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2007-05-15 Regular MeetingI. CALL TO ORDER - Mayor: May 15, 2007 Regular City Council Meeting, 6:00 p.m. CITY OF OKEECHOBEE 771 MAY 159 2007 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 10 Mayor Kirk called the May 15, 2007 Regular City Council Meeting to order at 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Revered Jim Hudson, His House Fellowship; The invocation was offered by Revered Jim Hudson of His House Fellowship Church; Pledge of Allegiance led by Mayor. The Pledge of Allegiance was led by Mayor Kirk. Ill. 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. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of May 2007 as "Foster Family Appreciation Month. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent (Office Assistant Sharon Allison was present in her absence) Absent Absent (Assistant Fire Chief Douglas was present in his absence) Absent Mayor Kirk proclaimed the month of May 2007 as "Foster Family Appreciation Month"and read the proclamation in its entirety as follows: "WHEREAS, Hibiscus Children's Center serves the entire Treasure Coast, including Martin, St. Lucie, Indian River and Okeechobee Counties, by providing services to fight child abuse and neglect, with foster care being one of their major programs, and WHEREAS, Hibiscus Children's Center has two residential facilities that children actually live in when they are removed by the state from all four counties. The Center receives hundreds of children annually, and WHEREAS, compassionate foster families throughout Florida provide more than 8,500 children and youth with safe, secure and stable 772 MAY 15, 2007 - REGULAR MEETING - PAGE 2 OF 10 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim the month of May 2007 as "Foster Family homes, and WHEREAS, these families open their homes and hearts to children in crisis, playing a vital role in healing and Appreciation Month continued. reconnecting children and families and preparing children for adulthood, and WHEREAS, foster parents give generously of themselves to the children, youth and families by providing the invaluable gifts of comfort, safety, guidance, hope and love; and WHEREAS, numerous individuals and organizations work to increase public awareness of the needs of children in foster care and the valuable contributions of foster parents. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of May 2007 as "FOSTER PARENT APPRECIATION MONTH" in Okeechobee, Florida and commend the Hibiscus Children's Center and all foster parents for their love and dedicated service towards the foster children in Okeechobee County." Present to receive the proclamation was Ms. Rossanna Gonzalez, Foster Care Development Specialist of the Hibiscus Children's Center, who thanked the City for their support. B. Recognize the OHS Lady Brahmans Softball Team for their Mayor Kirk recognized the OHS Lady Brahmans Softball Team for their outstanding achievement and read the Certificate of outstanding achievement - Mayor_ Outstanding Achievement in its entirety as follows: "Office of the Mayor. City of Okeechobee, Florida, Through your Dedication. Sportsmanship and Team Spirit as a Member of the OHS Lady Brahman Softball Team, the City of Okeechobee, Florida is proud to hereby recognize your achievement as: 2007 Class 4A District Champions; 2007 Class 4A Regional Champions; 2007 Class 4A State Tournament Final Four Participation." Team Members were presented individual certificates: Kelci Breaux, Alisha Claxton, Rachel Lowe, Kristin McCullough, Kristina Mellette, Kelley Smiley, Mary Huff, Jordan Marcum, Jordyn Nealis, Elia Suarez, Lauren Throop, Randi Barnes, Megan Clements, Brittney Herndon, Head Coach Kim Hagraves and Assistant Coach Heather Stillian. Head Coach Hargraves thanked Okeechobee for all of their support. This was the first time in the history of the Lady Brahmans Softball Team that they have made it to the Final Four Class 4A State Tournament. She wished her Seniors Good Luck as they move on to play college ball, and to her returning girls another great season. The team presented Mayor Kirk with a softball signed by all the players and coaches as a token of their gratitude. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the May 1, Summary of Council Action for the May 1, 2007 regular 2007 Regular Meeting, seconded by Council Member C. Williams. There was no discussion on this item. meeting. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 773 MAY 15, 2007 - REGULAR MEETING - PAGE 3 OF 10 VI. WARRANT REGISTERS - City Administrator. A. Motion to approve the April 2007 Warrant Register. Council Member Watford moved to approve the April 2007 Warrant Register in the amounts of: General Fund, three hundred eighty-four thousand, eight hundred seventy-eight dollars and nineteen cents ($384,878.19); Capital Improvements Projects General Fund ......................... $384,878.19 Fund - Vehicles, sixty-six thousand, six hundred eighty-nine dollars and fifty-two cents ($66,689.52); Law Enforcement Special Capitol Projects -Vehicles ................ $ 66,689.52 Fund, three thousand, nine hundred nineteen dollars and seventeen cents ($3,919.17); Community Development Building Grant Law Enforcement fund .................. $ 3,919.17 Fund (CDBG), two thousand, six hundred eighty-six dollars and fifty cents ($2,686.50) seconded by Council Member Markham. CDBG Fund .......................... $ 2,686.50 11 There was no discussion on this item VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA VII. AGENDA -Mayor. C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? There today's agenda. were none. Vill. OPEN PUBLIC HEARING FOR COMMUNITY DEVELOPMENT MAYOR KIRK OPENED THE PUBLIC HEARING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BLOCK GRANT PROGRAM - Mayor. PROGRAM AT 6:14 P.M. A.1. a) Motion to approve a Community Development Block Grant Council Member Watford moved to approve the amended Budget Amendment to the CDBG Economic Development Grant No. (CDBG) Economic Development 06DB-E10 Amendment 06DB-3K-07-57-02-E10 as recommended bythe Citizens Advisory Task Force (CATF); seconded by Council Member Markham. Request - Nancy Phillips, Grants/Funding Specialist (Exhibit 1). 11 b) Public comments and discussion. Ms. Nancy Phillips, City's Grant/Funding Specialist, stated that on February 27, 2007 the City was awarded a CDBG Economic Development Grant in the amount of six hundred thousand dollars ($600,000.00) for water and sewer lines, and roadway improvements relative to the Olde Tyme Construction Site in the City's Commerce Center. The City hired the lowest bid engineering firm of LBFH, Inc., in the amount of seventy one thousand, four hundred seventy-eight dollars ($71,478.00), to design the infrastructure. The lowest bid for construction was awarded to Telahar Construction in the amount of four hundred sixteen thousand, six hundred fifty-six thousand dollars ($416,656.00). Since this grant was awarded, to update, the City has approved two change orders in the amount of thirty-three thousand, four hundred sixty-one dollars ($33,461.00), increasing the construction contract to four hundred fifty thousand, one hundred seventeen dollars ($450,117.00). During the engineering process, findings were that water improvements were not needed. The sewer lines have been completed. The request for this amendment is to transfer funds from the Water Facilities line item in the amount of sixteen thousand, nine hundred fifty dollars 774 MAY 15, 2007 - REGULAR MEETING - PAGE 4 OF 10 VIII. CDBG PUBLIC HEARING CONTINUED. A.1. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING. IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor ($16,950.00), leaving a zero balance, to the Street Improvements line item. Also being added to the Street Improvements line item will be twenty two thousand, seven hundred eighty dollars ($22,780.00) from the Sewer Improvements line item leaving a balance of one hundred ten thousand, one hundred twenty dollars ($110,120.00). This will leave a line item balance of three hundred seventy thousand, four hundred two dollars ($370,402.00) for Street Improvements. The CATF met on May 10, 2007 and approved the transfer from the Water Facilities to the Street Improvements, the Sewer Improvements line item balance did not need approval from the CATF. Administrator Whitehall remarked that the engineers have confirmed the project is dwindling down. However, to utilize the grand funds, change orders are anticipated, specifically on the rest of the lakes and wetland areas. Ms. Phillips stated that quantity adjustments will be made at the end of the project. Mayor Kirk asked whether there were any questions or comments from the public? There were none. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:25 P.M. WATFORD - YEA MOTION CARRIED. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:26 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 984 Council Member Watford moved to read by title only, proposed Ordinance No. 984 regarding Rezoning Petition No. 06-005-R, regarding Rezoning Petition No. 06-005-R, submitted by submitted by H2O1dings, rezoning a 16.24+/- acre of vacant unplatted land from RMH and Holding to CHV; seconded by Council H2O1dings, rezoning a 16.24+/- acre of vacant unplatted Member L. Williams. land from RMH and Holding to CHV - City Planning Consultant (Exhibit 2). 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. 984 by title Attorney Cook read proposed Ordinance No. 984 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, only. FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME (RMH) AND HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERAB►LITY AND AN EFFECTIVE DATE." 775 MAY 15, 2007 - REGULAR MEETING - PAGE 5 of 10 IX. PUBLIC HEARING CONTINUED. A. 2. a) Motion to adopt Ordinance No. 984. Council Member Markham moved to adopt Ordinance No. 984; seconded by Council Member L. Williams. b) Public comments and discussion. This Ordinance amends the Zoning designation from RMH and H to CHV for vacant unplatted property located North of East North Park Street (State Road 70 East, across from the (Royals Plaza). Legal description: A parcel of land lying in Section 15 Township 37 South, Range 35 East, Okeechobee County, Florida and being more particularly described as follows: Parcel A: Commence at the Southeast corner of said Section 15; thence along the South line of said Section 15, South 89 degrees 2 feet 40 inches West, 486.26 feet to a point on the South line of Section 15; thence North 00 degrees 57 feet, 20 inches West, 63.49 feet; thence North 00 degrees 16 feet 59 inches West, 250.90 feet; thence South 89 degrees 54 feet 49 inches West, 186.29 feet to the Point of Beginning; thence continue along said line South 89 degrees 54 feet 49 inches West, 674.15 feet; thence North 00 degrees 13 feet 56 West, 943.80 feet; thence North 89 degrees 10 feet 00 inches East, 336.67 feet; thence North 00 degrees 15 feet 28 inches West, 49.99 feet; thence North 89 degrees 9 feet 59 inches West, 336.64 feet; thence South 00 degrees 16 feet 59 inches East, 1002.57 feet to the Point of Beginning. Approximately 15.05 acres. Parcel B: Commence at the Southeast corner of said Section 15; thence along the South line of said Section 15, South 89 degrees 2 feet 40 inches West. 486.26 feet to a point on the South line of Section 15; thence North 00 degrees 57 feet 20 inches West 63.49 feet: thence North 00 degrees 16 feet 59 inches West, 250.90 feet to the Point of Beginning: thence South 89 degrees fifty-four feet 49 inches West, 186.29 feet; thence North 00 degrees 13 feet fifty-six inches West; 276.78 feet: thence North 89 degrees 2 feet 40 inches East, 186.30 feet; thence South 00 degrees 16 feet 59 inches East, 279.61 feet to the Point of Beginning. Approximately 1.19 acres. The petition was submitted by Craig Hackl on behalf of property owner(s) H2O1dings, LLC. There were 59 notices sent to the surrounding property owners with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The Planning Board reviewed the application at their August 17, 2006 meeting and recommended approval. Planning Staff Report Summary: The entire site is currently vacant and undeveloped and within the RMH, Holding, and CHV Zoning Districts. The applicant is proposing retail and office commercial uses for the property. Given the property's proximity to East North Park Street (S.R. 70), in addition to the existing land uses of the abutting properties, the proposed Commercial Development would be consistent with the current surrounding land uses. Planning Staff Analysis: 1. The proposed use and zoning are not contrary to Comprehensive Plan requirements. CHV Zoning would be a consistent zoning should the applicant's request for the Commercial Future Land Use category be granted. The applicant has applied for a Large Scale Future Land Use Amendment and Staff did recommend for approval of that request as the proposed use and zoning are not contrary to the Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the Zoning District in the Land Development Regulations. Several types of commercial uses are allowed and authorized under the CHV Zoning District. Section 90-282(1) and (2) describes professional office, business office, medical office and retail service, retail store including outdoor display of merchandise as permitted uses in this District. 776 MAY 15, 2007 - REGULAR MEETING - PAGE 6 OF 10 IX. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion continued. Planning Staff Report Summary continued. The applicant has stated the retail and office uses will be a part of the development. 3. The proposed use and Zoning will not have an adverse effect on the public interest. The public interest will not be negatively affected by this Zoning should it be determined that is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use public interest will not be negatively affected by this Zoning should it be determined that the impacts are not too intensive for the surrounding area. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Surrounding uses that are commercial in nature show compatibility with uses allowed under this CHV Zoning District. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use and zoning should it be approved would not be a deterrent to the improvement or development of adjacent properties as should it be properly planned. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact or any nuisance or hazard to the neighborhood. Should it be necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The applicant has submitted information which discusses the anticipated flow of water and sewer for development. The OUA has stated that there is sufficient capacity to serve the proposed development. A traffic analysis determined that the traffic impact of the proposed commercial development would not negatively impact the surrounding roadway network. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed development is required to meet all conditions and standards required by the City of Okeechobee and the Florida Administrative Code for drainage. This can be done at the site plan review phase of development. As stated above, traffic impacts will be able to be accommodated during the site plan process. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change, should it be granted, will not constitute a grant of special privilege, but the Future Land Use Designation must be granted prior to the rezoning. Summary and Conclusions Prior to Certification: Based on the above analysis, Heavy Commercial Zoning is consistent with the Comprehensive Plan and data and analysis shows that a commercial center is appropriate in the neighborhood. Recommendation: Staff recommends approval of the request to allow rezoning from Residential Mobile Home (RMH) and Holding (H) to Heavy Commercial (CHV) permitting the applicant to develop Commercial uses at this location. Mayor Kirk asked whether there were any questions or comments from the public? Mr. Arthur Kay, residing at 403 Northeast 8`h Avenue (River Run), asked what kind of Heavy Commercial use is intended? Mr. Don Hackl, principal owner of H2O1dings, LLC, replied that the intended use is to be high quality retail shops, and reassured that there will not be any type of auto body shop or any kind of industrial use. Also, the only entrance will be at the existing intersection of North Park Street and East 101' Avenue. Access to the development will not be through River Run Subdivision. IX. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING. X. UNFINISHED BUSINESS. A. Motion to approve the EMS/Fire Rescue Impact Fees Interlocal Agreement between the City and the County - City Administrator (Exhibit 3). XI. NEW BUSINESS. A.1. a) Motion to read by title only and set June 5, 2007 as the final public hearing date for proposed Ordinance No. 985 regarding Impact Fees - City Attorney (Exhibit 4). b) Vote on motion to read by title only. 777 MAY 15, 2007 - REGULAR MEETING - PAGE 7 OF 10 Mayor Kirk remarked that site plans will have to be presented to the Technical Review Committee for approval. Council Member Watford added that another layer of protection for the River Run Subdivision residents is that setbacks between Commercial and residential zoning districts are more than ususal. For example, side and rear setbacks for this development will be 20 feet due to it abutting residential, normally it would eight and ten feet. Also, it was added to the ordinance, Section 2., that the zoning for this parcel is subject to the further limitations of the Comprehensive Plan, Future Land Use element, Policy 2.6, which is 200,000 square feet of commercial development. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE ORDINANCE ADOPTION PUBLIC HEARING AT 6:40 P.M. Council Member Watford moved to approve the EMS/Fire Rescue Impact Fees Interlocal Agreement between the City and the County; seconded by Council Member C. Williams. Administrator Whitehall remarked that at the May 1, 2007 meeting, it was discussed whether this interlocal agreement implied that the City collect the Fire Impact Fee along with the EMS Impact Fee. The fees were categorized into two categories, one being Fire, one hundred seventy dollars ($170.00) and the other being EMS, seventy-four dollars ($74.00). Mr. Whitehall clarified that only the EMS Impact Fee of seventy-four dollars ($74.00) would be collected from the City residents. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Council Member L. Williams moved to read by title only, and set June 5, 2007 as the final public hearing date for proposed Ordinance No. 985 regarding Impact Fees; seconded by Council Member Watford. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 778 MAY 15, 2007 -REGULAR MEETING -PAGE 8 OF 10 XI. NEW BUSINESS CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 985 by title Attorney Cook read proposed Ordinance No. 985 by title only as follows: "AN ORDINANCE PROVIDING FOR THE ADOPTION only. OF THE CITY OF OKEECHOBEE FLORIDA, CREATING CODE BOOK CHAPTER 71 ENTITLED IMPACT FEES: PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR FINDINGS AND DECLARATIONS; PROVIDING FOR THEIMPOSITIONOFPUBLICWORKS; LAWENFORCEMENT, ANDFIREFAC►LITIES IMPACTFEES; PROVIDINGFOREXEMPTIONS; PROVIDING FOR THEACCOUNTING AND USE OFFUNDS; PROVIDING IMPACT FEE SCHEDULES; PROVIDING FOR REVIEW AND REVISION; PROVIDING FOR CONSTRUCTION OR DONATION OF PROPERTY IN LIEU OF IMPACT FEE PAYMENTS, PROVIDING FOR REFUNDS; PROVIDING FOR APPEALS; SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance III Council Member L. Williams moved to approve the first reading of proposed Ordinance No. 985; seconded by Council Member No. 985. C. Williams. b) Discussion. The City, to implement City Impact fees, has identified the following public facilities essential to meet anticipated growth: Fire; Law Enforcement; and Public Works_ Funding of the City's Capital Improvement Program will be accomplished from a variety of sources including: property taxes, special assessments, grants, gasoline taxes. other sources and impact fees_ Impact fees will assist the City in providing future facilities as part of an overall program of funding. These Impact Fees are based on a ten year capital improvement program and have been revised to exclude capital costs associated with the existing population and adjusted to account for surplus capacity. The resulting total capital cost attributable to growth was used to determine a residential and non-residential capital cost per average dwelling unit and per 1,000 square feet of non-residential floor area. The Fire and Law Enforcement Impact Fee rates by land use type are a product of the call rate for the land use type in question, times the average capital cost per residential (or non-residential) use and an adjustment factor. Public Works Fees are based on improvements which include capital equipment needed for improvement and maintenance activities, new sidewalks, building equipment and building expansions, drainage improvements to improve capacity and road construction. Mr. Walter H. Keller, Consulting Engineer and Planner and Mr. Tom Wright, Attorney, were present to address the Council. Attorney Wright remarked that the impact fees will be effective 91 days from the final adoption date. Mr. Keller, recommended that the City Impact Fees should be updated periodically utilizing updated demographic information, public facility costs, capital improvement priorities and revenue sources. The update period should occur in a three to five year time frame. Council Member Watford asked what the procedure was regarding changes? Mr. Keller replied that these can be updated at any time, as it states in the Ordinance, Section 71-7(2): the City Administrator shall recommend adjustments annually as may be necessary for construction and property acquisition and adopted by Resolution of the City Council. 1 XI. NEW BUSINESS CONTINUED. A.1. b) Discussion continued. 2 c) Vote on motion. 779 MAY 15, 2007 - REGULAR MEETING - PAGE 9 OF 10 The changes shall be effective the first Monday in October of each calendar year. Council Member C. Williams questioned as to whether the five percent rate was a Florida Statute regulation as noted in Section 71-8 (2): in which it states that the impact fee be returned to the current property owner at a five percent rate after five years from the date the impact fee is collected should the fees not be expended or encumbered? Attorney Wright answered that it is not Florida Statue regulation, the percent can be any rate within reason. Administrator Whitehall questioned Section 71-8(1) which states: whether a building permit or a permit for a mobile home or recreational vehicle expires and should no construction be commenced, then the applicant or its successors may request, within three (3) months of permit expiration, a refund of the impact fee as a condition for its issuance without payment of interest, as to whether the payment of interest does not have to be refunded? Attorney Wright answered, that was correct, up to a three percent Administrative charge. Council Member Watford asked Attorney Wright whether he was confident the Ordinance was legally defendable? He answered, "Yes." KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. B. Motion to adopt proposed Resolution No. 07-07 requesting Council Member Watford moved to adopt proposed Resolution No. 07-07 requesting State funds to bring the Herbert Hoover State funds to bring the Herbert Hoover Dike into Dike into compliance; seconded by Council Member L Williams. compliance - City Administrator (Exhibit 5). Attorney Cook read proposed Resolution No. 07-07 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REQUESTING THE UNITED STATES CONGRESS TO APPROPRIATE FUNDS NECESSARY TO BRING THE HERBERT HOOVER DIKE INTO COMPLIANCE WITH CURRENT LEVEE PROTECTION SAFETY STANDARDS AND TO EXPEDITE FUNDING FOR THE IMPROVEMENTS THROUGH PROMPT ENACTMENT OF THE ENERGY AND WATER APPROPRIATIONS BILL OR SOME OTHER MECHANISM; PROVIDING AN EFFECTIVE DATE." There was a brief discussion regarding the specific use of the word "levee." Levee standards are different than Dam Standards. The Council wanted to be clear that they were not approving the more stringent Dam Standards which allow higher water levels. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. MAY 15, 2007 - REGULAR MEETING -PAGE 10 OF 10 XI. NEW BUSINESS CONTINUED. C. Motion to ratify the re -appointment of Lane Gamiotea as the Council Member Markham moved to ratify the re -appointment of Lane Gamiotea as the fifth member to the City General fifth member to the City General Employees and OUA Employees and OUA Pension Board of Trustees, term beginning May 15, 2007 and ending December 31, 2009; seconded by Pension Board of Trustees, term beginning May 15, 2007 Council Member L. Williams. The Council thanked Mrs. Gamiotea for her willingness to serve on the Board, and ending December 31, 2009 - City Clerk KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. D. Consider and approve the summer meeting schedule - City Enclosed with Exhibit Six were calendars of June and July 2007, listing all City meeting dates and times. During the summer Administrator (Exhibit 6). months the Council generally meets once a month rather than twice a month. The consensus of the Council was to have one meeting in June, and one in July. Should emergency issues arise between these meeting dates, a special meeting could be called. The only summer meetings will be scheduled for June 5 2007 and July 3, 2007. ----- - -- VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. XII. ADJOURN MEETING - Mayor. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURN E7EETING AT 7:25 P.M. The next regularly scheduled meeting is June 5, 2007. ATTEST: James E. Kirk, Mayor /1 Lane Gamiotea, C C, City, Ch 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 the Clerk Page -1- CITY OF OKEECHOBEE - May 15, 2007 - REGULAR CITY COUNCIL MEETING. HANDWRITTEN MINUTES I. CALL TO ORDER- Mayor: Kirk, May 15. 2007 City Cou_ Heil Regular Meeting ::00 p m II. OPENING CEREMONIES: invocation given by Reverend Jim Hudson His House Fellowship Church Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent 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 Aav, Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson IV. PROCLAMATIONS AND PRESENTATIONS - May A. B. Mayor Kirk proclaimed the month of May 2007 as "Foster Family Appreciation Month" and read the proclamation in its entirety as follows: WHEREAS, Hibiscus Childrenn"s Center serves the entire Treasure Coast, including Martin, St. Lucie, Indian River and Okeechobee Counties, by providing services to fight child abuse and neglect, with foster care being one of their major programs; and WHEREAS, Hibiscus Children's Center has two residential facilities that children actually live in when they are removed by the state from all four counties. The Center receives hundreds of children annually; and WHEREAS, compassionate foster families throughout Florida provide more than 8,500 children and youth with safe, secure and stable homes; and WHEREAS, these families open their homes and hearts to children in crisis, playing a vital role in healing and reconnecting children and families and preparing children for adulthood; and WHEREAS, faster parents give generously of themselves to the children, youth and families by providing the invaluable gifts of comfort, safety, guidance, hope and love; and WHEREAS, numerous individuals and organizations work to increase public awareness of the needs of children in foster care and the valuable contributions of foster parents. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of May 2007 as "FOSTER PARENT APPRECIATIONMONTH"in Okeechobee, Florida and commend the Hibiscus Children's Centerand all foster parents for their love aqd dedicated service towards the foster children in Okeechobee County, Mayor Kirk recognized the OHS Lady Brahmans Softball Team for their outstanding achievement and read the Certificate of Outstanding Achievement in its entirety as follows: Office of the Mayor, City of Okeechobee, Florida; Through your Dedication, Sportsmanship and Team Spirit as a Member of the OHS Lady Brahman Softball Team, the City* of Okeechobee, Florida is proud to hereby recognize your achievement as: 2007 Class 4A District Champions; 2007 4A Regional Champions; 2007 Class 4A State Tournament Final Four Participation. Team Members are: Kelci Breaux, Alisha Claxton, Rachel Lowe, Kristin -- - McCullough, Kristina Mellette, Kelley Smiley, Mary Huff, Jordan Marcum, Jordyn Nealis, Elia Suarez, Lauren Throop, Randi Barnes, Megan Clements, Brittney Herndon. Coaches: Kim Hagraves, Heather Stillian. Page -2- V. MINUTES - City Clerk. 1 A. Council Member moved to dispense with the reading and approve the Sum ry Council Action or the May 1, 2007 Regular Meeting, seconded by Council Member M ;(>� VOTE KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENI YEA NAY ABSTAIN ABSENT VI. WARRANT REGISTERS - City Administrator. A. Council Member_ TY� moved to approve the April 2007 Warrant Register in the amounts of: General Fund, three hundred eighty-four thousand, eight hundred seventy-eight dollars and nineteen cents ($384,878.19); Capital Improvements Projects Fund - Vehicles, sixty-six thousand, six hundred eighty-nine dollars and fifty-two cents ($66,689.52); Law Enforcement Fund, three thousand, nine hundred nineteen dollars and seventeen cents ($3,919.17); Community Development Building Grant Fund (CDBG), two thousand, six hundred eighty-six dollars and fifty cents ($2,686.50) seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT ��y '�.� KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIE AR . VII. AGENDA - Mayor. A. Mayor Kirk asked whether there were any additions, deferrals or withdrawals of items on today's agenda? t 1 r� V Vill. MAYOR KIRK OPENED THE PUBLIC HEARING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AT (Q p.m. Cow Jjl�_4 A. 1. a) Council Member 1 t� `� moved to approve a'Community Development Block Grant (CDBG) Economic Development 06DB-E10Auv -Nancy Phillips, Grants/Funding Specialist (Exhibit 1); seconded by Council Member - j/M Public comments and discussion.atcatcLkd VA-6 Cu�2r�L�SrCec( Ptc4_P c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM ✓ WATFORD Ll -- - L. WILLIAMS v- MOTION: DENIED MAYOR KIRK CLOSED THE CDBG PROGRAM PUBLIC HEARING AT P.M. Page -3- IX. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT v?5 P.M. A. 1. a) Council Member moved to read by title only, proposed Ordinance No. 984 regarding Rezoning Petition No. 06-005-R, submitted by H2O1dings, rezoning a 16.24+l- acre of vacant unplatted land from RMH and Holding to CHV - City Planning Consultant (Exhibit 2); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK t/ C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ ARRIE c) Attorney Cook read proposed Ordinance No. 984 by title only as follows: "ANORDINANCEOFTHE CITY OFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME (RMH) AND HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABIL/TY AND AN EFFECTIVE DATE.,, 2. a) " Council Membe fy) moved to adopt Ordinance No. 984; seconded by Council _ Member b) -- Public comments and discussion This Ordinance amends the Zoning designation from RMH and H to CHV for vacant unplatted property located North of East North Park Street (State Road 70 East, across from the Post Office). Legal description: A parcel of land -lying in Section 15 Township 37 South, Range 35 East, Okeechobee County, Florida and being more - - particularly described as follows: Parcel A: Commence at the Southeast corner of said Section 15; thence along the South line of said Section 15, South 89 degrees 2 feet 40 inches West, 486.26 feet to a point on the South- line of Section 15; thence North 00 degrees 57 feet, 20 inches West, 63.49 feet; thence North 00 degrees 16 feet 59 inches West, 250.90 feet; thence South 89 degrees 54 feet 49 inches West, 186.29 feet to the -Point of Beginning; thence continue along said line South 89 degrees 54 feet 49 inches West, 674.15 feet; thence North 00 degrees 13 feet 56 West, 943.80 feet; thence North 89 degrees 10 feet 00 inches East, 336.67 feet; thence North 00 degrees 15 feet 28 inches West, 49.99 feet; thence North 89 degrees 9 feet 59 inches.West, 336.64 feet; thence South 00 degrees 16 feet 59 inches East, 1002.57 feet to the Point of Beginning. Approximately 15.05 acres. Parcel B: Commence at the Southeast corner of said Section 15; _- thence.along the South line of said Section 15, South 89 degrees 2 feet 40 inches West, 486.26 feet to a point on the South line of Section 15; thence North 00 degrees 57 feet 20 inches West 63.49 feet; thence North 00 degrees 16 feet 59 inches West, 250.90 feet to the Point of Beginning; thence South 89 degrees fifty-four feet 49 inches West,186.29 feet; thence North 00 degrees 13 feet fifty-six inches West, 276.78 feet; thence North 89 degrees 2 feet 40 inches East, 186.30 feet; thence South 00 degrees 16 feet 59 inches East, 279.61 feet -_ to the _Point of Beginning. Approximately 1.19 acres. The petition was submitted by Craig Hackl on behalf of property owner(s) H2O1dings, LLC. There were 59 notices sent to the surrounding property owners with no --- response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of, both the Planning Board and City Council public hearings. The Planning Board reviewed the - application at their August 17, 2006 meeting and recommended approval Planning Staff Report Summary: The entire site is currently vacant and undeveloped and within the RMH, Holding, and CHV Zoning Districts. The applicant is proposing retail and office commercial uses for the property. Given the property's proximity to East North Park Street (SR. 70), in addition to the existing land uses -of the abutting properties, the proposed Commercial Development would be consistent with the current surrounding land uses. Planning Staff Analysis: 1. The proposed use and zoning are not contrary to Comprehensive Plan requirements. CHV Zoning would be a consistent zoning should the applicant's request for the Commercial Future Land Use category be granted. The applicant has applied for a Large Scale Future Land -Use Amendment and Staff did recommend for approval of that request as the proposed use and zoning are not contrary to the Comprehensive Plan requirements. 2. The proposed use being applied for is Page -4- specifically authorized under the Zoning District in the Land Development Regulations. Several types of commercial uses are allowed and authorized under the CHV Zoning District. Section 90-282(1) and (2) describes professional office, business office, medical office and retail service, retail store including outdoor display of merchandise as permitted uses in this District. The applicant has stated the retail and office uses will be a part of the development. 3. The proposed use and Zoning will not have an adverse effect on the public interest. The public interest will not be negatively affected by this Zoning should it be determined that the impacts are not too intensive for the surrounding area. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Surrounding uses that are commercial in nature show compatibility with uses allowed underthis CHV Zoning District. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use and zoning should it be approved would not be a deterrent to the improvement or development of adjacent properties as should it be properly planned. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact or any nuisance or hazard to the neighborhood. Should it be necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The applicant has submitted information which discusses the anticipated flow of water and sewer for development. The OUA has stated that there is sufficient capacity to serve the proposed development. A traffic analysis determined that the traffic impact of the proposed commercial development would not negatively impact the surrounding roadway network. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed development is required to meet all conditions and standards required by the City of Okeechobee and the Florida Administrative Code for drainage. This can be done at the site plan review phase of development, As stated above, traffic impacts will be able to be accommodated during the site plan process. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change, should it be granted, will not constitute a grant of special privilege, but the Future Land Use Designation must be granted prior to the rezoning. Summary and Conclusions Prior to Certification: Based on the above analysis, Heavy Commercial Zoning is consistent with the Comprehensive Plan and data and and analysis shows that a commercial center is appropriate in the neighborhood. Recommendation: Staff recommends approval of the request to allow rezoning from Residential Mobile Home (RMH) and Holding (H) to Heavy Commercial (CHV) permitting the applicant to develop Commercial uses at this location. hie— 2;cl- at- E c) Vote on motion. VOTE YEA NAY IABSTAIN ABSENT KIRK (� - -- C. WILLIAMS MARKHAM - WATFORD L. WILLIAMS - MOTION: DENIED/ RRIED. oa/�U'Tuo � go /A 0-)A- MAYOR KIRK CLOSED THE ORDINANCE ADOPTION PUBLIC HEARING AT L `fl:% P ,M, Page -5- X. UNFINISHED BUSINESS. A. Council Member—. R 1� - moved to approve the EMS/Fire Rescue Impact Fees Interlocal Agreement b tween the City and the County - City Administrator (Exhibit 3); seconded by Council Member �� 1 r7 Vote on motion. VOTE_- YEA NAY ABSTAIN ABSENT KIRK w C. WtLUAMS v MARKHAM WATFORD L. WILLIAMS MOTTON: DENIED BRIE Page -6- XI. NEW BUSINESS. � A.1. a) Council Member (A ' moved to read by title only, and set June 5, 2007 as the final public hearing date for proposed Ordinance No 985 regarding Impact Fees - City Attorney (Exhibit 4); 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 MOTION: DENIE ARRI . C) Attorney Cook read proposed Ordinance No. 985 by title only as follows: "AN ORDINANCE PROVIDING FOR THEADOPTION OF THE CITYOFOKEECHOBEEFLORIDA, CREATING CODE BOOK CHAPTER 71 ENTITLED IMPACT FEES: PUBLIC WORKS, LAW ENFORCEMENT, AND FIREFACILITIES, PRO VIDING DEFINITIONS, PRO VID/NGFOR FINDINGS AND DECLARATIONS; PROVIDING FOR THE IMPOSITION OF PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES IMPACT FEES, PROVIDING FOR EXEMPTIONS, PROVIDING FOR THE ACCOUNTING AND USE OF FUNDS; PROVIDING IMPACT FEE SCHEDULES; PROVIDING FOR REVIEW AND REVISION; PROVIDING FOR CONSTRUCTION OR DONATION OFPROPERTY /N LIEU OF IMPACT FEE PAYMENTS; PROVIDING FOR REFUNDS, PROVIDING FOR APPEALS; SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.,, 2. a) Council Member moved to approve the first reading of proposed Ordinance No. 985; seconded by Council Member t,Q b) Discussion., ��4k�- C) Vote on motion. VOTE YEA NAY ABSTAIN' ABSENT KIRK v C. WILLIAMS ti - MARKHAM L/ WATFORD V L. WILLIAMS MOTION: DENIED/O CR B. Council Member Page -7- i moved to adopt proposed Resolution No. 07-07 requesting State funds to bring the Herb Hoover Dike into compliance - City Administrator (Exhibit 5); seconded by Council Member 1 Attorney Cook read proposed Resolution No. 07-07 by title only as follows: "A RESOLUT/ONOFTHECITY OF OKEECHOBEE, FLORIDA' REQUESTING THE UNITED STATES CONGRESS TO APPROPRIATE FUNDS NECESSARY TO BRING THE HERBERT HOOVER DIKE INTO COMPLIANCE WITH CURRENT LEVEE PROTECTION SAFETY STANDARDS AND TO EXPEDITE FUNDING FOR THE IMPROVEMENTS THROUGH PROMPT ENACTMENT OF THE ENERGY AND WATER APPROPRIATIONS BILL OR SOME OTHER MECHANISM, PROVIDING AN EFFECTIVE DATE." _-A k1j1j 1 0 Cj\ kvil- (/a-v--c Vote on motion. VOTE_ YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM v WATFORD L. WILLIAMS +� MOTION: DENIED/Q �` Page -8- C. Council Member moved to ratify the re -appointment of Lane Gamiotea as the fifth member to the City General Employees and OUA Pension Board of Trustees, term beginning May 1 007 and ending December 31, 2009 - City Clerk; seconded by Council Member Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS -✓ MOTION: DENIEq6;� Page -9- D. Consider and approve the summer meeting schedule - City Administrator (Exhibit 6). h u J_e_ Vote -on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK — C. WILLIAMS MARKHAM WAT-ORD L. WILLIAMS MOTION: DENIED/CARRIED. - Xll. -MAYOR KIRK ADJOURNED THE MEETING AT P.M Page -1- CITY OF OKEECHOBEE - May 15, 2007 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk May 15, 2007, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Jim Hudson, His House Fellowship Church: Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent 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 Robertson Sharon Allison Absent w/consent IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Mayor Kirk proclaimed the month of May 2007 as "Foster Family Appreciation Month" and read the proclamation in its entirety as follows: WHEREAS, Hibiscus Children's Center serves the entire Treasure Coast, including Martin, St. Lucie, Indian River and Okeechobee Counties, by providing services to fight child abuse and neglect, with foster care being one of their major programs; and WHEREAS, Hibiscus Children's Center has two residential facilities that children actually live in when they are removed by the state from all four counties. The Center receives hundreds of children annually, and WHEREAS, compassionate foster families throughout Florida provide more than 8,506 children and youth with safe, secure and stable homes; and WHEREAS, these families open their homes and hearts to children in crisis, playing a vital role in healing and reconnecting children and families and preparing children for adulthood; and WHEREAS, foster parents give generously of themselves to the children, youth and families by providing the invaluable gifts of comfort, safety, guidance, hope and love; and WHEREAS, numerous individuals and organizations work to increase public awareness of the needs of children in foster care and the valuable contributions of foster parents. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of May 2007 as "FOSTER PARENT APPRECIATION MONTH" in Okeechobee, Florida and commend the Hibiscus Children's Centerand all foster parents for their love and dedicated service towards the foster children in Okeechobee County. B. Mayor Kirk recognized the OHS Lady Brahmans Softball Team for their outstanding achievement and read the Certificate of Outstanding Achievement in its entirety as follows: Office of the Mayor, City of Okeechobee, Florida; Through your Dedication, Sportsmanship and Team Spirit as a Member of the OHS Lady Brahman Softball Team, the City of Okeechobee, Florida is proud to hereby recognize your ® achievement as: 2007 Class 4A District Champions; 2007 4A Regional Champions; 2007 Class 4A State O&alt � Tournament Final Four Participation. Team Members are: Kelci Breaux, Alisha Claxton, Rachel Lowe, Kristin 40 McCullough, Kristina Mellette, Kelley Smiley, Mary Huff, Jordan Marcum, Jordyn Nealis, Elia Suarez, Lauren CA1Yi-n _ J Throop, �andi Dame7,Megan Cle ents, Brittney Herndon. Coache : Kim Hagraves, He they Stillian.. tit' i Page -2- V. MINUTES - City Clerk. A. Council Member L >'it1 moved to dispense with the reading and approve the Summary of Council,Ac ion for the May 1, 2007 Regular Meeting, seconded by Council Member �=r L� �� VOTE YEA NAY ABSTAIN ABSENT - KIRK - - C. WILLIAMS- -_MARKHAM _ WATFORD -L. WILLIAMS MOTION: DENI / RIED. VI. WARRANT REGISTERS - 'ty Administrator. --A. Councif-Member _. _ - moved to approve -the April 200TWarrantRegister in the amounts of: General Fund, three hundred eighty-four thousand, eight hundred seventy-eight dollars and nineteen cents ($384,878.19); Capital Improvements Projects Fund - Vehicles, sixty-six thousand, - six hundred eighty-nine_ dollars_ and -fifty-two cents ($66,689.52)T-Law Enforcement_ Fund, three thousand, nine hundred nineteen dollars and seventeen cents ($3,919.17); Community Development Building Grant -Fund (£DBG), twoi six hundred eighty-six-dollars-and#+fty cents{$Zi686.5Q) seconded by Council Member VOTE 1 KIRK _ C. WILLIAMS MARKHAM WATFORD- L. WILLIAMS - - MOTION: DENH ABSENT VII AGENDA--- Mayor. A. Mayor Kirk asked whether there were any additions, deferrals or withdrawals of items on today's agenda? V VIN.—MAYOR-KIRK OP-ENEB T+iiE P-UB8-K^,HEARING FOR -THE COMMUNITY DEVELOPMENT -BLOCK _ GRANT (CDBG) PROGRAM AT P.M. A.1. a) Council Member moved to approve a Community Development Block Grant (CDBG) Economic Development 06DB-E10 Amendment Request - Nancy Phillips,-Grants/Funding Specialist(Exhibit_U-secon-dedty_CQuncil_M-ember L W9 aq Page -3- IX. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT tlo= 7 P.M. A.1. a) Council Member moved to read by title only, proposed Ordinance No. 984 regarding Rezoning Petition No 06-005-R, submitted by H2O1dings, rezoning a 16.24+/- acre of vacant unplatted land froM RMI4I olding to CHV -City Planning Consultant (Exhibit 2); 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 MOTION: DENIE ARRIE c) Attorney Cook read proposed Ordinance No. 984 by title only as follows: "ANORDINANCEOFTHE C/TYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME (RMH) AND HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Memb r L%i moved to adopt Ordinance No. 984; seconded by Council Member L� 1A) b) Public comments and discussion. This Ordinance amends the Zoning designation from RMH and H to CHV for vacant unplatted property located North of East North Park Street (State Road 70 East, across from the Post Office). Legal description: A parcel of land lying in Section 15 Township 37 South, Range 35 East, Okeechobee County, Florida and being more particularly described as follows: Parcel A: Commence at the Southeast corner of said Section 15; thence along the South line of said Section 15, South 89 degrees 2 feet 40 inches West, 486.26 feet to a point on the South line of Section 15; thence North 00 degrees 57 feet, 20 inches West, 63.49 feet; thence North 00 degrees 16 feet 59 inches West, 250.90 feet; thence South 89 degrees 54 feet 49 inches West, 186.29 feet to the Point of Beginning; thence continue along said line South 89 degrees 54 feet 49 inches West, 674.15 feet; thence North 00 degrees 13 feet 56 West, 943.80 feet; thence North 89 degrees 10 feet 00 inches East, 336.67 feet; thence North 00 degrees 15 feet 28 inches West, 49.99 feet; thence North 89 degrees 9 feet 59 inches West, 336.64 feet; thence South 00 degrees 16 feet 59 inches East, 1002.57 feet to the Point of Beginning. Approximately 15.05 acres. Parcel B: Commence at the Southeast corner of said Section 15; thence along the South line of said Section 15, South 89 degrees 2 feet 40 inches West, 486.26 feet to a point on the South line of Section 15; thence North 00 degrees 57 feet 20 inches West 63.49 feet; thence North 00 degrees 16 feet 59 inches West, 250.90 feet to the Point of Beginning; thence South 89 degrees fifty-four feet 49 inches West, 186.29 feet; thence North 00 degrees 13 feet fifty-six inches West, 276.78 feet; thence North 89 degrees 2 feet 40 inches East, 186.30 feet; thence South 00 degrees 16 feet 59 inches East, 279.61 feet to the Point of Beginning. Approximately 1.19 acres. The petition was submitted by Craig Hackl on behalf of property owner(s) H2O1dings, LLC. There were 59 notices sent to the surrounding property owners with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The Planning Board reviewed the application at their August 17, 2006 meeting and recommended approval. Planning Staff Report Summary: The entire site is currently vacant and undeveloped and within the RMH, Holding, and CHV Zoning Districts. The applicant is proposing retail and office commercial uses for the property. Given the property's proximity to East North Park Street (SR. 70), in addition to the existing land uses of the abutting properties, the proposed Commercial Development would be consistent with the current surrounding land uses. Planning Staff Analysis: 1. The proposed use and zoning are not contrary to Comprehensive Plan requirements. CHV Zoning would be a consistent zoning should the applicant's request for the Commercial Future Land Use category be granted. The applicant has applied for a Large Scale Future Land Use Amendment and Staff did recommend for approval of that request as the proposed use and zoning eo:4 cco))A� - aje,� -�) a)", ol �/i�ye, Karl /2edao(/s�„y� Scot,& qL I ef �A. ao� Vlafj 8't Yv� /�GV �-. // �a4,e 40po� (3�j Page -4- are not contrary to the Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized undertheZoning District in the Land -Development Regulations. Several -types of commercialuses are allowed and authorized under the CHV Zoning District. Section 90-282(1) and (2) describes professional office, business office, medical office and retail service, retail- store including outdoor display of merchandise as permitted uses in this District. The applicant has stated the retail and office uses will be a part of the development. 3. The proposed use and Zoning will not have arl adverse eiffect on the public interest. The public interest will not be negatively affected by this Zoning -should it be deter -mined that the impacts are not too intensive for the surrounding area. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, andisnot contrary or -detrimental to urbanizing --land use- patterns. Surrounding uses that are commercial in nature show compatibility with uses allowed under this CHV - Zoning District. - 5. The proposed use mUnot-adver selSr-affect pes -property vafuor Living conditions, or -be a deterrent to the improvement or development of adjacent property. The proposed use and zoning should it be approved would not a deterrent to the improvement or -development of adjacent properties as should it be properly planned. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact or any nuisance or hazard to the neighborhood. Should it be necessary, site plan requirements can help to reduce any impacts upon the neighborhood_ 7. The proposed usewillnot create a density pattern that would overburden public facilities such as schools, streets, and utility services. The applicant has submitted - information which discusses -the anticipated flow of waterandsewer for development. The OUA has stated -- that there is sufficient capacity to serve the proposed development. A traffic analysis determined that the traffic impact of the proposed commercial--development-would not negaTively impact the surrounding roadway network. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed development is required to meet all conditions and standards required by the City. of _Okeechobee -and the Florida-Administratiue_Code for drainage. This -can be done at the site plan review phase of development. As stated above, traffic impacts will be able to be accommodated during the site plan process. -9. The proposed use has--nett-been inordinately hurdenedby unnecessary restrictions No, the proposed use has not been inordinately burdened. 10. The proposed change will not constitute a grant of special privilege to an -individual owner as contrasted wi"e public-w-e fare. The proposed change, should it be granted, will not constitute a grant of special privilege, but the Future Land Use Designation must be granted prior to the rezoning. Summary and Conclusions Prior to Certification: Based on the above analysis, Heavy Commercial Zoning_is-consistent with the Comprehensive Plan-and_data and and analysis -_ shows that a commercial center is appropriate in the neighborhood. Recommendation: Staff recommends approval of the -request to -allow rezoning -from Residential Mobile Horne (RMH) and Holding *to Heavy Commercial (CHV) permitting the applicant to develop Commercial uses at this location. - - — --- c Dote on mo ion. VOTE Y13A NAY ABSTAIN ABSENT KIRK T ---- Page -5- X. UNFINISHED BUSINESS. A. Council MemberL U) moved to approve the EMS/Fire Rescue Impact Fees Interlocal Agreement betw en the City and the County - City Administrator (Exhibit 3); seconded by Council Member r5w - 0, �) 0 17�1 !Z / 0 S� TC E7c 3 - Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIEDX R Page -6- XI. NEW BUSINESS. A. 1. a) council Member moved to read by title only, and set June 5, 2007 as the final - public hearing date f qrposedO inn No. 985 regarding-4mpact Fees -City Attorney (E�ch Wt 4); seconded by Council Member b) Vote on motion to read by title only. VOTE _ Y A NAY -ABSTAIN ABSENT KIRK. C. WILLIAMS _ MARKHAM - WATFORDL. WILLIAMS - - MOTION: DENIE t, ARRIED c) _Attorney Cook read proposed Ordinance No. 985 by title only as follows: "AN ORDINANCE PROVIDINGFORTHEADOPTIONOFTHECITYOFOKEECHOBEEFLORIDA, CREATING CODE -- - _ BOOK CHAPTER7I.ENIlTLED IMPACT FEES: _PUBLIC -WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR FINDINGS AND DECLARATIONS, - -PROVIDING FAR THE-IMPROSITION OF PUBLIC WORKS, -LAW ENFORCEMENT, ANB FIRE FACILITIES IMPACT FEES, PROVIDING FOR EXEMPTIONS; PROVIDING FOR THE - ACCOUNTINGANDtISE-OF FUNDS; PROV1D1NGiMPACTFEE SCHEDULES, PROVIDING FOR - REVIEW AND REVISION, PROVIDING FOR CONSTRUCTION OR DONATION OF PROPERTY IN LIEU OF IMPACT FEE PAYMENTS PROVIDING- FOR REFUND -PROVIDING FOR -APPEALS; - SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE." 2. a)_ -_ -Council-Member 1 i'! -! moved -to -approve -the -first reading of proposed -Ordinance No. 985; seconded by Council Member b) Discussion. TWtc_tt&W k1L letu alle7 r-.,c� 4 " �w 5�do�_ ��., da,76 - /* air_ Page -7- B. Council Member —w J4-, d moved to adopt proposed Resolution No. 07-07 requesting State funds to bring the bert too ver Dike into compliance - City Administrator (Exhibit 5); seconded by Council Memb ` Attorney Cook read proposed Resolution No. 07-07 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REQUESTING THE UNITED STATES CONGRESS TO APPROPRIATE FUNDS NECESSARY TO BRING THE HERBERT HOOVER DIKE INTO COMPLIANCE WITH CURRENT LEVEE PROTECTION SAFETY STANDARDS AND TO EXPEDITE FUNDING FOR THE IMPROVEMENTS THROUGH PROMPT ENACTMENT OF THE ENERGY AND WATER APPROPRIATIONS BILL OR SOME OTHER MECHANISM, PROVIDING AN EFFECTIVE DATE.,, lb C-9 �' y - 1"� " "C'� /� Vote on motion. VOTE KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIE / ARRIED. Page -9- D. Consider and approve the summer meeting schedule - City Administrator (Exhibit 6). Vote on motion. VOTE YE NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CAR JED. XII. MAYOR KIRK ADJOURNED THE MEETING AT 7o2� p.m. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth 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 #013363 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 05/10/2007 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. IamesA. Hughes, Jr., (Publisher) ! ` Sworn to and subscribed before me this _day of% A.D. 2007 (SEAL) Notary Public ROseaf ee ,,�. Brennan = Commission #DD318483 '= Expires: Jun 25, 2008 9TEcr F�°Q�` Bonded Thnl ,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, May -15, 2007, 6:00 p.m., City Hall, 55 SE 3rd Ave, Rot 206, Okeechobee, Florida The public is invited and encouraged to attend. For a copy of the agenda contact City Administration at (863) 763-3372 a 211. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires.to appCal any *cisitn made by the City. Council with need to 28.6.26, persons withdisabthties needing spicial;, coiniood.ti n to participate in this proceeding' ` should contact Lane Gaminten;. no liner than two (2) working days, prior to the proceeding at 863-763-3372 z 214; if you are hearing or voice impaired, call TDD 1-800-222-3448 (ice)orI-888-447-5620 (TTY). by: lames E. Kirk, Mayor Lane Gann — CMC. City Clerk Published: 05/ 1012007 Okeechobee Times The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing advertisement for publication in the said newspap%er. a, f J K 1 ,��1 Sworn io ayytd subscri d before me this "t 14L dayA Ncla ^A.D.20 Notary Public, State of Florida at Large Public Notice 5005 Public Notice 500511 Public Notice 5005 PUBLIC HEARING NOTICE The City of Okeechobee will be holding a Public Hearing for their Community Development Block Grant (CDBG) Economic Development 06DB-E10 program to discuss a budget amendment and a reduction in activities to be undertaken. The proposed budget for the 06DB-El0 grant is: Activity Number Activity Name Proposed Budget Amount 04B Sewer Lines & Components $132,900.00 04A Water Facilities Improvements $00.00 005 Street Improvements $347.622.00 013 Administration $48,000.00 ^_ 016 Engineering $71,478.00 Total Grant $600,000.00 The proposed amendment deletes the Water Facilities Improvement line item and increases the amount of CDBG funds in the Sewer Line and Components line item. The public hearing to receive citizen views concerning the community's economic and community development needs will be at the City Council meeting held in the City of Okeechobee Council Chambers on Tuesday, May 15, 2007 at 6:00 p.m. The meeting will be held at the Okeechobee City Hall, 55 S.E. 3rd Avenue, Okeechobee. For information concerning the public hearing, contact the City Administrator's Office or telephone 863-763- 3372 ext. 212. In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, the public hearing is being conducted in a handicapped accessible location. Any handicapped person requiring an interpreter for the hearing impaired or the visually impaired should contact the City Administrator's Office, (863) 763-3372 x 212, at least two calendar days prior to the meeting and an interpreter will be provided or call TDD 1-800-222-3448 (voice) or 1-888-447-5620 07Y). Any non-English speaking person wishing to attend the public hearing should contact the City Administrator's Office, (863) 763-3372 ext. 212, at least f,ve calendar days prior to the meeting and a language interpreter will be provided. Brian Whitehall, CITY ADMINISTRATOR tanton� , n ra ,43 Ccmm,# Cu0s.�3..�,� �? Expires C114/2010 .................. CITY OF OKEECHOBEE MAY 15, 2007 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 CALL TO ORDER - Mayor: May 15, 2007 City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Jim Hudson, His House Fellowship; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, 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. A. Proclaim the month of May 2007 as "Foster Family Appreciation Month. B. Recognize the OHS Lady Brahmans Softball Team for their outstanding achievement - Mayor. 15, 2007 PAGE 2 OF 4 V. VI. VII. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 1, 2007 regular meeting. WARRANT REGISTER - City Administrator. A. Motion to approve the April 2007 Warrant Register. General Fund $384,878.19 Capitol Projects -Vehicles $ 66,689.52 Law Enforcement fund $ 3,919.17 CDBG Fund $ 2,686.50 AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. OPEN PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - Mayor. A.1.a) Motion to approve a Community Development Block Grant (CDBG) Economic Development 06DB-E10 Amendment Request - Nancy Phillips, Grants/Funding Specialist (Exhibit 1). b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION -Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 984 regarding Rezoning Petition No. 06-005-R, submitted by H2O1dings, rezoning a 16.24+/- acre of vacant unplatted land from RMH and Holding to CHV - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 984 by title only. 2007 PAGE 3 OF 4 IX. PUBIC HEARING FOR ORDINANCE ADOPTION CONTINUED. 2.a) Motion to adopt Ordinance No. 984. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. X. UNFINISHED BUSINESS. A. Motion to approve the EMS/Fire Rescue Impact Fees Interlocal Agreement between the City and the County - City Administrator (Exhibit 3). XI. NEW BUSINESS. A.1.a) Motion to read by title only and set June 5, 2007 as the final public hearing date for proposed Ordinance No. 985 regarding Impact Fees - City Attorney (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 985 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 985. b) Discussion. c) Vote on motion. B. Motion to adopt proposed Resolution No. 07-07 requesting State funds to bring the Herbert Hoover Dike into compliance - City Administrator (Exhibit 5). C. Motion to ratify the re -appointment of Lane Gamiotea as the fifth member to the City General Employees and OUA Pension Board of Trustees, term beginning May 15, 2007 and ending December 31, 2009 - City Clerk. 15, 2007 PAGE 4 OF 4 XI. NEW BUSINESS CONTINUED. D. Consider and approve the summer meeting schedule - City Administrator (Exhibit 6). Xii. ADJOURN MEETING. 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 proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, 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. jye $,rApr ,,� W- 75, I�II office of the Mallors Okeechobee, FCoriaa ER-EAHibiscus Clildren's Center serves tle entire Treasure Coast rncludingl►fartin :Sx Lucie Inds t � gtzd OkmAIo e6 Counties vi " ryices to clild abuseand n lect nfitl fosterBare bens r b Jr p'o9se5 e9 r ; ' Heir nia or ams-and l Pro d" r �Y HEHAS'Hibiscus Clildren's Center las twO residential faei&es Oat cfildren actually Jive in removed by tl e state from all fOur counties. T4-Center receives ljundreds of c,;ildren annuallJr r qrr� i WHEREAS compassionate foster familes tljro4outFlorida provide more flan 8500 clildren and Jroutl ivrtl safe secure and stable 1pomes; and WHEREAS, L�ese families open their %rrmes and Aeons to clildren m crisis plarJing a vital role in ljealin9 and reconnecting clildren and familes and preparing clildren foradultlood andJar WH--'REAs, foster parents give generously of tlemselves to tf cfildren putt and famileS 6V providing tle ins aluable gifts of conrf rrtl safetrp, :yuAmte, 4Te and love and WHEREAS; numerous individuals and organizations work to increase pubic awareness of toe needs of clildren m /osier care and tlx valuable contributions of fosterparents NOW THEREFORE I James E Kir4 6Jr virtue of tlje autforitJr vested in me as Mahar of t, City of 4e6*k do lerW proclaim t,4e fond of A a& 2007 as 70STER PARENT APPRECIATION MONTH Okee�lO6ee Florida and commend tle Hibiscus Clldren's Center and all foster parents for �=-A dedicated service towards tle foster clildren in Okee vhee County In wkme-ss )vyerevf I Avid and caa W James F Kr� Attest - Lane : Gantga A RMSOLDTIOM NO. 06-174 A RSBOLDTIOM PROCLAIMMM TSM NOMTS OF MAY, 2006, AS POST= pARMMT APPRECIATION IN)W=- = ST. LIICSM COVMTr, FLORIDA TMIZEAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Hibiscus Children's Center serves the entire Treasure Coast by providing services to fight child abuse and neglect on the Treasure Coast, with Foster care being one of their major programs. 2. Hibiscus Children's Center has two residential facilities that children actually live in when they are removed by the state from all four counties. The Center receive hundreds of children annually from St. Lucie County. 3. The family is the foundation of our community and serves as the primary source of love, identity, self-esteem and support. 4. Compassionate foster families throughout Florida provide more than 8,500 children and youth with safe, secure and stable homes. 5. These families open their homes and hearts to children in crisis, playing a vital role in healing and reconnecting children and families and preparing children for adulthood. 6. Foster parents give generously of themselves to the children, youth and families by providing the invaluable gifts of comfort, safety, guidance, hope and love. 7. Numerous individuals and organizations work to increase Public awareness of the needs of children in foster care and the valuable contributions of foster parents. UM, TMRZFORE, Hi IT RMSOLVID by the Board of County Commissioners of St. Lucie County, Florida: w 1. This Board does hereby proclaim the Month of May, 2006, as FOOT= PARENT APPUMCIATXCW fig. in St. Lucie County, Florida. 2. This Board commends the Hibiscus Children's Center and the Foster Parents in St. Lucie County for their love and dedicated service towards the foster children of St. Lucie County. PASSED AND DULY ADOPTMD this 23r° day of May, 2006. ATTEST: HOMW or CO0Rrr c0unsaxOMMRB 8T. LIICIM COOMTr, TLOEm1 GkLXRWM Page 1 of 1 robin brook From: "Rossana Gonzalez" <ronzalez@hco4kids.org> To: <rbrock@cityofokeechobee.com> Sent: Tuesday, May 01, 2007 2:18 PM Attach: 20070501141723877.bf Subject: Foster Family Appreciation Month May is designated Foster Family Appreciation Month. I have attached a copy or sample of last year's proclamation. We will need a proclamation for 2007 and I will be receiving the proclamation at the appointed meeting please confirm the receipt of this request and the day of the meeting I must attend. Thank you Rossana Gonzalez Foster Care Development Specialist Hibiscus Children's Center P.O Box 305 Jensen Beach, FL 34958 ronzalez@hcc4kids.org Open your heart and your home, help a child. Hibiscus Children's Center Foster Parent Training Program call for a schedule of free parenting classes 800-403-931 ]or www.HibiscusChildrensCenter.org 5/15/2007 May 9, 2007 Okeechobee High School Varsity Softball Players and Coaches On behalf of the Mayor and City Council Members, allow me to congratulate each and every one of you for such great accomplishments this softball season. This was a huge endeavor. The City would like to recognize each of you for these accomplishments and ask that you attend the May 15, 2007 City Council meeting at 6:00 p.m. The meeting is held at City Hall, Council Chambers, Room 200, 55 Southeast 3rd Avenue. Should you have any questions, need further information or directions. Please do not hesitate to contact me at (863) 763-3372 ext. 215. With best regards, I am Respectfully, Lane Gamiotea, CMC City Clerk LG/me cc: Toni Wiersma, Principal Darryl Rhoem, Athletic Director Grade Name Team Position Sophomore Randi Barnes 3'd Base Senior Kelci Breaux Pitcher, Short Stop Senior Alisha Claxton 3rd Base Freshman Megan Clements Catcher, 1st Base Freshman Brittney Herndon Short Stop, Out Field Junior Mary Huff Pitcher, 2"d Base Senior Rachel Lowe Pitcher, Out Fielder Junior Jordan Marcum Catcher f fIc�1 2-� Senior Kristina Mellette Pitcher, 1st Base & 2"d Base Senior Kristin McCullough Out Fielder Junior Jordyn Nealis Out Fielder Senior Kelley Smiley Out Fielder LC Junior Elio Suarez Out Fielder Hoo-D) Junior Lauren Throop Out Fielder , vJr p's Assistant Coach Heather Sti##ees Head Coach Kim Hargraves PAGE 01 05/08/2007 13: 47 1 8634625055 PIPPIN JIM 2800 HWY 441 N Okeechobee, FL3492 Ph 803.462,5025 Fax 883,462.5037 �L-mrmq;v TO: Melissa Eddings -Frmm Daryl Roehm Fmc 863-763-1686 pagm 2 (Induding Cover) Pha 863-783-3372 DOM 5/8/2007 Rm state Qualifiers cc: NA 0 Uqpmd 13 For Review C3 Piece Commmd 0 Pkmm Reply 0 Pkmw ReaWle a Canunmvbc Hope this infonTMon will suffice. N you need anything else, do not hesitate to caU. Thank you for your support of Okeechobee Athletics 05/08/2007 13:47 8634625055 PIPPIN JIM PAGE 02 Last Name First Name Grade Position Address Zip Code Softball�cp`ti )#.s Breaux Kelci 12 SS 1100 SW 83rd Ave - Lazy Seven 34974 Claxton Alisha 12 38 1150 NE 42nd Ter 34972 Lowe Rachel 12 P, OF 9W SE 14th CT 34974 McCullough Kristin 12 OF 7284 NE 5th St. - 4 Seasons 34972 Meftne Kristine 12 P, 1 B, 2B 3812 SE 25th St. 34974 Srniley Kelley 12 OF 3534 SE 24th Ter. 34974 Huff Mary 11 P, 20 Rt. 6 Box 604 Reservation 34974 Marcum Jordan 11 C 7100 NE 1st St 34974 Nealis Jord n 11 I OF 1801 South Pamntt Ave. E102 34974 Suarez Elia 11 OF 947 SE 13th Ave 34972 Throop Lauren 11 OF 5800 SE tvy 441 34974 Barnes Randi 10 3B 1380 SE 38th St. - Quail Woods 34974 Clements Megan 9 C, 1 B 8680 SW 13th St. 34974 Herndon Brittne 9 SS, OF 1433 NW Ord Ave. 34972 Cross Count /Track Suarez lBryan 11 1600m/3200rn I 1000 SW 5th St. 34974 CC I 3K Wrestling��r.�.<<r, Curtis Chris 12 HWT 3105 SW Buckskin Ave. 34974 Harrell Robbie 11 103 340 Riverside Rd_ 34974 Bush Donny 10 130 20 Jonian Loop - BHR 34974 Ha es Tyler 10 140 1073 NE 28M Ave. Pine Ridge Park 34974 Brishke Michael 9 1 112 1608 NW Park St 34974 Office of the Mayor City of Okeechobee, Florida Presented to Through Your Dedication, Sportsmanship and Team Spirit as a Member of the OHS Lady Brahman Softball Team The City of Okeechobee, Florida is proud to hereby recognize your achievement as: 2007 Class 4A District Champions 2007 Class 4A Regional Champions 2007 Class 4A State Tournament Final Four Participation �'' , , , , , i / / Office of the Mayor �� -�-- �, •_�_ 4 D1 S 4... a 06eci okee f�:Iorljl R. Law Enforcement Officers are the guardians of life and property, defenders of to be fm, warriors in the war against crime, and dedicated to the preservation of life f - _� flre pursuit of happiness; and f�EtAO- this day was set aside to honor the law enforcement officers who have been killed orb . irr. Xhe lure of duty; andh £, HEREAS, •"4w Enforcement Appreciation Day" is intended to be a show of confidence for ak } officers and law enforcement agencies from the general public and to provide a tremendourale` , booster.to the dedicated men and women wearing a badge for the protection of our corrrrturirty;`._. and `WHEREAS, the community's peace officers have long sustained a tradition of performing the hrghes quality worm and providing a better life environment for others, and WHEREAS, one of the community's important resources are the breve, devoted peace officers who ` willingly dedicate their lives to securing the safe human society for all, and SM WHEREAS, each citizen during Law Enforcement Appreciation Day at First Missionary Baptist Church of Dean's Court, Reverend Leroy B. Smith, Pastor, will honor and support every police,agehdy.now W serving the City and County of Okeechobee. -- NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the-Ltty of }' Okeechobee, do hereby proclaim May 20, 2007 as "Law Enforcement Appreciation _ -74i7 Okeechobee and call upon all Okeechobee citizens to show their deep respect and appretron, to the men and women who willingly risk their lives to protect ours. In mitKess x� rav I err �.. '. d j •`� .... ... " :.per ..' i IWN)esE K _ Attest .I.,r1ne,Ganrrot �{r R t._ Office of the Mayor ,x ' g Okeechobee, Florida ER1A$, ,America is the land of freedom, preserved and protected willingly a� , izen soldiers; and } ¢t,R S, mitlions who have answered the call to arms have died on the field �of batty , r ° k - HEREh: - nation at peace must be reminded of the price of war and the debt owed'I _ who h$ve died in war; and IHEREAS, the"red poppy has been designated as a symbol of sacrifice of lives in all h� Y warms; anc� ,WHEREAS,the American Legion Auxiliary has pledged to remind America annually of this debf� through the distribution of the memorial flower. :NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim May 26, 2007 and May 28, 2007 as "Po „ PPY Days" c and ask that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the Memorial Poppy on these days. In witness whereof I have -hereunto set my. MR d and caused is to b sea/ e:;aXed. James E Kirk, off' = Attest: ^ Lane Gamiotea, C.r 3 t , The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a S, i in the matter of �- }-QJ�LVS.�-arw� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of —7 OG Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn fo a# d subscrijed before me this �} day 9fj - A.D�.�2/0w,� Notary Public, State of Florida at Large Public Notice 5005 Public Notice 5005 Public Notice 5005 PUBLIC HEARING NOTICE The City of Okeechobee will be holding a Public Hearing for their Community Development Block Grant (CDBG) Economic Development 06DB-E10 program to discuss a budget amendment and a reduction in activities to be undertaken. The proposed budget for the 06DB-El0 grant is: Activity Number Activity Name Proposed Budget Amount 04B Sewer Lines & Components $132,900.00 04A Water Facilities Improvements $00.00 005 Street Improvements $347,622.00 013 Administration $4f 016 Engineering $7Total Grant $60 The proposed amendment deletes the Water Facilities Improvement line item and increases the amount of CDBG funds in the Sewer Line and Components line item. The public hearing to receive citizen views concerning the community's economic and community development needs will be at the City Council meeting held in the City of Okeechobee Council Chambers on Tuesday, May 15, 2007 at 6:00 p.m. The meeting wig be held at the Okeechobee City Hall, 55 S.E. 3rd Avenue, Okeechobee. For information concerning the public hearing, contact the City Administrator's Office or telephone 863 63- 3372 ext. 212- In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286 26. the public hearing is being conducted in a handicapped accessible location. Any handicapped 4 person requiring an interpreter for the hearing impaired or the visually impaired should contact the City Administrator's Office, (863) 763-3372 x 212, at least two calendar days [ prior to the meeting and an interpreter will be provided or call TOO, 1-800-222-3448 (voice) k or 1-888-447-5620 (TTY). Any non-English speaking person wishing to attend the public hearing should contact the City Administrator's Office, (863) 763-3372 ext. 212 at least five calendar days prior to the meeting and a language interpreter will be provided. e Brian Whitehall, CITY ADMINISTRATOR e ;IFf� y1 ;'�`aar rs , CGiflt115,� 1.'�Vuv.iJ" rt LE .C3f'l14i2010 AMENDED E)WIBIT 1 AkY 15, 2007 MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 May 15, 2007 REVISED MEMORANDUM TO: The Honorable Mayor and City Council Members FROM: Nancy Phillips, Grants/Funding Specialist U SUBJECT: Community Development Block Grant (CDBG) Economic Development 06DB-E 10 Amendment Request — Revised On February 27, 2006, the City was awarded a CDBG Economic Development grant that will be used to construct water and sewer lines and roadway improvements to the site of the new Olde Tyme Construction's manufacturing facility, in the City's Commerce Center. OTC agreed to create 18 new job opportunities for residents of the City and Okeechobee County. All construction and job creation has to be completed by February 26, 2008. The original budget for this project established in the grant award was: Water Facilities Sewer Facilities Street Improvements Grant Administration Engineering Total Grant Award $ 16,950.00 $132,900.00 $330,672.00 $ 48,000.00 $ 71,478.00 $600,000.00 Since the award, the City hired the engineering firm of LBFH, Inc. who designed the infrastructure. The City advertised the construction bid opportunity and Telehar Construction was the low bidder at $416,656.00. Construction began in early April and the work is processing according to the schedule. Since the start of construction, the City has approved two change orders in the amount of $33,461.00, which increased the contract amount to $450,117.00. An amendment is required for the City's CDBG Economic Development grant. This budget amendment transfers $16,950 from the Water Facilities line item and increases the Street Improvements line item by the same amount. This deletes the Water Facilities accomplishments (linear footage) and line item from the overall grant. The engineer for the project advised today that the sewer activity is completed. There is $22,780.00 remaining in the sewer line item that can be transferred to the Street Improvement line item without -the approval of the CATE As part of the CDBG grant process, approval of the amendment to delete the Water Facilities line item was required by the CATF. The CATF met on May 101' and approved the transfer from the Water Facilities to Street Improvements. Based upon the information received today, I am suggesting that the City Council consider the following grant amendment: Water Facilities $ 00.00 Sewer Improvements $110,120.00 Street Improvements $370,402.00 Grant Administration $ 48,000.00 Engineering $ 71,478.00 Total Grant Amount $600,000.00 Thank you for allowing this change to be brought before you. /nsp EXHIBIT 1 MAY 15, 2007 MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 May 7, 2007 TRANSMITTED VIA EMAIL TO: The Honorable Mayor and City Councilmembers FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: Community Development Block Grant (CDBG) Economic Development 06DB-E 10 Amendment Request On February 27, 2006, the City was awarded a CDBG Economic Development grant that will be used to construct water and sewer lines and roadway improvements to the site of the new Olde Tyme Construction's manufacturing facility, in the City's Commerce Center. OTC agreed to create 18 new job opportunities for residents of the City and Okeechobee County. All construction and job creation has to be completed by February 26, 2008. The original budget for this project established in the grant award was: Water Facilities $ 16,950.00 Sewer Facilities $132,900.00 Street Improvements $330,672.00 Grant Administration $ 48,000.00 Engineering $ 71,478.00 Total Grant Award $600,000.00 Since the award, the City hired the engineering firm of LBFH, Inc. who designed the infrastructure. The City advertised the construction bid opportunity and Telehar Construction was the low bidder at $416,656.00. Construction began in early April and the work is processing according to the schedule. Since the start of construction, the City has approved one change order in the amount of $29,061.00, which increased the contract amount to $445,717.00. An amendment is required for the City's CDBG Economic Development grant. This budget amendment transfers $16,950 from the Water Facilities line item and increases the Street Improvements line item by the same amount. As part of the CDBG grant process, approval of the amendment is required by the CATF. The CATF will be meeting on May 10t' at 5:30 p.m. At the City Council meeting on May 15t', I will provide a verbal update of the CATF meeting. The following grant budget is being presented as part of the amendment process for the City Council to consider: Water Facilities $ 00.00 Sewer Improvements $132,900.00 Street Improvements $347,622.00 Grant Administration $ 48,000.00 Engineering $ 71,478.00 Total Grant Amount $600,000.00 Also, as part of the CDBG amendment process, the City Council has to conduct a Public Hearing on the proposed budget amendment. I will be present at the May 15t' City Council meeting to address any questions and/or comments you might have on the proposed amendment. /nsp CITY OF OKEECHOBEE CITIZENS ADVISORY TASK FORCE MAY 109 2007 SUMMARY Pagel of 3 AGENDA CODE BOARD ACTION I. CALL MEETING TO ORDER May 10, 2007 Citizens Advisory Task Force meeting was called to order at 5:30 p.m. by Chairperson Worley. H. PLEDGE OF ALLEGIANCE. III. BOARD MEMBERS ATTENDANCE: Chairperson Mack Worley Vice -Chairperson Jamie Gamiotea Member Bea Castorina Member Frank Irby Member Marsha Montesi Member Andrea Nelson Member Rennae Sweda Alternate Heather Hancock Alternate Penny Revels STAFF ATTENDANCE: Attorney John Cook Fire Chief/Code Enforcement Officer Herb Smith Code Enforcement Officer Fred Sterling Secretary Sue Christopher Chairperson Worley led the Pledge of Allegiance. Present Present Absent with consent Present Present Absent with consent (Penny Revels filled the seat for Member Nelson) Present (Entered chambers at 5:32 p.m.) Present (Moved to a voting member position for Member Sweda) Present Absent Absent Absent Present 10, 2007 - Citizens Advisory Task Force Meeting - Page 2 of 3 AGENDA Nancy Phillips Nancy Phillips & Associates, L. C Grants/Funding Specialist Budget amendment to City's Community Development Block Grant (CDBG) CODE BOARD ACTION Nancy Phillips of Nancy Phillips & Associates thanked the Citizen's Advisory Task Force for taking time out of their schedules to attend the meeting and contribute to the City of Okeechobee. Ms. Phillips gave the Board some background on the City's Community Development Block Grant which was awarded on February 27, 2006. This grant will be used to construct water/sewer lines and make roadway improvements to the site on behalf of the Olde Tyme Construction facility. She stated at the time the grant was submitted the original budget was: Water Facilities $16,950.00; Sewer Facilities $132,900.00; Street Improvements $330,672.00; Grant Administration $48,000.00; Engineering $71,478.00 for a total of $600,000.00. Olde Tyme Construction will create eighteen new jobs and ten of these will be available for low to moderate income residents of the area. All of the construction and job creation must be completed by February 26, 2008. Since the award the City hired the engineering firm of LBFH, Inc. who designed the plans and the specs. The construction went out to bid and Telehar Construction was the low bidder at $416,656.00. Since construction started there has been one change order which increased the contract amount to $445, 717.00. She stated the purpose of the meeting tonight was to ask for the Boards consideration of a budget amendment to transfer the Water Facilities $16,950.00 portion of the grant to the Street Improvements increasing that line item to $347,622.00. During the engineering design on the project it was determined no water improvements were needed to the site. City Administrator, Brian Whitehall, gave a brief update on the progress of the project since the last meeting of the Citizens Advisory Task Force in July of 2005. He stated originally a recycling plant had planned to build a site but later backed out. However, the City was able to pursue the grant based on the number of employees Olde Tyme Construction would generate. He informed the Task Force the project was about half way complete. He said the first payment estimate had just been approved for $163,000.00 which included a lake, sanitary sewer section and some road improvements. Member Gamiotea moved to recommend to the City Council that the Citizen's Advisory Task Force recommends a grant budget amendment moving the Water Facilities line item of $16,950.00 to the Street Improvement line item increasing it to $347,622.00; seconded by Member Montesi. Worley - Yes Nelson - Absent Montesi -Yes Motion Carried Gamiotea - Yes Castorina - Absent Irby - Yes Sweda - Non -voting Hancock - Yes Revels - Yes N�a C iTION CODE BOARD A _ AGENDA _ CgA1RpE -SON VV OULVY . MErj'r ides to appeal ally rson decides AD1O BE ADDED that ifwial respect to any fitter e �p CE Adviso to S e ftt a v rbatm urn Ofthe the e oT �LEA�E T Y the Citizen' rds of th decision Made s meeting, hetshe maY e tes f backup for of%cial reco ade, which reed includes th considered at s m hie sole pip° "ppeal is to be based Media is for departn'lmt. Mack Worley, Chrperson ATTEST istopher, Secretary Sue Chr at 5 •.4Q agenda Chairperson jNorley adj ourned the meeting T p'm here being no further items on the g The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of i47 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -�-o T 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 newsp/japer- Swom to' and -subscribed before me this �y daypf/ 1 t A.D. 20 u 7 Notary Public, State of Florida at Large PUBLIC NOTICE CONSIDERATNIN OF ADOPTING A CITY ORDINANCE - N-WE TAKE NOTICE that the City Counc8 of the City of Okeechobee, Florida wig on Tuesday, May 15, 2007 at 6:00 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 finalre of the following Ordinance into law: NO, 984: AN ORDI- ANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND (MORE)PAR- TICULAGY/ DESCRIBED DHEREIICT TO HEAVY COMMERCIAL FROM EOBECHHOVyM�� ZONINGG D SD TRACT; AMENDING THE ZONING MAP ACCORDINGLY; PRO�IDING FOR CON- FLICTS, SEVERABILITY AND AN EFFECTIVE DATE. The Ordinance is regarding Rezoning Application No. 06.005-R, submitted by Craig Hackl on behalf of property owners s) H2Okliigs LLC. The appkcatbn is to charge the zoning desiQraaDon from Rest Mob le Homes (RMH) and Holding (H) to Heavy Commercial (CHV) for a 16.24 +/- acre parcel of unptatted vacant property located North of Northeast Park Street (State Road 70) across from the Post Office. A8 members of the public are encouraged to attend and participate in said hear- ing. The proposed Ordinance may be nspected in its entirety by members of the ublic in the Office of the City Clerk during regular business hours, Mon -Fri, am-4:330pqq exceptfortakdays. PLEASEnTAKE NO110E AND BE ADVISED that'rf arty person desires to appeal any decision made Dy the City Council with respect to any matter considered at this hearing, such irderested person wdl need a recall of the proceedings, and for such purpose may need to ensure a verbatirra record of the proceedings is made, which record k ckades the testimony and evidence upon which the appeal is to be based. City Clerk media are fa the sde purpose of backup fa of6rJal records of the Clerk. In accordance w th the Americana witty Disability Act (AOA) and Florida Stables 286.26, persons with disabikties needing special aceommodabon to participate in this proceedng strould contact Lane Gam otea no later than two (2) working days prior to the proceeding at 863.763-3372 X215; 'rf hear ng a voice impaired, call TDD 1-B00.222-3448 (voice) or 1-888-447-5620 Lane Gan otm CMC CITY CLERK 209174 ON 5/4/2007 EXHIBIT NO. EXHIBIT NO. A ORDINANCE NO. 984 MAY 1-1ST READ MAY 15 - FINAL AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME (RMH) AND HOLDING (H) ZONING DISTRICTTO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number; 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Mr. Craig Hackl, on behalf of property owner H2O1dings, LLC, of the property more particularly described hereafter, has heretofore filed Petition No. 06-005-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 16.24 acre(s) from Residential Mobile Homes (RMH) and Holding (H) 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 August 17, 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 A: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 15; THENCE ALONG THE SOUTH LINE OF SAID SECTION 15, SOUTH 89 DEGREES 2 FEET 40 INCHES WEST, 486.26 FEET TO A POINT OF THE SOUTH LINE OF SECTION 15; THENCE NORTH 00 DEGREES 57 FEET 20 INCHES WEST, 63.49 FEET; THENCE NORTH 00 DEGREES 16 FEET 59 INCHES WEST, 250.90 FEET; THENCE SOUTH 89 DEGREES 54 FEET 49 INCHES WEST, 186.29 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID LINE SOUTH 89 DEGREES 54 FEET 49 INCHES WEST, 674.15 FEET; THENCE NORTH 00 DEGREES 13 FEET 56 INCHES WEST, 943.80 FEET; THENCE NORTH 89 DEGREES 10 FEET 00 INCHES EAST, 336.67 FEET; THENCE NORTH 00 DEGREES 15 FEET 28 INCHES WEST, 49.99 FEET; THENCE NORTH 89 DEGREES 09 FEET 59 Page 1 of 2 INCHES WEST, 336.64 FEET; THENCE SOUTH 00 DEGREES 16 FEET 59 INCHES EAST, 1002.57 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 15.05 ACRES, MORE OR LESS. PARCEL B: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 15; THENCE ALONG THE SOUTH LINE OF SAID SECTION 15, SOUTH 89 DEGREES 02 FEET 40 INCHES WEST, 486.26 FEET TO A POINT ON THE SOUTH LINE OF SECTION 15; THENCE NORTH 00 DEGREES 57 FEET 20 INCHES WEST, 63.49 FEET; THENCE NORTH 00 DEGREES 16 FEET 59 INCHES WEST, 250.90 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 54 FEET 49 INCHES WEST, 186.29 FEET; THENCE NORTH 00 DEGREES 13 FEET 56 INCHES WEST, 276.78 FEET; THENCE NORTH 89 DEGREES 02 FEET 40 INCHES EAST,186.30 FEET; THENCE SOUTH 00 DEGREES 16 FEET 59 INCHES EAST, 279.61 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.19 ACRES, MORE OR LESS. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Mobile Home (RMH) and Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District. The zoning for this parcel is subject to the further limitations of the Comprehensive Plan, Future Land Use Element, Policy 2.6. 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 1s' day of May, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 151h day of May, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: James E. Kirk, Mayor John R. Cook, City Attorney Page 2 of 2 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Applicant. • Craig Hack4 President Owner: H2O Holdings, LLC. From: Residential Mobile Home (RA4H) and Holding to Heavy Commercial (CHV) Petition No. 06-005-R Staff Report Rezoning Request Applicant: Craig Hackl/H20 Holdings LLC Petition No. 06-005-R General Information Agent. � Craig M Ha kl, President ' Phone Number: 561-747-2295 Fax<Nurrlber Owner of Record: H2O Holdings, LLC Exsttng Proposed Property Control 2-15-37-35-OA00-00008-0000 and Number 2-15-37-35-OA00-00007-0000 Future Land Use Single Family Commercial Designation Zoning District RMH & H CHV Acreage 16.24 16.24 Density 4 du/ac NA Access SR 70 Same Legal Description: Parcel A: A parcel of land lying in Section 15. Township 37 South. Range 35 Fa5t_ Okeechobee County. Florida, and being more particukn l} described as follows: COMMENCE at the Southeast corner of said Section 15; thence along the South line of said Section 15, S.89°02'40"W., 486.26 feet to a point on the South line of Section 15; thence N.00°57'20"W., 63.49 feet; thence N.00'16'59"W., 250.90 feet; thence S.89054'49"W., 186.29 feet to the POINT OF BEGINNING; thence continue along said line S.89°54'49"W., 674.15 feet; thence N.00'13'56"W., 943.80 feet; thence N.89'10'00"E., 336.67 feet; thence N.00°15'28"W., 49.99 feet; thence N.89°09'59"W., 336.64 feet; thence S.00'16'59"E., 1002.57 feet to the POINT OF BEGINNING. Said parcel contains 15.05 acres, more or less. Parcel B: A parcel of land lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: COMMENCE at the Southeast corner of said Section 15; thence along the South line of said Section 15, S.89'02'40"W., 486.26 feet to a point on the South line of Section 15; thence N.00°57'20"W., 63.49 feet; thence N_00°16'59"W., 250.90 feet to the POINT OF BEGINNING; thence S.89°54'49"W., 186.29 feet; thence N.00°13'56"W., 276.78 feet; thence N.89°02'40"F., 186.30 feet; thence S_00°16'59'T., 279.61 feet to the POINT OF BEGINNING. Said parcel contains 1.19 acres, more or less. Staff Report Applicant: Craig Hackl/H20 Holdings LLC Rezoning Request Petition No. 06-005-R Request: The owner/applicant requests a rezoning for the subject property from Residential Mobile Home (RMH) and Holding (H) to Heavy Commercial (CHV) in order to develop a commercial/retail center with a variety of uses. Adjacent Future Land Use Map Classifications and Zoning Districts: South: FLUM Classification': Zoning District: Existing Land Use: West: FLUM Classification: Zoning District: Existing Land Use: Commercial and Single family Commercial Commercial Single Family RMH and RSF-1 Residential The entire site is currently vacant and undeveloped and within the RMH, Holding, and CHV Zoning Districts. The applicant is proposing retail and office commercial uses for the property. Given the property's proximity to SR 70, in addition to the existing land uses of the abutting properties, the proposed commercial development would be consistent with the current surrounding land uses. Analysis 1. The proposed use and Zoning are not contrary to Comprehensive Plan requirements. The Heavy Commercial Zoning District would be a consistent zoning if the applicant's request for the Commercial Future Land Use category is granted. The applicant has applied for a Large Scale Future Land Use Amendment and staff did recommend for approval of that request as the proposed use and zoning are not contrary to the Comprehensive Plan requirements. Staff Report Rezoning Request Applicant: Craig Hackl/H20 Holdings LLC Petition No. 06-005-R 2. The proposed use being applied for is specifically authorized under the Zoning District in the Land Development Regulations. Several types of commercial uses are allowed and authorized under the Heavy Commercial Zoning District. Section 90-282(1) and (2) describes professional office, business office, medical office and retail service, retail store including outdoor display of merchandise as permitted uses in this District. The applicant has stated the retail and office uses will be a part of the development. 3. The proposed use and Zoning will not have an adverse effect on the public interest. The public interest will not be negatively affected by this Zoning it has been determined that the impacts are not too intensive for the surrounding area. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Surrounding uses that are commercial in nature show compatibility with uses allowed under this CHV Zoning District. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the, improvement or development of adjoccnt propertv_ The proposed use andZ.oning if approved would not he a deterrent to the improvement or development of adjacent properties if it is properly planned. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The applicant has submitted information which discusses the anticipated flow of water and sewer for the development. The OUA has stated that there is sufficient capacity to serve the proposed development. A traffic analysis determined that the traffic impact of the proposed commercial development would not negatively impact the surrounding roadway network. 3 Staff Report Rezoning Request Applicant: Craig Hackl/H2O Holdings LLC Petition No. 06-005-R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed development is required to meet all conditions and standards required by the City of Okeechobee and the Florida Administrative Code for drainage. This can be done at the site plan review phase of development. As stated above, traffic impacts will be able to be accommodated during the site plan process. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change, if granted, will not constitute a grant of special privilege, but the Future Land Use Designation must be granted prior to the rezoning. Summary and Conclusions Prior to Certification Based on the above analysis, Heavv Commercial Zonis, is consistent with the Comprehensive Plan and data and analysis shows that a commercial center- is appropriate in the neighborhood. Staff recommends approval of the request to allow rezoning from Residential Mobile Home (RMH) and Holding (H) to Heavy Commercial (CHV) permitting the applicant to develop Commercial uses at this location. Submitted by: James G. LaRue, AICP Planning Consultant August 2006 M �rtter o��ce MEMORANDUM TO: Mayor Kirk, Council Members, Administrator Whitehall, Staff and Press FROM: Melisa Eddings, Deputy Clerk ` j;' SUBJECT: Revised Staff Report for H2O1dings, LLC/06-005-R DATE: April 30, 2007 Please disregard the Staff Report which is dated July 2006 of your packet material. The most current Revised Staff Report is dated August 2006 which is attached. LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 - FAX: 239-334-6384 e-mail: larue-planning@att.net Memo To: City Council Members From: James Cx LaRue, AICP Date: April 30, 2007 Subject: 06-005-R H2O Holdings The item before you today is a rezoning which was submitted by the applicant last year concurrent with an application to amend the Future Land Use Map. The Staff Report was approved by City Staff and the LPA pending the Future Land Use Map Amendment's approval by the Department of Community Affairs. On April 13, 2007, we received approval of the Map Amendment request to allow a limited amount of commercial uses on the subject property. This limitation was set forth by a new policy (Policy2.6) within the Future Land Use Element of the Plan. As described by the attached August Staff Report, this applicant's request to rezone the property to CHV is consistent with the Comprehensive Plan and Staff recommends approval of the request. JGL:lk cc: Brian Whitehall, City Administrator John Cook, City Attorney Lane Gamiotea, City Clerk Betty Clement, General Services Coordinator City of Okeecliobee [ Daft;: r� Gerrcrtl 5crsrires 1)cpstrltntent Fee Paid; 600.00 .Iuriuiictiosv PB 4'0,r, 55 S.E, 3`1 Avenue, Room 101 )sr Hearing' Jr q g 17 p(rSna x r,�: - Jr is o Okcechobcc, Florida 34974_2903 Pg 'hone: (863) '163-3372, ext. 21-� Pchiicttian I5ste3: — � 5j5 eG : 511107 Fax; (W) 763-1686 Natiee, WHO; Uniform Land Use Application Rr znne - Snecial Rxccotion • Vut'iance ✓ �� l`asne or pcoparty ownar(s): � � d is � i E�Gi � , L�� !i Owner trailing address: VO 2d� �5.. Pt p ACC t12t 1S; Fi- 334t2Ci p t 9' Namea rf applicant(s) if"other than owner (sage relationship): (� V- P->kC ii Applicant mailingaddrevs: PC> C o-,c �j�O`'3 � Pr�c.im 6E-A,� C A Name of contactperson (state relationship): GV-rn k(t M_ jr1ilC�t� C. t QQE .. o4= aZdt--C)t A45 I N -t' Contact vason davrimc hone(,)' '5la l - f 4A - 2-2-Fttx: `> 25 ✓ Property address: directions to property_ li. SiDC Der Sly-10 Irakfite, current use of property: Describe improvements on prcf-serty, including mirnber/type of dwcllings and whether occupied 6fnonc, so statcf Approximate number of acres: l .> NC Is propeyty in a plaited sabdivision? L 14 tRc e a cuirent or reccm use of the property that is,'wns a violation of county ordinance? 1fsa, describe: I� U there been a:ay larld U-,c applicz arm concerning s;: cr p:srt of dtis protse;n_� ut the l rt w--ur':' if so, indicate dare, i P r.arure snJ eoplicant's nar..c F }� , a sale svbject to this applicarion being granted? "0 t- is the subjact parcel your to:al holdings at that location? If not; describe the remainingor intended tuts' De -scribe adjoining land Uses/ irnprovernents to the North- v OE t1'T % P—%.- South: C a I�t E 12-� l� L asL: LQ lv�N�E L i l� l� West, C0 tip t ` ' t Existing-orting: i= (� : �E f��- RES portage land Use c�ass?ficatior.: r� pivj i. E(LCe 11s-t, I -A-ciions Requestea: r ) Rezone L, Special Exception (_) Variance I i € arcel Identification (`'umber: 2 - f � ' 31 - 35 - U 1N d 0 0 00C>' 1 � - C> CSC) c ✓ Confirmation of lnforrnation_ Accuracy C - _ 7 hereby certify that the irfor-tatior: rr, thi;; upplicarion is correct. The informatior irctuded in this .application is for use by uhc City of 0kmtchobce in processing my request. F, kc or misleading in;ortnatim may be punishable by a fine of up to SSrJt .00 and itnpr.sar cot of um t =4 days wd may result in the summary denial of this app:ic,ttion. C) S,gn�tore —� Printed Name Rate Unifc,rrn Latter i;se &pplicvtiUra (rcv. 1103) rage I of 2 ,��!>ACKC'tI Vc�� 15G�� I .acireS�Ll�� C�tS� ZOti: CJ�V E iZ1�11-I less � al-rea d y n P� �t-cama a is °�-3S o �.a= C- Co&-c�ec�a�Q.SQt/- FLIA CfSi= 70M ' CNV E ft 1P55 Part 6d ready z6na C-{ v : /. 19 Current zoning ciassificatiom. e6' Requested zoning classification : Al Ci R Whttt is your desired permitted use undeT the Toposed cfnssifcfttinn_ O iy If punted. will the new zone be contiguous with a like ume? \(QC, O ta 'BAST 4 1 r` Varktncc? r 2s s Special i:xccptiott necessary for. your 1RTm d use'? �i UrZifomr Land Use Application (rev. l,u^) Page 2 of 2 February 22, 2006 The City of Okeechobee Board of Adjustments, Land Planning Agency Planning Board City Hall 55 S.E .Third Avenue Okeechobee, FL Re: Zoning Change Request Tax ID 2-15-37-35-OA00-00007-0000 2-15-37-35-OA00-00008-0000 Dear Zoning Board Members: Attached herewith are the necessary documents in support of our request for a zoning change for a portion of the property described in this submittal. The subject of this request is a 21.14 acre parcel fronting on the north side of State Route 70, east of State Route 441 in Okeechobee City, Florida. That portion of the subject site fronting on State Route 70 is currently zoned "Commercial" whereas the rear portion of the same site is zoned "future residential Current interest in new housing development in Okeechobee suggests significant increases in population in the near future. In turn, the need for commercial space and the jobs it brings rises in response to hous- ing growth. The advantages that commercial zoning development brings to Okeechobee City in the form of sales taxes, an enhanced real estate tax base and increased level of employment is self evident. State Route 441 presently has the largest commercially developed properties within the city. State Route 70, immediately west of State Route 441 and now to the east of 441 constitutes the other principal commercially zoned district serving the community. Future development along State Route 70 eastward to Fort Pierce and southeast along State Route 710 (Bee Line Highway) will attract significant traffic and commercial potential to the benefit of Okeechobee, both City and County. This concept is already supported by every inquiry we have had on the subject property to date in which interest in the property has been to zone the site "Commercial" in its entirety. As indicated herein, the subject site is surrounded by commercially zoned property to the East and South. Small trailer parks exist immediately West and across State Route 70 to the Southwest. A drainage swale and overhead power lines separate the subject site from undeveloped residentially zoned property to the North accessible only via SE 13th Avenue or perhaps off of State Route 441 North of State Route 70. We respectfully request the subject property be changed to "all commercial" zoning from its current zoning which is part commercial, part residential for the following reasons: 1. "Highest and best uses of the subject site zoning is "Commercial" in that this zoning will benefit the city most through sales taxes, higher real estate property taxes and increased employment. 2. State Route 70 at the subject property's location could hardly be considered a suitable roadway from a residential perspective. Despite the fact that a four way intersection can be developed midway across the subject site frontage, there is no other access to the currently zoned "Residential" portion of this prop- erty. This means that access to the residential portion would only be available from a highly trafficked roadway (State Route 70) through property that is currently zoned "Commercial" — a circumstance which is neither safe nor attractive to residential development. 3. All inquirers to date concerning the subject property have expressed the desire to have the entire site zoned "Commercial". Furthermore, these interested parties wish to co -develop the subject site with the adjoining 18 acres to the East (currently zoned commercial), to create a "destination" spot for the city. Although premature, early talks reveal a mixed -use plan of retail (both large and small) and office space. This would not only create a "destination" spot for family and friends, but it could also generate numer- ous jobs for local citizens. 4. As Okeechobee City and County continue to grow, the State Route 70 corridor, particularly extending east from State Route 441, will be better served by a site of the size, shape and character of the subject property to be commercially zoned. This property, along with the adjoining 18 acres, has the potential not only to becoming a "destination" spot, but it WILL be the first thing travelers from the East will see when they cross into city limits. 5. Currently zoned trailer parks along State Route 70 should be phased out over time as they no longer meet the "highest and best use" test and in fact are fast becoming a liability to the community in terms of real estate tax contribution, requirements for City services, stability and appearance. We would be pleased to respond to any questions that our proposal raises, but hopefully circumstances cited in support of our request for the zoning changes requested are both self evident and self explanatory. Respectfully submitted, el_�_, vM 1�,A Craig M. Hackl President H2O Holdings LLC LEGAL DESCRIPTION PARCEL A A PORTION OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST OKEECHOBEE COUNTY, FLORIDA A parcel of land lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: COMMENCE at the Southeast comer of said Section 15; thence along the South line of said Section 15, S.89002'40"W., 486.26 feet to a point on the South line of Section 15; thence N.00-57'20"W., 63.49 feet; thence N.00'16'59' W., 250.90 feet; thence S.89*54'49' VV., 186.29 feet to the POINT OF BEGINNING; thence continue along said line S.89'54'49"W., 674-15 feet; thence N.00*13'56'W., 943-80 feet; thence N.89'10'00"E-, 336.67 feet; thence N.00'15'28"W., 49-99 feet; thence N.89'09'59' VV., 336-64 feet; thence S.00'16'59"E., 1002.57 feet to the POINT OF BEGINNING. Said parcel contains 15.05 acres, more or less. SEE ATTACHED FOR SKETCH This legal description and the attached sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. Bearings shown hereon are based on the State Plane Coordinate System, North American Datum of 1983/1990 Adjustment (NAD83/90), Florida West Zone. The reference bearing is the Southerly line of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, being S.89002'40"W. Prepared by: WilsonMiller, Inc. Gary V, Rashfo Professional. Surveyor and Mapper No. LS6305 State of Florida PIN-- 03552-004-002 GI.P00 Ref.: A-03552-087 Date April 18.2006 5 Date Offices strategically located to serve our clients 800-649-4336 Foil Myers Office 4571 Colonial Boulevard • Fort Myers, Florida 33912 a 239 9391020 • Fax 239939.3412 wilsonmillercom 511620W "M Ver_ 01!-7HALL o�wa ZB99&8B&994 -00000 WilsonMitter.Mc. — FL L-AF LC-0000170 LEGAL DESCRIPTION PARCEL B A PORTION OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST OKEECHOBEE COUNTY, FLORIDA A parcel of land lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows_ COMMENCE at the Southeast comer of said Section 15; thence along the South line of said Section 15, S.89'02'40"W., 486.26 feet to a point on. the South line of Section 15; thence, N.00057'20"W., 63.49 feet, thence, N.00'16'59"W., 250.90 feet to the POINT OF BEGINNING; thence, S.89'5449"W., 186.29 feet; thence N_00°16'59"W., 276.78 feet; thence N.89'02'40"E., 186.30 feet; thence S-00'16'59"E-, 279.61 feet to the POINT OF BEGINNING. Said parcel contains 1.19 acres, more or less. SEE ATTACHED FOR SKETCH This legal description and the attached sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper - Bearings shown hereon are based on the State Plane Coordinate System, North American Datum of 1983/1990 Adjustment (NAD83/90), Florida West Zone. The reference bearing is the Southerly line of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, being S.89'02'40"W. Prepared by. Wilson/1411ler, Inc. )A �' n —�' Gary W ashford Professional Surveyor and Mapper No. LS6305 State of Florida - 5 t& o� Date Offices strategically located to serve our clients 800.649-4336 Fort Myers Office 4571 Colonial Boulevard - Fort Myers. Florida 33912 - 239 091020 • Fax2399393412 wilsonmfilercom 5fl&'Ms, 442M Ve - Oil- MALL Cn 2W99-999-999--OMW W 1sooMV1-,,1 - — FL Lief LC-0000170 lMI121111 Prepared by and return to: Leonard Rutland, Jr., Esquire 759 South Federal Highway Suite 303 Stuart, FL 34994 File Number: 10837,24 Space Above This I.mc For Recording Data Warranty Deed Frit_E NUM -�!Oo4004662 OR BK 00525 PG 1999 SHARON ROSERTSON, CLERK OF CIRCUIT COURT 0KEECHDI?EE CC1UKTYr FL RECORDED 1:13f15y?1117 12"51.,27 FTI F;;I i-:DRDTHG FEES 1.0,51:1 ftECORDF,'.C, P,Y G Mewklourn This Warranty Deed made this loth day of March, 2004 between Harbour Bay Properties, Inc., a Florida corporation, whose post office address is c/o Theodore G. Glasrud, 3634 SE Fairway East, St, FL 34997, grantor, and H2O1dings, LLC, a Delaware limited liability company �J whose post office address is c/o tee: �.42-bGti►f, f 334d0 (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and ,rantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida to - SEE ATTACHED EXHIBIT "A" Subject to taxes for 2004 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 Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; 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, 2003, 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: 170 State of Florida County of Martin The foregoing instrument was acknowledged before me this Harbour Bay Properties, Inc., on behalf of the corporation, license as iclentiicaiiotY. [Notary Seal] 1,1- aT our operties, Inc. —__--'heo ore Ma nt (Corporate Seal) 1 Oth day of March, 2004 by Theodore G. Glasrud, President of He L<is personally known to me or [X] has produced a driver's Notary P lic rented Name; LEONARD RUTLAND JR. Notary Public• NaFe of Flor a :vly ComrnisSiOl LMTOOMM1891100 Commission #C0828236 Double Timee - . , " Fund File No.: 57-04-61 Exhibit A Parcel 1: The West r/2 of ,the Southwest''/+ of the Southeast % of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, lying North of the North right-of-way line of State Road No. 70; Except the North So feet of the West % of the West '/2 of the Southwest 'A of the Southeast V for road purposes; also Except the following described property conveyed to the St ate of Florida: A parcel of land in .the West,'fi of the Southwest % of the Southeast % of Section 15, Township 37 South, Range' 35 East, Being more particularly described as follows: Commence at the South %, corner of said Section IS, thence run Northerly on the V. section line a distance of36,95 feet to the centerline of State Road 70; thence. North. 800. 54' 49" East, on said centerline a distance of 347.10 feet; thence Northerly at 90° to said centerline a distance of 40 feet t0 the Point of Beginning; thence continue Northerly a distance of 17 feet; thence Easterly at. 90° 'a distance of 20 feet; thence Southerly at 90° a distance of 17 i feet: thence Westerly ait 90' a distance of 20 feet to the Point of Beginning. Parcel Id. Number: R2-1.5-37-35-t1A00-00007-0000 I Parcel 2:. Beginning at the Southwest corner of the East '/, of the Southwest 'A of the Southeast''/. I of Sectior. IS, Township 37 South, Range 35 East and run North along the West boundary a distance of 594 feet. then run East a distance of 186.3 feet. then run South a distance of 594, feet to the. South Boundary of Section IS. then run West a distance of I 186.3 feet to the POINT OF BEGINNING, Less and Except the right -of --way for State Road 70. Parcel Id. Number: R2-15-37-35-OA00-00008-0000 NORTHEAST CORNER Of ACTION 15 1 NORTH OUARTER CORNER OF NORMWEST CORNER OF - 9 10 l -- SECTION 15 I. _—_ - - —_- SECTION 75 1 15 � 11 16 15 19 N _ AICRTH TINE OF. THE SOG'.HWF_ST OMRTER• OF THE SOUWAST OITARTER OF SECTION 15-37-35 m9lovalf A667 17 h *.41 79 41 SQM41 f51 T \ 4 � 4 a _ 1z PARCEL A 10, 1'. xo@ "`•�' ,i LiNWE THE REGHLATORYR6D CIIDN 3 1 AWNCi FEDERAL. STATE OR LOGll BEAR'NGS Sh%N HEREON ARE BASED ON THE STATE %NNE COORDINATE SYSTEM. NORTH AN£RC'AN DATUM OF 1983/1990 AD USAIENT (NAD63/90), ELORIM Wf5T ZONE: THE REfIILThCE ffARMC 6 THE SOUTH LINE OF S£CTON /5, GDAG S89.OZ'40•WCORNER 1IOMTNENTS WERE N07 SFT W CONJUACTION WRH THE PREPARATION OF THIS SKETCH. PARCEL B7.79 ACl7E5 P.O.B. P.0_ B. 67iIS' PARCEL A PARCEL B ---'"AB95N9i`B6RY1'" I kn- PARCEL C_ 4.95 ACRES - P.0.B. PARCEL C JI 15 14 16115 s69[¢vdr -RE-N 21 22 P.0_C. 22 23 . SOUWAST CORNER OF SECTION 15 .. - SOYTHIYE'ST CORNER.OF SECTTDN 15 - - SKETCH ONL Y NOT A SURVEY SEE ATTACHED FOR LECAL DESCRIPTIONS Ac Fa DON HACKL ow.N m �'� rCV+aa +R �% '�`« mom: SKETCH TO ACCOMPANY LEGAL DESCRIPTIONS /+yOH CLIENT: 233 �" Ate. sulE �, °a"'" B"` `+R° + REZONING FOR PORTIONS OF +'-+�' LIELXEO 81? 4NR/1]0[ wm... ey,.,•/h�+Y:anw�•1��wr«.l�W�r . +�.. cHr-A °. tL"m 806H1 amo �,• Y�arA/HT SECTION 15. TOWNSHIP 37 S., RANGE 35 E +s-sTs-ax 3+2-565-4500 wl— ocuo W/— nELO BOOK AGE" KM /+ CHEF: :wo..r.+...M OKEECHOBEE, FLORIDA /I' gnr+.r:v.lr asHH-ti ssrw. HH.s �rrv« ame Avamc nA .n «oux xa + ss woe a�u.. rAiaEe: aaAnen� � 05611000000 MASLD 1 « 1 0=05511-001. - - FNO WTMCZS COMB? PK N48. h 06K ZB 1721; _ -N . KCA W. CaPNEA OF SEG I5-37-J5 ' (CAIC PoSNlAV, - C0.4NER FA[LS 6J conulJ -_ 26BB1Y JJJ777 N8YT235 £ 5374_.Tl' - - - FW- CONG Yov N 114 CORNER OF SEC IS-J7-35 _ - _ 76Bb:Qi" - - I . _ fML1-/!�'V '�IKc� - N.W. CMNER a, SEC 15-17-J5 M - psr OECIFEa raiam w e 'Of +v+ �COMG uOM. --Em Yoh 4q RRG OgRO BEIFNG cas ca�c anac nwicnnc COR Np63t orE P.iAE m �4E PRY PtF PB PUMP wrF�o LLc plBllC VIHIh• w��x x�w aern+cTc aFxu� �tolmt _ se 10YY1 OF " FlA FXFMR me PWuwpf RFFED m PERYaar comma i puT June 27, 2006 - Plannin BoardBoard of Ad'ustments and Appeals - Page 6 of 12 1 V. PUBLIC HEARING CONTINUED. D. Consider Petition No. 06-013-R continued. A second public hearing will be held before the City Council on Tuesday, August 1, 2006 at 6:00 p.m. in the Council Chambers, E. Consider Petition No. 06-005-R: Recommendation to the City Council to rczon,• an unplatted, vacant 15.5 acre Parcel of Land from Residential Mobil Homc (RMH to Heavy Commercial (CHV) and an unplaited, vacant 1/19 acre Parce! of Land from Holding (H) to Heavy Commercial The subject property is loaned North of East North Park Street (State Road 70 Gast) across from the Post Office. The petition was submitted by Craig M. Hack], on behalf of property owners, H2oHolding, LLC. This application was deferred from the May 23, 2006' meeting - City Planning Consultant. A second public hearing will be held before the City Council on Tuesday, August 1, 2006 at 6:00 p.m. in the Council Chambers. F. Consider Petition No. 06-012-R: Recommendation to the City Council to rezone Lots 11 and 12 of Block 175, City of Okeechobee, from Residential Multiple Family (RMF) to Light Commercial (CLT). The subject property is located at 216 Southwest 3rd Avenue. Ismael Gardune-Telles and Maria Ester Garduno are the property owners —City Planning Consultant. VOTE HOOVER - YEA K. KELLER - YEA LEDFERD-YEA JUAREZ-YEA MCCOY - YEA .JOHNS - YEA BURROUGHS - YEA MOTION CARRIED. Petition will be forwarded in ordinance form fora final Public Hearing on August 1, 2006 before City Council. Boas iv4C_; PT Burroughs moved to table Rezoning Petition No. 06-005-R until August 17, 2006 as requested by the applica,;,'; seconded by Board Member Hoover. VOTE HOOVER - YEA K. KELLER - YEA I,EDFERD - YEA ,JUAREZ - YEA MCCOY - YEA JOHNS -YEA BURROUGHS-YEA MOTION CARRIED. Due to the postponement of action, the second public hearing will be reschudeled for Septemberl9, 2006 before the City Council. Petition No. 06-012-R was submitted by the property owners, Ismael Gardune-Telles and Maria Ester Garduno. The request is to rezone Lots 11 and 12 of Block 175, City of Okeechobee, from Residential Multiples Family (RMF) to Light Commercial (CLT). The subject property is located at 216 Southwest 3 Avenue. 10 August 17, 2006 - Planning Board/Board of Adjustment and Appeals - Page 2 of 14 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's Chairperson Ledferd asked whether there were any requests to add, defer or withdraw items on today' agenda. agenda. New Business Item A, a proposed amendment in parking regulations will specifically bE discussed. V. OPEN PUBLIC HEARING - Chairperson. A. Rezoning Petition No. 06-005-R - City Planning Consultant. 1. Motion to remove Petition No. 06-005-R from the table. 2. Vote on Motion CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:03 P.M. Petition No. 06-005-R submitted by Craig M. Hackl on behalf of property owner H2O Holdings, LLC, to rezone two unplatted, vacant 15.05 acres parcels Iocated North of East North Park Street from Holding and Residential Mobile Home to Heavy Commercial. Board Member Hoover moved to remove from the table, Rezoning Petition No. 06-005-R seconded by Board Member McCoy. Vote LEDFERD-YEA I100N'ER - I EA BURROL'GHS - YEA KELLER - YEA MAXWELL - YEA MCCOY - YEA JOHNS - YEA MOTION CARRIED. 3. Consider a recommendation to the City Council for Petition No. Planning Staff Report Summary: The site is currently vacant and undeveloped and within the RMH, 06-005-R submitted by Craig M. Hack] on behalf of property Holding, and CHV Zoning Districts. The applicant is proposing Commercial uses for the property, but owner H2O Holdings, LLC, to rezone two unplatted, vacant 15.05 an exact use has not been determined at this time. Given the property's proximity to East North Park acres parcels located North of East North Park Street from Holding Street (SR. 70), in addition to the existing land uses of the abutting properties, the proposed Commercial and Residential Mobile Home to Heavy Commercial. Development would be consistent with the current surrounding land uses. Planning Staff Analysis: 1. The proposed use and zoning are not contrary to comprehensive plan requirements. CHV Zoning would be a consistent Zoning only if the Commercial Future Land Use category is granted. V. PUBLIC HEARING CONTINUED. A. 3. Petition No. 06-005-R continued. 17, 2006 - of Adjustment and Appeals -page 3110. 2- The proposed use being applied for is specifically authorized ullnPl - Zoning District in the Land Development Regulations. Several types of commerci Zoning District. The applicant has stated th .. _ 14, es are allowed and authorized under the CHV 1-� Yetail uses will be a part of the development, but it is not clear what is being asked for. 3. The Proposed use and Zoning will not have an adverse effect on the public interest. The public interest will not be negatively affected by this Zoning if it is determined the impacts are not too intensive. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing Iand use patterns. Surrounding uses that are Commercial show compatibility with uses allowed under this Zoning District but it remains to be determined regarding the residential areas. 5_ The proposed nse will not adverse}v affecI propertV ��alues or living conditions, or be a deterr'.,1i «, the rmproveuneril of 0c c iopnment of ,Idper n! P1op(.11 7 �ilVj LORI(1° Ll appio\('(� h.��iuti not beli det(gent i(, the ru1pioverlicnt or (Ie,.Llopmer,i properties if it is properi} plaiin'.<i 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact or an nuisance or hazard to the neighborhood_ If necessary, site plan requirements can help to reduce any impacts upon the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such a schools, streets, and utility services_ The applicant would need to submit a letter to the City which discusses the anticipated flow of water and sewer for the development. The applicant needs to submit information from the OUA which discusses whether there is sufficient capacity to serve the propose development. The d applicant must submit a traffic analysis which will determine the impact of traffic on the surrounding roadway network. This analysis should portray the total impact of surrounding Commercial trips, also. 8_ The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety_ The proposed development is required to meet all conditions and standards required by the City of Okeechobee and the Florida Administrative Code for drainage. This can be done at the site plan review phase of development. As stated above, traffic impacts will need to be determined by submitting a traffic analysis. I V L August 17, 2006 - Planning Board/Board of Adiustment and Appeals - Page 4 of 14 V. PUBLIC HEARING CONTINUED. A. 3. Petition No. 06-005-R continued. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the propose use has not been inordinately burdened. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change, if granted, will not constitute a grant of special privilege, but the Future Land Use Designation must be granted prior to the rezoning. Summary and Conclusions Prior to Certification: Based on the above analysis, Heavy Commercial Zoning does not seem appropriate unless all the data and analysis shows that a Commercial center is appropriate in the neighborhood. Recommendation: Staff did not recommend approval of the request at this time to allow rezoning from Residential Mobile Home (RMH) and Holding (H) to Heavy Commercial (CHV) permitting the applicant to develop Commercial uses at this location_ On %bv 2006. the [ �-oid V,cii� � r-ccomnwnded for approval of the je,,gM • co11tingernl upon the applicant plovidiiit- the �ohmving additional infojinatioii bctoie the August 1, 2000 City Council transmittal meeting for the applicant's Large Scale Future Land Use Map request_ 1. Potable Water Issue: The anticipated flow for the subject property has not been provided. We need a determination of how much potable water the entire site is expected to demand. Submit a letter to the Okeechobee Utility Authority (OUA) to determine whether the OUA will have the capacity to serve the proposed development. The response should take into consideration the existing capacity of the water supply plant, how much is already committed to use, and a cumulative impact for already approved development. 2. Wastewater Issue: The anticipated flow for wastewater has not been determined. As with the potable water issue, a determination of wastewater flows should be given to the OUA_ As you know, the exces, capacity of the wastewater treatment plant is less than 300,000 gallons per day (GPD), but until th, expansion to the plant is completed we need to know if the OUA will have the capacity to handle you commercial development. 17, 2006 - of Adjustments and Anneals - V. PUBLIC HEARING CONTINUED. A. 3. Petition No. 06-005-R continued. 3. Drainage/Stormwater Management Issue: Because of the amount of impervious areas which is customary with commercial uses, we need an idea of how stormwater discharge will be handled on the site. Drainage plans can be submitted during the site plan review phase of development, but for now we need a statement which will discuss, for example, possible detention areas, connecting culverts or outfall structures which will manage surface water on the site. 4. Traffic Issue: We also requested that you submj�- _ L a traffic analysis which demonstrates how the Proposed development would impact the surrounding roadway network. The study must contain quantitative analysis dealing with the impacts of the proposed commercial development throughout the short-term plMullng time frame (5-years) and the long term planning time frame (10-years)_ It is 111,SLT,9esttd that this be done for the roadway segments gments withing a 3-mile radius of the subject property. In addition, the analysis must take into consideration the adopted level of service (LOS) standard for the surrounding roads, especially SR 70, and how the proposed development will impact the LOS_ Cha1rpersoi1 t-edfcid asked E� Ile�h��r [here tir ,tn� yul'st�>r3_> l3uard Member knf'ou"Fi� ��iif��icned \1'lkcIh('l[iIdti" ii� I[tt �iffft)illldiu�' plt)pcm �)ll[il'C:, iVi;l'll,` !f}ill \4f'iC stated dulill" d}c l fflow Niap ,lrner,u>>cru discris��on`> Mr_ Craig Hackl replied that at this time only the potable water, sewer and traffic impacts had to be addressed_ Buffering and other issues raised at the previous meeting and cannot be adequately addressed until we know what development will be constructed- Those issues will be addressed during site plan review. Alternate O'Connor noted that this will also have to be considered before the City Council for final approval, and not until the Comprehensive Plan Future Land Use Large Scale Map Amendment is approved first. Clerk Gamiotea distributed copies of a conceptual drawing that was presented to City Council. Chairperson Ledferd asked whether there were anymore question for Mr_ Hack]? Alternate Epifanio Juarez as asked whether Mr. LaRue had seen the conceptual drawing. Mr. Dulmer answered yes, along with the water and sewer study, which were reviewed by Mr. LaRue and approved. V. PUBLIC BEARING CONTINUED. A. 3. Petition No. 06-005-R continued. /t w, and public hearing will be held before the City Council pending Large Scale Comprehensive Plan Map Amendment Application 06-CI -001 at a date to be determined, in the Council Chambers QUASI-JUDICIAL A. Special Exception Petition No. 06-008-SE, Tom Forbes is the applicant on behalf of property owners Isaac and Cinderella Kelbie to allow the placement and set-up of a mobile home that was manufactured more than five years prior to the date of the application - Building Official_ MEE=_tn_= Chairperson Ledferd asked whether there were quest i )ns or comments from the public? There were none Board Member Burroughs moved to end Rezoning Petition No_ 06-005-R to rezone two unplatted, vacant to Heavy Commer�� 5.05 acre parcels located N�ith of East North Park Street from Holding and Residential Mobile Home t-• consistent with the Comprehensive Plan and recommend approval to the City Council; secor�, ed by Board Member Johns. Vote LEDFERD - YEA HOOVER - YEA BURROUGHS-YEA KELLER - YEA MAXWELL - YEA MCCOY - YEA JOHNS -YEA 1io'T►O', c XRR1E1)_ Chairperson Ledferd advised that a second public hearing will be held before the City Council pending approval of Large Scale Comprehensive Plan Map Amendment Application 06-C1-001, at a date to be determined, in the Council Chambers_ Consider Petition No. 06-008-SE to allow the placement and set-up of a mobile home that was manufactured more than five years prior to the date of this application. Building Official Tom Forbes presented an application on behalf of Isaac and Cinderella Kelbie to allow the placement and set-up of a mobile home that was manufactured more than five years prior to the date of this application located in the River Bend Mobile Home Park located at 1307 South Parrott Avenue, Lot 50, City of Okeechobee. ExeIBIT 3 MAY 15, 2007 INTERLOCAL AGREEMENT (EMS/Fire Rescue Impact Fees) THIS AGREEMENT entered into this _ day of April, 2007, by and between OKEECHOBEE COUNTY, a political subdivision of the State of Florida, (County), and the CITY OF OKEECHOBEE, a Florida municipal corporation, (City). WHEREAS, the County has adopted a EMS Impact Fee Ordinance to address the need for EMS/Fire Rescue (hereinafter referred to as "EMS") capital improvements in Okeechobee County; and WHEREAS, the City and the County wish to enter into this Interlocal agreement to provide for the collection of EMS impact fees within unincorporated area of the County and within the municipal boundaries of the City. NOW, THEREFORE, IT IS AGREED as follows: 1. The City agrees to: a. Collect the applicable EMS impact fee as provided in the Okeechobee County EMS Impact Fee Ordinance. b. Maintain all records of the EMS impact fees collected including the name, address, and amount paid. The City shall, on a monthly basis, provide copies of such records to the County, with the copies being provided by the 15th day of each month reflecting collections received the previous month. C. Remit to County all funds collected as EMS impact fees. The City may impose an administrative charge of not more than three percent (3%) of the funds collected which may be kept by City as reimbursement for the its actual cost of collection of the funds. The City shall remit the impact fee funds to the County, by the 15th day of the month following collection. d. Notify the County Administrator or his designee when there is a request for a development permit for a residential use that is not designated in the EMS impact fee schedule. e. Notify the County Administrator or his designee when there is an offer to donate or construct part of an EMS capital improvement project by a developer in the City, in lieu of paying all or part of the EMS impact fee. f. Provide the County on December 1 of each year, annual financial reports and information pertaining to the collection of EMS impact fees by the City during the previous fiscal year. 2. County agrees to: a. Collect the applicable EMS impact fee as provided in the Okeechobee County EMS Impact Fee Ordinance. b. Provide to the City, administrative procedures and administrative assistance in setting up bookkeeping and other accounting procedures necessary for City to collect the fee. C. Expend impact fee funds for the sole purpose of providing EMS capital improvements that will increase EMS capacity necessitated by the development that paid impact fees in a manner that will demonstrably benefit the payers of the impact fees as provided in the Okeechobee County EMS Impact Fee Ordinance. d. Provide to the City, on January 1 of each year, annual financial reports and information showing how impact fees were used during the previous fiscal year and how impact fees are planned to be used during the current fiscal year. e. Notify the City when it has received an offer by a developer to donate or construct all or part of an EMS capital improvement located within the City in lieu of payment of all or part of the EMS impact fee as provided in the EMS Impact Fee Ordinance, and whether it has accepted or rejected the offer. f. The County shall hold the City harmless should any suit or legal action be brought to contest the validity of the EMS impact fee ordinance or to contest the amount of any impact fee imposed or collected pursuant to the EMS impact fee ordinance. The County agrees to provide any legal defense necessary at no cost to the City. Should a Court of competent jurisdiction order a refund of all or part of any EMS impact fee or should any refund be agreed to by the County, the refund shall be paid solely by the County. 3. The County shall have the final authority and responsibility as provided in the EMS Impact Fee Ordinance as to whether to accept an offer by a developer to donate or to construct all or part of an EMS capital improvement in lieu of payment of all or part of the EMS impact fee. 4. The County shall have the final authority and responsibility for the use and expenditure of impact fee monies pursuant to the EMS Impact Fee Ordinance. 5. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 6. This Agreement shall be effective for a period of ten (10) years beginning on the date that all parties, have executed this Agreement. The Agreement may be amended, terminated or extended upon mutual written agreement of all parties. IN WITNESS WHEREOF the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. BOARD OF COUNTY COMMISSIONERS ATTEST: OKEECHOBEE COUNTY, FLORIDA Clerk , Sharon Robertson Chairman Okeechobee County, Florida DATE: APPROVED AS TO FORM AND CORRECTNESS: By: ounty Attomey y CITY OF OKEECHOBEE, FLORIDA ATTEST: Clerk Mayor DATE: APPROVED AS TO FORM AND CORRECTNESS: City Attorney EXHIBIT Na 4 MAY 15 -1ST REAV EXHIBIT NO. JUN 5 - FINAL ORDINANCE NO. 985 2S AN ORDINANCE P OF THE ' CITY OF OKEECHOBEE FLORIDA, CREATING CODE BOOK CHAPTER 71 ENTITLED IMPACT FEES: PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR FINDINGS AND DECLARATIONS; PROVIDING FOR THE IMPOSITION OF PUBLIC WORKS; LAW ENFORCEMENT, AND FIRE FACILITIES IMPACT FEES; PROVIDING FOR EXEMPTIONS; PROVIDING FOR THE ACCOUNTING AND USE OF FUNDS; PROVIDING IMPACT FEE SCHEDULES; PROVIDING FOR REVIEW AND REVISION; PROVIDING FOR CONSTRUCTION OR DONATION OF PROPERTY IN LIEU OF IMPACT FEE PAYMENTS; PROVIDING FOR REFUNDS; PROVIDING FOR APPEALS; SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee is hereby creating a new Chapter of the Code Ordinances entitled Chapter 71, Impact Fees: Public Works, Law Enforcement and Fire Facilities; and WHEREAS, the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on May 17, 2007 reviewed said Code Book Chapter 71, Impact Fees: Public Works, Law Enforcement and Fire Facilities and has found it to be consistent with the Comprehensive Plan and is recommending approval. WHEREAS, the City Council has agreed with the recommendation of the Planning Board and deems Code Book Chapter 71, Impact Fees: Public Works, Law Enforcement and Fire Facilities to be in the best interests of the health, safety, and welfare of the citizens of the City. 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. Amending the City of Okeechobee Code. That the City of Okeechobee Code shall be amended to add a new Chapter 71 IMPACT FEES to read as follows: ARTICLE I. GENERAL. Section. 71-1. Authority and Applicability. (1) The City of Okeechobee (City) has the authority to adopt this chapter and collect impact fees as provided in this chapter pursuant to home rule powers granted to cities under Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and pursuant to other Florida laws, including sections 163,3201, 163.3202, and 163.31801 Florida Statutes. Page 1 of 14 (2) The City has the power and responsibility to provide services and facilities. Development within the City impacts the capital improvement needed by the City to provide those services and facilities. (3) Planning for capital improvements to serve development that generates additional demand for services and facilities and the subsequent implementation of these plans, is a responsibility of the City. Moreover, such planning is determined by the City Council to be in the best interests of the health, safety, and welfare of the citizens of the City. Section. 71-2. Purpose and Intent. (1) This chapter is intended to implement and be consistent with the goals, objectives and policies of the City Comprehensive Plan. (2) It is a purpose of this chapter to assistin the provision of an adequate level of service in capital facilities, so that development may occur in a manner consistent with the Comprehensive Plan of the City and with Florida law which requires the provision of public facilities concurrent with the impacts of development, Payment of impact fees does not guarantee that the facilities necessary for the development proposed by the payer of the impact fees will meet the requirements of concurrency. (3) It is also the purpose of this chapter to regulate the use and development of land to assure that development bears a proportionate share of the cost of capital improvements that will be necessary to provide capital facilities to adequately serve the future needs of the City and to implement its Comprehensive Plan. (4) The Florida Legislature, through the enactment of the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3201, 163.3202, and 163.31801 Florida Statutes, and the Environmental Land and Water Management Act, section 380.06(16), Florida Statutes, and the entirety of Chapters 163 and 380, respectively, encourages local governments to enact impact fee programs as a part of their land development regulations to implement their comprehensive plans. Section. 71-3. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: (1) Applicant. A person commencing a land development activity or a change of use or requesting approval of a land development activity or a change of use covered by this chapter. Also includes a person requesting approval of in lieu impact fee payments as provided in this chapter independently of an application for development approval or change of use. (2) Building Permit. Permits issued by the City authorizing the construction or installation of buildings, structures, and other improvements including mobile homes and recreational vehicles. (3) Capital Cost. An expenditure which, under generally accepted accounting principles for local governments, would be considered a one time capital expense. (4) Capital Improvements. Construction costs, planning, engineering, design, surveys, inspection, testing, land acquisition, site improvements, and other costs associated with the acquisition and construction of facilities that will provide additional capacity. Page 2 of 14 (5) Comprehensive Plan. The comprehensive plan of City of Okeechobee, Florida, adopted pursuant to sec. 163.3161 et. seq. Florida Statutes. (6) City Administrator. The City Administrator of the City of Okeechobee, or a person or persons designated by the City Administrator to carry out a function described in this chapter. (7) City Council. The City Council of the City of Okeechobee, Florida. (8) Dwelling Unit. Single-family and multi -family residential units attached and detached dwellings, houses of conventional or manufactured construction, mobile homes, recreational vehicles and all other structures used for permanent residence, regardless of whether occupied by a tenant or owner. (9) Gross Floor Area. Total area of exterior walls, including for example Also includes areas where business structure. all floors of a structure measured to halls, stairways, and elevator shafts. is conducted outside the walls of the (10) Land Development Activity or Project. Land development or the construction of buildings or structures, or any change of use of land or of a building or structure. (11) Person. Any individual, company, corporation, association, or other legal entity. Section. 71-4. General Findings and Declarations. (1) The City Council hereby finds that development in the City requires additional governmental services and capital facilities. (2) It is the policy of the City Council that new development should pay a pro rata share of capital costs related to the additional services and facilities required to accommodate new development. (3) The City Council, after consideration of the City of Okeechobee Impact Fee Study-2007 together with the experience of other similarly situated communities, hereby finds that impact fees provide a reasonable method of regulating development in the City so that development will pay a pro rata share of capital costs of services and facilities necessary to accommodate that development. (4) Providing an adequate level of facilities and services within the City is essential to and in the best interests of the public health, safety, and welfare of City of Okeechobee. (5) Under the provisions of this chapter, development shall be required to pay a reasonable pro rata share of the capital costs related to the services and facilities made necessary by such development. Development that pays impact fees is not responsible for the public facility needs of existing development that did not pay impact fees and impact fees will not be used to cure existing deficiencies resulting from existing development. (6) It is the policy of the City that an adequate level of service in services and facilities will be provided throughout the City concurrent with the impacts of development, so that development will occur in a manner consistent with the City Comprehensive Plan. (7) Based on the City of Okeechobee Impact Fee Study-2007 the City Council finds that a rational nexus, relationship, and connection exists between the capital costs of Capital Improvements made necessary by development and the impact fees to be imposed on development and Page 3 of 14 collected pursuant to this chapter, and between the expenditure of these funds on Capital Improvements induced by growth and the benefit to the payers of fees. (8) Development impacts the capital cost of providing services and facilities. The City of Okeechobee Impact Fee Study-2007 allocates the capital cost of providing Capital Improvements among various types of land uses and between developments that increase demand on facilities and existing development. (9) This chapter provides for th Improvements necessary for the facilities needed for development ii the City of Okeechobee Impact Fee collection impact fees for Capital provision of adequate services and the City based on and supported by Study-2007. (10) The City Council provides services and facilities on a City-wide basis. By accepting Impact fees, the City Council has an affirmative duty to ensure that Capital Improvements necessary to provide services and facilities that are paid for with impact fees will be of benefit to the payers of those fees. Therefore, impact fees imposed pursuant to this chapter shall be used to pay for those capital costs related to the Capital Improvements that will be required for and which will benefit development in the City. By accepting impact fees the City Council assumes responsibility for, and will pay from revenues other than impact fees, the costs of the Capital Improvement needs of existing development. Section. 71-5. Exemptions. (1) The following shall be exempt from payment of an impact fee: (a) Alterations or expansion of an existing building or structure or a change of use where no additional dwelling units will be produced, where the use will not be changed, and where no additional need for facilities will be generated over and above those generated by the existing building, structure, or use. (b) The construction of accessory buildings or structures or change of use that will not generate additional need for facilities over and above those generated by the principal building, structure or use of the land. (c) The replacement of a demolished or partially demolished building or structure with a new building or structure which will not generate additional need for facilities over and above those generated by the original building or structure, provided that there is no change of use of the land and that the new building or structure is permitted and under construction within five (5) years of the date of demolished and that such construction continues to completion without abandonment, expiration, or loss of permits. (2) Any claim of exemption must be made no later than the time of application for a building permit. Section. 71-6. General Provisions. (1) The applicant shall pay impact fees required by this chapter to the City as applicable prior to the issuance of the relevant building permit, certificate of occupancy, other permit, or prior to the change of use necessitating the impact fee payment. (2) If impact fees are owed, no development permit of any type or certificate of occupancy may be issued for the building or structure in question and no construction or change of use shall be allowed while the fee remains unpaid. The City Administrator may authorize the initiation of Page 4 of 14 any action as permitted by law or equity to suspend development activities pending payment or to collect the unpaid fees. (3) The following condition shall be included in each development order approving a zoning, rezoning, plat, subdivision, site plan, building permit, or the issuance of any other development permit: "Approval of this project is conditioned upon payment of all applicable impact fees, as provided in the City of Okeechobee Code." (4) A violation of this chapter is punishable as an ordinance violation as provided in this Code. In addition to or in lieu of any criminal prosecution, the City has the power to sue for relief in civil court to enforce the provisions of this chapter as well as any other method of enforcement provided by the City of Okeechobee Code. Knowingly furnishing false information to the City Administrator or any official who is charged with the collection of impact fees pursuant to this chapter or on any matter relating to the administration of this chapter constitutes a violation hereof. (5) In the case of structures, mobile homes or recreational vehicles that are moved from one location to another, impact fees will be collected for the new location if the structure, mobile home or recreational vehicle constitutes one of the land development uses in the applicable Impact Fee Schedule regardless of whether impact fees had been paid at the old location, unless the use at the new location is a replacement of an equivalent use. If the structure, mobile home or recreational vehicle so moved is replaced by an equivalent use, no impact fee is owed for the replacement use. In every case, the burden of proving past payment of impact fees and of proving equivalency of use, rests with the applicant. (6) No building permit, certificate of occupancy, or other permit shall be issued or change of use of existing improvements allowed, where such improvements to land can generate additional need for facilities, unless and until the applicable impact fee hereby required has been paid. (7) All expenditures of impact fee funds shall be consistent with the principles set forth in Contractors and Builders Association v. City of Dunedin, 329 So. 2d 314 (Fla, 1976), Hollywood, Inc., v. Broward County, 431 So. 2d 606 (Fla. 4th DCA 1983), Home Builders and Contractors Association of Palm Beach County, Inc. v. Board of County Commissioners of Palm Beach City, 446 So. 2d 140 (Fla. 4th DCA 1984), cert. denied, 451 So. 2d 848 (Fla.1984), and St. Johns County v. Northeast Florida Builders Association Inc., 583 So. 2d 635 (Fla.1991) and hereafter as such principles are clarified or amended by further Florida case law. (8) The City may impose an administrative charge not to exceed three (3) percent of the impact fee amount in the impact fee schedule to reimburse its actual costs for the collection of impact fees. (9) The applicant may propose a schedule and method for payment of impact fees appropriate to the particular circumstances of the proposed development in lieu of the requirements for payment of the impact fees in this chapter; provided that the City receives acceptable security ensuring payment of the fees prior to the issuance of a building permit. Such security may take the form of a cash bond, surety bond, irrevocable letter of credit, or a negotiable certificate of deposit. Liens or mortgages on lands to be covered by the building permit are not acceptable. Any agreement proposed by an applicant pursuant to this subsection must be approved by the City prior to the issuance of the building permit, certificate of occupancy, or other permit for the applicable improvement. The City may approve such agreements only if it is found that the agreement will apportion the burden of new capital facilities in a just and equitable fashion, consistent with the Florida statutory and case law. Page 5 of 14 (10� The City Administrator shall determine the classification of improvement to be made or land use type in order to apply the correct impa,.ct fee in accordance with the applicable Impact Fee Schedule. The following guidelines shall be considered in making such determination: (a) If a building or structure is requested for mixed uses, then the impact fee shall be determined by apportioning the Gross Floor ,Area committed to uses specified on the fee schedule. (b) If the type of residential development activity for which a building permit is applied, or change of use is not specified on the feE) schedule, the City Administrator shall use the fee applicable to the most nearly comparable type of land development on the applicable Impact Fee Schedule provided the proposed devE)lopment activity or use can generate additional need for Capital Improvements. (c) In the case of a change of use, redevelopment, or modification of an existing use the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use. No impact fee refund will be granted if a net decrease results. (d) The applicant may submit evidence to the City Administrator demonstrating that the impact fees set out in the Impact Fee Schedule are not applicable to the particular development. Based upon substantial competent evidence the City Administrator may adjust the impact fee to be appropriate for the particular development. (11) The City shall not give impact fee credits for impact fees paid, or Capital Improvements constructed, or dedications or donations of property, except to the extent that such credit was specifically granted by the City to an applicant in a binding written agreement. If an applicant or successor in interest or predecessor in title has agreed in a binding written agreement with thE� City or other governmental agency not to seek or accept any impact fee credits then it shall not be given impact fee credits, or be eligible for in lieu payments, for the construction of Capital Improvements or the dedication or donation of property required by the agreement. (12) The City shall provide on January 1 of each year, annual financial reports and information showing how the impact fees that have been collected were used as specified in this chapter during the previous fiscal year and how impact fees are planned to be used during the current fiscal year. Section. 71-7. Review and revision. (1) The City shall review the City of Okeechobee Impact Fee Studies at least once every three years and the City shall revise this chapter as necessary. (2) The City Administrator shall recommend adjustments to the Impact Fee Schedule amounts each calendar year as may be necessary to account for changes in the costs of construction and property acquisition. Any adjustments shall be adopted by resolution of the City Council. Unless otherwise directed by the City Council, any adjustments to the Impact Fee Schedules shall be effective the first Monday in October of each calendar year and shall be based on the Engineering News Record (ENR) Construction Cost Index or such other indexes or computations Page 6 of 14 determined by the City Administrator to be suitable for use in the City to reflect the costs of facility construction and land acquisition. Section. 71-8. Refund of impact fees paid. (1) If a building permit or a permit for a mobile home or recreational. vehicle expires and if no construction has been commenced, then the applicant or its successors may request, within three (3) months of permit expiration, a refund of the impact fee paid as a condition for its issuance without payment of interest. (2) Any impact fee funds not expended or encumbered by the end of the calendar quarter immediately following five (5) years from the date the impact fee payment was collected, shall, upon application of the current property owner within one hundred eighty (180) days of the expiration of the five (5) year period, be returned to the current property owner with interest at the rate of five (5) per cent per annum. Sections 71-9 through 71-10 reserved. ARTICLE II. PUBLIC WORKS IMPACT FEES. Section. 71-11. Imposition of Public Works Impact Fees. (1) Any person who seeks to make improvements to land which can generate additional demand on Public Works facilities and which requires the issuance of a building permit or certificate of occupancy or other development permit, or who seeks to change the use of improvements to land to a use which can generate additional need for Public Works facilities shall be required to pay a Public Works impact fee in the manner and amount set forth in this chapter. Section. 71-12. Trust �ccount and kse of J nds. (1) All Public Works impact fee funds shall be used solely for the purpose of Public Works Capital Improvements that will provide additional capacity as provided in this chapter. (2) Public Works impact fee funds collected by.the City shall be placed in an interest bearing special trust account until such time as the expenditures authorized by this chapter will take place. Interest proceeds from these funds will accrue to the special trust account. Impact fee funds U d� a expende - by the City within five (5) years from the date of collection for Public Works Capital Improvements that increase capacity as provided in this chapter. Public Works impact fee funds shall not be 9 used for operations or maintenance. Section. 71-13. Public Works Impact Fee Schedule. (1) The amount of the Public Works impact fees shall be as indicated in a7� the Public Works Impact Fee Schedule attached as Exhibit "A" to this Ordinance creating this Article and incorporated herein by reference. The Public Works Impact Fee Schedule is subject to revision in accordance with the provisions of Section 71-7. (2) If the Public Works impact fee has been calculated and paid based on error or misrepresentation, it will be recalculated and the difference refunded to the original applicant or paid by the original applicant to the City as applicable. Page 7 of 14 Section. 71-14. Construction or donation of property in lieu of impact fee payments. (1) In lieu of all or part of the Public Works impact fee, the applicant may offer to construct Public Works Capital Improvements, or dedicate or donate property for a Public Works Capital Improvement that will provide additional Public Works facility capacity. (2) The applicant shall submit an estimate of the cost of a proposed Public Works Improvement certified by a registered Florida professional engineer acceptable to the City and an appraisal of the fair market value of a proposed dedication or donation of property prepared by a state certified general appraiser who is a member of the Appraisal Institute (MAI), acceptable to the City. (3) If it finds the offer acceptable, the City may enter into an agreement with the applicant to apply the cost of the construction of Public Works Capital Improvements and fair market value of the property dedication or donation to the Public Works impact fee otherwise due. The portion of the impact fee represented by the construction of Public Works facilities or property dedication or donation shall be considered paid when the construction or dedication or donation is completed and accepted by the City (or other governmental entity as may be approved by the City) for maintenance or when adequate security for the completion of the construction has been provided. Sections 71-15 through 71-20 reserved. ARTICLE V. LAW ENFORCEMENT IMPACT FEES. Section. 71-21. Imposition of Law Enforcement Impact Fees. (1) Any person who seeks to make improvements to land which can generate additional demand on Law Enforcement facilities and which requires the issuance of a building permit or certificate of occupancy or other development permit, or who seeks to change the use of improvements to land to a use which can generate additional need for Law Enforcement facilities shall be required to pay a Law Enforcement impact fee in the manner and amount set forth in this chapter. Section. 71-22. Trust�aiPcount and `rise of,, tmds. (1) All Law Enforcement impact fee funds shall be used solely for the purpose of Law Enforcement Facility Capital Improvements that will provide additional capacity as provided in this chapter. (2) Law Enforcement impact fee funds collected by the City shall be placed in an interest bearing special trust account until such time as the expenditures authorized by this chapter will take place. Interest proceeds from these funds will accrue to the special trust account. Impact fee funds must be expended by the City within five (5) years from the date of collection for Law Enforcement Facility Capital Improvements that increase capacity as specified in this chapter. Law Enforcement impact fee funds shall not be used for operations or maintenance. Sec. 71-23. Law Enforcement Facilities Impact Fee Schedule. (1) The amount of the Law Enforcement impact fees shall be as indicated in the Law Enforcement Impact Fee Schedule attached as Exhibit "B" to this Ordinance creating this Article and incorporated herein by reference. The Law Enforcement Facilities Impact Fee Schedule is subject to revision in accordance with the provisions of Section 71-7. Page 8 of 14 (2) If the Law Enforcement impact fee has been calculated and paid based on error or misrepresentation, it will be recalculated and the difference refunded to the original applicant or paid by the original applicant to the City as applicable. ec ion. 71-24. Construction or�onation of �roperty in lieu of�mpact ee ayments. ��//'9i-- (1) In lieu of all or part of the Law Enforcement impact fee, the applicant may offer to construct Law Enforcement Facility Capital Improvements, or dedicate or donate property for Law Enforcement Facility Capital Improvements that will provide additional capacity. (2) The applicant shall submit an estimate of the cost of a proposed Law Enforcement facilities capital improvement certified by a registered Florida professional engineer acceptable to the City and an appraisal of the fair market value of a proposed dedication or donation of property prepared by a state certified general appraiser who is a member of the Appraisal Institute (MAI), acceptable to the City. (3) If it finds the offer acceptable, the City may enter into an agreement with the applicant to apply the cost of the construction of Law Enforcement Facility Capital Improvements and fair market value of the property dedication or donation to the Law Enforcement impact fee otherwise due. The portion of the impact fee represented by the construction of Law Enforcement facilities or property dedication or donation shall be considered paid when the construction or dedication or donation is completed and accepted by the City (or other governmental entity as may be approved by the City) for maintenance or when adequate security for the completion of the construction has been provided. Sections 71-25 through 71-30 reserved. ARTICLE VI. FIRE IMPACT FEES. Section. 71-31. Imposition of Fire Impact Fees. (1) Any person who seeks to make improvements to land which can generate additional demand on fire facilities and which requires the issuance of a building permit or certificate of occupancy or other development permit, or who seeks to change the use of improvements to land to a use which can generate additional need for Fire Facilities shall be required to pay a Fire impact fee in the manner and amount set forth in this chapter. Section. 71-32. Trust Kccount and �Pe of (finds. (1) All Fire impact fee funds shall be used solely for the purpose of Fire Facility Capital Improvements that will provide additional capacity as provided in this chapter. (2) Fire impact fee funds collected by the City as provided in this chapter shall be placed in an interest bearing special trust account until such time as the expenditures authorized by this chapter will take place. Interest proceeds from these funds will accrue to the special trust account. Impact fee funds must be expended by the City within five (5) years from the date of collection for Fire Facility Capital Improvements that increase capacity as provided in this chapter. Fire impact fee funds shall not be used for operations or maintenance. Section. 71-33. Fire Impact Fee Schedule. (1) The amount of the Fire impact fees shall be as indicated in the Fire Impact Fee Schedule attached as Exhibit "C" to this Ordinance creating Page 9 of 14 this Article and incorporated herein Schedule is subject to revision in Section 71-7. by reference. The Fire Impact Fee accordance with the provisions of (2) If the Fire Impact Fee has been calculated and paid based on error or misrepresentation, it will be recalculated and the difference refunded to the original applicant or paid by the original applicant to the City as applicable. Section. 71-34. Construction or donation of property in lieu of impact fee payments. (1) In lieu of all or part of the Fire Impact Fee, the applicant may offer to construct Fire Facilities Capital Improvements, or dedicate or donate property for a fire facilities capital improvement that will provide additional capacity. (2) The applicant shall submit an estimate of the cost of a proposed fire facility improvement certified by a registered Florida professional engineer acceptable to the City and an appraisal of the fair market value of a proposed dedication or donation of property prepared by a state certified general appraiser who is a member of the Appraisal Institute (MAI), acceptable to the City. (3) If it finds the offer acceptable, the City may enter into an agreement with the applicant to apply the cost of the construction of Fire Facilities Capital Improvements and fair market value of the property dedication or donation to the fire impact fee otherwise due. The portion of the impact fee represented by the construction of fire facilities or property dedication or donation shall be considered paid when the construction or dedication or donation is completed and accepted by the City (or other governmental entity as may be approved by the City) for maintenance or when adequate security for the completion of the construction has been provided. Sections 71-35 through 71-40 reserved. SECTION 2. Applicability. This Ordinance shall apply within the City of Okeechobee. SECTION 3. Severability. It shall be the legislative intent that if any section, subsection, or sentence, clause, or provision of this Ordinance is held invalid, the remainder of the Ordinance shall not be affected. SECTION 4. Codification. The sections, subsections, paragraphs and other divisions contained in this Ordinance may be re- numbered for incorporation or consistency with any existing or future codification of the Ordinances of City of Okeechobee, Florida. SECTION 5. Effective date. This ordinance shall become effective 91 days after adoption. INTRODUCED for first reading and set for final public hearing on this 15T" day of May, 2007. ATTEST: Lane Gamiotea, CIVIC, City Clerk James E. Kirk, Mayor Page 10 of 14 PASSED AND ADOPTED after Second and Final Public Hearing this 51h day of June, 2007. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: 1411 John R. Cook, City Attorney Paqe 11 of 14 EXHIBIT A Table A-3 - City of Okeechobee Public Works Impact Fee Schedule Proposed Unit of City Land Use Type Measure I Impact Fee Residential Single Family (and MH on sf Lot) per unit $745 Multi -Family Apartment per unit $812 Mobile Home (MHP and RVP) per unit $677 Hotel per room $177 Office, Institutional, and Recreational Office 1,000 sq. ft. $125 Medical, Dental Office 1,000 sq. ft. $125 Hospital 1,000 sq. ft. $177 Bank (with Drive-Thru) 1,000 sq. ft. $177 Church/Synagogue 1,000 sq, ft. $125 LibraryDRAFT 1,000 sq. ft. $125 Nursing Home 1,000 sq. ft. $177 Day Care Fo+f R'"'°`' O°1I'� 1,000 sq. ft. $125 Elementary School 1,000 sq. ft. $114 Middle School 1,000 sq. ft. $114 High School 1,000 sq. ft. $114 Recreation acre $12 Industrial Light Industrial 1,000 sq. ft. $177 General Industrial/Warehouse 1,000 sq. ft. $177 Mini -warehouse 1,000 sq. ft. $177 Manufacturing 1,000 sq. ft. $177 Commercial/Retail Restaurant 1,000 sq. ft. $177 Fast Food Restaurant w/drive-thru 1,000 sq. ft. $177 Convenience Store 1,000 sq. ft. $177 Convenience Store w/Gas Pumps 1,000 sq. ft. $177 Service Station w/ Conv. Store 1,000 sq. ft. $177 Pharmacy w/drive-thru 1,000 sq. ft. $177 New Car Sales 1,000 sq. ft. $177 Shopping Center Retail 1,000 sq. ft. $177 Page 12 of 14 IWAZI- Table A-2 - City of Okeechobee Law Enforcement Impact Fee Schedule Proposed of City Land Use Type Measure ImpactUnit Residential Single Family (and MH on sf Lot) per unit $356 Multi -Family Apartment per unit $112 Mobile Home (MHP and RVP) per unit $114 Hotel per room $180 Office, Institutional, and Recreational Office 1,000 sq. ft. $30 Medical, Dental Office 1,000 sq. ft. $30 Hospital 1,000 sq. ft. $30 Bank (with Drive-Thru) 1,000 sq, ft. $30 Church/Synagogue 1,000 sq. ft. $30 Library DRAFT 1,000 sq. ft. $30 Nursing Home Beds $30 Day Care For Reviev., Only Elementary School 1,000 sq. ft. 1,000 sq. ft. $30 $30 Middle School 1,000 sq. ft. $30 High School 1,000 sq. ft. $30 Recreation acre $8 Industrial Light Industrial 1,000 sq. ft. $18 General Industrial/Warehouse 1,000 sq. ft. $18 Mini -warehouse 1,000 sq. ft. $18 Manufacturing 1,000 sq. ft. $18 Commercial/Retail Restaurant 1,000 sq. ft. $121 Fast Food Restaurant w/drive-thru 1,000 sq. ft. $121 Convenience Store 1,000 sq. ft. $121 Convenience Store w/Gas Pumps 1,000 sq. ft. $121 Service Station w/ Conv. Store 1,000 sq. ft. $121 Pharmacy w/drive-thru 1,000 sq. ft. $121 New Car Sales 1,000 sq. ft. $121 Shopping Center (Retail) 1,000 sq. ft. $121 Page 13 of 14 EXHIBIT C Table A-1 - City of Okeechobee Fire Impact Fee Schedule Residential Single Family (and MH on sf Lot) per unit Multi -Family Apartment per unit Mobile Home (MHP and RVP) per unit Hotel per room Office, Institutional, and Recreational Office 1,000 sq. ft. Medical, Dental Office 1,000 sq. ft. Hospital 1,000 sq. ft. Bank (with Drive-Thru) 1,000 sq. ft. Church/Synagogue 1,000 sq, ft. Library Nursing Home DRAFT 1,000 sq. ft. Beds Day Care 1,000 sq. ft. Elementary School Fc<r Revic,,.� cnl,, 1,000 sq. ft. Middle School 1,000 sq. ft. High School 1,000 sq. ft. Recreation acre $405 $316 $295 $332 $67 $129 $144 $129 $129 $129 $129 $129 $129 $129 $13 Industrial Light Industrial 1,000 sq. ft. $70 General Industrial/Warehouse 1,000 sq. ft. $65 Mini -warehouse 1,000 sq. ft. $65 Manufacturinq 1,000 sq, ft. $70 Commercial/Retail Restaurant 1,000 sq. ft. Fast Food Restaurant w/drive-thru 1,000 sq. ft. Convenience Store 1,000 sq. ft. Convenience Store w/Gas Pumps 1,000 sq. ft. Service Station wl Conv. Store 1,000 sq. ft. Pharmacy w/drive-thru 1,000 sq. ft. New Car Sales 1,000 sq. ft. Shopping Center (Retail) 1,000 sq. ft. Page 14 of 14 $144 $144 $144 $144 $144 $144 $144 $144 City of Okeechobee, May, 2007 Prepared by: - - m= Walter H. Keller, Inc, Consulting Engineers & Planners ��lb Coral Springs • Sewall's Point DRAFT For Review Only City of Okeechobee, Florida CITY COUNCIL James E. Kirk, Mayor Roscoe Lowry Markham, Council Member Dowling R. Watford, Jr., Council Member Clayton Williams, Council Member Lydia Jean Williams, Council Member CITY OFFICIALS Brian Whitehall, City Administrator John R. Cook, Esq., City Attorney Oscar Bermudez, City Engineer Donnie Robertson, Public Works Director Lane Gamiotea, City Clerk City of Okeechobee, Florida 55 S.E. 3rd Avenue Okeechobee, Florida 34974 Telephone: 863-763-3372 Fax 863-763-1686 webske: www.d"fbkeechobee.com I. INTRODUCTION Okeechobee County initiated an Impact Fee and invited the City of Okeechobee and the Okeechobee County School Board to join in the Study. Okeechobee County engaged Walter H. Keller, Inc., a Consulting Engineering and Planning firm, to perform the Impact Fee Study. Thomas G. Wright, Esq. was retained to provide Legal Support. This report describes the City of Okeechobee Impact Fee portion of the overall Okeechobee County Study. Section II of the Study addresses the demographic characteristics of the City and Okeechobee County. This Section includes discussions of population, housing and land use characteristics. Section III of the Study provides the methodology and development of impact fees for Fire, Law Enforcement and Public Works. The final Section of the Study provides recommendations for implementing, monitoring and updating the Impact Fee Program for the City. The Appendix of the Study provides the various fees schedules for each impact fee exclusive of the administrative fee for collection efforts. City of Okeechobee Impact Fee Study Final Report -I- Walter H. Keller, Inc. Consulting Engineers & Planners IL POPULATION AND DEMOGRAPHIC CHARACTERISTICS General County Characteristics The City of Okeechobee is located in Okeechobee County in the south central portion of the State of Florida on the north side of Lake Okeechobee. The City of Okeechobee, the County's only incorporated area, has a resident population of approximately 5,400 within its 5 square mile City Limits. The County has a land area of about 780 square miles. Figure 1 depicts the location of City and Okeechobee County in relation to the State of Florida. Population and Housing Characteristics A mixture of US Census and Population Estimates from the Bureau of Economic and Business Research of the University of Florida are used to identify current and future population variables. The projections of population are consistent with the Okeechobee County Comprehensive Plan Population Estimates utilizing the High Growth Forecast for 2010 and 2020 adopted on May 10, 2005. Table 1 provides the population estimates for the City of Okeechobee and Okeechobee County utilized in the Impact Fee Study. This Table forecasts the City will increase by approximately 1,800 residents between 2005 and 2015. Based on a household size of 2.68, 66 annual housing units are projected for each year during this time frame. Table i - Okeechobee County & City Population Estimates us Estimated Population Population Population 5 Yr Population Growth Annual Housinq Units Year Census Population Foreca St 2 Uninc Area City Uninc Area City City 2000 35,910 2003 37,236 2004 38,688 2005 37,765 32,322 5,443 2010 44,800 38,255 6,545 5,933 1,102 2015 49,450 42,226 7,225 3,971 680 370 66 2020 54,100 46,196 7,904 Notes: 1 - University of Florida BEBR Estimated Population 2 - University of Florida BEBR Projected Population (per Co Comp Pin 5/10/05) City of Okeechobee Impact Fee Study Final Report -2- Walter H. Keller, Inc. Consulting Engineers & Planners City of Okeechobee - Impact Fee Study Figure 1 - City Location Legend _ City of Okeechobee Okeechobee County State of Florida Source: FD OT n N 0 20 40 80 ® Miles ■ LW Walter H. Keller Inc. �=� Consulting Engineers & Planers N wi Cowl Springs - SewaN's Point -3- Dwelling Unit and Household Characteristics Information from the 2000 Census provides the basis for the City's housing unit characteristics. Table 2 provides estimated dwelling unit, occupancy and person per household characteristics for 2000. Table 2 provides resident (year round) information. Table 2 - 2000 Population and Housing Data Single Family Home 1,414 138 1,552 4,042 2.60 2.86 8.9% Multi -Family 204 55 259 381 1.47 1.87 21.2% Mobile Home 228 112 340 453 1.33 1.99 32.9% Boats, RV, etc. 7 12 19 15 0.79 2.14 63.2% Total 1,853 317 2,170 4,891 2.25 2.64 14.6% 2000 US Census 2005 Housing and Population Table 3 provides information on the 2005 resident and seasonal population and housing characteristics using Census and the University of Florida population information. Table 3 - 2005 Population and Housing Characteristics Single Family 1,576 154 1,730 4,506 2.60 Multi -Family 228 62 290 427 1.47 Mobile Home 255 125 380 506 1.33 Other 7 84 91 15 0.79 Total 2,066 425 2,491 5,453 2.19 2.86 8.9% 85 213 4,718 1.87 21.2% 33 50 476 1.99 32.9% 76 152 658 2.14 92.3% 61 107 122 2.64 17.0% 255 521 5,975 I Source: Walter H. Keller, Inc. Other - Includes RV's, Hotel/Motel Rooms, etc. 2000 US Census City of Okeechobee Impact Fee Study Walter H. Keller, Inc. Final Report Consulting Engineers & Planners -4- Land Use Characteristics The Okeechobee County Property Appraiser Geographic Information System (GIS) data files were used to establish current land use characteristics for the City. Table 4 provides relevant dwelling unit and land use characteristics for January 2006 for each category. Table 4 - Residential 2,400 DU Single Family 1,730 DU Multi -Family 290 DU Mobile Home 380 DU Hotel/Motel 72 Rms Commercial 1,027,765 sf Retail 714,078 sf Bank 75,113 sf Car Wash 7,854 sf Theater 14,210 sf Restaurant 69,267 sf Service Station 3,682 sf Service 143,561 sf Kennel sf Office 466,992 sf Office 388,985 sf Medical Office 78,007 sf Industrial 208,442 sf Warehouse/Storage 182,942 sf General Industrial 25,500 sf Institutional 393,992 sf Church 94,787 sf Clubs, Lodges, and Union Hall 22,991 sf Day Care 34,390 sf Hospital sf Nursing Home 73,412 sf Auditorium 67,941 sf School 100,471 sf Source: Walter H. Keller. ins Okeechobee County, Property Appraiser 1/06 Figure 2, on the following page, provides the Future Land Use Plan of the City which illustrates the buildout development patterns. City of Okeechobee Impact Fee Study Final Report -5- Walter H. Keller, Inc. Consulting Engineers & Planners mt o 22 ri a "l. COMPREHENSIVE PLAN LAND USE SINGLE-FAMILY pAq a `k. MULTI -FAMILY .a.. .. .... - COMMERCIAL n. t . INDUSTRIAL ... �_ PUBLIC FACILITIES E rrm�eewm inermv om.m mm Source: City of Okeechobee, Florida S c " ® 0 0.125 0.25 0.5 City of Okeechobee - Impact Fee Study Miles �� Walter H. Keller, Inc, Figure 2 - Future Land Use ==� Consulting Engineers&Planners �� Coral Springs • Sewall's Point III. IMPACT FEE DEVELOPMENT This Section of the Study describes the methodology for developing the City of Okeechobee's Impact Fees. The City has identified the following public facilities essential to meet anticipated growth: Fire; Law Enforcement; and Public Works. Funding of the City's Capital Improvement Program will be accomplished from a variety of sources including: property taxes, special assessments, grants, gasoline taxes, other sources and impact fees. Impact fees will assist the City in providing future facilities as part of an overall program of funding. Table 5 highlights the Capital Improvement Program relative to City impact fees. Table 5 - Capital Improvement Summary Improvement. Fire Mini Pumper/Brush Vehicle $ 200,000 Ladder Truck (upgrades) $ 50,000 Fire Engine/Pumper $ 500,000 Communication System $ 200,000 Portable Radio's $ 35,000 New Tone Out System for Dispatchers $ 200,000 Bunker Gear $ 14,000 Special O s inc Homeland Security $ 100 000 $ 1,299,000 Law Enforcement Tasers $ 8,050 Motorola Radios & Command System $ 39,305 Law Enforcement CPU System $ 100,000 Intoxilizer $ 6,300 Office Expansion & Upgrade $ 5,000 Squad Cars & Equipment $ 1 324 800 $ 1,483,455 Public Works Tractor Mowers $ 120,000 Dump Trucks $ 100,000 Sidewalks $ 100,000 Building Equipment $ 10,000 City Barn Addition $ 200,000 Drainage Improvements $ 2,320,000 Road Construction $ 300,000 $ 3,150,000 City Total $ 5,932,455 Source: City of Okeechobee Walter H. Keller, Inc. City of Okeechobee Impact Fee Study Final Report -7- Walter H. Keller, Inc. Consulting Engineers & Planners Fire Impact Fee This portion of the Study describes the methodology for the Fire Impact Fee. The fee is based on a Ten Year Capital Improvement program to provide needed capacity to serve new development. The capital costs of the Ten Year Capital Improvement Program have been revised to exclude capital costs associated with the existing population. An analysis of recent service call experience study was used to formulate local call rates by land use type. The capital costs have been further adjusted to account for surplus capacity. The resulting total capital cost attributable to growth was used to determine a residential and non-residential capital cost per average dwelling unit and per 1,000 square feet of non-residential floor area. The recommended Fire Rescue Impact Fee Rates by land use type are a product of the call rate for the land use type in question times the average capital cost per residential (or non-residential) use and an adjustment factor. Table 6 lists the Ten Year Fire Rescue Capital Improvement Program and the resulting proportionate amount eligible for funding by impact fees. Table 6 - Fire Capital Improvement Summary (Adjusted) Improvement Mini Pumper/Brush Vehicle Base Cost $ 200,000 For Exis 70% Cost $ 60,000 For Fu 0% Cost $ 60,000 Ladder Truck (upgrades) $ 50,000 70% $ 15,000 0% $ 15,000 Fire Engine/Pumper $ 500,000 70% $ 150,000 0% $ 150,000 Communication System $ 200,000 70% $ 60,000 0% $ 60,000 Portable Radio's $ 35,000 70% $ 10,500 0% $ 10,500 New Tone Out System for Dispatchers $ 200,000 70% $ 60,000 0% $ 60,000 Bunker Gear $ 14,000 70°% $ 4,200 0% $ 4,200 S ecial O s, inc Homeland Security $ 100,000 90% $ 10,000 0% $ 10,000 Fire Total $ 1,299,000 $ 369,700 $ 369,700 Source: Walter H. Keller, Inc. City of Okeechobee Impact Fee Study Final Report Walter H. Keller, Inc. Consulting Engineers & Planners Table 7 was developed to calculate the residential and non-residential capital cost factor. Table 7 - Fire Impact Fee Calculation i Year Capital Cost $ 369,700 Pop (Residential) Growth = 65% Capt Cost for Residential = $ 267,006 Capt Cost per Res Du = $ 404.55 SF Du's = 495 MF Du's = 99 MH Du's = 66 Non Residential Growth = 35% Capt Cost of non -Residential = $ 102,694 Non Residential FI Area (000's) = 556 Non Res Capt Cost/1,000 sf = $ 184.85 Source: Walter H. Keller. inc Analysis of 2006 City Fire Call experience provided information on residential and non- residential usage although the land use type was not available. Land uses were categorized in a similar manner as a recent Fire Study for Lee County where a single family dwelling unit is classified as the typical residential unit, multi -family dwelling units were 0.75, mobile homes 0.73 and hotel/motel rooms 0.82 of a typical residential unit. For the City of Okeechobee Impact Fee Study, a mobile home on a single family lot is also classified as a typical residential unit. For non-residential uses, the following values were used: retail/institutional 0.78; office 0.36; industrial 0.38; and, warehouse 0.35. The appropriate capital cost was then multiplied by the typical unit factor to arrive at a final fee rate. Table A-1 in the Appendix provides the resulting Fire Impact Fee Schedule. Note, the Schedule does not include the fee for the administrative costs for collecting the impact fee. URAFr For Review Orgy City of Okeechobee Impact Fee Study Final Report Walter H. Keller, Inc. Consulting Engineers & Planners Law Enforcement Impact Fee The Law Enforcement Impact Fee methodology is described in this portion of the Study. The fee is based on a Ten Year Capital Improvement program to provide needed Law Enforcement capacity to serve new development. The capital costs of the Ten Year Capital Improvement Program have been revised to exclude capital costs associated with the existing population. The capital costs have been further adjusted to account for surplus capacity. The resulting total capital cost attributable to growth was used to determine a residential and non-residential capital cost per average dwelling unit and per 1,000 square feet of non-residential floor area. The recommended Law Enforcement Impact Fee Rates by land use type are a product of the call rate for the land use type in question times the average capital cost per residential (or non-residential) use and an adjustment factor. Table 8 lists the Ten Year Law Enforcement Capital Improvement Program and the resulting proportionate amount eligible for funding by impact fees. Table 8 - Law Enforcement Improvement Capital Improvement Base Cost For Exis Summary (Adjusted) Cost For Future Cost Tasers $ 8,050 90% $ 805 0% $ 805 Motorola Radios & Command System $ 39,305 75% $ 9,826 0% $ 9,826 Law Enforcement CPU System $ 100,000 75% $ 25,000 0% $ 25,000 Intoxilizer $ 6,300 90% $ 630 0% $ 630 Office Expansion & Upgrade $ 5,000 75% $ 1,250 50% $ 625 Squad Cars & Equipment $ 1 324 800 80% $ 264 960 0% $ 264 960 Law Enforcement Total $ 1,483,455 $ 302,471 $ 301,848 Source: Walter H. Keller. Inc. City of Okeechobee Impact Fee Study Final Report -10- Walter H. Keller, Inc. Consulting Engineers & Planners Table 9 - Law Enforcement Impact Fee Calculation Pop (Residential) Growth = 70% Capt Cost for Residential = $ 234,769 Capt Cost per Res Du = $ 355.71 SF Du's = 495 MF Du's = 99 MH Du's = 66 Non Residential Growth = 30% Capt Cost of non -Residential = $ 67,077 Non Residential FI Area (000's) = 556 Non Res Capt Cost/1,000 sf = $ 120.74 Source: Walter H. Keller. inc Statistical information provided by the City Police Department provided data for residential and non-residential use but did not provide stratification by land use type. Residential and non-residential land uses were categorized in a similar manner as a recent Study for Orange County utilizing single family units (for residential) and commercial/retail (for non- residential as the base unit. For residential uses, a single family dwelling unit is classified 1.00; multi -family dwelling units 0.315; mobile homes 0.315; and, hotel/motel rooms 0.505. For non-residential uses, commercial/retail 1.00; office/institutional 0.249; industrial 0.153; and, warehouse 0.153. For the City of Okeechobee Impact Fee Study, a mobile home on a single family lot is also classified as a single family unit. The appropriate capital cost was then multiplied by the typical unit factor to arrive at a final fee rate. Table A-2 in the Appendix provides the resulting Law Enforcement Impact Fee Schedule. Note, the Schedule does not include the fee for the administrative costs for collecting the impact fee. City of Okeechobee Impact Fee Study Final Report • -11- Walter H. Keller, Inc. Consulting Engineers & Planners Public Works Impact Fee The fees for Public Works Services are based on a ten year capital improvement program to provide needed capacity to serve new development. Public Works improvements include capital equipment needed for improvement and maintenance activities, new ' sidewalks, building equipment and building expansions, drainage improvements to improve capacity and road construction. Figure 3 illustrates the location of drainage and road improvements included in the Capital Improvement Program. The capital costs of the Ten Year Capital Improvement Program have been revised to exclude the capital costs associated with the existing population. The capital costs have been further adjusted to account for surplus capacity. The resulting total capital cost attributable to growth was used to determine a residential and non-residential capital cost per average dwelling unit and per 1,000 square feet of non-residential floor area. Table 10 ' provides the Ten Year Capital Improvement Program for Public Works. Table 10 - Public Works Capital Improvement Summary (Adjusted) Tractor Mowers Base Cost $ 120,000 For Exis 65% Cost $ 42,000 For Future 0% Cost $ 42,000 Dump Trucks $ 100,000 65% $ 35,000 0% $ 35,000 Sidewalks $ 100,000 65% $ 35,000 50°% $ 17,500 Building Equipment $ 10,000 65% $ 3,500 50% $ 1,750 City Barn Addition $ 200,000 65% $ 70,000 50°% $ 35,000 Drainage Improvements $ 2,320,000 65% $ 812,000 50% $ 406,000 Road Construction $ 300,000 65°% $ 105,000 50% $ 52,500 City Total $ 3,150,000 $ 1,102,500 $ 589,750 Source: Walter H. Keller. Inc_ The resulting total public works capital cost attributable to growth was used to determine a residential and non-residential capital cost. An analysis was performed to identify the approximate percentage of impervious area associated with each component. City of Okeechobee Impact Fee Study Final Report - 12- Walter H. Keller, Inc. Consulting Engineers & Planners Table 11 - Public Works Impact Fee Calculation Pop (Residential) Growth = 75% Capt Cost for Residential = $ 491,458 Capt Cost per Res Du = $ 744.63 SF Du's = 495 MF Du's = 99 MH Du's = 66 Non Residential Growth = 25% Capt Cost of non -Residential = $ 98,292 Non Residential FI Area (000's) = 556 Non Res Capt Cost/1,000 sf = $ 176.92 Source: Walter H. Keller. inc The Public Works Impact Fee by land use type was developed considering the generalized maximum impervious area associated with each land use type permitted by the City Zoning Code. Table A-3 in the Appendix provides the Public Works Impact Fee Schedule. City of Okeechobee Impact Fee Study Final Report t -14- Walter H. Keller, Inc. Consulting Engineers & Planners IV. RECOMMENDATIONS The City of Okeechobee Impact Fee Study has developed impact fees for Fire, Law Enforcement and Public Works. The following recommendations are offered relative to the findings of this Study and the preparation of subsequent studies. 1. The Fee Schedules as provided for in the Appendix should be incorporated into the City of Okeechobee Land Development Code. 2. The City should initiate efforts to collect additional service call, demographic and population characteristics to facilitate subsequent Study updates. 3. The City Impact Fees should be updated periodically utilizing updated demographic information, public facility costs, capital improvement priorities and revenue sources. The update period should occur in the 3 — 5 year time frame. City of Okeechobee Impact Fee Study Final Report -15- Walter H. Keller, Inc. Consulting Engineers & Planners City of Okeechobee Impact Fee Study Final Report APPENDIX - 16- Walter H. Keller, Inc. Consulting Engineers & Planners Table A-1 - City of Okeechobee Fire Impact Fee Schedule Proposed Unit of Land Use Type Measure Impact Residential Single Family (and MH on sf Lot) per unit $405 Multi -Family Apartment per unit $316 Mobile Home (MHP and RVP) per unit $295 Hotel per room $332 Office, Institutional, and Recreational Office 1,000 sq. ft. $67 Medical, Dental Office 1,000 sq. ft. $67 Hospital 1,000 sq. ft. $129 Bank (with Drive-Thru) 1,000 sq. ft. $144 Church/Synagogue 1,000 sq. ft. $129 Library 1,000 sq. ft. $129 Nursing Home DRAFT Beds $129 Day Care 1,000 sq. ft. $129 Elementary School For Review ON 1,000 sq. ft. $129 Middle School 1,000 sq. ft. $129 High School 1,000 sq. ft. $129 Recreation acre $13 Industrial Light Industrial 1,000 sq. ft. $70 General Industrial/Warehouse 1,000 sq. ft. $65 Mini -warehouse 1,000 sq. ft. $65 Manufacturing 1,000 sq. ft. $70 Commercial/Retail Restaurant 1,000 sq. ft. $144 Fast Food Restaurantw/drive-thru 1,000 sq. ft. $144 Convenience Store 1,000 sq. ft. $144 Convenience Store w/Gas Pumps 1,000 sq. ft. $144 Service Station w/ Conv. Store 1,000 sq. ft. $144 Pharmacy w/drive-thru 1,000 sq. ft. $144 New Car Sales 1,000 sq. ft. $144 Shopping Center Retail 1,000 sq. ft. $144 City of Okeechobee Impact Fee Study Walter H. Keller, Inc. Final Report Consulting Engineers & Planners -17- Table A-2 - City of Okeechobee Law Enforcement Impact Fee Schedule Proposed Unit of Land Use Type Measure Impact Residential Single Family (and MH on sf Lot) per unit $356 Multi -Family Apartment per unit $112 Mobile Home (MHP and RVP) per unit $114 Hotel per room $180 Office, Institutional, and Recreational Office 1,000 sq. ft. $30 Medical, Dental Office 1,000 sq. ft. $30 Hospital 1,000 sq. ft. $30 Bank (with Drive-Thru) 1,000 sq. ft. $30 Church/Synagogue 1,000 sq. ft. $30 Library DRAFT 1,000 s ft. $30 Nursing Home Beds $30 Day Care For Review Qn!y 1,000 sq. ft. $30 Elementary School 1,000 sq. ft. $30 Middle School 1,000 sq. ft. $30 High School 1,000 sq. ft. $30 Recreation acre $8 Industrial Light Industrial 1,000 sq. ft. $18 General Industrial/Warehouse 1,000 sq. ft. $18 Mini -warehouse 1,000 sq. ft. $18 Manufacturing 1,000 sq. ft. $18 Commercial/Retail Restaurant 1,000 sq. ft. $121 Fast Food Restaurant w/drive-thru 1,000 sq. ft. $121 Convenience Store 1,000 sq. ft. $121 Convenience Store w/Gas Pumps 1,000 sq. ft. $121 Service Station w/ Conv. Store 1,000 sq. ft. $121 Pharmacy w/drive-thru 1,000 sq. ft. $121 New Car Sales 1,000 sq. ft. $121 Shopping Center Retail 1,000 sq. ft. $121 City of Okeechobee Impact Fee Study Final Report Walter H. Keller, Inc. Consulting Engineers & Planners Table A-3 - City of Okeechobee Public Works Impact Fee Schedule Proposed Unit of Land Use Type Measure Impact Residential Single Family (and MH on sf Lot) per unit $745 Multi -Family Apartment per unit $812 Mobile Home (MHP and RVP) per unit $677 Hotel per room $177 Office, Institutional, and Recreational Office 1,000 sq. ft. $125 Medical, Dental Office 1,000 sq. ft. $125 Hospital 1,000 sq. ft. $177 Bank (with Drive-Thru) 1,000 sq. ft. $177 Church/Synagogue Library DRAFT 1,000 sq. ft. $125 Nursing Home 1,000 sq. ft. $177 Day Care For Review Qnly 1,000 sq. ft. $125 Elementary School 1,000 sq. ft. $114 Middle School 1,000 sq. ft. $114 High School 1,000 sq. ft. $114 Recreation acre $12 Industrial Light Industrial 1,000 sq. ft. $177 General Industrial/Warehouse 1,000 sq. ft. $177 Mini -warehouse 1,000 sq. ft. $177 Manufacturing 1,000 sq. ft. $177 Commercial/Retail Restaurant 1,000 sq. ft. $177 Fast Food Restaurant w/drive-thru 1,000 sq. ft. $177 Convenience Store 1,000 sq. ft. $177 Convenience Store w/Gas Pumps 1,000 sq. ft. $177 Service Station w/ Conv. Store 1,000 sq. ft. $177 Pharmacy w/drive-thru 1,000 sq. ft. $177 New Car Sales 1,000 sq. ft. $177 Shopping Center Retail 1,000 sq. ft. $177 City of Okeechobee Impact Fee Study Final Report -19- Walter H. Keller, Inc. Consulting Engineers & Planners MAY 15 AGENDA - EXHIBIT NO. 5 RESOLUTION NO. 07-07 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REQUESTING THE UNITED STATES CONGRESS TO APPROPRIATE FUNDS NECESSARY TO BRING THE HERBERT HOOVER DIKE INTO COMPLIANCE WITH CURRENT LEVEE PROTECTION SAFETY STANDARDS AND TO EXPEDITE FUNDING FOR THE IMPROVEMENTS THROUGH PROMPT ENACTMENT OF THE ENERGY AND WATER APPROPRIATIONS BILL OR SOME OTHER MECHANISM; PROVIDING AN EFFECTIVE DATE. WHEREAS, Lake Okeechobee was impacted by four hurricanes during the 2004 and 2005 hurricane seasons; and WHEREAS, the City of Okeechobee, Florida, was informed that the Governing Board of the South Florida Water Management District commissioned an independent, expert review panel to evaluate all United States Army Corps of Engineers documents concerning the structural integrity of the 140 mile -long Herbert Hoover Dike surrounding Lake Okeechobee; and WHEREAS, South Florida Water Management District has advised the City of Okeechobee, that the independent, expert review panel found that the dike does not meet current levee protection safety standards; and WHEREAS, South Florida Water Management District has advised the City of Okeechobee that the information obtained by the independent, expert review panel further reflects that failure of the dike poses a clear and imminent threat of catastrophic proportion to the communities surrounding Lake Okeechobee such as the City of Okeechobee; and WHEREAS, South Florida Water Management District has advised the City of Okeechobee that the information obtained by the independent, expert review panel reflects that the dike was not built to current levee engineering standards and therefore needs expedited Congressional appropriations to be brought into compliance with such standards. NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. The City of Okeechobee hereby requests the Congress of the United States to appropriate funds necessary to bring the Herbert Hoover Dike into compliance with current levee protection safety standards and to expedite funding for the improvements through prompt enactment of the Energy and Water Appropriations Bill or some other mechanism. SECTION 2. The City of Okeechobee recognizes the seriousness of the findings by the independent, expert review panel and supports the efforts of South Florida Water Management District regarding the Herbert Hoover Dike. Page 1 of 2 SECTION 3. The City Clerk is hereby directed to send certified copies of this Resolution to the President of the United States, to the President of the United States Senate, to the Speaker of the United States House of Representatives, and to each member of the Florida Delegation of the United States Congress. SECTION 4. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in regular session this 151" day of May, 2007 ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 Eunis>IT 6 MAY 15, 2007 Ju ne 2007 - S m T W — T 27 --- 28------� 29 30 31 T F S 2 STAFF RECOMMENDS CANCELLING THE JUNE 19 MEETING DUE TO VACATIONS. 8 9 3 4 5 6 7 CC Mtg 6 PM 10 - 11 12 -- tl CEB Mtg 7 3 Clayton's 14 15 � TCCLG 16 � Lane attend ng the Annual PM lerk's Confer new grandchild ETA nce June 10-1 . Herb Out 11 Luncheon Okee Hosting 14. �17 18 19 20 21 l 22 23 Recom'd Canceling this Reg CC Mtg PB/BOA/ DRB Mtg 6 PM La a & Dowling on vacation Jun 17 - 24 24 25 26 27 28 29 30 De uty City Clerk on vacation Ju ie 22 - 30 1 2 3 4 5 __may SMTWTFSS 1 2 3 4 5 6 7 8 9101112 13141516171619 20 21 22 23 24 25 26 27 28 29 30 31 i JOY SMTWTFS 1 2 3 4 5 6 7 8 91011121314 15161718192021 22 23 24 25 2627 28 29 30 31 u ly 2007 S M T W T T F S -� 1 2 0 4 5 6 7 Regular Day Y CC Mtg --- -- 6 PM 8 9 10 11 12 I13 14 CEB Mtg 7 PM i 15 --.- 16 --- � 17 18 19 20 21 Recom'd PB/BOA/ Canceling this Reg CC DRB Mtg 6 PM Mtg I 22 23 24 25 26 27 28 Mi i Seaso, Mayo 29 on vacation th 30 s week (mayb 31 ). 1 2 — 3 4 -- June 5 6 7� $ 9 _August SMTWTFS S M T W T F S 1 2 3 a 5 8 7 s 9 10111213141518 1 2 3 4 5 8 7 8 91711 1213141518118 STAFF RECOMMENDS CANCELLING THE JULY 17 MEETING, HOPEFULLY WE WILL RE SETTING UP THE NEW RECORDS ROOM! 171819 20212223 24252627282930 1920 2122 23 24 25 2627 2829 3031 � _ J