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2004-08-17 Regular Meeting70 CITY OF OKEECHOBEE AUGUST 17, 2004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: August 17, 2004, Regular City Council Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation by Pastor Charles Moscato, Abundant Blessings Assembly of God Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea A. Motion to dispense with the reading and approve the Summary of Council Action for the August 3, 2004 Regular Meeting. PAGE 10F 18 Mayor Kirk called the August 17, 2004 Regular City Council Meeting to order at 6:00 p.m. Pastor Charles Moscato of Abundant Blessings Assembly of God offered the invocation; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Absent Present Present Present Present Present Present Council Member Williams moved to dispense with the reading and approve the Summary of Action for the August 3, 2003 Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. J 1 Pj AUGUST 17, 2004 - REGULAR MEETING - PAGE 2 OF 18 71 V. WARRANT REGISTER - City Administrator. A. Motion to approve the July 2004 Warrant Register: Council Member Watford moved to approve the July 2004 Warrant Register, in the amounts: General Fund, three hundred fifty thousand, one hundred fifty-one dollars and seventy-two cents ($350,151.72); Industrial Development General Fund ............................. $350,151.72 Fund, two hundred three thousand, two hundred thirty-two dollars and forty-eight cents ($203,232.48); Law Industrial Development Fund ................. $203,232.48 Enforcement Fund, four thousand, one hundred fifty-five dollars and seventy-five cents ($4,155.75); Public Facility Law Enforcement Fund ....................... $4,155.75 Improvement Fund, two thousand, five hundred dollars and zero cents ($2,500.00); CDBG Grant Fund one thousand, Public Facility Fund .......................... $2,500.00 two hundred twenty-nine dollars and zero cents ($1,229.00); seconded by Council Member Markham. There was no CDBG Grant Fund ........................... $1,229.00 discussion on this item. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. New business Item "I" was withdrawn. VII. OPEN PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION I MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION A : - Mayor. A.1. a) Motion to read by title only proposed Ordinance No. 865, Rezoning Council Member Watford moved to read by title only, proposed Ordinance No. 865, Rezoning Application No. 04-007- Application No. 04-007-R, submitted by Gary Eubanks - City R, submitted by Gary Eubanks; seconded by Council Member Markham. Planning Consultant (Exhibit 1). VOTE b) Vote on motion to read by title only. KIRK -YEA CHANDLER -ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 72 AUGUST 17, 2004 - REGULAR MEETING - PAGE 3 OF 18 VII. PUBLIC HEARING CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 865 by title only. Attorney Cook read proposed Ordinance No. 865 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE; FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME (RMH) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILYONE (RSF4) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 865. 111 Council Member Markham moved to adopt proposed Ordinance No. 865; seconded by Council Member Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk then opened the floor to Council and Staff discussion. City Planning Consultant, Jim LaRue reviewed the planning staff report. Summary of Application: This block will be developed into a small residential subdivision. The subdivision will consist of six lots, with one dwelling unit on each lot. The applicant is in the process of abandoning a portion of the adjacent street and then re -platting both Lots K and L to create the six lots. In the application submitted, the applicant has stated that the current zoning classification of RMH does not permit conventionally built homes and thus requests RSF-1 zoning designation. The proposed zoning district would be consistent with the Future Land Use Classification of the property. Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. This property is designated Single Family on the Future Land Use Map and this rezoning will bring the zoning into consistency with the Future Land Use Map. More specifically: Objective 1: The location of future development in the City of Okeechobee shall continue to be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and topography. Policy 2.1: The following land use designations are established for the purpose of managing future growth: (a) Single -Family Residential. Permitted uses are one single-family dwelling on each lot and structures accessory to the residential use, mobile home parks and public facilities. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. Objective 10: The City of Okeechobee shall continue to promote the various and innovative land development techniques. Policy 10.1: The City shall continue to amend and enforce its land development regulations to encourage development techniques which mix and distribute land uses to accomplish the following: make the most efficient possible use of existing facilities; recognize and preserve distinctive natural features of the development site; protect environmentally sensitive areas within the site; preserve open space; u 11 AUGUST 17, 2004 - REGULAR MEETING - PAGE 4 OF 18 73 VII. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion continued. Meet specific needs of the City, such as affordable housing; and promote a sense of pride and community for its residents. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. (3) The proposed use will not have an adverse effect on the public interest. (4) The use seems to be appropriate for the location proposed, and is reasonably compatible with adjacent land uses. The use is not contrary or detrimental to urbanizing land use patterns. (5) The proposed use should not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (6) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. However, it is not required to be. (7) The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Planning Staff Report Summary and Recommendation: Staff recommends approval of the request to allow rezoning from Residential Mobile Home (RMH) to Residential Single Family (RSF-1), permitting the applicant to develop a residential subdivision. However, all single family units must meet appropriate lot condition outlined in the Land Development Code for the RSF-1 Zoning District. As reported by Clerk Gamiotea in Exhibit One, all fees have been paid. All advertisements were published appropriately. These ads include the Planning Board meeting and the final public hearing. The Planning Board reviewed this application at their July 27, 2004 meeting and voted unanimously to recommend approval. General Services mailed twenty-eight courtesy notices to surrounding property owners. No objections were stated. A sign was posted on the oronerty advisina of the public meetings. There was a brief discussion between Council Members and Mr. LaRue. c) Vote on motion VOTE KIRK -YEA CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 74 AUGUST 17, 2004 - REGULAR MEETING - PAGE 5 OF 18 VII. PUBLIC HEARING CONTINUED. B.1. a) Motion to read by title only proposed Ordinance No. 866 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 866 regarding amendments to the Land amendments to the Land Development Regulations Sections 90- Development Regulations Sections 90-103(5), 90-133(5), 30-163(5) and 90-193(6) all in relation to commercial parking 103(5), 90-133(5), 30-163(5) and 90-193(6) all in relation to areas within residential zoning districts; seconded by Council Member Williams. commercial parking areas within residential zoning districts - City Planning Consultant (Exhibit 2). 11 b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 866 by title only. Attorney Cook read proposed Ordinance No. 866 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTIONS 90-103(5) OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-133(5) OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90.163(5) OF THE LAND DEVELOPMENT REGULATIONS, AND SECTION 90-193(6) OF THE LAND DEVELOPMENT REGULATIONS, DELETING SPECIAL EXCEPTIONS ALLOWING OFF-STREET PARKING AND ACCESS TO A COMMERCIAL ENTERPRISE IN A COMMERCIAL 7/►t•11�►/A11•Tr211%T. nnAI/1n1\11% CA0 AM 0CC0P7111C nATC" 2. a) Motion to adopt proposed Ordinance No. 866. 111 Council Member Markham moved to adopt proposed Ordinance No. 866; seconded by Council Member Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Planning Consultant LaRue advised that he initiated this amendment to the Land Development Regulations. Several months ago the City Board of Adjustment denied an application to allow parking in a residential zoning for a commercial establishment. By deleting the ability to have this type of parking, even by special exception, it gives more control over residential neighborhoods in the sense that the property would now have to be rezoned. Approving this amendment would keep the City Council and Citizen Planning Boards from being caught in that situation again, and keeps from putting a burden on the neighborhood with having to stay alert on these issues. There was a brief discussion between Mr. LaRue and Council Member Watford. Mr. Watford's concern was the remodeling of existing structures that once were residential in use and are changed to commercial type uses, and creating another obstacle for them. Mr. LaRue responded that was not the case. 1 AUGUST 17, 2004 - REGULAR MEETING - PAGE 6 OF 18 75 VII. PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion continued. The Land Planning Agency discussed the proposed LDR amendment at their July 27, 2004 meeting and voted unanimously to recommend approval. Planning Staff is also recommending approval. c) Vote on motion. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only proposed Ordinance No. 867 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 867 regarding amendments to the Land amendments to the Land Development Regulations Sections 90- Development Regulations Sections 90-283 providing for inclusion of a House of Worship in a heavy commercial zoning 283 providing for inclusion of a House of Worship in a heavy district; seconded by Council Member Williams. commercial zoning district - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 867 by title only 2. a) Motion to adopt proposed Ordinance No. 867. b) Public comments and discussion. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 867 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY ARTICLE 111, DIVISION 8, SECTION 90-283 SPECIAL EXCEPTION USES, PROVIDING FOR INCLUSION OF HOUSE OF WORSHIP, PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 867; seconded by Council Member Williams. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk then opened the floor for discussion between Council and Staff. 76 AUGUST 17, 2004 - REGULAR MEETING - PAGE 7 OF 18 VII. PUBLIC HEARING CONTINUED. C. 2. b) Public comments and discussion continued. The Land Planning Agency discussed the proposed LDR amendment at their July 27, 2004 meeting and voted unanimously to recommend approval. Planning Staff is also recommending approval. Discussion between Council and Staff was limited to making sure Staff understood that they want churches to have a full understanding of all the 11 types of uses, permitted and permitted by special exception, within the Heavy Commercial Zoning District. c) Vote on motion. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D.1. a) Motion to read by title only proposed Ordinance No. 868 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 868 regarding Future Land Use Map Future Land Use Map Amendment No. 04-005-SSA submitted by Amendment No. 04-005-SSA submitted by Dan Buchanan; seconded by Council Member Williams. Dan Buchanan - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 868. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 868 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO INDUSTRIAL (IND); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." AUGUST 17, 2004 - REGULAR MEETING - PAGE 8 of 18 77 VII. PUBLIC HEARING CONTINUED. D. 2. a) Motion to adopt proposed Ordinance No. 868 (Land Planning Council Member Markham moved to adopt proposed Ordinance No. 868; seconded by Council Member Watford. Agency does not recommend approval). b) Public comments and discussion. Mayor Kirk, Council Members Markham, Watford and Williams disclosed for the record that they were contacted by Mr. Buchannon and various citizens in the area and spoke to them regarding this issue. Planning Consultant LaRue then reviewed the Planning Staff Report and the Land Planning Agency's recommendation for denial. Planning Staff Report Summary: The subject property is currently designated Single Family (SF) on the Future Land Use Map and is zoned Residential Multiple Family (RMF) on the Zoning Map. The applicant is requesting a Small Scale Amendment of the Future Land Use Map, and is simultaneously requesting a rezoning from RMF to Industrial (IND in a separate request. The applicant is proposing to build a repair shop/garage and service various types of equipment and implements. Planning Staff Report Comprehensive Plan Analysis: (A) The applicants' request is consistent with the currently adopted Future Land Use Element policies. (B) The Okeechobee Utility Authority service area includes the subject property and adequate public facilities are available. (C) The requested Plan Amendment is consistent with adjacent and nearby land uses. Future Land Use to the North is Commercial (C), to the South and West are SF and the East is IND. Zoning to the North and West is RMF with IND to the East and South. The property to the North and West are vacant; while the to the East, is a commercial building with apartments. (D) Compliance with Specific Standards of the Plan, the requested Plan Amendment is consistent with adjacent and nearby Land Uses. Planning Staff ReportAnalysis and Conclusions: The existing Comprehensive Plan Goals, Objectives and Policies will support Industrial oriented uses at this location; therefore, it should be recommended that the City of Okeechobee find the application to be consistent with the Comprehensive Plan. Clerk Gamiotea reported in Exhibit Four that all fees' have been paid. All advertisements were appropriately published. The Planning Staff is recommending an approval, and found no justifiable reason not to approve the request. However, at the July 27, 2004 Land Planning Agency meeting, numerous property owners spoke against the land use change. The LPA voted unanimously to recommend denial. There was a lengthy discussion between the Mayor, Council Members, Staff, Mr. LaRue and Mr. Buchanan. Several surrounding property owners were present to protest the land use change. 78 AUGUST 17, 2004 - REGULAR MEETING - PAGE 9 OF 18 VII. PUBLIC HEARING CONTINUED. D. 2. b) Public comments and discussion continued. Those who spoke against the land use change were Robert Leach, Karen Ervin, Patricia Grant and Shirley Johnson. Ms. Grant noted that the property is located along Northwest 9" Street where the traffic is already heavy. There are a lot of children in the neighborhood and she would not like to see any additional truck traffic in the area. She also stated that she had no problem with Mr. Buchanan wanting to develop his property, she was just requesting it be of a lower intensity use, such as residential. Mr. Leach supplied the Council with a petition of names and addresses of people who were opposed to the change in land use, but could not attend the meeting. Mr. Buchanan offered a petition of names and addresses of people who also live in the area, that were not opposed to the land use change. Both petitions were turned over to the Clerk for official record. The Council again discussed what types of uses were surrounding the subject property (Lots 1 and 2). The subject property is vacant. Zoning is RMF with a Future Land Use designation of SF In the same Block (44), Lots 3 to 6 are also zoned RMF with Future Land Use as SF. Then the South half of the block, which is divided by a fifteen -foot alleyway running East to West, has Lots 7 to 12 Future Land Use designation as SF, with Zoning as IND. Then immediately to the South of these lots (7 to 12) is the active CSX Railroad. The Block is bounded by Northwest 8m Street to the South, 9th Street to the North, 8th Avenue to the East and 91h Avenue to the West. The Block directly North is 41, Lots 7 to 10 are designated as SF for Future Land Use and Lots 11-12 are C. The zoning for the entire Block is RMF. The Block to the Northeast is the abandoned Seaboard Railroad and it does not have a Future Land Use designation, however the zoning is RMF. The Block directly East is also a portion of the abandoned Seaboard Railroad, it too does not have a Future Land Use designation, but the zoning is IND. The area directly Southeast is designated in the same manner as the previous. The entire Block directly South (65), is Future Land Use designed RMF with RMF as the zoning. The same designation applies to Block (66), located to the Southwest. Directly West, Block 43, Lot 1 has a Future Land Use designation of RMF a zoning designation of RMF. This is also the site of a church. Lot 26 zoning is IND, with Future Land Use designation as SF, and again the immediate property is the CSX Railroad. The Block (42) to the Northwest is designated RMF on both the Future Land Use and Zoning. This is the site of a new church. This area is in transition. There are some industrial and government uses, due to the proximity of the railroad, but they are mostly to the East of the subject property. Council Member Watford noted, the residents have done a wonderful job to improve the area and we all appreciate their efforts. What he looked at was, if this change in land use would add or detract from improvements that have begun there and are still in progress. There are many reasons to say the change makes sense, especially from a planning standpoint, as the Planning Staff has done in their report. However, it is hard to justify Industrial uses right next to any type of residential uses, and I have not heard from the planning staff or anyone, any comment that would make me feel more comfortable about that. 7 1 L, AUGUST 17, 2004 - REGULAR MEETING - PAGE 10 OF 18 79 VII. PUBLIC HEARING CONTINUED. D. 2. b) Public comments and discussion continued. c) Vote on motion. Mayor Kirk stated he went to the site to get a realistic picture of what the uses in the area were. It appears that Northwest 8`h Avenue is like a dividing line, but the rest is residential. It would be difficult to rezone this to Industrial next to homes, and we would be encroaching into a neighborhood. The City LPA has recommended that we turn this down. The last point Mayor Kirk made was, how many times in the last few months have people come into our City, purchased property, then checked what the use was and asked us to fix it for them. Council Member Williams added that he too went and looked at the neighborhood. His conclusions were, Mr. Buchanan has made a good investment, he is just not going to be able to use it as Industrial right now. At some point and time, all that property will probably become Industrial. He did not believe Mr. Buchanan had thrown his money away, property values are going to cause these changes to happen in this area, but now is not the time. Council Member Markham echoed the same comments made by the others and added, the Council has noted a need for buffers between extreme zoning designations, such as Residential next to Industrial, either by a road or alleyway. There is no buffer available between the residential property to the West and Mr. Buchanan's property. VOTE KIRK - No CHANDLER - ABSENT MARKHAM - No WATFORD - No WILLIAMS - NO MOTION DENIED. E.1. a) Motion to adopt proposed Resolution No. 04-07 regarding Solid I Council Member Watford moved to adopt proposed Resolution No. 04-07 regarding Solid Waste assessed costs and Waste assessed costs and estimated rates - City Attorney (Exhibit estimated rates; seconded by Council Member Williams. 5). b) City Attorney to read proposed Resolution No. 04-07 by title only. Attorney Cook read proposed Resolution No. 04-07 by title only as follows: "A PRELIMINARYRATE RESOLUTION OF THE CITYOF OKEECHOBEE FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO.748 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THESOUJD WASTEASSESSED COST FOR THE UPCOMING FISCAL YEAR, ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR, AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION, DIRECTING THE CITY 80 AUGUST 17, 2004 - REGULAR MEETING - PAGE 110F 18 VII. PUBLIC HEARING CONTINUED. E.1. b) City Attorney to read proposed Resolution No. 04-07 by title only ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARYNOTICE THEREOF continued. TOAFFECTED LANDOWNERS IN THECITYOFOKEECHOBEE, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." c) Public comments and discussion. Mayor Kirk asked whether there were any comments or questions from the public. There were none. He then opened III the floor for discussion between Council and Staff. In explanation, Attorney Cook offered that this resolution and the one to be considered next, are the two documents that the City must adopt each year to continue the solid waste collection fee's through the tax roll. This first resolution sets the established rate from Waste Management, which is the same rate as last year, one hundred thirty-seven dollars and sixteen cents ($137.16). Council Member Markham commented that Waste Management's franchise agreement expires next year and Staff should coordinate renegotiation efforts prior to the adoption of next year's resolutions. It was also noted these are residential rates, for residential customers only. d) Vote on motion. VOTE KIRK - YEA CHANDLER -ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. F.1. a) Motion to adopt proposed Resolution No. 04-08 regarding Solid Waste collection and annual assessment roll - City Attorney (Exhibit 6). b) City Attorney to read proposed Resolution No. 04-08 by title only Council Member Watford moved to adopt proposed Resole assessment roll; seconded by Council Member Williams. 2 Attorney Cook read proposed Resolution No. 04-08 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2004-2005, APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 1 AUGUST 17, 2004 - REGULAR MEETING - PAGE 12 OF 18 81 VII. PUBLIC HEARING CONTINUED. F.1. c) Public comments and discussion. Mayor Kirk asked whether there were any comments or questions from the public. There were none. He then opened the floor for discussion between Council and Staff. There was a brief discussion between Attorney Cook and Council. This is the second resolution that continues the collection of solid waste collection fees' through the tax roll. d) Vote on motion. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING. III MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION AT 7:07 P.M. Vill. OPEN THE FIRST PUBLIC HEARING FOR COMMUNITY DEVELOPMENT 11 MAYOR KIRK OPENED THE FIRST PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT BLOCK GRANT PROGRAM - Mayor. PROGRAM AT 7:07 P.M. A.1. a) Discuss the Community Development Block Grant (CDBG) Program Nancy Phillips of Nancy Phillips and Associates, Grant Administrator, informed the Mayor, Council and those present for the Fiscal Year 2004 Funding Cycle for Economic Development - that this is the first of two required public hearings for the Federal Fiscal Yar 2004 Community Development Block Nancy Phillips, Grant Administrator (Exhibit 7). Grant Program. The purpose of the hearing is to advise the citizens of the City of Okeechobee that the City is 11 considering applying for seven hundred thousand dollars ($700,000.00) in CDBG Economic Development funds. Economic Development grants are based on job creation and the City forms a partnership with a private business who will be creating the jobs and they are required to create a certain number of jobs for a certain amount of grant funds that will be awarded to the City on behalf of the private business. Typically these grants can be used for infrastructure, water, wastewater, and roadways. AUGUST 17, 2004 - REGULAR MEETING - PAGE 13 OF 18 Vill. FIRST PUBLIC HEARING FOR CDBG PROGRAM CONTINUED. A.1. a) Discuss the Community Development Block Grant (CDBG) Program Economic Development grants are based on job creation and the City forms a partnership with a private business who for the Fiscal Year 2004 Funding Cycle for Economic Development will be creating the jobs and they are required to create a certain number of jobs for a certain amount of grant funds continued. that will be awarded to the City on behalf of the private business. Typically these grants can be used for infrastructure, water, wastewater, and roadways. Conducting this public hearing, it will facilitate the CDBG grant application process and allow the City to submit an Economic Development project in a more timely manner. Administrator Veach noted that Ms. Phillips brought this matter to our attention. This gives the City "heads up," should the opportunity arise to apply for the grants, and gives us a "leg up on competition." He also stated he appreciated the fact that she is looking out for the City. b) Public Comments. III Mayor Kirk then asked whether there were any questions or comments from the public. There were none. CLOSE PUBLIC HEARING. III MAYOR KIRK CLOSED THE FIRST CDBG PROGRAM PUBLIC HEARING AT 7:12 P.M. IX. NEW BUSINESS. A. Discussion regarding a conflict of interest in the Community Ms. Phillips addressed the Council by explaining as part of the Community Development Block Grant (CDBG) Development Block Grant (CDBG) Commercial Revitalization 04DB- program, the City is required to identify any potential Conflicts fo Interest that might exist between any elected official C01 project - Nancy Phillips (Exhibit 8). or family member of a local elected official that has a financial interest or will receive or benefit from assistance provided by the CDBG program. Florida Statute Chapter 112.311 through 112.3143 and 24 CFR 570.489(h) outlines Member Watford and David Watford. Mr. David Watford, owner of North Park Tire Center, is eligible for the CDBG program benefits and was selected in accordance with the City's local Commercial Rehabilitation Policy. In order for the CDBG program to provide assistance to North Park Tire Center, Council Member Watford must file a written statement with the City advising of this conflict and make a public disclosure of this Conflict of Interest at the City Council Meeting. Once this disclosure has been made, the City may require a waiver from the Florida Department of Community Affairs (DCA). A motion must be made and approved by City Council that requests the waiver from DCA. Then the City Attorney will also be required to render a legal opinion that finds that the Conflict is eligible for a waiver and that no policies have been violated. E 11 AUGUST 17, 2004 - REGULAR MEETING - PAGE 14 of 18 83 IX. NEW BUSINESS CONTINUED. A. Discussion regarding a conflict of interest in the Community Council Member Watford disclosed for the record that David Watford, who is the owner of North Park Tire Center is Development Block Grant (CDBG) Commercial Revitalization 04DB- his cousin, and that he will abstain from voting on any issues as appropriate. C01 project continued. B. Motion to adopt Resolution No. 04-10 regarding future maintenance and attendant costs in connection with the Economic Development Transportation fund (EDTF) grant project - Nancy Phillips, Grant Administrator (Exhibit 9). Council Member Williams made a motion, as recommended that the City request waiver from DCA of the Conflict of Interest of David Watford, owner of North Park Tire Center, who is a cousin of Council Member Dowling Watford, so that North Park Tire Center can receive CDBG program benefits and was selected in accordance with the City Commercial Rehabilitation Policy: seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER -ABSENT MARKHAM - YEA WATFORD - ABSTAINED (FORM 8B MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL PUBLIC OFFICERS IS ON FILE IN THE CLERK'S OFFICE) WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to adopt proposed Resolution No. 04-10 regarding future maintenance and attendant costs in connection with the Economic Development Transportation Fund (EDTF) grant project; seconded by Council Member Williams. There was a brief discussion on this item, this document is basically a formality, ensuring that the City states and understands that it will maintain what it builds in the Commerce Center as it relates to transportation. MAINTENANCEAND OTHERATTENDANT COSTS OCCURRINGAFTER THE COMPLETION OFTHEECONOMIC DEVELOPMENT TRANSPORTATION FUND PROJECT FOR THE CITrS COMMERCE CENTER PARK INFRASTRUCTURE." VOTE KIRK - YEA CHANDLER -ABSENT MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 84 AUGUST 17, 2004 - REGULAR MEETING - PAGE 15 OF 18 IX. NEW BUSINESS CONTINUED. C. Motion to re -schedule the 2004/05 Fiscal Year Budget Public III Council Member Watford moved to re -schedule the 2004/05 Fiscal Year Budget Public Hearing dates for September Hearing dates and times - City Administrator (Exhibit 10). 17, 2004 at 5:01 p.m. and September 28, 2004 at 5:01 p.m; seconded by Council Member Markham. Council Member Watford noted that he will not be able to attend the September 17 hearing due to a previous engagement. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Review RFP for an Impact Fee Consultant - City Administrator Administrator Veach supplied the Council with copies of the proposed Request for Proposal (RFP) for City and County (Exhibit 11). Impact Fee Study. The Mayor and Council Members were asked to review the RFP and submit their comments to the Administrator. Should there be any significant change's, requests, orfindings, those will be brought back to the Council for consideration. The RFP is suppose to address the four items the City has expressed an interest in exploring, along with County's items, as well as the School Board's issue. There was no official E. Consider a request by the Okeechobee County Fire Rescue to hold Following brief discussion, Council Member Williams made a motion to grant request from the Okeechobee County a fund-raising boot drive for the Muscular Dystrophy Association on Fire and Rescue to hold a Boot Drive at the main intersection, Parrott Avenue (Highway 441) and North Park Street August 27 through 28, 2004 - Ricky Jones (Exhibit 12). (North Park Street) on August 27 and 28, 2004 for the Muscular Dystrophy Association, provided that there are adults only collecting the money, and any other stipulation that Chief Davis may have regarding safety and traffic concerns; seconded by Watford. The Division of Forestry will also be participating in the fund raiser this year along with the City Firefighters. A Temporary Use Permit was completed along with written authorization from Eckerd Drugs and Walgreens to allow the staff to be on their property during the fund raiser. Proof of Liability Insurance was faxed to the General Services Department, as will the Department of Transportation authorization be sent. 1 u AUGUST 17, 2004 - REGULAR MEETING - PAGE 16 OF 18 85 1 L ... . .: ,77 u u COUNCiLACTION _-.DISCUSSION VOTE.....;. = � DL NEW BUSINESS CONTINUED. E. Consider a request by the Okeechobee County Fire Rescue to hold VOTE a fund-raising boot drive for the Muscular Dystrophy Association on KIRK - YEA August 27 through 28, 2004 continued. CHANDLER -ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. F. Consider applications to fill the vacancy on the Planning Council Member Markham moved to appoint Devin Maxwell as an Alternate Member to the Planning Board/Board of Adjustment/Land Planning Agency/Design ReviewBoard, term beginning August 18. 2004 and Board/Board of Adjustment/Land Planning Agency/Design Review ending April 30, 2007: seconded by Council Member Williams. Council instructed Clerk Gamiotea to ask the other Board, term beginning August 18, 2004 and ending April 30, 2007 - City Clerk (Exhibit 13). applicant, Mr. Gary Priest, whether he would let the City keep his application on file and consider him for the next vacancy that came open on the board. Both applicants will also be sent a letter of appreciation on behalf of the Council. VOTE KIRK - YEA CHANDLER -ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. G. Motion to reappoint Steve Padget as Trustee to the Police Officers' Council Member Markham moved to reappoint Steve Padget as Trustee to the Police Officers' Pension Fund Board, Pension Fund Board, term beginning October 1, 2004 and ending term beginning October 1, 2004 and ending September 30, 2006; seconded by Council Member Watford. A letter of September 30, 2006 - City Clerk. appreciation will be sent to Mr. Padget for his willingness to continue to serve on this board. VOTE KIRK - YEA CHANDLER -ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 86 AUGUST 17, 2004 - REGULAR MEETING - PAGE 17 OF 18 IX. NEW BUSINESS CONTINUED. H. Motion to approve a taxi cab business permit for A-1 Taxi & All Council Member Watford moved to approve a taxi cab business permit for A-1 Taxi and All County Taxi Corporation; County Taxi Corporation - City Administrator (Exhibit 14). seconded by Council Member Williams. There was a brief discussion on this item. Chief Davis was instructed to make sure they understood that if they operate another vehicle it must also be listed on the application. VOTE KIRK - YEA CHANDLER -ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. I. Discussion pertaining to implementing a two-year education re- III The item was withdrawn from agenda. imbursement contract - Noel Chandler. J. Motion to authorize the Mayor to begin contract negotiations with III Council Member Markham moved to authorize the Mayor to begin contract negotiations with the City Administrator, the City Administrator - Mayor Kirk. whose contract expires September 30, 2004; seconded by Council Member Williams. KIRK - YEA CHANDLER -ABSENT MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. AUGUST 17, 2004 - REGULAR MEETING - PAGE 18 OF 18 1 IX. ADJOURN MEETING -Mayor. There being no further items on the Agenda, Mayor Kirk adjourned the meeting at 7:45 p.m. The next regularly scheduled meeting is September 7, 2004. Please take notice and be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. Lane barnioiea, Eitv Clerk James E. Kirk, Mayor Page -1- Tape 1 side A CITY OF OKEECHOBEE - AUGUST 17, 2004 - REGULAR CITY COU HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, August 17 II. OPENING CEREMONIES: Invocation given by Pastor Assembly of God; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk X Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach Clerk Lane Gamiotea X X X X X X IV. MINUTES - City Clerk. A. Council Member Williams moved to dispense with the reading an( for the August 3, 2003 Regular Meeting; seconded by Council I discussion on this item. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED V. A. 'IL MEETING - Absent FA approve the Summary of Action lember Markham. There was no WARRANT REGISTER - City Administrator. Council Member Watford moved to approve the July 2004 Warrant Register, in the amounts: General Fund three hundred fifty thousand, one hundred fifty-one dollars and seventy-two cents ($350,151.72); Industrial Development Fund two hundred three thousand, two hL ndred thirty-two dollars and forty- eight cents ($203,232.48); Law Enforcement Fund four thousand, one hundred fifty-five dollars and seventy-five cents ($4,155.75); Public Facility Improvement Fund tvvo thousand, five hundred dollars ($2,500.00); CDBG Grant Fund one thousand, two hundred twenty-nine dollars ($1,229.00); seconded by Council Member Markham. There was no discussion on this item. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on toda 's agenda. Delete I. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR AT 6:05 P.M. A. 1. a) council Member Watford moved to read by title only propose Application No. 04-007-R, submitted by Gary Eubanks - City seconded by Council Member Markham. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) City Attorney to read proposed Ordinance No. 865 by title only as fc CITYOFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL, BY REZONING A CERTAIN TRACT OF LAND MORE PARTI( FROM RESIDENTIAL MOBILE HOME (RMH) ZONING DISTF FAMILY ONE (RSF-1) ZONING DISTRICT, AMENDING THE PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFE 2. a) Council Member Markham moved to adopt Ordinance No Williams. b) Public comments and discussion. None. Jim LaRue, City Planning Consultant reviewed the Planning Staff Repo applicant intends to purchase the subject property in September 200, subdivision. The subdivision will consist of six (6) lots with one (1) dwellin in the process of abandoning a portion of the adjacent street and then re-1 the six (6) lots. In the application submitted, the applicant has stated that RMH does not permit conventionally built homes and thus requests a RSF1 zoning district would be consistent with the Future Land Use Classificatio Page -2- AND RESOLUTION ADOPTION �d Ordinance No. 865, Rezoning Planning Consultant (Exhibit 1); Ilows: "AN ORDINANCE OF THE EONING MAP OFOKEECHOBEE ,ULARLY DESCRIBED HEREIN, !ICT TO RESIDENTIAL SINGLE ZONING MAP ACCORDINGLY, CTIVE DATE." ; seconded by Council Member Summary of Application: The and develop a small residential unit on each lot. The applicant is 3tting both Lots K and L to create ie current zoning classification of ming designation. The proposed of the property. Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed use is not contrary to the Comprehensive Plan requirements. This property is designated Single Family on the Future Land Use Map and this rezoning will bring the zoning into consistency with the Future Land Use Map. More specifically: Objective 1: The location of future development in the City of Okeechobee shall continue to be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and topography. Policy 2.1: The following land use designations are established for the purpose of managing future growth: (a) Single -Family Residential. Permitted uses are one single-family dwelling on each lot and structures accessory to the residential use, mobile home parks and public facilities. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. Objective 10: The City of Okeechobee shall continue to promote the various and innovative land development techniques. Policy 10.1: The City shall continue to amend and enforce its land development regulations to encourage development techniques which mix and distrib to land uses to accomplish the following: make the most efficient possible use of existing facilities; recognize and preserve distinctive natural features of the development site; protect environmentally sensitive areas within the site; preserve open space; meet specific needs of the City, such as affordable housing; and promote a sense of pride and community for its residents. (2) The proposed use being applied for is specifically authoriz d under the zoning district in the Land Development Regulations. Yes, the use being applied for is specifically authorized under the zoning district in the Land Development Regulations. (3) The proposed use will not have an adverse effect on the public interest. No, the proposed use will not have an adverse effect on the public interest. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary Page -3- ordetrimental to urbanizing land use patterns. The use seems to be appropriate for the location proposed, and is reasonably compatible with adjacent land uses. The use is not contrary or detrimental to urbanizing land use patterns. (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 should not adversely affect property values or living conditions of adjacent property. (6) The pro osed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The proposed use can be buffered from surrounding uses. However, it is not required to be. (7) The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the proposed use will not overburden public facilities. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public saf ty. No, the proposed use will not affect public safety. Planning Staff Report Summary and Recommendation: Staff recommends approval of the request to allow rezoning from Residential Mobile Home (RMH) to Residential Single Famil (RSF-1), permitting the applicant to develop a residential subdivision. However, all single family units must meet appropriate lot condition outlined in the Land Development Code for the Residential Singe Family One Zoning District. As reported by Clerk Gamiotea in Exhibit One, all fee's have been paid. All advertisements were published appropriately. These ads include the Planning Board meeting and the final public hearing. The planning board reviewed this application at their July 27, 2004 meeting and voted unanimously to recommend approval. Planning Staff is also recommending approval. General Services mailed twenty-eight courtesy notices to surrounding property owners. No objections were stated. A sign was post d on the property advising of the public meetings. DW - surprised area to east is already RSF-1. Never realized that. Assuma density wise, this is less dense. Yes, bigger lots. I would estimate value wise, tax bas wise, this better than RMH. LaRue - more substantial balance than RMH. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Watford to read by title only proposed Ordinance No. 866 regarding amendments to the Land Development Regulations Sections 90-103(5), 90-133( ), 30-163(5) and 90-193(6) all in relation to commercial parking areas within residential zoning districts - City Planning Consultant (Exhibit 2); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) City Attorney to read proposed Ordinance No. 866 by title only as foll ws: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTIONS 90-103(5) OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90,433(5)OFTHE LAND DEVELOPM NTREGULATIONS,SECTION 90-163(5) OF THE LAND DEVELOPMENT REGULATIONS, AND SECTION 90-193(6) OF THE LAND DEVELOPMENT REGULATIONS, DELETING SPECIAL CEPTIONS ALLOWING OFF~ STREET PARKING AND ACCESS TO A COMMERCIAL ENT RPR/SE IN A COMMERCIAL ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Page -4. Council Member Markham moved to adopt proposed Ordinan a No. 866; seconded by Council Member Williams. b) Public comments and discussion. None. LaRue, most jurisdiction where work, hardly have parking in RSF for a C establishment. We had an application for one of these, it was turned down by the BOA. Some instances may work, we presented as a SE use that was allowed, probably not a good reason to have these and be caught in that situation again and burden on neighborhood having to stay alert on these, parking for C business should be C in zoning even when it is off - site parking for it. Less of neighborhood impact, don't think you'll lose tha much on perspective of parking. DW - see theory, concern is as some of these areas being converted from RSF to C, all said better use for most of these properties, problem, when you have existing structure, converting to current standards, most cannot meet parking requirements, going to limit arability of that person tc covert it to commercial. LaRue - best input, if someone is converting something, more appropriate -han where people are not notified or less noticeable, it would be tougher to control, conversion areas, transitic n areas, not comfortable with staff decisions that are having to be made, this would tie the parking in with a rezoning, more open that way, and not getting surprises, SE aren't as noticeable as rezonings. The Land Planning Agency discussed the proposed LDR amendment at the unanimously to recommend approval. Planning Staff is also recommendin C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C. I. a) Council Member Watford to read by title only proposed Ordinance � the Land Development Regulations Sections 90-283 providing for ii a heavy commercial zoning district - City Planning Consultant (I Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C) City Attorney to read proposed Ordinance No. 867 by title only as fo CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE i REGULATIONS, PARTICULARLY ARTICLE Ill, DIVISION EXCEPTION USES, PROVIDING FOR INCLUSION OF HOUSE i AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance Member Williams. b) Public comments and discussion. None. LaRue, couldn't see why not allowing it in Heavy Commercial. July 27, 2004 meeting and voted approval. 867 regarding amendments to ision of a House of Worship in iibit 3); seconded by Council us: "AN ORDINANCE OF THE ,716, LAND DEVELOPMENT SECTION 90-283 SPECIAL WORSHIP, PROVIDING FOR No. 867; seconded by Council Page -5- DW - first reading discussed this some, not opposed to it. My thought was perhaps because of some of other uses, protect the church from high end noise uses, alcohol uses, other establishments there first, might cause problems then, LaRue - first est there, other areas, they allow the churches, went back historically, had a couple of requests, Kirk - make church aware of what can go in and there is the footage of types of businesses. Want to be sure the applicants understand. Williams - churches moving more in residential areas and staying out of the commercial district. The Land Planning Agency discussed the proposed LDR amendment at theJuly 27, 2004 meeting and voted unanimously to recommend approval. Planning Staff is also recommendingapproval. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. D.1. a) Council Member Watford moved to read by title only proposed Ordinance No. 868 regarding Future Land Use Map Amendment No. 04-005-SSA submitted by Dan Bu hanan - City Planning Consultant (Exhibit 4); seconded by Council Member Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C) Attorney Cook read proposed Ordinance No. 868 by title only as fo lows: "AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA AMENDING THE CITYOF 0 ECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING T I E FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DES RIBED HEREIN FROM SINGLE FAMILY (SF)TO INDUSTRIAL (IND); PROVIDING FOR INC USION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSI E PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham to adopt proposed Ordinance No. 868 (Land Planning Agency does not recommend approval); seconded by Council Member Watford. b) Public comments and discussion. ** Kirk - conversation with applicant and other member. Watford, Markha , Williams. LaRue - overview of application and LPA's decision. Planning Staff Repo Summary: The subject property is currently designated Single Family on the Future Land Use Map and is zoned Residential Multiple Family (RMF) on the Zoning Map. The applicant is requesting a Small Scale Amenc ment of the Future Land Use Map, and a is simultaneously requesting a rezoning from RMF to Industrial in a eparate request. The applicant is proposing to build a repair shop/garage and service various types of equipment and implements. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with he Land Use Categories and Plan Policies. The applicants request is consistent with the currently adopted Future Land Use Element policies. (B) Concurrency of Adequate Public Facilities. The Okeechobee Utility Authority service area includes the subject property and adequate public facilities are available. ©) The requeE ted Plan Amendment is consistent with adjacent and nearby land uses. Future Land Uses to the North is Corr mercial, South and West is Single Family and the East is Industrial. Zoning to the North and West is Multiple Family, Industrial to the East and South. The property to the North and Wet are vacant. To the East is a commercial building with apartments. (D) Compliance with Specific Standards of the Plan adjacent and nearby Land Uses. Page -6- The requested Dan Amendment is consistent with Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan Goals, Objectives and Policies will support Industrial oriented uses at this location; therefore, it should be recommended that the City of Okeechobee find the application to be consistent with the Comprehensive Plan. Clerk Gamiotea reported in Exhibit Four that all fee's have been paid. All advertisements were appropriately published. The Planning Staff is recommending approval and found no justifiable reason no to approve the request. However, at the July 27, 2004 Land Planning Agency meeting, numerous property owners spoke against the land use change. The LPA voted unanimously not to recommend approval. DW - commercial still problem or good transition? Less intensive than Ind Kirk, - what is 41, 44, 7-12 Industrial Dan Buchanan, small business area, considering the area think zoning is c nsistent, small number of people 50 signatures from surrounding property owners having no objection to pr perty changing to industrial. Williams - Robert Leach, resident in community. Lived in his building, also went through community and talked with resident there and signatures of owners, not just anybody and they are opposed to the rezoning. Trying to improve community, what he wants isn't what we want, majority of people in neighborhood. Ask you all not to make you mind up, only a few, but don't want we he wants. Karen Ervin, small owner, semi truck couldn't be parked 920 NW 91' Stree . Buchanan signatures of people would not come to this meeting, he's brought in dirt in the lot and its all jun now, he has not cleaned it up. Buchanan - ervin, bought signatures, business and honest people, put there ddresses on there, I evicted here out of the house, I have improved it and will continue to improved it. Pat Grant, property owner, adjacent on west side, oppose zoning change to industrial, traffic already on that street. Children in the area, property tax decrease, lot of reasons why itshould not be rezoned, eventually people could build homes there, what is happening there, already Ind for some time, children right beside the place he wants to rezone lots, no problem with residential buildings, but not industrial, not trying to say we don't want him in the community, ask that community receive letters, strongly ask you to leave as it is. Shirley Johnson, 902 NW 11th St, live here where the request is, initiated the petition, people who live in area, all do not want you to change the zoning. John - zoning and land use changes quasi judicial, no decisions based on stow of hands, decision has to be made by planning staff report and consider the community input. DW - procedurally, motion is to adopt the ordinance, no inclined, vote no on ordinance. One of the times when not fun to be up here, %2 happy, 'Y2 upset, difficult decision, looking at this from a community as a whole, property is adjacent to RR tracks, East adjacent is IND and some has increased over the years, looking from that standpoint lead you to say appropriate use in that area. Also, residents have done a wonderful job to improve that area, all appreciate, look at, if change would add or detract from improvements that have begun there and are still in progress, also consider enhance the area or retract from it, one thing most of fail to realize, usually these type changes are painful in the beginning, seen that in many areas of the city, painful to residents in that area, normally good thing, commercial property more valuable than residential, land value benefit to community and land owners in area. Many reasons to say it makes sense, Planning standpoint, hard to justify IND next to any type of residential and that may be the overriding factor in this case, Commercial question, not quite as intense, that may even change at some point down the road. If his was a C request, have little problem with it. Hard to justify IND, I know we have that and in this area, right a cross the street to the East, hard to justify that. Haven't heard, planning staff or anyone have any commen that would make me feel more comfortable about that. Kirk, rode out and looked at property, NW 8 is like a dividing line, rest is RSF, d fficult to rezone this to IND next to homes. My concern is if we encroach in neighborhood here, then do we goon to another lot? Where is the Page -7- stop for each zoning category? Point 2, LPA recommended that we turn thi down. Point 3, how many times in the last few months people come in and buy property and then check what the use was and asked us to fix it for them. I would check out what the specific use, hope we get to a poin where we don't see these items anymore and people check what there use is when they buy the property. D n't see how I can vote to change this. Williams, I to went and looked at it. Say made good investment, just not g ing to be able to use it right now, some point and time, all property will become IND, hasn't' thrown money a ay, property values are going to cause it to happen, but now is not the time, I couldn't support it, wouldn't turn around and sell it. Markham, covered all the real points, road is a buffer in IND and RSF, weal ays look for some kind of buffer, alley, road, whatever we can, think it's a problem with not having a buffer. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X X MARKHAM X WATFORD X WILLIAMS X MOTION: denied. E.1.a) Council Member Watford moved to adopt proposed Resolution assessed costs and estimated rates - City Attorney (Exhibit Williams. b) Attorney Cook read proposed Resolution No. 04-07 by title only as 1 RESOLUTION OF THE CITY OF OKEECHOBEE FLORIDA PUF ORDINANCE NO. 748 RELATING TO THE PROVISION OF SO DISPOSAL SERVICES; SETTING FORTH BRIEF DESCRIPTIC PROVIDED; DETERMINING THE SOLID WASTEASSESSED CO; YEAR, ESTABLISHING THE ESTIMATED ASSESSMENT RAT YEAR, AUTHORIZING AND SETTING A PUBLIC HEARING TO THE PUBLIC CONCERNING ADOPTION OFAN ANNUAL RATE CITYADMINISTRATOR TO UPDATE THEASSESSMENT ROLL; NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE C) Public comments and discussion. None. Annual resolution we adopt on the garbage collection, certification of the Markham - contract with waste management? Next year we think? Before if contract change before, need to look ahead. Requested rate increase, couldn't go into effect until next tax roll. Doesn roll only. d) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. ). 04-07 regarding Solid Waste seconded by Council Member )Ilows: "A PRELIMINARYRATE SUANT TO THE SECTION 108, .ID WASTE COLLECTION AND NOFSOLID WASTE SERVICES �T FOR THE UPCOMING FISCAL FOR THE UPCOMING FISCAL CONSIDER COMMENTS FROM RESOLUTION, DIRECTING THE 4ND TO PROVIDE NECESSARY DFOKEECHOBEE; PROVIDING r one of these, need to know effect commercial, residential tax F.1. a) Council Member Watford to adopt proposed Resolution No. 04-08 regarding Solid Waste collection and annual assessment roll - City Attorney (Exhibit 6); seconded by Council Member Williams. b) Attorney Cook read proposed Resolution No. 04-08 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO Ti COLLECTION AND DISPOSAL SERVICES; CONTINUING IN COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED I THE ANNUAL RATE RESOLUTION AS PERMITTED BY OR 2004-2005; APPROVING THE PRELIMINARY RATE RESOLUT WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORI NECESSARY UNDER FLORIDA STATUTES 197.3632; PROM COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING C) Public comments and discussion. None. Cook - advertised in Okeechobee News d) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCE 7:07 P.M. VIII. MAYOR KIRK OPENED THE FIRST PUBLIC HEARING FOR COM GRANT PROGRAM AT P.M. Page -8- PROVISION OF SOLID WASTE )SITION OF THE SOLID WASTE RESOLUTION 01-08; ADOPTING NANCE 784 FOR FISCAL YEAR N; AND CERTIFYING THE SOLID k STATUTES 197.3632(4)(5) AS NG FOR PUBLIC HEARING AND IR AN EFFECTIVE DATE." RESOLUTION ADOPTION AT NITY DEVELOPMENT BLOCK A.1. a) Discuss the Community Development Block Grant (CDBG) Progran i for the Fiscal Year 2004 Funding Cycle for Economic Development - Nancy Phillips, Grant Administ -ator (Exhibit 7). Generalized hearing, city can apply for CDBG funds for economic develop ent, partner with businesses Can apply as long as other project is on schedule. Not a match Leverage dollars from partner business that you get points for, on the match. Bill Nancy brought to our attention, heads up if opportunity arises, leg up on she is looking out for us. b) Public Comments. None. MAYOR KIRK CLOSED THE FIRST CDBG PROGRAM PUBLIC IX. NEW BUSINESS. , city not required to put in competition, appreciate fact that AT 7:12 P.M. A. Discussion regarding a conflict of interest in the Community De elopment Block Grant (CDBG) Commercial Revitalization 04DB-001 project - Nancy Phillips (Exhi it 8). Nancy Phillips addressed the Council explaining as part of the CDBG progra any potential conflicts of interest. Cousin of Dowling Watford could receive interest, cannot vote on any items due to the conflict. Waiver process, we will i to sign form in Clerk's Office, City Council make a motion to request a wa cousin, of North Park Tire Center, DW - David is my cousin, doesn't claim me though, abstain from voting State Statute doesn't disclose cousin, but federal guidelines due. m, the city si required to identify funds. Disclosure his conflict of seed to follow, Watford will need ver to the DCA, David Watford on this. Motion by Williams City request waiver from DCA of the conflict of interest Tire center who is cousin of CM Watford, so that N Park Tire Ctr can receiv selected in accordance with the City C revitalization program; second by Record reflect public disclosure. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. B. Council Member Watford moved to adopt Resolution No. 04-10 attendant costs in connection with the Economic Development project - Nancy Phillips, Grant Administrator (Exhibit 9); second Attorney Cook read proposed Resolution No. 04-10 by title only as follows; FUTURE MAINTENANCE AND OTHER ATTENDANT COSTS OCCURA OF THE ECONOMIC DEVELOPMENT TRANSPORTATION FUND COMMERCE CENTER PARK INFRASTRUCTURE." Formality, what we build we will maintain as it relates to transportation. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C. Council Member Watford moved to re -schedule the 2004/05 Fiscal for September 17 @ 5:01 and September 28 @ 5:01 p.m. and timE seconded by Council Member Markham. Watford cannot attend on at 17" VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. D. Review RFP for an Impact Fee Consultant - City Administrator (Ex Kirk - say okay and they will do the rest. Bill, nothing to approve, public award, comments back to me, work with co to Bill, instructed by Mayor, significant comments, problems, bring back to Markham have the city talked about what we want to do, streets? 4 items items, school board issue addressed, school board issues have to be to ena with large RSF subdivisions coming in, school has to have there's in befor there needs are and future plans. Kirk, school system, historically same type of growth, subdivision of 700 hom sure if they have to have all this in place before it could be warranted, Impact fee in place long before you determine the need for the school mechanism in place need get the need later Page -9- of David Watford, owner of N Park e CDBG program benefits and was garding future maintenance and ansportation fund (EDTF) grant by Council Member Williams. "A RESOLUTION ACCEPTING ►NG AFTER THE COMPLETION PROJECT FOR THE CITY'S ear Budget Public Hearing dates - City Administrator (Exhibit 10); ty joint effort, email comments t council. )lored yes along with county's ,d by county or city, concerned school has to show plan what might impact them greatly, not E. Consider a request by the Okeechobee County Fire Rescue to h, Muscular Dystrophy Association on August 27 through 28, 2004 August 27-28 each day, boot drive Page -10- Id a fund raising boot drive for the Ricky Jones (Exhibit 12). Markham, what they want to do is good, start, other organizations will wan to start to sale stuff in the streets, all these fund raisers are good, not against fund raiser, just in the streets. Did last year at main intersection, no requests since then, not to say we Denny, no children, didn't impede traffic. Kirk hate to say no to a fireman, with the job they do, we're going to have should let them do this, MDA will be coming to film the fund raiser. City firefighters participate. Yes. Motion to grant request, adults only, any other stipulation Chief Davis may Official policy, staff doesn't have authority, DOT approval on state roads. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. F. Consider applications to fill the vacancy on the Planning Board/Bo Agency/Design Review Board, term beginning August 18, 2004 and (Exhibit 13). Markham - Maxwell - Williams Keep application on file for future openings, thank them both. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. G. Council Member Markham moved to reappoint Steve Padget as Pension Fund Board, term beginning October 1, 2004 and ending seconded by Council Member Watford. Appreciate his willingness to serve VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. Idn't, no problem or complaint. tell someone else no. Think we have; seconded by Watford. of Adjustment/Land Planning ling April 30, 2007 - City Clerk Trustee to the Police Officers' �eptember 30,2006 - City Clerk; H. Council Member Watford moved to approve a taxi cab business Corporation - City Administrator (Exhibit 14); seconded by Cou Travel in and out of community. Williams, going back to office, Al taxi, * Denny to handle issue VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. 1. Discussion pertaining to implementing a two-year education re -imbue J. Council Member Markham moved to authorize the Mayor to begin c Administrator - Mayor Kirk; seconded by Council Member Williams. What is the expiration date of contract 9/30/2004 VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. 7:45 P.M. fy) of (? , P Page -11- �rmit for A-1 Taxi & All County Taxi it Member Williams. caravan, mentcontract -Noel Chandler, tract negotiations with the City IV. CITY OF OKEECHOBEE AUGUST 17, 2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 5 CALL TO ORDER - Mayor: OPENING CEREMONIES: August 17, 2004 City Council Regular Meeting, 6:00 p.m. Invocation given by Pastor Charles Moscato, Abundant Blessings Assembly of God. Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea MINUTES - City Clerk. V. WARRANT REGISTER - City Administrator. A. Motion to approve the July 2004 Warrant Register. General Fund $350,151.72 Industrial Development Fund 203,232.48 Law Enforcement Fund 4,155.75 Public Facility Fund 2,500.00 CDBG Grant Fund 1,229.00 AUGUST 17, 2004 - CITY COUNCIL AGENDA - PAGE 2 OF 5 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION - Mayor. • A.1.a) Motion to read by title only proposed Ordinance No. 865, Rezoning Application No. 04-007-R, submitted by Gary Eubanks - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 865 by title only. 2.a) Motion to adopt Ordinance No. 865. b) Public comments and discussion. c) Vote on motion B.1.a) Motion to read by title only proposed Ordinance No. 866 regarding amendments to the Land Development Regulations Sections 90-103(5), 90-133(5), i. c - ritV PInnninn .nnci flfnnt 11-vhihef- b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 866 by title only. 2.a) Motion to adopt proposed Ordinance No. 866. b) Public comments and discussion. c) Vote on motion. AUGUST 17, 2004 - CITY COUNCIL AGENDA - PAGE 3 OF 5 VII. PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION CONTINUED. C.1.a) Motion to read by title only proposed Ordinance No. 867 regarding amendments to the Land Development Regulations Sections 90-283 providing for inclusion of a House of Worship in a heavy commercial zoning district - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 867 by title only. • 2.a) Motion to adopt proposed Ordinance No. 867. b) Public comments and discussion. c) Vote on motion. D.1.a) Motion to read by title only proposed Ordinance No. 868 regarding Future Land Use Map Amendment No. 04-005-SSA submitted by Dan Buchanan -City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 868. 2.a) Motion to adopt proposed Ordinance No. 868 (Land Planning Agency does not recommend b) Public comments and discussion. c) Vote on motion. E.1.a) Motion to adopt proposed Resolution No. 04-07 regarding Solid Waste assessed costs and estimated rates - City Attorney (Exhibit 5). b) City Attomey to read proposed Resolution No. 04-07 by title only. c) Public comments and discussion. d) Vote on motion. AUGUST 17, 2004 - CITY COUNCIL AGENDA - PAGE 4 OF 5 VII. PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION CONTINUED. F.1.a) Motion to adopt proposed Resolution No. 04-08 regarding Solid Waste collection and annual assessment roll - City Attorney (Exhibit 6). b) City Attorney to read proposed Resolution No. 04-08 by title only. c) Public comments and discussion. d) Vote on motion. . CLOSE PUBLIC HEARING. Vill. OPEN FIRST PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - Mayor. A.1.a) Discuss the Community Development Block Grant (CDBG) Program for the Fiscal Year 2004 Funding Cycle for Economic Development -Nancy Phillips, Grant Administrator (Exhibit 7). b) Public Comments. CLOSE PUBLIC HEARING. IX. NEW BUSINESS. A. Discussion regarding a conflict of interest in the Community Development Block Grant (CDBG) Commercial Revitalization 04DB-001 Phillim Y 1 1 B. Motion to adopt Resolution No. 04-10 regarding future maintenance and attendant costs in connection with the Economic Development Transportation fund (EDTF) grant project - Nancy Phillips, Grant Administrator (Exhibit 9). C. Motion to re -schedule the 2004/05 Fiscal Year Budget Public Hearing dates and times - City Administrator (Exhibit 10). D. Review RFP for an Impact Fee Consultant - City Administrator (Exhibit 11). E. Consider a request by the Okeechobee County Fire Rescue to hold a fund raising boot drive for the Muscular Dystrophy Association on August 27 through 28, 2004 - Ricky Jones (Exhibit 12). AUGUST 17, 2004 - CITY COUNCIL AGENDA - PAGE 5 OF 5 IX. NEW BUSINESS CONTINUED. F. Consider applications to fill the vacancy on the Planning Board/Board of Adjustment/Land Planning Agency/Design Review Board, term beginning August 18, 2004 and ending April 30, 2007 - City Clerk (Exhibit 13). G. Motion to reappoint Steve Padget as Trustee to the Police Officers' Pension Fund Board, term beginning October 1, 2004 and ending September 30,2006 - City Clerk. H. Motion to approve a taxi cab business permit for A-1 Taxi & All County Taxi Corporation - City Administrator (Exhibit 14). I. Discussion pertaining to implementing a two-year education re-imbursement contract - Noel Chander. Y Motion to authorize the Mayor to begin contract negotiations with the City Administrator - Mayor Kirk. X. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purposed may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. 0 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally ap Judy Kasten, who on oath says she is Publisher of the Okeec arm obi News, a DAILY Newspaper published at Okeechobee, Okeechobee County, Florida; that the attached copy of adv rtis ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeecho County, Florida, was published in said newspaper in the issues Dee of o` Affiant further says that the said Okeechobee News a newspaper published at Okeechobee, in said Okeech is bec County, Florida, and that said newspaper has heretofore beer published continuously in said Okeechobee County, Floridz each week and has been entered as second class mail matter ai the post office in Okeechobee, in said Okeechobee County Florida, for a period of one year next preceding the publication of the attached copy of advertisement; and of firsi ianl Further says that she has neither paid nor promised any per on, Firm or corporation any discount, rebate, commission or refund For the purpose of securing this adve isement for publican n in :he said newspaper. /J` -Z / Swo�i to a d subscr / before me this day of A.D. 20 V Notary Public, State of Florida at Lam` = Colmnl Slol Expires: B J ndt Atlantic Bor PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOACE that the City Council of the City of Okeechobee, Florida will on Tuesday; Au 17, 2004 at 6:00 p.m. or as soon thereaf- ter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, conduct a PU8L1C HEARING on and the wbr consider final reading of the follow- ingg Ordinance Into law: (NO. 865 AN ORDINANCE OF THE CITY OF 0 EECHOBEE, FLORIDA AMENDI S THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PAR ACULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME (RMN) ZONING- DISTRICT TO RESIDENTIAL SINGLE FAMILY ONE RSMI) ZDNING DISTRICT AMENDING THE ZONING MAP A000RD- NGLY, PROVIDING FOR edNFLICTS, SEVERABILITY AND AN EFFEC- TIVE DATE The Ordinance pertains to Rezoning Application No. 04-007-R submit- ted by property,ownw, Gary Eubanks, requestlng to change the Zoning Map from Resideiitlai Mobile Home tc Residential Single Family -One (RSF-1) on Lots L and K of Black 252, First Addition to fie City of Okee- chobee. Tie property is appmoumatery 1.67 acres, Is currently Vacant and located hi the 500 block of Southeast 2nd SVeet. All nembers of the public are encouraged to attend and participate in said hnspected in its entinsty by nrem, Th pubic be in tle a me CityClerkduring rag ness hours, Mon -Fri, Sam 4:30pm, except for holidays. PLEASE TAKENOTICEAND BE ADVISED that t arty person desi es to appeal achy decision made by the City Council with to arty motto considered- at1his4teadng, such Interested person wN need a raced of the proceedings, and for such purpose may need to ensue a Verbatim record of the proceedings is made, which record includes the testimony, and evidence upon which the appeal is to be based. City Clerk eyes are for the sole purpose of bacW for is records of the Clark In accordance w16 the Americans with Oisabi88ry�y Act (ADA) and Ron- da Statutes 28G.26; persons with disab0f8es hearing special accemno- dater tD partieIpate in tfusproceedmg should contact Lane Garnioea no Inter therm two (2) Wadtlng Mays prior to the roceedin0 at 863-763-3372 x215; K how" orVoice Impaired, call TDD 14MD-222�448 (voice) or 1-888-447.-5620 (TiY).'_ Lane Garnknea, CITY CLERK R. Brown 1 #DD272118 an 17, 2008 ;d Thru iding Co., Inc • EXHIBIT 1 AUGUST 17, 2004 ORDINANCE NO. 865 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME (RMH) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY ONE (RSF-1) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Flom a 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. 04-007-R) pursu ntto the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.67 acre(s) from Residential IV obile Home (RMH) Zoning District to Residential Single Family One (RSF-1) 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 inhabit nts 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. The following described land, located in the City of Okeechobee, to -wit: Lots K and L, Block 252, First Add tion to the City of Okeechobee, according to the plat thereof as recorded in Plat Book 2, Page 4A, 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 Mobile Home (RMH) Zoning District to Residential Single Family One (RSF-1) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in repealed. ict herewith are hereby Page 1 of 2 SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately u INTRODUCED for first reading and set for final public hearing James E. ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. its passage. this 3rd of August, 2004. Mayor this I rh day of August, Mayor Page 2 of 2 • LL MEMORANDUM p 1815 A To: Mayor and Council From: Lane Gamiotea, City Clerk Subject: Ordinance No. 865/Rezoning No. 04-007-R Date: August 12, 2004 This is the final public hearing regarding Ordinance No. 865 to cons No. 04-007-R. The application was submitted by Chris Close on Eubanks. ,r approving Rezoning Application half of the property owners, Gary The request is to change the zoning on Lots K and L of Block 252, City of Okeechobee Subdivision from Residential Mobile Home (RMH) to Residential Single Family -On (RSF-1). The Future Land Use designation is Single Family. • All fee's have been paid. • The ordinance was advertised in the Okeechobee News on August 6. • The Planning Board voted unanimously to recommend approval (July 27, 2004 Meeting). • Planning Staff is recommending approval • The General Services Department mailed twenty-eight courtesy notices to the surrounding property owners. There were some responses from surrounding owners. However, they did not state any objections after their questions or concerns were addressed by General Services Coordinator Vinson. • 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. At the first reading, Council Member Markham noted an error on th survey, the applicant has provided a corrected survey, noting that the street to the South is "Southeas 3`d Street" and not 4' Street. Please do not hesitate to contact me should you require any a ditional information regarding this application. Thank you. • 1375 Jackso eet, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239- 34-3366 Fax: 239-334-6384 Email: larue planning(a),att.net Staff Report Rezoning Request Prepared for: City of Okeechobee Applicant.- Close Construction Owner: Gary Eubanks From: Residential Mobile 1 Residential Single Fi Petition No. 04-007-R omes (RW to wily 1 (RSF-1) 0 Staff Report Rezoning Request Applicant: Close Construction Petition No. 04-007-R Applicant: Close Construction Applicant Address: 301 NW 4 Avenue Okeechobee, FL 34972 Applicant Phone Number: 863-467-4768 Contact Person Vikki Aaron - Agent Owner: Gary Eubanks Owner Address: 1004 SW 3 rd Ave Okeechobee, FL 34974 Future Land Use Map Single Family Singe Famiy Classification Zoning District RMH RSF Use of Property Unoccupied Mobile Home Six in le Family Homes Acreage 1.67 Access SE 2° St, SE 5h Ave and SE 6Ave Location: 500 Block of SE Second Street Legal Description: Lots K and L, Block 252, First Addition t the City of Okeechobee, according to the Plat thereof as recorded in Plat Book 2, Page 4A,Public Records of Okeechobee County, FL The applicant is requesting a rezoning from Residential M bile Home (RMH) to Residential Single Family 1 (RSF1) for property located on the 500 Block of SE 2nd Street. The subject property consists of approximately 1.6 acres and is vacant. North: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: FPL Sub Station East: Future Land Use Map Classification: Single Family Zoning District: RSF-1 Existing Land Use: - South: Future Land Use Map Classification: Single Fami Zoning District: RMH Existing Land Use: Residence {PAGE } Staff Report Applicant: Close Construction Rezoning Request Petition No. 04-007-R West: Future Land Use Map Classification: Multi -Family ZoningDistrict: RMF Existing Land Use: Residence The applicant intends to purchase the subject property in September 2004 and develop a small residential subdivision. The subdivision will consist of six (6) lots with one (1) dwelling unit on each lot. The applicant is in the process of abandoning a portion of the adjacent street and then re -platting both Lots K and L to create the six (6) lots. In the application submitted, the applicant has stated that the current zoning classification of RMH does not permit conventionally built homes and thus requests a RSF1 zoning designation. The proposed zoning district would be consistent with the Future Land Use Classification of the property. 1. The proposed use is not contrary to Comprehensive Plan No, the proposed use is not contrary to the Comprehensi Plan requirements. This property is designated Single Family on the Future Land Use ap and this rezoning will bring the zoning into consistency with the Future Land Use Me p. More specifically: Objective 1 (Future Land Use Element). { SEQ CHAPTER \h \r 1)Objective 1: The locati n of future development in the City of Okeechobee shall continue to be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and toDograDhv. Policy 2.1: The following land use designations are of managing future growth: a) Single -Family Residential. Permitted dwelling on each lot and structures accf mobile home parks and public facilitie; units per acre for residential units on ii per acre for mobile home parks. W] provided in accordance with Housing density for single family development si lished for the purpose ses are one single-family >ory to the residential use, Maximum density is four ividual lots, and six units re affordable housing is 'olicy 1.6, the maximum 11 be five units per acre. (PAGE } Staff Report Rezoning Request Objective 10 (Future Land Use Element) Ap licant: Close Construction Petition No. 04-007-R { SEQ CHAPTER I V 1}Objective 10: The City o Okeechobee shall continue to promote the various and innovative land development techniques. policy 10.1: The City shall continue to amend and e orce its land development regulations to encourage development techniques which mix and distribute land uses to accomplish the following: a) make the most efficient possible use of �xisting facilities; b) recognize and preserve distinctive natural features of the development site; c) protect environmentally sensitive areas within the site; d) preserve open space; e) meet specific needs of the City, such as affordable housing; and f) promote a sense of pride and community for its residents. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the p�blic interest. No, the proposed use will not have an adverse effect on tl e public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimen al to urbanizing land use patterns. The use seems to be appropriate for the location p oposed, and is reasonably compatible with adjacent land uses. The use is not contrary or detrimental to urbanizing land use patterns. {PAGE } Staff Report Rezoning Request t: Close Construction Petition No. 04-007-R 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 should not adversely affect property va�ues or living conditions of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The proposed use can be buffered from surrounding uses. However, it is not required to be. 7. The proposed use will not create a density pattern tha� would overburden public facilities such as schools, streets, and utility services. No, the proposed use will not overburden public facilities. 8. The proposed use will not create traffic congestion, jloo tng or drainage problems, or otherwise affect public safety. No, the proposed use will not affect public safety. 9. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, the proposed change would not grant special privilege to the owner. Staff recommends approval of the request to allow rezoni g from Residential Mobile Home (RMH) to Residential Single Family (RSF-1), permitting the applicant to develop a residential subdivision. However, all single family units must meet appropriate lot condition outlined in the Land Development Code for the Residential Singe Family One Zoning District. Submitted by: James G. LaRue, AICP Planning Consultant July 6, 2004 (PAGE } 27.2004 - Board - Page 2 of 4 =AGENDAI ACTION - DISCi3SSION YC}TE IV. NEW BUSINESS. A. Rezoning Petition No. 04-006-R. Consider a recommendation to the City This petition was not considered due to the recommendation to deny the Comprehensive Plan, Council to rezone the property located at 805 NW 9th Street from Residential Future Land Use Map Amendment. Multiple Family (RMF) to Industrial (IND). Dan Buchanan is the property owner and applicant - Exhibit 1. B. Rezoning Petition No. 04-007-R. Consider a recommendation to the City Council to rezone the property located within the 500 Block of SE 2nd Street 40 from Residential Mobile Home (RMH) to Residential Single Family -One (RSF- 1). Gary Eubanks is the property owner, Chris Close is the applicant, Vikki Aaron is acting as agent on behalf of the applicant - Exhibit 2. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Summary of Application: The applicant intends to purchase the subject property in September 2004 and develop a small residential subdivision. The subdivision will consist of six (6) lots with one (1) dwelling unit on each lot. The applicant is in the process of abandoning a portion of the adjacent street and then re -platting both Lots K and L to create the six (6) lots. In the application submitted, the applicant has stated that the current zoning classification of RMH does not permit conventionally built homes and thus requests a RSF1 zoning designation. The proposed zoning district would be consistent with the Future Land Use Classification of the property. Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed use is not contrary to the Comprehensive Plan requirements. This property is designated Single Family on the Future Land Use Map and this rezoning will bring the zoning into consistency with the Future Land Use Map. More specifically: Objective 1: The location of future development in the City of Okeechobee shall continue to be guided by the availability and efficient use of public facilities and services as well as site characteristics such as ,.nil cnnrl;t;nm and tonngranhv. Policv 2.1: The following land use designations are established for the purpose of managing future growth: (a) Single-Family�Residential. Permitted uses are one single-family dwelling on each lot and structures accessory to the residential use, mobile home parks and public facilities. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. Objective 10: The City of Okeechobee shall continue to promote the various and innovative land development techniques. Policy 10.1: The City shall continue to amend and enforce its land development regulations to encourage development techniques which mix and distribute land uses to accomplish the following: make the most efficient possible use of existing facilities; recognize and preserve distinctive natural features of the development site; protect environmentally sensitive areas within the site; preserve open space; meet specific needs of the City, such as affordable housing; and promote a sense of pride and community for its residents. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Julv 27, 2004 - Planning Board - Page 3 of 4 A(;ENDA (� ACTION-'DISCUSSIOhi IV. NEW BUSINESS. B. Rezoning Petition No. 04-007-R, continued. Planning Staff Report Analysis:, continued: Development Regulations. Yes, the use being applied for is specifically authorized under the zoning district in the Land Development Regulations. (3) The proposed use will not have an adverse effect on the public interest. No, the proposed use will not have an adverse effect on the public interest. (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. The use seems to be appropriate for the location proposed, and is reasonably compatible with adjacent land uses. The use is not contrary or detrimental to urbanizing land use patterns. (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 should not adversely affect property values or living conditions of adjacent property. (6) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The proposed use can be buffered from surrounding uses. However, it is not required to be. (7) The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the proposed use will not overburden public facilities. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No, the proposed use will not affect public safety. Planning Staff Report Summary and Recommendation: Staff recommends approval of the request to allow rezoning from Residential Mobile Home (RMH) to Residential Single Family (RSF-1), permitting the applicant to develop a residential subdivision. However, all single family units must meet appropriate lot condition outlined in the Land Development Code for the 0. There no discussion from the Agency Members and no public comment. Agency Member T. Keller motioned to recommend to the City Council to approve Rezoning Petition No. 04-007-R; seconded by Agency Member Hoover. VOTE HOOVER -YEA JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. City of Okeechobee General Services Department 55 S.E. 3r`' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: 1A Petition No. O� •U( Fee Paid: OQ Jurisdiction: 1st Hearing: 2nd Hearing: �j 3 Publication Dates: Iq i2 - 8 3- ce, Notices Mailed: Uniform Land Use Application Rezone - Special Exception - Variance Name of property owner(s): Gary Eubanks J✓ A Owner mailing address: 1004 SW 3rd Avenue Okeechobee, F 34974 P P Name of applicant(s) if other than owner (state relationship): Close Construction — buyer L I Applicant mailing address: 301 NW 4th Avenue Okeechobee, FL 34972 C A Name of contact person (state relationship): Vikki Aaron — agent N T Contact person daytime hone(s): 863-467-4768 ax:863-467-4618 ✓ Property address / directions to property: 500 Block of SE Second Street Indicate current use of property: vacant residential (mobile home Describe improvements on property, including number/type of dwellings and whether One (1) unoccupied mobile home occupied (if none, so state): Approximate number of acres: 1.67ac . Is property in a platted subdivision? Yes P Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: No R 0 P Have there been any land use applications concerning all or part of this property in nature and applicant's name: Yes. Gary Eubanks/Close Construction the last year? If so, indicate date, — street closing E R Is a sale subject to this application being granted? No T 1, 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: FP&L sub station South: Residential East:'West: Residential Existing zoning: RMH Future Land Use classification: Single Family Actions Requested: XX Rezone Special Exception Variance Parcel Identification Number: R3-21-37-35-0020-02520—OOLO & 0 61MO V I Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information incl ded 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 5500.0Q and imprisonment of up to 30 days and may result in the summary denial of this application. Chris Close June 28, 2004 Printed Name Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 0 Current zoning classification: RMg Requested zoning classificat on : RSFl R What is your desired permitted use under the proposed classification: Construction of six (6 ) E single family residences Z O N If granted, will the new zone be contiguous with a like zone? Yes E Is a Special Exception necessary for your intended use? No V ariance? No Describe the Special Exception sought: S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I O If business, briefly describe nature including number of employees, hours, noise ge eration and activities to be N 11 conducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 Gary Eubanks — Property Owner Close Construction — Applicant Applicants Statement of Interest in Gary Eubanks currently owns Lots K and L, Block 252, irst Addition to the City of Okeechobee according to the plat thereof as recorded in Plat Book2, Page 4A, Public Records of Okeechobee County, Florida. The applicant, Close Construction intends to purchase to property and construct six (6) single-family residences. The sale of the property is tentatively scheduled for September, 2004. f FILED FOR RECORD �'1r- COUNTY,Fl.A 99 MAY 26 PM 3: 39 810422PAGE2Q00 IN THE CIRCUIT COURT C JUDICIAL CIRCUIT IN ANE COUNTY, FLORJDA. :ini,i(U.d itUUE)1 "I;Ui; CLERK OF CIRCUIT COURT PROBATE CASENO:99-I9-CP IN RE: The Estate of JUDGE: JOHN E. FENNELLY LAVAR M. EUBANKS, Deceased. U C � U 7rt:: • THE FOR Ay A L-' C tr. _t On the Petition of GARY EUBANKS, for an Order Determining Homestea 9 Real Property and f'or. Summary Administration of the Estate of LAVAR M. EUBANKS, the Court findin, I that the decedent died on June 13, 1998; that all interested persons have been served proper notice of hearint: or have waived notice thereof; that the material allegations ofthe petition are true: that the decedent was doi nicilcd in Okeechobee County, Florida, At the time of decedent's death; that decedent was survived l:y one or more lineal descendants; and that at the time of decedent's death, decedent owned real property dt -scribed in the petition upon which decedent resided; that decedent's estate qualifies for summary adminis ration, it is therefore, ORDERED And AD.IUDGED: 1. THAT the following described property: Lots K and L of 13lock 252, of the town of Okeechobee, Florida as shown by the plat or sai in records or Okeechobee County, Florida. Together with a Hillcrest Mobile Horne 1DN 0261 1656G. 'ride 055621 15 1 town recorded constituted the homestead of decedent within Inc meaning of Section 4 of Article X I f the Constitution of the State of Florida: 2. THAT title to the above -described property descended to decedent's li teal descendants and that there be immediate distribution of said property to GARY EUBANKS, as to 100 i interest, free of any claims by decedent's creditors. (709!•31350 wrnl '; �• :' .` ' I If t J + N i :. Ir Watt�t�t ;t •N.fP r k ;.. a DONE. AND ORDERED this `.daY of JO N FE, copies furnished co: Circ Iudge Laura Ann Mccall, Esquire 17995•31350 ATC)I Aw' A. et0422 PA6E2001 _. 1999. �zf 7 t 1 I h 'I• „ 1 CITY OF OKEECHOBEE General Services Department 56 S.E. Third Avenue Okeechobee, FL 34974 Phone: (941) 763-3372 Fax: (941) 763-1686 Land Use Power of Attorney Name of Property Owner(s): Gary Eubanks Mailing Address: 1004 S.W. Third Avenue Okeechobee, Florida 34974 Home Telephone: Work Telephone: 63-467-1117 (Phyl iss ) Property Address: 500 Block of S.E. Second Street Property I.D. Number: R3-21-37-35-0020-02520-OOLO and 0 M0 Name of Applicant: Close Construction Home Telephone: Work Telephone: 863-467-0831 The Undersigned, being the record title owners of the real property desc the Applicant stated above the full right and power of attorney to m Okeechobee to change the land use of said property. This land use ch property, the granting of special exceptions or variances, and appeals .Services Department. It is understood that conditions, limitatio. upon the use or operation of the property. 'Misstatements upon applic in the termination of any special exception or variance and a proceed original classification. This power of attorney may be terminated statement of such termination effective upon receipt by the IN Wri-MESS WHEREOF THE UNDERSIGNED HAVE SET THIS Z6 DAY OF jc,-n c 479� 2 1� Rj��� C Own Wiy5.ess Owner Witness Before me the undersigned authority personally appeared the owaers aamt acknowledged before me that they are the owners of the real property des< the power of attorne for the purposes stated therein. Sworn and subscnb� day of , A,) 1L 19 jr Notary P�blic Commrskon Expires: )ed above, do hereby grant unto e application to the Ci.t T, of ge may include rezoning of the 'decisions of the General and restrictions may be placed on or in any hearing may result to rezone the property to the ly by a written and nnra*+7.ed HANDS AND SEALS above who upon being duly sworn )� sd above and that they executed i his r Ammo"s emission D0272755 SEAL sires March 27 2008 Gary Eubanks — Property Owner Close Construction — Applicant Legal Description Pertaining to Proposed Change n Zoning Lot L and Lot K, Block 252, First Addition to the City of Okeec obee, according to the plat thereof as recorded in Plat Book 2, Page 4A of the Public Records of Okeechobee County, Florida s T$•1 A portion of the 100 foot right-of-way (R/W) of SE 2nd Street (formerly known as Seventh Street) and a portion of the former, but now abandoned, right-of-way of the Florida East Coast Railroad Spur, lying North of, adjacent to and coincident with the North line of Lot "L" in Block 252, Plat of Block 252, Okeechobee, Florida, according to the plat thereof recorded in Plat Book 2, Page 4A of the public �ecords of Okeechobee County, Florida, being more particularly described as follows: BEGINNING at the Northwest comer of said Lot "L" in Block 252, thence proceed North along the North extension of the West line of Lot "L" in Block 252, a distance of 30.00 feet to the intersection with a line 30.00 feet North of (measured at right angles to) and parallel with the aforesaid North line of Lot "L" in Block 252 Thence departing said extended line, run East along said par llel line and the East extension thereof, a distance of 242.00 feet to the intersection wit the North extension of the East line of said Lot "L" in Block 252; Thence departing said parallel line, run South along said exte ded line, a distance of 76.10 feet to the Northeast corner of said Lot "L" in Block 252, s id comer being a point on the arc of a non -tangent curve in the Northeasterly line of said Lot "L" in Block 252, said curve is concave to the Northwest, parallel with and 10.0 feet Southerly of the center line of the aforesaid Florida East Coast Railroad Spur and s referenced by a chord distance of 127.00 feet; Thence departing said extended line, run Northwesterly along t arc of said curve and Northeasterly lot line, to a point that measures 123.55 feet East of the aforesaid Northwest corner of Lot "L" in Block 252; Thence departing said arc of curve, run West along said North e of Lot "L" in Block 252, a distance of 123.55 feet to said Northwest corner of Lot "L" in Block 252 and the POINT OF BEGINNING. F_Map • Page 1 of 1 203-7 2 r 2 R A r+ f 263 253 Q fi F 252 C 23 5 4 3 2 1 3 4 5 6 7 0 1� 5D 7D OD L 187 D E 11 • STREET } f F 252 12 r p� 5 4 3 2 1 N91 28 9 1011 12 Ko e 60 f f 4 e 210-1 5 5 4 3 2 �1 4 3 2 14A '61 g H 252.3D 47 7 A v 2.66 AC 6 +n Gary Eubanks - Property Owner Close Construction - Applicant Location sketch of subject property and surrounding area within 100' of subject property. http://www.okeechobeepa-com/GIS/F_Wp.asp 6/28/2004 • Gary Eubanks — Property Owner Close Construction — Applicant Statement of Special Reasons and Basis for The subject property is currently zoned Residential and lies within the Single Family future land use cla The applicant, Close Construction intends to purchase the purpose of developing a small residential subdivision. will consist of six (6) lots. est Home (RMH) �erty for the subdivision The existing zoning classification of Residential Mobile ome does not permit conventionally built homes. In accordance wi h the City of Okeechobee Unified Land Development Code, a change in zoning will be required to allow the proposed development. The applicant is requesting a change in zoning from the existing classification of Residential Mobile Home (RMH) to Residential Single Family-1 (RSF-1). The proposed change in zoning to the RSF-1 district is co istent with the area and compatible with the established land use pattern. Gary Eubanks — Property Owner Close Construction — Applicant Statement of Intended Use, Nature of Activities and The subject property is currently zoned Residential Mo and lies within the Single Family future land use classifi ment of Property Home (RMH) The applicant, Close Construction intends to purchase the roperty forth purpose of developing a small residential subdivision. e subdivision will consist of six (6) lots. The existing zoning classification of Residential Mobile ome does not permit conventionally built homes. The applicant is requ sting a change in zoning from the existing classification of Residential Mobile Home (RMH) to Residential Single Family-1 (RSF-1) to accommodate the proposed use. The proposed change in zoning to the SF-1 district is consistent with the area and compatible with the established land use pattern. In addition to the rezoning, the applicant is ir the process of abandoning a portion of the adjacent street. Are -plat of ots L & K will also be required to create six (6) building sites. Upon final approval of the street closing, rezoning and platting process, the applicant will begin construction of all six (6) homes. r1 Gary Eubanks — Prolefty Owner Close Construction — Applicant Statement Addressing Existing Use of Surround Immediately to the North of the subject property is a F Light sub -station. Further North are a variety of comn East of the subject property is residential development. property are residential and commercial uses. To the property is developed residentially. Property is Power and uses. To the Tolthe West of the outh of the subject 1 I 1 i n 1 � I I I N , 11 I I j l bl 1 Ga, F , , 18252-R •etissmms r. rzmomL 8O{.ICII me MWMM lu s IAM 111"M r� {�_.., • • 1 I 1 h I �• a:. 9 ' I Ulos'o1c . p..rooc �.'....,� I rcC! 1 �F -•".S ur. anr+ u r.r.n.. IrOo..A.� ' .�oao/ 1 t � �� .�oao� ,I'` .zoao j. -r I 1 � r'11f �� � • m D tly r �rj vq/ 11, V C 4 I b' cbi w t. I �• ` 1 s � �11,... il ff Mr C) wj D l j ' 1 1�1� 1 i7j r 44A. S I / a ,pp 1 I I �E p 'l� �4`. `r•I r. ��N i I ..d. � ��\4 I l� •' f 9 as ii � 1 �, I I 9� ;. er OOA wv w ..a .slat: Hill 1,0 Am IN MN k KW FMT NN 00 1D 4 IISr10-]0 PLC 1AN ow I w 18252 R ILODa �7M rw W N 4 T.�r 1T1 NW YI ♦inW M W i�11'Myly •-!�w/�. M (W wl �M • �Y h.1�.1 as r1 a CA ci C t=J y � d t=J o� 0 W O tij 1t ILODa �7M rw W N 4 T.�r 1T1 NW YI ♦inW M W i�11'Myly •-!�w/�. M (W wl �M • �Y h.1�.1 as r1 a CA ci C t=J y � d t=J o� 0 W O tij 1t TRADEI/INDS PROFESSIONAL SERVICES, INC. +� SURVEYORS AND I(APPERS w,µ r +r frlw:�d Ill 11 llt► AMW oWwkobw. rL 14M r 2.1, (M) 9N-1117 1.oNlk A. 11 Jr. (Pam 4m) The Okeechobee News P.O. Box 639, Okeechobee, Florida 349 r3 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally Judy Kasten, who on oath says she is Publisher of the Ok ippear, echob News, a DAILY Newspaper published at Okeech Okeechobee County, Florida; that the attached copy of a bee, vertis ment,, being a in the matter of � oC in the 19th Judicial District of the Circuit Court of Okeec County, Florida, was published in said newspaper in the of iobee slues Affiant further says that the said Okeechobee News i newspaper published at Okeechobee, in said Okeechobee 'ounty, Florida, and that said newspaper has heretofore uublished continuously in said Okeechobee County, Florida ach week and has been entered as second class mail matter he post office in Okeechobee, in said Okeechobee County, lorida, for a period of one year next preceding the ublication of the attached copy of advertisement; and affiant urther says that she has neither paid nor promised any person, irm or corporation any discount, rebate, commission or refund 3r the purpose ofsecuring this advertisement for publica to said newspaper. is been at first ion in L ;worn to d subscribe before me this ay f A . 20 94 lotary Public, State of orida at Large - OMMi; Expire 9�oFec"` Atlantic B PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the Cr1, Council of the City of Okeechobee Florida will on Tuesday, August 17, 2004 at 6:00 p.m. or as soon thereaf- ter possible, at City Hag, 55 SE 3rd Ave, Okeechobee R conduct a PUBLIC HFARIN6 All said hearing. members proposed pOrdinanc are ce may b to ctted in Itcenprpe�ty in members of the public in the Office of the City Clerk during regular busi- ness hours, Mon -Fri, 8am-4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appal any decision made by the City Council With respect to any matter considered at this hearing. such interested person will need a record of the proceedings, and for such purpose may need to ensdre a verbatim record of the proceedings is made, which record includes the testimony and evidence upon Which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Amedcans with Disabili Act (ADA) and Florl- da Statutes 286.26, persons with disabilities needing special accommo- dation to particiippate ui this proceeding should contact Lane Gamioaa no later than two (2) working days prior to the proceedingg at 863763-3372 x215; rt hearingg or voice unpaired, call TOD 1-800-222-3448 (voice) or 1.888-447-5620 (Tiy) Lane Gamiota, CITY CLERK 502526 ON 8/6/04 en R. Brown Sion #DD2721 IS Jan 17, 2008 ended Thru Bonding Co., Inc. • • EXHIBIT 2 AUGUST 17, 2004 ORDINANCE NO. 866 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FI ORDINANCE 716, LAND DEVELOPMENT PARTICULARLY SECTIONS 90-103(5) OF THE LAI REGULATIONS, SECTION 90,-133(5) OF THE LAI REGULATIONS, SECTION 90-163(5) OF THE LAI! REGULATIONS, AND SECTION 90-193(6) OF THE LA REGULATIONS, DELETING SPECIAL EXCEPTION STREET PARKING AND ACCESS TO A COMMERCI A COMMERCIAL ZONING DISTRICT; PROVIDING F DATE. AMENDING REGULATIONS, D DEVELOPMENT D DEVELOPMENT D DEVELOPMENT ID DEVELOPMENT ALLOWING OFF- AL ENTERPRISE IN :)R AN EFFECTIVE WHEREAS, the City Council of the City of Okeechobee, Flo 'da has adopted Ordinance Number 716 known as the Land Development[Regulations, and included requirements for parking and loading; and for off-street parking, in various zoning or use districts within the City; and WHEREAS, upon review of same, the City of Okeechobee, I through staff analysis, has determined that residential lots should not be use as accessory parking for Commercial uses; and WHEREAS, the City of Okeechobee has determined that setti g forth specific parking and off -site restrictions for commercial uses are in the best interests of the City of Okeechobee, and an appropriate and necessary proff iulgation of its authority; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and pa sed by majority vote of the City Council; and properly executed by the Mayor or d signee, as Chief Presiding Officer for the City: Section 1. Sections 90-103, 90-133, 90-163 and 9Q-193 of Ordinance No. 716 be amended as follows: Sec. 90-103. Special exception uses. The following uses and structures are permitted in the RSF-1 district afterthe issuance of a special exception use petition: (1) Boardinghouse. (2) Adult family care homes or assisted living facilities as provided by law. (3) Guesthouse, servant's quarters, or pool house, provided that the lot area shall be not less than 12,500 square feet. (4) House of worship, on a lot less than five acres. (6 5) Community center. (7 6) Indoor recreation. (6 7) Outdoor recreation. (9 8) Golf course. (4$ 9) Public utility. (++ 10)Permitted uses in excess of 30 feet in (LDR 1998, § 322; Ord. No. 781, § 1, 10-2-21 Page 1 of 3 • is Sec. 90-133. Special exception uses. The following uses and structures are permitt( issuance of a special exception use petition: (1) Boardinghouse. (2) Adult family care homes or assisted livir in the RSF-2 district after facilities as provided by law. (3) Guesthouse, servant's quarters, or pool house area shall be not less than 12,500 square feet. (4) House of worship on a lot less than five acres. (6 5) Community center. (7 6) Indoor recreation. (8 7) Outdoor recreation. (9 8_) Golf course. (40 9) Public utility. (4410)Permitted uses in excess of 30 feet in he (LDR 1998, § 332; Ord. No. 781, § 2, 10-2-200 Sec. 90-163. Special exception uses. , provided that the lot The following uses and structures are permitted in the RMH district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Adult family care homes or assisted living (2) Day care center. (3) House of worship on a lot less than five (4) Recreation vehicle park for transient reci (6-5) Community center. (7 6) Indoor recreation. (8 7) Outdoor recreation. (9 8) Golf course. (4,02) Public utility. (LDR 1998, § 342; Ord. No. 781, § 3, Sec. 90-193. Special exception uses. as provided by law. use only. The following uses and structures are permitted in the RMF district after issuance or a special exception use petition and may have additional conditions imposed at the time of approval: (1) Guesthouse, provided that the lot area square feet. (2) Boardinghouse. (3) Group home. (4) Day care center. (5) House of worship, on a lot of less than (7 6) Community center. (8 7) Indoor recreation. (9 8) Outdoor recreation. (40 9) Public utility. (+10)Permitted uses in excess of 45 feet in hE (4211)Residential migrant housing facility. (4D12)Adult family care homes or assisted living (LDR 1998, § 352) Page 2 of 3 be not less than 12,500 acres. as provided by law. • Section 2. Conflict. All ordinances or parts of ordinances in conflict he Section 3. Severability. If any provision or portion of this ordinance is declare( jurisdiction to be void, unconstitutional, or unenfori provisions and portions of this ordinance shall remain Section 4. Effective Date. This Ordinance shall take effect immediately upon its INTRODUCED for first reading and set for final public hearing ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hear 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney are hereby repealed. by any court of competent )able, then all remaining i full force and effect. on this 3'd of August, 2004. James E. Kirk, Mayor ing this 17t' day of Au ust, James E. Kirk, Mayor Page 3 of 3 - _ u ,04 an Planning Agencypage 3 of 6 IV. New Business, continued. 0 • A. Comprehensive Plan, Future Land Use Map Amendment Application No. 04-005- SSA, continued. B• LDR Amendment. Consider a recommendation to the City Council to amend Section 90-103 (5) of the Land Development Regulations specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district - Exhibit 2 - City Planning Consultant. C. LDR Amendment. Consider a recommendation to the City Council to amend Section 90-133 (5) of the Land Development Regulations specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district - Exhibit 3 - City Planning Consultant. Agency Member T. Keller motioned to recommend to the City Council to deny Petition 04-005- SSA due to being inconsistent with the Com h pre Hoover. ensive Plan; seconded by Agency Member VOTE HOOVER - YEA JONES-YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Jim LaRue briefly explained the request. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to the City Council to amend section 90-103 (5) specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district; seconded by Agency Member T. Keller. VOTE HOOVER - YEA JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Jim LaRue briefly explained the request. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to the City Council to amend section 90-133 (5) specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district; seconded by Agency Member T. Keller. 27, 2004 - Land IV. New Business, continued. C. LDR Amendment. Consider a recommendation to the City Council to amend - Section 90 133 (5), continued. D. LDR Amendment. Consider a recommendation to the City Council to amend Section 90-163 (5) of the Land Development Regulations specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district - Exhibit 4 - City Planning Consultant. VOTE HOOVER - YEA JONES - YEA K. YELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Jim LaRue briefly explained the request. There was no discussion from the Agency Members and -no public comment. Agency Member Hoover motioned to recommend to the City Council to amend section 90-163 (5) street parking and access to a commercial enterprise in a commercial specifically regarding off - zoning district; seconded by Agency Member T. Keller. E. LDR Amendment. Consider a recommendation to the City Council to amend Section 90-193 (6) of the Land Development Regulations specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district - Exhibit 5 - City Planning Consultant. VOTE HOOVER - YEA JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Jim LaRue briefly explained the request. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to the City Council tenamensection 90-193c al specifically regarding off-street parking and access to a comet enterprise ommer zoning district; seconded by Agency Member T. Keller. July 27 2004 - Land Planning Agency - Pa e 5 of 6 AGENDA _ __ _ .. ACTION-,uDISCLFSION -ybT W. New Business, continued. E. LDR Amendment. Consider a recommendation to the City Council to amend VOTE Section 90-193 (6), continued. HOOVER - YEA JONES-YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. F. LDR Amendment. Consider a recommendation to the City Council to amend Section 90, Article 3, Division 8 of the Land Development Regulations specifically regarding churches in a Heavy Commercial zoning district- Exhibit 6 - City Planning Consultant. Jim LaRue briefly explained that a church is not listed as a permitted use or special exception use in Heavy Commercial zoning district. Mr. LaRue recommended that it be listed as a special exception use. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to the City Council to amend Section 90, Article 3, Division 8 specifically regarding churches in a Heavy Commercial zoning district; seconded by Agency Member T. Keller. VOTE HOOVER - YEA JONES-YEA K. KELLER - YEA LEDFERD - YEA MOTION CARRIED. G. LDR Amendment. Consider a recommendation to the City Council to amend Attorney Cook briefly explained the request. He recommended that under a change of ownership, Section 90, Article 2 of the Land Development Regulations specifically regarding leasing to anew tenant, or change of use all non -conforming structures be brought up to code. nonconforming structures - Exhibit 7 - Attorney Cook. There will be added language regarding special cases or considering exceptions on a case by case basis. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to City Council to amend Section 90, Article 2 of the Land Development Regulations specifically regarding nonconforming structures; seconded by Agency Member T. Keller. • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appean Judy Kasten, who on oath says she is Publisher of the Okeec ioh News, a DAILY Newspaper published at Okeechobee, Okeechobee County, Florida; that the attached copy of adv rtis meat, being a in the matter of _41 L in the 19th Judicial District of the Circuft Court ofOkeechobee County, Florida, was published in said newspaper in the issues of U Affiant further says that the said Okeechobee News is h newspaper published at Okeechobee, in said Okeechobee ounty, Florida, and that said newspaper has heretofore been rublished continuously in said Okeechobee County, Flo ida !ach week and has been entered as second class mail matu r at he post office in Okeechobee, in said Okeechobee Cou ty, -lorida, for a period of one year next preceding the first rublication of the attached copy of advertisement; and aff ant urther says that she has neither paid nor promised any per on, irm or corporation any discount, rebate, commission or refund or the purpose of securing this advertisement for publication in he said newspaper. % iwor�o a subscri before me this lay of A.D. 20 4otary Public, State of Florida at Large V°ua�;; °=C arm m F�.OQ: xpi "" tl 8/nMui.uh A"Ic PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, August 17, 2004 at 6:00 p.m. or as soon thereaf- ter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, conduct a PUBLIC HEARING on and thereafter consider final reading of the fo8ow- ingg Ordinance into law: (N0. I AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDIIG ORDINANCE NO.716, LAND DE- VELOPMENT REGULATIONS, PARTICULARLY ARTICLE III, DIWSNNI 8, SECTION 90-283 SPECIAL EXCEPTION USES, PROVIDING FOR INCLU- SION OF HOUSE OF WORSHIP; PROVIDING FOR AN EFFECTIVE DATE. All members of the public are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in its nentlrety by members of the public in the Office of the City Clerk during regular busi- ness hours, Mon,Fd, 8am-4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that f any person desires to appeal any decision made by the City Council with resppeecctt to arty matter considered at this hearing, such interested person willneetd 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 Msdmony and evidence upon which the appeal is to be based. Cty Clerk tapes are for the sole purpose of backup for official records of the Cleric. In accordance with the Americans wdtf Dlsabift Act (ADA) and Flori da Statutes 286.26, persons with disabilities needing special accommo- dation to particdpate m this proceeding should contact Lane Gamfolea no later than two ( ) working days prior to the proceed'mg at 863-763-3372 x215; t hearing or voice impaired, call TO 1-800-222-3448_(voice) or 1-888-447-5620 (TTY). Lane Gamiotea, CITY CLERK en R. Browi, mission #DD272118 Tres: Jan 17, 2008 Bonded Thru antic Bonding Co., Inc. • EXHIBIT 3 AUGUST 17, 2004 ORDINANCE NO. 86-7 AN ORDINANCE OF THE CITY O p KEECHOBEE, N ORDINANCE NO- 716, LAN PARTICULARLY ARTICLE III, DIVISION 81NC USII EXCEPTION USES, PROVIDING WORSHIP; PROVIDING FOR AN EFFECTIVE DATI WHEREAS, the City Council of the City of Okeechobee, r- Number 716 known. as xce tons or districts evelopmen requirements for special P on review of same, the City of Okeecn, WHEREAS, up determined that additional special exception uses within these regulations; and WHEREAS, the City of Okeechobee has determined exception uses are in ahe best interests Of appropriate and necessary promulgation of Its NOW THEREFORE, be it ordain advertised d by the public c meeting;ity ) ar of presented at a duly adve P City Council; and properly executed by the Mayoi Officer for the City: Sect Sections 90-283 Special Sec. 90-283. Special exception uses. The following uses and structures are issuance of a special exception use conditions imposed at the time of apprc (1) Drive -through service. (2) Auto service station, car wash. (3) Wholesale, warehouse not incl liquids. (4) Enclosed warehouse and storag4 (5) Outdoor sales and storage, build (6) Flea market. (7) Mechanical and repair services. (8) Commercial outdoor recreation. (9) Veterinary service. (10) Crematory. (11) Marina, dock, pier. (12) Recreational vehicle park, for trr (13) Radio, television or cable reci facilities. (14) Public facility or use. (15) Public utility. (16) Permitted uses in excess of 45 (17) One dwelling unit per comm bedrooms or 800 square feet. (18) Outdoor vehicle sales lot. I9 House of Worship. (LDR 1998, § 382) 2IDA AMENDING REGULATIONS, 90-283 SPECIAL OF HOUSE OF rida has adopted Ordinance Regulations, and included ithin the City; and , though staff analysis, has ild be specifically addressed setting forth additional special City of Okeechobee and an he City of Okeechobee, Florida; i passed by majority vote of the or designee, as Chief Presiding Uses be amended as follows: d in the CHV district after and may have additional bulk storage of flammable trades contractor. recreation use. transmission or operational in height. it building, not exceeding two Page 1 of 2 EXHIBIT 3 AUGUST 17, 2004 ORDINANCE NO. 867 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMEN REGULATIONS, PARTICULARLY ARTICLE III, DIVISION 8, SECTION 90-283 SPECIAL EXCEPTION USES, PROVIDING FOR INCLUSION OF HOUSE OF WORSHIP; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Okeechobee, Flo ida has adopted Ordinance Number 716 known as the Land Development liegulations, and included requirements for special exceptions or use districts within the City; and WHEREAS, upon review of same, the City of Okeechobee though staff analysis, has determined that additional special exception uses shOL Id be specifically addressed within these regulations; and WHEREAS, the City of Okeechobee has determined that setting forth additional special exception uses are in the best interests of the Ci of Okeechobee and an appropriate and necessary promulgation of Its author"; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and pE ssed by majority vote of the City Council; and properly executed by the Mayor or c esignee, as Chief Presiding Officer for the City: Section 1. Sections 90-283 Special Exception Sec. 90-283. Special exception uses. The following uses and structures are per issuance of a special exception use pet conditions imposed at the time of approval: (1) Drive -through service. (2) Auto service station, car wash. (3) Wholesale, warehouse not including liquids. (4) Enclosed warehouse and storage. (5) Outdoor sales and storage, building tra (6) Flea market. (7) Mechanical and repair services. (8) Commercial outdoor recreation. (9) Veterinary service. (10) Crematory. (11) Marina, dock, pier. (12) Recreational vehicle park, for transient (13) Radio, television or cable reception, facilities. (14) Public facility or use. (15) Public utility. (16) Permitted uses in excess of 45 feet in 1 (17) One dwelling unit per commercial t bedrooms or 800 square feet. (18) Outdoor vehicle sales lot. House of Worship. (LDR 1998, § 382) be amended as follows: d in the CHV district after and may have additional k storage of flammable contractor. ;reation use. nsmission or operational sight. ilding, not exceeding two Page 1 of 2 • Section 2. Conflict. All ordinances or parts of ordinances in conflict Section 3. Severability. If any provision or portion of this ordinance is decla jurisdiction to be void, unconstitutional, or uneni provisions and portions of this ordinance shall remE Section 4. Effective Date. This Ordinance shall take effect immediately upon its are hereby repealed. 1 by any court of competent ceable, then all remaining in full force and effect. passage. INTRODUCED for first reading and set for final public hearing on this 3'd of August, 2004. ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor this 17t' day of August, ,,ames C. RirK, Mayor Page 2 of 2 27.2004 - Land 5of6 IV. New Business, continued. E. LDR Amendment. Consider a recommendation to the City Council to amend Section 90-193 (6), continued. F. LDR Amendment. Consider a recommendation to the City Council to amend Section 90, Article 3, Division 8 of the Land Development Regulations specifically regarding churches in a Heavy Commercial zoning district- Exhibit 6 - City Planning Consultant. VOTE HOOVER - YEA JONES-YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Jim LaRue briefly explained that a church is not listed as a permitted use or special exception use in Heavy Commercial zoning district. Mr. LaRue recommended that it be listed as a special exception use. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to the City Council to amend Section 90, Article 3, Division 8 specifically regarding churches in a Heavy Commercial zoning district; seconded by Agency Member T. Keller. VOTE HOOVER - YEA JONES-YEA K. KELLER - YEA LEDFERD - YEA MOTION CARRIED. G. LDR Amendment. Consider a recommendation to the City Council to amend Attorney Cook briefly explained the request. He recommended that under a change of ownership, Section 90, Article 2 of the Land Development Regulations specifically regarding leasing to anew tenant, or change of use all non -conforming structures be brought up to code. nonconforming structures - Exhibit 7 - Attorney Cook. There will be added language regarding special cases or considering exceptions on a case by case basis. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to City Council to amend Section 90, Article 2 of the Land Development Regulations specifically regarding nonconforming structures; seconded by Agency Member T. Keller. • The Okeechobee News P.O. Box 639, Okeechobee, Florida 3, (863) 763-3134 Published Daily STATE OF FLORJDA COUNTY OF OKEECHOBEE Before the undersigned authority personally Judy Kasten, who on oath says she is Publisher of the 01 News, a DAILY Newspaper published at Okeecl Okeechobee County, Florida; that the attached copy of ment, being a in the chatter of IS in the 19th Judicial District of the Circuit Court of Okeec County, Florida, was published in said newspaper in the of , in Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeecf obee County, Florida, and that said newspaper has heretofore bee published continuously in said Okeechobee County, FI rid each week and has been entered as second class mail mat er a the post office in Okeechobee, in said Okeechobee Co nty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and a fiant further says that she has neither paid nor promised any pe son, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publicati n in the said newspaper. 1 J me this day of Notary Public, State of Florida at A.D. 20 8/n Kw:* Alit CONSID PUBLIC BTION OF ADOPTfNG A Crry ORDINANCE The Ordinance pertains to an Application (No. 04-b05-SSA) request- ing to amend a pordw of the Comprehensive Plan Future Lard Use Map made by the property owner, Dan Buchanan. The owner is requesting to change Lots 1 and 2 of Block 44, City of Okeechobee, from Residential to Industrial. The progeny is approdmatety 0.3213 in acres, is currently va- cant and located at 805 Northwest 9th Street All members of the public are encouraged 6 attend and participate in said hearing. The pro rsed Ordinance may be inspected in Its entirely by members of the puDllioo m ttie Office of the CKy Clerk during regular busi- ness hours, Mon-Fd, '8am-4:3Opm, except for holld*. R EASE TAKE NOTICE AND BE ADVISED that If any person desires to appeal an decision on made by the Cfty,Councif with r�pectto any matter consithe proceedings, and such h interested person wi8 need a record of recto ensure a verbatim ord of the proceedings is made, wh h rreecard includes the testimony and evidence upon which the ap is to be based. City Clerk tapes are for the sole purpose of backup to ol0cial records of the Clerk In accordance with the Americans with Disability Act (ADA) and Rori- da Statutes 286.26. persons rowiittheddinsabilitles needing special aceommo- to Gamiotea no later than (?,ate 2) woddnq ad ys prior to th pracwftg�at 863-763-33 2 x215; if heart or voice Impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 - Lane Gamiotea, Cf1Y'CLERK 502500 ON 8/6/04 en R. Brown COMIT ission #DD272118 tiz Expi es: Jan 17, 2008 onded Thru Adam c Bonding Co., Inc: • • EXHIBIT 4 AUGUST 17, 2004 ORDINANCE NO. 868 AN ORDINANCE OF THE CITY OF OKEECHOBEE, F ORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 636 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO INDUSTRIAL (IN ); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR A14 EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 04-005-SSA) for a small-scale amendment to the Future Land Jse Element of the City's Comprehensive Plan, and said application(s) being r viewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with th a Comprehensive Plan and appropriate to the future land uses within the City; an WHEREAS, the City has agreed with the recommendations o the Land Planning Agency that the proposed application(s) complies with the requ rements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council 1 Florida; presented at a duly advertised public meeting; of the City Council; and properly executed by the M Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Development Activities Comprehensive Plan Amen 163.3187, and shall be effective within the City limits Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Aci Amendment is adopted pursuant to the provisions of Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE 1. The following described land consisting of app hereby redesignated for purposes of the Future Okeechobee Comprehensive Plan: a. Application No. 04-005-SSA, from Sinc Legal Description of Subject Property is it the City of Okeechobee, ind passed by majority vote iyor or designee, as Chief Okeechobee Small Scale dment," pursuant to F.S. A the City of Okeechobee, Comprehensive Plan rer 163.3187, Part II, USE MAP. itely 0.3213 acre(s) is Use Map of the City of Family to Industrial. The follows: Page 1 of 2 • Lots 1 and 2, Block 44, City of Okeech thereof recorded in Plat Book 5, P< Okeechobee County, Florida. SECTION 4. INCLUSION OF ORDINANCE LAND USE MAP IN THE COM It is the intention of the City Council of the City of Ok4 hereby provided, that the provision of the Ordinance, Future Land Use Map more particularly described as City of Okeechobee, March 19, 1991, as amended 0 incorporated herein by reference, shall become and of Okeechobee Comprehensive Plan (City of Okeect as amended). SECTION 5. SEVERABILITY. >, according to the plat 5, Public Records of REVISED FUTURE PENSIVE PLAN. ;hobee, Florida and it is id the revisions to the uture Land Use: 2000 ember 6, 1994", which is made a part of the City gee Ordinance No. 635, If any provision or portion of this ordinance is declarec by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No� 868 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 1 day of —August, 2004. ATTEST: Lane Gamiotea, City Clerk ADOPTED after first reading on the 17t' day of August, ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 • MEMORANDUM <1815 To: Mayor and Council From: Lane Gamiotea, City Clerk Subject: Ordinance No. 868/Future Land Use Map Amendment No. 04-005-SSA Date: August 12, 2004 This is the final public hearing regarding Ordinance No. 868 to consider approving Comp Plan Small Scale Future Land Use Map Amendment Application No. 04-005-S A. The application was submitted by the property owner Dan Buchanan. The request is to change the land use on Lots 1 and 2 of Block 44, City of Okeechobee Subdivision from Single Family to Industrial. The property is located at 805 Northwest 9th Street. • All fee's have been paid. • The ordinance was advertised in the Okeechobee News on Aug • The Planning Staff found the application to be in compliance recommended approval. However, the Land Planning Agency voted see attached July 27, 2004 Meeting minutes. • Due to this being a small scale (less than 10 acres) amendment to the surrounding property owners, nor post a sign on the property Please do not hesitate to contact me should you require any application. Thank you. st 6. ,ith the Comprehensive Plan has inanimously to recommend denial it is not necessary to mail notices litional information regarding this 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 2-334-3366 Fax: 239-334-6384 Email:l e-nlanningnatt_net Staff Report— Small Scale Comprehensive Plan Amendment Prepared fog: Applicant: From: The City of Oka Dan Buchanan Residential to Petition No. 04-005-SSA • Staff Report Small -Scale comprehensive Plan Amendment Address: lica t Phone Number: Owner: Dan Buchanan 9237 S. E. 60 Drive Okeechobee, FL 34972 (863) 634-8700 Same as Above :)plicant: Dan Buchanan Petition No. 04-005-SSA Single Family inaus nal Future Land Use Map g y Classification Zoning District Residential Multiple Industrial (IND) Family (RMF) Use of Property Vacant Re a r Shop/Garage Acrea e .3213 Access NW 8 Avenue Location: 805 NW 9tn St. Okeechobee, FL 34972 Legal Description: Lots 1 and 2, Block 44, City of Okeechobee, Records of O rechobee County, Florida. ding to the plat there of recorded in Plat Book 5, Page5, Public Re The applicant is requesting a Small -Scale Comprehensive Plan Amendment from Single - Family to Industrial. North: Future Land Use Map Classification: uommercizu ResidentialMulti-Family (RMF) Zoning District: Vacant Cornmercial Building Existing Land Use: East: Future Land Use Map Classification: Industrial Zoning District: Industrial Commercia Building w/ Existing Land Use: Apartments South: Future Land Use Map Classification: Single Fa Zoning District: Industrial Existing Land Use: Residenti West: Future Land Use Map Classification: Single Fa Zoning District: Residenti Existing Land Use: Vacant L y Railroad Tracks Multi -Family (RMF) {PAGE } C] Staff Report Small -Scale Comprehensive Plan Amendment The subject property is currently designated Single Famil: Map and is zoned Residential Multiple Family (RMF) on applicant is requesting a Small Scale Amendment of the I is simultaneously requesting a rezoning from RMF to Ind The applicant is proposing to build a repair shop/garage a equipment and implements. A. Consistency with the Land Use Categories and The applicant request is consistent with the currently Element policies. B. Concurrency of Adequate Public Facilities The Okeechobee Utility Authority service area adequate public facilities are available. C. Compatibility with Adjacent and Nearby Land U The requested Plan Amendment is consistent with adj D. Compliance with Specific Standards of the Plan. Applicant: Dan Buchanan Petition No. 04-005-SSA on the Future Land Use ie Zoning Map. The iture Land Use Map, and a strial in a separate request. d service various types of Policies. Future Land Use the subject property and t and nearby land uses. The requested Plan Amendment is consistent with adjcent and nearby Land Uses. The existing Comprehensive Plan Goals, Objectives and olicies will support Industrial oriented uses at this location; therefore, it should be recommended that the City of Okeechobee find the application to be consistentwith the Comprehensive Plan. Maps or Diagrams Submitted by: James G. LaRue, AICP July 9, 2004 {PAGE } Julv 27.2004 - Land - Paee 2 of 6 CDA �I IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 04-005- SSA. Consider a recommendation to the City Council, to change the land use designation from Single -Family to Industrial. The subject property is located at 805 NW 9th Street. Dan Buchanan is the property owner and applicant - Exhibit 1 - City Planning Consultant. -VOTE Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property is currently designated Single Family on the Future Land Use Map and is zoned Residential Multiple Family (RMF) on the Zoning Map. The applicant is requesting a Small Scale Amendment of the Future Land Use Map, and a is simultaneously requesting a rezoning from RMF to Industrial in a separate request. The applicant is proposing to build a repair shop/garage and service various types of equipment and implements. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. The applicants request is consistent with the currently adopted Future Land Use Element policies. (B) Concurrency of Adequate Public Facilities. The Okeechobee Utility Authority service area includes the subject property and adequate public facilities are available. (C) Compatibility with Adjacent and Nearby Land Uses. The requested Plan Amendment is consistent with adjacent and nearby land uses. (D) Compliance with Specific Standards of the Plan. The requested Plan Amendment is consistent with adjacent and nearby Land Uses. Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan Goals, Objectives and Policies will support Industrial oriented uses at this location; therefore, it should be recommended that the City of Okeechobee find the application to be consistent with the Comprehensive Plan. Surrounding Property Owners Alma Grace, Shirley Johnson, Patricia Grant, and Robert Leach expressed concerns with the proposed Industrial Future Land Use Category. They are working very hard to clean up their neighborhood, and a mechanical and repair shop will be an eyesore to the community. There are also residential homes on both sides of this property, they do not feel that Industrial is an appropriate use for this neighborhood. Dan Buchanan, applicant, explained that he has already begun making improvements to the property. The property looks better now than it ever has, and he plans to keep it that way. He explained that there will be minimal traffic impacts to the area, and there will not be junk cars sitting around to make the neighborhood look bad. There was a brief discussion between the Agency Members, Jim LaRue, and the City Attorney. The recommendation to approve or deny must be made due to the consistency or inconsistency with the Comprehensive Plan. • Julv 27. 2004 - Land Planning Agency - Page 3 of 6 IV. New Business, continued. E is A. Comprehensive Plan, Future Land Use Map Amendment Application No. 04-005- Agency Member T. Keller motioned to recommend to the City Council to deny Petition 04-005- SSA, continued. III SSA due to being inconsistent with the Comprehensive Plan; seconded by Agency Member Hoover. B. LDR Amendment. Consider a recommendation to the City Council to amend Section 90-103 (5) of the Land Development Regulations specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district - Exhibit 2 - City Planning Consultant. C. LDR Amendment. Consider a recommendation to the City Council to amend Section 90-133 (5) of the Land Development Regulations specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district - Exhibit 3 - City Planning Consultant. VOTE HOOVER - YEA JONES-YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Jim LaRue briefly explained the request. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to the City Council to amend section 90-103 (5) specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district; seconded by Agency Member T. Keller. VOTE HOOVER - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Jim LaRue briefly explained the request. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to the City Council to amend section 90-133 (5) specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district; seconded by Agency Member T. Keller. 0 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: y a I oC0 i n`1 Pet Fee Paid: f)M no Jur. Ist Hearing �' a- O� 2nc Publication Dates:LPA: r1/9t D/i4_..�� Notices Mailed: WA tion No. sdiction: LQ P' Hearing: Comprehensive Plan Map Amendment Application Please Check One: " Small Scale Amendment (Under 10 Acres) — Large Scale Am ndment (Over 10 Acres) J Nameof property owner(s): -banOwner mailing address:. q a �j`� `}%1 D l� f e- 0k Name of applicant(s) if other than owner (state relationship): L C Applicant mailing address: Sa..me- o- s 0..boqe, A N Name of contact person (state relationship): DoLn baCo-h Te 11 - I — Contact 02 ✓!I Property address / directions to property: P R O P R T Y Parcel Identification Number: 3.-1 J - ;7-35 Size of the Property (in acres): , 2)a 3 Current Zoning Designation: R D- obee, rr-3ya-a Fax: Current Future Land Use Designation: V)fs&-h ad Existing Use of the Property: V " -f - LDt:S Proposed Future Land Use Designation: -J�rld U'�-n' FQescniption Use of the P operty: bCc j Ip� a /��Ot l i- shop' ctIGZC{� SeN'CE e�a anV e lP GJJi e a�nc1 rna�n � � ed c� f of Surrounding Properties: MOr�A: Vgaf 6mme4ri0. 61doa-rYWJ6S cc�Sf : Cor�rne�ial �le� O wi f5,Urea n-�- 1 of-- ` ' Legal Descriptio of the Property (Lengthy Description May be Attached',: 81ocjc q� DKeech obee aeeord14 f a # �/0' � recorded iA�I PI Oo0k- Pa e S u.b1;C- reco 0jC-Yk Thobee • Required Attachments Survey of Property (11" x 14", 20" Scale) Application Fee (non-refundable) City Location Map Letter Outlining Request Notarized Letter of Owner's Authorization Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The'information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and result in the summary denial of this application. 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M � I2 2 o In Im m $I o �I mmz mm a oc L r->ilnc >m zn m o m noyanivmm Z n,4Wn m o ¢ <m sm c»msD�-DD ;m OMQ o q W !U �NmN»oov m oo� so nn-nsoowm cmnmv� » 6 D m o mmn, zo nb n� �1I:n yb H m �o m a ma< �nc'bo -1 x c oo < mod n -ow= - n o man qmn `oo mammi�m si In2 x2x m_ oon-o. o ° my= o om �» > h 00 o n C a om zo• n' m' o .', b .� YC n� oa_o x o 0 m m ja pF m o m » nm z so � > U) D - nio m- D �o D 13 6t Ip n • WE THE UNDERSIGNED by our signatures below, state th thuestof DANNY BUCHANAN for the proper We understand that the rf made to rezone the property from residential to commercial/in zoning change for that property is appropriate considering the other factors in the area. COUNTRY FEED we have no objection to located at ming request is being istrial and agree that the iture of property and INTERNATIONAL, INC. Fa"UfPMent Co., loco • WE THE UNDERSIGNED by our signatures below, state that we have no objection to the it g re uest of DANNY BUCHANAN for the propertlocated at We understand that the re oning request is being made to rezone the property from residential to commercial/industrial and agree that the zoning change for that property is appropriate considering the nature of property and other factors in the area. GILBERT OIL COMPANY 303 NW. 9th ST. OKEECHO EE, FL 34972 (863) 763-0666 3 ����vE I 0 WE THE UNDERSIGNED by our signatures below, state that we have no objection to the rezoning request of DANNY BUCHANAN for the property located at . We understand that the re oning request is being made to rezone the property from residential to commercial/ind strial and agree that the zoning change for that property is appropriate considering the nature of property and other factors in the area. c 1Z' fir-'L'WC—Z _c r 7 �Jw dig � i / • WE THE UNDERSIGNED by our signatures below, state th the rezoning request of DANNY BUCHANAN for the proper . We understand that the r( made to rezone the property from residential to commercial/ir zoning change for that property is appropriate considering the other factors in the area. ti we have no objection to located at )ring request is being tstrial and agree that the iture of property and � a`1.� MCdQ4►� Qkee . 1P1--1Ir., 0 WE THE UNDERSIGNED by our signatures below, state th the rezoning request of DANNY BUCHANAN for the proper . We understand that the rE made to rezone the property from residential to commercial/ir zoning change for that property is appropriate considering the other factors in the area. ` ' Qkv�nk4 - Amit Wks we have no objection to located at ming request is being istrial and agree that the iture of property and Cc' i i oe 4r'A- 5� � )V�, 4 9A & - WE THE UNDERSIGNED by our signatures below, state tl: the rezoning request of DANNY BUCHANAN for the proper . We understand that the r; made to rezone the property from residential to commercial/ir zoning change for that property is appropriate considering the other factors in the area. }-� we have no objection to located at >ning request is being istrial and agree that the iture of property and • ATTENTION ALL CONCERNED CITIZENS MEETING: AUGUST 17, 2004 TIME: 6:OOP PLACE: CITY HALL WE THE CITIZENS OF DEAN' S COURT OPPOSE THE PETITION OF DAN BUCHANAN TO CHANGE THE PROPERTY ON NW 9Tx STREET FROM RESIDENTIAL TO INDUSTRIAL. NAME ADDRESS -A,e N John � �/� 6(, n t C-o p� co(o ri-tA) 4 v //7p � �' ATTENTION ALL CONCERNED CITIZENS i MEETING: AUGUST 17, 2004 TIME: 6:001 PLACE: CITY HALL WE THE CITIZENS OF DEAN' S COURT OPPOSE THE PETITION OF DAN BUCHANAN TO CHANGE THE PROPERTY ON NW 9THSTREET FROM RESIDENTIAL TO INDUSTRIAL. NAME ADDRESS m b s 70 61"bZ /it s-r s�- a�b n�� �/- 4k • ATTENTION ALL CONCERNED CITIZENS MEETING: AUGUST 17, 2004 TIME: 6:00 PLACE: CITY HALL WE THE CITIZENS OF DEAN' S COURT OP_ PETITION OF DAN BUCHANAN TO CHAN, PROPERTY ON NW 9Tx STREET FROM RE INDUSTRIAL. LNAME ✓1 LAJj _ �Qr ADDRESS ef"f yI '-t) E C:�'0�, I"d OSE THE E THE IDENTIAL TO g01, n,.acc"k5 qn'? '�J,ul,I - 4 5 r` .pK /V sCI-kT� po'p �C A(u e f 4 qoz 1 1 rid �D,3 NO �)o V P� 11khS�l�Ree1� L' ATTENTION ALL CONCERNED CITIZENS MEETING: AUGUST 17, 2004 TIME: 6:OOPl PLACE: CITY HALL WE THE CITIZENS OF DEAN' S COURT OPP SE THE PETITION OF DAN BUCHANAN TO CHANG THE PROPERTY ON NW 9' STREET FROM RES. DENTIAL TO INDUSTRIAL. NAME �iuKt Blot/ AQLO-g , -7-R ADDRESS f 1/ 4/4,/ 11 iv w qua N-,,w � 19, bl t'� ,� 19- 4,4 � �. 9i y N, w , iz P`r6 ,,"/ t? ..,I, j I to u w- 1 H" S—� t—ci 2V�AfV1I%- 5,'1;c-T 11 ATTENTION ALL CONCERNED CITIZENS MEETING: AUGUST 1792004 TIME: 6:00 PLACE: CITY HALL WE THE CITIZENS OF DEAN' S COURT OP OSE THE PETITION OF DAN BUCHANAN TO CHANGE THE PROPERTY ON NW 9THSTREET FROM RE IDENTL4 L TO INDUSTRIAL. NAME �E�D� S- l�N�ILGc�S 1,c) ADDRESS -7 uz-4 ;o ci I io .Wl. kOkS� 117 1/7 27 u n� t The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuft Court of Okeechobee County, Florida, was published in said newspaper in the issues of �\ a�\C 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 advertis n e t for publication in the said newspaper. 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Y o Y Gtc� d = �.3 c ° �. ° ° E ` M 0—[ij � a� a� — a� Y .. c0 cn CL iy+- co 0o c LYYcn-3>, c�E.i,v, a�a,� :�� -0 oG �30���v oo�3cvLia���EvLu_ ,, c rs :� coEn EO 3L C]L 3.~ a v, t7 tnw oaUm.�va tv =.cti 0 0 c c E .D o y—� to c�� y y �m 4� c Y Y cu— iao °°Ea °3 CO 0'rn �U 3 c��, E 3 aciL°. Eo ° t6ua� �z'�'v ch0°3vo.c a?wz > a L3 c c >, C m y s L v 'o v� Y v co O c cv E co L C C O, .L.+ 4 Y y Y O >' G 10 y y >, D ,. W N Y m .E O Yu O0 r '° E °S. :Qic =p!l '°�¢ .� co .0 . _Sd .— -'A aJ�O .2cn co E v y OO pMh p[]cocl, i 12 aG5L Y -0 CO w � 0.2 -p 2. 3 au00 w M 0,c ►%L c aim G N �¢ fl4 ai E c ciR 0Wcn odD� tc"a>>>,c°pow 2 c,eW $ u h Y CO Y Y C�L a�OU coos_ �� c b3 a?m vm� • EXHIBIT 5 AUGUST 17, 2004 RESOLUTION NO. A PRELIMINARY RATE RESOLUTION OF THE CITY FLORIDA PURSUANT TO THE SECTION 2.08, OF RELATING TO THE PROVISION OF SOLID WASTE DISPOSAL SERVICES; SETTING FORTH A BRIEF SOLID WASTE SERVICES PROVIDED; DETERM WASTE ASSESSED COST FOR THE UPCOMIIN ESTABLISHING THE ESTIMATED ASSESSMENT UPCOMING FISCAL YEAR; AUTHORIZING AND S HEARING TO CONSIDER COMMENTS FRC CONCERNING ADOPTION OF AN ANNUAL RP DIRECTING THE CITY ADMINISTRATOR T1 ASSESSMENT ROLL; AND TO PROVIDE NE( THEREOF TO AFFECTED LANDOWNERS M OKEECHOBEE; PROVIDING FOR SEVERABILITY; F EFFECTIVE DATE. OF OKEECHOBEE DINANCE NO. 748 COLLECTION AND DESCRIPTION OF INING THE SOLID G FISCAL YEAR; RATE FOR THE ETTING A PUBLIC M THE PUBLIC TE RESOLUTION; ) UPDATE THE :ESSARY NOTICE THE CITY OF 'ROVIDING FOR AN WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on August 21, 2001, which provid d the opportunity to hear testimony and take written objections from the publ c and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law; and WHEREAS, Section 197.3632(5) requires that by Septembe 15 of each year thereafter, the chair of the local governing board must certify a non ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Asse sment is an equitable and efficient method of allocating and apportioning solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, Ordinance No. 784 Section 2.08 thereof requires, that prior to the adoption of an annual rate resolution that the City must enact a preliminary rate resolution, which includes the requirement of the City Administrat rfor the City of Okeechobee prepare an updated assessment roll; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2 04, and said assessment is a non -ad valorem assessment; and NOW, THEREFORE, be it resolved 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: Page 1 of 3 SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statutes 197 and other applicable provision of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes a preliminary rate resolution s defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably solid waste or recovered materials. b. The physical characteristics of a specific C. Any other factor reasonably related to the recovered materials; or d. Any combination of the foregoing; provided combination of factors employed to compute shall result in a rate of assessment not in E accruing to such parcel of improved property. SECTION 3. DESCRIPTION OF SERVICES. The services, facilities and programs to be provided Okeechobee for solid waste collection for the upcorr continuation of a franchise with a solid waste company provision of such services; for such company to provi necessary to fulfill solid waste services; to provide ri provide for scheduled and emergency pick up service white goods, trash and yard debris; and such other sen with such franchise services. SECTION 4. SOLID WASTE ASSESSED COSTS to the generation of or building. n of solid waste or rever, that the factor or solid waste assessment >s of the special benefit o the citizens of the City of ing Fiscal Year include the acceptable to the City for the le the labor and equipment ,ceptacles for collection; to ,s; to provide for pick up of ices customarily associated ESTIMATED RATES. It is determined that the solid waste assessed co s to be assessed for the upcoming Fiscal Year is the estimated sum of $234,5 3.60, and that this cost will be apportioned among customers at an estimated assessment rate for the upcoming Fiscal Year in the annual sum of $137.16. SECTION 5. UPDATING ANNUAL ASSESSMENT That the City Administrator is directed to prepare an upi Fiscal Year ending September 30, 2005 in the manna No. 784. The updated assessment roll shall be certifie medium with that of the Tax Collector, and shall assessment for each parcel on the roll, to be prese adoption at an annual rate resolution, which shall be i before September 15 of the current year. The City Cc or alterations to the roll up to 10 days prior to certifica SECTION 6. PUBLIC HEARING. L. 3ted assessment roll for the . provided for in Ordinance on a compatible electronic post the non -ad valorem led to the City Council for �rtified to the Tax Collector mcil may make corrections on to the Tax Collector. The City Council authorizes and sets for public hearing the adoption of the annual assessment roll pursuant to Ordinance No. 784, Se tion 2.08, to receive public comment pertaining to adoption of the annual assessment roll on the following date Page 2 of 3 0 and time, which shall be duly published by the ity Clerk for the City of Okeechobee, Florida, to -wit: Date: Tuesday, August 17, 2004 Time: 6:00 p.m., or as soon thereafter as can be heard. Place: City Hall, 55 S.E. 3nd Avenue, Okeechobee, Florida. The City Clerk is further directed to provide any sup of adoption of the annual assessment roll as may be convenient to the City. SECTION 7. SEVERABILITY. That if any portion of this resolution should be unenforceable, then the balance thereof shall contin effect. SECTION 8. EFFECTIVE DATE. This resolution shall become effective immediately INTRODUCED AND ADOPTED this 17' day of ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney ntal or additional notice ed proper, necessary or licially determined to be to remain in full force and its adoption. James E. Kirk, Mayor Page 3 of 3 • EXHIBIT 6 AUGUST 17, 2004 RESOLUTION NO. 04-08 A RESOLUTION OF THE CITY OF OKEECHOBEE,' TO THE PROVISION OF SOLID WASTE COLLECT SERVICES; CONTINUING IMPOSITION OF TI COLLECTION ASSESSMENT PREVIOUSLY RESOLUTION 01-08; ADOPTING THE ANNUAL RA PERMITTED BY ORDINANCE 784 FOR FISCAI APPROVING THE PRELIMINARY RATE RESOLUTIC THE SOLID WASTE ASSESSMENT ROLL AS AUTHI STATUTES 197.3632(4)(5) AS NECESSARY STATUTES 197.3632; PROVIDING FOR PUBL COMMENT; PROVIDING FOR SEVERABILITY; F EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted authorized the imposition of Solid Waste Assessment: property located within the incorporated area of the C and .ORIDA RELATING �N AND DISPOSAL SOLID WASTE >TABLISHED BY RESOLUTION AS YEAR 2004-2005; ; AND CERTIFYING tIZED BY FLORIDA INDER FLORIDA HEARING AND DVIDING FOR AN Ordinance No. 784, which against certain assessable ity of Okeechobee, Florida; WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on August 21, 2001, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law; and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is in equitable and efficient method of allocating solid waste collection and disposal costs among parcels of property within the incorporated area of the C 1ty of Okeechobee, Florida; and WHEREAS, the City Council desires to continue the Solid W ste Collection Assessment program for the Fiscal Year beginning on October 1, 2 04, and said assessment is a non -ad valorem assessment; and WHEREAS, the City has previously adopted a preliminary rate resolution for Fiscal Year 2004-2005 which adopted an estimated assessment rate, and which set the matter for public hearing this date to consider adoption of the annual assessment; and NOW, THEREFORE, be it resolved 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 ro designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statutes 197 and other appl able provision of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution continues an annual rate resolution as defined in Ordinance No. Page 1 of 4 • :7 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed ec, parcel of improved property shall be based on one or Fiscal Year against each re of the following; a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specific parcel or building. C. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute toe solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. SECTION 3. SOLID WASTE COLLECTION AND ANNUAL ASSESSMENT ROLL. a. It is hereby ascertained, determined and declar d that continued imposition of an annual Solid Waste Assessment con istent with the maximum Assessment Rate schedule in Section 2.08 f Ordinance No. 748, and Resolution No. 01-8, and also as adopted as th preliminary rate resolution for Fiscal Year 2004-2005 adopted by the City ouncil at a duly advertised hearing continues to be a fair reasonable method of allocating waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida. b. That the City Administrator has caused to be prepared the assessment roll for the Fiscal Year ending September 30, 2005 in the manner provided for in Ordinance No. 784. The solid waste collection and disposal cost, for which the solid waste collection and disposal assessment is intended to pay is $234,543.60. The cost shall be apportioned among the parcels of real property within the incorporated area of the City of Okeechobee, Florida as reflected on the assessment roll. C. It is hereby ascertained, determined, and de ared that based upon the findings set forth in paragraph (a) and the solid waste collection and disposal cost described in paragraph (b), the Rate of Assessment for the 2004-2005 Fiscal Year as set forth in Appendix A and attact ed hereto and incorporated herein to continue an increase in the Assessmen Rate included in any notice previously provided to owners of assessable pro erty pursuant to Ordinance No. 784, Resolution 01-8, and Chapter 197 Flo ida Statutes. d. That the Solid Waste Collection Assessment R II as presented by the City Administrator is hereby approved and adopte for the 2004-2005 Fiscal Year, and the chair of the local governing board, being the Mayor for the City of Okeechobee, Florida or his designee', shall certify this non -ad valorem assessment roll on compatible electronic medium to the Tax Collector for Okeechobee County, Florida by September 15, 004, which roll shall contain the posting of the non -ad valorem assessment Tor each parcel. SECTION 4. ESTABLISH MAXIMUM RATE OF That the rate of assessment set forth in Appendix A for the rate of assessment for the 2004-2005 Fiscal Yeai through the chair or his or her designee, reserves the ri$ to the assessment roll for up to ten days prior to sL omissions are discovered in the roll. he year 2004 is adopted as . The City of Okeechobee, iht to make such alterations ch certification if errors or Page 2 of 4 • 0 SECTION 5. SEVERABILITY. That if any portion of this resolution should be unenforceable, then the balance thereof shall contir effect. SECTION 6. EFFECTIVE DATE. This resolution shall become effective immediately INTRODUCED AND ADOPTED this 17"' day of ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney iicially determined to be to remain in full force and its adoption. James E. Kirk, Mayor Page 3 of 4 • L� RESOLUTION NO. Appendix A The assessments will be computed by multiplying the rate of asse units for residential property uses. A single unit will be assessed vent by, the number of dwelling the following schedule: The amount to be levied in the year 2004: $137.16 The maximum amount to be levied in the year 2005: $137.16 The maximum amount to be levied in the year 2006: $137.16 The maximum amount to be levied in the year 2007: $137.16 The maximum amount to be levied in the year 2008: $137.16 The maximum amount to be levied in the year 2009: $137.16 The total annual revenue to be collected by this assessment for 2004-2 05 is: $234,543.60 The estimated total annual revenue to be collected by this assessment f Dr 2006-2006: $234,543.60 The estimated total annual revenue to be collected by this assessment f Dr 2006-2007: $234,543.60 The estimated total annual revenue to be collected by this assessment f r 2007-2008: $234,543.60 The estimated total annual revenue to be collected by this assessment f r 2008-2009: $234,543.60 The estimated total annual revenue to be collected by this assessment f r 2009-2010: $234,543.60 Appendix A - Resolution No. 04-08 Page 4 of 4 0 Atw.tdt Fr'(e The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeare Judy Kasten, who on oath says she is Publisher of the Okeechobe News, a DAILY Newspaper published at Okeechobee, i Okeechobee County, Florida; that the attached copy of advertise menu, being a ` \ � x LQ. in the matter of C -c- _ in the 19th Judicial District of the Circuft Court of Okeechobee County, Florida, was published in said newspaper in the issues of ,5 Cs, CA 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 advertisegent for publication in the said newspaper. / 7 v day of, / K_ A.D.20 V FIRST PUBLIC HEARING NOTICE The C'dy of Okeechobee is considering applying to the Florida Department of Community Affairs ((DCA)) for FFY 2004 Small Cites Community Devel- opment Block Grant (CDBG) of up to $700,000. These funds must be used for one of the following purposes: 1. To benefit low and moderate income persons: or 2. To aid in the prevention or elimination of slums or blight; or 3. To meet other community development needs of recent origin having a particular urgency because existing conditions pose a serious and mme- diate threat to the health or welfare of the community and where other fi- nancial resources are not available to meet such needs. The categories of actvities for which these funds maybe used are in the areas of housing, neighborhood revitalization, commercial revdaliza ion, or economic development and include such improvement activities as acquisitors of real property, bans to private-fnr-ppmfd business, puchase of machinery and equipment construction of irtrastuctu e, rehabifaton of houses and commercial buildings, and energy conservation. Addition - a] information regarding the range of activities that may be undo takbrs will be provided at the public hearing. For each activty that is proposed, at least 70% of the funds must benefit low and moderate income persons. In developing an application for streirsissbn to DCA, the Cih must plan to minimize di cement of persons as a result of planned C BG acivities. In addition, the City is required to develop a plan to assist displaced per- sons. f . The public hearing to receive citizens views concerting the'carrrnNtys: economic and commun, developpmertneeds willbeheld atCpAyyCoxnci . Chambers an Tuesday, August 17, 2004 at 6A0 p.m. For irdarttatlon concerning the public hearing, contact Ms. Gamicit CRI Clerk, CKy of Okeechobee, 5 S.E. Third Avenue or telephone 863-763-3372. The public hearing is being conducted in a handicapped accessible loca- tion. Any handicasped person requiring an irtOsrpreterforthe hearnp im- paired or the visu ly impaired should contact Ms (iamiotea at leas[ five calendar days prior to the meeting and an interpreter wi8.be provided. Any non-English speaking person wishing to atend the public hearing should contact Ms. Gamiotea at least five calendar days prior to the meeting and a language interpreter will be provided. To access a Tele- communication Device for Deaf Persons (TDD) please call 1-800-955- 8771. Any handicapped person requiring special accommodation at this meeting should contact Ms. Gamiotea at least five calendar days prior to the meeting. . 502486 ON 8/6/04 Notary Public, State of Florida at Large ;zp? Pbe(f ; en R. Brown Commission #DD272118 Expires: Jan 17, 2008 '9'FOFfl.�A�� Bonded Thru "' Atlantic Bonding Co., Inc • EXHIBIT 7 AUGUST 17, 2004 MEMORANDU NANCY PHILLIPS & ASSOCIAT 7408 Edisto Drive Lake Worth, Florida 33467 August 12, 2004 TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: First Public Hearing for FY 2004 Community L.C. Tel: 561-432-1524 FAX: 561-432-6734 Block Grant In anticipation of an opportunity for the City to apply for $700,000 in CDBG Economic Development funds based on job creation, it has been determined th t the City should hold the required First Public Hearing for the CDBG program. By conducting this hearing at the August 17'h City Council meeting, t will facilitate the CDBG grant application process and allow the City to submit an Economic evelopment project in a more timely matter. I will be present to address any questions and/or comments you Public Hearing. /nsp have during the First 0 EXHIBIT 8 AUGUST 17, 2004 MEMORANDU NANCY PHILLIPS & ASSOCIAT 7408 Edisto Drive Lake Worth, Florida 33467 August 10, 2004 TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: Conflict of Interest for Community Development 04DB-COI Project L.C. Tel: 561-432-1524 FAX: 561-432-6734 Grant (CDBG) As part of the CDBG program, the City is required to identify any p tential Conflicts of Interest that might exist between any elected official or family member of a local elected official that has a financial interest or will receive or benefit from assistance provided by the CDBG program. Florida Statute Chapter 112,311 through 112.3143 and 24 CFR 570 489(h) outlines the State and Federal requirements pertaining to Conflicts of Interest. As part of the City's Commercial Revitalization grant, the City is co sidering providing assistance to private businesses for facade rehabilitation of commercial structures. One of the applicants, North Park Tire Center, 200 NW Park Avenue, is owned by David Watford, a cousin to City Councilman Dowling Watford. In order for the CDBG program to provide assistance to North Park Tire Center, Councilman Watford must file a written statement with the City advising of this conflict and make a public disclosure of this Conflict of Interest at the City Council meeting held on August 17, 2004. Once this disclosure has been made, the City may request a waiver om the Florida Department of Community Affairs. A motion must be made and approved by the City Council that requests a waiver from DCA. The City Attorney will also be required to render a legal opinion that finds that the conflict is eligible for a waiver and that no policies have been violated. I will p ovide the City Attorney with the proper language for this legal opinion that complies with the CDBG program. I will be present at the August 17`k' meeting to address any /nsp regarding this process. • FORM 813 MEMORANDUM OF VOTING ONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL DUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, C )MMISSION, AUTHORITY, OR COMMITTEE WATFORD, DOWLING R. JR. CITY COUNCIL MAILING ADDRESS THE BOARD, COUNCIL, COMMI 3SION, AUTHORITY OR COMMITTEE ON 701 NE 5th Street WHICH I SERVE IS A UNIT OF: CITY ❑ COUIN TY ❑ OTHER LOCAL AGENCY CITY COUNTY OKEECHOBEE OKEECHOBEE NAME OF POUTICAL SUBDIVIS CITY OF OKEECHOBEE ON: DATE ON WHICH VOTE OCCURRED MY POSITION IS: AUGUST 17, 2004 X ELE TIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a on whether you hold an elective or appointive position. For this reason, please pay close at completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.31 A person holding elective or appointive county, municipal, or other local public office MUST inures to his or her special private gain or loss. Each elected or appointed local officer also is sure which inures to the special gain or loss of a principal (other than a government agency) b, parent organization or subsidiary of a corporate principal by which he or she is retained); to the to the special private gain or loss of a business associate. Commissioners of community redei 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote capacity. t of interest will vary greatly depending to the instructions on this form before FLORIDA STATUTES BSTAIN from voting on a measure which -ohibited from knowingly voting on a mea- whom he or she is retained (including the special private gain or loss of a relative; or :lopment agencies under Sec. 163.356 or 3asis are not prohibited from voting in that For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, usband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the col PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with th utes of the meeting, who should incorporate the form in the minutes. w w w w • * • • w • • APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may must disclose the nature of the conflict before making any attempt to influence the decision, wl by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) minutes of the meeting, who will incorporate the form in the minutes. (Continued on other interest in the measure on which you person responsible for recording the min - pate in these matters. However, you orally or in writing and whether made AT WHICH THE VOTE WILL BE the person responsible for recording the CE FORM 8B - EFF. V2000 PAGE 1 • • APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person re: meeting, who must incorporate the form in the minutes. A copy of the form must be provided agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S I I, DOWLING R. WATFORD, JR. _ hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, X inured to the special gain or loss of my relative, David Wa inured to the special gain or loss whom I am retained; or _ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is E MEETING: follows: for recording the minutes of the Div to the other members of the 2004 by which This form was filed as instructed by Grant Administrator Nancy Phillips in regards to the CDBG Program. Program funds will be expended to David Watford, owner of North Park Tire Center. David Watford and Dowling Watford are cousins. Even though state statute does not consider cousins as a relative, since Federal Grant monies are involved, Dowling Watford must abstain from voting on these issues. August 17, 2004 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REI CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 MAKE ANY REQUIRED DISCLOSURE = THE FOLLOWING: IMPEACHMENT, 'TION IN SALARY, REPRIMAND, OR A PAGE 0 EXHIBIT 9 AUGUST 17, 2004 RESOLUTION NO.04-10 A RESOLUTION ACCEPTING MAINTENANCE AND OTHER ATTEND OCCURRING AFTER THE COMPLETI ECONOMIC DEVELOPMENT TRANS] FUND PROJECT FOR THE CITY'S C CENTER PARK INFRASTRUCTURE WHEREAS, the State of Florida Office of Tourism, Trade and has awarded the City of Okeechobee an Economic (EDTF) Grant in the amount of $1,125,000; WHEREAS, the purpose of this grant is to construct public i requirements of the first tenant to locate in the City's Con WHEREAS, the EDTF grant agreement requires the City to attendant costs in connection with the construction of the FUTURE vT COSTS v OF THE RTATION MMERCE is Development (OTTED), ment Transportation Fund icture that will serve the Center Park; future maintenance and grant funded project. NOW, THEREFORE, be it resolved that the City Council, City o Okeechobee, Florida accepts future maintenance and attendant costs in connection with the E.DTF grant funded project that will be constructed in the City's Commerce Center Park. RESOLVED FURTHER, that the City Administrator is autl EDTF grant project and to provide such additional OTTED during the grant implementation process; and RESOLVED FURTHER, that this Resolution shall become PASSED AND ADOPTED in regular session this 17th day of James E. Kirk, ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney to act in connection with the ition as may be required by immediately upon adoption. 2004. EXHIBIT 10 0 2004-05 TENTATIVE BUDGET PREPARATION AND DATE AGENCY June 7 Account Supervisor July22 Tax Assessor July 12 . Department Heads Aug 3 City Administrator City Council Aug 24 Acoount Supervisor (within 35 days certification) (34 days actual) Aug 4- City Administrator Account Supervisor August 6 City Administrator August 11 City Council August 17 City Council ACTIVITY Submit to Department Heads actual expenditures for first s prepare 20043-05 proposed. Submits certification of taxat starts July 22, 2004. Submit completed budget wo AUGUST 17, 2004 GE CALENDAR pt preparation print out sheets refl( months and estimate for 2003-04. value to taxing authority (City). Tim( sheets to Account supervisor.. Set date, time and place of pu lic hearings to be held in September and consider propo ed millage rate for tentative budget. Returns certification to Tax Collector. Review budget request with Revenue and Departmental E Send 2004-05 proposed bu Budget Workshop (this will 2" d Budget Workshop if September 7 Tax Assessor Prepares and mails to each ta) (not more than 48 days of certification) property taxes" (this serves a! (48 days actual) hearing of budget) -NO LESS THAN TEN DAYS AFTER NOTICE IS Mi September 17 City Council Flolds first public hearing and i (within 73 days of certification. appropriations ordinance. F.S. Not earlier than 58 days) elusion of first hearing: (58 days actual)(no sooner than 10 days after mailed notice)(] 0 days 1. Council amends tentative I actual) 2. Adopt tentative millage an 3. Recompute proposed mille 4. Publicly announce percent September 17 City Clerk(Sep23) (at least 10 days prior to final hearing) ( I 1 days actual) Advertise budget ordinance. F and Millage ordinance and copy to Tax and Department Heads and tally . Starting at 1:30 P.M. copies to Council. time if a second workshop is nece, layer a "Notice of proposed a general notice of first , BY TAX ASSESSOR - ling on tax millage and uirement prior to con - budget a rate rate exceeds "roll -back rate" 166.041(3)(a) September 26 City Clerk(Sept 23) Advertise public hearing to fin Ily adopt a millage rate (within 15 days of tentative budget) and budget (1/4 pg. 18 pt. type) in addition an adjacent notice (13 days actual) (within 73 days no later than meeting the budget summary requirements of Section F.S 88 days) (67) days actual)(no sooner than 2 days 129.03 (3)(b) and statement of expense % increase over prior year no later than 5 days prior to final hearing) Expenditures (2 days actual September 28 City Council (no sooner than 2 days) (i.e. (no later than 5 days of advertisement) (5 days actual) (within 90 days no later than 93 days) (69 days actual) October 1 Account Supervisor (within 3 days of final hearing) (3 day actual) October 28 Account Supervisor Holds second public hearing, Omend adopted tentative budget to finalize the budget, to adop final budget; and to adopt,? millage rate. Forwards the certified resoluti n or ordinance adopting the final millage rate to the Tax Assessor and the Tax Collector.. Completes and certifies form -422 to property appraiser. Trim certification must be rece ved by Department of Revenue no mo than 30 days after adoption of final ordinance. C] EXHIBIT 11 AUGUST 17, 2004 RFP # 2004-1 REQUEST FOR PROP OKEECHOBE CITY/COUNT IMPACT FEE ST ADMINISTRATION OKEECHOBEE COUNTY COUR 304 NW 2ND STREET, ROOD OKEECHOBEE, FLORIDA 3 AUGUST 18, 2004 SALS: Y IOUSE 106 )72 • Purpose To solicit the services of consulting firms or qualified individuals t defensible and economically supportable impact fees to offset cert capital costs associated with new development, i.e., transportatior enforcement, corrections, fire, EMS, parks & recreation, schools, management and water & sewer facilities and services consistent i services contained in Appendix "A" of this Request For Proposals Administration Okeechobee County Staff Contact: George Long Phone: (863) 763-6441 Fax: (863) 763-9529 E-Mail: vsmith@co.okeechobee.fl.us City of Okeechobee Staff Contact: Bill Veach Phone: (863) 763-3372 Fax: (863) 763-1686 E-Mail: bveach@cityofokeechobee.com Tentative Submission. Review and Contract Award Schedule August 20, 2004 September 20, 2004 September 28, 2004 October 12, 2004 November 4, 2004 Solicitation Advertise for Request for Proposals Proposal Submission Deadline Review of Proposals and short listing of committee Presentations by consultants; and consuls committee City/County Award of Contract(s) To be considered, proposers must submit an original and five (5) proposals, marked "SEALED PROPOSAL FOR EVIPACT FIE 2004-17) to: Administration Okeechobee County Courthouse 304 NW 2nd Street, Room 106 Okeechobee, FL 34972 develop legally un growth -related (roads), law the scope of by the selection ranking by selection pies of sealed STUDY (RFP # • Responses must be received no later than 4:00 p.m. (local time) Monday, September 20, 2004. Proposals received after this date and time will be returned unopened. For information concerning procedures for responding to this ReqLiest For Proposals, contact Administration at (863) 763-6441 or fax (863) 763-9529. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or proposal procedures will be transmitted by written addenda through Administration. Limitation This Request For Proposals does not commit either the City of O eechobee or okeechobee County (City/County) to award any contract, or to pE y any costs incurred in preparation of a response to this request. The City/County resery s the right to accept or reject any or all proposals received as a result of this request, to n gotiate with all qualified firms or individuals or, to cancel in part or in its entirety his request for proposals, if it is in the best interest of the City/County to do so. The City/County may require the selected proposer to participate negotiations and to submit technical or other revisions to its proposal as may result fr m the negotiations. Format All written material submitted in response to this request shall i 1 Proposer's Authorized Signature The proposal shall be signed by an official authorized to bind the roposer in a contractual agreement. The proposer shall provide the following information: name, address, telephone number, fax number, and e-mail address of the individual(s) with authority to negotiate and contractually bind the proposer, if selected. 2 Schedule and Statement of Work The proposal must include a statement that the proposer's cu�e�d anticipated workload will allow him to perform tasks identified in Appenx " T. 3 Cost The proposal must specify a proposed fee for services for each im act fee program to be considered for the unincorporated County area with an explanatio a of the basis for the fee. The proposal must specify a proposed fee for services for each im act fee program to be considered for the incorporated City area with an explanation oft the basis for the fee. Impact fee programs to be considered, i.e., law enforcement, sto water management, etc., are enumerated in Appendix "A". 4 Timeframe The proposal must specify the period of time that will be required by the proposer to complete preparation of impact fee programs specified herein. Th City/County objective is to have the impact fee program(s) completed at the earliest poss�ble time following issuance of a Notice to Proceed. 5 Approach The proposal must describe the approach that will be utilized to accomplish the various tasks identified in the scope of services. This may include recommendations by the proposer for changes to the scope of services. Where the proposer recommends changes to the scope, the proposer shall identify separate costs for both th original scope and the proposed revised scope. 6 Proposer Qualifications All proposers shall provide the following information for the lead and all sub - consultants: 1. Firm's background, history, and experience with preparation of similar impact fee study reports. 2. Office location, address, phone number, fax number, e-mail. 3. Number of staff that will be involved with this impact fee study. 4. Name and qualifications of the project manager. 5. A summary list of related impact fee consulting pro ects with a brief description of each project. 6. References. 7. List of current clients. 8. List of all other tasks, plans or projects that the per onnel assigned to the City/County project may be required to work on simultaneously. 9. Financial Information: Audited financial statement, f available, or financial report which includes balance sheet and income stal ement covering two years. Evaluation Criteria Proposals will be considered on an equal competitive basis. Propo als will be evaluated using the following criteria: Criteria Maximum Points Awarded Experience in preparing impact fee reports 20 Staff qualifications 20 Length of time needed to prepare the impact fee re ort 20 Proposed fees for preparation of the impact fee programs 25 Approach to undertaking scope of services activities 15 Total 100 The County's Obligations • 1 The County shall make available to the consultant any dat available in the county's files pertaining to the work to be performed under this agreement. 2 The County agrees, upon contract award, to pay fees and other compensation computed in accordance with a fee schedule to be incorporated in a final contract. 3 The County shall have the sole right to determine which u 'ts or sections of the work that the proposer shall initiate and in what order. 4 The County Administrator shall decide and dispose of all claims, questions and disputes arising under this agreement. 5 The County reserves the right to audit the records of the consultant related to this agreement at any time during the contract period and for a period of three years after final payment is made. The consultant shall provide copies of any records solely at the cost of reproduction. The Citv's Obligations 1 The City shall make available to the consultant any data a ailable in the city's files pertaining to the work to be performed under this agreement. 2 The City agrees, upon contract award, to pay fees and oth compensation computed in accordance with a fee schedule to be incorpo ated in a final contract. 3 The City shall have the sole right to determine which units or sections of the work that the proposer shall initiate and in what order. 4 The City Administrator shall decide and dispose of all claims, questions and disputes arising under this agreement. 5 The City reserves the right to audit the records of the consiltant related to this agreement at any time during the contract period and for a per od of three years after final payment is made. The consultant shall provide copies of any records solely at the cost of reproduction. The Proposer's Obligations 1 The proposer shall perform all professional services identii of services to current professional standards of the applica 2 The proposer shall maintain an adequate staff of qualified i 3 The proposer shall ensure that all work meets all current f laws or ordinances applicable to the work. 4 The proposer shall cooperate fully with the City and Coun coordination of all phases of the work. 5 The proposer shall cooperate and coordinate with other Ci as directed by the City/County. 6 The proposer shall report the status of the work to the Cit, and hold pertinent data, calculations, field notes, and recoi inspection of the City/County or their authorized agents at 7 The proposer shall negotiate any additional work required order as deemed necessary. 8 The proposer shall have approval from the City/County in commencement of any revision to a work order. 9 The proposer shall agree that all reports, specifications, on in the attached scope discipline. state and local in the scheduling and consultants, :ounty upon request open to the y time. a particular work prior to and other work products developed by the proposer will become the property of the City/County without restrictions or limitations and shall bc made available at any time upon request by the City/County. 10 The proposer shall not subcontract, assign, or transfer any work under this agreement without the written approval of the City/County. Indemnification The City/County shall be held harmless against any and all claims or bodily injury, sickness, disease, death or personal injury, or damage to property or loss of use of any property or assets resulting therefrom arising out of, or resulting f rom, the performance of the products or from the services, for which, the City/County are contracting hereunder, provided such is caused in whole or in part by any negligent act o omission of the proposer, or any subcontractor or any of their agents or employe , or arises from a job - related injury. The proposer agrees to indemnify the City/County and pay the cot of the City's/County's legal defenses, including fees of attorneys as may be selected by tf. e City/County, for all claims described in the hold harmless clause herein. Such paymen on behalf of the City/County shall be in addition to any and all other legal remedie available to the City/County and shall not be considered to be the City's/County's exclusive remedy. It is agreed by the parties hereto that specific consideration has been received by the proposer under this agreement for this hold harmlesshndemnificat on provision. Insurance Requirements The proposer providing services under this agreement will be required to procure and maintain, at its own expense and without cost to the City/County, until final acceptance by the City/County of all products or services covered by the purchase order or contract, the following types of insurance. The policy limits required are to be considered minimum amounts. General Liability Insurance policy with a $1,000,000 combined single limit for each occurrence to include the following coverage: operations, Droducts and Completed Operations, Personal Injury, Contractual Liability, and Independent Contractors for bodily injury and property damage. Business Auto Liability Insurance which includes coverage for all owned, non - owned and rented vehicles with a $1.000,000 combined single limit for each occurrence. of the consultant and subcontractors, as required by law. Professional Liability Insurance Policy in the amount of $ professional or consulting services. covering all employees per claim for The proposer shall provide certificates of insurance to the City/Cc the aforementioned insurance requirements have been met prior tc work under this contract. The General Liability and Auto Liabilit insurance shall indicate that the policies have been endorsed to co additional insureds and that these policies may not be canceled or (30) days prior written notice to the City/County. inty demonstrating that the commencement of certificates of er the City/County as nodified without thirty All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. All such insurers must have an A.M. est rating of no less than A+VII. The insurance coverage enumerated above constitute the minimu requirements and shall in no way lessen or limit the liability of the proposer under the terms of the contract. Sub - Contractor's insurance shall be the responsibility of the proposer. Other Notices In accordance with section 287.133, Florida Statutes, a perso been placed on the convicted vendor list following a convicti( crime may not submit a bid or proposal on a contract to pro, services to a public entity and may not be awarded or perfor supplier, subcontractor, or consultant under a contract with may not transact business with any public entity in excess of provided in section 287.017 for CATEGORY TWO projects months from the date of being placed on the convicted vend( (Note: currently, the threshold for category two projects is THE CITY OF OKEECHOBEE AND OKEECHOBEE CO OPPORTUNITY EMPLOYERS, FAIR HOUSING ADVOC HANDICAP ACCESSIBLE JURISDICTIONS. THE CITY THE RIGHT TO REJECT ANY AND ALL PROPOSALS. or affiliate who has for a public entity le any goods or work as a contractor, iy public entity, and to threshold amount r a period of 36 list. '4TY ARE EQUAL TES AND A 'OUNTY RESERVES • APPENDIX "A" SCOPE OF SERVICES OKEECHOBEE CITY/COUNTY IMPACT FE STUDY PROPOSAL # 2004-17 INTRODUCTION: Okeechobee County is located in south central Florida approximately 45 miles from the Atlantic Coast. The County has a current population of approxim tely 39,000. The City of Okeechobee is the only municipality in the County. This municipality occupies approximately one-half of one percent (0.5%) of the Cou ty's land area and accommodates approximately twelve percent (12%) of the total County population. Most of the County's growth is occurring in the unincorporated area. Neither the City nor the County has previously implemented impa fees. However, water and sewer connection charges are collected by Okeechobee Utility Authority, a county- wide water and sewer utility authority created by interlocal agreement between the County and City in 1995. In anticipation of significant additional growth and development the City/County wish to initiate the process of implementing apI specific service areas as follows: 1 Transportation (Roads) 2 Law Enforcement 3 Corrections 4 Fire 6 EMS 7 Parks & Recreation 8 Schools 9 Stormwater Management 10 Water & Sewer It is anticipated that impact fees implemented by the County will for all of the above service areas. It is further anticipated that im, the City will be collected only in the incorporated area for transp )ut the County, impact fees in the collected county -wide t fees implemented by ation. law • enforcement, fire, and stormwater management. SCOPE OF ACTIVITIES: TASK 1 - DATA COLLECTION AND ANALYSIS TASK 1.1 DATA INVENTORY For all facility/service categories referenced above, I applicable departments and agencies to compile an i. facilities including, but not limited to, the following: land buildings other capital facilities/equipment This inventory shall group facilities by service area. For each shall identify size, location, capacity, and other pertinent infai TASK 1.2 POPULATION/SERVICE UNIT ESTIMA' For all facility/service categories referenced above, population or service units. Where appropriate, pc be estimated by service area. TASK 1.3 EXISTING LEVEL OF SERVICE (LOS) Using the information gathered in Tasks 1.1 and 1.2, pi existing LOS for each facility/service category. Where calculate existing LOS by service area. TASK 1.4 ADOPTED LOS IDENTIFICATION shall coordinate with of all related capital facility, proposer oser shall estimate current ion and service units shall TION shall calculate the -fate, proposer shall proposer shall identify adopted levels of service for each f cility/service category. Where no LOS has been adopted, proposer shall note the 1 ck of an adopted LOS. TASK 1.5 POPULATION/SERVICE AREA Proposer shall project population or service units for horiz n year 2025 for all facility/service categories. Where appropriate, projections shall be done for service areas. TASK 1.6 COST/REVENUE IDENTIFICATION Proposer shall, for each facility/service category: • I Document historic capital costs (total costs 2 Project future capital costs 3 Identify revenue sources for facility/service 4 Project revenue source amounts for facility/ All cost projections shall be in current (2004) U.S. dollars. TASK 1.7 LEVEL OF SERVICE ANALYSIS unit costs) ital expenditures rice capital expenditures Using information derived from Tasks 1.1 through 1.4, pr poser shall, for each facility/service category, compare the existing LOS to theadopted LOS. proposer shall identify any existing LOS deficiencies. Based on information derived from Task 1.6, proposer shall estimate the cost of correcting eyj sting deficiencies. TASK 1.8 FUTURE DEMAND ANALYSIS For each facility/service category, proposer shall project facility demand. This projection shall be based on inforr 1.4 and 1.5. TASK 1.9 FUTURE CAPITAL COST Using information derived from Tasks 1.6 and 1.8, pr facility/service category, project future (2025) capital projections shall be based on constant 2004 dollars. TASK 1.10 DATA COLLECTION AND ANALYSIS Proposer shall prepare Technical Memorandum #1 (TM1; Analysis Report. TM1 shall include all information, inven projections and data analyses produced in Tasks 1.1 throt. identify any assumptions made and methodologies emplo3 tasks. Proposer shall submit five copies of the draft TMl review of draft TM1, proposer shall make necessary revis the final report, and transmit ten copies of the final report TASK 2 - POLICY ANALYSIS TASK 2.1 LEGAL REQUIREMENTS FOR (2025) capital derived from Tasks shall, for each These cost T Data Collection and )ries, estimates, ;h 1.9. TM1 shall also d to complete the TM After City/County ins to the draft, prepare a City/County. G IMPACT FEES Proposer shall prepare a brief summary of legal considerat ons in developing impact fee programs. This summary shall address the mini mum requirements for establishing a legally defensible impact fee system and shal include, but not be limited to, an explanation of. tax vs. fee; fee payer benefic.ary requirements; benefit areas; level of service; correction of deficiencies; d scounts; consideration of other revenue sources; credits; net present value; and foe administration. TASK 2.2 ADOPTED LEVEL OF SERVICE RE Using information derived from Task 1.4, proposer shall review the adopted LOS for each facility/service category. This review shall involve a comparison of adopted levels of service with adopted service levels in at east five local government jurisdictions in counties proximate to Okeechobee County; an assessment of the appropriateness of the adopted LOSs; d an identification of alternative service levels, where appropriate. 7 TASK 2.3 FUNDING SOURCE REVIEW Using revenue source information collected in Task 1.6, proposer shall assess the probable effect on impact fee amounts for each facility/ser vice category based on other revenue sources currently programmed for capacity roducing capital projects. These revenue sources shall include, but not be limited to, non -voted capital improvement millage (levied by the school district) and one cent local option sales tax. Proposer shall analyze the probable effect on impact fee amounts by reducing capital facility expenditures from alternative revenue sources. This analysis shall identify alternative funding source scenarios and the probable effects associated with each scenario. TASK 2.4 POLICY ANALYSIS REPORT AND PRESENTATION Proposer shall prepare Technical Memorandum 92 (TM2) Policy Analysis Report. TM2 shall include all information, comparisons, assessme ts, and analyses produced in Tasks 2.1 through 2.3. TM2 shall also identi assumptions made and methodologies employed to complete TM2 tasks. Proposer shall prepare TM2 in a manner that is easy to read and understandable by the ge eral public. Five copies of TM2 shall be submitted to City/County for review. After City/County review of TM2, proposer shall make necessary revisions to the draft prepare the final report, and transmit twenty copies of the final report to City/County. Proposer shall also attend one public meeting with elected officials/decision makers to present the policy issues and alternatives identified in Task 2. Proposer shall prepare all presentation material, including Power Point presentations, presentation boards, and handouts, in a manner that is non -technical and understandable by the public. TASK 2.5 POLICY REVISIONS Proposer shall document any policy changes that arise from the public meeting. Such changes may include revisions to adopted levels of service, revisions to alternative revenue sources programmed for capital facility construction/expansion, or others. Proposer shall revise T1,2, as appropriate, to reflect any such changes, and transmit five copies of revised TM2 to City/County. • TASK 3 - METHODOLOGY DEVELOPMENT TASK 3.1 FORMULA DEVELOPMENT For each facility/service category, Proposer shall develop electronic spreadsheet format. The formula for each facili- be consistent with generally accepted impact fee methodol least number of benefit areas as legally defensible; shall ref service; shall include credits, where appropriate; and shall where appropriate. The formula spreadsheets shall be desi easily change values for formula variables, update formula land use categories. Proposer shall transmit draft formula; review, and then revise formulas if necessary. TASK 3.2 FEE SCHEDULE PREPARATION z impact fee formula in dservice category shall ,gies; shall include the ,ct adopted levels of iclude a discount rate, fined to allow staff to nputs, and add new to City/County for Using the formulas developed in Task 3.1, proposer shall prepare a fee schedule for each facility/service category. The fee schedule shall use fee categories that are consistent among facility/service categories, and consisteni with the traffic impact fee schedule, if possible. TASK 3.3 IMPACT FEE FORMULA REPORT ANDI PRESENTATION Proposer shall prepare Technical Memorandum #3 (TM3), Impact Fee Formula Report. TM3 shall include the impact fee formula from Task 3.1 for each facility/service category and the corresponding fee schedules from Task 3.2. TM3 shall also explain the methodologies, assumptions, and technical documentation used in developing the impact fee formulas. Proposer shal. submit five copies of TM3. After City/County review of TM3, proposer shall rr ake necessary revisions to the draft, prepare the final report, and transmit ten copies of the final report to City/County. Proposer shall also attend one one public meeting with eac 1 (City/County) governing body to present the draft impact fee formulas an I fee schedules developed in Task 3. Proposer shall prepare all presentation material, including Power Point presentations, presentation boards, and handc ats, in a manner that is non -technical and understandable by the public. TASK 4.1 ORDINANCE AND AGREEMENT PREP Proposer shall coordinate with staff from City, County develop such ordinances and agreements as may be rec TION School Board to i for imposition and • administration of impact fees. These documents shall identify the responsibilities of each parry. TASK 4.2 ADMINISTRATION PROCEDURES Proposer shall develop a set of recommended administration procedures for each facility/service category impact fee. These procedures set shall include an administrative manual, sample forms, and informational material in brochure and handout format. Proposer shall also estimate annual costs for administering each facility/service category impact fee program. TASK 4.3 UPDATE PROCESS DEVELOPMENT Proposer shall identify a process for updating each facility/service category fee schedule in order to maintain an adequate level of fee recovery. The update process shall identify the formula variables to be updated, the methodology to update the variables, and the time interval for conducting updates. TASK 4.4 IMPLEMENTATION AND ADN DEVELOPMENT REPORT Proposer shall prepare Technical Memorandum #4 (TM4), Administration Process Report. TM4 shall summarize the Tasks 4.1 through 4.3. Proposer shall submit five (5) copi City/County review of TM4, proposer shall make necessar prepare the final report, and transmit ten (10) copies of the City/County. TASK 5 - FINAL REPORT TASK 5.1 PUBLIC HEARINGS PROCESS Implementation and -esults derived from ;s of TM4. After revisions to the draft, final report to Proposer shall attend two public hearings of both the City and the County for adoption of the impact fees. At the hearings, proposer sha I present the proposed impact fees and explain the methodology employed to develop the fees. Proposer shall prepare all presentation material, including Power Point presentations, presentation boards, and handouts. TASK 5.2 DOCUMENT PREPARATION Proposer shall compile information from Technical Memorandums 1 - 4, and incorporate that information into a final report. The report shall include all relevant information in the principal document, with other information/data, incorporated in technical appendices. Proposer shall submit five copies of the draft report. After City/County review, Proposer shall make necessary revisions to the draft and transmit twenty copies of the final report to City/ ounty. TASK 5.3 ELECTRONIC DOCUMENT PREPARATION Proposer shall provide City/County with all electronic do ments developed throughout the study. This shall include database files, electronic spreadsheets, Power Point presentations, and others. All documents, graphics, charts, and supporting material generated during the course of this project will be furnished to the City/County in formats to be jointly determined. TASK 6.1 PROJECT SCHEDULE Prior to City's/County's issuance of a Notice to Proceed, p oposer shall prepare a mutually -acceptable schedule of calendar deadlines for deliverables. TASK 6.2 MEETINGS AND PRESENTATIONS The proposer shall attend an initial meeting with City/County representatives to discuss information relevant to administration of servicescontract(s) by the City/County. The proposer is expected to prepare graphic displays, handouts, and any other appropriate presentation aids for all meetings required by this engagement, as deemed necessary by the City/County. TASK 6.3 PROGRESS REPORTING AND INVOICING The proposer shall, on a monthly basis, provide City/County with signed original invoices and written progress reports describing the work performed on each project task. Judgment on whether work of sufficient quality and quantity has been accomplished will be made by the City/County using a comparison of reported percent work completed against actual work accomplished. /impaaeeaiWysis 0 • EXHIBIT 11 AUGUST 17, 2004 EXHIBIT 11 will be provided before the ExHIBIT 12 CITY OF OKEECHOBEE MW General Services Department 55 SE 3`d Avenue, Room 101 Okeechobee, FL 34974 Phone: 863-763-3372 ext. 217 Fax: 863-763-1686 DATE RECEIVED: DATEWUED: APPLICATION NO: DATE ) OF EVENT: AQ '1 -4 h 4- FEE: $1 0 Waived DATE AID: r�nh _ ny)" 0. I; . TEMPORARY PERMIT APPLICAT16N OTHFR TEMPORARY STRUCTIIRFS fLDR SFr, R d1 AUGUST 17, 2004 }t, Name of Property Owner(s): ,, A Address: w z V Telephone Numbers: Home: Work: Mobile/Cell: Pager: a Name of Applicant: Q Address: Telephone Numbers: Home: Work: -A&-SS4H Mobile/Cell: Pager: Future Land Use Map Designation: Current Zoning Desig ation: cdo Legal Description of Property: f + Address of Property: tfi )a, Lt„ pery Please Explain Type of Use: >> «�� rn1)PT Briefly describe use of adjoining property: w� North: cc�A� East: co,nmocura a dSouth: West: Attach the following documents: 1. Letter of intent outlining event(s) to take place. 2. List of vendor(s) participating, if possible. 3. Proof of non-profit status, if applicable. 4. Notarized letter of permission, if applicant is not the property owner. 5. All debris is removed within 48 hours of expiration of permit. 6. Proof of liability insurance paid in full for length of permit in the ar lount of $1 Million per occurrence. The following temporary structures may be permitted upon the issuance of a temporary ermit, subject where applicable to all requirements of the City Licenses and Business Regulations, which shall include in each instance proof of insurance coverage for the use permitted by the City in such amount as required by these regulations. Christmas tree, fireworks and similar seasonal sales operated by a non-profit organization. Carnival, circus or fair in commercial or industrial districts. Similar temporary structures where the period of use will not exceed 30 days a year. Submit proof of liability insurance, paid in full covering the period for which the permit is issued, in the minimum amount of $1,000,000.00 per occurrence. Remove all debris within 48 hours of expiration of permit. Have notarized written permission of property o er, if applicant is not the property owner. Please note that if you intend to use any portion of a City street or sidewalk a separate permit will have to be granted by the City Council. I hereby certify that the information on this application is correct. The information includec in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be PL nishable by a fine of up to $500.00 and imprisonment of up to thirty days and may result in the summary denial of this applic tion. 14"Cd— SignatLTr6 of Applicant ..I, ­, ,., — ,,,........, . ....-.._.., - -- -- - - - Occ patiAa o a n r to Lic n e`Verification: Date: 8_5- o Fire Department Ap Date: ,52,,41 O Police Department Approval: Date* Public Works Department Approva . Date: Building Inspector Approval- Date: City Administrator Approval: Date: Revised 03/20/03 PHILADELPHIA INSURANCE C�MPANY ONE BALA PLAZA SUITE 00 BALA CYNWYD, PA 1 SCHEDULE A SCHEDULE OF ORGANIZATIONS MUSCULAR DYSTROPHY ASSOCIATION, INC. POLICY # PHPK076182 WITH RESPECTS TO WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US. AMENDMENT - SEPARATION OF INSUREDS (CG2404) ACOSTA AHOLD ALBERTSONS ANHEUSER-BUSCH, INC. CITGO PETROLEUM CORPORATION (INCLUDING DEALE DECA DR. PEPPER / SEVEN UP ERA REAL ESTATE HARLEY DAVIDSON MOTOR COMPANY, INCLUDING DE/ INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS KAPPA ALPHA ORDER THE KROGER COMPANY NATIONAL ASSOCIATION OF LETTER CARRIERS (NALC) NATIONAL CHILD CARE ASSOCIATION NATIONAL COALITION OF ASSOCIATIONS OF 7-ELEVEN ITS MEMBERS) NON -UNION FIREFIGHTERS SAFEWAY 7-ELEVEN TALL CEDARS OF LEBANNON OF NORTH AMERICA & JOBBERS) RS AND HOG CHAPTERS RANCHISEES (INCLUDING AUG-05-2004 03:37PM FROM -MUSCULAR DYSTR*ASSOC +7728739423 Thanks, for Cart August 5, 2004 City of Okeechobee City Council Members 55 SE 3rd Avenue Okeechobee, Florida 34974 Dear Council Members: We are pleased and honored the City of Okeechobee Fire Fighte Fighters, and the Division of Forestry is conducting a Fill the I Muscular Dystrophy Association. These funds are greatly needec families living in Okeechobee. We gladly give our permission for many programs MDA provides. • T-995 P.002/002 F-646 REPLY TO. 7410 S. US Highway 1, #102 ♦ Port St, Lucie, FL 34952 (772) 873-9422 Fax: (772) 873-9423 rs, Okeechobee County Fire Soot program to benefit the to provide services to local them to collect funds for the It is an honor to be allied with this group of outstanding and co rageous men and w They are truly American heroes. For 50 years Fire Fighters hav omen, children and adults living with neuromuscular diseases. They hay p edged help support d hope to a cause and a cure is found. We are halfway there, and this yea 's Fill the Boot grom will bring us even closer} We also appreciate your supporting them in their fundraising efforts. "Fire Fighter Appreciation Week" provides high visibility to our Fire Fighters and for the City of Okeechobee, is local ocal government support like yours, which allows us to fund programs like clinics, support groups, I medical equipment, research and summer camp. 1 look forward to a long i relationship. g and rewarding ng Sincerely, Sandra Ingram District Director Copies to: Harold Hedrick Ricky Jones Karl Holtkamp Chief Herb Smith Chief Nick Hopkins Jim Rath, Division of Forestry MUSCULAR DYSTROPHY ASSOCIATION Moa JerryLewis, National Chairman .pon�om researct, into 11euromuscular disorders—;0audin9Ine rMscular dystrophies, Smyo[rophw lateral sclera t;; (qLg) >;pinat muscwar auophias. Mllantrnwory myopathies, Charcot-Mane-Toorh disaasP, Friodreicn'a ataxia, and rnyasthenk't pryvis — ana provides z,,arlricee to Chow atfacteo by rnnse dicoracrs. M;unm mrfar �c•a ni.w 0 August 4, 2004 To Whom It May Concern: This letter is authorizing Okeechobee County Fire Rescue, a non for profit organization, to hold a fund raising boot drive for the MUSCULAR DYRTRO HY ASSOCIATION on August 27 and August 28, 2004. Thank you ,570-)eJ- e -714;5 �(L6 0-,( Ai ksl' 'qao y Do,9+ ,ws • • August 4, 2004 To Whom It May Concern: This letter is authorizing Okeechobee County Fire Rescue, a non• to hold a fund raising boot drive for the MUSCULAR DYRTRO on August 27 and August 28, 2004. Thank you profit organization, ( ASSOCIATION �,P��✓e rie `� ,r y d-� S ooM90 2M EXHIBIT 13 AUGUST 17, 2004 S MEMORANDUM �1P15 To: Mayor and Council Members From: Lane Gamiotea, City Clerk Subject: Applications for Alternate Vacancy on PB/LPA/BOA/D Date: August 10, 2004 Enclosed are the applications that have been received to date. Of the eight members that are serving on the board, 7 are county Thank you. sidents and 1 is city. I/itV of Okeechobee Office of the City Jerk & Personnel Administrator Application for Citizen Board The City of Okeechobee does not engage in any form of unlawful discri 'nation. If you feel you have been discriminated against for any reason, please call this to the attention of the Personnel Administrator so that we may address your concern. Citizen Board Applying For: ❑ Planning Board/Board of Adjustment/Design Review Board Member �< Alternate Member of the Above Stated Board ❑ Code Enforcement Board Member ❑ Alternate Member of the Above State Board Please Print: Applicant's Full Name: peU 1`✓tmaxl Street Address: HCC A St. . C ^4 h o 37 93 /V . vV . oi�r`o�, -- C, 3L'fCl?Z- Mailing ddres . Telephone Numbers: mobile home work beeper Education: Please include Name and Address of school, years attended, date graduated and degree obtained, if any. If mores ace is needed please attach an additional page. Grammar School: uar i 6a :oble1 High School: Ok�2Cc) l �foL2 L twig —tad' l University: �7—lc)r 'CIO, Other: 11��art -+�,Pns ye.S,- re5 15�r4 • Describe any skills and background information about yourself that board wish to serve on. If mores ace is needed please attach ar, would be helpful to the additional page. I wish to be considered as an alternate member on one or more of the Citizen Boards of the City of Okeechobee. I am interested in municipal govemment, ind I would like to devote some of my time to serving the commurifty in this cqpacily because I believe it would be an enriching and rew r i x I believe that the duties performed by the Boards qr� nd valuable to both the --City, and its legislative body, the Council- Tf T have an onportunily to serve in this cal2acity, I would do so with the intention of making a meaningfidspilidbutionand with the hope of both hell2ing to preserve the charm of our city, and allht��me time heI12'ng to manage and govem its inevitable growth - engaged in the constniction hu-,iness, I have 2 fair workin�� knowledge of apj)licable codes and --regulations- I hive been licensed since 1997, first 2s an Okeechobee registered contractor, then grandfathered to state certification in 2001- would titions the pitfalls of the Precedence that is created by decigion., Thank you f= yc)uroonsid-ratiau 7 a Applicant's Sig ature bate o • Ci o Okeechobee Office of the City Clerk & Personnel Administrator Application for Citizen Board The City of Okeechobee does not engage in any form of unlawful disc urination. If you feel you have been discriminated against for any reason, please call this to the a tention of the Personnel Administrator so that we may address your concern. Citizen Board Applying For: ❑ Planning Board/Board of Adjustment/Design Review Board Member Alternate Member of the Above Stated Board ❑ Code Enforcement Board Member " ❑ Alternate Member of the Above State Board Please Print: C—Ot rq :J Applicant's Full Name: Street Address: Z .S S 7 Mailing Address: S 60 Telephone Numbers: 7- 0& 43 7 - 87 -11177.)619-214(o home work h(eepey mobile Education: Please include Name and Address of school, years attended, date graduated and degree obtained, if any. If mores ace is needed please attach an additional a e. Grammar School: Va I'l n" q . rA- R_ e- r C_ e- FE-h School: w - University: t' O a _Zoo Z Backe/ox 'A r r h e. 1. Other: �Df aY�i�e r7�. Describe any skills and background information about yourself that board wish to serve on. If mores ace is needed please attach an would be helpful to the additional page. •v • A �' ,h 2oo Z C n trri 4-h / /dry A 36, J e C- S 16 014 ine S `in Ad vJ AAA arc"ally C;Q 6. t A'OV'? ' vO _126 1 mr, 3 A� AD s° A� II A ss es sMe4 -q J�TicAnney-,alim Aange a o ree 1;77.epl? e S,f I EXHIBIT 14 AUGUST 17, 2004 APPLICATION FOR TAXI CAB BUSINESS 1. Applicant's Name: A-1 TAXI & ALL COUNTY TAXI 2. Applicant's Address: 6u5 N. w. rarx ai. - aWIW AWO - How Long: 71/2 years previously at 403 N. W. 3. Telephone No.: Dispatch - 763-53y3 Business__ voice Fax - 357-1402 1 4. If a corporation or partnership, list names and addresses of all officers or partners: Ruth G. Krieg, 964 County Road 721- Lot 21- Lorida Florids 33857 5. Length of time applicant has resided in the City or past 19 years 6. Give description of all experience applicant has in the passengers: Corporation has operated said business said business for the past 10 years. 7. List any facts which prove that public convenience and granting a permit: Continue to provide a safe means of qualified, courteous drivers. 8. Number of vehicles to be operated by the applicant of Okeechobee: of require this permit: 9. List the year, make and model and motor number of each vehicle to be used as a taxi cab: 1993 BUICK CENTURY 4 54 IV C P l0 4 Z 0LO l VIN#1G4AG54NOP642320 10. Address of proposed depots and terminals: (Please indi ate the zoning of each address listed): 605 S. W. Park St., Okeechobee Florid - Business zonin 11. Color scheme or insignia to be used to designate vehicles of applicant (Include picture or drawings): ' e vehicle with red letterin A-1 Taxi - 763-8393 C�re;t,n 12. List all persons who have an interest in this business: Ruth G. Krieg and Henry F. Krieg, III • -2- Okeechobee as references. Give length of acquaintance i Nettie & Roberts Williams -1954 S. W. 40 Dr. - Okeech, Konnie Lawrence - iz)u n- vv. 1ul. a&. - Cliff Betts - Okeechobee, Fl. -13 years 14. Give the name, address and phone number of all employers within the last 7 years: Have owned r a period of over twenty years. 15. Give all previous addresses within the last 5 years: Lot 21, Lorida, Florida 33857 16. Location of main office: 605 S. W. Park St. - Business zoning 17. Explain all driving citations applicant has received None each individual. . Fl. -16 vears 11 connections or the last 5 years: 18. Explain all accidents the applicant has been involved inwithin the last 5 years: 100A - TAYi hit by another vehicle from the rear at intersection of N. W. 3 Ave. no tickets were issued. 19. Indicate hours and days of proposed operation of each location: 20. Does applicant have liability insurance meeting the foll ing minimum requirements: X Yes No (must include F roof). a) For bodily injury to one person, $ 100,000.00 b) For bodily injuries to more than one person aris' rig out of the same accident or event, $ 300,000.00 c) Property damage, $ 50,000.00 City Attorney's S gnature • -3- APPLICANT'S STATEMENT I certify that answers given herein are true and complete to knowledge. I authorize investigation of all statements contained in this business permit. Applicant's Signature Date best of my ilication for a taxi cab - t 5- aLA FOR POLICE DEPARTMENT'S USE This application for a taxi cab permit was reviewed and approved '1�or disapproved on 43 _ t - , 2004. 8 - /i a Polic Department Date (Attach written "Inspection of Vehicle report") FOR GENERAL SERVICES USE This application for a taxi cab permit was approved isapproved by the City Council on , 201 This application expires on General Services 2005. Date FOR FINANCE DEPARTMENT'S USE An application fee of �a dollars and an occupation fee of 46 00 dollars has been paid to the Department of Finance on this _L(q.-day of Tu IT. 2004-' I Q,�? 7WA42h� Finance Department Date • TAXI INSPECTION BUSINESS NAMIE,4-1 �an," OWNER'S BUSINESS ADDRESS czl c ' 1 _ -b- OWNER'S ADDRESS MAKE OF VEH & ,'e k YEAR i g 9 3 VEHICLE#_ j vm# 1 (`,'-IQe,5//NOP6Ll,�3aaJ 1. ALL VEHICLES MUST BE AT LEAST FOUR (4) AND SI (6) PASSENGERS INCLUDING THE DRIVER. 2. MUST HAVE BUSINESS NAME ON FRONT OR REAR DOORS IN PAINTED LETTERS NOT LESS THAN 6" NO MORE THAN 12" IN HEIGHT. 3. EACH TAXICAB SHALL BEAR AN IDENTIFYING NUMBER AND NO TWO SHALL HAVE THE SAME NUMBER. 4. EACH COLOR SCHEME AND LOGO OR MONOGRAM UST BE APPROVED BY THE CITY COUNCIL. ]� 5. RATE CHART, METER, AND DRIVERS DISPLAY CARD MUST BE VISIBLE TO THE PASSENGERS IN THE REAR SEAT. 6.GENERAL EQUIPMENT SAFETY INSPECTION / BRAKES ✓ HEATER HORN d A/C_ MUFFLER__ TIRES REAR VIEW MIRROR WINDSHIELD WIPERS LIGHTS _1" OTHER 7. GENERAL CLEANLINESS OF REMARKS INSPECTORS SIGNATURE DATE // O DRIVER'S PERMIT FOR T 1. Applicant's Name: MICHAEL NEAL CHAPMAN 2. Name of company applicant will drive for: A=1 3. Applicant's Address: 4. Years at this address: 9 YEARS Telephone No: 5. List address and dates for the previous (6) years: SAME 6. Date of Birth: 11/13/33 7. Driver License No: C-155-554-33413-0 8. Attached is a copy of applicant's fingerprints: Yes _ at your office from previous year. 9. Attached is a copy of Applicant's physical (within the May,2003 10. No taxicab driver's permit shall be issued to any person eighteen (18) years. A permit may be refused to any per the date of the application for such permit, been convict forfeited bond upon being charged with any one of the f A. Operating a motor vehicle for purposes of sale of B. Illegal possession for purpose of sale of intoxicati C. Illegal sale of intoxicating liquor, drugs or contrc D. Illegal transportation of intoxicating liquor, drul substances. E. Transporting persons for immoral purposes. F. Any crone involving moral turpitude which, in tl council, renders such person unfit to operate a in transportation of persons for hire. The above statements are true and accurate to the best of grant the City of Okeechobee permission to investigate all items thFX so desire, as it relates to me obtaining this pern A 1icant's Signature D X on file from (2) years: Yes, from under the age of ►on who has, prior to A, pleaded guilty or )Rowing offenses: intoxicating liquor ig liquor. [led substances. s or controlled opinion of the city [)r vehicle for the knowledge. I hereby tements and any other • FINANCE DEPARTMENT An investigation fee of Three dollars ($3.00) has been received: Finance Signature Date POLICE DEPARTMENT After investigation of this, Driver's Permit For Taxicabs, the Police Department recommends Approval / Disapproval of MICHAEL NEAL CHAPMAT for a Driver's Permit for Taxicabs. If disapproved, explainwhy: Police ignature GENERAL SERVICES Based on this permit and any other information available tl approved disapproved this drivers perr 2004, until September 30, 2005, or until revoked whichever General Services Signature -//- 6 City Council :on Ames first. DRIVER'S PERMIT FOR TAXI 1. Applicant's Name: DONALD FRANK HARSH 2. Name of company applicant will drive for: 3. Applicant's Address: 2691 N. W. 4 ST. - 4. Years at this address: 8 YEARS Telephone No: 5. List address and dates for the previous (6) years: SAME 6. Date of Birth: 10/25/44 7. Driver License No: H620-186-44-385-0 8. Attached is a copy of applicant's fingerprints: Yes No X on file from at your office from previous year. 9. Attached is a copy of Applicant's physical (within the las t (2) years: Yes, from June, 2003 10. No taxicab driver's permit shall be issued to any person under the age of eighteen (18) years. A permit may be refused to any person who has, prior to the date of the application for such permit, been convicted, pleaded guilty or forfeited bond upon being charged with any one of the following offenses: A. Operating a motor vehicle for purposes of sale of intoxicating liquor B. Illegal possession for purpose of sale of intoxicating liquor. C. Illegal sale of intoxicating liquor, drugs or controlled substances. D. Illegal transportation of intoxicating liquor, drugs or controlled substances. E. Transporting persons for immoral purposes. F. Any crime involving moral turpitude which, in th opinion of the city council, renders such person unfit to operate a in for vehicle for the transportation of persons for hire. The above statements are true and accurate to the best of my knowledge. I hereby grant the City of Okeechobee permission to investigate all statements and any other items. they so desire, as it relates to me obtaining this permit. /W� 2 - 2 Applicant's Signature Date • FINANCE DEPARTMENT An investigation fee of Three dollars ($3.00) has been Finance Signature POLICE DEPARTMENT After investigation of this, Driver's Permit For Taxicabs, the recommends Approval / Disapproval of DONA] a Driver's Permit for Taxicabs. If disapproved, explain whj Police Agnature GENERAL SERVICES Based on this permit and any other information available t] approved disapproved this drivers pert 2003, until September 30, 2005, or until revoked whichever General Services Signature Department City Council on mes first. 08/11/2004 11:15 8633571ib RGK TRANSPORT 6 PAGE 02 Lawrence Insurance Agency, Inc PO Box 549 Okeechobee, FL 34973-0549 863-467-0600 863-467-5142 fax 10/24/2003 A-1 Taxi 6 All County Taxi P 0 sox 1672 Okeechobee, FL 34973-1672 Dear Mrs. Krieg: Thank you for permitting us to supply your new Business Auto po opportunity to serve as your insurance broker is appreciated. Your Canal Insurance policy, with an effective date of 09/08/20+ date of 09/08/2004, is enclosed. We have requested the change 1995 Ford van and add 1993 Buick Century. While we'll routinely be communicating regarding your account, p contact Marlene Buchanan, Account Representative, or me where change in coverage or when you might need to submit a claim. Mc quite familiar with your account and will personally monitor any tr policies. We're certain you will find this service to be an imports dealing with our agency. Please feel fret to call (863)467-0600 anytime you have questi insurance cover age$. 4_5inccrcly, w� Ronne awrence Account Executive . The 3 and a renewal be made to delete ase plan to ,r you need a ene Buchanan is zsactions for your benefit of regarding your 0011112004 11:15 8633571402 RGK TRANSPORT PAGE 04 .... . . ...... FLOKiOA AUTO INSURANCE IDENTIFicAro4--ARD compwy: cwn* Insurance Cc TIVE PoLcy o, 426427 WTV 09M&#2003 YEAk 1993 "mt&, sulcMontury VEHICLE bM: 1G4AG64f4OP"2320 L jNjuny PROISCTION 500N.Y"Jupry V LMILITY S ��Ty DAMAQE UAJMLI KNEF A-1 Taxi a All County TRW =D: P 0 Box 16T2 Okoechobee, FL 3473-1972 ADOW.G& (OPTIONAL) II NOT VALID FOR MOM THAN ONEyjAp rRoo EFFECTIVE LATE .. .............. ------ THIS CARD MUST OF_ KEPT IN THE INSURED VEHICLE AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT: Report all accidents to your Agenivoompany as soon as po*91ble• obtain the following information: 1. Name and address of each driver, passenger and witness. 2. Name of Insurance Company and P06CY number for each vehicle Involved. Rental cer owwage is pMvWod, we outline of coverew Mf11"4tWgTA=N OF INWRANCS IS A RRIFT DEGREE MDCMEAN09 ACOW 00 PL (3M) 0 ACORD CORPORATION 1014 08f11r',2004 11:15 8633571 16 RGK TRANSPORT 0 PAGE 03 No. 428427 BASIC AUTOMOBILE LIABILITY PO STOCK COMPANY 375658 Carnal Insurance Com any awr e o y -- DECLARATIONS GREENVILLE, SOUTH CAROLINA Items (864) 242-5365 1. Named Insured and Address A-1 TAXI 3 ALL COUNTY TAXI CORP. P.U. BOX 1672 OKEECHOBEE, FL 34973 [OKEECHOBEE county] 2 PolicY Period; 12 months From 9/8/2003 To 9/8/2004 12:01 A,M.,standard time at the address of the named insured as Stated herein. Business of the named Insured IS' TAXI • P SS— ENGE,,� Radius: _ UNhIMIi_ED- 3. Schedule as of Effective pate of this Insurance - As To: (a) 8wraed Automobdas; Descry don: FT Year of Pu pees of Use i y V Y. Trade Nsme ate' TYP* 9rd M0" lnuh Size: Tack LOW' IWmWxar�n (I I nia.: TaM gA!4 � Caoecnv: a $us Seehr�Ca�ecity A 3— is) No.: rl 199S FORD VAN I I 1FMCAl lUXSA14452 (b) Autornobile Medical payments Coverage: O"natsd Person Insured cci uninsured moteris" Coverages Designated parson Insured -- a. The insurance afforded is only with rasped to such and so many of the following ooveraga— s as are inc The limit of the Company's liatyility against each such coverage thereto. than be as stated herein, subject f0 all of OKEECHOBEE, FL C Designation of Automobiles Diviason 1A _. AUTO No. Insured Highway Vehioiss _ AUTO No. ed by specifle premlum charge or charges, terms of this insurance having eference UMrT OF LIABIL COVERAGES _ _ I AeChOC lin'6nCE ---- 000101ned Single Limit ecn person each 100.000 S 300 00 !A. Bodily Injury Liablhty 6. Property Damage Uatmilty f_ SEC. TION A .^ utortloolle Medical Payments. a D. Uninsured Motorists �00 BI T $20 00 BI � I premwm for Endorsements: 4$4,432.00 $4,432 txtxsements a to (TOTAL PREMIUM-1 (11.02) E-19 (12-91) E-104 FL (1i 92) E-106 (12-92) E-114 FL 1-96 A101,! ( ) n►o Notice; D-81 FL (2-93) 0-97 FL (1-93) Ip_pL (b-00) a oanrnent (east, carrdttlonai sale, purchase agreement, mortgage or other encumb nce, the Hamad insured Is the sole owner Of every vehicle described Item 3 above, urnuss otherwise stated herein: Counterslghod: SHELLY, MIODLEBROOKS 8 O'LEARY JACKSONVILLE, FL 32203 10/16/2003 C DANIEL C.O'LEAR , A195668 uthonzed Rapreyentetive SA 092276870 Sunshine Land asign kw. August 7, 2004 City of Okeechobee Oscar Bermudez 55 SE Third Avenue Okeechobee, FL 34974-2932 Re: CDBG Streetscape Project Dear Mr. Bermudez: Sunshine land Desi n ro 3291 Lionel Terrace Stuart. FL 3AC97 Telephone 772-283- 648 Fax 772.2$3•8944 Emell mowone The completion date of August 30, 2004 has been and still is the date. With the recent cement shortage we were only allocated a specific arnul t of cement and even with this allocation we neoehred many cancellations. The specialty items w1i regard to the Lights and Gazebo have been delayed by the Menufacturas weeks alter their Interidec delivery date. We had Intended on being completed well before now. I still believe given deadline. It is true that I could of had men on this project doing cleanup on other sm no materials no production. We bid this project with production in mind to with the Gazebo and benches being delivered last Friday we can man this results. Next week I am sending a thick to Chicago. They will load the lights the rr bring them directly to Okeechobee. I am not going to take the chance of the We can have the lights installed within 24 hours once they arrive. The only wild card at this time Is the lights. All other items including an ex by August 30, 2004. Thank you for your patients and I do greatly appreciate the work. Sincerely, 14 Timothy R. Taytor President, Sunshine Land Design Inc above we can make the chores, but bottom -lime is, re all parties money. Now, -ojact and show you some ite they are available and getting held up by freight, cleanup will to done TOTAL F.01 • • CITY OF OKEECH MEMORANDU TO: Mayor and City Council DATE: August 11, SUBJECT: Status Report FROM: Bill L. Vea Below is a brief summary of past and upcoming events. BEE City Administrator ADMINISTRATION GRIT — John Cook has recently unsuccessfully attempted to initiate contact with AND GENERAL potential re -insurance providers. He indicates he will continue to pursue this important SERVICES matter. Additionally, attorneys Cook and Robbins are working with staff in regard to preparing "interrogatories and requests to produce" (legal requests) and scheduling ofa deposition in response to the Berger Agency attrney's request. Industrial Park — The rail spur RFP has been August 18. It is anticipated the City Council w Delays in this process are in the result of bid hurricane on the previously scheduled bid -open to clear for EDA reimbursement to commence. when Mr. Meyer begins vertical construction. ivertised and bids will be opened on award the contract on September 7. )current addendums and a potential day. This should be the final hurdle TDF reimbursements will commence Gene Schriner continues to confirm an overall cc r timeline for the project, although both are very Li critical element from a budget perspective. Nancy Phillips indicates that we may need to ir. order to comply with our grants. If so, this September 7. The bridge contractor has begun to drive pi roadbeds continue. Discussions with CAS, R seem to indicate it would not be more cost portion of the street (from the lift station to fund. At this time, it would appear that as a i complete preparation of the roadbed and sur level with the grant budget and The rail spur amount will be a some of our contract documents in come before the City Council on Earthwork, clearing and building x Construction and Donnie Robertson :ctive to have Ranger complete the .glas Park) that the City will have to phase of construction, City staff will kg will then be bid separately. Downtown Streetscape Project — While the scarcity of concrete continues to cause delays, Donnie Robertson is working closely wit i the contractor and assures me we are still on schedule to complete work within parks 1, 3 and 4 before Labor Day. • Z i y�y f ADMINISTRATION Oscar Bermudez requested and received written explanation for the delays and that AND GENERAL response from the contractor has been copied to each City Councilman. SERVICES CONTINUED The possibility exists that we will receive full fimcling for this project and we would be able to address parks 5 and 6 as well. A possible work schedule is being considered (for after Christmas) should this funding become available. Please remember, there is also a storefront renovation element to the project. The architect is working closely with Nancy Phillips d has presented preliminary design. Nancy will be discussing the design proposals with the participants, staff and the City Council before final approval is requested from fie State. Impact Fees — A draft of the RFP for an Impact ee consultant has been prepared and will be included with City Council agenda materials for comment from the City Council on August 17. OUA — Bob Oliver has submitted a letter of resi tion from the OUA Board. Bob is retiring and moving out of state this month. We currently have no one to replace him as an alternate on the Board. Florida Power and Light — Attorney Cook and I will be meeting on August 24 with representatives of FPL to discuss their franchise a eement, which will expire next year. CDBG — We will advertise and conduct a public bearing (August 17) for the upcoming round of CDBG applications. While no current specific project has been identified, conducting the public hearing will keep the City eligible to submit should a suitable need be identified. Pension Fund Board Meeting — The city Admintistrator attended the august 9 meeting of the Pension Board and discussed (1) receiving contribution amounts sooner so they can be budgeted for (agreement reached). (2) receiving audit materials sooner so our audit can be completed sooner (OUA will see if this can be done). PUBLIC WORKS Donnie Robertson's staff continues with their efforts related to modification of the 0 Street boat ramp. In working with DEP, a baflle box must be installed before the project can be completed. However, the ramp is open for use. Work continues on this year's street projects. The authorization was given for work to commence on June 6. All resurfacing work has been completed with only the SW 12'` Avenue project remaining to be done. DEPARTMENT CODE Chief Smith reports that Jim Byrd is working ENFORCEMENT enforcement official, and Sammy Hancock conti Code Enforcement meeting this month. FINANCE I Our public hearing dates for the budget need to your August 17 meeting. well as the new part-time code to fill in as needed. There was no changed. This will be addressed at POLICE The Department has encountered difficulties of late related to noise complaints. Staff DEPARTMENT has provided Attorney Cook a copy of the Vero Beach noise ordinance and we are hopeful a useful ordinance for Okeechobee can be drafted from that example and presented to the City Council. FIRE Chief Smith reports that a new repeater system has been installed and is functional. DEPARTMENT This will enhance communication capabilities and improve safety for our on scene safety personnel. Chief Smith anticipates the loss of personnel as a result of the opportunity to work for higher wages at near -by departments (County and Reservation). CITY ATTORNEY I The following are included in the items I have asked Attorney Cook to address. 1. GRIT related re -insurance issues. 2. Closing on the sale of the option land to 3. Draft an enforceable noise ordinance. 4. Hamrick Trust — John is in discussion wit 5. Research annexation issues. 6. LDR issues, such as conversion of forme and CBD site regulations and new devel 7. Marvin Brantley's continuing situation. 8. Various LDR issues, including the comr. curb and guttering issues. 9. Work with Administrator and FPL 1 agreement. Meyer. the County Attorney on this matter. residential structures to commercial oment within the CBD. of site -work and sidewalk, a renewal of the franchise K, Page 124Dkeechobee TIMES, Thursday, August 12, 2004 Legal,s & NOTICE OF APPLICATION FOR TAX DEED CASE NUNI BER 2004-TD-026 NOTICE IS HEREBY GIVEN, that LARRY AND ELIZABETH JOHNSON the holder of the following certificate, has filed said certificate for a tax deed to be issued thereon. The certificate number and year of issuance, die description of the property, and the names in winch it was assessed are as follows: Certificate Na 2065 Year of Issuance 2000 Description of Property: 1-15-36-35- D040-00140-00,10 ORANGE BLOSSOM RANCHES LOT 4 BLOCK 14 Name in which assessed FORCHUK WALDEMAR. RHAFICK WILLIAMS Said property being in the County of OKEECHOBEE, State of Florida. Unless such certificate shall be redeemed according to law the property described in such certificate shall be sold to the highest bidder. The sale shall be held in die Okeechobee Comity Courthouse, County Commission Chambers, lo- cated at 304 N.W. 2nd Street, Room 103, Okeechobee, Florida, on the August 31, 2004 at 11:00 a.m. Dated this 16th day of July, 2004. Signature: Marlah Anuez DEPUTY CLERK SHARON ROBERTSON Clerk of Circuit Court of OKEECHOBEE County, Florida PUBLISH DATES: 07/22/2004; 07/2912004; 09/0512004; 08/12/21104 The Okeechobee TIMES _--_ NOTICE OF APPLICATION FOR TAX DEED C,\SF. NIIN1ntF.R 2004-1-it-027 NOTICE IS HEREBY GIVEN, that P- A. & LUCY W0001 L\M the holder of the following certificate, has filed said cenificate for a tar deed to be issued thereon. The certificate number and year of issuance, !tic des, riplion of die property, and die n noes in wild, h it was assessed are as follow s: a Certinrrde No. 917 Year of Issuance 2000 Description of Property: 1-23-34-33- OA00-00004-N000 El/2 OF W12 OF S12 OF SI/2 OF TRACT 04 23 34S 33E 1.25 ACR ES Name in which assessed NHLTON IL & EVELYN L. SELI ZER Said property being in the County of OKEECHOBEE, State of Florida. Unless sucli certificate shallbe redeemed according to law the property described in such certificate shall be sold to the highest bidder. T h,sale shall be held in the Okeechobee County Courthouse, County Commission Chambers, lo. cated at 304 N.W. 2nd Street, Room 103, Okeechobee, Florida, on the August 31, 2004 at 11:00 a.m. Dated this 161h day of July, 2004. Signature: Marlah Anuez DEPUTY CLERK SHARON ROBERTSON Clerk of Circuit Court of OKEECHOBEE County, Florida. PUBLISH DATES: 0722/2004; 07129/2004; 08/05/2004; 08/12/2004 The Okeechobee TIMES NOTICE OF APPLICATION FOR TAX DEED CASE NUMBER 2004-TD-029 NOTICE IS HEREBY GIVEN, that SYLVESTER BUTLER the holder of Ore fol- lowing certificate, has fried said certificate for a tax deed to be issued thereon. The certificate number and year of issuance, the description of the property, and the names in which it was assessed are as follows: Cerllncw* No. 2480 Year of Issuance 2000 Description of Property: 1-15-37-35- 0040-00110-0110 RAILROAD ADDITION LOT 11 BLOCK 11 Name in which assessed ROSENA ROUSE BIVINS Said property being in the County of OKEECHOBEE, State of Florida. Unless such certificate shall be redeemed according to law the property described in such certificate shall be sold to the highest bidder. The sale shall in held in the Okeechobee County Courthouse, Comity Commission Chambers, lo- cated at 304 N.W. 2nd Street, Room 103, Okeechobee, Florida, on the August 31, 2004 at 11:00 a.m. Dated this 16th day of July, 2004. Signature Markah Anuez. cared at 304 N.W. 2nd Street, Room 103, Okeechobee, Florida, on the September 14, 2004 at 11:00 a.m. Dated this 3011a day of July, 2004. Signature: Marlah Anuez DEPUTY CLERK SHARON ROBERTSON Clerk of Circuit Court of OKEECHOBEE County, Florida PUBLISH DATES: 08/05/2004; 09/12/2004; 08/19/2004; 08126/2004 The Okeechobee TIM FS NOTICE OF APPLICATION FOR TAX DEED CASE NUMBER 2004-TD-031 NOTICE IS HEREBY GIVEN, that TONYA FORD the holder of the following cer- tificate, has filed said certificate for a tax deed to be issued thereon The certificate number and year of issuance, the description of the prop- erty, and the names in which it was assessed are as follows: CerOOcate No. 2553 Year of Issuance 2002 Description of Property: 1-15-36-35- 0040.00110-0090 ORANGE BLOSSOM RANCHES LOT 9 BLK Il Name in which assessed PAUL BOGNER Said property being in the County of OKEECHOBEE, State of Florida. Unless such certificate shall be redeemed according to law the property described in such certificate shall be sold to the highest bidder. The sale shad be held in the Okeechobee County Courthouse, Comity Commission Chambers, lo- cated at 304 N.W. 2nd Street, Room 103, Okeechobee, Florida, on the September 14, 2004 at 11:00 a.m. Dated this 30th day of July, 2004. Signature: Marlah Anuez DEPUTY CLERK SHARON ROBERTSON Clerk of Circuit Court of OKEECHOBEE County, Florida PUBLISH DATES: 09105/2004; 09/122004; 09/19/2044; 08/26/2004 The Okeechobee TIMES NOTICE OF APPLICATION FOR TAX DEED CASE NI tM BE R 2004-TD-032 NOTICE IS HEREBY GIVEN, that OKEECHOBEE COUNTY die holder of the following certificate, has filed said certificate for a tax deed to be issued thereon. The certificate number and year of issuance, the description of the property, and the names in which it was assessed are as follows: Certiticale No. 75 Year of Issuance 1998 Description of Property: 1-10-34-33- OA00-00018-J000 WI/2 OF E12 OF N V2 OF S1/2 OF TRACT 18 10 34S 33E 1.25 ACRES Name in which assessed GWENDOLYN & PAUL MOONEYIIAM Said property being in the Comity of OKEECHOBEE, State of Florida. Unless such certificate shall be redeemed according to law the property described in such certificate shall be sold to the highest bidder. The sale shall be held in the Okeechobee County Courthouse, Comity Commission Chambers, lo- cated at 304 N.W. 2nd Street, Room 103, Okeechobee, Florida, on the September 21, 2004 at 11:00 a.m. Dated this 6th day of August, 2004. Signature: Marlah Anuez Deputy Clerk SHARON ROBERTSON Clerk of Circuit Court Okeechobee Comity, Florida PUBLISH DATES: 09/12/2004; 09/19/2004; 09/26/2004; 09/02n004 The Okeechobee TIMES NOTICE OF APPLICATION FORTAXDEED CASE NUMBER 2004.TD-033 NOTICE IS HEREBY GIVEN, that OKEECHOBEE COUNTY the holder of the following certificate, has filed said certificate for a tax deed to be issued thereon. The certificate number and year of issuance, the description of the property, and the names in which it was assessed are as follows: Certificate Na 172 Year of Issuance1998 Description of Property: I-11-34-33- OAOO-00028-BODO W 12 OF E1/2 OF Nl/2 OF N12 OF TRACT 2911 34S 33E 1.25 ACRES Name in which assessed ERICK & Dated this 6th day of August, 2004. Signature: Marlah Anuez Deputy Clerk SHARON ROBERTSON Clerk of Circuit Court Okeechobee County, Florida PUBLISH DATES: 09/12/2004; 08/19/2004; 08/26/2004; 09/02/2004 The Okeechobee TIMES NOTICE OF APPLICATION FORTAX DEED CASE NUMBER 2004-TD-037 NOTICE IS HEREBY GIVEN, that OKEECHOBEE COUNTY the holder of the following certificate, has filed said certificate for a tax deed to be issued thereon. The certificate number and year of issuance, the description of the property, and the names in which it was assessed are as follows: CertitkateNo.504 Year of Issuance 1998 Description of Property: 1-14-34-33- OA00-00032-000O W I/2 OF E12 OF S1/2 OF N1/2 OF TRACT 32 14 34S 33E L25 ACRES Name in which assessed CHL HOLDINGS INC Said property being in the County of OKEECHOBEE, State of Florida. Unless such certificate shall be redeemed according to law the property described in such certificate shall be sold to the highest bidder. The sale shall be held in the Okeechobee County Courthouse, Comity Commission Chambers, lo- cated at 304 N.W. 2nd Street, Room 103, Okeechobee, Florida, on the September 21, 2004 at 11:00 a.m. Dated this 6th day of August, 2004. Signature: Mortals Anuez Deputy Clerk SHARON ROBERTSON Clerk of Circuit Court Okeechobee Comity, Florida PUBLISH DATES: 09/12/2004; 09/19/2004; 09/2612004; 09/02/2004 The Okeechobee TIMES _^_Y NOTICE OF APPLICATION FORTAX DEED CASE NUMBER 2004-TD-039 NOTICE IS HEREBY GIVEN, that OKEECHOBEE COUNTY the holder of the following certificate, has tiled said certificate for a tax deed to be issued thereon. The certificate number and year of issuance, the desorption of the property, and the names in which it was assessed are as follows: Certificate No. 575 Year of Issuance 1998 Description of Property: 1-16.34-33- OA00-00001-FODO El/2 OF W12 OF S V2 OFN1/2 OF TRACT Ol 16 34S 33E 1.25 ACRES Name in which assessed DOROTHY WEIR Said property being in the County of OKEECHOBEE, State of Florida. Unless such certificate shall be redeemed according to law the property described in such certificate shall be sold to the highest bidder. The sale shall be held in the Okeechobee County Coutthouse, County Commission Clambers, lo- cated at 304 N.W. 2nd Street, Room 103, Okeechobee, Florida, on the September 21, 2004 at 11:00 a.m. Dated this 6th day of August, 2004. Signature: Marlah Anuez Deputy Clerk SHARON ROBERTSON Clerk of Circuit Court Okeechobee Comity, Florida PUBLISH DATES: 09112/2004; 08/1912004; 08/26/2004; 09/02/2004 The Okeechobee TIMES NOTICE OF APPLICATION FOR TAX DEED CASE NUMBER 2004-TD-039 NOTICE IS HEREBY GIVEN, that OKEECHOBEE COUNTY the holder of the following certificate, has filed said certificate for a tax deed to be issued thereon. The certificate number and year of issuance, the description of the property, and the names in which it was assessed are w follows: Certtifiote No. 582 Year of Issuance 1998 Description of Property: 1.16-34.33- GA00-OOD04-L000 W12 OF W 1/2 OF Nl/2 OF S12 OF TRACT 04 16 34S 33E 1.25 ACRES Name in which assessed STANLEY S & VIVIAN DOUGHERTY Said property being in the County of OKEECHOBEE, State of Florida. Clerk of Circ Okeechobee PUBLISH I NOTICEOF JUAN & YO holder of the fol certificate for a The certificate the description in which it was CeNncate Na BLOCK 35 Name it REUTEBUCH, HEATHER JE Said Fri of OKEECHO Unless sn according to Is% certificate shall Tine sale shall be Courthouse, Co! cated at 304 1 Okeechobee, Fk at 11:00 a.m. Dated this 6th Signature: Mai Deputy Clerk SHARON ROE Clerk of Circuit PUBLISH DA 08126/2004; 05 The Okeechob NOTICE OF NEW ST STE holder of the fo certificate for a The certificate the description in which it was Certificate Na SOUTHERN AND 5LESS Name EPPS, SHER Said p of OKEECH Unless according to h certificate sha The sale shall Courthouse, C cated at 304 Okeechobee, I at 11:00 a.m. Dated this 611 Signature: M Deputy Clerk SHARON RC Clerk of Circu Okeechobee ( PUBLISH D, 09/26/2004;t The Okeecho las hty, Florida COUNCIL MEETING NOTIC S: 09/12/2004; OS/19/2004; NOTICE IS HEREBY GIVEN Out On - ZJ2004 City of Okeechobee City Coma will meet in TIMES Regular Session on Tuesday, August 17, 21104. ---•— ^-- 6:OOpm City Hall, 55 SE 3rd Ave., Run 200, LICATION FOR TAX DEED Okeechobee, Florida. The public is invited and MBER 2004-TD-043 encouraged to attend. For a copy of Ore agenda IS HEREBY GIVEN, that contact City Administration at (863) 763-3372 1 4NDA SOLORANZO the wing certificate, has filed said x 212. PLEASE TAKE NOTICE AND BE CO x deed to be issued thereon. ADVISED that if any person desires to ap- — miber and year of issuance, the property, and the names peal any decision made by the City Council with respect to any matter considered at this 3 ; sessed are as follows: meeting, such interested person will need a PIE 569 Year of issuance 2000 record of the proceedings, and for such pur- may need to ensure a verbatim record 21. inof Property: 1.17-37.35- pose of the proceedings is made, which record in- OE PARK LOTS 9 AND 10 eludes the testimony and evidence upon which the appeal is to be based. Tapes are used for which assessed CASPER the sole purpose of back-up for the Clerks 8f! EDWARD JAMES RICH, N RICH Office. In accordance with the Americans with S I t perty being in the County Disabilities Act (ADA) and Florida Statute rai ',EE, Slate of Florida. 286.26, persons with disabilities needing spe- b E :h certificate shall be redeemed cial accommodation to participate in this pro- the property desrnbed in such ceeding should contact lane Gamiotmi no Co w sold to the highest bidder. later than two (2) working days prior to the D P held in the Okeechobee County Proceeding at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1-800. (4L atycommission Chombers,lo- ,W. 2nd Street, Room t03 222-3448 (voice) or 1-888-447.5620 (TYY). ida, on the September 21, 200 LANE GAM►OTEA, City Clerk UBLISII0811 V21814 ay of August, 2004. KFF:CHOBEE TIMES So' .h Anuez NOTICE pie: ERTSON a Value Adjustment Bo of kitz :ourt Okeechobee County will convene its annual aV2 mty, Florida organizational meeting on Tuesday, Augu.+t 21, ES: 03/12/2004; 08/19/2004; .2004 at 10:00 a.m. in County Commission 33� 32/2004 Chambers, 304 NW 2nd Street, Courthouse, WV e TIMES Okeechobee, Florida. #C Any person deciding to appeal any deci- PLICATION FOR7AX DEED sion made by the board with respect to any Ind JMBER 2004-TD-044 matter considered at such meeting will need a IS HEREBY GIVEN, that record of the proceedings, and that, for such 'HEN A M E CHURCH the purpose, he or she may need to ensure that a owing certificate, has filed said verbatim record of the proceedings is made, I A ax deed to be hued thereon. which record must include the testimony and C! !umber and year of issuance, evidence upon which the appeal is based. ifthe property, and the names Clif Betts, Jr., Chairman P ssessed are as follows: Value Adjustment Board !� 1665 Year of zssranis, 2001 Sharon Robertson, Clerk ion of Property: 1.15-37-35- Value Adjustment Board Be 1 PUBLISH: 08/12n004;08/19/2004 ea 'INES ADDITION LOTS 4 OKEECHOBEE TIMES 63 10 FT BLOCK 2 -------------------------- n which assessed ANDREW I SCANITA MCFADEN Want To Buy , _ iperty being in the County BEE, State of Florida.ich certificate a redeemedION Be QL Ore property described in such 76 highest bidder. be sold to thea big be — held in the Okeechobee County -- - orgy CO missionChambG1s,lo T.W. 2nd Street, Room I03, FloatingDock, Could be old on- p CC rida, on the September 21, 2004 toon boat. 357-4404 90 be day of August, 2004. fah Anuez I pay the most for broken out- tin! 1ERTSON boards. Call for the BIG bucks. 81 Court Barry 863-763-5063 or 863-610- tntty, Florid 1126 /cell _ rES: 08/12/2004; 08/19/2004; der»nna Cr TIMES NOTICR PLICATION FOR TAX DEED UMBER 2004-TD-045 C IS HEREBY GIVEN, that NEW HEN A M E CHURCH the holder of the f IS certificate, has filed said certificate for tax deed to be issued thereon. The certificate number and year of issuance, the description of the property, and the names in which it was assessed are as fo➢ows: CerfifkateNo,2664 Year of igun ance 2001 Desoi fion of Property: I-15-37-35- 0060-00020-00 SOUTHERN PINES ADDITION LOT 3 LESS E 10 rl BLOCK 2 Name in which assessed CLEVE LEON EPPS Said property being in the County of OKEECH BEE, State of Florida. Unless It catifi®te stall be redeemed according to la the property described in such artificste be sold to the highest,bidder PROBLEM ROOFS WANTED!!! Model Homes Needed! To Show Off Our New Lifetime Roof. Call now to See if you Qualify. Lic#CRC015276. 1-800-937- 6635 ext. 208(fp) PROBLEM WINDOWS ice WANTED[!! Model Homes gu Needed! To Show Off Our New 80 Lifetime Roof. Call Now to See if you Qualify. Lic#CRC015276. _ 1-800-937-6635 ext. 208(fp) Do got used directs & dish-