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2000-11-01 Special-0 CITY OF OKEECHOBEE NOVEMBER 1, 2000 SPECIAL CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: November 1, 2000, City Council Special Meeting, 5:01 p.m. II. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Bill L . Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Ill. OPEN PUBLIC HEARING FOR ORDINANCE CONSIDERATION - Mayor. A. Motion to waive adoption procedures under Ordinance No. 716, Land Development Regulations (LDR's) - City Attorney. PAGE 1 OF 4 Mayor Kirk called the November 1. 2000 Special City Council Meeting to order at 5:01 a.m. Deputy City Clerk Gamiotea called the roli: Present Present Present Present Present Present Present Absent Present MAYOR KIRK OPENED PUBLIC HEARING FOR ORDINANCE CONSIDERATION AT 5:02 P.M. During grant preparation it was discovered that the City property that is intended for the Commerce Center is still under the Holding Zoning District. The Future Land Use Map has the property designated Industrial. Having the conflicts in the two maps could pose a problem in the City's attempt to obtain one or more of the grants. Due to time constraints for applying for the grants, Attorney Cook recommended the City Council waive the Re -zoning procedures as set out by Ordinance No. 716; and referred to Florida Statute Chapter 166 forthe adoption procedures. The City would still have to hold two public hearings, and would have to meet specific advertising requirements. However, by using the procedures outlined in the Florida Statutes it would allow the City to work in the time frame needed to submit the grant applications for the development of the Commerce Center. Council Member Watford made a motion that due to the circumstances involved in the city property with the grant process and other issues, that the adoption procedures under Ordinance No. 716, Land Development Regulations (LDR's) be waived; seconded by Council Member Markham. NOVEMBER 1, 2000 - SPECIAL MEETING - PAGE 2 OF 4 51 III. PUBLIC HEARING FOR ORDINANCE CONSIDERATION CONTINUED. A. Motion to waive adoption procedures under Ordinance No. 716, Council Member Watford asked whether Attorney Cook was sure we were on legal footing to do this. Attorney Cook Land Development Regulations (LDR's) continued. responded yes, and that he did not discover anything that prevents the City from doing this. The City cannot violate the State Law, but they can waive the procedures that were adopted by Ordinance No. 716 if there is a genuine circumstance that grants it and if the City does not do it this way, one or more of the grant proposals in conjunction with the development of the Commerce Center could be greatly diminished or lost according to our grant consultant. Discussion continued. Council also discussed that this is one of those cases where the zoning map and future land use map need to be made in agreement with each other and instructed the Administrator to move forward with the City Planner get started on that project. Council Member Watford objected to the City waiving the procedures. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - NO MOTION CARRIED. B.1. a) Motion to read by title only and set November 13, 2000 as the Public Council Member Watford moved to read by title only and set November 13, 2000 as the public hearing date, proposed Hearing date, proposed Ordinance No. 760 regarding a rezoning - Ordinance No. 760 regarding a rezoning; seconded by Council Member Oliver. City Attorney (Exhibit 1). VOTE b) Vote on motion to read by title only. KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 760 by title only. Attorney Cook read proposed Ordinance No. 760 by title only as follows: "An Ordinance of The Cityof Okeechobee, Florida Amending the Official Zoning Map of Okeechobee by Rezoning a Certain Tract of Land More Particularly Described Herein, from Holding (H) Zoning District to industrial (1) Zoning District, Amending the Zoning Map Accordingly, Providing for Conflicts, Severability and an Effective Date." 52 NOVEMBER 1, 2000 - SPECIAL MEETING - PAGE 3 OF 4 B. 2. a) Motion to approved the first reading of proposed Ordinance No. 760 b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IV. NEW BUSINESS. A. Motion to award an engineering contract for the development of a City Commerce Center - City Administrator (Exhibit 2). Council member Oliver moved to approve the first reading of proposed Ordinance No. 760; seconded by Council Member Markham. Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING. Council Member Chandler moved to award an engineering contract to Craig A. Smith and Associates with Amendments as outlined by the City Attorney, for the development of a City Commerce Center; seconded by Council Member Watford. Amendments outlined are: (1) A provision that the engineer provides certain construction observation services in overseeing the construction, which gives the engineer the authority to immediately haltwork and set up a meeting with City Staff if they observe the contractor not performing to the plans or specifications of the job. (2) Add dollar amounts for insurance coverage so we can see exactly what insurance they have. (3) A hold harmless clause that indemnifies the City from negligent, reckless, intentional or wrongful conduct. (4) An understanding thatthe engineer understands that payment for his firm's services may come from third parties, in other words from grant monies or from an outside source such as Sheffield. Following a lengthy discussion, another amendment was added, (5) A clause that allows the engineer to assign the drawings to his successors or replacements. Council Member Oliver asked what monies will the City be responsible for? Gene Schriner of Craig A. Smith and Associates explained that the agreement and the dollars are structured around what the grant will pay for. CAS will only get paid what the grant will pay to do this project. In the event that the grant does not pay CAS for some reason, and the work is being done, we expect to get paid. Our anticipation is that the grants the City receives will cover the amount of the engineering fees. If the City does not receive the grants, then it notifies CAS not to do the job. NOVEMBER 1, 2000 - SPECIAL MEETING - PAGE 4 OF 4 53 IV. NEW BUSINESS CONTINUED. A. Motion to award an engineering contract for the development of a Mr. Schriner also stated that his firm is willing to move forward, at their own risk, with the preliminary engineering that City Commerce Center continued. needs to be done. Sheffield Environmental Services has entered into an agreement with the City to pay for the preliminary engineering fees. However, Mr. Schriner requested that before his firm moves any further he wanted to make sure they get a Notice to Proceed in writing. V. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WTH 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. z ATTEST: / James E. Kirk, Mayor Bonnie S. Thomas, CMC, City Clerk VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 5:45 p.m. • • CITY OF OKEECHOBEE SPECIAL CITY COUNCIL MEETING - NOVEMBER 1, 2000 HANDWRITTEN MINUTES tape 1 side a Page -1- CALL TO ORDER: -Mayor: Maven- Y Crk, cauecl the, Spec, ,aL CLty C&u*tcLL Meet o ov'de,r at 5:01 MAYOR, COUNCIL AND STAFF ATTENDANCE -_Deputy Clerk Gamiotea . Present Absent Mayor Kirk X Council Member Chandler x Council Member Markham x Council Member Oliver x Council Member Watford x Attorney Cook x Administrator Veach x City Clerk Thomas x Deputy Clerk Gamiotea x III.OPEN PUBLIC HEARING FOR ORDINANCE CONSIDERATION - Mayor Kirk at 5:02 p.m . A. Cook - we have a situation on the city property that requires prompt action and the purpose of this motion is for this board to include in the motion that there is a considerations that require waiving procedural requirements of the LDR's to process zoning change. As you all know you can't pass zoning changes as emergency ordinance. You can bypass the normal 2 notice and 2 meeting requirement. Now the florida statute chapter 166contains the procedures for zoning changes and newspapers advertisements and the time in between the ads and the time you can change zoning and you can't bypass that procedure, that is state statute. However I believe that the LDR"s which sets up the planning and zoning board that would typically hear this first and then make a recommendation is a city ordinance. Now the state statute chapter 163 does require the planning board to do certain things and that is among them are amendments to the comprehensive plan or the LDR's themselves which we are not doing, we're not amending that in fact the comprehensive plan indicates the city property future land is Industrial so that is done. What we are doing is changing the zoning map to match basically the existing LDR designation of Industrial on that property. So I believe that to expedite this so that we don't run into a serious problem, although we can't waive a state statute, this board first needs to make a motion recognizing there are certain standards that require bypassing the _ procedures in the LDR"s for the planning board and after that, on to zoning adoption for the change. Council Member Watford made a motion that due to the circumstances involved in the city property with the grant process and other issues, I move thatwe waive the adoption procedures under Ordinance No. 716, Land Development Regulations (LDR's); seconded by Council Member Markham. Watford - your sure we on legal footing to do that. Cook - as I indicated to the Mayor I have not in my research discovered anything that prevents us from doing that. Since we adopted this ordinance we certainly can't violate state law but I believe we can waive the procedural requirements of the ordinance if there is a genuine circumstance that grants it. Page -2- Watford - my only concern here is that obviously the LDR's were put in place for a purpose, there is a reasoning behind all that and I know many citizens many times have said well this is a terrible procedure, it takes to long and so forth and so on and now we're doing away with one of the steps and we may have, I know many private companies have time constraints do monetary constraints that wouldjustify why do I have to wait this long so that's my only concern, we're setting, kind of like the post office or federal government, we can do anything we want to and we can do nothing about it but everybody else has to abide by the laws but the federal government doesn't have to and now we are saying well everybody else has to abide by the laws but the city doesn't have to, I guess my question would be is this of such urgency that we can't follow the normal procedure? Cook - yes, if we don't then one or more of the grant proposals in conjunction with the development of the industrial park could be greatly diminished or lost if we don't move ahead with it according to Nancy Phillips who is our grant consultant. Watford - can you tell me why we have to have the zoning, we're not going to start building the plant next month are we? Veach - when they look at the grant and I'm not an expert on this but I'll try to explain this the best I can. When they look at a grant application they like to see all your ducks in a row, so to speak, if we got a conflict in our land use map and our zoning that's a problem those need to be in agreement and that's really what we're correcting here is the land use and our zoning. The staff report from Mr. LaRue indicates the only thing you can do with that property is to zone it industrial unless you want to go back and change your land use map which is a long drawn out process, this is not a step that is out of tune with anything that has been planned previously it's actuallyjust that we didn't follow through at the point and time before and now it's time that we need to make those two Oliver - seems like this is another one of those things that we, that could have been changed a long time ago and we've talked about this before to look at other areas to change things and make them in agreement, maybe we should look at other areas now, but we have reason enough to expedite this. Kirk - I think probably based on where we are and what we are trying to do with the grant and that's the only reason that I feel like we should go outside with what we consider normal rules but I concur with you 100% that we need to look and start bringing it into align without running into these where we have to panic and do them so, well their not panic, but where we're put under pressure but I think under the circumstances that we do need to approve this one. It is unfortunate that no one caught this until now, but those things happen. Cook - we all knew it, we just over looked it. Kirk - even though I agree and I think we should do it I understand what Councilman Watford is saying, if we we're a citizen we'd have to do it. Watford - the end justifies the means? Kirk - I would hate to answer that. Hopefully. We are breaking our own rules and I don't like to do that but I think we're cornered so hopefully we could look at the LDR's and zoning and start making a move to bring these in line so we don't have to deal this and you did bring this up before. Veach - in fact Mayor I spoke with our planner this morning and we are going to start working toward bringing the entire two documents together. Kirk - anything from the audience? KIRK yea Page-3- CHANDLER yea MARKHAM yea OLIVER yea WATFORD no Motion Carried. B.1. a) Council Member Watford moved to read by title only and set November 13, 2000 as the public hearing date, proposed Ordinance No. 760 regarding a rezoning -City Attorney (Exhibit 1); seconded by Council Member Oliver. b) Vote on motion to read by title only. KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. c) Attorney Cook read proposed Ordinance No. 760 by title only as follows: "An Ordinance of The City of Okeechobee, Florida Amending the Official Zoning Map of Okeechobee by Rezoning a Certain Tract of Land More Particularly Described Herein, from Holding (H) Zoning District to Industrial (1) Zoning District, Amending the Zoning Map Accordingly, Providing for Conflicts, Severability and an Effective Date." 2. a) Council member Oliver moved to approve the first reading of proposed Ordinance NO. 760; seconded by Council Member Markham. Watford - this is the entire parcel? Cook - yes 120 something acres. b) Public Comment. None. c) Vote on motion. KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. Mayor Kirk CLOSED the PUBLIC HEARING. IV. NEW BUSINESS. A. Council Member Chandler moved to award an engineering contract to Craig A. Smith and Associates for the development of a City Commerce Center - City Administrator (Exhibit 2); seconded by Council Member Watford. Cook - Bill and I went over contract in some detail, the money part is up to the city, we did add a provision that basically provides that the engineer provides certain construction observation services you know in overseeing the construction so I added a Page-4- clause in the contract that if the engineer observed the contractor not performing to the plans or specs of the job that he had the authority to immediately halt the work and then have a meeting set up with the contractor and the city to see what the problem is. We going to add $ amounts for insurance coverage in there so we can see exactly what insurance they have and then we added a hold harmless clause that indemnifies the city for negligent, reckless, intentional or wrongful conduct, there is an amendment from his attorney that complies with state law and I don't have a problem with and lastly we entered in an understanding thatthe engineer understands thatpaymentfor his firms services may come from 3'" parties, in other words from grant monies or from an outside source such as Sheffield, so if you approve this contract the motion just needs to approve the contract with the amendments announced by the City Attorney. Kirk - do we need to amend the motion? Cook - no you can just understand it will be amended. Oliver - what monies are the city going to be responsible for? Veach - the way the contract is written up and the engineer can correct me if I'm wrong here, the grant will cover most of the engineering fees that are involved here, the preliminary engineering that will need to do be done, we have an agreement with Sheffield that they will cover those costs. The City will actually not be obligated for any of the cost of this contract, is that correct Gene? Gene - actually Veach - that's stated incorrectly, the contract is with the city, Cook - we are responsible for the fee's Oliver - although we will be reimbursed by Sheffield. Gene - let me explain that, the agreement and the dollars are structured around what the grant will pay for okay so what I'm saying is I'm only going to get paid what the grant will pay me to do this project, in the event that the grant doesn't pay me for some reason and I'm doing the work I expect to be paid obviously. I don't care if it comes from the grant or where ever, but if I'm doing the work and the grant for some reason I don't know, I've done plenty of these were it never happened but for some reason where the grant didn't pay for it I"m still looking for payment from the City obviously, so I mean lets make that clear. Watford - we anticipate that we will receive grants to cover these amounts Gene - Correct. Watford - if we don't receive these grants you wont do this work. Gene - tell me not to do the job exactly. Watford - we're not obligated to this amount unless we receive those grants Gene - that's right. Now one thing I want to bring up tonight and I'm willing to move ahead with the preliminary engineering so the grants can go forward, at my risk to be honest with you. But before I move any further I want to make sure I get a notice to proceed from the City saying the grants in order and I know what's going on with the grants also but I like to have a notice to proceed from the city in writing that says move ahead, okay. But I'll move ahead at my risk right now so I can help the city get Page -5- the grants because there is some up -front engineering that has to be done. And I think the grant is moving pretty well along. Veach - the city is moving as far forward as we can. Gene - okay and Sheffield is moving along on track as far as we know. Watford - have we received the money from them for the Veach - they are processing the check we just sentthem the amount but we do have a contract from them that they have signed to agree to do so Gene -What I'm saying is I'm not going start you know full blown on this until I know your grants are secured and your on track for getting grants, does that sound far enough? Okay. Oliver - Mr. Veach about when will we know the outcome of if we are going to get the grants, what time frame are we looking at? Veach - good question, and it varies from grant to grant, but the way it has been explained to me is that by year's end we'll have a real good idea for whether or not we'll get the grants. Gene - I can elaborate on that CDBG you'll know fairly quickly, EDA might take a little time, late December, January, they will submit what is called a pre-app and then they give you an invitation to submit a full application with that invitation means that there's a pretty good chance their going to fund you and then once they get the full application then you'll get a letter saying we will fund you for this amount okay, you'll go in for so many dollars and they'll tell you how much they'll fund. The road fund that's pretty quick, fast so EDA is probably the longest and that's the biggest on and that's are where the engineering fees are by the way they are tied to that grant, so I will wait, I'll do the preliminary up -front stuff which you also have an agreement from Sheffield to pay you anyway to reimburse that cost and before I move forward on the full detail design drawings I will wait for the grants to come in so that way I'm not expecting dollars and energy at the City's cost if the grants don't come about, okay, is that a fair arrangement? Watford - I couldn't find it here and maybe it is, any documents you do are they our property or yours? Gene - is it spelled out in there, typically when I make a drawing they are my documents only for a liability standpoint you can use them, the city will have total use of all the documents that I prepare obviously they are public record but from a standpoint for me being protected as for my license I can't give you those drawings and say they are your's do what ever you want with the because if you change them and put them back out on the street and my name is on them I can't allow that. So how is the wording on that John? Cook - I thought it was a little more specific but Gene - they are your documents Cook - we have access to them anytime we want it does say that Watford - I don't understand engineering, but I knowwe've run into this before where we had certain drawings and 5 years down the road we hired another engineer and he can't use your drawings because those are the property of that engineer and we can't use them, maybe that's standard practice, I don't know. • Page -6- Gene - if you wanted some other engineer to use those drawings down the road I could assign those to that engineer, with my permission, that can be done. Watford - I just always felt like and we did this for the utilities, if we're paying for that and like I say maybe I don't understand engineering and maybe this is the way it's done, I don't know, but I just feel like whether we're paying for it or the grants paying for it, if we're paying $100,000 they ought to be ours. Cook - we get copies and access to the records but the end of paragraph 6 says the original documents, survey notes, tracing, except those by the owner shall remain the property of the engineer. Gene - that's strictly from a liability standpoint on my part. I'll tell you why. If we do a set of drawings it's not intended to be used over and over and over and over, our drawings are used for civil engineering drawings, it's a civil project you use them on one project one time to build one project, it's not like a piece of machinery where you reproduce it over and over, you build the industrial park once and that's it, that's why you can't really, I'll admit you can get copies of all the documents on disk, hard copies which will be yours. Watford - can someone answer, is this a standard thing? Kirk - I have no idea. Gene - it's a question I can answer, I get asked it every time, it's a standard question and the answer is they are my documents and it is because my insurance carrier and my attorney wont have it any other way, my insurance carrier, I can't provide you professional liability insurance without that being there, it's a liability issue and it only becomes a liability issue because if I give it to you and you re use them and you change them without my permission Watford - then they aren't yours Gene - my name is on them though, that's the problem Cook - this puts you on the spot you could add a clause to the contract that says that if the contract is terminated he will assign them to his successors or replacement. Gene - that's no problem, or you have copies as much as you want, that shouldn't be a problem. Watford - would it have to be that strict though or Cook - I wouldn't do it otherwise. Gene - your going to get all drawings on disk and hard copies. Cook - the reason we need the assignment from Gene is if we were in the middle of the project and we would want the other engineer to continue on with the plans. Gene - right, exactly. Kirk - what you are saying basically, if I am understanding this right is under normal conditions for example this piece of property and you draw and do the engineering for that and if you tried to make that fit somewhere else it might create some real problems, which could come back as a liability to your firm, so if that's a concern — I would think what you want it to be — Page -7- understanding that you would assign them Gene - or a good example of that is I create a set of plans to show roads, drainage, wetlands, now I give them to the city and here's a set of construction plans for you to go to bid to build, you have them the City and you say okay we don't need you anymore, now you take those plans and you eliminate some catch basins, some piping and it violates a permit I got for you, now you go build this without those things they come after me not you and I had nothing to do with that so that's why I am protecting myself and they are my drawings, I prepared them, you only use them once anyway because your only building one thing, it's not like you are building a car or a piece of machinery where you can use the blue prints over and over you know. Kirk - they might not fit somewhere else but I can see where it might be possible that we might need to use them turned tape 1 to side b square over on here it's not going to work, it's designed to that piece of property but if we wanted to do something on that piece of property then we should be able to get you to assign without any problem and we should be able to get an understanding from you. Gene - I have no problem with that. Kirk - that satisfies Gene - (can't understand tape) Kirk - (can't understand tape) a letter of understanding John is that what you were saying? Cook - we've got to amend it so we could put it in the final contract anyway so we'll add that. Gene - okay that the City request and assignment Kirk - everyone satisfied and questions answered? Vote: KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. V. ADJOURN MEETING - Mayor Kirk at 5:45 a.m. CITY OF OKEECHOBEE NOVEMBER 1, 2000 SPECIAL CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 of 2 I. CALL TO ORDER - Mayor: November 1, 2000, City Council Special Meeting, 5:01 p.m. • II. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea III. OPEN PUBLIC HEARING FOR ORDINANCE CONSIDERATION - Mayor. A. Motion to waive adoption procedures under Ordinance No. 716, Land Development Regulations (LDR's) - City Attorney. B. 1. a) Motion to read by title only and set November 13, 2000 as the Public Hearing date, proposed Ordinance No. 760 regarding a rezoning - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 760. NOVEMBER 1, 2000 - CITY COUNCIL AGENDA - PAGE 2 OF 2 III. OPEN PUBLIC HEARING FOR ORDINANCE CONSIDERATION CONTINUED. B. 2. a) Motion to approve the first reading of proposed Ordinance No. 760. b) Public comment. c) Vote on motion. • CLOSE PUBLIC HEARING - Mayor. IV. NEW BUSINESS. A. Motion to award an Engineering Contract for the development of a City Commerce Center - City Administrator (Exhibit 2). V. 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 proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. • • EXHIBIT 1 — NOV 1 AGENDA ORDINANCE NO. 760 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO INDUSTRIAL (I) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 127.53 acres from Holding (H) District to Industrial (I) District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to - wit: Unplatted lands of the City. All that part of the Northwest Quarter lying East of Taylor Creek and North of the Seaboard Railroad, the Northwest Quarter of the Northeast Quarter and all that part of the Southwest Quarter of the Northeast Quarter lying North of Seaboard Railroad. Section 15, Township 37 South, Range 35 East. As recorded in OR Book 231, Page 716, Okeechobee County. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended accordingly. SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Public Hearing and set for final public hearing on this Vt day of November, 2000. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 131h day of November, 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 L • Date z 0 I go Petition No. LSO- CITY OF OKEECHOBEE General Services Department 55 SE Third Avenue Okeechobee, FL 34974 Phone: 941-763-3372 FAX: 941-763-1686 /1 Jurisdiction: 4L O MU L-a 1. Fee Paid: Notices Mailed: 0 '(2. 1st Hearin 0 V 2 2nd Hearin hov j 3 -, o Uniform Land Use Application (Please attach separate sheets for required additional information) See Resolution No 98-10.1 "PROOF OF INTEREST IN PROPERTY" for required additional information. Name of property owner(s)• City of Okeechobee Mailing address: 55 SE 3 r d Ave. Property address: Name of applicant, if other than owner (state relationship): -.. 1 763-3372 paoP 'LCASC. AL IAt. CI LCVAL UCJI. Mir i,V,. See Resolution No. 98-10:2 "PROPERTY SURVEY AND LOCATION MAP" for required additional information. Future Land Use Map designation: Industrial Current Zoning Classification: H Approximate acreage or square feet: 127.53 Part of platted subdivision? Type and gross area of any existing non-residential uses on site: None Number and type (conventional, manufactured home, etc.), gross area of any existing dwelling(s) on site: None Dimensions, gross areas, and percentages of total land use of any existing public areas, reservations, buffers, open spaces, water retention lakes and recreational uses on site: 127.53 F W O Is there a current or recent use of the property that is/was a violation of City Ordinance? ❑ Yes 10 No p" If yes, please describe: Have there been any land use applications concerning all or part of this property in the last year? ❑ Yes No If yes, indicate date, nature, and applicant's name: Briefly describe use of adjoining property: North: O.U.A. East: Residential South: Vacant West: Check type of application, complete appropriate sections, ana sign reverse slue of appucauvu. acc 1NIC5VIUl1V 11 70-1 V.•t J 1ri11..1vll..aa va vv.., ava .vy»....» »»•-•-.-----_ ________________ Proposed oning Classification: Industrial If granted, will the proposed zoning classification be contiguous with a like zone? Y e s w p When development is proposed, see Resolution 98-10:9 "ENVIRONMENTAL 10 "PUBLIC FACILITY VIRONMENTAL ANAL N w IMPACT ANALYSIS", and 11 "SIGN PLAN" (where applicable), for required additional information N fx (Over) • For Special Exception and Variance Applications, see Resolution No. 98-10:7 and 8 "SITE PLAN' for required additional Ill urmiation. Describe the intended use requiring a Special Exception: Providespecific LDR ordinance section number and page number. See Resolution 98-10:10 "PUBLIC FACILITY HVIPACT ANALYSIS" for required additional information. Supplementary supporting information: z How the intended use meets the standards in the Unified Land Development Code §253-2: O F- Demonstrate that the proposed location and site is appropriate for the use: a. U Demonstrate how the site and proposed buildings have been designed so they are compatible with jthe adjacent uses and the neighborhood: at Demonstrate any landscaping techniques to visually screen the use from adjacent uses. U W Demonstrate what is proposed to reduce the impact of any potential hazards, problems, public nuisance generated by the use: Demonstrate how utilities and other service requirements of the use can be met: Demonstrate how the im ace of traffic generated will be handled off -site and on -site: Describe the Variance sought: Supplemental supporting information: W Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site: > Specify the minimum variance requirement including: height, lot area, size of structure, size of yard, setback, buffer or opens ace: Other Details of administrative decision under appeal, including name of individual issuing decision, date of issuance, and written copy of decision: j Reasons for re uestin appeal of decision: d W a a d Supplementary supporting information: CONFIRMATION OF INFORMATION ACCURACY I hereby certify that the information on this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to five hundred dollars ($500.00) and imprisonment of up to thirty (30) days and may result in the summary denial of this application. Si LU - /0 �I Date RPv I I/aR • • Rezoning Petition No. 00-002-R Application Attachment No. 1 Addressing Items as Outlined in Resolution No. 98-10 Information Required on Application Forms Proof of Interest In Property (Information 1) 1. Statement of applicants interest in property. The City of Okeechobee is the property owner of this parcel of land. The interest in the property is to develop a City Commerce Center, creating industry and jobs within the City Limits. 2. Copy of last warranty deed. See attached. 3. Consent of owner to application. Not applicable to this application since the property owner is the applicant. 4. Corporate entity authorization to application. Not applicable to this application since the property owner is the applicant. Property Survey and Location Map (Information 2) 1. Certified boundary survey of the property, and survey date, surveyor's name, address, phone. Not applicable to this application. 2. Legal description of property pertaining to the application. Unplatted Lands of the City. All that part of the Northwest Quarter lying East of Taylor Creek and North of the Seaboard Railroad, the Northwest Quarter of the Northeast Quarter and all that part of the Southwest Quarter of the Northeast Quarter lying North of the Seaboard Railroad. Section 00-002-A — Attachment No. 1 — Page 1 of 6 • • 15, Township 37 South, Range 35 East, as recorded in OR Book 231, Page 716, Okeechobee County. 3. Computation of total acreage to nearest tenth of an acre. 127.53 acres. 4. Location sketch of subject property, and surrounding area within one half mile radius. See attached Map. 5. Drawing size: 11" x 17", scale not less than 1 inch to 20 feet, north point. Not applicable to this application. Property Owner's List (Information 3) 1. Complete list of all property owners, mailing addresses, and property numbers for all property within 300 feet of the subject property, as recorded in the latest official tax roll in the County Courthouse. Not applicable. Florida Statute 166.041(3)(c) 2. a and b provides advertising guidelines for municipalities in lieu of sending notices. A proper advertisement will be published on Wednesday, October 25, 2000 and Wednesday, November 8, 2000 in the Okeechobee News . Proof of publications will be attached to the application as soon as it is received. 2. Affidavit to completeness and correctness of list. Not applicable. Statement of Use (Information 4) 1. Statement of special reasons and basis for the request. The property is zoned Holding. The new land development regulations do not address a holding category, therefore a rezoning is mandatory in order to develop the property. The property is already designated Industrial on the Future Land Use Map, this rezoning would make both zoning and future land use maps consistent. 00-002-A — Attachment No. 1 — Page 2 of 6 • • 2. Intended use, nature of activities and development of property. The property was purchased by the City of Okeechobee for future development. The City, along with a potential developer will be submitting applications for State and Federal Grants for the development of the City Commerce Center. 3. Existing use of surrounding property. North: Okeechobee Utility Authority Groundwater Treatment Plant. South: Seaboard Railroad and unp latte d/u ndeve loped acreage. East: City Limits and Residential Single Family Homes. West: Taylor Creek, to the West of the creek are vacant, platted lands and some Residential Single Family Homes. 4. If a temporary use, the time for which the temporary use is requested. Not applicable. Supplementary Supporting Information (Information 5) 1. Factual materials and data, including reports, studies, maps, plans and photographs. Not applicable. 2. Information and documents requested by the City. No additional information or documents have been requested at this time. Tabular Summary (Information 6) 1. Zoning district classification; minimum requirement and as provided. Current zoning district classification is Holding. The Land Development Regulations do not address a Holding District therefore current requirements cannot be given. Permitted Uses for Industrial Zoning District include: business office, business school, retail service, retail store including outdoor display of merchandise, research laboratory, manufacturing, processing, except those which produce explosives, mechanical and repair services, bulk storage 00-002-R — Attachment No. 1 — Page 3 of 6 • • of non -hazardous material, off -site sign, outdoor sale and storage, building contractor, wholesale sale and distribution, enclosed warehouse and storage, commercial laundry, dry cleaner, printing, auto service station, car wash, drive -through service, parking garage, parking It, radio, television or cable reception, transmission or operational facilities, veterinary service, railroad facilities, public utility, public facility. Special Exception uses include: manufacturing chemical or leather products, bulk storage of hazardous material and flammable liquid, salvage yard, other industrial uses not listed, cafe, crematory, adult entertainment, fortune teller, permitted uses in excess of forty-five feet in height and outdoor vehicle sales lot. Each permitted principal use and special exception use is also permitted to have the customary accessory uses for that use. Minimum yard requirements, except where a greater distance is required are as follows for all uses: front set back is 25 feet, the side set back is 15 feet or 40 feet if abutting a residential zoning district and the rear set back is 20 feet or 40 feet if abutting a residential zoning district. The maximum coverage by all buildings is 50 percent and 85 percent maximum impervious surface. The maximum height is 45 feet where workers are employed, unless a special exception is granted and 100 feet, where normally there are no workers. Other regulations that may apply are concurrency, parking and loading, landscaping, sign, accessory use, supplementary use, environmental and storm water and utilities. 2. Residential lots; by type, density, gross areas, and percentage of total land use. There are residential lots to the East of the city limits and to the West of Taylor Creek, density, gross areas, and percentage of total land use are not available at this time. 3. Non-residential land sues; by type gross areas, and percentages of total land use. The Groundwater Treatment Plant is located to the North, density, gross areas, and percentage of total land use are not available at this time. 4. Public areas, reservations, buffers, open spaces, water retention lakes and recreation uses; dimensions, gross areas, and percentage of total land use. There are no areas of this nature surrounding the property, except the open spaces which is undeveloped acreage located South of the Seaboard Railroad, density, gross areas, and 00-002-R — Attachment No. 1 — Page 4 of 6 • • percentage of total land use are not available at this time. Site Plan (Information 7) Please see the attached Site Plan developed by City Civil Engineers, Lawson, Noble and Webb, Inc. Site Plan (Information 8) Items 1 through 5 of the Site Plan Regulations are not applicable at this time, they will be addressed at a later site plan review. Environmental Analysis (Information 9) 1. Wetlands. The wetland issues are currently being addressed with appropriate state and federal agencies. 2. Soils posing severe limitations to development. Not applicable to site. 3. Unique habitat. Not applicable to site. 4. Endangered species of wildlife and plants. Not applicable to site. 5. Flood prone areas. Not applicable to site. Public Facility Impact Analysis (Information 10) Items 1 through 6 of the Public Facility Impact Regulations are not applicable at this time. 00-002-A — Attachment No. 1 — Page 5 of 6 Sign Plan (Information 11) Items 1 through 6 of the Sign Plan Regulations are not applicable at this time. 00-002-R — Attachment No. 1 — Page 6 of 6 LHW.,I_II'd•I4i,1�LLV>WLLL,,lldl m,' i ■ i ■ . f ■ I■ s ■ a i � z R�+�I I lall 1 1 i 11 . I 1 7 II s I I • I�� + I 9 • • i s s I � I A . tl IA A IAI, I I 0 II 1� 1 A II 1 1 ■ � \ S AS .�y r pq� KW,x rc.m■Ve =.� F f ]q r z p / .iSYfZ �M 0 I P I too I I I I r app 1 wY r I ��q , �l h � ,wr I 1 a :N, R 0 Ilk. R 11 I" ail � �"_______I �/,•tl �Ma yp yp !na m.,• ram, i "qy �?s•` tit ■ I 5(5 y it l 1 _________� •yp aRa pt �O a S00'IGe.d I I_______________�py,p'___________ ___ 1 ��i�iAi �ii�i � i��i irk i i��i �irfi' �-ri� Di�QIO�Q�Q1 1Q� IQ��QIQQIQI■Q il�lii vo NIN ii oil o::: 1 ii:i I gas 11:: c:�� 1, 1::: 1�:� Wwwww V • RAMCO FORM A-3 • WARRANTY DEED 0i.)`�" 231 Mi M warrantp oteb Cg%tg �nbenturv,MA this /,3''day of OCTOBER , A. D. 19 79 . pettueett MACOMB LAND COMPANY , a corporation existins under the laws of the State of Michigan , having its principal place of business in the County of Macomb and State of Michigan and lawfully authorized to transact business in the State of Florida, party of the first part, and CITY OF OKEECHOBEE of the County of Okeechobee and State of Florida part y of the second part WttnesSet4: That the said party of the first part, for and in consideration of the sum of ($ to . oo ) Dollars, ---TEN AND NO 100-------------------- to it in hand paid by the said part y of the second part, the receipt whereof is hereby acknowledged has granted, bargained and sold to the said part y of the second part, the iiheirs and assigns forever, the following described land situate, lying and hein(,, in the County of Okeechobee and State of Florida, to -wit. - All that part of the NW a lying East of Taylor Creek and North of the Seaboard Cz)astline Rail- road, the NW �4 of NE 4 and all that part of the SW a of NE k lying North of the Seaboard Coast- line Railroad all in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida. SUBJECT TO restrictions, reservations and easements of record, if any. ❑ r a C I t � ! � � c STATE- — ! D R I m' CrtJC.li�JiCi�l7Ati'tYi , ts�,�' 4' f �� [ C;UPAENTAk �� `YAN!11TAX � GEP1. OF REVENUE, DFPI OF REVLNU[ < i -- - - ,(7 P U orr24rs J 0 0. 00 ! noc i HOW And the said parry of the lirst hart does hereby fidly warrant the title to said land and will defend the same against the luwjirl claims of all persons w/mnrsoerer. 74Itt0ittte88 itel evf, the said party of the first (Corporate part has caused these presents to be signed in its name by Seal its proper officers, and its corporate seal to be affixed, attest- ed by its secretary, the day and year above written. AItert— C. 'THOMAS J. MIDT Secrelary MACOMB LAND PnMPAN.Y 4i eti, s 1 na Deliberea in presence of us: �--- --- --- MITCHELL RZEPKA j srdent This Ins1runueut prepared by: DAVID M. CONLON, ATTORNEY AT LAW Address 180 Northwest Third Avenue Okeechobee, Florida 33472 �.�+. 2';1 716 �SOCI'� (81-3) 763-5555 State of A(ariba, 231 P'r` I1r (9VU11tV Of OKEECHOBEE `.1 �Herebg Tertifg that on this day of OCTOBER, A. D. 19 79 , bt fore ire personally appeared MITCHELL RZEPKA and TFiOP9AS J. SCHMIDT, President and Secretary respectively of MACOMB LAND COMPANY a corporation under the laws of the :Slate of MICHIGAN to ine known to be the persons who signed the forgoinS cers and severally acknowled;ed the exealtion thereof to be their free act and deed as such irrshurnerrt as such of%i officers for the uses and purposts tlrerenr mentioned and that they affixed thereto the official seal of said corpora- tion, and that the said instrument is tltc' act and deed of said corporation. 3fflttws5 my .4,,,rtalure and official seal at in the County of Okeechobee the day and year last aforesaid. My commission expires. flotary Public, State of Florida at large My Commission Expires April 5, 1983 A,,dad By American fire & Ca -ally Company £z 01 Okeechobee and State of Florida Notary Public, State of Florida. 1,099? 1 h'* OF n 0 a w Oz ty n b ►—r 011iJ 231 7i7 �s �. The Okeechobee News P.O. Bog 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLOWDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath Publicf II PUBLIC NOTICE • says she is Publisher of the Okeechobee News, a DAILY Newspaper published in CITY OF OKEECHOBEE, FLORIDA Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a g /J�1 N01ICE IS HEREBY GIVEN that the Okeechobee City council will meet ou Tuesday, November 7 2000 at 2:00 p.m. for their Meet- Scheduled 1 t ing. This is a change gefromheir regular time. The November 21, 2000 Meeting has been cancelled. in the matter of ` 1 All City Council Meetings are open to the public. The meetings are held at City Hall, 56 SE 3rd Avenue, Rm 200, Okee- chobee, FL 34974. VISEDPLEASE NOTICE t At)- f in the 19th Judicial Distri of the Circuit Court of Okeechobee nty, Florida, was published in said Newspaper in the issu,�s of hat a y person dANDesires to to City peat any decision made by the city , Council with respect y� O ] f ✓* n side g, any matter can - his meeting, such interested / person will erson will need a record of the pro- ceedings, and for such purpose may need to ensure a verbatim record of the Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, In said Okeechobee County, Florida, and that said newspaper has hereto- proceedings tmade, which recoup in- cludesthe testimony and evidence upon fore been published continuously in said Okeechobee County, Florida each week and has which the appeal Is to be based. In accordance with the Americans with been entered as second class mail matter at the post office in Okeechobee, in said Disabilities Act ute 286.26, perrsonssons and Florida Stat- eswith disabiliti Okeechobee Okeechobee County, Florida, for a period of one year next preceding the first publication needing special accommodationtopar- in this proceedingP should con- of the attached copy of advertisement; and afliant further says that she has neither paid nor tact Bonnie Thomas oceedngatu8two 2 da s proceeding o3 promised any person, firm or corporation any discount, rebate, commission or refund for the, ing is m2pa?ed, fortelassistance, the Florida ose of securing this adytrtiseme t for publication in the said newspaper. . C assist Service 11c8 Ou9 5Q8700�NOIL'EI7or assistance. BONNIE S. THOMAS, CIVIC, `�Ll Sw and subscribe fore me this day of I/ h�x �e� Q� CITY CLERK 138637 - ON 11/3/00 A. Q� _ •0 �� p,, Karmen R. Brown / „!":Commission # CC 902300 Notary Public, State of Florida at Large = Expires Jan. 17, 2004 � It^•�r Bonded Thru Atlantic Bonding Co., Inc. 1375 Jacksm Street, Suite 206 Fort Myers, Florida 33901-2845 941-334-3366 From Holding Vp " to Industrial (I) Petition No. 00-002-R Prepared for: The City of Okeechobee i r Staff Report City of Okeechobee, Florida -Applicant Rezoning Request Petition No. 00-002-R Applicant: City of Okeechobee, Florida 55 S.E. Third Avenue Okeechobee, Florida 34974-2932 Legal Description of Subject Property: Unplatted lands of the City. All that part of the Northwest I/4 lying East of Taylor Creek and North of the Seaboard Railroad, the Northwest 1/4 of the Northeast 1/4 and all that part of the Southwest '/4 of the Northeast Quarter lying North of Seaboard Railroad. Section 15, Township 37 South, Range 35 East. As recorded in OR Book 231, Page 716, Okeechobee County, Florida. Item before the Council: The matter for consideration by the City Council is an application by City of Okeechobee for a change in zoning from City of Okeechobee Holding (H) to City of Okeechobee Industrial (I). Background: The subject property is approximately 127.53 acres. The applicant intends to develop the property as an Industrial Park. This development will have public utilities. Adjoining property uses are as follows: North: Okeechobee Utility Authority South: Seaboard Railroad (Vacant lands) East: Residential West: Taylor Creek (Vacant lands) Consistency with Land Development Regulations: When recommending whether or not to rezone a classification of land, the City Council shall consider, where applicable, the following factors: The proposed use is not contrary to Comprehensive Plan requirements. The future land use designation for this parcel is Industrial. Any other proposed zoning classification would be inconsistent with the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use for this parcel will be consistent with the Zoning District in the Land Development Regulations. Page -1- • • Staff Report City of Okeechobee, Florida -Applicant Rezoning Request Petition No. 00-002-R The proposed use will not have an adverse effect on the public interest. The proposed use will not adversely affect the public. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The rezoning to Industrial is most appropriate for the proposed location 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 Industrial rezoning will positively affect property values. 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 designation can be suitably buffered from surrounding areas. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Public facilities will not be overburdened by this rezoning. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The development impacts (i.e., traffic and drainage) can be accommodated so that public safety will not be endangered. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. There will not be any unnecessary restrictions caused by this rezoning. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No special privileges will be granted if this rezoning is approved. The subject property is designated Industrial on the adopted City of Okeechobee Future Land Use Map. As such, the proposed use is consistent with the Comprehensive Plan. Page -2- Staff Report City of Okeechobee, Florida Applicant Rezoning Request Petition No. 00-002-R Other policies in the Comprehensive Plan also support the City's proposal to designate appropriate sites for Industrial Park Developments, such as is being done for this parcel. Assessment an• • • Based on the above Rezoning criteria being met, the request should be approved, as it is consistent with the Comprehensive Plan and Land Development Regulations in force at time of application. Submitted by: James G. LaRue, AICP Planning Consultant I iiiioo Page -3- • • EXHIBIT 2 NOV 1 AGENDA CRAIG A. SMITH & ASSOCIATES CONSULTING ENGINEERS • PLANNERS • SURVEYORS • GRANTS ASSISTANCE October 26, 2000 Mr. Bill Veach, City Administrator City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974-2932 RE: CITY OF OKEECHOBEE PROPOSED INDUSTRIAL PARK AGREEMENT FOR ENGINEERING SERVICES Dear Mr. Veach, Please find attached an agreement to provide Professional Engineering Services for the development of the City of Okeechobee Industrial Park and associated infrastructure improvements. We have been working with Ms. Nancy Phillips regarding this matter and have developed a fee in which Ms. Phillips will submit as a part of the EDA Grant activities. The, fee has been developed within the FMHA fee guidelines for Engineering Services. Please review the agreement and call me if your should have any questions or comments. I am prepared to meet with you at any time regarding this matter. Sincerely, CRAIG A. SMITH & ASSOCIATES C OeneR. Schriner, P.E. President GRS/cs L:\LA N D\00-0956UettersUtr001. doc i ll/�l1\A/__a w1__�_ r� V� av nuau, rulllyc iu Deacrl, rionaa a3u69 • (954) 782-8222 Fax: (954) 786-8927 Palm Beach: (561) 736-3188 Dade: (305) 940-4661 www.craigasmith.com • 0 AGREEMENT FOR ENGINEERING SERVICES This Agreement, made this day of , 2000 by and between City of Okeechobee, hereafter referred to as the OWNER, and Craig A. Smith & Associates hereinafter referred to as the ENGINEER: THE OWNER intends on constructing a 122.5 acre +/- Industrial Park to include all roads, stormwater management improvements, water & sewer improvements, bridge over Taylor Creek, US 441 & N.E. 9`h Street improvements, railroad spur into the park and all other miscellaneous site improvements in the City of Okeechobee, State of Florida which may be paid for in part with financial assistance from the Economic Development Administration Program, and for which the ENGINEER agrees to perform the various professional engineering services for the design and construction of said project. WITNESSETH: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES The ENGINEER shall furnish engineering services as follows: The ENGINEER will conduct preliminary investigations, prepare preliminary drawings, and provide a preliminary itemized list of probable construction costs. 2. The ENGINEER will furnish four (4) copies of the preliminary engineering design, plans and layout maps to the OWNER. 3. The ENGINEER will attend conferences with the OWNER or other interested parties as may be reasonably necessary. 4. After the preliminary engineering report has been reviewed and approved by the OWNER, and the OWNER directs the ENGINEER to proceed, the ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, prepare construction drawings, specifications and contract documents, and prepare a final cost estimate based on the final design for the entire system. It is also understood that if subsurface explorations (such as borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such explorations shall be paid for by the OWNER as set out in Section D hereof. 1 M: \MUNIC\AGREEMEN\CityOkee-IndPk. DOC 5. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to exceed ten (10) copies of detailed drawings, specifications, and contract documents for use by the OWNER, appropriate Federal, State, and local agencies from whom approval of the project must be obtained. The cost of such drawings, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. 6. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of such copies. Upon award of each contract, the ENGINEER will furnish to the OWNER five (5) sets of the drawings, specifications and contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the ENGINEER. Original documents, survey notes, tracings, and the like, except those furnished to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER. 7. The drawings prepared by the ENGINEER under the provisions of Section A-4 above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground. The ENGINEER shall prepare and furnish to the OWNER without any additional compensation, five (5) copies of a map(s) showing the general location of needed construction easements and permanent easements and the land to be acquired. Property surveys, property plats, property descriptions, abstracting and negotiations for land rights shall be accomplished by the OWNER, unless the OWNER requests, and the ENGINEER agrees to provide those services. In the event the ENGINEER is requested to provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof. 8. The ENGINEER will attend the bid opening and tabulate the bid proposals, make an analysis of the bids, and make recommendations for awarding contracts for construction. 9. The ENGINEER will review and approve, for conformance with the design concept, any necessary shop and working drawings furnished by contractors. 10. The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. 11. The ENGINEER will establish baselines for locating the work together with a suitable number of bench marks adjacent to the work as shown in the contract documents. 2 M: \MUNIC\AGREEMEN\CityOkee-IndPk. DOC 12. The ENGINEER will provide general engineering review of the work of the contractors as construction progresses to ascertain that the contractor is conforming with the design concept. 13. Unless notified by the OWNER in writing that the OWNER will provide for periodic construction observation, the ENGINEER will provide periodic construction observation services. The ENGINEER'S undertaking hereunder shall not relieve the contractor of the contractor's obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner; shall not make the ENGINEER an insurer of the contractor's performance; and shall not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. 14. The ENGINEER will cooperate and work closely with the OWNER'S representatives. 15. The ENGINEER will review the contractor's applications for progress and final payment and, when approved, submit same to the OWNER for payment. 16. The ENGINEER will prepare necessary contract change orders for approval of the OWNER on a timely basis. 17. The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of all construction and submit a written report to the OWNER. Prior to submitting the final pay estimate, the ENGINEER shall submit a statement of completion to and obtain the written acceptance of the facility from the OWNER. 18. The ENGINEER will provide the OWNER with one set of reproducible record (as - built) drawings, and two sets of prints at no additional cost to the OWNER. Such drawings will be based upon construction records provided by the contractor during construction and reviewed by the project inspector and from the project inspector's construction data. 19. If State statutes require notices and advertisements of final payment, the ENGINEER shall assist in their preparation. 20. The ENGINEER further agrees to obtain and maintain, at the ENGINEER'S expense, such insurance as will protect the ENGINEER from claims under the Workman's Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER Or by the ENGINEER'S employees of the ENGINEER'S functions and services required under this Agreement. 3 M:\MUNIC\AGREEMEN\City0kee-IndPk. DOC 21. The services called for in the Section A-1 and A-2 of this Agreement shall be completed and the report submitted within 60 calendar days from the date of authorization to proceed. After acceptance by the OWNER of the preliminary engineering plans and upon written authorization from the OWNER, the ENGINEER will complete final plans, specifications and contract documents and submit for approval of the OWNER and all State regulatory agencies within 90 calendar days from the date of authorization unless otherwise agreed to by both parties. If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER. The time for completion will be extended by the OWNER for a reasonable time if completion is delayed due to unforeseeable causes beyond the control and without the fault or negligence of the ENGINEER. SECTION B - COMPENSATION FOR ENGINEERING SERVICES The OWNER shall compensate the ENGINEER for preliminary engineering services in the sum of Twelve Thousand Five Hundred Dollars $ 12,500.00. 2. The OWNER shall compensate the ENGINEER for basic engineering services as follows: (a) For completion of construction drawings, specifications, cost estimates, and contract documents: $175, 882.00 (b) For services during bidding through contract award: $ 12, 563.00 (c) For construction management services to include periodic review of contractor's construction progress, review of pay requests, on -site construction meetings and periodic site visits by ENGINEER. $ 62,815.00 SECTION C - COMPENSATION FOR PERIODIC CONSTRUCTION OBSERVATION SERVICES AS SET FORTH IN SECTION A-13 The ENGINEER shall provide periodic construction observation services as outlined herein. The ENGINEER shall provide a field representative for the purpose of monitoring the progress of construction for compliance with the construction plans and specifications. The OWNER agrees to pay the ENGINEER for such services as set 4 M:\MUNIC\AGREEMEN\CityOkee-IndPk. DOC forth herein. The ENGINEER shall render to OWNER for services a monthly invoice based on the estimated percentage of completion of the project. This contract is for the proposed construction period of 300 days, for a cost of $96,070.00. In the event the construction exceeds 300 days the OWNER shall pay the ENGINEER at a rate of $9,607.00 per month for each month in excess. SECTION D - ADDITIONAL ENGINEERING SERVICES In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN AUTHORIZATION OF THE OWNER and written approval of the State of Florida Department of Community Affairs: I. Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and other similar special surveys as may be required. 2. Laboratory tests, well tests, borings, specialized geological, soils, hydraulic, or other studies recommended by tile ENGINEER. 3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in negotiating for land and easement rights. 4. Necessary data and filing maps for water rights, water adjudication, and litigation. 5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and the local government, except redesigns to reduce the project cost to within the funds available. 6. Appearances before courts or boards on matters of litigation or hearings related to the project. 7. Preparation of environment impact assessments or environmental impact statements. 8. Performance of detailed staking necessary for construction of the project in excess of the control staking set forth in Section A-12. 9. The ENGINEER further agrees to provide the operation and maintenance manual for facilities. 10. Activities required for obtaining state and federal regulatory agency construction perm its. 11. Design of hook-ups. 5 M: \MUNIC\AGREEMEN\CityOkee-IndPk. DOC 12. Specialized Engineering Services. Payment for the services specified in this Section D shall be as approved herein between the OWNER and approved by the State prior to commencement of the work. Barring unforeseen circumstances, such payment is estimated not to exceed $50,000.00. The ENGINEER will render to OWNER for such services a lump sum item for additional services as a part of the normal basic services invoice. The ENGINNER shall invoice for these services monthly based on percentage of completion. SECTION E - INTEREST ON UNPAID SUMS If OWNER fails to make any payment due ENGINEER within five (5) days of receipt of the funds from the State for services and expenses and funds are available for the project then the ENGINEER shall be entitled to interest at the rate of 12 percent per annum from said 60th day, not to exceed an annual rate of 12 percent. SECTION F - SPECIAL PROVISIONS TERMINATION FOR CAUSE AND/OR CONVENIENCE A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in A. (1) above. C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the ENGINEER'S default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. 6 M:\MUNIC\AGREEMEN\City0kee-IndPk. DOC For any termination, the equitable adjustment shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. D. Upon receipt of a termination action under paragraphs A. and B. above, the ENGINEER shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports, specifications, summaries and other such information, as may have been accumulated by the ENGINEER in performing this contract, whether completed or in process. E. Upon termination, the local government may take over the work and may award another party a contract to complete the work described in the contract. F. If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined that the ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph C. above. REMEDIES This Contract shall be governed by the laws of the State of Florida. No remedy herein confirmed upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other further exercise thereof. Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the ENGINEER, arising out of or relating to this contract, or the breach of it, will be decided by arbitration if the parties mutually agree or in a Florida court of competent jurisdiction. ACCESS TO RECORDS The local government, the Florida Department of Community Affairs, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the ENGINEER and OWNER which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 7 M:\MUNIC\AGREEMEN\City0kee-IndPk. DOC RETENTION OF RECORDS The ENGINEER shall retain all records relating to this contract for three (3) years after the local government makes final payment and all other pending matters are closed. ENVIRONMENTAL COMPLIANCE if this contract exceeds $100,000, the ENGINEER shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S. C. 1857 (h), section 508 of the Clean Water Act (33 U.S. C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency Regulations (40 C.F.R. Part 15). The ENGINEER shall include this clause in any subcontracts over $100,000. ENERGY EFFICIENCY The ENGINEER shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). CONFLICTS WITH OTHER CLAUSES If this Contract contains any clauses which conflict with the above clauses, then this Contract will be governed by the clause(s) in the other section(s). PROHIBITION AGAINST CONTINGENT FEES The PROFESSIONAL ENGINEER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the PROFESSIONAL ENGINEER to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporations, individual, or firm, other than a bona fide employee working solely for the PROFESSIONAL ENGINEER any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this agreement. TRUTH -IN -NEGOTIATION CERTIFICATION By execution of this engineering contract, ENGINEER certifies that the wage rates and other factual unit costs supporting the compensation in said contract are accurate, complete and current at the time of contracting. ADJUSTMENT OF CONTRACT PRICE 8 M:\MUNIC\AGREEMEN\CityOkee-IndPk. DOC If a Truth -in -Negotiation certificate was required for this contract, the firm agrees that the original contract price and additions thereto shall be adjusted to exclude any significant sums by which it is determined that the contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of the contract. PERSONAL NATURE OF AGREEMENT ENGINEER hereby warrants that it has the necessary technical expertise and training to perform its duties as outlined in this Agreement. The parties acknowledge that the OWNER places great reliance and emphasis upon the knowledge, expertise and personal abilities of the ENGINEER. Accordingly, this Agreement is personal and the ENGINEER shall not assign or delegate any rights or duties hereunder without the specific written consent of the OWNER. This Agreement shall be binding upon the successors and assigns of the parties hereto. PUBLIC RECORD All monthly operating reports and records required to be prepared or maintained by the ENGINEER in accordance with the Scope of Services shall be deemed to be public records. The ENGINEER shall allow public access to such documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENGINEER assert any exemptions to the requirements of Chapter 119 and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the ENGINEER. The OWNER reserves the right to unilaterally cancel this Agreement for refusal by the ENGINEER to allow public access to all such documents, subject to the provisions of Chapter 119, Florida Statutes and made or received by the ENGINEER in conjunction with this Agreement. DISCRIMINATION The ENGINEER shall assure that no person shall be excluded, on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under, this Agreement. The ENGINEER shall take all measures necessary to effectuate these assurances. VALIDITY OF AGREEMENT Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 9 M: \MUNIC\AGREEMEN\CityOkee-IndPk. D OC ATTORNEY'S FEES In the event of any litigation to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs which are directly attributed to such litigation. VENUE This Agreement is being entered into in Okeechobee County, Florida, which shall be the venue of any action thereon. IN WHITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate on the respective dates indicated below. (SEAL) ATTEST: Type Name: Title: (SEAL) ATTEST: Type Name: Title: OWNER: City of Okeechobee 0 Type Name: Bill Veach Title: Citv Administrator Date: ENGINEER: Craig A. Smith & Assoc. By: Type Name: Gene R. Schriner Title: President Date: !0 26 160 10 M:\MUNIC\AGREEMEN\City0kee-IndPk. DOC CONTRACT AMENDMENT Add in section "A" a paragraph immediately after # 13 which reads: 14. As agent of the OWNER in the performance of construction observations services, in the event a contractor is observed not performing work in conformance with the drawings and specifications of the ENGINEER, the ENGINEER is authorized to immediately halt further construction services by a contractor. In such event, ENGINEER shall also immediately inform the City Administrator or his designee of such performance by a contractor, and a meeting of the contractor, OWNER and ENGINEER shall be set at the earliest possible time to address and remedy such non-compliance. *Note ... In paragraph 20, I would like to require minimum dollar amounts for insurance coverage so we know what it is, and also see if they can name the City as an additional insured under such policies. Add... 21. The ENGINEER agrees and shall hold OWNER harmless from any claim, demand or suit brought against the OWNER for such claims such as, but not limited to, bodily injury, death or property damage, which may arise from the performance by the ENGINEER or by ENGINEER'S agents or employees in the performance of services required under this agreement. Such shall also include that ENGINEER shall indemnify and hold the OWNER harmless from any cost, attorneys fees incurred by OWNER in such claim(s). OBLIGATION OF THIRD PARTIES It is understood and agreed between the parties, that third parties, or outside sources of funds, may be utilized to satisfy any monetary obligation of OWNER in this agreement. Certain obligations may be paid from grant funds obtained by OWNER, and OWNER may have separate contracts with other entities that call for payment of some or all of the engineering services to be provided in this contract. In such event ENGINEER agrees and understands that such third party or outside source of funds is acceptable and shall be applied to any or all of the financial obligations of OWNER in this agreement. Regardless, it is also understood that such funding sources are considered additional or optional sources, and OWNER, due to such arrangements, is not relieved of any financial obligation undertaken in this agreement to ENGINEER. hurled aIIvc. " Vcrote',j<a Segocinva said Kolcsnikm`,s si!orc. ouncil to hold special meeting I 3 v MARM CHANDLER Okeechohee News The Okeechobee Cilv t'onncil will hold a special usecting at 5:01 P.m. oil Nov. 1 ill Ole council chatnhers. ,I'll(, council will !notion to ;Ipprove the first reading of the proposed rolling; chairge of the r:ity Commerce Center Irom holding to industrial. The second reading of the proposed zoning change is ten- iativelvschedrlled for Nov. 13. The Citv Commerce Centcr which is the cttv,s iudusIrial park is approximately 125 ,rocs located helween Douglas P,irk and Taylor Creek. Also. the council will urot ion () award an engineering con- u acl for the development of the ('iiv Cominci-ce Ceuler. ('itv Adriiirristralor Bill Veach uc-otiatecl the contract with t'raigA. Smith and Associates. At the Ocl. 17 meeting Craig \. Sniilli and Associalcs was r,urkccl nurnhcr one of the Six proposals received.. lu addition to Crai�o A. Surilh ,rnd Associates the city received proposals from 1,13FII Inc.. Keith ,rnd Schiiars. PA. Larson Nrrhlc and Weld) lnr. Conklin Pm lcr an 1lolows and CAI TEC Engineering hic. The city is seeking grains to huild roads, hriclgcs and infra- slrncinres for the City Cmimierce Cciilcr. The cily is going to apply liir ,r Icdcral EDA grant. a t'orninimity Dcvelopnient Block grant and a transportation ,rant. Bclore applying for the �nruls the ctly has to present a design of, ils Cilv Couiudercc ('enter. Lake hike is challenge of the millennium The ninth annual Dike around Lake Okeechobee's 107-urileperinu°tcr promis- es (o he South Florida's chal- Ie tige,ol the millennium. The event takes on special significance tills year as the lake section of Florida's National Sccnic Trail was designated as a corutntn)ity legacy trail by the White House Millennium Council. This nine-dav hiking odvssev begins Nov. 18. Participants will meet at 7:30 a ui. at the South Bay RV Park. Highways 80/27. for a legacv celehration. Then at 8:30 a.rn.. hikers will walk the walk. Front one -hour. to onc- day. to nine days - or a total of 282.000 strides to com- plete the Big "O" Hiking pace acid dislancc arc iu�lividlial choices. The first day includes a "winip" walk. less than 4 niflcs. for those wanti!ig just a taste of the real outdoors. After going the distance thev will be shuttled hack to the slartisrg point. Others who want to savor largo chunks of South Florida's natural environment cart participate it) day or !nulti- day trips. And hikers looking for- a once-in-a-niillenuirnn (vein to satisly their adveu- turous appetites will want to tackle the whole nice days. Millen-niuur Trails is a Partnership aniong the While House Millennium Council. the U.S. Department of Transportation and Rails -to - Trail Conservancy, with Americas) Express as the lead corporate partner. The initiative recognizes and sup- ports trails that preserve open spaces. promote hislo ry and enhance recreallou. The Loxahatchee Chapler of the Florida Trail Association has held the I;ig -0- hike annually for the last eight years. Evervone is invited to join this vear"s niillciuiiuui hike to renew their awareness and apprccialion of Bluish Florida's nnicpic cnviron- tncnt. Call Sunnv Piskin-ii at 5HI-43M-438I. Judy Perham at 5(il- :,9-7171 or Paul Caniuinu>.?s al 561-73•1-44 1 fi for complete details. CLYDE t SADIE PARENTS ARE 5O OLD TMT WHEN A KiD GETS 'EM... IT'S CHARD To CHANGE THEIR HABITS I Plan NOW for the KIDS! Get GOOD LIFE INSURANCE! CALL US ToDAAM BERGER INSURANCE SERVICES, INC. • Personal & Business Insurance 800 S. Parrott Ave. • Okeechobee, FL 34974 800-538-0038 863-763-6411 1. Tuesday October 31�d -< 6:30 p.m.G4 OD n ,'4ba<, Shotgun 7 p.m. °ccT141'c.ks. Pets Blue Heron Golf°°