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1994-08-16385 CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION A. Call regular meeting to order on August 16, 1994 at 7:00 P.M. B. Invocation offered by Reverend Ken McDuffie; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council attendance: Mayor James E. Kirk Councilmember Danny P. Entry Councilmember Michael G. O'Connor Councilmember Jerry E. Walker Councilmember Dowling R. Watford, Jr. Staff attendance: Attorney John R. Cook Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea D. Motion to dispense with reading and approve the Summary of Council Action for the Regular Meeting of July 19, 1994, for the Recessed Meeting of July 25, 1994. Mayor Kirk called the regular City Council meeting to order on August 16, 1994 at 7:00 p.m. The invocation was offered by Reverend Ken McDuffie; Pledge of Allegiance was led by Mayor Kirk. Clerk Thomas called the roll: Present X Present X Present X Present X Present X Present X Present X Present X Present X Councilmember Entry made a motion to dispense with reading and approve the Summary of Council Action for the Regular Meeting of July 19, 1994 and the Recessed Meeting of July 25, 1994; seconded by Councilmember O'Connor. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. PAGE 1 OF 13 1400101 1 E. Motion to approve the Warrant Registers for July, 1994: GENERAL FUND ......$358,794.52 PUBLIC UTILITIES ....$677,242.05 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. F. OPEN PUBLIC HEARING FOR REZONING AND ORDINANCE ADOPTION 1. a. Motion to remove from the table petition 94-417R. AUGUST 16, 1994 - REGULAR MEETING - PAGE 2 OF 13 Councilmember Watford made a motion to approve the Warrant Registers for July, 1994 in the amounts, General Fund three hundred fifty-eight thousand, seven hundred ninety-four dollars, fifty-two cents ($358,794.52) and Public Utilities six hundred seventy-seven thousand, two hundred forty-two dollars, five cents ($677,242.05); seconded by Councilmember Walker. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Mayor Kirk asked if there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. Mayor Kirk opened the public hearing for a rezoning and ordinance adoption at 7:05 p.m. Councilmember O'Connor made a motion to remove from the table petition 94- 417-R; seconded by Councilmember Watford. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. X X X X X X X X X X M F. PUBLIC HEARING FOR REZONING ADOPTION 1. b. Consider Petition 94-471-R for a rezoning request from Residential Single Family to Commercial for property located at 1903 S.W. 2nd Avenue - Mr. Bill Royce (E-1). 2. a. Motion to read by title only Ordinance 670 - City Attorney (E-2). AUGUST 16, 1994 - REGULAR MEETING - PAGE 3 OF 13 Mr. Bill Royce, Planning Director, appeared before the Council explaining this petition is for a rezoning of land from residential single family to light commercial. The property is located at 1903 S.W. 2nd Avenue (Lot 7 and North 1/2 of 8 of Block 40; South Okeechobee) owned by Gary and Deborah Frazier. The Frazier's plan to expand their Building Blocks Day Care Center into this area to open a Pre -School. The Future Land Use Designation is consistent with this request. The Planning Board unanimously recommends that the City Council grant the petition. The Board of Adjustments and Appeals granted the variance and special exception. Mayor Kirk asked if there was any comments or questions from the public, there were none. Councilmember Entry commented he went to the day care center and looked at the proposed site and talked with the property owners around the area and that he did not have a problem with the rezoning or the pre-school. Following brief discussion, Councilmember Walker moved to approve Petition 94- 417-R for rezoning from Residential Single Family to Light Commercial at 1903 S.W. 2nd Avenue; seconded by Councilmember Entry. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Councilmember Entry made a motion to read by title only, (proposed) Ordinance No. 670 (closing an alley in Block 29, City of Okeechobee); seconded by Councilmember Watford. X X X X X F. PUBLIC HEARING FOR ORDINANCE ADOPTION 2. a. Read Ordinance 670 by title only continued: 2. b. Motion to adopt Ordinance 670. AUGUST 16, 1994 - REGULAR MEETING - PAGE 4 OF 13 Vote on motion is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 670 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA, DESCRIBED AS THAT ALLEY IN BLOCK 29; TOWN OF OKEECHOBEE, BY CLOSING SAID ALLEY IN BLOCK 29 BETWEEN LOTS 1-13 AND LOTS 14-26; ALL LOCATED WITHIN THE CITY OF OKEECHOBEE, AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE." Councilmember Entry made a motion to adopt Ordinance No. 670; seconded by Councilmember Walker. 2. c. Public comment. 11 Mayor Kirk asked for any public comments. There were none. Council discussed the area surrounding the alley to be closed and why the property owners wanted to close the alley. After much discussion,, Council - member O'Connor called the question. F. PUBLIC HEARING FOR REZONING AND ORDINANCE ADOPTION 2. d. Vote on motion. CLOSE PUBLIC HEARING G. NEW BUSINESS 1. Motion to appoint Jessica Gore as a regular dispatcher - Police Chief. 2. Motion to appoint Charles Jordan as a regular Utilities Service Supervisor and Hubert Winters as a regular Utilities Service Mechanic - Director of Public Utilities. AUGUST 16, 1994 - REGULAR MEETING - PAGE 5 OF 13 Vote on motion is as follows: KIRK ENTRY X O'CONNOR X WALKER X WATFORD MOTION CARRIED. Mayor Kirk closed the public hearing at 7:34 p.m. Councilmember Watford made a motion to appoint Jessica Gore as a regular dispatcher; seconded by Councilmember Entry. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. Councilmember O'Connor made a motion to appoint Charles Jordan as a regular Utilities Service Supervisor and Hubert Winters as a regular Utilities Service Mechanic; seconded by Councilmember Watford. KIR K X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. X I*1 390 G. NEW BUSINESS 3. Motion to approve a partial pay request to CenState Contractors, Inc. in the amount of $44,389.52 - Director of Public Utilities (E-3). 4. Motion to approve a partial pay request to HCE Electric in the amount of $18,963.30 - Director of Public Utilities (E-4). AUGUST 16, 1994 - REGULAR MEETING - PAGE 6 OF 13 Councilmember Watford made a motion to approve pay request number five to CenState Contractors, Inc. in the amount of forty-four thousand three hundred eighty-nine dollars, fifty-two cents ($44,389.52); seconded by Councilmember O'Connor (for the water distribution system improvements as recommended by Engineer Reese of Reese, Macon and Associates). Director Jones reported the minor problems discussed at the last meeting are being addressed and they are doing a better job on the area they are working in now. KIR K ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Councilmember Watford moved to approve partial pay request number six to HCE Electric, Inc. in the amount of eighteen thousand, nine hundred sixty-three dollars, thirty cents ($18,963.30); seconded by Councilmember Entry (for the SCADA System as recommended by Engineer Reese of Reese, Macon and Associates). This is the final payment for the contract, they will begin the work for the change order previously approved by Council. Director Jones also commented the system is on line and has worked well; and he recommends this payment. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. X X X X X X X X X X 91 G. NEW BUSINESS 5. Motion to approve a partial pay request to Better Roads in the amount of $13,743.36 - Director of Public Works (E-5). 6. Motion to approve an Annual Unit Price Contract to G.E. French Construction in the amount of $345,097.10 - Director of Public Utilities (E-6). AUGUST 16, 1994 - REGULAR MEETING - PAGE 7 OF 13 Councilmember O'Connor moved to approve partial pay request (number one) to Better Roads in the amount of thirteen thousand, seven hundred forty-three dollars, thirty-six cents ($13,743.36); seconded by Councilmember Watford (for the '94 Paving Improvements as recommended by Engineer Kafer of Lawson, Noble & associates, Inc.). Director Elders responded to Council's questions, this is for work done so far in the Southwest section, and he supports this payment request. KIR K X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. Councilmember Watford moved to approve an Annual Unit Price Contract to G.E. French Construction, Inc. in the amount of three hundred forty-five thousand, ninety-seven dollars, ten cents ($345,097.10); seconded by Councilmembers Entry and Walker. Director Jones explained this is type of continual contract the City can have that "locks" a contractor into certain prices for small jobs. The Council will still approve each expenditure of this money, the total amount may or may not be used by the end of the year. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 392 G. NEW BUSINESS 7. Motion to approve a Water Distribution System Expansion Contract to Speegle Construction, Inc. in the amount of $145,319.75 - Director of Public Utilities (E-7) B. Motion to approve a water line replacement project to G.E. French Construction, Inc. in the amount of $19,907.50 - Director of Public Utilities (E-8). AUGUST 16, 1994 - REGULAR MEETING - PAGE 8 OF 13 Councilmember O'Connor moved to approve a Water Distribution System Expansion Contract to Speegle Construction, Inc. in the amount of one hundred forty-five thousand, three hundred nineteen dollars, seventy-five cents ($145,319.75); seconded by Councilmember Walker. This is for the water line extension to South Florida Water Management Office on State Road 70 East. The amount will be reimbursed to the City from SFWMD. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Councilmember O'Connor moved to approve a water line replacement to project to G.E. French in the amount of nineteen thousand, nine hundred seven dollars, fifty cents ($19,907.50); seconded by Councilmembers Walker and Entry. This project is to replace the existing 2" water line on Southwest 10th Avenue as recommended by Engineer Reese of Reese, Macon and Associates. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. X X X X X X X X X X 393 G. NEW BUSINESS 9. a. Motion to read 1994 as a public Attorney (E-9). by title only, and set September 20, hearing date, Ordinance 671 - City AUGUST 16, 1994 - REGULAR MEETING - PAGE 9 OF 13 Councilmember Entry moved to read by title only, and set September 20, 1994 as a public hearing date, (proposed) Ordinance No. 671 (alley closing in Block 4 of Price Addition and N.E. 2nd Street); seconded by Councilmember Watford. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 671 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY AND STREET AS RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; DESCRIBED AS THAT ALLEY IN BLOCK 4, AND THAT STREET NORTHEAST 2ND STREET IN BLOCK 4, PRICE ADDITION TO OKEECHOBEE CITY; CLOSING SAID ALLEY BETWEEN LOTS 1-6 AND 7-12; AND CLOSING SAID STREET BETWEEN NORTHEAST 12TH AVENUE AND 13TH AVENUE; ALL LOCATED WITHIN THE CITY OF OKEECHOBEE; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE." This is for Street and Alley Closing Application No. 43 filed by Charles Farmer and James Crowe. 9. b. Motion to approve the first reading of Ordinance 671. Councilmember O'Connor made a motion to approve the first reading of 11 (proposed) Ordinance No. 671; seconded by Councilmember Walker. 394 G. NEW BUSINESS 9. b. Motion to approve first reading of Ordinance 671 contin- ued: 10. Consider application No. 44 from Hospice to close an alley - City Clerk (E-10). 11. Discuss the Debt Service - Councilmembers Walker and O'Connor (E-11). AUGUST 16, 1994 - REGULAR MEETING - PAGE 10 OF 13 IVote on motion is as follows: KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Councilmember Watford made a motion to instruct Attorney Cook to draft an ordinance closing the alley (in Government Lot 4; First Addition to the City of Okeechobee and Block B; Central Park as filed in Application No. 44 by Hospice of Okeechobee); seconded by Councilmember Walker. KIRK ENTRY O'CONNOR WALKER WATFORD MOTION CARRIED. Upon the request of Councilmembers O'Connor and Walker, a new Resolution amending the debt service fee amounts is included in Exhibit Eleven. At the last meeting Resolution No. 94-15 was adopted increasing the debt service amount (to $13.40 from $8.00 for the smallest meter within the City). After further review of the finances in Public Utilities by Administrator Drago and Finance Director Parker, it was discovered that the Council could transfer $200,000.00 from the general utility operating fund to the debt service fund which would require the raise in the debt service to only $10.00 (smallest meter in the City). X X X X X X X X X X 395 G. NEW BUSINESS 11. Discuss the Debt Service continued: AUGUST 16, 1994 - REGULAR MEETING - PAGE 11 OF 13 Following much discussion between Council; Councilmember Walker made a motion to adopt Resolution No. 94-16: seconded by Councilmember O'Connor. Attorney Cook read Resolution No. 94-16 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING SECTION C OF THE PUBLIC UTILITY RATE RESOLUTION 89-5; PROVIDING FOR AN EFFECTIVE DATE." Discussion ensued concerning whether or not the °debt service" had to be set out on the utility bills since monies could be contributed into the debt service fund. Administrator Drago explained all the bonds require the "debt service" be set out on the bills and that the rate structure plus the $200,000. contribution meets all the debt service requirements. Upon the request of Councilmember Walker, Mayor Kirk instructed Attorney Cook is to check out the legality of a reduced cost break for the elderly citizens. Mayor Kirk interjected, while the Council was discussing utilities, he needs from each Councilmember any concerns they have on the Utility Authority and state them at the next meeting. These issues will be addressed in the working group's negotiations for a Utility Authority because we are moving in a rapid pace right now. Councilmember O'Connor called the question, vote is as follows: KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. • ;I G. NEW BUSINESS 12. Discuss not raising property taxes - Councilmember Walker (E-12). AUGUST 16, 1994 - REGULAR MEETING - PAGE 12 OF 13 Mayor Kirk advised the Council he and Administrator Drago had gone through the budget review process with the Department Heads and that the City has a balanced budget with no increases in taxes. Councilmember Watford asked if the request of the pension board is included in the budget. Mayor Kirk responded that it was not. Listed in Exhibit Twelve are three options Administrator Drago gave in order for the Council to grant the general employees pension request for an increase. The three options in Exhibit Twelve are to raise property taxes 12 cents ($4.94 to $5.06); use monies from the employees longevity bonuses; or deny the requ est. Council then discussed whether or not the Department Heads were advised of the administrator's memorandum to the Mayor and Council when the budget process meetings were held with the Administrator and Mayor. Administrator Drago responded they did not know of the memorandum (Exhibit Twelve). Councilmembers Walker and Watford stated they would want a budget workshop to go over the budget and see if there is some way the pension request could be granted without having to raise taxes or use bonus monies. Mayor Kirk and Administrator Drago stressed they felt the budget is a "bare bones" budget and the request could not be granted other than the three options given without jeopardizing the daily functions of the departments. Councilmembers Watford, Walker and Entry were in favor of discussing this at a budget workshop. Administrator Drago is to set the workshop up. (The Finance Department's budget calendar indicate an August 30th workshop if approved by Council). 397 ADJOURNMENT Mayor Kirk: NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE ATTHIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. James E. Kirk, MAYOR ATTEST: Bonnie S. thorn.As, CMC CITY CLERK AUGUST 16, 1994 - REGULAR MEETING - PAGE 13 OF 13 There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:33 p.m. VERBATIVF ITEM G.11 'DISCUSS THE D* SERVICE' MO- I, after last meeting, I got with Mr. Drago and Lydia through Lola Parker a d was wondering 9 there wasn't something we could do to help reduce this debt service that were ..... goi g to have to go up on the other night. And, I got some of the numbers back through Lola's office and through th administrator's office and toll him what I was trying to do and if we didn't have some money some place el in the utilities since it was utilities where all of this disaster originated several years ago, that we should try see what we could do to help these citizens of Okeechobee In this delima that we're all in because of what hal pened back then. And the figures that Mr. Drago came up with was we were at $8.50 and went to $13.40 last meeting that we was at and that put us at $13.40 and then when Lola and Mr. Drago got on top of this thin and started working with It, ft got us to where were back down to $10. so that's really only $1.50 over what we were paying before. And unbe- knownst to me at the same time Commissioner Walker came in there to see Mr. Drago and was inquiring about the same thing to see what we could do about this so It was something t t we were thinking about and this is a way that we can do it and I think that we owe it to the citizenry to do this and we got the money to do It with. JW- The only thing that, I think I discussed this with our administrator was the I ad that ff there was some way they could add like, a scale in there for like, low income people.... JD- unfortunately our resolution isn't geared that way... JW- we can't do that?....JD- right .... JW- legally we can't do that right? JC- I haven't been asked to review that. JW- would you? .... JC- yes. MO- only thing I thought about that Councilman Walker when I had heard part of that was that was the fact It would sound to me like, with the intent being well, it could be, some could classify It as discrimination. JW- well, yea, but they do do It in other places for people that can't pay ft, IRS s it with your income tax. MO- but I really think that were well off with this one were we only had to up It $1.50 rather than going all the way up to $13.40 from $8.50... JW- I agree with you there, I'm just saying I'd like the other reviewed to see if it know. something we oouid look at, you JK- when did we raise the rates? JD- last meeting ... JK- last meeting? MO- yes sir they went from $8.50 Mayor to $13.40. DW- it's my understanding, cause I had talked with the administrator when I heard my understanding that these did that this may be discussed, frs rates not go into effect, they should have gone assume....JD- now .... DW- now and so the administrator said that he had out in the billing that's being, I the until this meeting to see what happened, cause it would have been extremely and then had to go back refund or something, authority and could hold that off bad N we had increased them so he said he ..... JK- no one has rates?...DW- nobody has been billed this new rate. been billed the new JK- You're comfortable with the $200,000 Mr. Administrator? JD- yes.....JK- there's satisfy all of our requirements?....JD- not a going to yes---JK- okay, then what do we needto do at thispoint?... JD- you need to adopt Resolution 94-16. JW- Mr. Mayor I make a motion we adopt resolution number 94-16. MO- I second ft. JC- For the Clerk's records let me read the title. Resolution 94-16. A resolution of amending section C of the public Utility Rate Resolution the City of Okeechobee, FL 89-5, providing for an effective date. JK- my only comment is that I'm glad we did this before we put it out, DW_ Mr. Mayor I think we asked about this last meeting, I think it's unfortunate that we adopted the other. I have a question, the way the bonds are structured, we didn't think about this before which debt service on the billing .....JD- all of them ..... DW- well does this meet that bonds is it that require the requirement then? JD- all the bonds require the debt service and the rate structure that you've adopt meets all the debt service requirements. ed plus the $200,000 contribution DW- I had interpreted that to mean that the debt service portion of the bill had to be that not correct? sufficient to service the debt, is JD- That's correct and you are fulfilling an obligation by contributing $200,000 which you have every authority to do. DW- Using that theory then we don't have to have the debt service on the bill, is that rates such that we don't have to have the debt correct? We could raise the service on the bill. 11 JD- Now your dealing with a di fea funding mechanism and I would venturethat service to the volume ff Y you tied the debt metric g y your going to sub'ed ourseff to fluctuat have to set that rate sufficiently high enough for those people who go off of revenues which you're going to he service that the revenue will not suffer, those that remain on the service in essence supplement those that go off the service, the debt service fee eliminates that because if you go off the service you still pay the debt the property owner would not supplement those people that off the service fee and it was set up so that go system. JK- I think we've discussed this a couple of times and I don't know if I can explain but with debt service you do have a guarantee stream of X this a way I understand it or not, number of dol amount of water we use that's going to be a fluctuating rate, and we're no rs each time where If Ws on the going to get as bond... good a rate on the JD- and thats exactly why the system fell into the financial condition it did in 86 and 87 cause you tied the debt service to the volume metric rates the minute you skim the debt se off there was not enough money to operate the system and henceforth you had that $500,000 deficit, since that time and since the Council's Initiated that debt service rate, you have not had a deficit, the system has unded itself and you're able to make those necessary capital Improvement things that are needed plus the main enance. JK- while we're In the middle of this I need to bring something out that fits in u what 1 y one 0 at the nex"E mee m$Lan&Xh ' Item, a �..�.,. n council meeting f w�i need �m you any concerns 1 Item, at the next ; lieccause we are moving In p - rI! the wo ng group or the DW- what firm did they hire? is it the one that was here last time? remember, us that we all liked. JD- yes, Minton & Hartman. the to now. one that gave the presentation to JK- we had a meeting to do so and I think those present was myself, Mr. Altobello, Mr. Abney and Twyla, that was the only people in the building, so we had a small crew that night. DW- but that is the firm that was selected. JK- I don't think we selected that night, I think that was when we met again. DW- can I ask another question? Back to what we were discussing about whether it does or doesn't, aren 't we doing that to a certain extent by doing it this way? JD- supplementing it? .... DW- yes .... JD- but the problem is your supplementing It with general not singling out the rate payer to supplement the debt service. operating funds, your DW- say that again I guess I didn't understand that, slower. JD- your taking the surplus revenues in the operating fund from all operations to use it as a supplement debt service, you're not directly taxing the rate payor to supplement the deb service. to pay the DW- where did that money come from then ff the rate payor didn't pay it? JD- it comes not only from the rate payor there's certain other fees and charges hat the utilities charges that goes into the fund like any connection fees for new development goes into the op irating fund, fire hydrant fees go into the operating fund, miscellaneous fees go into the operating fund, all the se fees combined with the rates that you charged any surplus that's there is used to supplement this paymen , you're not directly subjectin people like Mr. Miniham to supplement the people that go off the system. g JK- in essence your putting some money back into it, that's what your saying....) - sure .... JK- and to helping pay the debt .... JD- and irs the same monies in the operating fund thats used to transfer into the iro eme replacement fund to buy the trucks, to buy the computers, lay your water lineand do those othheevednt and services. DW- to me your using a technicality to say well some of that money comes from re some of it comes from the rate Payers....JD- absolutely .... DW- so I guess your going to say how much of it mes from the rate payor, does 10% or does 100% come from the rate payor?.... JD- I'm not, Mr. O'Connor asked me that same question and I told him I didn't care about Interest didn't care about rate percentages the only thing I looked at Is the bottom line, what surplus was leftwghat the utilities could afford to carry over what it needed to carry over to the Improverrient and replacement fund to take care of projects that the Council has already approved, the $200,000 was the figure, now next fund does well, ff the council want's to move 2-30, 2-40, 2-50 or 0 you can d that. fir' If the utility DW- okay but ff -we move 0 then we would have to adjust the debt service....JD- thats correct ..... DW- so were back in the same box, but my point is, what do you call all the money that the utilities dept. takes in? all of it, what You pay for your water service, and what you pay for your connection, whars hat term you used, what's that term you just used for that money, you called it ithe operating fund? ....JD- rating fund revenues ..... DW- the operating fund revenues then we could use only operating fund revenues to y the debt service, couldn't we? JD- ff you had enough surplus in the operating fund to the tune of $1 million a yea , ff the Council wanted to take the $1 million and use it to pay for the debt service the answer is yes. DW- thank you, thank you, so we could do it that way, okay, and then we wouldn't service on the bill.... have to have the word debt JD- you would still have to haveecause the bond resolution sets the having 0 on the bill but it's still going to say debt service, 0 $1, $4 H JK- I certainly hope in not the to far future that this conversation wont m KT a DW- JK- MO- DW- nism to have it, you may wind up anyway, I certainly hope that's true Mr. Mayor but it's just extremely frustrating because I don't kr complaints about than anything else is that the word debt service, Dw about ya'll but 1 get more I don' is, that's the one thing that we get the most complaints on and I guess when we first did this we said we were care what you hat sort gets me Is If, we ftor all think h ft back putting It on there because we 9t paid all the debt by using the term debt service and collecting It as such, did those bonds ..... JK- that's correct DW- a better bond rate, you know, If we that's what we've been told .... know were going back and s4 everything and the bond company says that we have to have that on the way .... JK- he's surplanningDW- I since we tying well yea we got a better rate and a but we're not going to do .... don't care what you call it, su but you know the point is, If that' s the case we don't have to have that it that or we've been and told that we have to have that debt service on there and last meeting and I think we all anticipated this that you know to meet way told, and told, when we came here we were told our debt service debt service to these amounts now were coming back and were saying wall way, but we don't have to and that just doesn't, we were going to have to increase the yea were suppose to do it that I like the idea, but I'd rath other charges, If that it what we have to do is just put 0 on t but here, I'd like t ,just put 0 on there, but, and do it the other way, I 3r see it go to 0 and just raise all the just take the whole words off there and guess that's ff we've been told, and told, and told we can't do It that way and I guess it's passed this last meeting under that assumption kid of frustratint, we ing do especially that way and just..... and now we're well ma we dons have to ay 8 e Mr. Mayor if I had thought aboout it at the last meeting I would have certainly have had to done this but I'm sure heck glad that I did happen to think have brought It up so we wouldn't about so that we could bring this up to take care of it cause the bottom line is, Is matter how we do It, we're getting it down for the citizenry, It and so did Councilman Walker that we're lowfering the rates no that s what wig should be interested in. well we're still paying that money, some how or another were stilling paying that money.... nobody doubts that.... I'm not saying that we're not doing that, I'm just saying that we don't have t with the debt service and raising It, we're only having to raise It $1.50 inst tax our citzens that much more of $5.50.... I agree with the principle I just really object to that, cause I think we all know the Mayor did for sure, have we got to do this and everybody didn't.... this questioned last meeting, I says yes, yes, we've got to do this, so why MO- were still doing it It's just not as much. DW- well, we're coming in the back door to do It and I guess, I think everybody been told and told and told we've got to have that debt service on the bill. MO- if that's what the bonding company say according to law then obviously we DW- but we don' have to have It on there. MO- DW- MO- DW- MO- I dont' know what the big issue is if have to have It or we don't have to have getting the price down lower for the citizenry and that's the main issue here. we've still got to come up with how ever many million dollars we owe this ne) with $1 million but whether that comes from debt service or other that comes It comes from the rate that we pay for our water, the volume charges, we've a missing the Point here. Weave or... it Councilman Watford, were t year, we've still got to come up from connection fees or whether till got to pay that same amount. the other side of the coin was, just like the Mayor said a minute ago, I didn't an to have to bring it up, but, if the utility goes like were all hoping it will go this will eliminate that problem all together. Yes sir and that's what everyone has been hauling about, that's why they wan and as far as next year If the authority Is not in place yet and we have to go k of the operating fund or the spare tire fund, I really don't care as long as we c for it, we can get carried away with the way its worded and all that and not ac think we're accomplishing something. DW- I don't object to this, I'm going to vote for it, I guess Its a matter of principle, % can't do that, that we've got to have enought, that we've got to charge enough my main focus, have we got to charge enough debt service or not, the bond sr enough debt service that's what we've been told and told and told, no were be somewhere else we don't have to charge that much debt service, so do we hae we not have to charge a debt service? JK- I'll try to answer that as best as I understand it, yes we do, and what we are do russfan rulRe here, we're lowering the rates after another year passes and thinc us to do it. k to the utilities and take it out take ft out of something to pay nplish anything, this way here I 'e been told and told that we 1bt service and I guess that's were suppose to charge l told well N we get funds from to charge debt service or do 9 is Playing a little bit of stay status quo then he's a going to have to come up Sout of general fund or somewhere in we can't always do that so we, I assume based on that we ooukl get ca rats g short in ng es anotherand DW- you'd have to come back and raise the debt service next year.... , Is that true? JK- we sure would, so we're using the $200,000 he's putting in here to lower the debt service. DW- I understand that and I don't have any problem with that, I think it's a great we do ft that way? idea, my only concern is, legally can JK- I certainly hope so if thats what were doing.... MO- it's utility money .... DW-thats not the point ..... MO_ it is the point we have utility money and so were going to pay them with utility money, to tee debt that's where utilities no in the general fund.... DW- I agree with that 100%. vales Inncurredlwas ins JK- I think where were getting off here gentlemen Is the fact that and Dowling probably from the get go that we've involved bear with me on this comment I think gotten in debt service that some much rather have put it on the water volume and let that take care of it, the go to get the better price on the bond, me embers s the Council would problem is this k were if I understand ft ht the said fluctuate, we're going to set a rate over here and the on way way that rate would more customers we had to would c0m1A downuse or for us to put dollars on it, anytime we put extra dollars then you're setting yourself up for double high possible even the next ti IsIsu o either Ve on it, ft changes for that time, but year. around but this gives us relief for a JC- the bond covenants require the city to maintain a debt service, but the amount of that debt service is subject to change, I think what Mr. Drago is saying is to comply with those covens certain rate, chip in a contribution as long as we come out with the amountHof moneyes we y to coven set r it, Ws perfectly permissible. l DW- that's your opinion or that's your Interpertation? JC- m rote there, we could say we'll put debt service to 0 but if we have t raise volu on ,metetriiccf mates label nn�� fees to cover paying the debt, you're getting it from here or from the customer, ur getting it from here regardless of the label you put on ft. MO- call the question. JK- I need to may one comment before I honor that request, please remembm leave this item eleven there is no where else I can discuss this any concerns you have, because were getting the point noW„that were, g4 HOW-6nd I need to address any of these concerns that you got because y t�i^606uncilmgan and of the City are protected ad we d_ a wayMcf_g� biessm for uite a while now I need somethingfrom you in information. o thfs thing correct JW- Mr. Mayor, you don't have any problem researching that to see ft we can JK- I would consider that part of his job. Vote: all aye. motion carried. I oaks .vl1tR1. ,fft the nex Mpg to start neotistiea sorrw them Ve had me doing this with your full �'Ir`make wsuret_of please Wiring me back some do someting... E + Gnc�Q� mag NRuiiMIA fin+ Looker mo c I r _U� AjDd .... a, we 14 KIRK n/a n/a ENTRY ,/ O'CONNO WALKER, WATFORO CARRIED,/ DENIED �Ce .)k4y '9V CARRIED / DENIED • �i. d KIRK n/a I n/a ENTRY O' CONNOR ' WALKER WATFORD i� CARRIED) / DENIED POA7floj licay y�, 52 / DENIED • I� I b-) A (c. le i 5' ! I"rk'*e-x q�oaoUJ ui A)OLt(u_,__ CL =. w k> -gyp i� S ki Co : MC-4Te�) (�pplo_)U 0_) (E- (P) vI.C-u� - ``- 7� �y ::;fig:•. KIRK n/a n/a ENTRY O'CONNOR WALKER ;r WATFORD -CARRIED / DENIED WATFORD v P CARRIED-' / DENIED I O'CONNOR WALKER WATFORD I I ✓ CARRIED)/ DENIED s a� AN ORDINANCE CLOSING, VACATING AND ABANDONING 'THE ALLEY AND STREET AS RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; DESCRIBED AS THAT ALLEY IN BLOCK 4, AND THAT STREET NORTHEAST 2ND STREET IN BLOCK 4, PRICE ADDITION TO OKEECHOBEE CITY; CLOSING SAID ALLEY BETWEEN LOTS 1-6 AND 7-12; AND CLOSING SAID STREET BETWEEN NORTHEAST 12TH AVENUE AND 13TII AVENUE; ALL LOCATED WITHIN THE CITY OF OKEECHOBEE; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN TIIE PUBLIC RECORDS OF T1IE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECI-iOBEE COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. 4l -die-rn� �(� � � UCCU E - rod NQA a9? -> I - �'�------------- GhS a XL4q Cwtj 410.9 0 L Q(�k a�r2 ��► Iq q- kv, ikt 4�u�Q,�� � C�k�r�Ci Yu 2ria iziq E ; CB.RoV� C - u gin _ _Q n ex - _ / / n LL 2rd Pfll 2 a. Macy. � ejaqj *4 Cam- Cdnmov�s_ ��K29� 1 e od wo ` AN ORUINANCis' CLOSING, VACA771VG AND ABANDONING THE ALLEY AS RECORDED IN 1,LA7' MOOR 1, PAGE 10, PUBLIC RECORDS, OKEECUOPEE COUNTY, FLORIDA, UESCRIBEU AS MAT' ALLEY IN PLUCK 29, 7Y)IYN OF 7YEEN LOTS 1-13 AND I LO7S 14 26; ALL CLERK LOCATED WITHIN RECORD THE C17TOF'rrC11OPEE, AND OKEI"CIIOPEE PI CLOSING SAID ALLEY IN BLOCK 29 PE I, DIRECTING TIIE CITORDINANCE, IN 711E PUBLIC RECORDS OF HIE CLERK OF THE CIRCUI7' COURT IN AND I'OR OREECIIOIIIF COUN7Y, FLORIDA; PROVIDING AN EFFCC7IVC UA7E. --- — ----------w;----^mow kc ' 26- 2,0► kM�Y • . ----Gil - slua Uc) -ft -- ---- ----- -- -Jnle lcolo xv C1rnoccnf $13, 7 3, 3l, Wko(Zlv,�5- 21-d b.,�- ►.�s�ut o- �uP,o�3- koodo t � _ lqq p'ul ►�a�l�.¢a�- - �� QQA ,S�n�s � Sc� Can d *10 wfs LW Lot 1,0 A)u Ltj- a. Coo s+ik0 �cs�s.Q: �A � lu peon OF. 0KE�c v • ORI�P CITY OF OKEECHOBEE CITY COUNCIL MEETING OFFICIAL AGENDA A. Call Meeting to order on August 16, 1994, at 7:00 p.m. B. Invocation offered by Reverend Ken McDuffie; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Councilmember Danny P. Entry Councilmember Michael G. O'Connor Councilmember Jerry E. Walker Councilmember Dowling R. Watford, Jr. Staff Attendance: City Attorney Cook City Administrator Drago City Clerk Thomas Deputy Clerk Gamiotea D. Motion to dispense with the reading and approve the Summary of Council Action for the regular meeting of July 19, 1994 and the recessed meeting of July 25, 1994. E. Motion to approve warrant Registers for July, 1994. General Fund $ 358,794.52 Public Utilities $ 677,242.05 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA .�, Open Public Hearing for Rezoning and Ordinance Adoption 1. a. Motion to remove from the table petition 94-417-R. b. Consider petition 94-417-R for a rezoning request from Residential Single Family to Commercial for property located at 1903 S.W. 2nd Avenue - Mr. Bill Royce (E-1) • 2. a. Motion to read by title only Ordinance 670 - City Attorney (E-2) b. Motion to adopt Ordinance 670 c. Public comment d. Vote in motion L7. New Business 1. Motion to appoint Jessica Gore as a regular dispatcher - Police Chief 2. Motion to appoint Charles Jordan as a regular Utilities Service Supervisor and Hubert Winters as a regular Utilities Service Mechanic - Director of Public Utilities 3. Motion to approve a partial pay request to CenState Contractors, Inc. in the amount of $44,389.52 Director of Public Utilities (E-3) 4. Motion to approve a partial pay request to HCE Electric in the amount of $18,963.30 Director of Public Utilities (E-4) 5. Motion to approve a partial pay request to Better Roads in the amount of $13,743.36 Director of Public Works (E-5) 6. Motion to approve an Annual Unit Price Contract to G.E. French Construction in the amount of $345,097.10 - Director of Public Utilities (E-6) 7. Motion to approve a Water Distribution System Expansion Contract to Spee le Construction Inc. in the amount of It1dA 110 Tr, - n,�er..... -4 o..►..c_ 1 �.�:.:__ .r- g ' 8. Motion to approve a water line replacement project to G.E. French Construction, Inc. in the amount of $19,907.50 - Director of Public Utilities (E-8) 9. a. Motion to read by title only, and set September 20, 1994 as a public hearing date, Ordinance 671 - City Attorney (E-9) b. Motion to approve the first reading of Ordinance 671. • 10. Consider application No. 44 from Hospice to close an alley - City Clerk (E-10) 11. Discuss the Debt Service - Councilmembers Walker and O'Connor (E-11) 12. Discuss not raising property taxes - Councilmember Walker (E-12) ADJOURNMENT NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED • 0 Okeechobee City Council August 16, 1994 Staff Report and Recommendation Petition 94-417-R, Gary R. and Deborah A. Frazier. Property ac Avenue in the City of Okeechobee. nest for a change in zoning Family (RSF) to Light Commercial)• NOTE: Following this staff report are the staff reports for the Petition No. 94-414-S, a request for a special exception to allow i center in a C-1 zoning district; and Petition No. 94-122-V, a req required set backs. Petition Numbers 94-414-S and 94-122-V h Board of Adjustments and Appeals with several conditions. The City Council for consideration is Petition No. 94-417-R, a reque; from Residential Single Family (RSF) to Light Commercial (C-1 Back_ ground The subject parcel is located at 1903 S.W. 2nd Avenue, in the C parcel consists of one and one-half lots, for a total size of about 11 east of the subject parcel, and facing South Parrott Avenue, is a c west is residential development. To the north is Building Bloc owned and operated by the applicant. The property to the east i as is most property along South Parrott Avenue in this area. T occupied by Building Blocks Daycare Center is zoned Light Cron to the north of Building Blocks Daycare Center is zoned Comme: west and south is zoned Residential Single Family (RSF). The cl west and south is primarily residential, while to the north and east Street, which separates the subject parcel from Building Blocks D; street but has not been constructed. Consistency with Land Development Re lu a_tions The applicants desire to establish a pre-school at the subject parc house for this use. The proposed pre-school is a permitted Commercial (C-2) zoning, or is a use permissible by special except (C-1). The Commercial (C) zoning district has been replaced by 1 Although land to the east, and facing South Parrott Avenue, is zon suggests that it would be more appropriate to obtain Light Colo along S.W. 2nd Avenue, rather than Heavy Commercial, as S. is 1903 S.W. 2nd Residential Single ,o associated petitions, r a day care/pre-school :st for a variance from e been granted by the my petition before the for a change in zoning y of Okeechobee. The 688 square feet. To the urch. To the south and s Daycare Center, also zoned Commercial (C), the north, the property nercial (C-1). Property ial (C). Property to the racter of the land to the commercial. S.W.19th ►care Center, is a platted el, converting an existing principal use in Heavy ion in Light Commercial ieavy Commercial (C-2). ed Commercial (C), staff unercial zoning for land W. 2nd Avenue abuts a 1 Stec Repast and Reaa®endat3oa Olmodwb a aq CMX9 Petidw 94-417-R Aupot 16,1994 residential area. The more restrictive uses permissible by the Light Commercial zoning are more compatible with the adjacent residential zoning and development than if Heavy Commercial zoning were obtained in this area. The subject parcel is contiguous to a like zoning district to the north, and to a more intense zoning district W the east. Consistency with Comprehensive Plan The subject parcel is located in the Commercial future land use cl ification of the adopted City of Okeechobee Comprehensive Plan. The Commercial cl ification extends from Parrott Avenue to S.W. 2nd Avenue. The proposed development d the proposed zoning classification are consistent with the adopted Comprehensive Plan Staff Recommendation As the proposed zoning classification is consistent with the adopted land development regulations, and as the proposed developmen residential and commercial characteristics of surrounding areas, st City Council grant the petition for a change in zoning from Residei to Light Commercial (C-1). Planning Board The Planning Board, on July 26,1994, unanimously recommended Council grant the petition for a change in zoning from Residentig Light Commercial (C-1). The Board of Adjustments and A associated petitions. The summary of that meeting follows. William D. Royce Planning Director .omprehensive plan and is compatible with the ff recommends that the ial Single Family (RSF) iat the Okeechobee City Single Family (RSF) to peals also granted two 2 St& Repast and Remnowndadm obeahabee aq cou�1 Fed" 9"17-R AUOM 14 IM 0 Okeechobee County Planning Board Summary of Meeting July 26, 1994 The Okeechobee Planning Board/Board of Adjustments and Appeals met in regular session on Tuesday, July 26, 1994 at 7:00 p.m. in the County Commission Meeting Room, Okeechobee County Courthouse, 304 Northwest Second Street, Okeechobee, Florida. Chairman Frank Marsocci opened the July meeting. Board mem rs present were Monica Clark, John Smith and Keith Pearce. Members absent were Brenda O'Connor, Dan Delagall and Jim Burke. Alternate Renee Hazellief was desipate I as a voting member for this meeting. Also present were John Cassels, County Attornt y, Bill Royce, Planning Director, Joseph Crum, Code Compliance Director; and Vikki Aaron, Secretary. Agenda Item #2, Petition 94-122 V, Gary R. and Deborah A. Frazier, Property Owners and Applicants. Request for a variance from required setbacks. Frank Marsocci stated there are three (3) petitions regarding tlds property. One for a rezoning from RSF to C-1, a request for a special exception to allow a daycare center in a C-1 zoning district, and a variance from the required setbacks. Mr. Royce stated the applicants wish to convert the existing hou operated in association with Building Blocks Daycare Center. Suc require commercial zoning. The future land use for the entire U Avenue and Parrott Avenue is commercial. There is a reasonable i that part of the city will develop into commercial. Currently, ther development on Southwest Second Avenue. In order to accoi commercial development a variance would also be required. 'I property is set back 9.5 feet from the south property line. If the Light Commercial, the required setback from the south property the applicant is requesting a change in zoning from Residenti., Commercial, the applicant is also requesting a variance of requirement of 20 feet. If the property were not rezoned the apI a variance of .5 feet be granted. Mr. Royce stated he would rei approved subject to a condition that there be a substitute buffer f Also, the variance would only be for the footprint of the existinj It also became apparent that there was a problem on the north existing house is set back 4 feet from the property line and althoi north of the property has not been built, it is still a public stre corner lot from the north property line is increased to 18.75 feet suer Repan and Obdcbc m aW CMWCU 9N17.R e into a preschool to be � an establishment would -k between S.W. Second tpectation that over time is very little commercial modate the request for ie house existing on the iroperty were rezoned to ue would be 20 feet. As Single Family to Light 10.5 feet from setback licant would request that :)mmend the variance be r that 20 foot separation. building. e of the property. The the street immediately The setbacks for this 75% of the required 25 3 0 foot front setback. If the property were rezoned, the existing ouse would therefore encroach 11 feet into the required 15 foot setback. The applicait is also requesting a variance from the north setback requirements. The site plan indicates there would be a playground to the west but flush with the north side of the building and it would also be 4 feet from the north property line. The recommendation would be to allow the playground within 4 feet of that right of way so long as that right of way remains undeveloped. If some time in the future that road was put in the playground should a moved to meet the setbacks. Keith Pearce questioned the parldug as indicated on the site plan. Mr. Royce stated that according to the regulations parking is allowed to be in the required side yard. Mr. Royce also stated the site plan was submitted during last months meeting and has not gone through Site Plan Review and has not been approved. Frank Marsocci stated a child care center is a good transitional use for that area to begin the transition from residential to commercial. Jackie Flood was recognized by the Board. Ms. Flood presented a petition with six (6) signatures to the Board opposing the child care facility. Mr. Marsocci read the petition into the record. John Smith moved to recommend to the City Council that the variance of 10.5 feet from the required setback of 20 feet from the south property line be granted subject to the following conditions: 1) The variance shall be for the footprint of the existir g structure only; 2) A six (6) foot privacy fence shall be provided between the subject property and the residentially zoned property to the south; a id 3) If the petition for a change in zoning is not granted, a variance of .5 feet be granted from the residential setback requirement o 10 feet, but only for the footprint of the structure. John Smith also moved to recommend to the City Council that a variance of 11 feet from the required setback of 15 feet from the north property line b granted, subject to the following conditions: 1) The variance shall be for the footprint of the suet Rgwn .m a.�meaaation Ob wdwbm MY Cbmdl 9"17.R Auprt 16.19% structure; 4 2) No additional permanent structures, other than p ermissible fences, shall encroach on required setbacks so long as the street remains a publicly dedicated right -of -war, 3) The proposed playground may be located no less than 4 feet from the north property line so long as the publicly dedicated right-of-way remains unbuilt, and therefore unlikely to be utilized by the general public. If the street is built, the playground shall be moved such that it meets structural setback requirements; and 4) If the petition for a change in zoning is not granted, a variance of 14.75 feet be granted from the residential setback requirement f 18.75 feet, but only for the footprint of the existing structure. The motion was seconded by Monica Clark. The motion carried Agenda Item #3, Petition 94-414-S, Gary and Deborah Frazier, Property Owners and Applicants, Request for a special exception to allow a child care center/day care pre-school in a Light Commercial (C-1) zoning district. It was noted that discussion about this petition occurred during the discussion for Petition No. 94-122-V, the request for a variance from required setbacks. Monica Clark moved to grant the special exception with the following conditions: 1) Construction of the proposed facility shall begin within twelve (12) months of the date that the special exception is granted and construction shall continue in good faith, otherwise the special exception shall be null and void; 2) The special exception shall be conditioned on continuous use such that if the use ceases for a period of more than six (6) consecutive months or for more than twelve (12) months during a twenty-four (24) month period, the special exception shall be null and void; and 3) Parking areas and all travelways shall be paved or otherwise constructed and maintained, including striping, according to the applicable City regulations and as directed by the Site Plan Technical Review Committee; and 4) If the petition for a change in zoning for Residential Single Family (RSF) to Light Commercial (C-1) is denied by the Okeechobee City Council, the special exception shall immediately become null and void. The motion was seconded by Keith Pearce. The motion carried 5 SaC R"M a-d R.oMMMdadm obwbabe CRY Coimdl A 11,-94d17R ABOW 141994 L� 0 Agenda Item #5, Petition 94417-R, Gary and Deborah Frazier, Applicants, Request for a change in zoning from Residential Single Commercial (C-1). It was noted that discussion about this petition occurred during tl No. 94-122-V, the request for a variance from required setbacks. John Smith moved to recommend to the City Council that a Residential Single Family (RSF) to Light Commercial (C-1) be V The motion was seconded by Monica Clark. The motion carried suff Repw= o m.bAh.. C y C=BW P**Am 9"17-a AUVO 141W Property Owners and Family (RSF) to Light discussion for Petition in zoning from 6 1 . DATE :•: J►►PL.1�AYlONNWA>iE1l,:... COUNTY OF EE tJliltli0i`C'�It5M 4. •.COUNTY.::'•• V J .,,RE Me7itiQE 0. 4 ZONINGS . 'DpIN O k bee ' Fkxid 8- 34 9 'A t► .O t1`0. 63-5 uuA. e �u NJ .flR . t:Ji1 �`US PUCj► � NAME OF PROPERTY OWNERS) � K� (7 h 1 'MAILING ADDRESS 8 ) // — �+ tRO►ERTY ADDRESS V (� �c1 !.� e-, L AME OF APPLICANT IF OTHER THAN OWNER (must stab relationship): ote; If not Owner or Attorney at Law. proof of authority must tie pro i "s d on Form' -Z HOME TELEPHONE: (? '� WORK TELEPHONE: (,�� - UU V DIRECTIONS TO PROPERTY �{ Lti �-a 1 0_j-4E! G ��' WHAT IS CURRENT USE OF PROPER DESCRIBE IM►ROVEMENT41 ON PROPERTY (If none. so state) APROXIMATE NUMBER OF ACRES () IS PROPERTY PART OF PLATTED SUBDIVISION? .� S ARE THERE ANY DWELLINGS ON THE PROPERTY. IF $0. STATE NUMBER AND I YPE (CONVENTIONAL. MOBILE HOMES ETC.) AND WHETHER THEY ARE OCCUPIED 'e-rl6i vC • " 2 IS THERE ANY CURRENT OR RECENT USE OF THIS PROPERTY THAT WOULD BE A VIOLATION OF COUNTY ORDINANCE? IF 40. DESCRIBE (� 1 HAVE THERE BEEN ANY LAND USE APPLICATIONS CONCERNING ALL OR PART OF THIS PROPERTY IN THE LAST YEAR. IF $O. DESCRIBE DATE. NATURE AND APPLICANT'S NAME n(� IS A SALE SUBJECT TO THIS APPLICATION BEING GRANTED? IS THE SUBJECT PARCEL YOUR TOTAL HOLDINGS AT THAT LOCATION? IF NOT, DESCRIBE THE REMAINING USE OR OR INTENDED USE L r C -S C a BRIEFLY DESCRIBE ADJOINING PROPERTY USE TO THE NORTH iA. re SOUTH �- EAST WEST I' r NT ZONING CLASS aPROPOSED ii YOUR DESIRED PERMITTED USE UNDER THE PROPOSED CLASS? NTED. WILL THE NEW ZONE BE CONTIGUOUS WITH A LIKE ZONE? PECIAL EXCEPTION NECESSARY FOR YOUR INTENDED USE? ::..:.; I±..e SI�R�T Ri S.4�i .......... as DESCRIBE THE SPECIAL EXCEPTION SOUGHT: zk\/ PROVIDE SPECIFIC ZONING ORDINANCE CITATION (Ciao and exam-0/a number%: ARE THERE OTHER SIMULAR USES IN THE AREA. IF 80 DESCRIBE: WHY WOULD GRANTING YOUR REQUEST BE IN THE BEST INTEREST OF THE AREA AND RESIDENTS? IF BUSINESS. BRIEFLY DESCRIBE NATURE INCLUDING UMBER FF EMPLOYEES. ACTIVITIES TO BE CONDUCTED OUTSIDE OF A BUILDING: HER H OURS. NOISE GE ATION AND Pf 00 12 0, e-si. - .4 v 7;;7A C PAS /w e.A c 1A r ............. DESCRIBE VARIANCE SOUGHT: DESCRIBE PHYSICAL CHARACTERISTIC OF PROPERTY THAT MAKES VARIANCE Neel 010 YOU CAUSE ON CONTRIBUTE TO THE CHARACTERISTIC? WHAT IS THE MINIMUM VARIANCE HECESSAAY7 — DESCRIBE RULING THAT YOU ARE APPEALING:AJ WHO MADE DECISION YOU ARE APPEALING? ATE OF DECISION: EXPLAIN WHY YOU FEEL DECISION 16 IN ERROR. BE SURE TO LIST ANY ORDINANCE REFERENCES YOU FEEL SUPPORT YOUR POSITION: • • • • • • DESCRIBEATIONYOUISTAKEN: WH , CITE SPECIFIC ORDINANCE AUTHORITY FOR YOUR REQUEST: O NOTE: All request* to Planning Board/ Board of Adjustments MUST he" speauke Cmy Ordinance Authority. CONFIRMATION OF INFOAMAfi hwvbyew*title the kdwnw*m in his qWfteden Is comeoL Pm kdmwmllmiar M11jeft Fdwor iginiommilemmW bepunislubbbVe bw clupIDSIMOm aw H. 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NINETEENTH EET �225 12t16' a a2 1 120 lzfs 1 R R714z.3 14z.s'+zs'.,s6R I I9• 80 ^ 3 g 3 31n 7^ 101zs � /9�C W^ 1�3 4117' 4 10 4 49A55 ' 5 5 1 ��R g 211 R 2 5 t 2142� 1, 6 Si R 12 SOUTH TWENTIETH STREET _ .yy• 2 R 8 ­4 6 142.3 142.s 'O '27142.3 142 1 o I107' 111.3'1 R R 7 i n 4 1o1.s • 1� so 7' 6{• 4. 2 uo 2 8 2 g 2 E R �4 �6 2. 3 113 43 3 g 3 9 4 3 �i. 11 4 w 10 4 a 7$ 41 4 10 3 0 5 •'' 133' 8 sd 5 5 _ • I I 5 I I 5 a R SOUTH ,zfs 6 14 12 1+a 6 R , TWENTY - FIRST STREET 6 ,I 2 3 4 5 6 7 8 9 _ID 1z1 3 1 R r142. 714LS 142.3' 1 R 7,4zS°3s3d Q4' 72 828 39 3. 0 14z.d4 184zs.10 142 '14 121.3p 121.3' 1+2.3'8 142.3' I 142.s a 14s3' III-ri, 3 2 7 2 7 2 6 3 • , 6 3 1 S� ° ^,zs5 1+:.3'q R �}. AC SAC = 1 1.34 SOUTH TWENTY-SECOND STREET 121.3' 42.3 142.3' 142.3' 142.S ^ -` I R R Ib I o IO 2 g 2 9 2 4 3 8 3 8 3 15 it 4 R 7 4 g 7 4 R 53Is ia23' 14 ' r ITY sao IMIT �:d 121.3''. I I I I I I '� I I I I '• i•. 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CZ Z. . � % (.,��-�--r---`�•.�-.ram :( ., ; •,�... y ai wui 1N J '•JAY: - t• I !;1NJ (� J — ' � � is "• i � —_ J, c _• I1- ' • 'ice :I� rY, 1. 1 'f } T1 I. l t June 2111 1994 William D. Royce Planning and Development Director Okeechobee County, Florida Dear Mr. Royce, Re: Petition #94-414-s, #94-417-R I am writing in regard to the letter which I received on Friday, June 17. The letter was a notice concerning the proposed rezoning of the property located at 1903 S.W. 2nd Ave. The owners, Mr. and Ira. Gary Frazier, wish to have this property reclassified from Family to Light Commercial. They wish to turn the rej that property into a child case center/day care pre -a, I reside at, and own, the property located at 191 I request that it be put into record that I strongly I an concerned about the affect this will have on the my hone. Who would wish to live so close to such a f Having one day cage center on the street has A second center woul simply compound would neither i prove the area, the existing problems. This rezonin g benefit its residents; several of which are elderly, congestion, hazards, and noise. extra confusion. This proposal must NOT be approved. Sincerely, J qub3yn L. F1 esidential Single dence located on Col. S.W. 2nd Ave. pose this action. ,roperty value of ;ility? Not I. in to cause nor do not need the `s ti7 July 22, 1994 We, the undenaigned neaidenta os Okeechobee, FtoAi.da utiAh it to be known .that we nequedt the den.i.a.Z os the pnopoza.Z to xezone the pnopenty .located at 1903 S.W. 2nd Avenue in onden to' aZZow the exZst-i.ng home to become an asters 6choo.Z day cake Sac c.P.ity. Non do we nee with having S.W. 19th Stn"eet peAmanent,Zy etoaed. NAME 1Z0 }��6cff,aL-�j�•� S-uo . Pv-- a-R-, V:C � - Qs'/ e' sT --- Okeechobee County Board of Adjustments and Appeals July 26, 1994 Staff Report and Recommendation Agenda Item #2: Petition 94-122 V, Gary R. and. Deborah A. Fray applicants. Property address is 1903 S.W. 2nd Avenue in the City for a variance from setback requirements. This petition is associal and Petition 94-417-R. Background r, property owners and 'Okeechobee. Request with Petition 92414-S The subject parcel is located at 1903 S.W. 2nd Avenue, in the City of Okeechobee. The parcel consists of one and one-half lots, for a total size of about 10,688 square feet. To the east of the subject parcel, and facing South Parrott Avenue, is a church. To the south and west is residential development. To the north is Building Blocks Daycare Center, also owned and operated by the applicant. The property to the east is oned Commercial (C), as is most property along South Parrott Avenue in this area. To the north, the property occupied by Building Blocks Daycare Center is zoned Light Commercial (C-1). Property to the north of Building Blocks Daycare Center is zoned Commercial (C). Property to the west and south is zoned Residential Single Family (RSF). The character of the land to the west and south is primarily residential, while to the north and east is commercial. S.W.19th Street, which separates the subject parcel from Building Blocks Daycare Center, is a platted street but has not been constructed. The house existing on the property is set back 9.5 feet from the the current Residential Single Family zoning, the required setbac house therefore encroaches into the required setback by .5 fei rezoned to Light Commercial, the required setback from the sou 20 feet, which is the required setback for commercial zoning di abut a residentially zoned district. The property to the south is Family. As the applicant is requesting a change in zoning from to Light Commercial, the applicant is also requesting a variance requirement of 20 feet. On the north side of the property, the existing house is set back line. Although the street immediately north of the subject prope is still a public street. Accordingly, the setback for this corner lol line, which normally would be 10 feet, is increased to 18.75 feet, c foot front setback. The existing structure therefore encroaches 14 setback. For commercial zoning, the required side setback for sea R"W" and x.mm�marm 0Mwbcbw CmMT Ho.a oc �,ejwmme .oa wpp..4 94_,Zt.V J*26.IM xth property line. With is 10 feet. The existing If the property were property line would be icts when such districts :)ned Residential Single .sidential Single Family f 10.5 feet from setback 4 feet from the property rty has not been built, it from the north property r 75 % of the required 25 .75 feet into the required . corner lot is 15 feet, or 1 • 75% of the 20 foot front setback requirement. If the property were to be rezoned, the existing house would therefore encroach 11 feet into that required 15 foot setback. The applicant also requires a variance from the north setback requirements. Consistency with Land Development Regulations Section 13 of the City's zoning regulations states the following with respect to the granting of a variance: A variance from the terms of [the City's] zoning ordinance shall not be granted by the Board of Adjustment unless and until: a. Written Petition. A written petition for a variance is submitted demonstrating that: (1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; (2) The special conditions and circumstances do not result from the actions of the applicant; (3) Literal interpretation of the provisions of this zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and would work unnecessary and undue hardship on the applicant; (4) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure; (5) Granting the variance requested will not confer n the applicant any special privilege that is denied by this zoning ordinance to other lands, buildings, or structures in the same zoning district: (6) The [granting] of the variance will be in harmony 'th the general intent and purpose of this zoning ordinance, will not be injurious to the neighborhood, or otherwise detrimental to the pub 'c welfare. The subject property is located in the Commercial future land use classification of the City's adopted Comprehensive Plan. This commercial classification generally includes all of the land between S.W. 2nd Avenue and S. Parrott Avenue. Land on the east side of S.W. 2nd Avenue is designated for future commercial development, while land on the west side of S.W. 2nd Avenue is designated for future residential developme t. Much of the existing FA Saar R"= and neeommsnd.aon abeo�ohes Camq Boca of A41UNMMU and capped. POW= 94-U2-v ]*A IM C� • development on the east side of S.W. 2nd Avenue is residential, as is much of the existing zoning. Property immediately to the north is zoned Light Commercial. Although there is existing residential development along the east si a of S.W. 2nd Avenue, there is a reasonable expectation that, over time, the area will trans lion from residential to commercial development. As this transition from residential to commercial occurs, it is likely that where there are existing houses, these houses will be converted to commercial use, rather than torn down and replaced with new structures. It is therefore likely that there will be additional times where an existing house meets residential setbacks, but would encroach on setbacks required for commercial development when abutting residentially zoned property. The purpose for an increased setback for commercial development when such development is adjacent to residentially zoned property is to provide a greater separation, or buffer from potentially incompatible uses. Such a buffer could also be provided in some other manner, such as by a privacy fence or a vegetative buffer. Staff determines that the petitions for a variance meets the condit a variance. With respect to paragraph (1) above, special conditio: parcel include the fact that this area is specifically designated development, but includes existing buildings (houses) that do not a when such property is abutting residentially zoned property. These also apply to other transitioning property located along S.W. 2n would not be applicable to the majority of commercially zone development. With respect to paragraph (2) above, the situation the applicants purchased the property, and therefore the applic situation by their actions. With respect to paragraph (3) above, would require the demolition of an existing building and the const in order to meet setback requirements. If the building is si commercial use, requiring demolition and then new construe unnecessary hardship. With respect to paragraph (4) above, the the minimum necessary variance in order to address the existing 1 paragraph (5) above, the applicant is requesting an opportunity 1 venture in an area of the city designated as appropriate for c Provided that the existing building is suitable for the intended cc privilege would be afforded the applicant by the granting of the re similar circumstances, other properties may also be in need o requirements as this area transitions into commercial develol paragraph (6) above, the granting of a variance would be consistej plan by implementing that portion of the plan that designates th future commercial development. It would be consistent with regulations, provided that a compensating buffer is placed pro% buffering from the adjacent residential property. As setbacks for are only 8 feet from a side property line, as opposed to 10 foe Staff Report and Recoameodadon Obsediobee canary Bona d Adjur®aaa and wppaar Ped * 441ZZ-V J* 26.1994 ions for consideration of is relating to the subject for future commercial .eet commercial setbacks special conditions could d Avenue, but generally ;d areas or commercial was existing at the time :ants did not create this denying of the variance ruction of a new building citable for the intended tion could result in an applicants are requesting wilding. With respect to o establish a commercial ommercial development. mmercial use, no special quested variance. Under f variances from setback >ment. With respect to it with the comprehensive is area as appropriate for the intent of the zoning iding some separation or commercial development ►t setbacks for residential 3 u zoning, and 20 foot setbacks for commercial zoning when abutting sidential zoning, when and if the property next door obtains commercial zoning, a variance would no longer be required, as the existing house would then meet commercial setback requirements. Staff determines that the petition meets the standard for the granting of a variance. Consistency with Comprehensive Plan The subject parcel is located in the Commercial future land use classification of the adopted City of Okeechobee Comprehensive Plan. The proposed development is consistent with the comprehensive plan. Staff Recommendation If the subject property is rezoned to Light Commercial, setback requirements would be 15 feet on the north side, and 20 feet on the south side. The existing house on the property is set back 4 feet from the north side and 9.5 feet from the south side. To accommodate the existing house, a variance of 11 feet from the north side set ack requirement, and a variance of 10.5 feet from the south side setback requirement is ecessary. The proposed use, a pre-school in association with the day care nter located next door, is consistent with a light commercial zoning district, provided a pecial exception is also approved, and is consistent with the adopted comprehensive pl . It is the intent of the plan that this area will eventually become commercial. It is unlik ly that such a transition will happen immediately, but that commercial development will occur on a lot -by -lot basis. Accordingly, consideration of this specific petition should include consideration of the long term development probabilities of this area. Staff recommends that a variance of 10.5 feet from the required setback of 20 feet from the south property line be granted, subject to the following conditions: 1. The variance shall be for the footprint of the existing structure only; 2. A buffer shall be provided between the subject property d the residentially zoned property to the south. Such a buffer could be a privacy fence, a masonry wall, a thick vegetative buffer, or some other alternative; and 3. If the petition for a change in zoning is not granted, staff r commends a variance of .5 feet be granted from the residential setback requirement of 10 feet, but only for the footprint of the existing structure. The existing structure already encroaches significantly into the rE side. Staff suggests that the applicants consider requesting that perhaps replacing the existing public right-of-way with an easem saa R.psc wd x.wmmem&dm Oto..eboe» r 19 d ar Adjmt=M and Appea4 J* X ON red setback on the north city abandon the street, Staff expresses concern 4 E regarding the proposed location of a playground that would also be located 4 feet from the north property line. Staff recommends that a variance of 11 feet from the required setback of 15 feet from the north property line be granted, subject to the f ollowing conditions: 1. The variance shall be for the footprint of the existing structure; 2. No additional permanent structures, other than permissible fences, shall encroach on required setbacks so long as the street remains a publicly dedicated right-of-way; 3. The proposed playground may be located no less than 4 feet from the north property line so long as the publicly dedicated right-of-way remain unbuilt, and therefore unlikely to be utilized by the general public. If the street is built, the playground shall be moved such that it meets structural setback requirements; and 4. If the petition for a change in zoning is not granted, staff 14.75 feet be granted from the residential setback requires for the footprint of the existing structure. saa Rqm .m Re000m.odatioo o .. c000h Bo a or Adjoamma -d cappe r rwnm W-uz-v 1*24IM amends a variance of of 18.75 feet, but only 5 U� .......... AT 10' NAME OF PROPERTY OWNER(S): =1 A A F F r MAILING LINO MAILING ADORE@* 1611 v O e e PROPERTY ADDRESS 10 NAME OF APPLICANT IF OTHER THAN OWNER (must state relationship): Note: If not Owner at Attorney at Law. pro*( of eutherity must be IN Id d on Forw L-2 H H TELEPHONE: WORK TELEPHONE: OM 1 OMETEL 7- /7/ C7 C DIRECTIONS TO PROPERTY 7-0 7- ks r s T- Le 1= 0)0 T-) Al F WA V 0--1 Z-ef=T-- WHAT IS CURRENT USE OF PROPERTY7 ,j -rA I DESCRIBE IMPROVEMENTS ON PROPERTY (it none. so state) tv 0 /V -e— APROXIMATE NUMBER OF ACRES ZI 18 PROPERTY PART OF MTTED SUBDIVISION7 ARE THERE ANY DWELLINGS ON THE PROPERTY. IF go. STATE NUMBER AND TYPE AND WHETHER THEY ARE OCCUPIED D occ- u, go (CONVENTIONAL. u6stLE HOMES ETC.) i e c4 ro 18 THERE ANY CURRENT OR RECENT USE OF THIS PROPERTY THAT WOULD BE A IF 60, DESCRIBE VIOLATION OF COUNTY ORDINANCE? NAVE THERE BEEN ANY LAND USE APPLICATIONS CONCERNING ALL OR PART Of IF $0. DESCRIBE DATE. MATURE AND APPLICANT'S NAME rJ o THIS PROPERTY IN THE LAST YEAR, IS A SALE OU84ECT TO THIS APPLICATION 3EIN4 GRANTED? AJ 14 THE SUBJECT PARCEL YOUR TOTAL HOLDINGS AT THAT LOCATION7 IF NOT. DESCRIBE OR INTENDED USE <=,Yl 00 0 r- v 1 I THE REMAINING USE OR l y S /)A L/ BRIEFLY DESCRIBE ADJOINING PROPERTY USE TO THE NORTH 11 L2I d- I e"A oa lz SOUTH TiA EAST WEST C(eiv T'1 A) 44 0 CURRENT ZONINs cuss 2 S F PROPOSED WHAT 14 YOUR DESIRED PERMITTED USE UNDER THE PROPOSED CLASS? IF GRANTED. WILL THE NEW ZONE BE CONTIGUOUS WITH A LIKE ZONE? 19 A SPECIAL EXCEPTION NECESSARY FOR YOUR INTENDED USE? 0 A) 0 CLASS d —5 VARIANCE? A,7 0 DESCRIBE THE SPECIAL EXCEPTION SOUGHT: 0— PROVIDE SPECIFIC ZONING ORDINANCE CITATION (Class and exception number): ARE THERE OTHER SIMULAR USES IN THE AREA. IF 90 DESCRIBE: WHY WOULD GRANTING YOUR REQUEST BE IN THE BEST INTEREST OF THE AREA AND RESIDENTS? IF BUSINESS. BRIEFLY DESCRIBE NATURE INCLUDING NUMBER �F EMPLOYEES. HOURS. NOISE GENERATION/SAND ACTIVITIES TO BE CONDUCTED OUTSIDE OF A BUILDING: A F eL -7-e.A cli PAS 15 /,-'U Z!f4 C v cc) R PIA DESCRIBE VARIANCE SOUGHT: eT iqck - qc-(? (.Jre-m 4",j DESCRIBE PHYSICAL CHARACTERISTIC OF PROPERTY THAT MAKES VARIANCE NECESSAR'Vk 010 YOU CAUSE OR CONTRIBUTE TO THE CHARACTERISTIC? he z5)(1 IV617' ► Y7e t 5e-r4 /9 V/ re", I WHAT 18 THE MINIMUM VARIANCE NECESSARY? DEscalng RULING THAT YOU ARE APPEALING: WHO MADE DECISION YOU ARE APPEAUNG? EXPLAIN WHY YOU FEEL DECISION IS IN ERROR. BE SURE TO LIST ANY 0 YOUR POSITION: DESCRIBE ACTION YOU WISH TAKEN: d tv R-s 1= CITE SPECIFIC ORDINANCE AUTHORITY FOR YOUR REQUEST. NOTE: All r0quooft to Planning Soord/ Board of Adjuslatents MUST have op"Iflos E OF DECISION: REFERENCES YOU FEEL SUPPORT ev Ordinance Authority. i 7A d In liappitdon10 forum brOlsochobse County in wW M*Am* FWWCrwddmmdhg w" wAy be ppaslsltsbie bye bw rrprorswnt I w1upb0dopeowdawthosumnmmy ''clohis M111111ir low 0 • Okeechobee County Board of Adjustments and Appeals July 26, 1994 Staff Report and Recommendation Agenda Item #3: Petition 94-414-S, Gary R. and Deborah A. Frazier, property owners and applicants. Property address is 1903 S.W. 2nd Avenue in the City or Okeechobee. Request for a special exception to allow a child care center/day care re -school in a Light Commercial (C-1) zoning district. This petition is associated with Petition 94-122 V and Petition 94-417-R. This petition was tabled at the June 28, 1994 meeting. Background The subject parcel is located at 1903 S.W. 2nd Avenue, in the Ci of Okeechobee. The parcel consists of one and one-half lots, for a total size of about 10, 88 square feet. To the east of the subject parcel, and facing South Parrott Avenue, is a ch rch. To the south and west is residential development. To the north is Building Bloc Daycare Center, also owned and operated by the applicant. The property to the east is oned Commercial (C), as is most property along South Parrott Avenue in this area. To the north, the property occupied by Building Blocks Daycare Center is zoned Light Commercial (C-1). Property to the north of Building Blocks Daycare Center is zoned Commer al (C). Property to the west and south is zoned Residential Single Family (RSF). The ch acter of the land to the west and south is primarily residential, while to the north and east is commercial. S.W.19th Street, which separates the subject parcel from Building Blocks Daycare Center, is a platted street but has not been constructed. Consistency with Land Development Regulations The applicants desire to establish a pre-school at the subject parcel, converting an existing house for this use. The proposed pre-school is a use permissible by special exception in a Light Commercial (C-1) zoning district. The Light Commercial zoning district is established by County Ordinance 87-1, which is still applicable within the incorporated Lity limits of Okeechobee. A special exception is a use that would not be appropriate gene y or without restriction throughout a zoning division, district or County at large, but Which, if controlled as to number, area, location, or relation to neighborhoods, would pro note the health, safety, welfare, order, comfort, convenience, appearance, prosperity, or the general welfare of the County and its residents. Such uses may be permissible in a zoning classification or district as a special exception if specific provision for such a special exception is made in the applicable zoning regulations. 1 SMff Report nd Rewmmm imdw oaoeeenon» C�q Rona a A4uxt= a and Appoak POW&M 9"1" .1* A 19% • Ordinance 87-1 provides for a child care center, as well as schools, in a C-1 zoning district. The proposed use is a pre-school facility, with a child care facility located across S.W. 19th Terrace (an proposed pre-school would be located adjacent to the child care f is consistent with zoning regulations, and would be compatible wit and commercial development in the area. Consistency with Comprehensive Plan The subject parcel is located in the Commercial future land use City of Okeechobee Comprehensive Plan. The proposed develi comprehensive plan. Staff Recommendation Alleges and universities )perated in association ibuilt street). As the ;ility, the proposed use the existing residential ration of the adopted is consistent with the As the proposed development is consistent with the City's land development regulations and adopted comprehensive plan, staff recommends that the Planning Board grant a special exception to allow a pre -schoolchild care facility in a Light Commercial (C-1) zoning district, subject to the following conditions: 1. Construction of the proposed facility shall begin within twelve (12) months of the date that the special exception is granted, and construction. shall continue in good faith, otherwise the special exception shall be null and void; 2. The special exception shall be conditioned on continuous a such that if the use ceases for a period of more than six (6) consecutive months or for more than twelve (12) months during a twenty-four (24) month period, the special exception shall be null and void; 3. Parking areas and all travelways shall be paved or o maintained, including striping, according to applicable directed by the Site Plan Technical Review Committee; 4. If the petition for a change in zoning from Residential Sn Commercial (C-1) is denied by the Okeechobee City exception shall immediately become null and void. StWReportand R.ceom on 0b@dwbee Omm, Bo.a ec naj a �a wppeels Pedd=9"I" J* A SM se constructed and regulations and as Family (RSF) to Light mmission, the special 2 i 1 >COUNTY OFa; T� O YI N� :� �•„•,,:, •;,,:::.• :COUNTY;,;;..•.;. E r LIC O`: Q N -116 .......................................... ......... r e ice-- . /]D - - rR0►ERTY ADDRESS /Tv 614z e AUG OF APPLICANT IF OTHER THAN OWNER (must state relationship): ete: If not Owner of Attorney at Law. proof of authority must be preon Foes' -E ~ — HOME TELEPHONE: (, 5 WORK TELEPHONE: DIRECTIONS TO PROPERTY fit. (,` 1 oLjLoL. G w. WHAT IS CURRENT USE OF PROPERT470 re ) OESCRIBE IMPROVEMENT* ON PROPERTY (N none, so state) APROXIMATE NUMBER OF ACRES a (� IS PROPERTY PART OF PLA ED SUB011IISION? Q S ARE THERE ANY DWELLINGS ON THE PROPERTY, IF 60. STATE NUMBER AND AND WHETHER THEY ARE OCCUPIED wo 11 OC PE (CONVENTIONAL. MOBILE HOMES ETC.) , e ii THERE ANY CURRENT OR RECENT USE OF THIS PROPERTY THAT WOULD BE IF SO. DESCRIBE A VIOLATION OF COUNTY ORDINANCE? HAVE THERE BEEN ANY LAND USE APPLICATIONS CONCERNING ALL OR PART OF IF $O. DESCRIBE DATE. NATURE AND APPLICANT'S NAME U THIS PROPERTY IN THE LAST YEAR. IS A BALE SU84ECT TO THIS APPLICATION BEING GRANTED? � . - ii THE SUBJECT PARCEL YOUR TOTAL HOLDINGS AT THAT LOCATION? IF NOT. OR INTENDED USE L U , Y DESCRIBE THE REMAINING USE OR -S C BRIEFLY DESCRIBE ADJOINING PROPERTY USE TO THE NORTH (fe il SOUTH EAST WEST `. t,C, [IS ENT ZONING CLASS < PROPOSED ZON CLASS C , IS YOUR DESIRED PERMITTED USE UNDER THE PROPOSED CLASS? Sc oa NTED. WILL THE NEW ZONE BE CONTIGUOUS WITH A LIKE ZONE? S PECIAL EXCEPTION NECESSARY FOR YOUR INTENDED U4E7 VARIANCE7 :=iiiii'eiEE��?ci�iiEiiii�6'=i'•2iEiiiE�iiEiiiEiei6iEi�iiiE i 0 DESCRIBE THE SPECIAL EXCEPTION SOUGHT: Rim, � �` �, c pp PROVIDE SPECIFIC ZONING ORDINANCE CITATION (Class and exesptl n number): ARE THERE OTHER SIMULAR USES IN THE AREA, IF SO DESCRIBE: HY WOULD GRANTING YOUR REQUEST BE IN THE BEST INTEREST OF THE AREA AND RESIDENTS? W BUSINESS, BRIEFLY DESCRIBE NATURE INCLUDING NUMBER F EMPLOYEES. ACTIVITIES TO BE CONDUCTED OUTSIDE OF A BUILDING: , OURS, NOISE GENERATION AND S 7, 0 e Pr c c c D i i r9 v-t o �i/� �,� 2 PA 7-5 &"S /ry eAc h 1A cvN2y v P-5 d r-2 6 DESCRIBE VARIANCE SOUGHT: 1 DESCRIBE PHYSICAL CHARACTERISTIC OF PROPERTY THAT MAKES VARIANCE NE ESSAR-4 010 YOU CAUSE OR CONTRIBUTE TO THE CHARACTERISTIC? WHAT IS THE MINIMUM VARIANCE NECESSARY? .:.jDESCRIBE RULING THAT YOU ARE APPEALING: WHO MADE DECISION YOU ARE APPEALING? DATE OF DECISION: EXPLAIN WHY YOU FEEL DECISION 19 IN ERROR. BE SURE TO LIST ANY ORDINANCE REFERENCES YOU FEEL SUPPORT YOUR POSITION: DESCRIBE ACTION YOU WISH TAKEN: Tn CITE SPECIFIC ORDINANCE AUTHORITY FOR YOUR REQUEST: NOTE: A11 rNuesb to PlanMnS Board/ Board e1 AdJwfa�enb MUST Rave epeolfbe Ceu q Ordlnanee Authoriq. i' i i is{i Fii E 3 E i::e:eie:.......i..::°:: :....:E:::::i:::i:':{:::C ;.•..• ::z:::::•:•:•:.:.:•:.:.;.:.::• :;:;••:•:;•... . e• . s•. CONFIHMA-11ON OF i I hasbr eoy yy S1e Mamslian ti Sti appiedow i eoneet The f{*=udon bv*AW Im Sirappfodon foram y Ohsalwbee Coungr ti I q wq�wst Faisoroirsaiy}Im dpn�p�mw bep rAd% febl{a Mo efupwoom 0andtiplioGsast uPdSSdgoaseaiasSrseuamwydenYdthfs aP�Son. . aMIMiL.fE r Aw ORDINANCE NO. 67 AN ORDINANCE CLOSING, vACA7ING AND ABANDONING 711 ALLEY AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, O EECIIUIJEE COUNTY, FLORIDA, DESCRIBED AS 771AT ALLEY IN BLOCK 25, 4Y11VN Of OKEECHOBEE, BY CLOSING SAID ALLEY IN BLOCK 29 BE7IVEE V LOIS 1-13 AND LOTS 14-26, ALL LUCA7ED 1VITIIIN TILE CITY OF OKEECI OBEE, AND U1RCC71NG THE CITY CLERK IV RECORD 7'l1E ORDINANCE IN TIE, PUBLIC RECORDSorE 771CLERK OF TIIE CIRCUI7' COURT IN AND FUR O EECII UBCC E COUN7Y, FLORIDA; PROVIDING AN EFFEC77VE DATE. LIE, IT ORDAINED BY'l'I IE CITY COUNCIL ORTI IL' Cl'I'Y OI- OKEEC IOBE,E,, FLORIDA, AS FOLLOWS: SE -PION ONE: The alley described hereafter is hereby closed, vllealed and abandoned by the City of Okeechobee, I7I0lida, to -wit: The alhcy ill Bluck 29, TOWN Oi" OKE,E,CHOBE,E,, as recorded in Ills t Book I, Page 10, Public Records, Okeechobee County, I7101-idn, between Lots I to 13.1111.1 LUIS 14 to 26. SECTION TWO: The City Clerk shall cause n certified copy of the ordina Ice or be recorded in the Public Itecords of Okeechobee County, Florida. Secliun'i'lir This ordinance sI .111 be set for finnl public hearing the 16th clay of All Ie!sl , 199'l, and shall take effect iluniedintely upon its adoption. Introduced for first reading and set for finnl public Ilenrhlg this 19 h day of Jul , 199'1. i-A-ME9 L. K11tK, MAYOR A' 1' ES P BONNIE S. 1'I-IOMAS, CMC CITY CLERK Passed and ndopled on second rending and finish public Ilenrhlg th s _._ clay of 1994. J N1' EST: BONNIE S. 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M N. co rf a ii ii rt H.rtW. _ .K r vt rt 4'0 c M FA OR W� O N•�w aH 444A m A W C� August 9, 1994 City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, Florida 34974 Attn: Mr. Chuck Elders, Director of Public Works Re: CITY OF OKEECHOBEE DRAW REQUEST NO.1, FROM LAKE PLACID 1994 ROAD IMPROVEMENTS. L.N. & A. Project No. 93-174 Dear Mr. Elders: LIB 0% 1, Noble & Associates, Inc. f�- - 5--- BETTER ROADS OF This letter is to certify that LAWSON, NOBLE & ASSOCIATES, INC. (L.N. & A.) has reviewed the attached invoice Application No.1 dated July 31, 1994, from Better Roads of Lake Placid for accuracy, and have approved such with no adjustments. Also for your records is a copy of the testing for: S.W. 4th Street from S.W. 10th Avenue to S.W. 11th Avenue S.W. 5th Street from S.W. 10th Avenue to S.W. 11th Avenue S.W. 10th Street from S.W. 10th Avenue to S.W. 12th Avenue If further explanation is needed or if I can be of further assista y► hristop J. K Project anager CJK:zrp cc: Dennis Horton - LNA Enclosures: Invoices RDWYIELDEM.808 , please call. Engineers Planners 420 Columbia Drive • West Palm Beach, FL 33409 • PH. (407 684-6686 • FAX (407) 684-1812 Surveyors 590 N.W. Peacock Blvd., Suite 10 • Port St. Lucie. FL 34986 • PH, 407) 878-1700 9 FAX (407) 878-1802 APPLICATION FOR PAYMENT *********************** BILL TO: NAME STREET CITY BETTER ROADS OF LAKE PLA P.O. BOX 1908 LAKE PLACID, FLA. 33862 City of Okeechobee 55 S.E. Third Avenue Okeechobee, Fla. 34974-2932 PROJECT 1994 Road Improvements BROLPI JOB # 9460 A. ORIGINAL CONTRACT AMOUNT B. NET CHANGE ORDERS C. CURRENT CONTRACT AMOUNT (A+B) D. VALUE OF WORK FROM PREVIOUS APPLICATION E. VALUE OF WORK COMPLETED THIS PERIOD F. TOTAL EARNED TO DATE G. LESS RETAINAGE (10%) H. BALANCE (F-G) I. LESS PREVIOUS BILLINGS J. CURRENT AMOUNT DUE STATEMENT OF ACCOUNT: K. LESS PREVIOUS PAID L. TOTAL AMOUNT DUE CONTRACTOR'S CERTIFICATION: THE UNDERSIGNED CONTRACTOR CERTIFIES THAT (1) ALL PRE RECEIVED FROM OWNER ON ACCOUNT OF WORK DONE UNDER THE ABOVE HAVE BEEN APPLIED TO DISCHARGE IN FULL ALL OBLI INCURRED IN CONNECTION WITH WORK COVERED BY PREVIOUS UNDER THIS CONTRACT AND, (2) TITLE TO ALL MATERIALS INCORPORATED IN SAID WORK OR OTHERWISE LISTED IN OR C APPLICATION FOR PAYMENT WILL PASS TO OWNER AT TIME OF OF ALL LIENS, CLAIMS, SECURITY INTEREST AND ENCUMBRAN COVERED BY BOND ACCEPTABLE TO OWNER). 08:11 DATED %,I.t-�' �:) �q''i- BETTER ROADS OF I I BY: f APPLICATION FOR PAYMEN' PAY REQUEST # One (1) DATE : July 31, INVOICE # 7601 ACCOUNT # 377 189,561.26 0.00 189,561.26 0.00 15,270.40 15,270.40 1,527.04 13,743.36 0.00 13,743.36 13,743.36 OUS PROGRESS PAYMENTS ONTRACT REFERRED TO TIONS OF CONTRACTOR PLICATION FOR PAYMENT D EQUIPMENT ERED BY THIS AYMENT FREE AND CLEAR S (EXCEPT SUCH AS M 04-Aug-94 PLACID • CITY OF OKEECHOBEE TO: John Drago THRU: FROM: Wayne Jones *- MEMORANDUM DATE: August 8, 1994 SUBJECT: PU-01-11-02-5 Annual Unit Contract Two (2) Bids were received on August 4, 1994, covering the Unit Price Contract for the installation of Underground Utilities for Water and Wastewater Systems. The Bids are as follows: Censtate, Inc. - $414,286.00 G.E. French Construction, Inc. - $345,097.10 After reviewing the bids, I recommend the bid be awarded to G. . French Construction, Inc. of Okeechobee, Florida. They were the lowest and best bid received for a total of $345,097.10. Please place this item on the Agenda for the August 16, 1994, City Council Meeting. CITY OF OKEECHOBEE TO: John Drago THRU: FROM: Wayne JoneS* MEMORANDUM DATE: August 8, 1994 SUBJECT: PU 06-00-07-� System Expa 4 Water Distribution Four (4) Bids were received on August 4, 1994, covering the above mentioned project. The Bids are as follows: Phase Censtate Speegle Sheltra Stricker 1 $190,514.00 $145,319.75 $151,493.5 $164,936.00 2 $ 96,996.00 $ 86,435.00 $101,528.9 $ 98,774.00 3 $ 91,716.25 $ 81,415.50 $104,325.5 $101,099.00 4 $148,208.50 $123,829.75 $158,969.60 $150,966.00 Total Bid $527,434.75 $437,000.00 $516,317.59 $515,775.00 After reviewing the bids, I recommend the bid be awarded to Spee le Construction, Inc. of Cocoa, Florida. They were the lowest and best bid received for a total of $437,000.00 for the four (4) phases. Please place this item on the Agenda for the August 16, 1994, Cit7 Council Meeting. AUG 11 194 14:57 REE, MACON ASSOC. • j P.02 f 11 :.I Macon and Associates. Inc. August 10, 1994I 1 City of Okeechobee 55 S.E: Third Avenue Okeechobee,' FL 34974 ATTN: Mr. John J. Drago RE: Water Distribution System Extensions Dear John: On August 4, 1994 we conducted a bid opeuing for We Four (4) bids on this project were received as outlined belo%,►- CONTRACTOR PHASE 1 PHASE 2 PHASE 3 P Ei4 PROJ�CT Speegle Comstr. $145,319.75 $86,435.00 $81,415.50 $1 3;829i�5 S43?,' :00f Stricider Bros. 164,936.00 98,774.00 101,099.00 1 0,966 00 Sheltra & Son$ 151,49350 101,528.90 104,325.50 1 8,969.t10 5.16,3 7.50t CenState Contr. 190,514.00 96,996.00 91,716.25 1 8,2060 5•27,4 4.75': The apparent low bidder for the total project was Speeglo a bid of $437,000.00. Due to City budget constraints, only has+ this time which will be reimbursed to the City by the SFWMD. SFWMD addresses their acceptance of this bid for the Phase 1, Speegle Construction, Inc. qualifications and past performance I be an acceptable contractor for this project. We therefore recommend the City award Phase 1 of this Construction} Inc. in the amount of $145,319.75 at the next City If you. have questions or wish to discuss this further, plea Very truly William D. 1 wdr-194\93-159 9121 N. Military Trail - Suite 207 • Palm Beach GC, ConOM6600; bic. with 1 will; be award d The attached let r. ficdm ork. Me have r6ie�ved story r and find tJ eii to roject46 Speeglf, �ouned Meeting] call. } Florida 33410 'AUG 11 ' 94 {14: 59 REECON ASSOC. P. 01 I: 1 0. ri ,.Tys A da Water MaiSoiit Florim., 3301 Odn Club Road, West Pstlrr>< Beach, Florida 33406 i (407) 684-8800 F L WATS I - . CON 14-14 ADM City of'Okeechobee Water Main Ext. August 8, 1994 Mr. Thomas C. Jensen, P.E."�' Reese, Macon & Atsociatts, Inc. 9121 North Militar jr Trail, Suite 207 ' Palm Beach Garderisi FL 33410 ' Dear Mr. Jensen: Subject: City 'of Okeechobee Water Main Extension - Contra ct Nurntior i We are in receipt of your bid tabulation faxed to us on August 5, 1994. The appaft 4 was submitted by Speegle Construction, Inc. in the amount of $145, 19,75. construction cost of $135,300.00 stipulated in our contract with the City of Okeic desires to expedite 'the work and will C5060 low This process a Contract Amendment in the amount of $1 hover the increased cost of the City's bid. i ,we appreciate your efforts to coordinate with us an have any questions, please communicate with Jennifer eBarone, Projectedite Man g on of this project. (6 Sincerely, ruthFlorida eputy Director Water Management District Y/car C. Pam Smith, Florida Department of Environmental Protection Susan Groover, City of Okeechobee I i Go!vmitng oart� Valeric Boyd, Chairman Williarn Hammond Fronk Williamson, Jr., Vice Chairman Betsy Krant Ar inic Betancotut Allan Millcdge Lugme K. Pettis Telford C. Nathaniel P. Reed Tlkornas K Lcah G.Schad C J for Phase xcbeo the 'ha District );a19. 5 ,to ;houIa. you . i7-6 it. '.reel. Executive Du j ctor Macricar. Deputy ExecutlVc Dircccot CITY OF OKEECHOBEE TO: John Drago FROM: Wayne Jonesy�� MEMORANDUM DATE: August 9, 1994 SUBJECT: S.W. loth. A Listed below is a estimated cost to replace the existing 2" PVC i referenced Avenue. I have taken the prices from the Unit Price received: 1 ea 6"X6" Tapping Assembly 1 ea. Fire Hydrant Assembly 1 ea. 2" Blow Off Assembly 7 ea. 3/4" Meter Services ®$600.00 ea. 1,050 L.F. 6" PVC Pipe @$10.25 L.F. Estimated Engineering $ 1,285.00 1,610.00 550.00 4,200.00 10,762.50 1,500.00 Total Cost $ 19,907 The Engineering estimate is required because of the required road has sufficient right-of-way to install the line after paving is line on the above ract that we just from D.E.P. The ORDINANCE NO. 671 AN ORDINANCE CLOSING, VACATING AND ABANDONIf 4G THE ALLEY AND STREET AS RECORDED IN PLAT BOOK 29 PAGE 17, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; DESCRIBED AS THAT ALLEY IN BLOCK 49 AND THAT STREET NORTHEAST 2ND STREET IN BLOCK 4, PRICE ADDITION TO OKEECHOBEE CITY; CLOSING SAID ALLEY BETWEEN LOTS 1-6 AND 7-12; AND CLOSING SAID STREET BETWEEN NORTHEAST 12TH AVENUE AND 13TH AVENUE; ALL LOCATED WITI- 1N THE CITY OF OKEECHOBEE; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLER OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORID ; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OR THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: SECTION ONE: Tlie alley and street described hereafter is hereby cl sed, vacated and abandoned by the City of Okeechobee, Florida, to -wit: The alley in Block 4, PRICE ADDITION TO OKEECHOBE CITY, as recorded in Plat Book 2, Page 17, Public Records, Okeechobee County, lorida, between Lots 1-6 and 7-12. The street known as Northeast 2nd Street as it run east from Northeast 12th Avenue to Northeast 13th Avenue, particularly located North of Block 4, PRICE ADDITION TO OKEECHOBEE CITY, according to Plat Book 2, Page 17, Public Records, Okeechobee County, Florida. SECTION TWO: The City clerk shall cause a certified copy of the or, Public Records of Okeechobee County, Florida. SECTION THREE: This ordinance shall be set for final public September-, 1994 and shall take effect immediately upon its adoptic Introduced for first reading and set for final public hearing this 16f ATTEST: BONNIE S. THOMAS, CMC CITY CLERK Passed and adopted on second reading and final public hearing this J ATTEST: J) BONNIE S. THOMAS, CMC CITY CLERK APPROVED AS TO FORM: n-ance to be recorded in the ring the 20th day of day of August , 1994. L. KIRK, MAYOR day of , 1994 E. KIRK, MAYOR JOHN R. COOK, CITY ATTORNEY DO produced _ as identification and who did (did not) lake an oath. "`"�&"I (TYPE OF IDE TIFICATION) Knrin.re:.:.c,Ue�+rn j NnmryPuSlic.SatcaPfGnalii Z Cwnmision Nn,CCtSSItI Nola Public, Commission M Cummi-,wnE, Ifi',il�11 aA&J�--Notary ne.a.�'�n, fl Hwrr (SIGNATURE i"MNNIvornrsv ��Ul1lU�))lY>1)))N)»'1>';,{ _(Name of Notary typed, printed or stamped) TYPED NAME & TITLE PHONE NO. SFE �4TT�4CN�� AUTHORIZED SIGNATURE DATE TYPED NAME & TITLE PHONE NO. (f VT NoTt Au V _I • I -T,V4 -„ter TYPED AME & TITLE Wayne Jones Director of Public Utilities TYPED NAME & TITLE Charles E. Elders, Public Works Director 8/4/94 AUT ORIZED SIG X URE DATE Larry Mobley, Chief of Police TYPED NAME & TITLE No comments and/or requests for alley closing. 8/8/94 IZED S NATURE DATE L. Keith Tomey, II, Fire Chief TYPED NAME & TITLE APPLICATION APPROVED BY: BONNIE S. THOMAS, CMC, CITY CLERK DATE 1 } -b' '' y Instrument prepared by and return to: BUR (P C. CONNER, P.A. 30 rt est 5th Street obee, Florida 34972 arcel I.D. No: R 3-21-37-35-0020-02100-0010 R 3-21-37-35-0020-02100-0020 Grantee's Social Security No: Documentary Stamps paid in the arrwuat01 $ 0 *T _._-- ado I , ark of Cir ul ourt date (Recording information above) QUIT -CLAIM DEED 8� 352 ,,c1-189 THIS INDENTURE made this 30 day of December,1993, between FREIDA E. HAMRICK, hereafter referred to as "Grantor"*, and HOSPICE OF OKEECHOBEE, INC., hereafter referred to as "Grantee"*, whose address is 210 Northwest Park Street, Okeechobee, Florida 34972. (* Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plum; he' legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever to context sc admits or requires:) WITNESSETH, that Grantor, for and in consideration of the sum of $10. 0 and other good and valuable consideration given to Grantor, receipt whereof is hereby acknowledged, does her by remise, release and quit -claim unto Grantee forever, all the right, title, interest, claim and demand which G for has in and to the following described real property located in Okeechobee County, Florida: Lots 1, 2, 3, 4 and 5, Block "B", CENTRAL PARK, according to the Plat thereof recorded in Plat Book 2, page 39 of the Public Records of Okeechobee County, Florida. AND A portion of Government Lot 4, Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as follows: Beginning at the intersection of the West R/W line of S.E. 5th Ave. (F A Micanopee ST.) with the South R/W Line of S.E. 3rd ST. (F/K/A Sixth ST.) as shown on that articular subdivision map of "Blocks 252, 253 and 254", according to the plat thereof recorded in tat Book 2, page 4 of the Public Records of said Okeechobee County, thence Westerly along said uth R/W line, a distance of 300 feet to the intersection with the East R/W Line of S.E. 4th AVE. (F/K/A Hiwassee St.); Thence Southerly along said East R/W Line, a distance of 142.5 feet to the intersection with the Easterly extension of the North boundary line of that particular 15.00 f Dot wide alley lying within Block 209, FIRST ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, page 11, Aforesaid Public Records; Thence East along said Easterly extension of the North line of that 15.00 foot wide alley to the intersection with the HOPKINS MEANDER LINE, said point of intersection also being a point on the Northwesterly boundary line of Block "B", CENTRAL PARK, according to the plat thereof recorded in Plat Book 2, page 39, Aforesaid Public Records; Thence Northeasterly along said HOPKINS MEANDER LINE and the Northwesterly line of Block "B", CENTRAL PARK, to the Northernmost corner of said Block "B", s id corner being a point on the aforesaid West R/W Line of S.E. 5th AVE.; 7 • Thence Northerly along said West R/W Line to the Point Of Beginning. C�! t 352 ME1190 AND A portion of Government Lot 4, Section 22, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as follows: Beginning at the intersection of the West R/W Line of S.E. 5th Ave. (F A Mtcanopee St.) with the South R/W line of S.E. 3rd St. (F/K/A Sixth ST.) as shown on that particular subdivision map of "Blocks 252, 253 and 254, according to the plat thereof recorded in I tat Book 2, page 4 of the Public Records of said Okeechobee County, thence Westerly along said South R/W line, a distance of 300 feet to the intersection with the East R/W Line of S.E. 4th Ave. /K/A Htwassee ST.); Thence Southerly along said East R/W line, a distance of 142.5 feet to the intersection with the Easterly extension of the North boundary line of the particular 15.00 foot wide alley lying within Block 209, FIRST ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, page 11, Aforesaid Public Records; Thence continue Southerly along said East R/W line, a distance of 15.00 feet for the Point Of Beginning; Thence continue Southerly along said East R/W Line, a distance of 142.5 feet to the intersection with the North R/W Line of S.E. 4th St. (F/K/A Fifth Ave.); Thence Easterly along said North R/W Line, a distance of 115.08 f eet, more or less, to the intersection with the HOPKINS MEANDER LINE, said point of intersection also being the Western most corner of Block "B", CENTRAL PARK, according to the plat thereof recorded in Plat Book 2, page 39, Aforesaid Public Records; Thence Northeasterly along said HOPKIN'S MEANDER LINE and the Northwesterly boundary line of said Block"B", CENTRAL PARK, to a point that measures 142.5 feet North of (at right angles to) the aforesaid North R/W line of S.E. 4th St.; Thence Westerly along a line that measures 1425 feet North of and Pa llel with said North R/W of S.E. 4th St., a distance of 252.30 feet, more or less, to the Point Of Beginning. TO HAVE AND TO HOLD all the estate, right, title, interest, lien, and claim whatsoever of Grantor, either in law or equity. SUBJECT TO THE FOLLOWING RESTRICTIONS, WHICH CONSTITUTE COVENANTS RUNNING WITH THE LAND UNTIL JANUARY 1, 2114: 1. The property must be used for purposes of operating a Hospice House (in -patient facility) after January 1, 2000. Prior to January 1, 2000 the property may be used only for operating an administrative office complex for Grantee. Grantee must construct an office complex on the property no later than one year from the date Grantee obtains a building permit. Grantee must use diligent efforts to obtain a building permit. The office complex must have a minimum of 2,000 square feet of space. If Grantee fails to have the construction the office complex completed within one year after Graj itee obtains a building permit, then Grantee shall deed the property back to Grantor, unless the delay in construction is not the fault of Grantee or Grantee's contractor or subcontractors. After January 1, 2000, in addition to using the property for operating a Hospice House, the property may be used for any other use hich directly supports the offering of hospice services to the terminally ill, including operation of an admh 'strative office. The property may not be used for any purpose during the period of these restrictions, exci pt as provided herein. In addition 2 NkK -62 PAGF 1191 to any other remedies Grantor may have, this restriction may be enforc d by injunction proceedings. 2. Grantee shall construct and begin operating a Hospice House (in- atient care facility) no later than January 1, 2000. If Grantee can demonstrate that it is not economically feasible for Grantee to construct and operate a Hospice House by January 1, 2000, then Grantor shall ext nd the deadline for construction and operation of a Hospice House until January 1, 2004. If Grantee fails to construct and begun operating a Hospice House by January 1, 2000, or by January 1, 2004, if the deadlir a is extended, then Grantee shall pay liquidated damages to Grantor, her heirs, successors or assigns in the amount of $62,500.00. It is Grantor's primary intention in making this conveyance, which is a gift, that a Hospice House be constructed and operated on the property as soon as it is economically and practically feasible for Grantee to do so, however, Grantor does not wish to impose an economic burden on Grantee which could jeopardize its ability to provide services to the terminally ill. 3. Grantor must review the building plans for any office or Hospice however, this provision shall not be deemed to require Grantor's appi 4. These restrictions may be enforced by Grantor or H. G. This instrument was prepared without the benefit of title examination, and the marketability of the title, accuracy of description or quantity of land describe Signed and sealed in the presence of: PAUL M. BUXTON (Print name) (Signature) ERNESTINE MILLS (Print name) STATE OF FLORIDA COUNTY OF OKEECHOBEE GRANTOR: E. 315 Southeast Tl Okeechobee, FL The foregoing instrument was acknowledged before me on February who is personally known to me or produced a photo driver's license as ident an oath. COMMISSION EXPIRATION AND SEAL: lanoa�onoaio� of 8313 11.11M 41 933 q6 080332NO� 03113 2(,� Q. NOTARY PUBLIC, 5£68SZ 1 W 3 ,e constructed on the property, of the plans. Jr. does not guarantee either Avenue ,1994, by FREIDA E. HAMRICK, on and did/did not'(siiike one) take AV 'ATEOF UE ANN SRENNAN Pub1b. suq o1 R&W n. torn im 25, tine No. CC200417 • • V-cn _V -v iYr1 _ d the north" 1,aoo of l.nn�x���dd1d a d on the • 'vuT rO:IT10%. of a trtino �orrSixth 3tt;'eui H +t cxtC ded= tht• ;ouch Street • • r�rn y r the 1'.1:tt ;tTcot line of i�ii'r+Lhdoh�temtce, L 11:r a*t . Y • C. T. liorkino aeQnda>t' 1^ne form'�, Toxnoltip �'! d1tu� •�i�.;�G"..'1i3O�4' • ' Of .section 220 of Coverrv�ent Lot lat of r1l. CT ADPIT-1 F�^. t, oo i t nprenro on the P , tut thereof .racors�-•�1 n flat boo aevordtn8 to the P YlOxi�di. . C};�C?iJD�• blic Racordo• of ft. Ut:cic Coun f . 2 , raCo 26, of the i'u► slid :sore porticularly deaeritxd as follrn�et N �M ' rt. cck 11 a of ., .. , .,ou th •� CCU^,; IcS ht the internvction;or thr• waoueo vtti• vt, b";r•G 71 of thr Tm''1 ' ;tr•;ot and tht' Foot 5trihtna�tiocortter of Block 2��� d in Plat feet F.,'tct �f of tho 1~or to the pinti. thcar'ol,f recorded Cl' 71. "liOA�:F%t nccordinC ;t. Llei^ County, .00k ?, paCti' �T, of the rublic ncaor8a of t tti-ect 11110 -Of Ui�co- r . thence run south alonC paid ant nrsllCl !tit the Esa Flo tda, • , cce Str4otf 70 fast equidirtnnt frc.a .:�n 14,50 fc t for the , onid Block Mo for c. diatancsro th O�n; th E.•sct Strtet lino 147 of ,1 p-►rV11n1 t}-,encQ .conf.inua T,01:rr Of BF:CI;: tli�•C, uidia+„�ttt ltvm 1 1'cct to :in of 13ieus-ocn 5t rcDlo k ���� for :► dtsttanco oC o d eor,•�er- . +�itit the Eot l le o �>~o�t:rt; t� w1fdi tltvnca ; olat that i� tltu ;ioxtlt..xattt and •pclrn 11., Doom ,hi with thR cd to Denjnmin r. Dcant Jr. v 11�1 s c on a lino 157.50 feet equidiritaLtnd 'from n edict nod of 25f. 30 51.,; t ...,. ,►,. pFlt i•1.15► sixth f,.trcet eX c r,ou!h Street 1 ino of �► � Li on �1 th tl,r 1'Ol':.X,,.....�.•• *fact to tt�e Point of lnlOno • corner f tint t � Block ' .. otter . a►�td l:opkins :tccn,l+tr 1. tie to L. Llt^.tire liorth ca if n �fcotcrtucrPt corn ,CitLUF.�%� nee . h tl� . . point. of int^rseCtton w� - � � of the '"IOII TO TiiF, CITY «B» ' of C AL PARK An ADDcox'dad in Tlat Zook 2, P cr 3% o t I11G to the rint thoteeof r Tioridct, ooid Po tti street line of 5ixt1 Vtreety South publio ftvcords of thv•obea5ou Coon Yt fry the South • 142.5 foot South o ;(Qot ,5 of tqu BDC Il�� the l Q jje9t on it line 142.5 to the Stroot mine of Sixth Strooto int�►n�1ed i'er use ao nn aller• oonriyod 6i ealoy !.t► ]11"k "A"• Of herein � hoY'ow bt thnt o�sxt�►ir+ beina ,oa exten•: 4rese►Ld�•x� .. CUMAL r o . • _A`- United Telephone of Florida --' A Sprint Company 813-763-1184 August 2, 1994 Hoover and Associates, Inc. Jeffrey M. Sumner 421 NW 3rd Street Okeechobee, FL 34972 Dear Mr. Sumner: I have no objection to closing the alleys described as 899 N. W. Sixth Street Okeechobee, Florida 34972-2522 follows: ALLEY: East -west alley lying in the middle of parcel of land bounded on the west by SE 4th Avenue, on the north by SE 3rd Street, on the south by SE 4th Street, and on the east by SE 5th Avenue. If I can be of any further help contact me at the Sincerely, Nealis, Engineer JRN/erb Enclosures telephone number. • N cu " N 114 M N rr r r:lUC�- Z p W = .r Lo . :W < o 10 . Ln CQ ,�5 W aWL w " U W LO ui`� LL WOLU -. 4 O W Wax WO 0 0 a ' -:),+ w E' W _ : U. O W CC Uj a ,gip. I OI Z 0 0 w 8 Y Q W J V i �I EA CITY OF OKEECH TO: Councilmembers DATE: Walker and O'Connor THRU: SUBJECT: THRU: FROM: John J. Drago, City Administrator You asked me to see what can be done to offset the r debt service fees. There are basically two options: adjust the present schedule to have the larger meter the smaller meters fees. Secondly, the utilities c contribute funds into the debt service account to re money that needs to be raised by the rate payer. EE August 10, 1994 Debt Service ent increase in the First, the City can pay more and reduce rating fund can ce the amount of Taking into consideration that Public Utilities is committed to complete certain projects next fiscal year, the operating fund can comfortably contribute $200,000 per year to the debt service fund. Attached is Resolution 94-16 that reflects the $200,000 contribution. If the Council is in agreement to this option, then Resolution 94-16 needs to be adopted. I RESOLUTION NO. 94-16 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA C OF THE PUBLIC UTILITY RATE RESOLUTION 89-5; PROI EFFECTIVE DATE. BE IT RESOLVED THAT RESOLUTION 89-5 BE AMENDED i 1. Section C. is hereby amended as follows: C. Capital Recovery Cost (Debt Service) Monthly Am, Meter Size 1ft DING SECTION FOR AN FOLLOWS: 5/811 X 3/4" $ 43:49 10.00 $ a..6.qfi .__ 1° A 1-- 25' 00 g 156.25 1 1 /2" 268,09 250.00 236:9A 312.50 2" 492:09 375.00 692-49 468.75 3" 894-99 750.00 a ;99"9 937.50 4" W _1.2_ 50.00 -.W 1 562.50 6" 2.5_ 00.00 2;269 W 3 125.00 8" 4 A9 _4.5_ 62, 00 gg 703.12 10" 7;89A:gg 7.375.00 ��t137 .75 12" egg; gg 10, 750.00 — �#4; 376:9A .50 Fees for capital recovery costs for meters larger than 12 inches shF total water requirements. 2. This resolution shall become effective August 16, 1994. INTRODUCED AND ADOPTED this 16th day of August, 1994, by tl the City of Okeechobee, Florida. ATTEST: Bonnie Thomas, CMC, City Clerk Mayor James be based upon City Council of CITY OF OKEECHOOEE M 8 N O R A N D U N TO: Councilmember Walker DATE: THRU: SUBJECT: THRU: FROM: John J. Drago, City Administrator 12, 1994 roperty Tax ncrease You expressed a concern about raising property to es at the same time that the City increased the debt service fee for Public Utilities. You asked me to see if there were other ways to fund the request from the General Fund pension board. The budget is now in very rough draft and there is no additional monies to fund the pension board's request. The funds that were available were used to offset the increases in Worker's Compensa ion insurance .and other fixed costs. Below are the options for the City to consider: 1. Raise property taxes 12 cents ( 4.94 too $�) to pay for the pension board's reques This increase is only for one year and could be higher in later years. 2. Fund the Pension Board's request by allocating part of the bonus monies. The council wo 1d have to allocate part of their expense movie to cover their share. This would only effect the G neral Fund Employees not the Fire or Police Emp ogees. The 1% contribution that the City is requir d to contribute now to the fund would be used to sup lement.those employees that do not have enough bo us monies accrued to pay for their contributio . 3. Deny the request. The pension board also stated a wish of a $2,000 each employee into the pension fund. This can b either raising property taxes or allocating all monies (General, Fire and Police) to cover the c if the Police or Fire Pension Boards were to apf with a similar request for increase of benefits, apply for them as stated for the General Fund. ontribution for accomplished by the bonus t. oach the council the same options