed Ordinance No. 863 by title only as follows: "AN AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA EXEMPTING ITSELF FROM THE PROVISIONS OF SECTION 101.6579 FLORIDA STATUTES, SPECIFICALLY RELATED TO EARLY VOTING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FORAN EFFECTIVE DATE." 2. a) Council Member LM moved to adopt Ordinance No. 863; seconded by Council Member b) Public comments and discussion. lbe- t,Q _ l.aa - Lk)-.e-2 U.e- c) Vote on motion. VOTE YEA NAY KIRK CHANDLER MARKHAM ABSTAIN ABSENT WA FORD WILLIAMS MOTION: &ARRIED - DENIED • • Page -4- C.1. a) Council Member f)C, moved to read by title only proposed Ordinance 864 regarding Rezoning Application Ncr.04-005-Rsubmitted by Carol Johns, Lots 11 and 12ofBlock 34, First Addition to South Okeechobee -City Planning Consultant (Exhibit 3).; seconded by Council Member C W . b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTI ED DENIED c) Attorney Cook read proposed Ordinance No. 864 by title only as Mows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN DISTRICT OF LAND MORE PARTICULARY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY - ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member W L(Yi moved to adopt Ordinance No. 864; seconded by Council Member C b b) Public discussion and comments. Summary of Application: Victor and Carol Johns, owners of ProMed Walk -In Clinic, are requesting to rezone the property located at 1703 SW 2nd Avenue from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV). Planning Staff Report Summary: The subject property consists of two lots (11 and 12) as described in the attached survey. The lots have an existing single family home and have a Future Land Use Map classification of Commercial. The Zoning District for these lots is Residential Single Family. The surrounding existing uses are also mostly commercial except for the residence to the West. The request to change the zoning will make the zoning consistent with the Future Land Use classification and allow development that is compatible with the neighboring properties. Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. This property is designated Commercial on the Future Land Use Map and this rezoning will bring the zoning intoconsistency with the Future Land Use Map. Noting Objective 1, Policy 1.4, Policy 2.1(C), Objective 10, and Policy 10.1 of the Future Land Use Element. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the applicant wishes to develop this property as a medical clinic which is specifically authorized in the CHV zoning district under Section 90-282 (1). (3) The proposed use will not have an adverse effect on the public interest. Currently, the property has a single family residence upon it and the proposed use is what the City has projected for this parcel. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and' is not contrary or detrimental to urbanizing land use patterns. Commercial zoning is appropriate and the subject property is located at the comer of SW 2nd Avenue and SW 18th-Street. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use is compatible with the neighborhood and will not adversely affect property values or living conditions. The type of development proposed will be comparable to surrounding properties and will create a positive addition to the neighborhood. (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 proposed use can be suitably buffered and will have to meet City Code requirements for site design, landscape, buffering and parking at the site plan review process. (7)The proposed use should not create a density pattern that would overburden public facilities, such as schools, streets, and utility services. The proposed use should not impact density patterns nor public facilities and services. The proposed use will be located in a district designed to accommodate such uses. This close proximity SW 2nd Avenue should nliminn4n %nv "fiin nnnnne.4inn 10% Thn nrnnne�na ut-n i&A nn1 nrr.n4n •in%# in^rr4;nnin irnfPin nnnnne.finn ^r Page -5- flooding not impact public safety. The moderately low intensity of the proposed use should avoid traffic congestion. (9) The proposed use has not been inordinately burdened by unnecessary restrictions and should be able to develop within the existing City Code requirements. (10) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will ,not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; it simply allows zoning to be consistent with the Future Land Use Map designation. Planning Staff Report Summary and Conclusions Prior to Certification: The subject property is located in an area, which was developed with commercial uses. The proposed zoning and the proposed use are compatible with; surrounding uses and are consistent with the Goals and Policies of the City's Comprehensive Plan. Theirefore based on the findings of this analysis, staff recommends approval of the request to change the zoning of the subject property from Residential Single Family to Heavy Commercial. Planning Staff Report Recommendation: Staff recommends approval, the application was discussed at their Juri6 271 meeting. c) , Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHAWILER MARKHAM WATFORD WIC_ LIAMS MOTION. CARRI — DENIED MAYOR KIRK CLOSED PUBLIC HEARING AT (8 . 0, P.M. Page -C). Vill. NEW BUSINEa A. Discussion updaLa CbAtamtm� Olt) tbaf J1 en WjLaw-,b UY\tb podo, QQqO J% Cn tk-tC" on Page -7- B. Consider proposed roll back rate, millage rate and budget workshop dates - City Administrator. � 01-M - Cu �-t &ct bK- UO re t da j Can uko P l - S Pm Q-na Azad- II`vO -- S Gva byn ;b -Du--). s�� )) . a. Oax-) & Page -8- C. Approve proposal from Okeechobee Utility Authority to purchase Lot 1, Block K in Central Park - L.C. Fortner (Exhibit 4). mend rQa8 =.00to � �c.e;h Council Member �7 made *notion to accept the OUA s offer of $29ase Lot 1 of Block K, Central Park Subdivision; seconded by Council Member dZZ a) Vote on motion. U , tic o VOTE YEA MAY ABSTAIN ABSENT � KIRK CHANDLER �&td MARKHAM C� , , WATFORD tAl WILLIAMS (10 (9� MOTION- ARRIED — DENIED U wo-9 0) Qg t i0- bt-0� qN-0 �D.Lb . C LtW W-CrkoA rrr4Q.Q- D. Consider a request for an on -site parking reduction for a new office building on NW V Street - Devin and Elizabeth Maxwell (Exhibit 5). AD W4U* Vrj�b PICe). OPFOL- RUCL Is PA b)L-6) W" 41io oj)la tb 1� G. �/l.Q�n:t ate, � C� ia- .eQvm vndkuy�� op,.Q-- d�uueo a cxa�one, �ae�o . — `�ev�, 35 rta.Qd � aC �.c C��nQ,- Cc.e�v Ce�n� dtt z�c �weo�> fe e. � 1�_� . `►�.v� c�u�� Qr� J�am��rtt�o— cc,i-. ti up E. F. Page -9- Consider a request for a parking reduction for the addition to an existing office building on the comer of NW 2nd Street and NW 51 Avenue - Mark Troendle trb dD ff"focil U-�Yv on k�. Cwurn ch 1 -5.pa)C-O L-;3patQ,� Cf) cufuu-frct paql�'j ' Tech ce)ucL - ad to .5-.kff&zjd C) U*) OAt",\ *)S� Ich k%-Y- tku-\ adrz r � 2D% "eft Discussion related the recommendations from the Code Enforcement Board regarding Marvin Brantley issues and a fine reduction pertaining to the property of Raleigh Parsons. 610-o ui� Ccxdl��nn�Q- U&U,csa "�b Qbl crP-n— �l urn CeCtt� U loL rmodA. c�sn ;� a�r,�i�- CZ n�.�l�nm� � 0 0 qA ul CI- cdftL b� Cdzu 'Hxalld , n , �g -,q .z0 PW.P e� palwt&e. �uj) Ram qoda,e Qo , 014 lDyd- O'D tAo rnit 0 -ivne-r ct C��A �nu.Q.o�.cdt�- can �. duormt�d. oc.ctf+ w - off - of (10 marunm &"]Lt 5cc d Cam._ c71.o� — CC� cT, C tic pf:lv� PAM &Awgy, -ar, "/P&- motes -�a - Clow +-,A" � (1kltt�z no otw, �.�r, - mn. d�an� .,D�,o, �82.c�d, � y nyr, ur�� ,tluo �u,a� . deeo�n� :fit p � .� - n� %� �� m.b �or e-u-en 2y rs - nocb�cie,cA- lic" r�nc��iopfDu2C� Clot b I7 — � Sec �l — L .M rec o-F '`praco 0(9 -014-020 CQ.�a�l o�prbk �}eQ-dc.o CnQc�at'�Y��yY�r�� k `�u.QSZ CQ.6�e.�lLe bo f7vza�� , ClQ.I.Li- � o0d... Cffx-a�04�-m paq�e " - Kt — T.R df&w na *& au Wit bt CQ.aa6 aj e tk5�-Q-Q rn, �.1.�. cc1� capp�oUe �}ertip e4.��my'��r, W c2rrJ - U'd 4th St 4 wtt� See ld� von, — �,D - ccuvuld, n fflun4uL — PW ry) - —60JAn ouf-4-- vQq8 uictFaw ms 4P-5 ru-b- oct wwu �vrivn- off-—Pd. C-cb l�n��c Y� �-h �re e- /5+, AWUA- - kAA51�r.o-o ra c4kerr, 46 Z lei 4�r Jaoo�� 4N,+ M'St is `�n Cis' � o-$ o`�o� --4�und5. mow. d atL Dk Coun rn�k- carn�x�l Q-eo/pad i�D mwl,j � ut-z�tu.u� Ztq UVX&,&Q__ 20,M, W.!2;t7- af,o, 4ttaz- Wo-� UAA-L Q�.¢/l -,7" Alto- • '51 UCH _ C wPd Rio m app(1607kv� UY,\ -!5-C�L �e carvvda If - - �ceu�n�� Owl-� lUPr rmo'ts�., mLth CuQ -cl.e -mac uo rne�t s1XbA�ded (C) PALUP 41 t" mud: taAolm maaz4r- a kw w0cm Cwt Cam{ CD1� (1vc)<. Ltm. w Q 3Ito &-r� tee cane.. nV buuMZ& . PIIQu � �/01 Om ib M Giddda-bx),o -to-,� i10 Q�,� CS�to �16ir� C.As. addakL� I acnno- PILc°.- 1 o kkD 3a, 0- ckp-aj 6n rsQ� 4-,Q� Can rT\.o-c P�a�zcr.o OaiL;t -ZI -off Page -1- CITY OF OKEECHOBEE - JULY MEETING 2004 - REGULAR CITY COUNCIL - HANDWRITTEN MINUTES 1. CALL TO ORDER - Mayor: %", gala PO. 20O. eaw e6aued Rc4a4m ftws w4, 6; A0 &,m. II. OPENING CEREMONIES: '76v*e &**.stack Sac Paarov, VWwwge gaewto* lira de a www o.! Paate� SA"'w ?w, &a "" aa" oil 4ed Pledge oil aSUeaias "Sirs 7Xaa4a X" . III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Present x Council Member Noel A. Chandler x Council Member Lowry Markham x Council Member Dowling R. Watford, Jr. x Council Member Clayton Williams x City Attomey John R. Cook x City Administrator Bill L. Veach x Clerk Lane Gamiotea x Secretary Kim Barnes x IV. MINUTES - City Clerk. A. Council MembereA* moved to dispense with the reading and approve the Summary of Action for the July 6, 2004 Regular Meeting: seconded by Council Member Wmrmw 74 w a," am dtaeaaaloa ** eA(A aew. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: &*.kA— icy. V. WARRANT REGISTER - City Administrator A. Council Member Vat, 4wd moved to approve the June 2004 Warrant Register in the amounts: General Fund, three hundred eighty-eight thousand, five hundred thirty-five dollars and eighty-three cents ($388,535.88); Debt Service Fund, ninety-nine thousand, six hundred eighty-two dollars and forty-eightcents ($99,682.48); Industrial Development Fund, forty- nine thousand, two hundred twenty- two dollars and zero cents ($49,222.00); Community Development Block Grant Fund, eighteen thousand, four hundred twenty-two dollars and six cents ($18,422.06); Public Facility Improvement Fund, two thousand five hundred, dollars and zero cents ($2,500.00); seconded by Council Member 7&4444a u. 74orc roaa *a d waaalea ** t.4& mem. DR YEA NAY ABSTAIN ABSENT KIRK x CHANDLER x MARKHAM x WATFORD x WILLIAMS x MOTION: t°rr«c>zeJ. • • Page -2- VI. AGENDA - Mayor. A. - , Requests for -the addition, deferral or withdrawal of items on today's agenda. .4"e 'rie "4&d to. ddd Mew or Oft 4AAW"e 4 a tc40"Ww curter cloclwrg. D"W" W,"4t4d to add hear 1;p. ?a ,%eve a wpff-ot �Wm &WeA dee c meet Precfdart w"vdi j pwa&" *ad ,4dMrlyrlarrat" Ile" Wjaeeted 9 do added to dteeacm tdc 6WW tW ecattii ¢bwAth # a " Re" wx fe;t -. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6W P.?11C. A.1. ai). Council Member?!4r#ed moved to read by title only proposed Ordinance No. 862 regarding Street Closing Application No. 72, Southeast 21 Street- City Attorney. (Exhibit 1); seconded by Council Memberl*v4 . b) Vote on motion to read by fide 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. 862 by title only as follows: "AN ORDINANCE CLOSING, _VACATINGANDABANDONNGTHE SOU" FEET OF SOUTHEAST 2ND-S_TRE_ ET AND THATUPLATTEDPARCELASDESCRIBEDHEREIN, BETWEEN PAND 6mAVENUE; CRY OF OKEECHOBEE, AS -RECORDED IN PLAT --BOOK 2, PAGE 4A, PUIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION, AND DIRECTING THECRYCLERK TO -RECORD- THEIDRRD/NA11' N-THE PUBLIC RECORDS OF -THE -CLERK OFTHE CIRCUTT COURT (NAND FOR OKEECHOBEE COUNTY, FLOR/DA; PROVIDING FORAN EFFECTNE DATE" 2. a) a &zwd r"e rite �te�rceewctatl` e� tlrc �, end elect awed ?ite�l r4wrowc otuC .�sAtie�c ai Aallcd awctdlt& av4t# �w 2V7 tlCat ckoald lave decwc ueov4 ve zw aga tkdt atklatwcc tkat u.dat ace to. do let it a," 44wzd is e& e4 Aft v#& 4 a w# AagAaccc. �www t& State. 7& a newq.. eA a," ueezdcd. 7 c eewrcet arc A" to do ucendcd, r4,c* vx4 Awe a Luc ea*y dad tdc eoamt* e 4 aee-4 awe *%44w4l wr #&,t to weoad"dt. ?ab %rf rAr,-mem e & ozae eA w 44we to gat rAr, W*&% dad "" & zeeended. '4006 �i�urrdtrs��!aa.(u(arric arada a «rotiow� to tddle tr(era�da�tlewc al a�occel G dlwcaacc 1laE. 862; eeeowcded da eoawccll %Ali.Ncdtn L'?Aiawcdlth. ?kart to No dedea44&* ewe woe(*" to tadla t4ese�n eaa Aadlle eo x acurta/dlceaealowc a.ae c) Vote on motion - ?O ?,�46,4E V4 : , YEA- MAY ABSTAIN -ABSENT KIRK 2 CHANDLER x MARK HAM x WATFORD Z WILI,IAMS x MOTION; B.1. a) Council Member Wa and moved to read by title only proposed Ordinance No. 863 regarding early voting - City Attomey (Exhibit 2); seconded by Council Member r . b) Vote on motion to read by title only. VOTE I YEA NAY ABSTAIN -ABSENT Page -3- CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: 64AA�ce�. c) Attorney Cook read proposed Ordinance No. 863 by title only as follows: "AN ANORD/NANCEOF THE CITY OF OKEECHOBEE, FLORIDA EXEMPTING ITSELF FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES, SPECIFICALLY RELATED TO EARLY VOTING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREINYTH; AND PROVIDING FOR AN EFFECTAE DATE " 2. a) Council Member ?&Ar444* moved to adopt Ordinance No. 863; seconded by Council Member e+(u o&m. b) Public comments and discussion. 716se. Var#ad - " 9 awde to "d tt �r~ de #we aea4vq . t4& late. tAc ettry as -Ow 4& ea 4 &@&a . aea�ra+iaaGfllEtyc to trfc eee ta# thee&" @#&e ead eAe* dace to de. tdlm aawww? dK-44, yea. ?Va4"d aad we& u-e dace to A4* An t4da.7 V". c) Vote on motion. VOTE YEA MAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: eAkX icu. C.1. a) Council Member 66ga m moved to read by title only proposed Ordinance 864 regarding Rezoning Application No. 04-005-R submitted by Carol Johns, Lots 11 and 12 of Block 34, FrstAddition to South Okeechobee - City Planning Consultant (ExM* 3).; seconded by Council Member lomx~. b) Vote on motion to read by title only. VOTE YEA MAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: e, AA- 1444 c) Attorney Cook read proposed Ordinance No. 864 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN DISTRICT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL UNCLE FAULY-ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHID ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE A 2. a) Council Member UA 4." moved to adopt Ordinance No. 864; seconded by Council Member 704W "I". b) Public discussion and comments. %lout. &awed - tt a," dleeaamd at &Of d at #"e wed&f, Sa"w"w 4 4i ;tle"cr Iwo" and & el 44", om"cw v paaaw iva&-% ei!lva. aac uguaW" to wpwe Z& A*oAev# loe4ad at 1703 SW Pad r�riarac�re"w ,�caGalc"ctlal SGrgle ?a"ullyc oac (RS -n to ize" G''e"u wwzal (e? ), �lauuiug. Staff Fcitwat Sru"c�a�; ?4c aa�cet �� carcaleta. ea taro left (11 and lY7 as daacttdid Page -4- waA � �� ad �� 74e joadag. Vk4tuaA deae lets ta �iaideaetlaC ealargle 7a#rilay. 74a 4a4"acwdG f artarGrf araea a c a4ae.,ueoa4 eeuM me44W ez4W 0 tw waidearee a roe We4e, 74 w4wx a ro e4aage toe goalag. a4& aaratke talc yoN4rg eoaalareat mea toe 76tunc ,.anted Wm daaa !dcarloac ward atlloaa dea+eloA#rract t4ai fa a mAaa& *,Mt eite me44Awaracp *wAetew4. ;1&a twf Sraay+ ' �at r¢Kalgata (l) 74 A*@Aoacd use to mot eoatsweg to e000-ec"luc Ptak 74t4 dcadgaated eom eewial oar t4e 7utaare .- and 74e 2raA aard a& wa"c4'k'f #sill4AIrftoe Sig &ra eoaalate,w+ aw aia toe 7uraaae -d4ad 14e 2&A, q Q#ce& 1, PoClcay 14, Pahe* 2.1 (L'). _aqeetlasc 10, dad Peliegk 1O.1 a t4c 7ataotc ,L�aacai Zlwe 74e A"Aoacd use oecVtaf4 a datocd aadu roe P*4 lwc toe .Eaard �cgaalatloara. bus, toe atAAiita:art av�iaaixa t� � � as ac # ellaeia aa"4`ei� e;PV Pa6r-f dta sMe acacd .Seat&* 90-292 M. 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We AwAo4ed aae ease je auetaj f AW crcd aard tulll Awe to mcet elt# code 6mt sits dealgac. 4%*4* aAe, 6a#ft4,r* aard A -ae toe aft AAA wm.; aoa *roeeam. 17M AwAomd we &jawa woe eaeatf a darwo Aaeaw e44t awaald acw4dw4w Aadlie Atell dtiea., aae4 ad aeA"&, dow&, arard aullr� aczcalaca. 74e AsOoaed sae aa(aacld scot dcaica � � stews A*ealle �at,�titlea a+rai' aarvteed. 74a CoAoaed arse will tie located Gtc u diatuct to aeeommodate aue4 ad", 7k(s close Awrtartrry SW Z al4vorac a4oald ellMciaate rra#& eoageor&w. (V 74e AneAoaed use uRlll arat ""& aw y is o%&v4re tna#lc eaergeatloac "g^*&Vf Prot l et Aws& ",off, _ ?sk pro'* lau< 4ateac4&# oV Me AwAa"d use 4404U aaoid eta#ia eoageardoac. (9) 74e AsaAoaed awe 414 sat dun mm"4 &4 Kvtdeaed dry womeax"wo* w4trietdoar . aard *Aowu & ad& -to aleoe&* toe euaeriary eze+ 'regral reauiceatsta. 00) 74c AwA wd a"" W& scot eaiwrltute a gfiaaat � aAxelal �� to a* lardlaa[a &se eonwegaaled w.a eAc Aaaas r& a c, 74i coarat�trctc a 1"A'_ass `4"" avcYl g °� wA ,b�rlorllege rs Aa a& afelaarre; u alloads yoarlag to je eoaalatewe a Wa toe �utavte ward ?lac 7Xa� 4afgg&,W, Plaaare" Se W ReA~ Saa#r#rauy dad eo*c aalaearw. Pumt to ecrapatloac: 'I4c aadieat *wAc-te* a l ce&d ev as aroeat, aoakaE dCraQ - deow&Aa oea eoaar mereial ade&• -74e As&A"aut! 4 ward rot; AaoAgaed use atte eo#tcAaed& a&,' ""owa'wg awed sad acre &w44xeact oit4 toe foals card Polreiea d eowAw4 aralve Plane. '7&re#w jawed oar tice ueaa e#renc 4 arAA7oaad IV twit. wvaaeat to. e4 ,w#ce °dkmAev* ara e Plaawriarf Sea# McAmrt MeeoaauNaau�, StW 7eeaax�uara(m aAAltoaratl, toe otAAellaatloate wawa a!�:eac�eced att ra�easr f �eatce s22"a .. clam, 29 G ee~ #tall, ncoto A%&Ae tlgc, all adoa� Aaadfi!w4cd, a0e d 4aue deu,c Acid. c) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MAI*iiAM- X WATFORD X WILLAMS X MOTION: • U Vlll. NEW BUSINESS A. Discussion update on the Industrial Park - Gene Shriner. Page -5- Cjcwe 54iwe4 - VW e44ed ww to eo~ f644 ke awd glee &Adate. -& AM as me ane come~, 4e4e'4le, Sadgat, w t41w4 eaffe"ctosa ase daGrg uwll. Rawgca do&* 400d#4• Dkeavdyc moAWPW 4,4* tcae Alllwga. Ralf dA" aut to Std, A"eAteee, eaw 6" come " awd a4oaa. fo* aware all t4c do&zw asa t440, Sect aae asc d#Ar . ie, to la eom6rf &weAaa. Owe aae W tie sett aA04 tka t d &am cac arlll4weaa aa4�e all t4c �vrieea • ea* wfepG tturr4 aaouwei, eaw still aaos4 a &4 Rawgas d Sid. ase aloe lvi4rq. o Nome dwwdlwg. .Snag lw Aemw C An lv44e. -/&& ataaaa awcwt ow 0444 tow. dtdw t gat siaaa seAost 444%4tted, 6uc 440c e"4 *vote Aewx t. S?W&V A" Seew eooAarattue. Stee4ed out, ~W44wg dewc,dwweAar4. vgao4 & doGrg 74ia awtll de&'%Wzwe rAr- 40c oa Scantwq. 4c weed@ ow e&s A4%rg. &w#deae Sue yew dew t 40041 ua d tta Wawa. FascG�aruet Selwy os.%sei � flat statlew. Ralf 404m wa Aesw &, def seuteaa gee" A&wa "d aag glee arc agsee &&i a A" yeas an &46rq.. S4ould awe 4" rA" lac "d Sq4m eaawwcdlwg w W *7ill e" ow t4at. Ralf weusaasf bon aftat tcwewti 710, wet eaew ewea94 aettv&f to w4vmae tt Sat u d Awa oa tlw-gaaat ae we Sa c to dm tt, Raft Waa: 44 eowtaeted 7/eae4 to aee 4 awe "d e& atoms -f*, ewd dreg m-ow 4aw eowe"a loe44wg awd tdrla would AC4 avtt4 gc ze" tcwawta O t4c awftw. *%" tax A"ota 44owld OA"d vaw, llttic ettryc M*N4r# iw it. 74"A ycoa. B. Consider proposed roll back rate, millage rate and budget workshop dates - City Administrator. 446newistraten feae4 wosawe4 awe aaould Se AeewtlKq."W.'ad ee4t4sed soli Sae4 sate awd t4ew adve%e4 e. ,Reee ed a eod aeae"e tiw e4, *aesev# 04s4&" @#&e segweated eveew46ow. Ton eo act m4o4 a-im wrillage sate. ?feed to act ar ofi44Am* da ecm. We eaw aw 4 u&4 toe Awllar &,# wuwdew ea w elk aaos"o," moalwg. 4" 4 Kagan ea owe aatt44 dcAmrotewt Am 4 to swoeew Sac 4a, ataaa 4w04a4* ow s4aqust 11, 2004 at 5 Ewa awd Seeawd, la acceded, ow 4wf aat 16 at ?llataesd, 160' wet good os we, WA" asout Seaow eea meff meetiwg at lot 17 mill - 044* 4tt4 we. woskaAw act. e&zi wee4 to w4ewe e44ws&w awd ado�vctlaewcewt wceeaw, C. Approve proposal from Okeechobee Utility Authority to purchase Lot 1, Block K in Central Park - L.C. Fortner (Exhibit 4). &weed %yem4s ?6&44%d made a. wcottew to ",m" toe 0* 4"d s#e4 4 $29,500.00 to AawA a .het 1oa WWA X. Duct ral ;0444 Swfdtatataw: accowdcd & Amaed %%mgm Vdlia ", .mix vak4d m* *Ale* Scj�eu. eA" awe weed to wean& at e m eAw awe do wet lweam a" e"e. & wwetl 7JycmAm Xlataosd arcade a. wwtiew to awwwd toe ostalwal w se&w to twelve.% all elostw.e coo" is Se lratd Sac seeewded S,cc @owwetl fCawdes wdlldawra. VOTE YEA MAY ABSTAIN ABSENT KIRK, X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: 70 ,49Jr W L°rtAx >cv. Waq;"d - t4ta a Save* dews lac e& 4Awe oa eftwrse&*. r Page -6- VOTE YEA NAY ABSTAIN ABSENT KIRK. X CHANDLER X MARNFHAM X WATFORD X WILLIAMS X MOTION: GAAA 1a5LJ X5 rf a.ruice�. D. Consider a request for an on -site parking reduction for anew office building on NW 31d Street - Devin and Elizabeth Maxwell (Exhibit 5). Z%-,Pm ?Zmmwll addreoacd tkc &aaed Aarnekaacd a. Awme ow ?M a Smut, aad Awe " wwode&e9, ee to eAes4a ek & &,w Prm, We arc ge&Ar* wa.4 ea gcz r ee aad wewA4tloa; 50 x /SO,1935 Sictlt, oa a aia9le lot. %alad td aeaaro4l0&4 Aito "& valae 40 M4rd. >4a� +e,_ -• Put a let 4 eAmoAt .,* a& *to fief, &Ae to kaac ae tic 4w" e&w a. lerrg tlauc, ckallta9e !d 50 �e 416& "lot,- 3 A4444ag aAaee# WPU&cd 6a4asd o* ogre OW aa0 6aSi ,act ekau a,", Awrklag eaaarot 6e eo*&ft ceted to aeea«r«rodate, d a 60 � old o" true uwacld Awe to !w .. , ; , l• 2fJ,� aaalaetdoa la "cello d, ? t aaoeu aeaeesaes wu tkar�eac ditses6ac�tk6�♦d&-, L'00'�- oa�E tau al9kt aakrne d�rlveeaaq� aaould leave td 90• s�a�sdak%de a�at �rtl%� 7.ac sxdirarez. old t�Cta. kcaoac auai acatasvraat. Cjaaat &&4 a a>v we oawwrd, aaaraalAewx& Sc AaoP4" td toga 4 a#wwwe4a. 7Alatrrkkaau - leekcd at tkc a�rca tada�c, 14_Aa�u(r�Kg oa�c road, a{�vc u�aq� could add aacotic�, arcatc 2 crave' la groat ate dKve aua". ,LSP,;V Aced a "r M, .Lot 6e ,e" Aa dad aarotket. 3 aAatc oat eeoew& Aad woe e& vaeaat lot. Book dds"w6w*Aaui e4se at =G Tm ld a: SQ#*e lot kaa 6eeac e4ww eves aiau 9 eaac wAve dm, 7klak ave Aeae as oAk#4 tow is croak a"AeoA.le a & Aav Owe tk 4e eldest A%vw4. 71ccd"to-kavc aowaat &zaw. 7Naypa aarkat fa tkuy 4" tk # eau t Aoa Aare awry a�coaa, -Dace fa eaceu9k **ages AaaA&, Dad* 4APa6d keeAAaa4.1" Awvra a ad a A 46r9. a&t overt flee ww, 12 mceo& 4 koaw aaa lea earn zmv A4%i4rg. vbama ea 9a look at salve u�a* eaten, 4 aae atal,AAed e" add 2 Aug *4eea. e4wr D'l0 = aAr�� aoakeeara taking kZa'o�rleat6irlldcirgm tag tl« aar�E sae is afa tkts. �eyrt tkid roegacmt, aoarre od tkrae oldest ad ere eeacuart tkunc, axay6c arrc and aoaaicc dr�uat ae9uGatloaem w?4 tkcae oldaa Awd4 w tkat rat eaa a .nut. '7 wre & ac good ease 0% a& dte, 44OAoat tOf& a{ d aAatv+�ce6atc green c�oata.. awtrtdeai"t�kw.�raart �swocest is attirrl rsic"auactae«�ra act eat s t'c ,�a�r�il�s4 �ttk ��rsvla6sac �reo�tali aar r.�cal ok.�ed Aws"a_ . aow4m"e a�tt�f . • seeo�cded kiC �iucaut�' uMr#�c7�+��€da�. �!ud �s Este t� �.�e6st " _ VOTE YEA NAY ABSTAIN ABSENT KIRK; X CHANDLER X MAI4KHAM X WATFORD X WILUAMS X MOTION: eAkA ices. E. Consider a request for a parking reduction for the addition to an existing office building on the comer of NW 2nd Street and NW 511 Avenue - Mark Troendle. ?we W& addreaaed tkc e&, /% %w*e4 Aaardwf em4#rA4of, lee uaaa act axle to de tkine, 9 taaatk to add a race l«ieagc o� aa+fat 6a ti6ore i�0 ��, Aae AwwMsf aAaee 44. "fat A Gr od 2 44*w94, oa-�xt we Aare, leaf u eaaaot lee coma ed. Oalgc alternate u.e leave to zeidaea flee 44c 4 flee 6addGw aasd ere i4 44 tmaat"to do tkat -so tkat tyre 46ld6rf matek lac al�c. , 664 - W4*e,*6at gU", 20-? Oalry aced oat. Page -7- &woe& %ii! m&s wldrotd aromd to a**"" 20 Aeweat *444ew4 wdacetl w "Aieet to AeadlaO; aGrlleactlsa 44se04d Aa e4dow" deaoadtd. &ll, u toad 0AWwa 4 VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: G'r AP<IGu.. F. Discussion related to the recommendations from the Code Enforcement Board regarding Marvin Brantley issues and a fine reduction pertaining to the property of Raleigh Parsons. e4we 1Zo. 03-m Ra&rji ;Da44oaa•. 66& soared a KadA& a doe tke A" 4 a�.�iraxlaKateGjc $2,200.00 se aedaeed & V10.50 to OMM adarrlarldtratEae Cod& dad alllag. aced. U44, ;Daw~ a we Aeaou trk &w"d dad Wfwedted 'z redaier&* oa Sla. #me, ?hoe to 40M.0.0 aad d 'Ar4 & Aa as u4- & "d &m awash to take Cate as eeeaa &,* r& AwAese . teat, Cleat aad Se Sad eoatuwed a wi i ao ueeue leeallay to 4e* u elea�c. ?&4gcoz "dca dlcea U 4WAA a r/wa ueeaRcaMc- . LoeaaW 2reW49 *444 rd wi ~ dr=*e @ede 1'-- aceat ssan14 dad lei lue ift wide #03-096 #am f2,200 is 6110, 50: eeeoisded A& Lieu wed ?#Awi" 2ra"Amm, II w6 Staaca rw AIACk, VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: &-*AA Cade 91a. 04-015, 04-016, 0"17, 04-018, 00-019 aacd 04-020 7&wu-e c &aactic y 04-015 eode Seared to M"Arg a.-eee«raacead.�etloie tkae a, elan fa4wseae le ailed ao& trk amw"e oa ae4wwd arced, Slot. eeav eadte, soot *-" ww~d 7113104, 04-016 coda &wAd la uraaEGrg ar uearr aw e4wet a elan A&4 aneat le aid te% eAe awoaat 4 aeeuaed pwed., A&e eowze eoatd, Soared aowao ward 6114104, &WOCll 216c«rAM 'Xldtasad areaed t4at me aeee" &Wk �a�'e�eeeMceat seared to Mlle a elan l rdacMcust A"e 1W. 04-015 dad 04-016. deeow,&d Sic eoww.tl ftwim 706Wa v4. sail Rank a?'74" t44r# ace & t44 t4oacafaacdo, SaMcarq� - gacedd la. elude to i10,000, 76a all 3. V w - eode Aoand dory eeoaaa ** oww &aatdeg? "wd Aow r&w? %ffe4t 0% sedaaetlea ea acre? Book tot oac 64 Am&. 4a44 Cited, cccclucd aetlee, 4 Aoat.—%4V4&ed *W4 4VAe% aaee *.&J G�edc &w4d tad �'naaee&# 4 W44 t Come A" aad aak Ana aedaetloa tad eerie 44ed aaaae4 woakd aor&Z 04w, take goal ld to get r4 uo",r&ac ow4 e&+ atlll ,mod *Arius 4 act Awf trk w4am am � Codtd. VOTE YEA KIRK X CHANDLER X MARKHAM X WATFORD X WWI I iAuc V NAY ABSTAIN ABSENT Page -8- MOTION: Girt xx >s:eJ. &-m r, x, 0"17, 04-018 a*d 04-019 &de &wa a nra46rf a tkat Awea asvrc A4#eerdGrga 491* 4w, awdm to eaAmw eke e4w. -&d as cage Ida. 0"20 9d scat Ge eowoeAiia 4 fi64 19. 2004 bode &4"d acaaMCMcesdm #wela"4" lriaoeae.*4W 4.0da da "&s to esooaee am, W444"d, W" kc *red ea a w 4 ow a &7 eoo4, sa. #aC MW&aaed ea aaa 494 sated Watt od dtaal N(cwtdag. Z 44"d, e4c &a.t td*se aa•c u.cae e4t0994 tkid Aroccad *A i*c a. coaate ease aad elrea aa4at a".w� ekate? 664 - V wa de# AAid $7500 !*c ached sewed *5W & coa ze eaata, and a*aeelo"w a," d&w daacd. 7kca 0k4e acaa. 044t chard a 44&d. ?W - ave a& twow ?I&, 8 , &fe ,Eiw, aaam few, dw?,,e'4 dew and act ki ate lease ended, rAm a as A4t46sg eAwte, eaaatmre w &we to Awtk oa adde oa ", etc. 96 Vs. gad sae gee eoarareata. *a leek ad". Wag? e&4 rAa atry kad iota l &A&f as A&m, a 4 9 aa4ed 4 ke at leaax ended to aa,* 4 a," eke lowtd dad &e x sat coca kuae too&*. 5;t" - otoe A4*i&w. aa.eat Woo* e+fate. Ire eleaaed It aak pz moat 2 a.ee44 aad oleo* u woeq ',ed lack U4e a and. Woa'e rA" sae Aare sage. e.(calee, -ogee sumo ea Wo e&a e&Am, lace Aw i act asay 4&& as coowra edoa J"m " a e all card ke A" Amed ad ea da ax a.. 7kc ashy abed** a sot ea kaaee ow code we all. ?1l!a44,m - &-V dotaa "e U4e Wolaq eka elts(rye, lug gaGrq *a ea &Nf. i%aa iltn. Z7w"e a mua ed e44e amovaed Aw eeatry lae aac'ae lee*c ax*srfda f w&4 "An 12 yeaw, &ww4a ?Xe aloc aaw&r.% aroaed to arose a�" as &de f - 864rd *a e"e:*e.. 0"17, 0"If. ~19 aad 04-020: aecaa" ia-6aaacetl Itcmdes ?&A4A& w. watamd - *gala we toteu wo Won't e4e d a a v# l Macy: aa,&� a kada'e coact laa4 ea ad and aa.dak 0 kada t eoare a ed&. ?X.we4"m - agate 6W 4" sloe a ua� to calk u•dtk afrrlMc. VOTE YEA NAY ABSTAIN ABSENT KIRK, , X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: 6,! AA>cc�. ITEMADDED TOAGENDA: G. Council Member Wa psd moved to approve a temporary streetand sidewalk closing for Northwest 3rd and 41 Avenues between 2"d to 411 Streets for approximately 4 weeks during the construction progress, submitted by B&B Site Development {Exhibit 61, -seconded by Council Member ZfJt(.l&arm- VoNoic, e4eay sae go6rf to ow ea lcaae incteracctload o#m, aaaetay eosee w axdll e&ae ea4w *twee q eke* 4" to. Dv*? act 6t ao ac A*og&m, ftvarg to a wwk oat adds os ele oe,(r m. lade gad W"e add& 4 alai card wear. eoaa4e k wae. ?10 A4outo4oa4 on AiiA&* elaeaa.kuae. 1W aAr* ea akut Wawa lack added ate agate dace. ?.bags& gash MeaO&M e44e4- *441"d, fie tkdd agate area axaiay dd eke A4W rg *airy la "w&m as afhca? %d u a!w4Ard? 1Jba*cde. ?lea.. V404d Re4~ a-4 axe Aaaad *airy tale eeatye u looks a 4e as w gat rAwagk a &i dt? 2%wa&, ekae ar." eta aalgc lad Awte *a eke wad. ?lJataoard, le #w eo*4a. odd, &ie axe seed ea go leek a*cd a w&4 rt. VQTE YEA KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X NAY ABSTAIN ABSENT Page -9- ITEM ADDED TO AGENDA: H. Okeechobee Main Street - President Mareen Boroughs. L'�d'roagkd, eta groat karoar ersalac 4'*'cct A" ltd o¢daseiate d944a44ow, arc aced to god arch afialgacestlses, G; Gz aroac� rarotc G�rayf[ ctlilc►e. m a4e date 4,44 30, Ps Pll Pow 4a9 wiai " a P& r4we raraa9ez, Meraic wAek daccd, Pic 'Sd ata9.6adget Aroecad 4rw4& sg. stow, ad (" Awe atate # uw Lase !diva.. JWM cltgc tkat " 4WW Le eoKald~d. 70"e is eoff"0etecrc oat 441 dad a 4VOW. eoff W4W 4 OW& diatloac. -64 at A4#Ae tqc, usmce tnaacoAmta &* ecKte'a, ,te ft �Wm, eltgc dma eeacaGleratloac An aac*dAvg. Oa 2A04105 &agct, f20.DA0 la vepaaated. jot comma Lut a waald eaawddas.Zattas decaac t comma e& cap is eAve daaw& ij w 'ttd &&as also 4"w as 98-05. Va o*d - dos t tei" refute d arsgotaila * a vw" u�ltk eAr, fit, a# is edaaell q toe jea 44e sac a aest a Aat lac de Lacdgct. ftdfos AN" to a#* tke leites. X*4, ,fie d 4& ltd gdlaq is Le a &"4 Ladoe lean, to. loaf aa. It doe" t comma aad 074* oLa* arai tt. 06" t ftemAn 7ve4 kwd «roved 6"o are tara+aawELmW is law& de lac eAr. Lacdeet f2O,00O. OD Lo's awelac aomee, ems a mme &eem 4ew&a4 wwd4 s eeawddar stGrac deeAw& Let e4wa cd 2rwvAm 7'�!etrs�%Earrs. &ll. &'& *a" 004 Le 0" aaa #4 4 groat ddac t get dw- $20.0A0 iftws de cap? n4we r. ?la, e&w td a eLaacee, &a are e4w d4 aae rAa Aoewe. %11!a�rkkarra. rld long as G; ld aurdaratood, lid oaclgc a 'a VOTE YEA NAY ABSTAIN ASSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: @rtxx ),uJ. Rcgue a An mein- w4okatldad. - 4oawaaed ?Aft as iF/44*vd wewde a wwtdeac is ads�t a seseGrtlaic Valac Sa3:eetd a**&e .rtiMs Am && eeetedi.aeAmw, &ad trsdewa r4& &few &r4A is a44&* e& ocze ae4o4w,&ac aacer An.- deesacded �Ca�rkkaaec. rliio'tereyc cook 'read � aedelatloac eta aolloaoa.; �! .F�O.�?.'YJ.� O� 7;� ��?T.j� O� ?w Aw VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: eA.kA- ices. I. Hear from Mr. Robert Meyer. ;W"C. V66v . adrrre ee'canGrf 4 eit land. 7i"e eaaw 40-45 AeoA&, 56 ew, ew*& rd 5,W0 4 o#wce AwWA Grq.. e4rgo Awg'rcdaGrq wal geed, m4ffiaa4 " eeatraetd 1i9wed, rl ldt ej good eA40ga. LCa;Ata 49* a" gad. ;Mw Gets a Jew A*oLleracd atat w4wa d to. eAr.10 ae'rea sac O&tw a ad aer. o4ak �oacerell io &Aea aaoe& 'r1O ae'rcd oat as uoslte am oA&O* ea. Aweofe s ttua 4 ere ew4,&* 4 A4&4t . o� eaaG de -sere, &Aea aagatlatload. Sartre a w* is a&~ it & io Lamest aacd waasac Le4a9. 4 sac dms t arteacd cal r% sac. Wva 4 4 6 ~castled. 3'r 4 eorrdGlva "e" Grts agwa woe oat W4,jw g. lakes Page -10- eoat gooac. ?"er m avc ease w rAwacgk eAa, and taw u euld laj &fir i rota are aiitavu, e041 lotm AMW4"we a aoaa ww4a. .Z'iAC + 3 loam owe MA „cot ddle to Sutld 44640 can me "e t,(euNe 6mi? R nau, aoa daic't �f�roaa. ?wade oat u�et landm. P%&%ltgc im get t�% d to m clewed aw a+sd qet aestle41 eana-0tacetlo�c. C1� � %X�ar Gicvolued, ?lJeYl let t,(re elt� xGrk convaraatlen u e .Fad dat 9-4* awe w4a e&e A*4vt ae+ wadi lldt *. t eac ealdeaae le4vf ade�ncd dam e� w loose. x - Need to da all ate e" to aoae t iat M# am OOM4am aaal�le. '�'llot watft and acewen to eontinae chat, "64, arm, ZUe dnturd to Aft mt tiat. wW aa+e d won a" a UWaw sl eod&, 06W as a wa4eMr f tool. eloac'*Ar. 6 A4wee a wzou* tic next jeaat Ot*4 ape 4 ew got„eg to dlg u kat me dad to 04, dT 0" w4teseal. 91 deyc steal Gill ma&-,t&e, that m vo" A4&Aete*. ?Juxet 440 and ita ** weo%4 �lll, . Arw and_ Ojase to ncget�atc t�(re eltay. aaaaay te~wsea eeatM qj*t Fad weal goad ze Aw"e ** ,w� oe;xc neg a4& aa,ti(c ka6vat. 4,0w"*ed e4e weettrf at 7:52 P.m. AFFIDAVIT OF &LISHER OKEECHOBEE TAMES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared 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 PUBLIC NOTICE PO # 12635 in the matter of CITY COUNCIL MEETING NOTICE CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974-2932 941-763-3372 In the Court, was published in said newspaper in the issues of 07/1.51204 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A. Hughes r., (Publisher) Sworn to and subscribed before me this day of 9U-1t', A. D. 2004 SEAL Notar Public (SEAL) y ; 2osY P : Rosealee A. Brennan Commission #DD318483 Expires: Jun 25, 2008 Bonded Thai Atlantic Bonding Co., Inc. CITY OF OKEECHOBEE July 20, 2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 4 I. CALL TO ORDER - Mayor: July 20, 2004 City Council Regular Meeting, 6:00 p.m. Il. OPENING CEREMONIES: Invocation given by Pastor Shawn Hill, Basinger Church of God. 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 Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea IV. MINUTES - City Clerk. . A. Motion to dispense with the reading and approve the Summary of Council Action for the July 6, 2004 Regular Meeting. V. WARRANT REGISTER - City Administrator. A. Motion to approve the June 2004 Warrant Register. General Fund $388,535.83 Debt Service Fund 99,682.48 Industrial Development Fund 49,222.00 CDBG Grant Fund 18,422.06 Public Facility Improvement Fund 2,500.00 JULY 20, 2004 - CITY COUNCIL AGENDA - PAGE 2 OF 4 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 862 regarding Street Closing Application No. 72, Southeast 2nd Street - City Attorney (Exhibit 1). • b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 862 by title only. 2.a) Motion to adopt Ordinance No. 862. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 863 regarding early voting - City Attorney (Exhibit 2). b) Vote on motion to read by title only. 0 c) City Attorney to read proposed Ordinance No. 863 by title only. 2.a) Motion to adopt Ordinance No. 863. b) Public comments and discussion. c) Vote on motion. JULY 20, 2004 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1.a) Motion to read by title only proposed Ordinance No. 864 regarding Rezoning Application No. 04-005-R submitted by Carol Johns, Lots 11 and 12 of Block 34, First Addition to South Okeechobee - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 864 by title only. • 2.a) Motion to adopt Ordinance No. 864. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. A. Discussion and update on the Industrial Park - Gene Schriner. • B. Consider proposed roll back rate, millage rate and budget workshop dates - City Administrator. C. Approve proposal from Okeechobee Utility Authority to purchase Lot 1, Block K in Central Park - L.C. Fortner (Exhibit 4). D. Consider a request for an on -site parking reduction for a new office building on NW V Street - Devin and Elizabeth Maxwell (Exhibit 5). E. Consider a request for a parking reduction for the addition to an existing office building on the corner of NW 2"d Street and NW 511 Avenue - Mark Troendle I 0 JULY 20, 2004 - CITY COUNCIL AGENDA - PAGE 4 OF 4 VIII. NEW BUSINESS CONTINUED. F. Discussion related to recommendations from the Code Enforcement Board regarding Marvin Brantley issues and a fine reduction pertaining to the property of Raleigh Parsons. G, 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 purposed 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. • EXHIBIT 1 JULY 20, 2004 AGENDA ORDINANCE NO. 862 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE SOUTH 30 FEET OF SOUTHEAST 2ND STREET AND THAT UNPLATTED PARCEL AS DESCRIBED HEREIN, BETWEEN 5T" AND 6T" AVENUE, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 2, PAGE 4A, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION; 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 a Street Closing Application (No. 72) from Gary Eubanks for the closing of a portion of a certain right-of-way 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 right-of-way described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A portion of the 100 foot wide right-of-way (R/W) of Southeast 2"d Street (formerly known as Seventh Street) and a portion of the former, but now abandoned, right-of-way of the Florida East Coast Railroad Spur, lying North of, adjacent to and coincident with the North line of Lot "L" in Bock 252, Plat of Block 252, Okeechobee Florida, according to the plat thereof recorded in Plat Book 2, Page 4A of the public records of Okeechobee County, Florida, being more particularly described as follows: Beginning at the Northwest corner of said Lot "L" in block 252, thence proceed North along the North extension of the West line of said Lot "L" in Block 252, a distance of 30.00 feet to the intersection with a line 30.00 feet North of (measured at right angles to) and parallel with the aforesaid North line of Lot "L" in Block 252; Thence departing said extended line, run East along said parallel line and the East extension thereof, a distance of 242.00 feet to the intersection with the North extension of the East line of said Lot "L" in Block 252; Thence departing said parallel line, run South along said extended line, a distance of 76.10 feet to the Northeast corner of Page 1 of 2 0 • said Lot "L" in Block 252, said curve is concave to the Northwest, parallel with and 10.00 feet Southerly of the center line of the aforesaid Florida East Coast Railroad Spur and is referenced by a chord distance of 127.00 feet; Thence departing said extended line, run Northwesterly along the arc of said curve and Northeasterly lot line, to a point that measures 123.55 feet East of the aforesaid Northwest corner of Lot "L" in Block 252; Thence departing said arc of curve, run West along said North line of Lot "L" in Block 252, a distance of 123.55 feet to said Northwest corner of Lot "L" in Block 252 and the Point of Beginning. Section Two. In the event that the said applicant or his successor in interest fails to obtain within twenty-four months hereof a certificate of occupancy for development, then said right-of-way shall be declared open and the provisions of this ordinance declared null and void. 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 setforfinal public hearing the 201h day of July' 2004, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 15th day of June. 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED and ADOPTED on second and final public hearing this 20`h day of July, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor 0 . MEMORANDUM TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk `A SUBJECT: Ordinance No. 862/Street Closing No. 72 DATE: July 14, 2004 This is the final public hearing for Ordinance No. 862 regarding Street Closing Application No. 72 submitted by Gary Eubanks, property owner. Vicki Aaron and Chris Close are representing the applicant. The request is to close a portion of Southeast 2"d Street between 5th and 6th Avenues to make it a 70-foot wide right-of-way. Please see attached map. ► All fee's have been paid ($195.00). 10. The ordinance was advertised in the Okeechobee News on July 9. b. There were no easements required according to the utility company representatives. ► The right of reversion is addressed as requested by City Engineer Bermudez. The reversion states that should the proposed project not receive a Certificate of Occupancy within 24 months of July 20, 2004 the ordinance is null and void. ► There was an issue with the ownership of what use to be Lot N, north of the street. The applicant or representatives were to supply confirmation of ownership. My office has not received any additional information to date. See attached map for detail description of this area. ► There were 49 certified letters mailed to the surrounding property owners within a 600-foot radius, with no responses to date. Please contact me should you have any questions. Thank you. • • APPLICANTS HAVE FOUND A ROAD PLAT BOOK WHERE ROADWAYS WERE DEDICATED TO OKEECHOBEE FROM DOT. THIS AREA WAS SUPPOSE TO BE RECORDED IN ROAD PLAT BOOK 2 PAGE 10. HOWEVER THEY HAVE DISCOVERED THAT THE RECORDING WAS NOT DONE CORRECTLY. THE DOT OFFICE IS MAILING A COPY OF THE AREA THAT WAS RECORDED IN ROAD PLAT BOOK 3, WHICH IS SUPPOSE TO- INDICATE THAT THE SMALL TRIANGLE PARCEL WAS DEDICATED FOR ROADWAY PURPOSES AND IS NOT rm- STATE PROPERTY. 120.50' (PRORATED 4*Q OWNEPspap BE `ED i I ' I � _ I W 0 0 \ 242'(D) AREA TO BE CLOSED . A E 123.70' (PRORATED) SOUTH R/W LINE *P ESTABLISHED BY 100' PARALLEL O/S FROM NORTH R/W LINE (aunt a 0 gt 242.39' 242'(P) TOTAL 62,184. 1.43t AREA 9 t S.F. ACRES 197.97' (PRORATED) 242.55' 242 (P) me. �o` r► (MGM ./$ w,o.r„r1 ( T) N V O U, a, 0 Please type or print: CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION 1004 SW 3rd Avenue Okeechobee, Florida 34974 Not applicable See attached leqal description of proposed closing Additional land area is required for future development �I APPLICATION NO: ��1,�11► (��htY�(. Note: if property is in two names by the word "and" both signatures are required (for example: Jim and Jane Doe). SIGNATURE APPLICANT: OF APPLI /ANT: SIGNATURE OF CO -APPLICANT: , `-I!gA� C/J»�AlnS Not applicable Print name: Gary Eubanks Print Name: The foregoing instrument was acknowledged before me this May 24, 2004 by (date) Gary Eubanks and , who is personally known to me or (applicant) (co -applicant) —= who produced as identification and who did (did not) take oath. VIK W N MYCOW, Newry Public, Commission NO. DD027331 ? EXPIRES: June 26,2005 (SI lature) '"°T^R�"��S'o5°1��oNF, n (Name of Notary typed, printed or stamped) id 3 TUTS LANX n Form 4Sj Floddn WARRANTY DEED—(9tototoq• Form) Tuttle Lew Fr1nr Puhhshets,RuUan0,'Vi ®, noon Z3 .Made this 20 day of June ✓1. D. 19 58 Between T.T.Clamp and Lilian IN Clamp his wife of the County of Paltn Boaehl, in the St t f Florida parties of the first part, .and D.L.Eubanks an fs wi£e Lavar May Eubanks j3'('j ai i of the County of 01ceeehobee in the State of Florida part ies of the second part, Witnesseth, that the said parties o the Just part, for and in consideration of the sum of Ten 'Dollars and noxioo to them in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, 1 2,ve if*anted,•bargained and sold to the said part, Jos of the second part,j•- their heirs and assigns forever, the following described land, situate, lying, and being in the County of Oheec hobee , State of Florida, to wit: ' Lots K L and 0 of block 252 -of—the town of Okeee 'hobee,Florida as shown by plat of said .town recorded in records of Okeeohobee County, Florida. This Conveyanc a is given s ubject to reservations of records. qnd the said part ies of the first part do herebyclaims o fully warrant titleto" land, and will defend the same against the lawf?j,1, f allPersona whomsoever. In Witness Whereof, the said parti j,8 of the first part have hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered in Our Presence: State of Florida, ecOK 23 PAGE292 County of I HEREBY CERTIFY, That, on this day personally appeared before me,, an ofjlcer duly authorized to administer oaths and take acknowledgments, J.T.Clamp and Lillian W Clamp his wifei to me well known mnd known to me to be the individual described in and who fore me that be executed the foregoing deed, and have acknowledged executed the same freely and voluntaril4i for the purposes therm r expressed. WITNESS my hand and of}l ial seal at Z�/r�r>w/ yVr v 01 UU). County o tea-' �'/ ld , and State of Florida, this /0.o;.a� ✓ G� , day of r ^t . 1 Public ,My Commission Expires Kota r y •., Notary Publio S1.te of rlorlda of InrG6 _ r ••• My rnmmisslon e>:plres lune 1, 1960 J ., ,��•),rd1 Dwided by %srnericun Surety Co, of 1d. Y. '�. �•.`, ti% m b ti a y c7 C�v, G ro510. P�rb�O M n � � �n r ►VYj Q � � (D ti, L F 3"' 64 C. � n O C r, P ( �iy w N. O ti bN Q4;r , C0 �Q cti �.�,cooP�tJ 2s Cb Q M SWVITIIMa!3 $3NAV" J1.uli' 0361 V l� •,tlNIIOJ 3380HMMO aa0a314 11 • FILED FOR RECORD 1; ,r;�c ! ()t!t4TY, Ft.!. 9914AY 26 PM 3, 39 Aitu IUbEit I'�� CLERK OF CIi(RCUIT COURT IN RE. The Estate of LAVAR M. EUBANKS, Deceased • o;?0LE22 (AGE2000 IN THE CIRCUi't COURT OF THE NINI�TECHE -l"l"l JUDICIAL CIRCUIT IN AND FOR cOKEEIIFF: COUNTY, FLORIDA. r ✓ PROBATE CASE NO 99-19-CP JUDGE. JOHN E. FENNELLY - ,7:) et;• ::ems mil? 10 o ' 00 O AMENDED ORDER DETERMINING HOMESTEAD REAL PROPEI2"IA AND ORDER OF SUMMARY ADMINISTRATION, (Testate) On the Petition of GARY EUBANKS, liar an Ordcr Determining Flonlestead Real ProperIN and Ior Summary Administration of the Estate of LAVAR NI EUBANKS, tile Court fiildlil_L' that the decedent dled Oil June 13, 1998; that all interested persons have been served proper notice ofhcanng or hat c waived nutit e thereof, that the material allegations of the petition are true, that the decedent Was donticiled tin Ol.ecchnbec County, Florida, at the time of decedent's death; that decedent was survived by one or more lulcal descendants; and that at the time of decedent's death, decedent owned real property described in the petition upon which decedent resided; that decedent's estate quahGes for sunlnlary administration, It Is therefore. ORDERED and AD.IUDGED: 1 THAT the following described property Lots K and L of Block 252, of the town of Okeechobee, Florida as shown by the plat of said lott'n t`ccunlcel in records of Okeechobee County, Florida. Together with a Hillcrest Mobile Flomc IDN 0261 I656G, Title 105021 15 constituted the homestead of decedent within the nleanulg of Section 4 of Article X tlf the on ,tiluurnn of the State of Florida 2. THAT title to the above -described property descended to decedent's lineal descend;uits and that there be immediate distribution of said property to GARY EUBANKS, as to 100`%, interest. free itf;im claims by decedent's creditors 1799t 31350 WIT) 1 Y;k, ,t, ,;:: • I to I DONE AND ORDERED this �ay of J NA FEN�I r 0 Circ$ rJudge copies furnished to. Laura Ann McCall, Esquire I- C:> C'- V) C) t— U 136- Cn 0 -cx 0 0 Cn 17995-3WOWDI 21je • BE KRO Ll, 2 2 PAGE2 0 0 1 1999 v I MAY. 16. ZC104 9: 34AM COMELY & CONEL'r PA f 10. 1�z P. • • Proposed Right -of -Way Abandonment Parcel: A portion of the 100 foot wide right-of-way (R/W) of SE 2'd Street (formerly known as Seventh Street) and a portion of the former, but now abandoned, right-of-way of the Florida East Coast Railroad spur, lying North of, adjacent to and coincident with the North line of Lot "L" in Block 252, PLAT OF BLOCK 252, OKEECHOBEE, FLORIDA, according to the plat thereof recorded in Plat Book 2, Page 4A of the public records of Okeechobee County, Florida, being more particularly described as follows: BEGINNING at the Northwest corner of said Lot "L" in Block 252, thence proceed North along the North extension of the West line of said Lot "L" in Block 252, a distance of 30.00 feat to the intersection with a line 30.00 feet North of (measured at right angles to) and parallel with the aforesaid North line of Lot 'V in Block 252; Thence departing said extended line, roan East along said parallel line and the East extension thereof, a distance of 242.00 feet to the intersection with the North extension of the East line of said Lot "L" in Block 252; Thence departing said parallel line, run South along said extended line, a distance of 76,10 feet to the Northeast coiner of said Lot "L" in Block 252, said corner being a point on the arc of a non - tangent curve in the Northeasterly line of said Lot "L" in Block 252, said curve is concave to the Northwest, parallel with and 10.00 feet Southerly of the center line of the aforesaid Florida East Coast Railroad Spur and is referenced by a chord distance of 127.00 feet; Thence departing said extended line, run Northwesterly along the are of said curve and North- easterly lot line, to a point that measures 123.55 feet East of the aforesaid Northwest corner of Lot 'V' in Block 252; Thence departing said arc of curve, run. West along said North line of Lot "L" in Block 252, a distance of 123.55 feet to said Northwest corner of Lot "L" in Block 252 and the POINT OF BEG1NNiNG. Said parcel of land containing 10,344 square feet, more or less. 0 Authorized bun r\tk 06c((;11 /-I-- Typed Name & True y(-,-7-3 -2 o ? Phone No. S 1�C21,%" 1 �FtS AO B6�5Fcit od LsrZ, 8C3-45Z- 318S Typed Name & Title Phone No. JAdelptiia',Cab'�e �o D 6J eG7TO.v OkeeGFioliee` FL';3!9`T2 863 1 3.2187... Authorized SignatTly Typed Name & Titl4 7r� (4l r_e-S%ec-f Date o�LS/ Date Phone No. Date /1 o Ald. at Sew e- %.n ,j— j.J -rile. A ot%A- ". j Y s D lAea 4� 464,ve0,Nn,X,JT - nJa o Q z.A o 's %Wo•,J 763-94o S-2.1 Typed Name & Title Phone No. Date Required Only For Ci of Okeechobee & First Addition to City of Okeechobee Subdivisions: ,' MN"MbF rY q'�' • h`.G'. Chu/�G.een�;s PL37L33/�'f s ai•o� Authorized Signature Typed Name & Title Phone No. Date i Page 3 &b9."ao 1cahCR6td4 ih""n ro,pp 13, then paid. TI- C'06Cb- '114 .000 Low: WIL0',"i4AV` 44.4, Oh6tityq etkibm� ITM FzY see attached memorandum PUBLIC!WORKSi% DEPARTM N Authorized Signature Date Authorized Signature Date Donnie Robertson, Public Works Director Oscar Bermudez, Engineer Typed Name & Title Typed Name & Title No comments or objections. POLICE DEPARTMENT 5-25-04 -"�Cuthorlzed Signature Date Tommy Raulerson, Major Typed Name & Title t.; No comments or objections. FIRE DEPARTMENTr'� 5-25-04 Authorized SigAature Date William Douglas, Battalion Chief Typed Name & Title ADMINISTRATION -''� ITIt, ". V. c. v Authorized Signature Date Bill Veach, City Administrator Typed Name & Title APPLICATION APPROVED BY: I ) -J�' dLo cu 6iv- r I/(- LANEIGAMITOtA, CITY CLERK DA(rE I V Revised 413/03-LG lb Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: May 26, 2004 Re: City Right -way- Closing application from Gary Eubanks Application No. 72 The Engineering Department has visited the site and reviewed the City Maps at the intersection of SE 2nd St and SE 5th Ave. and found that future problems may be generated, if the owner of Lot O, right across from lot L, claims that its Property Line encroaches into the City Right -way (the two property lines appear to be parallel). It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning the street right-of-way without properly clearing this situation. -street Closing Applicatioo. 72 6 514 3 2 1 6 s[4].1 413121 1 (st Street 7 811111 9 1 111 7I$ 911�11�1?� �5I6I7 81 9 surrounding Closed Alley's I8 S 4 3 2 1 6 5[4]3 2 1 Q 6 5L413 2 1 Surrounding Closed Streets s� o d �i i p y 711 — 7 9 9 11 7 D 8 1 111 F- 7 8 9 1 t11 w 7 8I9NEZ� 111; I I I `1 11 Z D Z i 6 5 4 3 2 1 8 5 4 3 2 1 6 5 4 3 2 1 6 5 4 3 2 1 6 5 4131211 5 4 3 2 1 7 8 91 111 7$ 9 111 7 8 91 111 7 8 91 1112 7 8 91 111 8 7 8 i� 65432 1 7 $ 9 1171, AK ST ( 0 ) (U ) $ 5 4 3 2 1 6 5 4 3 2 1 61514 H 2 1 11 7 8 9 7 8 9 1) 7$ 91 111 NokT)4 EA5T pA-RK;'S' (SR -10 EASr)r 6 5 4 3 2 1 71111 M7 11311'4 11 I II [ 17 3 0 7/20/04 AGENDA ITEM IV. PUBLIC HEARING. A. 2. THE APPLICANTS REPRESENTATIVES ARE REQUESTING A MOTION TO TABLE THE PUBLIC HEARING UNTIL AUGUST 3, 2004. THEY NAVE RECEIVED THE MAP FROM DOT THAT NEEDS TO BE RECORDED INDICATING THE LOT FORMERLY KNOWN AS LOT N BELONGS TO THE CITY FOR RIGHT OF WAY PURPOSES. DOT ONLY SENT THEM A PAPER COPY TO BE RECORDED AND THE COUNTY CLERKS OFFICE REQUIRES A MYLAR. POSTPONING THE HEARING WILL GIVE THEM TIME TO OBTAIN THE MYLAR AND NAVE IT RECORDED IN THE OFFICIAL RECORDS. I HAVE DISCUSSED THIS MATTER WITH ATTORNEY COOK AND HE AGREE'S THIS WOULD BE THE APPROPRIATE PLACE TO HAVE THE MOTION TO TABLEE, RATHER THAN "A MOTION TO ADOPT ORDINANCE NO. 86Z" PLEASE CONSIDER "A MOTION TO TABLE THE ADOPTION OF PROPOSED ORDINANCE NO. 862 UNTIL AUGUST 3, 2004." /L. GAM/OTEA The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE FLORIDA COUNTY OF OKEEC OKEECHOBEE Before the undersigned authority personally appearedPIjBL1CN0iffCE°' - ,-'_�, n.„,i•'",,,._' Judy Kasten, who on oath says she is Publisher of the Okeechobee :,'a', „".t��' CONSIDERATION OF ADOPTING News, a DAILY Newspaper published at Okeechobee, in CITY ORDINANCES Okeechobee County, Florida; that the attached copy of advertise- PLEASE TAKE NOTICE thatthe Ci�ryy�ouncilot the City of Okeechobee, , Horfda wetonTuesday, Jbly �0 200dat8:A0 . th or soon thereafter! at.Ctty "Okeacbo4W ment, being a pbssihle, Ha8r55 SE.3id•$ve FL W2 cdnduct;i, POBUC HEARING on add thereaf6sr.da't�sMer 8ital rdadl? of the tolkWw +. -Ing Ordiiiarlce tptor law., STNWr CLOSING. (ORDIitAN0 0..i82 AIt ORDINAKIE LIMIN0 .YACATIN8xAV0.AYANDONI THEclOttHiO�FEET�i6110 2Nq� ADID'HgttlN P 71SD�,8CRIBED' IN'BETWFUNDtE�EIi 5rftaNFYaTN Yaatr Ora AsaE=� -- -- - M11M #rinn ni0 r2iwlydn�AA, UBUTr A6sE,CORD n in the matter of \` v in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ,C' `c``� _0. �>M Affiant further says that the said Okeechobee News is �ranP.fo—WNW, a newspaper published at Okeechobee, in said Okeechobee Sid County, Florida, and that said newspaper has heretofore been tCt!t+l• published continuously in said Okeechobee County, Florida „ AIInote r the, each week and has been entered as second class mail matter at Md headn .jhapW members of -the OW it the post office in Okeechobee, in said Okeechobee County, ness hours, Mon-Fd..a Florida, for a period of one year next preceding the first PLEASE TAKEN publication of the attached co of advertisement; and affiant appeal red 4thidedish a p PY considered at this trey further says that she has neither paid nor promised any person, the Proceedings,'ert& record of the proceedi firm or corporation any discount, rebate, commission or refund "and evidencstqori wh for the purpose of securingthis advertisement for publication in sere purpose ofbacq the said newspaper In datiortom 288pp,26, q later ttnntW�,a (2ka�d Sw to d su ri d before me this ' CT .t:di:v4i :tt t'3r day f AID 20 �4920.48,00/1 Aft, i R. Brown Note Public, State of orida at LargP�o e'= Commission #DD272118 ..;;rz Expires: Jan 17, 2008 }'a of i Bonded Thru I I Atlantic Bonding Co., Inc One RSF-t) to Heavq'Commerciat r d 703 9o(uttt ) zpd Avenue, aria erieburaged td i aheand pp' �Vgqpa2e In Ordnance may be inspected IniLfenYrety by e Office of a City Clerk during regular busr- t:BDpm, exC'pt far holidays. M eE AbviSEb that It any persons desires to iy the City Council with respect loarry matter such interested person wiY need a record of ich purpose may. need to ensure a verbatim i made which record includes the testimony - aaeoeal is to be based: City Clerk are for the .: • EXHIBIT 2 JULY 20, 2004 AGENDA ORDINANCE NO. 863 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, EXEMPTING ITSELF FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES, SPECIFICALLY RELATED TO EARLY VOTING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has adopted revisions to Section 101.657 of the Florida Statutes, said section relating to Early Voting; and WHEREAS, State Law allows the City of Okeechobee to "opt out" of the provisions of Section 101.657, the Early Voting requirements, by adopting an ordinance stating such intent; and WHEREAS, the City of Okeechobee is contracting the Early Voting requirement to the Okeechobee County Supervisor of Elections, as provided in State Law; and WHEREAS, the City of Okeechobee feels that it is in the best interests of its citizens to opt out of the early voting provision contained in Section 101.657 F.S. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. That the City of Okeechobee hereby exercises its right to exempt itself from the provision of Section 101.657, F.S. and shall contract with the Okeechobee County Supervisor of Elections to conduct early voting for the City of Okeechobee at the Office of the Supervisor of Elections and any other early voting sites the Supervisor may establish in public libraries and/or city hall. SECTION 2. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 3. That this ordinance shall take effect immediately upon its adoption by the City Council of the City of Okeechobee, Florida. INTRODUCED for first reading and set for public hearing on the 6' day of July, 2004. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, Mayor Page 1 of 2 f� ADOPTED after second and final reading at a public hearing held this 20th day of July, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 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-p� T godda wills ment, being a pbuible, at 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 IM Affiant further says that the said Okeechobee News is '"' `� 0SWIM i nwq;p4�(oslisutirnrT- y + ro ed Wk CNtdC.' Then ebtis to a newspaper published at Okeechobee, in said Okeechobee i , iFkst'Addltibnto � chhobee item^ St a :50ne (RSF-t), to H County, Florida, and that said newspaper has heretofore been 1CH1f}q 13 toca ,,1703 Southwest, MAver= published continuously in said Okeechobee County, Florida A#: yps y� suraged 106 and.Arficipahm each week and has been entered as second class mail matter at iditearktd The ' Ordinadcemay beinspected innsentirety by ntettibars'af�ibe' 6i the Me of the City Clerk during regular busi- the post office in Okeechobee, in said Okeechobee County, ,dm srMor1-W&trf4:30pm;except for holidays., K,,, r ktP ..>.i, Florida, for a period of one year next preceding the first PLEASETAKEi�titl�EA1NDOtADVISEbthathanypersonsdesiresto publication of the attached copy of advertisement; and affiant an deonmade by1fteAityCouncil wbhrespectto any matter currsidered of itrjs i1Q8ring,'suelt Interested' person, Will need a record of further says that she has neither paid nor promised any person, ths, a caedirr�.•arrh.tor sitc purpose max need to ensure a verbatim d �e yrRtxedkrgs.iit- a, which record inc des the testimony - firm or corporation any discount, rebate, commission or refund wkNktce WfYcltthe al is to be based C Clarkaietorthe for the purpose of securing this advertisement for publication in h . ds f 'Cl ' ba 2lfB2ti dis - -r - < =G -- •- �- �=. -,.. the said newspaper. �r er�pate pheirtt�Ie.geaas • r liter, (?}`wo d dayR, or pptdbc neq ` br shou caKT001-809-�2-3448 (voice} or Sw to d su �.d before me this day f _,\t AD t�20 :492a46Ott7':i1 cyyi „'�:`fi�ri? ',;x/, Nola Public, State of orida at Large°{1� Ua/r I" "lilVil R. BrOWll Commission #DD272118 a.o Expires: Jan 17, 2008 of n°P Bonded Thru "" Atlantic Bonding Co., Inc EXHIBIT 3 JULY 20, 2004 AGENDA ORDINANCE NO. 864 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 HEAVY COMMERCIAL (CHV) 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. 04-005-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.325 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) 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 ENACTED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: Lots 11 and 12, Block 34, FIRST ADDITION TO SOUTH OKEECHOBEE, according the plat thereof recorded in Plat Book 1, page 17, public records of Okeechobee County, Florida. Said lots lying in and comprising a part of Northeast Quarter (NE 114) of the Northeast Quarter (NE 1/4) lying West of Parrott Avenue, in Section 28, Township 37 South, Range 35 East. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District. Page 1 of 2 0 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. 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 Wh day of July, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 201" day of July, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 �m MEMORANDUM To: Mayor and Council From: Lane Gamiotea, City Clerk Subject: Ordinance No. 864/Rezoning No. 04-005-R Date: July 14, 2004 This is the final public hearing regarding Ordinance No. 864 to consider approving Rezoning Application No. 04-005-R. The application was submitted by Carol Johns. The request is to change the zoning on a parcel of land located at 1703 Southwest 2"d Avenue, from Residential Single Family -one to Heavy Commercial. • All fee's have been paid. • The ordinance was advertised in the Okeechobee News on July 9. • The Planning Board voted unanimously to recommend approval (June 22, 2004 Meeting). • Planning Staff is recommending approval • The General Services Department mailed twenty-nine courtesy notices to the surrounding property owners with no responses 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. • 0 City of Okeechobee General Services Department 55 S.E. 3" Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: r�l a4 I1Jt.� Fee Paid: � rsn n no Ist Hearing: (-9 I a q, 10 Publication Dates: Notices Mailed: Petition No. 04 _ n n5 - (z Jurisdiction: r e) -I- co, 2nd Hearing: -7! (D + - / ), O Uniform Land Use Application Rezone - Special Exception - Variance ��,✓ Name of property owner(s): i �0 p A U a 1� _ I A C I v/ t r_ POwner mailing address: �; � 1 3 I � P I Name of applicant(s) if other than owner (state relationship): a a S - D l� e L I Applicant mailing address: �j � h 3) I -7 nke e r- ko A e 2 f L �/ q 7 ) A Name of contact person (state relationship): N - /' T Contact person daytime phone(s): r ti5 o�/l US �61--]3� ? Fax: `t 6 ,? —q( w I✓ Property address / directions to property: 1-7 O Indicate current use of property: Describe improvements on property, Ii�nc_luding numbeer+/type of dwellin and whether occupied (if none, so state): Tc/ F F—r4 tA� 1� Y`0o ?6z — Ti C V�I I �. �VA 1 ��' r V� CA�� Approximate number of acres: 3 �5 ILL Is property in a platted subdivision? (PQ g 1 P Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: Ai O 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: J 0 E R Is a sale subject to this application being granted? D T Y Is the subject parcel your total holdings at that location? If noO�tj describ the remaining or i tended uses Q. _�v• 1"af�u'f+-✓aCcthi It,!! J ( Describe adjoining land u s / improvements to the North: �'Q��. IMP Ck e-�� l A a(-0 ne5 S ISouth: o cu,� Co vVA. �o�� East: 6V Yai` M 4 �- tip lti. West: Existing zoning: S,- - Future Land Use classification: C0 mfy)P Y C I C( I Actions Requested: CY) Rezone Special Exception (__) Variance Parcel Identification Number: 3- �S - 3-7-35 - pC)5a-00?)gD -- D I IV ✓ I 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 Lte Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to d imprisonment of up to 30 days and may result in the summary denial of this application. C,a�o f —To � V,5 �- z 4 - Printed Name Dar Uniform Land Use Application (rev 1/03) Page 1 of 2 R E Z O N E S P E C I A L I X C E P T I O N V A R I A N C E Current zoning classification: RS F , Requested zoning classification What is your desired permitted use under the proposed classification: If granted, will the new zone be contiguous with a like zone? Is a Special Exception necessary for your intended use? >J d Describe the Special Exception sought: Provide specific LDR ordinance citation: Variance? �jO 01Hv i Are there other similar uses in the area? Is so, describe Why would granting your reques in the best interest of the area and residents? If business, efly describe nature including number of employees, hours, noise generation and activities to be condu outside of a building: Describe Variance sought: Describe physical characteristic of property that es variance necessary: Did you cause or cont a to the characteristic? Is so, describe: What s- e minimum variance necessary? P". I nf I 0 May 24, 2004 This letter is confirming that ProMed Walk -In Clinic is the property owner, as listed on the attached contract documents. Victor and Carol Johns are the owners of ProMed Walk -In Clinic, and are the applicants of this petition. s� Carol Joh17,161 Victor Johns Date S-- 2 y —Oy Date The foregoing instrument was acknowledged before me this 24`h day of May, 2004 by Carol Johns, who has produced her drivers license as identification. wa Seal: ti''Y' KATRINAVINSON MISSION # DD 228546 Signature of Notary. a MY EXPIRES: July l,2oo7 Bonded Thru Notary Public Underwriters City of Okeechobee General Services Department 55 SE 3`d Ave Okeechobee, FL 34974-2903 Re: ProMed Walk -In Clinic Uniform Land Use Application for Parcel ID: 3-28-37-35-0050-00340-0110 Greetings: The purpose of this letter is to comply with our application for rezoning of our property from residential to commercial use. Below are our intentions for use of this property: • (#2 & #10 on application): We propose to use the property at 1703 SW 2"d Ave (parcel ID 3-28-37-0050-00340-0110) which is presently zoned residential, as a medical clinic. We propose to change zoning to commercial/heavy commercial to accommodate our intended use. • (#11 on application): Intended use is medical clinic. We plan to use the existing house as the office after completing repairs to comply with city code requirements. Future plans include development of the adjoining lot (parcel ID 3- 28-37-35-0050-00340-0050) into medical/professional office complex. • (#12 on application): Existing use of surrounding property: Lots adjoining south are vacant/commercial; Lot adjoining north is a residential rental owned by an insurance firm. To my knowledge, future plan for this property is to be used by this insurance firm for their business office. Lot adjoining east on South Parrott is being purchased by ourselves, ProMed Walk -In Clinic, and is presently vacant. Plan to develop medical/professional office complex on this lot at a future date. Lot adjoining north is on SW 2"d Avenue, and is a single family resident. j� W� �� aL Carol Johns) Walk-In Clinic F I L_E HUM 20040110661 OR BK 00534 PG 0047 SHARON ROBERTSON► CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL RECORDED 06/08/2004 12:03:22 PM RECORDING FEES 15.00 Prepared by DEED DOC 2P799.30 Angela Bragg, an employee of RECORDED BY N Arnold First American Title Insurance Company 109 North Second St. Fort Pierce, Florida 34950 (772)464.7837 Return to: Grantee File No.: 1083-486173 WARRANTY DEED This Indenture made on May 25, 2004 A.D., by Lucy Ann Goglia, a Single Adult and as Trustee of the Lucy Ann Goglia Revocable Trust dated July 2, 2003 whose address is: 3127 Whitney Avenue, Hamden, CT 06518 hereinafter called the "grantor", to Promed Walk -In Clinic Inc, a Florida Corporation whose address is: 3912 SE 11.8th Terrace, Okeechobee, FL 34974 hereinafter called the "grantee": (Which terms "Grantor" and "Grantee' shall include singular or plural, corporation or individual, and either sex, and shall include heirs, legal representatives, successors and assigns of the same) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) 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, Florida, to -wit: Parcel 1: Lots 5 and 6, Block 34 of FIRST ADDITION TO SOUTH OKEECHOBEE, according to the Plat thereof as recorded in Plat Book 1, Page(s) 17, of the Public Records of Okeechobee County, Florida. Parcel 2: Lots 11 and 1.2, Block 34 of FIRST ADDITION TO SOUTH OKEECHOBEE, according to the Plat thereof as recorded in Plat Book 1, Page(s) 17, of the Public Records of Okeechobee County, Florida. Parcel Identification Number: 3-28-37-35-0050-00340-00S0 Page 1 of 3 1083 - 486173 OR BK 00534 PG 0040 Subject to all reservations, covenants, conditions, restrictions and easements of record and to all applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. To Have and to Hold, the same In fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants 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 31st of 2003. In Witness Whereof, the grantor has hereunto set their hand(s) and seal(s) the day and year first above written. Lucy Ann Goglia, a Single Adult and as Trustee of the Lucy Ann Goglia Revocable Trust dated July 2, 2003 —4 A' Lucy Ann oglia Ind/, Trustee Signed, sealed and delivered in our presence: Witness Signature - � SG IG" Print Name: 7� .�'••��L7. D'�iu.i itiiiJ'iaGJ 'trt. Witness Signature" Print Name: Page 2 of 3 1083 - 486173 OFF B.N. 00534 PG 0049 State of ronnecticut County of New Haven The Foregoing Instrument Was Acknowledged before me on May 24 . 2004, by Lucy Ann Goglia, a Single Adult and as Trustee of the Lucy Ann Goglia Revocable Trust dated July 2, 2003 who is/are personally known to me or who has/have produced a valid driver's ' nse as identification. NO Frank W. Pietrosimone, Jr. Notary Print Name My Commission Expires: S Page 3 of 3 1083 - 486173 STATE OF FLORWA OKEECHOSEE COUNTY THIS IS To CERTIFY THAT THIS IS A TRUE AND CORRECT copy OF THE RECORDS ON Fl i SHA H N, LERi D.C. E Prepared by Angela Bragg, an employee of First American Title Insurance Company 109 North Second St. Fort Pierce, Florida 34950 (772) 464-7837 Return to: Grantee File No,: 1083-486173 4UIT CLAIM DEED 111111110111111091 - F I L_E NUM 20040106613 OFF BK 00534 PG 0044 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDED 06/08/2004 12:03:22 PH RECORDING FEES 15.00 DEED DOC 0.70 RECORDED BY N Arnold Made on May 25, 2004, by and between Lucy Ann Goglia, A Single Adult whose address is: , hereinafter called the "grantor", to Promed Walk -In -Clinic Inc, a Florida whose post office address is: , hereinafter called the "grantee": (Which terms "Grantor" and "Grantee" shall include singular or plural, corporation or Individual, and either sex, and shall include heirs, legal representatives, successors and assigns of the same) Witnesseth, that the grantor, for and in consideration of the sum of $ TEN AND NO/100 DOLLARS ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, does hereby remise, release, and quit claim unto the grantee forever, all the right title, interest, claim and demand which the said grantor has in and to, all that certain land situate in Okeechobee County Florida, viz: Parcel 1: Lots 5 and 6, Block 34 of FIRST ADDITION TO SOUTH OKEECHOBEE, according to the Plat thereof as recorded In Plat Book 1, Page(s) 17, of the Public Records of Okeechobee County, Florida. Parcel 2: Lots 11 and 12, Block 34 of FIRST ADDITION TO SOUTH OKEECHOBEE, according to the Plat thereof as recorded In Plat Book 1, Page(s) 17, of the Public Records of Okeechobee County, Florida. Page 1 of 3 1083 - 486173 OR BK 00534 PG 004 5 Parcel Identification Number: 3-28-37-35-0050-00340-0050 Subject to all reservations, covenants, conditions, restrictions and easements of record and to all applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. To Have and to Hold, the same together with all and singular appurtenances thereunto belonging or in anywise appertaining, and all estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the only proper use, benefit and behoof of the said grantee forever. Lucy Ann Goglia, a Single Adult Lucy Ann Gia Ind/,tct Signjed, sealed and delivered in our presence: (� Witness Signaturgi a 'Witness Signature Print Name: �� Print Name: 5 �n S • 7C>2S I V l S In Witness Whereof, the grantor has hereunto set their hand(s) and seal(s) the day and year first above written. Page 2 of 3 1083 - 486173 OR BK 00534 PG 0134-6 State of Connecticut County of New Haven THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED before me on May 24, 2004, by Lucy Ann Goglia, a Single Adult who is/are personalty known to me or has/have produced a valid driver's license as identification. NOTAZX Frank W. Pietrosimone, Jr. Notary Print Name My Commission Expires: Page 3 of 3 6TA3£ Elk Ei MIDA 1083 - 486173 OKEECHOBEE COUNTY THIS IS TO CERTIFY THAT THIS I.S A TRUE AND CORR DFTHE RECORDS ONIs F IIS 0 N, D.C. Dl-zo= I — DATE A - �°�� • 1375 Jacksooeet, Suite 206 Fort Myers, rida 33901-2845 • Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(aatt.net Staff Report Rezoning Request Preparedfor The City of Okeechobee Applicant Carol Johns Owner • Carol Johns From: Residential Single Family to Heavy Commercial Petition No. 04-005 R Staff Report Rezoning Request General Information Applicant: Applicant Address: Applicant Phone Number: Owner: Owner Address: Applicant: Carol Johns Petition No. 04-005-R Carol Johns P.O. Box 3197 1 Okeechobee, FL 34973 863-467-9688 Carol Johns P.O. Box 3197 1 Okeechobee, FL 34973 Future Land Use Map I Commercial Classification Zoning District Residential Single Family Use of Property Single Family Home Acreage .325 Access S.W. 2°d Avenue Location: 1703 S.W 2°d Avenue Commercial Heavy Commercial Walk-in Clinic .325 S.W. 18`h Street Legal Description: Lots 11 and 12, Block 34, FIRST ADDITION TO SOUTH OKECHOBEE, according to the plat thereof as recorded in Plat Book 1, page 17, Public Records of Okeechobee County, Florida. Said lots lying in and comprising a part of NE '/4 of NE '/4 lying West of Parrott Avenue in Section 20, Township 37 South, Range 35 East. Request: The applicant would like to use an existing residence (after completion of repairs) as a medical clinic. The property is designated Commercial on the Future Land Use Map and this rezoning request would allow for a Zoning District (CHV) that would bring the property into conformity with the Future Land Use Map the rest of the Block to accommodate the proposed use. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial Zoning District: Heavy Commercial Existing Land Use: Residence East: Future Land Use Map Classification: Commercial Zoning District: Heavy Commercial Existing Land Use: I Vacant L - -7 0 Staff Report Rezoning Request South: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Existing Land Use: Applicant: Carol Johns Petition No. 04-005-R Commercial Heavy Commercial Vacant Single Family Residential Single Family Single Family Residence The subject property consists of two lots (11 and 12) as described in the attached survey. The lots have an existing single family home and have a Future Land Map classification of "Commercial". The Zoning District for these lots is Residential Single Family. The surrounding existing uses are also mostly commercial except for the residence to the West. The request to change the zoning will make the zoning consistent with the Future Land Use classification and allow development that is compatible with the neighboring properties. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed use is not contrary to the Comprehensive Plan requirements. This property is designated Commercial on the Future Land Use Map and this rezoning will bring the zoning into consistency with the Future Land Use Map. More specifically: Objective I (Future Land Use Element) and subsequent Policies through 4. Objective 1: The location of future development in the City of Okeechobee shall continue to be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and topography. Policy 2.1 (C) (Future Land Use Element) (C) Commercial. Permitted uses include, office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ration of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. Objective 10 (Future Land Use Element) and subsequent policy 10.1. Objective10: The City of Okeechobee shall continue to promote the various and innovative land development techniques. 2 Staff Report Rezoning Request Applicant: Carol Johns Petition No. 04-005-R Policy 10.1: The City shall continue to amend and enforce its land development regulations to encourage development techniques which mix and distribute land uses to accomplish the following: a) make the most efficient possible use of existing facilities; b) recognize and preserve distinctive natural features of the development site; c) protect environmentally sensitive areas within the site; d) preserve open space; e) meet specific needs of the City, such as affordable housing; and 0 promote a sense of pride and community for its residents. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the applicant wishes to develop this property as a medical clinic which is specifically authorized in the CHV Zoning District under Section 90-282 (1). 3. The proposed use will not have an adverse effect on the public interest. The proposed use will cause no adverse effects to the public interest. Currently, the property has a single family residence upon it and the proposed use is what the City has projected for this parcel. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Commercial zoning is appropriate as the subject property is located at the corner 2nd Avenue and S.W. 180' Street. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use is compatible with the neighborhood and will not adversely affect property values or living conditions. The type of development proposed will be comparable to surrounding properties and will create a positive addition to the neighborhood. 3 0 Staff Report Applicant: Carol Johns Rezoning Request Petition No. 04-005-R 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 proposed use can be suitably buffered and will have to meet City Code requirements for site design, landscape, buffering and parking at the site plan review stage. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use should not impact density patterns nor public facilities and services. The proposed use will be located in a district designed to accommodate such uses. This close proximity S.W. 2"d Avenue should eliminate any traffic congestion. Policy 1.1: Approval of development proposals shall continue to be conditioned on the availability of facilities and services necessary to serve the proposed development and that the facilities meet adopted level of service standards. These adopted level of service standards shall be as follows: Public Facility Potable Water Supply Wastewater Disposal Solid Waste Disposal Stormwater Drainage Recreation and Open Space Roads and Traffic Circulation LOS Standard 114 gallons/capita/day 130 gallons/capita/day 13 lbs./capita/day 3 years available landfill capacity Design storm: 25 year/24 hour duration 3 acres/1,000 persons Principal Arterial: LOS C All Other Roads: LOS D 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will not create any inordinate flooding nor would it impact public safety. The moderately low intensity of the proposed use should avoid traffic congestion. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use should be able to develop within the existing City Code requirements and will not be inordinately burdened by any unnecessary restrictions. 4 Staff Report Rezoning Request Applicant: Carol Johns Petition No. 04-005-R 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; it simply allows zoning to be consistent with the Future Land Use Map designation. Summary • Conclusions Priorto Certification The subject property is located in an area, which was developed with commercial uses. The proposed zoning and the proposed use are compatible with surrounding uses and are consistent with the Goals and Policies of the City's Comprehensive Plan. Therefore based on the findings of this analysis, staff recommends approval of the request to change the zoning of the subject property from Residential Single Family to Heavy Commercial. Recommendation Staff recommends approval of the request to allow rezoning from Residential Single Family to Heavy Commercial. Development standards for a specific use will be imposed at the time a site plan is received. Submitted by: James G. LaRue, AICP Planning Consultant June 14, 2004 5 ,, , 10 26 �uMII 99 ill ' I~i a 11 :.F I� o ,� 3 M. ae S. 11 TR STREET I66'1111'1 fi3 4 ! 3 ) I ,-23 I �^ 20 10 13 23 y ! I 2 I 3 4 d 3 c i 5 ,! 3,2 I 13 1 g,�I6 !'A ;1 F i,t 2J t it is 5 is 6 ^I 14 2 20P 2 n 21 ?' �^ STR�€� T4n1 6 r o 5 d 15 3 21 1 22 ___ !, 'I 16 ' 1 f[``` 1.`- 43 ' 16 d b 1 (1,� '� -,7 131 �' T �i 2 i 2 t„a ♦ 3 2 S. M. l2 TR STREET 150' 1 g i 7 5 i T 2 15 16 ti I- -,� 3 1 9 t 3 i 8 5 B 3 �' 1 I t 0 4 4 3 9, 5 4 3 2 1 19 1 9 a 6— 3! 5 i 3? 35 3 a 5 tl 5 20 g —:0 - ; g , 20 jam:- 37 %7 I c ' 22 6 I 21 9 I I l9 0 i—' i SIAEET 1 1 5 6y7 B 5 3 9 Id-- 22 '—frT—'a 12 _ Lt"P-511, _12A 23 T3 g I' 2d ?3 2— t 1 2 3 e / I--. 2 a 2i r. 13 TM STREET 150'1 2 N rII t iM.11 TH STREET 150'I i 3J E �9I _3 L4 !0 9 2 7 5; ;� 5 aC1 I II 15 �_ 6 !2 J6 t--1 '� _ S. IL to TM 5 E Ie0' I - 26 IC I6 4 13 B Z t 1 l 1 I 5 5 i 3 6 6 9 1 1 0 9 f0111 FIE -5—I �7 2 2 9 2 !JI 28 A <tun a3 BI 2 j I? 3 9 J 40 S. M. le TN STREET I50' I _ -0 ' ^ 4 10 — 12!11 9911o5d T2 tF�l 5a 321 30 2B a 5 4 ` 6 !� 5 11 5VC31♦ I D35 ,,11 27 c9 2 1 ! L IA 2A 3A 4A 'A 6A ; a i ?A 1 II �T i t 421 r 22 20 47, 9 6 r r,l J 3 2 1 125 14 IJ 1 1112I 1 /A Z9A 29 ' R a I I �� 1 �? —11 B h 7 '! —d 10 1 4 1 2 g" 27 S 11 5 29 28 {I i I z 6sklerwlsTREEr cfial Ell g 3iB ' i _ 47-6-7T- 2, S M. Ifi TM STREET 7i A l 7 6 3 9 ZQ 33 �1�� B t9 f1, a 56T 1! 5 it 5 5 30 3132j 5.117 TR STREET 150' �C !� j Opt i 3 2 I B BA 4P l 1 7 t.,L�%� s —_ I\ 2 9 d 2 g 3 9 3 2BA 27 Pro P \AAL ( 7 a 9 1 d 1l d �� 5 6 �t 5 a 11 5 5 ?��\iw.I,TR SKEET /�•! I � 5 6 lC� 1 5 t2 6 6 Z5 .<5 5 4ri ',\31 I t , fl-3 I y 2 clrruMln e S. Y. l9 IR SiwEET 12 1\ I 2 4 9 2JA ZONING w4yT(�. ATLAS 1��y p/.�I��ny �y7�prwp G I5/� , T -J r nV� {/ 6J'Vl \ JL 1, ``Y JL Jt./LD� LEGEND JL/ ] 2 1 r_ 2 ,-1 , J'\ `.G 5 I 5 W I , �� lei' �j 5 7 6 5 t 6 I !, 1 11/ �I 6 5 iM.79 .IF� 40T 22 ;�. 3 9 CITY LIMITS •`� �/y��p �T 53Fj., 3 1 j 15 4 7 ; I 1 fQ {I. I `II �� ; r5 v I �— 10 d "a - HEAVY COWMCI!'!L� L' �— - __-r-,i I T S I 3��_AI 'i 5 5 I _f� 12 5 ;`I�, 4 ` T - LIGlT COWMCIAL i; e� g _ I I1 5 3 1 1 _ c 1 N 2 19 CBD — COMMHRCIAL CENTRAL BUSINESS DISTRICT —� �'.2 I I $,�- 3 —�Nh T ,� CPO — CONNMCIAL PROFESSIONAL OFFICE - f - h a 9,�� 10 S.M. 2l ST STREET 150'I 6 1 Q S M.21 ST STREET DSO' j �, •, ._ 16 7 FBI 10 PUB - PUBLIC USE — 9 3 — — --- 12 3� 3 3 CITY LIMITS — H0LDINO ° P"44CMI'v--�— H 45t i —.__i I i i 5IND - INDUSTRIAL I I 2a RMF 3�M T;TSTIEET RMF — RESIDENTIAL MULTIPLE FAMILY H 1L\lII 4 RMH — RESIDENTIAL MOBILE DOME E] 5 5 I i Y IMI S —3 S.K23 RO 'STRIEl1 10'1 RSFl — RESIDENTIAL SINGLE FAMILY — 1 RSF2 — RESIDENTIAL S INM E FAMILY - 2 I I `—' ---�-- �� CITY LIMITS _ - -- 18 27 BOUNDARY SURVEY PREARED FOR CAROL JOHNS na.-,nr,.a/� — — — — — — — .o.r u..ao, ,. — w.,vt.•[ mr.lv�.meaon — — — — .- — — — �awwar,.r..a .os • a- A.• 111 I I OE'SCRIP770N.• I Lo75 5, 6, 11 AND 12 BL" J4, r7RSr AO0/17LW 70 SOUrN QKMMOSE& AS RECORDED mawco`• BV PLAr sow i. PAC£ 17 OF 7N£ PUBUC RECORDS OF OYEE0i08a* COUNTY, FLO PRoxcr sPEaf7C N07Es/2EOEND. 1) UNLESS -WGWV O7 IUWS& ALL aMENSOVs ARC C•4CaIL4 ED(C). �pa, 1) 57T£ AOORESS (LOT 17, d 11) -17af SW. LVO MENU- 8 I J) F/.R.M. ZONE 2OW WXT&RM/Nm PARORL UES W7HhV THE 07Y UMI7M # I I 4) 7N/S S WY IS NOT RVTENDED TO omer WAYM/CI7OVAL AREAS OR OINEF AREAS OF LC CONCERN. y I 5) me suR4£Y DEP/C7ED /IER£ IS Nor O74ERED BY PRCIrES ovw UASY Y INSURANCE. AD 3 : S/RLEY MAPS OP RFPO%S BY 07H&? THAN ME SiQWG PARTY OR PAR77ES IS PROMEUIED touNP/rI O4 r7 Et1OV5 to 01 7H£ -90MG PARTY 0? PARTIES taut IEV CONSFlvT J g 5) DAX Or L45T RaD 9.RY£Y. 05/24/1X S 7) NPP- MXD POW? POLE I� I : "aP r.".• , ape, - m ter " I PREPARED FOR 7HE EXCLUSIVE USE OF I CAROL JOHNS I BANK OF AMERICA nRsr AMERICAN 7I7LE I I N e93r24' E 1427J'(OJ 14250(P) l N 895i14 f 742,7J'(C) I4250 (P) w.or a.o�oa. wui.au�i,aa I Ow �W•..xo. ,m c i I ho,a,a� ea�c +s u.m I 1 � I — - corn Lor s C I I BLOCK J4 4 a BLOCK 34 AIL w 8 �J0-0110J7; S g�n8 B 71�B7AP OASO gJ- B-J7re - - -- nv- ---------_W I mWgw $Wma8 lY� COT 12 w js 4 BLOCK J4 stocy �"""°"°' I w ns,,.,.. war 9oco'co- w �i4is �K � �� N 90D0'00' w 14234(C) 142so(P) I K I I8 b I, s w�B7N slRffr— I _ n Ia at u 2 (BEAR/NC BASE) h! I N 90W00' w Z99.9J'(M) xi00(P) J42. 30(P) - - - 142.46•W) r.zeo(PJ r..orw.a, ( SJANOARO NOTES: LECENO 1. No a-afh o1 V Puak r-aaaa r« da-rmaatlan a arm.ranq « realnctkna •u.ottng rn. i«,da TRADEN'INDS PROFESSIONAL SERVICES, I O-Set IrM Rod and Coo 7NPS 5719 •-Found '%' Cut M b t-s arvya •-, nand ba, Ilud (uW Cap) s -+ounU two («W Cup) 7. ,,. soar ero� �e h« 1a or c . <.a.>t.rr 1« me•• P«tNa noted. SURVEYORS AND MAPPERS ABIR 'd '!S a No ,aaoan-em x �tooalty a aawn•d by te- wsn•ror 1a u•• by oT not aP dra, nom.a 113 NA llth Avenue R�.1.xPrrara.r C•ca w,.p GMf�a M1 Q.• tn• agn•tur- and a,.eaaaa a„a ar nano I:Wd aNwter •� n,wpr lae1O- Al a.....,n mtc.c...a• o-o.p eaw,.. c.,u. .r•. o-tmo a. Not waa ,+tna 4� aDow .wooa,manta t a+ anon. Okeechobee, FL AL 80UNDARY SURVEY 05/24/04 120/38-42 WC KA8 CM-- L-,ZaIwxxx�a Rs•/ -Rom,,.,. rtR. •n... ...n... a Thar-o-.n 9f01Ad "� wa ax- fto.s..n Pr., ak pYClr� ar (.. a -k L.-j t.qw: 6. Na aaa.notoxo "'°d• to lama ,ndarquuna ;�nProw,..+ta and/a --d-nano (B any) o- Pat o1 Tel: (863) 783-28817 a I a[scBwJnvN I osrc, owr I vBiPc ! or 1 cx w .. ,.,fir ,..,,a; „n.�,,,..,, „o..m-wn.,a m..a< yr (axarl a xra-xa d r•pr axp-aw.aw .•w R�'xxarir Ut• YY- a ad f aaror__ .,lh minvnuw t-afnmal alandad•-alooiW, br th- no . o , ' L( lea 4i0r ORAIHAC AWYBLP.' �.. P+ee /o-+a.t .r cr+ar. KC+tia a a,wrr n..xe.e q• 7. This axwY + aid 11app•n (Uaplal 61G77-6. F.AG) graua,t l0 5•elbn aJ2027, Fldida11 L ...+..t r..w a.-e am-aw a a.r.ws aac.ae,,, a r..,,..,,.,�.,n Bo«d o1 S—. rs m ,•rnP.., a R d..n.. nrr...r a.r.,.. ,,.,,..,r, alw,.t St �i I� /� M•IN aaxh w PTA• x•w�...7•"-Mt-N-w 7�? i/ s s.'t i(r-s.w.. • o a•ur.. sue.. saw « - enneth A. Breaux, Jr (PSM 48 �.. -> AGENDA _.. �. IV. NEW BUSINESS. A. Rezoning Petition No. 04-005-R. Consider a recommendation to the City Council to rezone the property located at 1703 SW 2nd Avenue from Residential Single Family One (RSF1) to Heavy Commercial (CHV). ProMed Walk -In Clinic is the property owner, owned by Victor and Carol Johns - Exhibit 1. 0 • June 22, 2004 - Planning Board - Page 2 of 4 DI ACTION - SCUSSION u a ..� ... >, .L �. ... x .....—:,- + __.wi, .n. .... :yea D"�" .`i... N..'Si„?:y Sw[w•rs: ,. «.7;r:'4;'::.. II`J[ Summary of Application: Victor and Carol Johns, owners of ProMed Walk -In Clinic, are requesting to rezone the property located at 1703 SW 2°d Avenue from Residential Single Family One (RSF1) to Heavy Commercial(CHV). Jim LaRue, City Planning Consultant, briefly explained the Staff Report to the Board Members. Planning Staff Report Summary: The subject property consists of two lots (11 and 12) as described in the attached survey. The lots have an existing single family home and have a Future Land Use Map classification of Commercial. The Zoning District for these lots is Residential Single Family. The surrounding existing uses are also mostly commercial except for the residence to the West. The request to change the zoning will make the zoning consistent with the Future Land Use classification and allow development that is compatible with the neighboring properties. Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. This property is designated Commercial on the Future Land Use Map and this rezoning will bring the zoning into consistency with the Future Land Use Map. Noting Objective 1, Policy 1.4, Policy 2.1 (C), Objective 10, and Policy 10.1 of the Future Land Use Element. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the applicant wishes to develop this property as a medical clinic which is specifically authorized in the CHV zoning district under Section 90-282 (1). (3) The proposed use will not have an adverse effect on the public interest. Currently, the property has a single family residence upon it and the proposed use is what the City has projected for this parcel. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Commercial zoning is appropriate and the subject property is located at the corner of SW 2" Avenue and SW 18`h Street. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use is compatible with the neighborhood and will not adversely affect property values or living conditions. The type of development proposed will be comparable to surrounding properties and will create a positive addition to the neighborhood. (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 proposed use can be suitably buffered and will have to meet City Code requirements for site design, landscape, IV. NEW BUSINESS, CONTINUED. A. Rezoning Petition No. 04-005-R, continued. June 22, 2004 - Planning Board - Page 3 of 4 - - . A � TLON -.D' - _ .1 C ISC>f SSION VOTE I buffering and parking at the site plan review process. (7)The proposed use should not create a density pattern that would overburden public facilities, such as schools, streets, and utility services. The proposed use should not impact density patterns nor public facilities and services. The proposed use will be located in a district designed to accommodate such uses. This close proximity SW 2nd Avenue should eliminate any traffic congestion. (S) The proposed use will not create any inordinate traffic congestion or flooding not impact public safety. The moderately low intensity of the proposed use should avoid traffic congestion. (9) The proposed use has not been inordinately burdened by unnecessary restrictions and should be able to develop within the existing City Code requirements. (10) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; it simply allows zoning to be consistent with the Future Land Use Map designation. Planning Staff Report Summary and Conclusions Prior to Certification: The subject property is located in an area, which was developed with commercial uses. The proposed zoning and the proposed use are compatible with surrounding uses and are consistent with the Goals and Policies of the City's Comprehensive Plan. Therefore based on the findings of this analysis, staff recommends approval of the request to change the zoning of the subject property from Residential Single Family to Heavy Commercial. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Residential Single Family to Heavy Commercial. Development standards for a specific use will be imposed at the time a site plan is received. There was no public comment. There was no discussion from the Board. Board Member T. Keller made a motion to recommend to City Council to approve Rezoning Petition No. 04-005-R, based on Planning Staff s recommendations; seconded by Board Member Jones. VOTE JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. EXHIBIT 4 • • JULY 20, 2004 AGENDA OKEECHOBEE UTILITY AUTHORITY P.O. Box 835 Okeechobee, Florida 34973-0835 (863) 763-9460 July 12, 2004 FAX: (863) 763-9036 Bill Veach, Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974-2932 Re: Purchase of Lot 1, Block K, in Central Park Dear Mr. Veach: Attached is OUA check No. 22881 in the amount of $29,500.00 for the purchase of Lot 1, Block K, in Central Park. Please add this to the next agenda of the City Council for their approval of the sale of the lot. Thank you for your assistance in this matter. Sincerely, Landon C. Fortner, Jr. Executive Director, OUA Enclosure f - OKEECHOBEE UTILITY AUTHORITY BIG LAKE NATIONAL BANK 22881 OPERATING ACCOUNT OKEECHOEkEE, FLORIDA 34974 DATE P.O. BOX 835 63-1256/870 OKEECHOBEE, FL 34973 07/13/2004 AMOUNT $ 29,500.00 *** Twenty-nine thousand five hundred dollars and Zero cents PAY TO THE ORDER OF: City of Okeechobee 55 SE 3rd Ave Okeechobee, FL 34974 AUTHORIZfED SIGNATURE 11'02288LO 1:067OL25651: 00 02LE1936112 OKEECHOBEE UTILITY AUTHORITY/OPERATING ACCOUNT 22881 Vendor: City of Okeechobee Vendor No:CITY01 Invoice Number Date 071304 1 07/13/2004 Vendor Acct No: Description Lot 1, Block K Central Park Check Date: 07/13/2004 Check Amount: $29,500 00 Invoice Amount 29,500 00 07/06/2004 14:20 $6376316 CITY OF OKEECHOBEE EXHIBIT 5 0 DULY 20, 2004 AGENDA CITY OF OI%r-'Vv-dEC OB �+ E (863) 763-3372 AGENDA ITEM REQUEST FORM ramw own or brim mop fora bu: City of Okeechobee City Adminiatmtor'e Off= SS SE 3' Avenue Okeechobee, Florida 34974 NAM: De.yir J E1►zahek� ►Mg lajf—kI ADDRESS: _4.0 5- V u ) I rl sitexA- FAX (863) 763-16" TELmom: Co - -1 l t q FAX: MEETING: REGULAR M SPECIAL ❑ WORKSHOP © DATE. STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: h -}- T ,0�, 4;,a !,..,4- f,+4- PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKER WITH THUS FAR: PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: E X Q ►..� o.}, �?ra w. S Q 1 i o'\ PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUES'i AND ATTACH APPLICABLE DOCUMENTS: W PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH SIGNED BY: / 7�1 cif DATE: / INC. ONSULTIN , CNI _\:uNIEr_R, s� a is S .,.MWP F"" (_N1 \(WO;LIL i�AL \NAFFR RFSOURC F5 WATER & VVAti I UVAl FR TR1,riSP(_)R_1-\7 ON SURVEYING S,tit.°PI'lll( PJIMel-, t0l k(',_1It_ Value b0 L)esit;n ` 421 N W 3"Sticet July 6, 2004 Mr. Devin Maxwell Attorney at Law 405 NW 31d Street Okeechobee, FL 34972 (Hand delivered) RE: Shared Parking Agreement Dear Mr. Maxwell: It is my understanding that you seek a shared parking agreement with LBFH in order to meet parking requirements for your new law office on NW Td Street (adjacent to our office.) I have reviewed parking requirements for our facility, and have found the following: • Based on the City requirement of 1 space per 300 square feet, our office is required to have eight (8) off-street parking spaces. • Our office currently has thirteen (13) paved off-street spaces, plus one (1) handicap space. • Our office also makes use of eight (8) on -street spaces along 5rn Avenue. Based on the above, I feel that we have adequate spaces available to share up to three spaces with your office. This agreement, however, shall be subject to the following: • The agreement shall be for a period of one year, with renewals available on an annual basis. • The agreement, drafted by you, shall include a "hold -harmless" clause. • Our corporate office shall review the agreement, prior to final approval. I hope that this letter and pending agreement assists you in moving forward with permitting of your new office. Good luck, and please let me know if I may be of any further assistance. Sincerely, LBFH, Inc. 6--1 Jeffrey M. Sumner, PE Client Service Manager Okeechobee FL ',497_? /js i801) '63-f ; 3 G VEFF-S\OFFICE MANAGEMENT\LETTER-TO-MAXWELL PARKING.DOC FAX i86;i-(,;4)6,) — 0 0 EXHIBIT FOR ITEM "F" JuLY 20, 2004 AGENDA Case # 03-096 Raleigh Parsons Code Board is making a recommendation that the fine of approximately $2,200 be reduced to $110.50 to cover administrative costs and filing fees. Mr. Parsons came before the Board and requested a reduction of his fine. Due to illness and death in his family, he had been unable to take care of cleaning the property. Case # 04-015 Marvin Brantley Code Board is making a recommendation that a civil judgment be filed for the amount of accrued fines, plus court costs. (Boat was removed May 13, 2004) Case #04-016 Marvin Brantley Code Board is making a recommendation that a civil judgment be filed for the amount of accrued fines, plus court costs. (Boat was removed June 14, 2004) Case # 04-017, # 04-018, # 04-019 Marvin Brantley Code Board is making a recommendation that foreclosure proceedings begin in order to enforce the liens. Case # 04-020 Marvin Brantley If not in compliance by July 19, 2004, Code Board recommends foreclosure proceedings begin in order to enforce lien. Jul 20 04 11:11a B & B Site Development a63- - - • •• . oo r�vo CITY OF OKEEI'HD6 ITEM ADDED TO AGENDA 7/20 NEW BUSINESS ITEM G. _ .. .,... EXHIBIT 6 d3 SCWieaur F r-enue '# Oxer( Complete entire application with all applicable attachments and rolurn to the Office of the wiN be contacted to sign off on the application The application is then forwarded to the City ...,...._.., _ _ meeting dais. Please note this applica(lon will cover both a City street and sidewalk. Thera is a separate application should you request the sidewalk only Name of Applicant Address Name of Property Owner Address Street to be Closed Dates to be Closed Tkne(s) to be Closed Purpose of Closing Attachments TEMPORARY STREET AND SIDEWALK CLOSING /3 & 1c. 1De0o,-e1q 1",o,777— /x1r Today's Date e S. /etUc� # �y6 Phone(s) r Phone(e) 4 r'E /I/zv ` -1A A-f - f RCS Iwo Vivo S- & /Vci Original Signaturss of ON reeldentt, property owners and business owners Affected by strAst closing stating whether they approve or object. This can be done on one Ilst. Make sure It It Is a business that the name of the business and owner Is Ieglbte. If it Is a resident make sure the name and address Is legible. (Required of all Applications) Copy of proof of Insurance. (Minimum $1,000,000.00, required of all applications) It any items are being sold on City street or sidewalk than a Temporary Use Permit must be attached for each business participating. Permits can be obtained (mm General Services. State Food Service License It setting food. State Alcoholic eeverags License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sldewalksl arClean-up is squired within 24 hours. OwNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalk*. OrNo donations can be requested If any type of alcoholic beverages are served on private propertylbuolnesa unless you possess a State Alcoholic Beverage License. Please note there are Inside consumption and outside consumption licenses. You must have the appropriate license. IwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. OrDumpaters and portal -lets are required when closing the street for more than 3 hours. 74 Jul 20 04 11:11a " ' V(tVVI LV.Vt PUBLIC WORKS DEPARTMENT t't_I.< Authorise '9ionature POLICE DEPARTMENT wr6orized Signature FIRE DEPARTMENT Authocized Sig ature 3 & B Site Development 863-763-4848 p.3 CITY CF 0kEECH0 W- PAGE 02 MIa Robertson, Public V s Dirtctor Date 1 Typed Name & Title Donn Davis- Chief of Polico Date Typed Name & Title r y�oZp�lc�n� Billy Douglas, Battalion. Chief Dat Typed Name & Title Occupational and/or State License Verified; ADMINISTRATION / ftl L. Veach_ City Adminlstretor Authorized Signature Date Typed Name & Title CLERK'S OFFICE Au t h orizsd Ixgnature - _1J261041 Lane Gamiotoa. City Clerk Dal:Typed Name & Title APPROVEDMENIED BY COUNCIL ON: Board of County Commissioners Okeechobee County August 08, 1998 City of Okeechobee Attn: Bonnie Thomas, City Clerk 55 S.E. 3rd Avenue Okeechobee, FL 34974 Re: Okeechobee County Resolution 98-33 Dear Ms. Thomas: 14, ( �� :SEAL' y" 1917 304 N W. 2nd Street, Room 106 OKEECHOBEE, FLORIDA 34972 (941)763-6441 FAX # (941) 763-9529 Pursuant to direction from the Board of County Commissioners, you will find enclosed a certified copy of Okeechobee County Resolution 98-33, endorsing submittal of an application for acceptance into the Florida Main Street Program by the City of Okeechobee. Please do not hesitate to contact our office if we may offer further assistance. Thank you for your cooperation and may was assure you of ours in all matters of mutual concern. Sincerely, n J Debra Lewis Deputy Clerk David E. Hazellief Gene Woods Clif Betts, Jr. John W. Abney, Sr. Clois J. Harvey George A. Long District 1 District 2 District 3 District 4 District 5 County Administrator RESOLUTION 98-33 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA, ENDORSING SUBMITTAL OF AN APPLICATION FOR ACCEPTANCE INTO THE FLORIDA MAIN STREET PROGRAM BY THE CITY OF OKEECHOBEE; URGING APPROVAL OF SAID APPLICATION BY THE SECRETARY OF STATE; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE WHEREAS, the Florida Main Street Program (Program) has been created to assist Florida con-imunities in developing public -private efforts to revitalize their "Main Street" areas; and WHEREAS, the Secretary of State will select a number of communities to participate in the Program in the upcoming year; and WHEREAS, the City of Okeechobee (City) has decided to submit an application for acceptance into the Program; and WHEREAS, the City's acceptance and participation in the Program with specific goal of revitalization within the context of the Main Street Approach will further the economic development goals of both the City of Okeechobee and Okeechobee County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okeechobee County, Florida, (Board) that: Section I The Board hereby endorses submittal of an application for acceptance into the Program by the City. Section II The Board hereby urges approval of said application by the Florida Secretary of State. Section III The Board hereby directs the Clerk to distribute a certified copy of this Resolution to the City. Section IV This Resolution shall become effective immediately upon its adoption. RESOLVED AND ADOPTED this 23rd day of July, 1998. CLIF T S, JR., CH RMAN BOARD OF OUNTY COMMZS§JUNERS OKEECHOBEE COUNTY, FLORIDA 'S ON ROBERTSON, CLERK BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA - STATE OF FLORIDA OKEECHOBEE COUNTY THIS IS TO CERTIFY THAT THIS IS ATRUE AND COR T COPY OF TH RECORDS ON FILE T S OFFI S_IARON RCa� CL BY 1 D.C. DATE 0 0 c I i)Y RESOLUTION NO. 98-e A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING PARTICIPATION IN THE "FLORIDA MAIN STREET" PROGRAM; AGREEING TO SUPPORT THE LOCAL MAIN STREET PROGRAM AND PARTICIPATE IN ITS ACTIVITIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Main Street Program (Program) has been created to assist Florida communities in developing public -private efforts to revitalize their "Main Street" areas; and WHEREAS, the Secretary of State will select a number of communities to participate in the program in the upcoming year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE; SECTION I: That the City of Okeechobee hereby endorses submission by the City, for an application to participate in the Program with the specific goal of revitalization within the context of the Main Street approach. SECTION II: That the City of Okeechobee agrees to support the local Main Street Program, and to participate in its activities. SECTION III: This Resolution shall take effect immediately upon approval by the City Council and signature of the. Mayor. INTRODUCED and adopted this 1.9K day of tUt 1 f SCLL1aGl James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, Attorney & , .0 ORDINANCE NO. 711 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE CODE OF ORDINANCES, CHAPTER 8, DEFINITIONS; RESCINDING AND RE -STATING SECTIONS OF CHAPTER 8; ESTABLISHING DOWNTOWN RENOVATION DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to regulate and monitor the aesthetic nature of both public and private lands, structures and business' located within the City; and WHEREAS, the City has embarked upon a downtown re -vitalization project and historic preservation efforts to further the goals announced herein, and to formulate a City-wide plan through ordinances to create and enforce the necessary codes to attain such goals; and WHEREAS, the City finds that such aesthetic codes bear substantially on the economic, social and cultural patterns of the community, and tend to promote the public health, safety, welfare, morals, comfort and order of the City as a whole; and WHEREAS, the City believes that reasonable regulations to promote the beauty and aesthetic character of the City in a uniform manner tends to improve the general character of the City and its residents, and bears directly upon the economic vitality of the City as a whole, and is in the best interest of the City and of its citizens; and WHEREAS, the City Council by majority vote of those present has voted to amend Chapter 8, Code of Ordinances, City of Okeechobee; and therefore, BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: CHAPTER 8 is amended to the following: Sec. 8.1 Definitions. As used in this Chapter: Abandoned prooerty means wrecked or derelict items of property of little inherent value, including junk as defined herein, that is placed, stored, or abandoned at a public place or right of way, or such items of property owned by a private person or business entity, and which are located or placed at a location other than the lands owned or leased by such private individual or business entity. Accumulate is synonymous with store, keep, hold, and retain. The term includes the retention or storage of one item, as well as the amassing of more than one item. Garbage means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food items. Junk means scrap metal, tires, and those items including but not limited to items such as dismantled, partially dismantled, nonoperative or discarded machinery, appliance, equipment, motor aesthetic Wance to the property upon which th etation is located and adjacent properties. Sec. 8-2 Responsibility of owners, agents and tenants (a) No owner or tenant, or authorized agent thereof, or custodian of any real property within the City, shall place or permit to be placed, or allow abandoned property, junk, trash, rubbish, garbage, stagnant water, waste, or refuse to accumulate, remain, or be placed on such real property at any location within the City, regardless of zoning or land use designations; or cause or allow such items to be located on any portion of the property if such would constitute a nuisance, or hazard to the public safety or -welfare. Excepted from this prohibition are junkyards and those sole items defined as "junk", located or placed in areas designated by zoning and land use designations to be commercial or industrial in nature, and which existed as of August 8, 1978, and are legally considered to be existing non -conforming uses as defined under ordinance 402, section 7 (15). For any such present non -conforming uses, the junk shall not be viewable from any public right of way, and all property front, sides or rear, viewable from any public right of way, shall be surrounded by a fence a minimum of eight feet in height. The fence shall comply with all building codes; be constructed of but one type of materials; and shall be solid or opaque so as to prevent the viewing of the junk items from any public right of way or place. Further, the interior of such real property and the location or placement of the junk items thereon shall require a cleared set -back of thirty feet from the fence or property line, whichever is further, as well as cleared thirty foot lanes along every one hundred feet of property width, so as to permit the movement of fire, safety, ambulance, or other emergency equipment on the premises in the event of an emergency. (b) It shall further be the responsibility of an owner, tenant, or authorized agent thereof of each lot, parcel, or tract of land within the City to reasonably regulate and effectively control excessive growth and accumulation on such property as enumerated in section 8-1 herein. It shall also be the responsibility of those named to drain, regrade or refill any lot, parcel or tract of land, including ponds, depressions or swimming pools thereon which shall be dangerous, unwholesome, unsanitary, or stagnant so as to endanger the public health or safety, or be in such other condition as to be susceptible to producing illness or disease. (c) No owner, tenant, agent or custodian of any business located within the area designated herein to be within the "downtown" renovation and historic district shall be permitted to conduct flea market sales, as defined herein. Street advertising is permitted within such district, providing the items or products placed outside a business are solely for advertising purposes, and the manner of their display would not constitute flea market sales. No signs other than those as affixed to the business building shall be permitted outside the business location within this district, except "for sale" signs not over 12 x 15" in size. (d) Exceptions: Nothing in this chapter shall prohibit a person from accumulating yard trash for the purpose of composting, or for pick- up by the City's trash hauler. However, any composting materials shall be regularly maintained, and no yard trash shall remain curbside for pick-up in excess of three (3) days. Nothing contained herein shall prohibit the maintenance of ornamental vegetation of any 3 agent custodian of any property located hin the downt area shall be permitted to alter in an nificant manner, the exterior, paint color, structure covering, awning, signage, lighting or appearance thereto without first applying for same by building permit issued from the City, and after consideration by the design review committee for conformity with other buildings or structures and consideration of their duties herein, within the downtown area. (e) That for any permit or site plan approval within the designated downtown area of the City, no permit shall be issued therefore without the prior recommendation of the design review committee. The City Council shall have final approval on any recommended action of the committee, including approval, denial or amendment to any such permit by the committee. (f) Due to those projects that may be considered, or qualify as "historic preservation" within the downtown area, the committee shall comply with all applicable Federal and State laws regarding the ethics, financial disclosure, open conduct of public business and public records, as well as all applicable grant, funding, contracting or other regulations that pertain to such historic structures. THIS ORDINANCE is to be advertised and set for second hearing for adoption in accordance with the provisions of Florida Statutes. INTRODUCED for first reading and public hearing on this 21st day of April ; 1998. ;;�- DAMES E. KIRK MAYOR ATTEST: HONNIE THOMAS, CMC CITY CLERK ADOPTED after second reading and second public hearing on this 5th day,of,• May 1998. JAMES E. KIRK MAYOR - ATTEST: BONNIE,4TOMMZiAS., CMC CITY CLERK APPROVED FOR LEGAL SUFFICIENCY JOHN R. COOK CITY ATTORNEY 5 July 20, 2004 • I Main Street Okeechobee, Inc • What is Main Street? • ■Florida Main Street is a program of the Florida Department of State, Division of Historical Resources, Bureau of Historic Preservation ■ Local city accreditation required by the • state via a comprehensive application Accreditation Requirements 0 ■ A defined Local Program Area for revitalization ■ Community understanding and commitment to the Main Street approach . Organizational readiness and financial strength Li See attachment A Local Program Area � Boundaries of 441 N 1 70W, NW 51hSt. and W 6thAve. Lj This area has strong historic character • Old courthouse • Old jailhouse • Old Bank �11 Community Involvement � ■Encourages building renovation and redevelopment ■ Encourages development of financial mechanisms and incentives to attract investment ■ Broad community support and understanding � ■Relevant purpose as reflected in a clear mission statement Organizational Readiness 0 ■ Active Board of Directors and committees ■ Local government, business and citizen support ■ Dedicated public and private funding and in - kind services for a yearly operating budget 40 ■ Dedicated Program Manager (salaried) ■ Commitment to network with other Main Streets What Are Our Benefits? � ■State Coordinator for training and technical assistance • Annual Conference for workshops and networking opportunities ■ Orientation Meeting for start-up assistance as well as a $10,000 grant a ■Quarterly Meetings for workshops, presentations from other Main Streets, training, etc. What Are Benefits to Okeechobee? ■Information related to Main Street issues provided by phone, fax, Internet, special publications and other training material ■ Technical Assistance on afee-for-service or peer -to peer basis � ■Reconnaissance visit by State Manager and Architect to promote the Local Program and meet stakeholders What Are Benefits to Okeechobee? � Organizing for Main Street — 2 days training on 4-point approach �escurce Team Visit — 2-3 days meetings and workshops with experts in downtown issues with final recommendations presented • to public and written documentation i What Are Benefits to Okeechobee. � Design Workshop — design committee training provided On -bite Design Assistance — provides advice and technical assistance in areas of architectural design, preservation and urban planning 0 ■Annual assessment ■ Total value about $30K (see attachment B) Main Street Request 0 ■ Commitment for funding for $20K for 2005 Lj Based on the current budget cycle, we would like to have a letter to submit with our accreditation application stating that the funding of Main Street is being considered in the 2005 budget cycle. Li Our application must be submitted by 7-30-04 � The State program is aware that the budget is not finalized until 10-01-04 CURRENT (FIRST YEAR) BUDGET SUMMARY TO Income Sot ;, .< Cash in Hand Cash Pledaed ** City Government CRA Trust Fund County Government Private Contributions TOTAL CASH INCOME *** Expenses Program Manager Salary Program Manager Benefits Additional Staff Salary Additional Staff Benefits Travel and Professional Development Advertising/Promotion Postage Office Supplies Printing/Photocopying Photographic Supplies Insurance Rent Utilities Telephone Professional Development Answering Machine or Service Contingency or other (explain) Project Money (Specify) TOTAL CASH NEEDS *** Cash Needs TOTAL IN -KIND PLEDGED **** Total Cash TOTAL IN -KIND PLEDGED **** In -Kind Pledged in -Kind Pledaed I TOTAL INCOME Total Value Total Expense • • /'j / s .01 %.r.. What Services Does Florida Main Street Provide to Local Programs? All Communities in the State have access to: o A State Coordinator who is responsible for conducting the statewide Florida Main Street Program and delivery of related training and technical assistance services. ❑ Annual Florida Main Street Conference -- This two -to -three-day mum -track conference focuses on current downtown revitalization and preservation issues, and includes plenary sessions, workshops and networking opportunities. Presenters include practicing professionals of regional and national repute. ❑ Annual Orientation Meeting in Tallahassee - Provides procedural information regarding participation in the statewide Florida Main Street Program and the $10,000 Start -Up Grant, as well as information about other agencies, organizations and programs that may be of assistance to new Local Programs. o Quarterly Florida Main Street Meetings that rotate among regions of the state - Each quarter, Program Managers, Board Members and others gather for a two-day meeting that may include single or multiple topic workshops, presentations from Local Programs, and tours or demonstrations by the host program, and may include specialized presentations or training by a consultant in one of the areas of specialization listed herein. These meetings are designed to be helpful to the host program as well as attendees from other communities. ❑ Advanced Training Program (annual session) — Conducted as one of the above Quarterly Meetings, this annual session will address issues of special interest to Graduate Programs who have already benefited from many of the basic services provided by the Florida Main Street Program. ❑ Information related to Florida Main Street issues provided by telephone, fax, or the Internet, and through special publications and other training materials. a Technical Assistance on a fee -for -service or a peer -to -peer basis. o Regional Pre -Application Workshops — Assistance to communities planning to complete the annual application for Main Street designation. Designated Communities are expected to participate in the services available to All Communities (listed above) and, in addition, shall receive services to be delivered over three years that shall include: ❑ Reconnaissance Visit by the State Program Coordinator and the Florida Main Street Architect — one visit to community following designation to promote the Local Program and meet local stakeholders. ❑ Organizing for Main Street -- Two days of Statewide training by recognized experts (1/2 day on each of the four points of the Main Street Approach -- organization, design, promotion, economic restructuring). ❑ Resource Team Visit — A 2 - 3 day Resource Team Visit by an interdisciplinary team of experts in downtown issues will typically be one of three technical assistance services provided to first -year communities. Resource Team Visits include an intensive series of meetings and workshops to assist the Local Program in establishing a sound work plan that will address Local Program needs in each of the areas of the Main Street Approach. Each Resource Team Visit will be concluded with a public meeting to present team findings and recommendations, and will be documented by a written report. o Design Workshop -- Design Committee training will be provided to each community during the first -year. ❑ On -site Design Assistance (up to four services over three years) — Design visits to communities to provide advice and technical assistance in the areas of architectural design, preservation and urban planning via: consultations with business and building owners and city officials, or conceptual design documents for rehabilitation of historic buildings intended as downtown case studies. ❑ Strategic Planning Assistance -- This process may include design charrettes involving architects, planners, and the community to address major design or urban planning issues of importance to the community. ❑ Annual Assessment (for three years) -- A one -day visit to the Local Program Area by the Main Street Coordinator to (a) assess Local Program progress toward annual and long-term goals, (b) assist with goal setting for the coming year, and (c) identify training and technical assistance needs for the coming year. Observations and recommendations will be included in a written report provided to the Local Program. ❑ Consultant Assistance (up to four services over three years) -- 1. Assessment of Program Area, Organization, and Community 2. Analysis of Public Finances 3. Organizational Buildout 4. Legal Assistance in Forming a Not -for -profit Organization 5. Fundraising Assistance 6. Market Analysis 7. Merchandising Assistance 8. Assistance in Business Operations 9. Business Recruitment and Real Estate Marketing 10. Real Estate Development Assistance 11. Public Relations and Advertising Assistance 12. Special Event Management 13. Urban Design Assistance 14, Signage Assistance 15. Transportation Planning 16. Comprehensive planning and Zoning Assistance 17.Other assistance to meet special needs 18. Technical Assistance in Historic Preservation a Florida Main Street Start-up Grant of $10,000 Graduate Programs and Renewing Programs are expected to participate in the conferences and training programs available to All Communities, are welcome at the Annual Orientation Meeting in Tallahassee, and may receive additional technical assistance as described above. CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: July 15, 2004 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMINISTRATION GRIT — John Cook has recently unsuccessfully attempted to initiate contact with AND GENERAL potential re -insurance providers. He indicates he will continue to pursue this important SERVICES matter. Industrial Park — The rail spur RFP has been advertised and bids will be opened on August 4. It is anticipated the City Council will award the contract on August 17. This should be the final hurdle to clear for EDA reimbursement to commence. ETDF reimbursements will commence when Mr. Meyer begins vertical construction. At a July 13 meeting with several CAS officials, Gene Schriner continued to confirm an overall comfort level with the grant budget and timeline for the project, although both are very tight. The rail spur amount will be a critical element from a budget perspective. The bridge contractor is awaiting final permitting from SFWMD before actually beginning to drive pilings. CAS is working closely with the district to facilitate the permitting process. Earthwork, clearing and building roadbeds continue at an accelerated pace. I am working with CAS and Ranger Construction to see if it would be more cost effective, while they are working in the park, to have them complete the portion ofthe street (from the lift station to Douglas Park) that the City will have to fund. Mr. Meyer is prepared to commence with construction as soon as legal documents and the subsequent sale of land are completed. It is anticipated he will close on the initial 20+ acres on July 20. Issues have arisen with the three northern most parcels, those parcels which the City and Mr. Meyer considered his "option purchase" acreage. Early in discussions, OUA indicated they planned to close their wells (100 feet north of the property) next year. However, in recent discussion, OUA indicates they may not close the wells. ADMINISTRATION If the wells remain open, development of those three parcels is severely restricted or AND GENERAL prohibited. We will continue to work with Mr. Meyer and the OUA to resolve this SERVICES matter. It would definitely appear to be in the City's best interest if those three parcels CONTINUED could remain Mr. Meyer's option land. Obviously, the land he has an option on must be developable. Downtown Streetscape Project — Construction on the downtown project began on May 12. While the scarcity of concrete has caused delays, Donnie Robertson is working closely with the contractor and assures me we are still on schedule to complete work within parks 1, 3 and 4 before Labor Day. Please remember, there is also a storefront renovation element to the project. The architect continues his efforts related to design and when he has finished, Nancy Phillips will discuss the proposals with the participants, staff and the City Council before final approval is requested from the State. This is a time consuming endeavor and two ofthc participants, Mr. Wherrell and Mr. Conlon, have voiced impatience with the timeline. They are also intolerant of the guidelines. Staff will continue to attempt to address their concerns. Impact Fees — In June, I obtained a copy of Indian River County's RFP for an impact fee consultant which addresses multiple potential impact fee areas. George Long is reviewing this RFP and it is hoped significant elements of the document can be used to develop one of our own. I have indicated to George that the City is willing to help in any way possible in the drafting of the RFP. OUA — Another workshop has been scheduled between the City, County and the OUA to discuss their engineer's preliminary report related to the sewer capacity expansion. This meeting is scheduled for Thursday, July 22 at 6 p.m. in the Okeechobee County Health Department Auditorium. The OUA has recently advertised for a grant writer. On another note, L.C. Fortner will come before the City Council on July 20 with a proposal from his Board to purchase from the City the discussed lot in the SE portion of town for $29,500.00. PUBLIC WORKS Donnie Robertson's staff continues with their efforts related to modification of the Street boat ramp. In working with DEP, a baffle box must be installed before the project can be completed. However, the ramp is open for use. t4 - i$s; _ 'a' �i;',ry.¢.F: i7'A:ti 4i a••�:, .�h:,^.��.-�.�-x.. . <r�W;.. ,+�*y;" q .!`s i.'� �A�,$+�;,.�... - _ ,s.:,e�'.� n"y. ,�i�g(;;. r"., ✓�':;5,�.; p••sb.:'�,.);- .'�''si;T'`'�;i`...ta ..f�� ..�.t �i;`�''..; DEPART MENT •n: . Jv:;!': ". , i..::tz''Y"F 7gii�3:ry .,fi+',.'.,"- �`- �� , ,..,;,.. . r,::,.:;aty PUBLIC WORKS Work continues on this year's street projects. The authorization was given for work to CONTINUED commence on June 6. All resurfacing work has been completed with only the SW 12t' Avenue project remaining to be done. CODE Chief Smith reports that Jim Byrd is working out well as the new part-time code ENFORCEMENT enforcement official. It should also be noted that the three boats Marvin Brantley had been cited for in Taylor Creek have been moved. On July 20, the City Council will consider several recommendations from the Code Board related to fine reductions and the filing of Civil Judgments. FINANCE The Auditors are scheduled to present the FY03 audit to the City Council on August 3. As for this year's (FY04) budget, we appear to be on track both from a revenue and expenditure perspective. Staff has begun preparations for the FY05 budget. We will be scheduling workshops for August. POLICE The Department has encountered difficulties of late related to noise complaints. Staff DEPARTMENT has provided Attorney Cook a copy of the Vero Beach noise ordinance and we are hopeful a useful ordinance for Okeechobee can be drafted from that example and presented to the City Council. FIRE Chief Smith reports that a new repeater system has been installed and is functional. DEPARTMENT This will enhance communication capabilities and improve safety for our on scene safety personnel. 3 DEPARTMENT,,. _ CITY ATTORNEY h, SYNOI ':#., ..+:�•ram r The following are included in the items I have asked Attorney Cook to address. 1. GRIT related re -insurance issues. 2. Finalize the sale of land to Robert Meyer. 3. Recommendations related to reversionary action in alley closings, etc. 4. Draft an enforceable noise ordinance. 5. Hamrick Trust — John is in discussion with the County Attorney on this matter. 6. Research annexation issues. 7. LDR issues, such as conversion of former residential structures to commercial and CBD site regulations and new development within the CBD. 8. Marvin Brantley's continuing situation. 9. Various LDR issues, including the commencement of site -work and sidewalk, curb and guttering issues. 4