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2003-06-03 Regular552 CITY OF OKEECHOBEE JUNE 3,2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE I OF 6 1. CALL TO ORDER - Mayor: June 3, 2003, City Council Regular Meeting, 6:00 p.m. Mayor Kirk called the June 3, 2003 Regular City Council Meeting to order at 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Jim Hudson; Invocation was offered by Pastor Eddie Lamb of the Church of God in Pastor Hudson's absence; Pledge of Allegiance led by Mayor Kirk. III Mayor Kirk led the pledge of allegiance. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE -City Clerk. Ill City Clerk Gamiotea called the roll: Mayor James E. Kirk Present Council Member Noel A. Chandler Present Council Member Lowry Markham Present Council Member Dowling R. Wafford, Jr. Present Council Member D. Clayton Williams, Jr. Present City Attorney John R. Cook Absent (with consent) City Administrator Bill L. Veach Present City Clerk Lane Gamiotea Present Deputy Clerk Adriana Berry Present IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim June 20, 2003 as "National Small Cities and Towns Day." Mayor Kirk read the following proclamation in its entirety, as follows: " WHEREAS, small cities and towns under 50,000 population constitute the vast majority of municipalities acrossthe United States; andWHEREAS, small cites and towns provide opportunities which allow millions of people across America to lead better lives; and WHEREAS, small cites and towns invest in their communities through the provision of services and programs wh1ch Improve the quaRty of ffe for an cItIzens; and WHEREAS, the federal government Is a partner in' investing in small cites and towns, and must be encouraged to continue to support programs and legislation to strengthen communities; and WHEREAS, state governments are partners In investing in small cites and towns, and must also be encouraged to continue to support programs and legislation to strengthen communities; and WHEREAS, organizations, businesses, and citizens are partners in investing in small cites and towns, and must be encouraged to continue to support efforts that make their communities better places In which to live; and WHEREAS, during these challenging economic times, the need for a renewed JUNE 3,2003 - REGULAR MEETING - PAGE 2 OF 6 553 IV. PRESENTATIONS AND PROCLAMA71ONS CONTINUED. A. Proclaim June 20, 2003 as "National Small Cites and Towns Day" continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Acton for the May 20, 2003 Regular Meeting. VI. AGENDA - Mayor. intergovernmental partnership to support essential public services is more important than ever; and WHEREAS, the Board of Directors and the Small Cities Council of the National League of Cities have declared June 20,2003 as National Small Cities and Towns Day; and WHEREAS, the Small Cites Council of the National League of Cites has challenged all cities, towns, and villages across America to proclaim June 20, 2003, as National Small events in local schools and community centers - on that day which highlightthe different ways in which thefederal government state governments, organizations, businesses, and cifizens partnerwith small cities and towns to invest in their communities and betterthe lives of all cifizens. NOW, THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim June 20, 2003 as "NATIONAL SMALL CITIES AND TOWNS DAY. " The proclamation was forwarded to Administrator Veach. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Acton for the May 20, 2003 Regular Meeting; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. III New Business Item C was added to the agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 111 MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:18 P.M. A. 1. a) Motion to read by fitle only proposed Ordinance No. 825 regarding a Council Member Watford moved to read by fifle only proposed Ordinance No. 825 regarding a Future Land Use Map Future Land Use Map amendment, changing the land use amendment, changing the land use designationfrom Multi-Familyto Commercial located at5l 0 Northeast 2" Avenue; designation from Mult-Family to Commercial located at 510 seconded by Council Member Markham. Northeast 2 nd Avenue - City Attorney (Exhibit 1). 551 JUNE 3,2003 - REGULAR MEETING - PAGE 3 OF 6 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 825 by title only. Mayor Kirk read proposed Ordinance No. 825 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635ASAMENDED, BYREVISING THE FUTURE LAND USE MAP; PROVIDING FORINCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE 11 DATE." 2. a) Motion to adopt Ordinance No. 825. 111 Council Member Markham moved to adopt Ordinance No. 825; seconded by Council Member Chandler. b) Public Comments. III Mayor Kirk asked whether there were any questions or comments from the public. There were none. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No.03-004-SSA was submifted by Anselmo and Mary Anne Madrigal who is also the property owner. The request is to change the designated land use from Multi -Family to Commercial on Lot 6 and the West half of Lot 5, Block 89, City of Okeechobee subdivison for the purpose of operating a business, which would be defined as a gift shop. The Planning Staff Report reflects the following findings: Changing of the lots from Multi-Farnily to Commercial, would not be consistent with current land use policies since there is no evidence of a neighborhood change. The current property would be limited to meet parking requirements and adequate control of traffic flow. The proposed Future Land Use change, if approved, would be allowing Commercial uses into a block that is fully residential in nature. The buffer between the Commercial use to the West fronting Parrot Avenue would no longer be present Policy 2.1 of the City's Comprehensive Plan allows a variety of uses such as office, retail, automotive wholesale and related commercial activities within the Commercial Future land Use category. If the proposed map amendment was approved, any of these uses could be allowed. The impactwould be detrimental in a residential neighborhood. Based on these findings, Planning Staff does not recommend approval, JUNE 3,2003 - REGULAR MEETING - PAGE 4 OF 6 0011111VIL ACM VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPT10N CONTINUED. A. 2. b) Public Comments continued. The Land Planning Agency considered the application at their May 27, 2003 meeting and recommended approval to the City Council by a six to one vote. City Planning Consultant Jim LaRue was present to address the Council, he stated that a rezoning application will be required, at that time the density of Commercial could be determined. There are various issues which will be resolved during Site Plan with the Technical Review Committee. Mr. LaRue noted thatthe Council mightwantto considercreating a Commercial/Residentiall district. Where you retain the "residential" look but the use is "commercial." Mr. LaRue also suggested, and the majoft of the Council agreed that for this area, on!ythose lotsthatface Northeast2ndAvenuevAll be considered for Commercial land use and rezoning changes at this firne. VOTE KIRK - YEA c) Vote on motion. CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING -Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:18 P.M. VIII. NEW BUSINESS. A. Discussion related to City/County Membership on Boards - Council Member Watford addressed the Council stating that during the previous appointment to the Planning Councilman Watford. Board/Land Planning Agency/Board of Adjustment/Design Review Board he noted the appointmentwas a residentof the County. He voiced his concerns with the amount of City residents that were on the Citizen Boards. After reading the information suppffed by Clerk Gantio a regarding City-Cou" residences appdnted to City Citizen Boards, he 11 was of the opinion that a greater percentage of City residents should be mandatory. There was a brief discussion between the Council and Staff. The Council instructed Staff to research how this is handled in other cites, what methods would work for the Cily, and bring it back in Resoluflon form for the Council to consider. 555 JUNE 3,2003 - REGULAR MEETING - PAGE 5 OF 6 -*I , i J . l� 11 E 6 ' 1 1� I I � � 1 " � �' I � ; vi j' #' I VIII. NEW BUSINESS CONTINUED. B. Discussion related to the July meeting schedule - City Administrator Mayor Kirk addressed the Council noting that he would not be able to attend the first meeting in July. Administrator (Exhibit 2). Veach stated that there were no pending matters for the agenda, FolloyAng a brid discussion Council concurred 11 to cancel the July 1, 2003 meeting. The next meeting is scheduled for July 15, 2003. Added Item C. Motion to adopt proposed Resolution 03-5, Intedocal Agreement Council Member Wafford moved to adoptproposed Resolution No. 03-5 pertaining to an Interlocal Agreementwith the with the Department of Transportation - City Attorney (Exhibit 3). Department of Transportation for installation of guardrails at Southwest 12" Avenue and North Park Street, seconded 11 by Council Member Markham. Mayor Kirk read proposed Resolution No. 03-05 by file only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; (FDOT); AUTHORIZING JOINT PROJECT AGREEMENT FOR THE CONSTRUCTION OF GUARDRAILS ON SOUTHWEST 12 TH AVENUE IN THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR EXECUTION THEREOF BY THE MAYOR FOR THE CITY; PROVIDING FOR AN EFFECTIVE DATE.90 There was a brief discussion regarding how far on the guardrails would be installed. It was explained that the cost of the project is eightthousand, five hundred seventy-five dollars ($8,575.00) and the guardrails would be installed along 12" Avenue as far as this cost would allow. This project is at the expense of the Department of Transportation. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JUNE 3, 2003 - REGULAR MEETING - PAGE 6 OF 6 557 IX. ADJOURN MEETING - Mayor. Please take notice and be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. James E. Kirk, Mayor A 'ST: TTE Lane Gamioted, G4 Clerk There being no further items on the agenda, Mayor Kirk adjourned the June 3, 2003 meeting at 6:39 p.m. crty OF-OKMN013EE -June 3,2003. REGULARCItY ffmel-"Vjik� ARNIM I. CALLT00pM.jbVW KENN %2%priMMONIES.- elddit, Lap& n PaStQr-jiww--d-mn give b IN, MAYOR9 COUPM�= ATTEN E. C1tv Cr&* - - MaY%JaflM E. i(irk Council Member Noel A. Chandler coundWeftftt Lowry Markham Council Member DoWling R, Watford, Jr. C66nal-Member Clayton Williams Ply AWmey John R. Cook City Administrator Bill L. Veach C#Y C181k Lam Garniotea Deputy Clerk Adriana Berry - I I PAGE 4- 'V- PRESMATIONS AND PROC1LAMATIONS - Mayoi% 'Mou�, kui-k 4-LL . O-UOIX) cu-j� c' a- - A. 0-6 )fVL7 Pfocldm Jurw 20,2003 as "Nadonal Small Cffies and Toven Day.5 I WHEREAS, small cities and' lovffis wxW 50 ON POP"memsWuL-te vast nW* ofuntoafts across the'Unied States;- and WHEREAS, small cities and towns provide opportunities which allow mftm of Wple across America to kW baler Ww, aid WHEREAS, small-cfts - wd lova krmst in fK*-C-0- m m-u n-l-fi-es - "-fi- t-he-- pr o-v-- isio n of serviem arid programs which improve the quality of ffe for all citizens; and WHEREAS the bderal a partrior in jivvetting in smagcles and lowns, wid- must be encouragedjo continue 10 %Wrt program and legislation to strengthen comnitinifies; and WHE stale govemm" are piIiIheffin-mvesting in small cities" and towns, and must also be en- wuiraged to continue to support p"ra,!� and.legislation to strengthen commurojes; aWWHEREAS, orgawAons. businesses, wd citizens are partners in investing in small cifies and towns, and must be encowa* to continue to tuppolt eff(Pt t -0 make #WCOmMOVES-b0arplacesawhich tolwaW MqtE#4dtirjng Wmor* times, the need for a renewed intergovernmental partnership to support essential public services Mor"11p00AWthanW.WWK1REAS, lhe4loWof Dh?cbm and the,Sma# CM& Coundof the National League of Cities haw declared June 20,2003 as National Small Cities and Tqwns Day; and WWFtW, the Small CVj% Coundof ft Nati" league of QWs tun chAWW all cities, bwis, and villages across Affierica to proclaim June 20,2003, as National Small Cities and Tom Day, and to conduct aclivitiw- such as , conkfences-, pubk service announcements commix* centers - on thatday which highlight the Ovent waysin which tie *&erd government stale oMn�s I -organtMM I -bUSkVjSsesj and QtM- P~ VA I S1 Ild aWbNM-tokffledinth& - =..S&s arid better the ms of all citizens. NOW, THEREFORE, 1, James E. l(irk, by virtue of the 4�vesled in 'm e- as 'Mayor of the City of Mbad�, do h6ffty Poelain am 201,20ais VA TOM &*ALL CMES AND TOWNS DA Y V. MINUTES - City Clerk A. CouncilMember 0, rrioved'to dispense with the reading and approve the Sumrrpry Coindt-AC11000-the May 20,2003-RegularMeeft, bt-C�il Member I-L� VOTE '--YU MAY MOVAIN ASURT KIRK CHAMUM MARKHAM WATFORU-- wiLLIAMS A A - I. ;V IRAI WWI I ILPM -PI, I AL17 %p A moved to read by fide onlrptlymed OM nwee No. M nefeling-ft— Fuhxe Land Use Map amendment changing the land use designation from Multi -Family to Normeast 711 Avenue - City- Affiffie-y- (Ekh 1); 0 by- Cou-n-ff-- Member LM c) Wposed Ordinance No. 826 by W only as follows: 'AN ORDINANCE OF VECITYOF OKEECHOBEE. FLORDA. AMENDING THF 417YOF OKEECHOBEE WOMHENSIVE PIM, ORDINANCE NO. 635 AS MAENDED, BY REVISING THE FUTURE A APS Uld. M &W, PRMWING FOR INGIAISION OF ORDINANGE AND REMO FUTURE — LAND USE MAP IN THE COMPRBiENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." --�OW,,Icd, Member moved to adopt Ordinance No. 825; seconded by Council Member b) Pubic Cornments. 1A horyLt 4 c1q .64, 0-pp-NLI ja Oalloo-o , n cL - �,O dln ak-01 0- A�*6al &a,& r /L A -ri —2- w-i'd 0'a o�) -1)h -0 M-t&IL4�7 -&a -&f �-k V 11-4, R�17 4p i. D fVQ 0 11 1 IM S�611"' I L d 01 c) Vote on motion. V07— YIEA- *0 AUTAK - - A&SW KIRK ViAHUR MARKO* W-AT-- WILLZ MOTION -I)ENIIED., (%.I em i4;:AR*jr. uAynR n M I-- . 1 PAGE 4- VOL NEW BUSINESS - "or. A. -Dbqpssion relmW to CkyfCounty Meinbershipon Boards -,CouncN=n Wadbit jz-4� at 0 Cl �6 Lp Lt Lcw_ Lit, iv -C " 4� --- OA- �kk_L V:5uco'�� 4t c�r pi c-liLL 4,,. ajoL pui�� pjJjD_p4 a/w Ou 40C� jr3Wk� xu 4,-) c)cq w&uw) L-� uc c jo- �c -bus tx�-Dm, Add-�J- ro o�.-�. -I Allval 1:12, L[r) ymqvt Gu( gcol pvlvc�d Lia�- LIJ�U'/-7 LL4ZkZ f)(,4 -hCbd Y,at,,j [oaf t 7r C-�� v nos/ itk( 5-�CWIUAd M(l T- 0,C VC 39 %JF%JJr_M - Mayor: r i i r ii-, - June 3, 2003, City Council R)gular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Fastorh�� PLQdee,of- ience ledby Maor. ft _MA_YW At4l) STAFF ATTMANCE. Mi v mark May6-r-i-arnes E. - - Kirk .0mcil-Member-Noel A-Lhandler Council Member Lowry Markham -Gicene"Aembef DewftR. Watford, Jr. Council Member Clayton Williams VtYAVMYY-J0Nh -R. Cook _City Administrator Bill L. Veach Oty Clerk Lane Gamiotea IV. __ PRE - S - E N - TATIONS AND 'PROCLAMATIONS - Mayor. A. Proclaim June 20, 2003 as "National Small Cities and Towns WHEREASwaLcitiesand towns under 50,000 population constitute the vast majority of municipalities across the United States; and WhIgREAS,_4pjall cities__@nd_tQwn$..PTovide opporturkes-which-al1ow millions of people acrois America to lead better lives; and WHEREAS, small cities and towns invest in their communities through the provision ntsenkeaand-programs which improve-the-quaW ofl& for aU citmens; aM41,16REAS, " federN government is a partner in investing in small cities and towns, and must be encouraged to continue to 1. -to *"ion partners in investing in small cities and towns, and must also be encouraged to continue to support --9F0gfaA)&,aAdJegishitioff tos#engtheneomimunittw, andVVI-IEREASorgarrizations, businesses, and citizens are partners in investing in small cities and towns, and must be encouraged to continue to support --effons 1.1,18L Make Weircommurritie"ette, PIaMinNftch-totNe;-antIWHEREAS, duflrfg-Me chaVeriging- economic times, the need for a renewed intergovernmental partnership to support essential public services is mmmimportant-than ever,, and WHEREAS- the-Board-OTDiratort-and"ft SmaR Cities C65-hcif of"the National League of Cities have declared June 20, 2003 as National Small Cities and Towns Day; and W H E R E )A�*; -Sffial1CrMesCouhtif of ft Nati6ii-Y-Lda-aJ46 of Cffil es �6 s- c-ha I I- e-n-g-e-d all c-iti—es, to w n'- s, and villages across America to proclaim June 20, 2003, as National Small Cities and Towns Day, and to 66hdu_cT8-cT1VTM6s -- su-6h'as' h e,ws- 66 riference's, p tublic- service announcements, and events in local schools and community centers - on that day which highliq _kt the different ways in which the fed@y,11 -avemmerd, state governments, organizations, businesses, and citizens- pait-ne'--r-w-i-th small"cit-i-esand towns to invest in their communities and better the lives of all izeiis.-NOX-THEREE0 __ ___ - _ q1t RE,_l,.James__E. Kirk,bV vidue of the. authority vested in me as Mayor of the City of Okeechobee, do here y proclaim June K, �003 as "MMONAL-MLL vmsm -T.OWMS- DAY- n+ +0 V. MINUTES - City Clerk. Council Member moved to dispense with the reading _and approve the Summary of C�o�ffc-il-Act—io'-n-f-or-f-�6-94-:�0,- 260-3 Regular Meeting; seconded by Council Memb-er-T LO VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM _'WAT11 WILLIAMS MOTIO =ARR[M> --- DEW50- AiG E _ND A--.. M a y o- r. ryj --- Qi-q- _?�7T -n "N 4 _'Y-�. V_�? r�W UJ CU-0;_ u U P( LA 10 pu dcy jaqwe" 1punoo Aq p9puooqs,9z9 'ON aoueupo 1dope ol PGAOW jeqwaVy I!ounoC) (e-Z ..'3JLVC] 3AII33AA3 N -N)t-IdWSN3H3N,4WO33HINIdVw:isa,--.-- aNvij9'naJ'd_j I"jiONV33NVNIallOJONoisniONIZIOADNIaIAOHd!dVW3snaNVI 3SWA_:IHI �s',mUMV-"m' 3M. 00% MLI W"L 1 (] � I () 3AI9N3HRId 3380HO33)10 JO A113 3HI E)NiaN3WV vaiHoij'3380H333NO JO A113 3HI pl() ptitsumu PET, 00 (131N3a -low atiojivm WYH)IkIVW NNN LNMQIM NIV Ltiglf Aiflqm_V�- Aluo 9jj!j Aq Apeej ol uollow UO GIOA (q punbo �40 p1poobs .,(� ii qI GuJOIJV 1!0 - anUGAV puZ IS884PON Mg 18 P918001 jelojawwoo O1,AI!Lyef!I.fqvq__WOjjup9pu6is _9sn.puqaLU6uj ';UG.WpuaWe__deW_asRpu'Ej_aqn P-P _6u_e_43 4- PJB60J 9Z9 'ON Goueupo Pasodoid Aluo alig Aq peei ol paAOW JaqwaVy pounoo (v�y Wd JOAM - N011dOCIV :11)NVNIn)4n mni nKinjwmLI 0%1_115n A &J-1 A^ .1. A o(A. r U!5i C �pp C P13, U-S CCG U Rk� .05 -1 d,W i T c s -t- Dn exatci apocj Pc) r'OrSideAl so m-p- fl-)a+ oan Df cc c� pco'�+ COMe- U_p o_)/. on n WI -I h r r C14 , I:Q�o Sump Q_ rosL)tah On PI_O_cjl?_cU/7Q_� V�a\ 'Sofne4-h I J1 to Y-q mQ-mbj2-r b(2A _Q 4- 13LAJ C f n c), cl 64S PV of, , I- 't, tr lerry). h C4 like h.�,sC42�, 1 lc�.o '410 f nc4j (),r/ c- r\ , 9) In Q_ J:�� Lo '�'o C-Q. i n - �00r PI(O ae ct" r e, VjL, r) �,Jgh n a u rpo, �j ir- - se trf0(rflf)er, - RLP) C�_ Soe 41t'j-0 ect/7 0��- I - hero, �3-lc, DW, m)s.5 UXIQI i0l.A Q&&� trj2-.P n-A 0 GI CA.) 1� AFFIDA 'IT OF PUBL. HER '—%� OKEECHOBEE TEVIES 106 S.E. 5th St., Okeechobee2 FL 34974 C I MC0UNMMWrrMNa="'!' NMMt5Hk0iI&ByGM�=i Cky atom&" Cky COD" (863) 763-7283 tm Published Weekly STATE OF FLORIDA PLIK&ASS Civ ADVVISMID V COUNTY OF OKEECHOBEE: " Y'ai. i—'Willilw id . 11 Before the undersigned authority personally appeared J.W. it aw f; pb'"Ay VII&M 11, Owens who on oath says that he is p ublisher of the Okeechobee Times, at Okeechobee in Okeechobee, Florida: of as'pw"Olit 1h*=dis**,�*b6 -T*G* a newspaper published weekly fkm that the attached copy of advertisement, Pn-:ff1')Q1A M,("',wid 29 being a 121 IRI Ic U01,11-r- NOTICE in the matter of k CITY OF OKEECHOBEE Pt 163-763. 72 X 214; If D I 55 SE THIRD AVENUE bp LAM I C1111 OKEECHOBEE, FL 34974-2932 Pus 0 TMZ8 941-763-3372 In the Court, was published in said newspaper in the issues of 0.5.129.49003 Affiant further says that the said Okeechobee Times is a newspaper in Okeechobee County, Florida, and published at Okeechobee, said that said newspaper has heretofore been continuously published in A, 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, LU in said Okeechobee County, Florida, for a period of one year next CN preceding the first publication of the attached copy of advertisement; he has neither paid nor promised any and affiant further says that person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. IT L1. TW. —0wens, (Pubirsher) Sworn to and subscribed before me this 1�1 �/—�.day of A.D. 2003 (SEAL) RY P& OFFICIAL NOTARY SEAL Notary Public —,,1' 49, ROSEALFE A BRENNAN COMMISSION NUMBER CC 940770 w MY COMMISSION EXPIRES OF V, JUNE 252004 IV. CITY OF OKEECHOBEE JUNE 39 2003 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 2 CALL TO ORDER - Mayor: June 3, 2003, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Pastor Jim Hudson. Pledge of Allegiance led by Mayor. 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 PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim June 20, 2003 as "National Small Cities and Towns Day." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 20, 2003 Regular Meeting. JUNE 3,2003 - CITY COUNCIL AGENDA - PAGE 2 OF 2 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIL OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.La.) Motion to read by title only proposed Ordinance No. 825 regarding a Future Land Use Map amendment, changing the land use designation from Multi Family to Commercial located at 5 10 Northeast 2' Avenue - City Attorney (Exhibit 1). b) Vote on motion to ready by title only. C) City Attorney to read proposed Ordinance No. 825 by title only. 2.a) Motion to adopt Ordinance No. 825. b) Public Comments. C) Vote on motion. CLOSE PUBLIC HEARING. VH1. NEW BUSINESS - Mayor. A. Discussion related to City/County Membership on Boards - Councilman Watford. B. Discussion related to the July meeting schedule - City Administrator (Exhibit 2). IX ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such 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. -M66dh be Rrid 6 e, 6 a ifl F-44_�ities and towns under 50,000 population constitute the vast majority'of swes and j�n*ll cities and towns provide opportunities which allow millions of people acrosgAther-10 st *'I cities and towns invest in their communities through the provision of services and 01�-.'.,jmprovebe quality of life for all citizens; and 'ASI the federal government is a partner in investing in small cities and towns, and must be continuelo support programs and legislation to strengthen communities; and ,-,,,,REAS, state governments are partners in investing in small cities and towns, and must also be encouraged,,. continue,tO support programs and legislation to strengthen communities; and VHEREASI orpnizations, businesses, and citizens are partners in investing in small cities and towns, and must be encouraged to continue to support efforts that make their communities better places in which to live; and VAMREAS,,duong I these challenging economic times, the need for a renewed intergovernmental partnership to'suppori e�sentiafpublic services is more important than ever; and W.IAEREAS, tho'Board of Directors and the Small Cities Council of the National League of Cities have d6claredJufte 20, 2003 as National Small Cities and Towns Day; and REAS,'the Small Cities Council of the National League of Cities has challenged all cities, towns, and villages:' vt, " across America to proclaim June 20, 2003, as National Small Cities and Towns Day� and to iopoduct'activitios such as news conferences, public service announcements, and events in local schools and communiiy� that day which highlight the different ways in which the federal government,:4k�tate to V t e or izations, businesses, and citizens partner with small cities and towns in es in th ir 0 tl* lives of all citizens. TMREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City'ofOkw ...,—"do hereb� proclaim June 20, 2003 a T SAL4LLCITIESAND TOWNS DAE","". in Wh keye h k dandc A& Sed est: I �Yv� AtN �N�', e_,� ExHIBIT 1- JUNE 3 AGENDA ORDINANCE NO. 825 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING TH13CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFfECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part 11, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; BE IT ORDAMED by the City Council of the City of Okeechobee, Florida as follows: SECTION I SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment", pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2 AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11, Florida Statutes. SECTION 3 REVISIONS To THE FUTURE LAND USE MAP. The following described land is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 03-004-SSA, from Residential Multi-Farnily to Commercial. The Legal Description of Subject Property is as follows: Lot 6 and the West half of Lot 5, Block 89, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Page 1 of 2 SECTION 4 INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5 SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6 EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 825 shall be thirty- one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 31 day of June, 2003. ATTEST: Lane Gamiatea, City Clerk ADOPTED after first reading on the 3rd day of,,Lune- 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James-E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 Staff Report — SmaIMSCM-11e nd Use Amendment From Mulft-family to Commercial Petition No. 03-004-SSA Preparedfor: The City of Okeechobee IN Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Anselmo and Mary Anne Madrigal Petition No. 03-004-SSA I General Information I Owner: Anselmo and Mary Anne Madrigal Owner Address: 1788 SW 8 1h Street Okeechobee, FL 34972 Owner Phone Number: 863-462-5087 Future Land Use Map Classification M111111MM%11� Multi Family 7ily Commercial Zoning District Multi-Fam To be done at a later time if a Small Scale amendment is approved Existing Land Use Residential n/a Use of Property Residential Commercial Acreage 0.241 Density I Access I - Location: 5 1 ONE 2"' Avenue Legal Description: Lot 6 and the West half of Lot 5, Block 89, Okeechobee, according to the plat thereof recorded in Plat Book5, Page 5, Public Records of Okeechobee County, Florida. Request: The applicant is seeking a Future Land Use Map amendment requesting a change from Multi -family to Commercial for the above described property. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Single -Family RSF-1 Single Family, Residential Single -Family RSF-1 Residential duplex apts. Multi -Family RSF-1 Duplex apartments Commercial (PAGE I X Staff Report Applicant: Anselmo and Mary Anne Madrigal Small -Scale Comprehensive Plan Amendment Petition No. 03-004-SSA Zoning District: CHV (Heavy Commercial) Existing Land Use: Vacant (future site of bank) The property that is now currently in the Multi -Family Residential Future Land Use category, should remain under that category as the surrounding area is residential in nature not commercial. It also has been a relatively short time since this block was changed from Single - Family Residential to Multi -Family Residential in Future Land Use. More time should pass before contemplating another change in land use. This block is showing a stable residential character and should remain that way at this point in time. I Comprehensive Plan Analysis I A. Consistency with the Land Use Categories and Plan Policies. It is hard to justify changing V/2 lots to Commercial after amending almost the whole block to Multi -Family a few years ago (Lots 7 & 8 were already Multi -family) To change again without evidence of a neighborhood change would not be consistent with current land use policies. B. Concurrency of Adequate Public Facilities The current property would be limited in terms of parking capacity and adequate control of traffic flow in the Future Land Use would change to Commercial. C. Compatibility with Adjacent and Nearby Land Uses The proposed Future Land Use change, if approved, would be allowing Commercial uses into a block that is fully residential in nature. The buffer between the Commercial use to the west fronting Parrot Avenue would no longer be present. D. Compliance with Specific Standards of the Plan. Policy 2.1 of the City's Comprehensive Plan allows a variety of uses such as office, retail, automotive wholesale and related commercial activities within the Commercial Future Land Use category. If the proposed map amendment was approved, any of these uses could be allowed. The impact would be detrimental in a residential neighborhood. I Analysis and Conclusions The request for the map change to Commercial should be denied because it is not consistent with the Comprehensive Plan as noted above. Maps or Diagrams (PAGE ) Staff Report Applicant: Anselmo and Mary Anne Madrigal Small -Scale Comprehensive Plan Amendment Petition No. 03-004-SSA Submitted by: James G. LaRue, AICP May 22, 2003 (PAGE I GO OL.AEECHOBEE B11,11111119 allit Zoning DMpartmene COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Please check one: atdlml,all Scale Amendment (Under 10 Acres) Merge Scale Amendment (Over 10 Acres) Name of Property Owner 0,rVX6,e,(W%m a-,4 ma-c't- k, Ae OVO-1 r L4, CA, Mailing Address ti—s +, 'e—f - Home Telephone b ) 3 -3 Work Telephone Name of Applicant, *If other than owner, (relationship) -5 Applicant Mailing Address Home Telephone 5P, rt\,E Work Telephone 2- - 5-. o8,7 Property Address/Location 5-/o IVC- Property Parcel Number 3 /9-,3 -7 - 3S- - j 0 0 g"7- 0 -00(-0 Current Zoning Designation Current Future Land Use Designation Yv--�kS v \--s -G, Existing Use of the property Proposed Future Land Use Designation k�a AA -A-�M Proposed Use of the Property Size of Property (in acres) Description of Surrounding Propertiesw6± N ort�, (.v-, Legal Description of Property (Lengthy Description May Be Lt) + (, " �-�u kAjfsA I -, 3� L,,+ 1!5- L3 ig 3F5 VICee CAb�, e . 0L,0,-e,6Y-6tt , 50 S' AtAU 1 C', 4- A r-d j &,� 6 k-0 e CX, 6 4. C ceu Required Attachments: • Survey of Property (11 " x 14", 20" Scale) a Application Fee $500.00 • Letter Outlining Request 9 City Location map • *Notarized Letter of Owner's Authorization 311 April 23, 2003 Maryanne Madrigal 1788 SW 8h Street Okeechobee, Florida 34974 (863) 763-8733 City of Okeechobee Building and Zoning Department Dear Sir or Madam: As the proprietor of the real property located at 510 NE 2 "d Avenue (lot 6 and west half of lot 5,, block 89), 1 am requesting a change in zoning from residential to commercial for the purposes of operating a business. The nature of the business could be defined as a gift shop that may Rnolude clothing, textiles, flower/balloon arrangements, and other bric-a- brk- It is my projection that this will be a low -traffic o eration and p 00-lours, should rarely extend beyond 6 p.m.'Also be aware that property has been bordered with 6 foot wooden privacy fence. Y, ary Ma ga Anselmo Madrigal -117 0 loe Joni L And My Commission CC934286 *-4-,'f'Ol*Explr9sMayO?.2004 BOUNDARY SURVEY LOCATED IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY, FLORIDA DESCRIPTION Lot 6 and the West half of Lot 5, Block 89, OKEECHOBEE, according to the plat thereof recorded in Plot Book 5, Page 5, Public Records of Okeechobee County, Florida. SURVEYORS NOTES Subject to easements and restrictions of record. Lands described hereon not abstracted by this office. Underground utilities and foundations are not shown. The description shown hereon was provided by the client and/or his/her agent. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. The surveyor did not interview adjoining land owners for unrecorded deeds or easements. Elevations, if any, are based upon assumed datum. Lands shown hereon are in Flood Zone C, as scaled from FEMA FIRM panel no. 120177 0200B, doted 2-4-81. Address: 510 NE 2ND AVENUE, OKEECHOBEE, FL SURVEYORS CERTIFICATE I hereby certify that the attached sketch of survey of the hereon described property is true and correct to the best of my knowledge and belief as surveyed in the field under my direct supervision. Subject to the qualifications noted hereon. Ta-mes R. Almond, PSM Professional Surveyor -Mapper Florida Registration No. LS5081 2973 SW 3RD TERRACE OKEECHOBEE, FLORIDA 34974-2684 TEL* �863) 467-5700 FAX: (863) 467-6121 I' - 30, 1 89/34 PROJECT N.. 2433 SHEU I OF I MAP OF 80UMDARY Mflqv� �"'46V MAW ponfim loom NE 6TH 7 STREET 71Y R/W ma or I."Rew up m 5/8- P 73."' m ./$- ow Lz IOU 1 Baor . 0 1 �1' 2&01* SURVEY DATE; AUGUST 28, 2001 n" VA 9 WM= MEMM I � LOW, AT 7K SCAU $NOW F W ME�M WMOMY a.�= on Mm" �y Ld b z ILL! z ('4 LLI z 3�_ 0 X72' FMK RUN)D= COMM FRWE SHO � CONCRM LOT 6 WOW P 0 .Mom Ln 0 J C4 V) W LOT 4 '&7v 0.2' BLOCK 89 OKEECHOBEE PLAT BOOK 5, PAGE 5 h OKEECHOBEE COUNTY X FLORIDA 25= w 25&r 7�; To 51r 20' ALLEY I I LOT 7 1 LOT 8 1 LOT 9 PREPARED FOR: MARYANNE MADRIGAL 0 :zc P PLAT Oao� cocom vtom PP ftTat � -TER �A UfLffy POLL L Xv=- "CLE SF SOMW rw MAD. MW P9 PLAT BOCK PC I A a A v 1 9 FT-1 ol .MM FT-1 111HIS HI 9']'N 1 01 6 0 L 111HIS HI /']'N FT-1 11 OT FT-1 F-T-1 �T 11 OT I CITY OF OKEECHOBEE LAND PLANNING AGENCY MAY 279 2003 SUMMARY OF AGENCY ACTION 1of3 A, A ACTION - 1. Call to Order - Chairperson Land Planning Agency May 27, 2003, 7:00 p.m. rVice Chairperson Ledferd called the May 27,2003 Land Planning Agency meeting to order at 9:3 8 P.M. Il. Chairperson, Member and Staff Attendance - Secretary. Chairperson Jerry Walker Agency Member Daniel Creech Agency Member Dawn Hoover Agency Member Thomas Keller Agency Member William Ledferd Agency Member Christopher Mavroides Agency Member Douglas McCoy Alternate Member Sandra Jones Alternate Teresa Sallette Attorney John R. Cook Secretary Carolyn Amold Secretary Katrina Vinson --) III. Minutes - Secretary Board Secretary Amold called the roll: Absent (with consent) Absent (with consent) Present Present Present Present Present Present (serving as voting member) Present (serving as voting member) Present Present Present A. Motion to dispense with the reading and approve the Summary of Agency Action Agency Member Hoover moved to dispense with the reading and approve the Summary ofAgency for the February 25, 2003 regular meeting. III Action for the February 25, 2003 regular meeting; seconded by Agency Member McCoy. May 27,2003 - Land Planning Agency - PagE.2 of 3 AGENDA 7,77 ACTION - DISCUSSION - VOTE, III. Minutes Continued. VOTE HOOVER - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY-YEA SALLET-rE - YEA MOTION CARRIED. IV. New Business. A. Comprehensive Plan, Future LandUse Map Amendment ApplicationNo. 03-004- Jock Robertson representative of LaRue Planning City Planning Consultant, described the SSA. Consider a recommendation to the City Council, to change the land use surrounding area. Mr. Robertson explained that the existing uses consist of stable Residential designation from Multi Family to Commercial located at 5 10 N.E. 2' Avenue. Single Family as well as Multi -Family uses. He further explained that a few years ago this property The property owners and applicants are Anselmo and Mary Anne Madrigal. was rezoned to Residential Multiple Family, which is a good buffer for the Heavy Commercial zoning and Residential Single Family all located within the area. Mr. Robertson informed the Agency that the adjacent block to the west is currently vacant but has a proposed two story bank to be developed in the near future. Planning Staff recommended to the Land Planning Agency to recommend to the City Council to deny the request change the existing Future Land Use Map designation from Multi Family to Commercial at this time, since it does not seem appropriate. Mrs. Vicky Stuart, representing the applicants, addressed the Agency. Mrs. Stuart explained that for over a year her parents have been trying to get this property ready for the proposed commercial use. She explained that her parents have been long time residents of Okeechobee and plan to use this as an investment for their retirement. Mrs. Stuart further explained that she feels with the future development of Big Lake National Bank immediately adjacent to the west that is would be consistent with the commercial uses in the area and requests the Agency recommend to grant the request to change to commercial. There was much discussion from the Agency regarding parking requirements, current buffers between the commercial property and residential properties, and the fact that the area is currently a very stable residential use. There was no further public comment. There was no further discussion from the Agency. AGENDA IV. New Business continued. V. Comprehensive Plan, Future Land Use Map Amendment Application No. 03-004- SSA continued. V. ADJOURNMENT - CHAIRPERSON. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal my decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record ofthe 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. C ity C lerk tapes are for the sole purpose of backup for official records of the Clerk. Jerry Walker, Chairperson ATTEST: Carolyn Arnold, Secretary May 27, 2003 - Land Planning Agency - Page 3 of 3 ACnON -m A&AMSSION - Agency Member Keller moved to recommend to the City Council to deny the request for the Comprehensive Plan, Future Land Use Map Amendment Application # 03-004-SSA based on planning staff s recommendations. Motion failed for lack of a second. Agency Member Mavroides moved to recommend to the City Council to grant the request for the Comprehensive Plan, Future Land Use Map Amendment Application # 03-004-SSA requesting to the change from the existing designation of Multi -Family to Commercial based on the future development of a bank to the west. Agency Member Mc Coy seconded the motion. VOTE HOOVER - YEA JONES - YEA KELLER - NAY LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA SALLETTE - YEA MOTION CARRIED. There being no further items on the agenda. Vice Chairperson Ledferd adjourned the meeting at 9:55 p.m. 6 pm Regular Indepl~ ance Council Meeting Day~____~ 7 pm Code Enforcement Board Meeting 6 pm Regular Council Meeting 7 pm Plan Bd-LPA-Bd of Adj Meeting 1*M A990 70 60/03 AMPA ISNOff 3 RESOLUTION NO. 03-5 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; (FDOT); AUTHORIZING JOINT PROJECT AGREEMENT FOR THE CONSTRUCTION OF GUARDRAILS ON SOUTHWEST 12'"' AVENUE IN THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR EXECUTION THEREOF BY THE MAYOR FOR THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by joint project agreement FDOT has agreed to enter into an inter -local agreement with the City of Okeechobee, Florida, whereby FDOT should authorize the City to advertise for bid, and cause the construction of, certain guardrail improvements at the intersection of Southwest 12*Avenue, and SR 70 in the City, which typically would be within the jurisdiction of the FDOT right of way; and WHEREAS, the project would fulfill a municipal purpose, and the City of Okeechobee is authorized to enter into such inter -local agreements as provided by Florida law; and WHEREAS, the City agrees to the terms and conditions in said joint project agreement, and shall comply with same in the performance of the agreement, and understands the limitations of FDOT in its compliance with the agreement; THEREFORE, it is hereby resolved and approved by majority vote of the City Council for the City of Okeechobee, Florida, that: I The City of Okeechobee, Florida has the authority under to enter into thils inter -local agreement by resolution, and the project would fulfill a municipal purpose for the general benefit of the public, and specifically the citizens of Okeechobee. 2. That the joint project agreement between the State of Florida Department of Transportation and the City of Okeechobee, Florida for construction of guardrails on Southwest 12th Avenue and SR 70 is ratified and approved by the City of Okeechobee, who shall comply with the requirements of said written project agreement, and perform accordingly. 3. That the Mayor for the City of Okeechobee, Florida is hereby authorized to execute said joint project agreement on behalf of the City, and the Department of Public Works and General Services shall perform under said agreement as its terms require, so long as the work is timely performed and the project costs do not exceed the terms of paragraphs two and four thereof, without further authorization from the City. 4. That this resolution shall become effective immediately upon adoption by the City Council at its meeting of June 3, 2003. INTRODUCED AND ADOPTED this3rd day of June. 2003. ATTEST: James E. Kirk, Mayor Lane Gamiotea, City Clerk Reviewed for Legal Sufficiency: John Cook, City Attorney FM NO: 415062-1-5S-01 COUNTY: OKEECHOIBEE CITY OF OKEECHOBEE JOINT PROJECT AGREEMIENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF OKEECHOBEE FOR CONSTRUCTION OF GUARDRAILS ON SW IP AVE SOUTH OF SR 70 This is an Agreement by and between the STATE OF FLORIDA DEPARTN[ENT OF TRANSPORTATION, herekmfter referred to as the 'VEPARTMENT" and the CITY OF OKEECHOBEE, FLORIDA, hereinafter referred to as the "CITY'. WITNESSETH WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program to fund construction of guardrails on SW 12th Avenue South of SR 70 in the City of Okeechobee under FM Number 415062-1-58-01, hereinafter referred to as the "PROJECT"; and WHEREAS, said PROJECT is on the State Highway System, is not revenue producing and is contained in the tentative Five Year Transportation Plan; and WHEREAS, the CITY is willing to undertake the PROJECT and the DEPARTMENT is willing to compensate the CITY for costs directly related to the construction of the PROJECT as described herein; and WHEREAS, the CITY by Resolution, dated the — day of 2003, a copy of which is attached hereto and made a part hereof, has authorized the Mayor/Chairperson ofthe City Council to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement the parties agree as follows: I . The CITY agrees to undertake the construction of the PROJECT and the DEPARTMEENT agrees to pay for said services, as stated in paragraph 4 herein, provided they are performed in accordance with the DEPARTME'NT's specifications and the terms and conditions in this Agreement. - 2. The PROJECT consists of construction of guardrails on SW I e Avenue South of SR 70 in the City of Okeechobee, Florida. Said construction ofthe PROJECT shall be completed on or before September 30, 2003. Cd (D AD v 0 ro, W P4 .0 jq V :11 C) P, 0 0-40, .0 (D 0 En 10 ul CA En 0 4) 0 qu E 44 > "S ID 06 -0 10 r� f, R "0 "9 rn 0 0 bo 64 (D 0 -'0 (D = 4) 0 (D 0 'o 60, Q to 0 1) (D (D 4) 10 Q) (D 0. 1 0 o cd :3 "a 0 >D C, 4, 0.0 O."S 0 0 En . 'g j- '5 4) v ID So. (D 0 0 (L) 4 W, .0 6 0 .'O'z .0 w 4) C: gn -0 0 q) 4) Ln CD .0 -0 ID 4- (D Cir4 .40 -0 td 0 v 0 td 0-0 S) Cd lig 0 '0, 0. 0 0 4-4 0 6. -0 -0 0-0 0 > 0 0,0 :, (.D S CD 'tl 0' 0 CI� 0 p u zo "51 c d 1 4 US d) � § �s v (D (1) C's "0 0 * r. .2 rn 0 -(D >% 0 P, , g � � I *g 0 4- 40. Od U (S) & - (1) 0 (D IUD' (L) UO' ro. co > " . �z -4 a -0 uw " Cd *4:1 '49 2 -"� g '0 El "9 N U) W c6 0 0 .0 ID 0. u Ei 0. 0 0 ;= � 4) cd Id. , 0 0 p Cd ID 'p I " 5� C" -00 "4. 0 >.t tra L) 0 0 u -M 20 'o > 0 -4= .40Z 6. (D tQ 001-0 Cc: 0 '0:3 ID (D d) cd tcl 0 r. d) 0 cd "a 0 0. =C" .'s 0 I'D5 (D 4) n 6(D' ON 0 0. u 0 n -(D z (D Cd 0 > CO WID 0. ID o (D a z A 0 "04) cd '1� U .0 Ou tD d 00 .2 ow W 0 '0' -0 L) m 0 40, U 0 -w -0 P4 -a pq .2 '.0. 0 "0 -08 -c4 (OL). (D 0.0 :t:: V) 40, 0 En 0 > 0 1 r. P.4 0 0. 0 0 o .1z ' r. (z I 's 0 0.0 g r, -,.r:3 9 ;a - I T W (D 0 0 +.; -a 1 0 -.0 (L) "a '06 g -t 134 W-4 1-11 1:1 +1 -., 2 t20 El 0 ul t 9 Z 4� 0 4� 0) r. w ID �F *E�'w 0 0 en .40 .00 UO3 1.6 00 -0 w U 404 0 C14 DEPARTWIENT should be aware of the following time frame's. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. (f) If a payment is not available within 40 days, a separate interest penalty at the rate established pursuant to Section 55.03(l), Florida Statutes, per day Will be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (1) dollar win not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. (g) A Vendor Ombudsman has been established within the Department of Financial Services. The duties ofthis individual include acting as an advocate for contractors/vendors m&o may be experiencing problems in obtaining timely payment(s) from a state agency. Tke Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, I - 800-848-3792. (h) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period ofthis Agreement and for three years after final payment is made. Copies of these documents and records shall be ftu-nished to the DEPARTMENT upon request. Records of costs incurred include fie CITYs general accounting records and the project records, together with supporting documents aid records, of the 6ITY and all contractors and consultants performing work on the PROJECT, aid all other records of the CITY and its contractors and consultants considered necessary by the DEPARTMENT for a proper audit of costs. (i) The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess ofthe amounts budgeted as available for expenditure during such fiscal year. Any contract verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida!s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 0) No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency. (k) The CITY shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the DEPARTMENT. (1) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the CITY. (m) In no event shall the making by the DEPARTMENT of any payment to the CITY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the CITY, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. (n) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (o) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. (p) Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. (q) This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. 9. a) The DEPARTMENT also reserves the right to seek termination or cancellation ofthis Agreement in the event the CITY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT fin-ther reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. b) If the DEPARTMENT determines that the performance of the CITY is not satisfactory, the DEPARTMENT shall have the option of (i) immediat* terminating the Agreement, or (ii) notifling the C= of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (iii) take whatever action is deemed 4 appropriate by the DEPARTN[ENT. c) If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the CITY, the DEPARTNIENT shall notify the CITY of such termination, with instructions as to the effective date ofterniinatiorl or specify the stage of work at which the Agreement is to be terminated. d) If the Agreement is terminated before performance is completed, the CITY shall be paid only for that work satisfactorily performed for which costs can be sub"tiated. Such payment however, may not exceed an amount which is the same pertentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the CITY. 10. If any part ofthis Agreement shall be determined to be invalid or unenforceable by a court of competentjurisdiction or by any other legally constituted body having thejurisdiction to make such determination, the remainder ofthis Agreement shall remain in full force and effect provided fliat the part of this Agreement thus invalidated or declared unenforceable is not -material to the intended operation of this Agreement. 11. a) To the extent allowed by Section 768.28, Florida Statutes, the CITY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out ot because of, or due to breach of this Agreement by the CITY, its officers, agents, enIployees or subcontractors or due to any negligent act or occurrence of omission or commission of the CITY, its officers, agents, employees or subcontractors. Neither CITY nor any of its officers, agents, employees or subcontractors will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. The parties agree that I% of the total compensation to the CITY for performance of this Agreement is the specific consideration from the DEPARTMENT to the CITY for the CITYs indemnity agreement. b) The CITY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants/subconsultants who perform work in connection with this Agreement: "The contractor shall indemnify, defend, save and hold harmless the DEPARTNIENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." 12. This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, final costs are known and legislatively appropriated reimbursements, if approved, are 5 made by the DEPARTMENT. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. R, 13" IN WrrNES S WHEREOF the CITY has caused this Agreement to be executed in its behalf this day of -2 2003, by the Mayor/Chairperson of the City Council, authorized to enter into and execute same by Resolution Number of the Council on the — day of . 2003, and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this — day of .2003. CITY COUNCIL CITY OF OKEECHOBEE L10 MAYOR/CHAIRPERSON ATTEST: By: (Seal) CLERK Legal Review: Bv: CITY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: DISTRICT SECRETARY ATTEST: By: (Seal) EXECUTIVE SECRETARY Legal Review - By: 7 DISTRICT LEGAL COUNSEL Im CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: May 28, 2003 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADNHMSTRA17ION I GRIT — Attorney Hellinger has resubmitted a notice of pending matters to the court regarding the venue issue. As yet, no decision has been reached. Fire Station Project — The City Engineer reports that we are slightly behind the schedule he would Eke to see, however he still anticipates completion ofthe project this summer. We are preparing to move the firefighters into the residence area (upstairs) within the next few days. A construction office has been set up and it along with a temporary office in City Hall (Finance area - to allow handicap access) is being utilized to conduct business. The project continues to be on budget at this time. Councilman Chandler continues to serve as the City Council's watchful eye on this project by participating in weekly "construction meetings" in which the Administrator, Engineer, Public Works Director, Fire Chief and Building Official discuss the project and its progress. Industrial Park/Sheffield Environmental Services — At this time, I see no change in status from Tirn Gates. Our consultants are working with the Administrator, exploring alternative business possibilities. I have met with Leo O'Conner and Lynn Topel (FHREDI) to discuss attracting potential businesses, as well. On May 13'h, I received a call from Bridget Merrill (OTTED) indicating that the House was considering eliminating all Rural Infrastructure Grant funding (we have been awarded $300,000). Dale Milita is in Tallahassee working to control this issue. Timing and fimding continue to be the greatest obstacles with this project. Flagler Parks —We continue conversations with CDBG on the grant we submitted for downtown renovations. Possibilities still exist that at least partial funding of the downtown project could occur. The Administmtor will undergo surgery on his shoulder on May 29th. Every effort will be made to minimize time away from the office. FINANCE Staff has engaged a consultant to assist in bringing the City into GASB 34 compliance. I This work should commence in August. Through April, the City is operating on budget. This is the result of the Department Heads paying close attention to expenditures. However, we continue to see a lag in State payments of tax revenues. In fact, while our expenditures are below budgeted levels, the difference between revenues and expenditures is the smallest amount (less than $12,000) I've seen in my time with the City. Staff will begin budget preparations next week. INSURANCE Staff has prepared an RFP on our health insurance. This has been advertised and I distributed and will come before the City Council on June 17. PUBLIC WORKS Public Works employees have been and continue to - be most helpful in the Fire Station project. Donnie Robertson and Oscar Bermudez are working on permitting issues with DEP related to the 4hStreet Boat Ramp. The ramp has been reopened following minor repairs, however, more extensive repairs are needed. Following DOT instruction, Donnie Robertson went out to bid for guardrail on SW 12� Avenue at SR 70. DOT indicates this expenditure will be reimbursed to the City. There were no responses to the advertised RFP, so we will solicit quotes for the project. Oscar Bermudez continues to work with various entities of DEP to develop a master drainage plan. Staff met with representatives from Berryman & Henigar to discuss upcoming state and federal mandates related to stormwater. Oscar also continues daily oversight of the Fire Station project. 2 CITY AWORNEY J The following are included in the items I have asked Attorney Cook to address. 1 . Procurement of the Billy Mason/NE 91h Street right-of-way. A metes and bounds survey has been scheduled so John can proceed with condemnation. 2. Noise/breach of peace/animal ordinance. 3. LDR issues such as non -conforming structures, buildirg site elevations, visibility triangles, drainage and street cut/right-of-way resolution. 4. Pension Ordinance language (City Council item for June 17). 5. Hamrick Trust — John is in discussion with the County Attorney on this matter. 6. City/County Contractor Licensing Agreement — this proposed language is currently being reviewed by the County Attorney. 7. GRIT issues. 8. Adelphia Contract. 9. Marvin Brantley's continuing situation. 3