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2003-09-08 RegularCITY OF OKEECHOBEE SEPTEMBER 8,2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE I OF 7 1. CALL TO ORDER - Mayor: September 8, 2003, City Council Regular Meeting, immediately following the Mayor Kirk called the September 8, 2003 Regular City Council Meeting to order at 5:43 p.m. First Budget Public Hearing. I 11. OPENING CEREMONIES: Invocation given by Pastor Randy Huckabee; Pledge of Allegiance led by Mayor. 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. Wafford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 19, 2003 Budget Workshop, the August 19, 2003 Regular Meeting and the August 26, 2003 Budget Workshop. The Invocation was offered by Pastor Huckabee of the First Baptist Church of Okeechobee; Mayor Kirk led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the August 19,2003 Budget Workshop, the August 19,2003 Regular Meeting and the August 26,2003 Budget Workshop; seconded by Council Member Williams. There was no discussion on this items. VOTE KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. (j13 �1� SEPTEMBER 8, 2003 - REGULAR MEETING - PAGE 2 OF 7 �:A COUNCIL ACTION - DISCUSSION - VOTE V. AGENDA - Mayor. 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. tThere agenda. were none. V1. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR RESOLUTION ADOPTION AT 5:45 P.M. A. 1. a) Motion to adopt proposed Resolution No. 03-09, a preliminary rate Council Member Watford moved to adopt proposed Resolution No. 03-09, a preliminary rate resolution relating to Solid resolution relating to Solid Waste Collection and Disposal Services - Waste Collection and Disposal Services; seconded by Council Member Markham. City Attorney (Exhibit 1). b) Public Comments. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Attorney Cook read for the record, the title of proposed Resolution No. 03-09 as follows: "A PRELIMINARY RATE RESOLUTION OF THE CITYOFOKEECHOBEE, FLORIDA PURSUANTTO THESECTION2.08, ORDINANCENO. 784, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COSTFOR THE UPCOMING FISCAL YEAR; ESTABLISHING THEESTIMA TED ASSESSMENTRA TE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OFANANNUAL RATE RESOLUTION; DIRECTING THE CITYADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARYNOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." There was a brief discussion regarding this preliminary resolution. The reason the resolution is being considered at a public hearing is because Florida Statute Chapter 197, which governs the process on non-advalorem taxes mandates that the rates be considered annually at a public hearing, and the ordinance adopted by the City stipulates the rates will be adopted by resolution. This is the same rate as last year. Waste Management has not requested an increase to date. Staff noted that the franchise agreement may need to be reviewed to ensure Waste Management's opportunily for an increase to coincide with the Drocess of billing the solid waste collection through non-advalorem taxes. Council also reguested a cost analysis be made available to them from previous years collection (through the OUA water/sewer billing collection) and the first year's tax roll collection method. SEPTEMBER 8, 2003 - REGULAR MEETING - PAGE 3 OF 7 615 VI. PUBLIC HEARING FOR RESOLUTION ADOPTION CONTINUED. VOTE A. 1. c) Vote on motion. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA I MOTION CARRIED. B. 1. a) Motion to adopt proposed Resolution No. 03-10 relating to the Council Member Watford moved to adopt proposed Resolution No. 03-10 relating to the provision of Solid Waste provision of Solid Waste Collection and Disposal Services and Collection and Disposal Services and adopting a Schedule of Rates; seconded by Council Member Markham. adopting a Schedule of Rates - City Attorney (Exhibit 2). 11 b) Public Comments. 11 Mayor Kirk asked whether there were any questions or comments. There were none. Attorney Cook read into the record the title of proposed Resolution No. 03-10 as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2003-2004; APPROVING THE PRELIMINARY RATE RESOLUTION, AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROWDING FOR AN EFFECTIVE DATE." The amount to be levied for single units (residential property uses) is one hundred thirty-seven dollars and sixteen cents ($137.16). Thetotal annual revenueto be collected by this assessment for 2003/2004 Fiscal Yearistwo hundred forty-five thousand, nine hundred twenty-seven dollars and eighty-eight cents ($245,927.88). c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. VII. NEW BUSINESS. SEPTEMBER 8, 2003 - REGULAR MEETING - PAGE 4 OF 7 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 5:53 P.M. A. 1. a) Motion to read by title only and set September 16, 2003 as a public Council MemberWatford moved to read by title only and set September 16,2003 as a public hearing date for proposed hearing date for proposed Ordinance No. 835 pertaining to Ordinance No. 835 pertaining to Rezoning Petition No. 03-006-R submitted by Tom Conely; seconded by Council Rezoning Petition No. 03-006-R submitted by Tom Conely - Member Williams. Planning Consultant (Exhibit 3). 1 b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA I MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 835 by title only. Attorney Cook read proposed Ordinance No. 835 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL (IND) ZONING DISTRICT TO CENTRAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. 11 2. a) Motion to approve the first reading of Ordinance No. 835. Council Member Markham moved to approve the first reading of proposed Ordinance No. 835; seconded by Council 11 Member Williams. b) Discussion. This ordinance pertains to Rezoning Application No. 03-006-R submitted by Tom Conely on behalf of the property owner, Los Dos Compadres, Inc. The request is to change the zoning from Industrial to Commercial Central Business District on unplatted parcels of land (Parcel ID No. 2-21-37-35-OAOO-00001, 2-21-37-35-OAOO-OOOOB and 2-21-37-35- OAOO-00004-0000) comprising of approximately 0.9733 acres and located at 702 Southwest 2 nd Street. SEPTEMBER 8,2003 - REGULAR MEETING - PAGE 5 OF 7 fil 7 VII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. c) Vote on motion. B. Consider a request to reschedule the observance of Halloween - Randy Huckabee (Exhibit 4). Planning Staff report reflects that the rezoning request is not contrary to Comprehensive Plan requirements. Will not have an adverse effect on public interest. Is appropriate for the location, compatible with adjacent land uses, immediately to the North is a retail furniture store. To the South is Industrial with a Gas Company. Toward the East is a vacant lot with Commercial Central Business District designation and to the West is Industrial with an automotive center. It is not contrary or detrimental to urbanizing land uses pattern. Will not adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. It can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Based on these findings, Planning Staff is recommending approval as well as the Planning Board. The application was considered at their August 26, 2003 meeting. Council recently approved a Comprehensive Plan Future Land Use Small Scale Map Amendment for this property from Industrial to Commercial. Should this rezoning be approved, both maps will be consistent. Planning Consultant LaRue was not able to be present at the meeting. However, he forwarded a memorandum with the following statement: "The Staff report should be reemphasized. The rezoning should be approved, but the Council is not necessarily approving a specific use whether it is a previous or future one. This City position should be made clear." Council discussed with the applicant, Attorney Conely, that they has recently been an issue and wanted to be sure he and the property owner understands this. Once a property is rezoned. There is a list of permitted uses. Just because a particular use is listed does not mean that all other regulations can be met at that location. In order for an occupations license to be issued, there are other steps that will follow. Attorney Conely advised that at this point he represents the seller and they have done all they can do at this point. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Pastor Randy Huckabee of the First Baptist Church of Okeechobee addressed the Council explaining that recently it was discovered that Halloween, October 31 falls on the same Friday as the Okeechobee High School Homecoming. He spoke with Chief Davis, Sheriff Raulerson, Superintendent Raulerson and the School Resource Officers, who agree and support the efforts to move the observance of Halloween to Saturday, November 1. He will be requesting the same from the County Commissioners at their meeting, Thursday, September 11. 618 AUGUST 19, 2003 - REGULAR MEETING - PAGE 6 OF 7 V111. NEW BUSINESS CONTINUED. B. Consider a request to reschedule the observance of Halloween Council agreed it would be best for all parties involved, therefore, Halloween will be observed on Saturday, continued. November I from 6:00 to 8:00 p.m. Mayor Kirk instructed Administrator Veach to coordinate with the County on the time they set and with providing press releases advising the community of this change. Pastor Huckabee added that I First Baptist would hold the Fall Festival in the Park on Saturday in keeping with this decision. The Fall Festival is a free event to the community as an alternative to "door to door trick or treating." C. Consider a request for a 20 percent reduction in parking for a new Mr. Edward Douglas is requesting a 20 percent reduction in required parking spaces for a new health club. Council health club - Edward Douglas (Exhibit 5). advised that he will need to submit his sketch, plans and materials to the Technical Review Committee (TRC). Council requires a recommendation from the TRC prior to making the final decision. Administrator Veach will ensure Mr. Douglas is aware of the next TRC meeting and that his plans are discussed. Council and Staff also discussed that this has been a "Qrav"area in the requlations. Develor)ers are reluctant to submit full scale certified drawings for only parking reductions. However, they need to know whether they can be aRproved for that reduction in order to have their plans designed accordingly. Attorney Cook advised and Council agreed that the TRC could review, for parking reduction reguests, sketches only with setbacks. However, the developer needs to understand that the Parking reduction is granted based on that sketch and if it changes when the final plans are completed by their engineer, that reduction is no longer valid. D. Motion to appoint an ex officio member to the Chamber of Council discussed the fact that a motion is not necessary, Mayor Kirk has the authority to appoint someone and Commerce Board - City Administrator (Exhibit 6). therefore he appointed Administrator Veach to serve as the Cily's ex -official member to the Chamber of 11 Commerce. E. Motion to re -appoint Bill Douglas and Glenn Hodges as Trustees to Council Member Chandler moved to re -appoint Bill Douglas and Glenn Hodges as Trustees to the Firefighters'Pension the Firefighters' Pension Board for a term beginning September 2, Board for a terrn beginning September 2, 2003 to September 2, 2005; seconded by Council Member Williams. 2003 to September 2, 2005 - Chief Tomey (Exhibit 7). 111 VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. SEPTEMBER 8,2003 - REGULAR MEETING - PACE 7 OF 7 619 VII. NEW BUSINESS CONTINUED. F. Motion to approve the City Administrator's Employment Agreement - Council Member Watford moved to approve the City Administrator's Employment Agreement; seconded by Council City Attorney (Exhibit 8). 1 Member Chandler. X. 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, helshe 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. Cily Clerk tapes are for the sole purpose of backup for official records of the Clerk.. ATTEST: 7/7 James E. Kirk, Mayor LaneGarni6fea,o Cleik- Changes noted in the new contract are that the severance pay went from three months to four months and the contract is for one year. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the September 8, 2003 meet at 6:35 p.m. The next regular City Council Meeting is scheduled for Tuesday, September 16, 2003. C PAGE -1 - CITY OF OKEECHOBEE -SEPTEMBER 8, 2003 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES 1. CALL TO ORDER - Mayor: L�,-L September 8, 2003, City Council Regular Meeting LAM. 11. OPENING CEREMONIES: Invocation given by Pastor Randy Huckabee.,- Pledge of Allegiance led by Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE City Clerk IV F3 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 MINUTES - City Clerk. Council Member moved to dispense with the reading and approve the Summary of Council Action for the August 19, 2003 Budget Workshop, the August 19 2003 Regular Meeting and the August 26, 2003 Budget Workshop; seconded by Council Member �� a ,I �_ VOTE YEA NAY ABSTAIN ABSENT WI R—K CHANDLER MARKHAM WATFORD WILLIAMS MOTION(�� - DENIED V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V1. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - Mayor at q,5 p.m. A. 1. a) Council Member moved to adopt proposed Resolution No. 03-09, a preliminary rate resolution relating to Solid Waste Collection and Disposal Services - City All me JE hibit 1); seconded by Council Member LM TITL b) Public Comments. kuk_ owc 1 _? liz� - J d. JN Pj P,� �', f) , 11-Y- _t, [- [; s J/ 0-41 vlcv) Y�9,j. 6,)0�tjk�_ C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM Cld WATFORD WILLIAMS 4,1, UV MOTION ECARRI�E- DENIED (1,c+ �s t I 6� 7) PAGE -2- B.I.a) Council Member moved to adopt proposed Resolution No. 03-10 relating to the provision of Solid Waste Collection and Disposal Services and adopting a Schedule of Rates - City Attorney (Exhibit 2); seconded by Council Member L rf) . ....................... . .................. ... TLI V < b) Public Comments. Cf�L,',, A, C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK L-- CHANDLER MARKHAM WATFORD WILLIAMS MOTION (,C!AR7RIED - �DEN D MAYOR CLOSED THE PUBLIC HEARING AT5 .5-" P.M. C VII. NEW BUSINESS PAGE -3- A. 1. a) Council Member. moved to read by title only and set September 16, 2003 as a public hearing date for proposed Ordinance No. 835 pertaining to Rezoning Petition No. 03-006-R submitted by Tom Conely - Planning Consultant (Exhibit 3); seconded by Council Member b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTIT� CARRI DENIED C) Attorney Cook read proposed Ordinance No. 835 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL (IND) ZONING DISTRICT TO CENTRAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member — moved to approve the first reading of Ordinance No. 835; seconded by Council Member b) Discussion. ��LLI G-d �[L-� ryl� P-,V�L-o t-,LL,-ywL J4 /,-k�,,Ltut b�) 1 1" C Vu JiLAU'4kt�,` 4 K - 3-7 - 35 - C, A t, OCOC,,, I loa,�&J&(, 2- Z1- C'r(W� o'y, tK 73, ou J� . , 702 �Sa) I I C� kLd *7 LJ (j L �WJkj /L7� (T JA-1V P4 C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER C7 MARKHAM WATFORD L LY- WILLIAMS MOTIONI( CARRIED -/,'�DENIED VIC, 4L Li 0� U�l C I -T T7 B. PAGE -4- Consider a request to reschedule the observance of Halloween - Randy Huckabee (Exhibit 4). I C PAGE -5- C. Consider a request for a twenty percent reduction in parking for a new health club - Edward Douglas (Exhibit 5). CV1 Lalu-J 01� ty C PAGE -6- as D. Council Member moved to app�oin�jn ex officio member the Chamber of Commerce Board - City Administrator (Exhibit 6); seconded by Council Member 0", VOTE KIRK CHANDLER MARKHAM WATFORD,-" MOTION CARRIED - DENIED [�,,l E. Council Member moved to re -appoint Bill Douglas and Glenn Hodges as Trustees to the Firefighters' Pension Board for a term beginning Septembef 2, 2003 to September 2, 2005 - Chief Tomey (Exhibit 7); seconded by Council Member UJ - VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MA RKHAM WATFORD WILLIAMS MOTION ED PAGE -7- F. Council Member - M� moved to approve the City Administrators mployment Agreement - City Attorney (Exhibit 8); seconded by Council Member f \L3LQ- 14 Wt C-�H VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MA.kKHAM WATFORD WILLIAMS MOTIO� CA �)ED - DENIED TT APPIDAVITOF PU13LISHER OKEECHOBEE AES 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 J.W. 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 121181 IC Nlailri: 20mal -)nr'C' in the matter of CITY COI INCILMFFTING NOTICF 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 09/04/20().3 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, (Rdblisher) Sworn to and subscribed before me this �Ll_day of A.D. 2003 (SEAL) Notary Public .' P'Ry P& OFFICIAL NOTARY SEAL 0 Ir� RMEALEE A BRENNAN 0 COMMISSIM NUMBER CC 940770 OF FVe My COMMISSION EMRES JUNE 25 2004 C� —'OUNCIL METING NOTICIC NOTICE IS HERLBY GtVZN *M the City of Okeechobee City Comcd wil meet in . an Manday, Septeselear 9, 2M, husaislist* IsMewing the First Be& got Hewing 5,41 psa., City HWL 55 SE 3rd so is ==Vk. attend. It copy of the agenda contact City Administra- 6an at (963) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that if arty person desim to ap. Feel any decWou made by die City Council witb respect to arty matter considered at " mesting, such Interested person will need a record of I:= :W POW may ve== of the proceebw a made, wbkh record in- cludes the testimony and evidence upon which the appeal is to be based. Tom am used for the sells purpose of back-up fi)r the Clerks Office. in accordance With the Americans with DisabMies Act (ADA) and Flonds, Statute 28426, persons with disabMder neeft spe- cial woommodation to paricipas in this pro. cooding dtould contact Lane Gandotes, no lew own two (2) "odds days Prior to the proccefiM at $63-763-3372 x 214; if you am butbW or voice impaired, cali TDD 141W 222-3448 (voice) or 14IM447-5620 (M), br. LANIC GAMIOTFA City Clark, - PURLMHO"41203 OKEFOKOUTIMES ilrn The Okeectiobee News P.O. Box 639, Okeechobee, Florida 349 (863) 763-3134 i� Published Daily � IT,( 0 REMO— SEP MOO STATE OF FLORIDA PLEA I E that the City Co Cil 0 Okeechobee,, COUNTY OF OKEECHOBEE . - Flo S , September 16, 0 Do m. or as soon Before the undersigned authority personally d there ss , at City Hall, 55 SE 0 echobee, FL con-, Judy Kasten, who on oath says she is Publisher of the 0 H RING on and News, a DAILY Newspaper published at Okeechobee, a nsider final reading of 0 in Ordinance into w: Okeechobee County, Florida; that the attached copy of advertis�e- . 3 : A ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ment, being a AMENDING THE OFFICIAL,ZON- ING MAP OF OKEECHOBEE BY RE. ZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DE. um%%C1f_9 TRIAL r4NOg ZONING DISTRICT TO CENT L USINESS (CBD) ZON. NJ ING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFEC.. in the matter of TIVE DATE. . Tom W. Conely, III (Attorney) has C_ \-% Hied a Rezoning Petition on W half of the roperly owner Los Dos Compallres, Inc. to C6090 1 the existing zoning classification of Industrial to Commercial Cen- tral Business District. The subject =Is local d at 702 South- Street I Is an unplat- led parcel of land approximately in the 19th Judicial District of the Circuit Court of Okeechobee 0.9733 acres. County, Florida, was published in said newspaper in the issues All members of the public are encpur- of aged to attend and participate in said hming. The proposed Ordi- riance i nay be inspected in its on- firety by members of the public in the Office of the City Clerk dunin� regular business hours, Mond ay_ riday, 8:00 a.m.-4:30 p.m., except for holidays. PLEASE TAKE NOTICE AND BE AD- VISED that if any person desires to Affiant further says that the said Okeechobee News is appeal any decision made by the City Council with respect to any a newspaper published at Okeechobee, in said Okeechobee matter considered at this hearing, Such interested person will need a County, Florida, and that said newspaper has heretofore been record of the proceedings, and for such published continuously in said Okeechobee County, Florida purpose m need to ensure 8 verbatim recor7of the proceed - each week and has been entered as second class mail matter at Ings is made, which � record, in- the post office in Okeechobee, in said Okeechobee County, cludes the testimony and evidence upon which the appeal Is to be Florida, for a period of one year next preceding the first based. City Clerk tapes are for the sole purpose of backup for official publication of the attached copy of advertisement; and affiant �ecords of the Clerk, further says that she has neither paid not promised any person, In accordance with the Americans firm or corporation any discount, rebate, commission or refund with Disabill Act �ADA) and Flod- da Statutes"W861 , persons with for the purpose of securing this advertisement for publication in disabilities needinj special accom- Modation to the said newspaper. Partic pate in this pro - teeding should contact Lane Gami-. otea no later than two (2) workin daKs to � AL� �dor the proceeding .. ..... 1 12 extension 21 ' ; If in or vol 9 1 c bear ) mpaired, call TDD S WOM It quhqcriP—d before me this -8 0-g222-3448 (voice) or 1-888-, 447-5620 (TTY). Lday,ov-4Qgo�"SI!n" A.D. 20 03 �' � I I Lane Gamiotea, CITY CLERK .409982-ON 9/5/o3 Public, State olf Flo's,,&A'e.;Awgp # GG CITY OF OKEECHOBEE SEPTEMBER 8, 2003 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 1. CALL TO ORDER - Mayor: September 8, 2003, City Council Regular Meeting, immediately following the Budget Hearing. 11. OPENING CEREMONIES: Invocation given by Pastor Randy Huckabee. Pledge of Allegiance led by Mayor. 111. 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 Gan-iiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 19, 2003 Budget Workshop, the August 19, 2003 Regular Meeting and the August 26, 2003 Budget Workshop. SEPTEMBER 812003 - CITY COUNCIL AGENDA - PAGE 2 OF 3 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - Mayor. A.La) Motion to adopt proposed Resolution No. 03-09, a preliminary rate resolution relating to Solid Waste Collection and Disposal Services - City Attorney (Exhibit 1). b) Public Comments. C) Vote on motion. B.La) Motion to adopt proposed Resolution No. 03-10 relating to the provision of Solid Waste Collection and Disposal Services and adopting a Schedule of Rates - City Attorney (Exhibit 2). b) Public Comments. Vote on motion. CLOSE PUBLIC HEARING. VII. NEW BUSINESS - Mayor. A.La) Motion to read by title only and set September 16, 2003 as a public hearing date for proposed Ordinance No. 835 pertaining to Rezoning Petition No. 03-006-R submitted by Tom Conely - Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set public hearing date. C) City Attorney to read proposed Ordinance No. 835. SEPTEMBER 8,2003 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VII. NEW BUSINESS CONTINUED. 2.a) Motion to approve the first reading of Ordinance No. 835. b) Discussion. C) Vote on motion. B. Consider a request to reschedule the observance of Halloween - Randy Huckabee (Exhibit 4). C. Consider a request for a twenty percent reduction in parking for a new health club - Edward Douglas (Exhibit 5). D. Motion to appoint an ex officio member to the Chamber of Commerce Board - City Administrator (Exhibit 6). E. Motion to re -appoint Bill Douglas and Glenn Hodges as Trustees to the Firefighters' Pension Board for a term beginning September 2, 2003 to September 2, 2005 - Chief Tomey (Exhibit 7). F. Motion to approve the City Administrator's Employment Agreement - City Attorney (Exhibit 8). VIII. 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. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a CL C in the matter of C) S—_ Cc, 0 -T—L V-N M VN R 3 -S L) t) 0 'F 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 advertisemenfor publication in the said newsnaner- A Sworn t nd sub�cribed beqt rn� this day of 7— A.D. 20 Notary Public, State of Florida at Large:r. may retain -their, seats if-xkux�z,�,,begi% and,,,wiii _Ue by 29.. held Mondiay,,through Fri ay 4. chased Aug. For more information or from'�'8,�a.m.' -until '5 p.'M.-,j1', 1 Iness on the. to purchase tickets, call.: Sign4ys,,Will '-last through- Internet M ilke Radebaugh or the Ath- I Sept. . 42� and will,be held at J I le� fice at 462-5025., 'Ahe iicre'ation, dep'ar n s' 24 hours a day at www2-newszaP-POm/onlineadvertising. 4 -Go to www.nev!szap.com� NOTICE OF CONTINUED IMPOSITION OF SOLID n "WASTE COLLECTION ASSESSMENTS,, _7 seec I t your to anfk�lk'�' .:PURSUANT to Florida Statues.11 97.3632, Notice. Is Hereby Given by 1henclic the: City Cou'ncil of the City of Okeechobee,' Florldla," thafthe City 'of Autos Gu de. Okeechobee intends to continue the imposition within the incorporated area of the City of Okeechobee, the Solid Waste Collection Assessments for the Fiscai,Year.2003-2004 previously adopted by the City for Fiscal Year 2002- . . . . . . 2003; to adopt the annual Rate Resolution'for Solid Waste Collection Go to www.newszap.com9_,,_ select your town and Assessments; and'to approve and certify to the Tax Collector, County of t hen click on Index under Okeechobee, Florida, the Solid Waste Assessment roll for the Fiscal Year 2003-2004, by the adoption of Resolution No. 03-09, and Resolution 03-10. I community Contacts. A copy of the Resolutions may be obtained at the Office of the City,c�lerk.. THIS assessment is a non ad -valorem assessment that will be collect ed by the Tax Collector in the same manneras your ad -valorem taxes. Go to www.newszap.com, Failure to pay this assessment, as with taxes, will cause a tax certificate to , select your town and be issued against the real property, which may result in loss of title. then click on your state under A Public Hearing on Resolution No.-,63-09,'and Resolution 03-10 will be Today's Classified Ads.— held on —Manday, September 8-2003 in'the City Hall Council Chqmbers 55 S.E. 3rd Avenue, Okeechobee, Florida, at the hour of 5:01 p.m. (immedi- ately following the Budget Public Hearing), or as soon thereafter as can be Go to www.newszap.com, heard, to adopt Resolution No. 03-09, and Resolution No. 03-10. The gen- select your town and eral public may appear at said hearing, or submit written objections to the then click on Index under resolution at any time prior to the public hearing. Community Contacts. Bv: Lane Gamlotea. City Clerk The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of L jj -T-� V-N 0 3.S T-� W ct, Ir" in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Afflant 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 advertisemen�for publication in the said newsDavet. If Sworn toyind sub�cribed bef6r� m' e this day of 71 i Notary Public, State of Florida at Lar C'. A.D. 20 Q3 may retain�.thetr,seatsjf_R -n�begia A,— _*kept.�2,._and,-ww_ne,, throti� Friday helil�' bfidij�` chased by Aug. 29,.'�' r'builness on the' fron T ntil'5 p.*m. erthe YOU For more inform'atiun or. �'i`8 %.ih: u to purchase tickets, call Signu�s"�'-,wlll -last, throtiglt'� Internet M,11keladebaugh or the'Ath-. Sept.,,'I 2" and * 'will be held at 24 hours a day at le e at462-5025. the Acre'ation departn;Knfs www2.newszap.pom/onlineadvertisit NOTICE OF CONTINUED IMPOSITION OF, SOLI ' v S WASTE COLLECTION ASSESSMENT -7 PURSUANT to Florida Statues 197.3632, Notice. Is H reby Given by :)y id the' City Council of the -City of'6kae6o6e_e',"'FIon a, hat a Ci' 'of Okeechobee intends to continue the imposition within the incorporated area of the City of Okeechobee, the Solid Waste Collection Assessments for the Fiscal Year 2003-2004 previously a dopted by the City for Fiscal Year 2002- 2003; to adopt the'annual Rate. Resolution' for Solid Waste Collection Assessments; and to approve and certify to theTax Collector, County of Okeechobee, Florida, the Solid Waste Assessment roll for the Fiscal Year 2003-2004, by the adoption of Resolution No. 03-09, and Resolution 03-10. A copy of the Resolutions may be obtained at the Office of the City Clerk. THIS assessment is a non ad -Valorem assessment that will be collect - ad by the Tax Collector in the same manner as yodr ad -valorem taxes. Failure to pay this assessment, as with taxes, will cause a tax certificate to be issued against the real property, which may result in loss of title. A Public Hearing I on Resolution No.- , 63-09,. and Resolution 03-10 will be held on Monday, September 8. 2003 in'the City Hall Council Chambers 55 S.E. 3rd Avenue, Okeechobee, Florida, at the hour of 5:01 p.m. (immedi- ately following the Budget Public Hearing), or as soon thereafter as can be heard, to adopt Resolution No. 03-09, and Resolution No. 03-10. The gen- eral public may appear at said hearing, or submit written objections to the resolution at any time prior to the public hearing. hk,, By: Lane Gamloteal City Clerk 1_.G H t w.newszap.com,§;t�,,, oww -'select your town and then click on Autos'Guide. . ... ........ .......... Go to www.newszap.cont, select your town and then click on Index under Community Contacts. Go to www.newszap.com, select your town and then click on your state under I Today's Classified Ads. "' Go to www.newszap.com, select your town and , - I then click on Index under Community Contacts. ExHiBIT I - RESOLUTION NO. 03-09 SEPTEMBER8 AGENDA A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on August 21, 2001, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective tirne period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law; and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary forthe imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating and apportioning solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, Ordinance No. 784 Section 2.08 thereof requires that prior to the adoption of an annual rate resolution that the City must enact a preliminary rate resolution, which includes the requirement that the City Administrator for the City of Okeechobee prepare an updated assessment roll; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2003, and said assessment is a non -ad valorem assessment; and NOW, THEREFORE, be it resolved by the City Council for the City of Okeechobee, Florida that: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statues 197 and other applicable provision of law. Page 1 of 3 SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes a preliminary rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specific parcel or building. C. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. SECTION 3. DESCRIPTION OF SERVICES. The services, facilities and programs to be provided to the citizens of the City of Okeechobee for solid waste collection for the upcoming Fiscal Year include the continuation of a franchise with a solid waste company acceptable to the City for the provision of such services; for such company to provide the labor and equipment necessary to fulfill solid waste services; to provide receptacles for collection; to provide for scheduled and emergency pick up services; to provide for pick up of white goods, trash and yard debris; and such other services customarily associated with such franchise services. SECTION 4. SOLID WASTE ASSESSED COSTS AND ESTIMATED RATES. It is determined that the solid waste assessed costs to be assessed for the upcoming fiscal year is the estimated sum of $245,927.88, and that this cost will be apportioned among customers at an estimated assessment rate for the upcoming fiscal year in the annual sum of $137.16. SECTION 5. UPDATING ANNUAL ASSESSMENT ROLL. That the City Administrator is directed to prepare an updated assessment roll for the Fiscal Year ending September 30, 2004 in the manner provided for in Ordinance No. 784. The updated assessment roll shall be certified on a compatible electronic medium with that of the Tax Collector, and shall post the non -ad valorem assessment for each parcel on the roll, to be presented to the City Council for adoption at an annual rate resolution, which shall be certified to the Tax Collector before September 15 of the current year. The City Council may make corrections or alterations to the roll up to 10 days prior to certification to the Tax Collector. SECTION 6. PUBLIC HEARING. The City Council authorizes and sets for public hearing the adoption of the annual assessment roll pursuant to Ordinance No. 784, Section 2.08, to receive public comment pertaining to adoption of the annual assessment roll on the following date and time, which shall be duly published by the City Clerk for the City of Okeechobee, Florida, tow -wit: Date: Monday, September 8, 2003. Time: 5:01 p.m., or as soon thereafter as can be heard. Plate: City Hall, 55 S.E. 3rd Avenue, Okeechobee, Florida. The City Clerk is further directed to provide any supplemental or additional notice of adoption of the annual assessment roll as may be deemed proper, necessary or convenient to the Ctiy. Page 2 of 3 SECTION 7. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 8. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED this 8th day of.Septamber, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney. Page 3 of 3 James E. Kirk, Mayor EXHIBIT 2 - SEPTEMBER 8 AGENDA RESOLUTION NO. 03-10 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01 -08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2003-2004; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABIUTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee Florida has previously duly noticed and conducted a public hearing on August 21, 2001, which provided the opportunity to hear testimony and take written objection from the public and interested parties in accordance with Section 197.3632 Florida Statues, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law; and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary forthe imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is in equitable and efficient method of allocating an apportioning solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2003, and said assessment is a non -ad valorem assessment; and WHEREAS, the City has previously adopted a preliminary rate resolution for Fiscal Year 2003-2004 which adopted an estimated assessment rate, and which set the matter for public hearing this date to consider adoption of the annual assessment; and NOW, THEREFORE, be it resolved by the City Council for the City of Okeechobee, Florida that: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08; Florida Statues 197 and other applicable provision of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution continues and Annual Rate Resolution as defined in Ordinance No. 784, Section 2.08, and as previously adopted. The amount of the Solid Waste Assessment imposed each Fiscal Year Page 1 of 4 4m- against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specific parcel of building. C. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provide however, that the factor or combination of factors employed to compute the Solid Waste Assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. SECTION 3. SOLID WASTE COLLECTION AND ANNUAL ASSESSMENT ROLL. a. It is hereby ascertained, determined and declared that continued imposition of an annual Solid Waste Assessment consistent with the maximum Assessment Rate schedule in Section 2.08 of Ordinance No. 784, and Resolution 01-8, and also as adopted as the preliminary rate resolution for Fiscal Year 2003-2004 adopted by the City Council at a duly advertised hearing continues to be a fair reasonable method of allocating waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida. b. That the City Administrator has caused to be prepared the assessment roll for the Fiscal Year ending September 30, 2004 in the manner provide for in Ordinance No. 784. The solid waste collection and disposal cost, for which the solid waste collection and disposal assessment is intended to pay is $ 245,927.88. The cost shall be apportioned among the parcels of real property within the incorporated area of the City of Okeechobee, Florida, as reflected on the assessment roll. C. It is hereby ascertained, determined, and declared that based upon the findings setforth in paragraph (a) and the solid waste collection and disposal cost described in paragraph (b), the Rate of Assessment for the 2003/2004 Fiscal Year as set forth in Appendix A and attached hereto and incorporated herein continue an increase in the Assessment Rate included in any notice previously provided to owners of assessable property pursuant to Ordinance No. 784, Resolution 01-8, and Chapter 197 Florida Statues. d. That the Solid Waste Collection Assessment Roll as presented by the City Administrator is hereby approved and adopted for the 2003-2004 Fiscal Year, and the chair of the local governing board, being the Mayorforthe City of Okeechobee, Florida or his designee', shall certify this non -ad valorem assessment roll on compatible electronic medium to the tax collector for Okeechobee County, Florida by September 15,2003, which roll shall contain the posting of the non -ad valorem assessment for each parcel. SECTION 4. ESTABLISH MAXIMUM RATE OF ASSESSMENT. That the rate of assessment set forth in Appendix A for the year 2004 is adopted as the rate of assessment for the 2003-2004 Fiscal Year. The City of Okeechobee, through the chair or his or her designee, reserves the right to make such alterations to the assessment roll for up to ten days prior to such certification if errors or omissions are discovered on the roll. Page 2 of 4 SECTION 6. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 6. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED this 8th day of September, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 3 of 4 James E. Kirk, Mayor RESOLUTION NO. 03-10 Appendix A The assessments will be computed by multiplying the rate of assessment by, the number of dwelling units for residential property uses. A single units will be assessed on the following schedule: The amount to be levied in the year 2003: $137.16 The maximum amount to be levied in the year 2004: $137.16 The maximum amount to be levied in the year 2005: $137.16 The maximum amount to be levied in the year 2006: $137.16 The maximum amount to be levied in the year 2007: $137.16 The maximum amount to be levied in the year 2008: $137.16 The total annual revenue to be collected by this assessment for 2003-2004 is: The estimated total annual revenue to be collected by this assessment for 2004-2005 is: The estimated total annual revenue to be collected by this assessment for 2005-2006 is: The estimated total annual revenue to be collected by this assessment for 2006-2007 is: The estimated total annual revenue to be collected by this assessment for 2007-2008 is: The estimated total annual revenue to be collected by this assessment for 2008-2009 is: Appendix A - Resolution No. 03-10 Page 4 of 4 $245,927.88 $241,538.76 $241,538.76 $241,538.76 $241,538.76 $241,538.76 Memo To: Bill Veach, City Administrator From: James G LaRue, AICP Date: September 8, 2003 Subject: City Council Meeting of September 8, 2003 As discussed today, I am providing written comments on two City Council items for tonight's meeting because I will not be able to be there at 6:00 p.m. Unfortunately, because tonight's meeting is not on Tuesday, I have a Public Hearing already scheduled at 5:30 p.m. in Lake Placid. I apologize for the conflict, but as you know, our meeting schedules normally would not involve conflicting meetings on Monday. Inrq Wqo the, Los Dos Compadres'Rezonin& Item No. VH.A.La, the Staff Report for theLOA should be approved, but the Council is not necessarily roving a specific use , I l'Aherit sa' previous or a future one. This City position. shoidd Ix * clear to the applicant. In regard to the parking waiver, Item No. VH.C, I have not had much information on this request. Normally, a preliminary Site Plan is required and Section 90-485 (Reduction of Parking Space requirements in Commercial districts) of the City Code states that reduction of parking requests should be heard by the City Council after receiving input from the Technical Review Committee. Also, Council may require the applicant to provide a parking study if they wish. To my knowledge, neither of these items have taken place. JGL:bc ExHIBIT 3 - ORDINANCE NO. 835 SEPTEMBER 8 AGENDA AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM INDUSTRIAL (IND) ZONING DISTRICT TO CENTRAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FORCONFLICTS, SEVERABILITYANDAN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 03-006-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.9733 acre(s) from Industrial (IND) Zoning District to Central Business (CBD) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to -wit: A parcel of land lying in and being a portion of Section 21, Township 37 South Range 35 East, described as Parcel Numbers 1, 2, 3, 4 and 5 of "Okeechobee Lands" in that certain Warranty Deed recorded in Official Records Book 373, Page 45, Public Records of Okeechobee County, Florida, and being more particularly described as follows: Commencing at the intersection of the southerly right-of-way line of South Park Street according to the plat of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and the easterly right-of-way line of F.E.C.'s former East Team Track No. 5; thence S 07*08'27" E, along a line parallel to and 20 feet east of said former East Team Track No. 5 for 115.45 feet to the Point of Beginning, also being the northeast corner of Parcel No. 1 of said "Okeechobee Lands;" thence S 89*49'42" E along the north line of Parcels 1 2, 3, 4 and 5 of said "Okeechobee Lands" for 196.5 feet to a nail set with disc in a concrete building corner; thence S 00*10'118" W along an east line of said Parcel 5 for 15.00 feet; thence S 89*49'42" E along a north line of said Parcel No. 5 for 41.75 feet to the northeast comer of said Parcel No. 5; thence S 00*02'19" E along the east line of said Parcel No. 5 for 169.05 feet to the intersection with the north right-of-way of SW Second Street, extended west, (formerly known as Seventh Street) according to said plat of Okeechobee, also being the southeast corner of said Parcel No. 5; thence S 89*54'07" W along said extended north right-of-way of SW Second Street, also being the south line of Parcel Numbers 5, 4, 3, 2, and 1 of said "Okeechobee Lands", for 215.29 feet to the southwest corner of said Parcel Page 1 of 3 No. 1; thence N 07*05'27" W along a line 20 feet east of and parallel to the centerline of said former East Track No. 5 also being the west line of said Parcel No. 1 for 186.59 feet to the Point of Beginning. And A parcel of land lying in and being a portion of Section 21, Township 37 South, Range 35 East, described as Parcel B in said Warranty Deed recorded in Official Records Book 373, Page 45, and being more particularly described as follows; Beginning at the intersection of a line 10 feet westerly from and parallel to the centerline of the F.E.C.'s former East Team Track No. 5 and a line 10 feet easterly from and parallel to the centerline of the main track of the F.E.C. Railway; thence S 00*02'03" W along a line 10 feet east from and parallel to the centerline of said main track for 226.78 feet to the intersection with the north right-of-way line of SW Second Street (formerly Seventh Street) according to the plat of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida; thence N 89*54'07" E along said extended north right-of-way line for 28.42 feet to the intersection with a line 10 feet west of and parallel to the centerline of said former East Team Track No.5; thence N 07*06'39" W along a line 10 feet west of and parallel to the centerline of said former East Team Track No. 5 for 228.49 feet to the Point of Beginning. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reftedthe subject property zoning classification to be changed from Industrial (IND) Zoning District to Central Business (CBD) Zoning District. SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 81 of September, 2003. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, Mayor Page 2 of 3 PASSED AND ADOPTED after Second and Final Public Hearing this 1611 day of September, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. 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N o + ('D �3 W CA C) CD 0, �3 CD cn 0 39 CD 0 CD cn aq UQ CD CD CD IM. P" CD ID P C�-, CD CD CD 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 Staff Report Rezoning Request Applicant Tom W Conely HI Owner: Los Dos Compadres From: Industrial (IND) to Central Business (CBD) Petition No. 03-006-R Preparedfor.- The City of Okeechobee Staff Report Rezoning Request lGeneral information Petition Number: Owner: Owner Address: Applicant: Applicant Address: Applicant Phone Number: Applicant: Tom W. Conely Petition No. 03-006-R ma�- 11 Los Dos Compadres, Inc. 650 NW 98"' Street Okeechobee, FL 34972 Tom W. Conely III P.0, Box 1367 Okeechobee, FL 34973-1367 863-763-3825 Property Control Number Existina Proposed =37-35-OAOO-00001- 0000;BOOO;00004-0000 Future Land Use Designation Commercial Commercial Zoning District Industrial (IND) Central Business (CBD) Acreage 0.9733 0.9733 Density N/A N/A Access S.W. 7 1h Avenue S.W. 7"' Avenue Location: 702 SW Second Street Legal Description: A parcel of land lying in and being a portion of Section 2 1, Township 37 South Range 35 East, described as Parcel Numbers 1, 2, 3, 4 and 5 of "Okeechobee Lands" in that certain Warranty Deed recorded in Official Records Book 373, Page 45, Public Records of Okeechobee County, Florida, and being more particularly described as follows: Commencing at the intersection of the southerly right-of-way line of South Park Street according to the plat of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and the easterly right-of-way line of F.E.C.'s former East Team Track No. 5; thence S 07'08'27" E, along a line parallel to and 20 feet east of said former East Team Track No. 5 for 115.45 feet to the Point of Beginning, also being the northeast comer of Parcel No. I of said "Okeechobee Lands;" thence S 89'49'42" E along the north line of Parcels 1 2, 3, 4 and 5 of said "Okeechobee Lands" for 196.5 feet to a nail set with disc in a concrete building comer; thence S OO'l 018" W along an east line of said Parcel 5 for 15.00 feet; thence S 89'49'42" E along a north line of said Parcel No. 5 for 41.75 feet to the northeast comer of said Parcel No. 5; thence S 00'02'19" E along the east line of said Parcel No. 5 for 169.05 feet to the intersection with the north right-of-way of SW Second Street, extended west, (formerly known as Seventh Street) according to said plat of Okeechobee, also being the southeast comer of said Parcel No. 5; thence S 89'54'07" W along said extended north right-of-way of SW Second Street, also being the south line of Parcel Numbers 5, 4, 3, 2, and I of said "Okeechobee Lands", for 215.29 feet to the southwest comer of said Parcel No. 1; thence N 07'05'27" W along a line 20 [PAGE ) Staff Report Applicant: Tom W. Conely Rezoning Request Petition No. 03-006-R feet east of and parallel to the centerline of said former East Track No. 5 also being the west line of said Parcel No. I for 186.59 feet to the Point of Beginning. And A parcel of land lying in and being a portion of Section 21, Township 37 South, Range 35 East, described as Parcel B in said Warranty Deed recorded in Official Records Book 373, Page 45, and being more particularly described as follows; Beginning at the intersection of a line 10 feet westerly from and parallel to the centerline of the F.E.C.'s former East Team Track No. 5 and a line 10 feet easterly from and parallel to the centerline of the main track of the F.E.C. Railway; thence S 00002'03 " W along a line 10 feet east from and parallel to the centerline of said main track for 226.78 feet to the intersection with the north right-of-way line of SW Second Street (formerly Seventh Street) according to the plat of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida; thence N 89'54'07" E along said extended north right-of-way line for 28.42 feet to the intersection with a line 10 feet west of and parallel to the centerline of said former East Team Track No. 5; thence N 07'06'3 9 " W along a line 10 feet west of and parallel to the centerline of said former East Team Track No. 5 for 228.49 feet to the Point of Beginning. I Request I The applicant is requesting a Central Business Zoning classification for this property. It was recently changed from Industrial to Commercial Future Land Use category. This Zoning District is compatible with the Commercial Future Land Use category. (PAGE I -F�- Staff Report Rezoning Request Applicant: Tom W. Conely Petition No. 03-006-R Adjacent Future Land Use Map classifications and Zoning Districts:- North: Future Land Use Map Classification: Commercial Zoning District: Central Business Existing Land Use: Morgan Furniture (The bldgs appear to be attached) East: Future Land Use Map Classification: Commercial Zoning District: Central Business Existing Land Use: East of 7 1h Ave. Vacant South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Industrial Industrial Alley then Ferrell Gas Co. Single -Family Residential Industrial Vacant strip and Auto Works west of that area ,A nalysis 1. The proposed zoning is not contrary to Comprehensive Plan requirements. This property could be served by being a Central Business Zoning District and that District is compatible with the City's Comprehensive Plan. 3. The proposed zoning will not have an adverse effect on the public interest. Central Business Zoning and proper development under that District will not have an adverse impact on the public interest. IPAGE ) Staff Report Applicant: Tom W. Conely Rezoning Request Petition No. 03-006-R 4. The zoning request is appropriate for the location proposed, uses in this District are reasonably compatible with adjacent land uses, and the Zoning District is not contrary or detrimental to urbanizing land use patterns. The zoning request if approved would allow uses compatible with the retail furniture store immediately to the North and the Gas Company to the South 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The Commercial Business District will help to contribute to positive development within the neighborhood. 6. The proposed use can be suitably bufferedftom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Uses within this Zoning District can be buffered from other surrounding uses through Site Plan approval. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. IMMI C mmmary and Conclusions Prior to Certification The zoning request is recommended to be approved as the Central Business District is compatible with the Commercial Future Land Use category. This, however, is not an approval for the prior existing non -conforming dancehall, social club use that previously existed in this location. f4tachments Attachments to this Staff Report include the Zoning Atlas map indicating the location of the subject property. Fecornmendation Based on the above criteria being met, the request should be approved as it is consistent with the Comprehensive Plan and Land Development Regulations in force at time of application. Submitted by: James G. LaRue, AICP August 15, 2003 (PAGE I City of Okeechobee General Services Department 55 S.E. 3d Avenue, Room 101 eec ob e, Florida 34974-2903 Phone: (863) 763-3372, ext. 217 Fax: (863) 763-1686 Date: Petition No. Fee Paid: Jurisdiction--?LA/4,V0JA 1 st Hearing: 2nd Hearin**g:' Publication Dates: Af L Notices Mailed: -7-63 Uniform Land Use Application R~np. - Rneeial Fycention - Variance ,/I F6/ Name of property owner(s): LOS DOS C014PADRES,- INC. A Owner mailing address: 650 N.W. 98th Street, Okeechobee, , Florida 34972 P'' P Name of applicant(s) if other than owner (state relationship): TOM W. CONELY, III (Attorney) L I Applicant mailing address: P. 0. Drawer 1367,-Okeer-hobee, Florida 34973 C A Name of contact person (state relationship): Same as above N, T Contact person daytime phone(s): (863) 763-3825 Fax: (863) 763-6856 V Property address / directions to property: 702 S.W. 2nd Street (Behind Morgan's Furniture) — Indicate current use of property: Commercian Indoor/Recreation Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): 1 large CBS Building Approximate number of acres: 0 . 9 7 33 Is property in a platted subdivisio22;ggo jEded by P Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: None cited R 0 P Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: No E R Is a sale subject to this application being granted? Yes T y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Yes Describe adjoining land uses/ improvements to the North: Commercial South: Indus tr ial/Commerc ial East: Vacant/Commercial West: Commercial Existing zoning: Industrial Future Land Use classification: Commercial Actions Requested: (1_) Rezone Special Exception Variance Parcel Identification Number: 2-22-37-35-OAOO-00001-0000;BOOO; 00004-0000 V I Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 3?)days and may result in the summary denial of this application. Tom W. Conely, III 7AU/03 Sitmature Printed Name Date M Land Use Application (rev. 1/03) Page I of 2 Current zoning classification: industrial Requested zoning classification: entral Bus ness R What is your desired permitted use under the proposed classification: E Z' Commercial Indoor Recreation 0 N If granted, will the new zone be contiguous with a like zone? E Yes LlIs a Special Exception necessary for your intended use? No Variance? No the Special Exception sought: HDescribe S P E C Provide specific LDR ordinance citation: A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I If business, briefly describe nature including number of employees, hours, noise generation and activities to be 0 N HI conducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: A N C Did you cause or contribute to the characteristic? Is so, describe: EWhat is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 APPLICATION TO REZONE PROPERTY LOS DOS COMPADRES, INC. INFORMATION I - PROOF OF INTEREST IN PROPERTY 1. The property is owned by Los Dos Compadres, Inc. Tom W. Conely, 111, has signed the application as attorney for the owner. 2. A copy of the Warranty Deed conveying title to Los Dos Compadres, Inc., recorded in Official Records Book 373, page 45, public records of Okeechobee County, Florida, is a part of the application. 3. Consent of Owner - N/A 4. Corporate entity authorization - N/A INFORMATION 2 - PROPERTY SURVEY AND LOCATION MAP Is a part of the application. INFORMATION 3 - PROPERTY OWNER'S LIST Is a part of the application. INFORMATION 4 - STATEMENT OF USE 1. Special Reasons/Basis for Request. The owner has been using the property for dances, public gatherings, parties, social events, etc., ever since acquiring it in December, 1995. Recently, after executing a contract to sell the property, the owner was informed that this use was not proper because the property was zoned for industrial use. The owner was further informed that if the property was sold and conveyed to a new owner the present use must be discontinued. 2. Intended Use. The owner and proposed purchaser intend to continue to use the property for dances, public gatherings, parties, social events, as it has been used in the past 8 years. 3. Existing Use of Surrounding Property. North - Commercial (Morgan's Furniture) East - Vacant, Commercial South - Industrial, Commercial West - Vacant, Commercial 4. N/A INFORMATION 5 - SUPPLEMENTARY SUPPORTING INFORMATION N/A INFORMATION 6 - TUBULAR SUMMARY offl, INFORMATION 7 - SITE PLAN N/A INFORMATION 8 - SITE PLAN N/A INFORMATION 9 - ENVIRONMENTAL ANALYSIS N/A INFORMATION 10 - PUBLIC FACILITY IMPACT ANALYSIS N/A INFORMATION 11 - SIGN PLAN N/A K 373 P.,cE .15 P—ail U) N—.b—. 2-21-37-35-OAOO-00001-0000 Or— 11 TM: War,,-anty Deed This Indenture, Made Lhis 14th day of December , 1995 A 1) Net ween JANfES A. MORGAN and YVONNE D. MORGAN, his wife, of ow Coonry of OKEECHOBEE I soania Florida , grantors, —i LOS DOS COMPADRES,- INC., a corporation existing under the laws of the state of FLORIDA si address i,: 650 N. W. 98TH STREET, OKEECHOBEE, Florida 34972 of Lhe C.—Y of OKEECHOBEE I s...( Florida , grantee. Witnesseth Us., the GRANTORS, for and in consid—i.. of a. — of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------- TEN & NO/100($10.00) ------------------- DOHARS and g,..J and sid-bi. GRANTORS in hand paid by GRANTEE. ase —,pl -h—nf is h—hy .1k-1.dg.d, h.— granted. bargained and sold lo Use saidl GRANTEE aid OR.ANTEE'S —cs,ors and —ilins F--, she `,11—ing d—rihsd lanil, t—te. lying and being in the C—ty of OKEECHOBEEsiaa, or Fiorida in — BEING A PARCEL OF LAND LYING AdID COMPRISING A PART OF SECTION 21 TOWNSHIP 37 SOUTH, RkNGE 35 EAST, BEING MORE PARTICULARLY ON THE ATTACHED SHEET. Subject to restrictions, reservat�one and easernents of record, if any, and taxes subsequent to 1995. and he graisols do h—hy My —rars, dit, it, said! land. arid �11 defend dic urre, gii 11-ful clains, of 11 per.— h--c, In Witness Whereof, Ove granliors K-c her—nin sel ificir haradi and —11 the day and year fir,i N— —fi- Signed, sealed and delivered In ou __=cncc: 4, Printed Narne:,WIW C, J ES A. 17)e6 MORGAN Witnes 4 Add— 9949 N. E. 16TH STREET. OKEECHOBEF 1:1 N YV D. MORGAN A Witn P�O, 0— 9949 N E. 16TH STREET, OKE M-1011F:r.. 1:1, STATE OF Florida COUNTY OF OKEECHOBEE Ths, foregoing isestrunnern — acknoalladged be(.. di. 14tb day rif December 1995 1,, JAMES A. MORGAN and YVONNE D. MORGAN, his wife, .................. ,,h. .. Personally knows, in Ni?*'�Wrida driver's lice This Doesinnerst PmNmd By, z a. o' 'h. Susm LOSCOMB M z F C,,aaa. .< OKE&TANTIE TITLA CO. J� 24, IM rX 1� 7 500 N. W. 61N STREET p a goX 1j, N.,,,23n0 LLJ NOTARY ?UBLIC LLJ OKEECHOBEE FL 34973 "lls My C—ni—ion E�P—: F, A 4 8 4 A OR BcG� M FKE BEING A PAACIL OF LAND LYING IN AND COIKPRISINC A PORTION Or SECTION 21, TOWNSUIP 37 SOUTH, RANGE 35 EAST, OXEECHOBrE COOW'n, FLORIDA, AND BEING MORE PARTICULA.RLY SOURDED AND DESCRIBE.D AS FOL4-OWS COPUKENCING AT THE INTERSECTION OF Tilt SOUTHI.R.Ly RIGHT- OF-WAY LINE OF SOUTH P"J STREET AND THE EASTERLY RIGUT-OF-WAY LINE OF F-I-C. 'S FOAER EAST TrAM TRACI 100.5y THENCE 8 1 Darm 6 051271 AWNG A LINZ PA.RA.LLlL TO AND 20 rXZT LAST Or SAID p.Z.C. rORAER EAST TLAX TRACI NO. 5, A DIST&W-1 Or 116.45 FELT TO T8Z POINT OF BEGINNINCI THINCE 8 89 D&GRZIS 491426 1, A=WG A LINE A-DJACENT TO THE WALL OF AN EXISTING BUILDIHG, A DISTAIr ,Z.oj, 44.42 ?LET TO A POINTI THEKE S 0 MAZES 101190 w, Ow A.LIkA.4tUNNIwoG T83DOGH SAID BOILDING AND BEYOND, A TOTAL DISTA.Abcz of-1184.0�1V-71ST TO A POINT LYIWG ON THE NOkTHZRLY RIGHT-OF-WAY 2XD AVZNUX, KXTZXDZDI THE14CE S 89. DEGREES 54'070 Wo _"A��A ii4le q c OF 20.94 FLIT TIO A POINT; THENCE N 07 DLC312S 05,270 w � --4LOmQ';:;h Ll YA 20 FEET FROM A= PARALLEL TO F.9.C.'S FORAZA KAZT TZAX,TXjM go. 5, A DISTAWl Of 184.56 FEET TO TKZ POINT OF SAID PROPERTY ALSO KNOWN AS PAX2L NO.1 Of THE 00LISC80"m LANDS, AS DESCRIB&D IN'KXHIBIT *A- Or THE OXCLA2ATIOld OF CCVZXAJITS Mo RESTRICTIONS FOR OKEECHOBEE WAJMHOUSA. AND ALSOi BEING A PARCEL OF LAND LYING IN AND COKPRISINC A PORTION 01 SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 LAST, OXISCUOall COUMTY, rLORIZA AJQ &ZJ14 ASOAX JA=CULART bZQ'QQ'l Ab0 j=jCJtjL= Aj ?0L.L4PW*i COMMENCING AT THE INTERSECTION Of THE SOCTUIRLY RICUT-01-WAY LIXI OF SOUTH PAJUE STRZET AND THE LASTULY RIGNT-07-WAY LINI OP P.Z.C.'S PORXU LAST TZAX TRACI WO.5, TULNCI SOUTH 7 DXCJUES 05,27, LAST, ALONG A LINE PAXAIJ-EL TIO KbM 20 FEET LAST OF SAID F.K.C.'S FORALR PAST TEAA TRACI )40.5, A DISTANCE OF 116.45 FErT T T"MCE S 89 DEGREES 49142- Z, 10 A POINTI ALOWG A LINE xrlQAa_-E).-r TO TER WAJ_L OF AN F_XISTIpG OUIL.DI14G, A DISTAMZ-A OF 44.42 rtrT Tlo THE POINT Ol BZGIWNINGI THENCE CONTINUE S 89 DECREES 491.i2l El AJ,ONG SAlD LIKE ADJhCEN`T TO TNZ WALL Or AN LXISTI)OG BOILDING, A DISTANCE OF 40.20 FZVT TO A POINTI TLENCE 6 0 DEGRE.18 10'18' W, ON A LIKE RUNNING THROUCR SAID BUILDING Ajo BEYOND, A TIOT A-L DISTKOCE Or 194.78 rzzT To A POIbrT LYING ON THE NORTHERlY RIQHT- OF-WAY LINZ Or SAID 6W 2XD AVENUE, LXTlt=LD; THENCE M 99 DZ;G'2xlV-S 54-07- W, AWNG SAID E.XTZNDID MORTHZ"'T RIGRT-OP-WAX LINZ W SW 2XD AVZbfUl, A DIBTKkCZ OF 40.20 FLE'T TO A POINTj TaLuc It x 0 DEGREES 101141 2, A 016TMCZ OJF 194.27 FLIT TO THE POINT OF BEGINNING. SAID PROPZXTY ALSO KNOWA AS PA.RCAL NO.2 OF THE AS DZSCXIBLD IN EXHIBIT "A* OF THE DICLAJLATION 00 COVXXA.WTS, AND RZSTRICTIOU FOR OZLZCZIOSZS WAX"OUSE. AND AL&Oi BEING A PARCEL Of LA.MD LYING IM AM CO"RISING A Poniom OF SICTION 21, TOVN.SHIP 37 SOUTH, RANGI 3S LAST, O&ZEU0913 0-whrTy, FLOXIDA AND BEING MORE Ph"ICULARLy WCNDZD A)o DASCRISW AS rOLLOWSi COK"16CING AT THE IN'TRASECTION OF TH." S0QTHERLY RIGHT-OT-WAY LINE OF SOUTH PAJU 6TRZZT AIC THE LkSTLILLY RIGHT-OF-WAY LINE OF r.l.C.'S FORAER LAST TKAX TRACI NC.5) THENCE S 7 DEGREES 05'27* E, KLZNG A LINZ PAAKLLEL TO AA[D 20 rtrT LAS-T Or SAID F.3.C. 'S �ORAZA EAST TEAA TRACI NO.5, A DISTANCE OF 116.45 FEET T-0 A POIRTI THEKE S b9 DEGREES 49'42* E, A1,ONG A LINE ADJACLNT TO THE WAJ-L OF AN F-XIbTING'BUILDING, A Djn"CE OF 84.62 FEET TO THE POINT OF BEGINNINGi THENCE CONTINUE a 89 DECREES 49'42' F, ki-ONG SAID LINE ADJACENT TO THE WALL OF AN EXISTING BU'LzING' A DISTA.WCE OF 31.48 FEET TO A POINT) THENCE 5 0 DEGREES 10'18' W, ON A LINE RUNNING THROUC8 SAID BUILDING, A TOTAL DI.ST,NNCE OF 184.63 FEET TO A POINT LYING ON THE NORT8ERLY RIGHT-OF-WAY LINE OP SW 2ND AVENUE, EXTENDEDI THENCE 5 89 DECREES 54,07* W, A._1OHG OF Sw AVEN-E, STA14CE OF 31.48 FEET TO ; POINTf THEN�E N 0 DECREES 10116: A �'ISTANCE Of 184.78 FEET TO THE POINT OF ULGINNING. SAID PROPERTY 'ALSQ ENOWN * A!i PAkCEL NO.3 OF THE -OXELCHOEILE LANDS" AS DESCRIBED IN EXHIBIT *A' OF THE DECLARATION OF COVENAT�: ANU �_ESTRJCTIONS FOR OXEECHOBLE WAREHOUSE. OR r A -ND A.L-SO 8c"F 3 13 1 , � z 5 & I NG A PA -RC E L Of LAKD LYING IN AND CC�MPRJ SINC; A PORTION OF SECTION 21 , TOWNSHIP 37 SOUTH , RA.N C Z 3 5 EAST, OXEEC80BLL COON"IFLORIDA AND BEING MORE P"TICULA-RLY BOUNOLD AND DESCRIBED AS ?'OLLOWS: COKXZ)4CIk%G AT THE INTERSECTION Or THE SOUTHER.Ly RIGHT-OF-WAY LINE OF 80 UT H P&RX STREET AND THE EA ST E ILL Y RICUT-OF-WAY LINE OF F-E-C-'S FORMER LAST TE" TRACK 00.5t, THENCE S 7 DECREES 05'27* E, ALONG A LINE PA"LLEL TO AND 20 FEET E.A.ST OF SAID F.E.C.19 FORMER LAST TEAM TRACK NO-5, ADISTANCE Of 116.45 FEET TO A POINT; THENCE S 89 DEGREES 49'42' E, AJONG A LINE ADJACENT TO THE WA-I-L Of AN EXISTING BUILDING, A DISTAMCE Or 116.10 FLET TO THE POINT OF BEGINNING; THENCE CONTINUE 6 89 DEGIZES. 49'42' E, P)LBSINC INTO SAID BUILDING, A DISTANCE OF 40.20 FEET TO A POIWTt THENCE B 0 :'�EGR.Kts lo,18, W, ON A LINE RUNNING PEJLPENDICULA.R. TO &AID EXISTING WALL, A DISTANCS Of 184.44 FEET TO A POINT::LYING ON THE WORTUERLY RIGbT-OF-WAY LINE OF SW 2XD AVENUI!, KX TZXDZDi THENCI S 89 DECREES 54'07- W, A.WNIG SAID ZXTZXDLD uokrgbLLY RIGHT -OP -WAY LINE Of SW 2ND AVENUE, A DISTANCE Of 40.20 'r UT�'.--fo A POIN`Tj THENCE N 0 DEGREES 10'16' E, A DISTA-MCI OF 184. . 6 3 r jgT To THE Of BEGINNING. SAID PXOPERTY ALSO KNOWN AS PARCEL NO.4 OF THE 'OKELCHOBZF LAI-MS* AS DESCRIBED IN EXHIBIT 'A' OF THE DECLARATION OF COVENANTS A-IM RESTRICTIONS FOR OKUCHOBEE WMUbousE. Abm Al -SO: BEING A PA-RCEL OF L-kNO LYING IN AND COMPRISING A PORTION Or SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OXZ&;CHOBE9 COURTI, FLORIDA P,�M B9INC MORE PARTICULA.RLY BOUNDED AJM DESCRIBLD AS FOLLOWS: COKMENClk,-. AT '?.Ir INTERSECTION Or THE SOUTUSILLY RICiiT-Or-WAY LINE CF SOUTH P A-JLX STREET AND THE LASTLRLY lIChT-OF-WAY LINZ 0 r F.S.C. 'S EAST TEA-M TRACI NO.5j THENCE 6 7 DECRIES 05-27- 9? "ONC A LINE PARALLXL TO AND 20 FLET EAST Or SAID F.E.C.-S rORAER LAST 7F." TRACI NO. 5, A DISTANCE OF 116.45 FEET TO A POINTi THENCE 6 89 DECkIE'S 49'42* E, ALONG A LINE ADJACENT TO THE WArr or AN EIISTIWG BUILDING, A DIBTA.HCE OF 156.10 FEET TO THE POINT OF BEGIMNINGr THENCE CONTINUE 8 89 DZCRIS'S 49'42* 2, KLO*G &AID LINE ADJACENT TO THE WALL OF AN EXIS-77)*_C bQjL.DINC' Abm PNES I)OG TdR0UGB SAID BUILDING, A DISTA.WC9 ;F 40.20 FEET T'O A F'O I XT j T HENC 1 6 0 DEGREZ'S 10-18- W, A DISTkW--Z Of 15.00 F LET TO A POI�tTj THZNC9 6 89 DEGREE'S 49'42' 1, A DISTA.NLE Of 41.75 rzrT m A POI N'T I SAID POINT LYING ON THE cROP08XD WESTERLY RIC2T-or-vAy LINE OF S`W 7TW AVENUE) THENCE 8 0 D3CRAZ'8 02-11- E, A=NG SAID PROPOSED RICHT-OY-WAY LINE OF SW 7TH AVEMUZ, A DISTANCE Of 169.0� FEET TO A POINT LYING ON THE NORTHERLY RICErT-OF-WAY LINZ 0,7 SW 2XD STREET, KITENDEDi THENCE S 89 DLCREE'S 54'07' W, A.LONG E.A.1 D NORTHLXLY RIGHT-OF-WAY LINE OF SW 2XD ST RE JrT , EXTENDED, A DISTANCE Of 82.57 FEET TO A POINT) THE14CE N 0 DZCJU&E'S 101181 E, A DISTANCE OF 184.44 FIXT, PASSING TU20UGS SAID BUILDING, TO TEE POINT OF BECINWING. SAID PROPERTY ALSO SHOWN AS PA.RCZL NO.5 OF THE *OKEECHOBEE LA=S AS DESCRIBED IN EXHIBIT 'A' OF THE DECLARATION Of COVXXAMTS AND RESTRICTIONS FOR OlXXCbOBEl WAAjHOUSz. A XD A.Lso I PKRCZL Bi BECIWNINC AT THE SOUTHWEST CORNEA OF THE INTLRSEC-.ION OF THE WEST LINE Of OKEECHOBEE AVENUE AXD THE SOUTH LINE Of SOUTH PARS STREET, ACCORDING TO THE PLAT OF O&LICHOBES, RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RZCORDS Or OKEECHOBEE COUNT-y' rWRIDA, FOR P.O.B.y THENCE SOUTH ON THE WEST LINE OF OKEECHOBEE AVT blUE, 1040 FEET TO THE NORTHWEST CORNER OF THE INTEILSzCTION Or T .HE NORTH LINE OF FIFTH AVENUE AND THE WEST LINE Or OKEECHOBEE AVE SUR , AS SHOWN ON PLAT OF OKEECHOBEE RECORDED IN PLAT BOOK 51 PACE 5, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDAl !'HE)*CE WEST ON THE NORTH LINE OF FIFTH AVENUE, 210 FEET, MOU OR LESS, TO A POINT) SAID POINT BEING LOCATED 20 FEET FAST OF THE PRESENT CENTER LINE OF THE *FORAER FLORIDA LAST COAST RAILWAY,EAST TLA.M TRACI H0.5 (AS SHOWN ON RAILWAY RICHT-OF-WAY BLUE PRINTS Now ON FILE IN THE OFFICE OF THE CLERX OF CIRCUIT COURT OF OKEECHOBEE COUNTY, FI.4RIOA); THENCE NORTHERLY ON SAID LINE FOR A DISTANCE OF 1043 FEET, MORE OR LESS, TO THE INTERSECTION OF THE SOUTHLINE OF SO U`- H PARK STREET, THENCE LAST ON THE SOUTH LINE OF SOUTH PAU STR.EET TO THE P.O.B. LESS AND EXCEPT LANDS CONVEYED TO CROUP TEREE INVESTMENT COMPANY, BY OLEO RECORZED IN OFFICIAL RECORDS BOOK 2A3, PA'--,- 1933 OP THE PUBLIC RECORDS op Oj(EECboBEE COUNIlly �':. ', P T OA . :--ESS AND LXCEFIT THE FOLLOWING DESCRIBED PROPERTYi COKXZWCE AT THE SOUTHWEST CORNER OF THE lb(TERSECT10M OF TliE WEST LIWE Of OKEECHOBEE AVENUE (SW 7TE AVENUE) AND THE SOLrTH LINZ Or .qOUTH PAJU STRIET, ACCORDING TO THE PLAT Of OKEECHOBEE RECORDED IN PLAT BOOK 5, PACE 5, OF TUB PUBLIC RECORDS Of OLERCItOBEZ couwry, rL-ORIDAI THENCE RUN 8 0 DICR-CE'S 02'10* E ALONG SAID WESTZILLY RIGUT-OF-WAY LINE OF OKEECHOBEE AVENUE, A DISTXNClf`l-OP 370.32 FEET TO THE INTZRSECTION OF THE SOUTHERLY RlGHT-;.;.Or.-�W.AY LIKE OF SW 2XD STRIET EXTENDED AND THE WESTERLY RIGHT OF-.WAVL7 OF OKEECHOBEE AVENUE (SW 7TH A.VZNUE) SAID POINT BEING THE..-.1�1OXXT OF BEGINWI)+G, THENCE S 0 DEGREE'S 02'10* E CONTINUING ALONG�-&Ail) WESTERLY RIGHT-OF-WAY LINE A DISTANCE Or 620.00 FELT TO A.:'P'OIWT 50 FEET WORTH OF THE NORTHERLY RIGHT OF WAY LIKE UP SW 4TB STREETI THENCE 8 89 DEGREES 54'07* W PAAALLEL WITH SAID NORTUZY-,%;' RIGHT OF WAY LINE A DISTANCE OF 197.73 FEET TO A POINT LYING ON THS EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAYS FORMER TLAX TRACK (TRACI NUMBER 5) SAID POINT LYING 20 FEET LAST OF THE CENTER LINE OF SAID TRACK, THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING LONG CHORD B&kJkIWCS AJM DISTANCES, N 6 DEGREE'S 08'14" E, 303.36 FEET, N 0 DACRIE'S 22-30- X, 92.67 FEET, N 0 DEGREE�S 07-07- W, 100.77 FEET, N 3 DEGRZE'S 52'19* W, 125.27 FEET TO A POINT, THENCL LLAVINC SAID RIGHT OF WAY LINE N B9 DEGREE'S 54'V* E Air)NC THE &OLrTHZRLY RIGHT OF WAY LINE OF SW 2ND SrPXE'T (EITENDED) A DISTA.14CE Of 172.97 FEET TO THE POINT OF BEQINNING. AND ALSOt BEGINNING AT THE INTERSECTION OF A LIKE 10 FEET WESTERLY FROM XN:D PARALLEL TO THE PRESENT CENTER LINE OF THE FLORIDA CAST CO.1,ST KAILWAY'& FORMER LAST TEAM TRACK NO.5 A)Q A LINE 10 FEET EASTERLY FROM AMD PARALLEL TO TUB PRESENT CENTER LINZ OF Till MAIN TRACI OF THI FLORIDA LAST COAST SLAILWAYI THENCE SOUTHERLY 963 mr?, moRE OR LZBS, ALONG A LINZ 10 FEET wjvTLjLLy r"-. Abo PAJLALLIL.TO THE pRZSZRT CINTEILLINE OF TUB EAST TLAX TRACI TO TUB INTLRStCTIOX OF THE AFORESAID LIKE AND A LINE 10 F&S? LAsTLjLLY rRoK AJO tAXALLIL T-0 TBz pRYSENT CENTER Llr;3 Or THE FORAER "IN TRACK Or THE FLZRIDA LAST COAST RAILWAY, SAID IWTZRSZC'TION BEING LoOCATED A.PPRj3XIX,ATZLY IW THE WORTH LINZ OF FIFTH AVINUAI THENCE NORT"lly 960 FEET, MORI OR LESS, ALONG A LINE lo rzjrT LAsTERLy r2om mo PKRKLLZL TO THE PRESENT CENTERLIkl OF THE X.Ali; TRACI - FLORIDA L&sT COAST RAILWAY TO THE P.O.B. LESS AM EXCEPT A PARCEL Op L_kND COXvEyED To SEA.BOA-RD AIR LIKE RAILROAD CORPAXY BYL DIED F_ECORDED is DEED BOOK 47, PAGE 257, ALSO LESS AND &XCIn A PARCEL Op LAIC CoNVEYED T'O ROBERT M. KArTHL-WS, JR. BY DIED RECORDED IN OFFICIAL RLCORDS 5001 14, PACE 121 Of THE PUBLIC RECORDS OF OxEtCHOLZz couNvy, FLORIDA. LESS A= LXCEPT THE FOLL�OWIHG OESCRI59D PROPEKTYt colmAENCINC AT THE SOU`TdWEST CORNER Of THE lN`TlRS8CTIObl Or THE WEST LINE Of OKEECHOBEE AVENUE (SW 7T8 AVENUE) AND THE SOLTTELINE or 5OUTU PA.Rx STREET, ACCORDING T'O T b Ii PLAT Of CIEECUOBEE kECORD&D IN PLAT B4O09 5, PACE 5, PUBLIC RECORDS OF OKEECHOBEE COUWT-(, yLOpIDA, THINCr DUE WEST ALONG SAID SUTHERLY RIGHT Of WAY LINE Of WUTH PARS STREET A DISTANCE OF 239.14 FEET TO A Pol WT LYING ON A LINE 10 FEET EASTERLY PROa AND PkJLALLVL TO THK PRESENT C R N'T EAL I N E or THE PLAIN TRACK OF THE FLORIDA LAST COAST P-AILWAY, THINCI 8 0 DECRIE'S 04'14' W kWUG &AID LIKE A DISTANCE ot 369.91 FLXT TO THE POINT Of BEGINNINGI THENCE CONTINUE ALONC SAID LINE A DIBTX14CZ or 670.88 FEET To A POINT LYING ON THE NORTHERLY RIGHT Of WAY Or SW 4TH STREET) THEKE N 89 DEGREE'S 54'07* It AloONG SAID SORTHEALY LIGHT OF WAY LINE OF SW 4TH STREET A DISTXNCZ OF 7.87 F LET TO A POINT LYING ON' * A LINZ 10 PEST WESTERLY FROM AND PAIA.LUL WITH THE PRZBZNT CEWrEILLIME Of THE FLORIDA LKST COKST RAILWAY'S FORMER LAST TEAM TRACK (TRACK NO.5), THENCS hLONIG A LINE 10 FEET WESTERLY FROM XND PA.RALLZL TO SAID EAST TEAX TRACK NUMBER 5 TUB FOLLOWING LONG CHORDS BLA.RINC KND DISTAl"I N 06 DEGREE'S 08-14- 9, 355-42 FELT, N 00 DEGREE'S 22'306 9, 41.04 FEET) N 00 DECRzzlS 071071 W, 99.66 FEET, N 03 DEGREE'S 52'le' W, 121.00 FEET, N 07 DECREES 05127- W, 6.17 PEE-r TO A POINT LYING ON THE SOUTHERLY RIGHT OF WAY LINE OF SW 2ND STREET (EXTEN�DED)i THENCE ALONG SAID EXTENDED LINE S 89 DEGREE'S 54107* W A DISTANCE OF 36.50 FEET TO THE POINT OF BEGINNING. CID 0 r- rr > rn F= 00 cl m c LOS DOS COMPADRES RECOMMENDED LEGAL DESCRIPTION A parcel of land lying in and being a portion of Section 21, Township 37 South Range 35 East, described as Parcel Numbers 1, 2, 3, 4 and 5 of "Okeechobee Lands" in that certain Warranty Deed recorded in Official Records Book 373, Page 45, Public Records of Okeechobee County, Florida, and being more particularly described as follows: Commencing at the intersection of the southerly right-of-way line of South Park Street according to the plat of OKEECHOBEE, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, and the easterly right-of-way line of F.E.C.'s former East Team Track No. 5; thence S 07008'27" E, along a line parallel to and 20 feet east of said former East Team Track No. 5 for 115.45 feet to the Point of Beginning, also being the northeast corner of Parcel No. 1 of said "Okeechobee Lands;" thence S 89'49'42" E along the north line of Parcels 1, 2,3,4 and 5 of said "Okeechobee Lands" for 196.5 feet to a nail set with disc in a concrete building corner; thence S 00010118" W along an east line of said Parcel 5 for 15.00 feet; thence S 89'49'42" E along a north line of said Parcel No. 5 for 41.75 feet to the northeast corner of said Parcel No. 5; thence S 00002'19" E along the east line of said Parcel No. 5 for 169.05 feet to the intersection with the north right-of-way of SW Second Street, extended west, (formerly known as Seventh Street) according to said plat of OKEECHOBEE, also being the southeast corner of said Parcel No. 5; thence S 89'54'07" W along said extended north right-of-way of SW Second Street, also being the south line of Parcel Numbers 5, 4, 3, 2, and I of said "Okeechobee Lands", for 215.29 feet to the southwest corner of said Parcel No. 1; thence N 07'05'27" W along a line 20 feet east of and parallel to the centerline of said former East Track No. 5 also being the west line of said Parcel No. 1 for 186.59 feet to the Point of Beginning. And A parcel of land lying in and being a portion of Section 21, Township 37 South, Range 35 East, described as Parcel B in said Warranty Deed recorded in Official Records Book 373, Page 45, and being more particularly described as follows: Beginning at the intersection of a line 10 feet westerly from and parallel to the centerline of the F.E.C.'s former East Team Track No. 5 and a line 10 feet easterly from and parallel to the centerline of the main track of the F.E.C. Railway; thence S 00'02'03" W along a line 10 feet east from and parallel to the centerline of said main track for 226.78 feet to the intersection with the north right-of-way line of SW Second Street (formerly Seventh Street) according to the plat of OKEECHOBEE, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida; thence N 89'54'07" E along said extended north right-of-way line for 28.42 feet to the intersection with a line 10 feet west of and parallel to the centerline of said former East Team Track No. 5; thence N 07'06'39" W along a line 10 feet west of and parallel to the centerline of said former East Team Track No. 5 for 228.49 feet to the Point of Beginning. 4r- - U7 LED 08/25/2eO3 14:44 7632171 FBC OKEECHOBEE --N EXHIBIT 4 - SEPTEMBER 8 AGENDA CITY OF ONK"'.-JEECHOBEE QW) 7"M" AGRNDA ITEM REQUEST FORM "an amd or beft �~ hro to: City of Okmebobee Cky Adubmwoes offkw 59 BE 30 Av"we Okoftbe 'he MrNs 34974 NAM: /v- //," - AWAM: VCgf -Z'w-4.w, gam g;?-" I r, L-Itis y —1y 7 V nuavion. ., 7.,"- J -,..R / 7 t - - FAX; e"o 3 MUTING; RWVLAR/11C SPZCL4,L 13 WOURSEW 0 IDAT&- FAX (W) 7"40" n&"Z STATX I'M MM You VVIM TO NAVZ nAC&D ON "M CrrV cotmcm AORPMA'. - =369 c, e A 1. v.0 -Kf &4 PLLASS NrATZ VAUT DLFARTMBNT(g) YOU RAV9 ITE my Tin crry WrrH TWIN FAR; PLZAU WOMMARIZZ PERTMM WMRMA'"ON CONCUMM YOUR REQUUT AND ATTACH APKACADLE DOCUMEM.- IF vW204TATION is To as %Am PxxAsic sTATz. now mucu Timm You AMR RZ-QUWATV4G: 44" SIGr 4r.:� ATE. 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CD 91) 0 G) rii 03 --1 --4 �n . . . . . . . . . . . . . . . . . �1- R m =r — (D o Ko =, 2 :s. , 1. 1-8 1 a a :t -g- 5r CL 2: 1. 21 11 1 4� =-- ch 0 _0 RL in a -9 1 �l Hsi :R, =r CD CD 0 Sp t cOl OD M E-r Ct a — s '8 9D CD CD ca e I 1. 2 -q 03 ::3 9D CD 09 0, —3 0 Q (lD SL C3- CD CD M C�o CL CD :3 1—� CD C3- % 3: cr ?L 3 E; CD C., g?. OR a �t- CD CD Ef) CD CD cn o CD CL CIL CL CL F3* (D W tn m RL 0-- CD (D RUN m G) I ac G') m CD 0 EXHIBIT 5 — SEPTEMBER 8 AGENDA CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mad or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3' Avenue Okeechobee, Florida 34974 017 FAX: TELEPHONE:, MEETING: REGULAR 0--'SPECL4,L C3 WORKSHOP C3 DATE: PLEAg STATE THE ITEM YOU WISH TO HAVE PLAC? N THE CITY COUNCIL AGENDA: PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: PLEASE STATE DESIRED ACTION PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: - I A IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: OATE: 1�e— 36 — _z) 'L x /14 Z. � --- --- --- --- -- ------------ --- --- --- --- --- --- --- ------ --- --- --- ------- - --- --- --- --- --- --- --- --- --- --- --- ---- - --- --- - -- --- --- 7U it ]> T— io, F— IT, i ---------------------- - ----------- - ------ - ------- - -- - - ------------- - -------- - --------- - ----- - --- - ------------------ - ---- - ------------ - - --- - ---- - - --- - - ------- - ----------------------------- ----------------------- *--,--, - --- --- --- --- --- --- - -, - --- --- --- --- --- --- --- --- --- --- -- ... I - t- --`� Memo To: Bill Veach, City Administrator From: James G. LaRue, AICP Date: September 8, 2003 Subject: City Council Meeting of September 8, 2003 As discussed today, I am providing written comments on two City Council items for tonight's meeting because I will not be able to be there at 6:00 p.m. Unfortunately, because tonight's meeting is not on Tuesday, I have a Public Hearing already scheduled at 5:30 p.m. in Lake Placid. I apologize for the conflict, but as you know, our meeting schedules normally would not involve conflicting meetings on Monday. In reference to the Los Dos Compadres' Rezoning, Item No. VII.A. 1. a, the Staff Report for the LPA should be reemphasized. The rezoning should be approved, but the Council is not necessarily approving a specific use whether it is a previous or a future one. This City position should be made clear to the applicant. In rVd to the parking waiver, Item No. VII.C., I have not �W h, information on this request. No ly, a preliminary Site Plan is required.an4, Seption 90-485-(RcduOoiR of Parking Spacemqui di- in Cominercial districts) of the City Code states that reduction of parking �, d requests sh dbehe";t�' tq ouncil after receiving input from the Technical Review', Committee. so, Council may require the applicant to provide a parking study if they wish. To 1 my kndwlez, neither of these items have taken place. JGL:bc I M-7 55 South Parrott Avenue Okeechobee, Florida 34974 August 22, 2003 Mr. Bill Veach, City Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, Florida 34974 Dear Mr. Veach: EXHIBIT 6 — SEPTEMBER 8 AGENDA 863-763-6464 Fax: 863-763-3531 800-871-4403 Per your recent inquiry regarding the makeup of the Board of Directors, I am pleased to advise you that our Board would welcome an ex-officio member from the City of Okeechobee to join them in working for the betterment of our businesses and the promotion of our area. We sincerely appreciate the city's willingness to take this responsibility and work alongside us in our endeavor to represent the best interests of the business community. In filling this Board position, it is our wish to have someone who is currently a member and supporter of the Okeechobee County Chamber of Commerce, Inc.. We feel this would be a positive move and provide a better correlation with our Board's agenda. We would respectfully ask that you provide us with two or more names, to fulfill the nomination and selection process required by our by-laws. Our Board will act prudently and without delay in advising you of our decision. Respectfully, Richard MeyeArR ident EXHIBIT 7— SEPTEMBER 8 AGENDA CITY OF OKEECHOBEE 941)763-3372 * Fax 941)763-1686 CITY DEPARTMENT AGENDA ITEM REQUEST FORM Submifting Depanment: MEETING: REGULAR dl SPECIAL Ell WORKSHOP El DATE: PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA.'R em jg�o'infrneL4t PLEASE STATE RECOMMENDED ACTION BY THE CITY COUNCIL. PLEASE SUMMARIZED ExPLANATION/BACKGROUND INFORMATION AND ATTACH APPLICABLE DOCUMENTS. IF PRESENTATION IS TO BE MADE, HOW MUCH TIME WILL BE REQUESTED? EXHIBIT 8 — SEPTEMBER 8 AGENDA EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, is made and entered into this day of , 2003, by and between the CITY OF OKEECHOBEE, FLORIDA, a Municipal Corporation existing under the laws of the State of Florida, hereinafter referred to as "CITY", whose address is 55 Southeast 3d Avenue, Okeechobee, Florida 34974; and Bill L. Veach hereinafter referred to as "CITY ADMINISTRATOR", whose address on the date of execution is: 13015 Northeast 0 Terrace, Okeechobee, Flo 34972. WITNESSETH: WHEREAS, the CITY COUNCIL has determined to offer the position of CITY ADMINISTRATOR to Bill L. Veach; and WHEREAS, Bill L. Veach has determined to accept the offer from the CITY to serve as CITY ADMINISTRATOR; and WHEREAS, the parties have negotiated the terms of said employment which are set forth in this employment contract; NOW, THEREFORE, in consideration of the mutual covenants, premises, and promises set forth herein, the sufficiency all of which is acknowledged, the CITY and the CITY ADMINISTRATOR, desiring to be mutually legally bound, do agree as follows: I . Employment. A. Commencing on Febn1M 21, 2000, the CITY OF OKEECHOBEE hereby employs Bill L. Veach as CITY ADMINISTRATOR to perform the functions and duties as CITY ADMINISTRATOR as set forth in the City Code of Ordinances 2.52 and 2.53, and as amended from time to time in the sole discretion of the CITY; and such duties as are or may be specified by ordinance, resolution, or direction of the CITY from time to time. Considering this, Bill L. Veach agrees to accept and to diligently perform the duties as set forth herein. The position of CITY ADMINISTRATOR is subject to all requirements of the City Personnel Policies and Procedures. B. This agreement, unless terminated as hereinafter provided, shall commence and remain in effect for a term as set forth below, at which time this agreement shall terminate, unless the terms hereof are modified by mutual consent and/or extended by agreement of both parties hereto in a written modification or extension. The term of this employment shall be for a period of one year, and shall commence on the I" day of October 2003, and unless terminated as hereafter provided or otherwise extended, shall expire on the 30th day of SMtember 2004 at the hour of midnight. This contract, or as subsequently amended, may renew annually thereafter for successive one (1) year terms upon majority vote of the CITY, unless: Either party may give written notice to the other of an intent not to renew the annual contract, which written notice shall be communicated to the other party at least sixty (60) days prior to the ending date of this contract. This notice provision shall not apply in the event of a termination with or without cause, as hereinafter set forth. The CITY also retains the right to terminate the employment at any time during the contract year without cause, which will entitle the CITY ADMINISTRATOR to severance pay, as hereinafter defined. C. The CITY ADMINISTRATOR is subject to an evaluation of his/her performance at least once annually. Said evaluation is to be completed at least three (3) months prior to the end of the contract year. The CITY, in its sole discretion upon receipt of an unsatisfactory evaluation, may extend to the CITY ADMINISTRATOR a period of sixty (60) days to improve his/her performance prior to terminating this contract for cause. The CITY ADMINISTRATOR shall perform all duties and functions of CITY ADMINISTRATOR in a competent, professional, efficient and effective manner, which includes a requirement of open and effective communication between the CITY ADMINISTRATOR, Department Heads, employees, and the City Officials. The CITY COUNCIL shall be the sole judge of whether the CITY ADMINISTRATOR perfon-ns his/her duties in such a manner. 2. Terms of Employment. A. It is agreed that this agreement shall be subject to all provisions of the City Code of Ordinances and City Charter, as may be amended from time to time. B. The CITY and CITY ADMINISTRATOR agree that the CITY ADMINISTRATOR is a full time professional, managerial employee. In consideration of 29C.F.RS41.102, the CITY ADMINISTRATOR agrees that he/she is properly classified as exempt for purposes of the Fair Labor Standards Act. It is recognized that the CITY ADMINISTRATOR will frequently work hours outside the normal work day of 8:00 a.m. to 4:30 p.m., 2 I but "full time" employment as used in this contract means a minimum of a 40 hour week, and the normal hours of the CITY ADMINISTRATOR will be from 8:00 a.m. to 4:30 p.m. Monday through Friday. C. The CITY ADMINISTRATOR, during the term of this contract, shall not accept, continue with, or perform any employment or actions that will create a conflict of interest between such employment or activities with the CITY or it officials. A "conflict of interest" shall be defined as set forth in Chapter 112, Florida Statutes, as a violation of City policies, or as any employment, consultant work, or other professional activity that will be inconsistent with the duties of CITY ADMINISTRATOR, or that interferes with timely and professional administration of City government, or that is contrary to the interests of the CITY. The CITY ADMINISTRATOR and the CITY agree that in all events, the CITY ADMINISTRATOR shall devote such time as necessary to competently and professionally undertake and complete his/her duties, which may include being called out after hours or on weekends for emergency situations. D. This agreement may be terminated by the CITY at any time for cause upon a 3/5 affin-native vote of the CITY COUNCIL. The term "cause" shall be defined from time to time as set forth under Florida law; and may include a violation of any duty or contractual agreement set forth herein, any ground set forth in Chapter 7 of the City Personnel Policies and Procedures, and in all events the failure of the CITY ADMINISTRATOR to perform any of the duties as provided and required by this agreement. Termination without cause shall require a 4/5 affirmative vote of the CITY COUNCIL, as provided by ordinance. Upon a termination for cause or without cause, the employment shall be considered terminated as of the time of the vote, and no ftwther notice of intent to terminate shall be required to be provided to the CITY ADMINISTRATOR. In the event of termination for cause, the CITY ADMINISTRATOR shall receive no severance or dismissal benefit or any other benefit other than earned and unused vacation or compensation as permitted for unused sick leave or annual leave as set out in Chapter 4 of the City Personnel Policies and Procedures as written or hereafter amended. E. The CITY shall have the right for cause as defined, to suspend the CITY ADMINISTRATOR with or without pay. Additional grounds for suspension shall include arrest or information against the CITY ADMINISTRATOR charging him/her with a felony, or any other crime involving moral turpitude. The decision to suspend 3 _N the length of suspension may be made solely and immediately by the Mayor, but shall be affirmed or denied by majority vote at the next regular or special City Council meeting. F. The rate of compensation paid to the CITY ADMINISTRATOR, effective the date of execution of this agreement, or any extension thereto, unless subsequently modified as provided herein, shall be the sum of fifty-seven thousand, six hundred seventy-five dollars and eighty-eight cents ($57,675.88) annually, with annual increases consistent with employee increases throughout the extent of this contract. Said compensation is to be paid in equal installments every week, subject to standard tax and benefit deductions. 3. Benefits. The CITY ADMINISTRATOR shall receive the following benefits: A. All benefits available to every employee as set out in Chapter 4 of the Personnel Policies and Procedures as written, or as from time to time amended by the CITY COUNCIL. B. The CITY shall provide in its sole discretion a suitable automobile for the use by the CITY ADMINISTRATOR to conduct CITY business, which shall include insurance, maintenance, and fuel. Said vehicle may be used by the CITY ADMINISTRATOR for travel to and from his/her Okeechobee residence, all CITY business and travel as required to perform his/her duties, including use to seminars, conventions, out of town consultants, etc. C. The CITY ADMINISTRATOR shall be provided a private office, and clerical support and such other facilities and supplies suitable to the position, and adequate for the performance of all required duties. D. The CITY will pay the premium for group health insurance for the CITY ADMINISTRATOR, with such plan as may be in effect within the CITY; and long-term disability and life insurance on the life of the CITY ADMINISTRATOR in such amounts as determined by the CITY. E. The CITY ADMINISTRATOR is entitled and encouraged to participate in such General Employees Pension Plan as may be in effect within the CITY or as amended. Alternatively, the CITY ADMINISTRATOR may elect to seek to join a deferred compensation plan, such as the International City Manger's Association (ICMA) plan, which satisfies Federal Internal Revenue .19 Service deferred compensation plan requirements. If the CITY ADMINISTRATOR desires to join such a deferred compensation plan or other qualifying plan, upon reasonable right of review and approval by the CITY which shall not unreasonably be withheld, the CITY shall pay into such plan the same amount or percentage as the CITY would pay into the CITY ADMINISTRATOR's General Employee Pension Plan by payment of such amount into a deferred compensation plan. This negates the CITY's responsibility to pay into the General Employee Pension Plan. F. The CITY ADMINISTRATOR shall be entitled, in the sole discretion of the CITY COUNCIL, to periodic merit or longevity salary increases during the term of his/her employment under the CITY's pay plan in effect at that time. G. The CITY ADMINISTRATOR is entitled to attend, without prior approval of the CITY, all Florida League of Cities (FLC) annual meetings; International City Managers Association (ICMA) meeting; Florida City and County Management Association (FCCMA) meeting; Florida Government Finance Officers Association (FGFOA) meeting; American Society for Public Administration; and other similar professional meetings located within the State of Florida. Other out of State meetings must be approved by the CITY COUNCIL in advance. The CITY shall pay the annual dues of the CITY ADMINISTRATOR to the Florida League of Cities; the Florida City and County Management Association (FCCMA); the International City and County Management Association (ICMA); the Florida Government Finance Officers Association (FGFOA); and the American Society for Public Administration. All payments made under this section shall be on a reimbursable basis, provided that receipts and other sufficient documentation have been submitted to the CITY. Mileage, meals and hotel reimbursement shall be at the rate consistent with Section 112.061 Florida Statutes. 4. Termination and Severance. This contract of employment contemplates that the term of employment is annual, and that either party may elect to not renew the term of employment by providing sixty (60) days notice prior to the ending date of the contract. In the event the CITY were to terminate employment of the CITY ADMINISTRATOR at any other time during the contract period without cause, the CITY ADMINISTRATOR shall be entitled to receive severance pay, which shall be his/her salary for a period of three (4) months, which shall mean a sum equal to 1/3 of the annual salary at the time of termination, subject to all standard deductions. In the event the CITY ADMINSTRATOR is terminated for cause; leaves employment in violation of the notice 5 requirements of this contract; or there is not a renewal of the annual contract, then all rights to severance pay are forfeited. All other accrued and unused benefits shall be paid to the CITY ADMINISTRATOR regardless of the manner of separation, as previously set forth. The CITY COUNCIL reserves the right to waive strict compliance to this section upon just cause, as determined solely within the discretion of the CITY COUNCIL. 5. Residence. As a condition to this employment, the CITY ADMINISTRATOR shall maintain his/her primary residence within Okeechobee County, Florida and to complete such relocation at his/her own expense within one hundred eighty (180) days of the execution of this agreement. 6. General Pirovisions. A. This agreement shall become effective upon its approval and execution by the last person signing. B. If any article or part thereof contained herein is held to be unconstitutional, invalid, or unenforceable, it shall be deemed severable, and the remainder of this agreement shall not be affected and shall remain in full force and effect. C. The foregoing sets out the full understanding of the parties, subsumes any and all oral understandings or representations of the parties, and shall not be hereafter altered or amended except by further written agreement signed by all parties. D. The CITY ADMINISTRATOR expressly acknowledges that he/she has read and voluntarily signed this agreement, and agrees that no oral agreements or representations; other written promises; side agreements or assurances or other inducements have been made by the CITY, its officials, employees or agents, other than what is specifically contained within the four comers of this written employment contract. Further, the CITY ADMINISTRATOR acknowledges that this agreement has been fiffly reviewed by hirn/her; that it is completely understood; that he/she has consulted with private counsel or had the opportunity to do so and voluntarily opted not to do so. E. The parties hereto mutually renounce any rights or claim they may have against the other by agreement or by any statute to claim or collect attorneys fees from the other for claims or litigation arising out of the interpretation or enforcement of this contract. P F. This contract shall be construed according to the laws of the State of Florida; and for any claim, action or suit, the parties stipulate that venue therefore shall be at all times Okeechobee County, Florida. G. The CITY ADMINISTRATOR understands and agrees, that for any decision permitted herein by the CITY as it pertains to the performance, suspension, or continued employment of the CITY ADMINISTRATOR, is strictly and absolutely within the sole complete discretion of the CITY COUNCIL, and that CITY ADMINISTRATOR covenants and agrees that he/she absolutely waives, and shall not challenge the exercise of such discretion in any claim, demand, action, suit or proceedings brought by the CITY ADMINISTRATOR due to such decision. IN WITNESS THEREOF, the parties have made and executed this agreement of the respective dates under such signature below, including that of the City of Okeechobee, Florida, acting by and through its City Council, and Mayor who is authorized to execute this agreement on behalf of the CITY, as witnessed by the City Clerk, on this _ day of � 2003. ATTEST: Lane Gamiotea, City Clerk As to the City Administrator: Bill L. Veach Date: As to the City of Okeechobee: James E. Kirk, Mayor Date: IFA N CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: September 3, 2003 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. DEPj N ADMINISTRATION GRIT — The GRIT attorney will be sending a proposed settlement to our attorneys (Cook and Robbins) for review. Shortly thereafter, John Cook will bring the proposal (or a refined version) to the City Council for approvaL Fire Station Project — The City Engineer reports that he anticipates completion of the project within the next 4 weeks. Sheetrock has been hung and is being finished. Issues have risen with the original electrical contractor and he has been replaced. The project continues to be on budget at this time. Weekly "construction meetings", in which the Administrator, Engineer, Public Works Director, Fire Chief, Building Official and Councilman Chandler discuss the project and its progress, are continuing. Industrial Park — On Tuesday, September 2, 1 met with Jim Orth, Dale Milita, Gene Schriner (of CAS) and Nancy Phillips to discuss our plans and our various grants. Dale indicates he may have a business to substitute for Sheffield. Ifthis is the case, we might need to re -write some of our grants. We would follow the direction of each granting entity on how to proceed. I will continue to keep you updated as developments occur in this important project. SR 70 Meeting — A SR 70 corridor advisory committee has been formed by DOT and will be meeting monthly. The committee will address issues related to the eventual widening of SR 70, across the State. I attended the first meeting of the group on Monday, July 2 1, in Arcadia. It is currently planned the group will meet monthly. They have requested that we send our engineer to the second meeting, as they will be dealing with engineering related issues. We will participate in any manner requested on this issue. DEPARTMENT SYNOPSIS' "3 -12 -ep. 4� , AMINISTRATION Widening of NE 6'h Street — I have informally contacted Joe Mullins to see if there CONTINUED were any interests in sharing the costs of widening NE 6 Street. He indicates the bank is not interested in this approach. Flagler Parks — Documents related to the grant administration are being finalized. Final plans for the project, to be developed primarily by Oscar Bermudez, will be submitted later in the process. FINANCE The consultant to assist in bringing the City into GASB 34 compliance is processing information gathered from the staff in the Finance Department. PUBLIC WORKS Public Works employees continue to be most helpful in the Fire Station project. Public Works is currently painting City Hall to match the newly painted Fire Station. Recent rains have inhibited progress. Public Works employees continue to disburse pellets into standing water and have begun limited spraying of wet areas to help keep the mosquito population down. Donnie Robertson and Oscar Bermudez seem to have cleared permitting issues with DEP related to the 4'h Street Boat Ramp. The ramp has been reopened following minor repairs; however, more extensive repairs are needed. Donnie Robertson is working with the contractor to schedule installation of the guardrail on SW 12 Avenue at SR 70. 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 and coordination of the Fire Station project. Public Works employees continue limited spraying within the canals and report positive results. Current high water conditions limit the progress that can be made. DEPARTMENT SYNOPSIS CITY ATTORNEY The following are included in the items I have asked Attorney Cook to address. I . Procurement of the Billy Mason/NE 9 Street right-of-way. 2. Noiselbreach of peace/animal ordinance. 3. Work with Building Department to draft notification regarding trailer park deed restrictions. 4. Draft ordinance related to allowable mobile home age. 5. Research annexation issues. 6. LDR issues such as conversion of former residential structures to commercial, non -conforming structures, building site elevations, visibility triangles, drainage and street cut/right-of-way resolution. 7. Hamrick Trust — John is in discussion with the County Attorney on this matter. 8. GRIT issues. 9. Adelphia Contract. 10. Marvin Brantley's continuing situation. K