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2003-03-18 Regular�M-Iv.j CITY OF OKEECHOBEE MARCH 18, 2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA CALL TO ORDER - Mayor: March 18, 2003, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Eddie Lamb; Pledge of Allegiance led by Mayor Kirk. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE -City Clerk. Mayor James E. Kirk Council Member Noel A, Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Adriana Berry IV. PROCLAMATIONS AND PRESENTATIONS -Mayor. A. Proclaim March 22, 2003 as "Angelo Masi Day." PAGE 1 OF 13 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the March 18, 2003 Regular City Council Meeting to order at 6:00 p.m. In the absence of Pastor Lamb, the invocation was offered by Pastor Jim Hudson; Mayor Kirk led the pledge of allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Mayor Kirk read the following proclamation in its entirety: "WHEREAS, Mr. Angelo Masi has been in ministry for over thirty-four years andfaithfully serving Okeechobee, Florida for twenty years; andWHEREAS, Angelo has shared the Gospel in his Homeless Ministry, his Detention and county Jail Ministry, his Hospital and Nursing Home Ministry, his Street Ministry and spending six weeks each year on mission trips across America and around the world; and WHEREAS, he is a noted figure walking the streets of our city, recognized by church leaders and political leaders of our community as a fireless public servant and for his contribution to the Christian community. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim March 22, 2003 as "Angelo Masi Day." r__1 L 11 MARcH 18, 2003 - REGuLAR MEETING - PAGE 2 OF 13 509 AGENDA IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. COUNCIL ACTION - DISCUSSION - VOTE A. Proclaim March 22, 2003 as "Angelo Masi Day" continued. Bobbi Poole was present to receive the proclamation on behalf of Mr. Masi. Mrs. Poole thanked the Council and stated I I that the proclamation meant a lot to Mr. Masi. B. Proclaim the month of March, 2003 as "American Red Cross Month". r- 1 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 4, 2003 Regular Meeting. I Mayor Kirk read the following proclamation in its entirety: "WHEREA% for more than one hundred twenty years, the American Red Cross mission has been, to help people prepare for enwgencies. Last year, more than I I million s1W heroes helped their neighbors prevent prepare for and respond to emergencies by volunteering for their local Red Cmss Chapter, and airnost twelve million more took the time to loam lifesaving skills, such as first aid and CPR. An additional 42 million people gave blood, the gift of life, dmgh the American Red Cross; and WHEREAS, the Pahn Beach County Chapter has a distinguished history of providing Wesaving services and programs to ourcommunity. Building on thattradition, we we focusing on building partnerships, increasing safety and disaster preparedness education and enhancing our response capabilities; and WHEREAS� as we moveforward with the importantwork of the American Red Cross and as we ceftrate March 2003 as American Red Cross Month, we ask that you become partners in preparedness with the Palm Beach County Red Cross and to come together. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of March 2003 as "American Red Cross Month." Andy Jerant, Red Cross Representative for the Palm Beach and Okeechobee Branch was present to receive the proclamation. Mr. Jerant thanked the Council and invited everyone tD Red Cross's official Open House on Monday, March 24, 2003. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Acton for the March 4, 2003 Regular Meeting; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 510 MARCH 18,2003 - REGULAR MEETING - PAGE 3 OF 13 AGENDA A. WARRANT REGISTER - City Administrator. A. Motion to approve the February 2003 Warrant Register General Fund . ................................ $326,660.36 Public Facility Improvement Fund ................... $25,067.34 Capital Projects Fund (Building) ..................... $90,124.30 Capital Projects Fund (Vehicles) ................... $446,640.00 'A 1. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 1� All. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 817 regarding Alley Closing Application No. 67 submitted by Okeechobee Commons, Too - City Attorney (Exhibit 1). b) Vote on motion to read by title only. COUNCIL AC11ON - DISCUSSION -VOTE Council MemberWafford moved to approve the February 2003 Warrant Register, in the amounts: General Fund three hundred twenty-six thousand, six hundred sixty dollars and thirty-six cents ($326,660.36), Public Facility Improvement Fund twenty-five thousand, sixty-seven dollars and thirty-four cents ($25,067.34), Capital Projects Fund (Building) ninety thousand, one hundred twenty-four dollars, and thirty cents ($90,124.30), Capital Projects Fund (Vehicles) four hundred forty-six thousand, six hundred forty dollars, and zero cents($446,640.00); seconded by Council Member Williams. nllt� KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the additions, deferrals or withdrawal of items on today's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:08 P.M. Council Member Watford moved to read by title only proposed Ordinance No. 817 regarding Alley Closing Application No. 67 submitted by Okeechobee Commons, Too; seconded by Council Member Markham. V1110 KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MARCH 18,2003 - REGULAR MEETING - PAGE 4 OF 13 511 AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. IA. 1. c) City Attorney to read proposed Ordinance No. 817 by fitle only E 2. a) Motion to adopt Ordinance No. 817. b) Public Comments. c) Vote on mobon. B. 1. a) Motion to read by title only proposed Ordinance No. 820 amending Section 681 of the Land Development Regulations (LDR's) pertaining to Temporary Structure and Temporary Off -Premises Sales - City Attorney (Exhibit 2). COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook noted there was a typographical error in the fitle and read it into the record correctly. The word "Revision" should read "Reversion." Attorney Cook read proposed Ordinance No. 817 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S ORALLEYWAY'S LOCATED IN BLOCK 20, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITY PURPOSES; RETAINING A RIGHT OF REVERSION; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.09 Council Member Markham moved to adopt proposed Ordinance No. 817; seconded by Council Member Chandler. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Okeechobee Too, Ltd. is requesting the closing of the East to West alley in Block 20, City of Okeechobee to facilitate a safe and amenable community for the elderly and handicapped. By closing the alley, the safety of the residents is furthered and security is improved. The Okeechobee Utility Authority is requiring an easement at the West end of the alley. As requested by the Public Works Department, the reverter clause allows the developer twenty-four months to complete the project or the ordinance is deemed null and void. The Council noted their appreciation to the developer for working on this project with the City. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council member Watford moved to read by title only proposed Ordinance No. 820 amending Section 681 of the Land Development Regulations (LDR's) pertaining to Temporary Structure and Temporary Off -Premises Sales; seconded by Council Member Markham. MARCH 18,2003 - REGULAR MEETING - PAGE 5 OF 13 AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 820 by fitle only 2. a) Motion to adopt Ordinance No. 820. b) Public Comments. COUNCIL ACT10N -DISCUSSION -VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 820 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS; SECTION 680THEREOF DEALINGWITH TEMPORARY STRUCTURES; REQUIRING UNIFIED REGULATIONS FOROTHER TEMPORARY STRUCTURES AND TEMPORARY OFF -PREMISES SALES IN SECTIONS 681(4)(5) THEREOF; PROVIDING FOR ADDITIONAL USE OR FUNCTIONS FOR NON-PROFIT FUND RAISING ACTIVITIES; PROVIDING FOR EFFECTIVE DATE.09 Council Member Markham moved to adopt proposed Ordinance No. 820; seconded by Council Member Williams. Mayor Kirk asked whether there any questions or comments from the public. There were none, There was a brief discussion between the Council and Staff regarding the safety concerns for Boot Drives within main intersections. Council MernberWatford made a motion to amend DroDosed Ordinance No. 820: Daae 2. "Paraarag)h 5a, to read "All fundraisina activities where it is conternDlated that the oarticloants would be Athin a street daht-of-way. or intersection. to conduct a "boot ddve" or similar activity where money is collected from ussinq motorists, shall not be oermitted. The motion was seconded by Council Member Williams. VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION To AMEND CARRIED. MARcH 18, 2003 - REGuLAR MEETING - PAGE 6 OF 13 .513 AGENDA Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. IE. 2. b) Public Comments continued. I CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. A. 1. a) Motion to read by title only and to det April 15, 2003 as a public hearing date for proposed Ordinance No. 821 regarding alley Closing Application No. 68 submitted by Steve and Mary Porter - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 821 by tide only 2. a) Motion to approve the first reading of Ordinance No. 821 COQRCIL ACTION - D=SM - VOTE VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED As AMENDED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:24 P.M. Council Member Wafford moved to read by title only and to set April 15, 2003 as a public hearing date for proposed Ordinance No. 821 regarding alley Closing Application No. 68 submitted by Steve and Mary Porter, seconded by Council Member Williams. 60-170 KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 821 by fide only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 34, FIRST ADDITION TO SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS� OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN EASEMENT THEREON AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 821, seconded by Council Member Chandler. 514 MARCH 18, 2003 - REGULAR MEETING - PAGE 7 OF 113 AGENDA IX. NEW BUSINESS CONTINUED. A. 2. b) Discussion. c) Vote on motion. B. Motion to award bid related to the Ninth Street Project for the Industrial Park - Gene Schriner, CAS. COUNCIL AC71ON - DISCUSSION - VOTE Alley Closing Application No. 68 was submitted by Steven G. and Mary A. Porter along with co -applicants Jerry D. and Willa D. Townsend. Addibonal property owners within the block who signed Letters of Consent are Lucy Goglia, John C. Perry, Jr. and Ricky R. Redish. The request is to close the North to South alley located in Block 34, First Addition to South Okeechobee subdivision. No easements are being required by the utility companies. Council Member Markham stated that he had received a fax from one of the adjoining property owners. The fax stated that the property owner (Ricky R. Redish) would like to rescind his original request (letter of consent) to close the alley behind Lots 3 and 4 in Block 34. There was discussion between Council and Staff regarding closing the North part of the alley. Applicant Steve Porter addressed the Council. Mr. Porter's reason for wanting to close the alley was for safety precautions. His Plaza is separated by the alley and vehicles are using it improperly. Council Member Williams made a motion to amend or000sed Ordinance No. $21 to close oniv the oortion of the allev between Lots 1. 2. 7 and 8 of Block 34. First Addition to South Okeechobee: seconded bv Council, Member Chandler. VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION To AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED As AMENDED. Council Member Watford moved to award the Ninth Street Project bid to Better Roads in the amount of one hundred twenty-two thousand, four hundred seventy-seven dollars and twenty cents ($122,477.20) relatedtothe Industrial Park (Commerce Center); seconded by Council Member Williams. MARcH 18, 2003 - REGULAR MEETING - PAGE 8 OF 13 515 AGENDA IX. NEW BUSINESS CONTINUED. B. Motion to award bid related to the Ninth Street Project for the I Industrial Park continued. C. Discussion regarding Industrial Park Engineering Fees - Gene Schriner, CAS. D. Motion to approve a Lease Agreement with Option to Purchase for the sale of land to Tim Gates - City Attorney (Exhibit 4). COUNCX ACTION - DISCUSSION - VOTE Administrator Veach addressed the Council, stating that the Bid by Better Roads was within the budget and the companyiswell qualified. This portion of the project (Commerce Center) will be completed through StateAppropriation Funds. Esh� KW -YEA CHANDUR - YEA MARKHAM - YEA WATFORD - YEA WWAMS - YEA MOTION CARRIED. Gene Shriner from Craig A. Smith and Associates addressed the Council regarding a request Ibr payment of services rendered on the Commerce Center, Mr. Shriner stated that CAS has completed the engineering, permitting and drawings, for the grant agencies for over a year. The work calculates to 20 percent of engineering and design, and 30 percent of surveying costs. Adrninistrator Veach explained that Economic DevelopmentAgency Grant holds the bulk ofthe engineering fees. They will not reimburse the City until the project is completed and permitted. Council Member Watford moved to reimburse Craiq A. Smith and Associates in the amount of fifty thousand, one hundred seventv-six dollars andfortv cents WWA 76.40) for engineering services related to the Commerce Center Proiect: seconded bv Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA W"MS - YEA MOTION CARRIED. Council Member Chandler moved to approve a Lease Agreement with option to purchase for the sale of land to Tim Gates; seconded by Council Member Watford. 516 MARCH 18,2003 - REGULAR MEETING - PAGE 9 OF 13 AGENDA IX. NEW BUSINESS CONTINUED. D. Motion to approve a Lease Agreement with Option to Purchase for the sale of land to Tim Gates continued. E. Discussion pertaining to a request made by First Baptist Church to consider the installation of a pedestrian crosswalk at the corner of Southwest Fifth Avenue and Southwest Fourth Street - City Administrator (Exhibit 5). F. Discussion regarding an Interlocal Agreement between the City and the County pertaining to the Courthouse project - City Attorney (Exhibit 6). COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook explained the purposeforthe new Lease agreementwith Mr. Gates/Sheffield was thatthe previous one had expired. In order to proceed with the grant funding a Lease has to be in place. There was discussion between the Council and Staff regarding the insurance on the property.There was an insurance clause in the agreement which made Sheffield liable for any and all claims, actions, suits or other demand for personal injury, property or casualty loss which may occur on the premises. Attorney Cook agreed with Mr. Gates request that the section be changed since he does not intend to be at the site until July 1. The City is doing work at the site. Council Member Watford asked for clarification whether or not the Lease Agreement was assignable to another party, Attorney Cook responded no. Mr. Gates/Sheffield has until July 1 to obtain the funding needed to participate. Should that funding is not obtained by that date they are no longer a part of this project. Administrator Veach stated that granting entities have seen the Lease Agreement and offered no objection. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Administrator Veach stated that he had received a letter from the First Baptist Church of Okeechobee asking the City to consider installing a flashing yellow light and crosswalk on the corner of Fifth Avenue and Fourth Street. There are safety concerns with pedestrian crossing in this area due to Church and Community use of the new Recreational Outreach Center (gymnasium). Mr. Marvin Wherrell was present to represent the Church. He asked the Council for financial assistance with the installation of the pedestrian crossing system. Included in Exhibit Five was a price quote obtained by the Public Works Department. The quote addresses a state of the art pedestrian crossing system that is installed in the street. There was a brief discussion between the Council, Staff, and Mr. Wherrell. Mavor Kirk recommended that First Baptist resubmit their reauest afterthev decideon a specific pedestrian crossina/caution system, Pricina and whether or not financial assistance from the Citv would actualiv be necessarv. Attorney Cook explained that there are two proposed documents in Exhibit Six. One that he drafted and one the County Attorney prepared. After reviewing both, he suggested the Council consider the County's due to its simplicity, MARCH16, 2003 - REGULAR MEETING - PAGE 10 OF 13 sil AGENDA IX. NEW BUSINESS CONTINUED. F. Discussion regarding an Interlocal Agreement between the City and I the County pertaining to the Courthouse project continued. G. Motion to make an official offer, including purchase price, for the Mason property that the City needs to acquire - City Attorney (Exhibit 7). COUNCIL ACTION - DISCUSSION -VOTE However, there are three items that the Council would need to address in the agreement. Those items are 4) How many years do we want to monitor the traffic? Z When will the "counts" for traffic be done? And (I When does construction of additional parking spaces begin? There was a lengthy discussion between the Council, Staff, County Commissioner David Hazelieff and County Administrator George Long. The consensus was that the agreement would reflect that traffic counts would be on the two main entrances to the new Court House. The counts would be done on the second, fifth, eighth, and tenth anniversary. The data collected in the counts will be provided to the City as soon as its available. Once the increased traffic flow calls for twenty additional off street parking spaces, construction is to begin for that fiscal year. The agreement will expire after ten years or the construction of ninety-one off-street parking, whichever comes first. There will not be a provision for including the lease agreementwith the First United Methodist Church of Okeechobee. Since the agreement is based on the ninety-one spaces, if the County loses the parking arrangement with the church those spaces would have to be addressed at another off-street site. Council Member Watford moved to awrove the Interlocal Aareement as amended: seconded bv Council Member Markham. Mayor Kirk was given authority to review the agreement after the above amendments were included. If the Board of County Commissioners does not approve this same agreement it must come back to the Council for further consideration. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Chandler moved to make an official offer, up to five thousand dollars ($5,000.00) for the Mason property that the City needs to acquire (right of way portion on the West side of Taylor Creek); seconded by Council Member Markham. gig MARCH 18, 2003 - REGULAR MEETING - PAGE I I OF 13 AGENDA IX. NEW BUSINESS CONTINUED. G. Motion to make an official offer, including purchase price, for the Mason property that the City needs to acquire continued. H. Discussion regarding charging the Chamber of Commerce for electricity for usage in the Parks - Councilman Markham (Exhibit 8). 1. Request for consideration of a twenty percent parking requirement reduction - Robert Willson. COUNCIL ACTION - DISCUSSION - VOTE There was discussion between the Council and the Staff on the appraisal of the Mason property. Council reviewed the different options that were available. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Markham addressed the Council, explaining thatwhen the two and three-day festivals are held in the parks the City incurs replacement expenses for electrical plugs, sprinkler heads and electricity that is used. Council and Staff discussed whether the benefit to the City out weighed the minimal expenses incurred during the festivals, The events that are held in the parks draw thousands of people to Okeechobee. Council Member Watford noted there are inconveniences, we just have to bear. Mayor Kirk commented that it was a wonderful opportunity to show off our City and, the benefits out weighed the costs. He thanked Council Member Markham for bringing up the fact that there are costs that the City is bearing, and we should continue to monitor them. Mr. Robert Wilson stated his purpose for addressing the Council was that he wanted to get a 20 percent reduction of parking space for his business located at4l 0 Southeast 2 nd Avenue. He explained to the Council the different options that might be available to him. Attorney Cook stated thatthe Technical Review Committee had authorized a landscape buffer of two feet. Mr. Wilson incorrectly understood it to mean a two -foot property line set back. He distributed packets of various drawings for proposed parking plans. The plan that allows the most parking would require a petition for a Variance for the back property set backs. Council Member Markham and Watford questioned Mr. Wilson about bringing his business up to Commercial code. The structure thatthe business is located in was once a residence. There were concerns as to whether the bathrooms could be or had been brought up to handicap accessibility. There are also other areas that could possibly have to be addressed since the property was rezoned to commercial. MARCH 18,2003 - REGULAR MEEMG - PAGE 12 OF 13 519 I I I AGENDA IX NEW BUSINESS CONTINUED. 1. Request for consideration of a twenty percent parking requirement reduction continued. J. Motion to reappoint Jamie Garniotea and Frank Irby as Regular Members to the Code Enforcement Board for a three year term beginning May 1, 2003 and ending April 30, 2006 - City Clerk (Exhibit 9). K. Motion to reappoint Dawn Hoover, Thomas Keller, and William Ledford as Regular Members to the Planning Board, Board of Adjustments and Design Review Board for a three year term beginning May 1, 2003 and ending April 30, 2006 - City Clerk (Exhibit 10). COUNCIL ACTION - DISCUSSION - VOTE. Mayor Kirk aMsed Mr. Wilson to seek his Variance, then apply for his occupation license which would result in the City Staff doing Its proper inspection. At that point he would be infomed of what additional iterns need to be addressed in order to bring his bulking up to proper Commercial code. Council Member Williams stated that Mr. Wilson may have gone about his remodeling the wrong way, but the end result looked very good. Council Member Williams moved to reappoint Jamie Gamiotea and Frank Irby as Regular Members to the Code Enforcement Board for a three year term beginning May 1, 2003 and ending April 30, 2006; seconded by Council Member Chandler. The Council thanked the members for being willing to serve. VOTE K1RK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA W"MS - YEA MOTON CARRIED. Council Member Williams moved to reappoint Dawn Hoover, Thomas Keller, and William Ledford as Regular Members to the Planning Board, Board of Adjustments and Design Review Board for a three year term beginning May 1, 2003 and ending April 30, 2006; seconded by Council Member Chandler. The Council thanked the members for being willing to serve. VOTE KiRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WLLIAMS - YEA MoTioN CARRIED. 520 MARcH 18,2003 - REGuLAR MEETING - PAGE 13 OF 13 AGENIX IX. NEW BUSINESS CONTINUED. L. Motion to appoint Bettye Ta*r as a Trustee to the Police Pension Board for a term beginning October 31, 2002 and ending September 30, 2003 - Chief Davis (Exhibit 11). X. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADASED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY Coung WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, WSHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED ATTEST: Lane Garnioteq(, City Clerk i mes E. Kirk, Mayor aff COUNCIL ACTION - DISCUSSION -VOTE Council Member Chandler rnoved to appoint Bettye Taylor as a Trustee to the Police Pension Board for a term beginning OctDber 31,2002 and ending September 30,2003; seconded by Council Member VVilliams. (Thiswas aterm left vacant by the resignation of J.P. Zeigler). VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOT1014 CARRIED, There being no further items on the agenda, Mayor Kirk adjourned the March 18, 2003 meeting at 9: 12 p.m. jL M ORDER - Mayor: March 18, 2003, Ch Council Regular PIUNG CEREMONIES- Invocabon given by Pastor MAA- POW atiMlimlagm led Prese Absent ayor James E. Kirk Council Member Lowry Markham Council Member Clayton Williams ty Attorney John Bill L. Y Citv Administrator -each City Clerk Lane Garniotea lam iWi6:9 A. Proclaim March 22, 2003 as 'Angelo Masi Day," Okeechobee Floriia for twenty yurs; and WHEREAS, Angelo has shared the tospel in his 0 his Sbvet Ministry andVendng six weeks each yearon mission trips acooss Affoica and around the wixild, and WHEREAS; he is a noted Hum walkiing die sb recognized by church Maders and polifical Waders of our conymmity as a tireless pubic iii ant and for his contribWn Fo the Christian community. NOW THEWFO F, James E. ft by virtue of the autho* vesW in me as Mayor of the of Okeechobft Florlida, do hereby proclaim March 22,2003 as "Angelo Masi Day." _,:Prodairn the month of March, 2003 as "American Red Cross Month. Ja h* mwRit Pamm for w2weies. Last year more than 12 mUllon silent neighbors prevent, prepare for and respond WemerW des by volunteadng for their local I Red Cross Chaptw, and Wei as first aid and CPR. An adcftonat 42 million people gave blood, the gift of ft through ft American Red Cross, and WHEREW On Pahn Beach County Ghapter has a cistinguislia history of providing lifesaving services and programs toour community. Building on that aredneis education and enhandingourresponse capaWides; and WHEREA1% as we move ,,.forward with the important work of the Anwican Red Cross and as we celabnift March ''as Ammican Red Qmss Month- we ask thatym become pifters in p=arednest***e Palm Beach County Red Cross and to come togetlw. NOW THEREFORE, 1, James E. lOrk, by virtue id tha a, the month of March, 2003 as "American Red Cross Month." PAGE -.2- V. NNUTES - City Clerk. A. Council Member moved tD dispense with the reading and approve the Summary of Council Action 1br the Mafch 4, 2003 Regular Meeting; seconded by Council member L VOTE YM MAY ABSTAIN ABSENT ;6R—K %ol' CHANDLER V 1_1 Am- a U w %./ WATFORD WILLIAMS MOTION DENIED Vt. ANARRAN-REGISM -Clity AU—nedinftba-tow A. Council Member moved to approve the February 2003 Warrant Register, iffthe amounts: General Fund three hundred tNenty-six thousand, six hundred sixty dollars and thirty-six ii6 I- (W60661 - - - - � , - - ' - - __ I __ _ - nts .36), Public Facility Improvement Fund tNenty-five thousand, sixty-seven dollars -and-thirty-fourzervis ($25,067.34L CapitW PW*tsfund (Building) ninety thousand, one hundred twenty-ibur dollars, and thirty4mvents ($90,124-30), Capital Projects Fund (Vehicles) four w4 and zero centsf$446,640-.0ft-sedonded by hu" fofty-sixthouse ix Council Member. VOTE YEA MY ABISTAIN ABSE NT CHANDLER WATFORD MOTION DENIED PENMUCHUNIG a-fORORDWAHMADOPDM-.-MM-W,�-P---.--O--9 P&L -AA*-, G0UACi1Member_—PW-L - n1owd to read byUle-o*preposedOr6nance No� 8t7-agwding Alley Closing Application No. 67 submftd by Okeechobee Commons, Too (Exhibit 1 Xseconded 0 y C ouncil Mern! PAGE -4- .1 A uncil Member moved to read by tiffe on U�l posed Ordinance No. 820 amending n 681 of the Land Development Regulalions (LDR's) perlaining to Temporary Sik6Fe_Wn_d Ithninnmry Off-Promicac R21pc - lifw Afftu-nav lFvhildf IV em-nntiatf hu rm inAl kJamhar I M, V LAAAL��4% . I wwrs I I %f --- — -------- ML rt^al ^ A �rU�M Dfi cy-- �CityAbineY Mad proposed Ordinance No. 820 by Me enly as fe "AN ORDINANCE - ,OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. -WNS; beuncw 6W TH 16, LAND DEVELOPMENT REGULA AEALING TH TEMPORARY STRUCTURES; REQUIRING UNIFIED ��EGULATIONS FOR OTHER TEMPORARY STRUCTURES AND ,tEMPORARY OFF PREMISES SALES IN REir-MONS 681(4XS) THEREOE; :0ROVIDING FOR ADDIT10NAL USE OR FUNCTIONS FOR NON-PROFIT -TuNlYRAMING ACTIVITIES; PROVIDING I -OK r-Frr-C I IVI! DATE." B a), nd(Mpinber - moved to adopt Ordinance No. n . 2. a).' P�. RALL=r 9 1 MIA k �VQ' WaA L-M Le 0( W�& ime J92241r_ Iva - _b "s PVV a A01 A St C - - jon re0A. 5*til noi- be. -PerMj-7&P6y ote 0" WON _eUr lrrl0E40&*L PAGE -5- IX NEW BUSINESS. A. _Council Member moved to read by tide only and tQ set April 15, 2003 as a public hearing dale for proposed Ordinance No. 821 regarding a4ey Closing Application No. 66 subrnftd -by Steve and Mary Porter - City A*wney (ExhM 3t nded by Council Member OJA3 - b) - VOte-on-motiort lo read -by tide or*. VOTE YM MAY AMM ABSEW i FIf K V MARKHM -VmTfzm V VWLUAMS L-" W_ 0 Xily AWrney read -proposed Ordhww No. 821 by-tWe only as thows: "M ORDWANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS LOCATED IN V.VXHOBEE AS-R -SLOCX-34i-FIRST-ADDITION TO SOUTH 001, f I ECORDEWN PLAT -BOOK i, PAGE 17, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN --ZASEMENT THEREON AND DIRECM THE CITY CLERK TO RECORD THE-ORMNANCE IN - THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR -bit. ------ EECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE: LM moved io approve the w reading of ordirtance No. 821, sewnded by Council Member %k W 6 b) Discussion. -c4 f+ 1,5 Qe Ott (x1kLZ,,- f6r busih.-P-5-5 he OWSP-tLAPA-tiO. Ca� CW na, C. 1 6 h W 01 SP6 usiy concern, fh 0 r W ir j x P-- A oyp) o o n + 1� ela-s-a- Opphfrunf 00/) patf!- aw-nof- PP r, -, tl-4+ 6AI-�tA'(L— dd -We on motion Own, D-yvff un*r twu. Ya W"'AUMN ABSEW 5ave , puJor KIRK , V- -PUr0h449- CHM -L/ --- ---- JoTm, Ar. &Wr ofro-pe, MAWW U VALUAMS --MOTION r �f "-p wee, -r)& ",ok-4 �wd FwP-a0y OF avv�z T B. PAGE -6- Council Membe moved to award bid to NEZ- )!�! Oe IYOr 4qy5i the amount of 1,; 1 /-ac) related to the Ninth Street Project for the Industrial Park; seconded by Council Member OJA) - - rspc b'or) rn Cd i'A,cce #;o) P-00-1 C� U We -COHMAC& 00- Pro -e,6ns1fue,#bn M I I — On Uko-vf 4,4kaa,7 VOTE YEA NAY ABSTAIN ABSENT 7V- WRK dHANDLER L/ *RKHAM t/ WATFORD V WILLIAMS "ON DENIED �� 0111,11 PAGE -7- C. Discussion regarding Industrial Park Engineering Fees - G�4chriner, CAS. or� oi SO C', U fe, C� Pv rwc,,ra tz jpl�o ao Veve 30 Cr 7F o770 rail*, FE D,4 10 z' if Ovt 19 azt t1v t� ce_� TL" bl CA-T L >tv y PAGE -8- D. Council Member t� moved to approve a Lease Agreement YAth Option to Purchase for the sale of land to Tim Gates - City Attorney (Exhibit 4); seconded by Council Member J20 VOTE YEA NAY ABSTAIN ASSENT low V CHANDLER V MAWHAM V WAOORD WialAMS L/ MOTION DENIED aSrPery)LM7L- VhUP fojx/ In byder fo py-oeoiod ttnei-er 6r-aii Ina, T6 kja V CAJ �bf- GhePP e 17 �o m )-i-y) L�P, r h* ofpo h'n 7�wix 9X OLA RA Ct s oy h, Flo-- tk 0 1"�Pfl dw-le op cv/aA. �Iq Ve- Urk t do -!I WORL i -lift P N) �rocr -00j-tq'� 4U 5�1'a �Po ywcfrc�' rol)l- w,�,v D�J - Kcicc Nh5hip 5P i/pr-ad c,-Q vvyad lv3 CDA 64:211404;V> Shp Pr-l"o 10(, n-e V'10,r �j V*On C1 f/Y� NaAe MWe /Y)yo LA. ernik)en4 , tOCtrIf- him -to &- &)VO I ved /�q Appc)s /'n Of 01A:J--, -T�rn (2 uh j �bfw ova L -e �-f I' *I -7,//Y) tkiaw We, /Aik-N VPO�ZLZ ea)Z*40714�?. V-41rit -'UY &4n-0, UP bAk UP)-,4,S5 y 6A't lle'L -12>-V h4t< ttnh"/ 4efls ory)aj bfto't k(V, if) DA)- Cob�- FQY'4 O-P 50n�OS 0-T C)efley'-'-) eA 5- 'a. arx ac rel ovq- pf,# s r ao v) zv5 been b1dA I)A f5 S-ecu(' RY, iy�p hp rjaq_,� Inc ge, r �ibr 00*W-4s , Peb'0GJC'K Pf()j4P0-- e ChPD1C)Cj(.0 hCh�f P, en Rh,-p <,pon c wito c 4 ryo PAGE -9- 4 E. Discussion pertain" to a request made by First Baptist Church to consider the installation of a pedestrian crosswak at the corner of Southwest Fifth Avenue and Southwest Fourth Slreet - City Adrflinistrator (Exhibit 5). con 6,c.4- kfmh -IY)Q(VIY-% Pkan-is)a, hprvooect w) -PY-03 + tA f24017-Z.,e, YnPS4- clso-, �iyk, C4 C ro 5si flc2F ?"e UP).'O 1' 11 /-to Avn�4- Ck/i Q Pr rot/ 4 r) OM� (A-P W kX Cq, n�- &P 4-0� 9-ec - C) 5/70/1 Pe (-& er �e R- &Pl-e vn f Of �0) V,061 LAJ I-V r)C�r U) ] PQ ['5P-IW Our n -e-ed cov� �or pu i hCft�nth-ai PAGE -10- F. Discussion regarding an Interlocal Agreement between the City and the County pertaining to the Courthouse project - City Attorney (Exhibit 6). dipf� Joh cossAts ddP . croli(O-5sps Sq/_OV_., W ( Tnton-� 5 4`1* rvdt� o,�o w �VOK rVLI� -4;)Z f MteJA L4J1 04,4- Odd O_ut. f)gVtr g Vee it Popp, Ab T, sp-e,, 4:;�01 &JAO V�S NOW Vafda,44 � tA)h&q ��UPIA .1114�hocll'15,f NV�VV-) TP have -Y) 46" 'D ren �o por, 5 "1 1 C14 O(CV a> -a g5uy�-b -flow on rpc orot U�W 'JOI),h 1;(4P-f a�. of 9 '5�aTll - Z( h&) of'eow4 A�y_ 'Z z P S ""i Pvqf,,A�:�, 0 Cirillv. rsck.4r JOhh COS(-,�A 7 14 - 0q) Sotnt Ap Mqp V/ _-q- Oukm S1 0 Onk Obo's 61�w PK6 C/ hs_5Uro4_,5 p0tt4'm Lvo,51wvar Cot nr �afsw J rl- o M d�Zr 0, 0 pn 4,Y) vp Y, + -1 �r , r n lolqlw I I-er 4— C/2 Whs . 5 Cno Lot 0_� Pon '4 thuw P) Rod tX I pavthold 90 hc4s h-yd.,c, 4y),or�, poli P61) 4 A, up ID -act CL" 4_-A�N 010 fV W/ Pu"O WOO." Q.,)UR5 rM r) Q Pp9h . e L� . W Od r lmn� Ot 05Y UUNN yl�. - hA4 f rY\ OYq 15thqoy fl/F PAGE -11 - G., Council Mern ar moved to make an official offer, including purchase price, in the amount of I fbr the Mason property that the City needs to acquire - City Attorney� (Exhibit 7); se-co"nded by Council Member I / fin VOTE YEA, NAY ABSTAIN ABSENT KIRK %/ CHANDLER V MARKHAM %) wATFoRD %1Y VVILLIAMS 61ON DENIED CAP I T Or" W PQAXA) "Y 0 (A.) rn YY)Pf)Cl OW -e tV I C)?A�-4-- -C A t -r n 00- e)- ODO ho)- 4-v arccp& �51 00 bu-k j ! PAGE -12-. H. _iDiscussion regarding cha'ging lhe Chamber of Commerce for elec~ity for usage in the Parks - ~ !Councilma--~~ PAGE 4 3- Request for consideration of a tNenty percent parking requirement reduction - Robert VWlson. HO AT)r- . A , - IDI&� - CW CO,,&W tk,� tit JA-1-0 C.,6 QP Tr yj- n c) +o 4-4 lrepe ... �Cl t�d OLI +eQ) 0 fi- �O 11150' is S. L4 V a 6 0. SAW - Ot Pfl vor -c z olatP -e-., Pol _�y tXA CW�LLM On D -v I S) Fr% d m o JAey�t � Van i2(m raft4- V Ot t t'CXAN I �- UIA 1,A) p1tar v e &0 /vie has, -A,�n-PO a6i-\O Od Al)�- ell work- d oud as resom h, ou mft h- ti r 00 M,.-. -e-r.CA'-&J-CV01 -00,eA O&W tkp- _WPI Vma 4o, mpe-h -� 4w'5t- mrcianfe on Pwkf-'�q-- LUJ-, SlIV-P PO -LAP -1 -Ch-fRf ' TOM A� -aS.-rRSj&,WMj I-- t-l) 0 LP wt 4, F h - at) YA) la I ---- R-OA--P-- vcfr� W-- oti -se jCh f PAGE 44- __qpuncilMember CL&) movedto LeajpirvtJarnie Gamiotea and Frank Irby as Regular —and an ng Members tolhe Code Enforcement Board for a three year term beginning. May 7n d in May May May May May VIRV moved to reappoint Dawn Floover, Thomas Keller, and Wliam K. :,Council Member HA U CQ [AUMUIM IVIVI I [&PUT 0 IV U JU I "AN 11191 IV L~%M %A, %I City Clark (Exhibit -'Board for a three year term beginning May 1, 2003 and ending April 30, 2006 —W t)y '10), ww 11 Member % v%—,o VOTE YEA ABSTAIN ABSENT IORK CHANDWR MAW" WATFqW NO I Nim= DE D C)VQ n i(Y'i A Council Member moved to appoint Bettye Taylor as a Trustee to the Police Pension fbretefm beginning GelebeF 31, 2002-and AAdiA9 September 30,2003- Chi-d-DwAs (Exhibft 11), Seconded by Council Member PAG 4- --ZTY Of --March44,2=- - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES 1. CALL TO ORDER - M; March 18,2093, Ch P_o_uncil Regular Meetioq. 6:00 g.m. -jL NNG CE:REMOUM*- Invocation-aueaja-Pastor Pleft of A110ance led by MWor. 111. MAYCK COUNCIL AND STAFF ATTENDANCE - City Clerk. _"gr_4@�ms E. Kirk �Council M4666i Noel A.- -Chancier LowryMarkharn ------- Council Member Dowling R. Wadbrd, Jr. Vul %41 VVTQT1TVUVCW*n :City Attorney John R. Cook -Zfty CleA Lane GaiTiotea %001 Deputy Clerk Achiana Berry IV. 'PROCLAMATIONS AND PRESENTAMONS - Mayor. A. Proclaim March 22, 2003 as "Angelo Masi Day! "ei-116sitas uryearsan- Okeechobee Florida for twent 9 "Am� and WHE has shared the G -ospel W-0; komeimm Ministry, his Detwition and county Jail Ministry, his Hospital and Nursing Home --ffiflifthiSStIvefMinistryandspendin six eachyearonads bips amssAnterica, and around the world; and WHEREASjhe is a noted figure walking the streets of our city, 19" 1... -4 —11-1 meaft . by chureh-leaden- an. 's V, our coni-nuid"*-1irelaw-public savant and for his contribution to the Christian community. NOW THEREFORE, 1, James E. nux, by CRY of h01FW'- FIDW -do hereby proclaim March 22,2003 as "Angelo Masi Day." )L --Proclakr(ft-nionoi of M -2003as�kimicanr�%-vu'Cross*lonth." --,-,WHEREAS, for morethan one hundredw"Years, theAmerican Red Cross mission has been theirnei hbors prevent,"are for and respond to anergIencies by volunteering for their local Red Cross Chapter, and akwsjjw��j��Oe &m- ofm learn lifesavingskills, such 6A.—Mir., j=q= VdV- MUM - K% mrougamm American Red Cross; and WHEREAS, the Palm Beach County Chapter has a distinguished klaaft�. jfts pro3AAP Bulks O-e~ sen-Aces and V. to eurAxwnmenity. tradition, we are focusing on building partnerships, increasing safety and disaster pWooduesseducatioitaitdenhuncinvouirre3poniiecapAMes,andWHILMilitil!��sililliir.,,,.I�� forward with the important work of the American Red Cross and as we celebrate March 2003 seArneti Ite-d Ck—m 1116-iffi, we askthat you become ersln—p6�-- �ess �#Wftlrj� Beach County Red Cross and to come tooether. NOW THEREFORE lAnes E. —the —autho ft-- vested In me as Mayor of the City of Okeechobee, Florida, do hereby proclaim -tha month of Mamb as-"Amedcan Red Ccos-s Month:1— PAGE -2- V. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summ"f Council Action for the March 4, 2003 Regular Meeting; seconded by Council Member V07E YEA NAY -ABSTAIN ABSENT R-IR-K CHANDLER MARKHAM V WAVORD L' WILLIAMS L/ MOTION DENIED V1. WARRANT REGISTER - City Administrat" A. Council Member - bW moved to approve the February 2003 Warrant Register, in the amounts: General Fund three hundred twenty-six thousand, six hundred sixty dollars and thirty-six cents ($326,660.36), Public Facility Improvement Fund twenty-five thousand, sixty-seven dollars and thirty-four cents ($25,067-34LCgwital I Projects Fund (Building) ninety thousand, one hundred twenty-lbur dollars, and ($90,124.30), Capital Projects Fund (Vehiclej) four hundred forty-six thousal, soixhundred forty dollars, and zero cents($446,640.00); seconded by Council Member W . VOTE YEA MAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L/ WILLIAMS C" MOTION(�A;R �ED DENIED VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill OPEN PUBLIC HEARING FOR ORDINANCE ADOP71ON - Mayor. p.m. A.I.a) Council Member NA) moved to read by title only proposed Ordinance No. 817 regarding Alley Closing Appi on No. 67 submitted by Okeechobee Commons, Too (Exhibit 1);seconded by Council Member LM pt Vote on motion to read by title only. YOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER 4AAKKM" WATFORD WILLIAMSmoTION (=CARRIW - DENIED PAGE -3- c) City Attorney read proposed Ordinance No. 817 by He only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 20, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESE*VING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMEW FOR 'Pl- PUBLIC UTILITY PURPOSES; RETAINING A RIGHT OKREWSIO JAND DIREc-nNG THE -- N HE PUBUrM—ORDS OF THE CLERK OF Council -Member F v I moved to adopt Ordinance No. 817; seconded by Council Member Q�' � b) Public Comments. co c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MAIMM WATFORD WILLIAMS AMIOTION,(�CARRJIE DENIED PAGE -4- 13.1.a) Council Member N3 moved to read by title only proposed Ordinance No. 820 amending Section 681 of the Land Development Regulations (LDR's) pertaining to Temporary Structure and Temporary Off-Prernises Sales - City Attorney (Exhibit 2); seconded by Council Member 1,M . b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KJRK 7- L CHANDLER I`- MAM(HAM L/ WATFORD L/ WILLIAMS L-' MOTION (`CARRIgP/- DENIED C) City Attorney read proposed Ordinance No. 820 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS; SECTION 680 THEREOF DEALING WITH TEMPORARY STRUCTURES; REQUIRING UNIFIED REGULATIONS FOR OTHER TEMPORARY STRUCTURES AND TEMPORARY OFF -PREMISES SALES IN SECTIONS 681(4X5) THEREOF; PROVIDING FOR ADDITIONAL USE OR FUNCTIONS FOR NON-PROFIT FUND RAISING ACTIVITIES; PROVIDING FOR EFFECTIVE DATE." B. 2. a) Council Member moved to adopt Ordinance No. 820; seconded by Council Member b) Public Comments. Lm - bco� & 4^41 _ha,� 4-L- m-u± Gi blt4� C EN-Z jo - 1� I pt_V�Q��, 6,d d 1'1� 0 - MdkL , 60-�J U-� �)U-*,k 0-v—L kCU) (�LWOt)4 L alz,,.J L6 lluv�� (,�& C�x% bo - kod;t� 4V 6L C) A - N - - i I VOTE YEA NAY ABSTAIN ABSENT ia—RK CHANDLER MARKHAM WATFORD WILLIAMS MOTIO CCARRIE- DENIED CLOSE PUBLIC HEAPJNG - Mayor (C�-2� p.m. hearing date for proposed Ordnance No. 821 regarchng aRey Closing Appkabon No. 66 subafted IORK WILUAMS- Aft WSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAY'S LOCATED IN E 17, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVG AN CITY CLERK TO RECORD THE ORMNANCE IN MENT THEREON AND DIIEEC71NG 4�E PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN ANDJOR_ 'OKEEC EE COUNTY, FLORIDA; PROVIDING FOR AN EFFEC71VE DATE." P-l'. "t-, 41 = MOTION PAGE -7- C. Discussion regarding Industrial Park Engineering Fees - G thriner, CAS. -C(A cucl C (�-ACL 0-�, U-t L —,Dal JLL AA- P-M./L+ L UY a+ A Ir I U hco b b)(01 ut pu;u isf, r-j - A �6, d t-x bij - yk� �po M� �w� LL4, U- �Ouop , al�,W6 Ur OLHYLLka� eLJQ ''out ------ --- - - PAGE 4- D. Council Member moved to approve a Lease Agreement with Opbon to PurGhase fqr sale of land tD Tim Gates -U�A-ftomey (Exhibit 4); seconded by Council Member VOTE YEA MAY ABSTAIN MSENT RI-R-K CHANDLP MARKHO WA-MIM IMLUAIWS IqU 96 Ir IA( Je, IA U PAGE, r9- E. Discussi on_pq_ pi to a rqqUest made by First Baptist Church to consider the installation of a .99 pedestrian crosswalk at the corner of Southwest Fifth Avenue and Southwest Fourth Sireet - City A.d-minist (EOWS). D -MuLh W) �)nkb6p., -G U--t ok�&D' bja,#J- kj sa, cuk'2� S�C�W) W- Aoc'ff M" J40 flnw - ew 6icLA I j C(�� 11 L Volta PAGE -10- F. -Discussion regarding an Interlocal Agreement between the Cit' e Xuaty pe ing t Courthouse project - City Attorney (Exhibit 6). 1 ORO tk --dad -"-e hi c/i 0AYL, Ot G-nUJ in Si 4- rJJ (w s� vay 41P_ /A40 ^J AV *6f U v NLYJ &a w I U__ A__Pvt__4_L_, r sl,�4 " 6 a� UJLU (IC4 J� W�O�ae, 6 9 V0,00 L-UA r M . (III,, - Q I ,--V �k mi 0 -4 dc� 1A I C7, -711-04U-L Jmcu lav--4-ddc 10 awL --- --- - - -- I I -.-- ---I.— � I -�, OL- - - - I- � -1 -�O- - - -- hap, /0 kAl ------- - - - - - . . . . . WAMW Itlyw4" WO I rila W*7271'107 PAGE -11 - G. Council Member moved to make an official offer, including purchase price,, in the amount of for the Mason I prope - r ty tha . t - the Ci I ty I n - e I eds to ac I q uire - CO Attorney -ExWW 7); semnded-by Cound -Member._ Cn�j --VOTE---- YEA__N"_AWTAWABSBff RI-R-K __CRANDLER. MAAMAM W41WRD WLUMS DEM.EDI C� S-q5ac (91110 -0, . 7 "j P� Qp C� o ("ncjl'� (cud ph TCJ�CL �Vlt Cue- - N-11 pa�_t__ vi IQLAW(L]'"t-�-- --- �L QLA /L- k.- _Ak �GLV f MA 21 ODCla C-e IkA- Lva act 71�1 Lo )2)4 -ILL rd jda�z' ko� PAGE -14- J. Council Member moved to reappoint Jainie Gamiotea and Frank Irby as Regular Memb6is to the Code Enforcement 86aid'ibr a -three year term beginnin May 1, 2003 and -ending APOIA-2000-City-Clerk(Exh! -9);.-Smnded-by.Coino']..--M.em.,t SENT -VOTE YFX.m&YAI3S7AIN1._jAj3A RiRK CHANDLER WATFORD DENIED MOTION 4rRRIED K. Council Member moved to reappoint Dawn Hoover, Thomas Keller, and William Ladford 2r. R - bars tG #* Planning BoaFd of A4uslinents-and-Design Board for a three year term beginning May 1, 2003 and ending April 30, 2006 - City Cle* (Exhibit 40Y Seconded by-Councit Men ibe, --VOTE --YEA7 _IW_ ABSTAIN A611SENT MARKHAM V WATFGRU - - WILLIAMS - ------ wN nchmr-n AFFIDAVIT OF PUbLISHER OKEECHOBEE THAES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared JW Owens who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a P1 IRI IC NQTICP 1 2C) a] ')Uo-) in the matter of CITY COt INCIL MUTING NQTICF CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974-2932 941-763-3372 In the Court, was published in said newspaper in the issues of 0.341.3_/2003 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. J. W. Owens, (Nublisher) Sworn to and subscribed before me this- ay of A.D. 2003 (SEAL) Notary Public 4'p�IZY P&6 OFRCIAL NOTARY SF _AL 0 ROSEALEE A BRENNAN CC 940770 COMMISSION NUMBER OF PY My COMMISSION EXPIRES JUNE 25,2004 CITY OF OKEECHOBEE MARCH 18, 2003 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 1. CALL TO ORDER - Mayor: March 18, 2003, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Eddie Lamb. Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Adriana Berry 0 IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim March 22, 2003 as "Angelo Masi Day". B. Proclaim the month of March, 2003 as "American Red Cross Month". V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 4, 2003 Regular Meeting. I MARCH 18, 2003 - CITY COUNCIL AGENDA - PAGE 2 OF4 VI. WARRANT REGISTER - City Administrator A. Motion to approve the February, 2003 Warrant Register. General Fund $326,660.36 Public Facility Improvement Fund $25,067.34 Capital Projects Fund (Building)) $90,124.30 Capital Projects Fund (Vehicles) $446,640.00 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1.a) Motion to read by title only proposed Ordinance No. 817 regarding Alley Closing Application No. 67 submitted by Okeechobee Commons, Too - City Attorney (Exhibit 1). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 817 by title only. 2.a) Motion to adopt Ordinance No. 817. b) Public Comments. C) Vote on motion. B. 1.a) Motion to read by title only proposed Ordinance No. 820 amending Section 681 of the Land Development Regulations (LDR's) pertaining to Temporary Structure and Temporary Off -Premises Sales - City Attorney (Exhibit 2). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 820 by title only. MARCH 18 2003 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VIII. PUBLIC HEARING FOR ORDINANCE CONTINUED- Mayor. B.2.a) Motion to adopt Ordinance No. 820. b) Public Comments. C) Vote on motion. CLOSE PUBLIC HEARING. 0 IX. NEW BUSINESS. A. 1.a) Motion to read by title only and set April 15, 2003 as a public hearing date for proposed Ordinance No. 821 regarding Alley Closing Application No. 68 submitted by Steve and Mary Porter - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set public hearing date. C) City Attorney to read proposed Ordinance No. 821 by title only. 2.a) Motion to approve the first reading of Ordinance No. 82 1. b) Discussion. C) Vote on motion. B. Motion to award a bid related to the Ninth Street Project for the Industrial Park - Gene Schriner, CAS. C. Discussion regarding Industrial Park Engineering Fees - Gene Schriner, CAS. D. Motion to approve a Lease Agreement With Option to Purchase for the sale of land to Tim Gates - City Attorney (Exhibit 4). E. Discussion pertaining to a request made by First Baptist Church to consider the installation of a pedestrian crosswalk at the corner of Southwest Fifth Avenue and Southwest Fourth Street - City Administrator (Exhibit 5). � MARCH 18, 2003 - CITY COUNCIL AGENDA - PAGE 4 OF 4 IX. NEW BUSINESS CONTINUED. F. Discussion regarding an Interlocal Agreement between the City and the County pertaining to the Courthouse project - City Attorney (Exhibit 6). G. Motion to make an official offer, including purchase price, for the Mason property that the City needs to acquire - City Attorney (Exhibit 7). H. Discussion regarding charging the Chamber of Commerce for electricity for usage in the Parks - Councilman Markham (Exhibit 8). I. Request for consideration of a twenty percent parking requirement reduction - Robert Willson. J. Motion to reappoint Jamie Gamiotea and Frank Irby as Regular Members to the Code Enforcement Board for a three year term beginning May 1, 2003 and ending April 30, 2006 - City Clerk (Exhibit 9). K. Motion to reappoint Dawn Hoover, Thomas Keller and William Ledferd as Regular Members to the Planning Board, Board of Adjustments and Design Review Board for a three year term beginning May 1, 2003 and ending April 30, 2006 - City Clerk (Exhibit 10). Motion to appoint Bettye Taylor as a Trustee to the Police Pension Board for a term beginning October 31, 2002 and ending September 30, 2003 - Chief Davis (Exhibit 11). 40 X. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such Interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK (863) 763-3372 EXT 215 FACSIMILE TRANSMITTAL SHEET To: FRom; Jim LaRue, City Planning Consultant Lane Gamiotea, City Clerk FAX NUMBER: DATE: S dial March 11, 2003 COMPANY: TOTAL NO. OF PAGES INCLUbING COVER: LaRue Planning & Management 2 PHONE NUMIER: RE: speed dial 516 City/County Interlocal - URGENT X FOR REVIEW- PLEASE COMMENT- PLEASE REPLY- PLEASE RECYCLE NOTES/COMMENTS: I thought a copy of the March 4 minutes regarding the parking agreement might be of assistance to you. Just a reminder, tomorrow at 12:00 noon is the deadline to forward items to Robin for the agenda, if you we not going to be able to make that deadline, please let her know (rbrock@cityofokeechobee.com Thanks! of the Mayor Okeechobee, Florid' plo Masi has been in ministry for over thirty-four year's an ERW.,, *1 Ang Servirig Okeechobee, Florida for over twenty years; and Ahgelo has shared the Gospel in his Homeless Ministry, his Detention'do, il Ministry, his Hospital and Nursing Home Ministry, his Street Ministry andip6h six weeks each year on mission trips across America and around the wddd,.d, -,�"WHERW, heis, a noted figure walking the streets of our city, recognized by church I and political leaders of our community as a tireless public servant,anol. contribution to the Christian community. 'or, f t NOW iWERNOORE, 1, James E. Kirk, by virtue of the authority vested in me as.m6y� 6 ida, do hereby proclaim March 22,2003 as "A Mail City of Okeechobee, Flori nto set my. In wIltness whereof I have 1116-felU hand an thIs idall. to.bec.oxed..".1, ftlk W4 Attest: Lan lotea, Date: Marc I MAI -.ov--W 310 Age% Office of the Mayor Okeechobee, Florida S. for more than one hundred twenty years, the American RedCross missi help people prepare for emergencies. Lost year, more thdnI,i2-.riI.j'j heroes helped their neighbors prevent, prepare for and res on"? , eirgencies by volunteering for their local Red Cross Chapter, and almost more took the time to learn lifesaving skills, such as first aid and CPR4"'i' -'.�add!06nal 4.2 million people gave blood, the giftof life, through the American'.- sf� Cro and W HEREAS,. te�'Pdlm,Beach County Chapter has a distinguished history of provi i esd4nIg services and programs to our community. Building on that tradition�-.Wwo sing on building partnerships, increasing safety and disaster preparedheS9. are fo-cu eduCaflon and enhancing our response capabilities; and 0.we move forward with the important work of the American Red.Cros.s nd we celebrate March 2003 as American Red Cross Month, we ask- that �as� become partners in preparedness with the Palm Beach County Redtros.s.ond,,TQ !60me- together. 1, James E. Kirk, by virtue of the authority vested in me as MayoioUthe 3 �0`% ,..City,pf Okeechobee, Florida, do hereby proclaim the month of March.200 a Ainiodcan Red Cross Month." In witness whereof I have here S hand qn "ca ed this seal f Aftest:JOA - 1 'k L� bi IRA -Lane' EXHIBIT 1 — MARCH 18 AGENDA ORDINANCE NO. 817 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAYS LOCATED IN BLOCK 20, CITY OF OWECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOfOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITY PUjtPOSES; RETAINING A RIGHT OF REVISION; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Okeechobee Too, Ltd., for the closing of certain alleys as described in this ordinance to facilitate a safe and amendable housing development for the elderly and handicapped; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a disdretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section One. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 15 foot wide alley in Block 20, City of OKEECHOBEE, according to the Plat thereof recorded in Plat Book I Page 10, and Plat Book 5, Page 5, Public Records of Okeechobee County, Florida; more particularly described as that alley running East to West between Lots I to 13 and 14 to 26 of said Block 20. Section Two. The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement being 15 feet by 25 feet for public utility purposes at the West end of the alley located in said Block 20. Section Three. In the event that the said corporation fails to obtain within twenty-four months hereof a certificate of occupancy for the housing development for the elderly and handicapped, then said alley shall be declared open and the provisions of this ordinance declared null and void. Page 1 of 2 Section Four. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Five. This ordinance shall be set for final public hearing the 18" day of March, 2003, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 118' day of Februa!y, 2003. ATTEST: Lane Garniotea, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this I Sth day of March, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor MEMORANDUM To: Mayor and Council Members From: Lane Gamiotea, City Clerk it Subject: Alley Closing Application No. 67, Block 20 Date: March 12, 2003 This is the final public hearing regarding Alley Closing Application No. 67. The applicant is requesting to close the East to West alley in Block 20, City of Okeechobee. This is the second phase to Okeechobee Commons, a development for the elderly and disabled. The ordinance retains a small easement on the West end of the alley as requested by the Okeechobee Utility Authority. They have paid all fees. The ordinance was advertised in the Okeechobee News on March 7. Twelve certified letters were mailed to surrounding property owners. No comments or objections have been filed with my office to date. Thank You. The Okeechobee News' P.O. Box 639, Okeechobee, Florida (863) 763-3134 Publisheld Daily tl_� STATE OF FLORIDA COUNTY OF OKEECHOBEE .... I Before the undersigned authority pe Wly Judy Kasten, who on oath says she is Publisher of tthl 0 News, a DAILY Newspaper published at Okee Okeechobee County, Florida; that the attached copy of ment,'being a - — M L", I XW1 in the matter of IIAR 17"77i! PNA.* TA' yoot> el�_r in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swo6t and subscigied before me this day of 77j_N\W_r_k A.D. 20 /I 2003 let' ADOFnNo thb. C01 Okeechobee ,�, jfi:r,_� lay, March or a. at t _ iiki-111ii.: i o cc )Ilowl , Ordinance',',`�, I-'AN1h0INMCE,' NQANDABAN�' AR 0111 FLURILIA' rhUVIUIF: rUn F41 R rhis Ordinance is in faVe, CCIV$PV1168110" 0. .'So by, klechobe q L a request Is to'cl a t West alley located In Block 20 C of Okeechobee. Whick-1111 crled between Northwest 11th and 12th.Strrts; and.3rd and,00,4i AN members of the public are encour- a to attend and participate, In., said heaft. The proposed Ord-� nance may beinspected in its on - 'rely b� members of the public In the off ce of the City Clerk dbdng regular business hours, Monday - , Friday, 8:00 a.m. - 4:30 p.m., ex-': cept for holidays. PLEASE TAKE'NOTICE AND,BE'AD VISED that if any person 8sireS appeal any"4ectsion made by, the. Gay Council with-resgact to any,-,,�_ it mader. considered � at Is hearing such interested person Will need record of the,procL%dIn s, and for such purpose n 39 07 nee to ensure r a verbatim recor of the omcee&�', Ifigs Is made, which. record in- cludes the testimony,,,arid ev(dehcd upon,whIch the apopCIS"to be based. City Clerk talibs'are for the sole purpose of backup for offjqW_ recoMs of the qpdL In' acc , or ! On r ce I wit , h , Ahe . A Merlians,� with Disatill Act �ADA) and Flor`14, da%Statutesq862 peribris,W101",`:� disabififies needl�l ipeew accorn-" mDdabon.to partic pate ht,this pro� X, gor 1611d I 9,�. nn g I qP � � - I - I - —.,'A AL.^ I 4:� 11 "6 1 Notary �ubl ic, State of Flo,'& Mf L" !Wrmen it. Brown atge ',X - s,;i. (:Ommisslon # CC 902300 IW566-171N 3171113 11,xpires Jan. 17, 2004 Bonded Thrit Atlatitin Bondin7, ExHIBIT 2 — MARCH 18 AGENDA ORDINANCE NO. 820 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS; SECTION 680 THEREOF DEALING WITH TEMPORARY STRUCTURES; R8QUIRING UNIFIED REGULATIONS FOR OTHER TEMPORARY STRUCTURES AND TEMPORARY OFF -PREMISES SALES IN SECTIONS 681(4XS) THEREOF; PROVIDING FOR ADDITIONAL USE OR FUNCTIONS FOR NON-PROFIT FUND RAISING ACTIVITIES; PROVIDING FOR EFFECTIVE DATE. WHEREAS the land development regulations for the City of Okeechobee, Florida, provide for regulation and requirements for temporary structures and temporary off - promises sales in section 681(4) and section 681(5), which sections are not unilbrm; and WHEREAS it is desirable for the City, to promote interests of uniformity for these sections, and to permit the use of a single application form and procedure for such applications by city staff within the city; and WHEREAS it has become necessary to provide for additional off -premises activities in these sections to include fund raising type activities not traditionally found in off - premises sales activities; and THEREFORE, be it ordained and adopted by the City of Okeechobee, Florida, that the following amendments to Section 680, Land Development Regulations: THAT Section 681, (4) and (5) are amended to read: 681 TEMPORARY STRUCTURES BY TEMPORARY PERMIT The following temporary structures may be permitted upon the issuance of a temporary permit, subject where applicable to add0fienal restr6eMns and its as set forth On 6hepter 10, Seetion 10.77, Gede of Ordinanees, a, id 1�111%_1109 of the City Lieenses and Business Regulations all requirements of the City Licenses and Business R@gulations. which shall include in each instance proof of insurance coverage for the use permitted by the City in such amount as required by these regulations. 4 Other Temporary Structures Other temporary structures subject to the following regulations: a Christmas tree, fireworks and similar seasonal sales operated by a non-profit organization. b Carnival, circus, fair or other special event operated by a non-profit organization on or abutting their principal use. c Commercial carnival, circus or fair in commercial or industrial districts. d Similar temporary structures where the period of use will not exceed 30 days a year. Language to be added is underline Language to be deleted is struelt kh ough Highlighted area indicates revised language as Council requested Page I of 3 e Submit Proof of liabilily insurance, paid in full coverim the Deriod for which the permit is issued. in the minimum amount of $1,000.000.00 per occurrence. f Remove all debris within 48 hours of expiration of r)ermit. 9 Have notarized written Permission of "o eq own r, if applicant is not the prope Y owner. 5 Temporary Off -Premises Sales, Tent Sales, Outdoor Auctions.- Fund raising Events Temporary off premises sales, tent sales.,. and outdoor auctions and certain fundraising events maybepermitted for non-piefit organizati—ens in commercial and industrial districts, subject to the following regulations; such applicant shall: a Have written permission of the property owner. b Not erect the structure for more than 15 days a year. C Meet all required setbacks and off-street parking Regulations of the district in which the structure is located, and all required sign Regulations. d Remove all debris within 48 hours of expiration of the permit. e Submit proof of liability insurance, paid in full covering the period for which the permit is issued, in the minimum amount of $1,000,0oo.00 per occurrence. f Events desioned forpu!:poses,,of fundraising by a rehaious, veterans, civic or charitable organization or school district, such as but not limited to car washes, candy or bake sales, or the like. which,typically do not erect or use a temparary structure, shall not be subiect to the reguirements of sections (a-e) herein; however, the City reserves the right to iLlLspect and or direct the manner of such event so as to protect pedestrian and motor vehicle flow and traffic in the immediatgjjgi� 9 All fund[gi§�vities where it is conl@Mplated that the partigipants would be within a street dght-of-wa or intersectinn f- —. - c)t drive" or similar activitv where money is collected from Dassin-cLmotorists..,shall obtain a permit .under the conditions of Section 681 ff), Land DevelODment Re.gulations. SECTION 2. CONFUCT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEvERABILITy If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Language to be added is underfine Language to be deleted is struelt thr Highlighted area indicates revised language as Council requested Page 2 of 3 SECTION 5. EFFEcTivE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 0 of March, 2003. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 18' day of March, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underline Language to be deleted is struelt thfoug?v Highlighted area indicates revised language as Council requested Page 3 of 3 2003 - Land 3 of 4 IV. NEW BUSINESS CONTINUED. B. Comprehensive Plan, Future Land Use Map Amendment Application No. 03 -003 - Agency Member Ledferd moved to recommend to the City Council to grant approval for SSA continued. ApplicationNo. 03-003-SSA, to changethe land usedesignation from Multi Familyto Commercial located within the 200 Block of N.W. ThStreet; Agency Member Keller seconded the motion. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend Section 681 Temporary Structures specifically relating to Other Temporary Structures and Temporary Off -Premises Sales, Tent Sales and Outdoor Auctions. VOTE HOOVER - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. Attorney Cook explained that the intent of the amendment was to combine two different sections within the LDR's pertaining to Section 681 (4) and (5). He ftuther explained -that the some of the temporary use applications require insurance that was not initially required. Also to be incorporated is fundrasing for non-profit organizations. He explained that not all fi'mdrasing requests include yard sales and bake sales. Attorney Cook noted that by amending this section it will limit the types of fundraising that can be done, for example collecting donations such as a boot drive in the main intersection. He added that the Sheriffs Office is currently working in connection with the City Police Department on a proposal to ban all activities in the main intersection for safety reasons. Attorney Cook indicated that he was not comfortable with the current wording, but feels it clearly states the intent of the changes. He will redo the wording prior to the City Council meeting. There was no public comment. There was no discussion from the Agency. Agency Member Hoover moved to recommend to the City Council to grant approval of Land Development Regulations amendment to Section 681 (4) and (5). Agency Member Keller seconded the motion. 25.2003 - Land - Paze 4 of 4 IV. NEW BUSINESS CONTINUED. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's) continued. V. ADJOURNMENT - CHAIRPERSON. VOTE HooVER-YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning There being no further items on the agenda. Chairman Walker adjourned the meeting at 7: 15 p.m. Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings ' and for such purpose may need to ensure a verbatim record ofthe proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. III Jerry Walker, Chairperson ATTEST: Carolyn Arnold, Secretary The Okeechobee News P.O. Box 639, Okeechobe�e, Florida,> (863) 763-3134 Published Daily RICEIVE0 -ePUBLIC NOTICE'rill1v C� 0" CONSIDEMMOD OA A CM111 IN - W T �I( , EA6*E1ftj6 �_Ciq�l a I the City of �Okedi F Fl c l 11 onJuiiida97 2 at, P.M., or as soon th s as bi I., In-, RR .y STATE OF FLORIDA MAR conduct. PVBY HEARING -on c n u c L COUNTY OF OKEECHOBEE 46 t and trit r to consider'llnil 3 rea Q f_ Ordinance me no e Before the undersigned authority Ily appeared Ily ap Int 1'A1n8RDU1ANCE,,-1, . Int - I 4j a I Y OKEECH EE M '0 E r Mi AME ENIMAG MIIACj OR Judy Kasten, who on oath says she is' Publisher hobee U LAWDEVELOPMENT 10 R ' SECTION." 680 1ION News, a DAILY Newspaper published at c e, in OF DEAIING WfTfflH TEMPO-. Okeechobee County, Florida; that the attached cop s Y E OUIRING TRUC C STRUCTURE REQUIRI L NIFIED REOU AAONS -�4011` ment, being a OTHER TEMPORARY'. STRUC.,-;_1, TURES AWTEMPORAR OFF.P- REMISES SALES, IN -SECTIONS d THEREOF; PROVIDING 681(4)p FUNC- FOR A 17IONAIL USE OR TIONS FOR NON-PROFIT � FUND" PkIS�RqAqTIVITIES�PROVIDING in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one, year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in This Ordinance pertains to amend-' Ing the LDR's Section 861 Tempo. rary Structures bj Temporary 'Permit- Paragraph 6.4adding, for the proof of liability Insurance paid In full covering the period foi which the permit Is Issuid, In the - minimum ' amount . , ' I of $1,000,000.00 occurrence removal of all s within ii'_ hours of expiration of permit, have written permission of proow erly owner, It aptilcant )a not the roperly owner. Paragraph "a. 5 m I emporary Off -Prom a, Tent - Sales,; Outdoor Auctloss, Fundraliting -Events,. tryiLdl evonts designs lou, lot t 1 fundralsing, a 31 as,Zl 4 Red to:"boot d"W,, 911W metht ods, ofriFellpt of to opiAnk bombers bf the public ore a Ag to. attend and,'Pp Ac' �;sav hooring., The. orood nance , may ". l4pic Og a, c Ternbe of 1h the ce-ofbo, , P � a ularbusInqas:,t,�oj 'thlqb n c '00 im",�;!'41 -F day;1: �ept fpo 10 a PLEASE TAKVNNOCF� VISED that �-an verson,,de rest 'I con me b :a peal any docisr 0 �C%l CounclVwIth.res �mafter considered at Is headng,-,� such Interested person will,nood a ord'of the proceedings,160d for '7", suc pu Ogg m ttn,eea to Usu ;R r, ttWpro 0 rn recor of " ce d N Jngs Is made which record;ln- the said newspaper. i� So- W �*u �;Is ;R IMU li:ia.* a Q PAZ., records of the,C[erIL,,,,,:, I A— ZI-Z 'In, accordance w a iniridans with Di 11' eDA) cl� da to 86.2 Swokh—t9l nd subscr( �ed before me this —7 pe n dI I edin I s a s C a mod on to parUcp: In this pro. ceedi 0 should contacti-6o Gaml-,:,.,'�" dav of A.D. 20 ',otea no later than five (5) WorkI do s dor, to the proceeding 093) 63-3372, , e onslon 215, If �headn orvoicelmool, fbD 863� 7777 I �call I Notary kblic, State of Florika%�;'F�oe Karmen R. B r oj,, or or or a Relay ,ervcel-800 65-97 7 C 0 M, IM I S S i 0 n # C C 9'.) Lane Gamlotea, City Clark L,xf)ires Jazi. 17, 2004 360570-ON 317103 Bonded lln,u ExHIBIT 3 - MARCH 18 AGENDA ORDINANCE NO. 821 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAYS LOCATED IN BLOCK 34, FIRST ADDITION TO 3OUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN EASEMENT THEREON AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section Op The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 16 foot wide alley in Block 34, First Addition to South Okeechobee, according to the Plat thereof recorded in Plat Book 1 Page 17, Public Records of Okeechobee County, Florida; more particularly described as that alley running North to South between Lots I to 12 of said Block 34. Section Two. The City reserves unto itself, successors or assigns, a utility or drainage easement along the alley, North to South between Lots 1 to 12 of said Block 34. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Fou This ordinance shall be set for final public hearing the 15 rd day of April, 2003, and shall take effect immediately upon its adoption. Page 1 of 2 INTRODUCED for first reading and set for final public hearing this 18" day of March. 2003. James E. Kirk, Mayor ATTEST: Lane Garniotea, City Clerk PASSED and ADOPTED on second and final public hearing thisjj� day ofA _rII, 2003. p_ ATTEST: Lane Garylotea, City Clerk REVIEW13D FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor CITY OF OKEECHOBEEf STREET OR ALLEY CLOSING APPLICATION SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: -7� e Firegoing Instrument was acknowled ed eforemethis )1)(,Q by r Te'tort)'OL Trxk".vStWbfn Pprtpr and J.QrLk-j4Ls)016L70wA-cvera who is personallyknown tomeor (applicant) '(CC-2ppllC2nt) who produced Fl— 1� ( al vs L I P'evv P. - as identification and who did (did not) take oath. L�� Notary Public, Commission No.0215q'?D (signature) U Adti'OLACL e5errk4 _(Name of Notary typed, printed or stamped) -i ------------ �7-:E 22 / - -,?- -Zz� A�Worlzed Signature Typed Name & Title Phone No. Date 32 Authorized Slgna�ge Typed Name & Triffe Phone No. Date IV- 4JAZ" 0 eA er-l"t -JA --Cf-cc, Din '74 3- T'-[6 2-4-0-1 Authorized Signatur"e Typed Name & Yltle Phone No. Date B ulred Onl F C' f Okeechobee & First Addition to City of Okeechobee Subdivisions: M4& WIt -VA/ e A-- —r4 Z) 7' A-1 /PJ4-fL--7— /M 7Wf— 7'0z�jle�e 6 A�,(, 7- oq.Uj AV- e- ell A Ke I t# & -74 -N AZ fs43 7 4 � '31 V,� .2 - 4 - 0-3 Authorized Signature Typed Name & Tide Phone No. Date Revind 5MI199 Page 3 —W, —0 -0 - -yn Authorized Signature Date Dmnie Robertson, Public Works Director Typed Name & Title . 40 ( W 175 AEdorizod Signature Date Osc� Bmmxlez, City Fngineer Typed Name & Title No objections or comments. -Z -c,?x - c> 3 Authorized Signature Date Denny Davis, Police Chief Typed Name & Title Keith Taney, Fire Chief Typed Name & Title objections or —comments. -:�- - Authorized Signature Date BM Veach, City Mdnistrator Typed Name & Title APPLICATION APPROVED BY: Ar, RONNIE 0 TAGAAAS, CITY CLERK DATE Lane Gamiates, Iftwl Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: February 26, 2003 Re: Alley - Closing application from Mary A- and Stephen G. Porter The Engineering Department has visited the site and found that drainage problems eidst near the subject alley. We should be aware of the critical drainage problems within the City of Okeechobee especially on S. Parrott Ave and for that reason the Engineering Office DOES NOT recommend approving the request for the Alley Closing. It is the Engineering Department's opinion that the City should be very cautious before abandoning any street right-of-ways or alleys. ME omm SIM 'N aw mom NFU ;.MTN 1P "wo :i y Nano *Awn w,a K-mom MIRww;m Oman Wawa lapel swum ow d WA KM wu ow am mm wiw mumn wo WEI m= OW-1 SM mri ow'A 11111.1lawl KMJ mm loin w-m wm. WIN am mm MUA,h-* mum mcm.m. 11111111MI1111110 Imm lwm, 'Win ORM, am Ism sm loll., am win wm mm WIN Awn W-M RIM W-10 lam mm WWII man raw aim 3or W.X mu UM a" 'Immm"mmlllllllll mom= -A6J!F-. mum W-111110 IKM 7 B-41 imm am low NKU w-m m m MIN W�� 03/18/2003 14:43 8639835019 �' RICKREDISH RICKY R, REDJSR INSURANCE AGENCY 306 BOND ST., CLEWISTON, FL 33440 to! FAX TO: LOWRY MARKIRAM Phone: Fax phone: $63-763-3641 CC: Date: 3-18-03 ADDITIONAL ITEM ADDED To EXHIBIT 3 MARCH 18 AGENDA Number of pages including cover sheet: From: RICKY R. REDISH Phone, 863-983-3133 REMARKS: Urgent Ej For Your review El Reply ASAP El Plesse comment RE LOTS 3 AND 4 BLOCK 34, OKEECHOBEE, FL LOWRY, 1 WOULD FOR THE CITY OF OKEECHOBEE TO RESCIND MY ORIGINAL REQUEST To CLOSE PROBLEMS THIS WOULD CAUSE ME AS A PROPERTY OWNER TURF THE ALLEY BERND THE A13OVE PROPERTY. I WAS NOT FULLY AWARE OF TIM FU WHEN I FIRST SIGN-ED THE REQUEST. PLEASE LEAVE THE ALLEY OPEN FOR FUTURE USE, THANK YOU, RIC REDISH ,rq-1 EXHIBIT 4 — MARCH 18 AGENDA LEASE AGREEMENT WITH OPTION TO PURCHASE TFUS AGREEMENT entered into this _ day ofMarch 2003, by and between CITY OF OKEECHOBEE, FLORIDA, (hereinafter "City") and SHEFFIELD ENVIRONMENTAL SERVICES, INC. (hereinafter "Sheffield)"). WITNESSETH: That in consideration ofthe covenants herein contained on the part of Sheffield to be kept and performed, the City does hereby lease to Sheffield the industrial park property located in Okeechobee County, Florida, and more particularly identified as: Real property described as: The portion subject to this agreement is an approximately 54-acre parcel, more or less, located within the City's Industrial Park. TERMS AND CONDITIONS PRIOR AGREEMENTS INCORPORATED: The parties hereto have entered into a series of prior agreements and understandings in relation to the described real property and project goals, each of which when construed together form the total agreement of the parties at this time, which will now include this lease agreement. The fbilowing are the prior agreements, and documents, each of which, its terms, conditions, agreements and understandings are incorporated herein by reference as if fiffly set out herein: a. November 2000 "Interim Agreement" b. December 2000 "Option Contract" C. 2001 "Participating Party Agreement" d. All relevant CDBG, EDA, Transportation Fund Grant documents, and written cominitments by Sheffield, which provide state and federal grant funding for the described industrial park project. TERM: The term hereof shall commence on the I st day of April 2003, and continue monthly for a period of three (3) months; if Sheffield does not exercise the option to purchase on or before July 1, 2003, this agreement is terminated without further obligation to the other. RENT: Rent shall be the total sum of $10.00 per month, payable in advance, on or before the I st day of each month, commencing on the I' day ofApril 2003 payable at: 55 SE 3' Avenue, Okeechobee, Florida, or at such other place as may be designated by the City from time to time. CONDITION OF PRENUSES AND REPAIR: Sheffield hereby accepts the premises in the condition that they are in at the beginning of this Lease and agrees to commence and perform certain improvements, which shall commence on or before May 1, 2003, to -wit: Sheffield shall submit plans, obtain permits, and erect a yet to be determined structure, in the nature of an initial storage facility for use in the overall industrial park project at the described site. The City agrees that the site must be suitable for Sheffield's purposes. Page I of 5 FUNDING: The City will fund the initial construction costs for the structure, up to a maximum of $30,000.00, which fund shall be repaid to City by Sheffield without further demand or presentment, plus interest from date of payment by City at the rate of 9% per annum, on or before July 1, 2003, regardless of whether the project continues further. Sheffield may further improve the site as necessary, so long as approval and any required permits are obtained through the appropriate local, state or federal agency. Sheffield win, if the option is not exercised at the end of this Lease, surrender and deliver up the premises, without demand, in as good order and condition as when entered upon, and without further claim, demand, suit, of any nature that may have arisen between these parties in this agreement, or in any prior agreement, contract or understanding of the parties. INSURANCE: Sheffield will obtain a policy ofgeneral liability and casualty loss in the minimum surn of one million dollars ($1,000,000.00); and further is liable for any and all claim, action, suit or other demand for personal injury, property or casualty loss which may occur on the premises, due to the negligence of Sheffield or any guest of Sheffield, and shall hold City harmless therefrom. City will be named as additional insured under such policy against liability and casualty insurance to ffirther protect itself against such claim or injury. TAXES & ASSESSMENTS: No such charges are anticipated during the term ofthis agreement, but will be addressed in future agreements of the parties, in the event the option to purchase is exercised hereunder. UTILITIE. Sheffield shall be responsible for the payment of all utilities used on or at said premises. Sheffield shall be responsible for the payment of all other services, including, but not limited to, electricity, waste disposal, and gas used on said premises, and shall not permit any liens or assessments to be placed against the property by state, local or federal government. SHEFFIELD'S PROPERTY: Sheffield assumes all responsibility for theft or damage to all personal property of Sheffield or its guests stored or used on premises. DEFAULT: If Sheffield shall fail to pay rent when due, or perform any term hereof, after not less than ten (10) days, written notice of such default given in the manner required by law, the City, at its option, may terminate all rights ofSheffield hereunder, including retaining any advance deposits, rents and payments made under an option to purchase, unless Sheffield, within three days of said written notice, shall cure such default. ATTORNEY'S FEES: If it becomes necessary for either party to obtain the services of an attorney to enforce the provisions herein or relating to the premises, the prevailing party shall be entitled to collect reasonable attorneys fees and all costs incurred, including all appeals, from the other party. NOTICES: Any notice which either party may or is required to give, may be given by mailing the same by certified mail, postage prepaid, to Sheffield at the premises or to the City at the address where the monthly payments of rent are made. SEVERABILIT : If any part of this Lease Agreement shall be construed to be unenforceable, the remaining parts shall remain in fiffl force and effect as though any unenforceable part were not written into this Lease Agreement. OPTION AND TERMS: The parties recognize that the prior option contract of the parties of December 2000 has expired effective October 1, 2001. However, for the mutual considerations herein, the parties extend such right of option to purchase to July 1, 2003. Therefore, Sheffield may, within the term ofthis agreement, but on or before July 1, 2003, exercise the option to purchase this property and all improvements thereon for the price set forth in exhibit "B" attached hereto. Page 2 of 5 The notice shall be in writing and delivered to City by US Mail or hand delivery. It is the parties express intent and understanding that when all prior agreements are construed together, it is agreed that Sheffield has not, since the inception ofthe original interim agreement, been able to perform and comply with the timelines required of the agreements, or to obtain necessary financing for its participation in this project; therefore, this lease option constitutes that last available agreement between the parties to salvage any participation by Sheffield in the industrial park project of the City of Okeechobee; from and after July 1, 2003, if Sheffield has not exercised this option and exhibited an ability to comply with all prior agreements and grant fund requirements, that all further participation by Sheffield in this project shall cease, without the creation of a newly negotiated contract. All closing costs in the transfer of the real property at the time of closing shall be divided as follows: (check as appropriate) TO City (SELLER): doc. stamps on warranty deed of transfer cost of recording deed title insurance intangible tax on mortgage note doc. stamps on mortgage costs of recording mortgage attorneys fees TO Sheffield (BUYER): doc. stamps on warranty deed of transfer cost of recording deed title insurance — intangible tax on mortgage note doc. stamps on mortgage cost of recording mortgage — attorneys fees In the event Sheffield does not exercise this option as provided herein, or Sheffield fails to comply with this lease agreement, or any prior agreement of the parties, then the City shall retain all payments made hereunder, including all rent and improvements or their value, with no credit to or for SheffieVs benefit. TERMINOLOGY: Whenever used herein, the terms "City" and "Sheffield" shall be construed in the singular or plural as the context may require or admit. APPLICABLE LAW: This Lease Agreement is to be construed according to the laws of the State of Florida, venue being Okeechobee County, Florida. CAPTIONS: Captions and headings in this Lease Agreement are for convenience only and shall not be relied upon in construing the meaning of this Lease Agreement or any of its provisions. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Page 3 of 5 TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, either as additional terms and conditions or alterations to existing terms and conditions, shall control all printed provisions in conflict with them. ENTIRE &GREEMENT: The foregoing constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. RECORDING DOCUMENT: This agreement may be recorded in the public records, Okeechobee, Florida, by purchaser, if such is necessary for purposes of the property appraiser in determining real property tax rate. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. Witnesses as to City: Witnesses as to Sheffield: STATE OF FLORIDA COUNTY OF OKEECHOBEE Before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ' to me personally known or identified to me by the following form of identification: , known to me to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. Witness my hand and official seal in the County and State last aforesaid this day of March 2003. NOTARY PUBLIC Page 4 of 5 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared tome personally known or identified to me by the following form of identification: , known to me to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. Witness my hand and official seal in the County and State last aforesaid this day of March 2003. NOTARY PUBLIC Page 5 of 5 EXHIBIT 5 - MARCH 18 AGENDA 0 First ist chwl"0 Okeechobee VW44at February 10, 2003 401 S. W. Fourth Street Okeechobee, FL 34974 (863) 763-2171 Fax (863) 763-8Q04 e-mail: fbcokeegonearrow.net Mr. Bill Veach, City Administrator City of Okeechobee 55 S. E. Third Avenue Okeechobee,FL 34974 Dear Mr. Veach, Randy Huckabee, Th.D., Pastor/Teacher James Garner Pastor of Discipleship & Sr. Adults David Harris Pastor of Worship Sam Vuleta Pastor of Students & Education I would like for the city to consider the installation of a flashing yellow light and crosswalk on the comer of Fifth Ave and Fourth Street. Each Wednesday, we have approximately 40 - 60 people who walk from the Recreation Building to our main campus. Sometimes traffic is traveling in excess of 35 miles per hour as I have personally noted. Due to the setting of the sun, darkness also makes it a hazard for crossing as well as the cars. On Sundays, we have children and adults who cross in the mornings but especially between the hours of 4:30 and 6:45 PM on Sundays from the Recreation Building to the main campus. A light/sign and cross walk would raise the awareness of pedestrian traffic on this busy street. There have been a couple of incidents where pedestrians could have been hit if they had not been extra careful. I would appreciate any assistance and insight to this dilemma. Again, thank you for your time and consideration. If you need further information, please feel free to contact me at 763-2171. Signal Group Inc. wwwSignalGroupinc,com March 10, 2003 Donnie Robertson C1tV of Okeechobee SS SW 3rd Avenue Okeechobee,, R. 34974 Ph, (863) 763-3923 Fax: (063) 763-1686 VIA FACSIMILE RE: SW Sth Avenue Subject: PedesbUn Crossing Dear W. Robertson, 33 Commerce Way - Jupiter, FL 33458 (561) 744-3206 Fax: (561) 744-3207 Please find attached our proposal for two dlffemt Pedestrian Crossing Systems at the above referenced pro*d. Our proposal Includes all material, labor, and equipment necessary. Please note that nether system is FDOT approved but both have been used f;Dr this application. Should you have any questions or need any further InformatIon, please do not hesltate to contact me. Sincerely, ?""I Group, 2 C.Tndso Estimating Attachment: (1) W/W TO 39Vd IDS ZOZEOOZT99 89:60 COOZ/TT/60 The Signal Group Podamblon CrooWng * SW Sth Ave. Qmcft Shoot 33 Cammm Way Oty of Okeechobee 1 Jupiter, FL 334S$ REF * 03022401 3/10/03 4:41 PM ammm DERMFFUR am QW UMT UwTmcF MCE f- 653-IOD-A P;M'*Gn ggnMS (MI) (Tn' I LS 38,SW.00 38,500.00 Pawnent (PedsobW Crowing LIVA 12gg!� in Payeffwt) 653-IOD-8 Peckstrian SOWS (M) (in I Ls 20, Pavement (Pedeslylan ChwJng Sim* In Pavony*) VOW - P m �Pfift - c of ow P no omm by signing b -11, im. S119mMurst- - - Pliet cm": Mpored Dr. Eupm C Ho M PH: (561) 744-32M x 26 Foe (561) 7+4-32W MON: (561) 71"M ZO 3DVd IDS LOZ6VOL199 89:60 600Z/TT/60 EXHIBIT 6 — MARCH 18 AGENDA (4cily Y� INTERLOCAL AGREEMENT THIS Agreement, made and entered into this day of , 2003, by and between OKEECHOBEE COUNTY, a political subdivision of the State of Florida (hereinafter refereed to as "OWNEW'), and THE CITY OF OKEECHOBEE, a political subdivision ofthe State of Florida (hereinafter referred to as "CITY"). RECITAILS A. OWNER is the fee simple owner of a certain tract of land located within The City of Okeechobee consisting of approximately 1.55 acres; the said property hereinafter being referred to as "PROPERTY" and being more particularly described in Exhibit "A" attached hereto and made a part hereof OWNER is the holder of 0 legal and equitable ownership rights in the PROPERTY. B. The OWNER represents that it is the fee simple owner of the PROPERTY and that the rights granted herein and the obligations created hereby shall in no way be affected by the property right of any other entity at the time ofthe execution ofthis Agreement or at any time between the execution of this Agreement and the recording of this Agreement in the Public Records of Okeechobee County, Florida. C. The OWNER desires to develop the PROPERTY as a public facility consisting of a new Courthouse, (PHASE I) and two office buildings (future), and related, incidental uses. The parties recognize said use was approved pursuant to CITY's Small Scale Area Map Amendment, dated February 4, 2003, Ordinance No. 813, and Zoning Amendment dated February 4, 2003, Ordinance No. 814. The current land use plan is therefore reasonable and appropriate for application to the PROPERTY upon fidfillment ofthe OWNER's obligations under this Development Agreement. It is the purpose of this Agreement to provide a mechanism to mitigate potential adverse parking and traffic circulation impacts created by the development ofthe PROPERTY and to ensure that adequate public services may be provided to the PROPERTY and to the balance of the residents of the CITY. D. The OWNER agrees to construct certain parking, landscaping, pedestrian, and transportation improvements as set forth in this Agreement, which improvements will mitigate the potential adverse impacts of the proposed development. E. This Agreement is authorized by Section . et seq., Florida Statutes (1989), and the CITY OF OKEECHOBEE Unified Land Development Code Ordinance No. 716, as amended, and the provisions of those laws as they exist as of the date of this Agreement are incorporated herein by reference and shall govern the relationship of the parties under the terms of this Agreement. Any matters required by existing state statute or CITY Ordinance(s) which are not a part of this Agreement shall, nevertheless, be complied with by the parties. The OWNER and its successors in interest shall be responsible for every obligation set forth under the terms of this Agreement. The PROJECT as set forth herein is consistent with the CITY OF OKEECHOBEE Comprehensive Land Use Plan and CITY OF OKEECHOBEE I Ini-RM I nnA rM0 NOW THEREFORE, in consideration of the mutual promises and covenants herein made and agreed to be kept, the parties hereto agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. This Agreement will be valid for twenty (20) years from the date that it is executed by all parties. This Agreement may be extended by mutual consent of the CITY and OWNER, subject to a public hearing and participation. Further, this Agreement may be amended or canceled only by the mutual consent of the parties or their successors in interest. 3. The OWNER represents that nothing herein is barred or prohibited by any other contractual agreement to which it is a party or to which any of its agents or representatives are a party, by any existing statute or rule, by an existing governmental agency, by any third party, or by the rights of any other party with a direct or contingent interest in the PROPERTY, whether legal or equitable. 4. All development rights created hereunder will be subject to compliance with all CITY ordinances, and including but not limited to zoning approval, Ordinance No. 814, and site plan approvals, each ofwhich shall be in compliance with all development permits and applicable regulations of CITY, Regional, District, State and Federal Agencies. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the OWNER of the necessity of complying with the existing law governing said permitting requirements, conditions, terms or restrictions and any matter or thing required to be done under existing ordinances of the CITY or regulations of any other government agency or other entity having legal authority over the PROPERTY. No such ordinance, law or regulation will otherwise be amended, modified or waived unless conduct constituting such modification, amendment or waiver is provided for herein and all necessary procedural steps are taken relative to the granting of such modification, amendment or waiver in accordance with terms of applicable CITY ordinances and State Statutes. All applicable impact fees, development review fees, building permit fees, and all other fees of any type shall be paid in accordance with their terms and in such amounts applicable as they become due and payable except as is otherwise specifically provided herein. 5. (a) The parties agree that the CITY's willingness to enter into this Agreement, the staff approval or recommendation relative to the proposed development, land use plan designations, the passage ofordinances attempting to modify the land use designations, submittals to or before the City of Okeechobee City Council or the Florida Department of Community Affairs, and any other act in firtherance of this Agreement by the CITY, including the negotiations leading up to the execution of this Agreement, will not be used by the OWNER or its successors in interest in any way whatsoever as committing the CITY legally through theory of equitable estoppel, obligation of authorship, or any other legal theory to the approval of such proposed development in the event that this Agreement is terminated or for any other reason does not take effect in all material respects. The parties further agree that any and all action by the OWNER or its representatives in negotiation of 1--� —Is (b) The parties recognized that the OWNER's prior development known as the existing Okeechobee Courthouse, is exempt from this Agreement, but not exempt from all other CITY ordinances, and laws governing permitting requirements, terms, restrictions or site planconditions resulting fromchanges in the use of the land, structure, or site plan for such prior development. 6. Notwithstanding the current land use plan designations, the maximum intensity which may be built on the PROPERTY shall not be greater than 73,000 net square feet of floor area for PHASE 1, as reflected on Exhibit "B Site Plan". 7. In accord with the Project's Exhibit "B Site Plan" the project shall be phased as set forth in the approved site plan approval, and such subsequent phases, expansions, additions, new structures, and/or modifications will require new site plans subject to CITY's ordinances and review and approval process, particularly but not limited to all off-street parking and storm water drainage requirements. 8. When the public health, safety and welfare would be adversely affected by the use of parking and traffic circulation, such lands and all such matters will be addressed during the permitting process and nothing herein shall limit the legislative discretion of the CITY in the permitting process to ensure and protect the health, safety, and welfare of the public. However, such limitations shall not act to reduce the maximum allowable development provided for herein above. 9. Facilities shall be complete, inspected and approved by the CITY prior to the issuance of a Certificate of Occupancy on the PROPERTY. 10. All government approvals and permits will be obtained by OWNER at OWNER's sole cost. In the event that any development permissions are not received, no further development of the PROPERTY will be allowed until such time as the City Council has reviewed the matter and determined whether or not to terminate the Inter -Local Agreement or to modify it in a manner consistent with the public interest. Under these conditions, action and reliance on this Inter -Local Agreement or expenditures in pursuance ofits terms and ofany right accruing the OWNER hereunder, shall not vest any development rights in OWNER nor shall it constitute partial performance entitling OWNER to a continuation of this Agreement. 11. The OWNER will provide the following substantiation: (1) Off site parking with Methodist church in order to mitigate the adverse impacts ofthe proposed development. A Parking Agreement with the church will be provided, (Exhibit "C") (2) A traffic and parking monitoring program, (Exhibit "D"), which shall include automatic door counters at all public entrances to the new courthouse, shall be performed by OWNER; such monitoring to be performed the first quarter of the calendar year ( commencing the first Monday following January 1); in each of the following years: The third year anniversary of initial occupancy and public use ofthe building; and thereafter every five year anniversary, for the fife of this agreement, in the mamer following, which is set out by example in Exhibit "E": b. As set out in the example formula in Exhibit "E", for the initial monitoring period, the total number of pedestrians counted from the 64 business days monitored shall be divided by 64; the resulting quotient shall be divided by 9 1, with that resulting quotient becoming the ratio of spaces per person, and such ratio shall be the base line computed at the commencement of public use of the new courthouse. c. Then, when the monitoring is again performed at the commencement of the second five year period of operation, the total number of pedestrian count shall again be divided by 64; and that resulting quotient divided by base line ratio in (b) above; then the initial 91 parking space reductions granted by CITY subtracted from that number, to arrive at the total number of off-street parking spaces required to be constructed for that following five year period. d. This process shall be performed a total of five (5) times over the term of this agreement, that last being the 64 business days immediately following the twentieth anniversary of this agreement. e. The CITY, in its sole discretion, shall require the addition of off-street parking if the monitoring formula so indicates, in the manner and time frame dictated by CITY. However for purposes for economy of construction, OWNER shall not be required to construct additional off-street parking spaces as a result of the use of this formula for the following five year period of this agreement, unless the formula demonstrates that a minimum of fifteen (15) new off-street parking spaces are necessary. f For clarification, this monitoring formula applies only to PHASE 1, and any expansion, new construction or other alteration of use or structures on the property shall comply with all applicable off-street parking requirements of the CITY then in effect. (3) Affirmation that no less than twenty-eight (28) parking spaces will remain off street on the new courthouse site; (4) Required handicap parking spaces for the new parking areas conforming to State Federal requirements; (5) Adequate and safe pedestrian crossings for street parking based on a plan approved by the City Engineer; (6) Road improvements to meet CITY parking and curbing standards as per CITY Land Development Regulations. 12. The development ofthe PROPERTY shall meet the requirements ofall existing CITY ordinances except as is otherwise specifically waived or modified herein. The CITY and the OWNER shall coordinate the scheduling of construction obligations herein with the development schedule of the OWNER so that infimstructure improvements provided for herein will be completed in a timely fashion so as to provide services to the proposed development in an orderly manner. 13. If required by law, OWNER will obtain development permits from the appropriate -�s AS TO THE OWNER County Administrator George A. Long 304 Northwest Second Street Okeechobee, FL 34972 and County Attorney Laura Ann McCall Post Office Box 968 Okeechobee, FL 34973 AS TO THE CITY The City Administrator Bill L. Veach 55 Southeast Third Avenue Okeechobee, FL 34974 and City Attorney John R. Cook 805 S.W.. Park St. Okeechobee, FL 34974 Either party may, by subsequent written notice, designate a different address or party for receiving notice. 15. This Agreement shall constitute a covenant running with the land for the duration hereof and shall be binding upon the OWNER and upon all persons deriving title by, through or under said OWNER and upon its assigns and successors in title. The Agreements contained herein shall benefit and limit all present and future owners of the PROPERTY and the CITY for the term hereof. 16. This Agreement constitutes the entire Agreement and understanding between the parties and no modification hereof shall be made except by written Agreement executed with the same formality of this Agreement. The parties acknowledge that there are no outstanding agreements of any kind between the parties other than as reflected herein. Except as is otherwise specifically provided herein the PROPERTY shall be subject to the laws, ordinances and regulations of The City of Okeechobee, Florida, as they exist as of the date of this Agreement. 17. Any reference in this Agreement to the OWNER contemplates the undersigned or its successors in interest. Assignment of any rights or interest or obligations under this Agreement shall not relieve the OWNER from responsibility to perform all obligations ofthe OWNER hereunder except upon a release being executed by the parties hereto and recorded in the Public Records of Okeechobee County, Florida, upon such ternis that are mutually satisfactory to the parties. IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first above written. Signed, sealed and delivered OKEECHOBEE COUNTY, FLORIDA in the presence of- a political subdivision of the State of Florida 0 Chairman Signed, sealed and delivered THE CITY OF OKEECHOBEE in the presence of- A political subdivision of the State of Florida BY: Witness Mayor Name Printed: DATE: Witness Name Printed: APPROVED AS TO FORM AND CORRECTNESS: JOHN COOK, CITY ATTORNEY STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, personally appeared, - Chairman ofthe Okeechobee County Board of County Commissioners, to me well known/produced a drivers license and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal this. STATE OF FLORIDA COUNTY OF OKEECHOBEE day of � 2003 Notary Public My Commission Expires. Commission Number: BEFORE ME, personally appeared , Mayor of THE CITY OF OKEECHOBEE, to me well known/produced a drivers license and know to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal this day of 2003. 941-334-6304 1 JE PLANNING 8, MGT 1103 P92 11HR 04 'EU 16:43 Courhouse Expansion Project Parking Space Evaluation Methodology ZD05 1) First Quarter 2005 Dwr Count X 64 business days 2010 2) FlL§t!QugLW[ ZQJ0 Qqor g0nt X 64 2005 ON PPS 2010 4) X - (PPS -ON) = Additional Spaces Needed 5) Additional Spaces Needed if waiver approved is 50% WHERE: PIPS = Number of persons per parking space X a Avg. # of persons per day ON = On -street parking spaces approved by waiver (01 t', Alomber o-r bos;ness- days p&r por4er Example Using County Number (From County Example) I t0,232 = 159 64 2) 1-3,134 = 205 64 3) 159 = 1.74 91 4) M = 356.7 - 91 = 265.7 Spaces neede 1.74 5) 266 * 50% = 133 off-street spaces needed EXHIBIT N 941--334-6304 U I PLANNING & NGT PL NHR 04 '02 Coufhouse Expansion Project Parking Space Evaluation Methodology 2005 1) FiMt Quarter 2095-Door Courd X 64 business days 2010 2) Eil§t Quil�er 2010 Door Coul]t X 64 2005 3)1 PPS ON -0 t 0 0 P"3 CX Art I'S 2010 4) X PIPS N Additional Spaces Needed 5)0 5) Additional Spaces Needed if waiver approved is 50% WHERE: PPS - Number of persons per parking space X = Avg. # of persons per day ON = On -street parking spaces approved by waiver to'/ = Kim b e r aeb vs ;n err d4ys per i0i'r,0- S too ri-r- r Example Using County Number (From County Example) 1 10,222 = 159 64 2) 13.13 = 205 64 3) 169 = 1.74 ;x5 91 4) ?05 = 356.7 - 91 =- 26,05.7 Spaces neede (i = 356.7 J.7 5) 266 * 50% = 133 off-street spaces needed "County " INTERLOCAL AGREEMENT TWS INTERLOCAL AGREEMENT made and entered into this day of March, 2003, by and between the CITY OF OKEECHOBEE, FLORIDA, a Florida municipality organized under the laws of the State of Florida, hereinafter referred to as "City"; and OKEECHOBEE COUNTY, a political subdivision ofthe State ofFlorida, by and through its Board of COUNTY Commissioners, hereinafter referred to as "COUNTY" pursuant to the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida Statutes). WITNESSETH H'AWREAS the COUNTY is the fee simple owner of a certain tract of land located within The City of Okeechobee consisting of approximately 1.55 acres; the said property hereinafter being referred to as "Property" and being more particularly described in Exhibit IIXI attached hereto and made a part hereof COUNTY is the holder of all legal and equitable ownership rights in the PROPERTY; and WWREAS the COUNTY represents that it is the fee simple owner of the Property and that the rights granted herein and the obligations created hereby shall in no way be affected by the property right of any other entity at the time of the execution of this Agreement or at any time between the execution of this Agreement and the recording of this Agreement in the Public Records of Okeechobee County, Florida; and KYWREAS the COUNTY desires to develop the Property as a public facility consisting of a courthouse expansion project including a new courthouse and two future office buildings (hereinafter the "Project"). The parties recognize said use was approved pursuant to CITY's Small Scale Area Map Amendment, dated February 4, 2003, Ordinance No. 813, and Zoning Amendment dated February 4, 2003, Ordinance No. 814; and WWREAS construction ofthe Project within the CITY's municipal limits is a benefit to the residents ofthe CITY and will encourage continued urban revitalization in the area; and WWREAS the City has the ability under its ordinances to give credit for certain surplus onstreet parking and has agreed to defer construction ofa. portion ofthe off street parking spaces that would normally be required for the COUNTY's facility; and WWREAS a significant portion of all offstreet parking constructed by the COUNTY will be considered public parking that will benefit CITY business and residents of the area; and KBEREAS it is the purpose of this Agreement to document a method of calculating any increased parking requirements associated with the Phase I of the Project over the five years following the occupancy ofthe new courthouse and provide additional spaces based upon the results of those calculations; and [7000-51080.WPD] Page I of 6 WHERF,4S the COUNTY agrees to initially provide off-street parking, landscaping, pedestrian, and transportation improvements as set forth in the site plan submitted to the CITY and further agrees to provide additional parking spaces in the manner hereinafter provided; and *MRE,4Sthis Agreement is authorized by Section 163.01, et seq., Florida Statutes (1989), and the CITY OF OKEECHOBEE Unified Land Development Code Ordinance No. 716, as amended, and the provisions of those laws as they exist as of the date of this Agreement are incorporated herein by reference and shall govern. the relationship of the parties under the terms of this Agreement; and WWREAS the Project as set forth herein is consistent with the CITY OF OKEECHOBEE Comprehensive Land Use Plan and CITY OF OKEECHOBEE Unified Land Development Code. NOW THEREFORE, in consideration of the mutual promises and covenants herein made and agreed to be kept, the parties hereto agree as follows: I . The foregoing recitals are true and correct and are incorporated herein by reference. 2. The COUNTY represents that nothing herein is barred or prohibited by any other contractual agreement to which it is a party, by any existing statute or agency rule, or by the rights of any other party with a direct or contingent interest in the PROPERTY, whether legal or equitable. 3. All rights created hereunder will be subject to compliance with all CITY ordinances, zoning approval, Ordinance No. 814, site plan approvals, and shall be in compliance with all development permits and applicable regulations of CITY, regional, district, state and federal Agencies. The fidlure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the COUNTY ofthe necessity of complying with the existing law governing said permitting requirements, conditions, terms or restrictions and any matter or thing required to be done under existing ordinances of the CITY or regulations of any other government agency or other entity having legal authority over the Property. No such ordinance, law or regulation will otherwise be amended, modified or waived unless conduct constituting such modification, amendment or waiver is provided for herein and all necessary procedural steps are taken relative to the granting of such modification, amendment or waiver in accordance with terms ofapplicable CITY ordinances and State Statutes. This agreement does not waive any applicable impact fees, development review fees, building permit fees, or other fees ofany type except as is specifically provided herein. 4. (a) The parties agree that the CITY's willingness to enter into this Agreement, the staff approval or recommendation relative to the Project, land use plan designations, the passage of ordinances attempting to modify the land use designations, submittals to or before the City of Okeechobee City Council or the Florida Department of Community Affiairs, and any other act in furtherance ofthis Agreement by the CITY, including the negotiations leading up to the execution of this Agreement, will not be used by the COUNTY or [7000-51080.WPD] Page 2 of 6 its successors in interest in any way whatsoever as committing the CITY legally through theory of equitable estoppel or any other legal theory to the approval of such proposed development in the event that this Agreement for any reason does not take effect in all material respects. The parties further agree that any and all action by the COLNTY or its representatives in negotiation of this Agreement and including all efforts in the implementation of this Agreement prior to commencement of construction, or submittals to other governmental bodies shall in no way be deemed to be an action in reliance giving rise to an equitable estoppel and, in the event that it is not possible to implement this Agreement fully, the parties' legal positions will be identical to the legal position that they would have maintained, if any, and all matters regarding the proposed development of the Property had never been discussed between them. (b) The parties recognize that the COUNTY's existing Courthouse, is not the subject of a parking deferral and this Agreement shall not be construed to exempt said Courthouse from any and all applicable CITY or COUNTY ordinances, state statutes and agency regulations. 6. Notwithstanding the current land use plan designations, the maximum intensity which may be built on the Property shall not be greater than 73,000 net square feet of floor area for Phase 1, as reflected on Exhibit "B Site Plaif. 7. In accord with the Project's Exhibit "B Site Plan7' the Project shall be phased as set forth in the approved site plan approval, and such subsequent phases, additions, new structures, and/or modifications will require new site plans and be subject to CITY's ordinances and review and approval process. 8. All applicable government approvals and permits will be obtained by COUNTY at COUNTY's sole cost. In the event that any development permissions necessary to the effective implementation of this Agreement are not received, this Agreement and the deferral contained herein shall be deemed suspended until mutual agreement of the parties. Should the parties not be able to agree on an acceptable modification, this Agreement shall be deemed to be void and the development shall proceed without an offitreet parking deferral. 9. (a) Based upon the 73,000 net square feet contained in Phase I of the Project, 182 offstreet parking spaces are required before consideration of any substitution or waiver due to surplus onstreet parking as authorized by CITY ordinance. (b) CITY ordinartee permits an application for a waiver ofup to fifty (50%) ofthe required offstreet parking spaces in consideration of existing surplus onstreet parking. [7000-51080.WPD] Page 3 of 6 (c) The COUNTY, concurrent with the construction of Phase I of the Project is constructing at lease 91 offstreet parking spaces including a parking lot on property leased from the FIRST UNITED METHODIST CHURCH OF OKEECHOBEE, INC., d/b/a/ First Methodist Church. A copy of said lease is attached as E)diibit "C". (d) Due to the scope of the Project, the parties agree to defer rather than waive at this time construction of additional off-street parking spaces. The determination of a need for additional offstreet parking spaces shall be made in the following manner: (1) Following issuance of the certificate of occupancy and the relocation into the new building of the court -related and county finance offices, the COUNTY shall initiate an automated main entrance count of the persons entering and leaving the building. This count shall continue for 90 consecutive days and be reported to the CITY in writing upon conclusion. (2) On the fifth anniversary of the initiation of the count, the COUNTY shall conduct a second 90 day count to determine the percent increase in numbers of people using the Phase I building over the first count. This percent increase shall be multiplied by the 91 spaces deferred by this Agreement to derive at the number of additional offstreet spaces that will be constructed by the COUNTY. Any fractional requirement shall be rounded upward by one off-street space. In no event shall the COUNTY be required by this Agreement to construct more than 182 offstreet parking spaces for the 73,000 net square foot Phase I building of the Project. (3) Additional offstreet parking spaces required by this Agreement shall be constructed to the standards established by CITY codes in effect at the time of construction. (4) For illustration purposes only, if the first count yields 10,000 and the second count yields 13,000, this represents a 3 0% increase and would correspond to a need for 28 additional spaces (.30 X 91 = 27.3, rounded to 28). 10. The COUNTY will ensure to the satisfiLction of the CITY that: (a) that required handicap parking spaces are provided and conform to state and federal law; (b) adequate and safe pedestrian crossings for onstreet parking are constructed based on a plan approved by the City Engineer; (c) necessary road improvements shall meet CITY's onstreet parking and curbing standards as contained in the CITY Land Development Regulations. [7000-51080.WPD] Page 4 of 6 11. The development of the Property shall meet the requirements of all existing CITY ordinances except as otherwise specifically waived or modified herein. The CITY and the COUNTY shall coordinate the scheduling ofconstruction obligations herein with the development schedule of the COUNTY so that infrastructure improvements provided for herein will be completed in a timely fashion so as to provide services to the proposed development in an orderly mamer. 12. If required by law, COUNTY will obtain development permits from the appropriate and necessary government agencies. 13. Any notice or request required or authorized to be given by the terms of this Agreement or under any applicable law by either party shall be in writing, hand - delivered, or sent by certified or registered mail, postage prepaid, return receipt requested. Such written notice shall be addressed as follow: AS TO THE COUNTY COUNTY Administrator George A. Long 304 Northwest Second Street Okeechobee, FL 34972 ,M] COUNTY Attorney John D. Cassels, Jr. Post Office Box 968 Okeechobee, FL 34973 AS TO THE CITY The City Administrator Bill L. Veach 55 S.E. 3r' Avenue Okeechobee, FL 34974 and CITY Attorney John R. Cook 202 NW 5'h Avenue Okeechobee, FL 34974 Either party may, by subsequent written notice, designate a different address or party for receiving notice. 14. This Agreement constitutes the entire Agreement and understanding between the parties as to the Judicial Complex parking deferral and no modification hereof shall be made except by written Agreement executed with the same formality of this Agreement. Except as is otherwise specifically provided herein, the Property shall be subject to the laws, ordinances and regulations of The City of Okeechobee, Florida, as they exist as of the date of this Agreement. IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first above written. ATTEST: CLERK OKEECHOBEE COUNTY a political subdivision of the State of Florida By: ......... Chairman Date: THE CITY OF OKEECHOBEE A municipal corporation ofthe State ofFlorida [7WO-51080.WPD] Page 5 of 6 m Mayor ATTEST: Date: CLERK APPROVED AS TO FORM AND CORRECTNESS: JOHN COOK, CITY ATTORNEY [7000-51080.WPD] Page 6 of 6 ADDmoNAL ITzm EXHIM 7 MARCH 18 AGENDA APPRAISAL OF REAL PROPERTY LOCATED AT: )O(X NE 11 th Street Long Legal (See attached) Okeechobee, FL 34972 FOR: City of Okeechobee Office of the City AdministraW Okeechobee, FL 34972 AS OF: March 12, 2003 BY.. Brandon D Tucker, P.A State Cart. Res. REA 3326 RD3326 Valuation Professionals, PLLC FDrm GA6 — wTOTAL fOr W111dows' MxaiW saftwam by a la mode, kc. — I-OWALAMODE SUMMARY OF SALIENT FEATURES Subject Alildress XXX NE 11 th Street Leo DesoWn Long Legal (See attached) CRY Okeechobee County Okeechobee state FL Zip Code 34972 Census TW 9902 Map Refoonce 37-35-15 Sale Price $ N/A Date of Sde, N/A Boffower / Client City of Okeechobee Lender City of Okeechobee Size (Squxe NO Price per Square Foot $ Location City Limits NE Age Condifion Total Rooms Bedrooms Balfis Appraiser Brandon D Tucker, P.A Date of A*alsed Value March 12 Hnal Estinft of Value $86,400 Form SSD —'TOTAL for Windowe aWaisal softare by a [a mode, Inc. — 1-80ALAMODE EXHIBIT 7- MARCH 18,2003 COPY OF APPRAISAL will be provided March 18, 2003 'AW-1 ExHiBIT 8 — MARCH 18 AGENDA MeTnorandutn TO.- Bill Veach. Administrator From: Lydia Jean Williams, Administrative Aide/Special Projects Coordinator Date: March 11, 2003 Re: use of electricity in Flagler Parks In answer to your question concerning non-profit organizations and charitable organizations using electricity iv Flagler Parks — I began issuing the Charitable Function Permits in 1986. At that time this service was been available to everyone that was allowed to use to parks. The Administralor's Office issued the permits prior to that time. I continued issuing permits using the same procedures as the Administrator's Office. The only time electricity has not been used is when the City did not have any electrical service available. At those times — the organizations have installed their own electrical service with the City's permission. (park 4: Okeechobee High School Band (upgraded servicel. Park 5: Brent Teany Foundation and Park 6: First Baptist Church). If you have any questions or need any additional information — please let me know. 1 0 0 a V 0 S Zip 0 4 If: - D1 Is i Electricity Usage of the Parks 2003 Specided Perch Festival Pa Amount #4 $10.74 #3 $20.20 #2 $0 EXHIBIT 9 MARCH 18 AGENDA MEMORANDUM To: Mayor and Council Members From: Lane Gamiotea, City Clerk A Subject: Citizen Board Appointments Date: March 12, 2003 Please consider reappointing the following citizen board members. Each member was contacted and agreed to continue to serve as a regular member on their respective board for a three year term., beginning May 1, 2003 and ending April 30, 2006: Code Enforcement Board: Jamie Gamiotea Franklrby Planning Board/Board of Adjustments/Design Review Board: Dawn Hoover Thomas Keller William (Bill) Ledferd Should you have any questions please do not hesitate to contact me. Thank you. ExHIBIT 10 - MARCH 18 AGENDA MEMORANDUM To: Mayor and Council Members From: Lane Gamiotea, City Clerk Subject: Citizen Board Appointments Date: March 12, 2003 Please consider reappointing the following citizens board members. Each member was contacted and agreed to continue to serve as a regular member on their respective board for a three year term beginning May 1, 2003 and ending April 30, 2006: Code Enforcement Board: Jam�ie Gamiotea Frank Irby Planning Board/Board of Adjustments/Design Review Board: Da\tvn Hoover Thomas Keller William (Bill) Ledferd Should you have any questions please do not hesitate to contact me. Thank you. EXHIBIT 11 - MARCH 18 AGENDA CITY OF OKEECHOBEE 941)763-3372 * Fax 941)763-1686 CITY DEPARTMENT AGENDA ITEM REQUEST FORM Submifting Deparment: POLICE PENSION BOARD by CHIEF DENNY DAVIS MEETING: REGULARU SPECIAL U WORKSHOP El DATE: MARCH 18, 2003 PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. MOTION TO APPROVE THE APPOINTMENT OF BETTYE TAYLOR AS A TRUSTEE TO THE POLICE PENSION BOARD. TERM BEGINNING OCTOBER 31. 2002 AND ENDING SEPTEMBER 30, 2003. PLEASE STATE RECOMMENDED ACTION BY THE CITY COUNCIL. APPROVE APPOINTMENT. PLEASE SUMMARIZEiD ExPLANATION/BACKG ROUND INFORMATION AND ATTACH APPLICABLE DOCUMENTS. THIS IS THE FIFTH MEMBER POSITION ON THE PENSION BOARD WHICH IS A PORTTTnN THAT ,ig',dHOSEN BY A MAJORITY OF THE PREVIOUS 4 TRUSTEES AND THE NAME SHALL BE SUBMITTED TO THE CITY COACIL AND THE CITY COUNCIL, AS A MINISTERIAL DUTY, APPOINT THE FIFTV MEMBER. J.P. ZIEGLER RESIGNED FROM THIS POSITION OCTOBER 30, 2002. MS. TAYLOR WAS CHOSEN TO COMPLETE HIS TERM. IF PRESENTATION IS TO BE MADE, HOW MUCH TIME WILL BE REQUESTED? N/A ADDMEXMBff NEWBUSRiMITEM"B" MARCH 18 AGENDA TABULATION SHEET NE/NW 9' Street Bid No. 02-00-02-03 Bidder s Bid Amount APAC $1419141.13 Better Roads $1229477.20 Ranger $1825879.51 Poskd Qn- M-Kc-h 17, 2003-at 3:20 p.m. To be removed on Much 19, 2003 at 1-20, p.m. CITY OF OKEECHOBEE MEMORANDUM A TO: Mayor and City Council DATE: March 12, 2003 SUBJECT: Statas Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMIINISTRATION GRIT — Attorney Hellinger has resubmitted a notice of pending matters to the court I regarding the venue issue. As yet, no decision has been reached. On December 30'h, the City was served a summons by the Liquidating Trustee for GRIT that we were being sued for the $48,648.03 that they claim the City owes them for payment of one of Bettye's hospital bills. Attorney Robbins has submitted a proper response to the lawsuit. Bettye Taylor continues to experience issues with her back and has been evaluated to determine proper treatment. This evaluation began on January 8fll and was concluded on February 4h. Her doctor recommended surgery, however, Bettye is reluctant to have additional surgery at this time. Fire Station Project — The City Engineer reports that we are on schedule and budget at this time, Councilman Chandler is currently participating in weekly "construction meetings!'in which the Administrator, Engineer, Public Works Director, Fire Chiefand Building Official discuss the project and its progress. Industrial Park/Sheffield Environmental Services — Tirnelines remain the challenge in keeping the City's industrial park project alive. We appear to have cleared our first hurdle with EDA (construction commencement by March 17'h). The next hurdle is imposed by EDTF and that is to begin vertical construction in April. Work has begun on Phase la ofthe project, which is within the confines ofthe industrial park. The NE 9h Street bid will come before the City Council on March 18th. We have begun plans to construct a small building, which will constitute vertical construction, a requirement ofthe EDTF grant. We will bring this proposal before the City Council in early April. PUBLIC WORKS Donnie Robertson is working on permi" issues with SFWMD, DEP, etc. related to the e Street Boat Ramp. He anticipatesthis will take a couple of months. Donnie is also in discussions with DOT on how they would like to handle the status (open or closed) of SW 12th Avenue @ SR 70. Donnie Robertson is looking for an evergreen tree to plant in City Hall Park, which will become our permanent Christmas tree. CITY ATTORNEY The following are included in the items I have asked Attorney Cook to address. 1 . Procurement of the Billy Mason property. 2. Noise/breach of peace/animal ordinance. 3. Interlocal Agreement w/County on Courthouse issue. 4. LDR issues such as non -conforming structures, building site elevations, visibility triangles and street cut/right-of-way resolution. 5. Pension Ordinance Language (City Council item for March 1891). 6. Legal issues and contracts related to the City's industrial park. 7. Hamrick Trust — John is attempting to locate and secure a research firm that is well versed in reversionary issues. 8. City/County contractor licensing agreement — this proposed language is currently being reviewed by the County Attorney. 9. GRIT issues. 10. Adelphia Contract. 11. Marvin Brantley's continuing situation. CITY COUNCIL MEETING MARCH 18, 2003 DRW INVESTMENTS, LLC D.ROBERTVALLSON AVENUE EE, FLORIDA 10-11 10111\ D.R. Willson Land Company 410 SE 2 nd Avenue Proposed Parking Area Views I I EY N89*59'24 E 23.19' Li Z Li 22.80' 14 CONCREIE < - Q P, 8.70' 2530' z C� >< 0 'U-) 0 0 Ld 1 SION), COI',JCRE'FE BLOCK 0 U) RESIDEFICE b z FINISH FLOOR COU-C--R—E-T-E-- ELEVATION=101.5 1§.44'- sq ft. T WM 13.20' 0 --w— 26.94* LJ 0 20.40* TEN'nON PO It 4L Cn Typ. 9. 20' Typ. 12' --Am— TYP 24.00' ACHMIC . PAU-01-1 0 91 TYP P. QWO 8.00, S89*52'41"W 4.66' 10.001 Up f -e 1- 0 UP SI'RIIAT REMM PAUC =-ML Nii 70' R/W -4 -- - - - - ------ ------ SE 5TH STREET 01 15' ALLE., N89'59'24"E 94.86 LLJ 22.80' CONCRET 0 C4 8.70X z 0 -pt Ln 0 c� 0 1 SlORY .01, CONCRETE BLOCK RESIDENCE � cit, 46 0 tz- FINISH FLOOR CONCRETE -5t IR ELEVAIION=101.51�\ 1,911 sq.ft. 130. wM 4.. 5 COY' 19. 5' 13.20' I AL-�j I I DETENTION PON 28.40' d) 26 BOTTOM = 98.—/ TOP OF BANK p \cp. 1100 I ICONTROL STRUC I ELEV. = 9 cn 5- 99.2 IWEIR 100.3 z 1 4 (L BENCHMARK 20' --W&— Typ. 24.00! 20' (Typ.) ELEVATION 1000 SET PK NAIL AN[ PSM 5081 WELLOTYP. 0 0=8 100.6 rl 00. 6 ***\ 100...6 /1 , I t8g'52'41 "W 94.66' —1 34.4' UP -& UP SPRINT 0 SPRINT 41;� Ile 1(�$ EDGE OF 20' ASPHALT 1AVE.11T -- — �OO� — --- — — — — — — w 103 — — — — — — — — — ISE — — — — — — 5TH STREET A I I N89-5W24"E 94.66' Ld 22.80' 8.70� C) 0 RLSIDE I JGE 's?, !DA LLEVA1101,1= 101 CCIJCR[Tr T'WI lb 1,911 4.50'— 19.5' 13.20' 9.2 'A AL DET.ENTION 28.4V0' 26 Om TOP OF BA =00- 3 CONTROL S 9 -cq) VIR FLEV. z 14 c EIEVA1101 PKI, > SU PSM bc'L� 39*52'4 1 "W ILI 9*,524 -1"Wz 1"w 94. 6' 11V 41 "'A)'A�,l IAJ R/W I�p PROPHIED DRIWW,�Y CUN—ERT SE 5TH STREET SIZE, TYPE AND INVLRTS TO K DETERMNED BY CITY 990 DEFINITIONS Page 8 of 8 Sign, Snipe: Off -premises sign posted without City or government agency permission. Sign, Wall: Sign on a building exterior; and projecting not more than one foot. Sign, Wind: Signs consisting of banners, flags, spinners, streamers, balloons or other material fastened to move in the wind. Structure: Anything, more than one foot in height above ground level, constructed or installed which is attached to the ground or to another object which is pennanently attached to the ground. This shall include but not be limited to buildings, mobile home, screened enclosure, swimming pool, tower, wall, fence, sign, pole, pipeline, storage tank, shore protection device. Structure, Accessory: Permitted detached subordinate structure which is customarily associated with and incidental to the principal use on the premises. Substandard: Deviating from or falling short of a standard or norm. Use: Purpose for which land or a structure is designated, arranged, maintained or occupied; or any activity, business or operation carried on, or intended to be carried on, in a structure or on land. Use, Accessory: Subordinate use which is customarily associated with, and incidental to, the principal use or building and located on the same parcel. Use, Frincipal: Primary purpose for which the land or building is used as allowed by the applicable zoning district Regulations. Variance: Modification of these Regulations when, owing to physical conditions peculiar to the property, a literal enforcement of these Regulations would result in an unnecessary hardship. Veterinary Service: Establishment where animals are admitted for examination and treatment. Visibility Triangle: On a comer lot, the triangle of land formed by a straight line connecting two points located on, and 35 feet from, the intersection of the two street property lines. Wellhead Protection Area: Land within one half mile of potable water supply wells operated by Okeechobee Utility Authority. Year: Any continuous 12 month calendar period. Zone of Exclusion: Land within a 200 foot radius of a public potable water supply wellhead. Web Design & Training by: Destiny Ree http://www.cityofokeechobee.com/990definitions.htm 2/21/2003 550 SIGN REGULATIONS 1-1% Page I of 6 550 SIGN REGULATIONS Every sign erected on land, attached to a building, wall, fence, pole, tree or shrub, constructed, moved, replaced or substantially altered shall comply with these Regulations. Maintenance, repainting and changing copy shall not be considered a substantial alteration. 551 PERMIT AND PLAN REQUIRED Except as hereinafter provided, no sign shall be erected or substantially altered until a permit has been issued. Sign design, 4construction and location plans shall be submitted with a pen -nit application. 552 PRO HIBITED SIGNS The following signs are not permitted in any district: I Signs which due to their design, location, size, shape, color, lighting, movement or wording may impair public safety, including signs which: conflict with a traffic signal or government agency sign; obstruct or impair the vision of the public traveling on or entering a street, or in the street intersection vision triangle; interfere with use of a emergency exit or are attached to a fire hydrant. 2 Snipe sign and temporary off -premises sign providing direction to, or advertising a sale. 3 Sign erected in a public street or alley right-of-way, unless placed there by a government agency. 4 Sign on a private utility, unless placed there by the utility. 5 Sign attached to a tree or utility pole. 6 Sign that is obscene, indecent or immoral. 7 Sign which emits glare, sound, vapor, or odor. 8 Sign that causes unreasonable interference with radio, television or communication signals. 9 String of light bulbs on commercial or industrial property, excluding holiday decorations. 10 Moving or flashing sign, unless necessary for public safety, 11 Portable sign, except those permitted with a special use or by a temporary use permit. 555 SIGNS NOT REQUIRING PERMIT The following signs may be erected without a permit, subject to these Regulations: 556 SIGNS IN ANY LOCATION WHICH DO NOT REQUIRE A PERMIT I Signs erected by a government or public agency for public safety, welfare or information. 2 Signs to indicate danger, hazard or emergency to the public. 557 SIGNS ON PREMISES WHICH DO NOT REQUIRE A PERMIT 1 Signs inside a building. http://www.cityofokeechobee.com/550signregulations.htni 2/21/2003 3 Such buildings shall be included in calculations of impervious surface, floor area, and other site design requirements of the principal use. 4 Detached accessory buildings shall not exceed 100 percent of the floor area of the principal stucture. 658 WALL, FENCE 1 Walls and fences may be located in front side and rear yard setback areas, and shall not exceed a height of 5 feet in front of the front building line, nor a height of 2 feet 6 inches in a visibility triangle, nor a height of 8 feet elsewhere. 2 Walls and fences shall be constructed with the finished side facing the adjacent property. 3 Barbed wire and similar fences shall be prohibited on residential lots. 659 BOAT DOCK, PIER 1 Boat dOGks and piers may be permitted in buffer areas. 2 Occupied live -aboard boats are not permitted to be docked in a residential district more than 15 days in a calendar year. 660 SEAWALL, RIPRAP I Seawalls and riprap may be permitted in buffer areas. 2 Riprap may be used to stabilize shorelines in lieu of seawalls. 3 Native vegetation shall be used to stabilize shorelines in lieu of seawalls and riprap where possible. 661 TENNIS, BASKETBALL, RACQUETBALL, AND SIMILAR COURT FACILITIES 1 Court facilities shall not be permitted in a front yard, nor encroach into a yard setback. 2 Court facility enclosures and backstops shall not exceed 14 feet in height. 3 Lighting shall be directed away from adjacent property and shall not be used between 10 p.m. and 6 a.m. 662 FLAGPOLE 1 Flagpoles shall be permitted in all zoning districts, and shall be at least 5 feet from any property line in residential districts and 5 feet from any property line in other districts. 2 Flagpoles shall require a certificate of structural integdty that they are designed to withstand a wind load of 120 miles per hour, issued by the manufacturer, an architect or engineer. 3 Flagpoles shall not exceed 35 feet in height in residential distficts and 75 feet in other districts. 2 Exception: Previously Issued Development Permits and Development Orders The provisions of these Regulations and amendments thereto shall not affect the validity of any lawfully authorized, issued and effective development permit or order if the development activity has been commenced prior to the effective date of these Regulations, or will be commenced after the effective date but within six months of issuance of the building permit; and the aciivity continues without interruption until the development is complete. If a development permit or order expires, further development shall occur only in conformance with the requirements of these Regulations. 106 MINIMUM REQUIREMENTS The provisions of these Land Development Regulations are the minimum requirements necessary to accomplish the intent and purpose of the Act to protect human, environmental, social and economic resources; and to maintain, through orderly growth and development the character and stability of present and future land use and development in the City. 107 ABROGATION These Land Development Regulations are not intended to repeal or interfere with any easement, covenant or deed restriction recorded in the public records of the City or Okeechobee County. 108 RULES OF INTERPRETATION I Responsibility for Interpretation In the eventthat a question arises concerning the provisions of these Regulations, the Planning and Zoning Director/Building Official shall be responsible for interpretation and shall look to the Comprehensive Plan for guidance. Appeal from an interpretation of the Planning and Zoning Director/Building Official shall be made to the Board of Adjustment 2 Delegation of Authority When a provision appears to require a City officer to perform some act, it is to be construed to authorize delegation to professional level subordinates to perform that act 3 Computation of Time Time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. June 12, 2002 DRW Investments Attn: Rob Willson 410 S.E. 2 nd Avenue Okeechobee, Florida 34974 Dear Mr. Willson: This is a follow up letter to the conversation we had this morning. I am enclosing a copy of the Site Plan Review application, it explains all of the required documentation to accompany it. Also enclosed is a fee schedule for the application. Should you have any questions once you receive the application please contact my office. Thank you. Sincerely, Joe Boyd Building Official JB/cna 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 763-3372 - Fax: (863) 763-1686 OF - Ok� U-1 0 1.915 City of Okeechobee July 31, 2002 DRW Investments c/o Rob Willson 410 S.E. 2 nd Avenue Okeechobee, Florida 34974 Re: Driveway at above location Dear Mr. Willson: This is to inform you that the Public Works Department has no objections to the proposed rock driveway within the City of Okeechobee right-of-way. However, I do object to the current parking within the City of Okeechobee right-of-way. This is not permitted and will not continue. Should you have any questions please contact me at (863) 763-3372 ext. 213. Thank you for your cooperation regarding this matter. Sincerely, ........... Donnie Robertson Public Works Director c: Bill Veach, City Administrator Oscar Ben-nudez, City Engineer Joe Boyd, Building Official Keith Tomey, City Fire Chief Permit # 519-01 -11 R 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 763-3372 - Fax: (863) 763-1686 WW D.R.Willson Land Company COMMERCIAL REALTY SERVICES & DEVELOPMENT APPRAISAL, BROKERAGE, CONSULTING REAL ESTATE DEVELOPMEN PLEASE REPLY TO D. ROBERT WILLSON, MAI APPRAISAL LAND USE & ST.CERT.GEN,REA 0001521 ACQUISITION ZONING CHANGES 410 SE Second Avenue LIC, REAL ESTATE BROKER DISPOSITION CONSULTING SPECIAL EXCEPTIONS Okeechobee, Florida 34974 www.florida-landco.com LEASING DEVELOPMENT (863)763-0999 Fax#(863)763-1945 E-mail Address: drwmai@okeechobee.com August 6, 2002 Mr. Joe Boyd Building Official City of Okeechobee 555 SE 3`dAvenue Okeechobee, FL 34974 RE: Request for Public Information Dear Mr. Boyd: I thank you for meeting with me last Wednesday. As a follow up to the meeting I have been in contact with a local engineer. To better plan our site plan, I am requesting a copy of some existing public information. Enclosed with this letter is a summary of four propertied that have had a recent change in use. In three of the cases, a home/duplex was converted to office, and the forth was an office/wa rehouse building that empty for a considerable amount of time, remodeled, and opened as what appears to be a multi -tenant facility. Please provide me with a copy of their respective site plan and site plan application. I have included a property photo, the property owner's last name, the physical property address and the property tax ID number to assist you with pulling their records. If you have the same information on the 2-story building Mr. Jerry Bryant is converting, I would also like a copy. After I have had an opportunity to review their existing site plans that were required for their occupancy licenses, both the engineer and I will have a much better idea as to that is required with my site plan. Again, I thank you for taking time to meet with me last week. I am working forward to meet the City's requirements. I understand there will probably be a charge for the copies. Please give me a call once the information is ready. Sincerely; D. Robert Willson DRW Investments, LLC www.landco.oc PROPERTIES WITH CHANGE IN USE OVER LAST FEW YEARS Address. 200 NW 5' Street ID#: 3-15-37-35-0010-00920-0110 Address: 300 NW 4t' Street ID#: 3-15-37-35-0010-01060-0110 .............. ---------- Address: 502 NW 2 "d Street I D#: 3-15-37-35-0010-01360-0120 Address: 215 bvV 3rd Avenue ID#: 3-15-37-35-0010-01830-0030 D.A. Willson Land Company COMMERCIAL & AGRICULTURAL REALTY SERVICES & DEVELOPMENT APPFWSAL, BROKERAGE, CONSULTING REAL ESTATE DEVELOPMENT PLEASE REPLY TO D.ROBERT WILLSON, MAI APPRAISAL LAND USE & ST.CERT.GEN.REA 0001521 LIC.REAL ESTATE BROKER ACQUISITION ZONING CHANGES DISPOSITION CONSULTING 410 S.E. Second Avenue SPECIAL EXCEPTIONS www.florida-landco.com LEASING DEVELOPMENT Okeechobee, Florida 34974 E-MAIL ADDRESS: (863) 763-0999 Fax # (863) 763-1945 drwmai@okeechobee.com September 17, 2002 Mr. Jeffery R. Kennedy Kennedy,L nch & Associates, Inc. 107 SW 17t Street Suite H Okeechobee, FL 34974 VIA FAX ONLY 763-3242 DearJeff: I stopped by this morning and dropped off the new survey dated September 17, 2002 from Almond that now includes elevations. As we previously discussed, I can now proceed with a site plan on my building located at 410 SE 2 nd Avenue. I know that you have a lot of irons in the fire, but I really need to have the site plan and site plan application turned into the City as soon as possible. The City officials have been working with me during this last few week period that I have been awaiting the updated survey. Now that I have it, I would really like to keep this process moving forward. When you get into the office this Thursday, please give me a call and I will stop by to go over all the details. I thank you for your attention to this matter. Sincerely; D. Robert Willson DRW Investments, Inc. CC: Joe Boyd Fax Only 763-1686 WiRson Land Company COMMERCIAL & AGRICULTURAL REALTY SERVICES & DEVELOPMENT APPRAISAL, BROKERAGE, CONSULTING REAL ESTATE DEVELOPMENT PLEASE REPLY TO D.ROBERT WILLSON, MAI APPRAISAL LAND USE & ST.GERT.GEN.REA 0001521 LIC.REAL ESTATE BROKER ACQUISITION ZONING CHANGES DISPOSITION CONSULTING SPECIAL EXCEPTIONS 410 S. E. Second Avenue www.florida-landco.com LEASING DEVELOPMENT Okeechobee, Flodda 34974 E-MAIL ADDRESS: (863) 763-0999 Fax 4 (863) 763-1945 drwmai@okeechobee.com September 19, 2002 Mr. Joe Boyd City of Okeechobee VIA FAX ONLY 763-1686 Dear Mr. Boyd: I assisted Mr. Jeffery Kennedy, the engineer, with a site inspection of 410 SE 2nd Avenue this afternoon. Jeff is now working on the site plan. He indicated he should have several preliminary designs faxed to me early next week. Once received, I will review the fax, and then meet with him again at his office next Thursday to work out the details. At that time, he will start preparing the final site plan for eventual presentation to the site plan committee. If all goes well, I should have the site plan application completed next week. I thank you and the other City of Okeechobee staff for your patience in this matter. I am continuing to work toward meeting your request. If you have any questions, please give me a call. Sincerely; D. Robert Willson DRW Investments, Inc. CC: Mr. Jeffery R. Kennedy Kennedy, Lynch & Associates, Inc. VIA FAX ONLY 763-3242 REAL ESTAT DEVELOPMENT PLEASE REPLY TO D. ROBERT WILLSON, MAI APPRAISAL LAND USE & ST.CERT.GEN.REA 0001521 ACQUISITION ZONING CHANGES 410 SE Second Avenue LIC. REAL ESTATE BROKER DISPOSITION CONSULTING SPECIAL EXCEPTIONS Okeechobee, Florida 34974 www.florida-landco.com LEASING DEVELOPMENT (863) 763-0999 Fax # (863) 763-1945 E-mail Address: drwmai@okeechobee.com September 30, 2002 Mr. Joe Boyd City of Okeechobee VIA FAX ONLY 763-1686 Dear Mr. Boyd: I just received a preliminary site plan from Mr. Jeff Kennedy from Kennedy, Lynch & Associates. Inc., outlining how onsite parking can be arranged on the property located at 410 S E 2nd Avenue. There appears to only be one option, making my decision easy. I gave him the go ahead for the full set of engineering details which addresses all of the components as outlined in the LDR's. Mr. Kennedy indicated that the full set of plans, along with the application that he also prepares as part of our contract, would be ready for submittal next week. He has placed a rush on this assignment. All I will have to do is sign the application, and submit everything to your office. I do not see any reason at this point for a delay. If any problems do however arise, I will notify you immediately, Again, I thank you and the other City of Okeechobee staff for your patience in this matter as I continue to work toward meeting your request. If you have any questions, please give me a call. Sincerely; Robert Willson DRW Investments, Inc. CC: Mr. Jeffery R. Kennedy Kennedy, Lynch & Associates, Inc. VIA FAX ONLY 763-3242 T K17 D.R.Willson Land Company COMMERCIAL REALTY SERVICES & DEVELOPMENT APPRAISAL, BROKER -AGE, CONSULTING REAL ESTATE DEVELOPMENT PLEASE REPLY TO D. ROBERT WILLSON, MAI ST.CERT.GEN.REA 0001521 APPRAISAL LAND USE & LIC. REAL ESTATE BROKER ACQUISITION ZONING CHANGES 410 SE Second Avenue DISPOSITION CONSULTING SPECIAL EXCEPTIONS Okeechobee, Florida 34974 www.florida-landco.com LEASING DEVELOPMENT (863) 763-0999 Fax # (863) 763-1945 E-mail Address: drwmai@okeechobee-com October 2, 2002 Mr. Joe Boyd City of Okeechobee VIA FAX ONLY 763-1686 (2 pages) Dear Mr. Boyd: Here is a copy of the preliminary site plan showing the parking area (drainage calculations, landscaping, etc., are not yet complete). Again, the entire application with full sets of engineering will be ready for submission next week. Just thought you might need proof I am working on it and that my word is good. If you have any questions, please give me a call. Sincerely; D. Robert Willson DRW Investments, Inc. CC: Mr. Jeffery R. Kennedy Kennedy, Lynch & Associates, Inc. VIA FAX ONLY 763-3242 V I—N �00 80 15' A�LEY 100.79 100.7c) N89*59'24"E 7 loo'bo 2210' 7,9, 8.70, 'P. C014CREII q C..4 1 STORY Sl COI CRLTE BLOCK .9 IDLNCE J�Es JISH FLOOR C014CR[Tk z ELE,VATION=iOl.',- - ld�� 44' 398 4,03- no 1,911 sq.ti. — wu C14 10�11. 2.04' t,� p; 13,20! 100.21 0 100.74 0 26.40* 0 (n .4. w Ln 100,09LU I w co Do 2,4 to "61 11 I I IDD51 Ilk WELL af w M, S89'6 2'4 1 'W 94.66 SPRI14T UP op U 1.00 100.4� 0, 1 a EME Or 90' ASP PAYNENT, R /w 129j59' SE H TREET 4-- 1'.10 i785—� 14 1 -W FdRMEkLY F(jURTH STR�ET 1-IN WV D.R.Willson Land Company COMI�MCUL REAM SERVICIES & DEVEWPMENT APPRAISAL, BROKERAGE, CONSULTING REAL ESTAT DEVELOPMEN PLEASE REPLY TO D. ROBERT WILLSON, MAI ST.CERT.GEN.REA 0001521 APPRAISAL LAND USE & ACQUISITION ZONING CHANGES 410 SE Second Avenue LIC . REAL ESTATE BROKER DISPOSITION Okeechobee, Florida 34974 www.flodda-landco.com CONSULTING SPECIAL EXCEPTIONS LEASING DEVELOPMENT (863) 763-0999 Fax # (863) 763-1945 E-mail Address: drwmai@florida-landco.com February 21, 2003 Mr. John Cook City of Okeechobee 55 SE Td Avenue Okeechobee, FL 34974 RE: Site Plan Review Dear Mr. Cook: I received your letter dated February 18, 2002 in regard to my site plan. The original date for the site plan meeting was moved back a week, to a day that I could not attend. I did arrange on short notice to have Jeff Kennedy there in my absence. I have not received anything in writing as to the results of the site plan meeting, so I have been working blind. I thank you for your consideration of several issues raised during the site plan meeting in regard to the parking lot permit as outlined in your letter. In regard to the proposed setbacks (front and side), my reason for requesting a variance was to attempt to work around five mature palm trees. According to Jeff Kennedy, it is my understanding that the variance was actually granted at the meeting, however a permit was not issued. I have now engaged the services, in addition to Jeff Kennedy, of Michael Grzelka, PE to assist on a redesign. Michael is a senior engineer with Kimley-Horn, and specializes in land planning, development and traffic issues. He has looked over everything I have, and has been brought up to speed. Michael has requested that I ask you to setup a meeting with everyone from the city involved with this permit application (including you if possible), while I gather Jeff, Michael and myself to meet at the city's convenience. At this meeting I am conjjj&t that we can address any remaining issues, allowing Jeff to produce a final site pl%* will satisfy all concerned. Please give me a call (76V have been placed under a ti this matter and look forward D. Robert Willson, MAI as soon as you are able to arrange a time to meet, as I instraint. I want to again thank you for your attention to kone working together for this permit.