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2006-02-07 Regular Meeting461 CITY OF OKEECHOBEE FEBRUARY 7, 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: February 7, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Randy Huckabee, First 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. PRESENTATIONS AND PROCLAMATIONS. A. Proclaim February 19 - 25, 2006 as "National Engineers' Week." PAGE 1 of 14 Mayor Kirk called the February 7, 2006 Regular City Council Meeting to order at 6:08 p.m. The Invocation was offered by Pastor Huckabee of the Okeechobee First Baptist Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Absent Mayor Kirk read the proclamation in its entirety as follows: "WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs, and WHEREAS, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century; and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future; in e FEBRUARY 7, 2006 - REGULAR MEETING - PAGE 2 OF 14 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim February 19 - 25, 2006 as "National Engineers' Week" continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 17, 2006 Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN THE PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 19 through 25, 2006, as NATIONAL ENGINEERS WEEK in the City of Okeechobee." The proclamation was presented to Mr. Jeff Sumner. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the January 17, 2006 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Item Q was added. Item G will be addressed immediately after item B in order to accommodate Mr. LaRue's time, and not keep him at the meeting any longer than necessary. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:08 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 929, regarding Council Member Watford moved to read by title only, proposed Ordinance No. 929, regarding Comprehensive Plan Comprehensive Plan Future Land Use Map Amendment Application Future Land Use Map Amendment Application No. 06-001-SSA, submitted by David and Judy Hester to re -designate No. 06-001-SSA, submitted by David and Judy Hester to re- Lots 9 and 10 of Block 143, Okeechobee, from Multi -Family to Commercial; seconded by Council Member Williams. designate Lots 9 and 10 of Block 143, Okeechobee, from Multi - Family to Commercial - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. FEBRUARY 7, 2006 - REGULAR MEETING - PAGE 3 OF 14463 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 929 by title only Attorney Cook read proposed Ordinance No.929 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM MULTI -FAMILY (MF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 929. Council Member Markham moved to adopt proposed Ordinance No. 929; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mr. Jim LaRue, City Planning Consultant reviewed the proposed application with the Council. This Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 9 and 10 of Block 143, Okeechobee, for vacant property located in the 300 Block of Northeast 2nd Street from MF to C. The application was submitted by property owners, E. David and Judy Hester. The zoning is currently Residential Multiple Family. However, the -owners have submitted a rezoning application (No. 06-001-R) as well for a change to Heavy Commercial. This application was reviewed by the Land Planning Agency on January 24, 2006. The Planning Staff and Land Planning Agency are recommending approval based on the following criteria: (A) The surrounding land use categories have been, within the last year, changing from Multiple -Family to Commercial. As a result, the subject property has become isolated as it is surrounded on all sides by light commercial uses. Based on the application, it would appear that the proposed office use is consistent with Objective 2 and its corresponding policies. The use being proposed is similar to surrounding existing uses in the area. (B) Public utilities, including 1 sanitation and sewer, should be available to this site. The proposed Commercial Future Land Use will require a site plan review before its development. At this time, it appears that concurrency can be met. (C) As discussed earlier in this report, the proposed commercial use would be in harmony with adjacent and nearby uses. The Future Land Use designations to the North, South, East and West are all Commercial, along with the zoning being Heavy Commercial. Existing use to the North is vacant, a therapy center and mixed residential. To the South is a beauty parlor (Executive Hair and Spa) and a bank (Inter -Bank). To the East is Elite Title Company and the West is State Farm Insurance, which is owned by the applicant as well. The proposed office building would not adversely impact the area. (D) The proposed request seems to be consistent with the land use, traffic ways and other standards set forth in the Plan. All standards of development will have to be met as per specific policies governing floor area ratios and the maximum impervious surface for development within the Commercial Future Land Use Category. 464 FEBRUARY 7, 2006 - REGULAR MEETING - PAGE 4 OF 14 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. The Council briefly discussed the application. As stated during the LPA meeting, the property is already surrounded by existing Commercial therefore it is logical to change this area as well. Staff was cautioned to carefully look at the parking requirements, trying to accommodate as much off-street parking as possible on the property, when the project proceeds to site plan review. Mr. Hester was present and responded that his intention is to comply with the codes and construct a very nice building on the site. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. B.1. a) Motion moved to read by title only, proposed Ordinance No. 930, Council Member Watford moved to read by title only, proposed Ordinance No. 930, regarding Future Land Use Map regarding Future Land Use Map Amendment Application No. 06- Amendment Application No. 06-002-SSA, submitted by Noel Samms on behalf of the property owner PM Plus 002-SSA, submitted by Noel Samms on behalf of the property Auto/Truck Repair, Inc. to re -designate Lots 1 to 6 of Block 102 and Lots 1 to 6 of Block 97, Okeechobee, from Single owner PM Plus Auto/Truck Repair, Inc. to re -designate Lots 1-6 of Family to Industrial; seconded by Council Member Williams. Block 102 and Lots 1-6 of Block 97, Okeechobee, from Single Family to Industrial - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. III KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No.930 by title only. Attorney Cook read proposed Ordinance No.930 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. s 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 " 2. a) Motion to adopt proposed Ordinance No. 930. 111 Council Member Markham moved to adopt proposed Ordinance No. 930; seconded by Council Member Chandler. b) Public comments and discussion. 111 Mayor Kirk asked whether there were any questions or comments from the public. There were none. FEBRUARY 7, 2006 - REGULAR MEETING - PAGE 5 OF 14 465 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. Mr. LaRue reviewed the application with the Council. This Ordinance amends the Comprehensive Plan by revising the Future Land Use Map in the entire Blocks of 97 and 102, Okeechobee. The property is vacant and located in the 400 and 500 blocks of Northwest 7'h Avenue (unimproved) from SF to IND. The application was submitted by property owners PM Plus Auto/Truck Repair, Inc., a Florida Corporation, Orlando Rodriquez, President. The current zoning is Industrial. The application was reviewed by the Land Planning Agency on January 24, 2006. The Planning Staff and Land Planning Agency are recommending approval based on the following criteria: (A) The • applicant's request is consistent with the Industrial Future Land Use Category as described by the Comprehensive Plan. (B) Public utilities should be available to the site. The proposed use will require a site plan review before its construction to ensure concurrency. (C) The proposed use should not adversely impact the surrounding area. During the site plan review phase, the TRC will determine what type of buffering, if any, would be required to screen the use. The Future Land Use to the North and West is Industrial; to the East is Public Facilities and the South is Single Family. The zoning to the North, South and West is Industrial with Public Facility to the East. The existing uses are the County Sheriff's Office and Jail to the East, vacant to the North and South the railroad tracks are directly to the West. (D) The proposed request appears to be consistent with the Comprehensive Plan. All standards will have to be met with regard to floor area ratios and maximum impervious surfaces. c) Vote on motion. CLOSE THE PUBLIC HEARING - Mayor. The Council briefly discussed the application. The proximity of the Okeechobee County Jail was of some concern. However, as far as planning purposes are concerned, the applicant understands what the existing buildings are and it seems logical to limit the type of business that would operate next to the jail than residences. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:20 P.M. FEBRUARY 7, 2006 - REGULAR MEETING - PAGE 6 OF 14 VIII. NEW BUSINESS. A.1. a) Motion to read by title only, and set February 21, 2006 as final public hearing date for proposed Ordinance No. 931 regarding Rezoning Petition No. 06-001-R, submitted by David and Judy Hester to rezone Lots 9 -10, Block 143, Okeechobee, from Residential Multiple Family (RMF) to Heavy Commercial (CHV) - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. Council Member Watford moved to read by title only, and set February 21, 2006 as final public hearing date for proposed Ordinance No. 931 regarding Rezoning Petition No. 06-001-R, submitted by David and Judy Hester to rezone Lots 9 and 10, Block 143, Okeechobee, from Residential Multiple Family (RMF) to Heavy Commercial (CHV) - City Planning Consultant (Exhibit 3); seconded by Council Member Williams KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 931 by title only. Attorney Cook read proposed Ordinance No. 931 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 PARTICULARLYDESCR►BEDHEREIN, FROMRESIDENTIAL MULTI -FAMILY (RMF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP 11 ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 931 • III Council Member Markham moved to approve the first reading of proposed Ordinance No. 931; seconded by Council Member Chandler. b) Discussion. Mr. LaRue reviewed the application with the Council. This Ordinance amends the Zoning designation from RMF to CHV for vacant property located in the 300 Block of Northeast 2nd Street. Legal description: Lots 9 and 10 of Block 143, City of Okeechobee. The application was submitted by property owners(s) E. David and Judy Hester. This rezoning is the follow-up to Comprehensive Plan Future Land Use Map Amendment No. 06-001-SSA. The application was reviewed by the Planning Board on January 24, 2006. The Planning Staff and Planning Board are recommending approval. Mr. LaRue also highlighted the discussion at the Planning Board meeting regarding a lower density of commercial. However that could create spot zoning with the center of the block, therefore Heavy Commercial would be the better designation to change to. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. FEBRUARY 7, 2006 - REGULAR MEETING - PAGE 7 OF 14 467 VIII. NEW BUSINESS CONTINUED. B.1. a) Motion to read by title only, and set March 7, 2006 as a final public Council Member Watford moved to read by title only, and set March 7, 2006 as a final public hearing date for proposed hearing date for proposed Ordinance No. 932 regarding Alley Ordinance No. 932 regarding Alley Closing Application No. 78, submitted by Williamson Cattle Company; seconded Closing Application No. 78, submitted by Williamson Cattle by Council Member Williams. Company - City Clerk (Exhibit 4). 11 b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 932 by title only. Attorney Cook read proposed Ordinance No. 932 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 93, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 932. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 932; seconded by Council Member Chandler. b) Discussion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Williamson Cattle Company is the owner of Lots 1 through 12, inclusive of Block 93, Okeechobee, is requesting to close the East to West alleyway in order to expand the Plaza 300 Complex. The applicant requested that Clerk Gamiotea forward their application. The utility companies have signed off on the application without any objections or requests for easements. City Staff Public Works Director Robertson, Police Chief Davis and Fire Chief Smith have signed off on the application with no objections. City Engineer Bermudez is not recommending approval until future development of the area is presented. Administrator Whitehall is in agreement with City Engineer Bermudez. The Council noted that the application was discussed at length at the January 17 meeting and this is the first reading. � • s FEBRUARY 7, 2006 - REGULAR MEETING - PAGE 8 OF 14 Vill. NEW BUSINESS CONTINUED. B. 2. c) Vote on motion. G. Motion to approve a 20% reduction of parking request for the G4 Office Park I project - Brad Goodbread (Exhibit 9). VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to approve a 20% reduction of parking request for the G4 Office Park I project; seconded by Council Member Markham. The Council discussed this item at length. Mr. Brad Goodbread is proposing to change the use of an existing building. The building was initially built as a warehouse with a small retail store front for the Canvas Shop. Mr. Goodbread is proposing to separate the building into three retail type businesses. The project was addressed by the Technical Review Committee (TRC) on January 25, 2006. The TRC's recommendation was for the Council to approve a 20 percent parking reduction requirement with the following being met: (1) the applicant is required to move the two unsafe parking spaces to the Southeast corner of the property. (2) The applicant is required to ensure that the parking spaces to be constructed meet all City regulations. Mr. Goodbread was not in agreement with the stipulations on the parking. He addressed his concerns to the Mayor and Council individually prior to the meeting. The issue is that he would like to take an existing handicap parking space that is located next to the South portion of the building and make it into two parking spaces. The TRC was not in agreement to that approach for various reasons. Council Members Watford and Markham stated their concerns with going against Staff recommendation. However, it seemed this would be an opportunity to assist a property owner who is trying to retrofit an existing building to current codes. Council Member Watford moved to amend the motion to clarify that the parking would be as submitted by the Applicant using the two spaces to the South of the building; seconded by Council Member Markham. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED AS AMENDED. FEBRUARY 7, 2006 - REGULAR MEETING - PAGE 9 OF 14469 1 VIII. NEW BUSINESS CONTINUED. C.1. a) Motion to remove from the table a motion by Council Members Council Member Watford moved to remove from the table a motion by Council Members Watford and Williams to Watford and Williams to approve the Second Amendment to the approve the Second Amendment to the Franchise Agreement with Waste Management for Solid Waste Collection; Franchise Agreement with Waste Management for Solid Waste seconded by Council Member Williams. Collection - City Attorney (Exhibit 5). 11 b) Vote on motion to remove from table. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) Discussion. There was a lengthy discussion with Mr. Jeff Sabin regarding the adoption of a Second amendment to the Waste Management Franchise Agreement for solid waste collection. Some items noted were discussed previously at the January 17, 2006 meeting. Council Member Markham addressed the fact that the CPI annual increase effects both the residential and commercials rates. This was not clear at the previous meeting. In addition to the CPI, commercial rates will be impacted by a monthly fuel surcharge. The surcharge will be imposed on the collection portion only, not the total fee. The Council also made it abundantly clear to Mr. Sabin that a request for a rate increase within the middle of the year, after the non-advalorem tax assessment had been adopted for that year, would not be tolerated again. Mr. Sabin replied that it is abundantly clear and that he would not allow this to happen again. There are additional guidelines in the revised franchise and they, Waste Management, will abide by those guidelines. It was also made clear that, even though the annual review language is in the franchise, Waste Management will have to present the increase in the rate resolution for Council to approve annually. d) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. D. Motion to adopt proposed Resolution No. 06-02 revising the rate Council Member Watford moved to adopt proposed Resolution No. 06-02 revising the rate schedule for Solid Waste schedule for Solid Waste Collection within the City of Okeechobee - Collection within the City of Okeechobee; seconded by Council Member Chandler. City Attorney (Exhibit 6). 470 FEBRUARY 7, 2006 - REGULAR MEETING - PAGE 10 OF 14 Vill. NEW BUSINESS CONTINUED. D. Motion to adopt proposed Resolution No. 06-02 revising the rate Attorney Cook read proposed Resolution No. 06-02 by title only as follows: "A RESOLUTION OF THE CITY OF schedule for Solid Waste Collection within the City of Okeechobee III OKEECHOBEE, FLORIDA, REVISING THE RATE SCHEDULE FOR SOLID WASTE COLLECTION WITHIN THE continued. CITY OF OKEECHOBEE, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." The effective date of the resolution is January 1, 2006. There was an amount missing in the optional services. Mr. Sabin advised that zero should be put in there and he would take responsibility for that since it was left blank. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. E. Motion to adopt proposed Resolution No. 06-03 authorizing the use Council Member Watford moved to adopt proposed Resolution No. 06-03 authorizing the use of golf carts on certain of golf carts on certain streets or rights -of -way - City Attorney streets or rights -of -way; seconded by Council Member Markham. There was a brief discussion on this item. (Exhibit 7), Attorney Cook read proposed Resolution No. 06-03 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE USE OFGOLFCARTS ON CERTAIN CITYSTREETS OR RIGHTS - OF -WAY PURSUANT TO THE PROVISIONS OF FLORIDA STATUTE 316.212, PROVIDING FOR COMPLIANCE WITH STATUTE; PROVIDING FOR PLACEMENT OF SIGNS, PROVIDING FOR LIMITATION OF LIABILITY; PROVIDING AN EFFECTIVE DATE." VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. F. Motion to ratify the appointment of Robin Brock to the General Council Member Chandler moved to ratify the appointment of Robin Brock to the General Employees/OUA Pension Employees/OUA Pension Fund Board of Trustees, term ending Fund Board of Trustees, term ending December 31, 2006; seconded by Council Member Williams. December 31, 2006 - City Clerk (Exhibit 8). VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. FEBRUARY 7, 2006 - REGULAR MEETING - PAGE 11 OF 14471 1 1 Vill. "NEW BUSINESS CONTINUED. H. Motion to approve a temporary street closing request, submitted by Council Member Watford moved to approve a temporary street closing request, submitted by Okeechobee Main Street, Okeechobee Main Street, closing Southeast 3' Avenue between closing Southeast V Avenue between Southeast Park and 2"1 Street on March 3, 2006 at 7:00 a.m. through March Southeast Park and 2`d Street on March 3, 2006 at 7:00 a.m. 4, 2006 at 7:00 p.m. for its 4th Annual Barbeque; seconded by Council Member Chandler. through March 4, 2006 at 7:00 p.m. for its 4th Annual Barbeque - City Clerk (Exhibit 10). VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - ABSTAINED* CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Motion to approve Okeechobee Main Street's first mural project - Council Member Watford moved to approve Okeechobee Main Street's first mural project; seconded by Council Bridgett Waldau. III Member Chandler. A copy of the proposed mural was distributed to the Council. The mural is being painted on the South side of Haynes and Susan Williams building, located at 909 North Parrott Avenue. Mr. and Mrs. Williams are fully funding the project along with local artists who are donating their time. The Mayor and Council thanked Mrs. Waldau for the update, the project is going to be very nice, they hope it is the first of many. The Council also thanked Mr. and Mrs. Williams for their generosity in funding the project and being the first in the mural program. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - ABSTAINED* CHANDLER - YEA WATFORD - YEA MOTION CARRIED. J. Motion to appoint the Design Review Board to consider all Main III Council Member Watford moved to appoint the Design Review Board to consider all Main Street murals on behalf of Street murals on behalf of the City of Okeechobee - Attorney Cook. the City of Okeechobee; seconded by Council Member Markham. There was a brief discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - ABSTAINED* CHANDLER - YEA WATFORD - YEA MOTION CARRIED. K. Presentation of Main Street's Quarterly Report - Maureen Mrs. Maureen Burroughs, President of OKMS, updated the Council and read the First Quarter Report for 2006. The Burroughs. list of OKMS accomplishments are: Developed and successfully implemented a Farmer's market in Downtown Okeechobee. In conjunction with the Sheriff's department and Chamber of Commerce, successfully sponsored a Halloween Celebration in the downtown park. Working with the City, sponsored downtown Christmas celebration in conjunction with the tree lighting ceremony. Published their first quarterly newsletter. 472 FEBRUARY 7, 2006 - REGULAR MEETING - PAGE 12 OF 14 Vlll. NEW BUSINESS CONTINUED. K. Presentation of Main Street's Quarterly Report continued. Conducted an open house on the newly renovated building which also provides space for three other businesses. Developed and sponsored the First Annual Christmas Window Decorating Contest for downtown businesses. The winner was Rustic Ranch. The mural program sponsored a Young Artist Mural Contest. The winners will be participating in the initial painting of a mural using OKMS mural guidelines. Developed draft for a historic preservation ordinance. Presentation to City and County will take place in the second quarter of 2006. Resubmitted a grant to restore the Old Jail. The grant submittal was for $35,000.00 to develop a site plan. Completed final visioning grants of the downtown area. Results of the work have been placed on their website. The design committee will be taking this information to develop a site plan for the downtown area. Submitted a Graffiti ordinance for consideration to the 11 County. Upcoming events and plans are: Developing project plans for several community events that include a Halloween Celebration; Chili Cook -off in Fall 2006, Whole hog summer BBQ contest, Christmas Celebration, Adult'Okeechobee Idol' Karaoke and additional mural projects for the downtown area. Attend the State Conference in February. Submittal of additional grants to assist with the CRA District as it relates to a TIF district. Final proposal presentation of a Historic Preservation Ordinance for both the City and County. Develop a site plan for the area south of the old courthouse (old teen town and elections office). The final page of the report was a financial report of the 2005 final quarter (October through December). A copy of the entire report was distributed just prior to the meeting. There was no official action taken on this item. L. Discussion pertaining to the Commerce Center - Travis Chambers. Mr. Travis Chambers of Adron Fence addressed the Council regarding their purchase of Lots 18,19 and 20 of the City Commerce Center. The initial expectations of his company was to purchase the three lots totaling 10.3 acres that s centered around an extended roadway and cul-de-sac. However, that infrastructure is not being considered since it cannot meet grant time lines to cover the costs associated with the installation. The City Council offered to sell the lots with the elimination of the roadway and cul-de-sac, increasing the total acreage. However, the additional expense is not feasible for his company at this time. He discussed the issue with Administrator Whitehall and one solution would be to replat Lots 18 to 20 deleting the roadway and cul-de-sac so as to keep the acreage as originally agreed upon. There will be survey costs for the city associated with these changes and the matter will have to come back to the Council for final approval. The Council agreed with the suggestion and instructed Staff to proceed with the replatting of the lots. FEBRUARY 7, 2006 - REGULAR MEETING - PAGE 13 OF 14473 VIII. NEW BUSINESS CONTINUED. M. Discussion pertaining to Okeechobee Utility Authority issues - John Mr. John Hayford addressed the Council explaining that he is the Director of Operations at the Okeechobee Utility Hayford. Authority and Interim Executive Director. He briefly updated the Council regarding various projects at the OUA. The first matter is the expansion of the wastewater treatment plant. The matter is being pursued diligently. The OUA understands the importance that a wastewater connection moratorium would have on the growth within the City and County. The goal is to begin construction on the four million gallon per day plant by June or July. The water plant capacity is more than adequate. A new plant was put online last April. However, one matter of great importance with the water is alternative solutions during the hurricane season. The OUA is in the planning stages for the 2006 season. The plan is to have the solutions (pumps) in place by late July, early August. There is a problem currently in the design permitting process and they are working through that. The Mayor and Council thanked Mr. Hayford for his update and diligence of working toward a solution during the hurricanes to keep water customers online. They also thanked his staff for their hard work during the past hurricane seasons. There was no official action taken on this item. N. Discussion pertaining to the Hamrick Trust/use of parks issue - City Mayor Kirk and Administrator Whitehall updated the Council regarding a meeting they had with the Hamrick Trustee's Administrator. and representatives. The meeting went very well, the main idea was to let the City understand exactly what the Estate expected due to recent correspondences from the Trustee's regarding the City's allowance of the parks to the Chamber and Okeechobee Main Street. The three main issues that were brought up are that the City should not allow out of town businesses to operate in the park under any non-profit organization status; that the City should verify the fee's charged by the non-profit organizations to vendors, these fees should only be enough to cover costs associated with putting the event on and not to subsidize their general fund or accounts; finally, that the Hamrick Estate be named as an additional insured with the City when parties use the parks and that the Trustee's be notified when an event is happening or approved. There was no official action taken on this item at this time. The matter will be brought back to the Council at a later date. 0. Discussion pertaining to residency requirement for law enforcement The Council and Staff discussed the current residency requirement for all City Employees. The current requirement officers - Chief Denny Davis. is that an employee must become a resident of Okeechobee County or the Buckhead Ridge area of Glades County. Chief Davis advised it is becoming a problem with his ability to obtain applications for police officers. Following discussion, the Mayor instructed the Department Heads to meet on the matter to formulate solutions and/or proposed amendments to the requirement for Council consideration. 47 FEBRUARY 7, 2006 - REGULAR MEETING - PAGE 14 OF 14 VIII. NEW BUSINESS CONTINUED. P. Discuss proposed development, `The Grove" - Council Member Watford. ITEM ADDED TO AGENDA. Q: Motion to appoint Rick Amiet to the County Vision Steering Committee - Mayor. 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 rk. s James E. Kirk, Mayor ATTEST: Larle,Gain iotea, MC, City Clerk Council Member Watford stated that he to make sure Council is aware of the proposed development, `The Grove." Commenting that this will be a very important issue within our County, and for each Council Member to make themselves aware of the issues, if they have not already. It is extremely important to this community as a whole. He apologized to the representatives of the development that were in attendance, he did not mean to alarm anyone by putting it on the agenda and he did not have any questions for them. He only wanted to make sure the Council stayed on top of the project. Council Member Watford moved to appoint Rick Amiet to the County Vision Steering Committee; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 9:05 P.M. The next regularly scheduled meeting is February 21, 2006. AFFIDAVIT OFAUBLISHER OKEECHOB TIMES 106 S.E. Sth Sta, Okeechobee, FL 34974 (863) 763."83 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 #13025 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 02/02/2006 Afiant 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 �' day of A.D. 2006 (SEAL) Notary Public ; ot!Y.P�s', Roseatee A. Brennan Commission #DD318483 Expires: Jun 25, 2008 Bonded Thru " Atlantic Bonding Co., Inc. CITY COUNCIL REGULAR. -MEETINGNOTICE NOTICE IS HEREBY GIVEN that the City Council of Cityof Olceediobee will meet in Regular Session on Tatsdtiyr-Feb—ry 7. 2006, 61o0 p.m., ut City Halt, 55 SE 3rd Ave., lb. 200,-6keechobee. Florida The public is invited and encouraged to attend. For &copy.. of the agenda contact City Administration at (963) 7533372 z 212. PLEASE. TAKE NOTICE AND BE, ADVISED that if.: any person' desires to' aP-- peal any decision madeby ;die City Council - with respect in any matter considered it this meeting, such interested: person will heed 9 . record of the, proceedings, and lor such pur- pose may tted to ensure a"verbatim-record of the proceedings is made, which recordpn chides the testimony md'evidence upon which . theappeal is m be based Tapes are. used for .. the sole purpose of back-up , for the Clerk $ Office. r? In accordance with the Americans with Disabilities Act (ADA) and Florida Statute: 296.26, persons. with disabilities needing sPe dal acconiniodatioa to participate in this Pro- ceeding should contact IA46 GWrd0MK' no; later than two (2) working. days prior to the proceeding at 863-763 3372.x114; if you are hearing or voice. impaired,.c'ail Too 1-800- 222 344g (voice) or 1-888-447 5 by: )titnesE; tnrlt,'Mayor_ � Laf�..:cainrot4a,.ClNC,city p�Llsltiy9v' OKEECHOEEE TVAES _ Page -1- Tape _ side CITY OF OKEECHOBEE - February 7, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, February 7, 2006, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Randy Huckabee, First Baptist Church: Pledge of Attegiance ted bkMayor. 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 Joan R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson IV. PRESENTATIONS AND PROCLAMATIONS. Present Absent_ i� A. Proclaim February 19 - 25, 2006 as "rational Engineers' Week." Mayor Kirk read the proclamation in its entirety as follows: WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs, and WHEREAS, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century; and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future; NOW THEREFORE, l; James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 19 through 25, 2006, a" NATIONAL ENGINEERS WEEK in the City of Orkeech bee. c�Lcr>tn�Y V. MINUTES - City Clerk. A. Council Member /1-t441U moved to dispense with the reading and approve the Summary -- of CZunq it ction for the January 17, 2006 Regular Meeting; seconded by Council Member l CL VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENTCRRIED. 0 • -ift�-Af EfVDA � iVFayor:_—__ _ age.-Z- - r Mayor it askedwhethethere were any requests for the addition, deferral or withdrawal of items on today'sagenda. _ -- --VfF.--MAYOR-KIRKOPENED iffE-PUBLIC NCE ADOPTION AT- Coma memGer-- - - P -.__-- moved-o read by titre onTy�-proposed-rdmanceTio. 929- __---__ _ ------ regarding Comprehensiv6,Plan Future Land Use Map Amendment_Application No. .06-001-SSAi_ submitted by David and Judy Hester to re -designate Lots 9 and 10 of Block 143, Okeechobee, from __-_-Mut1-f-am v-to_Gommerfial=City PlannlnfLC nsultant ( Yhihit 11 aarnn rLhxLl'.niin&Mpr har_- b) Vote on motion to read by title only. -- ---1IflTf-_ ----- -YEA- --NAY---A135`TAW--ABSENT-- _ ---- ---- _ _ -- --- - - KIRK --CHANDLER --- - LRD MARKHAMWATFORD _-L-1lILL1AMS liMOTION: DENIED/ c) Attorney Cook read proposed Ordinance No.929 by title only as follows: "AN ORDINANCE OF --__--.------.___-_-----------THE---CITY _-OF-_ , -FLORIDA OKEECHOBEE COMPREHENSIVE PLAN, ORD/N_AN_CE NO.635 A S AMENDED BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND ___._______--_____________M_ORE PARTI�ULARLYDES�R/BED HEREIN FRDM MULTI��y_�jyJ.F)_TQ _ COMMERCIIAI,L�/(C); PROVIDING FOR INCLUSION OF ORDINANCE AND ---_-----------------RLE 4SE�Fib --TURE -zAND USE Ai PREHL•NSIV PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 929; seconded by _ - ouncitl�fember - -- �--"� b) Public comments and discussion This Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 9 and 10 of Bloek443, Dkeec#�obee,-for vacW-prapertyloeaWHn-the--300--Block of-Northeast-Td- r et-from-W to-G.- -- - The application was submitted by property owners E. David and Judy Hester. The Planning Staff and Planning Board are recommendin apprgv_albased on the following criteria: Planning__ - _- - - -- - - - ----- Staff Report Comprehensive Plan Analysis: (A) The surrounding land use categories have been, within thelasLyear,._dmnging_from-Multiple-Familyto-Commercial-Asa-resA tie-subject-proPeKtyha"ecome--------- ---- isolated as it is surrounded on all sides by light commercial uses. Based on the application, it would appear - ------ - -- - --that-the proposed -office -tree --is consfsteri# with-Gb' teetive-2artd--its-carr ' ' __-- espanding-pottcres:-the-t�se-being - proposed is similar to surrounding existing uses in the area. (B) Public utilities, including sanitation and sewer, - -- �Ufid13e-av��bfie-t�this sif-e.--The proposed-CommerciaiFufure Cand-Use wilTrequire a site an reviev�----- --- before its development. At this time, it appears that concurrenc ry can be met. tC) As discussed earlier in this report, the proposed commercial use would be in harmony with adjacent and nearby uses. The office building _---_-__ - would. not advers-ely-im-Pact_the-area-_(DY-The -proposed_recl.ueat_seems_tape-consistent-withthe_land-usei,_ traffic ways and other standards set forth in the Plan. All standards of development will have to be met as per ----- --- - speci#is- G46es-governing-floor afea-ratios and the rnaxirntrrrt4rnpervims surface for-devel op+nent 'n­the----- -- - - Commercial Future Land Use Category. P Page -3- d) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIEfl IED. B.1. a) Council Member moved to read by title only, proposed Ordinance No. 930, regarding Future Land UsgMap Amendment Application No. 06-002-SSA, submitted by Noel Samms on behalf of the property owner PM Plus Auto/Truck Repair, Inc. to re -designate Lots 1-6 of Block 102 and Lots 1-6 of Block 97, Okeechobee, from i Wily to Industrial -- City Planning Consultant (Exhibit 2); seconded by Council Member Y2�nc�J b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED CARRIED. c) Attorney Cook read proposed Ordinance No.930 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECH06EE COMPREHENSIVE PLAN, ORDINANCE NO. 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." 2. a) - Council Member - l � moved to adopt proposed Ordinance No. 930; seconded by Council Member b) Public comments and discussion. This. Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 1 through 6 inclusive of Block 97, Okeechobee, for vacant property located in the 400 and 500 Blocks of Northwest 7. - Avenue (unimproved) from -SF to IND. The application was submitted by property owners PM Plus Auto/Truck Repair, Inc., a Florida Corporation, Orlando Rodriquez, President. The Planning Staff and Planning_ Board are recommending approval based on the following criteria: Planning Staff Report Comprehensive Plan Analysis: (A) The applicant's request is consistent with the Industrial Future Land Use Category as described by the Comprehensive. Plan. _(B) Public utilities should be.available to the site. The proposed use will require a site plan review before its construction to ensure concurrency. -(C) -The proposed use should not adversely impact the surrounding area. During the site plan review phase, the TRC will determine what type of buffering, if any, would be required to screen the use. (D) The proposed request appears to be consistent with the Comprehensive Plan. All standards will have to be met with regard to floor area ratios and maximum impervious surfaces. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARK -HAM WATFORD L. WILLIAMS MOTION: DENIE CARRIED. Pai, be.) �,f 1 11 1 f - ----------- i� - ----1utAY0RMRttv"r____ �---_---:R:1ul:- - A.1. a) Council Member moved to read by title only, and set February 21, 2006 as final submitted by David and Judy Hester to rezone Lots 9 -10, Block 143, Okeechobee, from Residential Maftrpte-Farnity{RMf) erciatfC"- City PtanftConsu-tar(Exhibit-", wnde� _.--_-- by Council Member b Vote on motion to read VOTE YEA NAY - - --_KIRK--- -- - - - CHANDLER �---_ --- WATFORD MOTION: DEI title only and set c� Attorney Cook readcroosed Ordinance No. 931 by title only as follows: "A�ANCE OF THE CITY OFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE _---__ BY_.REZOI1(ING CERTAIN-_TRAC�QF--"-MORE peQrir, A,aM v DESCRIaEn N�a��ti r_v v. r .._.._.. ., FROM RESIDENTIAL MULIT-FAMIL Y(RMF) ZONING DISTRICT TO HEA VY COMMERCIAL (CHV) __------Z0N1NG-___ TRIE-AMENBMfG TffE-�61WId MAP- CCEiRBfNQtY; PRObtDiNG CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council MembertZM moved to app a the first reading of proposed Ordinance No. 93 , kseconded by Council Member b) Discussion. This Ordinance amends the Zoning designation from RMF to CHV for vacant property located in the 300 Block - of-iVorth2astl"d-Stmet. Tfie-appticat ,-by7ope"mrs(s)--DWdwrcr-Judy Rester —_-- - The Planning taffi anPtdnnin-gBo—ard are recommending approva%based on the following criteria: Planning _ Staff Report Analvsis_(A)-Office uses are permitted_ within the Commercial_Futu e described in the Future Land Use Element of the City's Plan. (B) Section 90-282(1) of the Code allows office _uses-within-the-CUV.Zoning-District,-(C)-- The -use -wiIInot-adverseiyaffect the �uoli� terast {D}S+�rreund+n ---- uses, as shown under the subheading "Adjacent Future Land Use Map Classifications and Zoning Districts", ^_ - ------showpeibititq-vait vsesaffowedvnderthe C+tV Zomrrg District.-fEj t-approved,-the-CWZanirrg-and-- - ------- office use will not be a deterrent to the improvement or development of adjacent properties. (F) If necessary;, -- - - - - s fian re uireme-hM can 6T To reduce an im acts u on fhe nei-Ti"iooa. a ro ose� use should p—q p Y P p i g � p P not impact density -patterns nor public facilities. The area can accommodate the Proposed -use. _(H) T he proposed use will not create any inordinate traffic congestion or flooding, nor will it impact public safety. (f) -----The.-Xoposed -.use-shouid..be_able to_deuEJop_with a-the--exist� Code.-requirements-arm-wii nabe - - --- - - --- inordinately burdened by unnecessary restrictions. (J) If granted, the proposed change will not bestow any tothe owner as-eorltrxsted with th�pabtie wetfara. - -- -- - _ _ _ __ ke �- -- VOTE YEA NAY ABSTAIN ABSENT CHANDLER WATFORD L. WILLIAM5 MOTION: DENIE ARRIED.� n u _ Page -5- B.1. a) Council Member - moved to read by title only, and set March 7, 2006 as a final public hearing dat for proposed Ordinance No. 932 regarding Alley Closing Application No. 7$ 71bmitted by Frank W44mnsm—,dr. - Cit Clerk hibit 4); seconded by Council Member b} Vote on motion to read by title only and -set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE CARRIED. c) Attorney Cook read -proposed Ordinance No. 932 by title only as follows: "AN ORDINANCE - CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 93, CITY OF OKEECHOBEE, AS RECORDED 1N PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to approve the first reading of proposed Ordinance No. 932; seconded by Council Member b) Discussion. Mr. Frank "Sonny' Williamson, owner of Lots 1 through 12, inclusive of Block 93, Town of Okeechobee, is requesting to close the east to west alleyway to expand the Plaza 300 Complex. - - The applicant requested that Clerk Gamiotea forward their application. The utility companies have signed off on the application without any objections or requests for easements. City Staff Public Works Director Robertson, Police Chief Davis and Fire Chief Smith have signed off on the application with no objections. City Engineer Bermudez is not recommending approval until future development of the area is presented. Administrator Whitehall is in agreement with City Engineer Bermudez. ���� 'I'll lY vtk' "r vl1 �� �,�-XI C'�L,(.�Q-�.Lf'� \ u•' ���(� L!/�/ �L(C.C.U.- � c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE / ARRIED. -moved to oveJ=I"Iable-amotlo—n-t-y--C-0-U-n-c-11- ----.,----Members Watford and Williams to approve the Second Amendment to the Franchise Agreement With-WasteNa- —nag-e- -e-n-ft r Solid Waste Collection - City Attorney (Exhlbhfl6y_, seconded by Council Member b) Vote on motion to remove from table. AJADT-E- --Y-EA-- fMY- -AB STA04- --ABSENT KIRK -C*UWDLER- - -MARKHAM WATFORD ____ L. WILLIAMS MOTION: DENIED/CARRIED. C) Discussion. -- - ------- A qe� - - ----------- VOTE YEA --NAY-, --AB.STAIN A_BSENT, --KIRK- CHANDLER MARKHAM L. WILLIAMS S -=10& -D. r Page -7- D. Council Member moved to adopt proposed Resolution No. 06=02 revising the rate schedule for Solid Wa Collectio within he City of Okeechobee - City Attorney (Exhibit 6); seconded by Council Member Attorney Cook read proposed Resolution No. 06-02 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE RAT€ SCHEDULE FOR SOLID WASTE COLLECTION WITHIN THE CITY OF OKEECHOBEE, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.,, -Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DEN D ARRIED. Page -8- E. Council Member_aLXUL� _ moved to adopt proposed Resolution No. 06-03 authorizing the use of golf ckhs on certain treets or rights -of -way - City Attorney (Exhibit 7); seconded by Council Memb r _eL"7zu Attorney Cook read proposed Resolution No. 06-03 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING -THE USE OF GOLF CANTS -ON CERTAIN CITY STREETS OR RIGHTS -OF -WAY PURSUANT TO THE PROVISIONS OF FLORIDA STATUTE 316-212; PROWDING FOR COMPLIANCE WITH STATUTE; PROVIDING FOR PLACEMENT OF SIGNS, PROVIDING FOR LIMITATION OF LIABILITY; PROVIDING AN EFFECTIVE DATE.' Q% vA I r Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD ' L. WILLIAMS MOTION: DENIED RIED_ mOve-6tO--raiffyltTea-pVoiniMe--nT-o-fR-o-birVar-oc-kl-o-th6---- ------General Employees/OUA Pension Fund Board of Trystees, term ending December 31, 2006 - City - — (Exhibit 8- _ - - __ ____ __ Nil< (Exhl seconded by Council Member - ---- ------- VOTE YEA NAY, ABSTAIN ABSENT CHANDLER MARKHAM L. WILLIAMS --MOTKK.-- Page -10- Council Member moved to approve a 20% reduction of parking request for the G4 Office Park I pro ct - Brad Goodbread (Exhibit 9); seconded by Council Member /_)AL-V SVc ^ R FA' (1, ul� J r r At - /ail i�� �j � Vote on motion. � ��'��% A0 VOTE YEA NAY ABSTAIN ABSENT KIRKCHANDLER qY MARKHAM�e WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. boCt Ice A ce - --------- - ----------- - - ------------ -- ------ --- --- - --- ------- - - --- -- Pra—ge_l-Tmr uT . mitjo- ern�_ approve afe— P6r-a-qsIne- eUdlo-s-Frig—reqUes-t- ----Submitted by Okeechobee main Street, closing Southeast TdAvenue between Southeast Park and 2"Street on —March 3, 2-006 W-7—:00—a.-m. through March 4, 2006 &at: O� �p.m.�or its 4 Ih Annual HIV-1 VOTE YEA NAY ABSTAIN ABSENT CHANDLER MAWRAW ------------ L. WILLIAMS MOTION:- • E Page -12- I. Council Member j moved to approve Okeechobee Main Street 's first mural project - Bridgett Waldau; sec ded by Council Member c - it6-Y Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE ARRIED. -- -;- - - --Cproved to appoint th�D�sii Review hoar 2Lot) onsi r - e - - all Main Street murals on b alf of the City of Okeechobee - Attorney Cook; seconded by Council Member--� ti - ---------------- Tv n J y, ------------ - VOTE YEA NAY ABSTAIN ABSENT CHANDLER WATFORD L. WILLIAMS ---- __-MOTION: - _DENIEp/ ,�RIED _ L Page -14- K. Presentation of Main Street's Quarterly Report - Maureen Burroughs. /Ils LL ra`, -1L 4i - �u� 0 0 -Discussion-peftining to -Commeme r -- Travis Chambem. -- - -A- --- -I iL �.Jr t(sa fit. - n. f F,� ,..�z�:,. 9 • M. Discussion pertaining to Okeechobee Utility Authority issues -John Hayford. Page -16- --k- - --- Discus -Peftini" the-Hamri(*,-Hamrick- ofparksl�--Gity-ActmjnWator. -- k 61" - - ----- Va4--, 6AP1 t j --- cl, - --- - ----- allrp,,y 8- ----- -- - - - - - - - t ,u 117 .�--�4 O'e w lot( (/ -va v _ A-0 c) ,W), -i" C4 L� 10%,UDOIUI I YVI Lail 1111V LU it;sli-ujency-requireifie,itfor-law ellfulculnurit' Officer _-CW-Dsnn-y-Da-vIs-.----- 9 • P. Discuss proposed development, "The Grove" - Council Member Watford. Page -19- i n � ���'� � •" v,C,��L �-�c�- '1� �LE.� �, � t�i�"`k�ix c.��f�c',�..r n IX. MAYOR KIRK ADJOURNED THE MEETING AT j -DM, • • Page -1- Tape 1 side A CITY OF OKEECHOBEE - February 7, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk, February 7, 2006, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Randy Huckabee, First Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent 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 Robertson X X X X X X X X X X X X IV. PRESENTATIONS AND PROCLAMATIONS. A. Proclaim February 19 - 25, 2006 as "National Engineers' Week." Mayor Kirk read the proclamation in its entirety as follows: WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs, and WHEREAS, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century, and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future; NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 19 through 25, 2006, as NATIONAL ENGINEERS WEEK in the City of Okeechobee." Mr. Jeff Sumner accepted the proclamation. V. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the January 17, 2006 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on 0 , 0 Page -2- today's agenda. New Business Item Q was added County vision steering committee, move G to B3. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:08 P.M. A.1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 929, regarding Comprehensive Plan Future Land Use Map Amendment Application No. 06-001-SSA, submitted by David and Judy Hester to re -designate Lots 9 and 10 of Block 143, Okeechobee, from Multi -Family to Commercial - City Planning Consultant (Exhibit 1); 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 L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No.929 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM MULTI- FAMILY (MF) TO COMMERCIAL (C), PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 929; seconded by Council Member Chandler. b) Public comments and discussion. Mr. Jim LaRue, City Planning Consultant viewed the application with the Council. This Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 9 and 10 of Block 143, Okeechobee, for vacant property located in the 300 Block of Northeast 2"d Street from MF to C. The application was submitted by property owners E. David and Judy Hester. The zoning is currently Residential Multiple Family. However, the owners have submitted a rezoning application (No. 06-001-R) as well for a change to Heavy Commercial. The application was reviewed by the Land Planning Agency on January 24, 2006. The Planning Staff and Land Planning Agency are recommending approval based on the following criteria: (A) The surrounding land use categories have been, within the last year, changing from Multiple -Family to Commercial. As a result, the subject property has become isolated as it is surrounded on all sides by light commercial uses. Based on the application, it would appear that the proposed office use is consistent with Objective 2 and its corresponding policies. The use being proposed is similar to surrounding existing uses in the area. (B) Public utilities, including sanitation and sewer, should be available to this site. The proposed Commercial Future Land Use will require a site plan review before its development. At this time, it appears that concurrency can be met. (C) As discussed earlier in this report, the proposed commercial use would be in harmony with adjacent and nearby uses. The Future Land Use designations to the North, South, East and West are all Commercial, along with the zoning being Heavy Commercial. Existing use to the North is Vacant, a Therapy Center and mixed residential. To the South is a Beauty parlor (Executive Hair and Spa) and a bank (Inter -Bank). To the East is Elite Title Company and the West is State Farm Insurance, which is owned by the applicant as well. The proposed office building would not adversely impact the area. (D) The proposed request seems to be consistent with the land use, traffic ways and other standards set forth in the Plan. All standards of development will have to be met as per specific policies governing floor area ratios and the maximum impervious surface for development within the Commercial Future Land Use Category. Watford, all surrounded by commercial. Markham, like staff to look at, when they start parking, the way its set up with only on -street parking, will probably have to consider a reduction, but we need to get as much on -site parking as possible. Mayor asked whether there was anything from the public. Mr. David Hester appeared before the Council. n Page -3- Daughter and I intend to build new office there, will do all we can to comply with codes. It will be a nice building. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Watford moved to read by title only, proposed Ordinance No. 930, regarding Future Land Use Map Amendment Application No. 06-002-SSA, submitted by Noel Samms on behalf of the property owner PM Plus Auto/Truck Repair, Inc. to re -designate Lots 1-6 of Block 102 and Lots 1-6 of Block 97, Okeechobee, from Single Family to Industrial - 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 L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No.930 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 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. " 2. a) Council Member Markham moved to adopt proposed Ordinance No. 930; seconded by Council Member Chandler. b) Public comments and discussion. Mr. LaRue reviewed the application with the Council. This Ordinance amends the Comprehensive Plan by revising the Future Land Use Map on Lots 1 through 6 inclusive of Block 97, Okeechobee, for vacant property located in the 400 and 500 Blocks of Northwest 7`h Avenue (unimproved) from SF to IND. The application was submitted by property owners PM Plus Auto/Truck Repair, Inc., a Florida Corporation, Orlando Rodriquez, President. The current zoning is Industrial. The application was reviewed by the Land Planning Agency on January 24, 2006. The Planning Staff and Land Planning Agency are recommending approval based on the following criteria: (A) The applicant's request is consistent with the Industrial Future Land Use Category as described by the Comprehensive Plan. (B) Public utilities should be available to the site. The proposed use will require a site plan review before its construction to ensure concurrency. (C) The proposed use should not adversely impact the surrounding area. During the site plan review phase, the TRC will determine what type of buffering, if any, would be required to screen the use. The Future Land Use to the North and West is Industrial; to the East is Public Facilities and the South is Single Family. The zoning to the North, South and West is Industrial with Public Facility to the East. The existing uses are the County Sheriff Office and Jail to the East, vacant to the North and South the railroad tracks are directly to the West. (D) The proposed request appears to be consistent with the Comprehensive Plan. All standards will have to be met with regard to floor area ratios and maximum impervious surfaces. Markham, road there and up to the developer to pave the roads through there. Understand beside RR which • Page -4- makes industrial type. Might have a problem with it beside the jail and open the road right next to the fence to the county jail. People would be able to park in that street, watch the prisoners, etc, thought the county owned all the way to the railroad. Williams Watford, SO may want to put some buffering in there, or something, it would dictate what type of structures could be there ,you wouldn't want homes there and the applicant knows going in that the jail is located there and this is land use so it takes only one reading. Mayor asked whether there were any questions or comments from the public. There were none. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:20 P.M. VIII. NEW BUSINESS. A.1. a) Council Member Watford moved to read by title only, and set February 21, 2006 as final public hearing date for proposed Ordinance No. 931 regarding Rezoning Petition No. 06-001-R, submitted by David and Judy Hester to rezone Lots 9 - 10, Block 143, Okeechobee, from Residential Multiple Family (RMF) to Heavy Commercial (CHV) - City Planning Consultant (Exhibit 3); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 931 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULIT-FAMIL Y(RMF) ZONING DISTRICT TO HEA VY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 931; seconded by Council Member Chandler. b) Discussion. Mr. LaRue reviewed the application with the Council. This Ordinance amends the Zoning designation from RMF to CHV for vacant property located in the 300 Block of Northeast 2nd Street. Legal description: Lots 9 and 10 of Block 143, City fo Okeechobee. The application was submitted by property owners(s) E. David and Judy Hester. This rezoning is the follow up to Comprehensive Plan Future Land Use Map Amendment No. 06-001- SSA. The application was reviewed by the Planning Board on January 24, 2006. The Planning Staff and Planning Board are recommending approval. Watford, tend to agree, want to see the CPO but better to match it all up. • • c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Page -5- B.1. a) Council Member Watford moved to read by title only, and set March 7, 2006 as a final public hearing date for proposed Ordinance No. 932 regarding Alley Closing Application No. 78, submitted by Williamson Cattle Company - City Clerk (Exhibit 4); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 932 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 93, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. " 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 932; seconded by Council Member Chandler. b) Discussion. Williamson Cattle Company, owner of Lots 1 through 12, inclusive of Block 93, Town of Okeechobee, is requesting to close the east to west alleyway to expand the Plaza 300 Complex. The applicant requested that Clerk Gamiotea forward their application. The utility companies have signed off on the application without any objections or requests for easements. City Staff Public Works Director Robertson, Police Chief Davis and Fire Chief Smith have signed off on the application with no objections. City Engineer Bermudez is not recommending approval until future development of the area is presented. Administrator Whitehall is in agreement with City Engineer Bermudez. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. C.1. a) Council Member Watford moved to remove from the table a motion by Council Members Watford and Williams to approve the Second Amendment to the Franchise Agreement with Waste Management for Solid Waste Collection - City Attorney (Exhibit 5); seconded by Council Member Williams. b) Vote on motion to remove from table. VOTE YEA NAY ABSTAIN ABSENT Page -6- KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Discussion. Watford, should be delay until Jeff is here? Kirk, refresh memory what are we doing? John, add language, address issues, Watford other issue is the fuel surcharge, Markham after reading amendment over saw couple things we didn't discuss, had question on it, bring up, annual review of the 2"d amendment, 2"d sentence, adjustment shall be all res and commercial, thought that it was the fuel charge only, but we're going to have a annual review every year and have an increase annually and if it is not done by April 1s' its possible we could be in same boat we're in now due to the collection being through the tax roll, may be just my concern,,. Whitehall, same terminology, clarified that it is applicable to both residential and commercial, some displicity, asking for CPI and then another fuel adjustment for commercial. Fuel already plays into the the cost of living adjustments as well already. (Jeff Sabin enters chambers) there is a cap which keeps them from being able to increase this to much. Kirk, when are we going to start being charged ? When you get your tax bill. Watford when does the increase go into effect ? Jan 1, 2006. Well be exposed 3 months, until we get our taxes in and then we'll be ahead the rest of the time. Markham last meeting we said we'll have to front $60,000.00. Whitehall, we're saying the same thing, Watford, you don't see that as a problem? Whitehall, no, it won't be. The contract should have been completed last year. Markham, discussion on the CPI, didn't catch at the last meeting, not spelled out that well, Kirk, past have ability to ask for increase? Markham, not spelled out like they can now, never was done that way, this is an automatic, if it works on a decrease, that would be good but don't see it happening, locked it in for life of contract and people are use to that. Whitehall, diesel surcharge could go down but the cost of living would probably not, Watford, thank you for adding paragraph 3 language. Fuel surcharge, and you said, this is only applicable to the collection portion of the bill? That is correct. Only on the collection. Commercial bills broken down to collection and disposal? I believe so, for our purposes, the accumulative fee, we'll calculate that out. Right but I want to be able to calculate that myself and see it, not that I don't trust you. I believe it is broken down on the bills. Okay so collection for 2 yd is same for 4 yd? The rates are based on a decline scale, if you apply % to collection of 2 yd container. By using your chart, 1999 diesel fuel is 99 cents, do we know that? We are using that from the Dept of Energy. Okay that answers that. This is a tough one, several things, timing is terrible, hope have made that abundantly clear, Jeff, timely needs to be better. Jeff, abundantly clear, it will not happen again, requirements and time frame are there and if we want increases we have to go by the guidelines. Watford, unfortunate we in this, don't have a lot of choices, we have to have trash pick up. Know neighboring city going out for bid, forced into a box and unfortunate. Kirk, multi year contract, have to with what is happening with the economy understand why they need an annual review with cost of living increases, who would have thought years ago we would be looking at diesel prices. Watford, think cpi is good way to approach it, although painful, in long run it will be beneficial to both side. Page -7- Markham, for annual review, for residential review they only use the CPI not diesel cost involved. Jeff right. Cook, the way the rate resolution reads annual has to be on agenda prior to tax assessment. Jeff, right and we understand we'd have to come to council with that annual review. Watford when are we going to handle the short fall? Markham when we do the next tax assessment, we have to Commercial will be March billing retro to Jan 1. d) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. Council Member Watford moved to adopt proposed Resolution No. 06-02 revising the rate schedule for Solid Waste Collection within the City of Okeechobee - City Attorney (Exhibit 6); seconded by Council Member Chandler. Attorney Cook read proposed Resolution No. 06-02 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE RATE SCHEDULE FOR SOLID WASTE COLLECTION WITHIN THE CITY OF OKEECHOBEE, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: DENIED/CARRIED. E. Council Member Watford moved to adopt proposed Resolution No. 06-03 authorizing the use of golf carts on certain streets or rights -of -way - City Attorney (Exhibit 7); seconded by Council Member Markham. Attorney Cook read proposed Resolution No. 06-03 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE USE OF GOLF CARTS ON CERTAIN CITY STREETS OR RIGHTS -OF -WAY PURSUANT TO THE PROVISIONS OF FLORIDA STATUTE 316.212, PROVIDING FOR COMPLIANCE WITH STATUTE, PROVIDING FOR PLACEMENT OF SIGNS, PROVIDING FOR LIMITATION OF LIABILITY; PROVIDING AN EFFECTIVE DATE." Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. F. Council Member Chandler moved to ratify the appointment of Robin Brock to the General Employees/OUA Pension Fund Board of Trustees, term ending December 31, 2006 - City Clerk (Exhibit 8); seconded by Council Member Williams. • Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Page -8- G. Council Member Watford moved to approve a 20% reduction of parking request for the G4 Office Park I project - Brad Goodbread (Exhibit 9); seconded by Council Member Markham. Watford, some discussion before the TRC as to where some parking spaces would be Whitehall, as per the TRC minutes the recommendation comes with the stipulation of where the parking is. Watford require applicant to put in more concrete parking? Whitehall, the TRC recommendation is to add the 2 parking spaces as discussed, proceed with allowing the reduction due to the on -street parking that can be taken into allowance. Watford approved as stated will not be able to use and will need to ad LaRue, recommendation of the TRC is based as they are listed in the minutes, from there standpoint reasons why, then its your call as to whether or not the TRC is to be held up. You've got to get 10 good spaces. Watford, spoke with applicant and with fire chief, sort of agree with applicant, this parking space was once used as a handicap parking space, concert to 2 spaces, fire protection that these are to close to the building, the 15 foot alley just south of the building, its just getting up to the building, personally don't see anything wrong with using the spaces, okay to use it as a handicap spot so why not these, and hate to go against staff recommendation, changing uses, don't see that it's a real problem. Whitehall, emphasis from TRC is that is a driveway (alleyway), move closer to addressing the issue of putting as much off-street parking as possible. Fire issues are almost incidental, thrust of issue was driveway to parking, if no driveway to get to the additional property, TRC suppose to utilize property for parking as much as possible. Markham, agree with Whitehall, used as handicap, don't have a problem with using the 2 parking spaces, don't like to go against staff, don't see anything wrong with using them, Watford, if he expands the building, etc, he may have to put more parking in there, Kirk, looks like it fits in there okay Watford, appreciate staffs diligence, but this is one instance that we can accommodate the property owner. Kirk, intension Watford move to amend clarify accounting to applicant submission using 2 spaces to south of building; second Markham Vote: All yea. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. H. Council Member Watford moved to approve a temporary street closing request , submitted by • • Page -9- Okeechobee Main Street, closing Southeast 3rd Avenue between Southeast Park and 2nd Street on March 3, 2006 at 7:00 a.m. through March 4, 2006 at 7:00 p.m. for its 4" Annual Barbeque - City Clerk (Exhibit 10); seconded by Council Member Chandler. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Council Member Watford moved to approve Okeechobee Main Street's first mural project - Bridgett Waldau; seconded by Council Member Chandler. Presented a picture of the mural to go on Haynes and Susan Williams. Starting Feb 14, 2006, big community event, group of artist with the kids, etc, invite others to come out, hopefully by speckled perch. Williams' are funding it, artist donating time. Thank Williams for funding this, hope fist of many. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS X MOTION: DENIED/CARRIED. J. Cook, explained how wording is. Markham, if someone didn't want to do Main Street guidelines then they can come to the city council to final. Council Member Watford moved to appoint the Design Review Board to consider all Main Street murals on behalf of the City of Okeechobee - Attorney Cook; seconded by Council Member Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. K. Presentation of Main Street's Quarterly Report - Maureen Burroughs Maureen, what have we done - developed & successfully implemented a Farmers Market in Downtown Okeechobee. In conjunction with the Sheriff department and chamber, Main street successfully sponsored a Halloween Celebration in the downtown park. Main Street working with the City sponsored downtown Christmas celebration in connection with the tree lighting ceremony. Published our first quarterly newsletter. Main street Tape 2 Side B What's next? Developing project Final Quarter Financial Report. Watford, CSX railroad, any headway? No, spoke with Legislators. Maycheck advised he would contact them for us. Page -10- L. Discussion pertaining to the Commerce Center - Travis Chambers. Same acreage and we will not be putting in the road. Some survey costs associated with replatting the lots. Conceptually what we are proposing. Travis Chambers, gone through engineering, lot 20, incorp 20 & 19 as phase I, use majority of the lots, offset lot 18 as phase 2. Engineers lined up to go into phase I once we get the drawings and swales changed somewhat, and contract is agreed upon. Another hold up, sell back at some point if there is a non performance issue by Adron fence, not totally resolved, attorney's working it out, we're ready to move forward, replatting, etc whatever needs to be done. Markham, go forward with 19 & 20,18 down the road, how many years? Within 2-3 years if everything remains as it has the last 2 years, 3 years out is realistic. How bad do you need 18? We're getting calls from other businesses and if you don't need it, we can sale it to someone else. Todd, right now we're on 1 acre and we're running over the top of ourselves, we'll need to space, picked up accounts in Orlando, looking at Ft. Lauderdale, Watford, don't mind taking that back.10.3 acres convey, specifically 18,19 & 20, but we'll use survey to redraw the lines. Council instructed staff to proceed in that matter. M. Discussion pertaining to Okeechobee Utility Authority issues - John Hayford. John Hayford, Interim Executive Director, Director of Operations for the OUA, update of status, currently under design phase for the WWTP, 4 mgd, developers capacity being contacted to see what future needs are as well as current needs. OUA Bd will then move forward with capacity options, we'll then enter into developers agreements. Things move forward construction by June/July 2006, Jan 08 to Jun 08 for new plant to be online. Currently plant expanding with filter, expansion online for summer, 850,000 gpd, developer capacity at 1 million gpd puts at 90% of permitted rate, close to WWTP capacity. Water plant came online April of last year along with ground water plant, should have ample water capacity. Planning stages is the hurricane season, trying to best decide how to temp supply water when the lake is stirred up to much by the hurricanes, looking at the rim canal pumping. Anticipating to have done by 2006 hurricane season. Design permit issues, working through them, might be end of July before could be done. Watford, appreciate your staff know the hours they put in. Thank you for coming up with a permanent temp solution. WWTP improvements to current will get you to 230,000, not under a moratorium right now. Get you over that hump. Where will the new plant be? Early on some discussion to build another plant, but timing being what it is with all the permitting would take longer than using the existing plant site. Fluent disposal? Deep well injections, identifying more local users, didn't really help, Chandler, temp solution, back flushing same system? Got bogged up. Explained what happened with Wilma, things being the same, the rim will be better to treat. Thank you John for the update. N. Discussion pertaining to the Hamrick Trust/use of parks issue - City Administrator. Jan 24 Mayor and I met with Hamrick Trustees, representatives, got face to face to discuss everything, broke it down to 3 main issues. City should not allow out of town businesses to use the parks. Main Street was discussed. WE indicated we will look at their vendors in April when it comes up. Chamber uses $200 per space rental, correlate with how it works in putting on the festival. Main Street gave us the financial report and theirs specifically shows it goes to cover the costs of advertising the green market. Hamrick be named as additional insured when parties use the parks to send the insurance. When mayor specifically asked them that is what we came away with. Page -11- Kirk, very friendly meeting, discussed concerns, one I came out with was the chamber speckled perch fee. Should only be to off set the amount to put the festival on. Audited financial statement by the Chamber to see how that money is used. Green market, local only with exception of local surrounding farmers could bring in what they grow. Concern of using parks as flea market. They want to be notified when there are activities in the park. Brian, good discussion, not that much discrepancies, Mr. Hamrick indicated, we're not asking to pull the rug out from under the city, ask you to evaluate in Spring which city has committed to. Not asking for action for tonight meeting, just for informational purposes only. Kirk, major concern was the speckled perch festival, whoever put its on, charge fees know it takes tremendous amount of work to put that on. Not sure ask for audited statement but at least a financial statement, no organization should object to that. If they do we should take a look at it. Brian, charges for chamber go in to general fund. Lyon Club selling Christmas tree was an example of what they think the parks was for. Brian, reevaluate main street's green market in April, not sense in going over it now. Kirk, don't know what fee's are, if we get financial statement from chamber. Watford, there are many entities that use the park, some use to make profit some don't, Kwansis Santa, use is for different reasons, chamber as a non profit organization don't see why they can't use the parks to raise funds, don't see difference, know that is why we haven't donated money to the chamber is because they have not furnished us with financial statements, don't want to get into asking for copies of financial statements from everyone who uses the parks, IE: First Baptist, Kirk, if I was a fund raising organization non-profit, don't mind paying fee to be in crowd to get the exposure, over short period of time, opportunity to raise funds, don't take like anything that was said in the meeting, no threats, these are their concerns and we said we'd bring this to the council. Will look at green market in April. Markham, everyone knows where I stand, one of the organizations that I belong to, we couldn't participate in the park we were doing it to give out information to let people know that we are here to help people, those type organizations don't think chamber should charge, everybody is in there to make a profit, we're not making anything, we thought that was wrong, volunteers sitting up there, just to get information out to people, other organizations pay to be in there and sale items and they make their money back. That money is then kept in the county and helps people in the county. In return they get to make a profit, then it goes into the county like scholarships, don't think people would mind small fee, but large amount for those is not right. Charging for rent, way higher. Watford, use the same example for the Lyons club selling Christmas tree's. Agree with Mayor because it's a lot of work to put one of these events on. Speckled Perch and Labor Day Festivals are large and huge undertaking. Your organization can go in the park and hand papers out anytime, but to get the access to that many people, they are doing to the work to get that many people there, it is a real chore. Kirk, reiterated what he said earlier. Good meeting. You'll be seeing this again. 0. Discussion pertaining to residency requirement for law enforcement officers - Chief Denny Davis. Denny, asked to have this put on here, know the changing times with price of housing, recently looked at trying to get more applicants to apply, even sent representatives to colleges, relocating to community has caused a real problem, did a survey of 19 departments, only 1 dept that still has the residency requirements. Highlands County. Changed tape 3 side B Markham, millage on vehicles addressed, that can solve itself, have to do, driving vehicles out of county, time to get to work if emergency,1 hour response time would be implemented, if he had 5 people for same job, local and out of town, Okeechobee would have few more points, etc. cars should not go out of county though, making it harder to find people to work • • Page -12- Williams, as far as opening up, years ago, put in because of administrator that was out of town, care about vehicles, not extra expense to the city, Make clear preferences that okeechobee people are hired with preference. Herb, not trying to stop Denny, trying to keep safety issues with my department. Waiver option. Staff to formulate and bring back to the council. P. Discuss proposed development, `The Grove"- Council Member Watford. Apologize to representatives to the Grove, hate to have you sit through this entire meeting. Make sure council is aware of the proposed development, could be very important issue within our county, make yourself on this issue, extremely important to this community as a whole, city should or could properly take any actions on this, we may at some point in the future. ITEM ADDED TO AGENDA. 0: Council Member Watford moved to appoint Rick Amiet to the County Vision Steering Committee - City Administrator; seconded by Council Member Markham. Terry Burroughs, florida heartland rural development imitative, 3 vision committees, what okeechobee will look like in 2015, VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. IX. MAYOR KIRK ADJOURNED THE MEETING AT 9:05 P.M. CITY OF OKEECHOBEE FEBRUARY 7, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 5 I. CALL TO ORDER - Mayor: February 7, 2006 City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Randy Huckabee, First 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 isPublic Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS. A. Proclaim February 19 - 25, 2006 as "National Engineers' Week." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 17, 2006 Regular Meeting. FEIBRUARY 7, 2006 - CITY COUNCIL AGENDA - PAGE 2 OF 5 M. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a). Motion to read by title only proposed Ordinance No. 929, regarding Comprehensive Plan Future Land Use Map Amendment Application No. 06-001-SSA, • submitted by David and Judy Hester to re -designate Lots 9 and 10 of Block 143, Okeechobee, from Multi -Family to Commercial -City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 929 by title only. 2.a) Motion to adopt proposed Ordinance No. 929. (Land Planning Agency recommends approval) b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 930, regarding Future Land Use Map Amendment Application No. 06-002-SSA, submitted by Noel Samms on behalf of the property owner PM Plus AutolTruck Repair, Inc. to re -designate Lots 1-6 of Block 102 and Lots 1-6 of Block 97, Okeechobee, 10 from Single Family to Industrial - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 930 by title only. 2.a) Motion to adopt proposed Ordinance No. 930. (Land Planning Agency recommends approval) b) Public comments and discussion. FEBRUARY 7, 2006 - CrrY COUNCIL AGENDA - PAGE 3 OF 5 Al. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.2.c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. All, NEW BUSINESS. • A.1.a) Motion to read by title only and set February 21, 2006 as final public hearing date for proposed Ordinance No. 931 regarding Rezoning Petition No. 06-001- R, submitted by David and Judy Hesterto rezone Lots 9 -10, Block 143, Okeechobee, from Residential Multiple Family (RMF) to Heavy Commercial (CHV) - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 931 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 931. b) Discussion. c) Vote on motion. • B.1.a) Motion to read by title only and set March 7, 2006 as a final public hearing date for proposed Ordinance No. 932 regarding Alley Closing Application No. 78, submitted by Frank Williamson, Jr. - City Clerk (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 932 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 932. b) Discussion. FEBRUARY 7, 2006 - CITY COUNCIL AGENDA - PAGE 4 OF 5 VIII. NEW BUSINESS CONTINUED. B.2.c) Vote on motion. C.1.a) Motion to remove from the table a motion by Council Members Watford and Williams to approve the Second Amendment to the Franchise Agreement with Waste Management for Solid Waste Collection - City Attorney (Exhibit 5). b) Vote on motion to remove from table. • c) Discussion. d) Vote on motion. D. Motion to adopt proposed Resolution No. 06-02 revising the rate schedule for Solid Waste Collection within the City of Okeechobee - City Attorney (Exhibit 6). E. Motion to adopt proposed Resolution No. 06-03 authorizing the use of golf carts on certain streets or rights -of -way - City Attorney (Exhibit 7). F. Motion to ratify the appointment of Robin Brock to the General Employees/OUA Pension Fund Board of Trustees, term ending December 31, 2006 - City Clerk (Exhibit 8). G. Motion to approve a 20% reduction of parking request for the G4 Office Park I project - Brad Goodbread (Exhibit 9). • H. Motion to approve a temporary street closing request, submitted by Okeechobee Main Street, closing Southeast 3rd Avenue between Southeast Park and 2nd Street on March 3, 2006 at 7:00 a.m. through March 4, 2006 at 7:00 p.m. for its 4P Annual Barbeque - City Clerk (Exhibit 10). 1. Motion to approve Okeechobee Main Streets first mural project - Bridgett Waldau. J. Motion to appoint the Design Review Board to consider all Main Street murals on behalf of the City of Okeechobee - Attorney Cook. K. Presentation of Main Streets Quarterly Report - Maureen Burroughs. FEBRUARY 7, 2006 - CITY COUNCIL AGENDA - PAGE 5 OF 5 VIII. NEW BUSINESS CONTINUED. L. Discussion pertaining to the Commerce Center - Travis Chambers. M. Discussion pertaining to Okeechobee Utility Authority issues - John Hayford, N. Discussion pertaining to the Hamrick Trust/use of parks issue - City Administrator. 0 0. Discussion pertaining to residency requirement for law enforcement officers - Chief Denny Davis. f P. Discuss proposed development, "The Grove" - Council Member Watford. 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. v !i Off l of t he Mayor ce 1 :4t W BA'd' A►9; engineers bane used their sdendffc Awd tec;�l koowledge cresdve andfnaovadw wvys to farMW society'saeedw and y=w l ,emg&eersfaCethelllw)Wr eCrlDO1Dg�C81C eDgeBoFOYIi'l�te-frOL[tY'lelftJl% `toirrts de►astated byaatural diaa.3ters io deaigafig as 9aformatioa srxps►r1`iigbwajt Ant wl7! speed our coaatrymto Mb new ceatru7; and WHBAS, eaguseers are encoarraglag ourynungmath and scr'eacle studeats toreaiize they prwdeal power ofdwkhaowledget sod WEEWW .4, we omff Took wom don ever to eng3aeem and tmrlmowledge aad sld& to meet the ebaVempm ofStefift ne; NOWfIFORA1,faawsS X&k bywdareoftheavdwrityreotedraweasMayoroftbe City of Olaeec►fobee, Ho"&% do hmvbypr e&" February 19 through Zs, 200'6y Aw XA?WAW B"1g=.S WBKia die C&y ofOlaeecbobee: � ,�� ': lyor wit�oresa �r6erieoflhn�rrellraner+�r�o�etar�`^' �.;, e k u i- WOR"W'.'. ,may_ EXHIBIT 1 FEBRUARY 7, 2006 ORDINANCE NO. 929 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM MULTI -FAMILY (MF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN 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. 06-001-SSA), submitted by E. David and Judy Hester, for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part 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 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, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.0344 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06-001-SSA, from Multi -Family to Commercial. The Legal Description of Subject Property is as follows: LOTS 9 AND 10 OF BLOCK 143, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Page 1 of 2 SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 929 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 7T" day of February, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 711 day of February, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 Adh Ah City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: 1 I Q I OS MV Petition No.()toO- S S Fee Paid: 500. O0 Jurisdiction: )Cc, 1st Hearing: I I A 41OLo 2nd Hearing: '� � 1 Ota Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application / Please Check One: J Small Scale Amendment (Under 10 Acres) — Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): E . 'L�v; a c J ud �-k . oe�2 A P' Owner mailing address: aoq P5C 3"1 A\j,e h F 3 qt� .. Name of applicant(s) if other than owner (state relationship): L -. - C Applicant mailing address: PP g a N, ;; . d PC,5�e�- i aw r Name of contact person (state relationship): �q V o L Contact person daytime hone(s): 3 - Z5" 6 Fax: -`)L¢ - I t ✓ Property address / directions to property: Loks g- %O b` k'- Parcel Identification Number:.3 - JIS _ ',31 at) - p©j p - 014310- ocgo Size of the Property (in acres): C) Current Zoning Designation: PIW\. �Mu 1 �iP\e �o�rnr P R Current Future Land Use Designation: O Existing Use of the Property: tY �QCCInP .� E Proposed Future Land Use Designation: CCMVY\e-'(a J�-k R. T' Proposed Use of the Property: Y 0-KKe 9"Acd; n� Description of Surrounding Properties: Occupoiio"CO QV'-'V)0-b Legal Description of the Property (Lengthy Description May be Attached): TL c s q- 1 D & k 14 "Z'� Uniform Land Use Application (rev. 12/03) Page 1 of 2 Required Attachments Survey of Property (11" x 14", 20" Scale) Application Fee (non-refundable) Letter Outlining Request City Location Map Notarized Letter of Owner's Authorization r V I Confirmation of Information Accuracy II 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 may result in the summary denial of this application. Printed Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 City Of Okeechobee Request for Rezoning Owners: E. David & Judy M. Hester Lots 9-10 Block 143 Request to Rezone to Heavy Commercial. Reason for Request: Intend to build new State Farm Insurance Office. Surrounding Property zoned Heavy Commercial. 6K 0 41 9 Mull-F 0 8 Pared iD Number 3-15-37-35-0010-01430-0090 Grantoe #1 11N: Grantee #2 Tilt Documentary Stamps paid in the amount of $ _ 140. W Gass C Intangible Tax paid in the amount OfS$- Sharon Robertson, Clerk of Circuit Court Oket>cho urlty BY - Date, �, D.C. Date. Warranty Deed This Indenture, Made this 3rd day of March,19 9 9 A.D. , Between ZORA COKER TROUT f/k/a ZORA COKER by JACKSON C. CORER, her Attorney -in -Fact, of the County of Okeechobee , stag, of Florida , grantor, and E. DAVID HESTER and JUDY M. HESTER, his wife, whoseaddressis:204 N.E. 3rd Avenue, Okeechobee, Florida 34972 Of the County of Okeechobee state of Florida , grantees. Witnesseth that the GRANTOR, for and in consideration of the sum of — — — — — — — — — — — — — - - - - - - - - - - TEN & NO/ 100 ($10.00) - - - - - - - - - - DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRAMMES and GRANTEES' heirs and assigns forever, the following described land, situate, lying and being in the county of Okeechobee State of Florida to wit Lots 9 and 10, Block 143, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. The property herein conveyed DOES NOT constitute the HOMESTEAD of Grantor. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1998. FILED FOR RECORD OKEECHOBEE CO. FL. 32 0 a Ski 911MAR -4 AN10: 16 SNARON RO$1•RTSON CLERIC OF CIRCUIT COURT and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first written. Sign seat an delivered' presen (seal) EVA MAE COMELY ORA COKER TROUT by JACKSON Witness C. COKER, her Attorney -in -Fact P.O. Address 2201 SW. 28th Street Villa #40, Okeechobee, FL 34974 TOM Di L II Wi ess STATE OF FLORIDA T COUNTY OF OKEECHOBEE v The foregoing instrument was acknowledged before me this 3rd day of March , 1999 by R JACKSON C. CORER as Attorney —in —Fact for ZORA CORER TROUT, N .T wbo is personally imown to me. This Document Prepared By EVA MAE (DNEI Y TOM W. CowmY, III � MY COMMksskat r cc 58ki467 NBZ Y a: CONFLY, PA SWM De wdw 1Z woo EVA MA.E COMELY N. W.2PID STRffiT Bad,A7lan NotsyliEYo 1prdwr slYn NOTARY PUBLIC oli'EEdYioBEC, FL 34971 My commission Expirma: 12 / 12 / 0 0 .I abu i ul STATE FARM . do echobee County Property Appraiser INSuR faNstEt. ated:lll142005 Parcel ID: 3-15-37- 35-0010-01430-0090 Owner & Property Info Owner's Name HESTER E DAVID & IUDY M Site Address 0 NE 2ND ST, Okeechobee Mailing Address 204 NE 3RD AVENUE OKEECHOBEE, FL 349720000 Brief Legal CITY OF OKEECHOBEE LOTS 9 & 10 BLOCK 143 Use Desc. (code) VACANT (000000) Neighborhood 518658.00 Tax District 50 UD Codes I Market Area 40 Total Land Area 0.344 ACRES Property & Assessment Values Mkt Land Value cnt: (1) $35,700.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $35,700.00 Sales History • 2005 Proposed Values Property Card GIS Map Print Search Result: 1 of 1 ft PbA49 �� << Prev 1 Of 0 Next >> I Just Value $35,700.00 Class Value $0.00 Assessed Value $35,700.00 Exempt Value $0.00 Total Taxable Value $35,700.00 Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 3/3/1999 419/8 WD V U 03 $20,000.00 6/30/1964 82/535 WD V Q $0.00 5/13/1958 23/133 WD V Q $0.00 Building Characteristics Bldg Item Bldg Desc Year Bit T Heated S.F. Actual S.F. Bldg Value NONE Extra Features & Out Buildings Code I Desc Year Bit Value I Units I Dims Condition (% Good) NONE Land Breakdown Lnd Code Desc Units I Adjustments I Eff Rate Lnd Value 067NP9 I NO SIDE ST (MKT) 1 100.000 FF - (.344AC) 1 1.00/1.00/1.00/1.00 1 $357.00 $35,700.00 Okeechobee County Property Appraiser Last Updated: 11/14/2005 Search Result: 1 of 1 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A Q I Contact Us http://www.okeechobeepa.com/gis/D_SearchResults.asp 11 /28/2005 EY LOCATED IN SOUTH, RANGE 35 EAST MERIDIAN ,UNTY, FLORIDA LOT 5 LOT 4 LOT 3 LOT 2 OKEECHOBEE, according rded in Plat Book 5, Okeechobee County, Florida. 15' ALLEY -estrictions of record. abstracted by this office. BLOCK 14: undations are not shown. OKEECHOBE PLAT BOOK 5, F In was provided by the OKEECHOBEE C( FLORIDA ure and the original raised urveyor and mapper. 3w adjoining land owners sements. I upon assumed datum. Flood Zone C, as scaled from l 7 0200B, dated 2-4-81. ! TREET, OKEECHOBEE,, FL W 1 ZILd Ww 1`�' :ached sketch of survey >rY Q Iperty is true and correct 0 le and belief as surveyed I� supervision. Subject to MQM r r ,,on. cc 1 WI'o � zI AIR0`F7'�0"C — Inn nn' t� w� ASPHALT PAVEMENT I ON 0 LEGEND M - MEASURED DIMENSION D = DEED DIMENSION P = PLAT DIMENSION CM CONCRETE MONUMENT IR IRON ROD IRC IRON ROD WITH CAP WM WATER METER WV = WATER VALVE UP = UTILITY POLE SPRINT - SPRINT BOX LT ARC LENGTH A - CENTRAL ANGLE R = RADIUS DISTANCE CH = CHORD SF = SQUARE' FEET GAL = GALLON FD FOUND PS a PLAT BOOK PG = PAGE ORB = OFFICIAL RECORDS BOOK RAD = RADIAL NR NOT RADIAL 1375 JajjjWn Street, Suite 206 Fort M Florida 33901-2845 • Phone: 239-334-3366 Fax: 239-334-6384 _ Email: larue-planning(a,att.net Staff Report -Small Scale Comprehensive Plan Amendment Prepared for: Applicant: Petition No. The City of Okeechobee David & Judy Hester 06-001-SSA Staff Report Small -Scale Comprehensive Plan Amendment General Information AVplicant: David & Judy Hester Petition No. 06-001-SSA Applicant/Owner: David & Judy Hester Applicant Address: 204 NE 3rd Avenue Okeechobee, F1 34972-2961 Applicant Phone Number: 863-763-5561 Contact: 77_�David Hester Existing Proposed Future Land Use Map Multiple Family Commercial Classification Zoning District RMF CHV Use of Property Vacant Commercial Office Building Acreage 0.344 0.344 Location: 0 NE 2nd Street Legal Description: Lots 9 and 10, Block 143, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Request: The applicant is requesting a Small Scale Amendment to the Future Land Use Map from Multiple -Family to Commercial to allow an office building on the property. Based on the size of the property (0.344 acres), this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Plan. Concurrently, the applicant is requesting a rezoning of the property from RMF to CHV. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Vacant, Therapy Center, MXD Residential East: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Title Company Office South: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Beauty parlor & Bank West: Future Land Use Map Classification: Commercial Staff Report 0 Small -Scale Comprehensive Plan Amendment Olicant: David & Judy Hester Petition No. 06-001-SSA Zoning District: CHV Existing Land Use: State Farm Insurance Office The subject property is currently vacant. The uses that are allowed on the property are multi -family residential in nature. However, this neighborhood is within a transitional stage whereas commercial uses are beginning to dominate the area. While there are still some residential uses nearby, the immediate area north and south of the subject property tends to favor light commercial uses. r Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The surrounding land use categories have been, within the last year, changing from Multiple -Family to Commercial. As a result, the subject property has become isolated as it is surrounded on all sides by light commercial uses. Based on the application, it would appear that the proposed office use is consistent with Objective 2 and its corresponding policies. The use being proposed is similar to surrounding existing uses in the area. B. Concurrency of Adequate Public Facilities Public utilities, including sanitation and sewer, should be available to this site. The proposed Commercial Future Land Use will require a site plan review before its development. At this time, it appears that concurrency can be met. C. Compatibility with Adjacent and Nearby Land Uses As discussed earlier in this report, the proposed commercial use would be in harmony with adjacent and nearby uses. The office building would not adversely impact the area. D. Compliance with Specific Standards of the Plan. The proposed request seems to be consistent with the land use, traffic ways and other standards set forth in the Plan. All standards of development will have to be met as per specific policies governing floor area ratios and the maximum impervious surface for development within the Commercial Future Land Use Category. 2 Staff Report Small -Scale Comprehensive Plan Amendment Analysis and Conclusions Applicant: David & Judy Hester Petition No. 06-001-SSA Based on the above analysis, Staff recommends approval of the request to allow a Small Scale Future Land Use Map Amendment from Multiple -Family to Commercial. Maps or Diagrams Submitted by: James G. LaRue, AICP January, 2006 2006 - Land - Page 2 of 4 IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 06-001-SSA. Consider a recommendation to the City Council, to change the land use designation for Lots 9-10, Block 143, City of Okeechobee, from Multi -Family to Commercial. The subject property is located within the 300 Block of Northeast 2nd Street. The property owners and applicants are E. David and Judy Hester. • • Jim LaRue of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The subject property is currently vacant. The uses that are allowed on the property are multi -family residential in nature. However, this neighborhood is within a transitional stage whereas commercial uses are beginning to dominate the area. While there are still some residential uses nearby, the immediate area north and south of the subject property tends to favor light commercial uses. Planning Staff Report Comprehensive Plan Analysis: (A) The surrounding land use categories have been, within the last year, changing from Multiple -Family to Commercial. As a result, the subject property has become isolated as it is surrounded on all sides by light commercial uses. Based on the application, it would appear that the proposed office use is consistent with Objective 2 and its corresponding policies. The use being proposed is similar to surrounding existing uses in the area. (B) Public utilities, including sanitation and sewer, should be available to this site. The proposed Commercial Future Land Use will require a site plan review before its development. At this time, it appears that concurrency can be met. (C) As discussed earlier in this report, the proposed commercial use would be in harmony with adjacent and nearby uses. The office building would not adversely impact the area. (D) The proposed request seems to be consistent with the land use, traffic ways and other standards set forth in the Plan. All standards of development will have to be met as per specific policies governing floor area ratios and the maximum impervious surface for development within the Commercial Future Land Use Category. Planning Staff Report Analysis and Conclusions: Based on the above analysis, Staff recommends approval of the request to allow a Small Scale Future Land Use Map Amendment from Multiple -Family to Commercial. David Hester, applicant, explained that the proposed development for this site would consist of a new State Farm Office Building. He stated that he was available to answer any questions that the Agency may have. There was no public comment, nor any Agency discussion. January 24, 2006 - Land 3 of 4 IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No. Agency Member McCoy motioned to recommend to City Council to approve Comprehensive Plan, 06-001-SSA, continued. 11 Future Land Use Map Amendment Application 06-001-SSA, to change the land use designation from Multi -Family to Commercial; seconded by Agency Member Whidden. VOTE BURROUGHS-YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. B. Comprehensive Plan, Future Land Use Map Amendment Application No. Jim LaRue of LaRue Planning and Management, City Planning Consultant, briefly described the Staff 06-002-SSA. Consider a recommendation to the City Council, to change Report as follows: the land use designation for Lots 1-6, Block 102 and Lots 1-6, Block 97, City of Okeechobee, from Single Family to Industrial. The subject property Planning Staff Report Summary: The subject property is currently vacant. The uses that are allowed is located in the 400 and 500 Blocks of Northwest 7`'' Avenue. The on the property are industrial in nature. Although the subject property, as well as most of the application was submitted by Noel Samms on behalf of the property owner surrounding properties are vacant, the applicant intends to construct an automobile repair and parts store. PM Plus Auto/Truck Repair, Inc. Planning Staff Report Comprehensive Plan Analysis: (A) The applicant's request is consistent with the Industrial Future Land Use Category as described by the Comprehensive Plan. (B) Public utilities should be available to the site. The proposed use will require a site plan review before its construction to ensure concurrency. (C) The proposed use should not adversely impact the surrounding area. During the site plan review phase, the TRC will determine what type of buffering, if any, would be required to screen the use. (D) The proposed request appears to be consistent with the Comprehensive Plan. All standards will have to be met with regard to floor area ratios and maximum impervious surfaces. Agency Member Maxwell questioned whether the surrounding streets were improved. Jim LaRue, City Planning Consultant, explained that the streets are not currently improved; however, the developer would be required to develop them. Mr. LaRue explained that this would be reviewed during the Site Plan Review process. • 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 i in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn �b an subscribedfore me this —97 :fl A.D. 20 () b Notary Public, State of Florida at Large FILE COPY Commission #DD272118 . Ehpiies: Jan 17, 2008 Bonded Thru Atlantic Bonding Co., Inc. e • � ExntBrr 2 FEBRUARY 7, 2006 ORDINANCE NO. 930 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.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. 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. 06-002-SSA), submitted by Noel Samms, on behalf of property owners, PM Plus Auto/Truck Repair, Inc., a Florida Corporation, Orlando Rodriquez, President, for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part 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 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, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 2.066 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06-002-SSA, from Single Family to Industrial. The Legal Description of Subject Property is as follows: LOTS 1 THROUGH 6 INCLUSIVE OF BLOCK 97, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF Page 1 of 2 RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND, LOTS 1 THROUGH 6 INCLUSIVE OF BLOCK 102, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 930 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 7T" day of February, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 71' day of February, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 Adh 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 1 Date:'Al aal ©c, Petition No. Fee Paid: 15-00 Jurisdiction: 4 C IsHearing: 2ndHearing: of , O Publication Dates: I .+ Notices Mailed: Comprehensive Plan Map Amendment Application / Please Check One: ✓ Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): -Pfvl P 1 v S R U CH U+� f �e A i rc Tj�1L A P Owner mailing address: �(3 ( .3 (Y) e t /,\ Le v c A LA LK wolON rf" L 3 3 L Name of applicant(s) if other than owner (state relationship): �� (�A CA r.,� S� i` cApplicant mailing address: A N Name of contact person (state relationship): U L nT' Contact person daytime hone(s): b-2 Fax: S61-' 7 1 -3'-o ✓ Property address / directions to property: t S - ' `-) 3 5 -- 001 o v 7 O - C> I 11 Parcel Identification Number:3 — j - `7 — S S p — U 1d�) () — p D l Size of the Property (in acres): O 3 P < Current Zoning Designation: R Current Future Land Use Designation: S-} )` 0 p Existing Use of the Property: g p rtY `} 1� C to iV. E Proposed Future Land Use Designation: T ru s +! R T Proposed Use of the Property: 1 2 U C. Re— PA I (L U C k a t2fs .� Stof Y Description of Surrounding Properties: L V !� -c, n N Gn c'i Legal Description of the Property (Lengthy Description May be Attached): IO (o -TA.�c vs(Uc- Y-- io 15 1 �co 7 Uniform Land Use Application (rev. 12/03) Page 1 of 2 ✓ Required Attachments Survey of Property (11" x 14", 20" Scale) Application Fee (non-refundable) Letter Outlining Request City Location Map Notarized Letter of Owner's Authorization ✓ Confirmation of Information Accuracy, i 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 d re t in the summary denial of this application. Signa e Printed Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 I0NMImNlllN/Mr THIS INSTRUMENT PREPARED BY AND RETURN TO: Patricia A. Ragon Elite Title, Inc. 412 N.W. 3rd Street FILE NLJM 2004001730 OR BK 00522 PG 1589 SHARON ROBERTSDNr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 02/05/2004 09:37:26 AM RECORDING FEES 6.00 DEED DOC 0.70 RECORDED BY M Anuez Okeechobee, Florida 34972 Property Appraisers Parcel Identification (Folio) Numbers: 3-15-37-35-0010-01020-0010 and 3-15-37-35-0010-00970-0010 Space Above This Line For Recording Data TMS WARRANTY DEED, made the day of January, 2004 by Y. Tommy Housch, whose post office address is 407 South Lake Avenue, Pahokee, F13 6 herein called the grantor, to PM Plus Auto/truck Repair, Inc., a Florida Corporation, whose post office address is 4363 Melaleuca Lane, Lake Worth, Fl 33451, hereinafter called the Grantee: (Wherever used herein the terms grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns ojindivutuals, and the successors and assigns ojcorporadons) t W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: Lots 1 through 6, inclusive, Block 97, OKEECHOBEE, according to the Plat thereof, as recorded in Plat Book 2, Page 17, of the Public Records of Okeechobee County, Florida. AND Lots 1 through 6, inclusive, Block 102, OKEECHOBEE, according to the Plat thereof, as recorded in Plat Book 2, Page 17, of the Public Records of Okeechobee County, Florida. Subject to easements, restrictions and reservations of record and taxes for the year 2003 and thereafter. THIS DEED IS BEING RECORDED TO CORRECT THAT CERTAIN DEED RECORDED IN O.R. BOOK 0501, PAGE 1013, OKEECHOBEE, ADDING A LEGAL DESCRIPTION THAT WAS OMiTED AT THE TIME OF CLOSING. THE ABOVE REFERENCED PROPERTY IS NOT THE HOMESTEAD OF THE GRANTOR. THIS IS VACANT LAND. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. , AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2002. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, ed and del' d in the presence of: W' ess #lZibxtW- AcKs #2 Si Witness #2 Printed Name to STATE OF FLORIDA COUNTY OF o sC=� The for acknowledged before me thit-22_ day of January; 2004 by Y. Tommy Housch t= 1= t wit s personally ]mown to me o produced as identification. w R w �y 812 1 of `5�F�.IniaPLwW WC:awNwnrCMpHt; Pub Q � H Zp z�z ByMwWahg7t107 N 9 a O N m A n�c (� j�ptll►_S Printed Notary Name My Commission Expires: File No: 03-1087 NOV 28 05 08.08a 111-128, 1:33 PH FACC Far. "0: 7?23947 FASEB 032 OF 00 P.M. Plus Auto & Truck repair 4363 Meialeucal Lane Lake 11. wh Fl. 33451 RE. Parcel ld 3-15-37-35-0010-00970-0010 & 3-15-37-35- 0010-01020--0010 Dear Friend, Tlvs letter is for the sole intent of giving Noel W. Samrns consent &. permission to represent our company in the process of amending the city of Okeechobee future land use plan regarding the above mentioned parcels. I am the president of the above mentioned corporation and have the authority to grant this permission. if need be please contact me C (561) 963-1042 my name is thlando Rodriquez & I am available during regular business hours m-f. YDAIGA" .: _ NObq Pdit - Oft Of ?1MW Mq Ca�r�filMiO E4YM tN A CO AftifOQ 0 00 MM STATE OF F 1DA COUNTY O1-3 1- Swom to (or aff t med) and subscribed befgre me thi n -t4y ofN, , Near-q"V� (Name of -tatement) UMM (Name of lotci,yt Typed, £sir.ze �•'r ri . a .t.�-nped) emp3,o,,�neffly 1, 3-x or Productsd ide vifica ion, F.`Q11}i�5rl�Y._S C1 LSF.X t�aC-s 11/28/2005 7:36 PH FROM: Fax TO: 7983907 PAGE: 002 OF 002 • • 13619 49th St N. Royal PaIm Beach Fl. 33411 Ph.(561)798-0334 Fax(561)798- 3907 Paul@,PautSamms.com .......................—........... November 28, 2005 Re: Parcel Id-3-15-37-35-0010-00970-0010 & 3-15-37-35-0410-01020- 0010 Dear Friend, I will be representing P.M. Plus Auto & Truck in the process of rezoneing pre - mentioned properties in the city of Okeechobee. The properties are currently zoned vacant industrial and the purpose of this petition is uphold that zoneing. My clients intend to relocate their families & business to the city of0keechobee. The purchase ofthe said properties was for the sole intent to build a modern repair facility that will employ local residents and thus add the future economic growth. The goal of this petition is to keep the current zoneing by amending the future land use plan to its current content. We appreciate you takeing the time to review this application & hope that your conclusion is favorable. Respectfully, Noel W. Samms D_SearchResults Okeechobee County Propel _, Appraiser Last Updated: 1/16/2006 Parcel ID: 3-15-37-35-0010-01020-0010 Owner & Property Info Owner's Name PM PLUS AUTO/TRUCK REPAIR INC Site Address 0, Okeechobee Mailing Address 4363 MELALEUCA LANE LAKE WORTH, FL 33451 Brief Legal CITY OF OKEECHOBEE LOTS 1 TO 6 INC BLOCK 102 Use Desc. (code) VACANT IND (004000) Neighborhood 618611.00 Tax District 150 UD Codes Market Area 40 Total Land Area 1.033 ACRES Property & Assessment Values Mkt Land Value cnt: (1) $27,000.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $27,000.00 Sales History rage 1 Ut 2006 Proposed Values Property Card GIS Map Print Search Result: f of 1 No 111MMAda WWWWW << Prev 1 of 0 Next » Just Value $27,000.00 Class Value $0.00 Assessed Value $27,000.00 Exempt Value $0.00 Total Taxable Value $27,000.00 Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 1/22/2004 522/1589 WD V U 03 $0.00 11/ 1/ 1995 372/301 WD I Q $5, 000.00 3/10/1974 180/11 WD V U 03 $0.00 Building Characteristics Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value NONE Extra Features & Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) NONE Land Breakdown Lnd Code Desc j Units Adjustments 4$0.60 Eff Rate Lnd Value 061ID1 RR VICINIT (MKT) 45000.000 SF - (1.033AC) .80/1.00/1.00/1.00 $27,000.00 Okeechobee County Property Appraiser Last Updated: 1/16/2006 Search Result: 1 of 1 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A O I Contact Us , This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, iYs use, or Ws interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed http://www.okeechobeepa.com/GIS/D_SearchResults.asp 1/23/200( ll aearcnKesults Okeechobee County Props Appraiser Last Updated: 1 /16/2006 Parcel ID: 3-15-37-35-0010-00970-0010 Owner & Property Info Owner's Name PM PLUS AUTO/TRUCK REPAIR INC Site Address 0, Okeechobee Mailing Address 4363 MELALEUCA LANE LAKE WORTH, FL 334510000 Brief Legal CITY OF OKEECHOBEE LOTS 1 TO 6 INC BLOCK 97 Use Desc. (code) VACANT IND (004000) Neighborhood 618611.00 Tax District 50 UD Codes I Market Area 40 Total Land Area 1.033 ACRES Property & Assessment Values Mkt Land Value cnt: (1) $27,000.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $27,000.00 Sales History rage i or 2- • 2005 Proposed Values Property Card GIS Map Print Search Result: 1 of 1 I<< Prev 1 Of 0 Next >> I Just Value $27,000.00 Class Value $0.00 Assessed Value $27,000.00 Exempt Value $0.00 Total Taxable Value $27,000.00 Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 1/22/2004 522/1589 WD V U 03 $0.00 4/24/2003 501/1013 WD V U 02 $30,000.00 11/1/1995 372/302 WD V Q $5,000.00 Building Characteristics Bldg Item Bldg Desc Year Bit I Heated S.F. Actual S.F. Bldg Value NONE Extra Features & Out Buildings Code Desc Year Bit Value Units Dims Condition (% Good) NONE Land Breakdown Lnd Code Desc I Units Adjustments Eff Rate Lnd Value 061ID1 RR VICINIT (MKT) 1 45000.000 SF - (1.033AC) .80/1.00/1.00/1.00 $0.60 $27,000.00 Okeechobee County Property Appraiser Last Updated: 1/16/2006 Search Result: 1 of 1 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A Q I Contact Us This information was derived from data which was compiled by the Okeechobee County Properly Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or its interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed h"://www.okeechobeepa.com/GIS/D_SearchResults.asp 1 /23/2006 m• 0 me NORTH 6TN ST CE7VTEHL ME b r NORTH 5TH ST ctxTErs.1r� MS OrWWE JW.111f1 P1 SWIM � 2 b 3 $ N BLOCK 102 N _ ANEMf.0 3 AC0W9P) �+ ¢ 4 a 5 �i FTi s 1so•rPr OW UP[ m1. 14 IR b NORTH 4TH S LELAND D YAL S R. L. S. 2084 304 S. hl 3rd Ave., Okeechobee, Fla. PM M16 .... 784-4M FAX.... 789-2600 10, W, a w I W 1n W f OF W 67N AYE t!0'q= 76&ft—�" fiEvislaw DATE LEGEND RBF - Rebar Found RBS - Rebar W/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument [P) - As per the plat of (Fi - Field Measurement 0) - As per the deed CC) - Calculation NOTES: 1. Basis bearing CENTERLINE OF NW 4TH STREET 2. Bearings ASSUMED 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4. Description as per owner STREET ADDRESS: N/A CERTIFIED TO: PM PLUS AUTO/TRUCK REPAIR INC. SURVEY OF: LOTS 1 THROUGH 6, I NCLUS I VE. BLOCK f 02, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LOTS 1 THROUGH 6, INCLUSIVE, BLOCK 97, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED /N PLAR BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. L INDYALS, R-�SO SEAL IF. s 1' ■ Mir LD J1W4 Co. 7 LOT iflMti 6 EX 102 & MX 97 ,lam FM PR PLUS AUTO/TRUCK REPAIR INC. 1375 Ja on Street, Suite 206 Fort MJW Florida 33901-2845 • Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a,)att.net Staff Report — Small Scale Comprehensive Plan Amendment Rcvi se-oc Prepared fog: The City of Okeechobee Applicant: Noel Samms Petition No. 06-002-SSA Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Noel Samms Petition No. 06-002-SSA General Information` Applicant: Noel Samms Applicant Address: 13619 49th Street N. Royal Palm Beach, Fl 33411 Applicant Phone Number: 561-722-7089 Applicant Fax Number: 561-798-3907 Owner: PM Plus Auto/Truck Repair Inc. Owner Address: 4363 Melaleuca Lane Lake Worth, Fl 33451 Owner Phone Number: Existing Proposed Future Land Use Map Single Family Industrial Classification Zoning District IND IND Use of Property Vacant Truck Repair & Truck Parts Store Acreage 2.066 2.066 Location: Legal Description: Lots 1 through 6, inclusive, Block 97, Okeechobee, according to the plat thereof, as recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee, Florida. AND Lots 1 through 6, inclusive, Block 102, Okeechobee, according to the plat thereof, as recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee, Florida. The applicant is requesting a Small Scale Amendment to the Future Land Use Map from Single Family to Industrial to allow an auto repair shop on the property. Based on the size of the property (2.066 acres), this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Plan. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Industrial Zoning District: IND Existing Land Use: Vacant East: Future Land Use Map Classification: Public Facilities Zoning District: PUB Existing Land Use: County buildings South: Future Land Use Map Classification: Single Family Staff Report • Small -Scale Comprehensive Plan Amendment Applicant: Noel Samms Petition No. 06-002-SSA Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: IND Vacant Industrial IND Railroad Tracks The subject property is currently vacant. The uses that are allowed on the property are industrial in nature. Although the subject property, as well as most of the surrounding properties are vacant, the applicant intends to construct an automobile repair and parts store. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The applicant's request is consistent with the Industrial Future Land Use Category as described by the Comprehensive Plan. B. Concurrency of Adequate Public Facilities Public utilities should be available to the site. The proposed use will require a site plan review before its construction to ensure concurrency. C. Compatibility with Adjacent and Nearby Land Uses The proposed use should not adversely impact the surrounding area. During the site plan review phase, the TRC will determine what type of buffering, if any, would be required to screen the use. D. Compliance with Specific Standards of the Plan. The proposed request appears to be consistent with the Comprehensive Plan. All standards will have to be met with regard to floor area ratios and maximum impervious surfaces. Based on the above analysis, Staff recommends approval of the request to allow Small Scale Future Land Use Map Amendment from Single Family to Industrial. Maps or Diagrams Submitted by: 2 Staff Report Small -Scale Comprehensive Plan Amendment James G. LaRue, AICP January 12, 2006 Applicant: Noel Samms Petition No. 06-002-SSA January 24, 2006 - Land 3of4 • is IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No. Agency Member McCoy motioned to recommend to City Council to approve Comprehensive Plan, 06-001-SSA, continued. Future Land Use Map Amendment Application 06-001-SSA, to change the land use designation from Multi -Family to Commercial; seconded by Agency Member Whidden. VOTE BURROUGHS-YEA HOOVER - YEA FELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. B. Comprehensive Plan, Future Land Use Map Amendment Application No. Jim LaRue of LaRue Planning and Management, City Planning Consultant, briefly described the Staff 06-002-SSA. Consider a recommendation to the City Council, to change Report as follows: the land use designation for Lots 1-6, Block 102 and Lots 1-6, Block 97, City of Okeechobee, from Single Family to Industrial. The subject property Planning Staff Report Summary: The subject property is currently vacant. The uses that are allowed is located in the 400 and 500 Blocks of Northwest 7' Avenue. The on the property are industrial in nature. Although the subject property, as well as most of the application was submitted by Noel Samms on behalf of the property owner surrounding properties are vacant, the applicant intends to construct an automobile repair and parts store. PM Plus Auto/Truck Repair, Inc. Planning Staff Report Comprehensive Plan Analysis: (A) The applicant's request is consistent with the Industrial Future Land Use Category as described by the Comprehensive Plan. (B) Public utilities should be available to the site. The proposed use will require a site plan review before its construction to ensure concurrency. (C) The proposed use should not adversely impact the surrounding area. During the site plan review phase, the TRC will determine what type of buffering, if any, would be required to screen the use. (D) The proposed request appears to be consistent with the Comprehensive Plan. All standards will have to be met with regard to floor area ratios and maximum impervious surfaces. Agency Member Maxwell questioned whether the surrounding streets were improved. Jim LaRue, City Planning Consultant, explained that the streets are not currently improved; however, the developer would be required to develop them. Mr. LaRue explained that this would be reviewed during the Site Plan Review process. January 24, 2006 - Land - Paee 4 of 4 IVA 1� New Business, continued. B. Comprehensive Plan, Future Land Use Map Amendment Application No. Orlando Rodriguez, property owner, explained that he felt that this site was appropriate for Industrial 06-002-SSA, continued. 11 Future Land Use due to the location. He stated that a residential development would not be desirable for this property since it is situated between the jail and the railroad tracks. 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. Katrina Cook, Secretary William Ledferd, Chairperson There was no public comment, nor any Agency discussion. Agency Member McCoy motioned to recommend to City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application 06-002-SSA, to change the land use designation from Single Family to Industrial; seconded by Agency Member Whidden. VOTE BURROUGHS-YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:42 p.m. -) f _�u The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 FILE Cuey (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 WTU News, a DAILY Newspaper published at Okeechobee, to CO"W% � X1I(IFTIN6 4 - Okeechobee County, Florida; that the attached copy of advertise .;ORaNA110E ment, being a ilijL€A$E`TAIO NOTICE Drat the (tiy codncN of the l9ty of a v «i ;iuesdayy February 72006 aC00 p m zo�as soon ssibb, at c NaY'S${SE�3rd Aye 1F1 COildnlat'a PUBLIC < and:then `atte�taconside%'iMat ��e��o("Oie• o�q Ordinance,irtu 110:.980:1 aLDIxAxCE OF THE CRY'11ONEt9;lIQ8EEflDRIDA AMTHE"CITY I �.,�,U -���� oKEECH08EE CONPRExExSIfI�PW1,rDRaNpICE Na''6� A8 AMENDS` I REV181NG THE FUTURE LAND'USE MAP ON,iCCERTIIRI TRACT DF W10�MNI / 1 TPANTICULARLYA DESCRIBED NEREIN t1lOM'8iNSL� fAMI1X T61NDU / IDL (IxD1. Pf�vIo1N�"FOR INCL11810dORDINANCEfi t to PURE LAND USE IN THE COM F ENSWE PLAN PROYID I EFFECTIYEDATE.f � �� in the matter of The ordinance ns,inp Smal ScRale ,.,five BFann Fuhxe FanGry (SFl to In nsbral (IND) for vacant property bcateG in Dne 100 and 3U0 Blooks of Poor .ilh NowWolinprol�. Legal desdiplion 1 L.cls,t; to 6 of Block 97 and Lots t to 6 of" JoCk 102, otOYeechobel Plat Book 5, Page 5 Public Records. Okaechobie xCountya anfls approximalety 2066 0. AN of the ppu��c are anncouraged to aDe nd and per8cipate in said hniariig: The proposed OnNtnarnce may be inspected n its entirety by members of ihe,prdi licln.,ihe Office of the C Clerk during regular. business hours, Mon -Fri, in the 19th Judicial District of the Circuit Court of Okeechobee Sam 4: eza fer,hd�ays; v County, Florida, was published in said newspaper in the issues PEASE T NOTILE AND BE ADVISED thatiF any person desires to appeal airy dr asbn made by thetity cobra wilh' rasped to any maD« considwed at ftds of hearing,,such.hderested person,wN need.a record of:fhe:pnoceedknlis, and.f« such purpose may need,to enspre a verbatim record of ffre%proceedngs Is made, J whkh record includes the to," ony and evMe a upon h the appeal is to' fie based CIty'Clarktepes are for the sole purpose.,0 b `ator Acnal records al 1lraccordanc`e with the An" cansvwhfn,Disabi Acli(BDAp and Florida Sfatiiles 286G26, persons with disabilities riding specli(-accammbddo n to participate In this proceeding should contact lane Gamiotea no later than two (2) wor" days pine to Dre Rroceeding at 8 , 763-3372 X215; N hearing «voice impaked, call 1_CM_ Ic 9AA.Ii \-1 ... Al7. CCM�/TTVI Affiarit further says that the said Okeechobee News is 111505ON 1/27l0. V a newspaper published at Okeechobee, in said Okeechobee i 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 advertisement for publication in the said newspaper. � „t Swom to d ubscrib ;ore me this % day f A.D. 20 O b a R. Br Nota Public, State of Florida at Large :_off" "'. a?$ lPi3 �* 2_1 r l tr- Cu mission #DD272110' Ek inns: 'an 17, 2LG3 ys � _. • • ExHIBIT 3 FEBRUARY 7, 2005 ORDINANCE NO. 931 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 MULTIPLE FAMILY (RMF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owners, E. David and Judy Hester, of the property more particularly described hereafter, has heretofore filed Petition No. 06-001-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.344 acre(s) from Residential Multiple Family (RMF) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before 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 Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 9 AND 10 OF BLOCK 143, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Multiple Family (RMF) Zoning District to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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 upon its passage. INTRODUCED for first reading and set for final public hearing on this 7tn day of Februarv, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 218t day of Februarv, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 r r -1 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: i D 05 Petition No. Ou-ool_ Fee Paid: Jurisdiction: 4- C 1st Hearing: a y i 2nd Hearing: a% + �/ a �1, Publication Dates: 4 1140 PU d, , Notices Mailed: Uniform Land Use Application Rezone • Special Ezcention • Variance ✓ Name of property owner(s): JE Dzk V -a A Owner mailing address: a CA WIG 3 � Av FL i _ P': P Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C A 1 1_ ` � / Name of contact person (state relationship): �f �" �GS1� 1.�71� N T J1Contact person daytime hone(s): E3 - ✓ Property address / directions to property: i-o l S ci g'i K i l4 3 Q Indicate current use of property: Y La }- Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): b Approximate number of acres:(], 3 Is property in a platted subdivision? NO p R Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: ND 0 PI' Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: p E R Is a sale subject to this application being granted? l o Y Is the subject parcel your total holding at that location? If not, describe the remaining or intended uses: 'R1 a r iL - siK i y3 bee Describe adjoining landuses/ improvements to the North: South: N� �nU East: 1 l,� k,,Le West:��G1 Existing zoning: ',mf, Future Land Use classification: i m1, Actions Requested: 06 Rezone Special Exception (_) Variance L]rParcel Identification Number: 3 - i 00 l b ^- 01 d ^ C)oq 0 !q Lo ( 4` Uniform Land Use Application (rev. 1/03) Page 1 of 2 Current zoning classification: SME Requested zoning classification: R What is your desired permitted use under the proposed classification: E: ue- o, If granted, will the new zone be contiguous with a like zone? E eS Is a Special Exception necessary for your intended use? Variance?� Describe the Special Exception sought: S P E, C I- Provide specific LDR ordinance citation: A-:: L: Are there other similar uses in the area? Is so, describe: E X., C E . Why would granting your request be in the best interest of the area and residents? P T I If business, briefly describe nature including number of employees, hours, noise generation and activities to be .; N_ conducted outside of a building: Describe Variance sought: v' A R Describe physical characteristic of property that makes variance necessary: A'' N' C Did you cause or contribute to the characteristic? Is so, describe: E' What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 STATE iARM • RANGE ° City Of Okeechobee !Oct: Request for Rezoning Owners: E. David & Judy M. Hester Lots 9-10 Block 143 Request to Rezone to Heavy Commercial. Reason for Request: Intend to build new State Farm Insurance Office. Surrounding Property zoned Heavy Commercial. 3t(U 9 flr.UiQ0 08 4 e. ba e . q Pateea in Number 3-15-37-35-0010-01430-0090 Gmtee #1 TTM. cnntee #2 TRH Doaf(Mrrtary Stamps paid in the amount of $ 140.00 Gass C Inta� Tax paid in the amount Of $ Sharon Robertson, Clerk of Cir_cuit Court Okeectlo a urriy d �►. D.C. Date: 3 - U -Q 9 Warranty Deed This Indenture, Made this 3rd day of March,19 9 9 A D. , Between ZORA COKER TROUT f/k/a ZORA COKER by JACKSON C. COKER, her Attorney -in -Fact, ofthecountyof Okeechobee , stateof Florida ,grantor, and E. DAVID RESTER and JUDY M. HESTER, his wife, whoseaddrescis:204 N.E. 3rd Avenue, Okeechobee, Florida 34972 of the County of Okeechobee I stateof Florida ,grantees. W1tneSSeth that the GRANTOR, for and in consideration of the sum of — — — — — — — — — — — — — - - - - - - - - - - TEN & NO/ 10 0 ($10.0 0) - - - - - - - - - - DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEES and GRAMMES' heirs and assigns forever, the following described land, situate, lying and being in the county of Okeechobee stateof Florida towit Lots 9 and 10, Block 143, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. The property herein conveyed DOES NOT constitute the HOMESTEAD of Grantor. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1998. H EDFOR RL01,I) OKEECHOBEE G �_ FL. 3200'3fi 99KAR -k AM 10= 16 SHARON ROBERTSON CLERK OF CIRCUIT COURT and the grantor do" hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness WheTeofj the grantor has hereunto set his hand and seV the day and year first Pave written. Sipled. seal an delivere presen 4% (sew) EVA MAE CONELY 1,iORA COKER TROUT by JACKSON Witness V C. COKER, her Attorney -in -Fact / P.O. Address 2201 &W. 28th street villa #40, Okeechobee, FL 34YM TpO�M76�4 L I I Wi ess TSTATE OF FLORIDA COUNTY OF OKEECHOBEE U The foregoing instrument was acknowledged before me this 3rd day of March , 1999 by R JACKSON C. COKER as Attorney —in —Fact for ZORA COKER TROUT, N Twho is personally known to me. O lhie Dacumeni Prepared By `•�+`+" EVA MAE WNB_Y TOM W.ODMMY,of ;w MYCpAW8 ON►CC5W167 NM Y & OOMMY, PA- DPW. Dwanbat r4 aaoo EVA MAE CONELY W7 N. W.2ND STWW 8aabd Am Natar Pubic Unlymho NOTARY PUBLIC 7, 0XHBCl10HBE� AFL. 34M ® My commission Expires: 12 / 12 / 00 /_J\.t .Ill\I.JUf W W chobee County Property Appraiser ated:11/14/2005 Parcel ID:3-15-37-35-0010-01430-0090 Owner & Property Info Owner's Name HESTER E DAVID & JUDY M Site Address 0 NE 2ND ST, Okeechobee Mailing Address 204 NE 3RD AVENUE OKEECHOBEE, FL 349720000 Brief Legal CITY OF OKEECHOBEE LOTS 9 & 10 BLOCK 143 Use Desc. (code) VACANT (000000) Neighborhood 518658.00 Tax District 150 UD Codes Market Area 40 Total Land Area 0.344 ACRES Property & Assessment Values Mkt Land Value cnt: (1) $35,700.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $35,700.00 Sales History I dgk: 1 lfl- 2005 Proposed Values Property Card I GIS Map Print Search Result: 1 of 1 ke 110 AhwaftbW I<< Prev 1 of 0 Next >> I Just Value $35,700.00 Class Value $0.00 Assessed Value $35,700.00 Exempt Value $0.00 Total Taxable Value $35,700.00 Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 3/3/1999 419/8 WD V U 03 $20,000.00 6/30/1964 82/535 WD V Q $0.00 5/13/1958 23/133 WD V Q $0.00 Building Characteristics Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value NONE Extra Features & Out Buildings Code j Desc Year Bit Value I Units I Dims Condition (% Good) NONE Land Breakdown Lnd Code Desc I Units Adjustments Eff Rate Lnd Value 067NP9 NO SIDE ST (MKT) 1 100.000 FF - (.344AC) 1.00/1.00/1.00/1.00 1 $357.00 $35,700.00 Okeechobee County Property Appraiser Last Updated: 11/14/2005 Search Result: 1 of 1 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A Q I Contact Us http://www.okeechobeepa.com/gis/D_SearchResults.asp 11 /28/2005 BOUNDARY S, 'EY LOCATED IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY, FLORIDA LOT 5 LOT 4 LOT 3 LOT 2 = DESCRIPTION Lots 9 and 10, Block 143, OKEECHOBEE, according to the plat thereof as recorded in Plat Book 5, 0 Page 5, Public Records of Okeechobee County, Florida. I I z SURVEYORS NOTES Subject to easements and restrictions of record. Lands described hereon not abstracted by this office. Underground utilities and foundations are not shown. The description shown hereon was provided by the client and/or his/her agent. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. The surveyor did not interview adjoining land owners for unrecorded deeds or easements. Elevations, if any, are based upon assumed datum. Lands shown hereon are in Flood Zone C, as scaled from FEMA FIRM panel no. 120177 0200B, dated 2-4-81. Address: NE 2ND STREET, OKEECHOBEE„ FL SURVEYORS CERTIFICATE I hereby certify that the attached sketch of survey of the hereon described property is true and correct to the best of my knowledge and belief as surveyed in the field under my direct supervision. Subject to the qualifications noted hereon. R James R. Almond, PSM Professional Surveyor —Mapper Florida Registration No. LS5081 15' ALLEY BLOCK 14" OKEECHOBE PLAT BOOK 5, F OKEECHOBEE CI FLORIDA ZIP IOf w W Cn �rw QY 1� LLI U cc 1� MM wLL I zi I _ S89`57'41 * W _ 235.08' SURVEY DATE: DECEMBER 14, 2005 1 INCH THIS BAR IS INTENDED TO MEASURE 1 INCH LONG AT THE SCALE SHOWN. IF BAR MEASURES DIFFERENTLY ENLARGE OR REDUCE ACCORDINGLY. Inn An' r0 o ASPHALT PAVEMENT Ln I O O N ol� i� NE 2ND STREET FORMERLY EIGHTH STREET LEGEND M = MEASURED DIMENSION D = DEED DIMENSION P = PLAT DIMENSION CM CONCRETE MONUMENT IR IRON ROD IRC IRON ROD WITH CAP WM WATER METER WV = WATER WE UP = UTILITY POLE SPRINT = SPRINT BOX L - ARC LENGTH A - CENTRAL ANGLE R = RADIUS DISTANCE CH = CHORD SF = SQUARE FEET GAL = GALLON FD FOUND PB = PLAT BOOK PG PAGE ORB = OFFICIAL RECORDS BOOK RAD = RADIAL NR = NOT RADIAL Iz rm o) M ,A m =1 D U D mICm ,M Azm IC 1m I - S89'57'41"W 135.02' PREPARED FOR: DAVID E. HESTER AND JUDY M. NESTER 1375 Jan Street, Suite 206 Fort MM Florida 33901-2845 : Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a,att.net Staff Report Applicant/Owner: David & Judy Hester Petition No. 06-001 R Staff Report Rezoning Request General Information Applicant: David & Judy Hester. Petition No.06-001-R Applicant/Owner: David & Judy Hester Applicant Address: 204 NE 3rd Avenue Okeechobee, F1 34972-2961 Applicant Phone Number: 863-763-5561 Contact Person David Hester Location: 0 NE 2nd Street Legal Description: Lots 9 and 10, Block 143, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Request: The applicant is requesting that the zoning for the subject property be changed from RMF to CHV to allow the property to be developed as an office building. Adjacent Future Land Use Map Classifications and Zoning Districts. North: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Vacant, Therapy Center, MXD Residential East: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Title Company Office South: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Beauty parlor & Bank West: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: State Farm Insurance Office Staff Report • Oicant: David & Judy Hester. Rezoning Request Petition No.06-001-R Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. Office uses are permitted within the Commercial Future Land Use Category as described in the Future Land Use Element of the City's Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Section 90-282(1) of the Code allows office uses within the CHV Zoning District. 3. The proposed use will not have an adverse effect on the public interest. No, the use will not adversely affect 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. Surrounding uses, as shown under the subheading "Adjacent Future Land Use Map Classifications and Zoning Districts", show compatibility with uses allowed under the CHV Zoning District. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. If approved, the CHV Zoning and office use will not be a deterrent to the improvement or development of adjacent properties. 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 If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use should not impact density patterns nor public facilities. The area can accommodate the proposed use. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 2 Staff Report Rezoning Request Applicant: David & Judy Hester. Petition No.06-001-R The proposed use will not create any inordinate traffic congestion or flooding, nor will it impact public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use should be able to develop within the existing City Code requirements and will not be inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. If granted, the proposed change will not bestow any special privileges to the owner as contrasted with the public welfare. Summary and Conclusions Prior to Certification The subject property is within an area which was originally intended for multi -family uses. However, because of the demand for more commercial uses and this block's proximity to US 441 and SR 70, plus its transition to Commercial is simple and necessary in this area of the City. Landscape Regulations The proposed use will be subject to the landscaping buffer requirements of the City's Code. Recommendation Staff recommends approval of the request to allow rezoning from RMF to CHV permitting the applicant to construct an office building. Submitted by: James G. LaRue, AICP Planning Consultant January 2006 3 January 24, 2006 - Planning Board - Page 2 of 4 IV. NEW BUSINESS. A. Rezoning Petition No. 06-001-R. Consider a recommendation to the City Council to rezone Lots 9 and 10, Block 143, City of Okeechobee from Residential Multiple Family (RMF) to Heavy Commercial (CHV). The subject property is located within the 300 Block of Northeast 2nd Street. E. David and Judy Hester are the property owners and applicants. Jim LaRue of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Request: The applicant is requesting that the zoning for the subject property be changed from RMF to CHV to allow the property to be developed as an office building. Planning Staff Report Analysis: (A) Office uses are permitted within the Commercial Future Land Use Category as described in the Future Land Use Element of the City's Plan. (B) Section 90-282(1) of the Code allows office uses within the CHV Zoning District. (C) The use will note adversely affect the public interest. (D) Surrounding uses, as shown under the subheading "Adjacent Future Land Use Map Classifications and Zoning Districts", show compatibility with uses allowed under the CHV Zoning District. (E) If approved, the CHV Zoning and office use will not be a deterrent to the improvement or development of adjacent properties. (F) If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. (G) The proposed use should not impact density patterns nor public facilities. The area can accommodate the proposed use. (IT) The proposed use will not create any inordinate traffic congestion or flooding, nor will it impact public safety. (I) The proposed use should be able to develop within the existing City Code requirements and will not be inordinately burdened by unnecessary restrictions. (J) If granted, the proposed change will not bestow any special privileges to the owner as contrasted with the public welfare. Planning Staff Report Summary and Conclusions Prior to Certification: The subject property is within an area which was originally intended for multi -family uses. However, because of the demand for more commercial uses and this block's proximity to US 441 and SR 70, plus its transition to Commercial is simple and necessary in this area of the City. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RMF to CHV permitting the applicant to construct an office building. Board Member McCoy explained that the surrounding properties are currently zoned Heavy Commercial (CHV) and that it may be more appropriate to stay with Heavy Commercial (CHV) instead of spot zoning with a lighter zoning district in the middle of the block. 2006 - Planning Board - Page 3 of 4 IV. NEW BUSINESS, CONTINUED. A. Rezoning Petition No. 06-001-R, continued. Board Member Maxwell questioned Jim LaRue whether Light Commercial (CLT) would permit the proposed use. Jim LaRue, City Planning Consultant, explained that the proposed use would be permitted within all of the commercial zoning designations, Commercial Professional Office (CPO), Light Commercial (CLT), and Heavy Commercial (CHV). Board Member Maxwell stated that he Board may want to consider a lighter zoning district than Heavy Commercial (CHV), as it may benefit the existing residential properties to the Southwest. Mr. Maxwell explained that he thought the normal trend was to zone the property with the lightest zoning district that allows the proposed use. Board Member McCoy explained that it would be more appropriate to keep the zoning district consistent with the contiguous properties, which would be Heavy Commercial (CHV). Chairperson Ledferd recommended that the Board recommend the rezoning application to Heavy Commercial (CHV) and allow the City Council to determine the whether the zoning district should be lighter than the requested Heavy Commercial. There were no pubic comments, nor any further discussion from the Board. Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 06- 001-R, changing the zoning from Residential Multiple Family (RMF) to Heavy Commercial (CHV); seconded by Board Member Whidden. VOTE BURROUGHS - YEA HOOVER - YEA FELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. • • EXHIBIT 4 FEBRUARv 7, 2006 ORDINANCE NO. 932 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 93, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 78) from Williamson Cattle Company of Okeechobee for the closing of a certain alleyway as described in this ordinance to utilize the entire property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by 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: Section One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A fifteen foot wide alley running East to West, between Lots 1 to 6, and 7 to 12 within Block 93, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida; together with Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 71h day of March. 2006, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 71h day of February, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk Page 1 of 2 James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 71" day of March, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION •.Waa. Is Fr, vNC, ay cwv names vy the wora --anar- vow signatures are required (for example: Jim and Jane Doe). I ATURE OF PPLICANT: doz'd &ftw OL awl t P nt name: g,.,4.,V w i Ira"so.1i SIGNATURE OF CO -APPLICANT: OPM Print Name: The foregoing instrument was acknowledged before me this r 31.E by =YQ.u.1L l�{�i111 Ccr�zsm-i 1 �P. and e (applicant) , who is rsonally known to a or (co -applicant) - who produced �� P as identification and who did (did not) take oath. - L 1 , Notary Public, Commission No. My CommleaiM p0354199 My ri o r(Name of Notary typed, printed or stamped) P e:2 -E t� urn na �c►c���4 Svc P_ I 37 08-' 1 1 1 y-o it Authorized Signature Typed Name & Title Phone No. Date kuthorized Signature ►uthorized Signature Requl Typed Name & Title /ZpAt R3�� 1Y.e6 o r Phone No, /IENNe*T4 Typed Name & Title Phone ,No. G A2�.�Wlrt. C Io.& r �- �e,1 iP4 A/(eti - /✓o O M-7-0,f` bate ((- y o� Date r Typed Name'& Titfe Phone No. Date . .,� '✓i ,o•Lcs�vn. ee Subdivisions: SG 174C . Y kuthorized Sign a Typed Name & Title Phone No. Date 0 0 Pae e, 03 Authorized Signature Date Authorized Signature Date Do mie Rdoertscn, Public Works Director Typed Name & Title Oscar Bermudez, city Engineer Typed Name & Title Authorized Signature Date DmV Levis, Chief of Police - Typed Name & Title Herb Smith, Fire Lief Typed Name & Title APPLICATION APPROVED BY: LANE GA 10'rEA, CITY CLERK Typed Name & Title DATE Revised 413103-LG L-1 Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: January 3, 2006 Re: Alley - Closing application from Williamson Cattle Company. The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley. We are aware of the critical drainage problems on City of Okeechobee especially on NW section of the City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future development of the area is presented. It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning any Alleys. THIS INSTRUMENT PREPARED BY AND RETURN TO: FILE NUN 20-04006395 SHARON ROFERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 04/08/2004 0:12%13 Ail RECORDING FEES 6.00 DEED DOC 4►200.00 RECORDED BY M Anue. Lake Okeechobee Title Inc 210 NW Park Street Okeechobee, Fl 34972 Property Appraisers Parcel Identification (Folio) Number: 3-15-37-35-001040930-0010, 0040 & 0070 SPACE ABOVE THIS LINE FOR RECORDING DATA 4 et THIS. WARRANTY DEED, made the (v day of April, 2004 by: and Theresa Cardone, Tenant in Common, An unremarried widow as to a 1/81h interest, Therese Cardone, Tenant in Common as Trustee of the Arthur J. Cardone Revocable Trust dated July 31, 1990, as to a 1/8th interest, Robert Cardone Tenant in common as to a 1/8`" interest and Colette Cardone, Tenant in common as to a 1/8th interest, all of whose address is 306 NW.5th Street, Okeechobee, FL 34972 herein called the grantors, to Williamson Cattle Company, A Florida Corporation whose post office address Is P. O. Box 248, Okeechobee,. FL 34973, hereinafter called the Grantee: -(Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 00/1001S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OK.EECHOBEE County, State of Florida, viz.: Lots 1, 2, 4, 5, and 6 and 7 through 12 inclusive, Block 93, TOWN OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 10, public records of Okeechobee County, Florida. Subject to easements, restrictions and reservations of record and to taxes, for the year 2004 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, .the same in feesimple forever. AND, the grantors hereby covenant with said granteethat the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant -the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that.said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. IN WITNESS WHEREOF, the said grantors have signed and .sealed these presents the day and year first above written. Signed, sealed and delivered in. the presence of: Witness #1 Signature Witness #1 Printed Name Wi�ss;T2 Signature Witness #2 Printed Name STATE OF FLORIDA COUNTY OF Theresa Cardone, Trustee o"theAr hur J. Cardone Revocable Trust dated ;J�u�131,.1990 Tberes r ✓ Robert Cardone Colette Cardone The foregoing instrument was acknowledged before me this day of April, 2004 by Theresa Cardone, Robert Cardone and Colette Cardone who are personally known to me or have produced �1I L.:jg.. as1dentification. SEAL KaMens Robertson + My Gammisaion OD173838 t gxplres Dooember 23, 2006 Notary Public Printed Notary Name My Commission Expires: 111111111111.11111111111111111Mstill sills uu1lilt) lilt nu 1 y, P LE NUM 20040136-39 o- SHARON ROBERTSONt.CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYI, FL . RECORDED 04/08/2004 09:12:13 AN RECORDING FEES 6.00 DEtD DOC 4r200:00 RECORDED BY hl Anuez THIS INSTRUMENT PREPARED BY AND RETURN TO: Lake Okeechobee Title Inc 210 NW Park Street Okeechobee, FI 34972 Property Appraisers Parcel Identification (Folio) Number: 3-15-37-35-0010-00930-0010, 0040 & 0070 SPACE ABOVE THIS LINE FOR RECORDING DAT THIS WARRANTY DEED,, made the 7th, day of April, 2004 by Frank Altobello, Trustee of the Frank Altobellow Charitable Remainder Trust V dated March 9, 2004 whose address is 306 NW 5th Street, Okeechobee, FL 34972 herein called the grantors, to Williamson Cattle Company, A Florida Corporation whose post office address is P. O: Box 248, Okeechobee, FL 34973, hereinafter called the Grantee: (Wherever used herein the. terms "grantor" and "grantee" include all the parties to this, instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 001100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto. the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: An.undivided %, interest in the following property. Lots 1, 2, 4, 5, and 6 and 7 through 12 inclusive, Block 93, TOWN OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 10, public records of Okeechobee County, Florida. Subject to easements, restrictions and reservations of record and to taxes for the year 2004 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same In fee simple forever, AND, the grantors hereby covenant with said grantee that the grantors are lawfully seized of said land In fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances; except taxes accruing subsequent to December 31, 2003. IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of. - Witness #1 Signature Witness #1 Printed Name; Witness. #2 Signature L A r2 t e- C cL Z3,J yz 11 e.s H GI Witness #2 Printed.Name STATE OF FLORIDA COUNTY OF OKEECHOBEE ,F a k Altobello, Trustee The foregoing instrument was acknowledged before me this 7th day of April, 2004 by Frank Altobello who is personally known to me or has produced as identification. SEAL Notary Public =4::: BURDESHAW � � �-f �ISSION # Dp 050157 Printed Notary Name My Commission Expires.: September 25, 2005ll Budget Notary fieMcee FOJ FILE NUM 20CI5009723 OR UK 40562 PG Oa64 SHARON ROBERTSONT CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 05/06/2005 03:31:51 PH RECORDING FEES 19.50 DEED DOC 220.50 RECORDED BY H Anu=_z BOARD OF TRUSTEES -OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM DEED Deed Number 31392 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA is by Section 253.03, Florida Statutes, authorized and empowered to convey certain lands under the terms and conditions set forth herein; and, WHEREAS, said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA did approve this transfer on the 2nd day of February, 2005. NOW, THEREFORE, the undersigned BOARD OF TRUSTEES OF THE INTERNAL .IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as "GRANTOR", under authority of Section 253.03, Florida Statutes, for and in consideration of the sum of THIRTY-ONE THOUSAND FIVE HUNDRED AND N01100 DOLLARS ($31,500.00) and other good and valuable considerations, to it in hand paid by WILLIAMSON CATTLE COMPANY, a Florida corporation; whose address is P.O. Box 248, Okeechobee, Florida 34973 as "GRANTEE," has remised, released, conveyed and quitclaimed, and by these presents does remise, release, convey and quitclaim unto GRANTEE, its successors, heirs and assigns forever, all the right, title, interest, claim and demand which GRANTOR may have in and to the following described lands in Okeechobee County, Florida, to -wit: Lots 3, Block 93, Okeechobee City, a subdivision in Sections 15, 16, 21 and 22, Township 37 South of Range 35 East, according to, the plat thereof recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida (formerly recorded in Plat Book 2, Page 17, St. Lucie County, Florida, public records), less and except all sovereignty lands. STATE LANDS INVENTORY NUMBER: 47-1026.0 OR t•e 00562 PG 0265 TO HAVE AND TO HOLD the above -described lands subject to all outstanding easements, reservations and other interests. SAVING AND RESERVING unto GRANTOR and its successors an undivided three -fourths interest in, and title in and to an undivided three -fourths interest in, all the phosphate, mineral, and metals that are or may be in, on, or under the said land and an undivided one-half interest in all the petroleum that is or may be in, on, or under the said land with the privilege to mine and develop the same. IN TESTIMONY WHEREOF, the members of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA have hereunto subscribed their names and have caused the official seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA to �jbJ�.}je�� hereunto affixed in the City of Tallahassee, Florida, on this L day of ' ►J AJ4�l—, A.D. 200E�. (SEAL) BOARD OF TRUSTEES OF THE 101srBUSH INTERNALe IMPROVEMENT VERNOR T�uiP)ID OF THE STATE dl3 FLOR - rt `''• ` CHARLEE CRIST 4-> ATTORNEY GENERAL Ln -a - orn;_ ApP20VE'�Y TO FORM AND LI, TOM GALLAGHE CHIEF FINANCIAL OFFICER Y' ­', aL DEP At orney CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA This instrument prepared by: Jill Stoyshich Department of Environmental Protection Bureau of Public Lands Administration Division of State Lands 39oo commonwealth Blvd. MS 130 Tallahassee, Florida 32399-3000 Page 2 of 2 Deed No. 31392 FILE NUS'! 200g0097:23 OFF EK-- 00562 PG 0264 SHARON ROSERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYP FL RECORDED 03/0612M 03:31*1 Pn RECORDING FEES 1E.50 DEED DOC 220.50 RECORDED BY 11 Muzz BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM DEED Deed Number 31392 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORTMA is by Section 253.03, Florida Statutes, authorized and arnpowered to convey certain lands under the terms and conditions set forth herein; and, WHEREAS, said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF JFLORIDA did approve this. transfer oil the 2" day of February, 2005. NOW, THEREFORE, the undersigned BOARD OF TR13ST8ES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as 'GRANTOR', under authority of Section 253.03, Florida Statutes, for and in consideration of the sum of THIRTY-ONE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($31,500.00) and other good and valuable considerations, to it in hand paid by WILLIAMSON CATTLE COMPANY, a Florida corporation, whose address is P.O. Box 246, Okeechobee, Florida 34973 as "GRANTEE.' has remised, released, conveyed and quitclaimed; .and by these presents does remise, releabe, convey and quitclaim unto GRANTEE, its successors, heirs and assigns forever, all the right, title, interest, claim and demand which GRANTOR may have in and to the - following described lands in Okeechobee County, Florida, to -wit: Lots.3, Block 93, Okeechobee City, a subdivision in Sections 15, 16, 21 and 22, Township 31 South of Range 35 East, according to the.piat thereof recorded in Plat Hook 1, Page 10, public Records of Okeechobee County, Florida (formerly recorded in Plat Book 2, Page 17, St. Lucie County, Florida, public records), less and. except all sovereignty lands. STATEiLANDS INVENTORY NUM$ER: 47-2026.0 i 'UO/ LU/ LUU:J 11 . 1 J OOJ ( OJ1 OL Cl �cl OFZ BK OOS62 PG 4265 TO HAVE AND TO BOLD the above- described, lands subject to all outstanding easements, reservations and other interests. SAVING AND RESERVING unto GRANTOR and its successors an undivided three -fourths interest in, and title in and to an undivided three -fourths interest in, all the phosphate, mineral, and metals that are or may be in, on, or under the said land and an undivided one-half interest in all the petroleum that is or may be in, on, or under the said sand with the privilege to mine and develop the same. IN TEST224ONY WHEREOF, the members of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA have hereunto subscribed their names and have caused the official seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA to be. hereunto affixed in the City of Tallahassee, Florida, on this 1- day .of /�, A.D. 200J. (SEAL) BOARD OF TRUSTEES OF THE BUSH nTMW21, IMPROVEMENT OVERNOR T}ZL�SQ`O OF THE STATE CHARLIE CRIST _ ? r u .> �i. ATTORNEY GENERAL 4n 1 JQ"` f' APPh.' TO FORM AND TOM GALLAGHE CHIEF FINANCIAL OFFICER By. a&, 1_A Yiaxn DEP At orney CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Thi9 inStr me= p;epsred Dye Jill Stayahich Departmeat.ct Environmental precection DUrcau of Public Lends Administration D'iviaion of State Lando 2900 Commomealt'a Blvd. M 130 Tallahassee, Florida 32399-3000 Page 2 of 2 Dined No: 31392 I p1E 3 ifl_ P411' %77I76`t'Ic�I21� 9 123[++il NW inTH ALLEY CLOSING APPLICA ON NO.78 SUBJECT ALLEY SURROUNDING CLOSED ALLEYS SURROUNDING CLOSED STREETS csx 0 t O 2 a 5 6 3 z t 2 5 6 7 23 456 7 654 32 i'31 6t 1 1 7 11109EI7 2 3 TRANSPORTATION INC. RAILROAD iTe oil va �m�a NW 4TH ST (100') _ oaaa0o maoa aamooa :m�a a �ia0o o111111111111�o 111moo 1wm a 111111 lilt -it, ammciE lilt -it, lilt -it, IIIIII �ooao lolle aooax mao'mi o�0ao ooaaao lilt -ill 1111im 1111111 lilt -ill moo eon u� pan noa o�6E 6EC� a:6E0 �C�1 EdlIW� 0 EXHIBIT 5 FEBRUARY 7, 2006 EXHIBIT 5 WILL BE PROVIDED AT THE MEETING SECOND AMENDMENT TO FRANCHISE AGREEMENT THIS SECOND AMENDMENT TO FRANCHISE AGREEMENT is made this day of 2005 by and between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ("City") and WASTE MANAGEMENT INC. OF FLORIDA, successor by merger to L.P. Sanitation, Inc., ("Contractor"). WITNESSETH WHEREAS, the City and Contractor are parties to that certain Franchise Agreement dated July 7,1987, which provides for solid waste collection services with the City boundaries (the "Franchise Agreement"); and WHEREAS, the Franchise Agreement has been previously extended and modified; and WHEREAS, the parties desire to extend the term and make additional modifications to the Franchise Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Term of Franchise. Section 2 of the Franchise Agreement is deleted and replaced with the following: "Subject to the termination rights of the City, this franchise shall remain in full force and effect until September 30, 2009; provided furthermore, this franchise may thereafter be renewed for consecutive four (4) year periods upon the same terms, conditions and limitations imposed hereby, Contractor shall give notice to the City of an intent to extend this Franchise Agreement at the end of the term, which notice shall be delivered to the City by Certified Mail, Return Receipt Requested, not later than one hundred and eighty (180) days prior to termination. For purposes of such notification, the City's address shall be: City Clerk, City of Okeechobee, 55 Southeast 3=d Avenue, Okeechobee, Florida 34974." 2. Residential Bulk Pickup. Section 3(a) is amended by deleting the last two sentences of the paragraph and replacing same with the following: "Contractor shall collect up to 15 cubic yards of bulk items once per week on a day scheduled by Contractor. All bulk items may include white goods, yard waste, tree trimmings, household items and the like, and shall be of a size and weight so as to be handled by Contractor's "clam truck", but shall not include whole trees, or refuse left as the result of commercial development or land clearing operations. Bulk materials in excess of 15 cubic yards shall be collected by the Contractor provided that the resident pays Contractor for collection of the excess at $11.00 per cubic yard; such payment shall be made at the time the Contractor provides the service. The Contractor shall not be responsible for nor have an obligation to collect, transport or dispose of debris or other waste material from a hurricane, severe storm or other natural or man-made disaster unless the City enters into a written agreement with Contractor specifying the terms and compensation for such services. " 3. Cart Program. Section 3(b) is amended by adding the following to the end of the paragraph: "Residents shall place all solid waste in the 96 gallon cart. Contractor will pick up overage left next to the cart in a reasonable amount, but reserves the discretion to require additional carts if it believes a customer is regularly abusing this policy by leaving large amounts of items out of the cart. Residents who desire an additional cart may obtain same at a cost of $10 per month paid one year in advance. Residents are limited to one additional cart. Recipients of additional carts may discontinue the use of the cart, but shall forfeit and waive any unused advanced payment. Should a recipient of an additional cart who discontinues such service subsequently request resumption, within a twelve (12) month period of the additional cart, in addition to the one year's prepayment, such resident shall pay a delivery charge of $50.00." 4. Annual Review. Section 29 is deleted and replaced with the following: "Commencing on the anniversary date of this Agreement, and each year thereafter, the rates shall be adjusted utilizing the indexing procedures provided for herein. This adjustment shall apply to all services, including residential, commercial/industrial and roll -off accounts, excluding disposal fees. The rates shall be adjusted on the basis of one hundred (100%) percent of any increase or decrease in the cost of living as reported in the Consumer Price Index for all urban consumers (U. S. City average-1967 = 100, all items, Bureau of Labor Statistics of the United States Department of Labor), (the "Index"). The new rates shall not exceed a cap of 7.5% in any year and shall be calculated multiplying the existing rates by a fraction, the numerator of which shall be the index for the month of May prior to the respective anniversary date and the denominator of which shall be the index for the month of May, in the previous year. If the Index becomes unavailable, a reasonable substitute, as prepared by the United States Department of Labor or comparable federal agency shall be used. Contractor shall provide the City with prior written notice of any rate adjustment due to the change in the Index with a detailed calculation of how the new rates were determined together with documentation evidencing the adjustment. The Contractor shall also identify the amount and the reason for the rate adjustment on the next invoice sent to the customers after the rate adjustment. Further, WMIF shall, on a quarterly basis, adjust the applicable rate charged to reflect any change in the cost of diesel fuel as determined by reference to the Energy Information Administration of the US Department of Energy ("EIA/DOE") website that reports average prices of diesel fuel for the "Lower Atlantic" United States. This adjustment to diesel costs shall apply only to commercial/industrial and roll -off accounts, excluding disposal fees. The link is as follows http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp. After determining the average • price of diesel fuel from the aforesaid website ("EIA/DOE fuel cost"), the corresponding fuel cost modifier will be calculated pursuant to the following table: DOE WM DOE WM DOE WM DOE WM avg. at Surcharge avg. at Surcharge avg. at Surcharge avg. at Surcharge Least % Least % Least % Least % 0.95 0.00 1.47 2.60 1.99 5.20 2.51 7.80 0.96 0.05 1.48 2.65 2.00 5.25 2.52 7.85 0.97 0.10 1.49 2.70 2.01 5.30 2.53 7.90 0.98 0.15 1.50 2.75 2.02 5.35 2.54 7.95 0.99 0.20 1.51 2.80 2.03 5.40 2.55 8.00 1.00 0.25 1.52 2.85 2.04 5.45 2.56 8.05 1.01 0.30 1.53 2.90 2.05 5.50 2.57 8.10 1.02 0.35 1.54 2.95 2.06 5.55 2.58 8.15 1.03 0.40 1.55 3.00 2.07 5.60 2.59 8.20 1.04 0.45 1.56 3.05- 2.08 5.65 2.60 8.25 1.05 0.50 1.57 3.10 2.09 5.70 2.61 8.30 1.06 0.55 1.58 3.15 2.10 5.75 2.62 8.35 1.07 0.60 1.59 3.20 2.11 5.80 2.63 8.40 1.08 0.65 1.60 3.25 2.12 5.85 2.64 8.45 1.09 0.70 1.61 3.30 2.13 5.90 2.65 8.50 1.10 0.75 1.62 3.35 2.14 5.95 2.66 8.55 1.11 0.80 1.63 3.40 2.15 6.00 2.67 8.60 1.12 0.85 1.64 3.45 2.16 6.05 2.68 8.65 1.13 0.90 1.65 3.50 2.17 6.10 2.69 8.70 1.14 1.15 0.95 1.66 3.55 2.18 6.15 2.70 8.75 1.16 1.00 1.05 1.67 3.60 2.19 6.20 2.71 8.80 1.17 1.10 1.68 1.69 3.65 3.70 2.20 6.25 2.72 8.85 1.18 1.15 1.70 3.75 2.21 2.22 6.30 6.35 2.73 8.90 1.19 1.20 1.71 3.80 2.23 6.40 2.74 2.75 8.95 9.00 1.20 1.21 1.25 1.72 3.85 2.24 6.45 2.76 9.05 1.22 1.30 1.35 1.73 3.90 2.25 6.50 2.77 9.10 1.23 1.40 1.74 1.75 3.95 4.00 2.26 6.55 2.78 9.15 1.24 1.45 1.76 4.05 2.27 2.28 6.60 6.65 2.79 9.20 1.25 1.50 1.77 4.10 2.29 6.70 2.80 2.81 9.25 9.30 1.26 1.27 1.55 1.60 1.78 4.15 2.30 6.75 2.82 9.35 1.28 1.65 1.79 1.80 4.20 4.25 2.31 6.80 2.83 9.40 1.29 1.70 1.81 4.30 2.32 2.33 6.85 6.90 2.84 9.45 1.30 1.75 1.82 4.35 2.34 6.95 2.85 2.86 9.50 9.55 1.31 1.32 1.80 1.85 1.83 4.40 2.35 7.00 2.87 9.60 1.33 1.90 1.84 1.85 4.45 4.50 2.36 7.05 2.88 9.65 1.34 1.95 1.86 4.55 2.37 2.38 7.10 7.15 2.89 9.70 1.35 2.00 1.87 4.60 2.39 7.20 2.90 2.91 9.75 9.80 1.36 1.37 2.05 2.10 1.88 4.65 2.40 7.25 2.92 9.85 1.38 2.15 1.89 1.90 4.70 4.75 2.41 7.30 2.93 9.90 1.39 2.20 1.91 4.80 2.42 2.43 7.35 7.40 2.94 9.95 1 An -) 'yC 1 !1'1 A OC ^1 AA 7 AC 2.95 9 AG 10.00 1A AC 1.41 2.30 1.93 4.90 2.45 7.50 2.97 10.10 1.42 2.35 1.94 4.95 2.46 7.55 17.60 2.98 10.15 1 1.43 2.40 1.95 5.00 2.47 2.99 10.20 1.44 2.45 1.96 5.05 2.48 7.65 3.00 10.25 1.45 2.50 1.97 5.10 2.49 7.70 1.46 2.55 1.98 5.15 2.50 7.75 In addition, the Contractor may petition the City to increase its fees based upon unusual increases in the cost of doing business or a change in law or regulation ("Change in Law"). The adjustments provided for in this paragraph shall only apply to such residential or commercial rates to the extent the increase of cost in doing business or change in law specifically applies to such service(s). A request for increase for Change in Law may be made at any time such change occurs. A request for change in cost of doing business may be made not more than once each year. Any such request shall be supported by full documentation establishing the increase in operating costs and the reasons therefore. The City shall be entitled to audit the Contractor's financial and operational records directly related to the Operator's request in order to verify the increase in costs and the reasons therefore. "Change in Law" means (I) the adoption, promulgation, or modification after the date of this Agreement of any law, regulation, order, statute, ordinance, or rule that was not adopted, promulgated, or modified on or before the date of this Agreement, or (ii) the imposition of any material conditions in connection with the issuance, renewal, or modification of any permit, license, or approval after the date of this Agreement, which in the case of either (I) or (II) establishes requirements affecting the Contractor's operation under this Agreement more burdensome than the requirements that are applicable to Contractor and in effect as of the date of this Agreement. A change in any federal, State, county, or other tax law or workers compensation law shall not be a Change of Law. However, in the event that a federal, state or local entity imposes a fee, charge or tax after the date of this Agreement that applies to Contractor's operations per se, such fee, charge or tax shall be treated as a Change in Law. The Contractor's request must be made within one hundred twenty (120) days of the occurrence of such change or cost, and shall contain reasonable proof and justification to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further information within its possession as may be reasonably necessary in making its determination. The City shall approve or deny the request, in whole or in part, within sixty- (60) days of receipt of the request and all other additional information required by the City. The City shall make a reasonable determination based upon the documentation provided in reaching its decision." 5. Force Majeure. New Section 31 is added: The performance of this Agreement may be suspended and the obligations of either party excused in the event of and during the period that such performance is prevented or delayed by a force majeure occurrence. "Force Majeure" shall mean: (a) An act of God, including hurricanes, tornadoes, landslides, lightning, earthquakes, fire, flood, explosion, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot, or civil disturbance; (b) The order or judgment of any federal, State, or local court, administrative agency or governmental body (excluding decisions of federal courts interpreting federal tax laws, and decisions of State courts interpreting State tax laws) if it is not also the result of the willful misconduct or negligent action or inaction of the party relying thereon or of a third party for whom the party relying thereon is responsible; provided that neither the contesting in good faith of any such order or judgment nor the failure to so contest shall constitute or be construed as a measure of willful misconduct or negligent action or inaction of such party; (c) The failure to issue, suspension, termination, interruption, denial, or failure of renewal of any permit or approval essential to the operation of the Contractor; (d) A Change in Law. (e) The failure of any appropriate federal, State, County, or local public agency or private utility cr similar entity having operational jurisdiction in the area in which the Landfill is located, to provide and maintain utilities, services, water and sewer lines, transportation or similar function and power transmission lines which are required for and essential to the operation of the Landfill; (f) The condemnation, taking, seizure, involuntary conversion, or requisition of title to or use of the designated facility or any material portion or part thereof taken by the action of any federal, State or local governmental agency or authorities. As a condition precedent to the right to claim excuse of performance, the party experiencing a Force Majeure event shall: (a) Promptly notify the other party verbally; and (b) As soon as practical, but in no event more than ten (10) days thereafter, prepare and deliver to the other party a written notice with a written description of (1) the commencement of the Force Majeure event, (2) its estimated duration impact on the party's obligations, under this Agreement. Whenever a Force Majeure event shall occur, the parties shall, as quickly as possible, to the extent reasonable, eliminate the cause and resume performance under this Agreement. Additionally, either party shall provide prompt Notice to the other of the cessation of a Force Majeure event. (c) Prior to any suspension of performance by Contractor under this agreement, and upon receipt of the written notice, the parties shall meet to discuss and resolve the proposed force majeure event, and if unable to do so, the City Okeechobee reserves the absolute right, without recourse, to forthwith retain other service providers in the interim period, without relieving or releasing Contractor of each and every obligation arising under the franchise and amendments thereto. 6. Scheme A. Schedule A (Rates) is deleted and replaced with new Schedule A annexed hereto. 7. All provisions of the Agreement not specifically modified herein shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned set their hands and seals this day of __ 2006. Attest: Attest: _ Cif Clerk APPROVED FOR LEGAL SUFFICIENCY: City Attorney Waste Management Inc. of Florida by: City of Okeechobee, Florida by: Mayor • EXtIIBIT 6 FEBRUARY 7, 2006 RESOLUTION NO. 06-02 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE RATE SCHEDULE FOR SOLID WASTE COLLECTION WITHIN THE CITY OF OKEECHOBEE, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 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 that: SECTION 1. RATES. Pursuant to Section 42-52 of the Code of Ordinance of the City of Okeechobee, the charges and rates for Solid Waste Collection shall be as follows: Residential Rates shall be fifteen dollars and ninety-five cents ($15.95) per month per living unit for solid waste collection. One 95-gallon mobile cart serviced one time per week (includes one time per week recycling and yard waste collection plus bulk collection up to 15 cubic yards per week). 2. Commercial Rates per month for business solid waste collection only shall be as follows: Pick-ups/Week> Container Size 1 x/ wk 2 x/ wk 3 x/ wk 4 x/ wk 5 x/ wk wk 7 x/ wk 2 CUBIC YARD Collection 61.52 112.14 155.42 198.69 241.98 285.27 328.56 Disposal (1) 16.71 33.43 50.1 66.85 83.56 100.28 116.99 Total 78.23 145.57 202.55 265.54 325.54 385.55 1 445.55 3 CUBIC YARD Collection 85.12 148.23 189.59 220.63 266.02 311.41 356.80 Disposal (1) 25.06 50.11 75.16 100.23 125.30 150.35 175.41 Total 110.18 198.34 264.75 320.86 391.32 461.76 532.21 4 CUBIC YARD Collection 100.91 167.53 199.76 249.28 290.16 333.33 376.50 Disposal (1) 33.41 66.81 100.21 133.61 167.02 200.42 233.83 Total 134.32 234.34 299.97 382.89 457.18 533.75 610.33 6 CUBIC YARD Collection 133.07 197.50 262.14 322.76 378.53 434.31 490.09 Disposal (1) 50.11 100.23 150.35 200.47 250.58 300.69 350.82 Total 183.18 297.73 412.49 523.23 629.11 735.00 840.91 8 CUBIC YARD Collection (1) 150.42 218.31 276.29 334.29 390.07 446.94 503.82 Disposal 66.82 133.63 200.46 267.27 334.09 400.91 467.72 Total 217.24 351.94 476.75 1 601.51 724.16 847.85 1971.54 Optional Services: Casters: $ 7.00 per month maintenance Roll -out: $ 7.00 per month per roll -out, 1 x per week $ per month for each additional day per week Mouthwash $ 10.00 per month 1 x per week Any additional or special waste collection request over and above contracted service rate can be negotiated between the customer and contractor. Page 1 of 2 (1) The Disposal portion of the above rates is to be calculated as the product or the current per -ton Disposal Charge at the Chambers Berman Road Landfill (27.76) and the Weight Per Cubic Yard Factor as set forth below: PROPOSER'S proposed Weight Per Cubic Yard Factor is: 139.3 pounds per cubic yard. SECTION 2. RATE ADJUSTMENTS. The present Franchise, as amended, for Solid Waste Collection within the City of Okeechobee, effective January 2, 2006 to September 30, 2009 is subject to periodic rate adjustments for consumer price index (CPI) cost of living, diesel fuel surcharge, and adjustments necessary due to changes in law or regulatory action. Such rate adjustments may affect Residential and/or Commercial Rates over those set out in Section One, which will not occur without public notice and hearing. SECTION 3. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 4. EFFECTIVE DATE. The charges and rate established by this Resolution shall take effect on the day of ,20 INTRODUCED AND ADOPTED in regular session this 71h day of February. 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 • ExnIBrr 7 FEBRUARY 7, 2006 RESOLUTION NO. 06-03 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE USE OF GOLF CARTS ON CERTAIN CITY STREETS OR RIGHTS -OF -WAY PURSUANT TO THE PROVISIONS OF FLORIDA STATUTE 316.212; PROVIDING FOR COMPLIANCE WITH STATUTE; PROVIDING FOR PLACEMENT OF SIGNS, PROVIDING FOR LIMITATION OF LIABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the residents of the area of the City of Okeechobee known as Blue Heron have petitioned the City Council to consider designating the principle roadway through their subdivision as suitable for golf cart use, which may be permitted under Florida Statute 316.212; and WHEREAS, the community of Blue Heron is primarily a golf community with an 18 hole course; is situated where the city streets terminate at Taylor Creek; has no through traffic; does not adjoin or abut any roads in the state highway system; has a limited volume of traffic consisting nearly entirely of its own residents; has a posted speed limit of 25 m.p.h.; and WHEREAS, the City Staff, including Okeechobee Police Department have examined the area in light of the mandates of Florida Statute 316.212, and determined that golf cart traffic would be suitable in the area, and that such carts, so long as the requirements of Florida Statute 316.212 are adhered to, could operate safely in the area; and WHEREAS, the City reserves the right to rescind this resolution in its discretion should it be determined that unforeseen problems arise that makes it appear such golf cart traffic is detrimental to the City, its residents, or the inhabitants of Blue Heron; 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: THAT the City of Okeechobee, Florida herewith determines the City street or rights - of -way in the Blue Heron subdivision is an area where golf carts may be safely operated, so long as the carts and operators comply with all requirements of Florida Statutes 316.212. THAT golf carts may be used on the following city streets: Southeast 9"' Drive, Southeast 14"' Court and Southeast 15"' Street located in the Oaks Subdivision of Blue Heron; also, Southeast 9"' Avenue, South from the Oaks, Southeast 21 st Street and Southeast 23`d Street in Blue Heron. THAT such golf cart use shall not commence until the Homeowners Association at Blue Heron purchase the appropriate warning signs as required by statute, and such signs are posted according to the guidelines of the City Public Works Department. THAT the use of golf carts on these designated streets shall be in strict compliance with all the requirements of Florida Statute 316.212. Page 1 of 2 THAT any violation of statute is subject to the issuance of a civil infraction issued by law enforcement. THAT by this determination and resolution the City of Okeechobee expressly retains its rights and obligations under sovereign immunity laws of the State of Florida, and assumes no liability to whomever should elect to operate a golf cart on the designated streets and rights -of -way set out herein. INTRODUCED AND ADOPTED by the City of Okeechobee, this 7`�' day of February, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 1* • EXtIIBIT 8 FEBRUARY 7, 2006 INTER OFFICE °15MEMORANDUM TO: Mayor and Council Members FROM: Lane Gamiotea, City Clerk SUBJECT: Board of Trustees - City General Employees/OUA Pension Fund DATE: January 24, 2006 Please consider ratifying the appointment of Mrs. Robin Brock to the City General Employee's and OUA Pension Fund, Board of Trustees, term ending December 31, 2006. The Pension Board received a letter of resignation from Katrina Cook, who serves as the Employee Representative on the Board. A vote was held and Mrs. Brock was elected by the members of the City. Her initial appointmentwill be to complete the rest of Mrs. Cook's term, afterwhich she will be considered for a full 2-year term. Should you have any questions please do not hesitate to contact me. Thank you. • • EXHIBIT 9 FEBRUMW ?, 2006 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3rd Avenue Okeechobee, Florida 34974 NAME: Bradley G. Goodbread ADDRESS: 12575 Hwy 70 East, Okeechobee, Florida, 34972 TELEPHONE: (863) 634-2121 FAX: (863) 467-2900 MEETING: REGULAR X SPECIAL O WORKSHOP O DATE:02/07/2006 PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: 20 % Reduction of Parking Request for an existing commercial building located at 200 SW 3rd Street - Block 174, Lots 5 & 6 PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: Attended December 21, 2005 and January 25, 2006 Technical Review Committee Meetings - received a recommendation for approval from the TRC for the 20% Reduction of Parking Request PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: Approval of the 20% Reduction of Parking Request PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: A copy of the application for parking reduction, copy of the site plan, and a copy of the minutes from the January 25, 2006 Technical Review Committee Meeting have been provided. IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: No presentation - applicant or representative will be available to answer any questions that you may have. SIGNED BY: Referred to City Council from TRC DATE: 01/30/06 a City of Okeechobee 55 Southeast Td Avenue Okeechobee, Florida 34974 Phone: (863) 763-3372 Fax (863) 763-1686 Application for Site Plan Review Name of Project: C, Q PA-It44 Applicant:&AaAEV, (- roperty Owner: 64STP"e-7-M114 Description of project including all proposed uses: _(Jot ReA uCfion O-C a(!V K.k nq �-C%,LkS+ ` Number/description of phases: Location of/Directions to the project: oC) 5 h1 3 rO :fir{e-f (Al- V-7 Lj Existing improvements on property: /'META-t_ &,11Lb1t3 js I-lo � t oc)r = 4,ocao S( Is proposed use different from existing or prior use? i V Yes) (No) (__N/A) Total Land area in square feet: Existing impervious surface: 5,2A Le square feet Additional impervious surface or acres: 0. -3 2-E; acres square feet acres Proposed total impervious surface 5,MGsquare feet acres Source of Potable Water: OfA A % of site % of site % of site Method of sewage disposal: "y`ANK Current zoning: &" Current Future Land Use: Parcel identification number: 15 - _37" 35 - 00 1 D - a 1.740 - DV 5 0 Application for Site Plan Review Page 2 Name of project: gLt ?&?_44� _'1-7 Applicant: I'grmj Good br_p_� Address: 125-75 -/ 70 1=- oL<eb-ee, tZ '3'4q7 z Phone: Fax: '96S--4I0- 2-iDc� Other phone: Contact Person: �r c .4j� mac Address: 1 Z-67 5 AL--=-Y 70 G %2 345'7 2- Phone: pia ��v�`�-f 7- Fax: ItO - L4La-7 -?-q0D Other phone: Property Owner: &%► S 12 JCT70&� 4- liL QGLph�t� - (__ Address: 0-6-PS Ht.6 \170 _ G" 6) kb--e--e---, i�Z. `3447 2- Phone: <1103 - 7to--:; _2--!�'Z Fax: 110_�'> - q 6-7 _ ?_q (D . Engineer: Address: Phone: Fax: Surveyor: G W two S Sy @hw/, Address: c2oo SW 3,--4 -5--- Phone: Fax: FOUND NAIL & DISK 5178" CONCRETE CATCH BASIN FOUND 5/8" IRON ROD & CAP 5178" N 90 00'00 " 100. 03 (C) 100 (P) GRASS20. o' AREA J ' 20.2" 20.0' o� � CONCRE i 7.8 ui 35.0' O 0 I WA TER VAL VE Q (� r p1 0 Q) 0 4U. S P A C 1 8 SPACES 1,000 SF OFFICE CONCRETE I 24.0 —� SPACE 1 Q 1,000 SF WAREHOUSEMETAL o NBUILDING 43 y 8.0' N LOT 6 LOT 5 N- BLOCK 174 BLOCK 174 SPACE 1 SEP77C 1,000 SF TANK N Q o Q e STUDIO TOTAL PARCEL CONTAINS o o �, -*a 33 ACRES o o SPACE 1 0 1,000 SF VACANT CONCRETE 7.8' 40.Y 2 SPACES G0� CONCRETE GRASS 15.0' AREA FOUND 5/8" IRON ROD & CAP 5178" WPP N 89 5928" W 100.06'(C) 100'(P) WA TER METER WPP FOUND 5/8" IRON ROD & CAP 5178" LOT 4 BLOCK fN 4' 5' FOUND 5/8" IRON ROD & CAP 5178" W ALLEY CONCRETE 1 "=10' SCALE WA TER PARKING REQUIREMENTS 4,000 SQUARE FEET AT 1 SPACE PER 300 SQUARE FEET = 13 SPACES 10 SPACES PROVIDED 20% PARKING REDUCTION- 3 SPACES 48 HOURS BEFORE DIGGING CAU 70LL FREE 1-800-432 4770 SUVS TK STAX ONE CALL OF FLOiRAX ANG N��99�8s i 0 w 2 WUiti6 U�WK2�6� 2 2 a 2006 - TECHNICAL REvIEW COMMITTEE - PAGE 2 OF 8 III. New Business, continued. A. G4 Office Park I, continued. Chairperson Whitehall requested comments from each of the Committee Members. Oscar Bermudez, City Engineer, explained that under the Land Development Regulation's it clearly states that new owners must bring non -conforming property up to code as much as possible. He suggested that the two parking spaces located along the side of the building be moved due to safety concerns. Herb Smith, Fire Chief, explained that the he had concerns with the two parking spaces as well. He stated that the parking space closest to the building could be dangerous if there was a fire. He recommended moving both parking spaces so that fire safety equipment could gain access to the rear of the building in a safe manner. There were no comments from John Hayford, Okeechobee Utility Authority, or Donnie Robertson, Public Works Director. Steve Dobbs, Project Engineer, explained that there is a two way drive on the East side of the building; however, there is not access on the North side of the building to gain access to the rear of the building. Brad Goodbread, Property Owner, stated that the entire building needed thirteen (13) parking spaces. He explained that he currently has ten (10) parking spaces on -site and five (5) parking spaces available on -street. Brian Whitehall, City Administrator, explained that Mr. Goodbread had to provide 13 off-street parking spaces. He stated that the City considers a parking reduction based on whether there is on - street parking available. Two spaces are in a bad location and the City is recommending that they be moved to the rear of the building. Mr. Whitehall explained that the City requires all parking areas be improved but is trying to work with Mr. Goodbread to get this situation resolved. Mr. Whitehall questioned whether the septic field encroached on the vacant grassy area. Mr. Goodbread responded no, the septic tank and drain field were both located within the fenced area. IV. New Business, continued. B. G4 Office Park I, continued. ANUARY 25, 2006 - Technical Review Committee - Page 3 of 8 Brian Whitehall, City Administrator, explained that there was plenty of room to create the needed parking lot in the vacant grassy area. He also reiterated that the two unsafe parking spaces should be moved to the rear of the building. Brad Goodbread, Property Owner, stated that pouring concrete to create a parking lot costs a lot of money and he doesn't want to spend the money for the improvements if a parking reduction could be granted. Oscar Bermudez, City Engineer, explained to Mr. Goodbread that the City has been very lenient with him. He stated that the City had strict codes regarding new property owners bringing the non- conforming properties up to code. He continued by explaining that the City has not required Mr. Goodbread to address drainage requirements for the property. Brian Whitehall, City Administrator, explained that he recommended that Mr. Goodbread improve the area where the two parking spaces will be moved to; however, it would be okay to leave the area between the existing and new improvements to be pervious surface. There was no further discussion from the Committee, nor any further comments from the Project Engineer or Applicant. Herb Smith motioned to recommend that the City Council approve a twenty percent reduction in parking for the G4 Office Park I Project based on the following: (1) applicant being required to move the two unsafe parking spaces to the Southeast corner of the property (2) applicant being required to ensure that the parking spaces to be constructed to meet City Regulations; seconded by Oscar Bermudez. VOTE BERMUDEZ - YEA ROBERTSON - YEA SMITH - YEA WHITEHALL - YEA MOTION CARRIED. E� EXHIBIT 10 F>EBRUARY 7, 2006 City of Okeechobee 55 Southeast 3'd Avenue # Okeechobee, Florida 34974 * 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. -TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant I' � Q Today's Date _ � ak Address 1�and Phone(s) Name of Property Owner Address Phones) Street to be Closed Dates to be Closed Time(s) to be Closed Too Nf\ Qk 2,_0 e uus ( q%oo Ofk !bo Z 14 -0(50 Purpose of Closing L I°1k - u Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) swClean-up is required within 24 hours. ma'No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. NwNo donations can be requested if any type of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. OwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. 1wDumpsters and port -a -lets are required when closing the street for more than 3 hours. ib PUBLIC WORKS DEPARTMENT POLICE DEPARTMENT Signature ADMINISTRATION Auth c CLERK'S OFFICE re Donnie Robertson, Public Works Director Date Typed Name & Title . �J 31" `2 6 Denny Davis, Chief of Police Date Typed Name & Title Occupational and/or State License Verified: d Brian.whiteha.11 city'A D to i yped Name & Title r zw �fc GY / Lane Gamiotea CityClerk A thorized Signature Date `� Typed Name & Title APPROVEDIDENIED BY COUNCIL ON: Revised 8/05/03 • C Date: '/QJou City of Okeechobee General Services Department 55 SE P Avenue Okeechobee, FL 34974 Re: signatures of all residents/property owners for temporary street closing Dear Katrina, Here are the signatures that are required for the temporary street closing for Okeechobee Main Street's 4`h Annual BBQ Event to be held on March P & 4t`, 2006: Visiting Nurse Association Approve L/ Object Signature/Title: Date: (The other property owners involved with the temporary street closing are: American Legion Post #64 and the City of Okeechobee.) If you need any additional information, please give me a call. Sincerely, Lydia Jean V 11 iams Okeechobee Main Street Executive Director 777 ~ ~.~~M~--`AX,L-� I lst Quarter Update February 7, 2006 0 What We Done? IOU u�c,ea : *WAV N.;a;.� Developed and successfully implemented a Farmer's Market in Downtown Okeechobee • In conjunction with the Sheriff's department, and Chamber of Commerce, Main Street successfully sponsored a Halloween Celebration in the downtown park. • Main Street working with the City of Okeechobee, sponsored a downtown Christmas celebration in conjunction with the tree lighting ceremony. • Published our first quarterly newsletter • Main Street conducted an open house on the newly renovated building which also provides space for three other Okeechobee businesses. ■ Main Street developed and sponsored the 111 annual Christmas Window Decorating Contest for downtown business. Winner was Rustic Ranch. • Main Street's Mural Program sponsored a Young Artist Mural Contest. The winners will be participating in the initial painting of a mural using OKMS Mural Guidelines. • Developed draft of a historic preservation ordinance. Presentation to City and County will take place in second quarter of 2006 • Re -submitted a grant to restore the Old Jail. This grant submittal was for $35K to develop a site plan ■ Completed a final visioning grant of the downtown area. Results of work has been placed on the Main Street website. The design committee will be taking this information to develop a site plan for the downtown area. • Submitted a Graffiti ordinance for consideration to the County y 1 J � What"s j %4 Developing project plans for several community events: • Halloween Celebration • Chili Cook -off in Fall of 2006 • A whole hog summer BBQ contest • Christmas celebration • Adult "Okeechobee Idol" Karaoke • Additional Mural project for the downtown area State Conference in February 2006 Submittal of additional grants to assist with the CRA District as it relates to a TIF district Final proposal presentation of a Historic Preservation Ordinance for both City and County Develop a site plan for the area south of the old courthouse ( old teen town and elections office) 11:22 PM 02/06/06 Okeechobee Main Street, Inc. Cash Basis Pr fI t & I_ O WOO October through December 2005 Oct - Dec 05 Ordinary Income/Expense Income 4300 • Green Market Fees 4400 - Bank Credit 4500 Contributed support 4572 • Xmas Festival Booth Charge 4570 - Disbursements from Grant Fund 4551 BBO Entry Fee 4554 • Vending Fee 4552 • Clean -Up Fees 4551 • BBO Entry Fee - Other Total 4551 - B80 Entry Fee 4560 • Pledges 4550 BBO Sponsorship 4540 • Local government grants Total 4500 • Contributed support 4600 • Membership 4602 • Friend 4604 • Medium Business 4606 - Small Business Total 4600 • Membership Total Income Expense 8700 - Green Market 8712 • Advertising 8711 • Portable Toilets 8710-Signage Total 8700 • Green Market 6999 Uncategorized Expenses 8900 BBO Competition Expenses 8915 • Travel Expense - Hotel, etc 8914 • Marketing Exp - T-shirt, apron Total 8900 • 880 Competition Expenses 8500 - Misc expenses 8520 - Insurance - non -employee 8530 Membership dues - organization 8590 - Other expenses Total 8500 - Misc expenses 8100 Non -personnel expenses 8181 Web Hosting Service 8170 • Printing & copying 8110 - Supplies Total 8100 - Non -personnel expenses 8200 Occupancy expenses 8270 Security System Expense 8210 • Rent, parking, other occupancy 8220 • Utilities 8260 Telephone & telecommunications Total 8200 - Occupancy expenses 7200 • Salaries & related expenses 7210 • Officers & directors salaries 7250 Payroll taxes Total 7200 Salaries & related expenses 8300 - Travel & meetings expenses 8310 • Travel Total 8300 - Travel & meetings expenses Total Expense @01 600.00 16.82 260.00 6,206.65 35.00 20.00 375.00 430.00 160.00 750.00 10,000.00 17,806.65 325.00 1,250.00 2,300.00 3,875.00 22,298.47 240.00 39.27 299.18 578.45 100.00 117.08 1,270.00 1,387.08 215.39 195.00 92.96 503.35 119.40 330.94 1,662.82 2,113.16 38.00 912.00 377.41 183.36 1,510.77 6,859.98 1,752.01 8,611.99 424.63 424.63 15,229.43 w Page 1 of 1 02/07/2006 04:56 FAX 8637638404 ADRON FENCE IZO02/002 0 a ADRON FENCE COMPANY 2762 N.W. 4�ST. OKEECHOBEE, FL. 34972 1-800-282-5172 1-863-763-6255 FAX 1-863-763-8404 FEBRUARY 77f , 2006 CITY COUNCIL MEMBERS: CITY OF OKEECHOBEE ADRON FENCE COMPANY EXPECTATIONS, FROM THE BEGINNING, WAS TO PURCHASE 3 LOTS TOTALLING 10.3 ACRES, AROUND A FUTURE CUL-DE-SAC. IT'S OUR UNDERSTANDING THE CITY WOULD LIKE TO ELIMINATE THE CUL-DE-SACAND TO SELL TIIEPROPERTYASACREAGE TOADRON FENCE CO. THIS ABANDBONMENT OF THE CUL-DE-SAC WOULD INCREASE OUR INITIAL EXPENSE HA VING TO PROVIDE UTILITIES TO LOTS 18 AND 19 FROM THE MAIN THOROUGHFARE, AT THIS POINT ADRON FENCE IS NOT !N THE POSITION TO PURCHASE TIIEADDITIONAL ACREAGEAND INCUR THEADDITIONAL UTILITYINFRASTRUCTURE EXXPENCES: AFTER DISCUSSING THIS MATTER WITH MR. WHITEIIALL, A SUGGESTION WAS MADE TO RE -PLOT 17 THRU 20, HAVING LOT 17 ACQUIRE THE ADDITIONAL ACREAGE OF THE CUL- DE-&4C WE FEEL THAT THIS SUGGESTION WOULD ELIMINATE THE CUL-DE-SACAND KEEP ADRON FENCE COMPANY'S EXPENSES ONLYSLIGHTLYHIGHER THAN ORIGINALLY EXPECTED. SINCERELY, ADRON FENCE CO. INC ROSSA, CHAMBERS, PRESIDENT TRAVISJ- CHAMBERS, VICE PRESIDENT 0 0 d�,skhzt4 at rxee-il&, Information pertaining to residency requirements for surrounding law enforcement agencies. Sheriff Officers Okeechobee Co. 863-763-3117 Osceola Co. 407-348-2222 Palm Beach Co. 561-688-3000 Indian River Co. 772-669-6700 Martin Co. 772-220-7000 Orange Co. 407-254-7000 Highland Co. 863-402-7200 Glades Co. 863-675-1144 St. Lucie Co. 772-462-7300 Brevard Co. 321-264-5201 Hendry Co. 863-674-4060 Police Departments Fort. Pierce PD 772-461-3820 Sebastian PD 772-589-5233 Vero Beach PD 772-978-4600 Kissimmee PD 407-847-0176 Clewiston PD 863-983-1474 Sebring PD 863-471-5108 Avon Park PD 863-453-6622 No residency requirement No residency requirement No residency requirement No residency requirement No residency requirement No residency requirement Yes `Must live within Highlands County" No residency requirement No residency requirement No residency requirement No residency requirement No residency requirement No residency requirement No residency requirement No residency requirement No residency requirement No residency requirement No residency requirement FORM 8B MEMORANDUM OF VOTIN17CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME W�1Ilarx,�, n MAILING ADDRESS r��- CITY COUNTY DATE ON WHICH VOTE OCCURRED NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: (n V / �`&&Y_ Cc7p MY POSITON IS: ELECTIVE ❑ 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 conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special, private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, 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 conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 813 - EFF. 1/2000 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 THE MEETING: • 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 responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, I, hU►x IJ lxX aNA , hereby disclose that on Jf-Y' ((62ti ,4 / 20 : (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, inured to the special gain or loss of my relative, inured to the special gain or loss of (�h,LLQ. �iC�yl(. �5f/tp �_ >z by whom 1 am retained; or inured to the special gain or loss of which 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 as follows: P 'I'l-cl J.- A70 131466ki� T 11 Date Filed I�,U►- Signavire NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 112000 PAGE 2