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2005-06-21 Regular Meeting270 CITY OF OKEECHOBEE JUNE 21, 2005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: June 21, 2005 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Duane Eatmon, Treasure Island Baptist Church; 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 Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. PAGE 10F 7 Mayor Kirk called the June 21, 2005 Regular City Council Meeting to order at 6:00 p.m. In the absence of Pastor Eatmon, the Invocation was offered by Pastor Jim Hudson of the Church of the Nazarene; The Pledge of Allegiance was led by Mayor Kirk. Deputy Clerk Eddings called the roll: Present Present Present Present Present Present Present Absent (Attending Florida Association of City Clerks Conference) Present Present Present Present A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Sumnary of Council Action for the June Council Action for the June 7, 2005 Healthcare Options Workshop and 7, 2005 Healthcare Options Workshop and the June 7, 2005 Regular Meeting; seconded by Cou^cii Member Williams. the June 7, 2005 Regular Meeting. 1 .TUNE 21, 2005 - REGULAR MEETING - PAGE 2 OF 7 279 IV. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of VOTE Council Action for the June 7, 2005 Healthcare Options Workshop and KIRK - YEA the June 7, 2005 Regular Meeting continued. CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. V. WARRANT REGISTERS - City Administrator. A. Motion to approve the May 2005 Warrant Register: Council Member Watford moved to approve the May 2005 Warrant Register in the amounts: General Fund, two hundred forty-seven thousand, two hundred eighty-two dollars and eight cents ($247,282.08); Industrial Development General Fund ................................ $247,282.08 Fund, one hundred twenty-two thousand, six hundred twenty-two dollars and ninety-one cents ($122,622.91); CDBG Industrial Development Fund .................... $122,622.91 Grant Fund, eighty-nine thousand, seven hundred thirty-eight dollars and nine cents ($89,738.09); Public Facility CDBG Grant Fund ............................. $89,738.09 1 Improvement Fund, two hundred ninety-five dollars and seventy cents ($295.70); seconded by Council Member Public Facility Improvement Fund .................... $295.70 Williams. 1`lSYVZ KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. 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 additions, deferrals, or withdrawals of items on today's agenda. New agenda. Business item 1 A was added, a presentation from Betty Williamson of the Historical Society. VII. OPEN PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT ADOPTION - MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT ADOPTION AT 6:10 P.M. Mayor. A. 1. a) Motion to read by title only and adopt proposed Ordinance No. 897, Council Member Watford moved to read by title only, proposed Ordinance No. 897, amending Section 66-1, Definitions amending Section 66-1, Definitions of the Land Development of the Land Development Regulations; seconded by Council Member Markham. Regulations - City Attorney (Exhibit 1). 11 .TUNE 21, 2005 - REGULAR MEETING - PAGE 3 OF 7 VII. PUBLIC HEARING CONTINUED. A.1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 897 by title only 2. a) Motion to adopt Ordinance No. 897. b) Public comments and discussion. c) Vote on motion. B.1. a) Motion to accept the Dedication and Final Plat of Aid Acres Subdivision - David and Anita Nunez (Exhibit 2). b) Public comments and discussion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILI-mms - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 897 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCENO. 716ANDASAMENDED, SECTION 66-1 THEREOF, TO AMEND THE DEFINITION SET OUT THEREIN FOR WELLHEAD PROTECTION AREA; PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 897; seconded by Council Member Chandler. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The Council briefly discussed this item. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Markham moved to accept the Dedication and final Plat of Aid Acres Subdivision; seconded by Council Member Chandler. The matter before the City Council is to accept the Dedication and Final Plat of Aid Acres. The property owners are Mr. David and Mrs. Anita Nunez. The contact person is Mr. Tom Murphy and the Engineer for the project is Mr. Loris Asmussen. The property is located North of Blue Heron Golf and Country Club and South and East of the intersection of Southeast 91h Avenue and Southeast 11 `h Street. Aid Acres is a 24 lot subdivision consisting of .5 acre (minimum .TUNE 21, 2005 - REGULAR MEETING - PAGE 4 OF 7 281 1 VII. PUBLIC HEARING CONTINUED. B.1. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING. VIII, NEW BUSINESS, ITEM ADDED TO AGENDA:1. A. Presentation from the Historical Society - Betty Williamson. size) single-family lots. The Preliminary Plat was approved by City Council on May 3, 2005. The project was advertised as required. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Engineer Asmussen, was present to address any questions or concerns from the Council. Council Member Watford stated his concern regarding drainage in the area. It was noted for the record that Engineer Asmussen responded that there will be no problems with drainage. Other matters of concern addressed by Council Member Markham were the connection of the streets and the number of fire hydrants. After looking at the plans and a brief discussion, it is apparent that the proposed plan of connecting to Southeast 9" Avenue is the best option. A seventy foot right-of-way is formatted for this connection. Mr. Tom Murphy, was present and responded that Fire Chief Smith had requested a minimum of five fire hydrants, however, the proposed subdivision has six. Attorney Cook stated that City Engineer Bermudez has taken care of following up to make sure everything is in order for this plat. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:20 P.M. Ms. Betty Williamson, President of the Historical Society, was present to address the City Council with the presentation. In honor of the City of Okeechobee's Ninetieth Year Birthday Celebration, the Historical Society is offering, as a gift, a mural of the City Seal to be painted on the North side of the City Hall building. The Historical Society is providing the funding for this project but has asked that the City take on an unexpected financial responsibility of preparing the building to be painted. There is a patch located on the wall of the North side of the 282 .TUNE 21, 2005 - REGULAR MEETING - PAGE 5 OF 7 VIII. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: 1. A. Presentation from the Historical Society continued. building which would need to be sanded for a smooth finish before painting can occur. Ms. Kathy Scott, a local artist, who has painted other murals in Okeechobee, will be painting this mural as well. The expected deadline for this project is July 13, 2005 in honor of the first City Council meeting which was held July 13,1915. The Council expressed their thanks and gratitude for this wonderful gift. Council Member Watford moved to accept the donation of the City Seal Mural from the Historical Societ with extreme gratitude and to instruct the City Staff to make the necessary preparations: seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. A. Motion to approve authorization to proceed with the Syble's Flowers Council Member Watford moved to approve authorization to proceed with the Syble's Flowers & Gifts building as part & Gifts building as part of the CDBG Commercial Rehabilitation of the CDBG Commercial Rehabilitation Program; seconded by Council Member Markham. Program - Nancy Phillips (Exhibit 3). Nancy Phillips, the Grants Funding Specialist for the City, was not present to address the Council on this matter. The Council had received a memo from Ms. Phillips stating the reason for this request is that Displays System has withdrawn their building from participating in the Community Development Block Grant Project since the building is not being occupied at this time, and a building must be occupied at the time of the rehabilitative process. In place of Display Systems, Ms. Phillips has contacted Syble's Flowers and Gifts. This building has multiple tenants and the building would be eligible to receive up to fifteen thousand dollars for rehabilitative assistance. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. .TUNE 21, 2005 - REGULAR MEETING - PAGE 6 OF 7 VIII. NEW BUSINESS CONTINUED. B. Motion to appoint a voting delegate for the 2005 Annual Florida Council Member Chandler moved to appoint City Administrator Brian Whitehall as a voting delegate for the 2005 League of Cities Conference - City Administrator (Exhibit 4). Annual Florida League of Cities Conference; seconded by Council Member Markham. Mayor Kirk recommended that this would be a great opportunity for Administrator Whitehall to meet new contacts, since he is new to our state and area. Mr. Whitehall stated he would appreciate going. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. C. Motion to adopt Resolution No. 05-07 regarding the City granting Council Member Watford moved to adopt Resolution No. 05-07 regarding the City granting consent to transfer consent to transfer assignment and change of control from Adelphia assignment and change of control from Adelphia Communications Corporation to Comcast Corporation as the cable Communications Corporation to Comcast Corporation as the cable television provider for the City of Okeechobee; seconded by Council Member Markham. television provider for the City of Okeechobee - City Attorney (Exhibit 5). Attorney Cook read proposed Resolution No. 05-07 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA GRANTING CONSENT BY THE CITY COUNCIL TO ASSIGNMENT FROM TELESAT ACQUISITION LIMITED PARTNERSHIP ("TALP") (ALSO KNOWN AS ADELPHIA COMMUNICATIONS CORPORATION) TO AN AFFILIATE OF TIME WARNER AND CONSENT TO THE CHANGE OF CONTROL. FROM TIME WARNER TO A WHOLLY OWNED SUBSIDIARY OF COMCAST CORPORATION AS THE CABLE TELEVISIONPROV/DER FOR THECITYOFOKEECHOBEE, FLORIDA; PROVIDING FORANEFFECTNEDATE." Ms. Gwen Cogan, Directorof Government and Community Affairs forAdelphia and Mr. Klayton Fennell, Vice President of Comcast of Florida, was present. Mr. Fennell informed that this process would be a two step paper transfer only. The staffing personnel and services would remain the same. Since they are the largest cable company in the United States, they are excited about expanding and being able to offer new services in the future to our area. Attorney Cook advised that the City has a franchise agreement with Adelphia and with this transfer the upgrades will be incorporated in the new franchise. 283 JUNE 21, 2005 - REGULAR MEETING - PAGE 7 OF 7 VIII. NEW BUSINESS CONTINUED. C. Motion to adopt Resolution No. 05-07 regarding the City granting consent to transfer assignment and change of control from Adelphia Communications Corporation to Comcast Corporation as the cable television provider for the City of Okeechobee continued. IX. ADJOURN MEETING - Mayor. Please take notice and be advised that when 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. James E. Kirk, Mayor ATTEST: Lane Gamiotea, C C, City Clerk Mr. Fennell was impressed with the celebration of the City of Okeechobee's ninetieth year birthday and has offered for Comcast to pay a portion of the funding for the mural. The Council expressed their thanks and welcomed him aboard to our community. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 6:45 P.M. The next regularly scheduled meeting is July 5, 2005. AFFIDAVIT OF OBLISHER OKEECHOBElrTIMES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #12838 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 In the Court, was published in said newspaper in the issues of 06/16/2005 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A. Hughes, Jr., (Publisher Sworn to and subscribed before me this & tk, day of A.D. 2005 (SEAL) Notary Public `o�PpYP,; Koseaiee A. B nnan Commission #DD I8483 =.:oe Expires: Jun 25 2008 'col' �o?: Bonded DO Atlantic Bonding qo., Inc. NOTICE OF CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the. City of Okeechobee City Council will meet in Regular Session on Tuesday, June.21, _2005, 6:00pm,-City: Hall, 55 SE 3td Ave., Rm. 200, ° Okeechobee, Florida. The public is invited and encouraged to attend. For a copy of the agenda contact City Adthinistrntion at (80) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that iPany person desires to ap- peal any decision made by the City, Council with respect to any matter: considered arthis meeting; such: interested person will rued u record ofthe proceedings, and for such, put - pow may need- to ensure a verbatimrecord of the proceedings is tirade, which record in-' eludes the testimony and evidence upon which the appeal is to be based. Tapesareused: for;,.:. thesole purpose of back-up for the Clerk's;;.. cOffice.. In accordance with the Americans with Disabilities Act (ADA)'aud Florida Statute 286.26, persons with disabilities needing spe- cial accommodationto participate in this pro- ceeding should contact Lane Gamiotea, no later than two'(2) working days prior. to,.the proceeding at 863-763-3372 x 214; if you are hearing or voice unpaired, calf TDD 1.800+. 222-3448 (voice) or 1-888-447-5620'(TM. LANE GAMIOTEA, CMC,-City Clerk PUBLISH 06/16MM OKEECHOBEE TIMFS a _r. Tape 1 side A CITY OF OKEECHOBEE - June 21, 2005 - REGULAR CITY COUNCIL HANDWRITTEWMINUTES I. CALL TO ORDER - Mayor: II. OPENING CEREMONIES: Invocation given by Pastor - - -- - - Church: Pledae of Alleaiance led ilt 11fiAYOR, 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. "J Codricil°Member Lydia Jean Williams City Administrator Brian Whitehall City-Aft&ney John R. Cook City Clark Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis I ,� Fire Chief Herb Smith ✓' Public Works Director Robertson c M AppED TQ ENDA: PRESENTATION. Historical Society - Bell tV. MIINtiTES= Clay Clerk: A. Council Member moved to dispense with the of Council Action for the June 7, 2005 Regular Meeting; seconded It _ ___ VOTE KIRK -CHANDLER. MARKHAM WATFORD- _ . L. WILLIAMS MOTION: DENIED/ RRIED. V. WARRANT REGISTERS - City Administrator. / A. Council Member ` moved to approve the �,(.�L�7js-�;, - -amounts:` General Fund, too hundred forty-seven thousand two h cent ($247,282.08); Industrial Development Fund, one hundred 'fwe ity-two dollars and ninety-one cent ($122,622.91); CDBG seven hundred thirty-eight dollars and nine cent ($89,738.09); Pu hurtdr d— 'net -five dollars and seventy cent ($295.70); " Page -1- L etaf 'l%% '� / l�zv�i /�— Absent Williamson. 11S ;ading and approve the S mmary Council Member CJ.c=ram ay 2005 Warrant Register in the dred eighty-two dollars and eight ,enty-two thousand, six hundred ant Fund, eighty-nine thousand, Facility Improvement Fund, two :=nded by Council Member • VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/(tRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR AT : ( P.M. A.1. a) Council Member moved to read by title amending Section 66-1, Defi - tions of the and Development Re seconded by Council Member �►��;� . b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS - MOTION: DENIEDRRIED C) Attorney Cook read proposed Ordinance No. 897 by title only as folic CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE SECTION 66-1 THEREOF; TO AMEND THE DEFINITION SET 01 PROTECTION AREA; PROVIDING FOR CONFLICTS, SEVERA EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Or Council Member b) Public comments and discussion. c " LtkAZd LbeA C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIEitARRIFn1 Page -2- is agenda. AND FINAL PLAT ADOPTION tly proposed Ordinance No. 897, lations - City Attorney (Exhibit 1); "AN ORDINANCE OF THE �. 716 AND AS AMENDED, THEREIN FOR WELLHEAD .ITY, AND PROVIDING AN inance No. 897; seconded by r • • B.1. a) Council Member VILLk",Z n4oved to accept the DE Subdivision - David and Anita Nunez (Exhibit 2); seconded by b) Public comments and discussion. �Jk a r- ` ti 14.Tw,4 J4 0,4 lilt -4, �. U C) Vote on motion VOTE YEA NAY -ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ ARRiFn MAYOR KIRK CLOSED THE PUBLIC HEARING AT !2 0 P.M. Page -3- on and final lat of Airi.Acres cil Member. � r q 0r • Vill. NEW BUSINESS. A. Motion t approve authorization to proceed with the Syble's Flo, CDBG Commercial Rehabilitation Program - Nancy Phillips (Exh Vote on moticn VOTE YEA NAY ABSTAIN A KIRK BSENT CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENT�'/CARRIED Page -4- ers & Gifts building as part of the )it 3) _.................. 0 B. Vote on motion Page -5- Council Member a moved to appoint `v the 2005 Annual Florida Leagpe of Cities Conference-- City Administrator (Exhibit 4); seconded b delegate r Council Member y L VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DEN Q CARRIE . 9 • C. Council Member ' moved to granting consent to tran r assignment and change otf contn Corporation to Comcast Corporation as the cable television rovic Attorney (Exhibit 5); seconded by Council Member a Attorney Cook to read proposed Resolution No, 05-07by title only as follow OF OKEECHOBEE, FLORIDA GRANTING CONSENT BY THE ( ASSIGNMENT AND CHANGE OF CONTROL FROM TELESAT ACQU ("TALP") (ALSO KNOWN AS ADELPHIA COMMUNICATIONS C CORPORA TIONAS THE CABLE TELEVISION PROVIDER FOR THE CI PROVIDING FOR AN EFFECTIVE DATE." NY --- / n A7 . , C d iLd l v � ! ... _ � �,. • _ LC- yam. ��JJ �'�.,�-� : �-. r Vote on -motion. VOTE Y KIRK NAY ABSTAIN ABSENT _ CHANDLER MARKHAM WATFORD L. WILLIAMS j�I -- MOTION; DEI�I 6I LARRIGn IX. MAYOR KIRK ADJOURNED THE MEETING AT P. M. Page -6- m No. 05-07 regarding the City from Adelphia Communications fyr the City of Okeechobee - City : "A RESOLUTION OF THE CITY TY COUNCIL TO TRANSFER iITION LIMITED PARTNERSHIP )RPORA TION) TO COMCAST V OF OKEECHOBEE, FLORIDA; vy�z-c �4 • � %; f.,c�;: , a • Asa .y;BSd MEMORANDUM 0 TO: Robin Brock, Executive Secretary FROM: Lane Gamiotea, City Clerk SUBJECT: June 21 Agenda Items/Exhibits DATE: June 14, 2005 The following are the items needing to be considered at the June 21, 2005 Regular City Council Meeting: 1. Approve June 7, 2005 Workshop and Regular Meeting minutes. (Copies should be in your box, if not, contact Melisa) 2. Public Hearing Items: �Ar Accept the Dedication and Final Plat of Airi Ac es Subdivision - Mr. David and Mrs. Anita Nunez (exhibit materials were submitted to GS) Adopt proposed Ordinance No. 897 amending the definitions of the LDR's - City Attorney (revised copy attached for exhibit, lease also attach additional information from GS) THANKS!! CITY OF OKEECHOBEE JUNE 21, 2005 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 I. CALL TO ORDER - Mayor: June 21, 2005 City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Duane Eatmon, Treasure Island Baptist Church; - l 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 y . Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis „_ , Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 7, 2005 Healthcare Options Workshop and the June 7, 2005 Regular Meeting. DUNE 21, 2005 - CITY COUNCIL AGENDA - PAGE 2 OF 3 V. WARRANT REGISTER - City Administrator. A. Motion to approve the May 2005 Warrant Register. General Fund $247,282.08 Industrial Development Fund $122,622.91 CDBG Grant Fund $ 89,738.09 Public Facility Improvement Fund $ 295.70 • VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT ADOPTION - Mayor. A.1.a). Motion to read by title only and adopt proposed Ordinance No. 897, amending Section 66-1, Definitions of the Land Development Regulations - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 897 by titre only. 2.a) Motion to adopt Ordinance No. 897. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to accept the Dedication and Final Plat of Aid Acres Subdivision -David and Anita Nunez (Exhibit 2). b) Public comments and discussion. JUNE 21, 2005 - Crry COUNCIL AGENDA - PAGE 3 OF 3 Mi. PUBLIC HEARING FOR ORDINANCE AND FINAL PLAT ADOPTION CONTINUED. B.1.c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. • A. Motion to approve authorization to proceed with the Syble's Flowers & Gifts building as part of the CDBG Commercial Rehabilitation Program - icy PfaOps (Exhibit 3). B. Motion to appoint a voting delegate for the 2005 Annual Florida League of Cities Conference - City Administrator (Exhibit 4). C. Motion to adopt Resolution No. 05-07 regarding the City granting consent to transfer assignment and change of control from Adelphia Communica- tions Corporation to Comcast Corporation as the cable television provider for the City of Okeechobee - City Attorney (Exhibit 5). IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. �J 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 ` PIEA'IE; E NOTICE 1 on'Tuesdayy Jude:2i after consider final,re DINIINCE OE.TNE.0 NQ 7j6 AND, AN in the matter of NITIOp;SET s. OUTeZTI in the 19th Judicial Districtof the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of G> CLEflK 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 afftant further says that she has neither paid not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. L-I.— Swqj�Vand sub"' d before me this day of A.D. 20 Mmen R. Brown Notary Public, State of Flo ida 'at Larger _° Commission #DD2721 1$ Expires: Jan 17, 2008 9'F6Fcti°P` Bonded Thru Atlantic Bonding Co., Inc. • • EXHIBIT 1 JUNE 21, 2005 ORDINANCE NO. 897 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FI ORDINANCE NO.716 AND AS AMENDED, SECTION AMEND THE DEFINITION SET OUT THEREIN PROTECTION AREA; PROVIDING FOR CONFLICI AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has establis according to the mandates of Chapter 163, Florida certain requirements for concurrency and addresses ORIDAAMENDING 56-1 THEREOF; TO FOR WELLHEAD 5, SEVERABILITY, its Comprehensive Plan tes, which plan includes ironmental issues; and WHEREAS, said Comprehensive Plan acknowledges and r quires that certain Goals, Objectives and Policies adopted by the City are t be included in any land development regulations adopted thereafter; and WHEREAS, the particular definition of "wellhead protection ar a" set out in ch. 66-1 of the adopted land development regulations are inconsistent with the Comprehensive Plan Goals, Objectives and Policies, and must be amended accordingly; NOW, THEREFORE, it is ordained before the City Council It the City of Okeechobee, Florida; presented at a duly advertised public meeting; nd passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, it is adopted and approved that Ordinance No. 716 be amended in the following respect: Section 1. Sec. 66-1. Definitions. Wellhead protection area means the land lands located within a radius of 1000 feet of from potable water supply ells operated by the City Okeechobee Utility Authority, unless such wells are a anen I piped. From 301 related to water supply. Section 2. Conflict. All ordinances or parts of ordinances in conflict herewit� are hereby repealed. Section 3. Severability. If any provision or portion of this ordinance is declared y any court of competent jurisdiction to be void, unconstitutional, or unenforc able, then all remaining provisions and portions of this ordinance shall remain iO full force and effect. Section 4. Effective Date. This Ordinance shall take effect immediately upon its Language underlined is to be added. Language striekem is to be deleted. Page 1 of 2 • Is INTRODUCED for first reading and set for final public 2005. ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public 2005. on this 71' day of June, James E. Kirk, Mayor ng this 21' day of June, James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language underlined is to be added. Language sh iekett is to be deleted. Page 2 of 2 I. Call to Order - Chairperson. Land Planning Agency, May 24, 2005, 7:00 p.m. • H. Chairperson, Member and Staff Attendance - Secretary. Chairperson William Ledferd Vice -Chairperson Dawn Hoover Agency Member Kenneth Keller Agency Member Thomas Keller Agency Member Christopher Mavroides Agency Member Devin Maxwell Agency Member Douglas McCoy Alternate Member Terry Burroughs Alternate Member John Whidden Attorney John R. Cook Secretary Katrina Cook 10111. Minutes - Secretary. CITY OF OKEECHOBEE LAND PLANNING AGENCY MAY 249 2005 SUMMARY OF AGENCY ACTION 1 of 3 Chairperson Ledferd called the May 24, 2005 Land Planning Agency meeting to order at 7:00 p.m. Board Secretary Cook called the roll: Present Present Present Absent - without consent Absent - without consent Present Present Present - serving as a voting member Absent - with consent Absent Present A. Motion to dispense with the reading and approve the Summary of Agency Action III Agency Member McCoy motioned to dispense with the reading and approve the Summary of for the April 26, 2005 regular meeting. Agency Action for the April 26, 2005 Regular Meeting; seconded by Agency Member Hoover. VOTE BURROUGHS-YEA HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA MOTION CARRIED. 2005 - Land Planning Agency - Page 2 of 3 III. New Business - City Planning Consultant. A. Discuss Amending Section.66-1 of the Land Development Regulations. Katrina Cook, Agency Secretary, briefly described a memo submitted by Mr. Cook explaining the recommendation. In Mr. Cook's memo it states that he is recommending to change the definition of a wellhead within our Land Development Regulations to match the definition within our Comprehensive Plan. The recommended wording to be placed in the Land Development Regulations is "The City's Land Development Regulations shall designate a protection area of 1000 feet in radius from each public potable water well as the wellfield protection zone. The first . 300 feet radius closest to the well shall be a zone of exclusion, where no development activities shall be permitted except that related with water supply provision." (Policy 7.5a) In Attorney Cook's absence, there was a brief discussion between the Agency Members and City Planning Consultant Jim LaRue regarding the proposed amendment. There was no further Agency comments, nor any public comment. Agency Member Maxwell motioned to make a recommendation to the City Council to amend the definition of a wellhead protection area located within Section 66-1 of the Land Development Regulations to match the definition of a wellhead protection area in the Comprehensive Plan, as suggested by Attorney Cook; seconded by Agency Member Hoover. VOTE • BURROUGHS-YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA MOTION CARRIED. 2005 - Land 3 of 3 • • V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ATTEST: Katrina Cook, Secretary William Ledferd, Chairperson There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:10 p.m. • 0 Bill L. Veach City of Clkeecha�bee May 24, 2005 MEMO Zoning/planning board Meeting May 24, 2005 In the event I am unable to attend tonight's meeting, I on the two items I requested for the agenda: I. The original comprehensive plan stated that cert protection zones would be incorporated into our for a 1000' zone of protection, with no developr of a well. For some reason, in the definition of v LDR's, we inserted a zone of protection of mi that the board recommend to the city council tha amended to match the original comprehensive p II. The second area is height limitations in industri recollect that you already recommended to the i You may recall that in industrial zoning, which park, limitation is 45 feet, but up to 100' if no r deed restrictions applicable at the park have a 4 think I was specific enough last time; I am requ to the city council the following amendment to a maximum height limit of 60 feet unless a exception is granted of up to 100 feet in heii It will be necessary to amend the deed council can direct that to be done. J. Cook E Office of the City Administrator prepared this memo in potable wellhead ,DR's, and it provided ,nt permitted within 300' .11head protection in our Therefore, I request the LDR definition be .n definition. zoning category. I mcil that this be done. dudes our industrial -keys are on -site. Our height limit. I do not ;ing that you recommend lustrial zoning district: also, but the city 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 763-�372 - Fax: (863) 763-1686 May 16, 2005 MEMO Katrina Re: zoning/planning May 23, 2005 The matter I want to place on the agenda for the board s to amend 66-1 of the LDR's in the following respect: Our comprehensive plan, in dealing with zone of protection, our requirements are: "The city's land development regulations shall desigi feet in radius from each public potable water well as the wel first 300 feet radius closest to the well shall be a zone of exc development activities shall be permitted except that related provision." (Policy 7.5a) Our LDR section at 66-1 has a different definition, so section to match the comp plan definition. for wellhead a protection area of 1000 d protection zone. The )n, where no i water supply want to change that GENERAL PROVISIONS Sec. 66-1. Definitions. The following words, terms and phrases, when used in these land development regulations (sub- part B of this Code), shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandon means to discontinue a use for more than 150 days, unless otherwise defined. Abut means to share a common property line. ing for homes clude a § 66-1 elderly. The term "adult family care assisted living facilities" shall not In- tel, motel, or nursing home. Afford ble housing means housing costs that, on a monthly basis, require rent or mortgage payments of no more than 30 percent of the monthly oss income of a lower income family. metal waves; cations Accessory use, commercial or industrial, means a subordinate use which is customarily associated Arect t archittec with, and incidental to, the principal commercial or industrial use located on the same parcel, and Auto includes parking and landscaping. used for Accessory use, customary, means a subordinate goods to use which is customarily associated with, and clude fa( incidental to, the principal use or building and and min located on the same parcel. painting Accessory use, residential, means a subordinate use which is customarily associated with, and incidental to, the principal residential use located on the same parcel, which does not involve the conduct of business except a permitted home occupation, and includes the following: garage, carport, landscaping, nursery, greenhouse, ga- zebo, garden shed, tool shed, patio, barbecue pit, boat dock and boat ramp, swimming pool and enclosed screening, children's play equipment. Adult entertainment means an establishment intended primarily for adults due to the sexual nature of its merchandise, entertainment or ac- tivities; and includes adult bookstore, adult video store, massage parlor, steam bath, adult private dancing, modeling studio, topless dancing, and similar establishments with nude or seminude entertainers or employees. Adult family care homes or assisted living facilities means a building designed or used as permanent living quarters for six or more unre- lated persons or families, in which individual cooking facilities are not provided. The term "adult family care homes or assisted living facilities" includes an adult congregate living facility, board- inghouse, fraternity house, monastery, and hous- means an arrangement of wires or in sending or receiving electronic .ding a radio, television or communi- dite dish or antenna. means a person licensed to practice in the state. vice station means an establishment ale of motor fuel, oil, motor vehicle , and as an accessory use convenience isoline customers, and which may in - des for lubricating, washing, servicing repairs to vehicles, but not including .d body repairs. Bar means an establishment for the sale and on -premiss consumption of alcoholic beverages as a primary use, without live performers, and includes a cocktail lounge and saloon. Boardinghouse means an owner -occupied dwell- ing, or part thereof, wherein four or more people are sheltered for profit; includes roominghouse and bed and breakfast establishments. Building height means the vertical distance measured from the average elevation of a pro- posed finis aed grade at the front of a building to the highes point of the roof surface of flat and mansard roofs, and to the average height between the eaves and ridge for other types of roofs. Building line means the rear edge of the re- quired front yard. Cafe me s an establishment which provides food and nonalcoholic beverages for on -premises and off -premises consumption, but is limited to not more than 20 seats for patrons; and includes a coffee shop and sandwich shop. tower d existing to have CD66:3 ,d tower means a communications d to unobtrusively blend into the endings and be disguised so as not appearance of a communications 0 § 66-1 OKEECHOBEE CODE tower. Camouflaged communications towers on buildings, not including accompanying antenna mounts, must be disguised to appear as an acces- sory structure that is normally associated with the principal use occupying the property. Other camouflaged communications towers must be dis- guised to blend in with other facilities on the property or existing vegetation. Examples of cam- ouflaged communication towers would be a com- munications tower constructed in the form and shape of a tree to be part of a forested area, or a tower constructed to appear to be a component of a bell or clock tower on sites with compatible buildings or a component of a church steeple on sites with churches. Surface finish, paint, or mark- ings alone are insufficient to qualify for a deter- mination as a camouflaged communications tower. Camouflaged towers shall not be lit. Car wash means an establishment which pro- vides facilities for washing and cleaning motor vehicles. Cluster development means the development of residential dwelling units, or commercial, indus- trial or institutional building floor area, in which the density of the uses is increased by the transfer of density from one site to another. Such develop- ment is authorized by permitting smaller lot sizes when a specified part of the land is placed in permanent conservation use. Communication antenna means an antenna designated to transmit and/or receive communi- cations as authorized by the Federal Communica- tion Commission. Communication towers means any structure intended exclusively to support communication antennas, excluding antenna mounts. Design ex- amples of communication towers are described as follows: (1) Self-supporting lattice; Community cent bly hall, museum, ; gymnasium, hobby tion facility, not op Concurrency j public facilities adopted level of pacts of a develc Concurrency cot that shall be satis facilities and servi development pern permit is issued su required public fa( place when the iml required public fac place in adherence ch. 163 and F.A.C. Craft studio ceramic, glass, carving, and vc sale of articles Day care center m viding daytime care more unrelated pers school, child and adu Developer means government agency ment. Development actin ment of development time when the develol plan review process, a ing permit to comme issued by the city. Development order the city granting, den ditions an application (2) Guyed; Development pern (3) Monopole; and the city, including a mit, subdivision app (4) Any other tower type structure as deter- special exception, v, mined by the building official or designee action, having the E of the city council. ment of land. CD66:4 means a meeting or assem- gallery, library, sports club, orkshop center, adult educa- ated primarily for profit. a condition that requires services to maintain the ,e standards when the im- t occurs. liance means requirements d when the required public are in place at the time a is issued. A development .ct to the condition that the ties and services will be in is of development occur; the ties and services will be in state mandates under F.S. -5. arts, crafts and hobbies, tphy, picture framing, wood studios, and includes the d on the premises. pans an establishment pro - or instruction for four or ins, and includes nursery t care facilities. person, legal entity or ertaking any develop- `y means the commence - activity is that portion in �r has completed the site or id a development or build - ice construction has been Lns any order issued by ;, or granting with Ion- a development permit. means a permit issued by ulding permit, zoning per- 7al, rezoning, certification, ante or any other official act of permitting develop- 0 0 GENERAL PROVISIONS Drive -through service means a building or part thereof, where a product is sold to, or a service performed for, customers while they are in or near a motor vehicle, except for an auto service station and a car wash. Dwelling and dwelling unit mean a building or part thereof designed or intended for occupancy as permanent separate living quarters, with one kitchen plus sleeping and sanitary facilities pro- vided within the unit, for the exclusive use of one family maintaining a household. The terms "dwell- ing," "single-family dwelling," "two-family dwell- ing," or "multiple -family dwelling" shall not in- clude a motel, hotel, camp, recreation vehicle or similar structure. Dwelling, multiple -family, means a building designed or used as permanent living quarters for three or more families living independently from each other, and includes townhouses, rowhouses, apartments, and patio home attached units. § 66-1 Flood hazard area means areas designated on FEMA Flood Hazard Boundary Maps as zone A, and flood insurance rate maps as zones A, AO, AH, Al- 0, AE, A-99, and B. Areas within the city not in ded on these maps shall be considered to be in FI M zone C. Floor rea ratio (FAR) means a ratio of gross floor are of all structures on a lot to the lot area. rortu ete[[er means an establishment where readings are given for a fee, and includes astrolo- gist, claiivoyant, mystic, palmist, psychic reader, telepathist and similar activities. Foster care facility means a building designed or used s permanent living quarters for foster residents including such supervision and care as may benecessary to meet the physical, emotional and soci4l needs of the residents and serving either children or adults. Dwelling, single-family, means a detached build- Funer home means an establishment where ing designed as living quarters for one family, and funerals a managed and human remains are including at least separate sleeping, cooking and prepared or burial; and excludes a crematory. toilet facilities. Golf coz rse means land in excess of 90 acres for Dwelling, two-family, means a building contain- a nine hoe 32 plus par, and 150 acres for an 18 ing two dwelling units designed as living quarters hole 64 plus par course, including clubhouse and for two families living independently from each accessory acilities. other, and includes duplex and semidetached units. Dwelling, zero lot line, means a single-family detached dwelling unit which is sited on a lot with one wall abutting one interior side lot line. Engineer means a person licensed to practice engineering in the state. Family means any number of persons related by blood, marriage or adoption, and not more than four unrelated persons, living together as a single housekeeping unit. FEMA means the Federal Emergency Manage- ment Agency. Flag means any freely waving material contain- ing colors, patterns, insignias or symbols. Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehen- sive transitional education programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; commimity residential homes in excess of six persons under F.S. ch. 419; and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and/or the agency for health care administration, or other state or fed- eral aaencv Flea market means an outdoor retail sales area Guesthoi in which parcels of land are rented to individual to a prind merchants to display and sell goods. nonpaying CD66:5 means an accessory dwelling unit residence on a lot, intended for :)mmodation of guests visiting the • § 66-1 OKEECHOBEE CODE occupants of the principal dwelling. A guesthouse includes a garage apartment and an accessory apartment. Home occupation means a business, profession, or trade conducted within a dwelling for financial gain by an occupant of the dwelling. Hotel means an establishment containing pri- marily sleeping accommodations for transient guests, with no provisions made for cooking in individual rooms, and which may have restau- rants, personal services and indoor recreation as accessory uses. House of worship means a church, temple, synagogue and similar centers of an established religion. Illegal use, structure or sign means any use, building, structure or sign used or erected with- out permission from the city and/or in violation of these regulations. Land means earth, water, and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land. Land development regulations means ordi- nances adopted by the city council for the regula- tion of any aspect of development and includes zoning, rezoning, subdivision, building construc- tion, or sign regulations or any other regulations controlling the development of land. Landscape buffer means a continuous area of land set aside along the perimeter of a lot in which landscaping is used to provide a transition between developments. Landscaping means any combination of living plants (grass, ground cover, vines, shrubs, hedges, trees) or nonliving landscape materials (rocks, mulch, decorative paving). Landscaping may in- clude the preservation of existing native trees and vegetation into site development. Laundry means an establishment providing home -type washing, drying, dry cleaning, and/or ironing machines for hire, to be used by customers on the premises. Laundry, con providing bulk and/or ironing ; mercial or indu Lot means land occupied by a buil together with such having not less tha depth required for such land is situate street, or other mea mined to be adequat a building permit Lot coverage n covered by buildi rage, carport, sv other accessory 1 and pedestrian p age. Lot frontage meal adjacent to a street; line. Lot of record mea subdivision recorded circuit court. Lower income far, hold whose annual percent of that of a income for the city. Mobile home mea transportable struct support, with over designed for use as and built in complia factured Housing Cc dards Act. A recre�- considered as a mob: Mobile home park ownership which is u: spaces for the placeme more mobile homes as Mobile home subdit of land for the sale of occupancy of mobile h4 CD66:6 wL, means an establishment ling, drying, dry cleaning, as on the premises for com- clients. occupied or which may be ing and its accessory uses, ipen spaces as are required, L minimum area, width and lot in the district in which 1, and having frontage on a �s of access as may be deter - as a condition of issuance of s the percentage of the lot including roofed porch, ga- ting pool, solid deck, and ings. Vehicular driveways are not included in cover - the shortest property line is also the front property .s a lot which is part of a in the office of the clerk, means a family or house- ome does not exceed 80 dian family or household a manufactured, detached, e on a foundation or rigid I square feet of floor area, Brmanent living quarters, e with the Federal Manu- ;truction and Safety Stan- ►nal vehicle is not to be home. Sans land under single to supply to the public and occupancy of two or velling units. s means a subdivision for the placement and as dwelling units. s • GENERAL PROVISIONS Mobile home, substandard, means mobile homes built prior to June 15, 1976, and newer mobile homes built not in compliance with the Federal Manufactured Housing Construction and Safety Standards Act. Modular home means factory built housing certified as meeting the state building code as applicable for modular housing. State -certified modular homes shall be subject to the same regulations as site -built dwellings. Motel means an establishment containing sleep- ing accommodations for transient guests, which has individual entrances from the outside to serve each room, generally with no provisions made for cooking in individual rooms, and which may have a restaurant and indoor recreation as accessory uses. Nightclub means an establishment providing indoor entertainment, usually with live perform- ers and dancing, where food and alcoholic bever- ages may be sold for on -premises consumption. Nonconforming lot means a parcel of land shown on a plat recorded prior to enactment or amendment of these regulations, but which does not conform to the minimum area, frontage, width or depth regulations for the district in which it is located. Nonconforming structure means a lawful build- ing or structure existing on the date of enactment or amendment of these regulations, but which does not conform to the yard, setback, coverage, height, parking, landscaping or supplementary regulations of the district in which it is located. Nonconforming use means a lawful building, structure or land existing on the date of enact- ment or amendment of these regulations, but which does not conform to the regulations of the district in which it is located. Nursing home means an establishment provid- ing permanent living quarters for three or more unrelated, disabled, sick or mentally ill persons, in which convalescent facilities and personal care is provided; but not including hospitals, clinics and institutions. Office, business, means an establishment not involving the sale of goods, and including such § 66-1 business s as bank, employment agency, financial services, insurance agent, manufacturer's agent, real esta broker, stock broker, telephone answer service, i ravel agent or similar use. Office, medical, means an establishment pro- viding himan out -patient services by persons practicin r health services, including acupunctur- ist, chic(podist, chiropractor, dentist, optician, optometr,st, osteopath, physical therapist, physi- cian, or y such lawful profession, but excludes masseur, in -patient hospital care and veterinar- ian. Office,professional, means an establishment of an accouintant, architect, attorney, engineer, land- scape architect, surveyor, urban planner, and similar nonmedical professionals. Uff=str et loading space means space at least ten feet wide by 30 feet long by 14 feet high used for temporary location of one motor vehicle. Open space means undeveloped land suitable for passive recreation or conservation uses. Outdoo sales and storage means an establish- ment for he sale or storage of new and used goods, inc uding building and farm equipment and mate 'als, and mobile homes. Uutdoor vehicle sales lot means an establish- ment for he sales of new and used operable vehicles in ucing cars, campers, recreational ve- hicles, tr ' ers, trucks, boats and similar vehicles; and excluding farm equipment and mobile homes. Owner means the owner of record of property as appears in official records of the county. Parcel (f land) means land capable of being described by definite location and boundaries, which is designated by its owner as land to be used or developed as a unit, or which has been used as a ukiit. Park model recreational vehicle means a man- ufactured, detached, transportable structure on a foundation or rigid support, with less than 400 square feet of floor area, designed for use as seasonal or temporary living quarters when con- nected tow ter, sewer and electric utilities. Parking space as re CD66:7 )ace, handicapped, means parking sired by F.S. § 316.1955. • § 66-1 OKEECHOBEE CODE Parking space, off-street, means space at least nine feet wide by 20 feet long used for temporary location of one motor vehicle. Parking space, tandem, means parking space that abuts a second parking space in such a way that vehicular access to the second space can be made only through the first space. Planned unit development (PUD) means land under unified control, planned and designed to be developed as an integral unit according to an approved site development plan. Private club means an establishment catering exclusively to an association of persons and their guests, which is not available for unrestricted public access, includes fraternal lodge, sorority, union hall. Public facility or use means federal, state, county, city or other publicly owned and operated building or open area providing public services. Public utility means a publicly owned or regu- lated facility for providing electricity, gas, commu- nications, transportation, water supply, sewage disposal, drainage, garbage or refuse disposal, or fire protection services to the general public; and excludes outdoor storage and services yards in residential and commercial districts. Recreation, commercial indoor, means an en- closed establishment providing recreation activities,including amusement arcade, billiards, table tennis, bowling alley, gym, movie theater, health club, racquet club, skating rink, swimming pool, and similar uses operated primarily for profit. Recreation, commercial outdoor, means an amusement park, miniature golf, golf practice range, archery range, outdoor theater, horse riding stable, fair, carnival, swimming and water recre- ation, discovery park, and similar uses operated primarily for profit. Recreation, indoor, means an enclosed estab- lishment housing a swimming pool, sports club, gymnasium, hobby workshop center, and similar uses and not operated primarily for profit. Recreation, outa field, tennis court, serve, botanical gar operated primarily Recreational vehi motor home, travel vehicle with or wit with shortterm livi. not exceeding 40 fE width, designed to t permit; and exclud( vehicle. Recreational vehic unified control desig more shortterm, ov ational vehicles, and tial use. means a park, athletic rimming pool, nature pre- s, and similar uses and not profit. z means a camping trailer, ailer truck trailer or other iut motor power, equipped or sleeping quarters, and in length and 81/2 feet in rel on roads without special a park model recreational park means land under i to accommodate two or aught parking of recre- �t for permanent residen- Residential infill means a residential subdivi- sion plat or site plan which is either under con- struction or has vacant lots, and which was ap- proved prior to adoption of these regulations. Retail store means selling retail goods, product. Salvage yard mea thereof, used for cc wastepaper, rags, sc rial; or for collecting, age or sale of macho running condition. School, business, schools including b ing, driving, music, ing, and similar estE School, public or lic and private scl accessory uses, not Service, personal, m cluding: barbershop, bi dry cleaner, nail care, p shoe repair, tailor, and offering a product for s CD66:8 an enclosed establishment ad not manufacturing any a land or structure, or part eating, storage or sale of tp metal or discard mate- ismantling, salvaging stor- ry parts or vehicles not in s commercially operated culture, business, danc- onal and technical train- aents operated for profit. e, means parochial, pub - college, university, and ted primarily for profit. an establishment in - shop, clothes repair, hop, reducing studio, ar uses not primarily U GENERAL PROVISIONS Service, retail, means a restaurant, bar or Sign, tavern for on -premises consumption of alcohol, tention 1 printer, pawnshop, dance or music studio, pet erty, anc shop and similar establishments. Services, mechanical and repair, means estab- lishments including machinery servicing and re- pair, or service garage, motor vehicle body shop, motor vehicle or trailer rental, veterinarian, printer, auction house, salvage yard, and similar service uses. Sign means advertising matter, writing, num- ber, illustration, decoration, symbol, design, flag or other device used to attract attention or convey a message. Sign, accessory, means a sign that is permitted as incidental to a permitted land use. Sign, building, means a sign attached to or painted on a building exterior, including canopy and window signs. Sign, directional, means a sign erected to give directions to an establishment and containing no advertising other than the name. Sign face means a part of a sign that is poten- tially used for copy. Sign, flashing, means a sign designed to at- tract attention by flickering or moving lights. Sign, ground, means a freestanding sign sup- ported from, or erected on the ground. Sign, illuminated, means a sign in which a source of light is used to make a message read- able, and includes signs which depend on reflec- tors for an image. Sign, moving, means a sign designed to attract attention by movement and includes revolving, animated signs and signs with continuously mov- ing copy. Sign, nonconforming, means a sign which does not conform to this subpart B. Signs, number of, means that a ground sign shall be considered to be one sign where matter displayed is related to one use, and shall be considered to be multiple signs where matter displayed is related to more than one use. § 66-1 911-premises, means a sign directing at - subject matter located on another prop - includes a billboard. Sign, ortable, means a sign not permanently attached to the ground or other structure. Sign, roof means a sign on a building which extends above the highest point of the roof. Sign, snipe, means an off -premises sign posted without city or government agency permission. Sign, wall, means a sign on a building exterior; and projecting not more than one foot. Sign, upind, means signs consisting of banners, flags, spinners, streamers, balloons or other ma- terial fastened to move in the wind. �tructz re means anything, more than one foot in height above ground level, constructed or in- stalled w 'ch is attached to the ground or to another o ject which is permanently attached to the group 1. This shall include, but not be limited to, buildings, mobile homes, screened enclosures, swimming pools, towers, walls, fences, signs, poles, pipelines, storage tanks, and shore protection devices. aarucsu e, accessory, means permitted de- tached subordinate structure which is customar- ily associated with and incidental to the principal use on the premises. Substa and means deviating from or falling short of a standard or norm. Use memis the purpose for which land or a structure is designated, arranged, maintained or occupied; or any activity, business or operation carried on or intended to be carried on, in a structure or on land. Use, accessory, means a subordinate use which is customaiily associated with, and incidental to, the princip use or building and located on the same parcel. Use, principal, means the primary purpose for which the lond or building is used as allowed by the applica le zoning district regulations. Variance eans a modification of these regula- tions when, I owing to physical conditions peculiar CD66:9 • § 66-1 OKEECHOBEE CODE to the property, a literal enforcement of these (4) To establis: regulations would result in an unnecessary hard- istrative v ship' carry out 1 Veterinary service means an establishment where the Act. animals are admitted for examination and treat- (LDR 1998, § 102) ment. Visibility triangle means, on a corner lot, the triangle of land formed by a straight line connect- ing two points located on, and 35 feet from, the intersection of the two street property lines. Wellhead protection area means the land within one-half of a mile of potable water supply wells operated by the city utility authority. Written and in writing mean any written pre- sentation whether by printing or otherwise. Year means any continuous 12-month calendar period. Zone of exclusion means land within a 200-foot radius of a public potable water supply wellhead. (LDR 1998, § 990) Cross reference —Definitions generally, § 1-2. support and maintain admin- truments and procedures to s provisions and purposes of Sec. 66-4. Relatioi iship of land development gregulat ons to city comprehen- sive pla a. (a) The Local GovE rnment Comprehensive Plan- ning and Land Development Regulation Act re- quires the city to en ct land development regula- tions which implement and are consistent with the comprehensive p an. These land development regulations meet thi consistency requirement by providing regulations which address each policy in the adopted comprehensive plan. (b) Nothing in these regulations shall be con- strued to authorize d velopment that is inconsis- tent with the comprehensive plan. (LDR 1998, § 103) Sec. 66-5. Intent aild purpose of regulations. Sec. 66-2. Title of land development regula- In conformity with the purposes of the Act, it is tions. the intent of the city ouncil to enact land devel- This subpart B of part II of this Code shall be "City opment regulations that implement the city comprehensive are consistent with and plan. The reg- entitled the or Okeechobee, Florida, Land Development Regulations, Administration and Zon- ulations and zoning districts set forth in this ing Regulations," and is referred to in this sub- "land subpart B are made in prehensive plan for the accordance with the com- general welfare the part B as the development regulations" or the "regulations." community. It is the purpose of of these regulations (LDR 1998, § 101) to: (1) Regulate the evelopment of land to en - Sec. 66-3. Authority of council. courage themost appropriate use of land, As authorized under the Local Government water and resources, public interest consistent with the Comprehensive Planning and Land Development Regulation Act, F.S. ch. 163, the city council shall (2) Preserve, pro ote, protect and improve have the following powers and responsibilities: public health, safety, comfort, appear- (1) To plan for the future development and ance, convenience, fire prevention law enforcement and and general welfare. growth of the city. (2) To adopt and amend comprehensive plans (3) Prevent the o avoid undue concentration ercrowding of land and of population. to guide future development and growth. (3) To implement comprehensive plans by the (4) Facilitate the adequate and efficient pro- adoption of appropriate land development vision of trans schools, oortation, water, sewage, regulations. parks, creational facilities, hous- ing and other s rvices. CD66:10 • MEMO To: Mayor, City Council, and Administrator Whiteh, From: Katrina Cook, General Services Coordinator Date: June 3, 2005 Subject: Airi Acres Final Plat Approval • EXHIBIT 2 JUNE 21, 2005 311 KC Attached you will find the Final Plat Application Packet for Aii Acres, submitted by David and Anita Nunez. Included in the packet, you will find the Technical Review Committee's comments, as well as a memo from LaRue Planning and Management, addressing their comments. Please notice that there have been several concerns noted by several of the staff members and LaRue. On June 2, 2005, 1 verified with Yvonne, at the PropertyApprai taxes have been paid. A notice was mailed to the property owners notifying them Meeting. In that letter I included a copy of the information t requested that the property owner, or representative, be pres may have. Please let me know if you have any questions or concerns. Thanks. s Office, that all property the upcoming City Council t I have provided to you. I t for any questions that you • The Okeechobee News P.Q. Box 639, Okeechobee, Florida 34973 (863) 763-3I34 Published Daily • PDBLIGNEARI STATE OF FLORIDA CONSIDER A RK PL COUNTY OF OKEECHOBEE NOTICE: M Dav d and MI& iti Nunez,:Ap licabo with the' CI'ry of,Okeechobee; Mn be hd IIIbefore the 0lry Counci on N Before the undersigned authority personally appeared as soon reafter as possible, at C. I Okeecho , Rorida.. Thor public is imitp Judy Kasten, who on oath says she is publisher of the Okeechobee of the ag da corlfact CiryAdminisiralfon ; Hews, a DAILY Newspaper published at Okeechobee, in The prop project is a 2q lot SubdrNsbn Okeechobee County, Florida; that file attached copy of advertise- stre , 0 MIV bls The lend area.Is meat, being a c e, The legal descnplfan_being a Mice 5005 p.m. Oi m 200, a coov at will consist of 0.5 acre (minin iprmdmately 760,383 square fee rcel of land lying in a portion of • land desc Page 1935 p wm pn ur urarconain parcel of bed as 'Parcel 1 as recorded In of8c I records (O.R. Book 512, of the Public Records of Okeechobee Courtly.• � 1 l / -- -- parficularty Section 22 Florida and being more described as follows:. Commence'�at the Southeast comer of saic thence bear NOM 89deg'0921 West-abrlg the South line of sal4 for a distance of 1326.07 feet to the ibtesectiorf with the East line — Section-22, the West o also the8 of elf (W th) of the East prte-hag (E ,/r) of said.Section 22, being est comer of that certain parcel of land as recorded in O.R. Book 639 518, Page in the matter of point -of, South line of the'Publk Records, of OkeechoW Courtly; Rorida, and the rnnf ,44rlce bear North 8 OVZP West continuing along said Sechorr that certain 22 for a distance ofl2Qfeetto the Southeast comer of a 'el Of krid.as M60*d!In O.R.'Bgok 5o8, Page 667 of the Public Records of eeChobee COM, Bodda; thence bear North OOdeg,40'07' East, Boundary Nru Of said O.R. Book;508, Page 667, for a distance of to the'point of GorvaWre of a curve concave Onngg the having having for o 89deg 52' to the Southwest and its elements a radius of 50:00 feet and a central angle of the0ce`beae Northwes(eriy along saidcurve, for an arc leaoth 78. feet line of the Of the point„oi tangency of: sand curve, said pond tying on the South rihwest one quarter (NW 1/4 of the Southeast one-quarter.(SE 1/41 n 22 and lyxrg also on die boundary, of said S_ ?08. Paggee in the 19th Judicial District of the Circuit Court of Okeechobee the,No line of said O.R. Book 7, thence bear North 8gdeg.09'16' West, along said South line of t one quarter (NW 1/4) of the Southeast County, Florida, was publ d in said news Section 22; paper in the issues and along th one quarter (SE 1/41 of orbnp the`sard North boundary line of O.R: Book 508, Page 667, 0 North boundary Of O.R. Bbok°2 for a distan One of that certain parcel of land recorded in Pa ' 1756 of the PublfCfiecprds of Okeechobee County, recorded of �046;02 feet to the intersection with the West line ,h C Southe 3st"on f`J �J Der Of said, of said quarter, SE 1/4) of Secton 22, aed bOki also the Northwest con- R BOOk99. Page 1756 thence bear Norttr00deg 10'46' East, st hne'of the SoWleaastDne-quarter ((SE 1/4)1 of said Sectlon 22, for 29 96 feet,'to along said a distance of - fire imersectioh with ffie North lineof the South one- Afftant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee Caaaty, 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 [natter 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 affant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund farthepurposeofseeuring advertisementforpublicationin the said newspaper. S* sti bed before me this day of A-D. 20 Notary public, state of Florida at Or me ratio Records of Okeechobee Coun Florida thence bear South 69deg.p951 st, alp —said North line of the uth oho -quarter (S 1/4) of the Northwest on uarter N 1/4) of the Southeast one -quarter (SE 1/4 Of.Sec- tion' 22; and' the. South boundarryy line of said Brentwood Estates, �or a dis- tance of 1339 59 feet tofife intersecdorr with the aforesaid East line of the West one -ha of thei'Fast one-half (E +/z) of sa d,Sedtbo22, and being also the South qo ' of said'Bremwood.Eslafes, "and lying also on the West boon- dory line of, of resold p RL Book 518, Page 1639; thence bear South 00deg.39' 23` West'alon said test Ilne of the West one half fW'%) of the East one-half (E /: of. Section and4long said. West bouldaryrydline of O.R. Book 518, Page 1�39,forad' ceof1650.36feettothepoird-of-beginning. PLEASE TAKE N TICE AND BE ADVISED that'tf any person desires to appeal any decision made y the City, Council with respect to any.Matter considered at this hearing; such i eseid[ OII will Meda record.ofthe proceedings, and for such purpose yabed to ensure a verbatim record of the proceedings is made Me , which + clOdes fhe teslfmony and evidenceuDoirwhich the appeal is to be based. Oily lark tapes are fa the sole purpose of of the Clerbackup for official records k. In accordance the 1lrrrericins with Disability Act (ADA) and And da StaNtes 286.26, person with d�ab8lUeq nea8ngg special. accommodation to parficippate in this proceed shuirid,conhact Lane Gamiotea na.later than two (2) woridng days pprriior to th lroceedm at 863-7633372 x216; ff hearing or voice impaired, call TDD 1-800 3448'(0vetce) or 1-888-447.5620 (Try). Lane Gamiotea; to C; CITYCLERK 58323 ON 6/3,13/ -Karmen R. Wown ¢= Commission #DD 72118 Expires: Jan 17 2008 Bonded Thru Atlantic Bonding Co., Inc. City of Okeechobee 55 Southeast Avenue Okeechobee, Floridaor 34974 Phone: (863) 763-3372 ext. 218 Fax: (863) 763-1686 Distributed to City Staff/rR A I 0 CD - Notices Mailed: 5I Posted: 10 Sign /-51 a� �5 Publication Dates: 1" Ad 2nd Ad: -k Date Received: 5 la $ I Q 5 Fee Paid: 1 �,%- Public Hearing Date: (Q I0'5 City Council Action: Preliminary Approved On: Fj' 3 105 Final Signed Records/Plats to Clerks Office: APPLICATION FOR FINAL PLATTING OR SUBDIV DING PROPERTY NAME OF PROJECT: A i A C t�E�S NAME OF PROPERTY OWNER(S): f--).dl V r 0 't- r —A u AJ z OWNER(S) MAILING ADDRESS: 0,e 5- S -C& S -I KI=EC Hdt3 FE 31V qT A OWNERS PHONE: g C- 7_ Q r FAX: — 4/ _ O Q P NAME OF APPLICANT: 0 A 0 I /A 7 A AV " Al t P L APPLICANT MAILING ADDRESS: a 8 �.. - S T I C APPLICANTS PHONE: _ f FAX: 07 A -7—,,,7 CONTACT PERSON: / o ,-, J 1}f1 U rz i-, r-/ N T CONTACT PERSONS PHONE: 8 _ 4{ ENGINEER: �� S Cq PHONE: 3 ADDRESS: P. Q to k [ FAX: Ca 3 - li Cc _Z SURVEYOR: S i 1= V I� 1--)>~ J PHONE: l 41& -7 6� ADDRESS: Ca (0 Co I-jJ /plc, 7-- FAX: 8Co - 4P 7 8 !/ DESCRIPTION OF PROJECT INCLUDING ALL PROPOSED USES: _ O, Jt.- A F-A,,) / I yLo NUMBER/DESCRIPTION OF PHASES: P LOCATION OF/DIRECTIONS TO THE PROJECT: ,Z'ivl"ERSEC' T/ pi1/ `j,, S ST. R O EXISTING IMPROVEMENTS ON PROPERTY: /'� fON� p IS PROPOSED USE DIFFERENT FROM EXISTING OR PRIOR USE? YES NO N/A E R TOTAL LAND AREA IN SQUARE FEET: 2 OR ACRES: 1 , `f T EXISTING IMPERVIOUS SURFACE: SQUARE FEET kCRES Q % OF SITE Y ADDITIONAL IMPERVIOUS SURFACE: 1 59 41.2 <? SQUARE FEET oACRES �: Q % OF SITE PROPOSED TOTAL IMPERVIOUS SURFACE: 47 CURRENT ZONING: S F- CURRENT FUTURE ND USE: / F S- CONFIRMATION OF INFORMATION ACCURACY I hereby dify that the Information in this application is correct The Information included in this application is for use by City of Okeechobee in processing my request. False or misle ing info ation m y be punishable by a frne of up to $500.00 and imprisonment of up to 30 days and may result 'n the summary denial of this application. i nature of Applicant Printed Name Date • 40 AIRI ESTATES GENERAL SUBDIVISION ORMATION The undeveloped property that is proposed for developm nt at this time comprises roughly 17.5-acres of land located within the City of Okeechobee. The Aid Estates development is a proposed 24-lot subdiv sion that will consist of 0.5-acre (minimum size) single-family lots. Access into the proposed development will be from SE 9th Avenue. The property is located north of the Blue Heron Golf and Country Club development and sout and east of the intersection of SE 9th Avenue and SE 11th Street. Runoff from the existing undeveloped site sheet -flows to Blue Heron development (lake system) as authorized by Management District (SFWMD Permit No. 47-00024-S). 22.5' NGVD along the norther boundaries to elevation 1 southern limits. The seasonal high water table elevation two -feet below existing grade. On -site water elevations c. the Blue Heron permitted control elevation (14.5' NGVD) SFWMD's Basin Pump Station (13.5' NGVD). The projei sands as described in the Soil Survey. Runoff from this Taylor Creek via the two permitted control structures sen Development. The site is located on F_I.R.M. Map Panel (Okeechobee County) and is well above the established the area. For the developed site, on -site attenuation and water quz provided within dry swales prior to gravity discharge to th and certified SWM system serving the Blue Heron Devel+ the site will be via sheet -flow from a spreader swale, whit the Blue Heron Development water management system site swale system, as permitted by the South Florida Wal will be the responsibility of Aid Estates Homeowner's Ass Potable water will be provided via a proposed extension Utility Authority (OUA) potable water supply system. Sei septic tanks and drain -fields for each individual lot. Also necessary street improvements to allow access to each easy emergency vehicle access and tum-around. ie previously permitted to South Florida Water Jevations range from 0' NGVD along the located approximately e influenced by both nd the operation of the site consists of deep e ultimately enters ig the Blue Heron 20177-0230-B isin flood elevation for ly treatment will be previously permitted tment_ Discharge from will direct runoff into Operation of the on - Management District, the Okeechobee r service wiH consist of oposed are the as well as, provide May 17, 2005 John Cook, City Attorney City of Okeechobee 55 SE "Third Avenue Okeechobee, FL 34974 RE: City of Okeechobee Dear Mr. Cook: CRAI ENGINEERS • SURVEN Y'- As per our conversation this morning regarding Plat F Okeechobee, we will provide you with a complete set of is performed on behalf of the City. CPO A SMITH & ASSOCIATES S • UTILITY LOCATORS • GRANT SPECIALISTS ► services for the City of Ptst Review package that Our process in the County includes providing William Ro a with the originals, the platting surveyor with a copy, The client requesting services is invoiced directly for the services, usually through the platting surveyor. Please call if we can provide additional information. Sincerely, Craig A. Smith & Associates Robert D. Keener, P.S.M. Senior Surveyor and Mapper RDK-ccv 242 Royal Palm Beach Boulevard, Royal Palm Beach, Fi rids 33411 TER: (561) 791.9280 FAX; (561) 79 i -PRI R www min cmifh TO 30Vd Hilws a DId60 0 85T61-T99 9C'51 900ZfLT/90 • Craig A. Smith & Associat, Engineers•SurveyorsoUtility Locators* 242 Royal Palm Beach Blvd., Royal Pi (661) 791-9280•FAX (561) 791-9818 Email: casrpb@craigasmith.com TO: John Cook, City Attomey City of Okeechobee FAX NO.: 863-763-1686 FROM: Robert D. Keener, P.S.M. Senior Surveyor and Mapper DATE: May 17, 2005 PROJECT: Airi Acres Plat Review CAS Project # 00-0956-401 C. DeHays Design Land Surveying To follow is the Plat Review of Aid Acres along with the use and processing. Please note that we require a "Response Letter" from the comments of the plat review. We will not accept the Mylars wt being submitted to us in advance. The original documents will follow in the mail. Please call if you nt Specialists Beach, Florida 33411 PAGE 1 OF for these services for your t surveyor addressing our flout the "Response Letter" have any questions. �0 3h�d H L Tk'; V OTVNO ACRESkook-FAXDOC A RRTF/ T.q4 9F :QT QSP7.// t/QA 11 0 CRAI ENGINEERS • SURVE%r May 17, 2004 John Cook, City Attvmey City of Okeechobee 65 SW Third Avenue Okeechobee, FL 34974 VIA FACSIMILE 863-763-1686 RI-. Aid Acne Plat Review CAS Project No: 00-0956-401 Dear Sir: We have reviewed the preliminary plat for Air! Acres for compliance Florida Statutes, as requested. Please note that we require a "Response Letter" from the surveyor addr review. We will not accept the Mytar without the "Response Letter" being Attached please find our continents along with the invoice for plat review call if you have any questions. Thank you for your assistance. Sincerely, Craig A. Smith S Associates Robert D. Keener, P.S.M. Senior Surveyor and Mapper Florida No: 4M RDK: ccv Eric. C: Del -lays Design Land Surveying cops A SMITH & ASSOCIATES !S • UTILITY LOCA+0RS 6 GRANT SPECIALISTS Chapter 177, Part 1 of the our oomments of the plat ted to us in advance, for processing. Please E0 3ndd 242 royal Palm Beach Boulevard, Royal Palm Beer TEL: (561 ) 791-9280 FAX: (561) 791.9818 www H LTW(; V nTVX0 33411 FK nnm rd T9Q W:GT G91('17./I r I Q P • Project No.: 00-0956-401, Client Code: C2354 Karen & Steve Dehays DeHays Design 606 West North Park Street Okeechobee, FL 34972 Craig A. Smith & Associates P.O. Box 9846 Fort Lauderdale, FL. 33310 Tel: (964) 782-8222 Fax: (954) 786-8927 May 17, 2005 Invoice o: 505834 AIRI ACRES David & Anita Nunez (CITY O OKEECHOBEE) Professional Services Rendered Through May 17, 2005 Total Lump Sum Fee: $350.00 FEE PER( AMOUNT COMF Plat Review $350.00 100. 00 ---39ttd Total Fee Earned to E Less Previous Billings Current Amount Due Total Due This 1 WE APPRECIATE YOUR BUSINESS Website: WWW.Craig"mith.com E-mall: caaassocCcraigasmith.com HAWS IDS b 5)T VNO B T.86 T6L T9S AMOUNT $350.00 $350.00 $0.00 $350.00 $350.00 9E:9T. S00Z/LT/S0 CJ 0 CRAIG A. SMITH AND ASSOCIATE Engineers•Surveyors•Ut ity Locators -Grant S iaiists 242 ROYAL PALM BEACH BLVD., ROYAL PALM BEACH, FL 33411 TEL:5611791-9280 FAX:561/791-9818 E-mail: casrpbUcraigasmith.com AIRI ACRES May 17, 2005 Plat review for compliance with Chapter 177, Part 1, Florida We have reviewed the above plat and make the following corn 1. 177,041(1) Boundary Survey not supplied — ac 2. 177.041(2) Title Opinion not supplied — adhere 3. 177.091(6) Please reference a "well establisl other than the east property line. 4. 177.091 (11) Please check the overall bounda does not mathematically close. 5. 177,091 (19) Please label the dimension along t Robert D. Ktener,P.S.M. Senior Surveyor ab Mapper Florida No: 4846 unknown. unknown. and monumented line" of the plat, as we find it north line of Lot 9, S0 39Vd HAWS a DIV60 s: D-4 401 WRI ACRESwat review. Dm IE6I6LI99 91:91 S00Z/LII90 Technical Review Committee Comments Airi Acres Final Plat Review LaRue Planning and Management - Provided comments in attached Ed Trent, Okeechobee County Health Department - Staff Report/Memo. L.C. Fortner, Okeechobee Utility Authority - 0fjs0/1V/JT a eJ -�dz qQ Herb Smith, Fire Chief - 'P4 ANZ Denny Davis, Police Chief - bo Donnie Robertson, Public Works Director - fful AA QaW Bermudez, City Engineer - p cz�rt� lelsr/� 1 - -1/0 o,f P o-ee ,1.5 ZtT%LE"9 John Cook, City Attorney/Interim Administrator - wok 1 • LARUE PLANNING & MANAGEMENT S 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 V, e-mail: larue-planning@att.net Memo To: Katrina Cook, General Services Coordinator Oscar Bermudez, City Engineer From: James G. LaRue, AICP Date: June 1, 2005 Subject: Airi Acres Final Plat VICES, Inc. As stated in our memo dated April 26, 2005, the minimum footage requirements and width requirements for the lots in Airi Acres are compliant with the Land Development code standards. The applicants have also been granted a variance to allow a cul-de-sac in excess of 1200 feet. However, at the City Council meeting most of the council members the subdivision meeting drainage standards as well as tying into the not planning related, I informed Council that these engineering relal before Final Plat approval. Hopefully, the applicants have demonst issues and the City Engineer can explain this to the council at the aI Final Plat. If you should have any questions, please call me. JGL/ds cc: John Cook, Interim Administrator re very concerned about ;et. As these issues are issues would be addressed d compliance with these ►val public hearing for the • • G\�y., OF ' O/fF�C do CI Of Okeecho LL ^7 0 a° it 1915 �' Bill L. Veach May 13, 2005 Tom Murphy Re: Airi Acres Tom: Pursuant to the provisions of LDR chapter 7 subdil administrator is permitted to grant a variance on length of cul- 1200'. I have seen the plat of Airi Acres and do approve the this subdivision, which is in fact in excess of 1200'. The deve. comply with all street and drainage design, and paved radius i city engineer and public works director. Kindest Regards, ohn R. Cook Interim Administrator JRC/rb Office of the City Administrator on standards, the city -sac streets in excess of -de-sac as designed for ,er must, of course, still uirements, through our 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 0 (863) 743-3372 - Fax: (863) 763-1686 6 • EXHIBIT 3 JUNE 21, 2005 MEMORANDUT NANCY PHILLIPS & ASSOCIATE 7408 Edisto Drive Lake Worth, Florida 33467 June 10, 2005 TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: Community Development Block Grant (CDBG) Commercial Revitalization 04DB-COI Project As part of the project noted above, the City was going to expend $11 Rehabilitation funds for the Display Systems building located at 180 the owner of this building notified the City that the building was and and did not have any tenants so he withdrew his building from partic you will recall, in order to participate in the CDBG funded Commen a building must be occupied at the time of the rehabilitation work be L.C. Tel: 561-432-1524 FAX: 561-432-6734 VIA EMAIL ),500.00 of Commercial VW 3rd Avenue. Recently, ;rgoing hurricane repairs pation in this program. As ial Rehabilitation program, ng undertaken. A deductive change order will need to be issued to Lozano Builders in the amount of $10,500.00 to delete this building from the construction contract. In an effort to find a replacement building, it was suggested that I contact the Main Street organization for assistance. Main Street provided me with one potential building on the north side of Park. However, this building was outside of the Community Redevelopment Area boundaries and was not eligible for the CDBG funds. Main Street also provided me with information on the Syble's Flc at 119 S. Parrott Avenue. This building has multiple tenants and to $15,000.00 for rehabilitation assistance. The CDBG grant expires on September 28, 2005. Since compli would like authorization to proceed with the Syble's Flowers & CDBG Commercial Rehabilitation program. /nsp Mr. Brian Whitehall, City Administrator, City of & Gifts building located i be eligible to receive up of the grant is nearing, I building as part of the • . EXHIBIT 4 JUNE 21, 2005 79th Annual Conference Florida League of Cities, Inc. August 18-20, 2005 Hollywood, Florida It is important that each member city sending delegates to Florida League of Cities, designate one of their officials to Business Session. League By -Laws requires that each city s city's voting delegate. Please fill out this form and return it to the League office so that properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: City of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 or Fax to Gail Dennard at (850) 222-3806 Annual Conference of the their votes at the Annual one person to serve as the your voting delegate may be • • EXHIBIT 5 JUNE 21, 2005 RESOLUTION NO. 05-07 A RESOLUTION OF THE CITY OF OKEECHOBEE, FL CONSENT BY THE CITY COUNCIL TO TRANSFER ) CHANGE OF CONTROL FROM TELESAT ACQI PARTNERSHIP ("TALP") (ALSO KNOWN COMMUNICATIONS CORPORATION) TO COMCAST THE CABLE TELEVISION PROVIDER FOR THE CITY FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. :)RIDA GRANTING ►SSIGNMENT AND IISITION LIMITED AS ADELPHIA ,ORPORATION AS )F OKEECHOBEE, WHEREAS, a cable television franchise has been granted b the City of Okeechobee, Florida ("Franchise Authority') to an entity ("Franc isee") that is an indirect subsidiary of Adelphia Communications Corporation (" delphia"); and WHEREAS, Adelphia is currently in Chapter 11 bankruptcy proceedings; and WHEREAS, pursuant to an Asset Purchase Agreement dat d April 20, 2005 between Adelphia and Time Warner NY Cable LLC ("TWNY") the right to purchase the Franchisee cable system will be assigned by TWNY to a wholly owned subsidiary of TWNY, Cable Holdco Exchange II LLC which will purchase the cable system and franchise (the "Adelphia Transaction"); and WHEREAS, pursuant to an Exchange Agreement dated April 20, 2005 between Time Warner Cable Inc. and Comcast Corporation ("Comcast'), 100 percent of the equity securities in the Comcast subsidiary CAP Exchange 1, LLC will be exchanged for 100 percent of the equity securities of Cable Holdco Ex hange II LLC whereby that entity will become a 100 percent indirect subsidiary f Comcast (the "Exchange Transaction"); and WHEREAS, Franchise Authority has concluded its approval is necessary for the above described Adelphia Transaction and Exchange Transaction and has been provided an FCC Form 394 and related information for such Transactions; and WHEREAS, the Franchise Authority is willing to consent to the Adelphia Transaction and the Exchange Transaction described above. NOW, THEREFORE, be it resolved before the City Council f r 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. The foregoing recitals are approved reference. SECTION 2. The Franchise Authority consents to described herein. SECTION 3. The Franchise authority consents to described herein. incorporated herein by the Adelphia Transaction Exchange Transaction Page 1 of 2 • • SECTION 4. This Resolution shall be deemed effect SECTION 5. This Resolution shall have the force of a the Franchisee and the Franchise Authority shall not ar Resolution without the consent of the Franchisee. INTRODUCED AND ADOPTED this 21st day of June, 2005. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney upon adoption. ;ontinuing agreement with lend or otherwise alter this James E. Kirk, Mayor Page 2 of 2