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2000-11-13 Special64 CITY OF OKEECHOBEE NOVEMBER 139 2000 SPECIAL CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: November 13, 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 ADOPTION - Mayor. A. 1. a) Motion to read by title only, 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 by title only PAGE 1 OF 6 Mayor Kirk called the November 13, 2000 Special City Council Meeting to order at 5:01 p.m. Deputy City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Absent Present MAYOR KIRK OPENED PUBLIC HEARING FOR ORDINANCE ADOPTION AT 5:02 P.M. Council Member Oliver moved to read by title only, proposed Ordinance No. 760 regarding a rezoning; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. 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 Tractof Land More Par iculady 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." NOVEMBER 13, 2000 - SPECIAL MEETING - PAGE 2 OF 6 65 III. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. 2. a) Motion to adopt proposed Ordinance No. 760. Attorney Cook advised that the ordinance needs to be amended prior to being adopted, Council Member Oliver has the revisions to the language he recommended. Council Member Oliver moved to amend Ordinance No. 760 to read in Section 2 after the word "amended" delete "accordingly" and insert "to reflect the subject property zoning classification be changed from Holding (H) to Industrial (I); seconded by Council Member Markham. Council Member Watford asked if this was just a technicality? Attorney Cook responded yes, we have all those "whereases" and it says whatthe zoning will be in there, however, we need to list it in the actual body of the ordinance, which is what we have accomplished by amending the ordinance. VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION TO AMEND CARRIED. Council Member Watford moved to adopt proposed Ordinance No. 760 as amended with the understanding that the Staff Report reflects that the rezoning is consistent with the Comprehensive Plan; seconded by Council Member Markham. b) Public comments and discussion. Mayor Kirk asked whether there were any comments or questions from the Public. There were none. Council Member Watford asked whether this was the entire parcel? Council Member Markham responded, yes, the entire 127.53 acres, and it does not include what the Okeechobee Utility Authority owns. c) Vote on motion. VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED As AMENDED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 5:07 P.M. 66 NOVEMBER 13, 2000 - SPECIAL MEETING - PAGE 3 OF 6 IV. NEW BUSINESS. A. Motion to approve the request from First Baptist Church to Mayor Kirk announced thatthe time listed in item A needed to be changed to reflect from 4:00 p.m. to 11:00 p.m. rather temporarily close Southwest 6th Avenue between North and South than 5:00 p.m. to 10:00 p.m. Park Streets from December 12th through December 16th between 5:00 p.m. and 10:00 p.m. daily - City Administrator (Exhibit 2). Council Member Watford moved to approve the requestfrom First Baptist Church to temporarily close Southwest 6th Avenue between North and South Park Streets from December 12 through December 16 between 4:00 p.m. and 11:00 p.m. daily; seconded Council Member Markham. There was a brief discussion on this item. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. B. Motion to approve a request from Okeechobee County Chamber of Council Member Watford movedto approve arequestfrom Okeechobee County Chamber of Commerce to temporarily Commerce to temporarily close Southwest 3rd Avenue between close Southwest 3rd Avenue between North and South Park Streets on December 9 from 6:00 a.m. to 10:00 p.m; North and South Park Streets on December 9"' from 6:00 a.m. to seconded by Council Member Oliver. There was a brief discussion on this item. 10:00 p.m. - City Administrator (Exhibit 3). VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. C. Motion to approve a request from the City of Okeechobee to Council Member Watford moved to approve a request from the City of Okeechobee to temporarily close Southeast temporarily close Southeast 2"d Avenue and Southeast 3rd Avenue 2"d Avenue and Southeast 3rd Avenue between North and South Park Streets and Southeast Park Street between between North and South Park Streets and Southeast Park Street Southeast 2"d and 3' Avenues on November 28 from 2:00 p.m. to 9:00 p.m; seconded by Council Member Markham. between Southeast 2nd and 3rd Avenues on November 28"' from 2:00 p.m. to 9:00 p.m. - City Administrator. NOVEMBER 13, 2000 - SPECIAL MEETING - PAGE 4 OF 6 67 IV. NEW BUSINESS CONTINUED. C. Motion to approve a request from the City of Okeechobee to Following discussion on this item, Council instructed Police Chief Davis to coordinate with the American Legion temporarily close Southeast 2"d Avenue and Southeast 3`d Avenue regarding the use of their property for parking. If they agree to allow the City to use the property then large between North and South Park Streets and Southeast Park Street signs should be put up. He was also instructed to contact the Doctor's Clinic and find out whether they have between Southeast 2nd and 3rd Avenues on November 28' from any objections to South Park Street being closed off. If they do, do not close that street until after their office 2:00 p.m. to 9:00 p.m. continued. 11 has closed for the day. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. D. Motion award the Finance Institution Bid regarding the Police Car Council Member Oliver moved to award the Finance Institution Bid to Kislak regarding the Police Car Acquisition Acquisition Program - City Administrator (Exhibit 4). Program; seconded by Council Member Markham. There was a brief discussion regarding this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. E. Council Member Markham moved to award Vehicle Bid for the Council Member Markham moved to award Vehicle Bid to Okeechobee Ford Motor Company for the purchase of the purchase of the Police Cars - City Administrator (Exhibit 4). Police Cars; seconded by Council Member Oliver. The Council briefly noted that Okeechobee Motor Company was the higher bidder, by fifty dollars ($50.00) per car and that this action would be in line with Council's guidelines to award bids to local businesses when the amounts are close as this one is. NOVEMBER 13, 2000 - SPECIAL MEETING - PAGE 5 OF 6 IV. NEW BUSINESS CONTINUED. E. Council Member Markham moved to award Vehicle Bid for the purchase of the Police Cars continued. F. Motion to accept the Certification of the Okeechobee County Canvassing Board for the 2000 Election Canvass Returns - City Clerk. G. Motion to adopt Resolution No. 00-8 regarding the 2000 City General Election Results - City Clerk (Exhibit 5). VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - ABSTAINED MOTION CARRIED. Council Member Watford moved to accept the Certification of the Okeechobee County Canvassing Board for the 2000 Election Canvass Returns; seconded by Council Member Oliver. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Council Member Oliver moved to adopt Resolution No. 00-8 regarding the 2000 City General Election Results; seconded by Council Member Chandler. RESOLUTION NO. 00-8 reads as follows: "WHEREAS, the City Council of the City of Okeechobee, Florida, has received the canvassed returns of the City General Election held November 7, 2000, and WHEREAS, Clayton Williams and James E. Kirk received the highest number of votes for City Council Members. NOW THEREFORE, BE IT RESOLVED, that Clayton Williams and James E Kirk be, and they are hereby declared elected as City Council Members and shall hold office for four (4) years from the first Monday in January following the City General Election and until their successors are elected and qualified as provided by the City Charter, Section 10. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to issue and deliver Certificates of Election to each of the above named persons. PASSED AND ADOPTED in regular session this 13' day of November, 2000." NOVEMBER 13, 2000 - SPECIAL MEETING - PAGE 6 OF 6 69 IV. NEW BUSINESS CONTINUED. G. Motion to adopt Resolution No. 00-8 regarding the 2000 City General Election Results continued. H. Discuss and consider office spaces available - City Attorney V. 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. ATTEST: James E. Kirk, Mayor VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook addressed the Council explaining that he had an idea to use office spaces that are available at City Hall. He is already using City offices for his City Attorney work and would like to use them for his private practice. He knew what the obvious concerns and questions the Council would have and has completed some research on it. He would like to do more research on it, if there is nothing regarding City Attorney's, he will write the Attorney General for an opinion, after the opinion is rendered and it is found to be legal, the City Council can decide whether to lease the offices or not. There was a brief discussion, Mayor Kirk recommended that Attorney Cook supply his information to the Council in advance, or with the agenda packet to give them time to consider it. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 5:25 p.m. Note: A Conflict of Interest Form is on file in the Office of the City Clerk regarding Council Member Watford abstaining from voting on New Business Item E. Bonnie S. Thomas, CMC, City Clerk • 0 Page -1- CITY OF OKEECHOBEE SPECIAL CITY COUNCIL MEETING - NOVEMBER 13, 2000 HANDWRITTEN MINUTES tape 1 side a I. CALL TO ORDER: -Mayor: Mawr Kivl�ca�led�lhPiSpecia�iCiz�Cowvic�LMeeto- o-rd" at 5 :01 p. M4 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 Ill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk at 5:02 p.m . A. 1. a) Council Member Oliver moved to read by title only, proposed Ordinance No. 760 regarding a rezoning - City Attorney (Exhibit 1); seconded by Council Member Markham . 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) Cook - the ordinance needs to be amended prior to it being adopted, I found a revision I would like to make to the ordinance, I did not get it to Lane in time for the agenda, so I gave it to Council Member Oliver and asked him to make a motion revising the ordinance and he has the appropriate language that needs to be inserted. Council Member Oliver moved to amend to Ordinance No. 760 to read in Section 2, after the word "amended" delete "accordingly" and insert "to reflectthe subject propertyzoning classification be changed from Holding (H)to Industrial (1); seconded by Council Member Markham. Watford - I take it this is just a technicality? Cook - right, we have all those whereas and it says it in there that we are changing it, however, we need to list it in the actual Page -2- body of the ordinance, which is what we have accomplished by amending the ordinance. Vote on Motion to Amend: KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. Cook -just a reminder, when the motion is made to adopt the ordinance, if that is council's intent, add to the motion that based on the staff report, the ordinance is consistent with the comprehensive plan. Council Member Watford moved to adopt proposed Ordinance No. 760 as amended with the understanding that the staff report reflects that the rezoning is consistent with the comprehensive plan; seconded by Council Member Markham. b) Public comments and discussion. None. Council? Watford - is this the entire parcel? Markham - yes entire 127.53 acres, but not what OUA owns. c) Vote on motion. KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. Mayor Kirk at 5:07 CLOSE PUBLIC HEARING - Mayor. IV. NEW BUSINESS. A. Kirk- time changes on request need to reflect from 4 to 11 rather than 5 to 10. Council Member Watford moved to approve the request from First Baptist Church to temporarily close Southwest 6th Avenue between North and South Park Streets from December 12th through December 16th between 4:00 p.m. and 11:00 p.m. daily - City Administrator (Exhibit 2); seconded Council Member Markham . Watford - I assume there is no problem with this, I know we've approved them in the past, but there have been no problems? Denny - no problems with it. Markham - I was going to bring up the time change I remember last year, people came early and they needed it to be changed. Vote: KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Page -3- Motion Carried. B. Council Member Watford moved to approve a requestfrom Okeechobee County Chamber of Commerce to temporarily close Southwest 3rd Avenue between North and South Park Streets on December 9th from 6:00 a.m. to 10:00 p.m. - City Administrator (Exhibit 3); seconded by Council Member Oliver . Markham - is this for the parade? Veach Yes and items in park. Watford - any problems with any this you have going, date okay? Denny - no problem with that. Vote: KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. C. Council Member Watford moved to approve a request from the City of Okeechobee to temporarily close Southeast 2nd Avenue and Southeast 3rd Avenue between North and South Park Streets and Southeast Park Street between Southeast 2nd and 3rd Avenues on November 28th from 2:00 p.m. to 9:00 p.m. - City Administrator; seconded by Council Member Markham . Veach - we will need some leeway with the times on this, Lydia couldn't really pin pointit down, and there will be children arriving from different schools for the chorus groups, etc and we want the to be safe. Markham - check with the American Legion regarding parking in their lot since Park Street will also be blocked off. Markham - watch time that we block off South Park Street, check with Doctor's Clinic to make sure they are okay with it. Denny - they have another exit out onto 2"d Avenue. Kirk - check with them and if they are opposed, do not block it off until their office is closed. Markham - put up signs for parking if American Legion agrees to let us use their property. Watford - Denny check into all of this for us? Yes. Kirk - okay to close 2 side streets first, but not Park Street unless its okay with business there. Vote: KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. D. Council Member Olvier moved to award the Finance Institution Bid to Kislak regarding the Police Car Acquisition Program - City Administrator (Exhibit 4); seconded by Council Member Markham • • Page -4- Veach - Basically same deal we have with them, reason for the difference between the two is with Kislak there is less out of pocket, up front cost for the City... explains further..... both have similar interest rates, fluctuate, we'll be doing it just like we did last year. Vote: KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. E. Council Member Markham moved to award Vehicle Bid to Okeechobee Ford Motor Company for the purchase of the Police Cars - City Administrator (Exhibit 4); seconded by Council Member Oliver . Markham- I know they are the higher bidder, totally by $1,000 for the entire package, don't fill it's necessary to go out of town for that. Oliver- that's only $50 per car, worth staying in town. Kirk - this is in line with what we try to do, if it is a close amount of money we stay in town and this is. Vote: KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD abstained Motion Carried. Council Member Watford moved to acceptthe Certification of the Okeechobee County Canvassing Board for the 2000 Election Canvass Returns - City Clerk; seconded by Council Member Oliver . Vote: KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. G. Council Member Oliver moved to adopt Resolution No. 00-8 regarding the 2000 City General Election Results - City Clerk (Exhibit 5); seconded by Council Member Chandler . Vote: KIRK yea CHANDLER yea MARKHAM yea OLIVER yea Page -5- WATFORD yea Motion Carried. H. Discuss and consider office spaces available - City Attorney. Cook - have idea (like to use offices spaces that are available at city hall for my private practice), know what obvious concerns and questions Council will have. Done some research on it, will continue to do more. There are issues that the State constitution speaks of , benefits for private corp, and several exceptions to it, have to show a valid municipal purpose, information I have found so far says if the city deems it has municipal property not being used, a fair market lease to private company can be done and not result in monetary backing, it is possible to lease it, this is not strictly private lease, being the city attorney, it would free me up to respond to city staff and council faster, not looking to do this until after the first of year, I'd like to do a little more research on it, have not found an exact issue on city attorney, I will continue to look, if there is nothing, I will write the attorney general for an opinion, after the opinion is rendered and it is found to be legal, the city council can decide to do it or not, discuss it in future. Kirk - okay, so you are just looking to tell us the direction you want to go in and discussion later? Cook - yes. Kirk - okay, I do have some concerns and we can discuss those at the appropriate time. Watford - this would be office space for city attorney? Cook - yes, but for my private practice, that would be the issue, I'm already using it as the city attorney. Kirk - recommend that you supply information to us that you find in advance, or with the agenda packet to give us time to consider it. V. ADJOURN MEETING - Mayor Kirk at 5:25 p.m. CITY OF OKEECHOBEE NOVEMBER 13, 2000 SPECIAL CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER - Mayor: November 13, 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 ADOPTION - Mayor. A. 1. a) Motion to read by title only, 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 by title only. 2. a) Motion to adopt proposed Ordinance No. 760. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. NOVEMBER 13, 2000 - CITY COUNCIL AGENDA - PAGE 2 OF 2 IV. NEW BUSINESS. A. Consider a request from First Baptist Church to temporarily close Southwest 61n Avenue between North and South Park Streets from December 12th through December 16th between 5:00 p.m. and 10:00 p.m. daily - City Administrator (Exhibit 2). B. Consider a request from Okeechobee County Chamber of Commerce to temporarily close Southwest 3rd Avenue between North and South Park Streets on December 91h from 6:00 a.m. to 10:00 p.m. - City Administrator (Exhibit • 3). C. Consider a request from the City of Okeechobee to temporarily close Southeast 2nd Avenue and Southeast 3rd Avenue between North and South Park Streets and Southeast Park Street between Southeast 2nd and 3rd Avenues on November 28th from 2:00 p.m. to 9:00 p.m. - City Administrator. D. Motion to award the Finance Institution Bid regarding the Police Car Acquisition Program - City Administrator (Exhibit 4). E. Motion to award Vehicle Bid for the purchase of the Police Cars - City Administrator (Exhibit 4). F. Motion to accept the Certification of the Okeechobee County Canvassing Board for the 2000 Election Canvass Returns - City Clerk. G. Motion to adopt Resolution No. 00-8 regarding the 2000 City General Election Results - City Clerk (Exhibit 5). H. Discuss and consider office spaces available - City Attorney. 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. • ORDINANCE NO. 760 EXHIBIT 1 NOV 13 AGENDA 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 1' 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 ! —t- -> • From Holding (I� to Industrial (I) Petition No. 00-002-R Prepared for: The City of Okeechobee 1375 Jacksm Stfeet, Suite 206 Fod Myans, Florida 33901-2845 941-334-3366 ing Staff Report Rezoning Request Applicant: City of Okeechobee, Florida 55 S.E. Third Avenue Okeechobee, Florida 34974-2932 Legal Description of Subject Property: City of Okeechobee, Florida -Applicant Petition No. 00-002-R Unplatted lands of the City. All that part of the Northwest '/4 lying East of Taylor Creek and North of the Seaboard Railroad, the Northwest '/4 of the Northeast '/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. The natter for consideration by the City Council is an application by City of Okeechobee for a change in zoning fi-on City of Okeechobee Holding (H) to City of Okeechobee Industrial (1). 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 properly uses are as follows: North: Okeechobee Utility Authority South: Seaboard Railroad (Vacant lands) East: Residential West: Taylor Creek (Vacant lands) 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 contraty to Comprehensive Plait 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- -W • • 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 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 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 fi•om 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. Consistency with Comprehensive Plan: 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 Rezoning Ri City of Okeechobee, Florida -Applicant 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. 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 t viioo Page -3- r1 r-1 Date ol 2_no 0 0n Petition No. - CITY OF OKEECHOBEE General Services Department 55 SE Third Avenue Okeechobee, FL 34974 Phone: 941-763-3372 FAX: 941-763-1686 Jurisdiction: i.)1aP J Fee Paid: Notices Mailed: 0 F + `a Ist Hearin 0 V . Zcu 2nd Hearing: V 16 ')/'A Al 1 r lb 5 A Uniform Land Use Appucation (Please attach separate sheets for required additional information) See Resolution No. 98-10:1 "PROOF OF INTEREST IN PROPERTY" for required additional information. j— Name of property owner(s): City of Okeechobee U Mailing address: 55 SE 3 r d Ave. a. Property address: A. d Name of applicant, if other than owner (state relationship): - _ _ ... - 1. al,._,.. 763-3372 page ?LEASE ATTACH LEGAL DESCKIP rlury See Resolution No. 98- I0:2 "PROPERTY SURVEY AND LOCATION MAP" for re uired additional information. Future Land Use Map designation: Industrial Current Zoning Classification: H Approximate acreage or square feet: 1 2 7 . 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: 1 2 7 .53 F CG W Is there a current or recent use of the property that is/was a violation of City Ordinance? ❑Yes o O a p If yes, please describe: Have there been any land use applications concerning all or part of this property in the last year? o Yes J] No If yes, indicate date, nature, and applicant's name: Briefly describe use of adjoining property: North: 0 . U . A . South: Vacant East: Residential West arAnt A. „r on_lioatinn Check type of appueatlon, complete apprupnaLc ..—...5...-•---_ See Resolution 98-10:4 "STATEMENT OF USE" for required additional information. Proposed Zoning Classification: Industrial w If granted, will the proposed zoning classification be contiguous with a like zone? Y e s p When development is proposed, see Resolution 98-10:9 "ENVIRONMENTAL ANALYSIS" 10 "PUBLIC FACILITY IMPACT ANALYSIS", and I I "SIGN PLAN" (where applicable), for required additional information N / A A. (Over) For Special Exception and Variance Applications, see Resolution No. 98-10:7 and 8 "SITE PLAN' for required additional Describe the intended use requiring a Special Exception: Providespecific LDR ordinance section number and page number: See Resolution 98-10:10 "PUBLIC FACILITY IMPACT 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 H 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 �>11j the adjacent uses and the neighborhood: aC Demonstrate any landscaping techniques to visually screen the use from adjacent uses. U Demonstrate what is proposed to reduce the impact of any potential hazards, problems, public aw nuisance generated by the use: Demonstrate how utilities and other service re uirements of the use can be met: Demonstrate how the im ace of traffic generated will be handled off -site and on -site: nther- 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: a 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: a Reasons for requesting appeal of decision: w a. a d supporting information: -Supplementary 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. 4_ = C Signature Date p - 1 11no t • • 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-R — Attachment No. 1 — Page 1 of 6 15, Township 37 South, Range 35 Cast, 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. 00-002-1? — 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 unplatted/undeveloped 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 S) 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-R --- 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 LH-l.' ra-Ia LI'LE�;IJLL IW- Ai�:-,t,16rr;16lj.= s ■ Pq� ■ 11 s po ' I11.1J I Iql l I I a I I ■ 1 I a II s I . I Y' • I ■ , a i I - / e[ s= .`i � I -Q&T[D I r[SIN .K WSTHA,' -1 T 1.1 -E I - .1C242 f } O Nb I 11++ s yC� 0 p r r4R�1C !!fir. ��Ci l,rwr. � r�� p r�r`n r NE: 1 rr r bri r r r p I qmn rrll r rrr r �� o rrirrrr� �iur rC rIR r rrr�r ®! Saar �t,ai p rr�irrb flr� �rra�ir fiiril rilir ®o altar a urr ��Ir aI1 rrn O NlrrrOr rrrr �rfir Crri rdr a5 a Illy � _ f � r.� i� le; '� G 116.P ` WZ pit ----------------- ____—______ __ IF F YY Y[Y7�irYIW aaosl.�■ ��—��LLLLAJJ��I((I.1L :..L�.1y.[iJ t:Y Y YL� aIa■�. � LJ1.1 LLi L.LL.:J Y i■ Y Y■ 7i[�[ aja s a LL.1J 111 LR Es Y Y f Y YLLR Y a alc e E 9 I'd • RAMCO DORM A-3 WARRANTY DEED warrantr �eeb Gluts �tibvnturv,Made, this day o/ OCTOBER petweerr MACOMB LAND COMPANY • 231 P.,,u M , A.D. 1979 , a corporation existing under the laws of the Stale of Michigan , having its principal place of business in the County of Macomb and Slate of Michigan and lawfully authorized to transact business iii 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 Wrtneoset4: 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 it 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 being in the C linly 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 CDastline Rail- road, the NW 4 of NE 34 and all that part of the SW 4 of NE a 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. - f ��"f �� ► _ ; ; _ 0 t) TAT E� . CIUc;Ui` EMYAI Y,, I1FP1.O KVLNUC� [iEFI.'JF ItEVEN(IEa ` � .�. OCi2,1 71 �z t�r�� 1 arr2n 7s . -' I1001 \ .y• 1 And the said pia), of thr lint par, doer herrhy fully warrant the title to said land. and will defend the same against the lrn►pl cluiiiis of all persons whoinsoelcr• 'lrt 'Ulttttess 01jereof, the said party of the first (Corporate part has caused these presents to be signed in its name by Sear its proper officers, and its corporate seal to be affixed, attest- " \ /l ed by its secretary, the day and year aboie written. Altest: { . Secretary JMIDT MACOMB__LAND_COMPANY a4ci- el, s I na ?reliisereD in presence of rts: Awl c' /--- ---- - MITCHELL RZEPKA �sident This InsImment prepared by: DAVTD M. CONLON, ATTORNEY AT LAW fldrinsc 180 Northwest Third Avenue Okeechobee, Florida 33472 s.l+• 2';�",G 71`) .. IS(i'.ic (813) 763-5555 li , i• 2,31 �tzlte of �l�C�tri�zt, (901111f�1 Of OKEECHOBEE 3-1 �erehLj Tertlf� that on Ihrs clay of OCTOBER, A. n. 19 79 , litf rc me personally appeared MITCHELL RZEPKA and T HOMAS J . SCHMIDT, President and Secretary respecti►ely of MACOMB LAND COMPANY a corporation under the laws of /lie Slale of MICHIGAN to nee known to be the persons who si tied the forepn► in_rlrn►nenl as slrch officers and severally ackuowled Yd the execution thereof to be their free act and deed as such officers for the Mies and proposes therein rucnliouetl and that they affixed Iherelo the official seal of said corpora- tion, turd Mal lire said inslrurneul is Ilre act and deed of said corporation. �tlltlle8s my si�Iualure and ojji�w/seal at irr the County of Okeechobee the day and year last aforesaid Hy cormnission expires: flotary Public, State of Florida at large my -commission Expires April 5, 1983 _ Pondad By American Fise 8 Casaal,y Company A0 �Z131� s z of a,a C z DO 651 i•:,:.�.�t� 21i1.1 UJIIJ Okeechobee and State of Florida Notary Public, State of Florida. ila99z I f"f 0 O Oz d n Fd ro 0 A 3 L I. 2 3t c '71'7 IS�1[1• �1J CJ • Memorandum To: Mayor and City Council From: Lydia Jean Williams, Administrative Aid/Special Projects Coordinator Date: 11-6-00 Re: Temporary Street Closings • Applicant: City of Okeechobee. Request to temporarily close SE 2"d and Yd Avenues between North and South Park Street and SE Park Street between 2"d and 3`d Avenue on November 28d' for the Vt Annual Lighting ceremony and City Hall Park dedication. Applicant: First Baptist Church. Request to temporarily close SW 6`h Avenue each evening from December 12d' — December 16d' between the hours of 5:00 —10:00 p.m. for the Christmas Play "His Story". (Copy of application attached) Applicant: Chamber of Commerce. Request to temporarily close the portion of SW Yd Avenue between North and South Park Street on December Th for the Christmas Festival. (Copy of application attached) ZXHIBIT L — CITY OF OKEECHOBEE Nov 13 AGENDA 55 SE 3RD AVENUE OKEECHOBEE, FL 34974 863-763-3372 EXT. 222 FINANCE DEPARTMENT FAX 863-763-1686 APPLICATION FOR CHARITABLE FUNCTION PERMIT Name of Organization/ Tax Exempt # C*z(C4 Mailing Address I') nI Contact Phone # Supervisor of Organization Location requested Summary of activities for this event J Proceeds will be used for Dates and tithes requested. !J1 &M h2,, l/-yO NOTE: The applying organization must provide proof of insurance coverage or code compliance requirements of the city, and any other regulations of other governmental regulatory agencies. The applying organization is responsible for the cleanup of the property requested within the time specified on the permit. The applying organization will be responsible for costs associated with the event, including damage to property. By receipt of a permit, applying organization agrees and shall hold the city harmless for any accident, injury, claim or demand whatever arising out of applying organization's use of the location for such event, and shall indemnify and defend the city for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the city pertaining to the event, including but not limited to police, fire, maintenance or other departmental expenses. The city reserves the right to require from applying organization cash or cashier's checks advance deposit in a such approximating the sum estimated by the city to be incurred in providing such city services. Any such sum not incurred shall be refunded to applying organization. Page 2 APPLICATION FOR CHARITABLE FUNCTION PERMIT The processing of this application will be completed within thirty (30) working days of being received by the Finance Department. �Q &� 2ag , Signature of Applicant Date FLAGLER PARK -7� uk,k ( 6 � J 6T1-1 Avenue 5th Avenue 4 4th Avenue Bandstand 3 3`d Avenue 2 2°a Avenue 1 Memorial Park FOLLOWING INFORMATION IS FOR CITY USE ONLY - Approved v Disapproved If disapproved, please list reasons ADMINIST�ATION/FINANCE DEPARTMENT DATE u First Baptist Church or Okeechobee November 6, 2000 Okeechobee City Council 55 S.E. 3rd Avenue Okeechobee, FL 34974 Dear Council Members: 401 S. W. Fourth Street Okeechobee, FL 34974 (863) 763-2171 Fox (863) 763-8904 e-mail: firstbc@okeechobee.com Randy Huckabee, Th.D., Pastor/Teacher Charles Simpson Pastor of Worship and Sr. Adults David Harris Youth Pastor For the past two years our Evangelism Committee, together with several other churches, presented a walk-thru play depicting the life of Jesus. It has been a smashing success. Last year we increased from three nights to five nights and saw more than four thousand people walk through the guided tour. This year we have reserved all of Parks #5 and #6. Two new scenes have been added this year and once again we will use all of Park #6 for the play. Park #5 will be used for entertainment and refreshments. All of this will be free to the public with the exception of the refreshments. The revenue from the refreshments will go to the various youth groups of the participating churches. The play will take place on December 12th through December 16th from 6pm to 10pm. We therefore request that S. W. 6th Avenue between North Park Street and South Park Street be closed from 5pm to 11 pm on those days for the safety of the participants and our guests. Sincerely, Elbert R. Batton . . EXHIBIT 3 NOV 13 AGENDA APPLICATION FOR CHARITABLE FUNCTION PERMIT 1. organization: OKEECHOBEE COUNTY CHAMBER OF COMMERCE, INC. 2. Address! 55 S. Parrott Avenue, Okeechobee Florida 34974_ 3. Phone No.: 941-763-6464 Tax No.: 941-763-3531 Kathy Scott, President 4. Supervisor of Organization: U,�... nor. r � } nor^^tor —33- t"'c'rc��%e--n:.c a. 5. Person/Phone in charge of event: Brenda O'Connor 6. a. Please give the location of the property your organization Is requesting: Flagler Park west half of Park 42 and all Park 3 b. If your organization is requi2stlny the use of Flagler Park, please look at the 111,11) on page 2 arid circle the section of the park you wish- to reserve. 7. Summary of activities, for this event, for which use of this property is being requested: 8. 100% of all proceeds derived from this event will go to the above applying organization x Yes No 9. All proceeds will be used for: Operational expenses off._ -the hamber 10. List date(s) and time(s) your organization is requesting the use of this property including clean-up: 12-6-2000 to 12-12-2000 _ 7:00 a.m. to 9:-00 p.m. Date(s) '1'ime(s) — --- NOTE: The applying organization must meet any insurance coverage or code compliance requirements of the city, and any other regulations of other governmental regulatory agencies. 'File applying organization will be responsible for costs associated with the event, including damage to property. By receipt- of a permit, applying organization agrees and shall hold the city Irarrnless for any accident, injury, claim or demand whatever arising out of applying organization's use of the locatlon'for such event, and sliall indemnify and defend the city for such incident-, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by t-he city pertaining to the event, including but not limited to police, fire, maintenance -or other.departmental expenses. The city reserves the right to require from applying organization a cash or cashier's check advance deposit in a sum approximating the stir" estimated by the city to be incurred in providing such city services. Any such sum not incurred shall be -refunded to applying organization. PUBLIC WORKS (TOURS ARE MON. - FRI. 7:00-4:00 EXCEPT HOLIDAYS THE PROCESSING OF THIS APPLICATION WILL, BE COMPLETED WIT1111N THIRTY (30) WORKING DAYS OF BEING RECEIVED BY '11F FINANCE DEPARTMENT. OKEECHOBEE CO. CHAMBER OF COMMERCE,INC. ��`G 2-5-99 Sagriature of Applicant Date Brenda O'Connor, Executive Director Appli_c.a(��.vz� fog CXu�ta_l.rihl.e �uzzc(;.z.via �'eaai��L FLAGW, t FAIM nvezn�e---------- ---- - tx�l=e a-P�liu i:a_1 Fork azxl J-n- �f l zxrt. aval labs e for use. 1' 111u 17131.1 �d�_rIG �Nl�7IZrSl1'Z'�(V ZS lgxZ G ul-Y U51s" o(gl,X I /11,(�ivvt?zI_ I)a-sai)lrzvveca Dade: �- - I. � d�sai�itz7Tvezl, IzI ease La-st ze,�tsorrS t° - low r�tl- �ervi_ce�, Ik I 11,1 f_irr tiC IviUCiix'ti� hrljTri-i-�1' M� —.fi;��uia� EXHIBIT 4 Nov 13 AGENDA G\�4 OF ' Ok, ti� LL f Okeechobee o _ � City o u 1915 Office of the City Administrator To: City Council From: Bill L. VeaclfqJ Date: November 13, 2000 RE: 2001 Police Cars Here are the figures that the City has obtained for the acquisition and financing of 20 new cars. CARS Velde Ford, Inc. Okeechobee Motor Company Florida Sheriff s Assoc. price Sun Trust KISLAK $21,297.60 $20,159.00 (13 cars w/rear bench vinyl) $20,094.00 (7 cars w/rear bench cloth) $20,109.00 (13 cars w/rear bench vinyl) $20,044.00 (7 cars w/rear bench cloth) $7,274.55/car/year $3,000.00/car/year 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 • EXHIBIT 5 — NOV 13 AGENDA RESOLUTION NO. 00-8 WHEREAS, the City Council of the City of Okeechobee, Florida, has received the canvassed returns of the City General Election held November 7, 2000, and WHEREAS, Clayton Williams and lames E. Kirk received the highest number of votes for City Council Members. NOW THEREFORE, BE IT RESOLVED, that Clayton Williams and Tames E Kirk be, and they are hereby declared elected as City Council Members and shall hold office for four (4) years from the first Monday in January following the City General Election and until their successors are elected and qualified as provided by the City Charter, Section 10. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to issue and deliver Certificates of Election to each of the above named persons. PASSED AND ADOPTED in regular session this 13t' day of November, 2000. James E. Kirk Mayor ATTEST: Bonnie S. Thomas, CMC City Clerk Reviewed For Legal Sufficiency: John R. Cook City Attorney FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAM(E� OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNrr OF: 12-6firy ITY l j COUNTY ❑ COUNTY ❑ OTHER LOCAL AGENCY N E OF POL ICAL SUBDIVISION: 1 C 4 GATE ON WHICH VOTE OCCURRED MY POSITION IS: i 1 _ i� _ rr m-ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: - • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on 'd n2 ��L'r 20 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, V inured to the special gain or loss of--LL. whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed Signa by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2