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2004-01-06 Regular & Executive1. CALL TO ORDER - Mayor: January 6, 2004, Regular City Council Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Larry Kilgore, Okeechobee Church of God; 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. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. CITY OF OKEECHOBEE JANUARY 6,2004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Mayor Kirk called the January 6, 2004 Regular City Council Meeting to order at 6:05 p.m. The Invocation was offered by Reverend Sally Bull of the Presbyterian Church; Mayor Kirk led the Pledge of Allegiance. City Clerk Gamiotea Galled the roll: Present Present Present Present Present Present Present Present PAGE I OF 12 A. Present a Fifteen Year Employment Service Award to J.P. Zeigler. Mayor Kirk presented Mr. John Paul Zeigler with a Certificate of Appreciation and Longevity Service Award for his 15 years of service with the City of Okeechobee. Mr. Zeigler has been an employee of the City within the Police Department since January 10, 1989. He thanked the Mayor and the Council for the opportunity to be of service to the community. V. WARRANT REGISTER - City Administrator. A. Motion to approve the November 2003 Warrant Register: Council Member Watford moved to approve the November 2003 Warrant Register in the amounts General Fund, two General Fund ............................... $291,635.21 hundred ninety-one thousand, six hundred thirty-five dollars and twenty-one cents ($291,635.21)1- Capital Project Capital Project Building Fund .................... $9,940�66 Building Fund, nine thousand, nine hundred forty dollars and sixty-six cents ($9,940.66)l- Public Facility Improvement Public Facility Improvement Fund ................. $3,501.24 Fund, three thousand, five hundred one dollars and twenty-four cents ($3,501.24); Law Enforcement Special Fund, one Law Enforcement Special Fund ............ I ..... $1,460.00 thousand, four hundred sixty dollars ($1,460.00)l- seconded by Council Member Markham. 691 692 V. WARRANT REGISTER CONTINUED. A. Motion to approve the November 2003 Warrant Register continued VI. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Acton for the December 2, 2003 Regular Meeting. Vil. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR DIRDINANCE ADOPTION -Mayor JANUARY 6,2004 - REGULAR MEETING - PAGE 2 OF 12 There being no discussion regarding this item, vote was as follows - VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the December 2, 2003 Regular Meeting; seconded by Council Member Williams. There was no discussion regarding this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whetherthere were any requests forthe addition, deferral orwithdrawal of items on today's agenda. Attorney Cook advised that New Business Items A and B are to be combined into one item. The one ordinance proposed in Exhibit 4 covers both topics on Junk and Noise. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 P.M. A. 1. a) Motion to remove from the table, a motion to adopt proposed Council Member Watford moved to remove fromthe table, a motion to adoptproposed Ordinance No. 846 establishing Ordinance No. 846 establishing regulations for mobile homes - City regulations for mobile homes; seconded by Council Member Williams. Attorney (Exhibit 1). 1 693 JANUARY 6,2004 - REGULAR MEETING - PAGE 3 OF 12 XAII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Discussion regarding the adoption of proposed Ordinance No. 846 Attorney Cook read the title of the proposed ordinance for information purposes only. There were no questions or (Motion made by Council Member Markham, seconded by Council comments from the public. Council Member Williams advised of various typographical errors in Exhibit A attached to Member Chandler). the Ordinance. Council also discussed the difference in the two dates, January 1, 1974 and June 15,1976. There was also a discussion regarding Section 90-171 Governmental Use and the fact that there remains a reference to the 11 unincorporated areas of the County. Council MemberWatford moved to amend proposed Ordinance No. 846 as follows: (1) Correct typographical errors stated. (2) Change the date on Exhibit A Page 10 of 13, paragraph D. 1, c. from Janua!y 1, 1974 to June 15, 11976, if pennitted by HUD. (3) Amend Section 90-171, ExhibitA Page 12 of 13, correct any reference to the uninco!porated areas of the County to be the City of Okeechobee; seconded by Council Member Williams. VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION To AMEND CARRIED. b) Vote on motion. VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED As AMENDED. B. 1. a) Motion to read by title only proposed Ordinance No. 848 regarding a Council Member Watford moved to read by title only proposed Ordinance No. 848 regarding a rezoning request rezoning request submitted by Phillip Berger and Gerald LeFebvre, submitted by Phillip Berger and Gerald LeFebvre, Application No. 03-008-13; seconded by Council Member Markham. Application No. 03-008-R - City Planning Consultant (Exhibit 2). 1 694 \nil. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 1. b) Vote on motion to read by title only. c) Attorney Cook read proposed Ordinance No. 848 by title only 2. a) Motion to adopt proposed Ordinance No. 848. JANUARY 6,2004 - REGULAR MEETING - PAGE 4 OF 12 VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 848 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAINTRACTOFLAND MOREPARTICULARLYDESCRIBED HEREIN, FROMRESIDENTIAL SINGLEFAMILY ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONINGDISTRICT, AMENDING THE ZONING MAPACCORDINGLY, PROVIDINGFOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 848; seconded by Council Member Chandler. b) Public comments and discussion. 111 Mayor Kirk asked whether there were any questions or comments from the public. There were none. This ordinance pertains to Rezoning No. 03-008-R submitted by the property owners, Phillip Berger and Gerald LeFebvre. The request is to rezone Lots 1-2 of Block 21 SOUTH OKEECHOBEE from Residential Single Family-1 to Light Commercial. Planning Staff Report Summary: The subject property is in a transitional area with Commercial intensive uses such as restaurants to the East, fronting along South Parrott Avenue. To the West, there are single- family homes with day care centers directly to the North and South of this property. The use for this property is low - intensive in nature. An office is a good fit for the neighborhood. The proposed zoning is consistent with Policy 2.1 of the Future Land Use Element, which includes professional offices as permitted uses with appropriate zoning. The proposed zoning is consistent with surrounding land uses. Planning Staff Report Analysis: 1. The proposed use and zoning are consistent with the Comprehensive Plan, specifically Light commercial zoning is allowable under the Commercial Future Land Use category. 2. The proposed use being applied for (an office) is specifically authorized under the zoning district. 3. The public interest will not be negatively affected by this zoning. 4. The surrounding uses show compatibility with uses allowed under this zoning district, 5. The proposed use and zoning, if approved, will not be a deterrent to the improvement or development of adjacent properties. 6. If necessary, site plan requirements can help to reduce any impacts upon the neighborhood so to reduce the impact of any nuisance or hazard to the neighborhood. 7. Concurrency impacts will be minimal for this type of zoning. A Future Land Use Map Amendment (No. 03-008-SSA) was adopted October 7, 2003, if rezoning is approved, both maps will be consistent. JANUARY 6,2004 - REGULAR MEETING - PAGE 5 OF 12 695 XAII- PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. Based on the above findings, Planning Staff is recommending approval. The Planning Board discussed the application at the November 20, 2003 meeting and voted unanimously to recommend approval. Clerk Gamiotea reported that all fee's have been paid, advertisements published, twenty notices mailed with no responses to date, and the sign was posted on the property regarding the rezoning. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. 1. a) Motion to read by title only proposed Ordinance No. 849 regarding a Council Member Watford moved to read by title only proposed Ordinance No. 849 regarding a rezoning request rezoning request submitted by Jimmy and Sheryle Byrd, Application submitted by Jimmy and Sheryle Byrd, Application No. 03-009-13; seconded by Council Member Markham. No. 03-009-R - City Planning Consultant (Exhibit 3). 1 b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 849 by title. Attorney Cook read proposed Ordinance No. 849 by title only as follows- "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRA CT OFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROMHEA VY COMMERCIAL (CHV9 AND INDUSTRIAL (IND) ZONING DISTRICTS TO RESIDENTIAL MULTIPLE FA&f1L Y (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 69,16 JANUARY 6,2004 - REGULAR MEETING - PAGE 6 OF 12 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. a) Motion to adopt proposed Ordinance No. 849. 111 Council Member Markham moved to adopt proposed Ordinance No. 849; seconded by Council Member Chandler b) Public comments and discussion. 111 Mayor Kirk asked whether there were any questions or comments from the public. There were none. This ordinance pertains to Rezoning No. 03-009-R submitted by Vikki Aaron on behalf of the property owners, Jimmy and Sheryle Byrd. The request is to rezone Lots 6-8 of Block 201 CITY OF OKEECHOBEE from Heavy Commercial and Industrialto Residential Multiple Family. Planning Staff ReportSummary: The surrounding areaor neighborhood includes commercial uses and some residential dwelling. The downtown area is within walking distance of this property. The proposed zoning is compatible with this neighborhood. Planning Staff Report Analysis: 1. The proposed use and zoning (mulb-family) are not contrary to Comprehensive Plan requirements. 2. The proposed use (multi -family dwellings) are specifically authorized underthe zoning district. 3. Apartments orothertypesof multi -family dwellings will not have an adverse effect on the public interest. 4. Multi -family use and zoning are appropriate for this location. 5. The proposed use and zoning will not adversely affect property values or living conditions or be a deterrent to the improvement of development of adjacent property. To the North and East are existing Commercial uses. Residential to the South with Multi -family to the West. 6. If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7. Concurrency impacts will be minimal for this type of zoning. A Future Land Use Map amendment (No. 03-01 O-SSA) was adopted November 4, 2003, if rezoning is approved, both maps will be consistent. Based on the above findings, Planning Staff is recommending approval. The Planning Board discussed the application at the November 20, 2003 meeting and voted unanimously to recommend approval. Clerk Gamiotea reported that all fee's have been paid, advertisements published, twenty-eight notices mailed, one surrounding owner was not in agreement with the proposed rezoning, and the sign was posted on the property regarding the rezoning. VOTE c) Vote on motion. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:33 P.M. JANUARY 6,2004 - REGULAR MEETING - PAGE 7 OF 12 697 IX. NEW BUSINESS. A. 1. a) Motion to read by title only and set January 20, 2004 as a public Council Member Watford moved to read by title only and set January 20, 2004 as a public hearing date for proposed hearing date for proposed Ordinance No. 850 amending Section 30, Ordinance No. 850 amending Section 30, Article 11, Code of Ordinances, Nuisances-, seconded by Council Member Article 11, Code of Ordinances, Nuisances - City Attorney (Exhibit 4). 1 Chandler. 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 MOTION CARRIED. C) City Attorney to read proposed ordinance by title only. Attorney Cook read proposed ordinance bytitle only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 824, CODE OF ORDINANCES, CHAPTER 30 THEREOF, TO PROVIDE FOR A DEFINITION OF "JUNK," FOR THE REGULATION OF JUNK WITHIN THE CITY, TO PROVIDE FOR PROHIBITIONS OF ITEMS DEFINED AS JUNK IN CERTAIN ZONING OR LAND USE DISTRICTS WITHIN THE CITY, TO PROVIDE FOR ABATEMENT OF PUBLIC NUISANCES; TO AMEND NOISE REDUCTION REQUIREMENTS, TO PROVIDE FOR ENFORCEMENT, TO PROVIDE FOR REGULATIONS FOR EXISTING NONCONFORMING USES; TO PROVIDE FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE.' 2. a) Motion to approve the first reading of proposed Ordinance No. 850. Council Member Markham moved to approve the first reading of proposed Ordinance No. 850,- seconded by Council III Member Williams. b) Discussion. Mayor Kirk opened the floor for discussion. This proposed ordinance covers two areas that needed to be addressed, one is in regards to an existing non -conforming use of land for junk and the regulations of that use. The wording is similar to previous language the City had adopted and recently omitted in the newly adopted Code Book. The second issue addresses the time period for noise within the City as it relates to temporary use permits such as the American 11 Legion Fair. Following a brief discussion Council instructed Attorney Cook to amend the noise language to set out separat times for ternpora[y events and construction type permits. The Council also authorized the Attorney to add language thatwould address parking vessels within Taylor Creek and attachingthe vessel to land without the owners permission. 698 IX. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. B. 1. a) Motion to read by title only and set January 20, 2004 as a public hearing date for proposed Ordinance No. 851 regarding noise regulations- City Attorney (Exhibit 5). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed ordinance by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 851. b) Discussion, c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. This item was discussed in conjunction with Item A. JANUARY 6,2004 - REGULAR MEETING - PAGE 8 OF 12 C. Motion to adopt Resolution No. 04-1 increasing the civil penalties for Council Member Watford moved to adopt Resolution No. 04-1 increasing the civil penalties for traffic violations; traffic violations - City Attorney (Exhibit 6). 111 seconded by Council Member Markham. The title of proposed Resolution No. 04-01 reads as follows: A RESOLUTION AMENDING RESOLUTION 90-2 ESTABLISHING CIVIL PENALTIES FOR TRAFFIC VIOLATIONS; PROVIDING FOR AN EFFECTIVE DATE. Council asked Chief Davis, in regards to skate board citations, who is issued the ticket, the child or the parent? Chief Davis and Attorney Cook will follow up with an appropriate procedure to handle this. VII. NEW BUSINESS CONTINUED. C. Motion to adopt Resolution No. 04-1 increasing the civil penalties for traffic violations continued. D. Motion to approve the Department of Environmental Protection (DEP) Agreement pertaining to the 4" Street Boat Ramp - City Administrator (Exhibit 7). E. Motion to approve an Addendum to the Engineering Contract with Craig A. Smith & Associates - City Administrator (Exhibit 8). JANUARY 6,2004 - FZEGULAR MEETING - PAGE 9 OF 12 699 VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the Departmentof Environmental Protection (DEP) Agreement pertaining to the 4 M Street Boat Ramp; seconded by Council Member Williams. There was a brief discussion regarding this item. The City will pay for the work to be done on this project located within the Southeast 4 1h Street Boat Ramp. The project consists of installing a Stormwater Retrofit system to improve water quality that enters Taylor Creek and delivered to Lake Okeechobee, specifically itwill reduce nutrients, sediments and trash. The City will be reimbursed by the Department of Environmental Protection for this project. This is part of the Lake Okeechobee Protection Act, adopted in 2000 which requires all activities in the watershed to reduce phosphorus entering the Lake. The Public Works Department will be responsible for the maintenance of the system once it is installed. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve an Addendum to the Engineering Contract with Craig A. Smith and Associates for surveying and platting of the Commerce Center property; seconded by Council Member Chandler. 700 JANUARY 6, 2004 - REGULAR MEETING - PAGE 10 OF 12 IX. NEW BUSINESS CONTINUED. E.. Motion to approve an Addendum to the Engineering Contract with The costs forthis addendum will not be paid forfrom grant monies. During a brief discussion related to the addendum Craig A. Smith & Associates continued. to CAS contract, Administrator Veach directed a question to CAS representative, Jim Orth. Mr. Veach asked, knowing the budget, time line, permitting and design related issues we are facing, from an engineering stand point, can we do this project. Mr. Orth's reply was, "Yes." VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. F. Discussion regarding a proposed joint workshop with the School The City Council accepted a request from the School Board to meet in workshop session on Thursday, January 27, Board, County Commission and City Council - City Administrator 2004 at 1:30 p.m. atthe Superintendents Office. Administrator Veach will email everyone to confirm the date and time. (Exhibit 9). 1 The County Commissioners will consider the request at their meeting on Thursday. G. Motion to approve the 2004 Grievance Committee Members and Council Member Chandler moved to approve the 2004 Grievance Committee Members and Alternates as follows: Alternates - City Clerk (Exhibit 10). Police, Donald Hagan and Alternate William Saum; Fire, Jim Fusco and Alternate Jeff Baugh; Public Works, Cleveland Lamb and Alternate Rick Amiet; Administration/Finance/General Services/Clerk's Office, Adriana Berry and Alternate Robin Brock; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. H. Motion to ratify the reappointments of L.C. Fortner and James Mullis Council Member Chandler moved to ratify the reappointments of L.C. Fortner and James Mullis to the City/OUA to the City/OUA General Employees' Pension Board of Trustees, General Employees' Pension Board of Trustees, term beginning January 1, 2004 and ending December 31, 2005; term beginning January 1, 2004 and ending December 31, 2005. seconded by Council Member Watford. (These members are appointed by the OUA Board and OUA employees) - City Clerk. IX. NEW BUSINESS CONTINUED. JANUARY 6, 2004 - REGULAR MEETING - PAGE 11 OF 12 H. Motion to ratify the reappointments of L.C. Fortner and James Mullis VOTE to the City/OILIA General Employees' Pension Board of Trustees, KIRK - YEA term beginning January 1, 2004 and ending December 31, 2005 CHANDLER - YEA continued. MARKHAM - YEA 1. Motion to reappoint Jerry O'Bannon to the City/OUA General Employees' Pension Board of Trustees, term beginning January 1, 2004 and ending December 31, 2005. (This member is appointed by the City) - City Clerk. J. Motion to ratify the appointment of Lane Gamiotea to the City/OUA General Employees" Pension Board of Trustees, term beginning January 1, 2004 and ending December 31, 2004. (This is the 5 1h member, which is appointed by the four members) City Clerk. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Chandler moved to reappoint Jerry O'Bannon to the City/OIJA General Employees' Pension Board of Trustees, term beginning January 1, 2004 and ending December 31, 2005; seconded by Council MemberWatford. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Chandler moved to ratify the appointment of Lane Gamiotea to the City/OLIA General Employees" Pension Board of Trustees, term beginning January 1, 2004 and ending December 31, 2004; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 701 702 IX. NEW BUSINESS CONTINUED. JANUARY 6, 2004 - REGULAR MEETING - PAGE 12 OF 12 K. Recess from the regular meeting to enter into an Executive Session At 7:12 p.m. the Mayor called for the regular meeting to recess and begin the Closed Executive Session. Those only for discussion related to legal issues pertaining to a right-of-way to remain in the room are Mayor Kirk, Council Members Chandler, Markham, Watford and Williams, Administrator litigation - Mayor. I Veach, Attorney Cook and a Court Reporter, Deborah Dews. J. Mobon to close Execubve Session and reconvene Open Session - Mayor. 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 rnade, 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. ATTEST: Lane Garniof6a, City Clerk James E. �irk, Mayor The discussion was confined to settlement negotiabons or strategies relafing to litigation expenditures concerning the pending lawsuit with William H. Mason. The court reporter's transcript will be made part of the public record upon conclusion of the litigation. All transcripts are filed in the Office of the City Clerk. Mayor Kirk adjourned the Closed Executive Session at 7:37 p.m. There being no further items on the agenda, Mayor Kirk adjourned the January 6, 2004 meebng at 7-37 p.m. The next regular City Council Meeting is scheduled for Tuesday, January 20, 2004. AFFIDAVIT -PUBLISHER OKEECHOBEE TIMES CITY COUNCIL MEETING NOTICE NOTICE 18 WIPtERY C.11,1914 &at the 106 SA7 5th St., Okeechobee, Fl, 34974 Ciq, of Okeechobee City CounLil will mea in Regular Session on Tiandalf, JanwrY 6, 2004, 11" 200, 6:00plai City Hall, 55 SE 3rd Avc., (863) 763-7283 (*Aechobee, Florida. The Public is invited -A cricoureigal to attend. For a collyofthe ageods Published Weekly contact City Administratioll At W3) 763-3112 . 217 PLEASE TAKE NuTICE AND 14:� AIWISED that if any p�— desirm to -p- SlAll-OFFIMIDA p� my decision ms& by tile City Criollcit w1d mpeet to any metim comitdaed at this ('()[JNJY0F0KLFCl-10BH: meeting, such interested jasoll will nall a ,cootil of the PF000alhiP, md for such pill- p� may need to ensure a verbatim la."d m,fotc the undersigned authority personally appeared I.W. of the proocedinp is =do, which teemi ui- cludes the testimony and mdence upin which ()wcns,,vll()on oath saysthat lie ispublisherof Ihe okeechobeelitnes, the appeal is to be baistal T" Are used fill tit. sole purpose of back-up for the CleWs m-wsimper ptiblished weekly at Oke,(,cliol)(,(,itiok(,e(-,Iiot)ee, Florida: Office. in accordance with the Americans lid' Disabilities Act (ADA) ail it FloMa Statute iiijil III(, jmachcdcopy of advertisement, 296 26, pasoo, with &�Nlmes neeling �1— cial accontmodatim to flut-,apate in this pr(,- ceeding should contact Lane G&MiOt", no J11 1[31 I('N()TIC F 12c) it I Iola than two (2) wor" days prior Au the it, tile matier of (Al y C(Ml- FNFoR(-FMLNI BOARD WHING, proceeding at 963.-763-3.172 x 214� if y-- we hearing or voice impaired, call TDD 1-800- (A I Y Of (W1 0 10BEL 222-3448 (mice) or 1-8"-4-47-5620 (rYY) lati LANE GAMIOTM City Clerk 5�) St. I I UD AV[ NUE PUBLIS1161/111V2004 OKE"ORKETIMES ()KI-Wl 101311, FIL 34974-2932 -- - -------- 941-763-3;72 ill Ihe Court, w�,,; 1), jhlisl wd in said newspaper in Ihe i,,stw- of 01.101/2664 Affiaill fit, lll('r SAYS 111al the siid 0k(-(,(-h0h('(, I is a newspaper pililishcd af ()kcechobec, in said Okeechobee Cot,inty, Fl(-)rida, and jjl�ll s;jid wnvspaper has heretofore he(q, (-onlintiotts sly pi-jiflished in ()k(,l,( h0b(,e, Florida asa daily, weekly, or bi-weekly and has been ('11leted its second class rnail niatierat the post office in Okeechobee, ill i;;lid ( )keochohee Colinly, Florida, (or ;I 1)(-riod of on(! year next ill(, (if -St IRIbli(Alionof ill(, al I a(li j(,d (:opy of advcHisenienl; affiani ftirther says that he has neither paid nor promised ally 1wi-son, film or corporation any discount, rehate, (-onirnissionorrefund for Ille purpose of secLiring this adverlisenient for publication in the said newspilper. I W. hv(,lls, (11"tiblisher) P) 111(1 subscril-wd beforc, we Lk., (illy AA ). (Sl At ) 2004 Notary Public V20 PAGE -1 - 1111. OPEt Invocation g:iven L re. 0 hobee Church of G EWaof Akgko led H1..1 MAY* COUML AND STAFF AnMOCE - City Cb& yor James E. Krk I ncil Member Noel A. Chandler tu ncil Member Lowry Markham +U *ncil Member Dowling R. Watford, Jr. *ncil Member Clayton Williams (*y Attorney John R. Cook Administrator Bill L. Veach (Ity Clerk Lane Gamiotea IIV.1 V. A.] P Absent P 11 411UNIM11 PRIEUNTAII P+ent a Fifteen Year Employment Service Award to J.P. Zeigler. MMM - Cky Admlnbb*w. I Member moved to approve the November 2003 Warrant Register in the t General Fun d two h u ndred- ninety --on- e --t-housa nd, si-x-h u nd red-t h- irty-five dol I aus - an d -twenty- its ($291,635.21); Capital Project Building Fund nine thousand, nine hundred forty dollars and (cents ($9,940.66); Public Facility Improvement Fund three thousand, five hundred one dollars Fund, one4housand, four hundred sixty .nty-four cents 43,501 .24); Law Enbreement ($1,460.00); seconded by Council'Member r�o FA PAGE -2- Es - CRY Member -moved -to d4ense WK the reading and aprove the Summary of Action for the December 2, 2003 Regular Meeting; seconded by Council Member Ll__� F_ VIC A kt� Rt Me for the addition, deferral or YOhdrawal of items on today's agenda. T\ PU" HEARM FM OADIIIIAM ADQwrM - MW _PM. a) C ail Member CW mov ed to remove from- the fable-, a nfo&n to -adopt phoposid c 0 ance-No. 846 establishing regulations for mobile homes - City Attorney "P* 1); seconded z Tbuncil Member 0�_O b)ij V(je on motion. VI YEA MAY Mao WOW DENED 2.4 D t_ssion ihg- the adoption Of p Oftfinance No. 846 (Motion- made -by Council Ir Markham, seconded by Council Member Chandler.) Or\ 170" C"Q_� — 'jak lo tz) 0 0 � -S i - qIZ/ t,.AA 4-0 OAI V WiL&k (t� WaAj�& 60 h-uIA14 U't 401 C( eup's OAt CLU M Lk)j- OA4&0 641-11 141� 46 0/� 0-wid - up, _bY, V49onmotion0u� aAkrded ij YEA MAY ABSTAIN AKW C W DBNED --IN PAGE -3- moved-to read by title�o* proposed0rdinance No. 848 -regarding razZning req�uest submitted by Phillip Berger and Gerald LeFebvre, Application No. 03-008-R - J Planning Consultant MdM#-seconded-by-Cotmcl1 Member - - D�' Vfe onmotion to read by title only. YM MAY AMAM A98W t MOTON, DOW coak PmRaW Ordinance Q. 848 bv &An* as.follows: *AN OF OFOMP'4'91@,ALMMANBIPS�VIWOFRMZMMAIAPOF A CMWW WDOMA-A-m— #MW FORIN MOM XNKE RUK Y 2!=I) ZONING DISTWCT IM-- 11 1) 201M1 NOW I FIE &OWNG MAP CL Yg MWVNNNG FOR COWUCTS, SEVMANUTYAND AN EFFECTIVE DA TE rcH Member moved to adopt -proposed OrdhTice No. 848;.seconded-by ncil Member -Owl— ic comments and discussion.- 'This ordinance pertains to Rezoning No. 03-008-R S, mitt by the property owners, Phillip Berger and Gerald Lefebvre. The request is to rezoning L s1-2 c k Off -1 to ---w St Summay: The Sla- -,Z-!-$QVTH QKfE0HQ_ Arom-115F -CLT No -oft _W s ject operty is in a transitional area with Commercial intensive uses such as restaurants to the 0 b t fro en South farrett Avenve. To the West, there we _sirngle-fawAy homes -with -day ca cl,ters ectly to the North and South of this property. The use for this property is low -intensive WTU r ell A r thettefighborhood. The proposed zoniqls-msistem WtM Policy i n offite it 6 good fit fo 2. of th Future Land Use Element, which includes professional off ices as permitted uses with )ropri e zoning. The proposed zoning is consistent with surrounding land uses. PkmnWq StW -.&— _�l i ca y The-proposed-use-and-zoWng-are consistent with the-ComVehensin Plan-Occ S 11 L tc cial zoning is allowable under the Commercial Future Land Use category. 2. The pose ise being applied.for�anoffiee) is specificet" -autherized umder -the zoning-district-;-3. publ interest will not be negatively affected by this zoning. 4. The surrounding uses show Oti �+i wit'h-uses aillbiwecf�nder thi� io-Wh9district.-5. The p0dods6d-Ute, d6d-lonifig, if - a0rove will no.t.be-a deterrent to-t_he_ imp v _ro ement or development of adjacent properties. 6. If n�cesso , site plan requirements can help to reduce any impacts upon the neighborhood so to t impact of any ="once. or hazard to the- n iN hborhood- 7. Concu"-ency, impacts will -be imal r this type of zoning. A Future Land Use Map amendment (No. 03-008-SSA) was adopted *1aber , 200SO if remoning ir approved, both -mapswifl be consistent. Basedon-the above findings, P rnmffln i NnNg taff is recommending approval. The Planning Board discussed the application at the N ve mm b - 20,200 , 3 meeting and I vo . ted unanimously to recommend approval. First reading was- 1 ove 12/2/0 by City Council, Clerk Gamiotea advised all fee's have been paid, the ordinance K ised Friday, Dec 26, 20 notices were mailed, no responses to date. Sign was posted on *e on motion. VW 4W A96FW,+ -AffW T A PAGE -4- C.� 1. 8) C4jncil Member 1�1 J) moved to read by title only proposed Ordinance No. 849 regarding a Jazoning-mquest sWxn" by JWM and Sheryle Byrd, Appkation No. 03-009-R - City P$nning Consultant IlExhibilt 4, seconded by Council Member 4! Ville on motion to read by fitle only. Ir _W Y& � A ay AB*Ak ANW 04kiW Rol Vol" �1 1�7 �1/0�0�mm WM nP a 4� Cook read proposed Ordinar" No. 849 by Ode only as Wows: 'AN ORDHOWCEDF ry 110's A Tff "W Z M, MM OF BYAEW"ACERTM"WTOFLANDMOMPAR71CULARLY D kfi� MEMO%" &",&I q F wMisnui PRZOWIG TS TOMMOWM 0XTJPLEFAfALY""MW1GWTPJCT, AAENMG THE ANL- 11111PPACCOR0111 111111 LY, P1110VINN rtm CONFLIM; MEMPUMNU I YAM WER 24 C*md Member ilyl moved to adopt proposed Ordinance No. 849; seconded by Council +ber b)� IC Comments and discuLe-1-h—is ordinance pertains to Rezoning No. 03-009-k 411" P s ?Mittel by VikkI Aaron on behalf of the property owners, Jimmy and 6heryle Byrd. The request is,to.rez - Lots 6-8 ob Block 2.01 OKEECHOBEE from CH8 and IND to RMG for the purpose of building lexes. Phowdng Staff Suwaary: The surrounding area or neighborhood includes co��rci uses wd some rAsidential dwelling. The downtown area is wit-hin walking distance of this pr#perty. e proposed zoning is compatible with this neighborhood. Pkrmkg Staff Ana"s: 1. P b4i Y Tf� prop d use and zoning (multi-fdmily) are not contrary to Comprehewive Plan requirements. 2. Thile pro d use (multi -family dwellings) are specifically authorized under the zoning district. 3. APartme s or other types of multi -family dwellings will not have an adverse eff ect on the public in�erest Multi -family use -and zoning are appropriate f or this location, 5. The propose, d use -on Z"ing wfi nc 9 w1inot adversely affect property values or living conditions or be a deterrent to the vei of developmen! of adjacent property. To the North ond East are existing Commercial u e rR s tial to the South with Multi -family to the West. 6. If necessary, site plan requirements 1 c help -reduce any impacts upon the neighborhood. 7. Con- currency impacts will be minimal for this type #f zoning. A Future Land Use Map amendment (No. 03-010-SSA) was adopted November 4, 2003, rezoning is approved, both maps will be consistent. Based on the above findings, Planning Staff is mmending approval. The Planning Board discussed the application at the November 20, 20,03 mefing and voted unanimously to recommend approval. Clerk Gamiotea advised all fee's have be�npai the ordinance was advertised Friday, Dec 26, 28 notices were -mailed, one respoi ise -to date. Sig was posted on property. 01 V#a on motion, YM J YEA NAY ABUAIN A988fT WOM LM NOTION DENW PAGE 10M CLOW THE PUBW HEARM AT PA. M N BU816K AA.A) C it-Mainber moved to read by title only and set January 20, 2004 as a public hi date for proposed Ordinance No. 850 amending Section 30, Article 11, Code 0 ances, Nuisances - City Attorney (Exhft 4); seconded by Council Member. b)ii Vton motion to read by title only and set public hearing date. HW ABKW AUM L/ *TXW�4� DO C); A omWmYxwby title only aefdlows: "M MOR-910-1410, -OFTHEVITY FLOM4 AWOOM 0OWNCE NO. U4 CODE OF ORDWANCES, 00" C TNMWDFV. TO POMM 09FWYION OF VWim-FOR THE Rk(A I .0,10M WTNW PgiWY TO MWW FOR PROMMIONS OF ITEA18 D D A AS AM IN WWAN WMW OR UM UN fiaTWTS WMN ME CITY; TO A OR A RA moc I-A-4 ON - M-W TO A 0 -.DUMON- R 1100PROWIMPFRMOWWR ; 7V PROM FOR REGULA7XW mm"%AAMaks. "Am fkaftAILOM %V16wN.FIrl�Uff I F 4 se in, PRW"G ATIEFF W Tff DA 7 E 2-S) Cc$mcil Member moved approve the first reading of proposed Ordinance No. $50; se0onded by Council Memtx b) Difussion. k& 0j")c Ltw D N-04-i U ktfxa&)L Y-0 a#W_ wao aW-)Aj Vv- 'fiZVXZ6V 4UL JkAd, C)l V on motion. _40 YU IRY AMAIN AMU CWMERI �[NOTION DOW PAGE 41- B.�.48) C cil Member movedl�t by title only and January 20, 2004 as a p&ic d I h dale for proposed Ordinance No; 851 regarding i regulations- City Attorney (ExhWk d 5) ded by Council Member b)j V+ on motion to read by title only and set ic hearing date. C) C4 Attorney to reW proposed by We only. Mfon to approve the first re g of proposed Ordinance No. 851. b)I D Tussion. I I q V* on motion. -1 increasing the civil penalties _WMem ter moved to adopt Resolution No. 04 embe joi�affic violations -City Attorney (Eddho 6); seconded by Council Member mey read Resolution No. 04-01 by title only as follows: A RESWTWN AMBIDM as II I" FOR IrwWw"901 4TXWW, PROWDIWFOR W DATE DEWW -�N PAGE-7-- -moved to approve the --adment of Environmental FYotectibn P) Agreement pertai ninto the 4" Street Boat Ramp - City Administrator (Exhibit 7); seconded b uncil Member - Ca 4�GAJ- WA MAY AWAA AISW N&- �GAMVW DEM moved to approve an Addendum to-fte Engineedn-g Contract wfth il Member C C A. Smith & Associates - City Administrator (ExhU 1), seconded by Council Member 4 4-o pW kym am- dLa OtL� Lb .1V&ooxA6&- qi�) de 4_YFA MAY AMM WT= DO= --IN F. PAGE -8- Dr ing a proposed joint workshop with the School Board, County Commission and C Ad min 69W... teer -JEAM*. Puy" ctkk aMenibei moved-lo-approw-theNOOP 44 G n - V- V d- F-I QW- W-111MILLM P ern -rsand A ates - City Clerk (Ed" 10); seconded by Council Member P I OUAWI md AhmmkAVOSMIUM. NM An ad Aftade M So* PL-Lm- a AN" mohA --to al SWVkeWCkW* Ofte: Addm Berry and Afternate Robin bvck Y!4 JW ARNIM— A OAMA WLUANS DEMED C&jncil Member L) moved to ratify the reappointments of L.C. Fortner and James f'o "" 'OUA January 1, ande;�g ?Dce rd and A empk L) City AM Y!4 MAY ABSTAIN ABOW W *WLEJ Nlember moved to reappoin Jerry O'Banno ter the Ci W�OUA-&� ye:e7s'Peinsion Board of Trustees, term beginning January 1, 2DO4 and ending December Is Vty) - City -Clerk; secon&dby Go u- ficil Men-bdr 2OQ5. Tffiis meffiIber is appohnf6d byAhe YbW YEA -W AWAN—ABIM E4QBNED i ncil Member. moved to ratify the appointment of Lane Gamiotea to the 31 Employees-Parislon Soa"-T=tWs,--tW begitming January 1-,2004-and ing December 31, 2004. fThis is the 5' member, which is appointed by the four members) City se I conded 11 by Co ' uncil Member LM AM yj�t NAY AUTAIN W VFOfa L PAGE -10- R4ms from the regular meeting to enter into an Executive Session for discussion related to legal is*",, wtainft to, a *kA-wayftation- - Mayor PM. Njpon to close Executive Session and reconvene Open Session - Mayor PM 41 CITY OF OKEECHOBEE JANUARY 6, 2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA 1-OF 4 1. CALL TO ORDER - Mepr. January 6, 2004 City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Larry Mom, Okeechobee Church of God. PWge of Allegiance led by Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Ift Council Member Noel A. Chandler Council Member Lowy Markham Council Member Dowling R. Watford, Jr. Council Member CWAon Williams City Atlomey John R. Cook City Adffk&VvADr Bill L. Veach City Clerk Lane Gamblea A. Present a Fifteen Year Employment Service Award to J.P. Zeigler. V. WARRANT REGISTER - Cky — A. Motion to approve the November 2003 Warrant Register. ene� ra Un CapW ftied &"V Fund 9,940.66 Rklic Facility Improvement Fund 3,50124 Law Entmement Specisi Fund 1,460.00 JANUARY 6,2004 - CffY COUNCIL AoENDA - PAoE 2 OF 4 VI. MINUTES - City Clerk. A. Molion to dispense with the reading and approve the Summary of Council Acbon for the December 2,2003 ReplarlAwting. V11. AGENDA - Mayor. A. Requests for the addition, deferral or vAthdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.I.&) Motion to remove from the table, a motion to adopt proposed Ordinance No. 846 establishing regulations for mobile homes - City Attorney (Exhibit 1). b) Vote on motion. 2.&) Discussion regarding the adoption of proposed Ordinance No. 846 (Motion made by Council Member Markham, seconded by Council Member Chandler b) Vote on motion. B.I.a) Motion to read by fide only proposed Ordinance No. 848 regarding a rezoning request submitled by Phillip Berger and Gerald LeFebvre, Application No. 03-008-R - City Planning Consultant (Exhibit 2). b) Vote on motion lo read by tide only. c) City Aftorney to read proposed Ordinance No. 848 by fitle only. 2.a) Motion to adopt proposed Ordinance No. 848. b) Public comments and discussion. c) Vote on motion. C.1.a) Motion to read by tifie only proposed Ordinance No. 849 regarding a rezoning request submitWd by Jimmy and Sheryle Byrd, Application No. 03-009-R - City Planning Consultant (Exhibit 3). T b) Vote on motion to read by tift only. JANUARY 612004 - Cffy Couwx AeBwA - PAw 3 oF 4 VIL PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.I.c) City Atbmey tD read proposed Ordinance No. 849 by tift only. 2.&) Motion to adopt proposed Ordinance No. 849. b) Public comments and discussion. Q Vote on motion. CLOSE PUBLIC HEARING. ( W. NEW BUSINESS. AAA) Mobon tD read by tide only and setlanuary 20,2004 as a publictaNkV date for proposed Ordinance No. &50 amending Section 30, Article 11, Code of Ordinances, Nuisances - City A&M M(hM 4)- b) Vote on motion to read by #W only and set pubk hearing date. c) City Aflwney tD read proposed ordinance by tifle only. 2A) Motion to approve the first reading of proposed Ordinance No. 850. MKC�� c) Vote on motion. B.I.a) Motion to read by OW only and set January 20,2004 as a public hearing date for proposed Ordinance No. 851 regarding noise regulations- City Atlomey MXWS). b) Vole on motion to read by ft only and set public hearing date. c) City A" tD read proposed ordinance by title only. - Cffy CmwL AemA - PAeE 4 oF 4 V. NEW BUSINESS CONTINUED. 11.2.&) Motion to aWve the first reading of propied Ordinance No. 851. b) Discussion. c) Vote on motion. C. Motion to adopt Resolution No. 04-1 increasing the civil penalties for traffic violations - City Attorney (Exhlbiti). D. Motion to approve the Department of Environmental Protection (DEP) Agreement pertaining to the 0 Street Boat Romp - City Adrninistrator (Exhibit 7). E. Motion to approve an Addendum to the Engineering Contract with Craig A. Smith & Associates - City Administrator (Exhibit 8). F. Discussion regarding a proposed joint woft* with the School Board, County Commission and City Council - City Administrator (Exhibit 9). G. Motion to approve the 2004 Grievance Committee Members and Alternates - City Clerk (Exhibit 10). H. Motion to ratify the reappointments of L.C. Forbw and James Mullis to the Cfty/0UA General Employees' Pension Board of Trustees, term beginning January 1, 2004 and ending December 31, 2W5. (These members are appointed by the OUA Board and OUA employees) - City Clerk. Motion to reappoint Jerry O'Bannon to the City/OUA General Employees' Pension Board of Trustees, term beginning January 1, 2004 and ending December 31, 2005. (This member is appointed by the City) - City Clerk. J. Motion to ra* the appointment of Lane Gamiotea to the CdytOUA General Employees' Pension Board of Trustees, term beginning January 12004 and end!% December 31, 2004. (This is the Vhmember, which is appointed by tw fbur members) City Clerk. K. Recess from the regular meeting to enter into an Executive Session for discussion related to legal issues pertaining to a right-of-way litigation - Mayor. L. Motion to close Executive Session and reconvene Open Session - Mayor. X. ADJOURN MEETING - Mayor. PLLWTM*VMMWKMVM*dilnyPWnNd$"b#PPWMYd@dWMmmbby*eCNICondwftrespWfomymWwpn - — 'AMAPPI-111- suckhAvesWo R wWWWA on defft - sad br amb purpose nW mW to ensure a vwWm record of dw proceeding Is nub, whkh record WAludes ft teadmony and owkience upon whkh dw appeal Is to be based. City Clark UM are for die sob purpose of backup for oflew an do 0104 CWL The Oke echobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134' Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personajlj�. 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 I of�dvertise- meat, being a 3 C in the matter nf 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, commitsion or refund for the purpose of securing this ad isement for publication in the said newspaper. -A---7v Swoto an, subscAWd before me this _,_,,subscll d f ay of Qzi:) A.D. 20 e 1 7 416 CEIVED cz'RE1, -a A N 0 5 2003 --?'Li( Y,,,I-r / Y11 P -w & C9 4 "1 ') 1� crinen R. Br""!l N�tar; Public, State of Florida at Urge �, —ri Commission # CC, ""(0.. Cj Expire3 Jan. 17, 2004 Boiided 'I'lini Atl..ti. Donding c,.)., 11-1. EXHIBIT I — JANUARY6 AGENDA ORDINANCE NO. 846 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDAAMENDING CNAPTER 90, ARTICLE III, DISTRICTS AND DISTRICT REGULATIONS, DPJISION FOUR, PERTAINING TO MOBILE HOME DISTRICT ZONING RIEGULATIONS (RMH); CREATING SECTION 90-167 THROUGH 90-171 THEREOF; PROVIDING FOR STANDARDS FOR SINGLE FAMILY MOBILE HOME UNITS INCLUDING DESIGN, PLACEMENT, FOUNDATION, AND APPEARANCE STANDARDS; PROVIDING LIMITATIONS ON AGE OF UNITS FOR PLACEMENT WITHIN THE CITY; PROVIDING FORA PROCESS OF APPLICATION, REVIEWAND APPEAL THEREOF; ADOPTING STANDARDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENTAND CHAPTER 15 OF FLORIDA ADMINISTRATIVE CODES; PROVIDING FOR PLACEMENT USE AND OCCUPANCY OF RECREATIONAL VEHICLES WITHIN THE CITY OF OKEECHOBEE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SIIIVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has permitted the placement of mobile homes and mobile home parks within the confines of the City pursuant to land use and zoning classifications in existing codes; and WHEREAS, the City of Okeechobee, Florida finds that current technology also permits homeowners to purchase manufactured housing units for placement in the City, wNch units and their methods of foundation bear little resemblance to traditional mobile home construction and placement techniques; and WHEREAS, the City of Okeechobee, Florida finds that older mobile home units are susceptible to disrepair, blight, and effects of the weather to a much greater degree than traditional single family homes, which tends to reduce adjoining property values, cause unsightly conditions, endanger residents and neighbors alike in times of bad weather or natural catastrophe, and generally do not promote the orderly growth and safety sought by the city in its residential areas; and WHEREAS, the County of Okeechobee, Florida has restricted placement and age of certain mobile homes, manufactured housing and recreational vehicles for a number of years, which has created a trend for certain residents to remove non- conforming units from the unincorporated County and obtain permits for placement of such units within the City of Okeechobee; and WHEREAS, the movement of such non -conforming units into existing mobile home areas or parks creates urban blight and tends to diminish property values due to their age; their generally poor structural and aesthetic condition; and lack of structural integrity, all of which creates not only unsightly, but unsafe residential housing within the City; and WHEREAS, the City of Okeechobee determines that the creation of codes similar to that of the unincorporated County of Okeechobee will create uniform code requirements, permit uniform code enforcement; improve the value and quality of life for those similarly situated in mobile home neighborhoods or parks; improve aesthetics and the safety of residents; and generally promotes the general welfare of all the citizens of Okeechobee, Florida; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida, presented at a duly advertised public meeting; and passed by majority vole of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, does hereby approve and create sections 90- 167 to 90-171, by amending Ordinance No. 669, Land Development Regulations, as follows: Page 1 of 2 The land development regulations for Okeechobee County, Florida, Sections 7.08.00 through 7.08.05 are attached hereto as Exhibit "A" and its terms incorporated herein by reference. 111. That for purposes of codification, the sections of the County Code are amended for inclusion into Ordinance 669, Land Development Regulations, for the City of Okeechobee, as follows: Section 7.08.00 is renumbered to be Sec. 90-167 Section 7.08.01 is renumbered to be Sec. 90-168 Section 7.08.02 is renumbered to be Sec. 90-169 Section 7.08.03 is renumbered to be Sec. 90-170 Section 7.08.04 is renumbered to be Sec. 90-171 Section 7.08.05 is renumbered to be Sec. 90-172 111. That for purposes of inclusion into Ordinance No. 669, Land Development Regulations, each reference in the County Code to "Okeechobee County" or "County" shall be replaced by the "City of Okeechobee" or the "City". IV. That as amended herein, the City Council for the City of Okeechobee hereby adopts Exhibit "A" herein to amend Ordinance No. 669, Land Development Regulations, and creating Sections 90-167 to 90-171 thereof. SEVERASILITY. In the event any portion of this ordinance as amended, should be deemed to be unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect. EFFECTIVE DATE. TNs ordinance shall become effective immediately upon its adoption. INTRODUCED for first reading and public hearing on the e day of November, 2003. James E. Kirk, Mayor ATTEST: Lane Garniotea, City Clerk �0 ADOPTED after second reading and second public hearing on the ;d' day of N"Intw-'100AY J 0-k% " James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 ORDINANCE NO. 846 EXHIBIT "All 90-167 STANDARDS FOR SINGLE FAMILY DWELLING UNITS This Part sets forth the minimum standards for residential single family dwellings. Townhouses, trailers, moble homes, and manufactured housing as defined in Section 66-1 Land Development Regulations shall be subject to this Part. Except as specifically set out in this Code, no mobile home, manufactured home, trailer, travel trailer, recreational vehicle (RV), park model recreational vehicle, building, or other structure shall be used for sleeping or dwelling purposes in the City. 90-168 Dwelling Foundations Properly designed and constructed foundations are essential for the public safety and welfare. Regardless of the method of housing construction, securely anchored and installed dwelling units serve not only to reduce the likelihood of widespread hurricane or storm damage but contribute to architectural and aesthetic compatibility important to the long term value and viability of neighborhood communities. The following foundation and onsite installation requirements are intended to be reasonable, uniformly applied and enforced without distinction as to the type of dwelling unit. A. Foundation Requirements for Single Family Dwellings In All Zoning Classifications Except Residential Mobile Home (RMH) Foundation and Elevation Requirement All dwelling units shall be placed on a foundation in accordance with the Standard Building Code; or the codes adopted by Section 66-10 Land Development Regulations; or for manufactured homes shall be set up in accordance with the Permanent Foundations Guide for Manufactured Housing issued by the U.S. Department of Housing and Urban Development (Handbook 4930.3 1989), the provisions of Chapter15C-1, F.A.C. Prior to the pouring of any concrete or the placement of concrete blocks or footings, the area under which concrete or the unit will be placed shall be cleared of all organic material and shall be prepared to ensure drainage as required by applicable codes and approval of the city building official and the technical review committee. Further, any lot or area where such dwelling unit is intended to be placed and as permitted by the city, must be filled and/or graded to ensure that the ground upon which such foundation is to be placed is of an elevation no less than 12-inches above the crown of the roadways immediately adjacent to such lot or area. The City reserves the right to increase this elevation in the event the installation of septic tank service requires a corresponding increase in overall height. 2. Compaction under concrete slab. Where a concrete slab is utilized, the entire area under the concrete slab shall be compacted as follows: 1 Remove any organic topsoil and other deleterious materials to their horizontal and vertical extremities to 3-feet beyond concrete slab lines. 2. Compact the entire area under the concrete slab as needed to achieve a compaction of at least 95% of ASTM D1557 maximum density. Place fill as needed in not greater than 12-inches compacted thickness layers. Minimum compaction density shall be 2,000 psf. 3. Perimeter footer. A perimeter footer, where required by the Standard Building Code, shall be in accordance with the Standard Building Code. 4. Piers and Blocking. Where piers or blocking are utilized to elevate structure from the slab, poured concrete runners or finished grade, support and anchoring/tie-down of the structure shall be in accordance with the standard building code requirements incorporated by Section 66-10, Land Development Regulations; or the Permanent Foundations Guide for Manufactured Housing issued by the U.S. Department of Housing and Urban Development (Handbook 4930.3 1989); or the manufacturer's specifications Ordinance No. 846 Exhibit A Page 1 of 13 provided they meet or exceed the requirements of the F.A.C. Stabilizing plates or collars shall be required where auger anchors are used. Where piers and blocking are utilized, the following shall be required. a. The site shall be graded to ensure adequate drainage away from the unit; b. All piers must have the top course filled with concrete or have a solid cap block; C. The maximum proposed pier height and the maximum pier height beyond which the manufacturer requires or recommends that an engineerdesign thefoundation shall be indicated on thedevelopment permit application; d. Where a concrete slab or the interior poured runners are not used, the development permit application shall indicated the bearing capacity of the soil and the methodology used to determine that bearing capacity; e. The development permit application shall include the calculations used to determine the sizing and spacing of footers, required based on the soil bearing capacity and based on other criteria of the manufacturer, such as piers required to support sidewall openings, heavy appliances or other load bearing points. The relevant pages from the manufacturer's specifications shall be included with the application, with the appropriate calculations and guidelines highlighted. A plot plan or site plan shall indicate the number, location and construction of proposed piers and footings; The development permit application shall indicate the type and model of anchor to be used, the gauge and model of the strap to be used, the soil type, the methodology used to determine the soil type; and g. The development permit application shall include all relevant pages from the manufacturer's specifications and highlight the specific methods to be used to assemble double -wide or larger units, and to connect utility systems 5. Crawl space and Closure wall. A crawl space shall be defined as the area between the slab or finished grade and the floor of any structure elevated above that slab or finished grade. A closure wall shall be defined as the load bearing or non load bearing wall structurally attached between the floor or bottom of the structure and the required perimeter footer, perimeter runner or the ground. Where a slab is used, and where load bearing points are interior to the perimeter slab, a perimeter footer or concrete runner is not required, and the closure wall shall be attached to the slab. All dwelling units installed or constructed with a crawl space of less than 7-feet in height shall have a closure wall constructed of one of the following: a. Brick b. Concrete block or poured concrete finished by painting or extending the dwelling siding to the slab or footer. Where the slab or footer is more than eight inches of the finished grade level. C. Frame and sheathing finished with either lathe and stucco or by extending the dwelling siding to the slab or footer. Where the slab is more than eight inches above the finished grade level, the siding shall extend to within eight inches of the finished grade level. d. Framing, lathing and stucco in accordance with Standard Building Code requirements incorporated by Section 66-10, Land Development Regulations. e. Continuous interlocking vinyl skirting provided that the skirting is architecturally compatible with the residential dwelling, and provided Ordinance No. 846 Exhibit A Page 2 of 13 that the following minimum specifications are met: panel thickness shall be at least.035 inches; top front and top back rail thickness shall be at least.050 inches; and bottom rail thickness shall be at least.045 inches. A crawl space enclosed by vinyl skirting shall not exceed 28- inches in height from the finished grade to the floor of the dwelling. Perforated panels may be used for ventilation, provided that such panels shall not exceed 30% of the total number of panels per side of the dwelling. Vinyl skirting shall be attached to the perimeter concrete footer or runner where a footer or runner exists or is required to exist. The skirting shall be fastened using rust resistant concrete screws no less than 1/4-inch in diameter or by rust expansion anchors no less than 5/16-inch in diameter. The fasteners shall be spaced no more than 18-inches apart. Where no perimeter concrete footer or runner exists, or is required to exist, vinyl skirting shall be attached to the ground using rust -resistant ground spikes no less than 8-inches in length, and spaced no more than 18-inches apart. Any access point in the closure wall shall be fitted with a removable panel or door and shall be similar in appearance with the remaining wall unless a vent is used as an access point. No more than a single 3-foot access point per side shall be permitted. Dwelling units to be installed or constructed with a crawl space of 7-feet or greater in height shall be submitted to the City Building Official engineering plans demonstrating compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the Building Official may be appealed to the Board of Adjustments and Appeals as provided in Section 70-371, Land Development Regulations. 6. Standard codes. All foundation types shall meet the standard building code requirements incorporated by Section 66-10 Land Development Regulation. B. Foundation and Elevation Requirements for Residential Mobile Home (RM1H) Zones All dwelling units shall be placed either on a permanent reinforced concrete slab as described in subsection A of this section, or on poured concrete strip footers with blocking and tie -down as provided in subparagraph 3 below, or may be set up according to the manufacturer's specifications, units may be set up in accordance with Chapter 15C-1, F.A.C.. Prior to the pouring of any concrete or the placement of concrete blocks or footings, the area under which concrete or the unit will be placed shall be cleared of all organic material. Further, any lot or area where such dwelling unit is intended to be placed and as permitted by the city, must be filled and/or graded to ensure that the ground upon which such foundation is to be placed is of an elevation no less than 12-inches above the crown of the roadways immediately adjacent to such lot or area. The City reserves the right to increase this elevation in the event (,�te, installation of septic tank service requires a corresponding increase i overall height. 2. Either foundation type shall meet the standard building code requirements incorporated by Ssection 66-10 Land Development Regulations. 3. Blocking and tie -down shall be in accordance with provisions of the standard building code requirements incorporated by Section 66-10 Land Development Regulations for conventional construction; chapter 15C-1.01 0, Florida Administrative Code (or the manufacturer's specifications provided they meet or exceed the minimum requirements set forth in the Florida Administrative Code) for manufactured housing. Stabilizing plates or collars shall be required where auger anchors are used. In addition, the requirements of 90-168 (A) (4) (a-g) above must also be met. 4. Where a crawl space exists, the crawl space shall be enclosed by a bearing or non -bearing perimeter concrete, lathe and stucco, masonry or architecturally compatible skirting/enclosure. Extending the unit siding to the Ordinance No. 846 Exhibit A Page 3 of 13 ground as described in Section 90-169 D shall be permitted skirting/enclosure provided it is securely fastened to the ground. C. Foundation Requirements for Mobile Home and Manufactured Home Parke Regardless of zone, mobile home parks are designed for transitory use by mobile and manufactured homes. Accordingly, the requirements of subsections A and B above to the contrary notwithstanding, where a manufactured home or mobile home is to be located inside a mobile home or manufactured home park as defined in Section 66-1 Land Development Regulations, mobile home or manufactured home blocking and tie -down shall be in accordance with the provisions of chapter 15C- 1.010, Florida Administrative Code (or the manufacturer's specifications provided they meet or exceed the minimum requirements set forth in the Florida Administrative Code). All such units shall be fully skirted. Stabilizing plates or collars shall be required where auger anchors are used. Prior to the poring of any concrete or the placement of concrete blocks or footings, the area under which concrete will be placed shall be clear of all organic material. In, addition the requirements of 90- 168 (A) (4) (a-g) above must also be met. D. Foundation Requirements for Miscellaneous Dwellings Foundation requirements for dwelling units not classified by subparagraphs A through C above shall be as described in subparagraph A above regardless of zone. 90-169 Appearance and Design Standards Any single family dwelling located in a RSF-1; RSF-2; RIVIF; or RIVIH, zoning district shall comply with the following Appearance and Design Standards. A. Minimum Floor Area The minimum floor area shall be 800-square feet, including the area of an attached garage (but excluding carport, screened porch or Florida room) except as provided in Subsection J herein. To be eligible for calculation as minimum floor area, such square footage shall be contained under a single integrated roof system. A roof system designed by the manufacturer to be a single structure shall be considered an integrated roof system under this subsection even if delivered in more than one part and assembled on site. B. Roof Overhang All main buildings shall have a pitched roof with a 12-inch roof overhang on two sides of the dwelling's perimeter walls and a minimum of a 6-inch roof overhang on the remaining two sides such that the overhang is architecturally integrated into the design of the dwelling. Where the design of the dwelling is such that there are more or less than the four sides, the City Building Official shall determine the overhang necessary for each side pursuant to Subsection 90-169 1. C. Roofing Material All main buildings and all garages or carports shall have a roof surface of wood shakes, asphalt, composition or wood shingles, clay, concrete tiles, slate, or built-up gravel materials. D. Siding Materials All main buildings and all garages shall have exterior siding material consisting of either wood, masonry, concrete, stucco, masonite, fiberglass, vinyl, or metal lap shall excludesmooth, ribbed orcorrugated metal orplasticparts. The exterior siding cannot have a high -gloss finish and must be residential in appearance. The exterior siding material shall be extended to ground level, except when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below Ordinance No. 846 Exhibit A Page 4 of 13 the top of the foundation. E. Design Suitability The City recognizes that mobile home/modular homes/manufactured housing units may be constructed in areas outside the State of Florida, and such units are sold for their final destination in Florida. Any such home sought to be permitted within the City of Okeechobee must comply with this code, and any other applicable building Codes in effect for South Florida that pertains to mobile homes/modular homes/manufactured housing. F. Minimum Width The minimum width and depth of a dwelling located on a lot outside of a mobile home park or subdivision shall be 20-feet. G. Wheels and Axles All mobile home, manufactured home, or trailer tow bars, wheels and axles shall be removed when the dwelling is installed outside a mobile home park or subdivision. Trailer tow bars and wheels shall be removed when the dwelling is installed within a mobile home subdivision. H. Relocation and Installation of Used Dwelling Units Any used dwelling unit built and remaining in compliance with the Standard Building Codes incorporated by Section 66-10 Land Development Regulations, or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Section 90-170 of this code, shall be eligible for relocation and/or placement, replacement, installation, or reinstallation in any residential zoning district in accord with regulations as established by the Schedule of District Regulations upon demonstration of continued compliance with the applicable building codes and standards as well as compliance with the Appearance and Design Standards of this section and with the provisions of Section 90-169 of this Code. There shall be a rebuttable presumption that a unit that is five (5) years of age or less as of the date of application meets the appearance and design standards of the city or the minimum applicable building codes. Except as otherwise permitted by this subsection, no used dwelling unit shall be placed, replaced, located, relocated, installed or reinstalled from the site upon which it was first placed, constructed or installed. 1 . An application shall be submitted which contains the following: a. The applicant's name and address and a statement of ownership b. Legal description, street address, lot number and subdivision name, If any, of the property upon which the dwelling is to be located. C. Size of the property in square feet and acres. d. Statement describing the type and dimensions of the dwelling proposed to be relocated on the property. Elevations and photographs of all sides of the dwelling proposed to be relocated on the property. f. A statement describing the exterior dimensions ans roof sloop of the dwelling proposed to be relocated on the property. g. A description of the exterior finish of the dwelling, including exterior walls and roof. h. A description of the dimensions of the dwelling. i. Proof that the dwelling continues to meet either the Standard Building Ordinance No. 846 Exhibit A Page 5 of 13 Codes incorporated by Section 66-10 Land Development Regulations or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. A site plan drawn to scale illustrating the proposed use and including the following: Location of the property by lot number, block number and street address, if any. ii. The dimensions of the lot or parcel of land on which the manufactured home is to be located. iii. The proposed location of the dwelling on the property, including all setback information. k. A schematic design of the dwelling showing the roof, siding and other improvements. An engineering or architectural plan of the foundation to be utilized. M. Such other plans, surveys and documentation as may be required pursuant to Section 66-10 Land Development Regulations. n. For purposes of notification, the names and addresses of property owners, as they appear on the latest tax roll of Okeechobee County, within 150-feet of the subject property. 2. Procedure For Review of Application for used units that were constructed or manufactured more than 5-years from the date that a complete permit application is submitted. a. Within 10-days after an application has been submitted, the City Building Official shall determine whether the application is complete. If the Building Official determines the application is not complete, he shall send a written statement specifying the applicant's deficiencies to the applicant by mail. The Building Official shall take no further action on the application unless the deficiencies are remedied. b. Within thirty 30-days after the City Building Official determines the application is complete, he shall review the application, and shall determine whether the proposal complies with the Appearance and Design Standards of this section and whether the unit is consistent with and compatible with surrounding units at the proposed relocation site and whether the unit is consistent with and compatible with the general character of the neighborhood or community. C. Following the determination of compliance, The City Building Official shall place the application for the determination of suitability for dwelling unit relocation on the agenda of the next available regular meeting of the Board of Adjustments and Appeals in accordance with the procedures contained in this Code. Notice of public hearing shall be given as provided in Section 70-371 Land Development Regulations. d. The Board of Adjustments and Appeals shall determine whether the dwelling unit continues to meet the Standard Building Codes incorporated by Section 66-10 Land Development Regulations, or Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Section 90-170 of this Code and the Appearance and Design Standards of this section, and whether the unit is consistent with and compatible with the general character of the neighborhood or community. Within a reasonable time of the conclusion of a public Ordinance No. 846 Exhibit A Page 6 of 13 hearing, the Board of Adjustments and Appeals shall make a determination as to whether the dwelling unit meets the standards described in this Section. Appeals of the Board's determination shall be in accordance with the provisions of Section 70-371 Land Development Regulations. e. Notification of the Board's decision shall be mailed to the petitioner and filed with the City Building Official. f. A final determination in favor of compliance shall permit the relocation and replacement/reinstallation of the dwelling unit on the requested site provided all other provisions of this Code, or any code by reference incorporated into this Code are met, and subject to any conditions that the Board of Adjustments and Appeals may impose. Where such conditions require repairs, renovations, construction or otherlike activity in orderto meetAppearance and Designs Standards or Minimum Code Compliance, security shall be required. The security shall be required prior to issuance of any building or construction permit, and shall be 110% of the costs necessary to demolish, remove and dispose of the unit and appurtenances, including all clean up, administrative, overhead and other expenses associated with or incidental to restoring the lot to a conforming condition. If the building, construction or development activity is not completed pursuant to conditions placed by the Board, including any established time frame for their completion, the applicant shall forfeit the security and the City may initiate action to demolish, remove and dispose of the unit and appurtenances. 9. A final determination not in favor of compliance shall prohibit relocation if the reason for a finding of non-compliance was the failure to meet the Standard Building Codes incorporated by Section 66-10 Land Development Regulations or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. If the reason for a finding of non compliance was the failure to meet the Appearance and Design Standards of this section or the failure to determine to be consistent with and compatible with surrounding units or the failure to be consistent with or compatible with the general character of the neighborhood o r community, the relocation and replacement/reinstallation of the dwelling unit shall be limited to an otherwise conforming site located in a Residential Mobile Home (RMH)zoning district subject to applicable codes and regulations. The failure of a used unit to meet age standards as established by this code for the location, relocation, placement, replacement, installation or reinstallation of a used unit shall not authorize the relocation, replacement or reinstallation of the unit in a Residential Mobile Home (RMH) district. 3. Procedure For Review of Application for used units that were constructed or manufactured 5-years or less from the date that a complete permit application is submitted. a. Within 10-days after an application has been submitted, the City Building Official shall determine whether the application is complete, he shall send a written statement specifying the application's deficiencies to the applicant by mail. The Building Official shall take no further action on the application unless the deficiencies are remedied. b. Within 30-days after the City Building Official determines the application is complete, he shall review the application and shall determine whether the dwelling unit continues to meet the Standard Building Codes incorporated by Section 66-10 Land Development Regulations or the Manufactured Home Construction and Safety Ordinance No. 846 Exhibit A Page 7 of 13 Standards of the U.S. Department of Housing and Urban Development, as well as the requirements of Section 90-169 of this Code and the Appearance and Design Standards of this section, and whether the unit is consistent with and compatible with the general character of the neighborhood or community. C. A final determination in favor of compliance shall permit the relocation and replacement/reinstallation of the dwelling unit on the requested site provided all other provisions of this Code, or any code by reference incorporated into this Code are met, and subject to any conditions that may be imposed to ensure compliance with applicable city regulations. Where such conditions require repairs, renovations, construction or like activity in order to meet Appearance and Design Standards or Minimum Code Compliance, security shall be required. The security shall be required prior to issuance of any building or construction permit, and shall be 110% of the costs necessary to demolish, remove and dispose of the unit and appurtenances, including all clean-up, administrative, overhead and other expenses associated with or incidental to restoring the lot to a conforming condition. If the building, construction or development activity is not completed pursuant to conditions placed, including any established time frame for their completion, the applicant shall forfeit the security and the City may initiate action to demolish, remove and dispose of the unit and appurtenances. d. A final determination not in favor of compliance shall prohibit relocation if the reason for a finding of no compliance was the failure to meet the Standard Building Codes incorporated by Section 66-10 Land Development Regulations or the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development. If the reason for a finding of non compliance was the failure to meet the Appearance and Design Standards of this section or the failure to be consistent with and compatible with surrounding units or the failure to be consistent with and compatible with surrounding units or the failure to be consistent with or compatible with the general character of the neighborhood or community, the relocation and replacement/re installation of the dwelling unit shall be limited to an otherwise conforming site located in a Residential Mobile Home (RMH) zoning district subject to applicable codes and regulations. The failure of a used unit to meet age standards as established by this Code for the location, relocation, placement, replacement, installation or reinstallation of a used unit shall not authorize the relocation, replacement or reinstallation of the unit in a Residential Mobile Home (RMH) district. e. An affected party may file an appeal of a final determination to the Board of Adjustments and Appeals as established by Section 70-375 and 70-376 Land Development Regulations. 1. Deviations The City Building Official may approve deviations from one or more of the Appearance and Design standards on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the Building Official may be appealed to the Board of Adjustments and Appeals as provided in Section 70-371 Land Development Regulations. J. Minimum Floor Area Exemptions 1 The city is periodically the recipient of Federal and State Community Development Block Grants that are a great benefit to the City and its citizens. The maximization of the impact of these, and other similar funds is in the best interest of the citizens of the City. As such, the Minimum Floor area of a dwelling units described in Subsection 90-169 A of this Article shall be Ordinance No. 846 Exhibit A Page 8 of 13 reduced from 800-square feet to 600-square feet in the case of construction funded or assisted by a Community Development Block Grant or similar Federal or State grant. 2. As a transitional measure to lessen the immediate cost and disruption to conforming sites, any existing single family dwelling, mobile home, manufactured home, or trailer having less than 1000-square feet that was lawfully placed upon a conform lot or parcel in accordance with applicable codes prior to adoption of the Vy Land Development Regulations may be replaced with an otherwise conforming dwelling unit of not less than 800- square feet. For the purpose of this section only, the roof overhang requirements herein shall be reduced to a minimum of 12-inches on 2-sides and 0-inches on the remaining 2-sides and the minimum width requirement herein shall be reduced to 12-feet. K. Restrictions on Land Use The City recognizes that certain landowners, mobile home parks, and others may have placed land use restrictions by recorded deed restrictions or pursuant to homeowners association by-laws, that may or may not be recorded of record, that effect the ability of a unit owner to place a mobile home/manufactured housing unit on such lands, and that these restrictions may contain design or other standards contrary to those required in this code. While the City will attempt to honor such recorded or non -recorded restrictions on a case by case basis, the burden is on each applicant to discover and deliver to the City all such restrictions that may affect the lands, and the City will not acknowledge any responsibility or liability for an application that is inaccurate or incomplete in this regard. 90-170 Minimum Code Compliance Review A. Generally All mobile homes, manufactured homes, trailers, buildings, or other structures used or intended to be used for human habitation or the storage of materials associated with human habitation in the City should be reviewed to ensure that they provide the basic minimum housing and building construction standards essential for safe and healthful living. To facilitate such a review, no mobile home, manufactured home, trailer or building shall be located, placed, deposited, installed or connected or reconnected to utilities in the City unless and until said mobile home, manufactured home, trailer or building has been either inspected or exempted in accordance with the provisions of this section. Any person or corporation transporting, installing or connecting to utilities a mobile home, manufactured home, trailer or building in violation of this section shaLl be subject to fine and/or imprisonment in accordance with sections 66-10; pfid-18-3-1through 18-7!5�)Land Development Regulations. B. New Dwelling Units Y JC-V_U� All new Manufactured Homes built in compliance with the Manufactured Home Construction and Safety Standards (HUD Code), Chapter 320, Florida Statutes and provisions of the Florida Administrative Code pertaining thereto shall be presumed to comply with the minimum standards of this code upon written certification by a mobile home or manufactured home dealer licensed under Chapter 320, FS. That the mobile home or manufactured home was constructed and remains in compliance with said statutes and codes. Additionally, any permit application intending or proposing to place, replace, construct, reconstruct, locate, relocate, install or reinstall a new manufactured home or building in the City of Okeechobee must demonstrate that the unit was constructed to and remains in compliance with structural design requirements and windstorm protection provisions for Wind Zone 11 as established by HUD regulations CFR Part 3280, Sections 3280.305 and 3280.306, or the equivalent code, statute or regulation to which the construction of a particular building or structure is subject. C. Used Dwelling Units lr-",\ This section applies to trailers, mobile homes, and used manufactured homes Ordinance No. 846 Exhibit A Page 9 of 13 buildings and shall ensure safe and livable housing. The Provisions of this section shall not be construed to be more stringent that those standards required to be met in the manufacture or construction of new dwelling units. All trailers, mobile homes, and used manufactured homes and buildings located within the City of Okeechobee on the effective date of this code shall be inspected by the City Department of Planning and Development prior to being transported, reinstalled or relocated in the City. The person transporting or relocating the structure shall make application with the building department and pay the applicable fees including mileage, in full, for the off -site inspection. The off -site inspection shall ensure that trailers, mobile homes, or used manufactured homes and buildings will meet the requirements of this Code or any code incorporated by reference into this Code but said requirements shall not by construed to be more stringent than the code to which the unit was originally constructed. 2. All used trailers, mobile homes and used manufactured homes and buildings prior to being transported into the City for the purpose of installation, use as a dwelling or resale within the City shall have an architect or professional engineer registered in the state certify that the trailer, mobile home or used manufactured home or building is in compliance with this Code or any Code incorporated by reference into this code and affix his impression -type seal and registration number, telephone number and address. Any permit application intending or proposing to import into the City from outside of the City a trailer, mobile home, or used manufactured home or building must demonstrate that the unit was constructed to and remains in compliance with structural design requirements and windstorm protection provisions for Wind Zone 11 as established by HUD regulations CFR Part 3280, Sections 3280.3005 and 3280.306, or the equivalent code, statute or regulation to which the construction of the particular building is subject. Upon meeting applicable requirements and subsequent relocation to the City, the provisions in paragraph (1) above shall apply. Upon City inspection, failure to meet the requirements of this Code shall require the immediate disposal of the unit or removal of the unit from the City of Okeechobee. 3. The City Building Official may establish agreements of reciprocity with other cities and municipalities within this state to conduct inspections required by this section. 4. Due to the lack of federal building and safety standards for transportable structures manufactured prior to June 15, 1976, as well as the adoption of local standard building codes (see Section 66-10 Land Development Regulations) that for the most part would prohibit such structures, any mobile home manufactured prior to June 15, 1976 shall be imported into the City of Okeechobee for use or resale as a dwelling either temporarily or permanently, nor shall any mobile home manufactured prior to June 15, 1976 be installed, reinstalled, located, relocated, placed or replaced within the City of Okeechobee, or moved from one location in the city to another location in the city. The sale, resale, installation or transportation of a mobile home in violation of this subsection is strictly prohibited. The City Building Official may grant limited waivers for the sole purpose of transporting a substandard mobile home out of the City of Okeechobee or to a permitted site for demolition and disposal. D. Standards for Review Trailers, mobile homes and used manufactured homes and buildings shall meet the following standards for safety and structural adequacy. a. Exterior exit doors, including sliding glass doors, shall be in good and safe working order. b. Exterior doors shall have safe and operable locks. 6, M& C. If constructed after January 1, 1974, shall have operable egress windows or an exterior egress door located in each sleeping room. Ordinance No. 846 Exhibit A Page 10 of 13 d. All windows and operators shall be safe and operable and all glass in place. e. Screens shall be on each window. f. All floors shall be of solid decking. All holes or damages floors caused by leaks or broken decking shall be replaced or repaired, as needed. 9. All interior wall coverings shall be in place. h. The bottom board covering the floor joist shall be insect proof and rodent proof throughout, and securely sealed. L The roof shall be in good condition with no apparent leaks. There shall be at least three (3) over -the -roof tie down straps, properly spaced and in good condition, on every single -wide mobile home. All double -wide mobile homes that were factory equipped with over -the - roof tie down straps must meet manufacturer's specifications. k. All running gear such as axles, wheels and springs shall be in good and safe working order. 1. Chassis and hitch assemblies shall be in a safe, undamaged condition. M. The exterior wall covering shall be as necessary to prevent the entrance of water. 2. Trailers, mobile homes or used manufactured homes and buildings shall meet the following standards for plumbing adequacy: a. All plumbing fixtures shall be in place and in good workable condition. b. The relief valve on the water heater shall have unthreaded three- quarter -inch drain pipe extended beneath the mobile home. 1 Trailers, mobile homes or use manufactured homes and buildings shall meet the following standards for heating system adequacy: a. All heating appliances shall be in place and in good and safe workable condition. b. All duct systems shall be in place and in good workable condition. 4. Trailers, mobile homes or use manufactured homes and buildings shall meet the following standards for electrical system adequacy: a. All shall comply with the provisions of article 550 of the National Electrical Code. b. Distribution panel boards shall be properly installed, complete with required breakers or fuses, with a 11 unused openings properly covered. C. All electrical fixtures shall be safe and properly installed. 5. All electrical outlets shall be of the grounded type. 6. All trailers, mobile homes or used manufactured homes and buildings shall have approved smoke detectors located outside of each sleeping area. E. Certificate of Inspection Ordinance No. 846 Exhibit A Page 11 of 13 Upon satisfactory completion of the inspection described in this section, receipt of a satisfactory written inspection report from a County or municipality of this state, satisfactory written certification from an engineer in accordance with subsection C2, above, or the satisfactory written certification from a licensed mobile home dealer, the City Building Official shall issue a permit authorizing transportation and installation of the trailer, mobile home, manufactured home or used manufactured home or building. Provided however no such permit shall be issued until the site on which the unit is to be place is determined by the Building Official to be in compliance with all provisions of this Code. All permits shall be issued until the site on which the unit is to be placed is determined by the Building Official to be in compliance with all provisions of this Code. All permits shall be valid only for the site inspected. Any subsequent relocation of the trailer, mobile home, manufactured home or used manufactured home or building shall require another inspection and permit prior to removal or transportation. F. Minimum Code Review Required Any building or structure used or intended to be used for human habitation or the storage of materials associated with human habitation not otherwise reviewed in accordance with this Section shall be inspected to ensure that they comply with basic minimum standards prior tot he installation, connecting or provision of utilities in accordance with the provisions of the Standard Housing Code. See Section 66-10 Land Development Regulations. A Certificate of Inspection shall be issued by the building official, or as other applicable provisions of this Code shall apply. 90-171 Governmental Use Any agency of municipal, county, state or federal government may utilize a mobile home, manufactured home, recreational vehicle, or other type of trailer for temporary purposes in any of the wrincorporated areas in"16 MeAobee Goun , providinq such uses shall not be or include a residential or dwelling use. On governmentally owned lancrw�itin area of the City, municipal, county, state, or federal government may u-tilizea mobile home, manufactured home or recreational vehicle for residential uses, subject to a showing that all other applicable regulations, such as those on health and sanitation, have been met. 90-172 Recreational Vehicles A. Use of a Dwelling No recreational vehicle as defined in Section 66-1 Land Development Regulations shall be used for dwelling purpose within the City of Okeechobee unless locate within a licensed recreational vehicle park, subdivision, or campground. B. Appurtenances to Recreation Vehicles Upon application and receipt of a permit from the Building Department appurtenances such as garages, carports, Florida rooms, screened rooms, sun rooms, greenhouses, cabanas, or patios (excluding kitchen and cooking facilities) may be place along with any recreational vehicle unless specifically prohibited in subsection C below. In no event shall the combined square footage of all structures, including the recreational vehicle, exceed 2, 1 00-square feet or a 60% lot coverage whichever is less, nor shall the total of all impervious surfaces exceed 70% lot coverage. Unless prohibited b7 subsection C below, recreational vehicles may be placed on a foundation and tied -down as provided in the Florida Administrative Code provided they are fully skirted. C. Exception to Appurtenances and Foundation No foundations or external appurtenances shall be constructed or placed along with any camping trailer, truck camper, motor home, private motor coach or van conversion as defined in Section 66-1 Land Development Regulations. Ordinance No. 846 Exhibit A Page 12 of 13 D. Tie Down of Recreational Vehicles Any recreational vehicle stored or remaining on a site for longer than 6-months shall obtain a permit and be tied down utilizing approved straps and anchors. This subparagraph shall not be deemed to authorize the use of such vehicle for year round occupancy in violation of this Code. The City building official may require tie down of recreational vehicles that have not yet been located on a site for 6-months where: The nature of extent of appurtenances would indicate a likelihood that the recreational vehicle will remain for greater than 6-months, or 2. The recreational vehicle is moved or relocated in such a manner that the intent of this subsection to provide for the Public Safety is evaded E. Use as a Permanent Residence No recreational vehicle, regardless of size, extent or appurtenances or the fact that it is placed on a foundation, shall be used within the City of Okeechobee as a Permanent Residence as defined by Section 196.012, Florida Statutes. Ordinance No. 846 Exhibit A Page 13 of 13 IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 03 -011 - SSA. Consider a recommendation to the City Council, to change the land use designation from Industrial to Commercial located at the SE comer of NW 9' Avenue and NW 6�h Street, Lots I - 12, Block 98, City of Okeechobee. The property owner is DR & Martha Watford, John Burdeshaw is the representative - Exhibit 1. B. LDR Amendment. Consider a recommendation to the City Council to amend Chapter 90 of the Land Development Regulations specifically regarding Mobile Home Regulations. Including, but not limited to design, placement, foundation, appearance standards, limitations on age of unit for placement, process of application review and appeal - Exhibit 2. December 16. 2003 - Land 2 of 3 Mr. John Burdeshaw submitted a letter on behalf of the property owners, DR & Martha Watford, withdrawing the petition. Attorney Cook, briefly explained the proposed amendments to the Agency by stating that this is almost a verbatim copy of the County Code in regards to Mobile Home Placement. The City Council has reviewed the proposed LDR amendment, and would like to amend the required 1,000 square feet of floor area to 800 square feet, due to the smaller lot size in the City. In conclusion, he explained that the City Council is requesting approval from the Land Planning Agency, with some fine tuning, of the proposed LDR amendment regarding the Mobile Home Regulations. Agency Member Ledferd made a motion to recommend to the City Council to adopt the proposed LDR amendment -with the above revision; seconded by Agency Member Hoover. VOTE HOOVER - YEA KELLER - YEA LEDIFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. The Oke,.:hobee News P.O. Box 639, Okeechobee, Fl;o4rid (863) 763-3134 y Published Dail STATE OF FLORIDA COUNTY OF OKEECHOBEE REcEIVED DEC 2, 203 Before the undersigned authority appea�red Judy Kasten, who on oath says she is Publis eto hobee News, a DAILY Newspaper publishe at 0 h e. 0 Okeechobee County, Florida; that the attached copy o s 0j ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this a ertisement for publication in the said newspaper. P1111111 Ir' Wir A CITY ORDINANCE TAKE NOTICE that the City il of the City of Okeechobee, will on Tuesday, January 6, at 6:00 p.m. or As,soon te ossible, at City Hall, 55 J 14enue, 10keechobed� 'FL nduct a PUBLIC HEARING on ereafter consider final'tead. TLEAKJAI a vernal -ings Is cludes t upon 1w based.,.1 sole� u %kd7m,rdl- Mln �en- Ahe ipb c In :.0 . t Ong : s 8 rk s 6V Wept AN B johItAD psi $ to rn�d6 4'the T"t ti* any' this hearing, in, will rided a us, artd for to ehsiare d !id- h VC100roo in." In accordance with'the Aimed qahS with Disabil Act �ADA) and florl- da Statutes186.2 . persons 'with disabilities needInq special ac4m- modation to natticloato In this.Dro- ceeding should contact, Lane Qrr otea no later I 91,ii dqs gor to 146,,proceepi Swf jtand su cri d before me this h(863) 63-3372,�eitension 211; earling or voice impaired; caIIjTC 1-800-222-3448 (voice) or 1-?8! day of aL> A.D. 20 b?!�) 447-5620 (M). .'k Notarj Public, State of J:m. 1 i, Atlt,!Aio Lane Gamiotea, CITY CLERK 4a"5 O-ON 12/26/03 ExHIBIT I - JANUARY 6 AGENDA EXHIBIT 1 WILL BE PROVIDED BY ATTORNEY COOK ORDINANCE NO. 848 AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDAAMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY ONE (RSF-1) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 03-008-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.16 acre(s) from Residential Single Family One (RSF1) Zoning District to Light Commercial (CLT) 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; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and the properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION Lots I and 2, of Block 21, South Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 7 Public Records of Okeechobee County, Florida. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single -Family (RSF-1) Zoning District to Light Commercial (CLT) 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. Page I of 2 -N'� 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 2"' of December, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 6th day of janua 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 November 20, 2003 - Planning Board - Page 2 of 3 -C A- 7,T10,N - DISC- U SSION - VOT, E AGE NDA IV. NEW BUSINESS. A. Rezoning Petition 03-008-R. Consider a recommendation to the City Council to This request would allow the property owner to use the existing structure as a professional office. rezone 1302 SW 2 d Avenue from Residential Single Family (RSF) to Light The Future Land Use was changed at the October 28, 2003 meeting, the applicants are following Commercial (CLT). Philip Berger and Gerald Lefebvre are the property owners up with the rezoning. and applicants. B Rezoning Petition No. 03-009-R. Consider a recommendation to the City Council to rezone Lots 6, 7, and 8, Block 201, City of Okeechobee, from Heavy Commercial (CHV) to Residential Multiple Family (RMF). The subject property is located within the 800 Block of SW 2 d Street. Jimmy and Sheryle Byrd are the property owners and applicants, Vikki Aaron is the representative. Kelly Hill, representative of LaRue Planning and Management, addressed the Board by explaining the Planning Staff s recommendations in the Comprehensive Plan Analysis. The planning staff is recommending that the petition be approved. There was no public comment. There was no discussion from the Board. Board Member Ledferd made a motion to recommend to City Council to approve Rezoning Petition No. 03-008-R, based on Planning Staff s recommendations; seconded by Board Member Jones. VOTE JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. This request would allow the property owner to develop the lots with a multi -family dwelling. The Future Land Use was changed at the October 28, 2003 meeting, the applicants are following up with the rezoning. Kelly Hill, of LaRue Planning and Management, addressed the Board by explaining the Planning Staff s recommendations in the Comprehensive Plan Analysis. Planning Staff recommends that the rezoning be approved. Ivan Rhom, surrounding property owner, addressed the Board and Planning Consultant explaining that he was concerned with a Residential Multiple Family residence right behind an Industrial zoning. Mr. Rhom would not like this Petition to be approved. This area has always been Heavy fF - City of Okeechobee General Services Department rd 55 S.E. 3 Avenue, Room 101 kee hobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 217 Fax: (863) 763-1686 Daft: k0j;X% �03 Petition No. '0 Fee. Co. 00 Jurisdicu; Ind Hearing: 0 Publ,icati on Dates: Ills ILU/Jt P8 o- * No,ticis- Mailed: Uniform Land Use Application RP7.nnp * I.Rnecial Excentinn * Varinnee V Name of property owner(s): Philip Y_ Rprapr k rprald A- T.P I f Phxrrtn A�� Owner mailing address: P.O. Box 15e Okeechobee, F1, 34973 P-1 Name of applicant(s) if other than owner (state relationship): . L ' Applicant mailing address: C� A:'�_' Name of contact person (state relationship): Phl'ip T-.- -RPrc1g-r N 01 Contact pe'rson daytime phone(s): ( 8 6 3) 7 6 3 - 6 4 11 �'A . 6 1 7 F, -1 - 1 0 R Q _JJ Properry address/ directions to property: 1302 qW 2nd Avg- nk6P&hn'hPP,P.T- '�4()74 Indicate current use of property: Res ident i al S i ncrle Fami iv u ihiF6c6*upied (ifnone,so state): Describe improvements on property, incl ding number/type of dwellings and whe Single Family Residence 712P Approximate number of acres: 2 L o t s s property in a platted subdivision? Yes -Lots 1&2 Blk 21 P R Soe$%O�eee scnVIs there a current or recent use of the property that is/was a violation of county ordinanc 0, ep.blee No 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? No 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: rnmmk=rr-i a 1 �Fniini-lan r%-F Vn1i+,h South: Child Care Center East: RJ Gators West: Residential Sing! Existingzoning: Residential Future Land Use classification: Special E, (_LL) Variance Actions Requested: (_X) Rezone xception Parcel Identification Number: 3-21-37-35-0040-00210-0010 o fl on of Information Accuracy n Irmati I hereb certify that fo n this application is correct. The information included in this application is for use by the C'Ef Qkeech ee ro m request. False or misleading information may be'punishable by a fine of up to $50 0 d imp t ays and ult in the summary denial of this application. Printed NamdV4t%_A 0 -J , bMIk4e-W-Date Uniform Land Us Appli on (rev. 1/03) Page I of 2 Fami ly Requested zoning classification ;Obffi�fieV(.t �Llftj;' Current zoning classification: R S F A ificatiOn: 0 f f i c. e. R What is Your desired permitted use under the proposed clasg -v Xr-wl E I Ti 0, N if igu ne? YeS_ if granted, will the new zone be cont ous with a like zo E -Variance? I is your intended use? No s a Special Exception necessary for Describe the Special Exception sought: S P E Provide specific LDR ordinance citation: A L Are there other similar uses in tile area?, Is so, describe: xi C'� e in the best interest of the area and residents? E Why would granting your request b P T noise generation and activities to be If business, briefly describe nature including number of employees, hours, 0 conducted outside of a building: N Variance sought: e s c r ib e V an 'Ic e V A - R Describe physical characteristic of property that makes variance necessary: e sc r jb e p hy sl ca 1, JADescribe A L N to the characteristic? Is so, describe: C Did you cause or contribute i ou us or c E W i M. What is tdhe minimum variance necessary? s mim 110;k of Uniform Land Use Application (rcv. 1103) 'I Ili% I)ocumctit Prepared By and Return to! CONELY Cc CONELY, P.A. TOM W. CONELY, III 401 N.W. 6TH STREET P.O. DRAWER 1367 OKEECHOBER, FL 34973-1367 ParcelIDNumber: 3-21-37-35-0040-00210-0010 (3railtee #I TIN� #2 TIN Warranty Deed Documentary Stamps paid in the an"nt t.,4 $ "5,9s. &D cAass C Intanoble Tax paid in the amount of $ Shamn Robeftwn, Clerit (if Cirruit Courl Okeecholom Qmnty, FWW8 1 0 1 By: 4� Date: //-,ZO-,.,?-00,?— Indenture, Madethis 19th dayof November 2002 AD Between RONALD J. MATHEY and JOYCE A. MATHEY, his wife 1,f ilic county of Okeechobee state of Florida , grantors, and PHILIP'Y. BERGER and GERALD A. LEFEBVRE, as tenants in common ,viv,sc addre5s is: Post Of f ice BOX 158, Okeechobee, FL 34973 Of the County of Okeechobee 9 State of Florida grantees. NVillnesseth that the GRANTORS, for and in consideration of the sum of - - - - - - - - - - - - - - - - - - - - - - - - TEN DOLLARS ($10) - - - - - - - - - - - - - - - - - - - - - - - DOLLARS, and othcr good and valuable consideration to (jRANTORS in bond paid by GRANTEFS, the receipt whcrcof is hereby acknoMcdged, have granted, bargained and sold to the said GRANTEES and GRANTEES' heirs, successors and assigns forc,er, the following described ]arid, situate, lying ard being in the County of Okeechobee State of Florida to wit: Lots 1 and 2, Block 21, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 7, public records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2002. 7 1 L E D - - '' �' .- '' (" 3 8 0 14 G 2gq? poll 20 J�Ilr- � " SHAROi�� 1 CLERK 01- CIRCI-111 C11111.1i" .1 and ibe grantors do hereby fully warrant the title to said land, and will defend the sanic against lawful Claims Of all PCTSOnS whomsoc%cr. In Witness Whereof, the grantors have hereunto set their bands and seals the day and year first above written. Signed, sealed and delivered In presence, (Sea]) EVK C6NELY RONALD J. T� EY Witness P.O. Address: 6170 N.W. 154th *Fenuc,_Ok cl bee, FI, 34974 (Sea]) TOM W— Co d-t A'� ess:: 6 OY -W. 154 h Avenue, Okeechobee, FL 34974 C OYC A. TRE ne ;!t;�� .0 A 170 N. S'FATE OF FLORIDA COUN'ry OF OKEECHOBEE er 2002 by The foregoing instrument was acknowledged before me this 19th day Of Novemb RONALD J. MATHEY and JOYCE A. MATHEY, his wife ,ho are personally known to me or who have produced their Florida driver's license asid ifi - n. EVA MAE CONELY 7! my COMIJISSION I CC 960503 EVA MAE CONELY DKW1bW 12� 20CA EXPIRES 'lZit Pt*kUnd"AC'S Notary Public Bonlivllhrtl VY My Commission Expires: 12/12/04 �IATHFY-BERGER I,l;vG—tedby10DjspI.ySys—,I=. 20DD (263)753.5555 F—vlFLWD-I F- cx CD 0 C, t:r cj� P, G') ilk M m m n M rn < 33 33 m fl� ALLEY MW WAT E 74' SWIPI It) 01 t rQ WIN kWDrgrE tDO-Ot' SH 2NO AVENUE , 7E,—TEI,CVIE In 0, M -0 rng nn M z I:) 11� �? " mrn W, 7 _n October 21 � 2003 Statement of Interests Please be advised that Philip Y. and Lori C. Berger and Gerald A. Lefebvre own the real estate described as: Lot 1 & 2 Block 21 South Okeechobee Parcel ID# 3-21-37-35-0040-00210-0010 The owners would like to rezone the property in order to use it for office space. The surrounding property uses are commercial. Sincerely yours, Y. Berger �IANIETTATHKMT MY COMMISSION # DD 083416 EXPIRES: JanM 10, 2106 Unded Thm Notwy PU* Unftwbrs OWNER'S AFFIDAVIT REQUESTING ZONING CHANGE STATE OF FLORIDA COUNTY OF OKEECHOBEE COMES NOW LORI C. BERGER after first being duly sworn to tell the truth and states as follows: 1. That her legal name is LORI CURVIN BERGER 2. That her birth date is December 11, 1962; 3. That she is co-owner of "Lots I & 2 Block 21 South Okeechobee Parcel E[) 3- 21-37-35-0040-00210-0010"; 4. That she requests the zoning of that property be changed from residential single family to commercial. 5. That the requested zoning change is made for office use. FURTHERMORE AFFIANT SAYETH NOT. �dFl"i LORI C. B1*GER I SWORN TO and subscribed before me this , If day of 312003 DIANN R. PATRICK (SEAL) Notary Public, State of Florida MY c9mm, exp, u0ct, 27, 2003 Comm. No. CC877195 Notary Public My Commission Expires: OWNER'S AFFEDAVIT REQUESTING ZONING CHANGE STATE OF FLOREDA COUNTY OF OKEECHOBEE COMES NOW GERALD A. LEFEBVRE after first being duly sworn to tell the truth and states as follows: 1. That his legal name is GERALD ALAN LEFEBVRE; 2. That his birth date is June 6, 1950; 3. That he is co-owner of "Lots I & 2 Block 21 South Okeechobee Parcel EI) 3- 21-37-35-0040-00210-0010"; 4. That he requests the zoning of that property be changed from residential single family to commercial. 5. That the requested zoning change is made for office use. FURTHERMORE AFFIANT SAYETH N AFFIANT GER�lb A. LEFEBVRE Wiinessv 4 ru Itnelss SWORN TO and subscribed before me this /�' day of z;��Wtge' _, 2003 Notary Public My Commission Expires: (SEAL) DIANN R. PATRICK Notary PuLIW, State of Florida MY COMR evi. 27,2003 Comm. No. OWNER'S AFFEDAVIT REQUESTING ZONING CHANGE STATE OF FLOR11QA COUNTY OF OKEECHOBEE COMES NOW PHILLIP Y. BERGER, after first being duly sworn to tell the truth and states as follows: 1. That his legal name is PMOLIEP YORK BERGER: 2. That his birth date is June 11, 1946; 3. That he is co-owner of "Lots 1 & 2 Block 21 South Okeechobee Parcel 11D 3- 21-37-35-0040-00210-0010"; 4. That he requests the zoning of that property be changed from residential single family to commercial. 5. That the requested zoning change is made for office use. FURTHERMORE AFFIANT SAYETH N SWORN TO and subscribed before me this day of 92003 Notary Public My Commission Expires: eee-s (SEAL) DIANN R. PATRICK Notary Public, State of Florida My comm. r4j� Oct. 27, 2003 Comm. No. (-';"877195 Le tA r i w*j f POE Ln U—) U3 LO V�l cn cj C'W In C-� Ln cm w z Ln 1 002 1 Eg? �n Ln toe Ln as I is 91 0YOU 31VIS W AVMHOIH 's 'n at OW M LO 'm cr C) 05 as at 09 09 or -T Un W LLJ LLJ LLJ LU Ln Ln ca cl C) 05 as a 0' uj w LU L.Li w /--N LU U0 Vu M LCI Lc �E — M �E cn Lr) cn Em E35 ni Co cr' 3i — co cn 04 Lr) 09 as as at as as at as at LCI In Cj Cu rn ru 1471� Ln 'D CY-3 9?1 L'i LCI C�! EEI 0 us LCI LC CU -7 cu 00? cu C� as 05 as w Ln U3 CD 0 as C%J M as Ln W rl a3 (IC cn C= C KIEI jz� LL) Lu Lo riva co - I C�! = ��, I at LJ cc LLJ LIJ LLJ cn C\j m �r Ln w Ln :3i as U� 05 as —as M(2:1- cl M M Ln 'm J M cc r-11 d cc C) C%J ru L'-Cjl rn cr- CD N PS4 ZL-%<Zl CO&A*A-t9�, Nl- F-OQttTt:'I"JOr 40kfr-�A ILK 19 COMMe-e-kIAL- -DA-( C&OLIC LaT-5 LK .21 -3 6AroQs o F 8L t- -K Z4 Ustr Rof qrJU 117-13111119 r w - t:iw J�� 17%�Am � 61b. -� rn 4L V16, -A 14, -4 1375 Ja(,-ks( 7;treet, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a-),att.net OT Kkk Preparedfor.- The City of Okeechobee ApplicantlOwner Berger & Lefebvre From: Residential Single Family One (RSFI) to Light Commercial (IC-1-J) Pefifion No. 03-008-R Staff Report Rezoning Request Cieneral Information Applicant: Berger & Lefebrve Petition No. 03-008-R Owner: Philip Y. Berger & Gerald A. Lefebrve Owner Address: P.O. Box 158 Okeechobee, FL 34973 Owner Phone Number 863-763-6411 Applicant: Same Property Control Number Fxisting Proposed 3-21-37-35-0040-00210-0010 Future Land Use Designation Commercial Commercial Zoning District Residential Single Family One (RSFl) Light Commercial (CLT) Acreage 0.16 0.16 Access SW 2 nd Avenue SW 2 n" Avenue Location: 1302 SW 2 nd Avenue, Okeechobee, FL 34974 Legal Description: Lots I & 2 Block 2 1, South Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 7 Public Records of Okeechobee County, Florida. I Request: The owner/applicant requests a rezoning for the subject property from Residential Single -Family One (RSF I) to Light Commercial (CLT) in order to operate some type of commercial office North: Future Land Use Map Classification: Commercial Zoning District: Heavy Commercial (CHV) Existing Land Use: Fountain Youth Day Care East: Future Land Use Map Classification: Commercial Zoning District: Commercial Existing Land Use: R.J. Gators is east and south two lots. South: Future Land Use Map Classification: Commercial Zoning District: Commercial Existing Land Use: Day Care West: Future Land Use Map Classification: Single Family Residential Zoning District: Residential Single Family One Existing Land Use: Single Family (PAGE I Staff Report Applicant: Berger & Lefebrve Rezoning Request Petition No. 03-008-R The subJect property is in a transitional area with Commercial intensive uses such as restaurants to the east fronting on 441. To the west, there are single-family homes with day care centers directly to the north and south of this property. The use for this property is low intensive in nature. An office is a good fit for the neighborhood. The proposed zoning is consistent with Policy 2.1 of the Future Land Use Element, which includes professional offices as permitted uses with appropriate zoning. The proposed zoning is consistent with surrounding land uses. 1. The proposed use and zoning are not contrary to Comprehensive Plan requirements. Light Commercial Zoning would be a consistent zoning allowable under the Commercial Future Land Use category. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. Office use is allowed and authorized under the Light Commercial Zoning District. 3. The proposed use and zoning will not have an adverse effect on the public interest. The public interest will not be negatively affected by this zoning. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Surrounding uses show compatibility with uses allowed under this zoning district. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use and zoning if approved will not be a deterrent to the improvement or development of adjacent properties. 6. The proposed use can be suitably bufferedftom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (PAGE ) Staff Report Rezoning Request Applicant: Berger & Lefebrve Petition No. 03-008-R 7. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Concurrency impacts will be minimal for this type of zoning. Summary and Conclusions Prior to Certification I Based on the above analysis Light Commercial Zoning seems appropriate in this transitional neighborhood. I Recommendation Staff recommends approval of the request to allow rezoning from Residential Single Family One to Light Commercial permitting the applicant to have an office at this location. Submitted by: James G. LaRue, AICP Planning Consultant November 7, 2003 (PAGE ) 2393�346384 LRRUE PLANNING & MGT xmr 7777 4 ),.,1 toil! I IL 5 To mmr 17V 0, 9 TV SMY Mi cav 7-7 7-7—F-- '-777- ?A JIM. I �s —3- 4 RSF I -71 A wf c I Im -;,�f.0 !!,.Err 7-7- 121 W) 3. IL to 10 37m Z!x 46 T 49 777 ug i -yr Itst j If I � I f I J 3 1 t 14 14 004 P06/Oe NOV 0? '03 16:1? IJ ? 1 ILI RUP 22 0- 27 KILLA Lv!lu cm,timirs IN ExHIBIT 3 - JANUARY6 AGENDA MEMORANDUM To: Mayor and Council From: Lane Gamiotea, City Clerk d)A Subject: Ordinance No. 849/Rezoning No. 03-009-R Date: December 31, 2003 This is the final public hearing regarding Ordinance No. 849 to consider approving Rezoning Application No. 03-009-R. The application was submitted by Vikki Aaron on behalf of the property owners, Jimmy and Sheryle Bryd. The request is to change the zoning on Lots 6-8 of Block 201 OKEECHOBEE from Heavy Commercial (CHV) and Industrial (IND) to Residential Multiple Family (RMF). Please refer to Code Book Section 90- 192 for a list of permitted uses within a RMF zoning district. All fee's have been paid. The ordinance was advertised in the Okeechobee News on December 26. • The Planning Board voted unanimously to recommend approval (November 20, 2003 Meeting). • Planning Staff is recommending approval. • The General Services Department mailed twenty-eight courtesy notices to the surrounding property. One resident stated his objections to the rezoning at the Planning Board meeting. 0 The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. ORDINANCE NO. 849 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACTOF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) AND INDUSTRIAL (IND) ZONING DISTRICTS TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 03-009-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.399 acre(s) from Heavy Commercial (CHV) and Industrial Zoning Districts to Residential multiple Family(RMF) 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; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION Lots 6, 7, and 8 Block 201, City of Okeechobee, according to the plat thereof as recorded in Pat Book 5, Page 5, Public Records of Okeechobee County, Florida. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Heavy Commercial (CHV) and Industrial (IND) Zoning Districts to Residential Multiple Family (RMF) 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. Page 1 of 2 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 2 nd of December, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 6" day of januga, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 November 20, 2003 - Planning Board - Pagy 2 of 3 AGENDA T, USSIONNVO A C- ION �;41)19 C IV. NEW BUSINESS. A. Rezoning Petition 03-008-R. Consider a recommendation to the City Council to This request would allow the property owner to use the existing structure as a professional office. rezone 1302 SW 2 d Avenue from Residential Single Family (RSF) to Light The Future Land Use was changed at the October 2 8, 2003 meeting, the applicants are following Commercial (CLT). Philip Berger and Gerald Lefebvre are the property owners up with the rezoning. and applicants. B. Rezoning Petition No. 03 )-009-R. Consider a recommendation to the City Council to rezone Lots 6, 7, and 8, Block 201, City of Okeechobee, from Heavy Commercial (CHV) to Residential Multiple Family (RMF). The subject property is located within the 800 Block of SW 2 nd Street. Jimmy and Sheryle Byrd are the property owners and applicants, Vikki Aaron is the representative. Kelly Hill, representative of LaRue Planning and Management addressed the Board by explaining the Planning Staff s recommendations in the Comprehensive Plan Analysis. The planning staff is recommending that the petition be approved. There was no public conu-nent. There was no discussion from the Board. Board Member Ledferd made a motion to recommend to City Council to approve Rezoning Petition No. 03-008-R, based on Planning Staff's recommendations; seconded by Board Member Jones. VOTE JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. This request would allow the property owner to develop the lots with a multi -family dwelling. The Future Land Use was changed at the October 28, 2003 meeting, the applicants are following up with the rezoning. Kelly Hill, of LaRue Planning and Management, addressed the Board by explaining the Planning Staff s recommendations in the Comprehensive Plan Analysis. Planning Staff recommends that the rezoning be approved. Ivan Rhom, surrounding property owner, addressed the Board and Planning Consultant explaining that he was concerned with a Residential Multiple Family residence right behind an Industrial zoning. Mr. Rhom would not like this Petition to be approved. This area has always been Heavy November 20, 2003 - Planning Board - Pa2e 3 of 3 ON 'DISCIUSSf6N., AGENI)A ACTI 5'H'W�"': IV. NEW BUSINESS, CONTINUED. B. Rezoning Petition No. 03-009-R, continued. V. ADJOURNMENT -Chairman PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. Jerry Walker, Chairman ATTEST: Katrina Vinson, Secretary Commercial or Industrial zoning, and he is worried that the Residential Multiple Family zoning may affect the current and future land value of his property. There was no further public comment. There was no further discussion from the Board. Board Member Keller made a motion to recommend to City Council to approve Rezoning Petition No. 03-009-R, based on Planning Staffs recommendations; seconded by Board Member McCoy. VOTE JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. There being no further items on the agenda, Chairman Walker adjourned the meeting at 7:35 p.m. City of Okeechobee General Services Department, 55 S.E. V Avenue, Room*101 e hobee,Florida 34974-2903 Phone: (863) 763-3372, ext. 217 Fax: (863) 763-1686 — Date: Petition No. Pai -Fee) tl:t:7�-ia�-i�iW> un dictio J n tst.Hearinir. Ind Hearing:"..., Publication DatesT p6 17-12ib rizz d: ... .... Uniform Land Use Application I afil�e'VvSnecial ExceDtion -Variance Name of property owner(s): Jimmy L. and Sheryle S. Byrd A Owner mailing address: Post Office,.Box 3.171. P. Name of applicant(s) if other than owner (state relationship): Same L I Applicant mailing address: Not applicable A Name of contact person (state relationship): V i kk i --Aa r o n - a g en N Contact person daytime phone(s): 8 6 3 - a 6 7 - 4 7 6 8 Fax: 8 6 3 - 4 6 7 - 4 6 LEL�l Property address /directions to property: 800 Block S.W. Second, Street Indicate current use of property: Vacant commercial Describe improvements on property, including number/type of dwellings and whethef6c6iipied (if none, so state): The subject property is currently Vacant Approximate number of acres: Is property in a platted subdivision? Yes P R Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: N o 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? No T y-- Is the subject parcel your total holdinT at that location? If not, describe the remaining or intended uses: No . The Westli of Lot 2, A 1 of Lots 3,4,and 5 are zoned commercial and n in cnmmc�-ri-iAl ilcn Describe adjoining land uses / improvements to the North: C o m m e r c i a 1 South: Residential East: Commercial West:Multi Family Existing zoning: C o mm e r c i a 1 Future Land Use classification: C o m m e r c i a 1 & I n d Requested: Rezone Special Exception _LJ Variance UEA,ctions P rcel Identification Number: R3-15-37-35-0010-02010-0060 'to nflrmatiowof 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 $500.00 and riisT=pnen,�of up to 30 days and may result in the summary denial of this application. --S�4� S og�&�w- JiMM & Shi-rylj� gyd- October 27. 2nm Sigiiiwe " Printed Name Date Uniform Land Use Application (rcv. 1/03) P a0v I o f 2 Current classification: Requested zoning classification zoning Commerrial What is your desired permitted use under the proposed classificati T o c.,o 1P I, R family dwelling units ith a like zone7."' s the new zone be contiguous wl Y,e -Y if granted, will i Is a Special Exception necessary for your intended use? 'No -�L-----Variance? Describe Variance sought: V es ib Va A j R Describe physical characteristic of property that makes variance necessary: A N C Did you cause or contribute to the characteristic? is so, describe: E What is the minimum variance necessary? U"O v If 716*w ........... 7— ije-2W 2';� Uniform Land Use Application (rev. 1/03) D )oh. 1) 1 K "AA P—T ?I, ". 1'. 7. , "., f'.0 ...... on',, � �; 0 9 0 Dmu,r�xry SUft" Dnd in III arnowil of Cims '.Itnmlpbiv TA,v I. d ll, V., i"e"Ok"MI nis sherffl nwqrn�., r,,,, , C"M01 Owl D.C- d QU1-CL&1LtVU..p Till$ QuIr ( LAIM /-/ in, -,f Ar,,l. 2002. 1, ":MINMY OF 0KFI1.CIIOIIF.j�/.I( III I yj�. IN( 1*1,,,ii. 34974, AOI%Wll.,k Slf,,et, 141)74. ,j (VA—e, 'ot'd the I—, '!"-t Pit"" "'d li-11W-, AM h—, feg.1 repre—I.f.— Ad —ip, ..d live mc,-nirs And -11191� ir,f c:orpn,.I,,vn�. hr,r— live je,,j . neirmit. ,r �q,.v— ) "'ITN F,.';Sf:Tl 1: Thmi Ific %sill rim, party. fiir Rml I, C(,n�pdetnlioo 41he vi—of Sin nn I,, I,A, I rA-(f h) five nid �cc,,,vd pari). Ihe rvneciri i—eh, cw— togc,l, in,, 1,,,,h, 11—sc. r0cri,i, nd ef.,, �ntro tl,c id .c.nd plirly rore%-er. All five r:Wn. ritic. lnIcrc%t. cl """ "I'(' k!"'"n"i koln"i live %.Ild r—t 13,1n.% 114% Ill And in the foll— ing de,,-,bc,l 1- r-rce or rArcrt t,f lmnd. %sijinic. lynig and Ncinp n live 1-f OKF1kCI IMIFE, SI-Ic ,( Fl—.d.. il,, �iq The ..e.h.jr r I j.5 f_j) or 1_1 2 ami mi r u,t i. Work 201, CITY OF 0XFFCIIOnFF. --liAg 1., 1,, rI.f ih,_f I, ...... jei i. Ill., 1, l..R. In. P.1,11 c Rircord—l'Okerchalicermlint, Flnri,lm. TO I I AVE AND TO I IOLD il,c me i,,gettler %, itli A 11 And %�vvlltlllat live Appitri—enic- I heretinio Iwianiting wercm. I ley,. tqilll y a rd c lanvi whaisnever or ple %Aid rin't pinly.colicrin lm% Anti beh-11"ofiliesnod %c-lild r,"y forever IN NN'ITNFSS WHEREOF ln, —d 17-1 nnrl) t-- 1,911rd -Il tr-fle,f th-c presewit,k The In% -ti rnr riim Sigrn,d. '4f %1!%I)l -C (A IKI I�C� RMIEL,;; I'l I 1%1�� INc Wit �Isi Went P,iol f6 waot"t I rInt 36872P .;I ATE 01' 1 tAlk It )A COONTY (17 (W I ( �h !w of S,ti ...... I, I I I YR 1). Not x A E . . ......... ...... . A Att 10 4-'s Bc�K:368 NcE 657 &e, /4.09 re-don..b..- 3-15-37-35-0010-02010-0040 OmimnIs #I TM 263-68-2112 )OCUM 12 31� *=" 1�," 9*4 ICnlh* comwe #a 7m 261-94-9556 = *"*' tq _ -7 inn n 44 Warranty Deed to �Z5 TUs Indentum M&& " llthd.yof July, 19 95 &D., Ber*een SAMB RAIRRICK, a single woman, of the emely ot Okeechobee I stmera Florida t'or, and JIMMY L. BYRD, SR. and SHERYLE S. BYRD, his wife, 19mn wbwaddrieomic1103 N.W. 7th Court, Okeechobee, Florida 34972 of " Conow of Okeechobee I stow a Florida , grantees. VAtnesadh eb2l On OXANT0k laor earr In candj6dention of the enee of — — — — — — — — — — — — — — - - - - - - - TEN & N01100($10.00) - - - - - - - - - - -- L,,,,. And G*Ar pod aW -hble a,,anjdnjjea so C, RANMR 1. head paid by GP.&NTM the reeSiPt -hMa IN hereby Wknowledlrd. I. P"O"'d, bUIP"Od end "Id to the Gald GRANTUM ad GRANTEEV hem arod nexill"I f0mr1r. the 101kWArs dasailond Lead, shnete. tyl"'Adboksle-Cer"Iyof Okeechobee amor Florida rawit: Lots 4 and 5 of Block 201, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the Public records Of Okeechobee County, Florida. SubJect to restrictions, reservations and easements of record, if any, which ar not reimposed hereby, and taxes subsequant to December 31st, 1;94. FILED F OR OKFECHN' 273822 95 JUL I? A,! 9"! ? SHARON ROBERTSON CLERK OF CIRCUIT CGURT Md At V&SOM dM be" fully wemnt The 111W to mid lead. 4W will derea, the "me splaer Wwr%I cia,are cr(C! Pam" whoeheo"r in Witntes %ereof, he gm.w, hea m__ et he, head ad —1 the day ad y— rint ah� written. 3140114 asithd d dd vezed La ur '4 Ur —4-- RVA MAN 'CONKLY SARAH HAMRICK A Z P 0 Addr,061 INAI Ofnft Box 837, Ok—hobcn, �L 349n TOK VL STATE OF FLORIDA R COUNTY OF OKEECHOBEE E 7- &-Pft le—ftn"Ot ON wbo-wrd Wane llth dity July. 1995 by T SARAR SAKRICK, a single woman, U R 140 19 PmnwlY b—to to m or wm hin P-*--d be, F 1 o r i d a driver's U& D� Prepand Dr. WNW. O=T M EVA MAE CON&Y �J T comma MY CDMMW�uli I CC M1 nr� '940 rinted Name: LPVA MAJ� CO*Vy- 2 0 WVm3marsaff ow cle j7�." ARY ne" �. �y PUBLIC , C , Fill. 30"72 e0n— -1 - Ccmunrieskor % Mr-W-11 = F-WID"meam: 3-15-37-35-0010-02010-006D Omm 4n Tm 263-68-2112 ammm oi Tm 261-94-9556 Warranty Deed 71" Tldmtwv, made " 19 t day o( SARAH XAMRICX, a single Woman, DOCUMOMIAry 3141hpa j j /,j PI'd �1,1 1h, Mark of CIWt C f2 Kay. 19 9 7 Ao., Bctvmen of Me CwAm of Okeechobee . &-mor Florida JIXKY L. BTRD, SR. and SHERYLE S. ByRD, his wife, gmnior, d ammaht Pon'- Offirc Box 3171kkeschobes, Florida 34973 of do 0-my at Okeechobee I 3"lea( Florida VAtaslftth tMi UM ORAhTOF. , grantees. IM "W k MMM..d. e ttw - — — — — — — — — — — — - - - - - - - - - TEN & N01100($10.00) - - - - - - - - - - - - DOLIAL% "d CON MXd Mad MUmble MuWmdm to GRAHMIt 'M h-W P-W b7 OWnUM LbO -m4m -MMd b bentoy MdM0W%dPd, hm VMIK barplaW md aWd ja gM MW OXWnMS md ORARnMr "W &W smigm fh�r. tb fob g do ks Wt"tN a" " W *A CMty Qf OKEECHOBEE . sms at Florida w -At 0 —40 KnVW gL Those certain three unnuAtbered lots in Block 201, OKEECHOBEE, according to th* plat thereof recorded in plat Book 5, Page 5, public records of Okeechobee County, Florida, being more part- icularly described and bounded as follows, On the Worth side by the 15 foot &11"&Y in said Block 201, on the West side by Chokoloskami Street (n/k/a S.w. 9th Avenue), and on the Southerly and Easterly side by Tuscaloosa Street (n/k/a S.w. Oth Avenue). Also being commonly referred to as Lots 6, 7, and 8 in Block 201, OKEECHOBEE, according to the plat thereof recorded in plat Book 5, Page 5, public records of Okeechobee county, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1996. PLID FOR R[CORD 295029 CKEErflopEE CO. F L. 60 97 MAY -I ppf 3. . 49 md V2-lor do- be -by �Mt a- *k M MW W4 Md �W dftA U. lik VAtness W ber"4 CM b10 -t 4sup ad Was CDM MI bad -d "GIZIW "Ve cnirt— IVA CIO:LT Wit 0:64 SARAH H . AMRICK (SW) 9; P.O. AAd— Poo Offkv BOX M, Ok4mbabu, FL 349M To Vi STATE OF FwRiDA COUNTY OF OKEECHOBEE E ras I . T mmVGMt � WkMWWd9.d W� � tbk lat Uy Kay, 1997 by :,u SARAH HAXRrCK, a single woman, R 7M Dammam rVA WA y OMM T IMV.c0"MT,= ammossm N cc saw 0 C0NftIr&0MMLV.r.& MVft aftwor ?k a= ANE MY L m"M'W-m-Pma—jZVA XAE ONELY 217 K V. 3M NOTARY PURUC rL 30M MyCb-,-w-Pq*_ 12/12/00 "Ro 3 9 0 pa 18 6 0 %3% HA W Jimmy L. and Sheryle S. Byrd — Property Owners and Applicants Owner's Statement of Consent to Application We, Jimmy L. and Sheryle S. Byrd, being the record title owners of the West 1/2of Lot 2, and Lots 3 through 8, Block 201, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Heavy Commercial (CHV) to Residential Multiple Family (RMF)- Vgna of Owner Jimmy L. _Byrd Name of Owner (Printed) STATE OF FLORIDA COUNTY OF OKEECHOBEE Signature of Owner Sheryle S. Byrd Name of Owner Sworn to and subscribed before me this 27h day of October 2003 by Jim= L. and Sheale S. Byrd who are personally known to me and who did not take an oath- Vikki Lynn Aaron :t*'N VH&AYNNAARON my COMMISSION # DD MMI -,t 0 , 11 Ir4 1-0 EXPIRES: June 26,2W 0 14DD-3-N OTARY FL Notey Swvics & SondkV. k- Jimmy L. and Sheryle S. Byrd Property Owners and Applicants Statement of Applicants Interest in Property Jimmy L. and Sheryle S. Byrd currently own the West V2 of Lot 2, all of Lots 3 through 8, Block 201, City of Okeechobee according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The subject property is located in the 800 Block of S.W. Park Street and S.W. Second Street. The improvements include a commercial building that faces S.W. Park Street and is located on the W 1/2 of Lot 2 and Lot 3, Block 201, City of Okeechobee. Lots 6, 7, and 8, Block 201, City of Okeechobee are currently vacant and are the subject of this petition. Mr. and Mrs. Byrd are interested in constructing multi family dwelling units on the subject property (Lots 6-8). In accordance with the City Unified Land Development Code a change in zoning will be required to accommodate the proposed use. The requested change in zoning is consistent with the Unified Development Code and the future land use designation. 7 Jimmy L. and Sheryle S. Byrd — Property Owners and Applicants Legal Description Pertaining to Requested Land Use Action Lots 6, 7 and 8, Block 201, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Jimmy L. and Sheryle S. Byrd Property Owners and Applicants Statement of Special Reasons and Basis for Request The property is currently zoned Heavy Commercial (CHV) and lies within the Commercial Corridor future land use classification of the adopted Comprehensive Future Land Use Map. The property is currently vacant and is located between commercial and residential uses. The applicants wish to construct multi -family dwelling units on the subject property- In accordance with the Unified Land Development Code, a change in zoning will be required. Jimmy L. and Sheryle S. Byrd respectfully request that the Land Planning Agency recommend that the City Council approve the request for a change in zoning from the existing classification of Heavy Commercial (CHV) to Residential Multiple Family (RMF). Jimmy L. and Sheryle S. Byrd Property Owners and Applicants Statement of Intended Use The applicants wish to construct multi -family dwelling units on the subject property. The proposed duplexes and or triplexes will be consistent and compatible with the multi family housing to the west of the subject property. In accordance with the Unified Land Development Code, a change in zoning will be required. Jimmy L. and Sheryle S. Byrd Property Owners and Applicants Statement Addressing Existing Use of Surrounding Properties The property under consideration consists of three (3) city lots with primary frontage on the Southwest Second Street. The property is also bounded by S. W. 9,h Avenue to the west. The property is angular in configuration and is currently zoned Heavy Commercial (CHV). The property's north boundary line abuts a 15' alley. Just beyond the alley is the law office of John Cook, Seminole Electric and AutoWorks. To the east of the subject property is vacant commercial property. Further east is Morgan's Furniture Store. To the west is Okeechobee Electric Motor Company and multi -family residential development. Directly south on S.W. Second Street is residential development. There should be no adverse impacts to the subject property, to surrounding property or to the general area by granting the requested change in zoning. Okeechobee County Planning and Development Department 499 N.W. 5th Avenue; Okeechobee, FL 34972 Phone: (863) 763-5548 * FAX: (863) 763-5276 Land Use Power of Attornev Name of Property Owner(s): Jimmy L - and Sheryle S. Byrd Mailing Address: Post Office Box 3171 Okeechobee, FL 34973-3171 Home Telephone: Work Telephone: 863-763-0060 Property Address: 800 Block SW 2nd Street Property I.D. Number: R3-15-37-35-0010-02010-0060 Name of Applicant or Agent to whom POA is granted: Vikki Aaron - agent LHome Telephone: 863-467-4768 Work Telephone: 863-634-1124 1 Ile Undersigned, being the record title owners of the real property described above, do hereby girant unto the Applicant or Agent stated above the full right and power of attorney to make application to the County of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting ofspecial exceptions or variances, appeals of decisions of the Planning and Development Department, or petitions to vacate county right-of-way, It is understood that conditions, limitations and restrictions may be placed upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance, a proceeding to rezone the property to the original classification, or a revocation of a right-of-way vacation. This power of artorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning and Development Department. IN WITNESS W11EREOF THE UNDERSIGNED HAVE S SANDSEALSTIHS 27t7 DAY OF October 20o3 /n 0 - j j- A-"eQ I-- — cs�w-s Owner Witne s The foregging instrurne was acknowledged before me this day of 20 6 by the owner above who is persoilly known to e or wh has produced Vilgi iWication and who did not take an oath. Co,nmission N DD 215855 X/;7� Expir" june 21, 2007 State of Florida Bonded Thru SEAL >61ary PUY4 =- Atlantic Bonding Co., Inc. 1375 Jack -in Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(cDatt. net Staff Report Rezoning Request P!rqparedfor: The City of Okeechobee Applicant: Vikk Aaron Owner: Jimmy and Sherlye Byrd From: Heavy Commercial (CHT) and Industrial (M) to Residenfial Multiple Family O?W) Pefifion No. 03-009-R 7�t Staff Report Rezoning Request I General Information Applicant: Jimmy & Sheryle Byrd Petition No. 03-009-R Owner: Vikki Aaron Owner Address: 2581 NW 63r' Ter. Okeechobee, FL 34972 Owner Phone Number 863-467-4768 Applicant: Jimmy & Sheryle Byrd Applicant Address: P.O. Box 3170 Okeechobee, FL 34973-3171 Applicant Phone Number: 863-763-0060 Property Control Number Existing Proposed R3-15-3738-0010-02010-0060 Future Land Use Designation Multi -Family Residential Multi -Family Residential Zoning District Heavy Commercial (CHV) and Industrial (IND) Residential Multiple Family (RMF) Access S.W. Second Street S.W. Second Street Location: 800 Block, SW Second Street Legal Description: Lots 6, 7, and 8 Block 201, City of Okeechobee, according to the plat thereof as recorded in Pat Book 5, Page 5, Public Records of Okeechobee County, Florida. The applicants request that the zoning for the subject property be changed from Heavy Commercial (CHV) and Industrial (IND) to Residential Multi -Family Residential (RMF). Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification Zoning District: Existing Land Use: East: Future Land Use Map Classification Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: Commercial & Industrial Heavy Commercial (CHV & Industrial (IND) Commercial Single -Family Residential Industrial (IND) Commercial Single -Family Residential Residential Single Family One (RSFI) & Industrial (IND) Residential {PAGE I Staff Report Rezoning Request Applicant: Jimmy & Sheryle Byrd Petition No. 03-009-R West: Future Land Use Map Classification: Multi -Family Residential Zoning District: Residential Multi -Family Existing Land Use: Multi -Family 1. The proposed use and zoning are not contrary to Comprehensive Plan requirements. Residential Multi -Family use and Residential Multi -Family Zoning is consistent with the Comprehensive Plan Policies and the Future Land Use Map designation for this property. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. Multi -family development is authorized under the Residential Multi -Family Zoning District. 3. The proposed use will not have an adverse effect on the public interest. Apartments or other types of multi -family dwellings will not have an adverse effect on the public interest. 4. The use and zoning are appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Multi -family use and zoning are appropriate for this location. 5. The proposed use and zoning will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use and zoning will not be a deterrent to the improvement or development of adjacent properties. 6. The proposed use can be suitably bufferedftom surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (PAGE I Staff Report Rezoning Request Applicant: Jimmy & Sheryle Byrd Petition No. 03-009-R 7. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Concurrency impacts will be minimal for this type of zoning. The surrounding area or neighborhood includes commercial uses and some residential dwellings. The downtown area is within walking distance of this property. The proposed zoning is compatible with this neighborhood. Staff recommends approval of the request to allow rezoning from Heavy Commercial to Residential Multiple Family permitting the applicant to build multi -family dwellings. Submitted by: James G. LaRue, AICP Planning Consultant November 17, 2003 (PAGE ) 23933463F� LARUE PLANHING & MGT 005 P06 HOV 07 103 1E:28 It. I TUR, 7 1 A MUCK) INC, IN IND ;E!y 1100' 1 IND 11.11. T-7-7 w 1 I jo�� t7_� PUB 4 WP— I .. ..... ... W. STRW Zvi TH ITNUT CPO 7 Z 11:!' PUB Noma IF STAVET (it'l IF i W L Vow OTI �rr F L 4m� 7 7 Sw (ii Orp 77 A 'U, L a 9 =lp! I I 911V 11 TE-L R" -7 i 7 1 "i i e J2 5 , Ec,', ti W 7 a L917 o vi DE co M IINTA 'ARK )AK LAKE ESTATE! =OAK LA BOUNDARY SURVEY PREPARED FOR JIM & SHERYL BYRE (NO BLOCK 198 � I =1 - I'l—n-CAC47 - —S 9_0-w;;� E773oo —00.(P) - FC) (No 300.38- C) S.W. PLRK STRUT ROAD) ;GFR S !-a 3 ��RU T � o" S 9OWOO' E FOUNO 5/8* RON 02 (C) .7 CA�tl FWN 5/a' RM ROO CAP T 5/11 ! " N. . C FWNO NAIL ROO CAP Sx fts 5 NO - . r 0 7 -. '.I� 5:711- IL5' EAST WT 5 LOT 4 LoT s LOT 2 LOT I C FOU Roo A C� P 71 FW 0 A S T_ 'L CI) 7`_ 711- r LOT 4 LCT LOT 2 LOT LOT I 0 0 N CAP 011 -.-n SR E15./L 4, Ou.,un It I_ o, -�R (P) 100.02 W(C) =W(P)(M) 3&dr(C) & If BOV0,00 w me XLEY (WM) V N 90'00'00" 22 .30' C 0 F. /8* DISTANCE _j RIX) & CR �T /II" otc,i AN.W 1(0 SET 3/8' IRON ROO . CAP L8 IT'.. TwPS Ls 'ns, 7.1 ROD LOT 11 LOT n LOT 6 LOT 7 TOTAL PARCEL IONT S Q t%3 A. 3 MTI AC .T �/S' is, CAP F""."' 'DE.- TL� 0, NORTH Wol 'd 0 DEL GRAPHIC SCALE 50 0 25 50 IN FEET I inch = 60 ft. DESCRIPTION: LOTS 6. 7. 8. 13LOCK 201, OKEECHOBEE, AS RECORDED THEREOF IN PLAT BOOK 5, PROJECT SPECIFIC NOTES: PAGE 5, PUBLIC RECORDS OF OKEECH013EE COUNTY, 1) UNLESS SHOWN OTHERWISE. ALL FLORIDA. DIMENSIONS ARE PLAT(P) AND MEASURED(M). ADDRESS: 812 S.W. PARK STREET 2) DATE OF LAST FIELD SURVEY. 03/13/03. F.I.R.M. ZONE: ZONE UNDETERMINED, PARCEL LIES WITHIN OKEECHOBEE CITY LIMITS. PROJECT SPECIFIC LEGEND: PARCEL ID: 3-15-37-35-0010-02010-0060 WPP= WOOD POWER POLE Or Ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No respon specifically th su lic:ibility or liability is assumed by the surveyor for use by others not d - j yr_� s; In IT amed. Not wild without 0 signature and embossed seal of Florldom n sed surveyor' and mapper #4820. There are no vislb Is above ground encroach ent$ except as shown. No attempt was made to locate underground Provements and/or encroachments (if any) a's part of this survey. This (C survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyor* and Mappers (Chapter 61G17-6, F.A.C.) to Section 472.027. 2 Uildc SIG tutes. 3 FOR THE EXCLUSIVE DESCRIPTION JIM 13YRD tfUUNDARY SURVEY TE By CK SHERYL BYRD 1 0-3/18/03 WC JAW UL�L,KWIION RLFERENCE: PROVIDED By CLIENT OR CLIENT'S REPRESSENTATIVE BEARING REFERENCE: WEST R/W OF S.W. 9TH AVENUE, TAKEN TO BEAR N 00-00-34- IN TRAD*EWINDS PROFESSIONAL SERVICES, INC. SURVEYORS AND MAPPERS 113 NW 11th Avenue Okeechobee, FL 34972 Tel: (863) 763-2887 ±!�� ,, AfR Kenneth A. Breaux, Jr. (PSM 4820 horimtl� No. LH B71 1 SCALE: I' - 50' 17191 JOB NO: 17191-13 LEGEND 0 — Set Iran Rod and Cap TWPS 6719 E—Found CM 11111—Found Iron Rod (and Cap) *—Found Nail (and Di�k) ABBREVIATIONS 'i-CortorlIrIf; C-Cd..I.W; CATV-CbI. TV, 04. C"s Mmum t�. t?-Oofid; A-Uto or Cw1rol A,gl,; E-E,,t: E'LY-E,,t,d E;;t'E'ZC��fCPm��.�'.n,(.E,-T;E F61.R. .... nco Ff% � �F_� tp�jrw PIPII� IR L_ URc-'%".Zed; M11-monhol.: N-N 117d (..'ol (A,,) L-git,; Vwticd (Dat,m) of 1929; NTS� �;th; N'LY-N.thII0y NGV(D).9otion.1 G.od.fl. Not to S1,; CHW-O-,h..d WrIIog t-Propy Liric P-Mat�nPC.Pon' of Curmt,,e; PCC,-,.P.1�.h,1. CC.=,".P(�= P 4 C ", P.ifI, of I. .1 rvot.r.; PRM-P-.--I'R.I PT-P.Irt RC P—P."t of SPIlco ; R/W-Right-f-woy. -LHIty(1o*):,_iA_SpQj elemuo, b ... d - J.dl..t.d D.tu-* LY-Wesiorfx LITIL T.I"hor. S'AdI 11"; w-wo'k: S SoUth; SLY-S-th.r. T-T-g-j; TEL of Tonqmc)c P"O'Public LANIUY ood Oraln,gC R-Ro "'um-t; I 7 EXHIBIT 4— JANUARY6 AGENDA ORDINANCE NO. 850 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING ORDINANCE NO. 824, CODE OF ORDINANCES, CHAPTER 30 THEREOF; TO PROVIDE FOR A DEFINITION OF "JUNK;" FOR THE REGULATION OF JUNK WITHIN THE CITY; TO PROVIDE FOR PROHIBITIONS OF ITEMS DEFINED AS JUNK IN CERTAIN ZONING OR LAND USE DISTRICTS WITHIN THE CITY; TO PROVIDE FOR ABATEMENT OF PUBLIC NUISANCES; TO AMEND NOISE REDUCTION REQUIREMENTS, TO PROVIDE FOR ENFORCEMENT; TO PROVIDE FOR REGULATIONS FOR EXISTING NONCONFORMING USES; TO PROVIDE FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has a legitimate interest in the restriction of junk yards and the placement of items defined as "junk" in City Codes at places within the City, whether on public or private property, to encourage the aesthetic beauty of the City; prevent public nuisances; prevent accumulation of trash and litter; and other concerns for the public safety and welfare of its citizens; and WHEREAS, Article III of said Code which sets forth noise reduction and abatement requirements does not provide for exceptions for certain events that the City deems to be desirable from time to time in the City, and which events provide a benefit to the citizens of Okeechobee as a whole; and WHEREAS, during the recent re -writing of City Codes, Ordinances and Land Development Regulations, the provisions of previous Code Sections in Chapter Eight of the Code of Ordinances, certain sections of the Chapter were deleted or inadvertently not included in current Codes found in Chapter 30 of the Land Development Regulations, which Sections concerned junk property and nonconforming uses presently existing in the City; and WHEREAS, for these legitimate interests of the City herein stated, the City Council for the City of Okeechobee, Florida has determined that City Codes need to address the definition of, and the placement of junk items, provide for any current nonconforming use, and provide adequate enforcement of such Codes; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Junk. The definition of "junk" as set forth in Section 30-31 is amended to read: Junk means items that include but is not limited to, scrap metal, used tires, and those items such as dismantled or partially dismantled non -operative or discarded machinery, appliances, household items; equipment, motor vehicles, motorcycles, tractors, motors, farm implements, trailers, frames or parts thereof, and used boats and vessels. The intent of the city is to totally ban such items from public view as provided in this article. Accordingly, for purpose of this definition, it is immaterial whether the junk items are claimed to have inherent value; whether such junk is evidenced by a title or certificate or origin; whether it is accumulated for salvage, resale or rehabilitation; or whether the items could eventually be made to be operative. This article shall not prevent authorized garage or yard sales, or displays at permitted non- profit events, or festivals. Page 1 of 4 11. Existing Code Sections. The existing provisions of Chapter 30-40, subparagraphs (a) and (b) thereof, remain unchanged by this Ordinance and remain in full force and effect. 111. Amendment to Code Sections. Chapter 30-40 of the Land Development Regulations are amended by adding the following subparagraphs therein: Section 30-40. Junk. (c) No owner or tenant, or authorized agent thereof, or custodian of any real property, commercial or industrial establishment, or private property owner within the City of Okeechobee, at any time place, dump, deposit, or otherwise permit or allow such placement, of abandoned property, junk, trash, rubbish, litter as defined by F.S. 403.413, or as by this ordinance, any garbage, stagnant water, waste, refuse, hazardous materials or other junk items on or at any location within the City of Okeechobee, regardless of zoning or land use designations; nor additionally cause or allow such items to be placed or located on any place or portion of the property if such would create a public nuisance, or hazard to the safety or welfare of the citizens or visitors to the City of Okeechobee. This prohibition shall not include garbage, refuse or yard trash properly set out for routine solid waste pickup by the authorized solid waste provider in the City. (d) Excepted from this general prohibition in subparagraph (c) is any established area within the City of Okeechobee that would be defined as a junkyard by local ordinance, or by State Statute 339.241, or Federal Code 23 U.S.C. 136, and that lawfully pre-existed the prohibition of such junkyards by City ordinance on August 8, 1978, and would be considered a nonconforming use under current Land Development Regulations. For any such existing nonconforming uses within the City of Okeechobee, the following standards are imposed for the protection of the City, its citizens and visitors: 1. It is the express policy of the City that junkyards and the placement of junk items, by its nature, constitute an eyesore, and cause environmental hazards that are not acceptable within the City of Okeechobee. Accordingly, and for such non -conforming use, items of junk shall not be placed in open view of the public for display, advertising, sale, or hawking purposes, Any item defined as junk by this Ordinance, or state or Federal laws, shall be located in an area of the real property no less than a fifty (50) foot set back from the front property line; twenty (20) foot setback from side property lines; and twenty (20) foot set back from rear property lines. The junk shall not be viewable from public rights of way, and shall be obscured from ordinary view of those persons passing upon the highways and municipal rights of way in the City of Okeechobee. If not otherwise obscured by foliage or shrubbery that complies with applicable City Codes, the junk shall be obscured by the erection of an opaque fence, with a minimum height of eight (8) feet. Any fence so placed shall not be permitted to encroach into the front property line set backs for the zoning district regardless of other Codes to the contrary. The fencing material shall be either constructed of wood, or by hurricane fencing, with plastic slats woven through the fence fabric to make it obscure. Any fence so constructed shall comply with all other applicable City permitting process and Codes. Page 2 of 4 2. In the event the real property on which the junk is located is greater than one hundred (100) feet in width from side property line to side property line, there shall be placed a thirty (30) foot unobstructed vehicle access lane from the front property line to the rear property line for ingress and egress for fire and emergency services, and a similar thirty (30) foot lane placed for every additional one hundred (100) feet of the width of the real property. 3. Any location meeting the definition of a junkyard under this ordinance or Florida Statutes 339.241, "Florida Junkyard Control Law", and as hereafter amended, shall be open at all regular business hours for inspection by environmental or Law Enforcement Officers, City Code Compliance Officers, and Litter Enforcement Officer, to determine compliance with this ordinance and state laws. 4. Compliance by a property owner, tenant or agent with these Code provisions shall not preclude an action for relief and enforcement by the City under applicable state statutes to enjoin a pubic nuisance, if in the opinion of the City the property and its contents do in fact constitute a public nuisance under state laws or these Ordinances. IV. NOISE. That Section 30-86 of the Code of Ordinances is amended to read: Section 30-86. Exemption for certain activities. Any event that would generate or produce noise in levels that would constitute a violation of this article and which is made between the hours of 6:00 a.m. and 10:00 p.m. shall be exempt from this article, if: a. The event is temporary in nature. b. The event is a properly permitted festival, parade, carnival, orfund raising activity sponsored by a non-profit, religious, or veteran's association. C. The event constitutes construction activity, if the landowner, tenant or authorized agent possesses a valid construction or building permit issued by the City. SEVERABILITY. In the event any portion of this ordinance as amended, should be deemed to be unenforceable by a court of competentjurisdiction, the remaindershall remain in full force and effect. EFFECTIVE DATE. This ordinance shall become effective immediately upon it adoption. INTRODUCED for first reading and public hearing on the 6" day of Janya , 2004. ATTEST: Page 3 of 4 James E. Kirk, Mayor ADOPTED after second reading and second public hearing on the 20" day of janua 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 4 of 4 James E. Kirk, Mayor EXHIBIT 4 - JANUARY 6 AGENDA EXHIBIT 4 WILL BE PROVIDED BY ATTORNEY COOK EXHIBIT 5 - JANUARY 6 AGENDA EXHIBIT 5 WILL BE PROVIDED BY ATTORNEY COOK ExHIBIT 6 — JANUARY6 AGENDA RESOLUTION NO. 04-1 A RESOLUTION AMENDING RESOLUTION 90-2 ESTABLISHING CIVIL PENALTIES FOR TRAFFIC VIOLATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the scheduled adopted by the City for imposition of miscellaneous traffic offenses has not been updated in several years and has not been referenced to new City Codes; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Okeechobee, Florida presented at a duly advertised public meeting; and passed by majority vote of the City Council and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION ONE: Pursuant to Section 54.194 of the Code of Ordinances of the City of Okeechobee thefollowing scheduleof civil penaltiesfor parking violations occurring within the City of Okeechobee shall be: VIOLATION AMOUNT OF CIVIL PENALTY Sec. 54-4 Mooring Boats to bridge $25.00 Sec. 54-5 Motor boats causing harmful wake 25.00 Sec. 54-6 Parking in "NO PARKING" area 25.00 Sec. 54-7 Vehicle defect or condition of load 25.00 Sec. 54-8 Rules of the Road Bike/Mopeds 25.00 Sec, 54-10 Rules of the Road Skateboards and Roller Skates 25.00 Sec. 54-41 Blocking or Obstructing 25.00 Sec. 54-42 Trains blocking crossings 25.00 Sec. 54-43(c) Parking in Fire Lane 25.00 Sec. 54-44 Unattended motor vehicles 25.00 Sec. 54-45 Stopping, standing or parking in alleyways 25.00 Sec. 54-46 Standing or parking on passenger curb loading zone 25.00 Sec. 54-47 Standing in freight curb loading zone 25.00 Sec. 54-48 Restricted parking zone 25.00 Sec. 54-49 Stopping, standing or parking of buses and taxicabs regulated 25.00 Sec. 54-50 Restricted use of bus and taxicab stands 25.00 Sec. 54-51 Parking in residential neighborhoods 25.00 Sec. 54-81 Recreational vehicles -use as a residence prohibited 25.00 Sec. 54-82 Recreational vehicles -Parking on street restricted 25.00 Sec. 54-84 Parking of Recreational Vehicles 25.00 Sec. 54-85 Trailers; parking prohibited unless specifically permitted 25.00 Sec. 54-122 Operation Regulated 25.00 See. 54-162 Removal of Vehicles Cost of removal and storage SECTION TWO: This resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED this 61h day of January, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: James E. Kirk, Mayor John R. Cook, City Attorney RESOLUTION -NO- 90-2 A RESOTUTION AMENDING RESOIsUTION 88-14 ESTABLISHING A SCHEDULE OF CIVIL PENA16TIES FOR TRAFFIC VIOLATIONS; PROVIDING FOR An EFFECTTVE DATE - BE IT RESOI.VED by the City Council of the City of Okeechobee, Florida, as follows: SECTION ONE: Pursuant to Section 17.83 of the Code of Ordinances of the City of Okeechobee the following schedule of civi.1 penalties for parking violations occurring with -in the City of Okeechobee shall be: V7101r.ATTON AMOUNT OF CIVX31. PXNALrjTY 5-* - 'A Sec. 17.6 Mooring boats to bridge $ 10.00 f-4 S- Sec. 17.7 Motor boats causing harmful wake 10.00 4C Sec. see 17.8 3�7W9 Parking in "NO PARKING" area 10.00 -7 Sec- 17.10 Giseha:L-ging engine e"hett2812 Vehicle defect or condition 4 8. e-e- of load 10.00 Sec. 17,11 Rules of the Road Bikes/Mopeds 10.00 Sec. 17.12 Rules of the Road Skateboards and Rollerskates 10.00 Sec- 17.20 Blocking or obstructing 10.00 Sec. 17.21 Trains blocking crossings 10.00 5y -0 Sec. 17.22 Stopping, standing or parking In specified places 10.00 Sec. 17.22(c) Parking in fire lane 5.00 5-1--+4 Sec. 17.23 Unattended motor vehicles 10.00 Xy-�r Sec. 17.24 Stopping, standing or parking in alleys 10.00 Sec. 17.25 Standing or parking on passenger curb loadIng zone 10.00 jl-t? Sec. 17.26 Standing in freight curb loading zone 10.00 Sec� 17e27 Restricted parking zone 10.00 Sec. 17.28 Stopping, standing or parking of busas and taxicabs regulated 10.00 Sec - 17.29 Restricted use of bus and taxicab stands 10.00 Sime. 17.30 petric Fark±ng pravis±orrs !E�r hand±capped, gq±HT perralty sign Sec. 17.31 Parking in residential (1) (3a;b) neighborhoods 10.00 Sec. 17.40 Use as a residence prohibited 10.00 Sec. 17.41 Parking on street�; restrictedf;q-te-4-,,�.-,,�� 10.00 Sec. 17.42 Registration 10.00 .r9--?4 Sec. 17.43 Parking of recreational vehicles in -residential �!-Istrict 10.00 Sec. 17.44 Trailers; parking prohibited unless specifically permitted 10.00 5 wrallars; emacgency or temporary Sec. 17. 51 stoppi"g on public Ways Operation regulated I 10-00 Sec- 17.6$17-cl RemoVal of vehicles Cost of removal & storage SECTION TWO: This vesolution shall take effect immediately upon its adoption. ADOPTED this 16th day of January 1990 MAYOR OAICEJMD R. CEMPMAN ATTEST: BOKNXH THOMAS, CITY CLERK RESOLUTION NO 88-14 A RESOLUTION ESTABLISHING A SCHEDULE OF CIVIL PENALTIES FOR PARKING VIOLATIONS; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Okeechobee, Florida, as followst SECTION ONE: Pursuant to Section 17.83 of the Code of Ordinances of the City of Okeechobee the following schedule of civil penalties for parking violations occurring within the city of Okeechobee shall be: Sec. 17.6 VIOLATIOIJ AMOUNT OF CIVIL Mooring boats to bridge PENALTY $10.00 Sec. 17.7 Motor boats causing harmful wake 10.00 Sec. 17.8 Parking in "NO PARKING" 10.00 are Sec. 17.9 Discharging engine exhaust 10.00 Sec. 17.10 Vehicle defect or condition of load 10.00 Sec. 17.20 Blocking or obstructing 10.00 Sec. 17.21 Trains blocking crossings 10.00 Sec. 17.22 Stopping, standing or parking in specified places 10.00 Sec. 17.22(c) Parking in fire lane 5.00 Sec. 17.23 Unattended motor vehicles 10.00 Sec. 17.24 Stopping, standing or parking in alleys 10.00 Sec. 17.25 Standing or parking on passenger curb loading zone 10.00 Sec. 17.26 Standing in freight curb loading 10.00 zone Sec. 17.27 Restricted parking zone 10.00 Sec. 17.28 Stopping, standing or parking of buses and taxicabs regulated 10.00 Sec. 17.29 Restricted use of bus and taxicab stands 10.00 Sec. 17.30 Parking provisions for handicapped without penalty sign 25.00 Parking provisions for handicapped with penalty sign 100.00 Sec. 17.31 Parking in residential (1) (3a;b) neighborhoods 10.00 Sec. 17.40 Use as a residence prohibited 10.00 Sec. 17.41 Parking on streets restricted 10.00 Sec. 17.42 Registration 10.00 Sec. 17.43 Parking of recreational vehicles in residential district 10.00 Sec. 17.44 Trailers; parking prohibited specifically permitted 10.00 Sec. 17.45 Trailers; emergency or temporary stopping on public ways 10.00 sec. 17.51 Operation regulated 10.00 Sec. 17.61 Removal of vehicles Cost of removal and storage SECTION TWO: This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Okeechobee, Florida, in regular session, this 4th day of October, 1988. ak�land R�.Chapman, ayor ATTEST: Bonnie S.'-Thomas, CNC City Clerk Jeb Bush Governor Mr. Donnie Robertson City of Okeechobee Public Works 55 SE 3d Avenue Okeechobee, FL 34974 Dear Mr. Robertson: EXHIBIT 7 JANUARY6 AGENDA Department of Environmental Protection Twin Towers Office Building 2600 Blair Stone Road David B. Struhs Tallahassee, Florida 32399-2400 Secretary November 10, 2003 Enclosed are two copies of the final contract for the City of Okeechobee 4'h Street Ramp Storrnwater Retrofit, DEP Agreement No. SO 130. Please review the contracts and have the appropriate person sign and complete the pages marked. Upon signing, please return one original executed contract to me at the following address: FDEP 400 North Congress Avenue Suite 200 West Palm Beach, FL 33401 If you have any questions or need additional information, please give me a call at (561) 68 1 - 6706 or at kimberly.shugar@dep.state.fl.us. We look forward to working with you on this project. Enclosure Sincerely, mm"W"MAZ Kim Shugar Project Manager Division of Water. Resource Management 'More Protection -Less Process- DEP AGREEMENT NO. S0130 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1625 OF THE 2003-2004 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the CITY OF OKEECHOBEE, whose address is Public Works, 55 SE Yd Avenue, Okeechobee, Florida 34974 (hereinafter referred to as "Grantee" or "Recipient"), a local goverm-nent, to provide funding for the 4d' Street Boat Ramp Stormwater Retrofit Project. follows: In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as The Grantee does hereby agree to perform in accordance with the terins and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor", are used interchangeably. 2. This Agreement shall begin upon execution by both parties and shall remain in effect for a period of six months, inclusive. The Grantee shall not be eligible for reimbursement for work performed prior to the execution date of this Agreement. This Agreement may be amended to provide for additional services if additional ftinding is made available by the Legislature. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $69,902. The parties hereto understand and agree that this Agreement does not require a cost sharing or match on the part of the Grantee. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Payment Request Summary Form (provided as Attachment B). In. addition to the summary form, the Grantee must provide from its accounting system a listing of expenditures charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. Requests for reimbursement of travel expenses are not authorized under the terms of this Agreement. C. In addition to the invoicing requirements contained in paragraph 3.B. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post - audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at www.dbfstate.fl.us/aadir/reference guide. 4. The State of Florida's perforinance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. The Grantee shall submit quarterly invoices in conjunction with quarterly progress reports describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that DEP Agreement No. S0130, Page I of 4 'the term "quarterly" shall reflect the calendar quarters ending March 3 1, June 30, September 3 0 and December 3 1. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongfid acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 8. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 1 19.07(l), Florida Statutes. 9. The Grantee shall maintain books, records and documents directly pertinent to perfonnance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 10. In addition to the provisions contained in paragraph 9 above, the Grantee shall comply with the applicable provisions contained in Attachment C, Special Audit Requirements. A revised copy of Attachment C, Exhibit-1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment C, Special Audit Requirements. If the Grantee fails to receive a revised copy of Attachment C, Exhibit-1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. 11. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for , the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environtnental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. 12. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 13. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee ffirther agrees to include this provision in all subcontracts issued as a result of this Agreement. DEP Agreement No. S0130, Page 2 of 4 14. The Department's Grant Manager for this Agreement is identified below. Kim Shugar Florida Department of Environmental Protection Southeast District Office 400 N. Congress Avenue, Suite 200 West Palm Beach, Florida 33401 Phone: (561) 681-6706 Fax: (850) 412-0679 Email: kimberly.shugar(c-b-dgp.state.fl.us 15. The Grantee's Grant Manager for this Agreement is identified below. Donnie Robertson City of Okeechobee Public Works 55 SE Yd Avenue Okeechobee, Florida 34974 Phone: (863) 763-3372, Ext. 213 Fax: (863) 763-1686 Email: donnier19436�earthlink.net 16. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 18. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 19. The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms of this Agreement. 20. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. 21. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be derded the proceeds or benefits of-, or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. DEP Agreement No. S0130, Page 3 of 4 The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487- 0915. 22. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the par -ties hereto, and attached to the original of this Agreement, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF OKEECHOBEE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: (�11AW R/7100& *Title: Se4itary or 44s)gnee Date: Date: /o/Z//()-3 Kimberly Shugar, BEP GranYManager (?iitk 4ejm�z�n DEP Cohtracts Adminih&tor Approved as to form and legality: MA4 S't -�' I V—� DEP kttorney FEID No.: 59-6000393 *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Project Work Plan (2 Pages) Attachment B Payment Request SummaEy Form (I Page) Attachment C Special Audit Requirements (5 Pages) DEP Agreement No. S0130, Page 4 of 4 ATTACHMENT A PROJECT WORK PLAN City of Okeechobee 4 1h Street Ramp Stormwater Retrofit Introduction The City of Okeechobee 4th Street Ramp Stormwater Retrofit involves the installation of a baffle box at the stormwater pipe on 4h Street at Taylor Creek and regarding of the swale system on 4h Street. The purpose of the project is to improve water quality of waters within the urban areas of the City of Okeechobee. Much of the city was built prior to the existence of State stormwater regulations, and as a result much of the area has inadequate systems to treat stormwater. The Lake Okeechobee Protection Act (Section 373.4595) adopted in 2000 requires all activities in the watershed to reduce phosphorus entering the waters of the Lake Okeechobee watershed to restore the health of Lake Okeechobee. This project is being implemented under the Lake Okeechobee Protection Act to improve the water quality that enters Taylor Creek and is delivered to Lake Okeechobee. Specifically it will reduce nutrients, sediments and trash. Description The project is located in Okeechobee County, City of Okeechobee on 4h Street east of Route 441. The project is located in the S-133 basin of the Okeechobee watershed and specifically affects Taylor Creek. The following is an estimate of requirements for the installation of a water quality treatment baffle box at the 4th Street boat ramp stormwater pipe in Okeechobee. Costs have been estimated for installation of the baffle box and grading of the 4th Street median swales between Rt 441 and Taylor Creek. The project falls on land owned by the City of Okeechobee. In addition, the City of Okeechobee is preparing to repair and upgrade the current boat ramp. The City of Okeechobee 4th Street Boat Ramp Stormwater Retrofit will include: Final Engineering and Surveying An 8'xl2'baffle box will accommodate flows from the 48" pipe. It can pass flows up to 75 cfs and still obtain a 90% TSS removal. The height of the box is a ftmction of ground clearance; hence survey information will be needed. This is an online box. Installation is easier and cheaper, it will treat all flow not just small storms, and there is no need for a diversion weir to be placed in the pipe that may impact upstream flows. Also, survey information will be generated to regrade the swales along 4th Street. 2. Obtain Baffle Box and Mateiials 3. Construction — Installation of Baffle Box 1) Locate box footprint, use sheet pile for groundwater control if necessary 2) Excavate around pipe 3) Manage Taylor Creek water — install a pipe plug, dewater pipe 4) Break open pipe 5) Remove pipe segment where box will be installed 6) Set gravel bedding layer (4-6 inches) 6) Install box, aligning box and pipe invert elevations, and box top with ground surface 7) Connect with adaptors 8) Backfill with cover, seed and mulcb. 4. Construction — Raise Inlets and Regrade The current inlets will be modified to be raised inlets, so that water will be detained in the swales prior to entering the stormwater pipe. The swales need to be regarded, so that water will be detained. DEP Agreement No. S0130, Attachment A, Page 1 of 2 5. Maintenance of the Baffle Box System The City of Okeechobee will be responsible for the maintenance of the baffle box and swales. The unit must be cleaned to remove sediment and trash to prevent constriction to the flow way. Additionally, the swales must be maintained for proper water flow. Estimated Bud2et: Item FDEP Funds Design of Baffle Box Final Engineering and Surveying $2,000 Construction — Installation of Baffle Box $63,370 Construction — Raise Inlets and Regrade Swales $4,532 Maintenance of the Baffle Box System I I TOTAL $69,9 The Estimated Budget is based on the cost breakdown below: Item Quantity Unit Unit Cost Final Engineering and Surveying 1 $2,000.00 Baffle Box (installed) I EA $45,000.00 Coarse Aggregate (#57) 5 CY $3.00 Swales Regraded 133 CY $4.00 Raised Inlets 4 EA $1,000.00 Mobilization I LS $5,000.00 Seed and Mulch 1,800 SY $2.50 Sheet pile, dewatering and other modifications to site Total Deliverable Schedule: Total Cost $2,000.00 $45,000.00 $15.00 $532.00 $4,000.00 $5,000.00 $4,500.00 $8,855.00 $69,902.00 Task Completion Date Design of Baffle Box Completed prior to execution Final Engineering and Surveying 2 months after execution Construction — Installation of Baffle Box February 30, 2003 Construction — Raise Inlets and Regrade Swales Februa� 30, 2003 Maintenance of the Baffle Box System Continuous after construction REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0130, Attachment A, Page 2 of 2 GRANTEE: DEP AGREEMENT NO.: DATE OF REQUEST: AMOUNT REQUESTED:$ ATTACHMENT B PAYMENT REQUEST SUMMARY FORM GRANTEE'S GRANT MANAGER: PAYMENT REQUEST NO.: PERFORMANCE PERIOD: PERCENT MATCHING REQUIRED: GRANT EXPENDITURES SUMMARY SECTION Mfferflvi-. T)ntp nf(Irnnt flirnijob 'Pnf1-nf-('—nf Par;�Al CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENTS MATCHING FUNDS TOTAL CUMULATIVE MATCHING FUNDS Salaries $ $ $ Fringe Benefits $ $ $ Travel (if authorized) $ $ $ Subcontracting: Planning $ $ $ Design $ S $ Construction $ $ Construction Related Costs $ $ Equipment Purchases $ $ $ Supplies/Other Expenses $ $ Land $ $ Overhead $ $ $ TOTAL REQUESTED $ $ $ TOTAL GRANTAGREEMENT Less Total Cumulative Payments of - TOTAL REMAINING IN GRANT GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Print Name Telephone Number Grantee's Fiscal Agent Print Name Telephone Number DEP Agreement No. S0130, Attachment B, Page 1 of 1 ATTACHMENT C SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", 7DEP" or "Grantor", or other name in the contractlagreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contractlagreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART 1: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A- 13 3, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal fimds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid ftom non -Federal resources (i.e., the cost of such an audit must be paid ftom recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the intemet at bttp:Haspe.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. SO 130, Attachment C, Page 1 of 5 PART 11: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part H, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hLtp:Hsun6.dms.state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at hLtp://www.eog.state.fl.us for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website ht!p://www.leg.state.fl.us/, Governor's Website httv://www.flgov.com/ Department of Financial Services' Website hiq2://www.dbfstate.fl.us/ and the Auditor General's Website 6://www.state.fl.us/audgen. PART IIII: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrangefor audits of Statefinancial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrangefor funding thefull cost ofsuch additional audits) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section.320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directl to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. S0130, Attachment C, Page 2 of 5 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as. revised (the number of copies required by Sections.320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A- 133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A- 133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directl to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directl to the Department of Environrnental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A- 133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. S0130, Attachment C, Page 3 of 5 PART V: RECORD RIETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0130, Attachment C, Page 4 of 5 r-� 0 ca 0 cl C3 a u bc lu 0 r 0 mu wo 1. 42 le cl 'n, z cl r. 0 0 tc C> 0 0 Cd �: U) 0 0 al 60 cd (ON En 7�4 C14 Fj C-4 W) 0 0 Cd 0 —Cd , z ci 0 cn C/3 "a ul.. 0 > u 410. 0 V U .E 0 s�j Cd :3 "a CL .3 4; > 0 u M, kn cm It u en z I Ctt__',V i tit I 1, rorn: "Shugar, Kimberly" <Kimberly. Shugar@dep.state.fl. LIS> , I , 0: "Donnie Robertson (E-mail)" b/^ CD Subiect: 4th St. Boat Ramp Stormwater Project agreement Date: Oct 20,2003 8:51 AM T"'Tir i r- , T am in the process of finalizing the agreement. T j�ist wanted to foll, on a qu-stion you have. FDEP is paying for the pro!(�ct. However, the -ow-up is setup such that the city pays for the baffl.e box, etc., and then FI)FTI i-im�)iirses the city. Ts the city able to pay iip front arid then we i TTI 1) 1 1 1 2 in AW Kim Clhi)qar Environmental Consultant 561-681-6706 (-I;C 226-6706) R50- r7ell ki,,Tih�,rly.shugar@dep.state.fl.us FPEP 400 N. Congress Avenue FI-or West Palm Beach, FL 33416-5425 C_- CJ o "_- !/11 _t_: I --- 1 —4/1.— A—AZ'14 V.977 A IZC'2,1 -2 1 A /,In/,) nol ExHIBIT 8 — JANUARY6 AGENDA CRAIG A. SMITH & ASSOCIATES PROPOSED SCOPE OF SERVICES AND PROPOSED FEE FOR PROFESSIONAL SURVEYING SERVICES CITY OF OKEECHOBEE COMMERCE CENTER DATED: December 19,2003 CRAIG A. SMITH & ASSOCIATES Englneers-Surveyors- Utility Locators -Grant Specialists 242 Royal Palm Beach Blvd. Royal Palm Beach, FL 33411 (56 ' 1).791-9280 FAX (561) 791-9818 EMAIL: CASRPB@CRAIGASMITH.COM - 1 1. -1 -1 - - - --- _ _, CRAIG A. SMITH & ASSOCIATES CITY OF OKEECHOBEE COMMERCE CENTER CAS PROPOSAL NO. 03-0166-P1068 PROPOSED SCOPE OF SERVICES December 19, 2003 PAGE 2 -- CRAIG A. SMITH & ASSOCIATES PROPOSED SCOPE OF SERVICES AND PROPOSED FEE FOR PROFESSIONAL SURVEYING SERVICES PROJECT NAME: CITY OF OKEECHOBEE COMMERCE CENTER PROPOSAL NUMBER: 03-0165-P1058 PROJECT DESCRIPTION: FIELD AND OFFICE SURVEYING SERVICES NECESSARY TO PROVIDE CONSTRUCTION SERVICES AS OUTLINED HEREIN. CLIENT: CITY OF OKEECHOBEE Name: Bill Veach, City Administrator Address: 55 SE Third Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 Fax: (863) 763-1686 GENERAL: Craig A. Smith and Associates (CAS) proposes to accomplish the professional surveying services for the above project as outlined in this proposal. When the parties have agreed upon the details of the services to be provided and the fees to be paid for the services, this will become a formal written agreement when signed by both parties. CAS proposes to accomplish the services as follows: SAPR0P0SALS\2003\p1058-cfty of okeechobeeNCommercent Center-PRODOC CRAIG A. SMITH & ASSOCIATES PROPOSED SCOPE OF SERVICES CITY OF OKEECHOBEE COMMERCE CENTER December 19, 2003 CAS PROPOSAL NO. 03-0165-PI058 PAGE 3 -- SURVEYING AND PLATTING Sol PROJECT BOUNDARY SURVEY Prepare certified drawing, to scale, showing property boundary and acreage, in accordance with Chapter 61 G1 7-6 C. (Minimum Technical Standards for Surveying in Florida). $7,040.00 SO4 PREPARE RECORD PLAT Prepare ink drawing on time -stable mylar suitable for recording, adhering to State and local plat filing law/ordinances. Coordinate with the CLIENT's representative and attorney in the preparation of the plat. Prepare and submit all data and exhibits required by the approving governing agencies and aid the CLIENT's representative in processing the plat through the governmental agency review process. The CLIENT is responsible for all filing fees. $9,740.00 S05 SET PERMANENT REFERENCE MONUMENTS (PRMS) SET PERMANENT CONTROL POINTS (PCPS) SET INTERIOR LOT CORNERS Set concrete monuments with disks at all plat specified locations in accordance with State and local plat filing laws. $3,120.00 Set nails with stamped tags at all plat specified locations after roadways have been constructed in accordance with State and local plat laws. $2,020.00 Set iron rod and caps on interior lot corners per Chapter 177, Florida Statutes. $3,610.00 SAPROPOSALSQW3\p1058-city of okeechobee\Commereent Center-PRODOC CRAIG A. SMITH & ASSOCIATES CITY OF OKEECHOBEE COMMERCE CENTER CAS PROPOSAL NO. 03-0165-PI058 FEE TOTAL PROPOSED SCOPE OF SERVICES December 19, 2003 -- PAGE 4 -- The proposed fee for each specific work task is as shown above. Craig A. Smith & Associates (CAS) proposes to accomplish the services listed for a total lump sum fee of Twenty-five Thousand, Five Hundred Thirty and 00/100 ($25,530.00), which is the sum of the fees for each specific work task. CAS agrees to place stakes for field surveys one time for each agreed work task. PAYMENT OF FEE CAS proposes to invoice monthly based upon percent completion. Payment is due within thirty (30) days of receipt of 1he invoice. If CLIENT has not made payment within forty-five (45) days after receipt of the invoice, interest at the rate of 1.5 percent per month will be added to the invoice. If no payment has been made within forty-five (45) days after receipt of invoice, services will be suspended until CAS has been paid in full. CLIENT agrees to pay CAS all reasonable costs, charges, expenses and attorney fees expended or incurred to enforce any provisions hereof. ADDITIONAL SERVICES Any service not specifically included in the Final Agreement will be considered as an Additional Service. CAS will accomplish Additional Services upon proper written authorization of the CLIENT. The fees for Additional Services are at the following hourly rates or at a mutually agreed upon Lump Sum Fee: Principals............................................................................................................ $200.00 Director of Surveying (P.S.M.) ............................................................................ $125.00 Senior Professional Surveyor and Mapper (P.S.M.) ........................................... $100.00 Professional Surveyor and Mapper (P.S.M.) ........................................................ $95-00 SurveyTechnician ................................................................................................ $65.00 Clerical................................................................................................................. $40.00 Survey Crew, Vehicle, Equipment ...................................................................... $110.00 Survey Crew, Vehicle, Equipment Overtime Rate .............................................. $135.00 Survey Crew (pile, staking) ................................................................................ $150.00 SAPROPOSAM2003\pI 058-city of okeechobee\Commercent Center-PRODOC CRAIG A. SMITH & ASSOCIATES PROPOSED SCOPE OF SERVICES CITY OF OKEECHOBEE COMMERCE CENTER December 19, 2003 CAS PROPOSAL NO. 03-0165-PIOSB -- PAGE 5 — REIMBURSABLE EXPENSES Reproductions BluelinePrices ...................................................................... $ 1.50/sht. Mylar..................................................................................... $15.00/sht. Federal Express or Courier Service ...................................... Cost + 10% If you are in agreement with the above scope of services and the terms, please sign in the authorization space provided below and return one (1) executed copy of this proposal to us so that we can - proceed. Please call if you require additional information. We look forward to assisting you with this project. ACCEPTED BY: CRAIG A. SMITH & ASSOCIATES Robert D. Keener, P.S.M. Senior Surveyor and Mapper Client Name Signature Name of Authorized Representative Title Date S:\PROPOSALS\2003\pl 058-city of okeechobee\Commercent Center -PRO. DOC EXHIBIT 9 — Superintendent Phoebe Raulerson JAI ',Ry 6 AGENDA Okeechobee County School Board 863-462-5000 700 S.W. Second Avenue Fax 863462-5204 Suncorn 761-5000 Okeechobee, Florida 34974 December 16,2003 Mr. George Long Okeechobee County Administrator 304 N.W. 2nd Street Okeechobee, FL 34972 Mr. Bill Veach Okeechobee City Administrator 55 S.E. 3rd Avenue Okeechobee, FL 34974 Gentlemen: Chairperson Gay Carlton Vice Chairperson David Williams Mernben Joe Arnold Donna Enrico India Riedel The members of the Okeechobee County School Board respectfully request a joint workshop as provided for in the Interlocal Agreement between the County Commission, City Council, and School Board. The School Board would like to discuss the feasibility/likelihood of impact fees for new construction in the county/city. One possible date, on which School Board members are available, is Tuesday, January 27, at 1:30 p.m. The School Board meeting room will not be available through March, but my office could be used for the meeting. Would you please assist me in coordinating this with the County Commissioners and City Councilmen? Please call me at 462-5000, Ext. 226, after you have had a chance to speak with your Boards. Thank you. Sincerely, 44,� Phoebe Raulerson Superintendent of Schools /ga ExHIBIT 10 - JANUARY6 AGENDA MORANDUM To: Mayor and Council Members From: Lane Gamiotea, City Clerk -4 Subject: 2004 Grievance Committee Member and Alternates Date: December 31, 2003 Please approve the 2004 Grievance Committee Members and Alternates as follows: Police: Member: Donald Hagan Alternate: William Saum Fire: Member: Jim Fusco Alternate: Jeff Baugh Public Works: Member: Cleveland Lamb Alternate: Rick Amilet AdmIFIn/Gen Serv/Clerk Offices: Member: Adriana Berry Alternate: Robin Brock Thank you. -'Z CITY OF OK-EECHOBEE MEMORANDUM TO: Mayor and City Council DATE: January 2, 2004 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief surnmary of past and upcoming events. ADMINISTRATION GRIT — NO CHANGE IN STATUS - We are still awaiting the promised proposed settlement from the GRIT'attorneys. Attorney Robbins has officially requested the proposal twice. When we receive it, our attorneys (Cook and Robbins) will review it and John will bring the proposal (or a refined version) to the City Council for approval. Industrial Park — Nancy Phillips and I continue to work feverishly with the granting entities to reprogram and rewrite our grants. We will be meeting with Robert Meyer on January 7hin that regard. CAS has submitted a proposed addendum, for City Council consideration on January 6'h, of their contract related to platting the industrial park. This must be done before parcels can be sold. Soon, CAS win present a request for additional funds as a result of redesigning the park due to business substitutions and environmental encounters. Leo Comer and I met with a third potential tenant for the industrial park. They were on a statewide tour shopping for potential sites. They are seeking to build a 150,000 square foot facility, hire 100 employees and produce hurricane rated windows. They currently have a window production and air conditioner vent production facility in the Midwest. I hope to be able to arrange a second meeting sometime early this year. Right -of -Way Acquisition and Annexation-L Mr. Mason's attomeys; have presented a counter offer to John Cook and he will bring it to the City Council in Executive Session on January 6'h. ADMINISTRATION ToH-Way Study — With the consensus of four City Councilmen (Councilum Markham CONTINUED felt only one entity in our County should contribute), I have approved an expenditure of $1,000 to assist in producing a regional study for submission to the Toll -Way Authority, which would justify and quantify the need for a four -lane highway through this region- The overall feeling of our City Councilmen was that while this information probably wouldn't persuade the powers that be tolocate the highway here, non - participation in the project would most likely -ensure that we would receive no consideration. PUBLIC WORKS Oscar Bermudez is working with Katrina in General Services to prepare bid documents for this year's proposed street projects. Oscar is also preparing the engineered drawings for the work to be done with regard to Downtown Redevelopment (parks, storefronts and sidewalks). Donnie Robertson continiies preparation for the modifications to the 4ffi Street boat ramp and will bring before the City Council on January 60' a proposal from DEP to reimburse the City for the installation ofneeded baffle boxes near the ramp. These will cost in excess of $60,000. CODE The Code Enforcement Board was dismayed (as was staft) that the regulations formerly ENFORCEMENT contained in the City Codes related to junk (among other items) were omitted in the new Code Books. Attorney Cook has written a new Ordinance to replace the omitted items and once in place, Code Enforcement, with concurrent ofthe Code Board, plans to cite Mr. Brantley in an all encompassing (every present violation) manner. Otherwise, Code compliance within the City continues to improve. FINANCE Staff is working with the auditors in finalizing this year's audit. The only missing component is the financial reports related to pensions, which must be provided by OUA. Lola Parker is also preparing bound copies of this year's budget. At the end of November, there were no unusual issues relawd to the FY 04 budget. 2 CITY ATTORNEY I The following are included in the items I have asked Attorney Cook to address. I . Noise/breach of peace/animal ordinance. 2. Ordinance related to omission in the new Code Book. 3. Recominendations related to reversionary action in alley closings, etc. 4. Procurement of the Billy Mason/NE 9 Street right-of-way. 5. Hamrick Trust — John is in discussion with the county Attorney on this matter. 6. Ordinance related to allowable mobile home age. 7. Research annexation issues. 8. GRIT issues. 9. LDR issues, such as conversion of former residential structures to commercial, non -conforming structures, building site elevations, visibilitytriangles, drainage, sidewalk requirements and street cut/right-of-way resolution. 10. Marvin Brantley's continuing situation. 11. Advise on matters.related to IRCC Crime Lab Contract. K.