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2004-08-03 Regular Meeting�. NI 42� lar ber it M CITY OF OKEECHOBEE AUGUST 3, 2004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA'4}`' I. CALL TO ORDER - Mayor: August 3, 2004, Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Dr. Edward Weiss, Church of Our Savior; Pledge of Allegiance led by Mayor. Ill. 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 IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Councilman Dowling R. Watford, Jr. with a Resolution from the Florida League of Cities honoring him for 20 years of service as an elected official. PAGE 10F 14 `III` CO NCO Ot = DISCUSSIONS -VOTE Mayor Kirk called the August 3, 2004 Regular City Council Meeting to order at 6:00 p.m. Dr. Edward Weiss, Pastor of Church of Our Savior offered the invocation; Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Mayor Kirk read the framed Resolution honoring Dowling R. Watford, Jr. for his 20 years of service as an elected official, presented by the Florida League of Cities: "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF CITIES, INC., HONORING DOKJNG R. WATFORD, JR. FOR MORE THAN TWENTY YEARS OF ELECTED SERVICE, AND COMMENDING HIM FOR HIS COMMITMENT TO LEADERSHIP IN THE GOVERNANCE OFFLORIDA CITIES, TOWNSAND VILLAGES. WHEREAS, America's municipalgovernments have long relied upon the unselfish leadership of its citizens for local self governmen4 and Florida's municipal governments share this time-honored tradition as the level of government closest to the people; and WHEREAS, this reliance places extraordinary responsibilities upon its citizen legislators, and municipal' elected officials make significant sacrifices of their time and energies on behalf of their citizenry, and often engage in their service for little or no compensation, making this commitment a true labor of love; and WHEREAS, municipal leaders strive for excellence in the governance of each city, town and village, and 51 52 AUGUST 3, 2004 - REGULAR MEETING - PAGE 2 GF 14 :.:. AGENDA IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. a- k :x=: z` auk .';, . •<x" *' COUNCIL 9TI6N.4DISCUSSION VOTE. A. Present Councilman Dowling R. Watford, Jr. with a Resolution from the Florida League of Cities honoring him for 20 years of service as an elected official continued. commit themselves to providing quality services, governing effectively, and working to improve the quality of life; and WHEREAS, several terms in office is a high compliment given by the voters to the official, and with these years of experience comes a strengthening of wisdom, discernment and strong leadership skills, all of which bring tremendous value to the municipal governments of Florida; and WHEREAS, Dowling R. Watford, Jr. has held office in City of Okeechobee for more than twenty years, and is recognized for this achievement NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF CITIES, INC.: That DOWLING R. WATFORD, JR .is commended for his dedication to the City of Okeechobee and is hereby recognized as one of Florida's finest public servants. ADOPTED BY THE BOARD ASSEMBLED THIS 13TH DAY OF APR►L, 2004 IN TALLAHASSEE, FLORIDA." Council Member Watford stated he appreciated the resolution, he thanked Clerk Gamiotea, for the nomination and Mayor and Mrs. Zella Kirk for attending the banquet with him. "It's a long time [20 years], I would also like to thank all the city council members that I have had the pleasure of serving with, I think I have learned a lot, and I have a lot more to learn. To the city staff, I have enjoyed working with everyone, over the years. But most importantly it has been an honor to represent the citizens of Okeechobee." B. Present David Wilbur with a Longevity Service Award for 15 years Mayor Kirk presented Mr. David Wilbur, Sergeant of the Police Department with a 15 Years Longevity Service Award, of service with the City. which included a certificate of appreciation and a clock. Sergeant Wilbur thanked the Mayor and Council and stated he looked forward to another 15 years with the City. C. Proclaim the week of August 8 through August 14, 2004 as Missy Rhodes was present from Florida Community Health Centers and received the proclamation. Mayor Kirk read "National Health Center Week." the proclamation in its entirety as follows: "WHEREAS, Florida Community Health Centers, Inc. is a private, nonprofit corporation that provides high -quality, comprehensive primary health care to uninsured and medically under served people in Okeechobee; and WHEREAS, Florida Community Health Centers, Inc. has made great strides in expanding access to affordable health care and reducing health disparities while empowering the community to address special needs and decrease the cost of illness through preventive strategies; and WHEREAS, Florida Community Health Centers, Inc. has improved the health status of Okeechobee, promoting health awareness and providing primary care and preventive health services of the highest quality to reduce preventable deaths, costly disabilities, and communicable diseases; and WHEREAS, Florida Community Health Centers, Inc. serves as a vital safety net delivering care to numerous patients annually, regardless of insurance status or ability to pay, and contributes to the health and overall economy of the community with health services, jobs, leadership and investment; and WHEREAS, Florida Community Health Centers, Inc. promotes 100% access and zero health disparities to help achieve primary health care AuGusT 3,2004 - REGULAR MEETING - PAGE 3 OF 14 IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. C. Proclaim the week of August 8 through August 14, 2004 as for all people. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City "National Health Center Week" continued. of Okeechobee, do hereby proclaim August 8 through August 14, 2004 as "NATIONAL HEALTH CENTER WEEK" in the City of Okeechobee and urge our citizens to recognize the important contributions of the Florida Community Health Centers, Inc. in safeguarding health and improving the quality of life for the people of the City of Okeechobee." Ms. Rhodes thanked the Council for taking time to present this proclamation. D. Proclaim the week of August 27 through September 6, 2004 as Sandra Ingram of the Muscular Dystrophy Association, City Fire Chief Smith, Lt. Glen Hodges, Firefighters Matt "Okeechobee Firefighter Appreciation Week." Vinson, Chris Douglas, Ryan Hathaway, Zach Smith, and County Fire/Rescue Ricky Jones were all present to receive the proclamation that was read in its entirety as follows by Mayor Kirk: "WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and self -concern for the welfare of our citizens; and WHEREAS, in addition to their daily service to communities Fire Fighters throughout the state and across the nation have joined the Muscular DystrophyAssociation for the past fifty years in the right against neuromuscular diseases; and WHEREAS, Florida Fire Fighters collected a record breaking $1,427,000 over 300 communities with their 2003 "Fill the Boot" campaign for MDA, again making them MDA's largest source of funding, and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the Okeechobee Fire Fighters for theirsupport and dedication; and WHEREAS, the hinds collected by the Okeechobee Fire Fighters assists MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring Okeechobee Fire Fighters Appreciation Week, and WHEREAS, it is appropriate for all City of Okeechobee citizens to join the Muscular Dystrophy Association in this tribute to our fire Fighters. NOW THEREFORE, 1, James E. Kirk by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim August 27 through September 6, 2004 as "OKEECHOBEE FIRE FIGHTER APPRECIATION WEEK" and commend Okeechobee Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Action for the July 20, Action for the July 20, 2004 Regular Meeting and the July 22, 2004 2004 Regular Meeting and the July 22, 2004 Workshop; seconded by Council Member Williams. There was no Workshop. 11 discussion on this item. 53 AuGusT 3, 2004 - REGULAR MEETING - PAGE 4 OF 14 AGENDA~:: V. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Action for the July 20, 2004 Regular Meeting and the July 22, 2004 Workshop continued. VI. AGENDA - Mayor. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. COUNCIL ACTION" A. Requests for the addition, deferral or withdrawal of items on today's IIII Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. There were none. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 111 MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:16 P.M. A.1. a) Motion to remove from the table a motion to table the adoption of 111 Council Member Watford made a motion remove from the table a motion to table the adoption of proposed Ordinance proposed Ordinance No. 862 - City Attorney (Exhibit 1). No. 862; seconded by Council Member Markham. b) Vote on motion to remove from the table. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 2. a) Motion to adopt proposed Ordinance No. 862 regarding Street III Council Member Markham moved to adopt proposed Ordinance No. 862 regarding Street Closing Application No. 72, Closing Application No. 72, Southeast 2nd Street. Southeast 2nd Street; seconded by Council Member Watford. AUGusT 3, 2004 - REGULAR MEETING - PAGE 5 OF 14 55 %' �.:;A�EN©A VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion. c) Vote on motion. CLOSE THE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. A. Proclaim the November 2, 2004 General City Election for two Council Member seats - Mayor (Exhibit 2). L •rY • COONCIL �A�T10N--D1SCUSSION4�/.4��:.. _ - Mayor Kirk asked whether there were any questions or comments from the public? There were none. Clerk Gamiotea reported that Engineer Bermudez was satisfied with the recorded DOT right-of-way plat map that was provided by the applicants representative, Vicki Aaron. The map is clear indication that the City owns Lot N of Block 252 for right-of- way purposes. The property owners are requesting to decrease this one block area of Southeast 2' Street between 51" and 6" Avenues from a 100 foot right-of-way to a 70 foot right-of-way. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:20 P.M. The November 2, 2004 General City Election for two Council Member seats was proclaimed by Mayor Kirk:' "PROCLAMATION, NOTICE OF GENERAL CITYELECTIONS. CITY OFOKEECHOBEE, FLORIDA. NOVEMBER 2, 2004. WHEREAS, under and by virtue of the provisions of the Charter of the City of Okeechobee, and Florida State Law, his the duty of the Mayor to proclaim and call General City Elections at the time and manner provided there in. NOW, THEREFORE,1, James L. Kirk Mayor of the City of Okeechobee, Florida do hereby PROCLAIMAND DECLARE that a GENERAL CITYELECTION be held by the duly qualified electors of the City of Okeechobee, Florida, on Tuesday, November 2, 2004, during the regular hours of voting, towit from 7.00 a.m, to 7.00 p.m., for the purpose of electing the following officers to serve as such for four (4) years beginning January 4, 2005 and ending January 6, 2009 following such election or until theirsuccessors are elected and qualified: TWO (2) COUNCIL MEMBERS Said election shall be held in the County polling or voting places within the Municipal precincts of the duly qualified City electors, which precincts have been established by the Okeechobee Board of County Commissioners and Supervisor of Elections for the General Election of Okeechobee County. IN TESTIMONYAND WITNESS of the foregoing Notice of Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal of said City to be affixed, and attested to by the City Clerk this 3rd day of Augus4 2004." 56 AUGUST 3, 2004 - REGULAR MEETING - PAGE 6 OF 14 AGENDA :: VIII. NEW BUSINESS CONTINUED. COUNCILAG'i'ION DISCUSSIONtVOE B.1. a) Motion to read by title only and set August 17, 2004 as a final public Council Member Watford moved to read by title only and set August 17, 2004 as a final public hearing date for hearing date for proposed Ordinance No. 865, Rezoning Application proposed Ordinance No. 865, Rezoning Application No. 04-007-R, submitted by Gary Eubanks; seconded by Council No. 04-007-R, submitted by Gary Eubanks - City Planning Member Williams. Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 865 by title only. Attorney Cook read proposed Ordinance No. 865 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME (RMH) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILYONE (RSF-1) ZONING DISTRICT, AMENDING THE 11 ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 865. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 865; seconded by Council Member Williams. b) Discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council Member Markham noted a correction that needed to be made on the survey. Southeast 4t' Street should be indicated as 3`" Street. Council directed Staff to have the survev corrected by the final hearing. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. AuGusT 3, 2004 - REGULAR MEETING - PAGE 7 OF 14 Y -. _ - :COUNCtL�AT�©N,1SClSS1�l VIII. NEW BUSINESS CONTINUED. C.1. a) Motion to read by title only and set August 17, 2004 as a final public Council Member Watford moved to read by title only and set August 17, 2004 as a final public hearing date for hearing date for proposed Ordinance No. 866, regarding proposed Ordinance No. 866, regarding amendments to the Land Development Regulations Sections 90-103(5), 90- amendments to the Land Development Regulations Sections 90- 133(5), 30-163(5) and 90-193(6) all in relation to commercial parking areas within residential zoning districts; seconded 103(5), 90-133(5), 30-163(5) and 90-193(6) all in relation to by Council Member Williams. commercial parking areas within residential zoning districts - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 866 by title only. Attorney Cook read proposed Ordinance No. 866 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLYSECTIONS 90-103(5) OFTHELAND DEVELOPMENT REGULATIONS, SECTION 90,-133(5) OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90.163(5) OFTHE LAND DEVELOPMENT REGULATIONS, AND SECTION 90-193(6) OF THE LAND DEVELOPMENT REGULATIONS, DELETING SPECIAL EXCEPTIONS ALLOWING OFF-STREET PARKING AND ACCESS TO A COMMERCIAL ENTERPRISE IN A COMMERCIAL ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 866. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 866; seconded by Council Member Chandler. b) Discussion. Attorney Cook explained that each of the zoning districts named allow off-street parking and access to a commercial enterprise in a residential zoning district by a special exception. Planning Consultant, Jim LaRue offered to amend the LDR's to delete this special exception due to a recent ruling from the Board of Adjustment and Appeals, that would not allow this. Owners will have to be zoned commercial to have off -site parking for their commercial establishments. 57 w AUGUST 3, 2004 - REGULAR MEETING - PAGE 8 OF 14 ="r -�- AGENDA° VIII. NEW BUSINESS CONTINUED. C. 2. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. _ = `::COL�NCIt i►CTION DISCUSSI©N}�-VOTE. D.1. a) Motion to read by title only and set August 17, 2004 as a final public Council Member Watford moved to read by title only and set August 17, 2004 as a final public hearing date for hearing date for proposed Ordinance No. 867, regarding proposed Ordinance No. 867, regarding amendments to the Land Development Regulations Sections 90-283 providing amendments to the Land Development Regulations Sections 90- for inclusion of a House of Worship in a heavy commercial zoning district; seconded by Council Member Williams. 283 providing for inclusion of a House of Worship in a heavy commercial zoning district - City Planning Consultant (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 867 by title only. Attorney Cook read proposed Ordinance No. 867 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY ARTICLE 111, DIVISION 8, SECTION 90-283 SPECIAL EXCEPTION USES, PROVIDING FOR INCLUSION OF HOUSE OF WORSHIP, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 867. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 867; seconded by Council Member Williams. b) Discussion. Mayor Kirk opened the floor for discussion, there was nothing from the public. Council briefly discussed the proposed amendment. This amendment would allow a house of worship (on a lot less than five acres) as a special exception use within a Heavy Commercial zoning district. Currently it is not a permitted use nor a special exception use. AuGusT 3, 2004 - REGULAR MEETING - PAGE 9 OF 14 ^-.. a - - - -,�,.ma�c �-•:=' -�•� : ,r:r.. - - - . �', - ';;,:,'�;"'.' - �;''` a.r., `` .ia,„;`�-'a,...•>r. ".; _ - ;;. s"r. - - ����� �• -. - - -k ..�� -:.�- .. _ COUNCIL-�►C1lON�.DtSCLiSS>�ON--VOTE�.� VIII. NEW BUSINESS CONTINUED. VOTE D. 2. c) Vote on motion. KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Presentation of the 2003 Fiscal Year Annual Audit Report - Deborah Ms. Deborah Bradley of Hoyman, Dobson and Company, PA., presented the Council with the results of the 2002-2003 Bradley, Audit Director. Fiscal Year audit. Findings were of limited significance. Internal control over financial reporting of the fixed assets; law enforcement special revenue fund expenditures; and capital outlay and operating expense classifications were the items noted. All areas are being addressed appropriately. The implementation of GASB 34 in next year's budget should help eliminate repeat findings. Ms. Bradley reported that the city is financially sound. The reason for the delay in forwarding the audit report is due to receiving information from the pension funds actuary. The Council briefly discussed the report. Council instructed Administrator Veach to ask whether there was anvthina Citv Staff could do to assist in aettina the information from the oension funds actuary earlier. The Mayor and Council thanked Ms. Bradley for her report. F. Motion to approve advertising a 13.16% increase over the roll back Council Member Watford moved to approve advertising a 13.16 percent increase over the roll back rate for the Fiscal rate for property tax - Lola Parker. III Year Budget 2004-2005; seconded by Council Member Markham. Council briefly discussed this item with Administrator Veach. Leaving the millage rate as it is, there will be no tax increase. Administrator Veach was asked whether he had a level of comfort with this millage rate? He responded, yes, but Staff will have to wait and see as the Council goes through the process, for the exact impact, noting that while there is not an abundance of funds, there is enough to balance the budget. Mayor Kirk is scheduled to meet with the department heads tomorrow. The first budget workshop is Wednesday, August 11, 2004 at 5:00 p.m. VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 60 AUGUST 3, 2004 - REGULAR MEETING - PAGE 10 OF 14 �v,.. _ aN< F AGENDA -. .. .µ Tp r �. - l NCt&1A T'ION = D1SD N .. VIII. NEW BUSINESS CONTINUED. G. Motion to set the 2004-2005 Fiscal Year Budget Public Hearing Council Member Watford moved to set the 2004-2005 Fiscal Year Budget Public Hearing dates for September 16, dates for September 16, 2004, September 30, 2004 at 6:00 p.m. - 2004 and September 30, 2004 at 6:00 p.m; seconded by Council Member Markham. There was a brief discussion on Lola Parker (Exhibit 6). this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. H. Motion to approve an Option to Purchase Agreement between the Council Member Markham moved to approve an Option to Purchase Agreement between the City of Okeechobee and City of Okeechobee and Robert Meyer - City Attomey (Exhibit 7). Robert Meyer; seconded by Council Member Chandler. At the direction of the City Council, another option land purchase was negotiated with Mr. Meyer. This proposed includes all the terms of the original option agreement. The lots for consideration are now 1, 2 and 3, which agreement is approximately 7.7 acres. This agreement is good for up to four years, following a brief discussion, Council Member Williams moved to amend. the agreement, chanainq the number of vears from four to one near; second by Council Member Watford. VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. Mr. Meyer, who was in attendance stated he had no objection to the amendment. 1 AUGUST 3, 2004 - REGULAR MEETING - PAGE 110F 14 :. COUNCIL►CTION - DISCUSSION-: YOTE: VIII. NEW BUSINESS CONTINUED. H. Motion to approve an Option to Purchase Agreement between the VOTE AS AMENDED City of Okeechobee and Robert Meyer continued. KIRK -YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. For clarification, Administrator Veach asked whether it was the direction of the Council to close on these parcels as soon as possible? Council responded, yes. Discussion pertaining to Adelphia - Michael Tanck, Adelphia Mr. Michael Tanck, Director of Government and Community Affairs for Adelphia Cable introduced himself to the Director of Government and Community Affairs. Council and gave them a brief update on the bankruptcy issue for Adelphia. He also communicated that he, on behalf of Adelphia, would like to begin working on a renewal of the franchise agreement. Attorney Cook also gave a brief outline of the progress he and Administrator Veach have taken over the last few years regarding a revised franchise. During the course of the discussion, Mr. Tanck requested a resolution, which he presented a proposed copy of, be adopted that would "document" that City does have an eighteen yearold franchise agreement with the cable company,: and once the company is able, they will consider a revised agreement. Following a brief discussion, Council Member Williams moved to adopt proposed Resolution No. 04-09. extend the January 7.1986 franchise agreement, as amended between the City and Adelphia; seconded by Council Member Watford. Attorney Cook read proposed Resolution 04-09 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, PROVIDING FOR AN EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA COMMUNICATIONS PROVIDING FOR AN EFFECTIVE DATE." 61 62 AUGUST 3, 2004 - REGULAR MEETING - PAGE 12 OF 14 r3 " •■/�_, /!� a "- 4 _ NC���Y'. .,Yl■ "DISCt�SS _ Vill. NEW BUSINESS CONTINUED. I. Discussion pertaining to Adelphia continued. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. J. Consider a request to approve off street parking for the Wild Cow Robert and Tammy Davis have rented a portion of the canvas shop building, located at 206 Southwest V Avenue. Cafe - Tammy and Robert Davis (Exhibit 8). The portion they are renting is approximately 640 square feet, which they will remodel in order to operate a restaurant/cafe type business. During the July 21, 2004 Technical Review Committee Meeting, the TRC recommended the Davis' appear before the Council for a 20 percent reduction in parking within a Commercial zoning district. Based on Attorney Cooks conclusions, they are only one space away from being in full compliance regarding parking. Council Member Williams made a motion, based on the recommendation from the TRC and Attornev Cook, to approve the 20 Dercent reduction in Darkina: that the Occuaational License be issued forthe Wild Cow Caf6. with the followina saecial conditions being comDleted: one handicaD Darkina space is clearly marked: that the concrete slab be striDed for Darkinq: that the Davis' cannot enlarge the restaurant: that there will be no transfer of ownershiD without sDecific aaaroval of the Citv: seconded by Council Member Chandler. Discussion ensued, Attorney Cook noted he and staff members are working on a revised parking ordinance that will be coming before the Council for consideration. Each of these parking issues will continue to be handled on a case by case basis, with each one's special conditions being considered. Council Member Watford thanked the City Staff for having all the necessary documentation provided in Exhibit Eight for them, "It makes it easier when the information is provided." Administrator Veach noted there were two key elements to getting this issue resolved. One, an engineer who was very inflexible on this. Two, an attorney who is open minded enough to work through this. AuGusT 3, 2004 - REGULAR MEETING - PAGE 13 OF 14 63 i �".... - -:.�• '=y '.T'�zl _ �"Y s-'h'Y'i l�•,'q.t>V-�'f'`'� .Z �. 4 CDUNCiLACT10N . tiISCUSSII�N3.. :r_ . R �.w� .r—*y. „.:; .Y�y. �i:. ;. ,'w..ky,-... .- -".'J �' .-_ ii,_ :z 1..,a a-. _.. �'-''�.'+�z�;`^�.• _ .., .— ... — _ —' 1 VIII. NEW BUSINESS CONTINUED. VOTE J. Consider a request to approve off street parking for the Wild Cow KIRK - YEA Cafe continued. CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLiAMS - YEA MOTION CARRIED. K. Consider a request from the Okeechobee County Chamber of Mr. Darrel Donnelly, President of the Chamber of Commerce appeared before the Council along with Executive Commerce for financial support in the amount of $50,500.00 - Director Brenda O'Connor. They are requesting a budget consideration of fifty thousand, five hundred dollars Brenda O'Connor, Executive Director (Exhibit 9). ($50,500.00). Ms. O'Connor stated the budget consideration does not have to be one lump sum, it could be for any one of the items they are proposing. These items are: ► Six thousand dollars ($6,000.00) for publication and printing of new maps for the entire county and city. ► Twelve thousand dollars ($12,000.00) for publication and printing of new visitor guide books, noting that a minimum of ten thousand have to be ordered. This book provides information to visitors, newcomers, residents on all the amenities of Okeechobee. ► Two thousand, five hundred dollars ($2,500.00) for setup, color separation, and printing of five hundred new historic. prints depicting the historical nature of Okeechobee. These prints are taken from actual paintings and reproduced prints. ► Thirty thousand dollars ($30,000.00) for an electronic computerized sign to post current events in Okeechobee. We would be able to change the events and log new ones on through the computer system This sign would replace the current marquis we currently have which is in much needed repair. Our ability to provide more information on all county -wide events would be enhanced. There was a brief discussion between the Council. Council Member Watford asked whether these requests were coming from the Board of Directors? Mr. Donnelly responded that no, the Board of Directors meeting is tomorrow and he will advise them. He also noted that should the Board instruct him, he will rescind the request. However, due to meeting dates and budget time frames, he and Mrs. O'Connor felt they were within their perimeters to more forward with these requests. The Mayor and Council thanked them for their presentation and would consider the requests during the appropriate budget process. 64 AUGUST 3,2004 - REGULAR MEETING - PAGE 14 OF 14 -',;COU CILA W IX ADJOURN MEETING - Mayor. There being no further items on the Agenda, Mayor Kirk adjourned the meeting at 7:55 p.m. The next regularly III scheduled meeting is August 17, 2004. 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 Clark. ATTEST: James E. Kirk, Mayor ' Vj'rV ity Clerk LaneGamiotea, ' • 0 Page -1- Tape 1 side A CITY OF OKEECHOBEE - AUGUST 3, 2004 - REGULAR CITY COUNCIL. MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER- Mayor Kirk, Julv 20, 2004, Citv Council Regular Meeting. 6:00 D.M. II. OPENING CEREMONIES: Invocation given by Pastor Dr. Edward Weiss. Church of Our Savior: Pledge: of Allegiance led by Mavor Nrk . III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. 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 - 6:05 p.m. City Administrator Bill L. Veach X Clerk Lane Gamiotea X Secretary Kim Barnes X IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Councilman Dowling R. Watford, Jr. with a Resolution from the Florida League of Cities honoring him for 20 years of service as an elected official. Mayor, Kirk read the framed Resolution presented by the FLC in it's entirety as follows: "A RESOLUTION-OFTHEBOARDOFDIRECTORSOFTHEFLORMALEAGUEOFCMES,MC., HONORWG DOWL,ING it WATFORD, J2 FOR MORE THAN TWENTY YEARS OF ELECTED SERWC� AND CflMA�N9NVG-MR FOR -HIS COMA�MTINENT TO -LEADERSHIP IN THE GOVER1144NCE OF FLOPJDA CME4 TOWNSAND VILLAGES WHERE -AS, America's municipal governments have kwW relied upon the unsefth kadwWp oflts cithens for locaiselfgovernme and Rlwfda's munkipal governments share this One -honored badfdonas t6e/eve1ofgov%mmerrtcksestto thepeoph, andWHEREAA this re rNteplacesexbaordiraryresparsOriNtiesuponifsrrtizenlegishtors,andmnrkipdoiectedo/8ciab Make Si Ouikant saaffices of tkw flirts and ere vm on behaffof their' cffixenry, and often eng4p in 6Wkservke forMtfe to no corr-pensa8on; making dds conmihmenta true kdwoflove; and WHEREAS, munWO&I leaders strive for errceffence in do,governance of each city, town and WVaM and camnw thern"hws to providing q&w tyswvks% governing effecfiv�e/y, and working to snp m the guaft of Iffe; and W REREAA severat twn s in ofifik,wi'a a high compliment given by the carters to the ofl�cial, and with these years of expsrferwe comes a sb�engUmbig of wisdom, discermnerrt and sbang leadership sk9h;'aN of which Ming �►enierrdous. to the nwnki/a/gorernments of Flbrfda; and WHET E43, Dowft It Wbft Jr. has held office in City of Okeechobee for more flan twenty yeah and fs recognized for dds achfever wL NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRWTORS OF THE FLOI?fDA LEAGUE OF CITIES, INC.: That Down% It WATFORD, Jr .is connraended for his dedication to the City of Okeechobee and is herobyrecognized as one of Florida's f nenhpub9c servants. ADOPTED BY THE BOARD ASSEMBLED THl S 13TH DAY OF APPJL, 2004 IN TALLAHASSEE; FLOR/DA." Dowling - appreciate this, thank clerk for nomination, Kirk and Zella attending banquet, thinking over this, it's a"time, thank aff the city councill members I've had the pleasure of serving with, learned 8 lot, 00 a lot more to learn, city staff, enjoyed, honor to represent the citizens. Page B. Present David Wilbur with a longevity Service Award for 15 years of service with the City. -Mr Devil Wilbur -15 year seance -award aad.certillicate-of appreciation.for-- years; service with the as a City Employee. Mr. Wilbur thanked the Mayor and Council and stated he --looker forward-taanolhefl�yeurs: --- - - C. ` Rrociai"e week of Augiist"roug-h August 14, 2004 as "NadOrWWoaldl Confer Weer" Miss IIR - - -- - - -- -- - -- - - - y hodes present from Florida Community Health Centers to receive prociamation. Mayor Kirk read the following.pmdamat mii-its_entirety:. LNEREAS,Hodd&Conmxm* HeaNh-Cenfm btri Is-.pdva* nonpA, it corporation dotprovkIes high- Wily, coi,pehensNe pimaryhealth carry to uninsured and has great 36xiees air exxpent hng access to affordable health care and reducing health disparities YR {i{R//IA/�Au� la'1Y'ia:'i vr�Iilril I i li���i 10J i I� vI WI prevent" strategies; aW INNEF tEAA Ronda CommunityHea/th Centers, Inc. has improved die health ------ ---- __ -- - - ------------ - ng health ifiiii ss anal prbMW prfinary care and - ---` �MBV@�l I�V@�Al�l services -_Of i1►n h Ires_t to reah�ce ogre--qkb a car die lif9 and communicabk dz; mW INNEREA.% Florida Community Health Centers, ft serves as a vifalsafietynetdarMenlirg to 00, health and overafi economy of the community with health services, jobs, leadership and h IV936rreM;-and WI ERA m; piano n 1699Gseem 01-d zero - healtb'daparitiestoheipachimpolawyhealthcam forabpsople NOWTHEREFORE; I, JamesE Kiriy by*"ormeaumorayres inmeasilbyorrof w—C*i - O*Okeecna► o% alb1 piu irAWW 8 August 14 2004 as "NATIONAL HEALTH CENTER WEEK" in the City of Okeechobee and urge r citizens to recognize the important con6budons of No Honda Convnunrfy Health Centers, -c.of_!de f��of��iiygfOk�l_►o_�e:" Ms. Rhodes thanked the Council for taking time to present this proclamation. D. Proclaim the week of August 27 through September 6, 2004 as "Okeechobee Fbefighter pp Sa Ingrai Glen -Ho ge( Matt Vmsak Chr Dougias, Ryaao Hathaway, Zach Smtith Chief Smith, , ouniy Fre Rescue,- 4!tl S and WoHie Road -want to ask Ilbr main k4ersecdon also. Submit ft mod aSS a don for main into section wens present to receive die pr�oclamatfo�n that was read in Ns een6►+ei�r -- of : stamina, extensive &Wn ft courage, and self -concern for the welfare of our citizens; and in R&Riorrfio- aiasw Vn#V GIW duoughoul the stats and - a;;;, - die nation have joined the Ailuscular DystrephyAssociadon for the past fifty years in the fight agar�si neur�wscri�� d�ir�l�l►IIEREAS- � �7e�dkMg- $1,42 ' 000 over300 to mmunides with dish 20e3 "F_iU die Boot" campaign forMDA, again making them MDA't hwgest sourrce of fundfng, and - HERF-AS the INuscu/ar Dystrophy Asaaoci+adon is exfr�enre/y to the Okeechol w �e.�-,f"AW VVp0r#.and Edon• 40AMH.EREIIS.fbe fui�- co/ by the Okeechobee ForsFi�ftrs assists AMA in prwridhtgmea kelservices atkicaiclinic.% SUM W II�-researeh end St-na� W4D local chikkw and families; and WHEREA4 in horror of the efforts of the Okeechobee Fie Fighters, the wyahvft INX pr e- for ail City of Okeechobee eftena to � filar WHE,. Sy k is a Aisso# atiar m tFus brute to our ii� >�grrt�ars, wort r rrtr�tr-t�rce, 7; James E MM by vhfiie 0f-U* - -- a crested in me as AAayor of the C& of Okeechobee do hereby proclaim Auuust 27 thrrou$h Sep 6, 2004 as "Okeechobee i re RghterApprwh t w Week" and commend Okeechobee Rre for Oak effatafs an behalf of theJiAssodadamn FV. TES -ry Clerk, - - - - - - A. Council Member Chandler moved to dispense with the reading and approve the Summary of Action I for tfie July 20; RegUj2r_j l *,Mg any me July 22, 2C>04WorksMp; secondedbyCounc#Member Williams. There was no discussion on this item. is Page -3- VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHANI X WATFORD X WILLIAMS X MOTION: CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. There were none. VM. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:16 P.M. A. 1. a)' Council Member Walord made a motion remove from the table a motion to table the adoption of , , proposed Ordinance No. 862 - City Attorney (Exhibit 1); seconded by Council Member Markham. b) , , Vote on motion to remove from .the table. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. 2. a) Council Member Markham moved to adopt proposed Ordinance No. 862 regarding. Street Coming Application No. 72, Southeast 2nd Street; seconded by Council Member Watfiord. b) Public comments and discussion. None. c) Vote on motion. VOTE YEA MAY ABSTAIN ABSENT KIRK., X CHANDLER X AbMBkHAM X WATFORD X WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:20 P.M. VIM. NEW BUSINESS. A. Proclaim the November 2, 2004 General City Election for two Council Member seats - Mayor (Exhibit 2). PROOLAMi4T10N NOTICE OF GENERAL CITYELECTIONS CITY OFOKEECHOBEE, FLORIDA NOVEMBER Z 2004 WHERFAAy undsrandby*tWofihepr*vftkws of the Charterof6W City ofQ- andRodda State Law, it is the duty of the Mayor to proclaim and call General City Elections at the time and manowprorfdecl ew* in. NOW, THEREFORE, 1, James E. Kirk, Mayor of the City of Ok"chobee, Florida do hereby PROCLAIM AND DECLARE that a GORML CITY ELEC XW be held by the duly gta~ electors of the Ckyof Okeechobee Floride, on Tuesday, November?, 2004 during ft mgularhours ofvo&V, towit: from 7 00 am. to 7.00 pm., for the purpose of okw ft the following off to serve as such forAw (4) years beginning January 2005 and wm ft January 6. 2009 Wowing such eAwfion orurW their successors are elected and quaM ed. TWO (2) COUNCIL MEMBERS Said election sheitbe held in the County polling orvo ft p/aces within the Municipalprecinct r of the duly q d City efecto►s. ~vrednetshave been estabilished by the Okeecfabse 7 Page -4- Board of Cow* Commissioners and &Wrv*w of Eift*m for the General Election of Okeechobee-CouW MUMnUON-YANDMTNES&oftbakngohVNodcoofEkcdckmihave hereunto set my hand as Mayor of the City of Okeechobee, Rodde, and caused the corporate sW ofsaidVW tobe afted, -and sft9t9d-ftbyAwCAyChrk#jjs 3id- dayof -August-, 2004. B. 1. Council Member Watford moved to read by tide only and set August 17 2004 as a final public hearing date for -proposed -OrdinanceNo. 865, Rezoning Application No. 0447A, submit k by -Gary' I Eubanks - City Planning Consukant(Exhl*-3); seconded by -Council Member WAIam. b) Vote -mmetieff*-read by-title-enly-and-seffffm[pubfic hearing date. VOTE: YEA MAY ABSTAIN ABSENT KIRK- x - CH N IDLER X MAR! It -AM X _WA_Tqm x WILL MS X UOTK& CARRIED. 0 J. -1C4AJtorney­to-read p,vvu,,r_J widinance NO. 865 by flut; ILn 11Y abluffuNw. %OF# IRS ADEME IIA4 1040,,E. CITYOFOKEECHOSEE; FLORIDA AMENDFHG THE OFFICIAL ZOMWG MAPOFOKEECHOBEE b t r(&4U*tW A WwiAttv imtf i ter LArto muhc t-,An i swLAnL ) joj*t, M =-- a flen 6- ft* FROM RESIDENTIAL MOBILE 1"E RUH TO RESIDENTIAL SINGLE 6N_E(#s4�#4dd&G DWMT, AAE)MAWTHE ZOMWG 6—COM-M-WLY, FAMLY DIST PROAMM 2. a) Council Member- MaWhawmoved 4D-­appwe-thefwst reading oUpmposed ORHaance-No-.M,- seconded by Council Member Williams. b) Discussion. None from the public. Markham noted a correction on their survey SE 0 Street is actually i SE 3id 8fivet Corection needstobe done before final hearing, inext exhibit should show corrected survey. VOT YEA MAY ABSTAIN ABSENT KI C D _IL ESR X AV X_ _WAOORD x VkqLUwS_ X MOTION: CARRIEIX -Q 4.--*,, Council Member moved-bfead-byWoMyand,,%4August-t7- 2004-as-a-finat-pubk-heaift date for proposed Ordinance No. 866, regarding amendments to the Land Development Regulations Sections %w 10 3(5), -� 1 33M 3046 0) a n a �'t n(61 - al 1 ri wrelation­ ta COMMemtal p ark Wig -area s YAthin residential zoning districts -City PlanningConsultant (ExhH*4); seconded by Council Member __ Williams. b) Vote on motion to read by title only and set final public hearing date. IM -1 - YEA-- NAB- ABSTAIN ABSENT KIRK' x - X_ t AM X WA x - WILL S x MOTIN.• CARRIED. Page -5- c) City Attorney to read proposed Ordinance No. 866 by title only as follows: *AN ORDINANCE OF THE CITY OF OKEECHOBW FLORIDA AMENDING ORDMANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTIONS 90-103(5) OF THE LAND DEVELOPAIIENT REGMTM4 SECTi1 ", 133(5) OFTHEL 4W-fDEVEL@PMENii ULATS° 4 SECTION 90.163(5) OF THE LAND DEVELOPMENT REGULAT IONS, AND SEC77ON 90-193(6) OF THE LAND DEVIEMOMW RIE'GULA77ON4 DELEIM SPECIAL EXCEPTIONS ALLOMNG OFF STREET PARKING AND ACCESS TO A C0MFJ?CIAL ENTERPRISE X A COMMERCML ZONING DISTRICT; PROVIDING IbA AN EKFECTI VE DAiE" 2. a) Council Member Markham to approve the first reading of proposed Ordinance No. 866; seconded by Council Member Chandler b) Discussion. Watford could the attomey explain? Each of those -zoning disstricts permitted SE uses parking for commercial ente if in a residential district. LaRue offered amendment due to recent ruling from the BOA that would not allow this. You have to be zoned commercial to have parking. c) Vote on motion. VOTE YEA MAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. D.1. a) Council Member Watford moved to read by title only and set August 17, 2004 as a final public hearing date for proposed Ordinance No. 867, regarding amendments bathe Land Development Regulations Sections 90-283 providing for inclusion of a House of Worship in a heavy commercial zoning district - City Planning Consultant (Exhibit 5); seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE, YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) City Attorney to read proposed Ordinance No. 867 by title only as follows: "ANORD(NANCEOFTHE CITY OF OKEECHOBEE F :ORW A AMEND/NGORD#44NCE MD. 714, LIINA BEMOPMENT REGULATIONS, PARTICULARLY ARTICLE IN, DMWON 8, SECTION 90-283 SPECIAL EXWP710N USM PROM M FOR #fCLUS#ON OF HOUSE -OF IN ORSHIP, PROWDMFOR - AN EFFECT DATE." Tape 1 Side B 2. a) . Council Member Markham moved to approve the first reading of proposed Ordinance No. 867; seconded by Council Member Williams. b) Discussion. Any area it is a permitted use? What was the down size? Could be located next to auto mechanic repair. Other concern is restaurants with # of feet to sale alcohol. IGrk that is also my concern, people doing business during service. Most every community it is an allowable use. They will have to know going in what is there. What's the distance on the alcohol ? C and-1100 feet, any other distance is front door to front door. Good thing its at least a SE to come in, so everyone in area is aware. Page -6- c) Vote on motion. - VO -YEA -NAY- ABSTAIN.-- ABSENT KIRK i X --C X MA�MM X WA O RD X WILLIAMSX MOTION: ::. __CARRIED. E. { Presentation of the 2003 Fiscal Year Annual Audit Report - Deborah Bradley, Audit Director. DebbL-Bradley,- Hoywaw, Dobsonand 6onapaay, CRA's.-Were here in November- �nA were - held up with the pension board funds, actuarial reports have to part of our report. Clean unqualified opinion. Fixed Asset Report has been taken care of. Dowling -your letter is dated February,? -Overall. budget impact?. Could, -which is why we -don't issue our report until theirs is done. Anything you recommend as a council to watch or look at closer? Spending more than min. No you spent considerably- ftwbudget;-ywbave a.40 of ether things sen+ing fn, GASB 34will- chan6e your reports. Claytdn, travei reimbursement, issue? Thatwas in tastyear, -itwas -corrected in btyear. - - Kirk, looks like a good report. Staffmmended, Auditors as well, work well with us, toughest challenge coming forward. - Apolo�ize, she got. here at. the- adjournment of our previous meeting it was to be presented._ F. Couember moved to approve adv ncil Merts v-a-13:16-°,6 imease ow the ml!-bask-rate for property tax - Lola Parker, seconded by Council Member Coun it Member Watford moved to approve advertising a 13.16 percent roll back rate, seconded by Council Memtr Markham. - - Leaving millage rate as it is, no tax increase. Level of comfort, see as you progress. Not an abundance, but Mayui wt� a ingwith UCt/a1b,wi(t heads-L,,#4,aluii.-NuAl tot." i5firStbudgel vwAs'livp. VOTE-: YEA --NAY- ABSTAIN ABSENT - - _ VJRK x CHANDLER X MARIt4HAM X _ WATFORD X - - - - WILL*MS X -- - MOTION: CARRIED. G. Council Member Watford moved to set the 2004-2005 Fiscal Year Budget Public Heaft dates for l September 16, 2004, September 30, 2664 at 6:00 p.m. -Lola Parker (Exhibit 6); seconded by Council Member Markham. _ -VOTE- YEA A Y ABSTAK--ABSENT----- KIRK' X - CHJUML,ER X - - - MAR" X - WTFORD X - -- WILLIAMS---- X MOTI N: CARRIED. H. Council Member Markham movedtoapprove an Option to Purchase Agreement between the Cityof Okeechobe and Meyer- C* AuVrricy -tramYrt-ty, *Q%.'V1.dd-by-Council MemberChandler. . E Page -T- Dowling, discussed at last meeting, less acreage, 8.3 acres, everything acceptable to Mr. Meyer. Land that will be develop able, Clayton, disagree with 4 years, with inflation of land prices, we'd be giving away the store. Don't disagree with the price, but not the time. Plan on exercising the closing immediately. Purposes of agreement,1 year option. They want to close on it immediately. Appreciate every one's work on this. We're doing exactly what we said, we'd do. He's also operating in the same manner, good faith efforts. ONE YEAR - Council Member Williams, motion to amend, change four years to one year; second by Council Member Watford. VOTE YEA KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. VOTE YEA KIRK X CHAN©LER X MARiKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. NAY ABSTAIN ABSENT MAY ABSTAIN ABSENT Bill, assume direction to staff is to get this closing done as soon as possible. Yes. TAPE 2 SIDE A 1. Discussion pertaining to Adelphia - Michael Tanck, Adel" Director of Gowntnent and Community Affairs. Michael Tanck - Franchise has expired, looked into renewal. Communicated our desire to get franchise back, extends original agreement into next year, Cook - extending the 18 year old franchise, Tanck.- sure. Cook - Adelphia wants paper showing we have more than a handshake agreement, don't oppose extending this agreement, with 2 caveat - old franchise 3% gross revenue, Communications Service Tax now in place for that fee.1986 franchise really dated, don't -know if end of 2005 is good time. The document is basically done, we were close before, if hot tremendous hardship, recommendexfending 6 months. Tanck - don't think it's a problem, suggest 9 months or 1 year, should know what direction we're heading in with bankruptcy, we're wide open for picking up the talks where we left off. Mayor Lowry - franchise go with it if they sell? Cook - one -now still requires approval, new one, city approval prior to transfer, few things to comply with in order to sale, if they don't can't deny the sale, if sold to another entity owned by adelphia they can do that, but someone else can't just put up a sign - Williams, still collecting fees from the state. If I would like to make a recommendation to the channels, you're the first person I've seen, TV gets fuzzy, wife complains, local channels, ABC out of Orlando instead of West Palm,, Monday night football, kids in school at UCF. Fuzzy is interference, pick up through weather, etc. will make sure engineer has the antenna's peaked, carrying channel like Orlando, some rules FCC came out with, each cable system fags in a market area, foot print for each market area, therefore we can't bring in a Orlando station because we fall in the West Palm District. Mayor, might be wise to go with 6 months and if we have to come back and extend it. • Extend the Jan 71986 franchise as amended, 04-091,Resolution WilliamslWat#ord VOT6 - -YEA --NAY Amm---ABsENtT KIRK � X ---. CHANDLER X MAR X WAT ORD X WILLIAMS X - MOTION: CARRIED. Page -8- J. Consider a request to approve off street parking for the Wild Cow Cafb - Tammy and Robert Davis (Editit By. - - - - - Robert and Tammy Davis have rented a portion of the canvass shop building, approximately 640 square feet to rembdel andq)eratea.restauranttcaM type.business. During the Ju1y_29;2 Technical Review Committee - Meeting, the staff recommended they come before the Council for a 20 percent reduction in parking within a Comreercial zeft-dot=-Oily- l-space--await--f m being -in--# 1iar , based en-Atlemey-Cook's conclusions - - - TAP 2-SIDE-8-- -- Approve 20 percent reduction in parking one handicap parking space, concrete slab be stripped, can't enlarge restaurant, no transfer of ownership of this reduction or any special conditions given. lGrk, no problem with the way you explained it. Lowry, several on -street parking already. Parking all the way to -corner not-beingused. They do-meet-W—fire-codes-, have to -expand health -depaftentrule to -expand - septic, New ordinance on parking. _ Williams. Approve 20 reduction as resommended.-by-TIRC direct.Occupational licenseleissaed-by.. Vic., condiobns noted that strips be added to parking lot, issue license condition: no expansion or transfer of license -unles�approved by -the City, seconded -Chandler - - _- .-- - - Waifotd,-sure-it's gftto vmrkfine; getting a MDf# ese, needtobLrfivtcaredf bkh i+tdwx ii iL Mcti ii iedzutbeW,- gettino1 all the information up front, appreciate staff getting all this done for us. - Bill, 2 - - __- Rey elements,_engineer very in" on this, andattorney open minded enoughtowQrk_th�qug�i_this, on the bight track to amend ordinance. Never going to have one that works for everyone. VOTE YEA NAY ABSTAIN ABSENT - KIRK' X__ C _ pLER X - - -- - - - - -- - MAR�M X WATF'Oi�D X - - --- WILLIAMS X --MGTft: CARRIED - - -- - - K. Consider a requestfroro hie Okeechobee Couniy--Chambet o-fCommeroe for financial suppor iWthe amount of $50,500.00 - Brenda O'Connor, Executive Director (Exhibit 8). A&_D Donnelly,_PresidentoftheChamberof.Commerreappeared withExecutive-- Direcior Brenda O'Connor. They are requesting a budget consideration of fifty thousand, five hundred dollars - f 9e; Tt�e items 0iey arelaaking fierEither • ,girt appr ted. They need six thousand dollars for publication and printof new map for the entire county and city. - TWON thousan�ic-d6ftrs of r publica-on and pnnT'fo new Visitor guide booms, a minimum ofteen th6usand. This book provides information to viskors, newcomers, residents on all the amenities of Okeechobee. Two n� w • Page -9- historical nature of Okeechobee. These prints are taken from actual paintings and reproduced prints. finally, #*Wdollars#or-an-electronic computerized sign to post currentevents in Okeechobee. We would be abrootchange the events and log new ones on through the computer system This sign would replace the cu m«1w-0 "1'" isin muchneededrepair. Our-abRy-to provide moreinfonnauvilvil all co my -wide events would be enhanced. The chamber has been serving the Okeechobee County area for over fifty years and duringtthat time we have- chanoed from being a tiny little chamber to providing services for our members and in turn those who walk dvo* our doors -and -calls to our personnel -for varioust "s-of information. We haueexpandedour services with our intemet access as well as our new website that is being created by Mr. George Dukes, well known tlb'1.?yJavialWt,«LUhDtNIIo.� ehavot" '.pa.JcJVupwo-- U-6-1lacili hies,trV'10tiJ1iJ0dityprogramstandwor ing with other reputable organizations to provide the highest quality of consumer satisfaction. We appreciate the opportunity to submit this bid reg-uest fro consideration during your bidprocess. We will be happy to provide any further information on request from you. Watf rd - request from board of directors? Items discussed, within our scope from me and president. , ,-Tevenuefrom-'tc.1uralo, dues Yesand Ctayl -- ---- Budget year go with calendar year? Yes. Donneily,. our board member meeting will be tomorrow, letting them know what we did and Kwe need to rescind our rd quest we will do so. - - 7:55 0.m. - VOTEYEA NAY ABSTAIN ABSENT KIRi.. X - - - CHA14DLER X X WATf-QRD - _ X - WIL X RIED, - — — — — — — — — — — 0 AFFIDAVIT OF PUBLISHER OKEECHOBEE TMffiS 106 S E 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr. who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a PUBLIC NOTICE PO # 12642 in the matter of CITY COUNCIL MEETING NOTICE 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 07./29/2004 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. James A. ghes, Jr., (Publisher) Sworn to and subscribed before me this z Cii�L day of i A. D. 2004 (SEAL) Notary Public Rosealee A. Brennan Commission #DD318483 Expires: Jun 25, 2008 Bonded Thru " Atlantic Bonding Co., In l CM ;ii�rioTt�e rloTrclen' in city ero csty. RegularSesdanonTim AugufQ, 2084%, 6:60pm City HaB. 55 SE 3cd Ave:; Rm 200, Okeecho&a.sPlasid�lThepuylicisinated:snd enooureged to attend: Far rof0ieagaida't oontad City Amnuuauation at212. PLEASE TAKEIOT�C6AANNUD BE 'ADVISED ttiat iR uryperaou',dau'es 4o.ap-• peal atiy decisiai tnaae by tha,Cily G«.i rmpeet to at iliia ....a.:........aed nersorema need a 4 �..-. at 76333'Tl x �214; it xou me ; hesdn8-or voice it4z' �X TOD r-800- 222.3Md (v�d a gg8.44J 5620 (rY1)- �IANLGA11LlIOtld.Cb .s.. r OKMC6DRIZTA= 0 CALL TO ORDER - Mayor: OPENING CEREMONIES: CITY OF OKEECHOBEE AUGUST 3, 2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA August 3, 2004 City Council Regular Meeting, 6:00 p.m. Invocation given by Dr. Edward Weiss, Church of Our Saviour. Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member 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. Present Councilman Dowling R. Watford, Jr. with a Resolution from the Florida League of Cities honoring him for 20 years of service as an elected official. B. Present David Wilbur with a Longevity Service Award for 15 years of service with the City. C. Proclaim the week of August 8 through August 14, 2004 as "National Health Center Week" D. Proclaim the week of August 27 through September 6, 2004 as "Okeechobee Firefighter Appreciation Week." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the July 20, 2004 Regular Meeting and Summary of Discussion for the July 22, 2004 Joint Workshop. PAGE 1 OF 4 AUGUST 3, 2004 - CITY 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. • i/A.1.a) Motion to remove from the table a motion to table the adoption of proposed Ordinance No. 862 - City Attorney (Exhibit 1). ✓ b) Vote on motion to remove from the table. ✓2.a) Motion to adopt proposed Ordinance No. 862 regarding Street Closing Application No. 72, Southeast 2nd Street. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. L,�. Proclaim the November 2, 2004 General City Election for two Council Member seats - Mayor (Exhibit 2). • ,/8.1.a) Motion to read by title only and set August 17, 2004 as a final public hearing date for proposed Ordinance No. 865, Rezoning Application No. 04-007-R, submitted by Gary Eubanks - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 865 by title only. AUGUST 3, 2004 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VIII. NEW BUSINESS CONTINUED. A.a) Motion to approve the first reading of proposed Ordinance No. 865. ✓ b) Discussion. ✓c) Vote on motion. ✓C.1.a) Motion to read by title only and set August 17, 2004 as a final public hearing date for proposed Ordinance No. 866, regarding amendments to the Land Development Regulations Sections 90-103(5), 90-133(5), 30-163(5) and 90-193(6) all in relation to commercial parking areas within residential zoning districts - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 866 by title only. ,2.a) Motion to approve the first reading of proposed Ordinance No. 866. b) Discussion. c) Vote on motion. ,D.1.a) Motion to read by title only and set August 17, 2004 as a final public hearing date for proposed Ordinance No. 867, regarding amendments to the Land Development Regulations Sections 90-283 providing for inclusion of a House of Worship in a heavy commercial zoning district - City Planning Consultant (Exhibit 5). L b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 867 by title only. • AUGUST 3, 2004 - CITY COUNCIL AGENDA - PAGE 4 OF 4 VIII. NEW BUSINESS CONTINUED. ✓D.2.a) Motion to approve the first reading of proposed Ordinance No. 867. b) Discussion. c) Vote on motion. E. Presentation of the 2003 Fiscal Year Annual Audit Report - Deborah Bradley, Audit Director. F. Motion to approve advertising a 13.16% increase over the roll back rate for property tax - Lola Parker. G. Motion to set the 2005 Fiscal Year Budget Public Hearing dates and tunes - Lola Parker (Exhibit 6). H. Motion to approve an Option to Purchase Agreement between the City of Okeechobee and Robert Meyer - City Attorney (Exhibit 7). Discussion pertaining to Adelphia - Michael Tanck, Adelphia Director of Government and Community Affairs. J. Consider a request to approve off street parking for the Wild Cow Cafe - Tammy and Robert Davis (Exhibit 8). K. Consider a request from the Okeechobee County Chamber of Commerce for financial support in the amount of $50,500.00 - Brenda O'Connor, Executive Director (Exhibit 9). 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. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF CITIES, INC., HONORING DOWLING R. WATFORD, JR. FOR MORE THAN TWENTY YEARS OF ELECTED SERVICE, AND COMMENDING HIM FOR HIS COMMITMENT TO LEADERSHIP IN THE GOVERNANCE OF FLORIDA CITIES, TOWNS AND VILLAGES. WHEREAS, America's municipal governments have long relied upon the unselfish leadership of its citizens for local self government, and Florida's municipal governments share this time- honored tradition as the level of government closest to the people; and WHEREAS, this reliance places extraordinary responsibilities upon its citizen legislators, and municipal elected officials make significant sacrifices of their time and energies on behalf of their citizenry, and often engage in their service for little to no compensation, making this commitment a true labor of love; and WHEREAS, municipal leaders strive for excellence in the governance of each city, town and village, and commit themselves to providing quality services, governing effectively, and working to improve the quality of life; and WHEREAS, several terms in office is a high compliment given by the voters to the official, and with these years of experience comes a strengthening of wisdom, discernment and strong leadership skills, all of which bring tremendous value to the municipal governments of Florida; and WHEREAS, Dowling R. Watford, Jr. has held office in City of Okeechobee for more than twenty years, and is recognized for this achievement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF CITIES, INC.: That Dowling R. WATFORD, Jr .is commended for his dedication to the City of Okeechobee and is hereby recognized as one of Florida's finest public servants. ADOPTED BY THE BOARD ASSEMBLED THIS 13TH DAY OF APRIL, 2004 IN TALLAHASSEE, FLORIDA '-itPy ly.'... ♦ r -yy�ppl.r - `.�" = Office of the Mayor =�'`,'. WHEREAS, Florida Community Health Centers, Inc. is a private, nonprofit corporation that provides high- 401, - comprehensive primary health care to uninsured and medically underserved people in Okeechobee; and'.'r, WHEREAS, Florida Community Health Centers, Inc. has made great strides in expanding access to affordable health care and reducing health disparities while empowering the community to address special needs and decrease the cost of illness through preventive strategies; and WHEREAS, Florida Community Health Centers, Inc. has improved the health status of Okeechobee, promoting health. awareness and providing primary care and preventive health services of the highest quality to reduce preventable deaths, costly disabilities, and communicable diseases; and WHEREAS, Florida Community Health Centers, Inc. serves as a vital safety net delivering care to numerous patients ,{ annually, regardless of insurance status or ability to pay, and contributes to the health and overall economy of the community with health services, jobs, leadership and investment; and WHEREAS, Florida Community Health Centers, Inc. promotes 100% access and zero health disparities to help achieve primary health care for all people. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim August 8 through August 14, 2004 as "NATIONAL HEALTH CENTER WEEK" in the City of Okeechobee and urge our citizens to recognize the important contributions of the Florida Community Health Centers, Inc. in safeguarding health and improving the quality of life for the people of the City of Okeechobee. y' A*i,,( aad awAd fiG .aad ,3i tb g0anl �P� Jpme Kirk, Mayor.. Y Attest: ,{ y• I Lane Ga ioten, City�lerk'''_ F, ate: August 20W'- - w'1[1✓ � - •It i hYa �� .M=i'� 1.�.� t rP" - - J - .. r} A w:, 'i Y -Mp' f sue. Office of the Mayor:°' , w=f 631i eho6ee, Alorala .% EREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stat a; extensive training, courage, and self -concern for the welfare of our citizens; and T'-" ` WHEREAS, in addition to their daily service to communities Fire Fighters throughout the state and aq*s the nation have joined the Muscular Dystrophy Association for the past fifty years in the frght against neuromuscular diseases; and HEREAS, Florida Fire Fighters collected a record breaking $1,427,000 over 300 communities with their 2003 "Fill the Boot" campaign for MDA, again making them MDA's largest source of funding; and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the Okeechobee Fire Fighters for their support and dedication; and WHEREAS, the funds collected by the Okeechobee Fire Fighters assists MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and %k WHEREAS, in honor of the efforts of the Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring Okeechobee Fire Fighters Appreciation Week; and WHEREAS, it is appropriate for all City of Okeechobee citizens to join the Muscular Dystrophy Association in this tribute to our fire Fighters. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of " Okeechobee, do hereby proclaim August 27 through September 6, 2004 as "Okeechobee Fire Fighter Appreciation Week" and commend Okeechobee Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. In witness whereof 1 have hereunto set nW '; _. hand and caused this seal to be atitxbd.-.: Jaiaies E. Kidt, Wa3piI _ Attest:i�'11�; La Gamiotea, city Cf Date: AutJu t 3 '�, '� A :�"tv'�Z.'Z=4a �;'Xiz'*°' -t. v: - ?r.;.':i._ :..a:r✓.�_rY-:,,:i.Ir�+aT�'r''�''�� `,', s+.,� • EXHIBIT 1 AUG 3, 2004 AGENDA ORDINANCE NO. 862 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE SOUTH 30 FEET OF SOUTHEAST 2ND STREET AND THAT UNPLATTED PARCEL AS DESCRIBED HEREIN, BETWEEN 5T" AND 6T" AVENUE, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 2, PAGE 4A, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received a Street Closing Application (No. 72) from Gary Eubanks for the closing of a portion of a certain right-of-way as described in this ordinance to utilize the entire property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, be it ordained by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The right-of-way described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A portion of the 100 foot wide right-of-way (R/W) of Southeast 2nd 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 Bock 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 Page 1 of 2 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 arc of said curve and Northeasterly 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 arc 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. Section Two. In the event that the said applicant or his successor in interest fails to obtain within twenty-four months hereof a certificate of occupancy for development, then said right-of-way shall be declared open and the provisions of this ordinance declared null and void. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Four. This ordinance shall be set for final public hearing the 31 day of Auaust. 2004, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 15th day of June, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED and ADOPTED on second and final public hearing this 3'd day of August, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor MEMORANDUM TO: Mayor Kirk and Council Members FROM: Lane Gamiotea, City Clerk ' SUBJECT: Ordinance No. 862/Street Closing No. 72 DATE: July 29, 2004 This is the final public hearing for Ordinance No. 862 regarding Street Closing Application No. 72 submitted by Gary Eubanks, property owner. Vicki Aaron and Chris Close are representing the applicant. The request is to close a portion of Southeast 2"d Street between 51h and 6th Avenues to make it a 70-foot wide right-of-way. Please see attached map. At the July 20 meeting the adoption of this ordinance was tabled so that the following matter could be cleared up: There was an issue with the ownership of Lot N (North boundary of the street). The correct DOT Plat Map was recorded, a copy was supplied to my office. City Engineer Bermudez has reviewed the map and is satisfied that the City does have ownership of Lot N for right-of-way purposes, and therefore does not object to the Council moving forward with street closing. The plat map will be available at the meeting. If you would like to review it before the meeting, please do not hesitate to come by my office. Thank you. Please type or print: CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION 1004 SW 3rd Avenue Okeechobee, Florida 34974 Not applicable See attached leqal description of proposed closinq Additional land area is required for future development AP0dCAT)ON-NO ,`'"z I� U &I j (nn,l-i12.4 I Note: if property is in two names by the word "and" both signatures are required (for example: Jim and Jane Doe). SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: (�19A� CLvDn/ViS Not applicable Print name: Gary Eubanks 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. �r VIK 1Q N MYcoMMI ary Public, Commission No. DD027331 am ExrIRE&J-26.20W (el ature) 1-00"NMARY ""O`" (Name of Notary typed, printed or stamped) a 3 TDTBvtiX w..e.w.. u. . Pa. 44 Fludd. WARRANTY D9VD—(stnwwry r. mi 7wtl,Lew:Yinfhb/iahers.Ru!/end.N; nox 23 9 Made this TO day of June J. D. 1.9 58 Between J.T.Clamp and Lilian IN Clamp his,wife of the County of Palm Beachi, in the St¢ t f Florida parties of the first part, and D.L.Eubanks ans wife Lavar biay Eubanks i3,4f ysl t of the County of Okeechobee in the State of Florida part ies of the second part, Wltnesseth, that the said parties of the first part, for and in consideration of the sum of Ten Dollars and no/loo to them in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, have 4-anted,; bargained and sold to the said part ies of the second part,i their heirs and assigns forever, the following described land, situate, lying, and being in the County of Okeec hobee State of Florida, to wit: u`'vti Lots K L and 0 of block 252-of -the town of Okeec !hobee,Florida as shown by plat of said-:Gtown recorded in records of Okeechobee County, Florida. This Conveyane a is given a ubject to reservations of records. d S And the said part ies of the first part do herebye ully arrant t titleWhotto said land, and will defend the same against the law,fuL f p In.. Witness Whereof, the said partiie0 of the ftrat part ha Ve hereunto set their hand and seal the day and year Just above written. ` Signed, Sealed end Delivered in Our presence: t State of florida, BOOK 23 PAGE292 County of I HEREBY CERTIFY, That, on this day personally appeared before me,, an o fftcer duly authorized to administer oaths and take aoknoivledgments, J.T.Clamp and Lillian w Clamp his wife to me well known and known to mg to be the individual described in and who executed the foregoing deed, and nave acknowledged before me that executed the same freely and voluntarrillf for th4 purposess� there14 expressed. WITWESS y hand and ofji i.al seal at County o w(� ✓ ,and State of Florida, this /o,; ���� ....• day of G� , ✓1. D. 19 s8 i ^f • i 'I? In 3 My Commission Expires Notary Public f J, •, , Notary Public, State of Florida at forgo 1 ''S 0 •• �••� � My. commission explrer June 1, 1960. �� 1 J HcuvJ*d by American Surety Co. of N. Y. .r,�"' •"M�:•• rT';it.14., -r . N �' b 5 m co m 14 Oil N O rl" O R. U] O CEO cD m�C' eyb � R R Y :'1•Vq � Q �• �i ianoo unow do.N8310 SWVIIIIM '3 S3NAVH 4•ul',!� JI.fii4- 0,61 VIA '41WOO 33800033N4 (WOUS WOd 03-11, 1 FILED FOR RECORD 99 MAY 26 PM 3: 39 t CLERK OF CIRCUIT COURT IN RE: The Estate of L.AVAR M. EUBANKS, Deceased. 1 oROLs•22 rAGE2000 1N THE CIRCUIT COURT OF THE NINIS ITCE 11.1 JUDICIAL CIRCUIT IN AND FOR cOKCECH BGC ru COUNTY, FLORIDA. r•, �° r PROBATE CASE NO.99-19-CP JUDGE: JOHN E. FENNELLY C) ti ' ro c_ co AMENDED ORDER DETERMINING HOMESTEAD REAL PROPER'I'1', AND ORDER OF SUMMARY ADMINISTRATION, (Testate) On the petition of GARY EUBANKS, for an Ordcr Determining I•lomcstcad Real Property ;ttid I'm Sumniary Administration of the Estate of LAVAR iVt EUBANKS, the Court fincfutt that the decedent flied Oil June 13, 1998; that all interested persons have been served proper notice ofhcaring or ha\'e watt r'cd rtout:e thereof; that the material allegations of the petition are true; that the decedent was dOIlliCiled to Okeechobee County, Florida, at the time of decedent's death; that decedent was survived by one or more lineal descendants; and that at the time of decedent's death, decedent owned real property described in the petition upon which decedent resided; that decedent's estate qualifies for summary administration. it is thercl'ure. ORDERED and ADJUDGED: I THAT the following described property' Lots K and L of Block 252, of the town of Okeechobee, Florida as shin<'n by the plat ol'said town recorded in records of Okeechobee County, Florida. 'Together with a Hiticrest Mobile Horne IDN 0261IG5GG, ritic N55021 15 constituted the homestead of decedent within the mcantne uJ'Section 4 of Arttcic h of the Centstttuutut of the State of Florida: - ove-described property descended to decedent's lineal dcsccnd;mts and 2. THAT title to the ab that there be immediate distribution of said property to GARY EUBANKS, as to 100%interest. free ttl':ut) claims by decedent's creditors 17(W-3IJ50 WPM to B' KPO 4 2 2 PAGE2 0 0 1 DONE AND ORDERED thisay of 1 1999. i0q�N' FENN LLY Cir 7-judge copies furnished to: Laura Ann McCall, Esquire CD Zcr 0 U LA U 0 cc —U C%,J 00 0-1 CY) Cl) IN95-31350 WPOI A'. MAY.18.2004 9:24AM CONELY & CONELY PA No.15c P.E Proposed Right -of -Way Abandonment Parcel; A portion of the 100 foot wide right-of-way (RIW) of SE 211d Street (formerly known as Seventh Street) and a portion of the farmer, but now abandoned, ri&-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: BEGMNING 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, ran 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 corner 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 12155 feet East of the aforesaid Northwest corner of Lot 'Z" in Block 252; Thence departing said arc of curve, ran West along said North line of Lot "L" in Block 252, a distance of 123.55 feet to said Northwest comer of Lot "L" is Block 252 and the POINT OF BEOINNs1Cr. Said parcel of land containing 10,344 square feet, more or less. 01 Authorized Signature° 0 L7Ur nq 06d(i p ,-- Typed Name & Trttle 5 FF2W�- 1kptS • y (,--7-3 -2a Sr Phone No. La�'Lr L�� 1- 84-3-452--3185 Typed Name & Tltle Phone No. Acleliiiia�hCab'�e�""` �jp p �� fjON 707N'�IN:`�7t��A Okekhopee `FL`3 972 Authorized SignattLfy Typed Name & Tit16 s bs/o y Date I 05�15/ Date I 7') r'e--r7"e-7— �67-7G1-�3� S15/�' Phone No. Date Alo `(%r0" " S&4 e- Ln .Je t j.J -rAw- A &IA• Ge . S r D E.�EO 7ro c �gRnr mcnrC - Ne o$�cs�tc•o+'s S•-LI -o'F Typed Name & Title Phone No. Date Required Onl For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: Jr a G i T {{,q y u c,e Ttu T /"//1 9 JT�f ✓ e, A �/ /N7%ttr-%- / �/ o it I •18 ... , . r.. 4` . /jC40-7-,euY-TtL .�� N.C. C�u/.S•etrt,�f ,PL37L33N'f J s/•o5� Authorized Signature Typed Name & Title Phone No. Date a 0 f Page 3 APPddAtiokii •INSTI�U�7101VS„�A�4afPage�`1 �i• x�°•�c�hl�ted�lij��ppl�cant::Rr3ttfi�ti,en�tte`'a�3`�ill�� ' =i }}fi�b •sF7 .��.x.e-.. n (ram,'• }�rC'�'�;ts::•� .... � w.::c-. 5• .• a gtorthe:Ci �C��tk�s�Off�cer�;Tl�'� ��, ld �drt`�f�e;i�'.�tien.p d. THE•.CLEF�k.S;b���,C� 4C,S,tf'' >`' ;cc:f''kr••.1. See attached Memorandum ?; "UtF'AK I.MtIV i , s� Authorized Signature Date Authorized Signature Date Donnie Robertson, Public Works Director Oscar Bermudez, Engineer Typed Name & Title Typed Name & Title atA4^ No comments or objections. POLICE DEPARTMENT-`. �Cuthorized Signature Tommy Raulerson, Major Typed Name & Title Cry No comments or objections. FIRE.; DEPARTMENT �3�`''• Authorized Signature William Douglas, Battalion Chief Typed Name & Title 5-25-04 Date 5-25-04 Date :. -7,e en5ih�rY vascs iss ��// // ADMINISTRATIOa.Ive'SsaJ�4r0vo Authorized Signature Date Bill Veach, City Administrator , Typed Name & Title APPLICATION APPROVED BY: LAN GAMITO�A, CITY CLERK D E ' Revived 4003-10 /0 • • 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. Street Closing Applicatioi o. 72 6 5113121 1 6 s 4 3 IQ 413121 1 Subject Street 7 8 9 1 1 11 112 7 8 9 1 11 1 5 1617181 81 9 Surrounding Closed Alley's i 6 S 4 3 2 1 v 615[4],312 1 Q 6 5 4 3 2 1 Surrounding Closed Streets o n i n 0 7i 111 — 7 8 9 011 7 8 9 1 111 7 8 9 1 111 W 7I8I9� 111: NE W Z o Z 1 6 J41-3]21 1 B615143 6 543 2 1 65 43 21 65 4321 h54 2 1 1 7 8 9 1 11 7 8 9 1 111 EE / 10 1� 6 5 .413] 2 1 6 5 4 3 2 1 6 5 4 3 2 1 d 5 4 H 2 t 6 5 4 3 2 1 11 2 7891 t1t 789 7819 11 Y891 111 7891 111 ,RK ST 0 Nokr4 EAST PARK,ST (SR -70 EAST') P - A ,� .� > E Burger — — ti 1 3 � f9 E L N King 32 j;�c sT (�o') 4 7 1131, 4, i A■ 4 3 1 S 6 t=i R A 7 46 3 L L C 8 @ 6 5 4 03 2 1 3 4 S 6 IFPt, Substatio c C 9 tV - D 10 0 11 _77 4 [41+1 1 6S432 1 65432 1 L H t3 1 2 3 �• 1 8 o 2S2 11 1 r` 7 8 9 11 Residences K J 2 10 9 ra 3 i5 14 13 SED -N 4 16 12 11 12 1 11 3 i� 8 S 4 3 2 1' 6 1 S [41d 2 A 1312t 1 5 17 10 C 14 Homes 6 18 9 t6 15 �89 111 1718 9 111 32 S167A 8 4 SE 4TH ST "(100') 9 21 6 4� Sal 20 j 5 21 J 9 4 3 2 1 6 12 11 9 8 7 61514131211 10 22 22 6 11 23 4 23 3 2 1 j 7891 11 789432 1 21 12 24 5TH ST 7Q 14 ss 3 4 2 , 5 � 55432 1 65432 1 b1l21t 987834321 1g 27 6' 1 16 6 28 7 7 8 9 1 7 8 9 11 1 1 1 1 21 17 29 30 8 9 10 11 1 2 3 6TH ST 7Q 1 t o 31 • • EXHIBIT 2 AUG 3, 2004 AGENDA PROCLAMATION NOTICE OF GENERAL CITY ELECTIONS CITY OF OKEECHOBEE, FLORIDA NOVEMBER 2, 2004 WHEREAS, under and by virtue of the provisions of the Charter of the City of Okeechobee, and Florida State Law, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided there in. NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIM AND DECLARE that a GENERAL CITY ELECTION be held by the duly qualified electors of the City of Okeechobee, Florida, on Tuesday, November 2, 2004, during the regular hours of voting, towit: from 7.00 a.m. to 7:00 p.m., for the purpose of electing the following officers to serve as such for four (4) years beginning January 4, 2005 and ending January 6, 2009 following such election or until their successors are elected and qualified. TWO (2) COUNCIL MEMBERS Said election shall be held in the County polling or voting places within the Municipal precincts of the duly qualified City electors, which precincts have been established by the Okeechobee Board of County Commissioners and Supervisor of Electionsfor the General Election of Okeechobee County. IN TESTIMONYAND WITNESS of the foregoing Notice of Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal of said City to be affixed, and attested to by the City Clerk, this 3rd day of August , 2004. James E. Kirk Mayor ATTEST. Lane Gamiotea City Clerk • • EXHIBIT 3 AUG 3, 2004 AGENDA ORDINANCE NO. 865 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MOBILE HOME (RMH) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY ONE (RSF-1) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 04-007-R) pursuantto the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.67 acre(s) from Residential Mobile Home (RMH) Zoning District to Residential Single Family One (RSF-1) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: Lots K and L, Block 252, First Addition to the City of Okeechobee, according to the plat thereof as recorded in Plat Book 2, Page 4A, 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 Mobile Home (RMH) Zoning District to Residential Single Family One (RSF-1) 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 3'd of Auaust, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 17" day of August, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 0 • City of Okeechobee 'Date: O M o) Petition No. O T' • 001 - Q- General Services Department I Fee Paid: ' J00 0 Jurisdiction: Pb I cc 55 S.E. 3" Avenue, Room 101 I tst Hearing: � l `�'l `�� 2nd Hearing: 3131 E i ( l Io' Okeechobee, Florida 34974-2903 Phone: (863) 763-3372 I ext. 218 Publication Dates: rt' G {- Iq 12/r4 p8 - 0//3- ee, Fax: (863) 763-1686 _ _ _ I Notices Mailed:_ _ Uniform Land Use Application Rezone • Special Exception • Variance ✓ Name of property owner(s): Gary Eubanks A Owner mailing address: 1004 SW 3rd Avenue P P Name of applicant(s) if other than owner (state relationship) L I Applicant mailing address: 301 NW 4th Avenue L Okeechobee, FL 34974 Close Construction — buyer Okeechobee, FL 34972 A I Name of contact person (state relationship): Vikki Aaron — agent N T I Contact person daytime phone(s): 863-467-4768 Fax:863-467-4618 P R O P E R T Y Property address / directions to property: 500 Block of SE Second Street Indicate current use of property: vacant residential (mobile home) Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): One (1) unoccupied mobile home Approximate number of acres: 1.67ac . Is property in a platted subdivision? Yes Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: No Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: Yes _ Gary Eubanks/Close Construction — street closing Is a sale subject to this application being granted? No Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Yes Describe adjoining land uses / improvements to the North: FP&L sub station South: Residential East: West: Residential Existing zoning: RMH Future Land Use classification: Single Family Actions Requested: (xX) Rezone (_) Special Exception (__) Variance Parcel Identification Number: R3-21-37-35-0020-02520—OOLO & OOMO ✓ 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 $500.0 and im isonment of up to 30 days and may result in the summary denial of this application. Chris Close June 28, 2004 Signature Printed Name Date Uniform Land Use Application (rev. 1103) Page 1 of 2 R E Z O N E S P E C I A L E X C E P T I O N V A R I A N C E Current zoning classification: RMH Requested zoning classification: RSF1 What is your desired permitted use under the proposed classification: Construction of six (6 ) single family residences If granted, will the new zone be contiguous with a like zone? Yes Is a Special Exception necessary for your intended use? No Describe the Special Exception sought: Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: Variance? No Why would granting your request be in the best interest of the area and residents? If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Describe Variance sought: Describe physical characteristic of property that makes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application (rev 1/03) Page 2 of 2 Gary Eubanks — Property Owner Close Construction —Applicant Applicants Statement of Interest in Property Gary Eubanks currently owns Lots K and L, Block 252, First Addition to the City of Okeechobee according to the plat thereof as recorded in Plat Book2, Page 4A, Public Records of Okeechobee County, Florida. The applicant, Close Construction intends to purchase the property and construct six (6) single-family residences. The sale of the property is tentatively scheduled for September, 2004. i FILED FOR RECORD err CVI1UTY. FL;. 99 MAY 26 PM 3- 39 �nt,kUrl RuUE1 i -(" CLERK OF CIRCUIT COURT IN RE: The Estate of LAVAR M. EUBANKS, Deceased. e1�0422 PAGE2000 IN THE CIRCUIT COURT C F THE NINETEE TH JUDICIAL CIRCUIT IN AW FOR AKEEcH ,n&E COUNTY, FLORIDA. PROBATE CASE NO:99-19.CP 1K? ' 'Q JUDGE: JOHN E. FENNELLY T= N •.;p AL n L" c,, z <o On the Petition of GARY EUBANKS, for an Order Determining Homestead Rent Property and for Summary Administration of the Estate of LAVAR M. EUBANKS, the Court findin 1 that the decedent died on June 13, 1998, that all interested persons have been served propernotice of hearing or have waived notice thereof; that the material allegations of the petition are true: that the decedent was dog niciicd in Okeechobee County, Florida, at the time of decedent's death; that decedent was survived t y one or more lineal descendants; and that at the time of decedent's death, decedent owned real property dl !scribed in the petition upon which decedent resided; that decedent's estate qualifies for summary adminis ration, it is therefore. ORDERED and ADJUDGED: I THAT the following described property: Lots K and L of ©lock 252. of the town of Okeechobee, Florida is shown by the plat of soi t town recorded in records of Okeechobee County, Florida. Together with a HiIIcrest Mobile Home IDN 0261 1656G, 'fit It 055621 15 constituted the homestead of decedent within tac meaning of Section 4 of Article X t f the Constitution of the State of Florida. 2. THAT title to the above -described property descended to decedent's Ii. teat descendants and that there be immediate distribution of said property to GARY EUBANKS, as to 1000J 1 interest, free of any claims by decedent's creditors. two�•)uto wrnl ' fit. ,�11 , !�!'•, rM ,� 1'� � �: .•4''1tf 4W •R •7 �4I ,�,, • t ttit I ,Nay. , k1` ' 1 ,J I IV!•k ��•'l•tj'�')� ir. dr.. ♦r: ".•"`•s :,�- ,0 OW es0422 WE2001 DONE AND ORDERED this 25: day of _. 1999. JO� FENN LLl copies furnished to: Circ Judge Laura Ann McCall, Esquire t� p 2a am NO or m� c._ O U c N x¢ VO 01 _IL 0' i N _r U (V CD 17995J 13'0 N rot fit. '�.; y .; ^t�' +. .• } . i . Wry ' Aw CITY OF OKEECHOBEE General Services Department 55 S.E. Third Avenue Okeechobee, FL 34974 Phone: (941) 763-3372 Fax: (941) 763-1686 Land Use Power of Attorney Name of Property Owner(s): Gary Eubanks (Mailing Address: 1004 S.W. Third Avenue Okeechobee, Florida 34974 Home Telephone: Work Telephone: 863-467-1117 (Phyl iss ) Property Address: 500 Block of S.E. Second Street Property I.D. Number: R3-21-37-35-0020-02520-OOLO and OOMO Name of Applicant: Close Construction Home Telephone: Work Telephone: 863-467-0831 The Undersigned, being the record title owners of the real property descri 3ed above, do hereby grant unto the Applicant stated above the foil right and power of attorney to make application to the Ci_t;.y_, of Okeechobee to change the land use of said property. This land use char ge may include rezoning of the property, the granting of special exceptions or variances, and appeals o ' decisions of the General .Services Department. It is understood that conditions, Limitations and restrictions may be placed upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceedin ; to rezone the property to the original classification. This power of attorney may be terminated or ly by a written and nnrari7,ed statement of such termination effective upon receipt by the IN ATI"NESS WHEREOF THE UNDERSIGNED HAVE SET 1�LR HANDS AND SEALS THIS ,Zg DAY OF , ) c t` n o - � 7-04q Owner'- Wi ess Owner Witness Before me the undersigned authority personally appeared the owners named above who upon being duly sworn acknowledged before me that they are the owners of the real property descnb, sd above and that they executed the power of attorne for the purposes stated therein. Sworn and subscribed t his day of J i 19�- -r ns �r.,y' Bey Ammo �Q MY Corn fK pn 002"" SEAL i . � ` Notary Iic rur wd� Expires March 27 2008 Commission Expires: Ar Gary Eubanks — Property Owner Close Construction — Applicant Legal Description Pertaining to Proposed Change in Zoning Lot L and Lot K, Block 252, First Addition to the City of Okeechobee, according to the plat thereof as recorded in Plat Book 2, Page 4A of the Public Records of Okeechobee County, Florida M A portion of the 100 foot right-of-way (R/W) of SE 2nd 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 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 comer of said Lot "L" in Block 252, said corner 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 arc of said curve and Northeasterly 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 arc 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. F_Map Page 1 of 1 r —v N203-7 2 I I �r 1 R A rr 253 5 4 3 2 1 9 4 5 6 7 8 p 252 C `g 50 7D 0 0 1070 y i� STREET 3s ff to _ R 2s2 ( 12 5I4I3I2 1I 6 5 4I3 1 G I I 13 M co 1 I 1 I} 2 ., 8 9 1011 12 7 9 10 12 K o 50 0 50 ) f 3 i 3^2 ` 60�� 4 n 210-1 3 2 1 5 4 3 2 s 4 14A S g 16i -1 252.30 47 7 A 2.66 AC 6 n Gary Eubanks - Property Owner Close Construction - Applicant Location sketch of subject property and surrounding area within 100' of subject property. http://www.okeechobeepa-com/GIS/F_Map.asp 6/28/2004 Gary Eubanks — Property Owner Close Construction — Applicant Statement of Special Reasons and Basis for Request The subject property is currently zoned Residential Mobile Home (RMH) and lies within the Single Family future land use classification. The applicant, Close Construction intends to purchase the property for the purpose of developing a small residential subdivision. The subdivision will consist of six (6) lots. The existing zoning classification of Residential Mobile Home does not permit conventionally built homes. In accordance with the City of Okeechobee Unified Land Development Code, a change in zoning will be required to allow the proposed development. The applicant is requesting a change in zoning from the existing classification of Residential Mobile Home (RMH) to Residential Single Family-1 (RSF-1). The proposed change in zoning to the RSF-1 district is consistent with the area and compatible with the established land use pattern. Gary Eubanks — Property Owner Close Construction — Applicant Statement of Intended Use, Nature of Activities and Development of Property The subject property is currently zoned Residential Mobile Home (RMH) and lies within the Single Family future land use classification. The applicant, Close Construction intends to purchase the property for the purpose of developing a small residential subdivision. The subdivision will consist of six (6) lots. The existing zoning classification of Residential Mobile Home does not permit conventionally built homes. The applicant is requesting a change in zoning from the existing classification of Residential Mobile Home (RMH) to Residential Single Family-1 (RSF-1) to accommodate the proposed use. The proposed change in zoning to the RSF-1 district is consistent with the area and compatible with the established land use pattern. In addition to the rezoning, the applicant is in the process of abandoning a portion of the adjacent street. A re -plat of Lots L & K will also be required to create six (6) building sites. Upon final approval of the street closing, rezoning and platting process, the applicant will begin construction of all six (6) homes. r1 U • Gary Eubanks — Propefty Owner Close Construction — Applicant Statement Addressing Existing Use of Surrounding Property Immediately to the North of the subject property is a Florida. Power and Light sub -station. Further North are a variety of commercial uses. To the East of the subject property is residential development. To the West of the property are residential and commercial uses. To the South of the subject property is developed residentially. BLOCK 253 BLOCK 254 BOUNDARY SURVEY PREPARED FOR CLOSE CONSTRUCTION BLOCK 252 M - !i !pD �t err-..•���1� ` �`� - I 7 I ii )fffe■ I 1 _v ` BLOCK 2I-- t_ I TOTAL AREA I'>� i� BL �gCK 252 II 1.67f ACRES !` I I I I y �=+dr al^ / 3L0CN •A' 1 -L4T30 P.Z. 40131 °L>T 30JM L. 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A1fIA4Y ffA'!p wa M AffMr yt � IIiM � AAf1Il0 PRVHAW Fm Mnazolf let v! f M mfwfler RD�j ^�> il O,sr�yLrSCALE 1375 Jackso�treet, Suite 206 Fort Myers, Florida 33901-2845 : Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a,att.net Staff Report Rezoning Request Prepared for: City of Okeechobee Applicant. Close Construction Owner: Gary Eubanks From: Residential Mobile Homes (RAC to Residential Single Family I (RSF-1) Petition No. 04-007-R Staff Report Rezoning Request General Information Applicant: Applicant Address Applicant Phone Number: Contact Person Owner: Owner Address: Future Land Use Map Classification Zoning District Use of Property Acreage Access Applicant: Close Construction Petition No. 04-007-R Close Construction 301 NW 4`" Avenue Okeechobee, FL 34972 863-467-4768 Vikki Aaron - Agent Gary Eubanks 1004 SW 3ta Ave Okeechobee, FL 34974 Single Family Single Famiy RMH RSF1 Unoccupied Mobile Home Six Single Family Homes 1.67 SE 2"° St, SE 5t' Ave and SE 6"' Ave Location: 500 Block of SE Second Street Legal Description: Lots K and L, Block 252, First Addition to the City of Okeechobee, according to the Plat thereof as recorded in Plat Book 2, Page 4A,Public Records of Okeechobee County, FL Request: The applicant is requesting a rezoning from Residential Mobile Home (RMH) to Residential Single Family 1 (RSF1) for property located on the 500 Block of SE 2"d Street. The subject property consists of approximately 1.67 acres and is vacant. e to North: Future Land Use Map Classification: Single Family Zoning District: RSF-1 1 Existing Land Use: FPL Sub Station 1 1 East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification Zoning District: Existing Land Use: Single Family RSF-1 Single Family IRMH I Residence (PAGE } • Staff Report Rezoning Request West: Future Land Use Map Classification Zoning District: Existing Land Use: Applicant: Close Construction Petition No. 04-007-R Multi -Family RMF Residence The applicant intends to purchase the subject property in September 2004 and develop a small residential subdivision. The subdivision will consist of six (6) lots with one (1) dwelling unit on each lot. The applicant is in the process of abandoning a portion of the adjacent street and then re -platting both Lots K and L to create the six (6) lots. In the application submitted, the applicant has stated that the current zoning classification of RMH does not permit conventionally built homes and thus requests a RSF 1 zoning designation. The proposed zoning district would be consistent with the Future Land Use Classification of the property. I Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed use is not contrary to the Comprehensive Plan requirements. This property is designated Single Family on the Future Land Use Map and this rezoning will bring the zoning into consistency with the Future Land Use Map. More specifically: Objective I (Future Land Use Element). { SEQ CHAPTER \h \r 1}Objective 1: The location of future development in the City of Okeechobee shall continue to be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and topography. Policy 2.1: The following land use designations are established for the purpose of managing future growth: a) Single -Family Residential. Permitted uses are one single-family dwelling on each lot and structures accessory to the residential use, mobile home parks and public facilities. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. {PAGE } Staff Report Applicant: Close Construction Rezoning Request Petition No. 04-007-R Objective 10 (Future Land Use Element) { SEQ CHAPTER I \r 1)Objective 10: The City of Okeechobee shall continue to promote the various and innovative land development techniques. Policy 10.1: The City shall continue to amend and enforce its land development regulations to encourage development techniques which mix and distribute land uses to accomplish the following: a) make the most efficient possible use of existing facilities; b) recognize and preserve distinctive natural features of the development site; c) protect environmentally sensitive areas within the site; d) preserve open space; e) meet specific needs of the City, such as affordable housing; and f) promote a sense of pride and community for its residents. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. No, 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. The use seems to be appropriate for the location proposed, and is reasonably compatible with adjacent land uses. The use is not contrary or detrimental to urbanizing land use patterns. {PAGE } • • Staff Report Rezoning Request Applicant: Close Construction Petition No. 04-007-R 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 should not adversely affect property values or living conditions of adjacent property. 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 buffered from surrounding uses. However, it is not required to be. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, the proposed use will not overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No, the proposed use will not affect public safety. 9. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, the proposed change would not grant special privileges to the owner. Summary and Recommendation Staff recommends approval of the request to allow rezoning from Residential Mobile Home (RMH) to Residential Single Family (RSF-1), permitting the applicant to develop a residential subdivision. However, all single family units must meet appropriate lot condition outlined in the Land Development Code for the Residential Singe Family One Zoning District. Submitted by: James G. LaRue, AICP Planning Consultant July 6, 2004 (PAGE } AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 04-006-R. Consider a recommendation to the City Council to rezone the property located at 805 NW 9th Street from Residential Multiple Family (RMF) to Industrial (IND). Dan Buchanan is the property owner and applicant - Exhibit 1. B. Rezoning Petition No. 04-007-R. Consider a recommendation to the City Council to rezone the property located within the 500 Block of SE 2nd Street from Residential Mobile Home (RMH) to Residential Single Family -One (RSF- 1). Gary Eubanks is the property owner, Chris Close is the applicant, Vikki Aaron is acting as agent on behalf of the applicant - Exhibit 2. n July 27, 2004 - Planning Board - Page 2 of 4 ACTION - DISCUSSION - VOTE This petition was not considered due to the recommendation to deny the Comprehensive Plan, Future Land Use Map Amendment. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Summary of Application: The applicant intends to purchase the subject property in September 2004 and develop a small residential subdivision. The subdivision will consist of six (6) lots with one (1) dwelling unit on each lot. The applicant is in the process of abandoning a portion of the adjacent street and then re -platting both Lots K and L to create the six (6) lots. In the application submitted, the applicant has stated that the current zoning classification of RMH does not permit conventionally built homes and thus requests a RSF 1 zoning designation. The proposed zoning district would be consistent with the Future Land Use Classification of the property. 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. This property is designated Single Family on the Future Land Use Map and this rezoning will bring the zoning into consistency with the Future Land Use Map. More specifically: Objective 1: The location of future development in the City of Okeechobee shall continue to be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and topography. Policy 2. 1: The following land use designations are established for the purpose of managing future growth: (a) Single -Family Residential. Permitted uses are one single-family dwelling on each lot and structures accessory to the residential use, mobile home parks and public facilities. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. Objective 10: The City of Okeechobee shall continue to promote the various and innovative land development techniques. Policy 10.1: The City shall continue to amend and enforce its land development regulations to encourage development techniques which mix and distribute land uses to accomplish the following: make the most efficient possible use of existing facilities; recognize and preserve distinctive natural features of the development site; protect environmentally sensitive areas within the site; preserve open space; meet specific needs of the City, such as affordable housing; and promote a sense of pride and community for its residents. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land • EXHIBIT 4 AUG 3, 2004 AGENDA ORDINANCE NO. 866 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTIONS 90-103(5) OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90,-133(5) OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-163(5) OF THE LAND DEVELOPMENT REGULATIONS, AND SECTION 90-193(6) OF THE LAND DEVELOPMENT REGULATIONS, DELETING SPECIAL EXCEPTIONS ALLOWING OFF- STREET PARKING AND ACCESS TO A COMMERCIAL ENTERPRISE IN A COMMERCIAL ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations, and included requirements for parking and loading; and for off-street parking, in various zoning or use districts within the City; and WHEREAS, upon review of same, the City of Okeechobee, through staff analysis, has determined that residential lots should not be used as accessory parking for Commercial uses; and WHEREAS, the City of Okeechobee has determined that setting forth specific parking and off -site restrictions for commercial uses are in the best interests of the City of Okeechobee, and an appropriate and necessary promulgation of its authority; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. Sections 90-103, 90-133, 90-163 and 90-193 of Ordinance No. 716 be amended as follows: Sec. 90-103. Special exception uses. The following uses and structures are permitted in the RSF-1 district after the issuance of a special exception use petition: (1) Boardinghouse. (2) Adult family care homes or assisted living facilities as provided by law. (3) Guesthouse, servant's quarters, or pool house, provided that the lot area shall be not less than 12,500 square feet. (4) House of worship, on a lot less than five acres. (5) Off-street parking and secess to a eernmereial enterprise in -a distriet.rV 1111111i1 NICA . (G 8) Community center. (7 6) Indoor recreation. (S 7) Outdoor recreation. (9 8) Golf course. (10 9) Public utility. (++ 10)Permitted uses in excess of 30 feet in height. (LDR 1998, § 322; Ord. No. 781, § 1, 10-2-2001) Page 1 of 3 Sec. 90-133. Special exception uses. The following uses and structures are permitted in the RSF-2 district after issuance of a special exception use petition: (1) Boardinghouse. (2) Adult family care homes or assisted living facilities as provided by law. (3) Guesthouse, servant's quarters, or pool house, provided that the lot area shall be not less than 12,500 square feet. (4) House of worship on a lot less than five acres. (5) Off-street parking and seeess to--,.; --40 :.al enterpri zoning distriet. (6 5) Community center. (7 6) Indoor recreation. (S 7) Outdoor recreation. (94) Golf course. (40 9) Public utility. (+4.10)Permitted uses in excess of 30 feet in height. (LDR 1998, § 332; Ord. No. 781, § 2, 10-2-2001) Sec. 90-163. Special exception uses. The following uses and structures are permitted in the RMH district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Adult family care homes or assisted living facilities as provided by law. (2) Day care center. (3) House of worship on a lot less than five acres. (4) Recreation vehicle park for transient recreation use only. (G) Off-street parking and aeeess to a -- .mmzx i l p 'V V I \ \IV11:.\ Vlttl zening distriet. (6-5) Community center. (7 6) Indoor recreation. (8 7) Outdoor recreation. (9 8) Golf course. (+E) 9) Public utility. (LDR 1998, § 342; Ord. No. 781, § 3, 10-2-2001) Sec. 90-193. Special exception uses. The following uses and structures are permitted in the RMF district after issuance or a special exception use petition and may have additional conditions imposed at the time of approval: (1) Guesthouse, provided that the lot area shall be not less than 12,500 square feet. (2) Boardinghouse. (3) Group home. (4) Day care center. (5) House of worship, on a lot of less than five acres. VV\I 11 lll+ VVI111\\\!1 Vlt�l� (7 6) Community center. (6 7) Indoor recreation. (9 8) Outdoor recreation. (+E) 9) Public utility. (++10)Permitted uses in excess of 45 feet in height. (4Z11)Residential migrant housing facility. (4312)Adult family care homes or assisted living facilities as provided by law. (LDR 1998, § 352) Page 2 of 3 Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. 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 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 3`d of August, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 17th day of August, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 July 27, 2004 - Land IV. • 0 AGENDA - New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 04-005- SSA, continued. B. LDR Amendment. Consider a recommendation to the City Council to amend Section 90-103 (5) of the Land Development Regulations specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district - Exhibit 2 - City Planning Consultant. C. LDR Amendment. Consider a recommendation to the City Council to amend Section 90-133 (5) of the Land Development Regulations specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district - Exhibit 3 - City Planning Consultant. ACTION - DISCUSSION --'VOTE Agency - Page 3 of 6I Agency Member T. Keller motioned to recommend to the City Council to deny Petition 04-005- SSA due to being inconsistent with the Comprehensive Plan; seconded by Agency Member Hoover. VOTE HOOVER -YEA JONES-YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Jim LaRue briefly explained the request. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to the City Council to amend section 90-103 (5) specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district; seconded by Agency Member T. Keller. VOTE HOOVER - YEA JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Jim LaRue briefly explained the request. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to the City Council to amend section 90-133 (5) specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district; seconded by Agency Member T. Keller. July 27, 2004 - Land Planning Agency - Page 4 of 6 ., - _ - :yi�."zr_- ',:n.::.. ... _...a. � �,�.� _ ..•�;,.=-i If�CU ._ - �CTIO �,�--- IV. New Business, continued. LDR Amendment. Consider a recommendation to the City Council to amend Section 90-133 (5), continued. D. LDR Amendment. Consider a recommendation to the City Council to amend Section 90-163 (5) of the Land Development Regulations specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district - Exhibit 4 - City Planning Consultant. E. LDR Amendment. Consider a recommendation to the City Council to amend Section 90-193 (6) of the Land Development Regulations specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district - Exhibit 5 - City Planning Consultant. VOTE HOOVER - YEA JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Jim LaRue briefly explained the request. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to the City Council to amend section 90-163 (5) specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district; seconded by Agency Member T. Keller. VOTE HOOVER - YEA JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Jim LaRue briefly explained the request. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to the City Council to amend section 90-193 (6) specifically regarding off-street parking and access to a commercial enterprise in a commercial zoning district; seconded by Agency Member T. Keller. July 27, 2004 - Land Planning Agency - Page 5 of 6 AGENDA' —' JI ACTION DISCUSSION - VOTE IV. New Business, continued. E. LDR Amendment. Consider a recommendation to the City Council to amend Section 90-193 (6), continued. F. LDR Amendment. Consider a recommendation to the City Council to amend IV Section 90, Article 3, Division 8 of the Land Development Regulations specifically regarding churches in a Heavy Commercial zoning district- Exhibit 6 - City Planning Consultant. • G. LDR Amendment. Consider a recommendation to the City Council to amend Section 90, Article 2 of the Land Development Regulations specifically regarding nonconforming structures - Exhibit 7 - Attorney Cook. VOTE HOOVER - YEA JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Jim LaRue briefly explained that a church is not listed as a permitted use or special exception use in Heavy Commercial zoning district. Mr. LaRue recommended that it be listed as a special exception use. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to the City Council to amend Section 90, Article 3, Division 8 specifically regarding churches in a Heavy Commercial zoning district; seconded by Agency Member T. Keller. VOTE HOOVER - YEA JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Attorney Cook briefly explained the request. He recommended that under a change of ownership, leasing to a new tenant, or change of use all non -conforming structures be brought up to code. There will be added language regarding special cases or considering exceptions on a case by case basis. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to City Council to amend Section 90, Article 2 of the Land Development Regulations specifically regarding nonconforming structures; seconded by Agency Member T. Keller. • • EXHIBIT 5 AUG 3, 2004 AGENDA ORDINANCE NO. 867 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY ARTICLE III, DIVISION 8, SECTION 90-283 SPECIAL EXCEPTION USES, PROVIDING FOR INCLUSION OF HOUSE OF WORSHIP; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations, and included requirements for special exceptions or use districts within the City; and WHEREAS, upon review of same, the City of Okeechobee, though staff analysis, has determined that additional special exception uses should be specifically addressed within these regulations; and WHEREAS, the City of Okeechobee has determined that setting forth additional special exception uses are in the best interests of the City of Okeechobee and an appropriate and necessary promulgation of Its authority; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. Sections 90-283 Special Exception Uses be amended as follows: Sec. 90-283. Special exception uses. The following uses and structures are permitted in the CHV district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) M (LDR Drive -through service. Auto service station, car wash. Wholesale, warehouse not including bulk storage liquids. Enclosed warehouse and storage. Outdoor sales and storage, building trades contractor. Flea market. Mechanical and repair services. Commercial outdoor recreation. Veterinary service. Crematory. Marina, dock, pier. of flammable Recreational vehicle park, for transient recreation use. Radio, television or cable reception, transmission or operational facilities. Public facility or use. Public utility. Permitted uses in excess of 45 feet in height. One dwelling unit per commercial building, bedrooms or 800 square feet. Outdoor vehicle sales lot. House of Worship. 1998, § 382) not exceeding two Page 1 of 2 Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. 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 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 3`d of August, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 17th day of August, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 IV. 9 • -AGENDA New Business, continued. E. LDR Amendment. Consider a recommendation to the City Council to amend Section 90-193 (6), continued. F. LDR Amendment. Consider a recommendation to the City Council to amend Section 90, Article 3, Division 8 of the Land Development Regulations specifically regarding churches in a Heavy Commercial zoning district- Exhibit 6 - City Planning Consultant. G. LDR Amendment. Consider a recommendation to the City Council to amend Section 90, Article 2 of the Land Development Regulations specifically regarding nonconforming structures - Exhibit 7 - Attorney Cook. July 27, 2004 - Land Planning Agency - Page 5 of 6 ACTION - DISCUSSION - VOTE VOTE HOOVER - YEA JONES-YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Jim LaRue briefly explained that a church is not listed as a permitted use or special exception use in Heavy Commercial zoning district. Mr. LaRue recommended that it be listed as a special exception use. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to the City Council to amend Section 90, Article 3, Division 8 specifically regarding churches in a Heavy Commercial zoning district; seconded by Agency Member T. Keller. VOTE HOOVER - YEA JONES-YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MOTION CARRIED. Attorney Cook briefly explained the request. He recommended that under a change of ownership, leasing to a new tenant, or change of use all non -conforming structures be brought up to code. There will be added language regarding special cases or considering exceptions on a case by case basis. There was no discussion from the Agency Members and no public comment. Agency Member Hoover motioned to recommend to City Council to amend Section 90, Article 2 of the Land Development Regulations specifically regarding nonconforming structures; seconded by Agency Member T. Keller. . • • HOYMANI DOBSON & COMPANY, P.A. ACERTIFIED PUBLIC ACCOUNTANTS 1 ,,, .. ,i:, �uim i::.a awidaw'i-•. Vim,. ,.. ,. 275 Boytree Drive, Melbourne, Florida 32940, 32 1-255-0088, Fax 32 1-259-8648, www hoymon corn Charles W Hayman, ]r Barbara] Oswalt Thomas l Ki[, Karen E K,rkland Deborah A Bradley DIRECTOR EVERITU' Roger W Dobson Eugene K Blerning Honorable Mayor and Members of City Council The City of Okeechobee, Florida We have audited the general purpose financial statements of the City of Okeechobee, Florida for the year ended September 30, 2003, and have issued our report thereon dated February 25, 2004. Professional standards require that we provide you with the following information related to our audit. Our Responsibility under Generallv Accented Auditing Standards and Government Auditing Standards As stated in our engagement letter dated August 29, 2001, our responsibility, as described by professional standards, is to plan and perform our audit to obtain reasonable, but not absolute, assurance about whether the general purpose financial statements are free of material misstatement. Because of the concept of reasonable assurance and because we did not perform a detailed examination of all transactions, there is a risk that material errors, fraud, or illegal acts, may exist and not be detected by us. As part of our audit, we considered the internal control of the City of Okeechobee, Florida. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of the City of Okeechobee, Florida's compliance with certain provisions of laws, regulations, contracts, and grants. However, the objective of our tests was not to provide an opinion on overall compliance with such provisions. Significant Accounting Policies Management has the responsibility for selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by the City of Okeechobee, Florida are described in Note 1 to the general purpose financial statements. We noted no transactions entered into by the City during the year that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus. • American Institute of Certified Public Accountants • Florida Institute of Certified Public Accountants • SEC Practice Section of the A.I C PA • CPAmenca International • 0 Honorable Mayor and Members of City Council The City of Okeechobee, Florida Page Two Accounting Estimates Accounting estimates are an integral part of the general purpose financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the general purpose financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The general purpose financial statements do not include any significant accounting estimates. Significant Audit Adiustments For purposes of this letter, professional standards define a significant audit adjustment as a proposed correction of the general purpose financial statements that, in our judgment, may not have been detected except through our auditing procedures. These adjustments may include those proposed by us but not recorded by the City of Okeechobee, Florida that could potentially cause future financial statements to be materially misstated, even though we have concluded that such adjustments are not material to the current financial statements. We proposed no audit adjustments that could, in our judgment, either individually or in the aggregate, have a significant effect on the City of Okeechobee's reporting process. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the general purpose financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the governmental unit's general purpose financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Issues Discussed Prior to Retention of Independent Auditors We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City of Okeechobee, Florida's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. • 0 Honorable Mayor and Members of City Council The City of Okeechobee, Florida Page Three Difficulties Encountered in Performine the Audit We encountered no significant difficulties in dealing with management in performing our audit. This information is intended solely for the use of the Board of Supervisors and management of the City of Okeechobee, Florida and should not be used for any other purpose. Very truly yours, Hoyman, Dobson & Company, rAVI February 25, 2004 • EXHIBIT 6 • AUG 3, 2004 AGENDA 2004-05 TENTATIVE BUDGET PREPARATION AND MILLAGE CALENDAR DATE AGENCY June 7 Account Supervisor July22 Tax Assessor July 12 Department Heads Aug 3 City Administrator City Council Aug 24 Account Supervisor (within 35 days certification) (34 days actual) Aug 4- City Administrator Account Supervisor August 6 City Administrator August i l City Council August 17 City Council ACTIVITY Submit to Department Heads budget preparation print out sheets reflecting actual expenditures for first seven months and estimate for 2003-04. To prepare 20043-05 proposed. Submits certification of taxable value to taxing authority (City). Time period starts July 22, 2004. Submit completed budget work sheets to Account supervisor.. Set date, time and place of public hearings to be held in September and consider proposed millage rate for tentative budget. Returns certification to Tax Assessor and copy to Tax Collector. Review budget request with Mayor and Department Heads and tally Revenue and Departmental Budgets. Starting at 1:30 P.M. Send 2004-05 proposed budget copies to Council. Budget Workshop (this will leave time if a second workshop is necessary) .end Budget Workshop if needed September 7 Tax Assessor Prepares and mails to each taxpayer a "Notice of proposed (not more than 48 days of certification) property taxes" (this serves as a general notice of first (48 days actual) hearing of budget) -NO LESS THAN TEN DAYS AFTER NOTICE IS MAILED BY TAX ASSESSOR - September 16 City Council (within 73 days of certification. Not earlier than 58 days) (57 days actual)(no sooner than 10 days after mailed notice)(]0 days actual) September 21 City Clerk(sep17) (at least 10 days prior to final hearing) (10 days actual) September 28 City Clerk(Sept 23) (within 15 days of tentative budget) (13 days actual) (within 73 days no later than 88 days) (69) days actual)(no sooner than 2 days no later than 5 days prior to final hearing ) (2 days actual September 30 City Council (no sooner than 2 days) (i e. (no later than 5 days of advertisement) (5 days actual) (within 90 days no later than 93 days) (71 days actual) October 1 Account Supervisor (within 3 days of final hearing) (I day actual) October 30 Account Supervisor Holds first public hearing and reading on tax millage and appropriations ordinance. F.S. requirement prior to con- clusion of first hearing: 1. Council amends tentative budget 2. Adopt tentative millage and budget 3. Recompute proposed millage rate 4. Publicly announce percent millage rate exceeds "roll -back rate" Advertise budget ordinance. F.S. 166.041(3)(a) and Millage ordinance Advertise public hearing to finally adopt a millage rate and budget (1/4 pg. 18 pt. type) in addition an adjacent notice meeting the budget summary requirements of Section F.S 129.03 (3)(b) and statement of expense % increase over prior year Expenditures Holds second public hearing, amend adopted tentative budget to finalize the budget, to adopt final budget; and to adopt millage rate. Forwards the certified resolution or ordinance adopting the final millage rate to the Tax Assessor and the Tax Collector.. Completes and certifies form DR-422 to property appraiser. Trim certification must be received by Department of Revenue no more than 30 days after adoption of final ordinance TJL -F.2 ] c:^fin CR=F1` 9UCtCN* 0.43E P.3/E EXHIBIT 7 is • AUG 3, 2004 AGENDA OPTION TO PURCHMM THIS AGREEMENT entered into this ,,,,` day of August, 2004, between, the CITY OF OKEECHOBEE, FLORIDA, a Florida mun.cipal corporabon,(hereinafter referred to as "Owner") whose address Is 55 S.E. Third Avenue, Okeechobee, Florida 34974-2903, and OKEECHOBEE COMMERCE CENTER, L,L.C„ e Florida limited liability company, (hereinafter referred to as "Purchaser") whose address is 3553 S.E. Doubleton Avenue, Stuart, Florida 34997. WITNESSETH: That in consideration ofthe covenants herein contained on the partof the Purchaser to be kept and performed; the receipt by Owner of a good faint deposit towards purchase of Ten Thousand ($10,000.00) Dollars; the sufficiency of such consideration being hereby 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 1, 2 and 3, OKEECHOBEE COMMERCE CENTER, according to the plat thereof recorded at Plat Book 7, Pages 10 through 14, Public Records, Okeechobee County, Florida. The property on subject to this agreement consists of three parcels, of _ _ acres, acres, and _ acres, respectively, for a total of acres, mere or less; TERMS AND CONDITIONS TERM. In the event the Purchaser desires to exercise this option to purchase, as hereafter provided, the agreed price per acre is Ten Thousand Dolalrs ($10,000,00). The tern of the option shall be a time period of four (4) years, commencing on the date of final execution of this agreement, and terminating In the 48i6 month at midnight on the anniversary date of final execution of the agreement, subject to thirty (30) days' 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 the four (4) year term of this option, so long as Purchaser !s not otherwise In default In this agreement Owner does reserve the right, however, at anytime 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 Purchaser's proposed use of the lots. CONDITION OF PREMISES AND REPAI Purchaser hereby accepts the premises in the condition that they are In at the beginning of this agreement, with the understanding thatthe property is subject to state and federal grant funding, the terms of which are known to, and binding upor+, 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 iota for development, and will be ultimately improved with road access, and water and wastewaterconneotlons installed In the right-of-wayimmedlately adjacent tothe 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 wiil not interfere with a proposed Industrial use of the property, A TORNEWS I _S, if it becomes necessary for either party to obtain the services of an attomeyto enforce the provisions herein orrelating to the premises, the prevailing party shall be entitled to collect reasonable attorney's fees and all costs incurred, including all J'.JL.EE.20E4 5:29P" CRARY ELCHPNRN N0.430 P.4/E is • 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. All notices or other written communications required to be transmitted to the parties to this agreement shall be given by mailing the same by certified mail, postage prepaid, to Purchaser and Owner at the addresses set forth above. ARABILITY. 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 anytime within the term of this agreement of four (4) years, but shall on or before no later than thirty (30) days 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 U.S. funds at dosing. 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 (4) year option. The notice shall be In writing and delivered to Owner by U.S. Mail or hand delivery. AiI closing coats in the transfer of the real property at the time of closing shall be divided as follows: (check as appropriate) TO THE OWNER (SELLER): X documentary stamp tax on warranty deed of transfer cost of recording doW title insurance intangible tax on mortgage note documentary stamp tax on mortgage ,! costs of recording mortgage X attomeys' fees TO THE PURCHASER (BUYER): documentary stamp tax on warranty deed of transfer X cost of recording dead title insurance X intangible tax on mortgage note X documentary stamp tax on mortgage X costs of recording mortgage X attomeys' fees In the event Purchaser does not exercise this option as provided herein, or the Purchaserfails 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 underthis 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 which shall not be unreasonably withheld, 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. JUU.26.2004 5:10PM: RARY BUCHANAN • NO. 430 R.5 E EXISTING FINANCING. None. TERMS O� LOGY. Whenever used herein, the terms "Owner" and "Purchaser" shall be construed in the singular or plural as the context may require or admit. APPLICABLE . 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 cf its provision. RADON CiA,S. radon is a naturally occurring radioactive gas that, when it 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 HANMBlTN PROVISIONS, Type written 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 AGRECMCNI. The foregoing constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. RECORDING pOCUN� ITT,. 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 the 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. ATTEST: (pink Name) City Clerk Witnesses as to Purchaser. PWI Nam.) 0MO Name) CITY OF OKEECHOBEE, FLORIDA a Florida municipal corporation By: James E. Kirk Its: Mayor APPROVED TO FORM AND CORRECTNESS: John R. Cook, City Attomey OKEECHOBEE COMMERCE CENTER, L.L.C., a Florida limited liability company By: Robert Meyer Its: Manager :LL.25.7-004 5:11PM CRW' B!CHA44N NO 433 P 5%5 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of August, 2004, by James E, Kirk, as Mayor of CITY OF OKEECHOBEE, FLORIDA, a Florida municipal corporation, attested by as City Clerk, and approved by John R. Cook as City Attomey, all on behalf of the City. He (p.... e,•a m. ar *. mbwg) ❑ is personally known to me or ❑ has produced as identification. (Notary Sea[) Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of August, 2004, by Robert Meyer, as Manager of OKEECHOBEE COMMERCE CENTER, L.L.C., a Florida limited liability company, on behalf of the company. He a is personally known to me or a has produced as Identification. (Notary Seal) Notary Public Print Name: My Commission Expires: Okeechobee, FL 5 6 7 8 9 10 11 12 13 14 15 16 19 20 23 24 25 26 27 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 NASA Channel WPTV (NBC - 5 WPB) WTVX (UPN - 34 Ft. Pierce) Home Shopping Network RR (PBS - 42 WPB) WGN (IND - 9 Chicago) WPXP (PAX - 67 WPB) WPEC (CBS -12 WPB) WPBF (ABC - 25 WPB) WFLX (FOX - 29 WPB) QVC WFGC (IND - 61 PR) WTCE (TBN - 21 Ft. Pierce) WTCN (IND - 43 Stuart) Community Channel Educational Access Government Access TV Guide Channel Lifetime Court TV Cinemax HBO Showtime The Movie Channel Shop NBC ESPN ESPN 2 Sunshine Network Golf Channel Fox Sports Net Florida Univision WSCV (TELE - 51 Miami Esp) CNN Headline News MSNBC CNBC Fox News Channel C-SPAN C-SPAN 2 USA Network TNT TBS 50 The Learning Channel 51 The History Channel 52 Animal Planet 53 The Discovery Channel 54 A&E 55 American Movie Classics 56 Bravo 57 Hallmark Channel 58 The Weather Channel 59 Disney Channel 60 Cartoon Network 61 Nickelodeon 62 TV Land 64 ABC Family 65 Oxygen 66 FX 67 The Travel Channel 68 Sci-Fi Channel 69 BET 70 Home & Garden TV 71 Food Network 72 EWTN 73 Comedy Central 74 E! Entertainment levision 75 Spike TV 76 Style 77 VH-1 78 MTV 79 Country Music Televi *on 99 Product Information twork LINEUP KEY: Broadcast Basic Channels Expanded Basic Channels Premium Services Corp.1643 1104 16431-3 w Okeechobee, FL Digital Basic 101 Discovery Kids 102 The Science Channel 103 Discovery Home & Leisure 104 Discovery Times 105 Discovery Health 106 Discovery Wings 107 Great American Country 109 BBC America 110 GoodLife TV 111 FUSE 112 TBN 113 Inspirational Life 117 Toon Disney 118 SoapNet 120 National Geographic 122 Speed Channel 125 Fox Sports World 128 Bloomberg Television 129 Tech TV 130 The Health Network 133 DIY (Do It Yourself) 135 MBC 137 MTV2 138 MTV Espanol 139 MTVJams WE - Women's Entertainment ITTR44i Show Network 143 V - Country 144 VH-1 Classic 148 Noggin 152 Nick Games & Sports 153 Nick Too 154 Nick Toons 155 VH-1 Soul 156 MTV Hits 157 VH-1 Mega Hits 158 Lifetime Movie Network 160 Turner Classic Movies 163 Fox Movie Channel 164 B-Mania 165 Chronicle 166 Family Net 168 TVSS(Shopping) 169 Colours Digital Plus 114 International Channel 115 Biography Channel 116 History Channel Int'I. 123 ESPNews 126 Outdoor Life Network 127 Outdoor Channel 131 ESPN Classic 136 CNBC World 161 Independent Film Channel 162 Sundance 171 Fox Sports Atlantic 172 Fox Sports Central 173 Fox Sports Pacific HBO The Works 201 HBO 202 HBO 2 203 HBO Signature 204 HBO Family 205 HBO Comedy 206 HBO Zone 207 HBO Latino 208 HBO West 209 HBO 2 West 210 HBO Signature West 211 HBO Family West 212 HBO Comedy West 213 HBO Zone West 214 HBO Latino West Showtime Unlimited 221 Showtime 222 Showtime Too 223 Showcase 224 Showtime Extreme 225 Showtime Beyond 226 Showtime West 227 Showtime Too West 228 Showcase West 229 Showtime Extreme West 230 Showtime Beyond West 231 The Movie Channel 232 The Movie Channel Xtra 233 The Movie Channel West 234 The Movie Channel Xtra west 235 Flix 236 Flix West Starz Super Pak 241 Starz! 242 Starz! West 243 Starz! Theater 244 Starz! Family 245 Starz! Cinema 246 Starz! Cinema West 247 Black Starz 248 Encore East 249 Encore West 250 Love Stories East 251 Love Stories West 252 Westerns East 253 Westerns West 254 Mystery East 255 Mystery West 256 True Stories East 257 True Stories West 258 Action East 259 Action West 260 WAM! MultiMax Pak 268 Women MAX East 269 @MAX East 270 Cinemax 271 MoreMAX 272 ActionMAX 273 ThrillerMAX 274 Cinemax West 275 MoreMAX West 276 ActionMAX West 277 ThrillerMAX West 278 5 StarMAX East 279 OuterMAX East Digital Pay -Per -View 301-330 Adelphia iN DEMAND 340 Playboy 341 Playboy 342 Hot Network 343 Spice 344 Spice 2 345 Hot Choice y 346 Urban Xtra Digital Music 401 Showcase 402 Today's Country 403 Classic Country 404 Americana 405 Bluegrass 406 R&B and Hip -Hop 407 Classic R&B 408 Smooth R&B 409 Rap 410 Metal 411 Rock 412 Power Rock 413 Classic Rock 414 Alternative Rock 415 Electronica 416 Dance 417 Progressive/Adult Alt 418 Soft Rock 419 Hit List 420 Party Favorites 421 '80s 422 New Wave 423 '70s 424 Solid Gold Oldies 425 Singers & Standards 426 Big Band & Swing 427 Easy Listening 428 Smooth Jazz 429 Jazz 430 Blues 431 Reggae 432 Soundscapes 433 Classical Masterpieces 434 Opera 435 Light Classical 436 Show Tunes 437 Contemporary Christian 438 Gospel 439 For Kids Only 44b Sounds of the Seasons 441 Musica Latina 442 Salsa Merengue 443 Rock en Espanol 444 Latin Love Songs 445 Mexicana Digital Sports Pay -per -View 501-505,507 ESPN 510-515 NBA1 516-521 NBA2 531-540 MLB,NHL Corp. 1643 1/04 1643-L-3 0 0 RESOLUTION dLA- 0 q , 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE PROVIDING FOR AN EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA COMMUNICATIONS PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City of Okeechobee ("City") granted on January 1, 1986 in Ordinance 86-1 a Cable Television Franchise Agreement ("Agreement") to OKEAIRCO, Inc. to operate and maintain a Cable Television system in the incorporated area of the City of Okeechobee; and WHEREAS, the Agreement was ultimately transferred to Telesat Acquisition L.P. dba Adelphia Communications ("Adelphia"); and WHEREAS, Adelphia currently provides cable services in the City pursuant to the Agreement; and WHEREAS, Adelphia and the City have been engaged in informal renewal negotiations in accordance with section 626(h) of Title VI of the Communications Act of 1934, as amended ("Cable Act"); and WHEREAS, the parties continue to reserve all rights under the formal procedures of Section 626 of the Cable Act and do not wave any rights related thereto: and WHEREAS, it is in the public interest to extend the current Agreement for an additional period of time so that cable service to the public will not be interrupted: NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: Section 1: The above recitals are true and correct and incorporated herein by reference. Section 2: The Agreement entered into on January 1, 1986 together with any amendments and transfers thereto are hereby amended to extend the expiration date to Liivai y 31, 2996- Z - 2.�- Section 3: The Agreement is in full force and effect without default thereunder by Adelphia, and all terms and conditions thereof shall be deemed effective throughout the extension period provided in this Resolution. Section 4: This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DATE OF 2004. PASSED AND APPROVED this day of , City of Okeechobee, Florida Name/Title: ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY OF ' OK�FG w y0 • ,'�� m m o City of Okeechobee July 20, 2004 Federal Cast Stone, Inc. P.O. Box 2782 Stuart, FL 34995 ATTN: Robert Meyer Dear Mr. Meyer: We have recently obtained information regarding possible restrictions on site use, or questions of availability for development, on lots 6, 13 and 14 at the Okeechobee Commerce Center, of which you are also aware. The City of Okeechobee Comprehensive Plan, as well as South Florida Water Management rules, appear to restrict development within 300' of potable water wellheads, which would impact those lots to a degree not yet determined. The engineers for the commerce center are concerned about these restrictions and the City's offer of option for you to purchase these lots, particularly in light of the scope of your proposed development. Therefore, since the offer of option to purchase lots 6, 13 and 14 forwarded to you on June 14, 2004 has not been accepted at this date, the City has elected to withdraw that offer. The City may be amenable to discuss an option or outright purchase of other parcels in the commerce center if you are interested. Sine ely, James E. Kir Mayor cc: Bill L. Veach, City Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 EXHIBIT 8 AUG 3, 2004 AGENDA CITY OF OKEECHOBEE (863) 763-3372 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE Yd Avenue Okeechobee, Florida 34974 NAME:' DRESS: ,00(p SlS--D 5v FAX (863) 763-1686 TELEPHONE: (��� ' 1' �iD FAX: MEETING: REGULAR O SPECIAL O WORKSHOP O DATE: S: STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: I PLEASE S ATE WHAT DEPARTM T(S) YO HAVE WO D WITH THUS FAR: lkla V i c , d ram\ 1 �2iZ. EASE STATE D RED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS:lCD --i7D IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED B1_ 0-� DATE: ZJ ��� Y: • Memorandum To: Katrina Vinson,G.S. Coordinator From: Oscar Bermudez PE, City Engineer Date: June 15, 2004 Re: Wildcow Cafe (Restaurant) In reference to the above -proposed project located at 206 SW 3`d. Ave., taking into consideration that the area of the same is approximately 1000 SF, the off-street parking space requirements are one per 75 square feet of floor area (LDR Sect. 90-512). In order to comply with the LDR requirements - 14 off-street parking spaces will be required. �,Ip� pKEFC~ a Iw • City of Okeechobee Fire Department FIRE PREVENTION AND INSPECTION DATE: 15JUNE04 SUBJECT: PRELIMINARY INSPECTION LOCATION: WILD COW CAFE FROM: CHIEF SMITH. • Fire Extinguishers Minimum of two- one near each exit door at entrance and backdoor in kitchen ABC extinguishers- hung and certified • Emergency lighting Light required in hallway leading to bathrooms • Exit signs One above door leading out of hallway from bathrooms One above front door entrance(Lighted) Ev ,,i,*. M --i One above back door to kitchen area (Lighted) • Door Locks Front door lock shall be keyless type • Per our conversation: Owner stated there will be no cooking equipment which will emit grease laden vapors: if in the future this type of cooking equipment is utilized a commercial hood and suppression system must be installed Ovens may be used with approval from the Fire Marshal • There shall be a firewall between the two occupancies 55 S.E. Third Avenue • Okeechobee, Florida 34974.2932 • (941) 763-4423 * Fax: (941) 763-7804 • 0 MEMO To: Katrina Vinson, General Services Coordinator From: Joe Boyd, Building Official Date: June 14, 2004 Subject: Wildcow Cafe In reference to the Occupational License Application for Wildcow Cafe, I have the following concerns that need to be addressed: • There needs to be a one hour fire wall between the restaurant/cafe and the rest of the building. EY - --, • Handicap Restroom(s) will need to be provided. 1��4 ,,i; w3 • If there is a stove, a hood system and fire suppression system must be installed. (Fire Department will explain the requirements). 0 The above concerns will need to be addressed prior to approval of the Occupational License. Thanks. OF ' OK�FC o ..1915 City of Okeechobee MEMO Bill Veach re: 200 S.W. 3Td Ave. Proposed Cafe June 28, 2004 I have reviewed the application in reference to a proposed cafe, and the relevant sections of the land development regulations and city codes. First, our occupational license ordinance clearly states that no license will be issued without compliance with all applicable city codes. At the time of applying for the occupational license the applicants were informed by Lydia Williams to meet with the City Engineer which is when the parking issue arrised. Therefore, I have advised Katrina and the City, to act expeditiously on the occupational license application. I inspected the site on Saturday, and the area behind the landlord's portion of the building, the site consists of a concrete slab 44'x69', with adequate curb cut to S.W. 2"d Street. There are three existing parking spaces at the site, two of them being handicap spaces. With the size of the building and the proposed uses, the required off-street parking spaces are as follows: 1. Canvas shop: 1 space per 300', or 4 spaces total. 2. Cafe: 1 space per 75', or 6 spaces total if we use the square feet of the patron portion of the cafe only, or 15 spaces if the entire rented square feet is computed. Therefore, the most intense requirement that could be imposed is a total of 19 parking spaces, with two of them being handicap. A 20% commercial reduction with adequate on -street parking would reduce that requirement to 15 spaces. We still do not know where the septic tank is located, but I imagine it will be to the South of the concrete slab, meaning the applicants drawing for constructing parking spaces there may not be feasible. 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 LJ 0 Page 2 June 28, 2004 It would appear to me that if the landlord striped the concrete slab, they could gain 7 parking spots, and with the 3 in place, that would total 10 spaces. The applicants may have enough room to add spaces just to the South of their building where a small concrete drive is located, and if made diagonal, could result in approximately 5-6 spaces. With this approach, it would appear the entire building requirement of 15 off-street spaces could be met. This site is one of those commercial structures where the initial parking requirement was met with only the canvas shop in use, but when the landlord leased the South one-half for restaurant purposes, we run into a situation where it is nearly impossible to meet codes, considering the size and location of the structure. In this instance, our LDR's permit partial compliance with certain requirements, if full compliance is not practical due to circumstances beyond control of the applicant. At this point, the applicants need to reserve a time with the Technical Review Committee for July 21, 2004 at 10:00, and have their recommendation for parking reduction before the City Council at the August 3, 2004 meeting. As we did with Los Dos Compadres, we could work up a written agreement whereby the applicant can obtain a preliminary occupational license so long as the required improvements are understood and agreed, and work is commenced to meet those requirements. Kindest Regards, John Cook City Attorney cc: Katrina Vinson D Lpi :EL bt, Ljo vv- 6-1 c 1, 0 oj� ca koav kPiL V.)A4k 2.4enil ,Lqo. Sle 2-1 TAI- -o6 52-. EXI5TING WALL& TO 5E ADDED EO/%/ WALL5 TO 5E FILLED os EXISTING I;?EMOVE A/C UNIT 4 FILL OPENING REMOVE WINDOW 4 FILL OPENING FIRE EXT. EXIT SIGN EXISTING \\ r _ I y 140D 3066 DOO� Ml:� AC cc, a 16 o SF Q�cQ SF k�R i cm �o (91 41.25- EXIT SIGN REMOVE SL. C%L. DOOR 16--0" s Ta4i�t,! e JF— C lop",1 � a SbFS, •� EXISTING ULU LH z wL U-\ \,r, J u've-Ir., oLLC.e- EXISTING n� - IlA4�e�lu ° c io 1 V , z mU CONV. OVEN 9 FIRE EXT. EXIT SIGN I 4 r AGENDA III. New Business, continued. D. Best Western Suites, continued. is E. Wild Cow Cafe, located at 206 SW 3rd Avenue. Bill Shawfield is the property owner, Robert and Tammy Davis are the applicants. The applicants are proposing to lease a portion of Mr. Shawfields building for a restaurant/cafe July 21, 2004 - Technical Review Committee - Page 5 of 7 ACTION - DISCUSSION - VOTE Engineer Bermudez explained that a permit will be required from South Florida Water Management District and Department of Environmental Protection regarding the wetlands. He expressed concerns regarding the drainage flowing towards the wetlands, this will also require approval from South Florida Water Management District and Department of Environmental Protection for that as well. A loading/unloading area will need to be provided. Executive Director Fortner explained that a water line would need to be run under South Parrott Avenue from the West side to the East since a fire hydrant was needed at the entrance of the hotel, there are no water lines on the East side of South Parrott Avenue. He also explained that the property owners will be required to install a private lift station. There were no comments from Mr Trent, Public Works Director Robertson, Chief Davis, Attorney Cook, and Administrator Veach. Engineer Bermudez motioned to approve the Site Plan for Best Western, with the following conditions: 1. SFWMD/DEP permit for wetlands 2. SFWMD/DEP permit for drainage 3 Revise Site Plan showing loading/unloading area Seconded by Mr. Hill. VOTE BERMUDEZ - YEA BOYD - ABSENT DAVIs - YEA HILL - YEA ROBERTSON-YEA SMITH - ABSENT VEACH-YEA MOTION CARRIED. Engineer Bermudez briefly explained that the original project was approved seven years ago. The building at that time was designated to be divided into two sections. 2000 square feet of the building was to be used as a canvas shop, and the other 2000 square feet of the building was going to be used as storage. Now seven years later, the 2000 square feet that was to be used as storage is going to be a restaurant. Bill Shawfield, property owner, addressed the Committee. Mr. Shawfield explained that 2000 square feet is currently occupied by his canvas business, the Davis's have leased the other half of the building for their proposed restaurant. They are planning to be mostly a delivery or carry out type business, with only CJ II AGENDA III. New Business, continued. E. Wild Cow Cafe, continued. • IV. Adjournment - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. Oscar Bermudez, Sitting in as Chairperson ATTEST; Katrina Vinson, General Services Coordinator JULY 21, 2004 - TECHNICAL REVIEW COMMITTEE - PAGE 7 OF 7 ACTION - DISCUSSION-- VOTE 1j VOTE BERMUDEZ - YEA BOYD - ABSENT DAvls - YEA HILL - YEA ROBERTSON-YEA SMITH - ABSENT VEACH-YEA MOTION CARRIED. There being no further items on the agenda, Mr Bermudez adjourned the meeting at 11:30 a.m. 0 55 South Parrott Avenue Okeechobee, Florida 34974 July 21, 2004 Mr. Bill Veach Administrator City of Okeechobee 55 SE Yd Avenue Okeechobee, Florida 34974 In Re: Budget Request Dear Mr. Veach: RECEIVED JUL 2 T 2004 863-763-6464 Fax:863-763-3531 800-871-4403 EXHIBIT 9 AUG 3, 2004 AGENDA On behalf of the Okeechobee County Chamber of Commerce, Inc., we would appreciate being considered for the following for your 2004-2005 budget: $6,000.00 publication and printing of new map for the entire county/city $12,000.00 publication and printing of new Visitor Guide (minimum of 10,000 books) This books provides information to visitors/newcomers/residents on all the amenities of Okeechobee. $2,500.00 setup, color separation, printing of 500 new historic prints depicting the historical nature of Okeechobee. These prints are taken from actual Paintings and reproduced as prints. (we are currently looking for a painting of the old jail building on SW 5`h Ave. for 2005) Page 2 $30,000.00 Electronic — computerized sign to post current events in Okeechobee. We would be able to change the events and log new ones on through the computer system. This sign would replace the current marquis (sign) we currently have which is in much needed repair. Our ability to provide more information on all county -wide events would be enhanced. $50,500.00 Total requested We would appreciate consideration of the above items individually or collectively. Any assistance would be greatly appreciated. We have been serving the Okeechobee County area for over fifty years and during that time we have changed from being a tiny little Chamber to providing services for our members and in turn those who walk through our doors and calls to our personnel for various types of information. We have expanded our services with our Internet access as well as our new website that is being created by Mr. George Dukes, well known computer specialist, at this time. We have expanded our computer facilities, community programs, and working with other reputable organizations to provide the highest quality of consumer satisfaction. We appreciate the opportunity to submit this bid request for consideration during your bid process. We will be happy to provide any further information on request from you. Thanking you again, for your consideration, we remain Respectfully, Brenda O'Connor D 1111 Donnell Y Executive Director President CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: July 28, 2004 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. y�, �„ •a5'.�ji'; DEPARTMENT 0.n ADMINISTRATION GRIT — John Cook has recently unsuccessfully attempted to initiate contact with AND GENERAL potential re -insurance providers. He indicates he will continue to pursue this important SERVICES matter. Additionally, Attorneys Cook and Robbins are working with staff in regard to preparing "interrogatories and requests to produce" (legal requests) and scheduling of a deposition in response to the Berger Agency attorney's request. Industrial Park — The rail spur RFP has been advertised and bids will be opened on August 4. It is anticipated the City Council will award the contract on August 17. This should be the final hurdle to clear for EDA reimbursement to commence. ETDF reimbursements will commence when Mr. Meyer begins vertical construction. Gene Schriner continues to confirm an overall comfort level with the grant budget and timeline for the project, although both are very tight. The rail spur amount will be a critical element from a budget perspective. The bridge contractor has begun to drive pilings. Earthwork, clearing and building roadbeds continue. Discussions with CAS, Ranger Construction and Donnie Robertson seem to indicate it would not be more cost effective to have Ranger complete the portion of the street (from the lift station to Douglas Park) that the City will have to fund. At this time, it would appear that as a final phase of construction, City staff will complete preparation of the roadbed and surfacing will then be bid separately. Mr. Meyer has proposed to purchase lots 1, 2 and 3 as his optional land acquisition. This amounts to 7.7 acres. This will be an item for consideration at the August 3`d City Council meeting. Downtown Streetscape Project — While the scarcity of concrete continues to cause delays, Donnie Robertson is working closely with the contractor and assures me we are still on schedule to complete work within parks 1, 3 and 4 before Labor Day. DEPARTIIJMEN'T'` : ,,., r,. SYNOPSIS: . r 1 ADMINISTRATION The possibility exists that we will receive full funding for this project and we would be AND GENERAL able to address parks 5 and 6 as well. A possible work schedule is being considered SERVICES (for after Christmas) should this funding become available. CONTINUED Please remember, there is also a storefront renovation element to the project. The architect continues his efforts related to design and when he has finished, Nancy Phillips will discuss the proposals with the participants, staff and the City Council before final approval is requested from the State. This is a time consuming endeavor and two of the participants, Mr. Wherrell and Mr. Conlon, have voiced impatience with the timeline. They are also intolerant of the guidelines. Impact Fees — In June, I obtained a copy of Indian River County's RFP for an impact fee consultant which addresses multiple potential impact fee areas. George Long is reviewing this RFP and it is hoped significant elements of the document can be used to develop one of our own. I have again informed George (as recently as July 26') that the City is willing to help in any way possible in the drafting of the RFP. He indicates it will be prepared by the end of July. OUA — Bob Oliver has notified me that he will be sending the City a letter of resignation from the OUA Board. Bob is retiring and moving out of state in early August. We currently have no one to replace him as an alternate on the Board. Florida Power and Light — Attorney Cook and I will tentatively be meeting in August with representatives of FPL to discuss their franchise agreement, which will expire next year. CDBG — We will advertise and conduct a public hearing (August 17") for the upcoming round of CDBG applications. While no current specific project has been identified, conducting the public hearing will keep the City eligible to submit should a suitable need be identified. PUBLIC WORKS Donnie Robertson's staff continues with their efforts related to modification of the 4' 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. Work continues on this year's street projects. The authorization was given for work to commence on June 6. All resurfacing work has been completed with only the SW 12`h Avenue project remaining to be done. 2 10 9 DEPARTMENT CODE ENFORCEMENT FINANCE POLICE DEPARTMENT FIRE DEPARTMENT CITY ATTORNEY SYNOPSIS Chief Smith reports that Jim Byrd is working out well as the new part-time code enforcement official, and Sammy Hancock continues to fill in as needed. The Auditors are scheduled to present the FY03 audit to the City Council on August 3. Staff has begun preparations for the FY05 budget. It would appear there will be sufficient revenues without raising the current millage rate. The Department has encountered difficulties of late related to noise complaints. Staff has provided Attorney Cook a copy of the Vero Beach noise ordinance and we are hopeful a useful ordinance for Okeechobee can be drafted from that example and presented to the City Council. Chief Smith reports that a new repeater system has been installed and is functional. This will enhance communication capabilities and improve safety for our on scene safety personnel. Chief Smith anticipates the loss of personnel as a result of the opportunity to work for higher wages at near -by departments (County and Reservation). The following are included in the items I have asked Attorney Cook to address. 1. GRIT related re -insurance issues. 2. Finalize the sale of the option land to Robert Meyer. 3. Recommendations related to reversionary action in alley closings, etc. 4. Draft an enforceable noise ordinance. 5. Hamrick Trust — John is in discussion with the County Attorney on this matter. 6. Research annexation issues. 7. LDR issues, such as conversion of former residential structures to commercial and CBD site regulations and new development within the CBD. 8. Marvin Brantley's continuing situation. 9. Various LDR issues, including the commencement of site -work and sidewalk, curb and guttering issues. 10. Work with Administrator and FPL toward a renewal of the franchise agreement. 3 Notes for the August 3, 2004 City Council Meeting Public Hearing A. Ordinance No. 862 involves the Street Closing that has come before the City Council previously. You will recall there was an issue of ownership of the parcel on the northern boundary of the street that had to be resolved before the street could be closed. The Clerk reports that proper documents have been presented which indicate the City does own the property in question. New Business A. In a matter of housekeeping, the Mayor must proclaim the time and manner for this year's City election. B. First reading of a proposed Ordinance 865 which would amend the zoning map from Residential Mobile Home to Residential Single Family-1. This is the project that is being proposed in conjunction with the street closing in Ordinance 863. The developer would like to build six new homes. The Planning Board recommends approval. C. First reading of Ordinance 866 which would eliminate special exceptions allowing commercial off street parking in residential areas. The Land Planning Agency recommends approval. D. First reading of Ordinance 867, which would allow, by special exception, a House of Worship in a Heavy Commercial Zoning District. Land Planning Agency recommends approval. E. Debbie Bradley of Hoyman, Dobson and Company, PA will present the results of the audit for FY03. Findings were limited and not of a significant nature. Staff is implementing remedies for each. The implementation of GASB 34 next year should also help eliminate repeat findings. F. The City Council will set the maximum Millage Rate for the upcoming year. Lola indicates that keeping the 7.1899 rate amounts to a 13.16% increase over the roll back rate. The roll back rate reflects a rate that would give us the same ad valorem revenues as last year. By keeping the Millage Rate the same as last year, the City will realize increased revenues as a result of increased property values. At this early stage of the budgeting process, at the current millage rate, after accounting for departmental budget proposals, 1.5% step pay increases and insurance increases, the budget would have about $75,000 left in discretionary funds. That does not include requested funding for Mainstreet, the Chamber of Commerce, any across the board raises the City Council might choose to implement or any increases in a new contract for the City Administrator. G. Lola will request that the City Council conduct the first public hearing on the FY05 budget on September 16. She requests the second be held on September 30. As you are aware, we must follow stringent scheduling guidelines following tax roll certification and we must also give scheduling preference to the County and the School Board. H. At the direction of the City Council, another option land purchase has been negotiated with Robert Meyer. This agreement includes all the terms of the original option agreement with the only change being the switch to parcels 1, 2, and 3. These parcels amount to 7.7 acres of land. The original option provided for 10 acres. I. John Cook has been in discussions with Adelphia and has requested their representative be scheduled to address the City Council. Tammy and Robert Davis are requesting a parking reduction with regard to their application to open a cafe at 206 SW 3` Ave. This has been a problematic project from time to time, primarily due to the multiple uses of the building. The business owners have often become frustrated by City regulations and procedures. After multiple meetings and discussions, and with the advice of the City Attorney, the final step to issuing an occupational license should be the needed reduction in parking. K. Brenda O'Connor will request consideration for $50,500.00 for the Chamber of Commerce. The uses of the money are detailed in Exhibit 9. It is my understanding that the Chamber will make a similar request to the County.