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2004-06-01 Regular Meeting1 L CITY OF OKEECHOBEE DUNE 11 2004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA CALL TO ORDER - Mayor: June 1, 2004, Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Calvin Fryer, Brighten Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Secretary Kim Barnes IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Recognize Jerry Walker for his years of service appointed to the City Citizens' Board. PAGE 10F 14 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the June 1, 2004 Regular City Council Meeting to order at 6:00 p.m. In the absence of Pastor Fryer, the Invocation was offered by Council Member Watford; Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Mayor Kirk read the Certificate extending an expression of appreciation to Jerry Walker in recognition of his outstanding service to the community. "The City and your fellow citizens have benefitted greatly by your unselfish dedication in the performance of your duties as chairperson of the Board of Adjustment and Appeals, Land Planning Agency, Planning Board and Design Review Board. January 29,1999 through May 25, 2004." Mr. Walker received the certificate and thanked the Mayor and Council. 3 .TUNE 1, 2004 - REGULAR MEETING - PAGE 2 OF 14 AGENDA V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 4, 2004 Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 859 amending the Future Land Use Map from Single Family to Multi -Family on Lots 9 and 12 of Block 2, Wrights First Addition to Okeechobee, Application No. 04-004-SSA, submitted by Jim Pippin and Gail Brown on behalf of the property owner, David Thomas as to the Life Estate of Vernon C. Carter - City Attorney (Exhibit 1). b) Vote on motion to read by title only. COUNCIL ACTION - DISCUSSION - VOTE Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the May 13, 2004 Joint Workshop (as amended) and the May 18, 2004 Regular Meeting; seconded by Council Member Williams. There was a brief discussion regarding the amendments on the May 13'h workshop. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. Attorney Cook added New Business Item J., Update on Grit Litigation. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M. Council Member Watford moved to read by title only proposed Ordinance No. 859 amending the Future Land Use Map from Single Family to Multi -Family on Lots 9 and 12 of Block 2, Wrights First Addition to Okeechobee, Application No. 04-004-SSA, submitted by Jim Pippin and Gail Brown on behalf of the property owner, David Thomas as to the Life Estate of Vernon C. Carter; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. .TUNE 1, 2004 - REGULAR MEETING - PAGE 3 OF 14 AGENDA VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 859 by title only 2. a) Motion to adopt proposed Ordinance No. 859 (Planning Board recommends approval). b) Public comments and discussion. 1 COUNCIL ACTION- DISCUSSION -VOTE Attorney Cook read proposed Ordinance No. 859 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDINGTHECITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBEDHEREINFROMRESIDENTIAL SINGLEFAMILYTORESIDENTIAL MULTIFAMILY; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 859; seconded by Council Member Chandler. (Note for clarification, agenda reflects recommendation by Planning Board, it should read Land Planning Agency). Mayor Kirk asked whether there were any comments or questions from the public. There were none. City Planning Consultant, Mr. Kelly Hill, of LaRue Planning and Management, addressed the Council regarding Ordinance No. 859 that pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 04-004-SSA submitted by Jim Pippin and Gail Brown on behalf of the property owner, David Thomas as to the Life Estate of Vernon C. Carter. The request is to change the future land use designation from Single Family to Multi - Family. The property is located at the Northwest corner of Southeast 51h Street and 12'h Avenue. Legal Description being: Lots 9 and 12 of Block 2, Wrights First Addition to Okeechobee Subdivison, and is approximately 0.33 acres. Zoning is already designated as Multiple Family. The property has an existing abandoned house on it. Planning Staff Report Comprehensive Plan Analysis: (A) In regards to consistency with the Land Use Categories and Plan Policies, the request is consistent with the currently adopted Future Land Use Element policies and zoning districts permitted within each Future Land Use category. (B) Concurrency of Adequate Public Facilities. The Okeechobee Utility Authority service area includes the subject property and adequate public facilities are available. (C) The requested plan amendment is consistent with adjacent and nearby land uses. Single Family is the Future Land Use Designation to the North, South, East and West. Multiple Family is the zoning designation to the North, South, East and West and all areas have some type of an existing residential use. (D) In addressing the compliance with Specific Standards of the Plan, the proposed map changes will not cause any more intense development than what is existing. .TUNE 1, 2004 - REGULAR MEETING - PAGE 4 OF 14 qxl�, 71 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. COUNCIL ACTION - DISCUSSION • VOTE Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan goals, objectives and policies will support Multi -Family oriented uses at this location therefore, it should be recommended that the City Council of the City of Okeechobee find the application to be consistent with the Comprehensive Plan. Based on the above information, Planning Staff and the Land Planning Agency find the application to be consistent with the Comprehensive Plan and Commercial Future Land Uses, and therefore are recommending approval. The application was considered at the May 25, 2004 LPA meeting. Both maps would be consistent, with the change being approved. Council and Mr. Hill discussed at length an issue that Council Member Markham presented. The issue, or concern is, there is a large area within the Southeast section of the City that has an existing Zoning designation of Residential Multiple Family. The subject property is within this area. The Future Land Use designation is Single Family. The existing uses are mostly olderor abandoned homes. The Council has recently considered several FLUM amendments for this area to change to map to Multi -Family, making both maps consistent and allowing for Multi -Family developments. The concern is, with the individual property owners coming before the Land Planning Agency and City Council for changes, it could lead to "spot zoning" and only have multiple family on every other corner, defeating one of the purposes of the Comprehensive Plan. Council instructed Mr. Hill to present their concern to Mr. LaRue for a recommendation. This might be an area the Council needs to consider re-designatina dudnq the next Evaluation and Appraisal (EAR) of the Comprehensive Plan. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:29 P.M. .TUNE 1, 2004 - REGULAR MEETING - PAGE 5 OF 14 7 L] AGENDA VIII. NEW BUSINESS A.1. a) Motion to read by title only and set June 15, 2004 as a public hearing date, proposed Ordinance No. 860 amending the zoning map from Single Family to Heavy Commercial on Lots 3 and 4 of Block 143, City of Okeechobee, Application No. 04-004-R, submitted by Donna Durand on behalf of the property owners, Edward and Carolyn Cridland - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 860 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 860 COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford moved to read by title only and set June 15, 2004 as a (final) public hearing date, proposed Ordinance No. 860 amending the zoning map from Single Family to Heavy Commercial on Lots 3 and 4 of Block 143, City of Okeechobee, Application No. 04-004-R, submitted by Donna Durand on behalf of the property owners, Edward and Carolyn Cridland; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 860 by title only as follows: "AN ORDINANCE OF THE CITY OF! OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OFLANDMOREPARTICULARLYDESCRIBEDHEREIN, FROM RESIDENTIAL SINGLEFAMILY ONE (RSF-1) AND RESIDENTIAL MULTIPLEFAMILY(RMF) ZONING DISTRICT TO HEAVYCOMMERCIAL (CHID ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABIUTYAND AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 860; seconded by Council Member Chandler. Mr. Hill addressed the Council reviewing the Planning Staff Report. Ordinance No. 860 pertains to Rezoning Application No. 04-004-R submitted by Donna Durand on behalf of the property owners, Edward and Carolyn Cridland. The request is to change the zoning district from Residential Single Family -One (RSF-1) and Residential Multiple - Family (RMF) to Heavy Commercial (CHV). The property is located at 306 Northeast 3rd Street. Legal Description being: Lots 3 through 5 of Block 143, City of Okeechobee Subdivision and is approximately .50 acre. The lots have an existing single family home and a Future Land Use Map classification of Commercial. The request to change the zoning will make the maps consistent and therefore allow development. .TUNE 1, 2004 - REGULAR MEETING - PAGE 6 OF 14 AGENDA Vill. NEW BUSINESS CONTINUED. A. 2. b) Discussion. COUNCIL. ACTION -DISCUSSION -VOTE Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. (2) The proposed use (a medical office) is specifically authorized underthe Heavy Commercial zoning district. Specifically, LDR Section 90-282(1). (3) The proposed use will not have an adverse effect on public interest. (4) The use is appropriate for the location proposed, it is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Commercial zoning is appropriate given the proximity of existing surrounding Commercial uses, except for the church to the North and the Single Family use to the East. (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. It is compatible with the neighborhood. (6) The proposed use can be suitably buffered and will have to meet City code requirements for site design, landscaping, and buffering. This would be administered through site plan review by the Technical Review Committee. (7) Due to the location of the property, the proposed use will not create a density pattern that would overburden public facilities such as, schools, streets, and utility services since it is in a district designed to accommodate such uses. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The proposed use should be able to develop within the existing City code requirements and will not be inordinately burdened by any unnecessary restrictions. (10) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Planning Staff Report Summary and Conclusions Prior to Certification: The subject property is located in an area, which was developed with commercial uses. The proposed zoning and proposed use are compatible with surrounding uses and are consistent with the goals and policies of the City's Comprehensive Plan. Therefore based on the findings of this analysis, Planning Staff recommends approval of the request to change the zoning of the subject property from RSF-1 and RMF to CHV. Based on the above information, the Planning Board finds the application to be consistent with the Comprehensive Plan and Commercial Future Land Uses, and therefore are recommending approval. The application was considered at the May 25, 2004 Planning Board meeting. Council briefly discussed the rezoning, questioning whether a Light Commercial or Professional Office would be a better zoning designation. The trend appears to be to continue the Heavy Commercial zoning to the second block off North Park Street (SR 70 East). Ms. Durrand was present, she advised the Council that she intends to demolish the existing structure and build a five thousand square foot building for her physical therapy business. .TUNE 1, 2004 - REGULAR MEETING - PAGE 7 OF 14 a AGENDA VIII. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. B.1. a) Motion to read by title only and set June 15, 2004 as a public hearing date, proposed Ordinance No. 861 regarding an amendment to sidewalk construction and maintenance. - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 861 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 861. COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only and set June 15, 2004 as a (final) public hearing date, proposed Ordinance No. 861 regarding an amendment to sidewalk construction and maintenance; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 861 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEEAMENDING THE CITYCODES, CHAPTER46 STREETS AND SIDEWALKS, ARTICLE!, SECTION 46-3 DAMAGING GENERALLY; LAND DEVELOPMENT REGULATIONS, CHAPTER 78 DEVELOPMENT STANDARDS, SECTION 78-36 SIDEWALKS AND PEDESTRIAN ACCESS; AND APPENDIX E MANUAL OF STANDARDS FOR DESIGN, CONSTRUCTION AND MAINTENANCE FOR CITY STREETS, CHAPTER 6 ROADS AND STREETS; TECHNICAL REQUIREMENTS, SECTION 1.13 SIDEWALKS THEREOF; TO PROVIDE FOR DESIGNSTANDARDSFORSIDEWALKCONSTRUCTION, PROWDEFORMAINTENANCE, PROWDEFORNOTICE OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES; PROVIDE FOR PENALTIES FOR DAMAGES; PROVIDING FOR SEVERABILITY, PROVIDING FORAN EFFECTIVE DATE " Council Member Markham moved to approve the first reading of proposed Ordinance No. 861; seconded by Council Member Williams. 1-0 .TUNE 1, 2004 - REGULAR MEETING - PAGE 8 OF 14 AGENDA Vill. NEW BUSINESS CONTINUED. B. 2. b) Discussion. c) Vote on motion. C. Consider Street Closing Application No. 72, submitted by Gary Eubanks to abandon the South part of Southeast 2"d Street between 51h and 61h Avenues, changing it from a 100-foot right-of- way to a 70-foot right-of-way - City Clerk (Exhibit 4). COUNCIL ACTION - DISCUSSION -YflTE Attorney Cook briefly clarified that this ordinance covers three areas of the Code Book. First, Subpart A "the Code," Subpart B 1DRs" and Appendix E. The Land Planning Agency's recommendation, is addressed only to the LDI section. Their recommendation was to adopt the proposed amendment. The ordinance changes the actual depth of concrete for sidewalks, from 4-inches to 6-inches, as requested by Public Works Director Robertson. This should assist in the maintenance problem the City is having with sidewalks breaking and cracking. Attorney Cook also advised of some additional language he will be adding to Section 2. Council will have the corrected copy at the final hearing. These amendments will also clarify the regulations regarding commercial developments requirement to construct sidewalks around the perimeter of the property. Council discussed that they receive complaints of people parking on sidewalks. Police Chief Davis acknowleda_ed Council's recommendation that the police department issue citations to DeoDle Darkinp on sidewalks. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Street Closing Application No. 72 was submitted by the property owner, Gary Eubanks to abandon the South part of Southeast 2nd Street between 5" and 61h Avenues, changing it from a 100-foot right-of-way to a 70-foot right-of-way. During application review City Engineer Bermudez questioned the layout of the North property line of 2"d Street. It appears that the road has an arc that encroaches to the South right-of-way and ownership of the property needed to be determined. Mr. Chris Close was present on behalf of Mr. Eubanks and presented documents that indicate the arc was actually a small triangle shaped Lot N of Block 252. Block 252 was replatted (Plat Book 2 Page 4a) and Lot) encompassed the parcel previously known as Lot N. Lot 0 was sold by Mr. Eubanks to the State of Florida from right-of-way purposes in 1959. Mr. Close, his staff, Attorney Conely's staff, and Tradewinds Surveyor staff are currently searching for the document that indicates part of Lot 0 was deeded or dedicated to the City to maintain 2" Street. He also asked the Council, in the essence of time, and since this will have to come before the Council at two more meetings, would they continue with processing the application, and he would have all documentation to them to clear up this matter. Mayor Kirk stated he had no problem with that, however, he cautioned Mr. Close to be absolutely sure the City has what is necessary to document that we own that as part of the street. .TUNE 1, 2004 - REGULAR MEETING - PAGE 9 OF 14 11 AGENDA VIII. NEW BUSINESS CONTINUED, C. Consider Street Closing Application No. 72, submitted by Gary Eubanks to abandon the South part of Southeast 2nd Street between 5`h and 6" Avenues, changing it from a 100-foot right-of- way to a 70-foot right-of-way continued D. Motion to appoint Kenneth Keller as a Regular Member to the Board of Adjustment/Land Planning Agency/Planning Board/Design Review Board, term beginning June 2, 2004 through April 30, 2005, completing the term left vacant by the resignation of Jerry Walker - City Clerk (Exhibit 5). E. Discussion related to Code Board recommendation for Civil Judgment Proceedings against Marvin Brantley and the Dasher Family - Attorney Cook. COUNCIL. ACTION - DISCUSSION - VOTE Mr. Close responded that he would and was confident it was only a matter of time before they would have something. Council Member Watford made a motion to instruct Attorney Cook and Clerk Gamiotea to draft the aaaroariate ordinance and Droceed with Street Closinla ApDlication No. 72: seconded Council Member Markham. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Chandler moved to appoint Kenneth Keller as a Regular Member to the Board of Adjustment/Land Planning Agency/Planning Board/Design Review Board, term beginning June 2, 2004 through April 30, 2005, completing the term left vacant by the resignation of Jerry Walker; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Following discussion, Council Member Williams made a motion to instruct Attorney Cook to file the necessary Civil Judgement Proceedings as recommended by Code Enforcement Board on both the Dasher Property Case and Marvin Brantley Boats in Taylor Creek Case; seconded by Council Member Markham. 12 .TUNE 1, 2004 - REGULAR MEETING - PAGE 10 OF 14 AGENDA VIII. NEW BUSINESS CONTINUED. E. Discussion related to Code Board recommendation for Civil Judgment Proceedings against Marvin Brantley and the Dasher Family continued. F. Motion to approve Department of Transportation Maintenance Contracts - City Administrator (Exhibit 6). COUNCIL ACTION -DISCUSSION -VOTE VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Clerk Gamiotea provided, at the meeting, the necessary resolutions to authorize the Mayor to execute and enter into the proposed Florida Department of Transportation (FDOT) agreements, noting them as Additional Items for Exhibit Six. Council Member Watford moved to adopt proposed Resolution No. 04-04 authorizing the execution and acceptance to enter into the Roadway Maintenance Agreement with FDOT; seconded by Council Member Markham. Attorney Cook read proposed Resolution No. 04-04 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MAINTENANCE AGREEMENT (REGARDING MAINTENANCE OF TRAFFIC, ROADSIDE MOWING, ROADSIDE LITTER REMOVAL, ROAD AND BRIDGE SWEEPING, EDGING AND SWEEPING) WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, PROVIDING FOR AN EFFECTIVE DATE." There was a brief discussion. Administrator Veach advised the Council that FDOT was expecting their funding to be cut and therefore the Council would not receive the reimbursement of twenty-eight thousand, nine hundred thirteen dollars and twenty-eight cents ($28,913.28). VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. .TUNE 1, 2004 - REGULAR MEETING - PAGE I I OF 14 13 AGENDA Vill. NEW BUSINESS CONTINUED. F. Motion to approve Department of Transportation Maintenance Contracts continued. G. Motion to approve a Purchase Option Agreement between the City and Robert Meyer pertaining to the Commerce Center - City Attorney (Exhibit 7). COUNCIL ACTION - DISCUSSION - VOTE Council Member Markham moved to adopt proposed Resolution No. 04-05 authorizing the execution and acceptance of a Traffic Signal Maintenance and Compensation Agreement with FDOT; seconded by Council Member Chandler. Attorney Cook read proposed Resolution No. 04-05 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE." The annual reimbursement for traffic signals maintenance is six thousand, five hundred eighty-eight dollars and zero cents ($6,588.00). This is for traffic signals at South Parrott Avenue and 21' Street. South Parrott Avenue and North Park Street. North Park Street and West 5'h Avenue. North Park Street and East 3' Avenue. North Park Street and East 8'h Avenue. North Park Street and East 10`h Avenue. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A motion and second were made and withdrawn by Council Members Watford Markham to approve a Purchase Option Agreement. There was a brief discussion, suggested amendments were made to the number of years the option will be available and denoting what the buyer and seller are responsible for at closing. Council Member Watford moved to approve the Purchase Option Agreement between the City and Federal Cast Stone. Inc.. (Robert Mever). with the amendments: 1. Change number of years the option is available. "Options and Terms" Daraoraph. from four (4) vears to two (2) vears. 2. Mark that the Seller responsibility at closina shall be document stamps on warranty deed and title insurance. Purchasers responsibility are costs of recording deed. intangible tax on mortgage note. document stamps on mortaaae. costs of recording mortgage and attorney fees: seconded by Council Member Markham. 14 .TUNE 1, 2004 - REGULAR MEETING - PAGE 12 OF 14 AGENDA Vill. NEW BUSINESS CONTINUED. G. Motion to approve a Purchase Option Agreement between the City Robert Meyer pertaining to the Commerce Center continued. H. Discuss request of Okeechobee Utility Authority for easement near the old Wastewater Treatment Plant - L.C. Fortner (Exhibit 8). COUNCIL ACTION -DISCUSSION -VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Clerk Gamiotea presented in Exhibit Eight research regarding easements that were transferred or dedicated to the Okeechobee Utility Authority (OUA) during the transfer from being the City Public Utilities Department. These documents are contained in the three volume Master Transfer Agreement. Research shows that the OUA only received an easement to a portion of Southeast 6`h Avenue and not the property where their master lift station is located (and the old wastewater treatment plant was located). The OUA needs to obtain legal access to their existing facilities, therefore OUA Attorney Conely drafted an easement for a 100 by 354.3 foot easement. There was a lengthy discussion between the Council, Staff and OUA Executive Director Fortner. Council Member Williams made a motion to grant an easement to the OUA, 70 feet wide by an undetermined amount, to the South -end of the existing fence and Lot 1 of Block K, Central Park. Mayor called for a second three times. Motion died for lack of second. Council Member Williams then made a motion to grant the OUA an easement, 70 feet wide by approximately 218 feet or the South -end of the existing lift station perimeter fence; and sale Lot 1 of Block K, Central Park to the for twenty-five thousand dollars ($25,000.00). Mayor called for a second three times. Motion died for lack of second. Council Member Williams made a motion to grant the OUA a 70 feet by 218 feet (approximate - to the South boundary of the existing lift station Derimeter fence: seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JUNE 1, 2004 - REGULAR MEETING - PAGE 13 OF 14 15 AGENDA VIII, NEW BUSINESS CONTINUED. H. Discuss request of Okeechobee Utility Authority for easement near the old Wastewater Treatment Plant continued. Discuss performance evaluation for the City Administrator - Mayor Kirk J. Item Added to Agenda: Discuss the Grit Litigation - Attorney Cook 1 COUNCIL ACTION- DISCUSSION -VOTE Mr. Fortner asked whether the Council would consider selling Lot 1 for appraised amount? Mayor Kirk advised that the Council would consider it. Mayor Kirk collected the annual evaluation score sheets from the Council and announced that Administrator Veach received two Outstanding Evaluations (3.9 and 3.6) and three Above Satisfactory Evaluations (3.4, 3.4 and 3.3). Giving him an average score of 3.5 Above Average. Mayor Kirk went on to state Mr. Veach has done a very good job for the City. Mr. Veach thanked the Council and commented that it was the City Employee's as a Team that caused those scores to be so high. Attorney Cook requested Council to authorize the Mayor to sign a settlement agreement regarding the Grit Insurance Litigation. He received a letter from Mr. Larry Brown the letter cleared up a couple of things. One, should Grit be able to recover more funds the City would we be included to receive funds. Two, where and how will the City be provided the information to on reinsurance? We were assured that we were adequately covered. The City has received response from the re -insurance company, we have been assigned a claim number, I am assuming that is implying they think we have a good claim. There is a question regarding the deductible, the City has requested a hard copy of the complete policy. There is a bankruptcy hearing on June 10, we have a draft settlement proposal that is identical to what the Council approved at the last executive session. If Council's wants to proceed with this settlement, a motion would be in order to authorize the Mayor to execute it. Council Member Watford made a motion to authorize the Mayor to execute a settlement as per the discussion and that it is identical to the offer made at the Executive Session; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 16 JUNE 1, 2004 - REGULAR MEETING - PAGE 14 OF 14 AGENDA IX. ADJOURN MEETING - Mayor. Please take notice and be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. ATTEST: Jades E. Kirk, Mayor Lane Gamiotea/City Clerk COUNCIL ACTION - DISCUSSION - VOTE There being no further items on the agenda, Mayor Kirk adjourned the June 1, 2004 regular meeting at 8:16 p.m. The next regularly scheduled meeting is June 15, 2004. r PAGE 4- CITY OF OKEECHOBEE •-JUNE 1, 2004 - RE©ULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk. June 1.2004. Citv Council Reaular Meetina. 6:00 D.M. II. -OPENING CEREMONIES: Invocation aiven by Council Member Watford in the absence of Pastor Calvin Frver. Briahten Baptist Church: Pledge of Allegiance led by . Mavor Kirk III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk X Council Member Noel A. Chandler X Council Member Lowry Markham X Council Member Dowling R. Watford, Jr. X Council Member Clayton Williams X City Attorney John R. Cook X City Administrator Bill L. Veach X City Clerk Lane Gamiotea X Secretary Kim Barnes X IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. '' Recognize Jerry Walker for his years of service appointed to the City Citizens' Board. Maypf Kirk ready the Certificate of Appreciation extending an expression of appreciation to Jerry Walker in recognition of his outstanding service to the community. The City and your fellow citizens have benefitted greatly by your unselfish dedication in the performance of your duties as chairperson fo the Board of Adjustment and Appeals, Land Planning Agency, Planning Board and Design Review Board. January 29,1999 through May 25, 2004. V. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Action for the May 13, 2004 Joint Workshop (as amended) and the Summary of Council Action for the May 18, 2004 Regular Meeting: seconded by Council Member Williams. CORRECTIONS ON MAY 13 WORKSHOP MINUTES, PAGE 2 VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED DENIED VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Item J update on 'grit litigation added to the agenda by Attorney Caok. VII. - MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M. A.1. a) Council Member Watford moved to read by title only proposed Ordinance No. 859 amending the Future Land Use Map from Single Family to -Mutt -Family on Lots 9 and 12 of Biock 2, Wrights First - PAGE-2 -Additionts Okeechobee, Application-No.-04404--SSA submitteed.by. Jinn-PAppia-and-Gail.Brawn_on behalf of the property owner, David Thomas as to the Life Estate of Vernon C. Carter - City Attorney (Exhibittj; atwi dud by CoanciliVlember-Markfianr. - - - -- -- -- - - b) Vote on -motion -to read by fifie only. r YEA NAY ABSTAIN ABSENT K R X - CHANDLER-- X MARMAM X - --M- X - WILI�IAMS X 110TION.-CARRIM. - - - c) Attorney Cook read proposed-0rdinance F 6. $59 by -title only as follows: " Nri UnL#*ANCEur i tit CITYOFOKEECHOBEE FLORIDA AMENDING THE CITYOFOKEECHOBEECOMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A -CERTAIN TRACT OF.1 NORERARM11-ARLYDES FROM RCSIDE11fTZAI SINGLEFAMILYTORES/DENTL4LMULTIFAMlLY; PROWDINGFORINCLUSIONOFORDINANCE -6. PM FARAN- - EFFECTNE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 859 (Land Planning Agency recommends approval); seconded by Council Member Chandler. - b) Public comments and discussion. None. Yell, HiH,-L�ningand-MaRagementl City Pianning£ensultant anseNa: - -- 859 pertains to Small Scale Future Land Use Map Amendment Application No. 04-004-SSA submitted by Jim Pippin and Gail -Brown on b6harof'th6 -Co 0ertyy-owner,-D-av'i 6'Tfi6 mas es to-tIYe- Ll WEsIaIe ui Vemorf C. -- Cartr. The request is to change the future land use from Single Family to Multi -Family. -The property is locate_ d at th ' Northwest comer of Southeast Vh Street and 121h Avenue. Legal Description being: Lots 9 and 12 of Blnr-k,2, Wrights First Addition to Okeechobee._andis_.approximately 0.33-acre Zoningts.alreadydesignated as Multiple Family. The property has an existing abandoned house on it. Pla ping Staff Report Comprehensive Plan Analysis: (A) In regards to consistency with the Land Use Ca Bones and Pran Pokelas, the request i"ONSiMM-with the wiieii[If � ad €-ataretand-tfse€6,,v,,1 poli_ips and zoningdistricts permitted within each Future Land Use category. (B) Concurrency of Adequate Pub) it Facilities. The Okeechobee Utility Authority service area includes the subject property and adequate -- public facilities-areavailable._(C)_TherequestedplarLamendmentissx?nsistent-with_adjas_ _and nearby land se Family is the Future Land Use Designation to the North, South, East and West. Multiple Family -- - - is- tl' 2wing-designation to --the fir,--Satoh,-East -and- West--and-all-areas-#aye--sere-type-of a*ting - -- - resid ntial use. (D) In addressing the compliance with Specific Standards of the Plan, the proposed map chaei es will not cause -more intense development -that thezM rexisting. Platting Staff Report Analysis and Conclusions: The existing Comprehensive Plan goats, objectives ana- - policies will support multi -family oriented. uses at_this location therefore, itshould be recommended_ that the City Council of the City of Okeechobee find the application to be consistent with the Comprehensive Plan. Basod on the above information, Planning Staff and the Land Planning Agency find the application to be con�istentwiththeOompreh6nsivePlarTarsdCammerceWuturetand-Uses,-m tiiti,efuie nicicwi,imu, ding- - _apMval. The application was considered_ at the May_ 25, 2004 LPA meeting. Both maps would be consistent with 4he change being approved. - - - - Markham, on the zoning a lot of the property is multi family, this will be th eonly multifamily in that block, others eve doneinVu t-block were several lets or-gfou .of area. We#aye-tashange because zoning &*_eady they, ? Are we in a situation to say no to these? Don't want to start creating spot zoning. How can we keep from 9 P puttifig muff[ rfi y on every -other comer -in -there. Sum on-ft-parcel Ju�lCA vvuuV bebettertharrwhat isthere - now! Hill, our standpoint is land use should have been multi family, fee that area supports that, it's a good question and I will relay that to LaRue, understand the concern and if is a good -point: Markham, some homes --- PAGE -4- MOTION: CARRIED, MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:29 P.M. VIII.'' NEW BUSINESS A.1 'A) Council Member Watford moved to read by title only and set June 15, 2004 as a public hearing date, proposed Ordinance No. 860 amending the zoning map from Single Family to Heavy Commercial on Lots 3 and 4 of Block 143,,City of Okeechobee. Application No. 04-004-R, submitted by Donna Durand on behalf of the property owners, Edward and Carolyn Cridland - City Planning Consultant (Exhibit 2); seconded by Council Member Williasm b) ' ' Vote on motion to read by title only, VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 860 by title only as follows: "ANORDWANCE OF THE CITYOFOKEECHOBEI y FLORIDA AMENDING THE OFRCIAL ZONING MAP OFOKEECHOBEE BYREZONINGACERTAINTRACTOFU."iiiiiii6{EPARTICLURLYDcot motwHEREIN,FROM RRESIDENTIAL SINGLE FAMILY ONE LRSIL1) AND RESIDENTIAL MULTIPLE FAMILY (RNF) ZONING DISTRICT TOHF.AVYCOMMEF&4L (CHV) ZONING DISTRICT, AMENDING THEZONING MAPACCORDINGLY,PROYIDINGFORCONFLICTS,SEVERABIUTYANDANEFF CTMOVEis 2. a) � Council Member Markham moved to approve the first reading of proposed Ordinance No. 860; seconded by Council Member Chandler. b) Discussion. Kelly Hill from LaRue Planning addressed the Council reviewing Planning Staff report. Ordinance No. 860 pertains to Rezoning Application No. 04-004-R submitted by Donna Durand on behalf of the property owners, Edward and Carolyn Cridland. The request is to change the zoning district from Residential Single Family -One and Residential Multiple -Family to Heavy Commercial. The property is located at 306 Northeast V Street. Legal Description being: Lots 3, 4, and 5 of Block 143, City of Okeechobee -and approximately .050 acre. The lots have an existing single family home and have a Future Land Map classification of Commercial. The request to change the zoning will makethe zoning consistent with the Future Land Use classification. Piart"Ing Staff ReportAnalysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. (2) The proposed use (medical office) is specifically authorized under the Heavy Commercial zoning district Specifically, LDR Section 90-282 (1). (3) The proposed use will not have an adverse effect on the public interest. (4 ) The use is appropriate for the location proposed, it is reasonably compatible with adjacent land uses; and is not contrary or detrimental to urbanizing land use patterns. Commercial zoning is appropriate given the proximity of Commercial to the subject site. The surrounding existing uses are also mostly commercial except for the church to the North and the Single Family use to the East. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or devdiopment of adjacent property. It is compatible with the neighborhood and will not adversely affect property values or living conditions. _.(6) The proposed use can be suitably buffered and will have to meet City code requirements for site design, landscaping, and buffering. This would be administered through site review by the Technical Review Committee (7) The proposed use will not create a density patter that would overburden public facilities such as, schools, streets, and utility services not is it located in a district designed to acccdthmodate such uses. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety, (9) The proposed use should be able to develop within the existing City code requirements and will not be inordinately burdened by any unnecessary restrictions. (10) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. j - -5- Pl WOV St aff Podlummary-and Conclusloaa-Prior to Cedificad : The -subject -property is Imated in an area, which was developed with commercial uses. The proposed zoning and proposed use are c tble wittv-surmundtng-uses -are consistent quit# the -goals and -policies -of -the Gity's-Comprehensive Pla . Therefore based on the findings of this analysis, planning staff recommends approval of the request to ch-Oge-ft-zoning-oftlWsubjeui Family and Residential-Muttiple Famifyto HeaNY Commercial. Based on the above- infor-- on,- the --Planning,Board_fnds the -application to be consistent with the Comprehensive Plan and Commercial Future Land Uses, and therefore are recommending approval. The appkation was considered at # May-2-5, 2004 Planning Board- meeting. Markham, tieWCv,, o, im Has-to?iiitt - no -fight orCPO.-Why if she needs it7 Watford - current business is, list surrounding uses with heavy commercial in area. 20, 8,10 CNV=.20;-8, 1-0 renting currenf,-building on this -one, wi�be-mine, taking ezisfing"structure out. -In Fut re waX things are going going to have to go back 2 block_s with the way growth is taking place through ther�i Mayor - agree I think council understood and say that years ago. . c) Vote on motion. _YEA. --AGAIN---- ABSENT KIRK X k: uLElt X MARKHAM X WA FORD X --AVILPAMS - X - MOTION: CARRIED. B.1 a) Council Member Watford moved to read by title only and set June 15, 2004 as a public hearing date, proposed OrdKwee-No.-861-reg'arftan amendmen"o sidewalk construction -and maintenance. - City Attorney (Exhibit 3); seconded by Council Member Chandler _ b) _ ._, Vote on motionAo read-by-ftle-mly., ---- - --- VOtE YEA MAY ABSTAIN ABSENT - X- - - JWAiFORD DLER X 1Yt - X - - - X 5 - x - MOTION: CARRIED. - -ol Attomey.Cook-read-proposed titeDny-wfollows-._". N-ORDNANCEDFl1�EZUTY OF OKEECHOBEE AMENDING THE CITY CODES, CHAPTER 46 STREETS AND SIDEWALKS, -- - - �' ARTICLE,--EANDDEVELAPMENT WGUANS;- CHAPTER 78 DEVELOPMENT STANDARDS, SEC77ON 78-36 SIDEWALKS AND PEDESTRIAN ACCESS, AND APPENDIX E MA L OF S7A-'- DE _ MAINTENANCE FOR CITY STREETS, CHAPTER 6 ROADS AND STREETS; TECHNICAL REQUIREMENTS, SECTION U3_ SIDEWALKS THEME_0I:; fi0_PKUVwE-70R 4&siwo 1- STANDARDSFORS/DEWdLK ONStRucnQN PRO VIDEFORMAINTENANCE P_ROV/DEFOR NOT/CEOFCOMMENCEMENTOFCONSTRUCTIONACTMTIES, PROWDEFORPEM4L7LTIESFOR - -- r DAMAGES; PROVIDING ; PROyIDING-FORANEF ECTIVEDATE"_ touncit Member Mai kharrr moved- to -approve the first reading -of proposed Ordinance- No. 861; seconded by Council Member Williams. bj Discussion. Cook- clarification might should have done in 3 separate doucments,1 is code, 2 Idrs and 3 appendix a of Idr, L �only had to give_recommendation-on 2 not 1 and 3. Wa 'Ord - changing depth of concrete from 4 to 6. Co ; request from -Donnie. - - - - -- PAGE -6- Wa" -aasonal;67 DAnnre Yes. Markham - feel your have less problem? Less maitnenance on city? Yes. �crok=.snlathar+eaof amendment, �aqyaNh 3 section 4; approve asps ta�r9i9 l�l change by f 5. klse sec 2 clears up any question about requirements of sidewalks within commercial construction. TRC comes up all the time why should I have to put side walks in if city doesn't have them there already, requires they be around the perimeter of -the property Williams - vehicle parking on sidewalks, a lot of parking, see myself, might be part of the problem and don't know,Jf they issue.citiation, if they.issuedthose, enforcement action. Denny we can do that. c) Vote on motion. VOTE YEA 1W KIRK X C DLER X WAKHAM X WA FORD X X MOTION: CARRIED. Consider Street Closing Application No. 72, submitted by Gary Eubanks to abandon the South part of Southeast 2"1-Streel between V1 and-611 Avenues, changtng it from a IM-footright-of-way to a 30- foot right-of-way - City Clerk (Exhibit 4). C. Chris;Close..- tradasrinds.is kmking._he's. seen this.type.of.dooument, just could n't_gpt it in with enough time, Not 0; privately owned piece of property MayOr - noWpreblern Mith that, -but concerned; -need to be showned we own that as pad of the street. Watford instruct Attorney and Clerk to proceed with street closing application no. 72; seconded Markham. VOTE YEA C _DLER 1X X HAM X WATIFORD. X WILLIAMS X MAY ABSTAIN ABSENT CARRIED. D. Council Member Chandler to appoint Kenneth Keller as a Regular h%mter to the Board of Adjustment/Land Planning Agency/Planning Board/Design Review Board, term beginning June 2, 2004 through April 30, 2005, completing the term left vacant by the resignation of Jeny Walker - City Clerk MAW).. seconded by Council Member Markham. = YEA NAY ABSTAIN ABSENT KIRK X CHttVXER X MARKHAM X WA;grvnu X WILI.IAMS X MOTION: CARRIED. E. Discussion related to Code Board recommendation for Civil Judgment Proceedings against Marvin . I -Brantley and the Dasher Family - Attorney Cook. Cook - CEO voted this action be taken, Brantleyfines assessed on boats in Taylor creek, not atteehed to any land. Second is Dasher Estate, attorney did estate declared land to be homestead, FS home stead is except froni claims of creditor and liens of CEB, alternative to remedy FS 162 no foreclosure money judgement, genoral lien all persons listed in suit. Those types of suits are relatively inexpensive, can add attorney fees to claim, each suit would probably, with court costs, less than $1000 if not contested. If ever sale we'll collect our money at that time. -- -- -------- - - -- - - -PAGE-7-_ Watford, good chance we'Ucollect-on Dasher onthen,how muchlien? Cook -think Hen- is. tl1 000 and Martins Is few thousand. Watford,-reaftsticwe-can collect-fttmuch? Cook -perhaps n* City eontaeted whertseM and -then earrentertain- offef. City council free to negotiate with new owner. rrd, what about boat? Worth anything? r, are we pursuing this because anchored to someones land. My impression we have no authority of way. Cook no, -not -necessarily_true. _ - -- Ord, we amended the nuisance section to give us authority. FS primaryjuritdiction on issue was, Game & Fish commission relinquished any jurisdiction to the City. r so they are giving up dutlfug 4y, npettatns-to dLdi idu, itd vew,00, 9di l It 011J fish I la* Qull Iu1 sty to ire and they said no you move it. Mayor, help with my memory, they said out in naviator water way. CEB ed to remove of $12,000 one of the quotes. Two have been moved, the night before tt a meefing. (fs just - the Wa ord so if we file suite, spend $500 to file suit, what do we get out of it? Piece of paper that says we're owed genwal-lien:-Depends-en what.assets Nw,-eventu*propertysaldand get money. a - still ning on the boat. Interest is 9% if you collect. Ma or defrn",-neeto-do the Dastrer, may be -other -orfe-to.-Create-something tu, ,Naak VdL di1fVVay:- Markham, boat not worth anything, walk away from it, expense comes out, owner walks out not having anything out of it. Williiams - Watiord - just for fines, issue of how moved, up in air, Markham removeboatand-attaach-Oatcosts-toanythieg-hehas ire&s+�: A#ach lien to persGaallamperty or v�hatever. Fines on just the2-boats-he atready-moved. - - _- - - - -.-- -.- - Fines still running on big boat, code board still needs to decide what they are going to do with the big boat. WilHarns instruct -attorney to.file-necessary to file judgement as recommended by CEB_on -both Dasher and Bra ley cases; seconded by Markham. Vo a4E-yea. - - - - - - - - I' F.-Motionto dppi uve Department ofTransportation 6). Council Member Watford moved -to -adopt proposed -Resolution- No. 04-04_authorizin� the Moor to execute and enter into the Maintenance Agreement with FDOT; seconded by Council Member Markham. Title Watford! funds -may not -be avaitabl-VeactT. - - Vote - all yea. Motion Cam ed. Markham moved to adopt proposed Resolution No. 04-05; seconded by Council Member Chandler. Attorney Cook read proposed Resolution No. 04-05 by title only as follows: Watlorq, dollar amount on which exhibit and how much? Same thing applies? Could they stated other one mor6ilikely, -- - - - — - - - ---- G. Council Member Watford to approve a Purchase Option Agreement between the City and Federal Cast--Stone;--tnc., Robert-Myer-pertainiu _to -tine-_-Commerce --- Center - -City Attorney (Exhlblt 7);seconded by Council Member Markham. Mar�ham, paying for ? Doc stamps, city recording buyer Neek[ - - - Willoms - why 4 years, arbrutraryf? Council could adjust. Change to 2_years from 4 years. PAGE -s- Markham when is he suppose to be online with plant? March of 2005. Agree 2 years from signing of contract. Not of when he has project of March 2005. Bill -'don't think it would-be problem for Meyers. Motion and second withdrawn remake th approve the pruchas eotpion agreemtn City and feder a with amendments of the seller paying doc stamps and title Insurance and the optoin time being 2 years; seconded by Council Member Markham. VR YEA KIRK X CHA 40LER X MARKHAM X WATFORD X WILLIAMS X MOTION: NAY ABSTAIN ABSENT CARRIED. H. - Discuss request of Okeechobee Utility Authority for easement near the old Wastewater Treatment Plant - L.C. Fortner (Exhibit 8). Cook, Clerk discovered problem, set out all doucments, I've reviewed them, obvious that is what took place, contacted Tom Conely, OUA attorney, -he's drafted easement for their existing facilities. Will Phis eliminate problem? Watford, if they want access then we need to give them access but if they are saying building or expansion then -we need to address that issue. It bothers me that we did not get a break when we needed capacity. - LC - oua didn't realize we -didn't have access to property, came up with -this, -don't remember being asked about the files and getting a break, second the MTA says no one gets a break, everyone pays the same. Mayor, understand your concern, should have been given access in the beginning. Watford, how much? 70' make it as wide as the street. LC -would have been the 2 acres. Cook - don't know, doesn't necessarily state that, we don't know what the exact intent was, but it was to give them something. Mayor stated my position, easy to stay 70 now, LM - gone all the way to the water? Property stopped at lift station and they want to go all the way. Change 70 feet from proposed 1-00 feet and depth to back existing chain link fence? Tonight only thing they are asking for is access of property, easement contains more than access. Cook - .70 x" 200' - Markham. Williams - board reconsider amking us offer on lot 1 LC sure, for a reasonable price. Bill- thought we had a reasonable price, Clerk gave doucments from property appraisers office to indicate that th eV77,180.00 was good price. Mayor - how much is the question. Discussion ensued. Bill market value enter into that value? No. Wifiiams - exception to value of that one little lot. Sale the other 30 feet to OUA? No really they aren't_buying anything, just asking for purpertual easement. Watford think it appears whether we're just going to give them access or salein gthem lot 1. Looks like according to memo the other easements where 30 ft easements don't hink at this point if they are going to end up or whatever we want to do don't want to give easement, or could cancel easement, and don't think this is a matter that has to be settle tonight, they have used access to facilities without it legally up to now anyway, don't' think it needs to be done tonight, needs some more negoitation, think of the city's best interst, who is goin going' to benefit also needs to be considered. - — - —: 111 -- - PASaE_-_%- Access to-propertyy, option-of-neo'giatioc'- - -- - - LC behind schedule on project, where trying to expand Council Member Williams moved to grant easement to OUA 70' wide by any undetermined amount to the south end 6"he existing fence and -Tor fi of bloc-k-k.-mofton-ied-forTack ofisecaurid- - - - Council Member Williams moved to give 70' right of wy down to fence approximately 218 ft and sale lot 1 for $25,1000.00. Motim—died for lack -of -second. -Wilhems moved to--antOUA-7@'-jr218, tosou#li- ndary4fenee; seeondedby-C I -Member -Chandler. Vote! Alf -yea. - - Motion Carried. LC-.selling_lot--1- for.appraised-amount?.-Mayor--ffiduo..Akatfof -_we'd-mnsider__it.__C4ok- god-teoive-- --- offe�s; LC - certain steps to purchase and sell it, as set by state. Markham - can sale withtout advertising and tok"?-Gook- yee%,At semeone wants is _Discuss perrtormanc evaivaiion for the C'i y i i tstr�tcr=fiildyu� KY\. - - - - 3.2 to 2.9 average 3.54 - - - Item Added - letter from Larry Brown, Brad Staggs, attorney for bankrupcty court, cleared up a couple of things, 1.. to-feeever mere funds wettld-we be i --eyes-de€n'tely--2 - where and town to u On reinsurance - assured adaquately covered. Luck would have it received response from re -insurance co a�iy �e iibliC ski etKtt�g; lsslped-ctat -nurnW, 6 i iN,6-G ViUuidl I' t dboiyi i i sui i ibertmtess-ll 1uu91 A yUV& _._. claim; question about the deductible, requiest hard copy, bank rupty hearing on June 10, draft settlement proposal idential to wanted to let council know that and need motion to authorize executiion of settlement - upon-identialto, offer_ made_durin-g.closedsesion,. Mayor - sounds pretty good. Water -ray o€sunshine: - - - Sarre as our offer and if a watf$rdauvorire-execute settlenent-as peiuui d6Uu5s;ui i in-exectuvic aebb, OCwl IJttcitidt ! by Connerrrber Markham. -- CIo �.8:16 p.m. - - PAGE 4- CITY, OF OKEECHOBEE - JUNE 1, 2004 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES 0 I. CALL TO ORDER - Mayor: Kirk. June 1. 2004. Citv Council Reaular Meetina. W D.M. IL dPENING CEREMONEES: Invocation given -bar Pastor Calvin Frver. Briahten BaDtist Church: Pledge of Allegiance led by Mavor Kirk 111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Presw Mayor James E.1Grk ✓ Council Member Noel A. Chandler IV. A. Council Member Lowry Markham Council Member Dowling R. Watford, Jr Council Member Clayton Williams i i City Attorney John R. Cook 1 City Administrator Bill L. Veach City Clerk Lane Gamiotea Secretary Kim Barnes PRESENTATIONS AND PROCLAMATIONS - Mayer. Recognize Jerry Walker for his years of service appointed to the City Citizens' Board. ffb8e sfw+ spea h �,nj -fit 'ci-�� + rrvc lb rYbve cn. V. ! MINUTES - City Clerk. A. Council Member -- , moved to dispense with the reading and approve the Summary of Action for the May 13, 2004 Joint Workshop and the Summary of Council Action for the May 18, 2004 Regular Meeting: seconded by Council Member L( n NYEA NAY ABSTAIN ABSENT KIR ✓ CHANDLER ✓ MARKHAM ✓ WATFORD WILN TAMS MOT :CARRIED DENIED VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. • • PAGE -2- Vll. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor PM A.1. a) Council Member 9&) moved to read by title only proposed Ordinance No. &%amending the Future Land Use Map from Single Family to Multi -Family on Lots 9 and 12 of Block 2, Wrights First Addition to Okeechobee, Application No. 04-004-SSA, submitted by Jim Pippin and Gail Brown on behalf of the property owner, David Thomas as to the life Estate of Vernon C. Carter - City Attorney (Exhibit 1); seconded by Council Member Uy b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KiRK ✓ CHANDLER MARKHAM ✓ WATFORD WILLIAMS MOTION: CCDARMRIED- DENIED. c) Attomey Cook read proposed Ordinance No. 859 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOSEE; FLOR►DAAMEND►NGTHECITYOFOKEECHOSEECOMPREHENSIVE PLATK NO. 635ASAMENDED, BYREWSING THEFUTURELAND USEM01PONA CERTAIN TRACT OFLAND NOREPAR71OULARLYDESCR►BED HEREIN FROMRESIDEN71AL SiNGLEFAARYTifiMX 7)FAAKY; PR0WMG FORINCLUS10WORDiNANCE AND REVISEDFU7URELANDUSENAPINTHECONPREHENSIVEPLAN; PROVIDING FORAN EFFECTMDATE:" 2.a) Council Member Lm moved to adopt proposed Ordinance No. 859 (Planning Board recommends approval); seconded by Council Member_. b) Public comments and discussion. Ordinance No. 859 pertains to Small Scale Future Land Use Map Amendment Application No. 04-004-SSA submitted by Jim Pippin and Gail Brown on behalf of the property owner, David Thomas as to the Life Estate of Vernon C. Carter. The request is to change the zoning district from Single Family to Multi -Family. The property is located at the Northwest corner of Southeast Vh Street and 12" Avenue. Legal Description being: Lots 9 and 12 of Block 2, Wrights First Addition to Okeechobee. Summary of Application: Vernon C. Carter (Life Estate) is the property owner, David Thomas is the applicant, Jim Pippen and Gail Brown are representing the applicant. The application is to change the existing Future Land Use designation from Single Family to Multi -Family. Planning Staff Report Summary:The subject property is currently designated Residential Single Family on the Future Land Use Map and is zoned Residential Multiple Family. The applicant requests a small scale amendment of the Future Land Use Map consistent with the zoning for this property. Also, the blocks to the west and northeast have a Future Land Use of Multi -Family. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. The applicants request is consistent with the currently adopted future Land Use Element policies and zoning districts permitted within each Future Land Use category. (B) Concurrency of Adequate Public Facilities. The Okeechobee Utility Authority service area includes the subject property and adequate public facilities are available. (C) Compatibility with Adjacent and Nearby Land Uses. The requested plan amendment is consistent with adjacent and nearby land uses. (D) Compliance with Specific Standards of the Plan: The proposed map changes will not cause more intense development that the other existing. Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan goals, objectives and policies will support multi -family oriented uses at this location therefore, it should be recommended that the City Of Okeechobee find the application to be consistent with the Comprehensive Plan. Based on the above information, Planning Staff and the Planning Board find the application to be consistent with the Comprehensive Plan and Commercial Future Land Uses, and therefore are recommending approval. The600lication was considered at the Mav 25.2004 meetina. 0 • Oan n, nab PAGE -3- e*on. 1 ,`� UA'r c � Vot�� VOTE YEA NAY ABSTAIN ABSENT KIR CHA*DLER (,/ MA*HAM WATFORD WILL�AMS i MOTION: CARRIED DENIED CLOSE PUBLIC HEARING -Mayor -- p.m. Vlil. :;NEW BUSINESS A.1.a) Council Member moved to read by title only and set June 15, 2004 as a public hearing date, proposed Ordinance No. 860 amending the zoning map from Single Family to Heavy Commercial on Lots 3 and 4 of Block 143, City of Okeechobee, Application No 04-004-R, submitted by Donna Durand on behalf of the property owners, Edward and Carolyn Cridland - City Planning Consultant (Exhibit 2); seconded by Council Member i b) Vote on motion to read by title only. VOT YEA NAY ABSTAIN ABSENT KIR� ✓✓ CHANDLER MAP*HAM ci WATFORD WILL IAMS MOTION: CARRIED DENIED c) Attorney Cook read proposed Ordinance No. 860 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOSK FL.ORWAAAIEN&MTHE OFHCIALZONING U4P#OKEECHOBEE B YREZONWACERTAINTRACTOFLANDMOREPARTICULARLYDESCR/BEDHEWN, FROM RRESIDENTIAL SINGLE FAA#LY ONE (RSF-1) AND RESOEN714L MULTIPLE FAMILY (RMF) ZONNG DISTRICT TO HEAVYCOMMERCL4L (CHI) ZON►NGIXST1 aI CT, AIIENDMIG THEZONING MA PACCORDINGLY, PROWIDINGFOR CONFLICT$ SEVER40LIIYANDANEFFECTIVEDATE." 2.a) Council Member L r moved to approve the first reading of proposed Ordinance No. 860; seconded by Council Member D�-- . b) I Discussion. -.... Ordinance No. 860 pertains to Rezoning Application No. 04-004-R submitted by Donna Durand on behalf of the property owners, Edward and Carolyn Cridland. The request is to change the zoning district from Residential Single Family -One and Residential Multiple -Family to Heavy Commercial. The property is located at 306 Northeast 3'd Street. Legal Description being: Lots 3, 4, and 5 of Block 143, City of Okeechobee. _. Summary of Application: Edward and Carolyn Cridiand are the property owners, Donna Durrand is the applicant. The applicant is requesting to change the existing zoning classification from Residential Single Fany-1 and Residential Multiple Family to Heavy Commercial. Planning Staff Report Summary: The subject property consists of three lots (3, 4, and 5) as described in the attached survey. The lots have an existing single family home and have a Future Land Map classification of Commercial. The zoning districts are Residential Single Family and Residential Multiple Family. The - sum►undingexisting uses are also mostly commercial except for the church to the North and the Single Family use lb the East. The request to change the zoning will make the zoning consistent with the Future Land Use classification and allow development that is compatible with the neighboring properties. PAGE -4- Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed use is not contrary to the Comprehensive Plan requirements. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the use is specifically authorized in the CHV zoning district under section 90-282 (1). (3) the proposed use will not have an adverse effect on the public interest. The proposed use will cause no adverse effects to the public interest. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Commercial zoning is appropriate given the proximity of Commercial to the subject site. (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 is compatible with the neighborhood and will not adversely affect property values or living conditions. (6) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The proposed use can be suitably buffered and will have to meet'City code requirements for site design, landscaping, and buffering. (7) The proposed use will not create a density patter that would overburden public facilities such as, schools, streets, and utility services. The proposed use should not impact density patterns nor public facilities and services. The proposed use will be located in a district designed to accommodate such uses. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will not create any inordinate traffic congestion or flooding not impact public safety. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use should be able to develop within the existing City code requirements and will not be inordinately burdened by any unnecessary restrictions. (10) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted -with the public welfare. Planning Staff Report Summary and Conclusions Prior to Certification: The subject property is located in an area; which was developed with commercial uses. The proposed zoning and proposed use are compatible with surrounding uses and are consistent with the goals and policies of the City's Comprehensive Plan. Therefore based on the findings of this analysis, staff recommends approval of the request to change the zoning of the subject property from Residential Single Family and Residential Multiple Family to Heavy Commercial. Planning Staff Report Recommendation. Staff recommends approval of the request to allow rezoning from Residential Single Family & Residential Multiple Family to Heavy Commercial. Based on the above information, Planning Staff and the Planning Board find the application to be consistent with the Comprehensive Plan and Commercial Future Land Uses, and therefore are recommending approval. The application was considered at the May 25, 2004 meeting. 0,,Or,p,r t,Am q -o �� ft) -mltcdo JWO 3-4 S #" Dz . .�� 00"-w , 00 -9� ni-6 , 0. .- . - adt - o� I F c) Vote on motion. « I o vwt NAY ABSTAIN ABSENT KIRK CHANDLER MARtKHAM WAfFORD WILLIAMS MOTKW. CA - DENIED %m ,Lv ,a�p�.i1,i0tz- PJGPLL� - o�- ,�q-l-- Can atQ� . Caut ffT�,n Zu .cue.ue � TTT "1 �ofum �ve is . cfP-� cam: M . ream r,,J, , FLM c� ma� tho cum cuat &A-0 f�p-c Om nL�-n L�1 um.d-- Lot bme2, q+-lam l A,-,E- Div, r ccun � n �lsaa 75 x l�o' lot, RUM a nuatz C a�ewe�n — MIOL, LD th&l A tko-.) ry� (Yxz� aA&L1t Di:;7 uw:t Y),-LaA. ;tb 9,mh C,t- thj,---) pben Ord, %0 - Cennv,�ff. 04 iA 1-&,gC"ur. • • PAGE -5- B.1.&) Council Member _Dw moved to read by title only and set June 15, 2004 as a public hearing date, proposed Ordinance No. 861 regarding an amendment to sidewalk construction and maintenance. - City Attorney (Exhibit 3); seconded by Council Member C✓ b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT CHANDLER MARKHAM WATFORD l WILtJAMS V MOTION: CARRIED — DENIED c) ;1 Attorney Cook re ed ordinance 861 by fitleonly as follows: "AMORDMWNCEOFTHECITY OF OKEECHOBEE AMENDING THE CITY CODER CHAPTER 46 STREETS AND SIDEWALKS, AR77CLE 1, SECTION 46-3 DAMAGING GENERALLY; LAND DEVEL NT REGULATIONS, CHAPTER 78 DEVELOPMENT STANDARDA SECTION 78-36 SWWALKS PEDESTR14N ACCESS; AND APPENDIX E MANUAL OF STANDARDS FOR DESIGN, CONSTRUCTION AND MAINTENANCE FOR CITY � 1 kcc t ai, CHAPTER 6. ROADS AND STREETS; T ECH1l6CAL REQUIREMENTS, SECTION 1.13 SIDEWALKS THEREOF; TO PROVIDE FOR DESIGN STANDARDSFORSID,EWALKCONSTRUCi10N; PROWDEFORB NANCE; PROMEFOR NOTlCEOFCMUWZWUOFCONSTRUCTIONACTMT/ES; PROWDEFORPENALT7ESFOR i DAMAGES; PROVIDING FOR SEVERABIUTY, PROVIDING FOR AN EFFECT FW DAT E " 2. a) j Council Member LP moved approve the first reading of proposed Ordinance No. 861; seconded by Council Member b) Discussion. Z _ Lacs J L &&e- o f CX a . loft m— ess C(4c &,, w Lz_h let' C.t�y oVC, Lus�n� PJ&Llt oLbw_)a Gino- 0 Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK ✓ CHANDLER WATFORD WILt"S MOTION: ARRID — DENIED • LJ PAGE -6- C. Consider Street Closing Application No. 72, submitted by Gary Eubanks to abandon the South part of Southeast V Street between 5l' and 6"' Avenues, changing it from a 100-foot right-of-way to a 70- foot right-of-way - City Clerk (EzhM 4). C Cl ode'. bps t✓t t to ca p p►�w — C)� c t-'� R esnc� c ,es a , ss - 6v' ,� 1N*°'r, L)j-�L ry\� C)U3-r'D. L.m M. *vsr, . VOTE YEA NAY ABSTAIN ABSENT KIRK v� CHANDLER MARKHAM � WATFORD WILLIAMS MOTION; CARRIED. D. Council Member k moved to appoint Kenneth Keller as a Regular Member to the Board of Adjustment'Land Planning Agency/Planning Board/Design Review Board, term beginning June 2, 2004 through April 30, 2005, completing the term left vacant by the resignation of Jerry Walker - City Clerk (Exhibit 5).; seconded by Council Member LM. . VOTE YEA MAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS M TION: C ED DENIED. 0 PAGE -7- E' Discussion related to Code BDard-'ecommendation for Cjvff Judgrnent Proceedings against Marvin Brantley and 016 Dasher Family ry ly - Attorney Cook. -bozuo rue. Oman tabun P. 13- tuyuo OL6La� met I -A calftel cwtD A-20 mar) d"/Cm- 60 -'aa Oa4 Zl�� Q--3/[)OO-GD W'6 Up, alm oaldLt �- — - OL duyA Oqkty ;tb /yraxe ffllullr. uy� 0 vuo p4�' Of: dw nOtOAU;6 CL'rlzil �,nn: Code, �,d Qat�uo� ,i� �rr�ve �3 - c-�/a coo, �v obhpA*zt 't64 aqwn( oi-D� too.6b Wwt- ta& tt�t lu�.c. c�,�- g� n� eg 'ate; mix/ 7�) ob o0olyzb B zXF rot Tam o ,m a,e y � e4 Ott) wir Put& may un CL9z 40at, Nmo2lk 6q) LotibA 60 �t paw � �� PAGE -0- F. Motion to appmve-Deparbnentof Transportation Maintenance Contracts -City Administrator (Uhlbit- 6). no w ot v j PAGE -9- G. Council Member 'DO) moved to approve a Purchase Option Agreement between the City and Robert :I, Meyer pertaining to the Commerce Center - City Attorney (Exhibit 7rseconded by Council Member Lfn VO E YEA NAY ABSTAIN ABSENT KIR C LER KHAM W A AFORD WILlLIAMS MOTION: CARRIED - DENIED. i L GkUv� dua pad c� C w DAL ,use. 4 —V L c� H. PAGE -10- Discuss request of Okeechobee Ufi* Authority for easement near the old Wastewater Treatment Plant - L.C. Fortner (ExhN* 8). -Cott, CJML 0-, LOM Jklrh CUA/bYjk M wvw*n dkA' Ma r-ux, JJCYL /-he vu-, Uj 4 n-,Ct �uft uof) Iatoo LYn Ow ma)-ch wvj-0j )CO- r, U,),m ace", L�= th plxyu�, T�zo "Tw iz�t L 0 * mbar lt� t ��-- ��ue kZ� 6r\ prIbp) 6b - r po-at acr"23, 70' 7t� j 11 PAGE 41- i. Discuss perL, , -evaluation for the City Administrator - Mayor Mrk. 3,q l a0b S Bement orb V--,cd I - I , 0-a +Xzo AFFIDAVIT OF OBLISHER OKEECHOBEE TIMES 106 S E. 5th St , Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared J.W. Owens 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 PI IRI Ir KInTIf F Pn # 1 )ti)H in the matter of CITY C'OUNCH MFFTING NOTICF CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974-2932 941-763-3372 In the Court, was published in said newspaper in the issues of 05./27./2004 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. J. W. Owens, (Pubi?sher) Sworn to and subscribed before me this `7c�% day of 16L� A.D. 2004 (SEAL) Notary Public • ,; _ WN, M. *47�� RegWpr Session on Taes'hy; Jsaie ). 20". i:MPtw City HA SS SE 3rd Ave`":licr 2W. Obewwhobee, Florida The pubEa is iwgW aid encouraged to altrnd. Fora copy of dw agemb contect,City Adminisirstion at,(s63) 7IX3372 , z212. •� �•� �� PLEASE TAKE NOTTCE AND BE ADVISED. that it any Person desires. to ap• P� New dedsatt made;hy tha.aty Coustnl with respect to 41y.roa t it considered at•thia., ting; mee- such interested person iv�l bead a'', record of the Pmeeedinga, and fforiuch pta-9 POW may mod lo muure s . naord of the vrocaedaius is made, wldch teiobdih- i commissioa # DD3130 3� a Expires: JUKE 25, 2M Bonded Thry t , ��`� Atlanta: Bonding Ca. Inc. CITY OF OKEECHOBEE JUNE 11 2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER - Mayor: June 1, 2004 City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Calvin Fryar, Brighton Baptist Church. Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Recognize Jerry Walker for his years of service appointed to the City Citizens' Board. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Action for the May 13, 2004 Joint Workshop and the Summary of Council Action for the May 18, 2004 Regular Meeting. JUNE 1, 2004 - CrrY COUNCIL AGENDA - PAGE 2 OF 4 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 859 amending the Future Land Use Map from Single Family to Multi -Family on Lots 9 and 12 of Block 2, Wrights First Addition to Okeechobee, Application No. 04-004-SSA, submitted by Jim Pippin and Gail Brown on behalf of the property owner, David • Thomas as to the Life Estate of Vernon C. Carter - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 859 by title only. 2.a) Motion to adopt proposed Ordinance No. 859 (Planning Board recommends approval). b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. 0 VIII. NEW BUSINESS. A.1.a) Motion to read by title only and set June 15, 2004 as a public hearing date, proposed Ordinance No. 860 amending the zoning map from Single and Multiple Family to Heavy Commercial on Lots 3 and 4 of Block 143, City of Okeechobee, Application No. 04-004-R, submitted by Donna Durand on behalf of the property owners, Edward and Carolyn Cridland - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed ordinance by title only. JUNE 1, 2004 - CITY COUNCIL AGENDA - PAGE 3 OF 4 Vill. NEW BUSINESS CONTINUED. A.2.a) Motion to approve the first reading of proposed Ordinance No. 860. b) Discussion. c) Vote on motion. • B.1.a) Motion to read by title only and set June 15, 2004 as a public hearing date, proposed Ordinance No. 861 regarding an amendment to sidewalk construction and maintenance - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed ordinance by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 861. b) Discussion. c) Vote on motion. C. Consider Street Closing Application No. 72, submitted by Gary Eubanks to abandon the South part of Southeast 2"d Street between 5� and 61 Avenues, Is changing it from a 100-foot right-of-way to a 70-foot right-of-way - City Clerk (Exhibit 4). D. Motion to appoint Kenneth Keller as a Regular Member to the Board of Adjustment/Land Planning Agency/Planning Board/Design Review Board, term beginning June 2, 2004 through April 30, 2005, completing the term left vacant by the resignation of Jerry Walker - City Clerk (Exhibit 5). E. Discussion related to Code Board recommendation for Civil Judgment Proceedings against Marvin Brantley and the Dasher Family - Attorney Cook. F. Motion to approve Department of Transportation Maintenance Contracts - City Administrator (Exhibit 6). JUNE 1, 2004 - CITY COUNCIL AGENDA - PAGE 4 OF 4 VIII. NEW BUSINESS CONTINUED. G. Motion to approve a Purchase Option Agreement between the City and Robert Meyer pertaining to the Commerce Center - City Attorney (Exhibit 7). H. Discuss request of Okeechobee Utility Authority for easement near the old Wastewater Treatment Plant - L.C. Fortner (Exhibit 8). Discuss performance evaluation for the City Administrator - Mayor Kirk. i IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purposed may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. Cox L", da, t9 w, Y-PAe0-Q.1.Q i i af "AL � jc L " �. Q,,.,z 93 .. " & If",29,4999 tg'-Vau101 -'?5, 2004 c dayof clune, 2004 9 W!I 41 • EXHIBIT 1 ^- JUNE 1, 2004 AGENDA ORDINANCE NO. 859 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 636 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM RESIDENTIAL SINGLE FAMILY TO RESIDENTIAL MULTI FAMILY; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 04-004-SSA) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part Il, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.33 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 04-004-SSA, from Residential Single Family to Residential Multi -Family. The Legal Description of Subject Property is as follows: Lots 9 and 12, Block 2, Wrights First Addition to Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 13, Public Records of Okeechobee County, Florida. Page 1 of 2 SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 6. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 859 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 1st day of June, 2004. ATTEST: Lane Gamiotea, City Clerk ADOPTED after first reading on the 1st day of June, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 LL MEMORANDUM To: Mayor and Council From: Lane Gamiotea, City Clerk Subject: Ordinance No. 859/Future Land Use Map Amendment No. 04-004-SSA Date: May 26, 2004 This is the final public hearing regarding Ordinance No. 859 to consider approving Comp Plan Small Scale Future Land Use Map Amendment Application No. 04-004-SSA. The application was submitted by David Thomas on behalf of the property owner, Vernon C. Carter (Estate). Jim Pippin and Gail Brown are serving as agents for the applicant. The request is to change the land use on Lots 9 and 12 of Block 2, Wrights First Addition to Okeechobee from Single Family to Multi Family. • All fee's have been paid. • The ordinance was advertised in the Okeechobee News on May 21. • The Land Planning Agency voted unanimously to recommend approval (May 26, 2004 Meeting). • Due to this being a small scale (less than 10 acres) amendment, it is not necessary to mail notices to the surrounding property owners, nor post a sign on the property. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. • z City of Okeechobee General Services Department 55 S.E. 311 Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 • Date: 1�I')-(p 10 � Petition No. 04 _004 SS 19 Fee Paid: FY-)n l O Jurisdiction: 19 n� 1st Hearing: F1 ,C�� oq 2nd Hearing: LDI I I O4 Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): V E E N ON C , c A RTE R, CFGTATG-. j P Owner mailing address: 123 0-7H W V q8 N -© K e eGHo&� e R 5�i 2- P Name of applicant(s) if other than owner (state relationship): L Duo ri T"OmaS IC Applicant mailingaddress: Ia30-1 Nw,4 Qg Noy;-h [71(10P. Fl 3y04 N I Name of contact person (state relationship): J 1 M P W Pf f\J G A I L& RO W N T I Contact person daytime phone(s): 8(0,'1�=- &0 5 -'��%Fax: -i63 - 4-56G NW ✓ Property address / directions to property: -N-F—E- C-0 RN e R S E 5F' '5+ 65r_ Parcel Identification Number: 3 --2-2—3-7-�5, 6 TW-OM,2 J-WOO � .� jo 000 t Size of the Property (in acres): Current Zoning Designation: M P R Current Future Land Use Designation: R S F O I Existing Use of the Property: VACAN-r (Q 61.E y cto Red ko u5e,) P E I Proposed Future Land Use Designation: M U l` i— --pa m 1 l y R T Proposed Use of the Property: Y f)UjLn i R1-'L- x FE[\CT-Ai- UN tT6 Description of Surrounding Properties:RSF home=s ON �ar e' IOtS -roo1�YnF : T Wo blOCKS 04- �f11 F:- Ve 1Ci vice i s a Igo v-t- 2-co, \` ost- Legal Description of the Property (Lengthy Description May be Attached): Lo+ 9 and 12 r SWLk, /2. W r'i pis 1st Aad,1+10,0 Uniform Land Use Application (rev. 12103) Page 1 of 2 800 South Parrott Ave. Okeechobee, FL 34974 863-763-5335 Office 863-763-1154 Fax April 21,204 City of Okeechobee General Services Department 55 S.E. 3rd Ave. Room 101 Okeechobee, Florida 34974-2903 Attention: Land Planning Agency Attached is the application for a change to thef Future Land se of Lot 12, Block 2 and Lot 9, Block 2 Wrights Addition. The change is being requested for the following reasons. 1. The property is currently zoned RMF with a future land use of residential single family. 2. Available vacant land with a multi -family designation is nearly depleted in Okeechobee, both city and county. 3. There is a demand for affordable housing rental s in the Okeechobee area 4. There is whole area is zoned RMF and there is Multi family future land use just over 200 feet from this property. 5. The lot will accommodate a duplex or tri-plex according to county specifications. Regards, Jim Pippen - Agent Gail Brown -Agent Representatives of Carter Estate Coldwell Banker Berger Real Estate 800 South Parrott Ave. Okeechobee, Florida 34974 863-763-5335 • April 24, 2004 David Thomas For the Estate of Vernon C. Carter 12307 Hiighway 98 North Okeechobee, Florida 34974 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Forida 34974-2903 Attention: Land Planning Agency I, David Thomas,, representative for the Estate of Vernon C. Carter hereby request your consideration in changing the Future Land Use to MULTI -FAMILY for the property located at LOT 9 AND 12, BLOCK 2 WRIGHT'S 1st ADDITION in Okeechobee City, Florida. I also authorize the firm of Coldwell Banker Berger Real Estate to represent the Estate in this matter. David Thomas Sworn to, subscribed and acknowledged before me - (n - ali date M gA��_ Notary Public Notoary Printed Name N)EA I SS (2�" �� W') S-Q� -e't My Commission expires: ,,AV ens No" Public. 70f Florida �, Commission N977795 '? , My Comm. Exp26J2004 Okeechobee County +% Appraiser - Map Printed on 4/23/2004 1.26-36 PM Loc ioo tAap.+ 10C Page I of 1 25 G 21 2 16 24 7 20 23 Q a 1 19 4 4 22 5 21 1 10 17 18 20 11 1 16 i 7 19 19 12 15 2 2! Is 13 9 f 1+ ia 20 1 1 17 14 13 14 16 15 12 it S.E.4 TH STREET 2 1 4 4 2 7 -0230-000 -0120 13 to 9 0 NON C ( TATE) 5 Boo - V/0 3 0 0�000 C( T 0 1 20 ATE) F 4� 2 1 S 4 7 8 7 4 3 12 6 E 6 TH STREET 2 3 4 4 2 2 i Okeechobee County Property Appraiser o 66 136 267 rt VI "Bill" Sherman. CFA -Okeechobee Forida - 863-763-4422 PARCEL: 3-22-3735-0230-00020-0120 -VACANT (000000) liv WRIGHTS 1ST ADDITION LOT 12 BLOCK 2, Name CARTER VERNON C (ESTATE) LanclVal $5,175.00 Site. 0, Okeechobee BldqVa 1 $0.00 Mail 16155 NW 144TH AVE ApprVal $5,17500 OKEECHOBEE, FL 349727887 Justvaj $5,175.00 Sales 1211/1989 $000 V/U Asscl $5,17500 Info 611/1970 $800 00 V J Q Exmpt $0-00 Taxable $6,175.00 This information, Last Updated' 3/2512004, was derived from data which was compiled by the Okeechobee County Property Appra iser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or its interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Prop" Appraisers office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes http://www.okeechobeepa.com/GISIPrint—Map.asp?pjbnlkplhgrneclpofffddhfacbdkkhhdopcn... 4/23/04 • 1375 Jack treet, Suite 206 Y • Fort M ers Florida 33901-2845 • Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a,att.net Staff Report -Small Scale Comprehensive Plan Amendment Prepared for: Applicant: From: Petition No. The City of Okeechobee Jim Pippen & Gail Brown Residential Single Family to Multiple Family 04-004-SSA Staff Report Small -Scale Comprehensive Plan Amendment General Information Applicant: Applicant Address Applicant Phone Number: Owner: Owner Address: Future Land Use Map Classification Zoning District Use of Property Acreage Access Applicant: Jim Pippen & Gail Brown Petition No. 04-004-SSA Jim Pippen & Gail Brown 12307 Hwy 98 N. Okeechobee, FL 34972 863-763-5335 Fax:863-763-4569 Vernon C. Carter (Estate) 12307 Hwy 98 N. Okeechobee, FL 34972 Residential Single Family Residential Multi -Family Vacant (abandoned house) 0.33 SE 12L° Avenue Location: 408 SE 12`h Avenue, Okeechobee, FL Multiple Family Residential Multi -Family Tri-Plex Rental Units 0.33 SE 12`' Avenue Legal Description: Lot 9 and 12, Block 2, Wrights First addition to Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 13, Public Records of Okeechobee County, Florida. The applicant requests a small scale amendment of the city of Okeechobee Future Land Use Map from Residential Single Family (RSF1) to Multi -Family (RMF). . North: Future Land Use Map Classification: Single Family Zoning District: Residential Multi -Family Existing Land Use: Single Family East: Future Land Use Map Classification: Single Family Zoning District: Residential Multi -Family Existing Land Use: Single Family South: Future Land Use Map Classification: Single Family Zoning District: Residential Multi -Family Existing Land Use: Single Family West: Future Land Use Map Classification: Single Family Zoning District: Residential Multi -Family Existing Land Use: Single Family {PAGE } • A licant: Jim Pi Staff Report pp PPen & Gail Brown Small -Scale Comprehensive Plan Amendment Petition No. 04-004-SSA The subject property is currently designated Residential Single Family on the Future Land Use Map and is zoned Residential Multi -Family. The applicant requests a small scale amendment of the Future Land Use Map consistent with the zoning for this property. Also, the blocks to the west and Northeast have a Future Land Use of Residential Multi -Family. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The applicant request is consistent with the currently adopted Future Land Use Element policies and zoning districts permitted within each Future Land Use category. B. Concurrency of Adequate Public Facilities The Okeechobee Utility Authority service area includes the subject property and adequate public facilities are available. C. Compatibility with Adjacent and Nearby Land Uses The requested plan amendment is consistent with adjacent and nearby land uses. D. Compliance with Specific Standards of the Plan. The proposed map changes will not cause more intense development than the other existing. Analysis and Conclusions The existing Comprehensive Plan goals, objectives and policies will support multi- family oriented uses at this location therefore, it should be recommended that the City of Okeechobee find the application to be consistent with the Comprehensive Plan. Submitted by: James G. LaRue, AICP May 17, 2004 {PAGE } LOCATION MAP 0 C7 Lor o -"7 D " t."T q N pjgoy4' 5;>01,s' 1 1415, oo ' Cfi,t--7) S . r_' . '�;4 STfzt�T Crt-AT- A,Va-A,L11= g �— 20 s�5�+1 A�7 j?a.�l �'r•►>✓cJT SURVEYORS CERTIFICATE FLOOD ZONE: "X" I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER GIG-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 47ZO27 FLORIDA STATUTES. AND THAT THERE ARE NO ABOVE GROUND ENCROA rTS OTHER THAN SHOWN. BY: SATE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427 FRED W. REPASS P.S.M. LEGEND: • -FOUND CONCRETE MONUMENT -FOUND IRON ROD 0 -SET IRON ROD q -CENTER LINE FIFE -FINISH FLOOR ELEVATION PSM -PROfESSONAL SURVEYOR AND MAPPER R/W -15GHT-OF-WAY PC -PUT OF CURVE D -DELTA ANGLE A -ARC LENGTH t0'p -TYPICAL ELEVATION 2o�a , 1 i i 1 ADDRESS: 408 SE 12TH AVENUE OKEECHOBEE, FLORIDA FIELD WORK COMPLETED: 4 - i q -04- FRED W. REPASS SURVEYOR A YAPPER 2780 FAIRMONT STREET STUART. FL 34995 (772)878-7568 (office 5 fax) LEGAL DESCRIPTION: LOT 9&12, BLOCK 2, WRIGHTS FIRST AND SECOND ADDITION TO OKEECHOBEE, ACORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 13, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA 0.33 ACRES SURVEY NOTES: 1. NOT VAUD UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL 2 LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RM73-OF-WAY. EASEMENTS OR OWNERSHIP. I LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CEM7ERLINE S THIS SURVEY NOT To BE USED FOR FENCE INSTALLATION. SPRINKLER SYSTEMS. SHRUBS OR ANY OTHER UTILITIES WITHOUT REVERiFICATION OF PROPERTY COMERS. * ELEVATIONS SHOWN HERON ARE BASED UPON N.G.V.D. 1>i?9. 7. SURVEY NOT COVERED BY PROFESSONAL LIABLM INSURANCE. uE.mrtrri u TO: VERNON C CARTER (ESTATE) BOUNDARY SURVEY PREPARED ON THE ORDER OF: BERGER REAL ESTATE SCALE DRAWN BY: FILE No.: 20' CGM 04-023-04 AGENDA IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 04-004- SSA. Consider a recommendation to the City Council, to change the land use designation from Single -Family to Multi -Family. The subject property is located at the NW corner of SE 5th Street and SE 121h Avenue. The property owner is Vernon C. Carter (Life Estate), Jim Pippin and Gail Brown are acting as agent on behalf of the property owner - Exhibit 1. • �J May 25, 2004 - Land Planning Agency - Page 2 of 4 ACTION - DISCUSSION - VOTE Summary of Application: Vernon C. Carter (Life Estate) is the property owner, David Thomas is the applicant, Jim Pippen and Gail Brown are representing the applicant. The application is to change the existing Future Land Use designation from Single Family to Multi -Family on lots 9 and 12 of Block 2, Wright's First Addition to Okeechobee. Kelly Hill, representative of LaRue Planning and Management, briefly explained the Planning Staff Report to the Agency members. Planning Staff Report Summary: The subject property is currently designated Residential Single Family on the Future Land Use Map and is zoned Residential Multiple Family. The applicant is requesting a small scale amendment of the Future Land Use Map consistent with the zoning for this property. Also, the blocks to the West and Northeast have a Future Land Use of Multi -Family. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. The applicants request is consistent with the currently adopted Future Land Use Element policies and zoning districts permitted within each Future Land Use category. (B) Concurrency of Adequate Public Facilities. The Okeechobee Utility Authority service area includes the subject property and adequate public facilities are available. (C) Compatibility with Adjacent and Nearby Land Uses. The requested plan amendment is consistent with adjacent and nearby land uses. (D) Compliance with Specific Standards of the Plan. The proposed map changes will not cause more intense development that the other existing. Planning Staff Report Analysis and Conclusions: The existing Comprehensive Plan Goals, Objectives and Policies will support multi -family oriented uses at this location therefore, it should be recommended that the City of Okeechobee find the application to be consistent with the Comprehensive Plan. There were no comments from the Agency, and no public comments. Agency Member Hoover motioned to recommend to the City Council to approve Comprehensive Plan, Future Land Use Map Amendment Application No. 04-004-SSA; seconded by Agency Member Keller. Mav 25, 2004 - Land Planning Agency - Page 3 of 4 AGENDA IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 04-004- SSA, continued. B. LDR Amendment. Consider a recommendation to the City Council to amend Chapter 78 of the Land Development Regulations specifically regarding sidewalk regulations, Section 78-36 - Exhibit 2. ACTION - DISCUSSION - VOTE VOTE CREECH - YEA HOOVER -YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED. Agency Attorney, John Cook, explained a proposed LDR Amendment to the Agency Members. Public Works Director Robertson has indicated the need for the amendment by explaining that heavy vehicles drive over the City sidewalks causing them to crack or break and the City has to pay to repair them. Attorney Cook continued that this LDR Amendment will require that all sidewalks be constructed six inches thick rather than four inches, which is the existing standard. The Amendment also requires that the sidewalk be protected prior to driving over them, either with a mound of dirt or with plywood. Should a sidewalk be damaged the person responsible will be required to pay for the repairs. There was a brief discussion between the Agency Members and Attorney Cook. Agency Member Hoover moved to recommend that the City Council amend Chapter 78 of the Land Development Regulations specifically regarding sidewalk regulations, Section 78-36; seconded by Agency Member Keller. VOTE CREECH - YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED. The Okeechobee News P.O. Box 639, echobee, Florida 34973 (86 ) 763-3134 Published Daily STATE OF FLORIDA COiJNTY 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 \ C _i-1�C'l.Q I 4 in the 19th Judicial District of the Citcuft 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 farther says that she has neither paid nor promised any person 0 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDNANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechohee Florida will on Tuesday, June 1, 2004 at &DO p.m or as soon thereafter p0a8ibb, at City Hall, 55 SE 3rd Ave, Okeechobee. FL conduct n PUPI IC HEARING on and thereafter consider final reading of the follovnngg Drill mince Into law NO. 859: AN ORDINANCE OF THE CITY OF OKEECHO- nFLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHEN- UV PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PAR- HERIN FROMLY TO RES LENTIALCRIBED MUL I FAMILY- PROVIDING FOR NAL CLUstnNNGLEFOF O DR DNANCE AND REVISED FUTURE LAND USE MAP IN THE COMPRE HENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. The Ordinance pertains to Future Land Use Map Amendment Anpkca tlon No. 04-004-SSA, re?uestmg to change the existing lutow land use designation from Single Family to Multi -Family The subject property i. approtdmatety .33 acres, located at Southeast 5th Street and 1?UI Avr nue, and more particularly described as Lots 9 and 12 Bio,:k d yVnillils First Addition to Okeechobee, according to the Plat thereot urrnnled w Plat Book 1 Page 13, Public Records of Okeechobee County t1111,14 Propperty is owned by Vernon C Carter (Estate), application suhnuttrd 1•y Dartld "Wern.s All members of the public are encouraged to attend ind paibc gr'tr m said headng The proposed Ordinance may be inspected ill as entapt, by members of the pubic in the Office of the City Clelk during mgular hr I- ness hours, Mon -Fri, Bam-4 30pm, except for holidays PLEASE TAKE NOTICE AND BE ADVISED Brat if any person de.;ue', to WWI any decision made by the City Council with res rect to any nrnt1w aprisidered at this hearing, such Interested person will neod a recoi d of to proceedings, and for such purpose may need to ensure a verbatim filmd of the proceedings is made, which record includes the testimmoy rift the wore purpose once upon f backupch the pforal is to ofiC albrecord sof the Gerkklat�P' n P In accordance with the Americans with Disability Act (ADA) and 11, vi da Statutes 286 26, ersons with disabilities needing special acconnnm da8pn to participPate n this proceeding should contact Lane Ganooten no ater lthan two (2) working days prior to the proceeding at 863 763 3 t iQ15 8 headnpp or voice Impaired, call TDt) 1-800-222 3448 (vowc) ni 1-886- 447.5620 (TTY) 1 472816 ON 5/21104 firm or corporation any discount, rebate, commission or refund ;\ 1 i for the purpose of securing this advertisers t for publication in { the said newspaper. l Swom to and subscribed ore me this day f ,� M� s A.D.2o i 4 Notary Public, State of Florida at Large °atE ; Raiiixiii R. B(21 ' _ Commission #DD Expires: Jan 17, 200R��• f F ovo\ Bondcd Thnt Atlantic Bonding Co In+ 0 EXHIBIT 2 - .TUNE 1, 2004 AGENDA ORDINANCE NO. 860 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) AND RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 04-004-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.50 acre(s) from Residential Single Family -One (RSF-1) and Residential Multiple Family (RMF) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: Lots 3, 4 and 5 of Block 143, Okeechobee, according to the plat thereof as recorded in Plat Book 1, Page 10 and Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One and Residential Multiple Family (RMF) Zoning District to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 1" of June, 2004, James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this Ir day of June, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 City of Okeechobee I Date: 1k t+ 19(0 Io L� Petition No. 04 _ _ General Services Department Fee Paid: F-)` lnnl / Jurisdiction: P 55 S.E. 3rd Avenue, Room 101 1st Hearing: F� I5 I C)L�. 2nd Hearing: Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1686 I Notices Mailed: Uniform Land Use Application Rezone • Special Exception • Variance I✓ Name of property owner(s): Cc�-L-2k� , A Owner mailing address- 3 0 (, P P Name of applicant(s) if other than owner (state relationship). pJ uye� L I Applicant mailing address: L 3� 5, P- . '"1 y h Abe O�e�-I`ve-e C A Name of contact person (state relationship): �Var�n� `��-r�r� p.pPt<<�,.t N T I Contact person daytime phone(s): Lv :5 `i ' �1 z �% Fax: `4 L. -1 - 7-3 a 7 ✓ Property address / directions to roe ~ ' 8 P riY property: rtY � 3 O Lo 11 I✓ 3 � 5� � 1 �1��1. Indicate current use of property: 5 ny La Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: "I a qc,,Z Is property in a platted subdivision? -4-) J Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: P R O Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, P nature and applicant's name: t vD E R Is a sale subject to this application being granted? Ve 5 T T Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: y� Describe adjoining land uses / improvements to the North: Lh —%eraP Center �j South: , f O. CAdt \n-ot East: \ amp West: Existing zoning: 9'1t) V Future Land Use classification: Actions Requested. (_✓ Rezone (_� Special Exception Variance Parcel Identification Number: 3 - 15 - 3`l- -�c; - vo u - 0%43o -ooyo V I Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days �and dmmay result in the summary denial of this application. C--C)\ \ A"aa- y \ a 'DPI Signature Printed Name Date Uniform Land Use Application (rev 1iO3) Page I of 2 Current zoning classification: PiSt-4 l -PI) Mtf Requested zoning classification R What is your desired permitted use under the proposed classification: Z O N If granted, will the new zone be contiguous with a like zone? \f Q� E S P E C I A L Is a Special Exception necessary for your intended use? Variance? Describe the Special Exception sought: Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I O I If business, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C I Did you cause or contribute to the characteristic? Is so, describe E What is the minimum variance necessary? Uniform Land Use Application (rev 1/03) Page 2 of 2 • 0 Donna Durand 637 S.E. 74th Ave. Okeechobee, Fl. 34974 (863) 634-7268 Letter of Consent of Property Apri128, 2004 Edward and Carolyn Cridland has consented for Donna Durand to apply for rezoning for 306 N.E. 3rd St. Okeechobee, Fl. 34972 on behalf of the property owners. Donna and Scott Durand will be purchasing this property when the paperwork becomes completed. Sincerely, , Edward Cridland eu;0�� Carolyn Cridland STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed befor me this ,Zq Day of lj ri % , ZLY 4 .Personally known to me or produced as identification and did not take an Sath. Notary Public -State of Florida �.��•: BRUCE EERRELL MY COMMISSION 4 DD288046 EXPIRES February5.200811 Bonded Thru Western Surety Company natwn to: tafri Sett -add &UW stamped envHopq 1 �v Edward G. Cridland i/ast .504 S.W. 14 Court Okeechobee, Florida This ktstnttlent Prepued by, Natalie C. Harris AaksY 2399 S.W. 18 Avenue Fort Lauderdale, Florida 33315 Property Appreisen Perch I.D. (foifa) Number(s): Pr� ASirentee(s) S.S.r(s): V%a ASM Rae UM no rtsd MM DATA WARRANTY Dear) Itrowla. To amyl* 1721T FILED Fx,R RTORO OKEEP ; ; 90 fit," I S PM ?: 51 CLERK OF tiRca T GOIAT i=-L- ' 'i F:df/1RY� This barranty Peed mde the 5th day of March Clyde K. Harris and Natalie C. Parris, his wife, hereinaffer called file grnnlor, to A. D. iv 90 by Edward G. Cridland and Carolyn Cridland, his wife, whose posiollice address is 504 SJ% 14 Court, Okeechobee, Florida hereinafter called the grantee I Whrr ,•rd hrrr,n ihr Ir nrl dr all rile parer. I rhr, mnumemrond j(� rhr he,.• Irr•1 rrer..rnvr"n •,red ta.,,rn, nl red ,ndi �du•h� and rhr .soya«.n and a•irm el toNaral ml INUSSeth: Thal the ryrenfor. for and in con sidern lion of file sum of a 10.00 and other valuahle considers lions, rereifll u,hr•reof is hereby acknoteli Mlped, hereby grants, bargains, sells, aliens. re- mises, releases, conveys and confirms unto the grantee, all that cerfain land situate in County. Florida. vix Lot 4 and 5, Block 143, 70II2l OF OKEECHOBEE, according to the plat thereof recorded in the Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Subject to restrictions, reservations, covenants, and easements of records. This property does not constitute the homestead of the Grantors who reside at 2399 S.W. 18 Avenue, Fort Lauderdale, Florida 33315 Together with all the tenements, heredilaments and appurtenances thereto belonging or in any, wise appertaining. To Maui and to lioid, the same in fee simple forever, f(nd file grantor hereby covenants with sold grantee that the grantor Is lawfully seized of sold sand in fee simple; that the grantor has good right and lawful authority to sell and convey sold land; that the grantor hereby fully warrants the fill* to said land and will defend the same against the lawlts? claims of nil persons whomsoever; and that said land is free of all encumbrances, except taxes accruing tabsagwn! to December 31. 19 89 In }gitws Uhereof, the said grantor has signed and sealed these presents the day and ,ear first above written. Signed, ealed and delivered I our presencet ..t...................® STATE OF Florida COUNTY OF Broward I HEREBY CERTIFY that on this day, before toe, to officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Clyde K. Harris and Natalie C. Harris, his wife, to me knows, to be the person described in and who executed the foregoing instrument and they Wore me that they executed the same. WITNESS my liithd and,"bfficial seal in the County and State fait aforesaid this S •-�. .16 ;;OTARY PUBLIC, STATE OF rLORTDA AT C0:2'.ISSIO.1 C::PIPES: 3/10/90 R 6.(70 00 3 E S 0 f _ t N 3%3 PACE 882 Parcel m N.mber. 3-1S-37••35-0010-01430-0030 oosol e. it TIN: 2 6 5- 4 2- 9 0 41 oranaso. R TIN: 265-60-2634 Warranty Deed This Indenture, Made this 22nd day of December , 1995 A.D. , Between JUAN SOLORZANO and YOLANDA, SOLORZANO, his wife, of the County of OKEECHOBEE I steer Florida , grantors, and EDWARD G. CRIDLAND and CAROLYN CRIDLAND, his wife, whose address is: 306 N.E. 3RD STREET, OKEECHOBEE, Florida 34972 of the County of OKEECHOBEE I seta er Florida , grantees. W itnesseth that the GRANTORS, fnr arid in consideration of the sum of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------- TEN &NO/100($10.00)------------------ Do>;ARS. and other Food ■nd valuable consideration to GRANTORS in hand paid by GRANTEES, dK receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEES and GRANTEES' heirs and assiges forever, the following described lard, situate, lying and being in the County of OKEECHOBEE sma f Florida to wit: LOT 3, BLOCK 143, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBILC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1995. i FILED FCR RECORD 0KEECHOSf.E cn, F I.. 218503 95DEC 28 PM 2: 13 SHARON ROBERTSC'c CLERK OF CIRCUIT COIIl: Joeu rgtaryStAIItpsDalri �' the ati�ount of X �j-CJ• � . C , ,1� / S'� ''IerkofClrcuIt ft tc and the grantors do hemb fully warrant the title to said land, and will defend the tame against lawful claims of all persons whomsoever In Witness f, grsnrnn have hereunto act their hands and seats the day and year Pint Shove written. Signed, sealed d bu�ce: , (SCSI) ted ante: Sy L E. LIPSCOMB / AN S�L RZANO Wit_ as to Both P.O. Address 2242 N.W. 7TH STREET, OKEECHOBEE, FL 34972 ( Printed Name: SONSUN BURK OLAND,A SOLO ANO1 a Witness as to Both P.O. Address 2242 N.W. Tni STREET. OKEECHOBEE. FL 34972 STATE OF Florida COUNTY OF OKEECHOBEE The foregoing Instrument was acknowledged before me this 22nd day of December s 1995 by JUAN SOLORZANO and YOLANDO SOLORZANO, his wife, who ate personally known to me or who have produced their DRIVERS LICENSE is Identification. This Documsm Prepared By: }r susm LD19cc%m OXE &TANM Tn1B CO. 'l 500 N.N. 6lH TTV= P.O. BOX 1211 NOTARY BL1C OKEsCHOBBE Ft. 34973 My Co Bapim Vl op 8503 �r"' Donna Durand 637 S.E 74th Ave Okeechobee, Fl. 34974 (863) 467-2911 March 22, 2004 Letter of Consent of Property Edward and Carolyn Cridland has consented to sell their existing property at 306 N.E. 3rd St. Okeechobee, Fl. 34972, to Donna and Scott Durand. The agreement will take place upon the Cridland's fmdmg a new location to reside. Sincerely, Edward Cridland Carolyn Cridland PEGGY R. CREWS rr My COMMISSION # DD 005173 EXPIRES: May 9, 2005 1.80U3 QTAR 1 Fl Nct ary Service & Bonding, Inc. Donna Durand 637 S.E. 74`h Ave. Okeechobee, Fl. 34974 April 23, 2004 To: Members of the Rezoning Board & City Council, I would like to submit this letter of interest to rezone the property at 306 N.E. 3rd St., to Heavy Commercial Use This zoning would update the proposed future land use of this property for the city. My intended use of this property is to expand my current business of the Therapy Center Of Okeechobee, Inc. I plan to build a 5000sq.ft. building for expansion of occupational & physical therapy. I also, plan on incorporating a fitness center and lecture room and leasing out the remainder of the building. Thank You for your consideration! Sincerely, Donna Durand Ia Okeechobee County Property Appraiser - Interactive Record Search & GIs Mapping System - fip'l Mum R -aw, now N1 % 01KO- 1 6U z illUj > z ell -------- Uj: Z. La n ziw Z? N.EA TH STREET . . . ...... ............ .. .... 7 IF 3-15-37-35-001 Mll 430-0040 N.E-3 RD STREET CRIDLAND EDWARD G 8 CAROLYN 3t1 M 990 - $37:400 - IJU U-1 Ul w Ui LU: > > < L-J" I I x I11 N.E2 ND STREET Uj w Lq Lq z STATE ROAD 70 S- E. PARK STREET S-E.2 NO STREET Appraiser Web Site Design, Record Search & GIS Mapping Interface: Copyright 2001, by Grizzly Logic, Inc. . 1375 JackeStreet, Suite 206 Fort Myers, lorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(oDatt.net Staff Report Rezoning Request Prepared foi: The City of Okeechobee Applicant: Donna Durand Owner: Edward & Carolyn Cridland From: Residential Single Family & Residential Multi Family to Heavy Commercial Petition No. 04-004 R Staff Report Rezoning Request Applicant: Applicant Address: Applicant Phone Number: Owner: Owner Address: Future Land Use Map Classification Zoning District j Use of Property j Acreage j Access Applicant: Donna Durand Petition No. 04-004-R Donna Durand 637 S.E. 74"' Avenue Okeechobee, FL 34974 863-634-7268 Edward & Carolyn Cridland 306 N.E. 3f' Street j Okeechobee, FL 34972 Commercial Residential Single Family & Residential Multi - Family Single Family Home 0.5 ME 37' Street Location: 306 N.E. 3`d Street Commercial Heavy Commercial Therapy Center 0.5 N.E. 3"d Street Legal Description: Lots 3, 4 and 5, Block 143, Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida The applicant would like to expand the current business of the Therapy Center of Okeechobee, Inc. The applicant plans to build a 5000 sq. ft. building for expansion of occupational & physical therapy, incorporating a fitness center and lecture room and leasing out the remainder of the building. 11-11 WIN R.►. j North: Future Land Use Map Classification: Commercial i Zoning District: Residential Single Family 1 Existing Land Use: Church East: South: Future Land Use Map Classification: Zoning District: Existing Land Use: Future Land Use Map Classification: Zoning District: Multiple Family Residential Single Family Single Family Multiple Family Residential Multi -Family & Heavy Commercial (PAGE ) • Staff Report Rezoning Request Applicant: Donna Durand Petition No. 04-004-R Existing Land Use: Vacant & Office Building West: Future Land Use Map Classification: Commercial Zoning District: Heavy Commercial Existing Land Use: Residential Office The subject property consists of three lots (3, 4, &5) as described in the attached survey. The lots have an existing single family home and have a Future Land Map classification of "Commercial". The zoning districts are Residential Single Family and Residential Multi -Family. The surrounding existing uses are also mostly commercial except for the church to the North and the Single Family use to the East. The request to change the zoning will make the zoning consistent with the Future Land Use classification and allow development that is compatible with the neighboring properties. 1. The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed use is 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. Yes, the use is specifically authorized in the CHV zoning district under section 90- 282 (1). 3. The proposed use will not have an adverse effect on the public interest. The proposed use will cause no adverse effects to the public intrest. 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. Commercial zoning is appropriate given the proximity of Commercial to the subject site. 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 is compatible with the neighborhood and will not adversely affect property values or living conditions. {PAGE } Staff Report Rezoning Request Applicant: Donna Durand Petition No. 04-004-R 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The proposed use can be suitably buffered and will have to meet city code requirements for site design, landscape and buffering. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use should not impact density patterns nor public facilities and services. The proposed use will be located in a district designed to accommodate such uses. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will not create any inordinate traffic congestion or flooding not impact public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use should be able to develop within the existing city code requirements and will not be inordinately burdened by any unnecessary restrictions. 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 will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Summary and Conclusions Priorto Certification The subject property is located in an area, which was developed with commercial uses. The proposed zoning and the proposed use are compatible with surrounding. uses and are consistent with the goals and policies of the city's Comprehensive Plan. Therefore based on the findings of this analysis, staff recommends approval of the request to change the zoning of the subject property from Residential Single Family and Residential Multi -Family to Heavy Commercial. Recommendation Staff recommends approval of the request to allow rezoning from Residential Single Family & Residential Multi -Family to Heavy Commercial. Submitted by: James G. LaRue, AICP Planning Consultant April 20, 2004 {PAGE } 0 SURVEYORS REPORT AND BOUNDARY SURVEY LOCATED IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY, FLORIDA DESCRIPTION Lots 3, 4 and 5, Block 143, OKEECHOBEE, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida SURVEYORS NOTES Subject to easements and restrictions of record Lands described hereon not abstracted by this office Underground utilities and foundations are not shown --�4-re-d�u�, rushown-Frerean-Wus-p� c�,dcJ bq-thc client and/or his/her agent. Not valid without the signature and the -original raised_ seal _ai_d _Flu('i L icensed surveyor rnappei The surveyor did not Interview adjoining land owners for unrecorded deeds or easements_ Elevations, If any, are based upon assumed datum Lands shown hereon are In Flood Zone C, as scaled from FEMA FIRM panel no 120177 02008, dated 2-4-81 SURVEYORS CERTIFICATE I hereby cerufy that the attached sketch of survey of the hereon described_ property Is true and correct to the best of my knowledge and belief as surveyed In the field under my direct supervision Subject to the qualifications noted hereon es R Almond, PSM Professional Surveyor -Mapper Florida Registration No LS5081 JAMES R. ALMOND PSMT PROr 88.OI1�L LAA.=.� B�pVEYOR -MAPPER - C&SUI ANT ® 2973 SW 3RD TERRACE OKEECHOBEE, FLORIDA 34974-2684 TEL (863) 467-5700 FAX: (863) 467-6121 EMAIL" almondOokeeeho ee.00m SCALE. FLDBK/PAGE REVISIONS 1" 30' FILE PROJECT No. 3992 1 SHEET 1 OF 1 I MAP OF BOUNDARY SURVWY LL FORMERLY NINTH STREET O NE 3RD STREET Z S90'00'00"W S90'00'00"W BEARING BASIS — - 66.02' - - �— - - - - 1 SO 03' - — IZ 20' ASPHALT PAVEMENT I� nIO 0 0 0 0 I� IN90'00'00'E 150 03' OI 0 D 5/8' IR 7 7 70 z 1 m I� -- - A - -- UP/UGH x o IT1 o z - 7Iz - m M I - I CERTIFIED TO ONLY THE FOLLOWING PARTIES. SCOTT DURAND DONNA DURAND BANK of AMERICA, N.A., ITS SUCCESSORS AND/OR ASSIGNS LAW OFFICE OF CASSELS & McCALL, INC. ATTORNEYS TITLE INSURANCE FUND, INC COMMONWEALTH LAND TITLE INSURANCE COMPANY SURVEY DATE: APRIL 7, 2004 1 1 INCH THIS BAR IS INTENDED TO MEASURE 1 INCH LONG AT THE SCALE SHOWN. IF BAR MEASURES DIFFERENTLY ENLARGE OR REDUCE ACCORDINGLY. LOT 6 FO 5/8" A 0 60'E LOT 7 70' R/W - - -I - I Z uIo � C 50 1 M SO 1' M 50.01' M 0' P 5P 50' P 1 I I I I I I I I I T o to IP IN Im I I. ' —o —sEanc \--i -- sePnc \ C TANK 1 - TANK r I o Ivj1 1 Inl L CONO 22 63' 66 72' 9 99' _ , sr - v ddd��YYY N u CONCRET BLOCK a '� RESIDE CE o _ 9 86. --22_66'-- :270' m T 18.70'--7668_ -----1—-----------. IQ wood ADDITION ADDITION I CONC i CONC It GREASE TRAP J_I x LOT 5 LOT 4 LOT 3 ID 5/8" A C- o-_ Ln �o v �- 3 O C O O 5, LOT 2 m � N SATEUTE DISH I a_ I I I I \ I r 5�0• p 01 M I I CONC 50' P 5000' 50.01' M D 5/8' IR S89'S5'59"W 150 02' TB / 1 5' ALLEY ( OPEN, NOT iMPROVEO) A(= MEASURED DIMENSION DEED DIMENSION = PLAT DIMENSION C CONCRETE MONUMENT IR IRON ROD LOT 8 LOT G LOT IRC = IRON R00 1H CAP. 0 "" =WATER WATER IALVE UNYPOLE BLOCK 143 SARI ARC LENGTH Box OKEECHOBEE R CENTRAL OISSTTANCE PB 5, PG 5 sF = so°A E FEET OKEECHOBEE COUNTY, FLORIDA GA DL= FOUNDN P8 = PLAT BOOK n PAGE ORB = OFFICAL RECORDS 3_1K PREPARED FOR: SCOTT AND DONNA DURAND R°.=NRADIAL O RAA01AL May 25, 2004 - Planning Board - Page 2 of 4 AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 04-004-R. Consider a recommendation to the City Council to rezone the property located at 306 NE 3rd Street from Residential Single Family One (RSF 1) and Residential Multiple Family (RMF) to Heavy Commercial (CHV). Edward and Carolyn Cridland are the property owners, Donna Durrand is acting as agent on behalf of the property owner - Exhibit 1. is 0 1� ACTION - DISCUSSION - VOTE Summary of Application: Edward and Carolyn Cridland are the property owners, Donna Durrand is the applicant. The applicant is requesting to change the existing zoning classification from Residential Single Family-1 and Residential Multiple Family to Heavy Commercial on lots 3 through 5 of Block 143, City of Okeechobee. Kelly Hill, representative of LaRue Planning and Management, briefly explained the Planning Report to the Board Members. Planning Staff Report Summary: The subject property consists of three lots as described in the attached survey. The lots have an existing single family home and have a Future Land Map classification of Commercial. The zoning of the property is Residential Single Family and Residential Multiple Family. The surrounding existing uses are also mostly commercial except for the church to the North and the Single Family use to the East. The requested change will make the zoning consistent with the Future Land Use classification and allow development that is compatible with the neighboring properties. Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the use is specifically authorized in the CHV zoning district under section 90-282 (1). (3) The proposed use will not have an adverse effect on the public interest. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Commercial zoning is appropriate given the proximity of Commercial to the subject site. (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 is compatible with the neighborhood and will not adversely affect property values or living conditions. (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 and will have to meet City code requirements for site design, landscaping, and buffering. (7) The proposed use should not create a density pattern that would overburden public facilities such as, schools, streets, and utility services. The use is located in a district designed to accommodate such uses. (8) The proposed use will not create any inordinate traffic congestion or flooding not impact public safety. (9) The proposed use has not been inordinately burdened by unnecessary restrictions, should be able to develop within the existing Mav 25, 2004 - Board - Page 3 of 4 AGENDA IV. NEW BUSINESS, CONTINUED. ACTION - DISCUSSION - VOTE A. Rezoning Petition No. 04-004-R, continued. III existing City code requirements. (10) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Planning Staff Report Summary and Conclusions Prior to Certification: The subject property is located in an area, which was developed with commercial uses. The proposed zoning and proposed use are compatible with surrounding uses and are consistent with the goals and policies of the City's Comprehensive Plan. Therefore based on the findings of this analysis, staff recommends approval of the request to change the zoning of the subject property from Residential Single Family and Residential Multiple Family to Heavy Commercial. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Residential Single Family and Residential Multiple Family to Heavy Commercial. There was no public comment. There was no discussion from the Board. Board Member Keller made a motion to recommend to City Council to approve Rezoning Petition No. 04-004-R, based on Planning Staff s recommendations; seconded by Board Member McCoy. VOTE CREECH - YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED. . • EXHIBIT 3 - JUNE 1, 2004 AGENDA ORDINANCE NO. 861 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY CODES, CHAPTER 46 STREETS AND SIDEWALKS, ARTICLE I, SECTION 46-3 DAMAGING GENERALLY; LAND DEVELOPMENT REGULATIONS, CHAPTER 78 DEVELOPMENT STANDARDS, SECTION 78-36 SIDEWALKS AND PEDESTRIAN ACCESS; AND APPENDIX E MANUAL OF STANDARDS FOR DESIGN, CONSTRUCTION AND MAINTENANCE FOR CITY STREETS, CHAPTER 6 ROADS AND STREETS; TECHNICAL REQUIREMENTS, SECTION 1.13 SIDEWALKS THEREOF; TO PROVIDE FOR DESIGN STANDARDS FOR SIDEWALK CONSTRUCTION; PROVIDE FOR MAINTENANCE; PROVIDE FOR NOTICE OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES; PROVIDE FOR PENALTIES FOR DAMAGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee is responsible for the construction, maintenance and repair of city sidewalks dedicated or constructed for public use; and WHEREAS, it is in the interests of the City of Okeechobee to adopt a uniform design standard for sidewalks throughout the city, and to establish consistency within the city codes, land development regulations and construction and design standards; and WHEREAS, it is further in the interests of the City of Okeechobee to ensure that certain construction activities adjacent to city sidewalks does not cause damage to sidewalks, and to require landowners, contractors and others to notify the city in advance of such activities to minimize such damages; and WHEREAS, the City of Okeechobee intends to assess penalties to landowners, contractors and others who disregard required notice to the city and thereupon cause damages to sidewalks, so that the general funds of the city are not needlessly expended to repair damages caused by others; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. Chapter 46, Article I, Section 46-3 is hereby rescinded, and in its place and stead, the following section is herein adopted: Sec. 46-3. Damaging generally. (1) It shall be unlawful for any person or entity to damage any portion of any of the sidewalks, or paved streets within the city, in any manner whatsoever, to the extent that such damage requires repair to return such sidewalk or paved street to its original condition. (2) Any business owner, homeowner, landlord or tenant, or the authorized agent thereof, who hires or retains the services of any person or entity to perform construction or maintenance activities on its premises, including but not limited to pouring of concrete; trimming of trees; performing septic tank service; garbage or refuse pick-up, or services of this nature, which would require heavy trucks or equipment to travel over and across city sidewalks to perform such Page 1 of 3 service(s), must notify the City Public Works Department of such intended activity, and its location, at least twenty-four (24) hours in advance of the activity. The City Public Works Department shall thereupon inspect the location prior to such construction or maintenance activity, and the person or entity, employing or using such service shall, at no expense to the city, cause the sidewalk to be adequately covered with plywood, dirt, or other covering so as to ensure that the truck or equipment traffic will not damage the sidewalk. (3) In the event such notice is not provided to the city as set forth herein, and the construction or maintenance activity should cause damage to city sidewalks, the business owner, homeowner, landlord or tenant, or authorized agent thereof, as well as the person, contractor or entity providing the construction or maintenance services, shall be jointly and severally liable to the City of Okeechobee for the expense of all reasonable repairs to a damaged sidewalk, as necessary to restore the sidewalk to its prior condition and in conformity with all applicable city codes. SECTION 2. Chapter 78, Section 78-36 thereof, land development regulations, shall be amended in the following respects: Sec. 78-36. Sidewalks, driveways, and pedestrian access. (a) When required. (1) All projects constructed in zoning districts set out in Section 90-71 of this code, except residential districts, wherein the lands of the owner and/or developer adjoin a collector or arterial street or city right of way, shall provide sidewalks adjacent along each such street or right of way. (2) through (5) No changes. (6) In any area where the owner or developer constructs a driveway which extends to a City right-of-way, and which would cross or adjoin a city sidewalk, such driveway shall also be constructed of concrete or other material approved by the city. Additionally, such driveway shall be constructed in conformity with applicable sidewalk design standards to ensure that the portion of such driveway that may extend into a city right-of-way is constructed in a manner consistent with surrounding sidewalks. (7) The Technical Review Committee may, upon demonstration of undue hardship to, or existing circumstances beyond the control of the owner or developer, recommend to the City Council, approval of a deviation from these standards designed to alleviate such hardship. (b) Design standards. (1) Design standards of sidewalks and pedestrian ways shall conform to these regulations, and the Manual of Standards for Design, Construction and Maintenance for City Streets of Appendix E, Chapter 6, herein, and as amended from time to time. Page 2 of 3 (2) No change. SECTION 3. Appendix E to the Land Development Regulations, Manual of Standards for Design, Construction and Maintenance for City Streets, Chapter 6 thereof, is amended in the following respects: 1.13 Sidewalks. Sidewalks shall be Portland cement concrete, a minimum of six inches thick, and four feet wide, except along arterial roads where minimum width shall be five feet. (Remaining balance of Section 1.13 remains unchanged). SEVERABILITY. In the event any portion of this ordinance is amended, should be deemed to be unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. INTRODUCED for first reading and set for final public hearing on this 1st of June, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 151 day of June, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 3 of 3 James E. Kirk, Mayor May 25, 2004 - Land Planning Agency - Page 3 of 4 IV. New Business, continued. s AGENDA II ACTION - DISCUSSION - VOTE A. Comprehensive Plan, Future Land Use Map Amendment Application No. 04-004- SSA, continued. B. LDR Amendment. Consider a recommendation to the City Council to amend Chapter 78 of the Land Development Regulations specifically regarding sidewalk regulations, Section 78-36 - Exhibit 2. VOTE CREECH - YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED. Agency Attorney, John Cook, explained a proposed LDR Amendment to the Agency Members. Public Works Director Robertson has indicated the need for the amendment by explaining that heavy vehicles drive over the City sidewalks causing them to crack or break and the City has to pay to repair them. Attorney Cook continued that this LDR Amendment will require that all sidewalks be constructed six inches thick rather than four inches, which is the existing standard. The Amendment also requires that the sidewalk be protected prior to driving over them, either with a mound of dirt or with plywood. Should a sidewalk be damaged the person responsible will be required to pay for the repairs. There was a brief discussion between the Agency Members and Attorney Cook. Agency Member Hoover moved to recommend that the City Council amend Chapter 78 of the Land Development Regulations specifically regarding sidewalk regulations, Section 78-36; seconded by Agency Member Keller. VOTE CREECH - YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED. • . EXHIBIT 4 ^- .TUNE 1, 2004 AGENDA MEMORANDUM To: Mayor, Council Members, City Attorney and Administrator From: Lane Gamiotea, City Clerk Subject: Street Closing Application No. 72 Date: May 27, 2004 Attached herewith please find a completed Street Closing Application submitted by Gary Eubanks, requesting to abandon the South 30 feet of Southeast 2"d Street between 5th and 6t' Avenue. When Block 252 was replatted Second Street (between Lots L and O) was dedicated to be a 100 foot wide right-of-way. However the rest of Second Street is only 70 feet wide. (between South Parrott and 5tn Avenues). No easements are required by any of the utility companies. Should Council wish to move forward with the street closing a motion would be in order to instruct Attorney Cook to draft the appropriate ordinance and present it at first reading on June 15, 2004. I would also note that there is an issue with the North boundary line of the street, as pointed out by Engineer Bermudez. Preliminary research indicates that there was a small, Lot N, triangle in size, just South of Lot O, and that the City obtained ownership of the lot for the street to stay aligned when it was paved. I will have this completely researched so that we are sure of the street layout and have addressed the engineers concerns thoroughly. Thank you. Street,Closing Applicaticwo.72. 6 5 4 3 2, s 1 s 4 ].01 1 Subject I' 1 1'7$ 9 1 11 1 7 8 9 1 11 1 Surrounding Closed Alley's. i 'e b 4 3' 1 6 5 4 3 2 1 Q Surrounding Closed Streets ri o v �� i a y ill — 7 8 9 0111 7 8 9 1 111 7LO 119 1 111 U �D 2 LAJ NE 0 Ne 1 t1 5 41.3]2111 6 1 J-54 fl21 6 54 3 2 1 6 5 4 3 2 1 65 4321 1 8 9 1 t 1 1 7 7 8 9 1 11 1 ( 7 8 9 1 11 1 7 8 9 1 11 1 1 8 5[4132 1 6 5[4132 1 6 5 4 3 2 1 d 5 4 3 2 1 6 5 4 3 2 1 11 1 7 8 91 111 7 8 9 7 8 9 11 E b 9 t t11 7 8 9 1 11t K ST 0 NORr� BAST pA-RK;s�' (SR'10 EAsr) P R 3 f E Burger d�=LL.in Kingo ST (70' i 39�/i i(39r/ 7f 131211 Mobile Homes 5 16�7'8 4TH 51 4 3 2 1 5 7 8 I III 6 I 9 CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Note: if property is in two names by the word "and" both signatures are required (for example: Jim and Jane Doe). SIGNATURE OF APPLICANT: (�19AZ IL'j Cubes /vA<; Print name: Gary Eubanks SIGNATURE OF CO -APPLICANT: Not applicable Print Name: The foregoing instrument was acknowledged before me this May 24, 2004 by (date) Gary Eubanks and who is personally known to me or (applicant) (co -applicant) ---- who produced as identification and who did (did not) take oath. VIK10 1.16 MrCOMMINeti<ary Public, Commission No. DD027331 1 EXPIRES: June 36,2005 (ei(inatUre) 1-80 °T"R` F1hbW'svm 'W13 Aarnn (Name of Notary typed, printed or stamped) Id 3 TUTBLANX w Form 4J4 Florid. WARRANTY D9rD—(5tnlolory Form.) 7ua/e Lew PrinrP,6 she,5,Rul/and, Lt ®, noon 1?3 t'acE 4`2"91 Lo '�brlt it 11 1+ 9 �t .Made this IO day of Jame ✓1. D. 19 58 Between J.T.Glamp and Lilian 114 Clamp his wife of the County of Pa]-tn Boachi, in the St t f Florida parties of the first part, and D.L.);ubanks and¢ ifa wife Lavar May Eubanks <3,F'l�t of the County of Okeechobee in the State of" Florida part ies of the second part, Witnesseth, that the said parties o the first part, for and in consideration of the sum of Ten Dollars and nofIoo to them in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, h ve is*anted,-bargained and sold to the said part is of the second part>,i their heirs and assigns forever, the, following described land, situate, dying+, and being in the County of Okeee hobee , State of Florida, to wit: y Lots K L and 0 of block 252 of. -the town of Olreec •hobee,Florida as shown by plat of said .,town recorded in records of Okseohobe County, Florida. This Conveyanc a is given s ubject to reservations of records. ✓lnd the said part j.es of the first part do herebye uly arrantthe Whoms oever. letoeaed land, and will defend the same against the lawf al, of persons In Witness Whereof, the said partiies of the first part have hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered in Our Presence: �11' S. ,��mr '� t lk,�R% bd• t'''F 4"" State of Florida, BOOK 23 PAGE292 County of ca'/ -•->J (✓�' } I HEREBY CERTIFY, That, on this day personally appeared before me,, an ofyleer duly authorized to administer oaths and take acknowledgments, J.T.Clamp and Lillian W Clamp his wife to me well known and known to me, to be the individual described in and who acknowledged before me that executed the foregoing deed, and aye g f executed the same freely and voluntarill( for,, t purposes��thereL.4ry ex,.r�1,", WITNESS my hand and ofj2 ial seal at �t�a �` ��' '� �e `�Y y�. v 01�0) -; Count}/ o �w� ✓ l� , and State of `Florida, this /a,:.aay .. ✓y' day of , .q. D. 19 »:� _ _._...._ .. ��✓%vz�¢i •wig! - 'ty : �n Ir .My Commission Expires Notary Public °'! '' •• ;' Notary Public. State of Florida of largo ••.• My canmissiaa expires June 1, 1960. �'� •,l.q01 ` Banded by ArnoAcan Surety Co. of N. Y. s b ti� �, anti b;3 rn t4' , a y c� � n • Cs7 Pr oil P P C) n f9�0�, r ftj C C [Z Q. �n� y � o W� ii c• r. ej [y �Zf o� O «M a I Unoo 11f10810 d0 N8310 SMIlliM '3 S3NAVH 'V"j 'AIN1100 3380HO33XO Otd033k1 iJO� 03�Id 1 FILED FOR RECORD 99 KAY 26 PM 3- 39 .i tl i�lt li rl i(UtSti� CLERK OF CIRCUIT COURT IN RE. The Estate of LAVAR M. EUBANKS, Deceased 0K0422 fAE2000 IN THE CIRCUIT' COURT OF THE NINETEE -1-I-I JUDICIAL CIRCUIT IN AND FOR cOKE•EC14 BGE COUNTY, FLORIDA PROBATE CASE NO.99-19-CI' JUDGE JOFFN E. FENNELLY n e G i A o ' co � O AMENDED ORDER DETERMINING HOMESTEAD REAL PROPEWFY. AND ORDER OF SUMMARY ADMINISTRATION (Testate) On the Petition of GARY EUBANKS, lilr an Order Determining Flonlcstcad Rcal PropertN and for Summary Administration of tile Estate of LAVAR IVI EUBANKS, the Court (I11d111L that the dCCU&Ill dlyd Oil June 13, 1998, that all interested persons have been served proper notice of hcartn, or hay e valved nuurc thereof, that the material allegations of the petition are true, that the decedent was domiciled ul Ol.ecchobee County, Florida, at the time of decedent's death, that decedent was survived by one or more lineal descendants; and that at the tinle of decedent's death, decedent owned real property described In the petition upon which decedent resided; that decedent's estate qualifies for sunllllary administration, it is thcrcl'ore. ORDERED and ADJUDGED: I THAT the following described property Lots K and L of Block 252, of the town of Okeechobee, Florida as shottn by the plat of said totem rccurded u1 records of Okeechobee County, Florida. Together with a Hillcrest Mobile Ftome IDH 0261 I656G, Title U55621 15 constituted the homestead of decedent within the nleanlne ol' Section 4 of Article h of the C01";tltutiml of the State of Florida. 2 THAT title to the above -described property descended to decedent's hncal dCSCCM1Zk1ItS and that there be immediate distribution of said property to GARY EUBANKS, as to 100`%) interest. I'rcc tlf,ulN claims by decedent's creditors 1799+ 31J5a WIT) 0 0 NO 4 2 2 PAGE2 0 0 1 BK DONE AND ORDERED this day of 1999 9FENN-LLY C,rc ' Judge copies furnished to: ;� -7 Laura Ann McCall, Esquire I 17995-3 1350 WPD] ?X- I MAY . 1 c . 2004 9 : 34AM LONELY Sc COi'JELY PA r 10. 1 �52 P . 2 Proposed Right -of -Way Abandonment Parcel; A portion of the 100 Foot wide right-of-way (R/W) of SE 21 Street (formerly known as Seventh Street) and a portion of the former, but now abandoned, right-of-way of the Florida East Coast Railroad spur, lying North of, adjacent to and coincident with the North line of Lot "L" in Block 252, PLAT OF BLOCK 252, OKEECHOBEE, FLORIDA, according to the plat thereof recorded in Plat Book 2, Page 4A of the public records of Okeechobee County, Florida, being more particularly described as follows: BEGINNING at the Northwest corner of said Lot "L" in Block 252, thence proceed North along the North extension of the West line of said .Lot "L" in Block 252, a distance of 30.00 feet to the intersection with a line 30.00 feet North of (measured at right angles to) and parallel with the aforesaid North line of Lot "L" in Block 252; Thence departing said extended line, run East along said parallel line and the East extension thereof, a distance of 242.00 feet to the intersection with the North extension of the East line of said Lot "L" in Block 252; Thence departing said parallel line, run South along said extended line, a distance of 76,10 feet to the Northeast corner of said Lot "L" in Block 252, said comer being a point on the arc of a non - tangent curve in the Northeasterly line of said Lot "L" in Block 252, said curve is concave to the Northwest, parallel with and 10.00 feet Southerly of the center line of the aforesaid Florida East Coast Railroad Spur and is referenced by a chord distance of 127.00 feet; Thence departing said extended line, run Northwesterly along the are of said curve and North- easterly lot line, to a point that measures 123,55 feet East of the aforesaid Northwest corner of Lot "L" in Block 252; Thence departing said are of curve, run West along said North line of Lot "L" in Block 252, a distance of 123.55 feet to said Northwest corner of Lot "L" in Block 252 and the POINT OF BEGINNING. Said parcel of land containing 10,344 square feet, more or less. rA • • P-VCAV',-` 4&�k, l oU ,,,c( 0Gc(c]' _p /-- Authorized Signature Typed Name & Title Li -2 0 Phone No. S-bS16 y Date I 5 t�21,.�T 1l�ttS rho Lkm o14-, Typed Name & Title Phone No. Date Adelphia,',Cabje w; w , hA7, NIIV'.7t1`Ave,, //D O A7e-G1170AI Okeechobee;; FL? 3�972� 863=763-2 fir, :. . . � /u'•. '� 7/Hi4 f� Authorized Signat49I Typed Name & Titl4 7r) Phone No. Date Wo 464A,o v rY x, T — A% O Qr�t�T7 0 ry f• ..J Cam• fore n/aa � Ex.�;ti 763_94o S,--Ll —o T- Typed Name & Title Phone No. Date Required Only For Cily of Okeechobee & First Addition to City of Okeechobee Subdivisions: ' r +a»•'vsr'Yry n� s Glut C� 7?f-L ff.+.y,c;CK %Cur% Mr/ y f{>9✓G._ .4n/ ♦N-ir•��T�n/ Z-137633/J —11 s 1i•o5� Authorized Signature Typed Name & Title Phone No. Date I Authorized Signature Date Donnie Robertson, Public Works Director Typed Name & Title Page 3 INSTRUCTIONSf,.df !E =to„�he i,City",C�ef�C's;,o1 .IA/ll' 1'r�l.� At/c:!r'l1�si-Ai ��APPLICAtION'NOia;x��;�l� a ij�:applicant::R fif�tf'.'entite-a,0 .1161i fi fi;then.paid. TH�;CLEFtKISOFIC `!�+� ,?�", •.'�r,� ""''��""�•j See attached Memorandum ,PUBGC'WORKS'N`Z DEPARTNIONT`= r{rt • '-1 � �� etJ-ttJ Authorized Signature Oscar Bermudez, Engineer Typed Name & Title No comments or objections. POLICE DEPARTMENT uthorized Signature Tommy Raulerson, Major Typed Name & Title No comments or objections. FIRE, ' DEPARTMENT_: Authorized Signature William Douglas, Battalion Chief Typed Name & Title 5-25-04 Date 5-25-04 Date -G Date 1hC 2+�Sih�ry V-015e,; /SSNF-5 �-kaf Slo1s1jl ADMINISTRATION'�'�. IOP a dPSs � r G/P AJ„niovo Authorized Signature Date Bill Veach, City Administrator Typed Name & Title APPLICATION APPROVED BY: LANE/GAMIT/gtA, CITY CLERK Q E Revised 413/03-LG In IQ • • Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: May 26, 2004 Re: City Right -way- Closing application from Gary Eubanks Application No. 72 The Engineering Department has visited the site and reviewed the City Maps at the intersection of SE 2nd St and SE 5th Ave. and found that future problems may be generated, if the owner of Lot O, right across from lot L, claims that its Property Line encroaches into the City Right -way (the two property lines appear to be parallel). It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning the street right-of-way without properly clearing this situation. wwlc7tdw 4 5 3 2 1 6 5 4 3 2 1 0 ^7891 11 n (2. 615141312111 16151413[2111 71819 s1514131211I'I615141312111' ©UIEUT E O.� 8 9 11 7 8 9 11 5 6 7 8 141-�a� 8 6 5 4 3 2 1 ~' 6 5 4 312 1 Q 6 5 4 3; d ff 7 8 91 111 78['1'191111 F Z1718I9 6 5[,413]2 1 615 [41 3 2 1 151� 4 3 2 7 8 1'911 11 7 8 9 11 6 7 8 t 10 6 1 5 4 3 2 .1 6 5 4 3 2 1 3 � 8 � 7 � 819 H 11111 9K 4.• � 4 5 N 6 R A 7 o ., f-., a e 1 I 8 P L L L- C 9 D 1 10 11 F 12 - G 13 H 1 J 2 0-Oa ('41 3 2 1 7H.11H 171 BRI'lli #12 SE 4TH ST (100') a1y4321eta6i542t1 Pill 7 18 19 h oI 11I12VA, 7 18 F 1 3 2 �5 [6'17 8 9181716`5i4 31 lift 1 �12 t 4fl 9 8 716�5f4�_3{2�1) 3 4 i 5 6 7 8 9 10 i1 12 d15 16 17 18 ,4 12 2- 2' 22 24 25 26 271 28 29 • EXHIBIT 5 ^- DUNE 1, 2004 AGENDA ¢,e,5-0 MEMORANDUM TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk',g� SUBJECT: Citizen Boards Vacancy and Appointment DATE: May 26, 2004 Mr. Jerry Walker who is appointed to the Board of Adjustments/Land Planning Agency/ Planning Board/Design Review Board until April 30, 2005 has submitted his letter of resignation effective immediately. In following our normal procedures, we have asked the Alternate Members whether they would like to be re -appointed as a regular member. Mrs. Sandra Jones feels she would have too many conflicts due to her appointment to the Contractor's Licensing Board, to be a voting member. Mr. Keller who was recently appointed to the board has indicated he would serve the remaining term left vacant by Mr. Walker. My office will now advertise to fill the vacancy for a new Alternate Member. Once we receive an application (or applications), the item will come before the Council for appointment. Should you have any questions please do not hesitate to contact me. Thank you. r� .7 May 26, 2004 Dear Chairperson Bill Ledferd, rrY jijstm nt 1, Je Walker, hereby resign from the City of Oke chobeelBoard of Adrving a and Planning the City Planning Agency, Board effective im Council and various Boards for the City since 1988, I fon andtl feel that I would not be able'to well Other pressing issues have come into my life dedicate enough time required to be a Board Member for the City. Sincerely, Serry Walker M. Lane Gamiotea, City Clerk Katrina Vinson, Board Secretary • gITY OF OKEECHOBEE Revised 4116104 — Otjice of the Citr Oer6 PLANNING BOARD — LAND PLANNING AGENCY BOARD OF ADJUSTMENTS AND APPEAL DESIGN REVIEW BOARD (Citizen Board 3-Year Terms are Appointed by the City Council) Jerry E. Walker (Chairperson) 401 SW 141h Court Okeechobee, FL 34974 (863) 763-5761 (home) Appointed to Board: January 29, 1999 Current Term End: April 30, 2005 Douglas L. McCoy 2085 SW 191h Lane Okeechobee, FL 34974 (863) 467-5437 (home) (561) 221-4090 (work) Appointed to Board: January 29, 1999 Current Term Ends: April 30, 2007 Dawn T. Hoover N (K- 1949 SW 67" Drive Okeechobee, FL 34974 (863) 467-5358 (home) (863) 763-4740 (work) Appointed to Board: January 29, 1999 Current Term Ends: April 30, 2006 Thomas D. Keller 3626 SE 261h Street Okeechobee, FL 34974 (863) 467-1096 (home) Appointed to Board: January 29, 1999 Current Term Ends: April 30, 2006 Kenneth Keller (Alternate) 2879 NE 11`h Lane Okeechobee, FL 34972 (863) 763-8980 (home) Appointed to Board: May 1, 2004 Current Term Ends: April 30, 2007 William (Bill) Ledferd ('Vice-Gheir) 3353 NW 38`h Avenue Okeechobee, FL 34972 (863) 763-2878 (home) (863) 634-1908 (cell) Appointed to Board: January 29, 1999 Current Term Ends: April 30, 2006 Christopher J. Mavroides 5775 NE 561h Parkway Okeechobee, FL 34972 (863) 467-5120 (home) (863) 763-5666 (work) Appointed to Board: January 29, 1999 Current Term Ends: April 30, 2007 Daniel B. Creech 406 SW 2nd Street Okeechobee, FL 34974 (863) 634-7301 (cell) Appointed to Board: January 29, 1999 Current Term Ends: April 30, 2005 Sandra K. Jones (Alternate) 2909 SE 39" Avenue Okeechobee, FL 34974 (863) 357-1498 (home) Appointed to Board: January 29, 1999 Current Term Ends: April 30, 2005 Board meets the 4t' Tuesday of each Month, 7:00 PM, City Hall, Council Chambers, RM 200 Contact the Board Secretary for copies of the Agenda Z`.�, `Z�K'�f Clt�� ItIY!} . I r I Ilk t, l i `:' UIt' 0 () 4-t v. (ov 1 `>C�rl Cl-� fYlC�e ? `;'c r t! ; • continued on back • BOARD STAFF 0 Bill L. Veach, Zoning Administrator Katrina Vinson, Board Secretary 55 SE 3" Avenue Okeechobee, FL 34974 (863) 763-3372 x 218 (office) (R63) 763-1686 (fax) John R. Cook, Board Attorney 55 SE 3"' Avenue Okeechobee, FL 34974 (863) 763-3372 (City Hall) (863) 467-0297 (Law Office) (863) 763-1686 (City Hall fax) LaRue Planning & Management Services, Inc. City Planning Consultant 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 (239) 334-3366 (office) (239) 334-6384 (fax) • • EXHIBIT 6 - JUNE 1, 2004 AGENDA Contract No.:-ED % $� FM No.: 414802-1-72-01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the "DEPARTMENT", and CITY OF OKEECHOBEE hereinafter referred to as the "AGENCY". WITNESSETH WHEREAS, the AGENCY has the authority to enter into said Agreement and to undertake the project hereinafter described, and the DEPARTMENT has been granted the authority to function adequately in all areas of appropriate jurisdiction and is authorized under Section 334.044 F. S. to enter into this Agreement; and WHEREAS, the AGENCY by Resolution No. dated the day of a copy of which is attached hereto and made a part hereof, has authorized its officers to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1-SERVICES AND PERFORMANCE A. The DEPARTMENT does hereby retain the AGENCY to furnish certain services as described in EXHIBIT A, attached hereto and made a part hereof. B. Before any additions or deletions to the work described in EXHIBIT A, and before undertaking any changes or revisions to such work, the parties shall enter into a Supplemental Agreement covering such modifications and the compensation to be paid therefore. Performance of any such services prior to the execution of a Supplemental Agreement will result in nonpayment of those services. Reference herein to this Agreement shall be considered to include any supplemental thereto. 1 C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the AGENCY and of the details thereof. Coordination shall be maintained by the AGENCY with representatives of the DEPARTMENT. D. All services shall be performed by the AGENCY to the satisfaction of the Director who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement. The Director's decision upon all claims, questions and disputes shall be final and binding upon all parties. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable shall be left to the absolute discretion of the Director. Reference herein to Director shall mean the DEPARTMENT's District Secretary for District One, or authorized designee. 2-TERM A. This Agreement has a term of one (1) year, which shall commence immediately following the execution of this Agreement by the DEPARTMENT. B. Subject to mutual agreement of the parties, this contract may be renewed on a yearly basis for a period of up to two (2) years after the initial contract or for a period no longer than the term of the original contract, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the DEPARTMENT. The DEPARTMENT's performance and obligation to pay under any such renewal is contingent upon an annual appropriation by the Legislature. Any renewal or extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. C. The services to be rendered by the AGENCY shall commence, subsequent to the execution of this Agreement, upon written notice from the DEPARTMENT's Project Manager and shall continue until such time as described in EXHIBIT A, unless terminated in accordance with paragraph 6 of this Agreement. 3-COMPENSATION AND PAYMENT A. The DEPARTMENT agrees to pay the AGENCY for the herein described services at a compensation as detailed in EXHIBIT A attached hereto and made a part hereof. The DEPARTMENT shall have the right to retain out of any payment due the AGENCY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the AGENCY on any other Agreement between the AGENCY and the DEPARTMENT. 2 B. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. C. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the DEPARTMENT's Contract Manager prior to payments. D. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. E. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. F. Bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. G. AGENCY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. H. If a payment is not available within 40 days, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the AGENCY. Interest penalties of less than one (1) dollar will not be enforced unless the AGENCY requests payment. Invoices which have to be returned to an AGENCY because of AGENCY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. I. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as a advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792. J. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the AGENCY's general accounting records and the project records, together with supporting documents and records of the AGENCY and all subcontractors performing work on the 3 project, and all other records of the AGENCY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. K. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. L. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4-INDEMNITY AND INSURANCE A. INDEMNITY. AGENCY agrees, to the extent allowed by Section 768.28 F. S. , that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by AGENCY, its agents, employees, or subcontractors during the performance of this Agreement, whether direct or indirect, and whether to any person or property to which DEPARTMENT or said parties may be subject, except that neither AGENCY nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of DEPARTMENT or any of its officers, agents, or employees. B. LIABILITY INSURANCE. The AGENCY shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property H damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. In the alternative, the AGENCY may satisfy the requirements of this paragraph by providing to the DEPARTMENT written evidence of being self -insured. C. WORKER'S COMPENSATION. The AGENCY shall also carry and keep in force Worker's Compensation insurance as required for the State of Florida under the Worker's Compensation Law. In the alternative, the AGENCY may satisfy the requirements of this paragraph by providing to the DEPARTMENT written evidence of being self -insured. 5-COMPLIANCE WITH LAWS A. The AGENCY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. Failure by the AGENCY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The AGENCY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Agreement. 6-TERMINATION AND DEFAULT A. This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the AGENCY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. This Agreement may be canceled by the AGENCY upon (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the AGENCY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the AGENCY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the DEPARTMENT. C . If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the AGENCY, the DEPARTMENT shall notify the AGENCY of 5 such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the AGENCY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the AGENCY. 7-MISCELLANEOUS A. The AGENCY and the DEPARTMENT agree that the AGENCY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Agreement for purposes other than those set out in Section 337.274, Florida Statutes. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. C. This Agreement embodies the whole agreement 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. D. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F. Attachments. All exhibits and attachments are made a part of this Agreement. EXHIBIT "A" ATTACHMENT "A" ATTACHMENT "B" IN WITNESS WHEREOF, the AGENCY has caused this Agreement to be executed in its behalf this day of , by the , authorized to enter into and execute same by Resolution Number dated , _and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this day of AGENCY ATTEST: (SEAL) BY: Signature Signature NAME: NAME: Print Print TITLE: TITLE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) BY: Executive Secretary District One Secretary or Designee DATE: NAME: NAME: Print DOT District Maintenance Engineer Approval: Signature 7 Print DOT Legal Review: e0rKd Signature Availability of Funds Approval: DATE: • 1 - TERM EXHIBIT "A" The services to be rendered by the Agency shall commence, subsequent to the execution of this Agreement, upon written notice from the Department's Project Manager ("Notice") and shall continue for 1 (one) year from the date of said Notice. 2 - COMPENSATION The Department agrees to pay the Agency for services rendered in accordance with this Agreement. A lump sum payment will be made in the amount of $ 7,228.32 ( Seven Thousand Two Hundred Twentv-Eight & 32/100 Dollars) per quarter for a total of $ 28.913.28 (Twenty - Eight Thousand Nine Hundred Thirteen & 28/100 Dollars), per year. 3 - LOCATION AND DESCRIPTION OF MAINTENANCE ACTIVITIES TO BE PERFORMED. SEE ATTACHMENT "A" attached hereto and made a part hereof. Pay Item Activity Description Number Number IE104 4 4 484 Mow Int E 110 30 541 I Litter E110 31 543 ISweep Mech JE110 32 1 545 JEdge/Sweep Units I Quantitiy I Price Per I Cycles Unit Per Year Acres 4.2 $63.60 12 Acres I 4.2 $25.00 12 Mile 14.2 $84.80 12 Mile 2.62 $318.0012 Total Yearly Cost Quarterly Payment Total Cost $3,205.44 $1,260.00 $14,449.92 1 $9,997.92 1 $28,913.28 1 $7,228.32 1 • • Location No Section: Description: From: To: Pay Item E10444 1 E110 3 0 E110 3 1 E110 32 1 Location No Section: Description: From: To: Pay Item E110 3 1 Location No Section: Description: From: To: Pay Item E10444 E110 3 0 E110 3 1 E110 32 1 Location No Section: Description: From: To: Pay Item E110 3 1 ATTACHMENT "A" LOCATION DESCRIPTIONS CITY OF OKEECHOBEE MAINTENANCE AGREEMENT 1 91070, SR 70 Within Corporate Limits of the City of Okeechobee Mile Post 8.580 Mile Post 10.345 Activity Description Measure Units/Act 484 Int Mow ' Acres 0.87 541 Litter Rem Acres 0.87 543 Swp Mech Miles 3.5 545 Edge/Swp Edge Mi 1.33 2 91070, SR 70 Okeechobee County Section Mile Post 10.345 Mile Post 10.599 Activity_ Description Measure 543 Swp Mech ' Miles Cycles/Yr I Cost/Unit I Total Cost 12 $ 63.60 $ 663.98 12 $ 25.00 $ 261.00 12 $ 84.80 $ 3,561.60 12 $318.00 $ 5,075.28 Location Total $ 9,561.86 Units/Act Cycles/Yr Cost/Unit Total Cost 1.0 12 1 $ 84.80 $1,017.60 Location 1 Total $1, 017.60 3 91020, US 441/SR 15 Within Corporate Limits of the City of Okeechobee S.W. 23d Street Mile Post 1.626 N.W. 8'b Street Mile Post 4.131 Activity Description Measure Units/Act 484 Int Mow Acres + 3.33 541 Litter Rem Acres 3.33 543 Swp Mech Miles 6.3 545 Edge/Swp Edge Mi 1.29 i 4 91020, US 441/ SR 15 Okeechobee County Section S.W. 23`d Street Mile Post 0.000 SR 78 Mile Post 1.626 Activity Description Measure Units/Act 543 Swp Mech Miles 3.4 0j Cycles/Yr I Cost/Unit I Total Cost 12 $ 63.60 $ 2,541.46 12 $ 25.00 $ 999.00 12 $ 84.80 $ 6,410.88 12 1 $318.00 $ 4,922.64 Location I Total $14,873.98 1 Cvcles/Yr Cost/Unit Total Cost 12 $ 84.80 $3,459.84 Location Total $3,459.84 • • ATTACHMENT "B" SECTION ME102 MAINTENANCE OF TRAFFIC (REV. 10/29/03) The work specified in this Section will be governed by Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction and revisions thereto current at the time of contract letting, except as amended by the following: Subarticle 102-11.15 (Page 114) is deleted and the following substituted: 102-11.15 Changeable (Variable) Message Sign: The quantity to be paid for will be the number of changeable (variable) message signs certified as installed/used on the project on any calendar day or portion thereof within the contract time. Article 102-12 (Pages 115 and 116) is deleted. Subarticle 102-13.23 (Pages 118-121) is deleted and the following substituted: Payment will be made under the items specified in the Bid Price Proposal. Article 102-13 (Pages 116-121) is expanded by the addition of the following new subarticles: 102-13.24 When No Separate Item is Shown in the Proposal: When the proposal does not include a separate pay item for Maintenance of Traffic, all work and incidental costs specified as being covered under this Section will be included in the contract unit price for the work being performed and no separate payment will be made. 102-13.25 Partial Payment: When the proposal includes a separate pay item for Maintenance of Traffic - Lump Sum, partial payment will be based on the percentage of contract amount earned for work completed and accepted by the Department. SECTION ME104-40 ROADSIDE MOWING (REV. 07-31-01) ME104-40-1 Description. The work specified in this Section consists of the routine mowing of grass or vegetation in roadside areas with conventional mowing equipment. The use of specialized equipment or hand labor may be required to perform specified work in certain areas or during certain times. Vegetation consists of planted and/or natural grasses, weeds, and other vegetation within the area to be mowed. The Contractor shall furnish a complete proposal of his plan for accomplishing the required work, including a list of the equipment and personnel to be utilized, prior to execution of the Contract. ice ME104-40-2 Types of Mowing Areas. The Engineer shall determine the areas to be cut and type of mowing to be accomplished in each. All hand labor required to perform the specified work around appurtenances shall be incidental to the type of mowing being performed. Appurtenances shall include but not be limited to sign post and bases, delineator post, fences, guardrail, barrier walls, end walls, pipes, drainage structures, poles, guys, mail boxes, landscaped areas, and trees. ME104-40-2.1 Large Machine Mowing: Large machine mowing encompasses the routinely mowed areas of shoulders, front and back slopes that are 3 horizontal to 1 vertical or less, roadside ditch bottoms, large median islands and similar areas conducive to the use of large machine mowing equipment. ME104-40-2.2 Slope Mowing: Slope mowing is generally limited to slopes greater or steeper than 3 horizontal to 1 vertical and are relatively inaccessible to the use of conventional style equipment, e.g., steep slopes, wet roadside ditch bottoms, canal banks, intersections, overpasses, etc. These type areas will require the use of specialized equipment designed for slope mowing. ME104-40-2.3 Intermediate Machine Mowing: Intermediate machine mowing shall consist of mowing areas not accessible by large machine mowing equipment but not conducive to the use of small machine mowing equipment. These areas consist of shoulders, roadside ditch bottoms, raised median islands, various width utility strips, and similar areas. ME104-40-2.4 Small Machine Mowing: Small machine mowing shall consist of mowing areas not accessible by large and intermediate machine mowing equipment. These areas consist of narrow shoulders, landscaped shoulders, narrow roadside ditch bottoms, raised landscaped median islands, narrow width utility strips, and similar areas. ME104-40-3 Frequency of Mowing. The area and limits of mowing have been previously established and are distinguishable in the field. Where landscaping has been established or natural landscaping has been preserved, mowing shall conform to the established mowing contours. The Contractor shall mow up to the limits maintained by the Department and around existing appurtenances located within the roadway right-of-way as directed by the Engineer. The Engineer shall determine the type of mowing, the estimated number of acres to be accomplished within a specified number of calendar days (cycle), when to begin each mowing cycle, and the total number of cycles. The Contractor shall complete each cutting cycle within n/a calendar days of beginning the cycle, weather permitting. The approximate number of cycles for each type of mowing shall be as follows: Large Machine Mowing n/a cycles (--n/a minimum cycles) Slope Mowing n/a cycles ( n/a minimum cycles) Intermediate Machine Mowing 12 cycles ( n/a minimum cycles) Small Machine Mowing n/a cycles ( n/a minimum cycles) Wildflower plots shall be mowed approximately n/a times per year. Wildflower plots or naturally occurring wildflowers shall be avoided when in bloom and when re -seeding. No deduction will be made from the pay quantities for any one wildflower area not mowed, unless it exceeds 1 acre in extent. Quantities shall be agreed upon prior to beginning work in any area in question. ME104-40-4 Equipment. All mowing equipment shall be equipped with a slow moving vehicle sign located on the rear of the tractor, amber flashing light or white strobe light mounted on the tractor and operating, 18 inch X 18 inch fluorescent orange warning flags mounted on each side of the rear of the mower, protective devices on the mower to prevent objects from being thrown into traffic, and safety devices installed by the 11 manufacturer. Safety devices shall be properly installed and maintained at all times the equipment is in use. If the Engineer determines that any equipment is deficient in safety devices, the Contractor shall remove the equipment from service immediately and the equipment shall remain out of service until the deficiency is corrected to the satisfaction of the Engineer. Inspection of the Contractor's equipment by the Engineer shall not relieve the Contractor of responsibility or liability for injury to persons or damage to property caused by the operation of the Contractor's equipment, nor will it relieve the Contractor of the responsibility to meet the established time for the completion of the mowing cycle. Mowing equipment used by the Contractor shall be maintained so as to produce a clean, sharp cut and uniform distribution of the cuttings at all times. The mowing equipment used shall have the capability of cutting a height from 4 inches to 12 inches. The Contractor shall furnish equipment of a type and quantity to perform the work satisfactorily within the time specified herein. ME104-40-5 Method of Operation. The Contractor shall not begin any cutting cycle until authorized by the Engineer in writing. The Contractor shall notify the Engineer when a cycle is started and when work is interrupted for any reason. Prior to beginning work on the first cycle, the Engineer and Contractor shall agree upon a pattern or plan for mowing. Subsequent cycles shall follow the pattern adopted for the first cycle. Mowing of shoulders and medians shall progress concurrently within the limits of the area mowed so that not more than 1 mile will be left partially mowed at the conclusion of the working day. The cutting of grass and vegetation on slopes or around appurtenances using hand tools shall also progress concurrently with the mowing operation. Each cutting cycle is to be completed in its entirety prior to beginning another cycle. When work by State forces, other Contractors, or weather conditions of a temporary nature, prevent the Contractor from cutting any areas, and such conditions are eliminated during the period designated for that mowing cycle, the Engineer may require the Contractor to cut these areas as part of the cycle without penalty for exceeding the time allowed or additional compensation. Grassed areas saturated with standing water to the point standard mowing equipment may not be used without excessive damage to the turf, shall not be mowed. At the Engineer—s discretion, the areas shall be mowed during a subsequent cycle, or cut to the surface of the water using hand labor or other specialized equipment. The Contractor may request additional compensation for alternate methods used to cut wet areas (as specified in Subarticle 104-40-9). Quantities shall be agreed upon prior to beginning work in any area in question. No deduction will be made from the pay quantities for any one area authorized by the Engineer to remain un-mowed during a cycle unless it exceeds 1 acre in extent. Prior to mowing, the Contractor shall be responsible for the pickup, removal and disposal from the right-of-way of any large items such as wood, tires, cans, bags of trash, newspapers, magazines, large boxes, etc., that would be tom, ripped, or scattered by the mower and result in an objectionable appearance. The Contractor shall exercise the necessary care to preclude any source of litter by the Contractor's operation. ME104-40-6 Limitation of Operation. Maintenance of traffic shall be in accordance with Section 102. When mowing within 4 feet of the travel -way (travel lane), the equipment shall be operated in the same direction of the traffic, unless the adjacent lane is closed to traffic. All lane closures shall have the prior approval of the Engineer. Mowers may operate in either direction when mowing 4 feet or more from the travel -way. 12 Any equipment left on the right-of-way overnight shall be parked outside the clear zone, except in median areas where no equipment will be permitted to be parked overnight. All service and supply operations shall be conducted between the travel -way and the right-of-way line and be outside the clear zone. No supply vehicles shall enter the median for any purpose. No service vehicle shall enter the median except when necessary to repair or remove inoperable equipment. All work shall be performed during daylight hours. The foregoing requirements are to be considered as minimum and the Contractor's compliance shall in no way relieve the Contractor of final responsibility for providing adequate traffic control devices for the protection of the public and employees throughout the work areas. ME104-40-7 Quality. Completed areas will be reviewed for quality and acceptance by the Engineer. Areas determined to be unsatisfactory, by the Engineer, shall be re -mowed at no additional cost to the Department. Areas requiring re -mowing shall be completed within the cutting cycle time specified in Subarticle 104-40-3. All grass and vegetation shall be cut to a height of 6 inches +/- % inch. When determined by the Engineer, certain areas, due to location, may be cut to a height of 4 inches +/-1/Z inch. No streaking or scalping shall be allowed in the areas mowed. Mowing areas of different widths shall be connected with smooth flowing transitions. No accumulation or piling of cuttings will be allowed as a result of cleaning of the equipment. The height of all grass and vegetation on slopes or around appurtenances when cut using hand tools shall be cut to the same height and quality as the surrounding mowed area. Negligence by the Contractor that results in damage to turf, curbs, sidewalks, pavement, signs or structures, mail boxes, appurtenances, etc. shall be repaired or replaced by the Contractor to the satisfaction of the Engineer at no additional cost to the Department. Repairs shall be completed prior to submission of the Contractor=s invoice for work accomplished during the cycle. The Contractor is not required to remove grass or other vegetation cuttings from the right-of-way, or required to rake or pick up the cuttings. ME104-40-8 Method of Measurement. The quantities to be paid for under this Section shall be the number of acres completed by the Contractor and accepted by the Engineer. ME104-40-9 Basis of Payment. Additional compensation for hand labor or the use of specialized equipment in cutting wet areas shall be included under Item No. E104-4-2 (M104-4-2) Slope Mowing. Payment shall be full compensation for furnishing all equipment, materials, labor, and incidentals necessary to complete all mowing operations specified. The Contractor shall be compensated at the unit price per acre times the actual acres completed and accepted. Payment will be made under the items specified in the Bid Price Proposal. 13 SECTION ME110-30 ROADSIDE LITTER REMOVAL (REV. 07-31-01) ME110-30.1 Description. The work specified in this Section consists of the pickup, removal, disposal of litter, and otherwise undesirable or objectionable appearing debris within the maintained limits of the highway right-of-way. Litter or debris may consist of varied sizes of bottles, cans, paper, tires, tire pieces, lumber, vehicle parts, metal junk, brush, and other items to be removed under this work. ME110-30.2 Frequency of Removal. The Engineer will determine when to begin each pickup. Areas or portions of areas may be increased or decreased, as determined by the Engineer. The total number and the timing of pickup will depend upon the litter conditions that exist. Areas specified as litter removal areas shall be picked up approximately 12 times. The actual number of litter pickups maybe increased or decreased, as determined by the Engineer, due to the intensity of litter or special events. The Contractor shall be compensated for the appropriate designated acres. The Contractor shall complete each litter removal cycle within n/a calendar days of beginning the cycle, weather permitting, as determined by the Engineer. ME110-30.3 Equipment. Equipment that is utilized to transport litter shall be constructed in a manner to preclude further distribution or loss of litter along the roadway. All open top carriers shall be covered and secured with tarpaulins. The Contractor may submit a written request for approval, to the Engineer, for the use of specialized equipment designed for mechanized removal of litter and debris. The Engineer may require the Contractor to establish, at the Contractor's expense, satisfactory results that the specialized equipment will produce quality litter removal. The Engineer may require additional safety devices or precautions unique to the equipment. Equipment that damages curbs, pavement, or turf shall not be allowed. ME110-30.4 Limitation of Operation. Any equipment left on the right-of-way overnight shall be parked outside the clear zone, except in median areas where no equipment will be permitted to be parked overnight. All service and supply operations shall be conducted between the travel -way and the right-of-way line and be outside the clear zone. No supply vehicles shall enter the median for any purpose. No service vehicle shall enter the median except when necessary to repair or remove inoperable equipment. No work shall be permitted during non -daylight hours. When performing litter pickup operations workmen shall wear orange clothing of high visibility such as a vest, shirt, or jacket. ME110-30.5 Disposal of Litter and Debris. All litter and debris that has been accumulated and picked up shall be placed in trash bags and shall be removed from the right-of-way at the end of each working day and disposed of at locations provided by the Contractor. Disposal of litter and debris shall be made in accordance with applicable local 14 • • and state laws and any cost incurred for disposal shall be the responsibility of the Contractor. Storage or stockpiling of litter or debris on the right-of-way shall not be permitted. With each invoice submittal the Contractor shall provide the landfill receipts where the Contractor disposed all litter or debris. ME110-30.6 Quality. Completed areas will be reviewed for quality and acceptance by the Engineer. Areas determined to be unsatisfactory, by the Engineer, shall be re -cleaned at no additional cost. Areas shall be cleaned in a manner that they are left reasonably free of all litter and debris. The Contractor shall not be penalized for litter and debris that may be deposited between the time the work was completed and the time when the work is approved by the Engineer. However, the Engineer's judgment when evaluating completed work shall be final. ME110-30.7 Method of Measurement. The quantities to be paid for under this Section shall be the number of acres of roadside cleaned and accepted. ME110-30.8 Basis of Payment. Payment shall be full compensation for furnishing all equipment, materials, labor, disposal, and incidentals necessary to complete designated areas of litter and debris removal, less any areas omitted. Payment shall be made under the items specified in the Bid Price Proposal. SECTION ME110-31 ROAD AND BRIDGE SWEEPING (REV. 07-31-01) ME110-31.1 Description. The work specified in this Section consists of routine mechanized road and/or bridge sweeping to clean and remove sand, soil, paper, glass, cans, and other debris. Areas to be swept include but are not limited to; curb and gutters, valley gutters, bridge decks and curbs, inside and outside highway interchange ramps [with paved shoulders greater than 12 inches], outside and median paved shoulders, barrier walls, gore areas, toll plazas (when applicable), bi-directional lanes, and other designated sites. ME110-31.2 Frequency of Sweeping. The total number of cycles for sweeping operations will depend upon the severity of debris on the areas to be swept. Areas specified for mechanized sweeping shall be swept approximately 12 times. The total number of sweeping cycles within the contract period may be increased or decreased as determined by the Engineer to meet field conditions. Each sweeping cycle shall be completed and accepted within n/a calendar days after issuance of the work document. Each sweeping cycle is to be completed in its entirety prior to the beginning of another cycle. In assessing liquidated damages, the calendar days established in this Section shall be used for determining delinquency of progress for each sweeping cycle. No sweeping operations shall be performed between the hours of (to be determined by the Engineer in Charee) . The Contractor shall submit sweeping schedules to the Engineer for approval. 15 ME110-31.3 Safety. Maintenance of traffic shall be in accordance with Section ME 102. The work vehicle (sweeping machine) shall have an operating flashing beacon and the shadow vehicle shall be equipped with an approved advance warning arrow panel, warning sign, and truck mounted attenuator (crash cushion system). All sweeping shall be accomplished with or in the same direction as the traffic. Sweeping against or opposing the traffic will not be permitted. The foregoing requirements are to be considered as minimum and the Contractor's compliance shall in no way relieve the Contractor of final responsibility for providing adequate traffic control devices for the protection of the public and employees throughout the work areas. ME110-31.4 Equipment. The Contractor shall furnish equipment of a type and quantity to perform the work satisfactorily within the time specified. The sweeping equipment shall be capable of meeting the quality requirements of ME110-31.8 in 1 pass and a maximum of 2 passes for areas determined unsatisfactory by the Engineer. The mechanized road sweeper(s) shall have a minimum capacity of 4 cubic yards. All safety devices on the sweeping operation equipment shall be inspected by the Engineer or his representative prior to being placed into service. Any deficient safety devices shall be corrected or replaced immediately and service shall not begin until the deficiency is corrected. Inspection and approval of the Contractor's equipment by the Engineer shall not relieve the Contractor of responsibility or liability for injury to persons or damage to property caused by the Contractor's operations. Equipment that damages pavement, curbs, or turf shall not be allowed. Damages as a result of the Contractor's operations shall be repaired by the Contractor at no cost to the Department. ME110-31.5 Dust Control Equipment. The sweeping operation shall not create excessive airborne dust or other particles, as determined by the Engineer. Equipment supplied with a functioning water spray system normal to the industry for dust control will satisfy this requirement. ME110-31.6 Parked Vehicles. Vehicles that are parked in the sweeping area are to be swept around. The area occupied by a parked vehicle will be considered as work accomplished. ME110-31.7 Removal and Disposal of Debris. The Contractor may encounter debris that is larger than the mechanized sweeper can remove such as; tires, tire parts, hub caps, large stones, boxes, tree limbs, wood, cable, and other such materials. The Contractor shall use other means (hand or mechanized) to successfully remove all debris encountered regardless of the size. The Contractor may encounter piles of soil and vegetation that may require special removal methods during the sweeping operations. The Contractor shall furnish all labor, materials, and equipment required to accomplish removal of these built-up areas. Stockpiling or disposal of debris on the Department's right-of-way shall not be permitted. Debris shall be disposed of by the Contractor in areas provided by him and in accordance with all Federal, State, and local rules and regulations in effect at the time of the disposal. Cost involved with the disposal of debris shall be included in the contract unit price per mile of mechanized (mechanical) sweeping. 16 ME110-31.8 Quality. The Contractor shall pick up and remove from the areas to be swept, any obstacle such as wood, tires, cans, etc. that can not be picked -up by the sweeper to include areas under guardrail on paved shoulders. The Contractor shall remove all items such as newspapers, magazines, large boxes, etc. that would be torn, ripped, or scattered by the sweeper and result in an objectionable appearance. Completed work shall be clean and free of all accumulated debris immediately after sweeping, as determined by the Engineer. Areas determined unsatisfactory by the Engineer shall be re -swept to the satisfaction of the Engineer within the time specified, at no additional cost to the Department. ME110-31.9 Method of Measurement. The quantities to be paid for under this Section shall be the number of miles completed and accepted measured longitudinally to the travel lane to the nearest one hundredth of a mile. The width shall be sufficient to cover the entire width of curb and gutters, valley gutters, bridge decks and curbs, inside and outside highway interchange ramps (with paved shoulders greater than 12 inches in width), outside and median paved shoulders, barrier walls, gore areas, toll plazas (when applicable), and other designated sites. Areas requiring more than one sweeping pass to sufficiently remove the debris shall not be compensated twice. ME110-31.10 Basis of Payment. Payment shall be full compensation for furnishing all equipment, materials, labor, and incidentals necessary to complete all sweeping operations, including hand work, as specified. The Contractor shall be compensated at the unit price per mile times the actual miles completed and accepted. Payment shall be made under the items specified in the Bid Price Proposal. SECTION ME110-32 EDGING AND SWEEPING (REV. 07-31-01) ME110-32.1 Description. The work specified in this Section consists of edging, sweeping, removal and disposal of vegetation from curb and gutter and sidewalk areas. Areas to be edged and swept shall be median island curbs, roadside curbs, the front and/or backside of sidewalks and gutters, bike paths, and other designated areas as designated by the Engineer. ME110-32.2 Frequency of Edging and Sweeping. The Engineer shall determine the total number of edging and sweeping cycles and when to begin each cycle. All areas designated are to be edged and swept approximately 12 times. The Contractor shall complete each cycle within n/a calendar days from the beginning of the cycle, weather permitting, as determined by the Engineer. Quantities shall be agreed upon prior to beginning work in any area in question. 17 0 ME110-32.3 Equipment. The edging and sweeping may be done with hand tools or by mechanized means. The Contractor shall provide positive means to control dust from edging and sweeping operations. Equipment safety devices to prevent flying debris or prevent injuries shall be properly installed and maintained at all times. Deficient equipment shall be removed from service until the deficiency is corrected to the satisfaction of the Engineer. Equipment shall be inspected by the Engineer before it is placed in service. Inspection of the Contractor's equipment by the Engineer shall not relieve the Contractor of responsibility or liability for injury to persons or damage to property caused by the operation of the equipment. Equipment that is utilized to remove or transport debris or litter shall be of a type that precludes distribution or loss of debris or litter along the roadway. Moving equipment shall be operated in the same direction as the flow of traffic. ME110-32.4 Method of Operation. Work shall not begin until authorized, in writing, by the Engineer. Unless the Engineer designates the priority of the work, the Contractor may develop a work pattern from the locations listed in the work document. Edging - The trench resulting from the actions of the cutting blade shall not exceed 1 inch in width from the edge of the surface being edged. Grass or weeds shall not be pushed into the trench. The blade of the edger must produce a clean sharp cut. Vegetation - Vegetation shall consist of grass, weeds, or low growing bushes that extend beyond the normal grassed areas onto the curb, sidewalk, bike paths, or other designated areas. Vegetation extending into or growing over these areas shall be cut and removed. All low growing bushes, grass, or weeds, extending over the sidewalk, bike paths, or other designated areas shall be uniformly cut to the back edge of the sidewalk, bike path, or other designated area. Sweeping - Sidewalks, bike paths, and curbs shall be swept clean. All debris (grass, weeds, soil, litter, etc.) shall be swept from the curb and gutters, sidewalks, and bike paths to produce a clean appearance. In areas where the grass or weeds are growing (rooted) in the gutter or sidewalk (including joint areas), the soil in which the vegetation is growing shall also be removed along with the vegetation and be disposed of properly. Debris Disposal - Debris and/or litter produced by the edging or sweeping operation shall be removed from the job site daily. The stockpiling or storage of debris or litter on the right-of-way overnight will not be permitted. Disposal of all debris from the edging, sweeping, and vegetation trimming shall be in areas provided by the Contractor and in accordance with local, state, and federal laws. The cost of disposal of the debris, litter, and vegetation trimmings shall be included in the contract unit price for edging and sweeping. In areas where access is blocked by parked vehicles or other obstructions, the Contractor shall return at a later time and complete the edging and sweeping operations. All edging, sweeping, and disposal activities shall be conducted during daylight hours only, unless otherwise specified in the contract documents or approved by the Engineer. The Engineer may approve nighttime operations upon request from the Contractor, at no additional compensation for nighttime traffic control. The Engineer may restrict the hours of operations based on peak traffic hours, local conditions, or special events. At the conclusion of each workday, all required edging, sweeping, and disposal of debris shall be completed within the limits worked. The quality and acceptance of work will be determined by the Engineer. Areas that are determined to be unacceptable shall be re -edged and/or re -swept by the Contractor at no additional cost to the Department. 18 Negligence by the Contractor resulting in damage to curbs, sidewalks, pavement, or turf shall be repaired or replaced by the Contractor to the satisfaction of the Engineer at no additional compensation. ME110-32.5 Method of Measurement. The quantities to be paid under this Section shall be measured in miles (or part thereof) for total distance traveled when areas are edged and/or swept, completed and accepted. Areas that are maintained by businesses, groups, individuals, or areas where the grass and/or weeds fail to grow sufficiently to justify performing this work, will be omitted as determined by the Engineer. ME110-32.6 Basis of Payment. The quantity, determined as provided above, shall be paid for at the contract unit price per mile for edging and sweeping. Such prices and payment shall be full compensation for all the work specified in this Section and shall include all equipment, labor, materials, and incidentals necessary to complete the work. Payment shall be made under the items specified in the Bid Price Proposal. 19 0 0 RESOLUTION NO. 04-04 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A MAINTENANCE AGREEMENT (REGARDING MAINTENANCE OF TRAFFIC, ROADSIDE MOWING, ROADSIDE LITTER REMOVAL, ROAD AND BRIDGE SWEEPING, EDGING AND SWEEPING) WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, is very concerned over the appearance of street right-of-ways, sidewalks, medians islands, and interchange areas within the corporate limits of the City of Okeechobee; and WHEREAS, the City Council of the City of Okeechobee, Florida, after discussion with the State of Florida Department of Transportation, believes that it can better perform the maintenance and landscaping of those areas; and WHEREAS, the State of Florida Department of Transportation has agreed to provide funds in the amount of twenty-eight thousand, nine hundred thirteen dollars and twenty-eight cents ($28,913.29) per year for a period of one year; and may be renewed on a yearly basis for a period of up to two years; and WHEREAS, the City Council of the City of Okeechobee, Florida, believes such an agreement to be in the best interest of the citizens of the City of Okeechobee. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: 1. The Mayor is authorized to execute an agreement entitle "Maintenance Agreement" Contract No: BD 989, FM No: 414802-1-72-01. Between the City of Okeechobee, Florida, and the State of Florida Department of Transportation. Agreeing to maintenance of traffic, roadside mowing, roadside litter removal, road and bridge sweeping, edging and sweeping as set out in said agreement, attached herewith, within medians islands, interchange areas and rights -of -way, in exchange for the payment of twenty-eight thousand, nine hundred thirteen dollars and twenty- 'tit cents ($28,913.2$) annually. Payments shall be invoiced by the City to FDOT, and disbursed in quarterly payments of seven thousand, two hundred twenty-eight dollars and thirty-two cents ($7,228.32). This contract shall be for the term of one year and may be renewed on a yearly basis for a period of up to two years after the initial contract or for a period no longer than the term of the original contract, whichever period is longer. Effective Date. This Resolution shall take effect on the T" day of June, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney .Florida Department of Transportation JEB BUSH GOVERNOR May 5, 2004 Mr. Donnie Robertson Director of Public Works City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 801 North Broadway Avenue Bartow, Florida 33830 Re Highway Lighting, Maintenance, and Compensation Agreement City of Okeechobee AM859 Dear Mr. Robertson: JOSE ABREU SECRETARY The Department is now allotting funds to Maintaining Agencies of highway lighting systems on state highways. The Department will compensate each Maintaining Agency $159.14 per light for maintenance of 90% of the total number of lights being maintained on state highways for FY 04/05. It is anticipated that compensation will be made for maintenance of 90% of the total number of lights being maintained in FY 05/06 at $163.91 per light and 90% in FY 06/07 at $163.91 per light plus $900 in total cost. As stated in the attached Exhibit "A", FY 04/05 Work Order, the inventory of lights maintained by you is ninety-seven (97). This is the number used to program funding of $13,892.92 for your agency for FY 04/05 in the Department's Five -Year Work Program for this activity. Attached are four (4) copies of the FY 04/05 Work Order (Exhibit "A") for contract number AM859 between the Department and your agency for FDOT's FY 04/05 for your review and execution. Please return the four (4) original executed copies to the Department by May 25, 2004 for final execution. After the Agreement has been fully executed and dated, a copy will be provided for your files. A fully executed Agreement is required before the allotted funds can be released. Executed documents should be mailed to my attention at: Florida Department of Transportation, Utilities Department, Mail Station 1-11, P.O. Box 1249, Bartow, FL 33831-1249. Should you have any questions regarding this Agreement or require assistance in this matter, please contact our GEC Project Manager, T.J. Martin, by phone at 863/519-2836 or email at thomas.martin@ dot. state. fl.us. Thank you very much for your cooperation. Sincerely, Walter L. Childs, District Utility Administrator Enclosures S.\PBSJ-GEC\chere\Highway Lighting Agreementslmain utilities ty0405Jtr.D0C District One - Utilities Department - MS 1.11 801 North Broadway Avenue - Post Office Box 1249 - Bartow, FL 33831-1249 863/941-2533 - 863/534-7039 (fax) www.dot.state.fl.us ® RECYCLED PAPER EXHIBIT "A" FY 04/05 FDOT WORK ORDER STATE HIGHWAY LIGHTING MAINTENANCE, AND COMPENSATION AGREEMENT Contract Number AM859 Maintaining Agency: Citv of Okeechobee Effective Date: Julv 1, 2004 to June 30, 2005 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in the original agreement executed on 7/30/02. 2.0 COMPENSATION The Department will compensate each Maintaining Agency for maintenance of lights being maintained on state highways for FY 04/05 is 90% of the total number of lights at $159.14 per light The current inventory of lights to be maintained by your agency for FY 03/04 is ninety-seven (97) at a cost of $159.14 per light which brings the amount of compensation to $13,892.92 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department yearly for services rendered in a format acceptable to the Department. For Satisfactory completion of all services as detailed in the original agreement for this FY 04/05, the Department will pay the Maintaining Agency a Total Lump Sum of $13,892.92. By: By: Walter L. Childs, Jr. FDOT District Utility Administrator Date: Date: City of Okeechobee, UAO Florida Department of Transportation JEB BUSH GOVERNOR The Honorable Jim Kirk Mayor, City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974 May 24, 2004 Re: Traffic Signal Maintenance and Compensation Agreement Dear Mayor Kirk: JOSS ABREU SECRETARY I have attached two copies of Exhibit A for Fiscal Year 2004/2005 which lists all traffic signals on the State Highway System. Please complete these forms and return the originals to this office no later than June 30, 2004. I have also enclosed two copies of the revised Traffic Signal Maintenance and Compensation Agreement. The date in the upper right hand corner indicates the latest revision. Please check this with the existing agreement that you have. You may wish to execute this revised agreement if the current agreement is not the latest version. However, this is not mandatory. The existing agreement is still valid and will remain so until further notice. If you elect to execute a new agreement, it will need to be returned to this office no later than June 30, 2004. Finally, as a reminder, the invoice for the 2003/2004 Exhibit A needs to be submitted at this time, so payment can be made by June 30, 2004. If you have any questions regarding this matter, please feel free to contact Gerry Peck at (863) 519-2519, or me. Sincerely, Donald Cashdol ar, Jr., P.E. Assistant District Traffic Operati ns Engineer DC:GCP:kld Attachments cc: Lane Gamiotea, City Clerk, City of Okeechobee, w/attachments S JTraffic/Typing/AN(rrafficS ignalMaintenance&CompensationAgreement2004OkeechobeeKirkkldgcp.dc.doc District One, Traffic Operations 801 North Broadway Avenue • Post Office Box 1349 • Bartow. FL 33831-1249 (863) 519-3490 • (863) 534-0915 (Fax) • MS 1-8 ® RECYCLED PAPER W W W.dot. Stalz.tl,Us —____ • 750-010-22 TRAFFIC OPERATIONS 3-Apr Page 4 of 5 EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS MAINTAINED AND OPERATED FOR FY 03-04 Effective Date From. 7/1/2004 To 06/30/05 Page 1 of 1 (Maintaining Agency- City of Okeechobee Traffic Operations Percent of State (Ex. I Compensation FDOT FY Unit 25,33,50, Total Amount Intersection Locations (Yes or No) Rate $ 2196 75, or 100) (Unit Rate x Percent) IUS 98/441 1 SR15/ US441/Wal-Mart Super Yes $2,196.00 50 00% $1,098.00 US 98/441 SR.70/ 91070/ Park St. Yes $2,196.00 100.00% $2,196.00 Park Park Park I Park 5th Ave NW / Osceola 3rd Ave E FIRE 8th Ave SE 10th Ave E Yes No Yes Yes $2,196.0 $2,196. C $2,196.0 $2,196 C 50.00% 0.00% 50 00% 50.00% $1, 098.00 $0.00 $1, 098.00 $1, 098.00 Total Lump Sum $6,588 00 1 certify that the above traffic signals were maintained and operated in accordance with the requirements of the Traffic Signal Maintenace and Compensation Agreement. For Satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum of $6,588.00 Maintaining Agency Date District Traffic Operations Engineer Date u 750-010-22 • TRAFFIC OPERATIONS 3-Apr Page 4 of 5 EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS MAINTAINED AND OPERATED FOR FY 03-04 Effective Date From: 7/1/2004 To: 06/30/05 Page 1 of 1 Maintaining Agency. City of Okeechobee Traffic Operations Percent of State (Ex. Compensation FDOT FY Unit 25,33,50, Total Amount Intersection Locations (Yes or No) Rate $ 2196 75, or 100) (Unit Rate x Percent) US 98/441 SR15/ US441/Wal-Mart Super Yes $2,196.00 50.00% $1,098.00 US 98/441 SR.70/ 91070/ Park St. Yes $2,196.00 100.00% $2,196.00 (Park 5th Ave NW / Osceola Yes $2,196.00 50.00% $1,098.00 Park 3rd Ave. E FIRE No $2,196.00 0.00% $0.00 Park 8th Ave SE Yes $2,196.00 50.00% $1,098.00 (Park I I i I 10th Ave E - Yes $2,196.00 50.00% $1,098.00 I I I I Total Lump Sum $6,588.00 1 certify that the above traffic signals were maintained and operated in accordance with the requirements of the Traffic Signal Maintenace and Compensation Agreement. For Satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum of $6,588.00 Maintaining Agency Date District Traffic Operations Engineer Date 750-010-22 • . TRAFFIC OPERATIONS 04103 Page 1 of 6 CONTRACT NO FINANCIAL PROJECT NO. F.E.I.D NO `9�w (j�(�, �s�?�♦'7 / STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT THIS AGREEMENT, made and entered into this day of by nd between the Florida Department of Transportation, an agency of the State of Florida, herein called the "Department", and s Florida, herein called the "Maintaining Agency". WITNESSETH: WHEREA S, the Maintaining Agency has the authority to enter into this Agreement and to undertake the maintenance and operation of traffic sig nals or signal systems on the State Highway System, and the Department is authorized under Sections 334.044 and 335.055, Florida Statutes, to enter into this Agreement; and WHEREAS, the Maintaining Agency has authorized its undersigned representative to enter into and execute this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties mutually agree and covenant as follows: 1. The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, traffic signal systems (central computer, camera's, message signs, modems, and communications interconnect), flashing school zone traffic control devices, intersection flashing beacons, illuminated street name signs, and the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems upon completion of their installation. The Department agrees to pay to the Maintaining Agency, an annual compensation based on Department's fiscal year for the cost of the maintenance and continuous operation of full traffic signal locations as identified in Exhibit A. Flashing beacons, emergency signals, and flashing school zone signals are not included. Payments will be made in accordance with Exhibit B. Should the Maintaining Agency withdraw from the compensation portion of this Agreement, the Maintaining Agency will still be responsible for the maintenance and continuous operation of the above items. In the case of construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the traffic signals and signal systems, and shall undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance of the installation by the Department. Pri or to any acceptance by the Department, the Maintaining Agency shall have the opportunity to inspect and request modifications/corrections to the installation(s) and Department agrees to undertake those prior to acceptance so long as the modifications/corrections comply with the contract and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 2. The Maintaining Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended. The Maintaining Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service and routine repairs), and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or damage). The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log. 3• The Maintaining Agency may remove any component of the installed equipment for repair; however, it shall not make any permanent modifications and/or equipment replacements unless the equipment provided is capable of performing at minimum the same functions. T he Department shall not make any modifications and/or equipment replacements vrithout prior written notice to and consultation with the Maintaining Agency. 4. The Maintaining Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, or special provisions. Th a Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals. Signa I Systems timings (cycle length, split, offsets) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. Th a Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. Th a Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing and/or phasing, implementation of such modifications shall be coordinated with, or made by, the Maintaining Agency. 5. The Maintaining Agency shall note in the maintenance log any time/phasing changes and keep a copy of the timings and any approval documentation in a file. ." • asra3 6. The Maintaining Agency and the Department will develop annually the Exhibit A wh by this reference is made a part Page 2 ct 6 of this Agreement as though fully set forth herein. Exhibit A shall contain all existing traffic signals on the State Highway System, applicable to the jurisdiction of the Maintaining Entity, those that are maintained by the Maintaining Agency and those that are maintained but not included for compensation. No changes or modifications will be made to Exhibit A during the year for compensation. New signals added by the Department during the fiscal year shall be maintained and operated by the Maintaining Agency upon final acceptance as stated in paragraph 1. The Maintaining Agency and the Department, preceding each fiscal year, shall develop and execute a new Exhibit A, which shall include all new Department signals added during the previous fiscal year and delete those removed. T he Maintaining Agency shall begin receiving compensation for new Department's signals in the next fiscal year. In the event that no change has been made to the previous year's Exhibit A, a statement to this effect should be included. The annual compensation will be a lump sum payment detailed in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as detailed in Exhibit B, attached and made a part hereof. a) Payment shall be made only after receipt and approval of service. b) Payment shall be made in accordance with Section 215.422, Florida Statutes. c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. d) Record of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Department upon request. Record of costs incurred include the Maintaining Agency=s general accounting records, together with supporting documents and records of the Maintaining Agency and all subcontractors performing work, and all other records of the Maintaining Agency and subcontractors considered necessary by the Department for proper audit of costs. 7. Maintaining Agency providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Banking and Finance. The twenty (20) days are measured frorrrthe latter of the date the invoice is received or the goods or services are received, inspected and approved. 8. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in additional to the invoice amount, to the Maintaining Agency. Interest penalties of less than one (1) dollar shall not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 9. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller—s Hotline, 1-800-848-3792. 10 An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 11. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 12. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 13. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: (a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than one year. 7� -_ . • TRAFFIC OPERATIONS 04/03 Page 3 of 6 1 4. The Maintaining Agency may be subject to inspections of traffic signals and traffic signal systems by the Department. Such findings will be shared with the Maintaining Agency and shall be the basis of all decisions regarding payment reduction, reworking, Agreement termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department shall have the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient traffic signal(s) maintenance not corrected at the end of such time, or (b) take whatever action is deemed appropriate by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 15. The Maintaining Agency may enter into agreements with other parties pertaining to traffic signals and signal systems including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 16. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the Department. 17. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. 18. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement shall not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 19. This Agreement shall remain in force during the life of the original installed equipment andlor the life of any replacement equipment installed with the mutual consent of the parties hereto. 2 0. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties. 21. This Agreement contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. By: (Maintaining Agency) (Authorized Signature) PrintlType Name* Title: Attest: REVIEWED: ,, Florida (Sea] if Applicable) Attorney Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Print/Type Name: Title: Attest: (Authorized Signature) ! z,.-_ 22 TRAFFIC OPER:T.�NS 03 • Paze = ct o Total Lump Sum �$ I certify that the above traffic signals will be maintained and operated in accordance with the requirements of the Traffic Signal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum of $ Maintaining Agency Date District Traffic Operations Engineer Date EXHIBIT 6 - Additional Items June 1, 2004 Agenda Mayor and Council: Attached are two resolutions which need to be considered for adoption regarding the DOT agreements. Should Council wish to proceed, please note the following motions would be in order: 1 - Motion to adopt proposed Resolution No. 04-04 authorizing the execution of a DOT Maintenance Agreement. Attorney Cook should read title into the record. 2 - Motion to adopt proposed Resolution No. 04-05 authorizing the execution of a DOT Traffic Signal Maintenance Agreement. Attorney Cook should read title into the record. Thank you, Lane Gamiotea City Clerk RESOLUTION NO. 04-05 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation (FDOT) has requested that the City of Okeechobee, Florida, consider an agreement with the FDOT to transfer the responsibility of maintenance of traffic signal devices within the City of Okeechobee, from FDOT to the City of Okeechobee; and WHEREAS, in return for such responsibility FDOT has agreed to pay compensation to the City of Okeechobee for such maintenance; and WHEREAS, the City of Okeehcobee finds that the compensation for maintenance in relation to the responsibility is reasonable and within the capabilities of existing City Public Works Department; and WHEREAS, the City Council of the City of Okeechobee, Florida, believes such an agreement to be in the best interest of the citizens of the City of Okeechobee. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: 1. The Mayor is authorized to execute an agreement entitle "Traffic Signal Maintenance and Compensation Agreement" Financial Project No: 413643-1, F.E.I.D. No: 596000393001. Between the City of Okeechobee, Florida, and the State of Florida Department of Transportation upon terms and conditions set out in said agreement. 2. That, upon acceptance by FDOT, City of Okeechobee Public Works Department, shall thereafter maintain the traffic signal devices in the City of Okeechobee at the locations set out in the agreement, Exhibit A; and upon the terms and compensation set forth in the agreement, Exhibit B, submitted by FDOT. 3. That as the agreement is contingent upon annual funding to the Department by the legislature, the authorization by this resolution for entry into this agreement and continued maintenance shall terminate upon notice from the Department that funding is not available for maintenance during any calendar year without further action by the City Council. Effective Date. This Resolution shall take effect on the 1st day of June, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney • • EXHIBIT 7 ^- .TUNE 1, 2004 AGENDA OPTION TO PURCHASE THIS AGREEMENT entered into this day of , 2004 between CITY OF OKEECHOBEE,(hereinafter "Owner") and FEDERAL CAST STONE, INC. (hereinafter "Purchaser"). WITNESSETH: That in consideration of the covenants herein contained on the part of the Purchaser to be kept and performed; the receipt by Owner of a good faith deposit towards purchase of $10,000.00; the sufficiency of such consideration acknowledged by the parties; the Owner does hereby offer to the Purchaser the option to purchase certain industrial property located in Okeechobee County, Florida, and more particularly identified as: Real property described as: Lots 6, 13 & 14, OKEECHOBEE COMMERCE CENTER, according to the plat thereof recorded at Plat Book , Page , Public Records, Okeechobee County, Florida. The portion subject to this agreement is three parcels, of 4.2, 3.5 & 3.5 acre parcels respectively, a total of 11.2 acres more or less; TERMS AND CONDITIONS TERM: In the event the purchaser/parties of the second part wish to exercise the option to purchase, as hereafter provided, the agreed price per acre is $10,000.00. The term of the option shall be a time period of four (4) years, commencing on the date of final execution ofthis agreement, and terminating in the 48"' month at midnight on the anniversary date of final execution of the agreement, subject to six months notice of intent to exercise as hereafter set forth. In return for the agreements herein, the Owner shall not sell, assign or otherwise transfer the subject lots to any entity other than purchaser for up to the four year term of the option, so long as purchaser is not otherwise in default in this agreement. Owner does reserve the right however at any time during the option period, to create certain access, drainage or utility easements along or across the boundaries of the lots as it deems necessary, so long as such easements do not significantly interfere with purchasers proposed use of the lots. CONDITION OF PREMISES AND REPAIR. Purchaser hereby accepts the premises in the condition that they are in at the beginning of this agreement, with the understanding that the property is subject to state and federal grant funding, the terms of which are known to, and binding upon, the parties, and incorporated herein by reference; that subject to a timetable set by Owner and in its sole discretion, the subject parcels will be contained in the Okeechobee Commerce Center as industrial lots for development, and will be ultimately improved with road access, and water and wastewater connections installed in the right of way immediately adjacent to the subject lots. Purchaser acknowledges the lots are suitable for its purposes and intended use, and that their use and development is subject to certain deed restrictions recorded in the public records of Okeechobee county, as well as additional access easements that will not interfere with a proposed industrial use of the property. ATTORNEY'S FEES. If it becomes necessary for either party to obtain the services of an attorney to enforce the provisions herein or relating to the premises, the prevailing party shall be entitled to collect reasonable attorneys fees and all costs incurred, including all appeals, from the other party. It is specifically stated and understood that under no circumstance does the owner intend to waive its statutory privilege of sovereign immunity in any claim, dispute or litigation with the purchaser or successor in interest thereto. NOTICES. Any notice which either party may or is required to give, may be given by mailing the same by certified mail, postage pre -paid, to Purchaser at the premises or to Owner at the address where the monthly payments of rent are made. SEVERABILITY. If any part of this Option Agreement shall be construed to be unenforceable, the remaining parts shall remain in full force and effect as though any unenforceable part were not written into this Option Agreement. OPTION AND TERMS. The Purchaser, may at any time within the term of this agreement of four years, but shall on or before no later than six months prior to its termination date, provide notice to owner of its exercise of the option to purchase this property and all improvements thereon for the price set forth above, with balance due paid in US funds at closing. So long as purchaser is not in default in this agreement, the deposit towards purchase set forth above shall be applied against the total purchase price. Any such closing shall occur on or prior to the final day of the four year option. The notice shall be in writing and delivered to Owner by US Mail or hand delivery. All closing costs in the transfer of the real property at the time of closing shall be divided as follows: (check as appropriate) TO THE OWNER (SELLER): doc. Stamps on warranty deed of transfer cost of recording deed title insurance intangible tax on mortgage note doc. Stamps on mortgage _ costs of recording mortgage — attorneys fees TO THE PURCHASER (BUYER) : doc. Stamps on warranty deed of transfer cost of recording deed _ title insurance intangible tax on mortgage note doc. Stamps on mortgage _ cost of recording mortgage _ attorneys fees In the event Purchaser does not exercise this option as provided herein, or the Purchaser fails to comply with this agreement, then Owner shall retain all payments made hereunder , including all improvements or their value, with no credit to or for Purchaser's benefit, and any and all rights accruing to purchaser under this agreement shall terminate without further recourse. ASSIGNABILITY. This agreement is not assignable or subject to sale for consideration by purchaser without written consent of owner. In the event purchaser should elect at any time within the term of this option to seek release from this agreement or otherwise exhibit its intent to not exercise the option, the owner will not oppose that election, with the understanding that the terms and conditions of this agreement shall thereupon terminate without claim or demand from the other, and the owner shall be free to sell, lease or otherwise deal with the subject lots in any manner it should so choose. EXISTING FINANCING. none TERMINOLOGY. Whenever used herein, the terms "Owner" and "Purchaser" shall be construed in the singular or plural as the context may require or admit. APPLICABLE LAW. This Option Agreement is to be construed according to the laws of the State of Florida, venue being stipulated to be Okeechobee County, Florida. CAPTIONS. Captions and headings in this Option Agreement are for convenience only and shall not be relied upon in construing the meaning of this Option Agreement or any of its provisions. • RADON GAS. Radon is a naturally occurring radioactive gas that, when is has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. TYPEWRITTEN OR HANDWRITTEN PROVISIONS,. Typewritten or handwritten provisions, either as additional terms and conditions or alterations to existing terms and conditions, shall control all printed provisions in conflict with them. ENTIRE AGREEMENT. The foregoing constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. RECORDING DOCUMENT. This agreement may be recorded in the public records, Okeechobee, Florida, by purchaser. TIME OF ESSENCE. The parties agree that for all times set forth in this agreement, strict compliance with time is required and time is of the essence in performance of this agreement. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. Witnesses as to Owner: CITY OF OKEECHOBEE, FLORIDA James E. Kirk, Mayor Witnesses as to Purchaser: FEDERAL CAST STONE, INC. ATTEST: Lane Gamiotea, City Clerk APPROVED AS TO FORM: John R. Cook, City Attorney STATE OF FLORIDA COUNTY OF OKEECHOBEE Before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , to me personally known or identified to me by the following form of identification: , known to me to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. Witness my hand and official seal in the County and State last aforesaid this day of , 2004. NOTARY PUBLIC 0 r_, -zz TRAFFIC OPERATIONS 04103 Page 6 of 6 1.0 PURPOSE fm EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and Method by which payments will be made. COMPENSATION For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum in Exhibit A. The Maintaining Agency will receive one lump sum payment at the end of each fiscal year for satisfactory completion of service. Total Lump Sum Amount for each Fiscal Year is calculated by adding all of the individual intersection amounts. The individual intersection amounts are calculated by taking the FY Unit Rate times the Percent of State Road Approaches to Total Approaches. Example: For a intersection with 4 approaches with 2 approaches (50%)being state roads, the intersection amount will be: $518 x (214)= $259 Unit Rates per 100% State Intersections FY 02-03 $ 518 03-04 $1, 599 04-05 $2,196 05-06 $2,262 06-07 $2,330 Beginning FY 07-08, the Unit Rate for each fiscal year will be 3% more than the Unit Rate for the previous fiscal year, unless otherwise specified in an amendment to this Agreement. 3.0 PAYMENT PROCESSING The Maintaining Agency shall invoice the Department yearly in a format acceptable to the Department. • rEXHIBIT 8 .JUNE 1, 2004 AGENDA MEMORANDUM TO: Mayor Kirk, Council Members, Attorney Cook, Administrator Veach and OUA Executive Director Fortner FROM: Lane Gamiotea, City Clerk SUBJECT: Dedication of Easements/Old Southeast Wastewater Treatment Plant DATE: May 14, 2004 Upon further research regarding the exact easements for the old Southeast Wastewater Plant, it appears that only a 30 feet by 940 feet access roadway, was the only easement that was included in the Master Transfer Agreement. There are actually two deeds with two separate legal descriptions for the old Southeast Wastewater Plant. One deed is for an unplatted, two acre parcel, this is where the old plant was located and where OUA has there Master Lift Station. The other is for a 30-foot wide access road to the plant property, which is now Southeast 61h Avenue, beginning at 4ch Street and ending at the North property line of the two acres. Exhibit 6 of the Master Transfer Agreement is a Dedication of Easement and Agreement for two parcels of land, those are listed as Exhibit A and B. It appears to be the intent of Exhibit A to include the legal description of the old Southeast Wastewater Plant and the access road. However, upon an extensive and complete review of the complex meets and bounds description, with Attorney Cook, only the legal description listed in Exhibit A is for the access road. Exhibit B is for easements needed for Southwest 100' Avenue. I would also note that in Exhibit 66 of the Master Transfer Agreement, which is the title insurance, the insurance company noted on the legal description that even though it is implied to be the legal for the old plant, it is only an access road to the plant. Attorney Cook has contacted OUA Attorney Conely and advised him of the situation and that an appropriate document will need to be created and presented for the two entities to work out in order to grant the OUA the appropriate and legal access needed to their master lift station. Attachments: MTA Exhibit 6 - Exhibit A Special Warranty Deed for access road Warranty Deed for two acres Survey by Knepper and Williard Hand drawn Survey from 1960 MTA Exhibit 66 Commitment for Title Insurance Ww W W =me W . a� F.XdIBIT A �xhl��`� I _ OLD WASTEWATER TREATMENT MT-AlD PLANT File No. P9517BB OR Br-1,K 370 PACE1497 From the Southwest Corner of Government ?got 6 Section 22, Township 37 South, Range 35 East, run thence North along West boundary line of Government Lot 6, a distance of 354.3 feet for point of beginning; thence North along West boundary of said Government Lot 6, a distance of 940.0 feet more or less, to a point on the South Right of Way Line of Fifth Avenue; thence East along extended South Right of Way Line of Fifth Avenue, a distance of 30 feet; thence South parallel to West boundary line of said Government Lot 6, a distance of 940 feet; thence West 30 feet to the point of beginning. All in Government Lot 6, Section 22, Township 37 South, Range 35 East. C�CII %0` (p4;k AVz (JQr'tiGrl 3Q° qqC), END Or EXHIBIT A Deed OFFICLAI RECORD �Qlf 41 RAGf 441 I� SPECIAL WAhhANTY DEED ,i THIS INDENTUhE made this 13 day of f%%oy A. D. i j 1946 between OKEECHOBEE TRAILER & F'ISHING RESORT., INC., a corporation organized and existing under the laws of the State of Florida, having its principal place of business inthe City of "Okeechobee, County of Okeechobee, State of Florida, as party of J�the first part, and the CITY OF' OKEECHOBEE, FLORIDA, a municipal !i !corporation, as party of the second part. } WITNESSETH: That tree party of the first part, for and in !consideration of the sum of ONE; DOLLAR and other valuable consid- erations paid, receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed and does hereby grant, bar- e again, sell &no convey to the party of the second part, its successors and assigns forever, the following described land, (situate, lying and being in the County of Okeechobee State of +F'lorida, to -wit: From the Southwest Corner of Government Lot 6 Section 2,2, Township 37 South, Range 35 East, run thence North along West boundary Line of Government Lot 6, a distance of 354.3 feet for point of beginning; thence North along West boundary of said Government Lot 6, a distance of 940.;) feet more or less, to a point on the South bight of Way Line of Fifth Avenue; thence East along extended South Right of Way Line of Fifth Avenue, a distance of 30 feet; thence South parallel to West boundary Line of said Government Lot 6, a distance of 940 feet; thence West 30 feet to point of beginning. All in Government Lot 6, Section 22, Township 37 South, hange 35 East. TO HIVE 1aNU TO 1101,li Ti IE SAME, to,,ether with all and singular the appurtenances thereto belonging or in anywise inciaent or 3p-Fertaining, forever; and the party of the first part will defend the title thereto against all persons claiining by, through, or Under the sE id party of t lie first part . a1K %(Vida! 1"'V 91 aw 6961 000038 80J 0:1_1IJ � 89r�o OFFICIAL RECORD BOOK 41 MEW IN WITNESS WHEREOF, the party of the first part has caused these presents to be duly executed in its name by its President, and its corporate seal to be hereto affixed, attested by its Secretary, the date first above written. Signed, sealed and delivered in the presence of: O�eoc%o6ea. rZ;feY&1fls4jtis RerZIC, BY Its - Pre! >t •.zc 6� • 1� �r y � 4 Jul ♦• `�`_ 00 ATTEST (Corporate Seal) STATE OF FlA j oIa COUNTY OF' 44444ieG Before me, the undersigned authority, this day personally apx eared _% f�� /�� ,� G� and to me well known and known tometo be the individuals described in and who executed the fore. going instrument as :President and Secretary, respectively, of the Corporation named in the foregoing instrument, and they severally acknowledged to and before me that they executed said instrument on behalf of and in the name of said corporation as such officers; that the seal affixed to said instru ment is the corporate seal of said corporation and that it was affixed thereto by due and regular corporate authority; that they are duly authorized by said corporation to execute said instrument and that said instrument is the free act and deed of said corpora- tion. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal this day ofir�/, A.D. 1. .c • p ' v : J ' " ` ''"Noto � � •� +'��,: � rY Public, State of Florida at 'large f'•• y commission expires Aug. 19, 1960. ' ; '•••(� i Bonded by American Surety Co. of N. Y t�,uj j S 5 tYUSSUI�; TT t1�v� !ary-;7 ay -; leg em -er -�_, a. rJ. z✓;F I)etween Okeechobee Trailer and Fishing Resort,Inc., a Florida Corporation of the County of Okeechobee and State of Florida partY of the first part, and The City of Okeechobee Florida, a municipal whose mailing address is Okeechobee, Florida , Corporation of the County of Okeechobee and State of Florida part i'r of the second part, 10itnesseth, that the said party' o f the first part, for and in consideration of the sum of Twenty No Hundred( $2, 200.00 ) Dollars, and other good and valuable considerations to it in hand paid, the receipt whereof is hereby acknowl- edged, has granted, bargained, sold and conveyed, and by these presents do grant, bar- gain, sell, convey and confirm unto the said party of the second part and its heirs and assigns forever, all that certain parcel of land lying and being in the County of Okeechobee, and State of Florida more particularly described as follows: 'nnir_2 at the iou.corner of Gain :'ram6 in section Eg.35 . 22 Tun. 3731,Rfun� thence north along• west boundary of aaid a� Govt. lot 6, 354.3 ft. Thence east at right angle to u�t edLre of Tairlor Creek. Thence run southerly along• said west i I . u ed,,e of TaT-lor Creek to intersection with 45he uth boundary 4" I line of Govt. lot 6. Thence: west alon7 south boundary line of said Govt./6 to P.O.B. Subject however to Govt. right of I A. way of Taylor Creek. Beim a part of Govt. lot 6 Section 22, Two. 379,Rg. 35E. It is mutually agreed that the above stated property is to be used by the City of Okeechobee for a Sewage Disposal Plant and other City activities. In the event the City should decide to sell part of this property it is agreed that the Okeechobee Trailer and Fishing; Resort,Inc. shall have first option to purchase said part at a pro —rated amount based on the above price of $2,200.00 for the entire property, ,rogQthCV with all the tenements, hereditaments and appurtenances, with every privilege, right, title, interest and estate, dower and right of dower, reversion, remainder and easement thereto belonging or in anywise appertaining: To Have and to NOW the same in fee simple forever. And they said party' of the first part do es covenant with the said part y of the second part that it lawfully seized of the said premises, that they are free from all encumbrances and that it has good right and law- ful authorit) to sell the same; and the said part 3r of the first part do e3 hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. In UUMS 'W"hUf0f, the said part y of the first part ha S hereunto set its hand and seal the day and year above written. 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I.� C �aa s:d MBA _ x hb� Cv i Commitment No. Company File No. P9517BB Agent File No. #1 OLD WASTE TR LEGAL DESCRIPTION From the Southwest Corner of Government Lot 6 Section 22, Township 37 South, Range 35 East, run thence North along West boundary line of Government Lct 5, a distance of 354.3 feet for point of beginning; thence North along West boundary of said Government Lot 6, a distance of 940.0 feet more or less, to a point on the South Right of Way Line of Fifth Avenue; thence East along extended South Right of Way Line of Fifth Avenue, a distance of 30 feet; thence South parallel to West boundary line of said Government Lot 6, a distance of 940 feet; thence West 30 feet to the point of beginning. All in Government Lot 6, Section 22, Township 37 South, Range 35 East. Note: This legal appears to be a road right of way and not the old wastwater treatment plant. END OF LEGAL DESCRIPTION 2 OKEECHOBEE UTILITY AUTHORITY P.O. Box 835 Okeechobee, Florida 34973-0835 (863) 763-9460 May 27, 2004 FAX: (863) 763-9036 Bill Veach, Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974-2932 Re: Lift Station at SE 6th Avenue Dear Mr. Veach: The Okeechobee Utility Authority (OUA) must construct a new wastewater pump station at the intersection of SE 6th Avenue and SE 7th Street. According to the research by City Clerk Lane Gamiotea it appears the intent of the Master Transfer Agreement was to transfer the 2-acre parcel to the OUA. The OUA does not need the 2-acres for a pump station. Attached is a drawing of the area which includes the location of the existing lift station and line. The OUA is requesting an easement which is 100-feet wide and approximately 350-feet long. The proposed easement is outlined with a yellow marker. The north and west portions of this area are currently used for drainage ditches and a paved street. Attached also is a proposed Grant of Easement for this 100-foot wide easement. Please place this request on the agenda for the June 1, 2004 City Council meeting for their review and approval. Thank you for your assistance in this matter. Sincerely, G �andon C. Fortner, Jr. Executive Director, OUA Enclosures (2) EL . uy0u � EewsLa.ao LOT /1 EVSnNG RESIDENCE u • v I u ' I o CONSTRUCT SD 4 F OE t a•.2J' CYP I N. INV 1j.91 S, INv 15.62 EXISTING M H. / 2 -� ___----- E-S11NG 16'IDIPJ II n 5E. 7th. STREET ;I U - -cX r- 1 - BENCH MARK w� m[ a 1 EMT W E El moo 1 I E I I I I I I I1 1 t 1a01LF OF EXIST9IG W PVC SM. I J' EXISTING 12' F.M. (D I P I - CL. St) I E EMl WEEI*O N:ww ��• 1. \y.� a i R I nr EE 1 1 I I SKLi DMYE 1 8 1" EXISTING VALVE VAULT EXISTING FENCE � i I i t EXISTING TRIPL X LIFT STATION I � I Jd Nh i r I co � I 4 pti� 1 k r Le/cfF 0 Ij i� I / i I I I / � I I / i 1 / I I 1 / I ' / 4 ' i I J" I f I I I 1 I 1 1 I I 1 I I -'5O This Instrument Prepared By: TOM W. CONELY, ID CONELY & CONELY, P.A. P.O. Drawer 1367 Okeechobee, Florida 34973-1367 Parcel ID No.: 1-22-37-35-OA00-00028-0000 GRANT OF EASEMENT THIS EASEMENT is made and entered into this day of _ 2003, between CITY OF OKEECHOBEE, FLORIDA, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as "Grantor") and the OKEECHOBEE UTILITY AUTHORITY, Post Office Box 835, Okeechobee, FL 34973-0835 (hereinafter referred to as "Grantee"). WITNESSETH: That Grantor, for and in consideration of the sum of One Dollar ($1.00) and other good, valuable and sufficient considerations, the receipt of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a non-exclusive perpetual easement for ingress, egress and public utilities which shall permit the Grantee to enter upon the property herein described at any time to install, construct, operate, upgrade, replace, maintain, and service water and sewer lines and mains, sewage treatment plants, and appurtenant facilities in, on, over, under and across the easement premises and to make future connections to such facilities. The easement hereby granted covers a parcel of land lying, situate, and being in Okeechobee County, Florida, and being more particularly described as follows: A parcel in Government Lot 6, Section 22, Township 37 South, Range 35 East, more particularly described as: Beginning at the Southwest comer of said Government Lot 6 and bear North along the West line of said Government Lot 6 a distance of 354.3 feet; thence bear East at right angles a distance of 100 feet; thence bear South, parallel to the West line of said Government Lot 6, a distance of 354.3 feet to the South line of said Government Lot 6; thence bear West along the South lint of said Government Lot 6 a distance of 100 feet to the Point of Beginning. By the acceptance and recording of this instrument Grantee, for itself and its successors and assigns, covenants that it will restore said property to its prior condition, including the repair of any fences or other improvements on said property damaged by the Grantee in the exercise of its rights granted herein. IN WITNESS WHEREOF Grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: Witness's Signature Witness's Printed Name Witness's Signature Witness's Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE CITY OF OKEECHOBEE, FLORIDA By: Attest: James E. Kirk, Mayor Lane Gamiotea, City Clerk The foregoing instrument was acknowledged before me this _ day of May, 2004 by JAMES E. KIRK and LANE GAMIOTEA, the Mayor and City Clerk respectively of the City of Okeechobee, Florida, who are personally known to me. Notary Public CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council SUBJECT: Status Report DATE: May 26, 2004 FROM: Hill L. Veach, City Administrator Below is a brief summary of past and upcoming events. �.'•,i.-Ef:�-'`i * Psi _ .t �.;,'ct.+ =`,DEPART ADMINISTRATION AND GENERAL SERVICES GRIT — To date, we have heard no response to the proposal the City Council authorized on May 18`h. Industrial Park — The construction phase of the project is underway. CAS has authorized the final plans for the rail spur and they continue to confirm their comfort level with the grant budget for the project. We have received a signed contract and down payment from Federal Cast Stone for the purchase of approximately 20 acres in the industrial park. John Cook has prepared documents for the optional (first right of refusal) 10 acres. This contract will come before the City Council on June V. Downtown Streetscape Project — Construction on the downtown project began on May 121h. While the scarcity of concrete has caused minor delays, we are still on schedule. Donnie Robertson and Oscar Bermudez will be working closely with the contractor. Impact Fees — There is currently nothing new to report on the issue of impact fees. George Long reports he is still receiving information from surrounding counties who have already implemented impact fees. When he is comfortable with the background materials, we will proceed with developing an RFP. OUA — George Long has indicated the County Commissioners have requested that OUA and City Officials meet with the County Commission every two weeks to continue joint efforts with regard to current and anticipated OUA related problems. One proposal would call for meetings at 6:00 p.m., on regular meeting days of the County Commission (2'd and 4th Thursdays) at the Health Department. Difficulties in scheduling the meetings seem to be compounded by summer activities and vacations. ADMINISTRATION It is anticipated that by June 1', L.C. Fortner will have prepared, for presentation to the AND GENERAL City Council, his request for easement or land acquisition related to the construction of SERVICES an odor treatment facility in the SE part of town. CONTINUED Boards and Committees — The following are very brief notes related to some of the local Boards and Committees on which I represent the City. I have been selected as 2004-05 Chairperson of the Academy of Finance Board. The Chamber of Commerce continues to discuss possible relocation of upcoming events. Shared Services has sent several local entities (including the City) a request for $8,000 in continued funding. They have cancelled their July meeting. The Economic Council continues to focus on OUA related issues. The Local Mitigation Strategy Task Force has completed an extensive update to the LMS. PUBLIC WORKS Donnie Robertson's staff continues with their efforts related to modification of the 4`h Street boat ramp. In working with DEP, a baffle box must be installed before the project can be completed. However, the ramp is open for use. A pre -construction meeting related to this year's street projects has been conducted with the contractor. A notice to proceed has been issued with work to commence on June 6"'. This should allow ample time for the completion of street projects prior to the winter tourist season. CODE The Code Enforcement Board has recommended that the City Council pursue civil ENFORCEMENT judgments against Marvin Brantley and the Dasher heirs. Attorney Cook will be bringing this to the City Council on June I". Sammy Hancock has notified the City of his intent to leave his current position. He will work with Chief Smith to help train his replacement, as soon as one can be selected, and will remain available on a limited basis, as needed. Sammy has done an outstanding job for the City. As a retiree, he wants to significantly reduce his responsibilities to allow for pursuits of other interests. FINANCE Lola Parker continues working with the auditors in finalizing this year's audit. The major missing component is the financial reports related to pensions, which must be provided by OUA. City staff has made inquiries to the pension fund administrators as to why this is an annual problem and what possible solutions might be. Health care bids will be opened next week and will come before the City Council on June 15''. 2 DEPARTMENT POLICE DEPARTMENT FIRE DEPARTMENT CITY ATTORNEY SYNOPSIS-,, The Police Department's change to 12-hour shifts seems to have been well received by staff. The Department has encountered difficulties of late related to noise complaints. Currently, they are functioning as mandated by Statute with the hope of working through the City Attorney and City Council to clear up vague or conflicting areas within the City's noise ordinance guidelines. Chief Smith has taken the helm and is attending the annual Hurricane Conference, along with Chief Davis. The Department's new repeater system should be installed soon. This should enhance communication capabilities and improve safety for our on scene safety personnel - The following are included in the items I have asked Attorney Cook to address. 1. GRIT issues. 2. Recommendations related to reversionary action in alley closings, etc. 3. Hamrick Trust — John is in discussion with the County Attorney on this matter. 4. Research annexation issues. 5. LDR issues, such as conversion of former residential structures to commercial and CBD site regulations and new development within the CBD. 6. Marvin Brantley's continuing situation. 7. Various LDR issues, including the commencement of site -work and sidewalk, curb and guttering issues. 1