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2007-01-16 Regular MeetingCITY OF OKEECHOBEE JANUARY 16) 2007 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: January 16, 2007 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Dr. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams 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 - Mayor. A. Present Bob Peterson with a ten-year Longevity Service Award. Mayor Kirk called the January 16, 2007 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Dr. Edward Weiss of Church of Our Saviour; 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 Absent Present 695 PAGE 1 OF 9 Mayor Kirk presented a Longevity Service Award to Major Robert Peterson, for his 10 years of employment with the City of Okeechobee. He was presented with a city seal jacket and certificate, which read: "In appreciation for your 10- years of hard work and dedication, December 27, 1996 through December 27, 2006. Service is the lifeblood of any organization. Everything flows from and is nourished by it. The City and your fellow citizens have benefitted greatly by your performance." Major Peterson thanked the Mayor and Council. 696 JANUARY 16, 2007 - REGULAR MEETING - PAGE 2 OF 9 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Present Oscar Bermudez with a Five -Year Longevity Service Mayor Kirk presented a Longevity Service Award to City Engineer Oscar Bermudez, for his five years of employment Award. with the City of Okeechobee. He was presented with a personalized cross pen and certificate, which read: "In appreciate for your five years of hard work and dedication, January 2, 2002 through January 2, 2007. Service is the lifeblood of any organization. Everything flows from and is nourished by it. The City and your fellow citizens have benefitted greatly by your performance." Mr. Bermudez thanked the Mayor and Council. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of III Council Member Watford moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the January 2, 2007 Regular Meeting. January 2, 2007 Regular Meeting; seconded by Council Member L. Williams. There was no discussion on this item. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. VI. WARRANT REGISTERS - City Administrator. A. Motion to approve the December 2006 Warrant Register: Council Member Watford moved to approve the December 2006 Warrant Register in the amounts: General Fund, four hundred eighty-six thousand, seven hundred eighty-three dollars and fifty-two cents ($486,783.52); Public Facilities General Fund ................................ $486,783.52 Improvement Fund, one hundred ten thousand, six hundred forty-four dollars and twenty-eight cents ($110,644.28); Public Facilities Improvement Fund ............... $110,644.28 Community Development Block Grant Fund, six thousand one hundred ninety-seven dollars ($6,197.00); seconded Community Development Block Grant Fund .......... $6,197.00 11 by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. New Business item F, Exhibit 9 was added. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title only, and adopt proposed Ordinance No. 965 regarding Cycle 12006 Comprehensive Plan Amendments - City Planning Consultant (Exhibit 1). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 965 by title only 2. a) Motion to adopt proposed Ordinance No. 965. b) Public comments and discussion. c) Vote on motion. .JANUARY 16, 2007 - REGULAR MEETING - PAGE 3 OF 9 6 9 7 MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 P.M. At the December 5, 2006 meeting proposed Ordinance No. 965 was read by title only, a motion and second to adopt were put on the floor as well. This ordinance is regarding Comprehensive Plan Amendments. The Planning Staff requested a motion to delay the final approval until January 16, 2007 in order to obtain a final definitive decision by the Department of Community Affairs. Unfortunately, the State Plans Review Officer has since resigned and a new Plans Review Officer has been assigned to the City. Mr. LaRue is requesting the City again postpone the final approval until he can obtain the final decision. The two applicants, Mr. Chris Close and Mr. Craig Hackl, who submitted Large Scale Future Land Use Map Amendments have been informed of this delay as well. Council Member Watford moved to delay consideration of final approval of proposed Ordinance No 965 until February 20, 2007, seconded by Council Member Markham. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 968 amending Council Member Watford moved to read by title only, proposed Ordinance No. 968 amending the General Employees' the General Employees' and OUA Employees' Pension Plan to and OUA Employees' Pension Plan to allow elected officials to opt out of the fund; seconded by Council Member L. allow elected officials to opt out of the fund - General Employees' Williams. Pension Board, Lane Gamiotea (Exhibit 2). b) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 968 by title only Attorney Cook read proposed Ordinance No. 968 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE (NAND FOR THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE CITY OF OKEECHOBEE, AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO.828; AMENDING SECT10N2, MEMBERSHIP; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." 698 JANUARY 16, 2007 - REGULAR MEETING - PAGE 4 OF 9 VIII. PUBLIC HEARING CONTINUED. B. 2. a) Motion to adopt proposed Ordinance No. 968. 111 Council Member Markham moved to adopt proposed Ordinance No. 968; seconded by Council Member L. Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public? There were none. Council Member Watford noted that we need to be careful when allowing for provisions to opt out of the pension fund, the circumstances and conditions for allowing the elected officials to opt out is understandable. Mayor Kirk echoed that his comments are good to note. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only proposed Ordinance No. 970 regarding I Council Member Watford moved to read by title only, proposed Ordinance No. 970 regarding Rezoning Petition No. Rezoning Petition No. 06-014-R - City Planning Consultant (Exhibit 06-014-R; seconded by Council Member C. Williams. 3). b) Vote on motion to read by title only. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 970 by title only. Attorney Cook read proposed Ordinance No. 970 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 970. 111 Council Member Markham moved to adopt proposed Ordinance No. 970; seconded by Council Member C. Williams. b) Public comments and discussion. The. Ordinance is regarding Rezoning Petition No. 06-014-R, submitted by Brad Goodbread on behalf of property owners G-4 Land and Cattle Company and George A. Goodbread. The application is to change the zoning designation from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) for property located at 2100 South Parrott Avenue, Lots 7 and 10 of Block 46, First Addition to South Okeechobee and Lots 5 through 8 of Block 1, Royal Oak Addition, and is approximately 0.650 acre(s). 1 VIII. PUBLIC HEARING CONTINUED. C. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING. JANUARY 16, 2007 - REGULAR MEETING - PAGE 5 OF 9 Mayor Kirk asked whether there were any questions or comments from the public? There were none. Mayor Kirk then opened the floor to Staff to review the petition. Mr. LaRue briefly reviewed the following Planning Staff Report recommending approval. 1. The proposed use is not contrary to the Comprehensive Plan requirement: The applicant has stated that he has not decided on a specific use for the property at this time. He has requested this rezoning to accommodate possible commercial uses that could be proposed by potential users of the land in the future. While the Land Development Code allows several uses under the CHV Zoning District as permitted uses, the applicant will need to specify what type of use(s) is intended on the property. This can be done at the site plan review phase of development as the property is now vacant. 2. The applicant has not specifically advised what the use would be, but duly notes that they understand it must be within the permitted uses authorized under the zoning district in the Land Development Regulations. 3. The proposed CHV Zoning will not have an adverse effect on the public interest as the properties to the North, East and South are the same. 4. The CHV Zoning would be appropriate for this location and will complement the adjacent land uses. 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. In addition, it will encourage development on the surrounding vacant 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. 7. Density will not be an issue as the site is planned for commercial uses. Traffic impacts will be assessed during the site plan review phase of development. 8. It is most likely that development of the subject property will impact traffic circulation in the area, and will be assessed prior to development. Traffic improvements and drainage will be provided by the applicant, should it be warranted, during Site Plan review. 9. The only restrictions being placed on the subject property are those which are set forth in the City's Comprehensive Plan and the Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The Planning Board voted unanimously at the December 21, 2006 meeting to recommend approval. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:20 P.M. 700 JANUARY 16, 2007 - REGULAR MEETING - PAGE 6 OF 9 IX. NEW BUSINESS. A. Motion to rescind the previous motion postponing the final public Council Member Watford moved to rescind the previous motion postponing the final public hearing date from hearing date from December 5, 2006 until February 6, 2007 for December 5, 2006 until February 6, 2007 for proposed Ordinance No. 963; changing the final public hearing date for proposed Ordinance No. 963; changing the final public hearing date proposed Ordinance No. 963 to be after the Technical Review Committee approves the Preliminary Site Plan; for proposed Ordinance No. 963 to be after the Technical Review seconded by Council Member L. Williams. Committee approves the Preliminary Site Plan - City Attorney (Exhibit 4). In addition to the rezoning petition for this property, the Small Scale Map Amendment, Ordinance No. 961, Application No. 06-012-SSA has been challenged for review by the surrounding property owners to the Department of Community Affairs. The Council noted that the final rezoning cannot be adopted until that issue is resolved as well. Attorney Cook will continue to keep the Mayor and Council informed through the Administrator on the progress of the situation. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only and set February 20, 2007 as a final Council Member Watford moved to read by title only and set February 20, 2007 as a final public hearing date for public hearing date for proposed Ordinance No. 971 regarding Alley proposed Ordinance No. 971 regarding Alley Closing Application No. 85, InSite Development Group, LLC; seconded Closing Application No. 85, InSite Development Group, LLC - City by Council Member C. Williams. Attorney (Exhibit 5). b) Vote on motion to read by title only. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 971 by title only. Attorney Cook read proposed Ordinance No. 971 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCKS 4, 12, 13, 20 AND 21, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A PERPETUAL NONEXCLUSIVE EASEMENT FOR UTILITY PURPOSES; PROVIDING FOR A RIGHT OF REVERSION; AND DIRECTING THE CITYCLERK 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." JANUARY 16, 2007 - REGULAR MEETING - PAGE 7 OF 9 IX. NEW BUSINESS CONTINUED. B. 2. a) Motion to approve the first reading of proposed Ordinance No. 971. Council Member C. Williams moved to approve the first reading of proposed Ordinance No. 971; seconded by Council 11 Member L. Williams. b) Discussion. Alley Closing Application No. 85 was submitted by Steve Dobbs, on behalf of property owner InSite Development LLC. The purpose of the ordinance is to close the East to West and the North to South alleyways of Block 12 and Block 21, Okeechobee and the East to West alleys of Block 4, Block 13 and Block 20, Okeechobee. Easements are being requested by Florida Power & Light, Embarq and OUA. The property is proposed to be used for a multi -family development. Mayor Kirk, Council Members C. Williams, L. Williams and Markham noted for the record that they met with the Engineer (Steve Dobbs) on the project prior to the meeting and reviewed the plans with him to have a better understanding of the project. Council Member Watford noted that he was only able to speak with Mr. Dobbs briefly by telephone. Council Member Markham noted the amount of density that will be increased concerned him, specifically the density per block once the alleyways are closed and the area is replatted. Basically, an additional 2.64 acres will be added for the alleys alone. Replatting will allow even more. A Future Land Use Map Amendment and Rezoning must still be processed as well. The development will have to meet the minimum lot standard, and the gross density, pervious and impervious standards. The point is still valid by Council Member Markham, since in essence it increases the density per block. A Planned Unit Development could be used as a net cluster which is greater density than the existing lot sizes, as opposed to the project only consisting of one block. This development is in the area of the City's North drainage ditch. Drainage is a burden as it is, but the additional density could put more burden on the drainage situation. The discussion then focused on how the water flows from one block to another in order to accept run off since Block 22 is not being proposed for any type of on site retention. Mayor Kirk noted that with the lake the development has to construct, it appears the City might have better drainage than with just the alleyways staying there. Council Member Markham responded that yes you have more, but you will burden the area more with the additional density. You have to hold more water in retention due to the number of units per acre. Council Member Watford commented that the density is a good point, this is one of the largest projects, I believe, we have had to take action on. We may need to look at what we have done for other developments. We have helped them by closing the alleyways, so the question I need to resolve is, is this any different from any other development that consisted of one or two blocks? 701 702 JANUARY 16, 2007 - REGULAR MEETING - PAGE 8 OF 9 IX. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. Mayor Kirk and Council Member Watford suggested that the first reading be approved, and that each member 11 will have ample time to research the density issues. They also stated their appreciation to Council Member Markham for bringing this to their attention. c) Vote on motion. VOTE KIRK - YEA MARKHAM - NO WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. C. Motion to approve the 2007 Grievance Committee - City Clerk III Council Member Watford moved to approve the 2007 Grievance Committee; seconded by Council Member C. (Exhibit 6). Williams, members are as follows: DEPARTMENT Admin/Clerk/Fin/Gen Sery Fire Public Works Police KIRK - YEA C. WILLIAMS - YEA REGULAR MEMBER Robin Brock Jeff Baugh Marvin Roberts Tom Tarner ALTERNATE MEMBER Melisa Eddings Phil Conroy Clint Gould Victoria Williams MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. D. Motion to approve Alternate Bid A for the NE 12`h Street Extension - Council Member Watford moved to award Alternate Bid A for the Northeast 12`h Street Extension to Telehar in the City Administrator (Exhibit 7). amount of thirty thousand, nine hundred fifty-four dollars ($30,954.00); seconded by Council Member Markham. Administrator Whitehall explained the funds are available since Alternate Bid A is not eligible for grant funds. Mr. Robert Myers will be reimbursing the City for this project. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. E. Motion to approve a bid regarding acquisition of a shed to be placed Council Member Watford moved to award a bid to Troxell's in the amount of four thousand four hundred dollars at the City Barn- City Administrator (Exhibit 8). III ($4,400.00) regarding acquisition of a shed to be placed at the City Barn; seconded by Council Member C. Williams. The shed will be used for an evidence storage building for the Police Department. JANUARY 16, 2007 - REGULAR MEETING - PAGE 9 OF 9 703 IX. NEW BUSINESS CONTINUED. E. Motion to approve a bid regarding acquisition of a shed to be placed I VOTE at the City Barn continued. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. r F. ITEM ADDED TO AGENDA: Motion to adopt Resolution No. 07-01, Council Member Watford moved to adopt proposed Resolution No. 07-01; seconded by Council Member Markham. Florida League of Cities Legislative - City Clerk. III X. 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 media is for the sole purpose of backup for official records of th e . ATTEST: /,' James E. Kirk, Mayor Lane damiotea, CMiC, City Clerk Attorney Cook read proposed Resolution No. 07-01 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2007 LEGISLATIVE SESSION." Council Member Watford commented that, we do these every year to support the Florida League of Cities. He asked whether we had the list of where the Resolution is to be sent? The Clerks office will be sending an adopted signed copy to the appropriate persons. Mr. Watford noted one issue that has surfaced is a proposal to limit local government expenditures. This is a- very serious issue and would be extremely detrimental to the City for our hands to be tied as to how much money is spent, especially should we have another active hurricane season. The Florida League of Cities keeps us advised with datagrams, but it is incumbent we pay attention to what the state legislature is doing and stay abreast on this. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:25 P.M. The next regularly scheduled meeting is February 6, 2007, 6:00 p.m. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #13335 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 01/11/2007 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A.14ughes, Jr., (Publisher) 0 ---� Sworn to and subscribed before me this day of 41-12�-- A.D. 2007 (SEAL) Notary Public Rosealee A. Brennan sc Commission #DD318483 Expires: Jun 25, 2008 Bonded Th- �OF FL Atlantic Bonding Co., Inc. CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee will meet in Regular Session on Tuesday, January 16, 2007, 6:00 p.m., City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend. For a copy of the agenda contact City Administration at (863) 763-3372 x 212. 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 meeting, 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. Tapes are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286,26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 (TTY). by: James E. Kirk. Mayor Lane Gamiotea. CMC, City Clerk Publish: O1l11/2007 Okeechobee Times - Page -1 _ Y OF OKEECHOBEE .-January 1_6, 2007 .-REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES _I, ___CALL TO ORDER - Mayor:_ Kirk, January.16, _2007, City Counci -Regular lQegU-6 00 p.m_ Il, OPENING CEREMONIES: Invocation given by Reverend-Df -Edward-Weiss Church of —Our Saviour: Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James-E. Kirk Council Member -Clayton Williams 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 IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Bob Peterson with a Ten -Year Longevity Service Award. B. Present Oscar Bermudez with a Five -Year Longevity Service Award. u / V. MINUTES -_City Clerk.�1 A. Council Member moved to dispense with the reading and approve the -Summary of-- oa l A -tion for the January 2, 2007 Regular Meeting, seconded -by Council A4ember_ VOTE YEA NAY ABSTAIN ABSENT _ KIRK _ _ C._WILLIAMS - MARKHAM WATFORD _ L. WILLIAMS MOTION: DENT CARRiIED. _ VI: WARRANT REGISTERS - C=Alinlst�tor.A. Council Membermoved to approve the December 2006 Warrant Register; General Fund, four hundred thi -six thousand, seven hundred eighty-three dollars and fifty-two cents (.$486,783.52);Public Improvement Facilities Fund, one hundred ten thousand, six hundred forty-four dollars and twenty-eight cents ($110,644.28); CDBG Fund, six thousand one hundred ninety-seven dollars ($6,197.00); seconded by Council Member A. Requests for the addition, deferral or withdrawal of items on today's agenda. ------- -- --- VIII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT V rf L P.M. Ordinance No. 96 egarding Cycle 1 2006 Comprehensive Plan Amendments - City Planning b) V to on motion. VOTE YEA I KIRK -- - WILLIAMS -- -- MARKHAM WATFORD----------- L. WILLIAMS c) Attorney Cook read proposed Ordinance No. 965 by title only as follows: "AN ORDINANCE OF THE CITYOFOMCHOBEE, FLORIDA ADOPTING AMENDMENTS TO ITSCOMPREHENSIVE PLAN -- --- INCLUDING AMENDMENTS TO THE FUTURE LAND USE MAP, THE TEXT OF THE FUTURE UPDATE THE EXISTING OBJECTIVES, POLICIES, DATA AND ANALYSIS; IN ACCORDANCE STATUTES; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES." Council Member b) Public comments and discussion. This ordinance adopts the Comprehensive Plan Text Amendments: ---- ----��tut� a Use Element, Conservation Element and the Uapital Impr6vementslement, a so Comprehensive Plan Future Land Use Map Amendments: 06-C1-001 H20_Holdings, LLC; and 06-C1- 002 CBC Management Corporation. Mr. LaRue, at the December 5, 2006 meeting had -_--recommended that the-C= ' 6,2007.h-orb amendments proposed by South Florida Water Management. e6zlb 9 &5- ALV' dote on motion. _ VOTE YEA NAY ABSTAIN ABSENT C. WILLIAMS - ---- HAM----- WATFORD MOTION: DENI Page = _ - B. t. a)&Mcit Member moved -to read by title only, and -adopt proposed Ordinance No. 968 amendin he General Employees' and OUA Employees' Pension Plan to allow _ elected icial to opt out of the fund - General Employees' Pension Board, Lane Gamiotea (Exhibit 2) by Vote -on -motion *ad-by--title-ply.- VOTE YEA NAY ABSTAIN ABSENT _ KIR1fC. WILLIAMS MARKHAIVI - - - - - - - - - WATFORD L. WILLIAMS MOT_ION:QEhIIE CARRIED. 0 ---AttomeyLook lead -proposed Ordiwee-No. -968 fey-title-tx" follows: "AEIORDHVANCE-OF-THE- - CITY OF OKEECHOBEE IN AND FOR THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE CITYOFHKEE D t11'ILITYAVTHORITYEMPCOI'EE-PRETIREMENT - SYSTEM, ADOPTED PURSUANT ANT TO ORDINANCE N_0_. 828, AMENDING_ SECTION_ Z, MEMBERSHIP; PRO-VIDING FOR -CODIFICATION; _PROVIDING FOR SEVERABILITY OF PROVISIONS, • REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." .. _.. - -.. _... _.. - ...- _... -. -n a 2. a) Council Member ' 1 k moved to adopt proposed Ordinance No. 968; seconded by - - - Council Member b) Public comments and -discussion.- The purpose for the ordinance is to- allow elected officials to opt out of the City's Pension Plan should they have an existing fund that would_conflllict bylaw. Currently it _ is mandatory that they participate. �} ) c) Vote on motion. VOTE YEA NAY - ABSTAIN ABSENT KIRK C.-WILLIAMS _ MARKHAM WATFORD _ - L. WILLIAMS - MOTION: DENIED/ ARRIED regarding Rezoning Petitict/No. 06-014-R -City Planning Consultant (Exhibit 3); seconded by Council b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ARSF LT KIRK MARKHAM L. WILLIAMS c) Attorney Cook read proposed Ordinance No. 970 by title only as follows: "AN ORDINANCE OF THE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENT4AL SINGLE FAMIL Y-ONE (RSF-1) TO HEA VY COMMERCIAL (CHV) ZONING— - DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, moved to adopt proposed Ordinance No. 970; seconded by --------- b�-- P Comm --- submitted by Brad Goodbread on behalf of property owners G-4 Land and Cattle Company and George A. Ooodbiead. The application is to change the zoning designation from Residential Single--- Family-One (RSF-1) to Heavy Commercial (CHV) for property located at 2100 South Parrott Avenue, --- -- Lots 7 and 10 of Block 46, First Addition to South Okeechobee, as recorded in Plat Book 1, Pagel and Lots 5 through 8 of Block 1, Royal Oak Addition, as recorded in Plat Book 1, Page 8, public records of Okeechobee County and is approximately 0.650 acre(s). Mr. LaRue, briefly reviewed the following Planning Staff Report recommending approval. 1. The __--proposed use Is not contrary to Comprehensive Plan requirement. The applicant has stated he — has not decided on a specific use for the property at this time. He has requested this rezoning to accommodate possible commercial uses that could be proposed by potential users future. While the Land Development Code allows several uses under the CHV Zoning District as permitted uses, the applicant will need to specify what type of use(s) is intended on the property. This can be -- --- - -- -----done _at_the site plan review phase of development as the prope" nomi vacant. Ron; of- — the permitted uses in the CHVZoning District are summarized; Professional/Business/Medical Office, ---------- -- ..-Thy--- ---- proposed use being applied for is specifically authorized under the zoning district in the Land ---Deve po me�Regu al-fioft-. As stafe�above; a applicant as not specs ie w is use will occupy tho _ property. 3. The proposed CHV Zoning will not have an adverse effect on the public interest. This Zoning District is shared by properties to the North, East and South. 4. The CHV Zoning would be --- ----- ent the- ove - 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent - — ----- ge development -- on the surrounding vacant properties. 6. The proposed use can be suitably buffered from surrounding -uWso- as to reduce the impact of any nuisance or hazard to the neighborhood. This will e addressed during the site plan review phase of development. 7. Density will not be an issue as the site is planned for commercial uses. Traffic impacts will be assessed during the site plan review phase of development- $F_- It is most likely-tha --____ circulation in the area, but as stated earlier, those impacts will be assessed prior to development. - ----- lan ew stage. Likewise, flooding and drainage plans will be reviewed by City staff when appropriate, but it does not appear o e an issu' e a this time. a on y res ric ions emg p aced on the su lect - lopm— - - -_ — property are those which are set forth in the City s Comprehensive Plan and the Land Deveent_ - Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner _-.-- -_ .--------a-s-Lolltmsted-with the ubhc-welfare-.-Allowin his.____requestwill -- MAYOR KIRK CLOSED THE PUBLIC HEARING -AT P-.M. - }NERYBUSIN_ A. Council Member 4641 moved to rescind the previous motion postponing the final - puU is earing date Trom December 5, 2006 until February 6, 2007 for propose r manc--eNo.46 changing the final public hearing date for proposed Ordinance No. 963 to after the Technical Review _ Committee app ov t Preliminary Site Plan -City Attorney (Exhibit 4); seconded by Council -— - - Member - -- --- -- --- /i n 10/ �2A `( VOTE ----- KIRK G. WI I LI A MS -_ MARKHAM WAfiFORD ------ L. WILLIAMS _ Page -7- B. 1. aj6uncil Member _ moved toread by title only and set February 2012007 as a final public hearing dat r proposed Ordinance No. 971 regarding Alley Closing Application No. - - 85, In 'te Peyelopment Group, LLC - City Attorney (Exhibit 5); seconded by Council Member - b)-- Vote on motion} to -read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK _ C. WILLIAMS - MARKHAM WATFORD L. WILLIAMS MOTIONS OENIEDI R1ED.- -c) - Attorney Cook- read- proposed- Ordinance No. -971--by-title- y-ts--foNows: - Mff ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED -HEREIN,-- WMW BLOCKS 4; 1 Z, 73,- 2U ANO 1,- CITY-OF-OKEECHOBEE - SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC_ RECORDS FOR OKEECHOBEE COUNTY, FLORIDA RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A _ PERPETUAL NON: EXCLUSIVE EASEMENT FOR UTILITY. PURPOSES;_ PROVIDING FORA RIGHT OF REVERSION, AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS- OF THE-CL-ERK-OF T IE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member 2)40 movedMve the first reading of proposed Ordinance No. 971 seconded by Council Member __ - - b) Discussion. Alley Closing Application No. 85 was submitted by Steve Dobbs, on behalf of property owner_lnSite Development-LLC, The purpose oftheordinance-is taclose the -East -to West and the North to South alleyways of Block 12 and Block 21, Okeechobee and the East to West alleys of Block _ 4 Block 13 and Block 20, Okeechobee. Easements -are being requested by Florida Power & Light, Embarq and OUA. The property is proposed to be used for a multi -family development. (-) W�mC Gc.i L Lk4 /l u jv - c Vote , on ticn. VQTE YEA __.NAY_ _ ABSTAIN- _ABSENT KIRK C. WILLIAMS MARKHAM WATFORtiL. WILLIAMS MOTION- DENIED/CARRIED. --kj- � If ;k PU Zt& iJ JAI *��;u Li- L City Clerk (Exhibit 6); sec(*ded by Council Member VOTE 1%1nn C. WILLIAMS MARKHAM— WATFORD L. WILLIAMS AA AT1n N. 11C YEA NAY ABSTAIN ABSENT Council Member I oved to appi, Q Ulu IV U11 IV Q%14U1 E 7 dng acquisitmon of a shed V to be placed at the Cityin the amount of to the, 027-V 5 : City AcTn�inistrator (Exhibit seconded by -Council Member There are three bids: Burton's, three tho-, isand seven hundred dollars (k1,700 - n); Troxell's, four thousand four hundred dollars ($4,400.00); Wooley's, four thousand seven hundred two dollars ($4,702.00). r Q -Y VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MAFTK_HAM NATFORP___ L. WILLIAMS MOTION' DENII DCA MAYOR KIRK ANOU ED THE MEETING AT---- P M --- -�- �� "� { ---- - - - -- ------ �_ -- -- - - � � - - --- � /J�/�)L C, ^ it , ------ - , ,,�- --- L---- --- - - - - -- - . �-__ - -- -- --- -r --------�-- �--�---=-------- -_ � - - - �J ---- -- ------ ___ _-- ---- _ _' - � � � �� C.,' ,yy �f�/ �--- - A� v'�� i /�..�✓/ 9[.�..l��s% � � � r/ ih ,�.Lw'L l .irl _ � r, /t : ? i.� „ i . . �w 7 . n______- CITY OF OKEECHOBEE JANUARY 16, 2007 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 CALL TO ORDER - Mayor: January 16, 2007, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Dr. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams 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 - Mayor. A. Present Bob Peterson with a Ten -Year Longevity Service Award. JANUARY 16, 2007 - CITY COUNCIL AGENDA - PAGE 2 OF 4 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED - Mayor. B. Present Oscar Bermudez with a Five -Year Longevity Service Award. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 2, 2007 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the December 2006 Warrant Register. General Fund $436,783.52 Public Facilities Fund $110,644.28 CDBG Fund $ 6,197.00 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk. A.1.a) Motion to read by title only proposed Ordinance No. 965 regarding Cycle 12006 Comprehensive Plan Amendments - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 965 by title only. 2.a) Motion to adopt Ordinance No. 965. b) Public comments and discussion. c) Vote on motion. JANUARY 16, 2007 - CITY COUNCIL AGENDA - PAGE 3 OF 4 Vlll. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1.a) Motion to read by title only proposed Ordinance No. 968, amending the General Employees' and OUA Employees' Pension Plan to allow elected officials to opt out of the fund - General Employees' Pension Board Secretary, Lane Gamiotea (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 968 by title only. 2.a) Motion to adopt Ordinance No. 968. b) Public comments and discussion. c) Vote on motion. C.1.a) Motion to read by title only proposed Ordinance No. 970 regarding Rezoning Petition No. 06-014-R -City Planning Consultant (Exhibit 3). b) Vote on motion to read by the only. c) City Attorney to read proposed Ordinance No. 970 by title only. 2.a) Motion to adopt Ordinance No. 970. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. IX. NEW BUSINESS. A. Motion to rescind the previous motion postponing the final public hearing date from December 5, 2006 until February 6, 2007 for proposed Ordinance No. 963; changing the final public hearing date for proposed Ordinance No. 963 to after the Technical Review Committee approves the Preliminary Site Plan - City Attorney (Exhibit 4). JANUARY 16, 2007 - CITY COUNCIL AGENDA - PAGE 4 OF 4 IX. NEW BUSINESS CONTINUED. B.1.a) Motion to read by title only and set February 20, 2007 as a final public hearing date for proposed Ordinance No. 971 regarding Alley Closing Application No. 85, InSite Development Group, LLC - City Attorney (Exhibit 5). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 971 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 971. b) Discussion. c) Vote on motion. C. Motion to approve the 2007 Grievance Committee - City Clerk (Exhibit 6). D. Motion to approve Alternate Bid A for the NE 12" Street Extension - City Administrator (Exhibit 7). E. Motion to approve a bid regarding acquisition of a shed to be placed at the City Barn- City Administrator (Exhibit 8). X. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such 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. Exn[BIT 1 JANUARY 16, 2007 ORDINANCE NO. 965 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN INCLUDING AMENDMENTS TO THE FUTURE LAND USE MAP, THE TEXT OF THE FUTURE LAND USE, CONSERVATION, AND CAPITAL IMPROVEMENTS ELEMENTS; TO REVISE AND UPDATE THE EXISTING OBJECTIVES, POLICIES, DATA AND ANALYSIS; IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, the City Council of the City of Okeechobee, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 91- 635 as amended in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, Chapter 163, Florida Statutes, and Rule 9-J-5, Florida Administrative Code provide for amendment to adopted Comprehensive Plan; and WHEREAS, the City has received and reviewed proposed amendments to the Future Land Use, Conservation, and Capital Improvements Elements of the City's Comprehensive Plan, and certain applications for Map Amendments to the Future Land Use Element of the City's Comprehensive Plan, and said proposed amendments being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such application to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City Council has agreed with the recommendations of the Local Planning Agency that the proposed application complies with the requirements of Chapter 163, Florida Statutes, Part II, and that the proposed application is consistent with the Comprehensive Plan and appropriate to the future land uses within the City. WHEREAS, the City has received and responded to the Objections, Recommendations, and Comments Report. WHEREAS, two (2) public hearings were held by the City Council on said Ordinance on August 1, 2006 and December 5, 2006. NOW THEREFORE, BE IT 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. That the City of Okeechobee, Florida hereby adopts amendments to its current Comprehensive Plan dated March 19, 1991, which amendments consist of the pages which are identified as Exhibit "A" and Exhibit "B" and which are incorporated into the current Comprehensive Plan. A copy of the Comprehensive Plan, as amended, is on file at City Hall in Okeechobee, Florida. SECTION 2. That the City Clerk is hereby directed to transmit three (3) copies of the amendments of the current Comprehensive Plan to the State Land Planning Agency, along with one (1) copy to the Central Florida Regional Planning Council; Florida Department of Agriculture and Consumer Services, Division of Forestry; Florida Department of Environmental Protection, Office of Intergovernmental Programs; Florida Fish and Wildlife Commission; Florida Department of State, Division of Historic Resources; Florida Department of Transportation; and the Southwest Florida Water Management District, and to any other unit of local government who has filed a written request for a copy, within ten (10) working days after adoption, in accordance with Section 163.3184(7), Florida Statutes. SECTION 3. That all ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 4. EFFECTIVE DATE. The effective date for the enactment of this Ordinance No. 965 shall be the date a Final Order is issued by the Department of Community Affairs finding this Amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes; or the date a Final Order is issued by the Administrative Commission finding this Amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes. ADOPTED after first reading on the day of , 20 ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Exhibit "A" Adopted Comprehensive Plan Text Amendments Future Land Use Element Conservation Element Capital Improvements Element Exhibit "B" Adopted Comprehensive Plan Future Land Use Map Amendments 06-C1-001 Craig Hackl, President for H2O Holdings, LLC 06-C1-002 Frank Altobello, Trustee for CBC Management Corporation f try of OAeechobee L.SA 406-Ct-M I'rt�rrs• C'in�fe-FunrrJ_; f �c T .. s , F11; trr()krveJ'/robee LS4 �_'Of,4 !_Ii/t:3 j C IfC _}fangivemeat C orporadorr To. Rekiiderrrial lli ead l tir w n a i I. AND USF i -AA 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 cop y�I�dvertisement, being a� in t matter of 17 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of_ PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the Q 6 Council of the City of Okeechobee, Florida will Tuesday on , January 16, 2007 at •00 p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, R. conduct a PUBLIC HEARING on and thereafter to consider foal rq M the tollow�ng Ordnance into law: NO.968: AN ORDI- NANCE OF THE CITY OF OKEECHOBEE IN AND'FOR THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTNOIUTV EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO OR- DINANCE NO. 828; AMENDING SECTION 2, MEMBERSHIP; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE AN members of the public are encouraged to attend and p�hclpate in said hearing. The proposed Ordnance may be Inspected le Ns erbrety by members of the pubkC in the Office of the C8y Clark during regular business hours, Mon -Fri, Bain-4:30pm, except for halklaysPLEN3Ep ��No ppyL� Vpt to deuson madeEbylhe C8y CO�wMa7 with�respect o ma egr consder al {# hem", 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. City Clerk Was; are eenfor the sole purposes of backup6for official records of of the Clerk. 286.m, pe�rsoi s S dusa i es needing pe�cusl'acca A-D-Mllion to—parncu R this proceeding should contact Larne Gamuotea no War than two (2) working days prior to the proceediiN at 863-763-3372 x215; if hearing or voice impaired, call T001-800-222-3448 (voice) or 1-888-447-5626 MY), 1Larue2Gammte MC, CITY CLERK 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. .- Sw* to d sub cr ed a me this _ .......................................... CONSTANCE L. HAWSE f A.D. 0_— Comm# DD0563848 =� r ! e Expires 6/14/2010 'Q -7, f Florida N One o,ao` Diary Assn. C Notary Public, State of Florida at Large EXH141T 2 JANUARY 16, 2007 ORDINANCE NO. 968 AN ORDINANCE OF THE CITY OF OKEECHOBEE IN AND FOR THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE CITY OF OnECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 828; AMENDING SECTION 2, MEMBERSHIP; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 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: SECTION 1. That the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System, adopted pursuant to Ordinance No. 828, Section 2, Membership, is hereby amended to read as follows: SECTION 2. MEMBERSHIP. Conditions of Eligibility. A. All General Employees as of the Effective Date, and all future new General Employees, shall become Members of this System as a condition of employment. B. Notwithstanding the previous paragraph, the current City Administrator and any future City Administrator or Administrative Assistant and the current or future Executive Director of the Okeechobee Utility Authority may, in the event he has elected to participate in another pension program, within the first sixty (60) days of his employment as City Administrator or Administrative Assistant or Executive Director, notify the Board and the City of Okeechobee (with respect to the City Administrator or Administrative Assistant) or the Okeechobee Utility Authority (with respect to the Executive Director), in writing, of his election to not be a Member of the System. In the event of any such election, he shall be barred from future membership in the System. C. Notwithstanding any provision herein to the contrary, the current City Administrator as of April 1, 2001, may, in the event he has elected to participate in another pension program on or before June 1, 2001, notify the Board and the City of Okeechobee, in writing, of his election to opt out of the System. In the event of such election, the Board shall refund the Accumulated Contributions to the City Administrator and he shall be barred from future membership in the System. D. Notwithstanding any provision herein to the contrary, any current elected official who is a member of the System may elect in writing within thirty (30) days of the adoption of the ordinance adopting this paragraph to discontinue membership and opt out of the System In the event of such election the Board shall refund all Accumulated Contributions and the elected official shall be barred from future membership in the System. E. Notwithstanding any provision herein to the contrary any future elected official may. within sixty (60) days of taking office elect to discontinue membership in the System and receive the return of all Accumulated Contributions. In the event of such election the elected official shall be barred from future membership in the System. Page 1 of 2 SECTION 2. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. If any section, subsection, sentence, clause, phrase of this ordinance or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 4. That this Ordinance shall become effective upon adoption. INTRODUCED for first reading and set for final public hearing this 2' day of January, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 161h day of January, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 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 o ertisement,being ,a the matter of .� 1 i in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues 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 affrant 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 fpr publication in the said newspaper. - 4.- JI _,_ PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE Hart the C'dy Council rt the City of Okeechobee, Florida will on Tuesday, January 16, 2007 at 6 00 p.m. or as soon thereafter possible, at City Hag, 55 SE M Ave., Okeechobee, FL conduct a PUBLIC HEARING on and thereafter to consider final readinngp of the following Ordinarxe into law: NO. M.AN ORDI- NANCE OF THE CITY OF OKEECHOBEE, rDA; AMENDING THE OFFICIAL ZON- ING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN((, FROM RESIDENTIAL SINGLE FAMILY.ONE TAL NIN� MAP RAACCORCOMM DINGL�CI%IOVIbIAMENDING THE HIS FOR CONFLICTS, 1411) ZONING EVERABILrrY AND AN EFFECTIVE DATE The Ordinance is regardug Rezoning Application No. 06-014-R, submitted by Brad Goodbread on beh lalf of property owners G-4 Land and Cattle Company and 1qI A: Good�ead The aapppplication Is to change the WM' 1g designation from Resdenbal Single Family -One (RSF•1) to Heavy Commercial (CHV) for property located at 2100 South Parrott Avenue. Legal description being: Lots 7 and 10 of Block 46, First Ad- dibon to South Okeechobee Subdivision, as recorded in Plat Book 1, Page 17, and Lots 5 through 8 of Block 1, Royal Oak Addition Subdivison, as recorded in Plat Book 1, Page 8, Public Records of Okeechobee County, Florida, and is apprwdmate- ty 1.015 acre(s). All members of the public are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in its entirety by members of the ppublic in the Office of the City Clerk during regular business hours, Mon -Fri, 8am-4:3Opm, except for holidays. nTI E p p� g a[ to DDtaI decision PLEASE byOthe C Cou�cil wdhED specs Pon ma�ter rycaisideaeo at #i hearing, such interested person will need a record of, the proceedings, and for such purpose may need to ensure a verbatim record of the eedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are �fhapthe sole purpose of baclmppfoor official reec�ords of the Clerk 29 pers�onsww th aisabig6esneedling Osp�a A'On m0od5bon top cii ri in this proceeding should contact Lane Gamiotea no later than two (2) workin ys pdon to the proceeding at 863-763-3372 z215; if hearing or voice impaire JI TD01-800-222-3448 (voice) or 1 888-447-562g (TTY). 1 Lane Gamiot%a MC. CITY CLERK \ G-I_ ALL r-r ..NN.NN.N Swpm to and strbsc "bed befo me this CONSTANCE �. HAYY$E _ of Expires 6/14=10 Florida Notary Assn,. Inc .............................•.... otary Public, State of Florida at Large Exn[e['r 3 JAnuARY 16, 2007 ORDINANCE NO. 970 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 SINGLE FAMILY -ONE (RSF-1) TO HEAVY COMMERCIAL (CHV)ZONING DISTRICT; AMENDING THEZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYANDAN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Mr. Bradley Goodbread, on behalf of the property owner(s), G-4 Land and Cattle Company and George A. Goodbread, of the property more particularly described hereafter, has heretofore filed Petition No. 06-014-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.015 acre(s) from Residential Single Family -One (RSF-1) 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 petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on December 21, 2006, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby 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 Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: Parcel 1: Lot 7 of Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, less and except the North three (3) feet thereof. Parcel 2: Lot 10 of Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, according to plat thereof recorded in Plat Book 1, Page 17, Okeechobee County, Florida, public records, less and except all sovereignty lands. Parcel 3: Lots 7 and 8 of Block 1, ROYAL OAK ADDITION, according to Page 1 of 2 plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, Public Records, less and except all sovereignty lands. Parcel 4: Lots 5 and 6 of Block 1, ROYAL OAK ADDITION, according to the plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 2"d day of January, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 16"' day of January, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor ity of Okeechobee [GeneralServices Department Date: 0L� Petition No. - I �- Fee Paid: b Jurisdiction: of 1st Hearing Q2ndHearing: : okeechobee, 5 S.E. 3rd Avenue, Room 101 Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Publication Dates: I+; (i o�ti�5 i Df `7 Notices Mailed: I D 1 I DAP rtl-Ae-c' Uniform Land Use Application ✓ Name of property owner(s): A Owner mailing address: 12575 7� C ?7- P P Name of applicant(s) if other than owner (state relationship): SrCA, L \ L I Applicant mailing address: I Z 5 ? 5 H627,0t25 ©Ke,e-;-o 3 C A Name of contact person (state relationship):grnc-dCffir N T Contact Person daytime hone(s): C4— Z/ Z) Fax: q/o7: Z D o ✓ Property address / directions to property: ?100 S . Pw. T- .44Jr3 ca%(liJ ! t3 (G(� t �l ! ttC( l' l Indicate current use of property: fy)(-k "),).E Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): p� s Approximate number of acres: C)�(,r7 3J s property in a platted subdivision? jfp r Is there a current or recent use of the property that is/was a violation of county ordinance'? lfso, describe: I' I� R O Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, P nature and applicant's name: �p E R Is a sale subject to this application being granted? 1�J C) T T Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: /'v%b 66 M Describe adjoining land uses ! improvements to the North: CpP%W ERC 1 I-L Z V/10 Ld IP -L 010"d7 East: do PA West: Existing zoning: -D < / ` Future Land Use classification: G Actions Requested: ( Vf Rezone (_) Special Exception (_) Variance .dSouth: i Parcel Identification Number. ,S'D '00� •DO D A�"�7 ,�' C0(((' CC1tC'' 3�Zg' 3 • DDSD•p0 60 'O/op • Z eb�•DbD D• D D ✓ Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the C' o ec b in processing my request. False or misleading information may be punishable by a fine of up to $5 .0 d i s f up to 30 days and may result in the stunnta,y denial of this application. 7 „/o 1/ 400 L Stanature Printed Nam— Date Fc�i9co0 P-0G_q LW dfftca Uniform Land Use Application (rev 1/03) J Page I of 2 Turgr;ewning classification:. �_ Requested zoning classification : �� V ur desired permitted use under the proposed classification: (�p/�WE7W�A-. will the new zone be contiguous with a like zone? e5ffv Special Exception necessary for your intended use? Variance. 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 -�Y S FILE NUM 20040XZ443 OR BK 00537 PG 1658 A�� 3 SHARONDBEE ROBECOUNTY,CFERK OF CIRCUIT COURT OKECRECORDED 07/26/2004 08:43:44 An RECORDING FEES 18.50 DEED DOC 374.50 RECORDED BY N Anuez BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM DEED Deed Number 31142 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 tain lands under the terms and conditions set forth herein; , WHEREAS, said B O TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE ORIDA did approve this transfer on the �Sf- day of M� NOW, THE-- O 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 Fifty Three Thousand Five Hundred and no/100 Dollars ($53,500.00) and other good and valuable considerations, to it in hand paid by George A. Goodbread, whose address is 1200 S. Parrott Ave, Okeechobee, Florida 34974 as "GRANTEE," has remised, released conveyed and quitclaimed, and by these presents does remise, release, convey and quitclaim unto GRANTEE, his 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: Lot 10, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, being a subdivision In sections 21 and 28, Township 37 South of Range 35 East, according to Plat thereof recorded in Plat Book 1, Page 17, Okeechobee County, Florida, public records, less and except all sovereignty lands. Lots 7 and 8, Block 1, ROYAL OAK ADDITION, being a subdivision in Section 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, public records, less and except all sovereignty lands_ hereunto subscribe th 'r names and have caused the official seal OR UK 00537 PG 1659 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, minerals, 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, 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 IMPROVPIENT TRUST FUND OF THE STATE OF FLORIDA have (SEAL} BOARD OF TRUSTEES OF THE SH INTERNAL IMPROVEMENT • TRUST FUND OF THE STATE OF FLORTDA CHARL CRIST of said BOARD OF TR �ROF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORID e hereunto affixed in the City of st T Tallahassee, Florida, 1 day of J c(1 A.D. 2003. ATTORNE NERAL TOM GAL G CHIF„F WI gIAL OFFICER APPROVED AS TO FORM AND 4aa LEGALITY CHAItLES H. BRONSON �)�; COMMISSIONER OF AGRICULTURE By: (k DEP Attorney As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA This instrument prepared by: Dianne H. Reed Bureau of Public Lands Administration Division of State Lands 3900 C®onwealth Blvd. MS 130 Department of Environmental Protection Tallahassee, Florida 32399-3000 Page 2 of 2 Trustees' Quitclaim Deed #31142 1011111111111 Prepared by and return to: JOHN D. CASSELS, JR. Attorney at Law Cassels 8 McCall P.O. Box 968 400 NW Second Street Okeechobee, FL 34973 File No.: Parcel Identification No. 3-283735-0060-00010-0050 FILE NUM 2004000712 OR BK 100521 PG 050M SHAMON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL RECORDED OI/15/2004 03127/41 Ph RECORDING FEES 6.00 DEED DOC 980.00 RECORDED BY It Anuez [Space Above This Line For Recording Data] C7. Warranty Deed C " "l 0 (STATUTORY FORM - SECTION 689.02, F.S.) 00 This Indenture made this 15th day of January, 2004 Between Safari Hut, Inc_, a Florida corporation whose post office address is 706 SE 11th Avenue, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantor', and G-4 LAND & CATTLE COMPAN , 1 a corporation whose post office address is 12676 Hwy 70 East, Ok9ech0bee,TU34977 ofiffe u y o eechobee, State of Florida, grantee', Witnesseth that said grantor, for an*1, n of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideratior in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargaine said grantee, and grantee's heirs and assigns forever, the following described land, situate, lyingeechobee County Florida, to -wit: Lots 5 & 6, Block 1, ROYAL OAK Ag to the plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechob Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. ''Grantor' and "Grantee" are used for singular or pturai, as context requires In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written Signed, sealed and delivered in our presence: SafariHul,.41 BY: REBE CA L. MARSH, President State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this 15th day of Ja ary, 2004 by REBECCA L. MARSH of Safari Hut, Inc., a Florida corporation, on behalf of the corporation. He/she is personally known to me or [ ] has produced as identification. Kann Anrrroru [Notary Seal] r� COA°ngs1ontte06 _ F)vaa. * 11, 2W7 Notary P blic Printed Name: My Commission Expires: i 81110494 PAGE I 020 d_ WS 100 FILED FOR RECORD This Daeutueot Prepared Byaad Return to: OKEFCIiGRFE COUMTY. FLA R_ H. Barber oasac�osss AaszxAcr & TITLE xNsoin►xcs 384886 03FEB-7 PH 4:24 207 M 2nd Street okeechobee, FL 34972 SHAKO-i ROBERTSON CLERK OF CIRCUIT COURT PareelfDNamber: 3-28-37-35-0050-00460-00I0 Warranty Deed This Indenture, Made this 2nd day of January , 2003 A.D-. Between DAVID M. CONLON and ROSE M. COULON, his wife or the County of Okeechobee , Stale of Florida , grantors, and GEORGE GOODBREAD, a single man whose adders i:: 12575 Hwy/`ygt, Okeechobee, FL 34972 a of m roomy of Okeeehobet U , state of Florida , grantee. Witnesseth dmt de GRAN1 OP-% for ion of the sum of --------------------- -e LARS ($10)----------------------- DOUARs, aad older good and vmuebk comdemtia hand paid by GRANrW, the weeipt when" is hermby acknowledged, h1w gtwmd, batgaioed and sold to the said GES hens, saeeesson: and assigns forever, the f ffiewiug described h.A siWae, yi" m d beingin the Comty of Oke sme of Florida to wit Parcel #3-28-37-35-0 0 - 10 Lots I and 7, Block 46, ION TO SOUTH OKEECHOBEE, according A,eto the Plat thereof rect Book 1, Page 17, Public Records of Okeechobee County, Florida, LESS AND EXCEPT THE NORTH THREE (3) FEET THEREOF. Subject to current taxes, easements and restrictions of record. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. DDmomb r Stan" paid in ft amoafd of Ckm C kdanobb Tax paid in the annO 01$ — Shum Robmboti, Cork of Chddt Covet OkeeCllobee Cornitlr Fktrida (lam z -7 z6o3 and the gmmas do hereby fatty warrant the We to said land, and will derend the sane against lawfid chitus of all persons whomsoever. In Witness Wh4�L- -- sn their ear& and the day and year rest Signed, seal ce:- - printed Na A ONLON Witness r_or m w3rdwne FL3+9n (Seal) Printed ROPE M. WitnB P_O Addmss: InaN 3rd A•-r; FL34972 STATE OF Florida COUNTY OF Okeechobee The fomping insaunmm was acknowledged before me this 2nd day of January , 2003 by DAVID M. CONLON and ROSE M. CONLON, his wife who me posooatly known tome m who have produced their Florida dr ver' s lic a as idrnu6cation. Rigg-DVlqSpavab,_IM(K3)7W$S$SFw AMMONS - slma W FbM. Printe N : '�tsSep 17. MW Notary iC iOn S DDt20504 M Cornuumon ns:tional Notary Aasn_ Y 32430 ot�olgspavaer, IM (ta1)7W$S$s Fw FLwPt r 2S O" .. .� •� •• SO" d \b 6�tq 42 0 ' 1J � Jo' �• � So - i i� jacxson Ntreet, Nuite mo Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Rezoning Request Preparedfor City of Okeechobee Applicant: Brad Goodbread From: RSF-1 To: CHV Petition No. 06-014-R Staff Report Rezoning Request Applicant: Brad Goodbread Petition No. 06-014-R App>lant Phone Number: 863-634 2121;'863 46� 29b0 Y Future Land Use"Map Classification Commercial None Use of Property Vacant/Mobile Home Commercial Legal Description: Parcel 1: Lot 10, Block 46, FIRST ADDITION TO SOUTII OKEECIIOBEE_ being a subdivision in Sections 21 and 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 17, Okeechobee County, Florida, public records, less and except all sovereignty lands. Parcel 2: Lots 7 and 8, Block 1, ROYAL OAK ADDITION, being a subdivision in Section 28, Township 37 South of Range 35 east, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, Public Records, less and except all sovereignty lands. Parcel 3: Lots 5 and 6, Block 1, ROYAL OAK ADDITION, according to the plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. Parcel 4: Lots 1 and 7, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, LESS AND EXCEPT THE NORTH THREE (3) FEET THEREOF. Staff Report Rezoning Request Applicant: Brad Goodbread Petition No. 06-014-R Request: The applicant is requesting a rezoning for the above property from RSF-1 to CHV. The subject property is designated Commercial on the Future Land Use Map West: Future Land Use Map Classification: Single Family Zoning District RSV-1 Existing Land Use: Residential The subject property is located in the southwest quadrant of the City on SW 2nd Avenue. The subject property has a Future Land Use Map designation of Commercial and the applicant would like to rezone the property from RSF-1 to CHV. If allowed, this would rezoning will eliminate inconsistencies between the Zoning Map and the Future Land Use Map. Analysis I. The proposed use is not contrary to Comprehensive Plan requirements. The applicant has stated that he has not decided on a specific use for the property at this time. He has requested this rezoning to accommodate possible commercial uses that could be proposed by potential users of the land in the future. While the Land Development Code allows several uses under the CHV Zoning District as permitted uses, the applicant will need to specify what type of use(s) is intended on the property. This can be done at the site plan review phase of development as the property is now vacant. Some of the permitted uses in the CHV Zoning District are summarized below: K Staff Report Rezoning Request Applicant: Brad Goodbread Petition No. 06-014-R o Professional/business/medical office o Retail service/store o Restaurant o Personal service o Funeral home o Hotel/motel o Nightclub 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. As stated above, the applicant has not specified which use will occupy the property. 3. The proposed use will not have an adverse effect on the public interest. The proposed CHV Zoning will not have an adverse effect on the public interest. This Zoning District is shared by properties to the North, East and South. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The CHV Zoning District would be appropriate for this location and will complement the adjacent land uses as has been stated above. 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. Allowing CHV uses on the subject property will not affect property values or living conditions. In addition, it will encourage development on the surrounding vacant 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. Buffering may be required depending on the type of use to be allowed on the parcels. This will be addressed during the site plan review phase of development. c Staff Report Applicant: Brad Goodbread Rezoning Request Petition No. 06-014-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue as the site is planned for commercial uses. Traffic impacts will be assessed during the site plan review phase of development. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It is most likely that development of the subject property will impact traffic circulation in the area, but as stated earlier, those impacts will be assessed prior to development. Traffic improvements will be provided by the applicant, if warranted, at the Site Plan review stage. Likewise, flooding and drainage plans will be reviewed by City staff when appropriate, but it does not appear to be an issue at this time. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions being placed on the subject property are those which are set forth in the City's Comprehensive Plan and the Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner cis contrasted with the public welfare. By allowing the requested CHV Zoning on the subject property, it cannot be construed as granting a special privilege to the owner as contrasted with the public welfare. Allowing this request will further the City's goal of eliminating inconsistent land uses within its municipal boundaries. Recommendation Staff recommends approval of the request to allow rezoning from RSF-1 to CHV permitting the applicant to develop the property with commercial uses. Submitted by: James G. LaRue, AICP Planning Consultant December 12, 2006 M BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD DESCRIPTION' LOTS 5 AND 6, BLOCK 1, ROYAL OAK ADDITION, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 1, PAGE 8, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIFIC NO TES/LEGEND: - 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED("). 2) PARCEL ID.' 3-28-37-35-0060-00010-0050. 3): F.I.R. ". ZONE' ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS 4) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. .5) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WI THOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 6) DA'TE OF LAST FIELD SURVEY 01105106. 7) WPP = WOOD POWER POLE. SHELL LOT 7 BLOCK ! SEr 5/8" IRON ROD & CAP 'NAB LS 4820' N 895648" E-142.40' CONCRETE 7.8' o o of h a. a ti L! � Q Q h a � p p�p W SCALE IN FEET MAP SCALE: 1 INCH = 30 FEET LOT 1 BLOCK / fir' OH w' CONCRETE r ., ' 0.2' k' b � LOT 3 ' N BLOCK. I, SHELL, 81. 2' 11.7' TOTAL PARCEL CONTAINS D.s f0.3.3 ACRES Lu O .SHELL LOT 5 BB. opi 40r4 BLOCK 1 cDNCR£TE o BLOCK 1' SEPTIC N 4? h I.J TANK gT. SET 518" IRON ROD & CAP 'KAB L5 4820" TEC EPr+ONE SET 5/8" IRON ROO & (BEARING BASE) PEDESTAL CAP KAB LS 4820 S 895544" W 142.42(C) 142.50'(P) FOUND I" IRON PIPE (NO 1.0.) 1.2E. & 0.5' N. o OF ASPHALT N _ SW 22ND STREET (ASPHAL r ROAD) 50 Tw(P) EDGE OF ASPHALT STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes, PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DWG. DATE BY CK GEORGE A. GOODBREAD BOUNDARY SURVEY 01/11/06 WC KAB SET 518" IRON ROO & CAP KAB LS 4820" ~ 142.50' P JO I' wOUD FRAME ADDI nON LOT 6 1 STORY RESIDENCE BLOCK 1 DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG: 171/57-64 SCALE: 1" = 30' BEARING. REFERENCE: THE S. LINE OF LOT 5 IS TAKEN TO BEAR S 89'55'44" W FILE: 19771 JOB N0: 19771 LEGEND D—Set Iron Rod and Cap TWPS 6719 ■—Found CM *—Found Iron Rod (and Cap) O —Found Pipe (and Cop) ABBREVIATIONS I{=Baseline; BM=Benchmark; (�=Centerllne; C=Calculated; CATV=Cable TV; CM= Concrete Monument; CONC=Concrete; D=Deed; O=Delta or Central Angle; E=East; E'LY=Eosterly; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance Rate Map; FND=Found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cap); L=(Arc) Length; M=Measured; MH=Manhole; N=North; N'LY=Northerly; NGV(D)=Notional Geodetic Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead Wires; R=Property Line; P=Plat,. PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT=Point of Tangency PU&D=Public Utilitiy and Drainage; R=Radius; R/W=Right—of—Woy. S=South; S(T=Tongent; TEL=Telephone Splice or Switch Box; W=West; W'LY=Westerly; UTIL=Utility(ies); >0-Spot Elevation based on indicated Datum. BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD DESCRIPTION: LOT 10, BLOCK 46, FIRST'ADD/T/ON TO SOUTH OKEECHOBEE,, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 3.00 FEET THEREOF. PROJECT SPECIFIC NO TES/LEGEND: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) PARCEL ID.' 3-28-37-35-0050-00460-0100. 3) F. I. R. M. ZONE- ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS. 4) THIS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN, 5) THE SURREY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADD177ONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 6) DA TE OF LAST FIELD . SUR BEY 01105106. J5 0' — Q 15 30 I,.Id,I—d.... I I....l SCALE IN FEET MAP SCALE: 1 INCH = 30 FEET N 89 58'25 " E x 142. 38'(C) 142.50 FOUND J14" IRON PIPE WOOD FENCE x (NO 1.0.) IN CONCRETE FENCE CORNER 5. 8' S. LOT 10 BLOCK 46 f 0.16 ACRES SET 5/8" IRON ROD & CAP KAB LS 4820" 5HELl, X 6.4- S -�,l SET 518" IRON ROD & CAP 'KAB LS 4820" $ET 518" IRON ROD 4 _ CAP KAB LS 4820" (5CARiN9 BASE) S 89 5753" W 1442. 39'(C) 142. 50 (P / GRASS . I LOT 8 .. SBLOCK 1 HELL ROYAL OAK ADOITJON' (P. B, 11 PG. B) GRASS I W a O O BLOCK 46 h. LOT 1 BLOCK I ROYAL OAK ADO/TIOW' (P.B. 1, Pa B) STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DWG. DATE I BY I CK GEORGE A. GOODBREAD I BOUNDARY SURVEY I 01/11/06 I WC I KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE I FB/PG: 171/57-64 I SCALE: 1" = 30' BEARING REFERENCE: THE S. LINE OF LOT 10 IS TAKEN TO BEAR S 89'57'53" W FILE: 19769 JOB NO: 19769 'LEGEND a —Set Iron Rod and Cap TWPS 6719 ■—Found CM *—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS J=Baseline; BM=Benchmark; (j=Centerline; C=Calculated; CATV=Cable TV; CM - Concrete Monument; CONC—Concrete; D=Dead; 0—Delta or Central Angle; E=East; E'LY=Easterly; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance Rate Map; FND=Found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cap); L=(Arc) Length; M=Measured; MH=Manhole; N=North; N'LY=Northerly; NGV(D)=National Geodetic Vertical (Datum) of 1929; NTS=Not to Scale; OHW=Overhead Wires; R=Property Line; P=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control `Point; POB=Point of Beginning; PDC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT=Point of Tangency PU&D=Public Utilitly and Drainage; R=Radlus; R/W=Right—of—Way; S=South; S LY=Southerly; T=Tangent; TEL=Telephone Splice or Switch Box; W=West; L W'LY=Westerly; UTIL=Utility(ies); _0'�'=Spot Elevation based on indicated Datum. BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD` DESCRIP TION: LOT 7, BLOCK 46,- FIRST ADD17ION TO SOUTH OKEECHOBEE,, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK. 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 3.00 FEET THEREOF. PROJECT SPECIFIC NOTES/LEGEND. 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED("). 2) PARCEL ID: 3-28-37-35-0050-00460-0070. 3) F.I. R. M. ZONE- ZONE UNDETERMINED, PARCEL LIES WITHIN THE OKEECHOBEE CITY LIMITS. 4) THLS SURVEY IS NOT INTENDED TO DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 5) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARI7ES. 6) DATE OF LAST FIELD SURI/EY 01105106. 7) WPP = WOOD POWER POLE. 0 15 3o SCALE IN FEET MAP SCALE: 1 INCH a 30 FEET W OHW OHW DHW OHW DHW --- DHW OHW OHW OH`d DHW CHW — S. W. 21ST STREET _ _ psi GE OF A P FOUND H N S IRON ROD (NOI.D.) _ S 89 5958" E 142.36(C) 142.50'(P) 1 NO 7, 3 '' 0/" ( T7 0 15.0' S 89 5958" E 142.36'(C) 142.50'(P) p y4 15 SET 5/8" IRON ROD & - S£T 5/8" IRON ROD cE KAB KAB - O CAP LS 4820" CAP LS 4820" LjU O W a h N ,`V. LOT 7 L Z raj BLOCK 46 0�, o BLOCK 4B t 0. 15 A CRES cd o o Q y� I gO Z Lice" N QA SET 5/8" IRON ROD crr FOUND 5/8" IRON ROD IN 1 r,,t � �- WPP CAP KAB LS 4620" (NO /.D.) 0.2' W. S 89 59 30 W 142. 36 C 142. 50 P J5.0' — FOUND J/4" IRON PIPE (BEARiNC BASE) FOUND BENT 5/8" (NO LD.) 0.9' W. IRON ROD (NO I.D.) LOT B BLOCK 46 LOT 2 BLOCK 46 STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prepared exclusively for those parties noted. No responsibility or liability Is assumed by the surveyor for use by others not specifically named. Not valid without the signature .and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachmentsexcept as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED` FOR THE EXCLUSIVE USE OF: DESCRIPTION DWG. DATE BY CK GEORGE A. GOODBREAD BOUNDARY SURVEY 01/11/06 WC KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE FB/PG: 171/57-64 SCALE: 1" = 30' BEARING: REFERENCE: THE S. LINE OF LOT 7 IS TAKEN TO BEAR S 89'59''0" W FILE: 19770 JOB NO: 19770 LEGEND Oo—Set Iron Rod and Cap TWPS 6719 ■—Found CM *—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS 9=Baseline; BM=Benchmark; (E—Centerline; C=Calculated; CATV=Coble TV; CM= Concrete Monument; CONC=Concrete; D=Deed; 6—Delta or Central Angle; E=East; E'LY=Easterly; E/P=Edge of Pavement; ESMT-Easement; F.I.R.M.=Flood Insurance Rate Map; FND=Found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cap); L=(Arc) Length; M=Measured; MH=Manhole; N=North; N'LY=Northerly; NGV(D)=National Geodetic Vertical (Datum) of 1929; NTS=Not to Scale; DHW=Overhead Wires; f =Property Line; P=1plot; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; PCB=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permanent Reference Monument; PT=Polnt of TongencY PU&D=Public Utilitly and Drainage; R=Radius; R/W=Right—of—Way; S=South; S LY=Southerly; T=Tangent; TEL=Telephone Splice or Switch Box; W=West; W'LY=Westerly; UTIL=Utility(ies);=Spot Elevation based on indicated Datum. BOUNDARY SURVEY PREPARED FOR GEORGE GOODBREAD DESCRIPTION.• LOTS 7 AND 8, BLOCK 1, ROYAL OAK ADDITION, ACCORDING TO THE PLA T THEREOF' AS RECORDED IN PLA T BOOK 1, PAGE 8, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, PROJECT SPECIFIC NO TES/LEGEND: 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLA T(P) AND MEASURED(M). 2) PARCEL ID: 3-28-37-.35-0060-0000-0070. 3); F.I.R.M. ZONE- ZONE UNDETERMINED, PARCEL LIES WI THIN THE OKEECHOBEE Cl TY LIMI TS. 4) THIS SURREY /S NOT INTENDED TO DEPICT IURISD/C17ONAL AREAS OR O1NER AREAS OF LOCAL CONCERN. 5) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELE77ONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PAR77ES /S PROHIBITED WITHOUT WR/T7EN CONSENT OF THE SIGNING PARTY OR PARRES. 6) DA TE OF LAST FIELD SURVEY 01105106. 12 3I� 4 °o O CRASS a W N 3 1, Z SCALE IN FEET MAP SCALE: 1 INCH = 30 FEET LOT 10 LOT 4 BLOCK 45 Msr ADD17/ON 70 I BLOW 46 f7RST A00/I48 TD SDU7H OKE£CHOBEE' SOUTH A(£EQ40BEE' (P.O.. 1, PC. 17) (P.B. 1, PC. 17) _ SET 518" IRON ROO &� CAP KAB LS 4820" SHELL N 89 57'53" E 142, 39' C 142. 50' P SET 5/8" IRON ROD & CRASS CAP '9iAB LS 4B20" SHELL LOT B BL OCK 1 S£T 5/8" IRON ROD & CAP KAB LS 4820" TOTAL PARCEL CONTAINS sH£cc f 0.33 A ORES LOT 7 BL OCK 1 SET 5/8" IRON ROD & CAP 'KAB 45 4820" h Lor 1 BLOCK 1 Lor 2 BLOCK 1 O (BEARINGBASE) S 89 56 4E W 142 40 (C 142.50 P i-- J5.0' — LOT e Lor 1 BLOCK 1 BLOCK 1 STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The. survey depicted here is prepared exclusively for those parties noted. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820, There are no visible above ground encroachments except as shown. No attempt was made to locate underground improvements and/or encroachments (if any) as part of this survey. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DWG. DATE BY CK GEORGE A. GOODBREAD BOUNDARY SURVEY 01/11/06 WC KAB DESCRIPTION REFERENCE: PROVIDED BY CLIENT OR CLIENT'S REPRESENTATIVE _I FB/PG: 171/57-64 I SCALE: 1" = 30' BEARING REFERENCE: THE S. LINE OF LOT 7 IS TAKEN TO BEAR SS 89'56'48" W FILE: 19768 JOB NO: 19768 LEGEND D—Set Iron Rod and Cap TWPS 6719 ■—Found CM *—Found Iron Rod (and Cap) O —Found Pipe (and Cap) ABBREVIATIONS E�=Baseline; BM=Benchmark; (L=Centerline; C=Calculated; CATV=Cable TV; CM= Concrete Monument; CONC=Concrete; D=Deed; ni=Delta or Central Angle; E=East; E'LY=Easterly; E/P=Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance Rate Map; FND=Found; IP=Iron Pipe; IR&(C)=Iron Rod (and ID Cap); L=(Arc) Length; M=Mecsured; MH=Manhole; N=North; N'LY=Northerly; NGV(D)=National Geodetic Vertical (Datum) of 1929; NTS=Not to Scole; OHW=Overhead Wires; f =Property Line; P=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= Permanent Control Point; POB=Point of Beginning; POC=Point of Commencement; PRC=Point of Reverse Curvature; PRM=Permonent Reference Monument; PT=Point of Tangency; PU&D=Public Utilltiy and Drainage; R=Radius; R/W=Right—of—Way; S=South; SLY=Southgrly; T=Tangent; TEL=Telephone Splice or Switch Box; W=West; W'LY=Westerly; UTIL=Utility(Ies); 0'*=Spot Elevation based on indicated Datum. ti CITY OF OKEECHOBEE r PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING LL DECEMBER 21, 2006 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Planning Board/Board of Adjustment and Appeals, December 21, 2006, 6:00 p,m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice -Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Carol Johns Board Member Devin Maxwell Board Member Douglas McCoy Alternate Epifanio Juarez Alternate Mike O'Connor Attorney John R. Cook Planner Jim LaRue Secretary Betty J. Clement III. MINUTES -Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment Action for the October 19, 2006 regular meeting. Iof8 Chairperson Ledferd called the December 21, 2006 meeting to order at6:00 p.m. Board Secretary Clement called the roll: Present Present Present Present Present Present Present Present Present Absent (with consent) Present Prewni Board Member Hoover moved to dispense with the reading and approve the Summary of Board Action for the October 19, 2006 regular meeting; seconded by Board Member McCoy. VOTE LEDFERD - YEA HOOVER -YEA BURROUGHS-YEA McCOY - YEA KELLER - YEA MAXWELL - YEA JOHNS - YEA MOTION CARRIED. Chairperson Ledferd called for the vote and it was voted upon. While Chairperson Ledferd was announcing that the motion passed, Board Member Maxwell interrupted and said that before we vote on the passing of the motion he wanted to ask about his position at the last meeting due to being late. He explained, due to his being late that Board Member O'Connor had replaced him in the voting. December 21, 2006 Planning Board/Board of Adjustment and Appeals - Page 2 of 8 III. MINUTES, continued. Discussion insued as to whether Mr. O'Connor had moved from the voting position. Mr. O'Connor stated that he announced he would be moving from the voting position due to Board Member Maxwell's appearance. Board Member Maxwell said that he participated in the discussion, but sat silent during the vote. Board Member McCoy replied that a silent vote is the same asa yea vote. Unless you explained why you are not voting you are considered to vote. Chairperson Ledferd asked if he had called another meniher up to a voting position. Secretary Clement answered that he had called both the alternates up to a vot i ng position, but when Board Member Maxwell came in, she interrupted and stated that we could not ha%,e both alternates in a voting position and Board Member Maxwell also. At that time Mr. O'Connor said he was stepping down. Board Member Mccoy concurred. Secretary Clement said that she took that to mean that Board Member Maxwell was in his regular position. Board Member Maxwell said that he did not recall hearing that Alternate O'Connor stepped down and perceived his position as free to participate, but not vote. Chairperson Ledferd said that he re -announced Board Member Maxwell back to his seat and put Mr. O'Connor back as an alternate, so from the time he arrived he was in a voting position. Board Member McCoy asked Board Member Maxwell if he would like to change his vote on Petition No.06-012-SSA and Petition No. 06-010-R from a yea vote to a nay vote? Board Member Maxwell said that to the extent of the reflection of a yea vote, it is not accurate, my motion is that it be concctcd to reflect a nay vote. Mr. LaRue said that a silent vote is a yea vote, also stated by Board Memhcr McCoy, and if you don't vote you have to give a reason why you are not voting, you also have to fi I I out a form. Board Member McCoy said that the minutes reflect his voting position. Chairperson Ledferd said that it's not a big deal, he just wants to change his yea vote to a nay vote. Chairperson Ledferd also stated that in the future, once an alternate is moved to voting position, they will remain in the voting position for the duration of the meeting. Board Member Maxwell remarked that is what he assumed would happen, considering you miss part of the discussion. Chairperson Ledferd said that overall that is how he thinks it should be. Board member Hoover asked whether that was allowed? Alternate O'Connor replied that parliamentary procedure should be checked with Roberts Rule of Order to sec whether that is permissible, agreed by Board Member Hoover. Chairperson Ledferd also asked Secretary Clement to check with Attorney Cook on the procedure. Board Member Maxwell still maintains that he did not vote, therefore the minutes should reflect his non -voting. Board Member McCoy said that due to the way we vote, by not showing hands only by voice, and there were no nay votes then the assumption is that the vote is yea. Chairperson Ledferd asked that the secretary bring the subject up to Clerk Gamiotea. Board Member McCoy asked Chairperson Ledferd to table the acceptance of the minutes until the next regular Planning Board/Board of Adjustment and Appeals meeting on January 18, 2007. Chairperson Ledferd said we can do that. Board Member Hoover asked whether she should withdraw her motion to approve the minutes? December 21, 2006 Planin Board/Board of Adjustment and Appeals - Page 3 of 8 AGENDA ACTION III. MINUTES, continued. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson A. Consider Rezoning Application No. 06-014-R. Geroge A. Goodbread/G-4 Land & Cattle Company are the property owners. The application is to change the zoning designation from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) for property located at 2100 South Parrott Avenue within the 2000 Block of Southwest Second Avenue, Board Member Maxwell stated that he did not think you could impute an outcome, but I'm just simply saying that the minutes do not reflect that I made that vote. That's what I'm moving to change. Board Member Maxwell said that by not voting you cannot say that reflects as a yea vote. Board Member McCoy reiterated that you have to state a reason for not voting. It is required. Board Member Maxwell repl ied that it would be prudent at the time to state a reason, other than he thought he was in an alternate position and the alternates do not state a reason for not voting. Board Member Burroughs asked what the problem is with tabling the motion. Chairperson Ledferd asked for a motion to table for research and definition. Board Member Hoover made a motion to table the approval of the Summary of Board Action for the Octoher 19, 2006 regular meeting to the next regular Planing Board/Board of Adjustment and Appeals on .lanuary 18, 2007: seconded by Board Member McCoy. VOTE LEDFERD - YEA HOOVER - YEA BURROUGHS-YEA McCOY - YEA KELLER - YEA MAXWELL - NAY JOHNS - YEA MOTION CARRIED. Chan j)erson Ledferd asked whether there were any requests to add, defer or withdraw items on today's agenda. Letter A was deferred to the January 18, 2007 Planning Board/Board of Adjustment and Appeals regular meeting, CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:11 P.M. Confider Rezoning Application No. 06-014-R. Geroge A. Goodbread/G-4 Land & Cattle Company are the property owners. The application is to change the zoning designation from Residential Single Family - One (R S F-1) to Heavy Commercial (CHV) for property located at 2100 South Parrott Avenue within the 2000 Block of Southwest Second Avenue. Legal description: Lot 10, Block 46, First Addition to South Okeechobee, being a subdivision in Sections 21 and 28, Township 37 of Range 35 East, according to plat thereof recorded in Plat Book 1, page 17, Okeechobee, County, Florida, public records, less and except all sovereignty lands. Lots 7 and 8, Block 1, Royal Oak Addition, being a subdivision in Section 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 8, December 21, 2006 - Planning Board/Board of Adjustment and Appeals - Page 4 of 8 V. OPEN PUBLIC HEARING - Chairperson A. Consider Rezoning Application No. 06-014-R, continued. Legal description: Lot 10, Block 46, First Addition to South Okeechobee, being a subdivision in Sections 21 and 28, Township 37 of Range 35 East, according to plat thereof recorded in Plat Book 1, page 17, Okeechobee, County, Florida, public records, less and except all sovereignty lands. Lots 7 and 8, Block 1, Royal Oak Addition, being a subdivision in Section 28, Township 37 South of Range 35 East, according to plat thereof recorded in Plat Book 1, Page 8, Okeechobee County, Florida, public records, less and except all sovereignty lands. Lots 5 and 6, Block 1, Royal Oak Addition, according to the Plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. Lots 1 and 7, Block 46, First Addition To South Okeechobee, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida, less and except the North three (3) feet thereof. - City Planning Consultant Okeechobee County, Florida, public records, less and except all sovereignty lands. Lots 5 and 6, Block 1, Royal Oak Addition, according to the Plat thereof recorded in Plat Book 1, Page 8, of the Public Records of Okeechobee County, Florida. Lots 1 and 7, Block 46, First Addition To South Okeechobee, according to the Plat thereof recorded in Plat Book 1, Page 17, Public Records of Okeechobee County, Florida.. less and except the North three (3) feet thereof. Mr. LaRue reviewed the Comprehensive Plan Analysis as follows: 1. The proposed use is not contrary to Comprehensive Plan requirement: The applicant has stated that he has not decided on a specific use for the property at this time. He has requested this rezoning to accommodate possible commercial uses that could be proposed by potential users of the land in the future. While the Land Development Code allows several uses under the CHV Zoning District as permitted uses, the applicant will need to specify what type of use(s) is intended on the property. This can be done at the site plan review phase of development as the property is now vacant. Some of the permitted uses in the CHV Zoning District are summarized: Professional/Business/Medical Office, Retail Service/Store, Restaurant, Personal Service, Funcr td horne, Hotel/Motel, Nightclub. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. As stated above, the applicant has not specified which use will occupy the property. 3. The proposed use will not have an adverse effect on the public nverest_ The proposed CHV Zoning will not have an adverse effect on the public interest. This Zoning District is shared by properties to the North, East and South. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The CHV Zoning would be appropriate for this location and will complement the adjacent land uses as has been stated above. 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. Allowing CHV uses on the subject property will not affect property values or living conditions. In addition, it will encourage development on the surrounding vacant 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. Buffering may be required depending on the type of use to be allowed on the parcels. This will be addressed during the site plan review phase of development. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue as the site is planned for commercial uses. Traffic impacts will be assessed during the site plan review phase of development. December 21, 2006 - Planning Board/Board of Adjustments and Appeals - Page 5 of 8 V. PUBLIC HEARING CONTINUED. A. Consider Rezoning Application No. 06-014-R, continued. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It is most likely that development of the subject property will impact traffic circulation in the area, but as stated earlier, those impacts will be assessed prior to development. Traffic improvements will he provided by the applicant,should it be warranted, at the Site Plan review stage. Likewise, flooding and drainage plans will be reviewed by City staff when appropriate, but it does not appear to bean issue at this i ime. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions being placed on the subject property are those which are set forth in the City's Comprehensive Plan and the Land Development Code, 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. By allowing the requested CHV Zoning on the subject property it cannot be construed as granting a special privilege to the owner as contrasted with the public welfare. Allowing this request will further the City's goal of eliminating inconsistent land uses within its municipal boundaries. Staff recommends approval of the request to allow rezoning from RSF-1 to CHV permitting the applicant to develop the property with commercial uses. Board Member Burroughs inquired as to the process that the Staff goes through to determine the use of property. Mr. LaRue stated that he looks at the surrounding property to help staff determine the use of the property. Board Member Burroughs also asked whether the buildings will remain on the property. Mr, LaRue stated that all the building will be razed. Board Member McCoy asked whether the mobile home on the property is appropriate? Mr. Goodbread answered that the area used to be an old mobile home park. All occupants have six months to vacate the property according to Mr. Goodbread. Board Memhcr Burroughs inquired as to the possible occupants for this property. Mr. Goodbread said that they are trying to get something like TGI Friday or a Red Lobster and possibly one other business to share the parking lot. Board Member O'Connor asked whether anyone talked to the people around the area for their opinion? No, but notices are sent out to surrounding property owners within 300 feet of the property to notify them of the rezoning. Mr. Sizemore spoke regarding the possible noise element of the development. He said when there was a nightclub operating on the premises, that it was quite loud from 10:00 p.m. until 2:00 a.m., and that many complaints had been made, but nothing was done. He just wants the residential homes in the area to be protected from possible future noise created from potential businesses. December 21.2006 - Plannine Board/Board of Adjustments and Appeals - Page 6 of 8 V. PUBLIC HEARING CONTINUED. A. Consider Rezoning Application No. 06-014-R, continued. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Resolution No. 06-10 pertaining to the Billboard Policy. - City Attorney B. Ordinance No, 966 - An amendment to the City of Okeechobee Land Development Code creating the City of Okeechobee Proportionate Fair Share Transportation ordinance. - City Planner Board Member Maxwell asked whether a lighter commercial zoning could be used? Mr. LaRue said the applicant requested Heavy Commercial Zoning (CHV). A lesser commercial zoning would limit the use choices. Board Member Burroughs moved to recommend petition No. 06-014-R to recommend to City Council to rezone property located at 2100 South Parrott Avenue within the 2000 Block of Southwest Second Avenue, trom Residential Single Family -One (RSF-1) to Heavy Commercial (CHV); secondedby Board Member Johns. VOTE LEDFERD - YEA HOOVER -YEA BURROUGHS-YEA McCOY - YEA KELLER - YEA MAXWELL-YEA ,JOHNS -YEA MOTION CARRIED. CHAI RPERSON LEDFERD CLOSED PUBLIC HEARING AT 6.36 P.M. Resol ut ion No. 06-10 pertaining to the Billboard Policy was deferred to the regular Planning Board/Board of Adjustrnent and Appeals January 18, 2007 meeting by City Attorney Cook. Ordinance No. 966 amendment to the City of Okeechobee Land Development Code creating the City of Okecchobec Proportionate Fair Share Transportation Ordinance was presented by Mr. LaRue. He began by tel I ing the Board that reading the ordinance would probably put you to sleep in quick order. Best example of the ordinance, some jurisdictions Future Land Use cannot continue to develop because they do not have concurrency done. It is mandated by the state that by December 2006 this ordinance has to be in place. Mr. LaRue stated that the ordinance is consistent with the City's Comprehensive Plan. Chairperson Ledferd asked whether this will require another Board for the City? Mr. LaRue answered that it would not. The hardest part will be figuring out what proportion somebody really owes when you really get into some of these things. Technical assistance will come from Central Florida Planning Council, and December 21. 2006 Planning Board/Board of Adjustments and Appeals - Page 7 of 8 V1, NEW BUSINESS, continued B. Ordinance No. 966, continued. State Department of Transportation. We have not been very sophisticated ourselves in terms of showing what uwncbody owes for some of these things, but as more and more Future Land Use applications come before the Board, I will not be saying concurrency as much as I will say making sure the levels of service are not degraded. Chairperson Ledferd stated that he just recently went to the Transportation meeting in Sebri jig for this specific purpose. Board Member Hoover stated that she thought we had this covered in the Land Development Codes, because she has used the information. Board Member Maxwell said that the ordinance was more detailed than the State Statue. Mr. LaRue stated that we had a model ordinance from the League of Cities and that he also looked at some of the other City's that had adopted the statute. It gets a little bit more complicated in the sense that you need to make .sure you include things that the State says you need to have in the ordinance. Your are right, it is more detailed. Board Member Maxwell asked, in the adoption of this ordinance will it impose the fair share requirements or do we also need something else? It is all you need, replied Mr. LaRue. Should we havvc any questions about the factual impacts, we can call the Regional Planning Council or the State Depv f ment of Transportation. Board Mcmber McCoy asked what is the implementation deadline as far as the Board is concerned? Mr. LaRue replied that the Board is done. No, answered Board Member McCoy, I am asking for the resident that drops something off December 31, 2006 versus January 2, 2007. We are covered and not in violation of the law, so should anyone come and say we were holding them up from future development, we have the ordinance in place that says that we can require them to do their proportionate share, and we can analytic under the same criteria we use for development review or rezoning. Board Member McCoy asked whether this went into immediate effect? Mr. LaRue answered yes. Board Member Maxwell asked whether this ortly applied to infrastructure? Mr. LaRue answered yes. Board Member Maxwell stated he understands that the school district also has an interest in a contribution for education. Will that compliment this ordinance? Mr. LaRue said it would compliment the school as well. A year from now we will have to have a school concurrency element, stated Mr. LaRue, and actually even now we would required the developers to get a letter saying how the schools are impacted. Board Member Hoover moved to recommend Ordinance No. 966 to amend the City of Okeechobee Land Development Code creating the City of Okeechobee Proportionate Fair Share Transportation which is consistent with the Comprehensive Plan and consistent with State Law; seconded by Board Member Bunoughs, December 21, 2006 - Board/Board of Adjustments and Appeals - Page 8 of 8 ►/� B VII. NEW BUSINESS, continued Ordinance No. 966, continued. ADJOURNMENT - Vice Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board/Board of Adjustment and Appeals 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. William Ledferd, Chairperson ATTEST: Betty J. Clement, Secretary VOTE LEDFERD - YEA HOOVER -YEA BURROUGHS-YEA MCCOI' - YEA KELLER - YEA MAXWELL - YEA JOHNS -YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:07 P.M. EXHIBIT 4 jANUAHY 16, 2007 TO: Mayor and Council Members FROM: Clerk Gamiotea SUBJECT: Public Hearing date for proposed Ordinance No. 963/Rezoning No. 06-010-R DATE: January 11, 2007 If you recall, the public hearing date for adoption of proposed Ordinance No. 963 (Rezoning No. 06-010- R Altobeli/Royal Concrete) was postponed from December 5, 2006 until February 6, 2007 to allow the applicant time to submit and receive approval of their Conceptual Site Plan by the Technical Review Committee. This is a completely new process for us. A PUD requires that the TRC approve the conceptual site plan prior to final adoption of the rezoning on the property. The applicants did not meet the deadline to be considered at the January TRC meeting. Therefore the ordinance cannot be considered at the February 6 meeting. (They are hoping to have their application submitted in time for the February 28 TRC meeting). Rather than re -advertise the public hearing for February 6 only to have it postponed during that time on the agenda, 1 would like to propose that the City Council rescind the previous action, approved at the November 7, 2006 meeting, motion to change the December 6, 2006 public hearing date until February 6, 2007 to give sufficient time for the Technical Review Committee Meeting as required by Code Book Section 90-401 (c), changing the final public hearing date for proposed Ordinance No. 963 as after the Technical Review Committee approves the Conceptual Site Plan. The reason I am not requesting a specific final public hearing date is, (1) we do not know if they will be able to meet the February 28 TRC meeting deadline. (2) The TRC may need more than one meeting to discuss the site plan in order to approve it. (3) You may want to call a special meeting for this public hearing only, since it has become such a high profile project. (4)-fhe pending review from the Department of Community Affairs regarding Ordinance No. 961 (future land use change on the property) may also affect the date to consider the ordinance as well, depending on the outcome of the matter. However, once all the requirements have been met, we will re -advertise it when it can be discussed. I hope I have not made this too confusing, it just seemed a waste to pay for an advertisement, on a topic that we know we cannot discuss. Please advise if you have any questions or wish to discuss this matter further. ORDINANCE NO. 963 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 HOLDING (H) TO PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner(s), Frank Altobello, Trustee, of the property more particularly described hereafter, has heretofore filed Petition No. 06-010-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 9.89 acre(s) from Holding (H) Zoning District to Planned Unit Development (PUD) 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, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on October 19, 2006, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby 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: An unplatted parcel of land, shown as the railroad grounds, lying within the plat of the City of Okeechobee, as recorded in Plat 5 Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as followed: Commence a the southwest corner of that parcel of land described in OR Book 452 Page 1439, Public Records of Okeechobee County, Florida and bear S 89*53'11" W along the Page 1 of 3 north right-of-way line of SW Wh Street, to the intersection with the east line of Block 202, City of Okeechobee, a distance of 1010.82 feet; Thence bear N 00"0458" W, along the east line of Block 202, a distance of 547.44 feet to the point of beginning; Thence continue N 00`04'58", a distance of 547.44 feet to the northeast corner of Lot 3, Block 202, City of Okeechobee; Thence bear N 89"54'50" E to the Southeast corner of that parcel of land described in OR Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of 704.88 feet; Thence bear N 00"04'58" W, a distance of 398.57 feet to the intersection with a curve in the southerly right-of-way of Southwest 2"d Avenue; said curve concaving to the northwest, having a radius pf 402.71 feet, a delta angle on 11 *11'52" and a long chord bearing N 62"53'33" E, a distance of 78.58 feet; Thence along arc of said curve a distance of 78.71 feet; Thence bear S 00"04'58" E, a distance of 534.67 feet; Thence bear S 89*54150" W, a distance of 49.69 feet; Thence bear S 00`06'02" E, a distance of 447.26 feet to the point of beginning. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Holding (H) to Planned Unit Development (PUD) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 7' day of November, 2006. James E. Kirk, Mayor Page 2 of 3 ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 5" day of December, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 EXHIBIT JAN 16 AGENDA EXHIBIT FE6 20 AGENDA ORDINANCE NO. 971 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCKS 4, 12, 13, 20 AND 21, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A PERPETUAL NON-EXCLUSIVE EASEMENT FOR UTILITY PURPOSES; PROVIDING FOR A RIGHT OF REVERSION; 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. 85) from Steve Dobbs, on behalf of InSite Development Group, LLC, for the closing of certain alleyways as described in this ordinance to utilize the property for future development; and WHEREAS, various utility companies have requested easements within certain blocks due to existing utilities located within those alleyways; 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 alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: The alleyway running East to West located between Lots 1 through 13, inclusive and Lots 14 through 26, inclusive of Block 4; and The alleyways running East to West located between Lots 1 through 10, inclusvie and Lots 17 though 26, inclusive, and running North to South between Lots 10 and 11 through 16, inclusive and 17 of Block 12; and The alleyway running East to West located between Lots 1 through 13, inclusive and Lots 14 through 26, inclusive of Block 13; and The alleyway running East to West located between Lots 1 through 13, inclusive and Lots 14 through 26, inclusive of Block 20; and The alleyways running East to West located between Lots 1 through 10, inclusive and Lots 17 through 26, inclusive, and running North to South between Lots 10 and 11 through 16, Page 1 of 2 inclusive and 17 of Block 21. All located within the City of Okeechobee Subdivision, according to the plat thereof as recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, of the public records for Okeechobee County, Florida. Section Two. Utility Easements. The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, the following perpetual, non- exclusive easements for public utility purposes: Block 20: An easement, 15 feet in width, running East to West between Lots 13 and 14, inclusive of Block 20, City of Okeechobee, as recorded in Plat Book 5, Page 5, public records for Okeechobee County, Florida. Block 21: An easement, 15 feet in width, running East to West between Lots 1 through 10, and 17 through 26, inclusive, and an easement 15 feet in width running North to South between Lot 10, 11 through 16 and 17, inclusive of Block 21, City of Okeechobee, as recorded in Plat Book 5, Page 5, public records for Okeechobee County, Florida. Section Three. Right of Reversion. In the event that the said property owner fails to obtain within thirty-six months hereof a Certificate of Occupancy for their future development, then said alleys shall be declared open and the provisions of this ordinance declared null and void. Section Four. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Five. This ordinance shall be set for final public hearing the 201h day of February, 2007, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 161hday of January, 2007. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 201h day of February, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 D A FA RiMN oMn k t?�o�a4afo IMF 4 JAW - - rl�h',+"?+�tr'"µ .®��"�7)A �i�at•`�m� ��bi��'t" I��1©+��r 11lq�T 5 t� �.. +�7�>• 1F„r��{S"^ �+S�I�J.M �®��f �,>�l�� r+t G � ��'��, `�f�+�j, -0 +r�0��', py {'�?��?FfOv /�. `I+ r I.. I:,rtY "I;k+my.... �+ !�� °`, �^r i>• `l.le� r11"�+il( +�...•> ^F'S��i�^�,' mq u'�wj$Z�tt�i 1�,�.a'i�''tk�it,�luzrEs.+tF.,L.�e4�iwn;+�,�c L,Iu,�S. ,�. �•"� ��it�_� �..�? � E� l ,�T9'r ©A..-lEa�t O��PO �I-Mrl.��}S'hrF I, Lu2T►s Lua�%c7_q authorize Steven L. Dobbs, P.E. to si n applications ad statements on behalf of InSite Developme ro p L,L4b r y-of-Qkeechobee. Sig D. Curtistulndberg G InSite Development Group CEO/President Subscribed and sworn to me before by This —day of April, 2006. Witness by hand and official seaj My Commission expires: _ P t d i u� 7 Notary Public State of F10�-4 _ er all _ Produced Identification Type o'►MiNa P coc� M CW4V`4ionMq0M a eor" April 21, 2M7 ATTACHMENT LEGAL DESCRIPTION OF ALLEY S15 T37 R35 The 15ft EW Alley and NS Alley of Block 12, Okeechobee The 15ft EW Alley and NS Alley of Block 21, Okeechobee The 15ft EW Alley of Block 4, Okeechobee The 15ft EW Alley of Block 13, Okeechobee The 15ft EW Alley of Block 20, Okeechobee This Instrument prepared by: Steven L. Daniels, Esquirc ARNSTEIN & LEHR LLP 51 SaRqrth Flagler Drive, Sixth Floor M�iV m Beach, Florida 33401 le 4620-0001 1fip1 111 FILE HUM 2006001585 OR BK 00588 PG 1621 SHARON ROSERTSONe CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 01/24/2006 12:57:18 PM RECORDING FEES 27.00 DEED DOC 13t650.00 RECORDED BY L Rucks Space Above This Line for Recording Data] Q WARRANTY DEED *INDENTURE, made this 12th day of January, 2006, between Kovach Development, Inc., aa corporation and ARTS Investments, LLC, a Florida limited liability company, ("Grantor") Site Development Group, LLC, a Colorado limited liability company, whose post office a s is .Z At I !S `I C, e _& n 9 C oLU,,j t. nV ("Grantee"). WITNE H, that said Grantor, for and inconsideration of the sum of TEN AND NO/100 ($10.00) DOLLA d other good and valuable consideration to said Grantor in hand paid by said Grantee, the re ereof is hereby acknowledged, has granted, bargained and sold to the Grantee and Granteeirs and assigns forever the fallowing described land situate, lying and being in Okeechobe nty, Florida, to -wit: Parcel 1: Lots 1 through 26, i4ve, Block 20 of OKEECHOBEE, according to the Plat thereof, as recorde slat Book 1, Page 10, and in Plat Book 5, Page 5 of the Public Records of chobee County, Florida; and Lots 7 through 10, inclusive, and Lot 11,1 11 West 28 feet thereof, together with the North 7.6 feet of the vacated alle 15 Beet wide) adjacent to said lots, in Block 29, of OKEECHOBEE, according Plat thereof, as recorded in Plat Book 1, Page 10 and in Plat Book 5, Page�,f the Public Records of Okeechobee County, Florida. Parcel2: Lots 1 through 26, inclusive, Block 4; Lots 1 through 6, inclusive, Block 11; Lots 1 through 26, inclusive, Block 12; Lots 1 through 26, Inclusive, Block 13; Lots 1, 2, 3, and 9, In Block 21, less the East 32.60 feet of said Lot 9; Lots 10 through 26, Inclusive, Block 21; and Lots 1 through 6, inclusive, Block 22, of OKEECHOBEE, according to the Plat thereof, as recorded in Plat Book 1, Page 10 and in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. Parcel ID Numbers: 3-15-37-35-0010-00040-0010; 3-15-37-35-0010-00040-0140; 3-15-37-35-0010-00110-0010; 3-15-37-35-0010-00120-0010; 3-1537-35-0010-00120-0110; 3-15-37-35-0010-00120-0170; 3-15-37-35-0010-00130-0010; 3-15-37-35-0010-00130-0140; 3-15-37-35-0010-00200-0010; 3-15-37-25-0010-00200-0140; 3-15-37-35-0010-00210-0010; 3-15-37-35-0010-00210-0100; 3-15-37-35-0010-00210-0110;3-15-37-35-0010-00210-0170; 3-15-37-35-0010-00220-0010; 3-15-37-35-0010-00290-0070. Warranty Deed/Pege 1 of 3 OR BK 0058B PG 1622 and said Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. SUBJECT, however, to taxes for the year 2006 and subsequent years; to all governmental N >ons; to restrictions, reservations and easements of record. 0 OGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in a ' e appertaining. VE AND TO HOLD, the same in fee simple forever. AN , Grantor hereby covenants with said Grantee that he/she is lawfully seized of said lands in fee i ;that he/she has good right and lawful authorityto sell and convey said land; that he/she hereb warrants the title to said land and will defend the same against the lawful claims of all personsmsoever, and that said land is free of all encumbrances whatsoever. 4� "Grantor" IN WITNESS V"OI year first above written. Signed, sealed and our presence: STATE OF FLORIDA are used for singular or plural, as context requires. , Grantor has hereunto set Grantor's hand and seal the day and COUNTY OF PG44? Q-kACA KOVACH DEVELOPMENT, INC., a Florida rpom ion BY: Edward J. Kovach, Pres MTS INVESTMENTS, LLC, a limited liability company , By: Terry Member BEFORE ME, the undersigned authority, on this day, personally appeared Edward J. Kovach, President of Kovach Development, Inc., a Florida corporation, who is personally known to Warranty Deed/Page 2 of 3 OR BK 00588 PG 1623 has produced identification as shown below, who, being by me first duly sworn and c�e�, acknowledged, deposed and otherwise stated that he executed the foregoing instrument. SRN TO and SUBSCRIBED before me this lam_ day of January, 2006. DAMU No Public Mvcol�tlseroN j Do a erg EXPIAE9c Maya, 10 My commission expires: S nruW"Pum,u y wp„ kt..y.Q_i7G�t i -� C•-� Printed Name of Notary No ,check one Person ( signiqfocument personally known to me. ( ) Person signedMment and provided the following form of identification: �' l�'�' •''� ' BitEV�1 L DANIBLB MYCOM1M88ON ExPII STATE OF FLORID COUNTY OF 45" BEFORE ME, the undersi authority, on this day, personally appeared Tent' M. Shahrabani, Managing Memberof im stments, LLC, a Florida limited liability company, who is personally known to me, or has produtification as shown below, who, being by me first duly sworn and cautioned, acknowledged, d p� and otherwise stated that he executed the foregoing instrument. SWORN TO and SUBSCRIBED before me this day of January, 2006. STEVMLDUN M ry Public MYCOWSMIDDMOM My commission expires: ExPIRE& May 8, = e�aenw►�ewyaer�umw�r� ,r �� ,, :�1' Printed Name of Notary Notary, check one: ( tPerson signing document personally known to me. ( ) Person signed document and provided the following form of identification: 10110110111111 7 E=aredby and return to Crisdus Gomez Attorney at Law CH mez, P.A. 6043 167th Street Suite A-16 Mira FL 33015 30 5 Fite N 1�1B06-162 Will Cal Parcel Ideirtit on No. 3-15-37-35-0010-0021"040 [Space Above Ths Line For Reclmd'mg Data]_, WC, Warranty Deed (STATUTORY FORM - SE=ON 68942. P.S.) FILE mU[i"1 24O60109161 OR N RO OI1760K7 PG 'P'L DKEEC R08ERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE CDUNTYr FL RECORDED 05l19F2006 02r45.49 P11 RECORDING FEES 18.50 RECORDED BYEED DOCSLORucks P9s 0875 - 876; (2o9s) This Indenture made �' 14th day of April, 2006 between Cynthia S. Baker, an unremarried widow and surviving spouse of Dewey V. Baker, tideoeased whose post office address is 2379 NW 44 Street, Okeechobee, FL 34972 of the County of Okeechobee, S j?lorida, grantor*, and Curt Lundberg, a married man whose post office address is 2 Nibllclt Lane, Columbine V , VO 80123 of the County of Jefferson, State of Colorado, grantee*, Wituesseth, that said grantor,14 do consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations ,"tor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to grantee, and grantoe's heirs and assigns forever, the following described land, situate, lying and being in Okeeebo ty, Florida, to -wit: See Exhibit "A" attached heretq$60y this reference made a part hereof. Subject to taxes for 2006 and sokucut years; covenants, conditions, restrictions, easements, reservations and limitations of reed -Njyny, and said grantor does hereby fully warrant the tit {i6 d land, and will defend the same against lawful claims of all persons Whomsoever. i « "Gmtoe" NW "Gratin" are used for Singular or plural, as context requim In Witness Whereof, grantor has horounto set grantor's hand and seal the day and year first above written. u 6 bl;- CyntMa S. Baker State of Florida County of OKEECHOBEE The foregoing instrtnnent was acknowledged before me this 14th day of April, 2006 by Cynthia S. Baker,an unmarried widow who U are personally known or [X] have produced a driver's li�bli id'fication. [Notary Seal] s Notary SOF1A pEIACRUZ /' /' / y MY COMMISSION 1 Awsd9sl Printed Name: L 2 f iG L� A4 Z arty EXPIRES. Au&7,2009 Wr39"Ia3 FW4. Neby S.M__ My Commission Expires: Z 1 00 DoubleTlmee Book600/Page875 CFN#2006009161 Page 1 of 2 Exhibit A Lot he East 25 feet of Lot 5, Block 21, OKEECHOBEE CITY SUBDIVISION, according to the Plat thereof, reco ed ' lat Book 1, Page 10, of the Public Records of OKEECHOBEE County, Florida. Lying and being in the NE 1/ on 16, Township 37 South, Range 35 East. A Street Okeechobee, Florida 34972 Parcel Id lion Number: 3-15-37-35-0010-00210-0040 0 I �f l r Cam' !f j File Number: MR06.162 9 DoubleTimee Book600/Page876 CFN#2006009161 Page 2 of 2 lngsivringrintill age I Cris�jp ��. Attor a aw C P.A. 6043 N. th Street Suite A-16 M and La 33015 305-824-1 T o File Number d146-165 Will Call No.: �J �y Space Above This Line For Recording Data FILE NUM 2006008659 SHARD14 OBERT0 ,CLERy, OGCIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 05/12/7006 12.47.51 PM RECORDING FEES 10.00 DEED DOC 875.00 RECORDED BY 6 Meabourn Ps 1241; (lees) i Warranty Deed This Warranty D this 14th day of April, 2006 between Cynthia S. Baker, an unremarrled widow whose post office address is 23 44 Street, Okeechobee, FL 34972, grantor, and Curt Lundberg, a married man whose post office address is 2 Niblice, Columbine Valley, CO 80123, grantee: S, (Whersever used herein the termsti "grantee" include all the parties to this instument and the heirs, legal representatives, and assigns of individuals, and rho successors and assigr»t;osvioratlons, trusts and trusims) Witnesseth, that said grantor, f ynnd' sideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to r in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to th tee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee )Florida to -wit: Lot 6 and the West 25 feet of LOW, Block 21, OKEECH01BEE CITY SUBDIVISION, according to the Plat thereof, recorded In Plat Bq" Page 10, of the Public Records of OIMCHOBEE County, Florida. Lying and being in the NE 1,4F$ection 16, Township 37, South, Range 35 East. aka 509 N.W.12th Street, OkeechobeC l�fC �yi a 34973 Parcel Identification Number. 3.15-37-3;"0210-0060 Subject to taxes for 2006 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to HOK 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 ]awful authority to sell and convey said land; that the grantor hereby fully 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, 2005, In Witness Whereof, grantor has hereunto set gramor's hand and sea] the day and year first above written. A- CyntA S. Bakcr State of Florida County of Ddlaaai.&rde Q 4s (4o 6 e Q The foregoing instrument was acknowledged before me this 14th day of April, 2006 by Cynthia S. Baker, who U is personally known or N has produced a driver's license as identification. [Notary Sea1] �e. NotaryPublic {� i"', e„7tc SOF7A DB LA CRUZ Printed Name: �0,414 ry � MY COMMISSION � Dr?{38934 '?err Ex Aue 7,axn My Commission Expires; 7 Nam, asrNw.eom DoubleT'arlen Book599/Page1241 CFN#2006008659 Page 1 of 1 Enared by and return to: Cristtna Gomez Attorney at Law Cristin P.A. mez, 604 167th Sheet Suite A-16 r FL 33015 305- 5 File N ? iTB06 163 Will Call fly P'1' /o FILE MUM 2006009170 OR SK 00600 PG 0913 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECIOBEE COUNTYr FL RECORDED O5/19/2006 03:03202 PM RECORDING FEES 10.00 DEED DOC M-00 RECORDED BY L Rucks Ps 09131 (last Parcel Idea ti No. 3-15-37-35-0010-00210-0070 (Space Above This Line For Recording DataL iJ L Warranty Deed (STATUTORY FORM -SECTION 689.02, F.3.) This Indenture madIi* 14th day of April, 2006 between Cynthia S. Baker, an unremarried widow whose post office Address is 2379 NW Okeechobee, FL 34972 of the County of Okeechobee, State of Florida, grant"*. and Cart Lundberg, a m ,d� hose post office address is 2 Niblick Lane, Columbine Valley. CO 80123 of the County of Jefferson, State of Colorad tee*, Wjtnesseth, that said grantor, 114 good and vahiable considerations ti has granted, bargained, and sold to situate, lying and being in Okeeehol Lot 7 and the East 5 feet of Lot Plat thereof; recorded in Platt Florkta. Lying and Being hi the a/ka 513 N.W.12th Street, Oka consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other rotor in hand paid by said grantee, the receipt whereof is hereby acknowledged, 'grantee, and grantee's heirs and assigns forever, the following described land, qty, Florida, to -wit 21, OKEECHOBER CITY SUBDIVISION, according to the 'age 10, of the Public Records of OKEECHOBEE County, f Section 16, Township 37 South, Range 35 East horida 34973 Subject to taxes for 2006 and su years; covenants, conditions, restrictions, easements, reservations and limitations of record, , and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. • "Ormtoe and'Oransee' are used for singular or phual, as context requires. In Witness Whereof, grantor has hercunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: tl J State of Colorado County of CIAlk-JUAL Cynthl S. Baker The foregoing instrument was acknowledged before me this 14th day of April, 2006 by Cynthia S. Baker, who Lj is personally known or Pq has produced a drivers license as identification [Notary Seal] . I tar SOFIA DE Noy Public MY COMMISSION* 004SSAM n � +.Aeneas' FxrlaFs: `A,e r-zoos Printed Name: tf �C.. yeg A'w _ _ soeelm rww N." S-,Iyapp, C My Commission Expires: 0 O 1 Double'linwe Book600/Page913 CFN#2006009170 Page 1 of 1 FILE NUM 2006008663 OR SIG 00599 PG 1273 SHARON ROBERTSDHY CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDED 05/12/2006 12:52:17 PM Prepd by and return to: RECORDING FEES 18.50 DEED DOC 875,00 are Crisdu omen RECORDED BY G Meubourn A& Law Pes 1273 - 1274i Upss) C a ez, P.A. 6041 )67 h Street Suite A-16 Miami VL 33015 3054DA- File N . YMBW164 Will Call No.>�% 19pace Above This Lmc For Recording Dotal Warranty Deed This Warranty this 14tb day of April, 2006 between Cynthia S. Baker, an unremarried widow and surviving spouse of Baker, III, deceased whose post office address is 2379 NW 44 Street, Okeechobee, FL 34972, grantor, and Curt dberg, a married man whose post office address is 2 Niblick Lane, Columbine Valley, CO 80123, grantee: (whenever used herein the terms 'gn;4-1�md "grant«" include all the parties to this instrument and the hcira, inset reprtuentativcs, and assigtts of individuals, and the suecesson and assim�tions, mists and trusts) Witnesseth, that said grantor, fooio�$i4.,consideration of the stun of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to for in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to th ce, and grantee's heirs and assigns forever, the following described land situate, tying and being in Okeechobee Florida to wit: See Exhibit "A" attached ber�by this reference made a part hereof. a/k/a 517 N.W. 12th Street, Okkechobe e, Florida 34973 //,, �./ Parcel identification Number: 3-15-37�.��A0 10-00210-0080 Subject to taxes for 2006 and subsd'git years; covenants, conditions, restrictions, easements, reservations and limitations of record, lf� Together with aU the tenements, hemditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to soil and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances; except taxes accreting subsequent to December 31, 2005. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Si d, se>�ed and delivered in our presence: Wi s N 'i Cynthia . Baker will= State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this 141h day of April, 2006 by Cynthia . Baker, who (_j is personally known or Pq has produced a driver's license as identification. No Sea Notary [Notary n ,y'�` � SOFIA DE1.4CRUZ Notes Publ /I D y 'A MVCOMMISSION#DDss8954 ?Tinted Name: �G/L L' iIF RFPIRES• A.$. 7. ZD09 (Mm new" wood. tauY same. — My Commission Expires: DoubleTlmes Book599/Page1273 CFN#2006008663 Page 1 of 2 Exhibit A The feet of Lot 8 and the East 32.50 feet of Lot 9, Block 21, OKEECHOBEE CITY SUBDIVISION, acco;42.50 the Plat thereof, recorded In Plat Book 1, Page 10, of the Public Records of OKEECHOBEE County, Florid being in the NF,1/4 of Section 16, Township 37 South, Range 35 East. a/k/a 517 U 2th Street, Okkechobee, Florida 34973 0 Parcel Menn Number: 3-15-37-35-0010-00210-0080 c� �U 0 File Number: MBO6-164 DoubleTime® 1— Book599/Page1274 CFN#2006008663 Page 2 of 2 �aq e 13 Page 2 t3i'L A) c° a ec-1 (I--Q&Aq.ax7. o2 61 1� lot <q ; � ,ire 11�%) -10 / 4?3 4?00� Authorized Signature Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date a s� 2 � o —I f,r �� o f �afgjQ� Ihl ty I(��FII >nMEMM Authorized Signature Typed Name & Title Phone No. Date "l4{ I r eySr• r'^Ij i C�m4jj'1. yy'' it - yy--r* O O• Y O 0 A�' Fr��%MLS ��NVy �� `�I��3fI , 4 --,-; � , 4A I, r'0,4111 114- CA-6thori ed #Ignature Typed Name itT le Phone' No. Date Required Only For City of Okeechobee & First Addition to Citv of Okeechobee suhcl'ivicinns- F s�u•`�I u e �I�Y�i1a�1��A � :.. �;u:1��.x �.l,b�i.'?U�ia�:dJ.L �I �� 1ayj 04 �� it �I� . ;....��r..:!. Authorized Signa re ��47433/Sf Typed Name & Title Phone No. // -"o -o'� Date Work Request No. Sec._ &, TwJ1 S, Rge35 E Parcel I.D. (Maintained by County Appraiser) Form 3722-A (Stocked) Rev. 7/94 EASEMENT This Instrument Prepared By Name: JONATHAN HARNER Co. Name: Florida Power & Light Comoany Address: 3301 ORANGE AVE FORT PIgRCE, FL 34947 pg — of_. The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement _ feet in width described as follows: 'w 0(v'�ej F414 FILE NUN 20ID6017717 OR B K 0117-:614 F'G 4242 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 10/23/2006 12108:22 PM RECORDING FEES 18.50 RECORDED BY G Mewhourn F'ss 0242 - 243'r (2p9s) Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrum o 200 Signed, sealed and delivered In the presence of: (Witness' SIInature) Print Nam �l eve A L .l16.5 . f . F- (Witness) pj itn n Signa re) Print Name: . )h 0-wi t' 4( �finer (Witness) By: G ntoe Print Name: Print Address: By: (Grantor's signature) Print Name: Print Address: cA WV XE OF rL _ AND CO NTY OF it & . The foregoing instrument was acknowledged before me this day of , 20 , by 11C C , and who is(are) pers ally wn to me or has(have) produced ` as identification, and who did (did not) take an oath. (Type of Identification) My Commission e SHANDA R. WAUCOz -mow NohryPu*-SIMofFo1M1 4Not.arylic,gnature ' �( ANCon+mlWNEk*uJ113.200i Print Name C0MmWWN / OC 4tlM ' Bondrid N�onM ANn, Book614/Page242 CFN#2006017717 Page 1 of 2 P e l.5 TPage 2 of 2 EXHIBIT "A" Section 15 Township 34 S, Range 35 E (}� County, Florida Scale: FPL Work Request No. Indicate North Descriptions: An easement, 15 feet in width, lying in Block 21, "Okeechobee", according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida. Said easement occupying lands shown as a 15 feet wide, East/West alleyway within said Block 21. Said easement being bounded on the North by the South line of Lots 1 through 10, said Block 21, Bounded on the East by the West right-of-way (R/W) NW 51h Avenue, bounded on the South by the North line of Lots 17 through 2, said Block 21, and bounded on the West by the West line (and the southerly extension thereof) of the aforesaid Lot 10, and the West line (and the northerly extension thereof) of the aforesaid Lot 17. An easement, 15 feet in width, lying in Block 21, "Okeechobee", according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida. Said easement occupying lands shown as a 15 feet wide, North/Southt alleyway within said Block 21. Said easement being bounded on the North by the South right-of-way (R/W) line of NW 12t' Street, bounded on the East by the West line (and the southerly extension thereof) of Lot 10, said Block 21 and the West line (and the northerly extension thereof) of Lot 17, said Block 21, bounded on the South by the North R/W line of NW 11t' Street, and bounded on the West by the East line of Lots 1 through 6, aforesaid Block 21. STATE OF FLORIDA OKEECHOKE COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT Copy OF THE RECORDS ON FILE IN THIS OFFICE By DATE,,,[ Book614/Page243 CFN#2006017717 Page 2 of 2 Paje.l6 If xpeJltion Surveying & Fngineering, Inc. 09ice: 3o+ NW 5" 5trcet, QLeec�o6ec Legal Description Report Date: July 25, 2006 To: Rudd Jones, P.E. & Associates, P.A. Re: UTILITY EASEMENT FOR SOUTHERN TRACE ESE Job Number: 05.0065 Descriptions: An easement, 15 feet in width, lying in Block 21. 'Okeechobee", according to the plot thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida. Said easement occupying lands shown as a 15 feet wide, EasWWest alleyway within said Block 21. Said easement being bounded on the North by the South line of Lots 1 through 10, said Block 21, Bounded on the East by the West right-of-way (RAW) NW 5th Avenue, bounded on the South by the North line of Lots 17 through 2, said Block 21. and bounded on the West by the West line (and the southerly extension thereof) of the aforesaid Lot 10, and the West line (and the northerly extension thereof) of the aforesaid Lot 17. An easement, 15 feet in width, lying in Block 21, "Okeechobee", according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida. Said easement occupying lands shown as a 15 feet wide, North/Southt alleyway within said Block 21 Said easement being bounded on the North by the South right-of-way (R/W) line of NW 12th Street, bounded on the East by the West line (and the southerly extension thereof) of Lot 10, said Block 21 and the West line (and the northerly extension thereof) of Lot 17, said Block 21, bounded on the South by the North RAW line of NW ti"' Street, and bounded on the West by the East line of Lots 1 through 6, aforesaid Block 21. xpCciitrvn 15t,)r'Ve-q'ng & ngineering Inc. Mail: cost ()ffiee E>ox 161 a - QLeeci�obee, �� j497j-1 6 1 0 (Voice) 863-W-6688 (rax) 863.357-66" Voice Data I Internet I Wireless I Entertainment June 8, 2006 Mr. Steven Dobbs Rudd Jones, P.E. & Associates, P.A. 210 NW Park Street, Suite #204 Okeechobee, FL 34974 Dear Mr. Dobbs: EMBARQ;" Embarq Corporation Mailstop: FLAPKA0305 P.O. Box 165000 Altamonte Spgs, FL32716-5000 EMBARQ.com I am in receipt of the material you faxed to me on May 30, 2006, regarding your application to close five 15' alleys in Okeechobee, Florida. The alley in Block 21 has Embarq cable, which provides service to 4 residences. Embarq Florida, Inc. has no objection to the closing of the 5 alleys listed in your application, on the condition that an easement will be granted to Embarq covering the alley that is currently in Block 21, Please call me should further discussion be needed. Yours truly, John Hopkins Voice: (407) 889-1627 Wireless: (407) 694-8340 Fax: (407) 889-1636 Donnie Robertson, Public Works Date Oscar Bermudez, Engineer Date ALANGAMIO A, CMC, CITY CLERK DA E Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: January 04, 2007 Re: Alley - Closing application from InSite Development Group, LLC. The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alleys. We are aware of the critical drainage problems on City of Okeechobee City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future Master Drainage Plans for the City of Okeechobee is presented. It is the Engineering Department's opinion that the City of Okeechobee Council shall be very cautious before approving abandoning any Alleys. �d9181 71615141312111 W11W9181 7181514131: ALLEY CLOSING APPLICATION NO. 85 i l l 1 f411�t 1 1 1 z, - <, 141b181 1e1920 21 4 SUBJECT PROPERTY F9 NW 17TH ST Ea0me0�� o:Eeran�m �i�ae�n�aa SURROUNDING CLOSED STREM'' �I ,312i� I It11o�9�8 7 8543: 141• , 5,1' 817is'19 20 21 4' . NW 16TH ST I III I I I I 1 , 1 131 1110 9 8 7 8 5 4 3 2 1 Ill 4131211 10 9�8�7� 2 c -- ' 141b181 1819 20 21 4 1 1819 �JZIH2-3 4 3 11U' l NW 15TH ST �— 8 7 c 3, 13121, 1-,1.1.�10,9,8 7 8 b 4 3 2 1 181 1�4h I'2h1 10 9,8,7, 2 �--�-L1 4 tf i 4 20 21 1415161 1819 20 21H4�11 1718"19 21 23 4 b �F 8 a �owoo�0o Maras:��a E�IINIII � liirl�3�10 o ®Kip®�ao�000��o = Idlll�� 10�01l1{��I imomo�'es�uo NW 10TH ST (100') �IB1019�1 COMMON 1111111111111 MINIMUM- -MVW ST (701 Construction Plans and Specifications For Southern Trace Lying in City of Okeechobee, Florida Section 15, Township 37S, Range 35E 9EACN LOCATION MAP pr� Rudd Jones, P.E.& Associates, P.A. ' Consulting Engineers 210 N. W. Park St., Suite 204 - Okeechobee, Fi 34972 _ Phone: (863) 467-0076 FLO CHii1 MOF AUTHOPpA N 00006tU! VICINITY MAP N.T.S. NOTE: THESE PLANS ARE IN ENGLISH UNITS. THESE PLANS HAVE BEEN PREPARED IN ACCORDANCE WITH AND ARE GOVERNED BY THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ROADWAY AND TRAFFIC DESIGN STANDARDS BOOKLET- LATEST EDITION. (2884) ALL ELEVATIONS HEREIN REFERENCE N.G.V.D. 1929 DATUM INDEX OF SHEETS SHEET No. SHEET TITLEMESCRIPTION i Cover Sheet 2 Existing Conditions, Clearing, Demolition, Wind and Water Sediment Control Plan 3 Site Plan - Horizontal Control and Striping Plan 4 Grading, Paving and Drainage Plan 5 Water and Wastewater Plan 6-7 Sanitary Sewer Profiles a Grading, Paving & Drainage Details 9 - 10 Water and Wastewater Details 11 General Notes and Specifications GALL 48 HOURS BEFORE YOU DIG IN FLORIDA 1-800-432-4770 r STHEl " SVISNINE SFATE ONE O OF-M& RIG Southern Trace - Job No. 2006-202 FLOATING _ FLOATING o FLOATING ��^' ae TURBIDITY- TLuxBlDnv a ® H W 7URBIDRY _ _ _ _ . — " — — T'- — — BARRIER BARRIER . — . — . — . — _ .— . . — CRV LIMBS DRCH' _ — _ JTI — — 6 m — — — 'A W — ' a= .6 rrc _ r— — 4. uwraE ms� _ — _ _ _ _ _ _ a ♦ .�.^ ♦«— a�—+ ; a r` —per O W C x 0 -- +F+ --- — -- — — _ �� {1� net• �-• LEGEND 0 7 ; O a� ------- PRGPERr�� t • •I � ��4 � � a � z �O SLTFBILE I k I J •i c ® n3EPHOnE RISBt = I I I K � �' _______________.�__ E106IwG WpTEAMAlry NiO GATE VRLVE(TO REMPIN) "'�""_'� Ii �� 1 iLKE _ 1 6wsnnc wnT6Rn+om nrvo care vuv6 (ro e6 RQdGVEG) 1 �'�• I I • • I}a I ---_--------05 F�usnrvc su+rrartv sEwEa um nwa�ac 1 ".�� y ousr Rvntr�oncr Row oo ee Renov6ot :i 1�. 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CONG SIDEWAUCIGwvEWAY I I 1[, ' NNJV=17.50 1 pl II � I I I �� RIGHT GF WAY I M ' I I p _ CALL 11 HoNRS BEFORE - ®-' I I , PROP LAKE I I I I 1 i YOII DIO BI fl.ORIOA ' I I I — — — - PEitIMETEN BERm,MIN ELEV=ze.lr8 I I ____- jrQ1 � INV-24 20 LF OF 218 AC ®CONTROL EL.-2fiW U800.432 4770 I I I M _ 24 -W TOB EL. 29.00 I N 4 I I 1 110TXElMI PROP mler ANO SLIXiM PwE I 1 1 GONG CO R GS8% OFFLaNBA IIF ; I 1 � ---- Ew5i1NG WERIfGD UTILm unE PERIMETER BEIOEI �_----_--^---- -`--^----- --^_--__- ----------- �I III TOP EL=29.71 MIN 1 1 �J ,TIETOB PHASE TIE TOBI I 111� [ `24•R eu �wGz33}t11 BUItGwyl tzl rtSAE 9U w5+3 UVBS l.E [IIILGt E31N `5 A-F III II. � �I 13I 7a i TOE TO BEGIN AFTER BLOCKS 11.1 Z21 AND0 IF�6b0 FFE310� I 9 . I INTO EXIST AND 22 ARE REZONED AND THE TYPICAL i 4 INTO EXIST 3 s ¢ t$ FUTURE LAND USE HAS BEEN PARKING i a CHANGED TO PIMP LAYOUT I GMRIIC 1CAlE 1 1 1 _ _ _ 1 EXIST ' °,• `..x _ a s • < ` < «a6., Jn REGF ETOB TO PROVIDE 4' 4 ,>e 4•Ia m f -:. s + �; rxz _ �. •_ ti - PI I I t IIA FROM BACK OF Fir i' 1 1^I� � s x 1.. k �t < s rS � ; ,reui� I � i , e•I:W�D�m4 � 0 1UNi M„Ga 1 t F 1Zl W5�3E OFF W � }30. i•M � .W( i i �'i�'`€33jp�,AE 'Wf MES INV?2850 II� i TIE TOB ri t4,F '7 y �� ,9 x°i BG F«Jijyfi �j�j� �Cc '-< - eY1��M��ttY11;5j�W 1 1 fk4FE Z Btl 11 IT�Af 2 /1LLONG,11N[R Af III INTO EXIST s<<Y f 1T2iF 1 F <FF.E 3^�1�..< 'n.' 1FFE-3t10 i, 1• i Itt 1 X t _ �-----mot ----= I - � �@Z9 ---� � WT1T111 AREA -� I BOR NtEn 18'RCP@437% I 'r < l BGT,OM AgFd' ..RCP (�i. ��F ( , 7% asf Ac / Wlt1ESu.W.�2850-.} t - 1 L LwIMEswV.=.z66D _ - 1 a,-�1m--� i-- ------ ------ � 1 I -r � �II zsm l I ox ne lal 1 - - - - _ - - -' F r -- 03 1 III 5 33LFOFteI l Bo.TomE -z7W _ - ---�/ I 1 MODIFIED $ m -W/MES INV 18' • - 1 133 LF OF 1 l @0-TOm EL . 7. 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REGRADE TOB .t < � r iG)�E �Fzt E FROM EOPTO E$ x M. . . . r L- - - I- �'a5og -- I >zi 1H 1C :aMEE t�A•1:k3.41• I I �' BGTFou AREA 18' RCP aa7% --s➢.CQ__J._ 0]l AC _—.-�YV/MES INV.-,26.50, 1 £ C -133LFOF 18'.F-801-IGL1 ADS 000% L `;N`il � — — -- -SSA <. 1 -----I — — N Z MES=26so \`------- r— ' i � II; � m 0 W BO7TOM APFIe- RCP � tt74 BY(MEg 9�YY _E0 } 1 i 9,Ab43S GD% l � r J f I WA ''sir t-.s-I^ , F9 ''� 'll IM1°ILG<5 s <BJ V 3ik•i r « _. a < < < - '<I _ y < •. ( ' Sq YPOF < I i ,. .Ip #p` I i I 1 , .tll% i ` 1 ,„ FE�1.t F f Burcmwp az� �cr'.Ei ,o i 44FsiEa 1 <172 LF AF i t I II I Z V IL i Z 6 ? V J W a W + t FF. MEIS I 5101 L Q s,. SAYlCUT ST PVMT $ = W f xnr Issue -a _ —�- 81 j—x�7Z y .. as;<,STORM < < x p s < r..��..^v- �---�. -r-.� c.^' - '----_ R � �- �6ERM I I'' I 71 REPLACE � 0.0%F E cC~ a 0 W TOP EL 29.70 MINI r III I VVITH ELEV P) ME ��ST� LL U O III II 1 �' 11� I 1 IlII li I I+� Iill E Jm@ ioor.Fc II ii i�l� 4 GF �� -- -- --- --- ®a�ml W m : LEDEND � b b � o x 4 n I I —___---------------------------------_----______ --___, JLL� = I• I aYcitn `.%Tr.:9�Z ASPIULTPAVENENT I r- 1 _ I Q _ e ;-•i f I v PROPOSED IR y NOTE I I 7 V= m EwsnNmM 1 ALL FIRE HYDRANTS TO BE IN OPERATION - 1 I IL m p w a av ar I I ,s csANDam PRIOR TOI I I I '90 M N 3 o a 1 I: COMMENCEMENT OF BUILDING COMMENCEMENT, L= PROPOSED WATERMAIN 1 ; I y •• I I • I — —ears— — EXISTING WATERMMN (TO • I I @ : I 1 : 1 CyJR ORAWM,E WLVHTf I i 9 ,� I � I ` i i /f3 63 LF OF I I 1 ' 3 LF OF , ' 3571LFOF 8`PVC CLFJVyOUT 355 LF OF t� 1 0040%1 .� l INV=iiiiii4.00 PVC 9AN 400 LF OF 2i I 9 yl I : I ®0.40% 'PVCSAN SAMPLE POINT42 1 # } t ! I _` wNMEsnle — — - - - - --- ? . > z _ cLeANourFILE Jill € gs — . r 4NV=ei4s< j wcseN SEMBLY a3 a , " HYDR/WF FIRE' ' '� 'CONNT TO � i 1 - "k' FIRE HYDRANT EC a • a , ASSEL�BL�' s'r 3b• Wp/' - 1 i im x 6•{rEE t I ETgt ^s � a � � I } � o• Gv 1 i e^ s^ . sdv TV SA j IRE H' RMIi j [ i i MW LE POIP�T TOG a 12' FM I y3 EXIST 6' 6• 384 LF Of 3]'I Lf OF - ' I I 376LFOF PVCSAN 6'PVC t 370 LF OF m METER �PVC 040% ' 398LFOF. - ' Q0A0%SAN • BANK (TYP} I 8 RVC i EXIST - ----- m ; .cl y < a. a IN' 20.01 0 OF 8•PVC ; 1 E�usrs+w i-'a i ; � Y#4 + 6!Gv '+ IRE HYD ! } T ,� ZQ5 CF OF - 3COINECT TO I ! ! I 5l4M1WLE POINT aS 1 I p - _ RATRVO �0. 5'AN 0407Q. i 1 SAMPLEPOINTW4 ( I I I }' VFM 0 ST' ME ER i Eaou+Tare 1 a CWl m W a" 3 a I z i enfac([ve ell FIR�HYdennr d O 1� 4 � . a �1Y 1 0 3 p. . , ° � ! PI Aa^ 4 . } e . y 3 r t Z W H a� �.... - - X FIRE HYDRANT�.- 169 LF QF .f. ASSEMBLY MB 400 LF OF ' 6• PVC T C Ila Z f 247 LF OF I i 0d09G 400 LF OF I _ Q I WC SAN 6•PVG SM I" PVC SAN 1 4 238 LF OF € _ I 1 0 0.40% ! a. I CALL 48 HOURS BEFORE @ 0.40% I� f' EXIST 10.40% I I t I PVC SAN o.4ox 111 YOU DIG IN FLORA wRE w arv.' zl - i a' sT 1 FQ Q 1-800-432-4770 o ; R'a Tl�uw1 t S': I 1 I J BUNaXWE STATE ON! fN1 OF FLOROq a1G I i I ' � s ,GaX0.2ooe-zoz axeer S GF 11 J n ,ago Rudd Jones, P.E. & SOUTHERN TRACE S CALE °^^ Associates, P.A. FICATION m $ FOR INSITE DEVELOPMENT �"Consulting Englnee�LOCATED IN THE CITY OF OKEECHOBEE, FLORIDA N.W. Park Street. Suite 204 xe ixex ox Okeechobee, F1;3AY72 -�r ...,SANITARY SEWER PROFILES T" °`"� Phone883 -0078 oox; pw°RdN N0. DATE BY RENlMHl9 � ° A n m m wZMELD37 � = y n 11 D "= o m Inver In=15.3/ Invert Ie Inver) O-W=16,16.21 21M Inver) kM4.61 rwvoanen.remrxuverxrre mxebn xxorerpY reuearww,we,uu wnurxra nexee,.�NlrMre oxlr rarrxeurbrgruerou uecuxrra wwcx I, w. uerusn. reuu or.xo wmorex xtwxce ex r,u. eow.ru xmeyrvwmrex.u„pwntpxueuprtpn.vwmpxe.r4.xru.ewnxorruwnvrowwe.nxea ra.uwu.tn.racoxw�np ypwe�. SOUTHERN TRACE SCALE I" � FOR INSITE DEVELOPMENT VERIFICATION Rudd Jones P.E. & ' LOCATED IN CITY OF OKEECHOBEE, FLORIDA ww�.r Associates, P.A. Consulting Engineers eouo our ueouu. er.auo.r� ' I+ ro ow err ox �+ SANITARY SEWER PROFILES a fta _ N.W. Perk meet, Suite Yoa ao.ruer,u ,� ~ Pho-*JB83487-0078 NO. Dare BY REVmm �� 6 STOP SIGN LOCATION DETAIL STOP n ; DETtuwroP awn STOP BAR a b E m� SIGN DETAIL N>au, TYPE "E' INLET DETENTION AREA CONTROL STRUCTURE TYPICAL TRENCH DETAILS EACKFILLING REQUIREMENTS 7W TYPICAL SECTION ASPHALT PAVEMENT SECTION N� atw a �rc SAW CUT DETAIL vnwEs vuaEs t 1%MN t%MN SIpEWN% amEWILLN (sEE LOf(sm V.N6 aGTM)N VNLES �I (Sff PLAN) 700' TYPICAL SECTION SECTION A -A SECTION B-B 0.0 50.0 100.0 150.0 Gw.0 SECTION Y-Y EmT S-EV 1 a. 4 N g : S elac 0 s o » a 30di raCZ MEET YWm��m YamYY.a..m.aE POTABLE WATER PRESSURE TEST CRITERIA WATER MAIN, SANITARY SEWER & STORM SEWER CONFLICT . ` M-a a tia x — � ':i meM. YYmt .I KL Y.Y aau mMYY m mm s nso. +YYo. nr[n .Cc yy��Y�.yei EmQ� wouna i mu . ms...n.vY.0 ..c aM11YYY �m� �n � E+rttla M vc.ea uK Ysvp n aY• �.LL a .pa yaYS lMo 6maYia emYv m TYPICAL TRENCH DETAIL WASTEWAT LAI L M3L GRAVITY WASTEWATER MAIN YJ. QIT}IY6M mEEYE 1 I � LYTM E1TiNf MEGALW:8 MEp1111L u.®t m.x.a wnn YWtEYmeRiva.a ....-...e...o•wwimww YimeomprRunr..uWe4AM8LE� YO WYa£c�q MYtm.Y ��n'�+-.YE.me�4. mn.E rauM. E/MnllfsrYpvml YL 1. YEGAWGS dt EOIIAL ME m?Wi1tED T.Mp11Gn0YIAS5EYBLY- ya®yam__ __ eeazr�rwa DUCTILE IRON -MECHANICAL JOINT (FORCE MAIM WASTEWATER SYSTEM STANDARD CUT -IN DETAILS ��a.e�L�A,�MMY�W�YYYYWY, umrtWnEs, mAnsoeYYs, OR MYY)t E¢E1 Waee.Y.wmAmeLMYY. a nEcwaraEYAm®r. a nc uEVE.enro..YaaaAammYE YMI,.E YE.aY,.,E .. �,..Y Y„Y E mwYu� F GEYgY, Y , M•,� �, MCEWAm. Y.[puCOY„m1CiN1„E,/M1,IIE,� ,..LM�,m�„ YRN Y) IACHII MMFJfpllYm Ym,neAeEren.nY LE��F oBCEC..MISYY��PGI®.R1'mYLLEMBf.LLID TYPICAL CLEANOUT INSTALLATION [48 OUR, go � Joao 1-6g0-+ YID x — %LL I�d x'�p€gaBs c Wo F LL cWi d m 3 �QQa0 FWm ID ZWo ;a 3;;W U_F FA W Co R 0Q 3 J i 91�f OF avm Y w•wre valve Yr" YVL 9gltl P.v.G Wirc c`otw:wicrel wmuc�ro 34- PacwaxrwYSResbxm+vw PmaNe.a — -- — t— NMe.„RaP.aPo,e ,. ntPa.rN,w�e �ammQ Ul. �RreRA.r=P� POTABLE WATER MAIN TYPICAL SAMPLING POINT LPM OF MNIMUM UMOSSTRUCTED SPAfEZ .afM uvr tr 1RAll4iORMER PAOtWIT. VALVE EN ETE1I80%(TW.1 J\ M PAVm AREA) 11R'ORr PVC (r DEPI" r PVC ERO EACH SRM+CR W A (!e•YN. LOCNN6 PACK JONT YO CURB STOP jTYP.I 1'PRESSURET 4MM COYPRE89IOR Y8ILLLVAIVE (fJ1EA0 oIav1 W,corPR�NOR FRTROS ARo vu.vE eox wneECEssEo mmEmAP I Yet x•(TYP.1 ePvc pG MAL OWN CENTERED«, BRANCH ASSEMBLY POTABLE �r =� J� WATER MAN � SEE TYPICILL SERVICE NSTAWITNNI wrT '. vAV�BIB1TUYfe01K PVG NADIfWpl InwTNN YIYf wRRr Po,oTa uNTNu,YCpNRGU.I�Ttl.roavOY5B6KE sPemNfJ.$1GlPly®t -wRY.DMeY {OBDYyerlwraNDOR9ReWAVtuENrta�OR . oMvewav o8 YxvrMx Y N w.a s-.,YNw uNanrY,amePAo-w al,maow aPwam C AeaYlm eacNSLow vMryeTlaN AsaaYL e.,,ALTST. a TYpCALYDWNR NmauwnoNNNAasaPVLr. A r�oa eLaeuPwPeenomlYlaR Aa�cxff xeauwTNN eerao v.dS111lElEet ` mw �wamvoRA�I �sroP aluum;r�saR�Ie wasa�x� WOgaeggy®eiRYOBARIIBR. ANo onm RnNasawLN;zrwAL.,wAr.m �- YAxm.R roe.Y OR.AAm,'reraeYa,�cm�n®roaaNlze r fBWN:B LNB 91 d 311 Q WO a 0 Z6 3 �00 W H FWD a� W � Wa �. =Wo Z F� H a ozi W o WR a ao 3 J I POTABLE WATER TYPICAL CONNECTION FOR TYPICAL FIRE HYDRANT INSTALLATION WITH BOLLARDS 10 oP 11 MULTIPLE SERVICES (2 OR MORE) GENERAL NOTES I. Contractor is responsible for checking actual site conditions before starting construction. 2. Any discrepancies on the drawings shag be brought to the attention of the engineer before commencing work 3. Cormactor shag obtain all required bulding permits beforecommencing work. 4. Contractor shag beresponsible for to a n of al existing utirdss. The contractor shag contact all concemed utilities at least 48 hours in advance for construction operations. 5. No field changes or deviations from design to be made without prior approval of the engineer. 6. All construction shag be completed in accordance with the applicable ordinances of the City of Okeechobee Florida. 7. Contractor shag supply density tests to engineer on all sub -grade and base. Tests shag be prepared Par AASHTO T-180 method. 8. Slope grades from elevations shown to existing grade at property fine. 9. Engineer shag be notified at least 48 hours in advance for any inspection. 10. All traffic control devices shall be in accordance with M.U.T.C.D. Standards. 11. Erosion and sedimentation control techniques shag beincorporated during construction as follows: (1) silt screens shag be maintained at the project perimeter. (2) No off -site discharges shall occur during construction. In the event discharge is required, hay bales and/or turbidity curtains shall be Incorporated at the discharge point as necessary te control turbidity. tROSION AND SEDIMENTATION CONTROL NOTES Construction activities can result in the generation of significant amounts of pollutants which may reach surface or ground waters. One of the primary Pollutants of surface waters is sediment due to erosion. Excessive quantifies of sediment which reach water bodies of floodplains have been shown to adversely affect their physical, ololog,oal and chemical properties. Transported sediment can obstruct stream ;hannels, reduce hydraulic capad ty of water bodies of fkodplains, reduce the design capacity of culverts and other works, and eliminate benthic invertebrates and fish spawning substrates by siltation. Excessive suspended sediments reduce light penetration and therefore, reduce primary productivity. NINIMUM STANDARDS: 1. Sediment basin and traps, perimeter dices, sediment barriers and other measures 'tended to trap sediment shall be constructed as a first step in any land -distributing hctivity and shag be Trade functional before unslope land disturbance takes place. L All sediment control measures am to be adjusted to meet field conditions at the me, of construction ant be constructed prior to any grading or disturbance of existing urface material on balance of site. Perimeter sediment barriers shag be constructed o prevent sediment or trash from flowing or floating on to adjacent properties. . Pamanent ortemporary sari stabilization shag be applied to denuded areas within even days after foal grade is reached on any portion of the site. Temporary soil tabdization shag be applied within seven days to denuded areas that may not be at net grade but will remain undisturbed for longer than 30 days. Permanent labilization shag be applied to areas that are to be left undisturbed for more than one During construction of the project, soil stockpiles shag be stabilized or protected I sediment trapping measures. The applicant Is responsible for the temporary fection and permanent stabilization of a1=1 stockpiles on site as well as sell ntionally transported from the project site. A permanent vegetative cover shag be established on denuded areas not arvdse Permanently stabilized. Permanent vegetation shag not be considered nblshed until a ground cover is achieved that, In the opinion of the Reviewer, is ben, mature enough to sur"I a and will Inhibit erosion. Stabilization measures shag be applied to earthen structures such as dams, dikes diversions immediately after installation. ox"we 'a corm MINI; REOUOV a - - oue�®kw m..rr�aeru ueo ,� canto onto �.� eerwore.moos®a.rk.wnhranrww.rowr,z..aF menrarmroxe carat ro.rvn.ecrff>,wwunmw EROSION AND SEDIMENTATION CONTROL NOTES - (continued) 7. Surface runoff from disturbed areas that is comprised of flow from drainage areas greater than or equal to three acres shall be controlled by a sediment basin. The sediment basin shad be designed and constructed to accomnwdate the anticipated sediment loading from the land -disturbing activity. The ouffall device or system design shall take into account the total drainage area flowing through the disturbed area to be served by the basin. 8. After any significant rainfall, sediment control structures will be inspected for integrity. Any damaged devices shall be connected immediatey- 9. Concentrated uncif shall not flow down cut or fill slopes unless contained within an adequate temporary or permanent channel, flume or slope drain structure. 10. Whenever water seeps from a slope face, adequate drainage or other protection shad be provided. 11. Sediment will be prevented from entering any storm drain system, ditch or channel. All storm sewer inlets that are made operable during construction shall be protected so that sedimend4aden water cannot enter the conveyance system without first being filtered or otherwise treated to remove sediment- 12. Before temporary or newly constructed stomrwater conveyance channels are made operational, adequate outlet protection and any required temporary or permanent channel thing shall be instated in both the conveyance channel and receiving channel. 13. When work in a live watercourse is performed, precautions shall be taken to minimize encroachment, control sediment transport and stabilize the work area to the greatest extent possible during construction. Nonerodible material shall be used for the construction of causeways and cofferdams. Earthen fill maybe used for these structures if armored by nonerodble cover materials. 14. When a live watercourse must be crossed by construction vehicles, a temporary stream crossing constructed of noneredible material shad be provided. 15. The bed and banks of a watercourse shag be stabilized immediately after work in the watercourse is competed. 16. Periodic inspection and maintenance of all sediment control structures must be provided to ensure intended purpose is accomplished. The Developer, owner and/or contractor shall be continually responsible for all sediment leaving the properly. Sediment control measures shag be in working condition at the and of each working day. 17. underground utility lines shag be installed in accordance with the following standards M addition to other applicable criteria: A. No more than 5001inear feet of trench may be opened at one time. B. Excavated material shag be placed on the uphill side of benches. C. Effluent from derwatering operations shall be filtered or passed through an approved sediment trapping device, or both, and discharged in a manner that does not adversely affect flowing streams or off -site property. D. Restablizabon shag be accomplished in accordance with these regulations. 18. Where construction vehicle access mutes intersect paved public roads, Provisions shall be made to minimae the transport of sediment by tracking onto the paved surface, where sediment is transported onto a public road surface with curbs and gutters, the road shag be cleaned thoroughly at the end of each day. Sediment shag be removed from the made by shoveling or sweeping and transported to a sediment control disposal area. Street washing shag be allowed only after sediment is removed in this manner. This provision shag apply to individual subdivision lots as well as to lamer landdisbib ling activities. 19. All temporary erosion and sediment control measures shall be removed within 30 days after final site stabilization or after the temporary measures are rho longer needed, in the opinion of the Reviewer. Disturbed soil areas resulting from the disposition of temporary measures shag be permanently stabilized to prevent further erosion and sedimentation. 20. Properties and waterways downstream from construction site shag be protected from sediment disposition and erosion. 21. Phased projects should be cleared in conjunction with construction of each phase. 22. Erosion control design and construction shall follow the requirements in Index Nos. 101. 102 and 103 of FOOT Roadway and Traffic Design Standards. 23. The Reviewer may approve modifications or alter plans to these erosion control criteria due to site specific conditions. TECHNICAL SPECIFICATIONS Seed, Fertllae and Mulch: Ali disturbed areas shag be stabilized with lead, fertilizer and mulch upon completion and acceptance by Engineer of final grading. Seed, fertilizer and mulch shag be in confonnarwe to FOOT Sections 570, 575 and 981. The Contractor is responsible for establishing a stand of grass sufficient to prevent erosion and to allow removal of the temporary an fences. This applies to those areas not covered by the sodding specified above. Testing: The Contractor shag secure the services of an approved independent testing laboralory to conduct all required testing on sub -grade, base, asphalt and concrete. Locations required for these tests shah at a minimum be as required by the City of Okeechobee. Engineer may require additional tests. Should any tests fail, contractor shag at his own expense, repair the deficiencies and retest the work until compliance with the specifications is demonstrated. Traffic Control: The Installation of Traffic Control Devices shall be in conformance to the requirements of the Manual of Uniform Traffic Control Devices and fire City of Okeechobee. Drainage Improvements: All labor, materials and construction methods shall be in conformance to the minimum engineering and contagion standards of the City of Okeechobee and FOOT Specifications. Trench excavation and badk4iUing operations shag meet or exceed the requterrents of FDOT Specifications, Section 125. The Contractor shall provide the necessary back -fill compaction testing required to demonstrate compliance with this section- The pipe bench shag be dry when pipe is laid and the pipe shag be bedded perthe details and per FOOT Specifications. The Contractor shag comply with Chapter 90-96, Laws of Florida, which requires the Contractor performing trench excavations over five feet In depth comply with all applicable trench safety standards and shoring requirements as set forth an the Occupational Safety and Health Administrations (OSHA) excavation and safety standards, 29 C.F.R. 19926.650, Sub -part P and incorporated as the State of Florida standard, as revised and/or updated. The cost of compliance with this requirement shall be included as a separate line item on the Contractor's bid. Otherwise, Contractor certifies that the cost of compliance is included in the unit cost of all items of work to which this requirement applies. Corrugated Metal Pipe (CMP/CAP): All CMP shall be aluminum ahoy, round, hefi al -wound corrugated pipe confirming to AASHTO-M 196-74 and FOOT Section 945. Pipe ends at joints shall be reformed to annular corrugations for the complete band width. All pints shall be soil -tight AN connecting bands shall be corrugated annular coupling bands. A Neoprene gasket of at least 7 inches wide by 3/8 inch thick shag be used for all pipes of 36-inch diameter and smaller. Larger pipe saes require gaskets of at least 10-1/2 inches in width. All CMP shall be installed at maximum lengths to reduce the number of joins. Advanced Drainage Systems (ADS): ADS N-12 pipe shag conform to conform to ASTM and AASHTO standards, all joints shall be sat-tighL Installation shall be par manufactures specifications Reinforced concreb pipe(RCP): AN RCP shah conform to the requirements of FOOT standard specifications and shag be Class III. Pipe joints shah be rubber gasket)olnts and the pipe joint shah be manufactured to meet the requirements of ASTM Designation C443-74. Inlets: Precast catch basins shag meet the requirements of ASTM Specifications, Section 425 and the requirements of the City of Okeedrobee. Concrete for catch basins shall have a minimum compressive strength of 4,000psi at 28 days. All grates shah be ditch -bottom type, cast imn, traffic bearing (14-20) design. As an alternate, round sd uctures meeting the FOOT requirements may be substituted provided the rectangular tops are provided. Trench Baddil shall be as shown in the Drainage Dells. In addition, testing under paved areas shah be as follows: One test location midway between structures and one test location adjacent to each structure. Engineer my request additional locations. Testing in each location shah begin In the first foot above the culvert with less every two feet to within two feet of the sub -grade. Density shah be to 100 percent of maximum as detemgned by AASHTO T-99. Clearing and Grubbing: Clearing and grubbing shall be performed within the limits of the project work in accordance with Section 110. Florida Department of Transportation (FDOT) Specifications. This hem shah Include, but is not limited to, the compete removal and legal disposal of all trees, brush, stumps. rocs, grew, weeds, rubbish and other undesirable material to a depth of 18 inches below natural ground cr proposed finished grade, whichow is lower. The areas to be cleared generally consists of the entire she except for existing improvements and adjacent wetland/preserve areas. Careshag be taken to Isum that no preserve areas or wetland areas are impacted by the clearing operation. Prior to initiating the clearing operation, all adjacent wetland and preserve areas shag be marked and flagged in accordance with the City of Okeechobee and SFWMD requirements, and shag be approved by County Planning Staff. If required. AN such areas Immediately adjacent to the clearing operation shag also be protected by the installation of temporary sit barriers, as shown on tithe drawings, In accordance with the requirements of the City and the South Florida Water Management District (SFWMD). Further erosion control shot be accomplished by seeding and mukhiog at disturbed areas as soon as they are at final grade, par the specifications for seeding and noukching. TECHNICAL. SPECIFICATIONS (continued) All material shall be removed from the site and shad be legally disposed of in accordance with all local, state and federal requirements. Organic Material may be burned on -site provided Contractor obtains any and all required bum permits. Any untamed remains shag be disposed of off -site as specified above. The Contractor shall maintain all storm -water on -site during construction to prevent discharge of turbid water off -site. Should severe stone events Occur that make this impossible, the Contractor shall take all possible steps to prevent discharge of turbid water including installation of additional slit fence, hay bales and treatment of the existing pond with alum. Earthwork and Grading: AI earthwork and grading shall be performed as required to achieve the final grades, typical sections and elevations shown on the plans. Any flit paced shag be done in approximate 6" lifts. In at other respects, materials and construction methods for earthwork embankment, excavation and grading shall conform to the requirements of FDOT Specifications, Section 120. Any plastic or otherwise undesirable material within 36 inches of finished road grade shall be removed and replaced with suitable material. Sid fence shag be installed in the locations shown on the drawings in accordance to the details and specifications included elsewhere on these drawings. Paving Improvements: All areas proposed for paving shag be constructed in accordance with the design grades and typical sections shown on the drawings, and in conformance to the requirements of the City of Okeechobee. Asphalt Prime Coat and tack coat for base course and between gis of asphalt shag conform to the requirements of Sections 300-1 through 300-7 of the FOOT Specifications. Prime Coat shag be applied at a rate of 0.25 gallons per square yard and tack coat at a rate of 0.10 gallons par square yard, unless otherwise approved by the Engineer. Asphalt surface course shall be Type S-3 per FOOT Section 331, with a maximum aggregate sae of %winch and shall have a minimum Marshal stability of 1,0001bs. Thickness shag be as specified on the details for each pavement section. Base: Limemck base material shall be compacted to 98% of maximum density per AASHTO T-180. All linernock shall meet the minimum requirements of FOOT Section 911. As an altemate, cemented coquina conforming to FDOT Section 915 My be substituted and shag be subject to the compaction specifications detailed above. Certified compaction tests shag be submitted to County Engineer prior to base approval. Thickness shall be as specfied on the details for each pavement section. Sub -grade: Sub -grade shag be compacted to 95 % of maximum density per AASHTO T-180, and stabilized to a minimum FBV as specificied on the details far each pavement section. Sub -grade shall be thoroughly raged with a pneumatic tired rotor prior to scheduling any sub -grade inspection. Certified compaction tests shag be submitted to County Engineer prior to sub -grade approval. Concrete Pavement Concrete slabs shag be constructed in confomanei In the requirements of FOOT Section 360, over 12" subgrade that compacted to a density of 95% of maximum per AASHTO T-180 and stabilized to a minimum 50 FBV. The concrete shag have a minimum unconfined compressive strength of 3.500 psi at 28 days. Please see plan for contraction and expansion joint locations. Sub -grade shag be moistened at the time concrete is placed to insure a unifortmty damp surface. Ready -mix cones shall have a slump of between 2 and 4 inches. No water shall be added to increase workability. Test cylinders shall be made for the strength testing of each batch of concrete for 7 and 28 day testing. CUrbf Curb and Gutter- Shag be constructed per the typical sections and in the locations shown on the drawings and shall meet the requirements of FOOT Section 520. Concrete shag be Class I as specified in FOOT Section 345. Minimum concrete compressive strength shall be 3,000psi after 28 days. Subgradershallbe moistened at the time concrete is placed to insure a uniformly damp surface. Ready -ma concrete shag have a slump of between 2 and 4 inches. No water shall be added to increase workability. Test cylinders shag be made for the strength testing of each batch of concrete for 7 and 28 day testing. Sidewalks: Shall be constructed in the locations and per the typical sections shown on the drawings per FOOT Section 522. Sidewalks adjacent to buildings shall be sloped at a minimum of 2% away from the building to prevent -ter from flowing toward the buildings. Concrete for sidewalks shag be as specified above for curbs. The surface shag receive a broom finish with the fresh directed consistent with the slope of the sidewalk. Sidewalks shag be 4" in thickness and do not require reinforcement unless otherwise specified by the Architect or owner. CALL 48 HOURS BEFORE YOU DIG IN FLORIDA 1-800-432-4770 _nor uvn sunsrmE surecrE rxi of iLakoA xnG !W4 2 .1 JQ reLL # $ u� I ° i T 0 oa Z V 4J LL W WW 0 O J )!I Joe art ZOD�ZOZ suur}r 11 or 11 1 ExHIBIT 6 JAnuAKY 16, 2007 Exhibit 6 will be provided by the Clerk's office at the meeting EXHOIT 6 F : JAN 16 AGENDA 41ta MEMORANDUM TO: Mayor and Council Members FROM: Clerk Gamiotea SUBJECT: 2007 Grievance Committee/Exhibit 6 DATE: January 16, 2006 The following employee's were elected by their appropriate departments as a representative to the 2007 City Grievance Committee. Approval of the committee is required: DEPARTMENT Admin/Clerk/Fin/Gen Sery Fire Public Works Police Thank You. REGULAR MEMBER Robin Brock Jeff Baugh Marvin Roberts Tom Tamer ALTERNATE MEMBER Melisa Eddings Phil Conroy Clint Gould Victoria Williams EXHIBIT 7 JARUAW 16, 2007 NE 12th STREET EXTENSION CDBG #06DB-3K-07-57-02—E10 Alternate Bid A Item No. kescription Unit stimated Quantity id Unit Price id Price 104-13-1 Staked Silt Fence, Type III LF 380 .S (,? y tp'd�, o° 110-1-1 Clearing &Grubbing LS I 3;dW-C'o 3; d oo.00 120-6 Embankment CY 530 $ • o0 II A0 • "0 160-4 Stabilization Type B (LBR-40), 12" SY 550 6i5-sp, ce 85-706 Optional Base, Base Group 6 SY 510 3 14. as i, � 5b. °c 85-709 Optional Base, Base Group 9 SY 85 1 c 1- 41 o ' S-00-GP 31-72 Type S-III Asphaltic Concrete Surface Course, 1.5" SY 510 11,00 '4'5%� -' 70-2 Seeding and Mulching SY 1100 1l t? 1 q�i• °� Total of All Alternate Bid A Prices Alternate Bid A consists .of items associated with the construction of N.E. 12`h Street from station 43+50 to station 45+40. Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. NE 12`h Street Extension 00 41 13A - 5 Bid Form, Unit Price EXHIBIT 8 l O KEEcy m 1= �tOROt City of Okeechobee Justification/clarification/comments: 4 JAmuAKY 16, 2007 PROPOSED ITEM TO BE ADDED TO THE AGENDA: Mayor and Council, please add to the January 16, 2007 agenda, a motion to adopt proposed Resolution No. 07-01 regarding the support of legislative issues by the Florida League of Cities. Attached is a copy of the Resolution for an exhibit. Thank You, LG Jan. 16, 2007 RESOLUTION NO. 07-01 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2007 LEGISLATIVE SESSION. WHEREAS, municipal self-determination and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, numerous counties have recently proposed revisions to their charters that would adversely impact the Home -Rule powers of municipalities within those counties; and WHEREAS, a majority of Florida's municipalities have experienced negative impacts to infrastructure, housing stock and employment base from a series of natural disasters; higher than expected increases in the cost of building products; double- digit increases in the cost of property insurance; and inequities in the existing property -tax system; and WHEREAS, Florida's continuing population increase has presented a challenge to cities struggling to meet the infrastructure needs required to accommodate new growth and development without an infrastructure revenue source dedicated to municipalities; and WHEREAS, various proposed revisions to the property -tax system would have substantial adverse impacts for all municipalities in Florida should they be adopted; and WHEREAS, Florida's municipalities are dependent on other governmental entities for financial stability and under the current system the state, counties, and school districts, control all funding sources authorized for implementing capital improvements and complying with concurrency requirements; and WHEREAS, Governor Charlie Crist and Florida's House and Senate leaders have an opportunity to address the unique concerns of municipalities during the upcoming 2007 legislative session. 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: Section 1. That the City of Okeechobee urges Governor Charlie Crist and members of the Florida Legislature to support legislation during the 2007 legislative session that: • Restores and maintains municipal Home -Rule authority for municipalities located within charter counties; • Supports a tax structure that is fair and equitable and is competitively neutral and allows municipalities the flexibility to provide adequate services in their communities. Page 1 of 2 • Preserves the dedicated documentary stamp fees as a funding source for the State and Local Government Housing Trust Fund (Sadowski Trust Fund), eliminates the cap placed on fund distribution, and prohibits any of these trust fund dollars from being diverted to the General Revenue Fund. • Provides a comprehensive and uniform workers' compensation system for all municipal employees, regardless of employee classification, at a reasonable cost to employers. • Provides a dedicated and recurring source of revenue, including municipal local -option fuel taxes, rental -car surcharges, or other taxes or fees, for municipalities to fund transportation projects such as TRIP, urban arterial and other projects. Furthermore, the existing distribution formula for local -option transportation taxes imposed by a county should be revised to allow for a more equitable distribution to municipalities and provides for indexing of local -option fuel taxes. • Requires legislative authorization prior to the Florida Department of Transportation removing or delaying any project that is contained in the FDOT Five -Year Work Plan. • Preserves municipal authority to franchise cable and video services. Section 2. That a copy of this Resolution shall be provided to Governor Charles Crist, Senate President Ken Pruitt, House of Representatives Speaker Marco Rubio and members of the Florida Legislature. INTRODUCED AND ADOPTED in regular session this 161h day of January, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 Ccomicast FOR IMMEDIATE RELEASE For More Information: Marta M. Casas-Celaya 561.227.3457/561.236.2413 Marta Casas-Celava@cable.Comcast.com COMCAST DEBUTS NEW DIGITAL CHANNEL LINEUP IN PALM BEACH REGION -January 16, 2007 Customers reminded to reprogram equipment settings before enjoying programs on new, user-friendly channel lineup. West Palm Beach, Florida - January 12, 2006 - On Tuesday, January 16th, Comcast digital cable subscribers formerly with Adelphia in Boca Raton/Delray Beach, West Palm Beach, Palm Beach Gardens, Stuart and surrounding areas will be able to view a new, user-friendly lineup of digital channels and fresh programming. Comcast, South Florida's leading provider of broadband services, is reassigning digital channel numbers (channel 101 and higher) and making changes that will enhance customers' viewing choices, and make it easier for them to find their favorite shows. These improvements will not affect existing digital subscribers' monthly rates. In addition to the online channel guide, which has been updated and will be available when customers begin receiving transmission of the new channel lineup, all subscribers have been sent a comprehensive printed guide to help them find their favorite networks. The process of changing channels will begin in the early morning hours of Januaryl 6th, when Comcast will program its transmission equipment with the changes and begin transitioning subscribers to the new channel lineup. The process is a gradual one and subscribers will begin receiving the new channel selection at different times throughout the day. Because the lineup involves channel changes, subscribers will have to reprogram their digital video recorders and reset their selection of parental controls. Comcast subscribers should check their digital recording equipment and ensure that they are receiving the new channel lineup before programming equipment to record anything on Tuesday, January 16. MORE COMCAST DIGITAL CHANNEL LINEUP pg. 2/5 After the new lineup is deployed, a notice reminding customers to reprogram their equipment and settings will automatically appear on the screen when their television sets are first turned on. "Subscribers will see a richer, more varied program offering at no additional cost to them. This is the first tangible way that our subscribers will experience the quality, content and value that differentiate Comcast products and services," said Comcast Regional Vice President Gary Waterfield. The changes will align the West Palm Beach viewing region with channel lineups in other Comcast markets throughout the country. As Waterfield explains, "Comcast subscribers who live in another Comcast market can come to West Palm for Season and, in most cases, quickly find their favorite program on the exact same Comcast channel." The new lineup also makes it easier for viewers to find similar types of shows on adjacent channels. Programming will be clustered by genres so that customers can quickly tune to their favorite channel, then surf adjacent channels to find other content that interests them. Channels in the 100 to 199 range will feature programming found on "Digital Basic" (i.e. Biography, Sprout, MTV); the 200's faith and family -oriented programming; the 300's will be the "Premium" channels (i.e., HBO, Cinemas, Showtime); channels in the 400's (HDTV) will broadcast programs produced in high definition; the 500's will be Pay -Per -View; the 600's will feature Spanish - language broadcasting; the channels in the 700's will offer sports, the 800's music and the 900's VOD/Video on Demand programming. In addition to a more user-friendly experience, customers can look forward to a wide variety of fresh programming. Customers receiving Digital Basic will see 7 new channels and Comcast continues to be the market leader in High Definition content with the launch of 4 new channels as outlined below: Digital Basic Channel Adds C-Span 3, channel 105 Fine Living, channel 122 (Preview of Fine Living on channel 134 from 12/19/06 - 01 /15/07) IndiePlex, channel 167 RetroPlex, channel 168 Sprout, channel 128 TV One, channel 173 WeatherScan, channel 101 MORE COMCAST DIGITAL CHANNEL LINEUP pg. 3/5 HD Channel Adds ESPN 2 HD, channel 404 VERSUS/Golf Channel HD, channel 405 TNT HD, channel 407 Music HD, channel 411 Digital Basic subscribers will see 8 new channels that are moving from the Digital Plus tier. In total, 15 fully digital channels are being added to the lineup of Comcast's largest digital subscriber base. Channels moving from Digital Plus Tier to Digital Basic AZN Network, channel 114 Digital Plus Tier to channel 175 Digital Basic Biography Channel, Digital Plus Tier to Digital Basic, remains on channel 115 Fox Reality, channel 177 Digital Plus Tier to channel 108 Digital Basic History Channel International, Digital Plus Tier to Digital Basic, will remain on channel 116 IFC (Independent Film Channel), channel 161 Digital Plus Tier to channel 164 Digital Basic Outdoor Channel, channel 127 Digital Plus Tier to channel 731 Digital Basic Sundance, channel 162 Digital Plus Tier to channel 165 Digital Basic VERSUS (formerly Outdoor Life Network), channel 126 Digital Plus Tier to channel 730 Digital Basic New for 2007, sports fans can cheer for their favorite team with the new Digital Sports Package. The new offering adds NBA TV, channel 734, and groups several popular sports channels together and, for the retail price of $5.00 per month, features: College Sports Television, channel 175 Digital Plus Tier to channel 735 Digital Sports Package Fox College Sports Atlantic, channel 171 Digital Plus Tier to channel 723 Digital Sports Package Fox College Sports Central, channel 172 Digital Plus Tier to channel 724 Digital Sports Package Fox College Sports Pacific, channel 173 Digital Plus Tier to channel 725 Digital Sports Package FUEL TV, channel 123 Digital Plus Tier to channel 740 Digital Sports Package Gol TV, channel 124 Digital Basic to channel 729 Digital Sports Package MORE COMCAST DIGITAL CHANNEL LINEUP pg. 4/5 Along with channel additions, Comcast is discontinuing some channels and using Video On Demand (VOD) to replace the programming traditionally seen in pre-programmed time slots. Historically, customers would use East and West coast feeds of premium channels to expand viewing options for up to three hours. However, VOD is far superior to rebroadcasting channels because the viewer's favorite show is readily available whenever they want to watch it. The service has redefined how people schedule their television viewing and most programs are free. One significant benefit for customers is that, by placing shows On Demand and reclaiming channel space that was allocated for rebroadcasts, Comcast can use the reclaimed space in the cable plant for new product enhancements; including faster high speed internet, more HD channels and Comcast digital voice, a home phone service launching in 2007. Premium Channel Drops: HBO Plus West, channel 209 HBO Signature West, channel 210 HBO Family West, channel 211 HBO Comedy West, channel 212 HBO Zone West, channel 213 HBO Latino West, channel 214 Showtime West, channel 226 Showtime Too West, channel 227 Showtime Showcase West, channel 228 Showtime Extreme West, channel 229 Showtime Beyond West, channel 230 TMC West, channel 233 TMC Xtra West, channel 234 Starz! West, channel 242 Starz! Cinema West, channel 246 Encore West, channel 249 Encore Love Stories West, channel 251 Encore Westerns West, channel 253 Encore Mystery West, channel 255 Encore Drama West, channel 257 Encore Action West, channel 259 MORE COMCAST DIGITAL CHANNEL LINEUP pg. 5/5 MoreMAX West, channel 275 ActionMAX West, channel 276 ThrillerMAX West, channel 277 As the nation's premier cable provider, Comcast strives to give customers a wide variety of programming options. The decision to add or drop programming is based on multiple factors, including network changes, national ratings, the channel's fit within the current "mid' of offerings, programming costs, and feedback from our customers through calls, letters and e-mails. As a result, along with channel additions, Comcast is discontinuing some channels and they will not be included in the new lineup. Comcast continuously evaluates its offerings to enrich the customer's experience and provide new technologies and services while keeping costs down. CUSTOMERS MAY CALL 1.888.683.1000. About Comcast Comcast Corporation (http://www.comcast.cOm) is the nation's leading provider of cable, entertainment and communications products and services. With 24.1 million cable customers, 11 million high-speed Internet customers, and 2.1 million voice customers, Comcast is principally involved in the development, management and operation of broadband cable systems and in the delivery of programming content. Comcast's content networks and investments include E! Entertainment Television, Style Network, The Golf Channel, VERSUS, G4, AZN Television, PBS KIDS Sprout, TV One and four regional Comcast SportsNets. Comcast also has a majority ownership in Comcast Spectacor, whose major holdings include the Philadelphia Flyers NHL hockey team, the Philadelphia 76ers NBA basketball team and two large multipurpose arenas in Philadelphia. The following links provide more information about Comcast's video offerings: http://media.corporate-ir.net/media files/irol/14/147565/video.pdf http•//media corporate-ir.net/media files /irol/14/1475 http://media.corporate-ir.net/media files/irol/14/147565/DVR pdf65/On Demand.pdf hftp://media.corporate-ir.net/media files/irol/14/147565/HDTV.pdf �ANNELS BEING MOVED TO A DIFFERENT CHANNEL NUMBER LOCATION -LISTED BY CURRENT CHANNEL NUMBER 101 130 ][D-iscovery Kids 102 110 The Science Channel 103 113 tDiscovery Home 104 111 jbiscOv"Times 105 103 --Ipiscovery Health 106 112 IThe Military Channel 107 107 Current TV 109 114 BBC America 111 109 INational Geographic 112 242 JTBNTrinityBroadcasting-Network 113 245 lInspirational Life 114 1 175 AZN Network 115 115 jBiography Channel 116 116 lHistory Channel International 117 135 IToon Disney 118 120 ISoapNet 119 121 jD1Y (Do -It -Yourself Network 120 180 JNFL Network 121 635 ISi TV 122 732 Seed Channel 1 740 JFUELTV _123 124 1 729 tGol TV 125 1 728 jFox Soccer Channel 126 l 730 - [VERSUS - -- 127 1 731 10utdoor Channel 128-] 251 (Bloomberg TV 129 162 [G4 Video Game TV 130 182 [Fit TV - - 131 133 1 [ 726 102 -[ESPN Classic - JESPNews 135 246 -]Black Family Channel -137 140 jMTV2 - - - - 138 141 jMTV en Espanol -139 142 MTV Jams 140 1 117 IWE (Women's Entertainment) -141 1 179 (Game Show Network 143 _ 145 JCMT Pure Country 144 1 143 IVH-1 Classic 145 ( 148 [Fuse - 147 i 147 IGAC (Great American Country) .148 r 131 lNoggin -- - -- Current New Channel Channel Network 236 171 jFlix West 241 370 Starz! East 243 371 Starz! Ede East 244 373 Starz! Kids & Family East 245 374 Starz! Cinema East 247 372 Starz! in Black East 248 382 Encore East 250 384 Encore Love Stories East 252 386 Encore Westerns East 254 388 Encore Mystery East 256 390 Encore Drama East 258 392 Encore Action East 260 394 WAM! East 268 327 Women's MAX East 269 328 OMAX East 270 320 Cinemax East 271 321 MoreMAX East 272 324 ActionMAX East 273 325 ThrillerMAX East 274 322 Cinemax West 278 329 5 StarMAX East 279 330 OuterMAX East 301 501 iN DEMAND PPV 302 502 iN DEMAND PPV 303 503 iN DEMAND PPV 304 504 iN DEMAND PPV 305 505 iN DEMAND PPV 306 506 iN DEMAND PPV 307 507 iN DEMAND PPV 340 543 PLAYBOY(Adult) (Subscription) 341 544 PLAYBOY Adult (PPV) . 342 548 club'enna Adult (PPV) 343 545 fresh! (Adult) PPV 344 546 shorteez. Adult (PPV) 345 551 Hot Choice (Adult) (PPV) 401 802 Showcase 402 803 Toda 's Country 403 804 Classic Country 404 805 Blue rass 405 1 806 R&B and Hip -Ho 406 807 jClassic R&B Current New Channel Channel Network 444 845 Rock En Espanol 445 846 Pop Latino 463 607 Canal 52 MX 465 602 CNN en Espanol 466 603 FOX Sports World en Espanol 467 622 lGol TV 468 605 JMTV en Espanol 469 606 History en Espanol 470 604 Toon Disney en Espanol 471 601 Discovery an Espanol 472 626 La Familia 473 608 CineLatino 474 629 Latin TV 475 627 Puma TV 476 631 TV Chile 501 702 ESPN Sports PPV 502 703 ESPN Sports PPV 503 704 ESPN Sports PPV 504 705 ESPN Sports PPV 505 706 ESPN Sports PPV 506 707 ESPN Sports PPV 531 771 NHL / MLB Season Packages 532 772 NHL / MLB Season Packages 533 773 JNHL / MLB Season Packages 534 774 JNHL / MLB Season Packages 535 775 JNHL / MLB Season Packages 536 776 JNHL / MLB Season Packages 537 777 NHL / MLB Season Packages 538 778 NHL / MLB Season Packages 539 779 NHL / MLB Season Packages 540 780 NHL / MLB Season Packages 701 431 WPBF (ABC - 25 WPB) HD 702 433 WPEC (CBS - 12 WPB) HD 703 434 WFLX (FOX - 29 WPB) HD 704 432 WPTV (NBC - 5 WPB) HD 706 440 WXEL (PBS - 42 WPB) HD 750 416 HBO HD 751 418 . Showtime HD 752 419 Starz! HD 1iNHD1 763 408 -'ANNELS BEING MOVED TO A DIFFERENT CHANNEL NUMBER LOCATION - LISTED BY CURRENT CHANNEL NUMBER yjT 152 I 133 (Nick Games & Sports [GAS] 153 j 132 (Nick Too 154 1 129 —[Nick - - ---1 Toons 155 t 144 IVH-1 Soul 157 1 139 —[MTV Hits 158 ( 119 ILMN (Lifetime Movie Network) 160 I 169 ITCM (Turner Classic Movies) 161 1 164 -IIFC (Independent Film Channel) 162 I 165 ISundance- 163 1 259 IFox Movie Channel 166 1 248 iFamily Net - 168 I 185 JTV Superstore 170 1 163--ILOGO -- - - - 171 1 723 jFox College Sports Atlantic 172 1 724—AFox College Sports Central 173 t 725 lFox College Sports Pacific 174 1 737 ITennis Channel 175 I 735 lCollege Sports Television 1 177 1 108 I�ox Reality 183 1 220 IWFLX - FOX Tube 201 L 302 IHBO East 202 I 303 -HBO Plus East 1 203 1 304 IHBO Signature East 1 204 305 IHBO Family East 1 205 1 306 HBO Comedy East 1 29" 311 IHBO Zone East 207 - _ L_ 312 IHBO Latino East 208 —F 307 IHBO West 22� 340 IShowtime East _- 222 L - 341 IShowtime Too East 223 - 342 Showtime Showcase East 224-1_ 347 IShowtime Extreme East 225 1 346 Showtime Beyond East j 231- 1 350 ITMC (The Movie Channel) East 1 232 1 352 ITMC Xtra East 235 -- I 170 IFlix East Current Channel 407 New Channel 808 Network Smooth R&B 408 809 R&B Hits 409 810 Rap 410 811 Metal 411 812 Rock 412 813 Arena Rock 413 814 Classic Rock 414 815 Alternative 415 816 Retro-Active 416 817 Electronica 417 818 Dance 418 819 Adult Alternative 419 820 Soft Rock 420 821 Hit List 421 822 Party Favorites 422 823 90's 423 824 80's 424 825 70's 4826 Solid Gold Oldies 426 827 Singers & Standards 427 828 Big Band & Swing 428 829 Easy Listening 429 830 Smooth Jazz 430 831 Jazz 431 832 Blues 432 833 Reggae 433 834 Soundsca es 434 835 Classical Masterpieces 435 836 Opera 436 837 Light Classical 437 838 Show Tunes 438 839 Contemporary Christian 439 840 Gos el 44 8841 Radio Disney 441 842 Sounds of the Seasons 442 843 Musica Urbana Current New Channel Channel Network Theater D 766 403 ESPN HD 768 406 NFL Network HD 900 900 Movies On Demand 901 901 Starz! On Demand 903 903 Showtime On Demand 904 904 The Movie Channel On Demand 906 906 HBO On Demand 907 907 Cinemax On Demand 908 908 Free Movies On Demand 909 909 Cable Favorites On Demand 910 910 Howard Stern On Demand 912 912 Adult on Demand 913 913 Events On Demand 914 914 Expo TV On Demand 915 915 Lifestyles & Learninq On Demand 916 916 Sorts & Fitness On Demand 917 917 Kids & Teens On Demand 918 --71= Cutting e 0715emand 919 919 Music On Demand NEW! 101 WeatherScan NEW! 105 C-S an 3 NEW! 122 Fine Living NEW! 128 Sprout NEW! 167 IndiePlex NEW! 168 lRetroPlex NEW! 173 JTV One NEW! 201 JWXEL - PBS CREATE - B* NEW! 1 202 JWXEL - PBS Florida Knowledge Network - B_* NEW! 1 212 JWPEC - CBS Weather - B* • NEW! 216 jWPTV - NBC Weather PLUS - B* NEW! 404 JESPN 2 HD NEW! 405 Comcast__S_ ports HD NEW! 407 ITNT HD 1 NEW! 411 IMusic HD NEW! 1 734 INBA TV