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2008-04-15CITY OF OKEECHOBEE APRIL 15, 2008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I I. CALL TO ORDER - Mayor: April 15, 2008, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Ed Stewart, St. Stephen, AME Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim May 18 through 24 as "National Public Works ;"week" J PAGE 1 OF 10 Mayor Kirk called the April 15, 2008 Regular City Council Meeting to order at 6:00 p.m. Pastor Stewart of St. Stephen, AME Church offered the invocation; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent Present Present Present A proclamation was presented to City Public Works Director, Mr. Donnie Robertson and read in its entirety by Mayor Kirk as follows: "WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives, and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services, and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works rt2 APRIL 15, 2008 - REGULAR MEETING - PAGE 2 OF 10 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim May 18 through 24 as "National Public Works Week" officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works continued. departments is materiallyinfluenced by the people's attitude and understanding of the importance of the work they perform, and WHEREAS, this year's theme "Public Works: The Future is Now', is a tribute to the many positive improvements public works employees have made to our communities, NOW THEREFORE, 1, James E. Kirk by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim May 18 - 24, 2008, as "NATIONAL PUBLIC WORKS WEEK" in the City of Okeechobee." B. Present Hoot Worley with a Certificate of Appreciation for Serving Mayor Kirk presented Mr. Mack Worley, Jr. with a framed Certificate of Appreciation for his nine years of service to on the Code Enforcement Board. the City as a member of the Code Enforcement Board. The Certificate read, "Office of the Mayor, City of Okeechobee, Florida, Extends this Expression of Appreciation to Mack "Hoot" Worley, Jr., In Recognition of his Outstanding Service to the Community the City and your Fellow Citizens have Benefitted Greatly by your Unselfish Dedication in the Performance of your Duties as Member and Chairperson of the Code Enforcement Board, May 1, 1999 to April 30, 2008" V. WARRANT REGISTER - City Administrator. A. Motion to approve the March 2008 Warrant Registers: Council Member Watford moved to approve the March 2008 Warrant Register in the amounts: Capital Improvement Projects Fund = Vehicles, eight hundred eighty-eight thousand, three hundred fifty-five dollars and sixty-eight cents Capital Improvement Projects Fund - Vehicles ....... $888,355.68 ($888,355.68); General Fund, three hundred thirty-seven thousand, four hundred eighty-six dollars and fifty cents General Fund ................................ $337,486.50 ($337,486.50); Public Facilities Improvement Fund, twelve thousand, nine hundred two dollars and fifty-five cents Public Facilities Improvement Fund ................ $12,902.55 (12,902.55); and Community Development Block Grant Fund, one thousand, eight hundred sixty-nine dollars Community Development Block Grant Fund .......... $1,869.00 11 ($1,869.00); seconded by Council Member Markham. There was no discussion on this matter. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. VI. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of III Council Member C. Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for April 1, 2008 Regular Meeting. April 1, 2008 Regular Meeting, seconded by Council Member L. Williams. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. APRIL 15, 2008 - REGULAR MEETING - PAGE 3 OF 10 97 1 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. III Clerk Gamiotea distributed a citizen board application to be considered with New Business Item E. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:07 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 1016, Council Member Watford moved to read by title only, proposed Ordinance No. 1016, regarding Future Land Use Map regarding Future Land Use Map Amendment Application No. 08- Amendment Application No. 08-003-SSA, submitted by Muhammad Nooruddin on behalf of property owner, Husain 003-SSA, submitted by Muhammad Nooruddin on behalf of property Muzaffar, re -designating Lots 19 and 20 of Block 15, City of Okeechobee from SF to C; seconded by Council Member owner, Husain Muzaffar, re -designating Lots 19 and 20 of Block 15, L. Williams. City of Okeechobee from SF to C - City Planning Consultant (Exhibit 1). 11 b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1016 by title only. Attorney Cook- read proposed Ordinance No. 1016 by title only as follows: "AN ORDINANCE OF THE CITY OF. OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBED HEREINFROMSINGLEFAMILYTO COMMERCIAL; PROVIDING FORINCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1016. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. b) Public comments and discussion. The Planning Staff Analysis and Planning Board are unanimously recommending approval, after discussing the application at their March 20, 2008 meeting. Planning Staff Report findings: A. The proposed use is consistent with the land use categories and plan policies. B. Regarding adequacy of public facilities, the applicant has not submitted information regarding the projected demand on the OUA water and sewer facilities noran estimate of traffic generation. However, the adjoining property to the West has received site plan approval at which time we believe the availability and adequacy of the OUA water and sewer facilities was confirmed. No traffic impact statement is necessary and • APRIL 15, 2008 -REGULAR MEETING -PAGE 4 OF 10 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. B. continued: the use change is not likely to be considered to have a high significant traffic impact C. The proposed use appears to be compatible with adjacent and nearby land uses. The surrounding Future Land Use designations are SF to the North and East, to the South, MF and to the West, C. Zoning districts are H to the North and East, MF to the South and CHV to the West. The existing uses are vacant property and MF. Mayor Kirk asked whether there were any questions or comments from the public? There were none. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 1017, Council Member Watford moved to read by title only, proposed Ordinance No. 1017, regarding Rezoning Petition No. regarding Rezoning Petition No. 08-003-R, submitted by 08-003-R, submitted by Muhammad Nooruddin on behalf of property owner Husain Muzaffar to rezone Lots 19 and Muhammad Nooruddin on behalf of property owner Husain Muzaffar 20 of Block 15, City of Okeechobee, from H to CHV; seconded by Council Member C. Williams to rezone Lots 19 and 20 of Block 15, City of Okeechobee, from H to CHV - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1017 by title only. Attorney Cook read proposed Ordinance No. 1017 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO HEAVYCOMMERCIAL (CHV)ZONING DISTRICT, AMENDING THEZONING MAPACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1017. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. b) Public comments and discussion III The petition has been reviewed by the Planning Board a the March 20, 2008 meeting, and they are recommending the adoption of the ordinance to change the zoning from Holding to Heavy Commercial. Planning Staff Findings: APRIL 15, 2008 - REGULAR MEETING - PAGE 5 OF 10 99 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. 1. The proposed use is not contrary to the Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district. The applicant will not be limited to the proposed professional office use, but will retain the option of developing the property in any of the uses permitted within a CHV District. 3. The proposed use will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, it is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The properties to the North and East are vacant and have a zoning designation of H, with a future land use designation of SF. To the South, zoned RMF, future land use is MF with a land use of MF and vacant. To the West, zoned CHV, future land use is C and it's also vacant. 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. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services..8 The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege. Mayor Kirk asked whether there were any questions or comments from the public? There were none. Council discussed the application briefly. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. C.1. a) Motion to read by title only, pruNused Ordinance No. 1018, Council Member Watford moved to read by title only, proposed Ordinance No. 1018, regarding re -submittal of regarding re -submittal of applications (zoning, etc), after being applications (zoning, etc), after being denied; seconded by Council Member L. Williams denied - City Attorney (Exhibit 3). VOTE b) Vote on motion to read by title only. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1018 by title only. Attorney Cook read proposed Ordinance No. 1018 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE N0.995, CODE BOOK SECTION 70-338 CHANGING THE APPLICATION RESUBMITTAL PERIOD FROM 60 DAYS TO ONE-YEAR AFTER DENIAL; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." APRIL 15, 2008 - REGULAR MEETING - PAGE 6 OF 10 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. 2. a) Motion to adopt proposed Ordinance No. 1018. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. Council Member Markham moved to adopt proposed Ordinance No.1018; seconded by Council Member C. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any questions or comments from the public? There were none. Council discussed the proposed ordinance briefly. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:19 P.M. A.1. a) motion to read by title only and set May 20, 2008 as a final public Council Member Watford moved to read by title only and set May 20, 2008 as a final public hearing date for proposed hearing date for proposed Ordinance No. 1019, regarding Street Ordinance No. 1019, regarding Street Closing Application No. 88, submitted by David and Anita Nunez, to close a Closing Application No. 88, submitted by David and Anita Nunez, to portion of Northeast 2"d Street, located between Blocks 147 and 148, City of Okeechobee Subdivision; seconded by close a portion of Northeast 2"d Street, located between Blocks 147 Council Member L. Williams. and 148, City of Okeechobee Subdivision - City Clerk (Exhibit 4). VOTE b) Vote on motion to read by title only and set the public hearing date. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1019 by title only. Attorney Cook read proposed Ordinance No. 1019 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF NORTHEAST 2ND STREET AS DESCRIBED HEREIN; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES, 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." APRIL 15, 2008 - REGULAR MEETING - PAGE 7 OF 10 101 IX. NEW BUSINESS CONTINUED. A. 2. a) Motion to approve the first reading of proposed Ordinance No. 1019. b) Discussion. 1 c) Vote on motion. B. Quarterly update from Main Street, Inc. - Maureen Burroughs. `l Council Member Markham moved to approve the first reading of proposed Ordinance No.1019; seconded by Council Member L. Williams. Attorney Cook stated that there will be an amendment for Section Two changing the language to be more specific to the land owners responsibility regarding the easement, and to extend the easement across the street known as Riverside Drive before the final hearing. Administrator Whitehall asked whether the City will maintain the easement? Attorney Cook answered, Yes. Clerk Gamiotea added that the applicant has expressed the 24 month completion stipulation would not be sufficient enough, but they did not relay as to how long they anticipated. Council Member Markham stated that there is an extension clause in the ordinance, should they not complete the project within the allotted time frame. Council Member C. Williams asked whether this ordinance was reserving the same width for the easement as the street? Attorney Cook answered, Yes. Public Works Robertson replied the width is 70 feet. Council Member Watford asked whether it was ever official documented that Riverside Drive was closed? Mayor Kirk and Council Member Markham replied that a title company will not write a policy unless there is a clear title. Council Member Watford requested to see the research on the closing of Riverside Drive Clerk Gamiotea stated she will distribute the findings to Council before the final hearing. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. The Clerk's Office received the copies of the report just prior to the meeting and distributed them to Council. Okeechobee Main Street President, Maureen Burroughs presented the First Quarter 2008 Report. What Have We Done? Submitted State Quarterly reports for the 4' Quarter 2007 and 1st Quarter 2008, Professional Service volunteer hours - 335 hours = $26,737.50, Non Professional Service volunteer hours - 2000 hours = $12,200.00, Total volunteer hours 2,335 = $38,938.50; Awarded $3,000.00 grant from Target in support of arts and culture program; Received proclamation from State of Florida designating the Top of the Lake BBQ Affair as a state contest; Secured support from Jack Daniels to designate the Top of the Lake BBQ Affair as a Jack Daniels qualifying contest; Produced the Top of the Lake BBQ Affair which hosted over 38 cook teams and over 1900 attendees at the Agriculture Civic Center; Completed and dedicated 2"d mural project; The 3`d mural is in progress at the Embarq building; Participated as a speaker at the Forging Alliances for a Healthy Lake and Healthy Communities forum in Belle Glade; Phase 1 of the Welcome to Okeechobee signs has been completed which detailed design and price estimation, Phase 2 is in progress which entails securing 4 locations at the City limits to install signs; Phase 1 of the Way -Find signs has been 102 APRIL 15, 2008 - REGULAR MEETING - PAGE 8 OF 10 IX. NEW BUSINESS CONTINUED. B. Quarterly update from Main Street, Inc. continued. completed detailing the design of the sign, Phase 2 is currently underway which entails the development of the site for each sign and gaining approval from DOT for each location; Successfully produced the 2"d annual Top of the Lake Art Festival in February 2008. This event attracted over 800 spectators and 40 various artists to our town over the weekend; Received services from a Florida Main Street consultant to develop a CAD version of the Courthouse Park. This will assist in developing a phased approach for funding and developing the overall plan; Established 5 new business members. This brings our total membership to 76 businesses and 29 individuals; Provided a community service by implementing a place locally to purchase Honey Baked Hams for the community; Received accreditation as a 2008 National Main Street program; Attended the annual Florida Main Street Conference in Tallahassee; participated in the Adopt -A -Precinct program during the recent election period. What's Next? Developing project plans for several community events: Developing an Adopt a Median Program where local businesses will adopt a median and provide landscape to the median area in addition to the maintenance of area; Developing plans for 2"d annual National Day of the Cowboy and the 2"d Annual Main Street Fun Shoot; 41' Mural project to begin in the fall, currently reviewing multiple buildings to be used; Continuing follow-up on outstanding County ordinances (landscape, mural and graffiti); Re -vitalize the Economic committee and coordinate with the City and County on how best to implement a sound economic development plan; Work with City on the re -development of the CSX train station. Have been awarded a $2500.00 grant from Morgan Stanley to fund the Art Festival; In the process of replacing the Memorial Blue Star Sign on Highway 441. They have contacted DOT to see what can be done to replace and/or receive reimbursements? Council Member Watford thanked OKMS for all their work, and asked about the progress with CSX regarding the train station. Mrs. Burroughs replied every time we meet with them they say something different, we are continuing to work on it. He also inquired as to the progress with the Southland Hotel mural on the CVS building? She advised, it is still on the list. C. Motion to award a bid for the Commerce Park Lake Excavation Council Member Watford moved to award the City Commerce Center Lake Bid No. PW-01-10-03-08 to Guettler Project - City Engineer (Exhibit 5). Brothers of Ft. Pierce, Florida in the amount of sixty-eight thousand, two hundred dollars ($68,200.00); seconded by Council Member L. Williams. Eight Bids were received for the project of the lakes at the City Commerce Park, and opened on April 9, 2008. Guettler Brothers - $68,200.00 B&B Site Development - $116,550.00 Optimum Services, Inc. - $100,418.46 Telehar Corp. - $125,840.00 Wright Construction Group - $109,487.09 C.A.N. Constructions, Inc. - $146,544.00 Compass Construction, LLC - $115,106.00 L.J. Clark Construction - $312,620.00 103 APRIL 15, 2008 - REGULAR MEETING - PAGE 9 OF 10 IX. NEW BUSINESS CONTINUED. C. Motion to award a bid for the Commerce Park Lake Excavation City Engineer Bermudez, researched the lowest bidder and their credentials. He has had direct experience with them Project continued. 25 years ago with the Orange Blossom Mall in Fort Pierce, and they are a reputable company. Administrator Whitehall replied that General Services is checking their references, but added that Mr. Bermudez and Mr. Robertson have stated that this company's facilities are adequate to complete the project with ease. Mr. Bermudez also stated that the company said they would do the job in 10 days. Council Member Markham stated his concern of their low bid, but then found out they were in between jobs and they had the equipment available, they wanted to open the doors for further work in Okeechobee. Mr. Whitehall mentioned that we will have a performance bond, and we will perfect before issuing the notice to proceed. It was made perfectly clear during the pre -bid conference that the unit prices will prevail. Council Member Watford asked where the City is getting the funds for this project. Mr. Whitehall answered that we received a grant in the amount of $150,000.00 from the legislators for water surface treatments. He also added that even though this project with the lakes may have seemed to be lingering, we have received a grant for "Lake 1" and now we have one for "Lake 2." VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. D. Motion award a bid for the purchase of a 4-Wheel Drive Tractor for Council Member C. Williams moved to award a bid for a 4-Wheel Drive Kubota Tractor, model M8540HD to Pippin the Public Works Department - Public Works Director (Exhibit 6). 11 Tractor & Equipments Company in the amount of twenty-nine thousand, eight hundred sixty-one dollars ($29,861.00) for the Public Works Department; seconded by Council Member Markham. Bids Obtained by Quote: Everglades Farm Equipment John Deere utility tractor model 5425 $34,372.05 Everglades Farm Equipment John Deere front axle tractor model 5525 $36,929.97 Sunrise Tractor & Equipment New Holland model TD80D $31,822.00 Pippin Tractor & Equipment Kubota Tractor model M8540HD $29,861.00 VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLAAMS - YEA MOTION CARRIED. W4 APRIL 15, 2008 - REGULAR MEETING -PAGE 10 OF 10 IX. NEW BUSINESS CONTINUED. E. Consider Citizen Board Appointments - City Clerk (Exhibit 7). Council Member Watford moved to re -appoint Rennae Sweda as a Regular Member; re -appoint Heather Hancock and move her from Alternate to Regular Member; and move Penny Revels from Alternate to Regular Member, all for terms 1. Code Enforcement Board. beginning May 1, 2008 and ending April 30, 2011 to the Code Enforcement Board; seconded by Council Member L. Williams. Two board members are resigning, Hoot Worley and Bea Castorina. No one has applied to be appointed to the board, therefore both alternates can be moved to regular member status, the Clerks office will continue to obtain applications to fill the alternate positions. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 2. Planning Board/Board of Adjustments and Appeals/Design Council Member Watford moved to reappoint Devin Maxwell and Kenneth Keller as Regular Members, terms beginning Review Board. May 1, 2008 and ending April 30, 2011, and appoint Malissa Morgan as an alternate to replace Mr. Juarez, term beginning April 15, 2008 and ending April 30, 2010, to the Planning Board/Board of Adjustments and Appeals/Design Review Board; seconded by Council Member L. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. X. ADJOURN MEETING - Mayor. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:02 P.M. The next Regular Meeting is scheduled for May 6, 2008. Please take notice and be advised that when a person decides to appeal any derision made C$uneil-with iespectto-any7natter ns a-t-this ` meeting, he/she may need to insure that a verbatim record of the proceeding is James E. Kirk, Mayor made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records ATTEST: of the Clerk. X-) rl'4u'��Z Lane Gamiotea, CIVIC, City Clerk. 1 AFFIDAVIT OF PtLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #013584 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 In thin was published in said newspaper in the issues of Court, 04/10/2008 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. , Jr., (Pu Sworn to and subscribed before me this llJ 7/'�,— day of- rl� A.D. 2008 • Rosealee A. Brennan Commission #DD31M83 Expires: Jun 25, 2008 :9yFOF. e: BOndeflThlu Atlantic Bonding Co., Inc. CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City. of Okeechobee will meet in Regular Session on Tuesday, April 15, 2008, 6:00 p.m. at 6:00 p.m. at City Hall, 55 SE 3rdAve, Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend. For a copy of the agenda contact City Administration at (863) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this meeting, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clark media are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida. Statute 28626, persons with' disabilities' needing .special accommodation to participate in..this proceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 x 214; if you are hearing or voiceimpaired, call TDD 1-800-222- 3448 (voice) or 1-888-447-5620 (TTY). by:. James E. Kirk, Mayor Lane Gamiotea, CIVIC, City Clerk Publish: 04/10/2008 Okeechobee Tunes CITY OF OKEECHOBEE APRIL 15, 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 4 01. CALL TO ORDER - Mayor: ayo . April 15, 2008, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES; Invocation given by Pastor Ed Stewart St. Stephen, A ME, Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall • City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim May 18 -24, 2008 as "National Public Works Week." B. Present Hoot Worley with a Certificate of Appreciation for serving on the Code Enforcement Board. 15.2008 PAGE 2 of 4 V. WARRANT REGISTER • City Administrator. A. Motion to approve the March 2008 Warrant Register. Capitol Projects -Vehicles $888,355.68 General Fund $337,486.50 Public Facilities Fund $ 12,902.55 CDBG Fund $ 1,869.00 • VI. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 1, 2008 City Council Regular Meeting. a VII. AGENDA •Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only, proposed Ordinance No. 1016, regarding Future Land Use Map Amendment Application No. 08-003-SSA, submitted by Muhammad Nooruddin on behalf of property owner Husain Muzaffar, amending Lots 19 and 20 of Block 15, City of Okeechobee, from Single Family (SF) to Commercial (C) - City Attorney (Exhibit 1). • b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1016 by title only. 2.a) Motion to adopt Ordinance No.1016. b) Public comments and discussion. c) Vote on motion. APRIL 15, 2008 PAGE 3 OF 4 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED • Mayor. B.1.a) Motion to read by title only, proposed Ordinance No.1017 regarding Rezoning Petition No. 08-003-R, submitted by Muhammad Nooruddin on behalf of property owner Husain Muzaffar to rezone Lots 19 and 20 of Block 15, City of Okeechobee, from Holding (H) to Heavy Commercial (CHV) - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1017 by title only. • 2.a) Motion to adopt Ordinance No. 1017. b) Public comments and discussion. c) Vote on motion. C.1.a) Motion to read by title only, proposed Ordinance No.1018, amending Ordinance No. 995, Code Book Section 70-338, changing the application re -submittal period from one year to sixty days after denial - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1018 by title only. 40 2.a) Motion to adopt Ordinance No. 1018. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. IX. NEW BUSINESS, A.1.a) Motion to read by title only and set May 20, 2008 as a final public hearing date for proposed Ordinance No.1019, regarding Street Closing Application No. 88, submitted by David and Anita Nunez, Northeast 2"d Street, located between Blocks 147 and 148, City of Okeechobee Subdivision - City Clerk (Exhibit 4). • IX. )r NEW BUSINESS CONTINUED. .1.b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1019 by title only. B. C. D. 2.a) Motion to approve the first reading of proposed Ordinance No.1019. b) Discussion. c) Vote on motion. Quarterly update from Main Street, Inc. - Maureen Burroughs. Motion to award a bid for the Commerce Park Lake Excavation Project - City Engineer (Exhibit 5). Motion to award a bid for the purchase of a four-wheel drive tractor for the Public Works Department - Public Works Director (Exhibit 6), E. Consider Citizen Board Appointments - City Clerk (Exhibit 7). J1. Code Enforcement Board: Reappoint Regular Member Rennae Sweda, term May 1, 2008 to April 30, 2011. Reappoint and move from Alternate to Regular Member Heather Hancock, term May 1, 2008 to April 30, 2011, Move Penny Revels from Alternate to Regular Member, term May 1, 2008 to April 30, 2011. 2. Planning Board/Board of Adjustments and Appeals/Design Review Board: Regular Members Devin Maxwell and Kenneth Keller, terms May 1, 2008 to April 30, 2011. X. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based, City Clerk media are for the sole purpose of backup for official records of the Clerk, APRIL 15, 2008 PACE 4 of 4 Office of the Mayor Okeechobee, Florida 7 xo S public works services provided in our community are an integral part off r, `=citizenseveryday lives; and S, the support of an understanding and informed citizenry is vital to the efficient ' a operation of public works systems and programs such as water, sewers, streets and { highways, public buildings, solid waste collection; and EREAS_ the health, safety, and comfort of this community greatly depends on these, facilities and services; and :. WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public .works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme "Public Works: The Future is Now", is a tribute to the many positive improvements public works employees have made to our communities; NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim May 18 - 24, 2008, as "NATIONAL',, PUBLIC WORKS WEEK" in the City of Okeechobee. In witness whereof 1 have hereunto set,rny� hand a ca ed this sea/ to b_ :� Jams • Kirk Maye��' r Attest: ane Gamiotea; City K Date:` 11 li Vaice of dw Atay" eitv of(9&tee, geaxida &teu4d6 t/tia &xpwoao t of apnwiatim to AtaCk I(I(49;tO4Oe-) (WOA4�j 14a, A JUcagnitioa of fib Outatanding Sewice to ffw eom u nitiV 5 ite City and vom ge fow eU!zem Piave J3en4Wcd epw4 6# pm 2tmc(Aoh !DMwahm is ffw .1 v4ow once of you* Dutsee as Ate bm and efiniVewon of ffw Alcuj, 1,1999 to apWt 3C, 2COS giuen oaxmaq of tide eity eouneie tfib 15' dag of apWt, 2CV8 J& w4Wtwa tld41C 4 ,% ham fiewunte bet mv caved Afo oeat to Se affixed ed Y ja 5 C. XM, gamiotea., t? ue, 64 e&,& EXHIBIT NO. I APR 15r" - FINAL ORDINANCE NO. 1016 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 08-003-SSA), submitted by Muhammad Nooruddin, on behalf of property owner(s), Muzaffar Husain, Trustee, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on March 20, 2008, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. Ordinance No. 1016 - Page 1 of 2 SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.405 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 08-003-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: LOTS 19 AND 20 OF BLOCK 15, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No.1016 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and set for final public hearing on this 15" day of April, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 151h day of April, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1016 - Page 2 of 2 City of Okeechobee General Services Depar ent 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863)163-3372, ext. 218 Fax: (863) 763-1686 'Date: �� Petition No. Fee Paid: v �► 0 Jurisdiction: 1st Hearing.1 '�� 2ndHearing: Publication Dates: Notices Mailed: — 0 3 --SSA Comprehensive Plan Map Amendment Application Please Check One: ZsMall Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): b44 s /.,v /nlq j�dV Ya 5A99 Owner mailing address: / 2. l3 8 �ied ✓� ( �l�lcs% "G_ 3� 8� p Name of applicant(s) if other than owner (state relationship): vy*rl w Nopp-,�d1/A✓ e. Applicant mailing address: !la 3 /(/ • �HP2-0 1 ( 'OLlee ck,7hge R-5q i7,? A N. Name of contact person (state relationship): ft7glJ4mynk? pD,e�G/j�/Ov T Contact person daytime phone(s): n 3 - -76 3 7 7 7 3, Fax: ?ol'3—763.641� ✓ Property address / directions to property: 3'=� { �/� Laf N Parcel Identification Number: Size of the Property (in acres): p Current Zoning Designation: P R Current Future Land Use Designation: (/ O P Use of the Property: rtY= 5-1 1-e Existinge E Proposed Future Land Use Designation: R. T Proposed Use ofthe Property: A\ Y �o v r &41w-w , Description of Surrounding Properties: - UAC/wT (IV - U`,�cc fiA)T G/�V v �cc &w 7 L . Legal Description of the Property (Lengthy Description May be Attached): C ! y d /V;9-� /r , Ci,/T 0 lGde GLv� , > L Unifonn Land Use Application (r«. l2iO3) Page I of 2 Survey of Property (11" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) City Location Map I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. , 940emne) IY,9o9abh11v1 R;�„a ire Printed Name Date Unifonn Land Use Application nee 12/03) Page 2 of 2 10/25/2007 To City of Okeechobee Okeechobee, Fl To Whom it may concern: We Allow Muhammad Nooruddin to act on our behalf to change the LAND USE CHANGE FROM HOLDING TO CHV AND FUTURE LAND FROM SINGLE FAMILY TO CHV on lot 19, Block 15 M. city of Okeechobee:. Parcel ID 3-15-37-35- 0010-00150-0190. If any question, please call us at 863-447-0108. Thank you. s C., MUZAFFAR HUSAIN M.D 12138 Diedra Ct. Orlando, FI- 32825 SURAIYA HUSAIN M.D t J NOTARY PUBllC-ST47- 't:: T DRIDt1 fO/3o/a Shahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02, 2010 Bonded Thru A�landc Bonding Co., Inc. IM0492 Prt6�0007 W& Instmment Prepared By Documentary Stamps pall in the amount of A" Return kc ; ..._y TOM W. a Dmwa, III36 Post Offwe Dower 136T pass C Intangible Tax d in the amairlt ok.dwbm Florida 34973 of $ —a Sharon Robertson. Clerk of Circuit Court Yropetty Appraisers Farces IDt1: � OkeeCltDbae �FlWpfikdla��011.}IS-37-35-WID40020.0010r3.1537-35-WID-W1SDAOSO .: By:. /�I : 3.15-37.35-Wili-WI50-0190 .. Vale: This tastramad Is prepared Ikow Inbrmatioa pmvided.by the parties Markets Ily or Tole is ON tuaraateed aor atcatacy or the ti ttipnoo, a. ane-Was'eot ewo4ud .. 1VARRA INT DEED THIS W D made the day of December, 2007, by AU AB D HUSAIN' hereinafter called the to o MUZAFFAR HUSAIN, as Trustee or the MuraMr. Husain Revocable Trust dated 8i 6, whose postoffice address is 150 N.E. 13th Street, Okeechobee, Florida, hereinafter call tkmerever used baraln tta l.e r and taes shall laelode all parties to LUS isstruaest and the hairs, legal representativas ass! s lndtvlduals, and the successors and asslgas of carpurationa.) WrrNESSETH: That the for and in consideration of LOVE AND AFFECTION, herebygran ts, bargains, a re releases, conveys and corms unto the grantee allthat certain land situate in Okee bride, viz" Lots 1 to 5, inchlsive, B k 2, is 5, 6, and 19 to 22, inclusive, Block 15 OKEECHOBEE, acmrd hereof recorded in Plat Book 5, page 5, public records of Okeechobee County, Florida. The real property conveyed hereby is not the residence or homestead of Grantor and is not adjacent or contiguous to the residence or homestead of Grantor. TOGETHERwith all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the said property in fee simple upon the trusts and for the uses and purposes herein and in said trust agreement set forth. The Trustee shall have, without court order or approval, the power and discretion to do all such acts, undertake all such proceedings and exercise all such rights and privileges in the management of the trust estate as if the sole owner thereof, including, without limiting the generality of the terms hereof, all duties, powers and responsibilities granted to Trustees under Chapters 737 and 738, Florida Statutes, as presently constituted and as they may be amended from time to time. Any contract, obligation or indebtedness incurred or entered into by the Trustee in connection with said property shall be as Trustee of an express trust and not individually and the Trustee shall have no obligation whatsoever with respect to any contract, obligation or indebtedness except only so far as the trust property in the actual possession of the Trustee shall be applicable for the payment and discharge thereof; and it shall be expressly understood that any representations, warranties, covenants, undertakings and agreements hereinafter made on part of the Trustee, wholly in form purporting to the representations, warranties, covenants, undertakings and agreements of said Trustee, are nevertheless made and intended not as personal representations, warranties, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally, but are made and intended for the purpose of binding only the trust property specifically described herein; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against the Trustee individually on account of any instrument executed by or on account of any representation, warranty, covenant, undertaking or agreement of the said Trustee, either expressly or implied, all such personal liability, if any, being expressly waived and released and all persons and corporations whomsoever and whatsoever shall be waived and released and all persons and corporations whomsoever and whatsoever shall be charged with notice of this condition from the date of the filing of record of this Deed. pRO492 t!A0008 In no case shall any party dealing with said Trustee in relation to said property, or to whom said property or any part thereof shall be coriveyed, contracted to be sold, leased or mortgaged by said Trustee, be obligated to we to the application of any purchase money, rent, ormoncy borrowed or advanced on said property, or be obligated to see that the terns of this trust have been complied with, or be obligated to inquire into the necessity or expediency of any act of said Trustee, or be obligated or privileged to inquire into any of the terns of said trust agreement; and every deed, trust deed, mortgage, lease or other instrument executed by said Trustee in relation to said property shall be conclusive evidence in favor of every person relying upon or claiming under any such conveyance, lease or other instrument, (a) that at the. time of deliverythereot the trust created by this Indenture and by said trust agreement was in full force and effect, (b) that such conveyance or other instrument was executed in accordance with the trusts, conditions and limitations contained in this Indenture and in aid of the trust agreement or in some amendment thereof; and binding upon all beneficiaries thereunder, (e) that the Trustee was duly authorized and empowered to execute and deliver every such deed, trust deed, lease, mortgage or other instrument, and (d) if the conveyance is made by a successor or successors in trust, that such successor. or successors in trust have been properly .appointed and are fully vested with all the title, estate, rights, powers, authorities, duties and obligations of its, his orLhefrRredecessor in trust The interest okc4ph bedeficiary under the trust agreement hereunder and of all persons claiming under them or shall be only in the -possession; earnings, avails and proceeds arising from the sale or of a lion of said -property, and such interest is hereby declared to be personal property, and n he shall have any title or inures[, legal or equitable in or to said real estate as su in in the possession, earnings, avails and proceeds thereof as aforesaid. AND the grantor be said grantee that the grantor is iawfulty seized of said land in fee simple; that the grantor has ght and lawful authority to sell and convey said land; that the grantor hereby fully w nts o said land and will defend the same against the lawful claims of an persons who said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2001. IN WITNESS WHEREOF, the said grantor has signed and se ed these presents the day and year first above written. Signed, seated and delivered (SEAT-) in our presence. Ali A1914usain 12556 West Pasadena Avenue Litchfield Park, AZ 95340 WitneWs name typed or printed STATE OF ARIZONA COUNTY OF Mar final FILED FOR RECORD OXEECVO@EE COUNTY. FLA 382884" 02DEC 31 PH ht00 SIIAR.Qfl ROSERTSON CLERK OF CIRCUIT COURT The foregoing instrument was acknowledged before me this' day of December, 2002, by ALI JW HUSAIN who () is personally known t me pro ced Driver's license as identi n. No Public's 93 Notary's Printed Name My Commission Expires }({q ,$4k ZlaS (NOTARY SEAL) �J Okeechobee County Property Appraiser - Map Printed on 10/25/2007 8:22:12 AM Page 1 of 1 Okeechobee County Property Appraiser 3o 260. W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 31P E PARCEL: 3-15-37-35-0010-00150-0190 -VACANT (000000) S CITY OF OKEECHOBEE LOTS 19 - 22 BLOCK 15 Name: HUSAIN MUZAFFAR TRUSTEE LandVal $7,915.00 Site: 0, Okeechobee BldgVal $0.00 Mail: 150 NE 13TH STREET ApprVal $7,915.00 OKEECHOBEE, FL 349721940 JustVal $7,915.00 Sales 12130/2002 $0.00 V / U Assd $7,915.00 r Info Exmpt $0.00 Taxable $7,915.00 This information, Last Updated: 10/22/2007, was derived from data which was compiled by me UKeeCnooee county rroperry Appraisers Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or its interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes_ http://www.okeechobeepa.com/GIS/Print_Map.asp?pjboilbchhjbr ligcafccjfhojiaehdomhl... 10/25/2007 1375 J c, ,'treet, Suite 206 • Fort ,1 lorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Staff Report -Small Scale Comprehensive Plan Amendment Prepared for Applicant: Petition No. The City of Okeechobee Muhammad Noor uddin for Husain Muzafar, Trustee 08-003 SSA Staff Report Small -Scale Comprehe a Plan Amendment .licant: Muhammad Nooruddin Petition No.: 08-003-SSA Applicant Address: 1103 North Parrott Avenue Okeechobee, FL 34972 Applicant Fax Number: 863-763-6619 Contact Person: Zoning District Acreage Location: NE 12`h Street Muhammad Nooruddin Existing Holding CHV 0.405 0.405 Proposed Legal Description: Lots 19 and 20, Block 15 OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, page 5, public records of Okeechobee County, Florida. Description of the Request: The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property, (0.405 acres), this application qualifies under Chapter 163, F.S. as a Small Scale Amendment (SSA) to the Comprehensive Plan. �.. a Zoning District: Holding ,° .... .�� <�, h.m�n«-._, . _, ., _ ar.��...3�.,aitc .x .bi.. .< _4t x .. .. . 4: ?s East: Future Land Use Map Classification: Single-family AT Existing Land Use: Vacant a g....eand Ube 11!tap<7asspatonr"e., ufa}ly .0 . 3 . Zoning District: RMF h 1✓x1 e: Multi anvil andcari 5.. , West: Future Land Use Map Classification: Commercial �. fzog Dstnct=' Existing Land Use: Vacant Staff Report Small -Scale Comprehensive Plan Amendment ANwsicailL: Muhammad Nooruddin Petition No.: 08-003-SSA General ti The property is vacant. The owner of the property also owns lots 17 & 18 (0.327 acres zoned CHV) immediately to the west and lots 21 & 22 (0.346 acres zoned Holding) immediately to the east. It appears the Applicant will be using lots 17 through 20 for the construction of a professional office building. A. Consistency with the Land Use Categories and Plan Policies. The proposed professional office use for the property is consistent with the Commercial Future Land Use Category and the policies that govern this category. The proposed use, Commercial land use designation, and proposed CHV zoning appear to be consistent with the general pattern and the limits of commercial expansion evident in the area east of US 441 northward from NE 9th Street. As such, Staff believes the requested amendment is consistent with the Comprehensive Plan, particularly the Goal set forth on page 1 of the Future Land Use Element, and which reads as follows: "Through a well -planned mix of compatible land uses, the City of Okeechobee shall continue to maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost." B. Adequacy of Public Facilities The subject property is currently vacant. Development and subsequent occupation of the site will impact the City's ability to provide public facilities (i.e., roads, water, and sewer). The applicant has not submitted information regarding the projected demand on City water and sewer facilities nor an estimate of traffic generation. However, the adjoining property to the west has received site plan approval at which time we believe the availability and adequacy of water and sewer facilities was confirmed. While the Applicant is proposing a professional office use for the property, Staff has prepared a rough analysis of the likely traffic generation for the most intense use likely allowable under a commercial land use designation and CHV zoning. This would be a three-story, 12,500 square foot commercial building, with retail on the ground floor and offices above. By contrast, under the current Single -Family land use designation, the maximum development would be two single-family units. Following is a brief comparison of the projected demands upon public facilities under the current and requested Future Land Use designations. 2 Staff Report scant: Muhammad Nooruddin Small -Scale Comprehen Plan Amendment 9 Petition No.: 08-003-SSA Potable Water: LOS — 114 gallons per person per day Projected demand: 2 Single-family units= 5.4 persons @ 114 gpd = 570 gpd Projected demand retail/office use: OUA uses a standard of 250 gallons per day per unit. In this case, each unit would be each store or office. Unfortunately, it is impossible at this stage to estimate the number of units, but the prior site plan approval identified the availability of water service to the site. Sewer: LOS —130 gallons per person per day Projected demand: 2 Single-family units= 5.4 persons @ 130 gpd = 702 gpd Projected demand retail/office use: OUA uses a standard of 250 gallons per day per unit. In this case, each store or office would be considered a unit. Unfortunately, it is impossible at this stage to estimate the number of units, but the prior site plan approval identified the availability of sanitary service to the site. Solid Waste: The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other major developments in the City. It appears reasonable that the volume of solid waste associated with a development of this size can also be accommodated within the capacity of the County's Solid Waste Facility. Traffic: While the Applicant has indicated that he will be developing a single -story professional office building, upon approval of the Small Scale Amendment and subsequent rezoning, the Applicant will have the right to develop any use that is permitted within the CHV zoning district. Consequently, Staff has assumed significantly more intensive use of the property in its estimate of traffic generation than specifically proposed by the Applicant. Specifically traffic generation has been estimated based on a 5,000 square foot, high -turnover sit down restaurant and 7,500 square feet of medical/dental office space on the 2°d and 3rd floors. Based on the Seventh Edition ITE Trip Generation Manual, the weekday PM peak hour trip generation associated with the project could potentially approximate the following: 5,000 sf high -turnover sit down restaurant (ITE code 932) @ 10.92 trips per 1,000 sf = 55 trips 7,500 sf of medical/dental office space (ITE code720) @ 3.72 trips/1,000 sf = 28 trips Total Trips = 93 trips Staff Report Small -Scale Comprehensive Plan Amendment Al,,,,dcak.L: Muhammad Nooruddin Petition No.: 08-003-SSA The number of trips likely to be generated under the above assumptions is less than 100 peak hour trips and therefore no traffic impact statement is necessary and the use change is not likely to be considered to have a significant traffic impact. C. Compatibility with Adjacent and Nearby Land Uses There appears to be an increasing interest in medical/health care -related uses and other professional offices in the northern part of the City due, at least partially to the hospital just north of the city limits. The requested land use change is consistent with this trend and the pattern of land uses in the general vicinity. Such uses are compatible with the multi -family uses scattered in this vicinity as well as the vacant lands now designated for multi -family use on the Future Land Use Map. Recommendation: Based on the foregoing analysis, Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single -Family to Commercial. Submitted by: James G. LaRue, AICP March 12, 2008 Future Land Use Map (FLUM) Property Appraiser's Aerial Photograph Zoning Map 1" Public Hearing, Planning Board, March 20, 2008 M Staff Report Small -Scale Comprehente Plan Amendment Okeechobee FLUM — Subject Property COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE 10licant: Muhammad Nooruddin Petition No.: 08-003-SSA N.E. 14 TH STREET 13 TH STREET 12 TH STREET 1 3 2 1 5 6 7 8 6 4 3 2 1 6 7 8 9 10 11 g 7 6 5 4 3 2 1 E 9 a Y t g w ` g � PMi. f � e<� t ; Y neV sr t ea 7 _ � t kid i §,erg;" �� Staff Report Small -Scale Comprehens a Plan Amendment oicant: Muhammad Nooruddin Petition No.: 08-003-SSA Okeechobee Zoning Map — Subject Property z _ , c , a F2 r 7 I mr�NOT OPEN) N. 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N 8936 ' E 5f25a rN� N 29t9 u Pf - r� D)A EUE 1879 SHOWN R EON A B � �D& N 8958•Io' E 51250 W 'S e9567a' an � RFFERYRCE BENaR YARK USED: DEPARIYFNT g 14 N A9562E1-E 11257 W -;I ss.+ari- $I �N I .,o �r.r TAW AAr xac 15 1�J gj 17j18 i3Pm — ao 1 16 I N a936M7• E217.50' n! I I\ i — — � — •�' I �Efaa � ► I i � g 19 120 1 21 1 22 $ i 23 ► 24 � I � W 25 1 26 x 1. OS i eo I " •a 1 x •;� 1 " Ia— og I I I I S B95li2a-W 2175a• Sam Sam � A7156'7o W loam' W 29s/J' DF TRANSPORTATRW STANDARD 4•A 4 co oa1 CONCRETE BENCH NARK W7H BRASS DISK STAMED P'Burr DATE➢ 0H12-19B5 ELEVATION 21118 FEET (WVD) '29 ie aup • r / I I r� / I I I of 7) FLOW ZME NOT DEEERIOIED: PAR(IIS CUE WTNN TIE CRY LUTS OF OKEECHOBEE - z 6 1 7 1 8 i 9 110 1 11 mow sam• I mm• I Sam• MOD' » a7771) 1T 17P) ®362a- E 1i25o• ' TTIE [n TS AIr ` N 895fi2O- E 51250' 'MA u�oGr fduC I sC7 \�...SAd� XV tt .¢e' C� �� I N H956'M- E 36a77 .•� \ •••t�-_.. N. E. 12 TH STREET ser sir wre �' ' •mW --EE 'TT msr ' mom 75 - 'u� msr N 8956`20• E 6Mm' • '00 . A$mooW3 -} . ,7so Mon � 11 A!mF SOOG' Sm•MOO' SOa Saox moo* aSmi71m m � I{ I I ► i I { ► I I I I { i I„� I I. i FA_ �� ---- I .emu I { 1 110 I I g 1 7 9 I i { I 6 5 4 3 I ( 1 1 1 i 7 I I I I I �' 5 4 3 1 I 1 1 1 1 I� 1 i 18 ► I ► 1 1 TRADEWINDS PROFESSIONAL SERVICES, INC" TOPOGRAPHIC SURVEY SURVEYORS AND MAPPERS BLOCK 1, 2, 15, & 16 2o0 SW 3rd Avenue PREPARED FOR THE DELUSIVE USE OF - Okeechobee. IT. 34M AKBAR HUSAIN PLAT OF OKEECHOBEE T.L (h63) 783-M? PLAT BOOK 5 PAGE 5 O OKEECHOBEE COUNTY Kenneth A Breanx. Tr. (PS1a 4820) FLORIDA _ STANDARD UVDIM L Na seorrn or rNe putlic raea.as Iv aatmni.atian o1 o.eranip u ratnctions aN¢tv.g tl¢ IanGs tECEND stwn TOSS permaea nr ue w.vep.. O-Set 4on Ron mC Cop TWS 6719 o-Fo CM 2 Ins b"cY aapetee nne u P•ePa•al vtluvody b Nose Partin nolal --'— I.n, Rne (-- CoP) a -F—. Pipe (m.a Cep) 1 Np rtspp MY a Im-1 u eavnM nr Ue nr yo. b pse n, suers not apeof ur npenel y—TIONtv- Nee w9e b.aut [Ne ignoturc ma vntronm seal pe FlorWe fm.sm surveyor vW moppr #4Azn reo...,r,.,..t rnoberr wfa..n.wr_o.n. rs<c-rc S Thve ve nR r�Ie otwK gro.na e.uevdanmts vupt m sno.ti E/wF ..r ve.-,._.c FM-Fesec Rxla-P..s w..a,u sm_.y. s No onempt vas mane N lacare aMergra.ma Mprwsms.tx aM/v e.oaacNmei.ts (9 any) a: pare or p-r_"< IP'�"' Rp< prd0-ts r (w a eqz t-EM) �va� wrvey ...�.,.< ENN_,,,r,a,< 7. umsurvry .as prePar,e �. accvaonce ru min'arnun Ierl.rriW atm.aorLLs citoeFaAeA nr ens Florian u-Iy(nH�rerK,m.. ✓ Kr+I .rwC�yw+r ,v- Bona or Sarvepz oNa Mappers (Cl.aptr 6tG17-4 FAC) --t to Sc a72o27. Roriao PROJECT SPECIFIC LEGEND_ E/C -EDGE OF CONCRETE B/C BILIUMM CORNER WX BACK OF CIRB DOW _ SAM OF WALK CONST _ CONSTRUCTION CNP _ COMMWED METAL PIPE E/C _'EDGE OF CONCRETE Foe : FACE OF CURB GNO _ GROUND HO/M_ _ HEADWALL HYD _ FIRE HYDRANT W V _ N%OrT OSW _ OTHER SURFACE WATER PP _ Po9ER POLE PVMr _ PAYMENT SHW = SEASONAL mm WATER S/W CONCRETE SOEMX 708 = TDP OF BANG UTS _ TMOWNE RISER W/V _ WATER VALIE W/M _ WATER LIM OESfFlPIpN Br CKTOPOGRAPHIC SURVEY NEILAND ELEVATIONS 06 184/24-57 RLC K_ADD WETLAND AREA CALCULATIONS 0B 708-29�-136 Ig3/t7-T9 N/A RLC RLC KAB.ADD KAB Stir 1' = 50r A4ANIAA:,NBaP: 20269—TYPO IV, AGENDA -Chairperson, A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 08-003-SSA, submitted by Muhammad Nooruddin on behalf of property owner(s) Muzaffar Husain, Trustee. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for vacant property located on Northeast 12°i Street. Legal description, City of Okeechobee, Lots 3 and 4, Block 15 and is approximately 0.405 acre(s) - Planning Consultant. This application is associated with Rezoning Petition No. 08-003-R. Application will be forwarded in ordinance form for a final Public Hearing on April 15, 2008 before City Council. MARCH 20, 2008 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS- PAGE 2 OF 4 Chair Ledferd asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? Secretary Clement reported to the Board, Mr. Steven Ramunni requested a postponement of Petition No. 08-002-R to the April 17, 2008 regular meeting. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No.08-003-SSA, submided by Muhammad Nooruddin on behalf of property owner(s) Muzaffar Husain, Trustee. The application isto change the Future Land Use designation from Single Family (SF) to Commercial (C) forvacant property located on Northeast 121 Street. Legal description: Cityof Okeechobee, Lots 3 and 4, Block 15 and is approximately 0,405 acre(s). This application is associated with Rezoning Petition No. 08-003-R Mr. Brisson presented the LaRue Planning Staff Report of approval, stating the applicant meets all criteria of the Comprehensive Plan. It is compatible with the surrounding area. The applicant currently owns two lots adjacent to this property. One to the east and one to the west. The Planning Staff took the most dense use and applied traffic analysis to the area and determined that traffic is not an issue. Mr. Brisson also reported adequacy of public facilities. Board discussed the application briefly and made a motion to recommend approval. Board Member Burroughs moved to approve Future land Use Map Amendment Application No. 08-003-SSA and recommend to City Council to change the Future Land Use from Single Family (SF) to Commercial (C) for vacant property located on Northeast 12" Street; seconded by Board Member McCoy. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA CLOSE -ABSENT MAXWELL-YEA MCCOY-YEA JUAREZ-RESIGNED O'CONNOR-YEA MOTION CARRIED, Application will be forwarded in ordinance form for a final Public Hearing on April 15, 2008 before City Council. • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of 7 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of / V Afftant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to asu�bscrifore me this day of A.D. 20 9 COtt! "`�Y Hie, Janetta Thiboult 1 = Dommission # DD505311 o� Expires January 10, �010 i , Bunhetl troy Fan uisurance Inc 800.3g5.7019 EXHIBIT NO. C-- APR I- FIRST READING EXHIBIT NO. ,--- APR 15' - FINAL ORDINANCE NO. 1017 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Muhammad Nooruddin, on behalf of property owner Muzaffar Husain, Trustee, of the property more particularly described hereafter, has heretofore filed Petition No. 08-003-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.405 acre(s) from Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on March 21, 2008, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 19 AND 20 OF BLOCK 15, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE OCUNTY, FLORIDA, AND IS APPROXIMATELY 0.405 ACRE(S) SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District. The zoning for this parcel is subject to the further limitations of the Comprehensive Plan, Future Land Use Element, Policy 2.6. Ordinance No.1017 - Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 1" day of April, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 151h day of April, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1017 - Page 2 of 2 MARCH 21, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 6 V. OPEN PUBLIC HEARING CONTINUED. B. Consider Rezoning Petition No. 08-002-R submitted by Steven Ramunni, Consider Rezoning Petition No. 08-002-R submitted by Steven Ramunni, Esq. on behalf of property owner Mary Ann Esq. on behalf of property owner Mary Ann Newcomer. The petition is to Newcomer. The petition is to change the zoning designation from Central Business District (CBD) to Industrial (IND) for change the zoning designation from Central Business District (CBD) to property located at 701 Southwest Park Street and is approximately 0.642 acres. Brief Legal; Block 161, Town of Industrial (IND) for property located at 701 Southwest Park Street and is Okeechobee. approximately 0.642 acres. Brief Legal; Block 161, Town of Okeechobee Planning Consultant The applicant request to postpone and consider this petition at the April 17, 2008 regular meeting • C. Consider Rezoning Petition No. 08-003-R submitted by submitted by Consider Rezoning Petition No. 08-003-R submitted by submitted by Muhammad Nooruddin on behalf of property owner(s) Muhammad Nooruddin on behalf of property owner(s) Muzaffar Husain, Muzaffar Husain, Trustee. The application is to change the Future Land Use designation from Single Family (SF) to Trustee. The application is to change the Future Land Use designation Commercial (C) for vacant property located on Northeast 12th Street. Legal description: City of Okeechobee, Lots 3 and 4, from Single Family (SF) to Commercial (C) for vacant property located on Block 15 and is approximately 0.405 acre(s). Northeast 12" Street. Legal description: City of Okeechobee, Lots 3 and 4, Block 15 and is approximately 0.405 acre(s) - Planning Consultant. 11 This application is associated with Small Scale Land Use Application 08-003-SSA. III This application is associated with Small Scale Land Use Application 08-003-SSA. Mr. Brisson presented the LaRue Planning Staff report of approval, stating this property is consistent with the Commercial Future Land Use Category and the policies that govern this category. Also the proposed use and Heavy Commercial(CHV) zoning appear to be consistent with the general pattern and the limits of commercial expansion evident in the area east of US 441 northward from Northeast 9m Street and allow for development of a well -planned mix of compatible land used=s in the area. Vice Hair Hoover asked why heavy commercial and not commercial profession office. Mr. Brisson stated the applicant currently has two lots adjacent to the lots that he is petitioning to change and they have already been changed to heavy commercial. Boundaries or the heavy commercial zoning district were discussed by the Board. Mr. Brisson stated he would not recommend going any farther East with the heavy commercial zoning. MARCH 21, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF 6 AGENDA ACTION - DISCUSSION - VOTE V. OPEN PUBLIC HEARING CONTINUED. C. Consider Rezoning Petition No. 08-003-R continued. Board Member McCoy moved to approve Rezoning Petition No. 08-003-R and recommend to City Council to change the zoning from Holding (H) to Heavy Commercial (CHV) for vacant property located on Northeast 12'h Street; seconded by Board Member Burroughs. VOTE LEDFERD-YEA HOOVER -NAY KELLER-YEA BURROUGHS-YEA CLOSE -ABSENT MAXWELL-YEA - MCCOY-YEA JUAREZ-RESIGNED O'CONNOR-YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on April 15, 2008 Application will be forwarded in ordinance form for a final Public Hearing on April 15, 2008 before City Council. before City Council. 11 CLOSE PUBLIC HEARING VI. NEW BUSINESS. CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 6:30 P.M. A. Consider and discuss requests for amendments to the City's Land Consider and discuss requests for amendments to the City's Land Development Regulations Development Regulations -Chairperson. Board Member Maxwell questioned Mr. Brisson when the Comprehensive Plan would be reviewed? Mr. Brisson stated the Board should recommend the process be initiated. It comes up for review every seven years. He stated he believed the process was due next year. The Board discussed inconsistencies in the current zoning that need to be corrected, and requested Mr. Brisson initiate possible commercial overlay. Ivan. Brisson requested the Board to write their concerns and submit them to him, he would in turn talk with Jim LaRue and propose to City Council for a possible workshop. Master Land Development Application and Checklist: Rezone — Sg City of Okeechobee We: _ 5-- CIS Petition General Services Department Fee Paid: `0D Jurisdiction: 55 S.E. 3`a Avenue, Room 101 V Hearing: f C�' 2° Hearing: Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1686 Notices Mailed: Exception - Variance (Rev. 12/07) ?, rA:2 O Name of property • w► • !U Name of applicant(s) if other than owner / I1!- ©Name of • person (state relationship).: Contact person daytime phone�s): for i .'fir_?'" `t-ss "�. use, �t�.4�r ,,wt Ya T:�+.at,Y:�.c. .: �:.�c..:,,x�,..�,..,uxst.. '^ "• :t.:.,.�-� �caE., �..�, z�,.w.->.:.e;>t �,__..:..�.: / • DescribeST of property: • ' it •t Describe imlp—roNahents on property (number/type buildings, dwelling units occupied -or vacant, etc-.): (below for office use only) 10 Appro•x. acreage b��li u Is property in a platted subdivis one L NT Yes (_) No Is there a use on the property that is or was in violation of a city or county ordinance? Yes If, yes, describe the use and violation: 11 Have there been any land development applications submitted in the past year that involve any part of the property? (��No (Yes If yes, provide date, name of applicant, and brief description of the 12 nature of the application: 13 Is a pending sale of the property subject to this application being granted? C) Yes L_) No Do you own any other lands adjacent to the subject property? __)No Yes If yes, describe the 14 current and intended uses - Describe uses on adjoining property to the: North: Va_. _ -L_d ' South: tAF 15 East: Nest: <2+r/ 16 Existing zoning: Future Land Use classification 17 Request is for: Rezone (� Special Exception L_} Variance 18 Parcel Identification Number: '�j_ G'j �7 �� _ �S eC ► 0 — Co Master Land Development _ plication and Checklist: Rezone — Sl al Exception — Variance (Rev.12/07) use MM 19 Applicant's statement of interest in property &,,, 20 Last recorded warranty deed 21 Notarized letter of consent from property owner (if applicant is different from property owner) Property survey (onc copy 11" x 17" and two copies 24" x 36") containing: 22 a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25. Nonrefundable application fee: Rezone:$500; Special Exception:$250; Variance:$250;.all plus $30/acre. 26 I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may = resulting the summary denialof this application. oz - S--o b SL ture Printed Name Date For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, ext. 218 ,Rezoning-Specifie Application d Checklist • (rev.12107) . _.. Current zoning classification: lJ' Requested zoning classification G F - f A Describe the desired permitted use and intended nature of activities and development of the property? Is. a Special Exception necessary for your Intended use? (_) No Yes . If yes, briefly describe: C Is a Variance necessary for your intended: use? No (—) Yes- If yes, briefly describe: D Attach. a Traffic Impact Study prep-aied by a professional transportation planner or transportation engineer, if E the rezoning or proposed use will generate 100 or more peak hour veiucle.trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Th Generation F Attachment addressing the required _findings as described below: FINDINGS REQUIRED FOR GRANTING A REZONING OR- CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340 in the Land Development Regulations) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation, sufficient explanation and documentation to convince the reviewing bodies to find that: 1 _ The proposed rezoning is not contrary to Comprehensive Plan requirements. No 2_ The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 1-8-5 3. The proposed use will not have an adverse effect on the public interest. ►J C� 4- The proposed 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. ylp— S 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-},i o 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 �► S - " 7- The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. NO 8_ The proposed use, will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9_ The proposed use has not been inordinately burdened by unnecessary restrictions_ P c) The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial_ For questions relating to this application packet, call the General Services Dept_ at (863)-763-3372, Ext. 218 Page I of I 1,K0492 PA010007 Thta Ina gat Papurd By Docurnelltary S raps paid in the amount of And Fetus to TOM W. OONELY, III Yost ofice Drawer 1367 Class C Intangible Tax id in the amount , . Okeechobeq Florida 349n _ Of Sharon Robertson, Clerk of Circuit Court property5pared ID* Florida �ri%%; ' -00 37-3510-0002D4010 - 3-15-37.3501110.0015D- M I 3.15.37.35-WIO-0015"190 provd.by the parties M_blsblaty of Tale is not Smranteed nor accuracy of the This Irarament Is p4a;;d horn Informalton tde dewx*Ioo, is udewas not examined. THIS WARRANT, hereinafter called tAll Revocable Tmst date Florida, hereinafter prherever used wart^tahtisvCO es heirs, eg psvea WARtANW DEED �tDOMIZ2=11USAIN, &day of December, 2002, by ALI ABID HUSAIN. ias Trustee of the Muzailkr Husain 6, whose postoffice address is 150 ME 13th Street, Okeechobee, WiTNFSSE : That hereby grants, bargains, s' certain land situate in Oke end •yr:ateM sha1S include ell'parties to this Instrument and the t individos22; and the auteessoza and assigns of cvzporselons-/ 1 for and in consideration of LOVE AND AFFECTION, rn releases, conveys and wnfirms unto the grantee allthat r�Florida, . Lots 1 to 5, inclusive, B k 2, is 5, 6, and 19 to 22, inclusive, Block 15 OKEECHOBEE, accord ereof recorded in Plat Book 5, page 5, public records of Okeechobee County, Florida. The real property conveyed hereby is not the residence or homestead of Grantor and is not adjacent or contiguous to the residence or homestead of Grantor. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining_ TO HAVE AND TO HOLD the said property in fee Simple upon the trusts and for the uses and purposes herein and in said trust agreement set forth. The Trustee shall have, without court order or approval, the power and discretion to do all such acts, undertake all such proceedings and exercise all such rights and privileges in the management of the trust estate as if the sole owner thereof, including, without limiting the generality of the terms hereof, all duties, powers and responsibilities granted to Trustees under Chapters 737 and 739, Florida Statutes, as presently constituted and as they may be amended from time to time. Any contract, obligation or indebtedness incurred or entered into by the Trustee in connection with said property shall be as Trustee of an express trust and not individually and the Trustee shall have no obligation whatsoever with respect to any contract, obligation or indebtedness except only so far as the trust property in the actual possession of the Trustee shall be applicable for the payment and discharge thereof; and it shall be expressly understood that any representations, warranties, covenants, undertakings and agreements hereinafter made on part of the Trustee. wholly in form purporting to the representations, warranties, covenants, undertakings and agreements of said Trustee, are nevertheless made and intended not as personal representations, warranties, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally, but are made and intended for the purpose of binding only the trust property specifically descn-bed herein; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against the Trustee individually on account of any instrument executed by or on account of any representation, warranty, covenant, undertaking or agreement of the said Trustee, either expressly or implied, all such personal liability, if any, being expressly waived and released and all persons and corporations whomsoever and whatsoever shall be waived and released and all persons and corporations whomsoever and whatsoever shall be charged with notice of this condition from the date of the filing of record of this Deed- OR tv92 PAU10008 In no case shall any party dealing with said Trustee in relation to said property, or to whom said property or any part thereof shall be conveyed, contracted to be sold, leased or mortgaged by said Trustee, be obligated to see to the application of any purchase money, rent, or money borrowed or advanced on said property, or be obligated to see that the terms of this trust have been complied with, or be obligated to inquire into the necessity or expediency of any act of said Trustee, or be obligated or privileged to inquire into any of the terms of said trust agreement; and every deed, trust deed, mortgage, lease or other instrument executed by said Trustee in relation to said propertyshall be conclusive evidence in favor of every person relying upon or claiming under any such conveyance, lease or other instrument, (a) that at the time of delivery thereof the trust created by this Indenture and by said trust agreement was in full force and effect, (b) that such conveyance or other instrument was executed in accordance with the trusts, conditions and limitations contained in this Indenture and in aid of the trust agreement or in some amendment thereof; and binding upon all beneficiaries thereunder, (c) that the Trustee was duly authorized and empowered to execute and deliver every such deed, trust deed, lease, mortgage or other instrument, and (d) if the conveyance is made by a successor or successors in trust, that such successor or successors in trust have been properly .appointed and are fully vested .with all the title, estate, rights, powers, authorities, duties and obligations of its, his or theh-predecessor in trust The interest ok4Sh bedefrciary under the trust agreement hereunder and of all persons claiming under them or shall be only in the possession; earnings, avails and proceeds arising from the sale or of a lion of said_ property, and such interest is hereby declared to be personal property, and n hereunder shall have any title or interest, legal or equitable in or to said real estate as su n interest in the possession, earnings, avails and proceeds thereof as aforesaid. AND the grantor he y O r said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has o ght and lawful authority to sell and convey said land; that the grantor hereby fully w nts said Iand and will defend the same against the lawful claims of all persons whom tha said Iand is free of all encumbrances, except taxes accruing subsequent to December 31, 2001. IN WITNESS WHEREOF, the said grantor has signed and se ed these presents the day and year first above written. Signed, sealed and delivered (SEAT.) in our presence: Ali A61K Musain 12556 West Pasadena Avenue Utchfield Park, AZ 95340 FILED FOR RECORD OXEF.CNOBEE COUNTY. FLA 02 DEC 31 PH 4= 00 Witness's name typed or printed S14AR014 ROBERTSON CLERK OF CIRCUIT COURT STATE OF ARIZONA COUNTY OF AdQ g 100}rM i The foregoing instrument was acknowledged before me this V�ay of December, 2002, by ALI HLTSAIN who () is personally known t me pro red Driver's license as identi n_ No Publics i 21 re ad- S' Notary's Printed Name My Commission Expires: • J� S`1k 74jr (NOTARY SEAL) MHURCI-I PtrEllo-Arizona Oocrt isaloExpires AIiOlJ8T 6, 2005 @ CAM112M01 CamaUSA Appraisal System Okeechobee County 10/25/2007 15:03 Legal Description Maintenance 7915 Land 002 Year T Property Sel AG 000 2008 R 3-15-37-35-0010-001 50-0190 ... Bldg 000 Xfea 000 HUSAIN MUZAFFAR TRUSTEE 7915 TOTAL B 1 CITY OF OKEECHOBEE LOTS 19 - 22 BLOCK 15 2 3 .4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 = 21 22 23 24 25 26 27 28 Mnt 6/06/2000 KOKOMO F1=Task F3=Exit F4=Prompt F10=GoTo PgUp/PgDn F24=More >........�.v v..v vvaau>) i avyyvi �y rl�ltll LLLJ41 — 1v1[LF.L1111LC;U Vll 1VIGJ/GVV I O.LG.1G ti1V1 rage i of 1 Okeechobee County Property Appraiser 13g W.C_ "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 3-15-37-35-0010-00150-0190 -VACANT (000000) CITY OF OKEECHOBEE LOTS 19 - 22 BLOCK 15 Name: HUSAIN MUZAFFAR TRUSTEE LandVal $7,915.00 Site: 0, Okeechobee BldgVal $0.00 Mail: 150 NE 13TH STREET ApprVal $7,915.00 OKEECHOBEE, FL349721940 JustVal $7,915.00 Sales 12/30/2002 $0.00 V / U Assd Info $7,915.00 Exmpt $0.00 Taxable $7,915.00 This information, Last Updated: 10122/2007, was derived from data which.was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraisers office_ The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa-comIGISITrint Map.asp?pjboiibchhjbnligcafccjfbojiaehdomhl... 10/25/2007 10/25/2007 To City of Okeechobee Okeechobee, Fl To Whom it may concern: We Allow Muhammad Nooruddin to act on our behalf to change the LAND USE CHANGE FROM HOLDING TO CHV AND FUTURE LAND FROM SINGLE FAMILY TO CHV on lot 19, Block 15 in city of Okeechobee. Parcel ID 3-15-37-35- 0010-00150-0190. q-y''- If any question, please call us at 863-447-0108. Thank you. 1 MUZAFFAR HUSAIN M.D 12138 Diedra Ct. Orlando, Fl- 32825 SURAIYA HIJSAIN M.D L fo�3o/ NOTARY PUBLIC-STrs"T OF T `ORIDA Shahnaz Akhtar Khan Commission # DD535559 Expires: APR. 02, 2010 Bonded Thu .�aantic Bonding Co., Inc. 0 • Muhammad Nooraddin Response to standards, for considering a change in zoning (rezone) I The response rezoning is not contrary to Comprehensive Plan requirements The request for a Small Scale Comprehensive Plan Map Amendment and change in zoning would not be inconsistent with the intent of the Future Land Use dement of Comprehensive Plan. The surroundings land uses are CHV. My 4 lob west of the subject property are zoned CHV. These 2 lots will be part of the project that I am trying to do. Z. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use, CHV development is specifically provided for under CHV zoning district_ The proposed CHV's are consistent and compatible with existing CHVs development and are not contrary to the existing CHV in the general area. 3. The proposed use will not have an adverse effect on the public interest I desire to construct one story professional office instead of story professional building whose site plan have been approve 1.5 yr ago. on the subject property should not have an adverse affect on the public interest norwould it adversely influence living conditions in the general area. The additional of .4 acres of CHV WILL BE CONTINUATION OF THE EXISTIONG CHV zoning in an area. TARE FORE, It will have no adverse effect on the needs of neighborhood or the city 4. the proposed 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. FEB-eb-dUUM MUN) I1:49 NtW HMtHiLHN Nl IrHA)ItSbJfbJbbly r.uu3/uuu The use is appropriate for the location proposed which is located in a neighborhood that has experienced similar development on like sized parcels. As there is an established - trend in the immediate neighborhood toward CHV development it is reasonable that this parcel be rezoned to CHV to match the neighboring chv zoning. The addition of a small CHV development in this area would not excessively increase traffic. My approved site plan already suggested. This minor change of CHV WILL BE ADD ON TO MY EXISTING PROJECT of professional -office. The MODIFY site plan review process will ensure that impacts for the development do not adversely impact surrounding properties with respect to drainage. Impacts of a magnitude that would require mitigation appear unlikely for a development of the scale that is being requested in this application. S. The proposed use will not adversely affect property values or living conditions, or= be a deterrent to the improvement or development of adjacentproperty. This is a CHV area, consisting of vacant land currently wit CHV zoning approved, commercial and industrial uses but consisting primarily of vacant property with CHV zoning and a holding classification and the potential likelihood of higher mfr residential development ON SOUTH of subject property. The proposed zoning and subsequent development are compatible with the area and accordingly should not adversely affect property values in the area. 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. My 4 lots on immediate WEST of the subject property already have CHV status. The subject property is adequate area to provide for any required buffering as deemed necessary during the modify site plan review process. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed change would allow for CHV development. The proposed change would not alter the population density pattern. There would be NO/minimal impacts to public facilities with the proposed change. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. FEU-eb-EUMMUN) I I: ay NtW HMtKILHN HI IrHX) ItSb3fb3bbly t'. UUtI/UUa is 0 The proposed change will allow for CHV development of the site that has been approved for professional office. I am trying to eliminate 2 story building and go one story only. This is the reason I am buying the adjacent two lots to fit the building and parking lot. The square footage will be more or less the same. It should not adversely impact traffic congestion or public safety. Any specific development would undergo a site plan review process to evaluate traffic impacts, and address the need for mitigation, if appropriate. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted to the public welfare. The request for a change in zoning to CHV is within an area of the city that is appropriate for consideration. There is adjacent: and nearby CHV zoning and uses in the area_ The proposed change is consistent and compatible with surrounding uses. The proposed change will not constitute a grant of special privilege to as individual owner as contrasted with the public welfare. id o l acxson -�, creet, 3mce quo Fort M , Florida 33901-2845 • Phone -334-3366 Fax: 239-334-6384 Email: jim@larue-planning.com 0 0 0 Le"i 7n=,-To,, f'i Rezoning Request Preparedfor City of Okeechobee Applicant: Muhammad Nooruddin for Husain Miczaffar, Trustee From: Holding To: CHV Petition No. 08-003-R Staff Report Rezoning Request Ap, :ant: Muhammad Nooruddin Petition No.: 08-003-R General Information C©ntaFl�onNnbez� 8�73) ;w86� 661�k �Rx XMF x t1II n x a Pt'O OS�� ,m Acrea e X�'5 p 4Q5� N ,. Location: NE 12a' Street Legal Description: Lots 19 and 20, Block 15 OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, page 5, public records of Okeechobee County, Florida_ Request: i The Applicant requests a zoning change from h-(Holding) to CHV (Heavy Commercial) for future development of professional offices. Staff Report AWant: Muhammad Nooruddin Rezoning Request 0 Petition No.: 08-003-R Adjacent Future Land - Map ClassificationsDistricts: �� II t- Ek AtFEI l h�It-.SIDLE JE FR I�-1 �f!\NIII-A4ELEi.E�"' n.u� i?g ADistri�� Holdmg ., `-w�',,,,, :; -,-d ,a i.'�1+® ...r€ u-... cp _§ -?.� •,.,4 �,��`-i.>�;s All gym. a 1.. �W.,� ma ,Tiawa No ah General Comments: The property is vacant. The owner of the property also owns lots 17 & 18 (0.327 acres zoned CHV) immediately to the west and lots 21 & 22 (0.346 acres zoned Holding) immediately to the east. It appears that the Applicant intends that this property will be developed for professional office use in concert with the above identified parcels Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has submitted responses addressing each of the following conditions in support of the request to rezone the subject property to CHV. Staff does not disagree with the Applicant's responses and offers the following comments 1. The proposed use is not contrary to Comprehensive Plan requirements. The requested rezoning to CHV and proposed professional office use for the property is consistent with the Commercial Future Land Use Category and the policies that govern this category. The proposed use and CHV zoning appear to be consistent with the general pattern and the limits of commercial expansion evident in the area east of US 441 northward from NE 9`h Street, and allow for development of a well -planned mix of compatible land uses in the area. 2 Staff Report Rezoning Request Ap. ;ant: Muhammad Nooruddin Petition No.: 08-003-R 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Professional offices are allowed in the CHV Zoning District. However, upon rezoning, the Applicant will not be limited to the professional office use, but will retain the option of developing the property in any of the uses permitted within the CHV district. 3. The proposed use will not have an adverse effect on the public interest. As an expansion of a use having already received site plan approval, the additional land area to be devoted to professional office use is not expected to 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 immediate surrounding area is largely vacant with the nearest neighbor being a multi- family use to the south. Professional office uses are located immediately to the west of this multi -family use and the addition of professional offices on the subject site is also considered compatible. Expansion of the C14V zoning in this area is consistent with the general pattern and the limits of commercial expansion evident in the area east of US 441 northward from NE 9' 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. Professional offices are considered to be compatible with multi -family and other residential uses and should not be a deterrent to improvement or development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood An office can be suitably buffered from surrounding uses if necessary, particularly if the property is joined in development with adjacent properties owned by the Applicant. The details of necessary buffering will be addressed during the site plan review stage. 3 Staff Report A ant: Muhammad Nooruddin Rezoning Request • Petition No.: 08-003-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density is not an issue and the analysis provided in the Staff Report addressed the issues of public services and traffic and the results are not expected to overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The aforementioned Staff analysis has not indicated potential problems with regard to traffic congestion and only standard drainage improvements are expected to be necessary and are not anticipated to create any flooding or drainage problems. Specific improvements will be reviewed and approved during site plan review. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. Based on the foregoing analysis, Staff recommends approval of the Applicant's request to rezone the property from Holding to CHV. Submitted by: James G. LaRue, AICP Planning Consultant March 12, 2008 Zoning Map of area Property Appraiser's Aerial of site and surrounding area 1 st Public Hearing, Planning Board, March 20, 2008 4 Staff Report Rezoning Request Api ant: Muhammad Nooruddin Petition No.: 08-003-R z yu City Zoning Map — subject property ZONING -- gloNcvBI— CBD - CObbt BUSINESS DISTRICT CHV- HEAVY COMMERCIAL CLT-LIGHT COMMERCAL CPO - CONVi PROFESSIONAL OFFICE HOLDING IND- INDUSTRI� pug. PUBUC FACUTIES PUD AIXED PUD R Rf,Y - RESIDEVrI M ItM FAh.4LV RESICEKTl4 UC6LE H.X'E RSFI-RESIDO:T S.N_L E FAI,ILL�" RSFi - RESIDENF- SIlt."--.LE F—kY : .37 k .� '- 5 Staff Report Rezoning Request A00ant: Muhammad Nooruddin Petition No.: 08-003-R Okeechobee County Property Appraiser's Aerial The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA �— — COUNTY OF OK EECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a • in the matter of is in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of `f" / Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. J / �iC [3� Sworn to subsclqbefote me this ' day of CR i R A.D. 20 7 N§W Public, State of Florida at Large Janetta Thiboult Commission # DD505311 l o Expires January 10, 2010 -t domed Troy Fain Insurance Inc WO-385.7019 RXNiW M0. 3 APR Iff- FIRST ROV00 Fxww M0. ,3 APR 15r" - RMAIL ORDINANCE NO. 1018 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 995, CODE BOOK SECTION 70-338 CHANGING THE APPLICATION RESUBMITTAL PERIOD FROM 60 DAYS TO ONE-YEAR AFTER DENIAL; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 21, 2007 the City of Okeechobee, enacted Ordinance No. 995 which amended Code Book Section 70-338 and changed the application re -submittal period from 60 days to one year after denial; and WHEREAS, the City of Okeechobee, amends Ordinance No. 995 changing the re -submittal period of a denied application back to 60 days; and 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 70-338. Application for rehearing. When, after a public hearing, a petition for a comprehensive plan or land development regulations amendment, zoning district boundary change, appeal of an administrative decision, special exception use, or variance has been denied, a petition for the same request cannot be resubmitted for a period of at least 60 days one -year -after denial. 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 V of April, 2008. ATTEST: Lane Gamiotea, CMC, City Cleric James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 15' day of April, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Language to be added is underlined Language to be deleted Is to be shuck dnongit Ordinance No.1018 - Page 1 of 1 0 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ({ Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. a Sworn to and-stfhscribe"fore me this day of A.D. 2001 o blic, State of Florida at Large (,f3 ic(q I"M y P& Janetta Thiboult Commission # DD505311 Expires January 10, 2010 F FL� Bonded Troy fain Insurance. Inc800385-7019 EXHIBIT NO. APR 15T'ff fTREAD EXHIBIT NO. MAY ZO'" - FINAL ORDINANCE NO. 1019 AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF NORTHEAST 2ND STREET AS DESCRIBED HEREIN; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; 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. 88) from property owner(s) David and Anita Nunez, for the closing of a certain right-of-way as described in this ordinance to adjoin their properties and develop a multi -functional building; 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: That portion of Northeast 2"d Street from Northeast 7th Avenue East to the dead-end as situated between Blocks 147 and 148, City of Okeechobee Subdivision, according to the plat thereof as recorded in Plat book 5, Page 5, of the public records for Okeechobee County, Florida. Section Two. The City of Okeechobee Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility purposes, in and over the right-of-way as described herein. Said easement include such purposes including but not limited to overhead and underground utilities; drainage improvements and facilities, culverts, baffle box and clean -out; all as needed and in the sole discretion of the City as directed by the Department of Public Works, and at the sole expense of owner, his successors and assigns. Should it become necessary to move the easement and improvements, construct a paved right-of-way, or such other improvement, or to maintain the right-of-way or drainage facilities, all such costs associated therewith shall be at the sole expense of the owner, his successors or assigns. Section Three. In the event that said property owner, or his heirs, successors or assigns should fail to obtain from the City of Okeechobee, Florida a Certificate of Occupancy for the complete commercial development anticipated by owner on Blocks 147 and 148 within twenty-four (24) months of date of this ordinance, then said right-of-way shall revert to the City of Okeechobee without further action, be considered an open City street, and this ordinance declared null and void. The time period(s) herein may be extended by the City upon good cause shown. Section Four. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Ordinance No.1019 - Page 1 of 2 Section Five. This ordinance shall be set for final public hearing the 20th day of May, 2008, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 15th day of April, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 20th day of Mav, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1019 - Page 2 of 2 • EXHIBIT NO. 4 APR I" AGENVA MEMORANDUM To: Mayor and Council Members From: Melisa Eddings, Deputy Clerk ` Subject: Street Closing No. 88 Date: March 27, 2008 Attached is a completed street closing application submitted by Anita and David Nunez, to close the partial street East of Northeast r Avenue between Blocks 147 and Block 148, City of Okeechobee Subdivision. The purpose of the street closing is to adjoin their properties. None of the Utility companies require any type of easement. Public Works Director Robertson and City Engineer Bermudez object to the street closing, due to drainage problems and easements. Administrator Whitehall has stated that a drainage easement has to be secured. The decision before the Council would be to either deny the application, or instruct the City Attorney to draft the appropriate ordinance closing the street and present it for first reading at the April 15, 2008 meeting. Should you have any questions please do not hesitate to contact me. Thank you. �.. _ ��(� i �� 6' i�! �� i r ��'/p,a IIIIIII��I�I�IIIp�IBlll�l�l�lll C1t� 1Y. t010511 r'G 11Si ,-: , SHARON ROBERTSONr CLERK OF CIkCUIT COURT `7r }i� � - `OF, ECHOBEE COUNTYr FL i '1�� '�hl� Ddiwnldt $repared by and Return to: RECORDED 09/18/2003 041$2 t 46 Fhl t COffSLY •&';CONEL7C, P.A. RECORDING FEES 10:50 TOfK iq CONaLY; iii DEED DOC 952.00 k' yr1,40i i� �t -: 6TS STREET RECORDED BY N Arnold b: bi ER.1367 OR$�C$O»88i FL ' 349 73-1367 a a 1�arteliriivomhar 3-15 3'�=35-0010 0].470 0060 9� ° .�' . ,tr'teatea � TIN• - _ p .`"f.7'�:T�L'.;f1S.0 x hi5 Ll6rita%ei fvlade tarts 2 1 th" day of Jujn� t ; 2003 AABetvYeak a RE1 B t CACKLE 'D +tA k2{ df t$e Couaty of ,t ' State of Flbrida ; gJ>fl<ntor; end iI'tiIt3 t�T[7NI4�y .t7R. id'ITITA ;3. .NUNi3 histrrtife �Ivirtls6 address >s 208$ S aE.Y 4th Etrt3et� blEegetzobeey FL 34974 ,,i f ihd Co�mty;of OktiT3dhbbee Florida ;grantees.. ' :� �1�t1C§�eTII that the GTtANTOIf, fot and ul tohsldet8twa o�'thb Bom df .� �^,�� - A � s { - _ _ _ Y '" t�i1d dthef good end i eluabk : btin§idenuwri' td' QitA1�TOR �d bandaptlid �y GRA�TIFPS,' the. mceipt Whaeof 1i hareby sclmowkdgcd, b" r r ^"�lw gm�, &igeined And kold Eo t�ia sold C.RATTTEF �T1'ESl heus,; sori and iiss gas forever, the fonowwW described fend, cihlsce, `Tr}.E„ t ; y t Jt lymgddd lemg,nthacoantyo� Ok tr�li2ib�d 2 � fg s rt r slate {>r Floricta . to wit p . 1 l 96 ibi.t "At+ 'att&bhi1dlhh6iatd, s 3 Q �tOPERTY H$RB*] CONY$D, DO$§t4OT,,C0R tTIttfVL THE HOMESTEAD t :_ P1tO11LitY bF i3Riycrett a,��,,jota� , 3 mi ` �$ iib�e t tl� rebtric�titii ej"i na iiie ioii� ei eeg�ut�ate Ok recbtcio 7 1yfF bibh :are riot reim�ii3i�ed hei'r?t3�jrfVi cl�tAise�R flub ndt3uli tb December 3 r ,zbo�:?r,k 9��ptir±,.f t� !I, i J, a }3 t'�-s" X h ti 2�rri"..i } r # � : k r j i".. � � �- : i A ' � _,•. � a �"er�.�, � '. ., 41 1 4 IF i Aw. , S, tit `rr` '7A..C. xU rfi��kr J F ark jl, - - i`, NVVI�Tr�5im'the+giantor does lxreby-fully Warrant the title to said laud; and willJdefend the samd against lawfiil claim§ of sll patson4 whomsoever �t>i§ei ed, Jdre gahtor ties hetednlo 'set his Land and Seal the days end year first above wntten all!MO t:iu d delWe fl lts fiu>+ prrisence: , r" EVA `� CONSLYi `n F D 241 CACKLE �� ,_� ��1t�16 � �'�� ,s sr—�—>> ' p O Address Pott bi11Ce t#oi 103� InvetdEsi, FZ 34451 ,: !PM 4�t '•s At3t#" TAfi i I+; FLORIDA f c0OF. OIZEECHOSEE N l �'F The � instt.Las aolowWledged befor6me tine 27th day of t7UAA 9 2003 by RED ► `MAC�LT3 F * { ! �k tx r '^ ,7x- the rs ersona�i IDd � r7.- - � i✓ :tit -.r � t `t'U -_�:u ` t ' ' ; : EVA MAE COMP SaV� s t}+� rti i�f1t COMIdI$SION / CC 1180503 ` ,.44 5 _; "w EXPIRES Dbaembtirl2 2004: EVA 14AE ` CONELY t. , d,k z t F�.� F.,^'� ,ea�aTMu na.Fy ruhk Un4nnln- . NotakY-F Pubi. id . g" �� c ? s a My Com®ssrou Ewes:: 12 / 12 / O v -9K 005ii PG E)GMtr,. «As $ Lots b, 7,8 and 9 ofBlock 147, OKEECHOBEE, accordmg to the plat theteofrecorded in Plat Book 5, Page 5, public records of okeechobee,County. Florida t .. AND, - $EGG at the Northeast oorner of 1.ot 9 of$loek 14�1; bI�EEC14OBEE, according to the plat thereof recorded MI Plat Boo1< 5, liag �;`�ubhc records of` Olceechoisee County; Florida, .and Sotith*bsterly, a6g the East hie of said Lot 9 to the Southeast corner of said Block 141, thence ruii Souitrovesterly to4the Northeast corker of,fracttoiialdcldof said lilat of .Okeechobee �• 4 n' thetiod rtui al n' the 1?astetletteioii"ofthe Nofth`"rr btu §yid Biock 14$; to the Western shoreline of Ta�+lor Creek; thoncerdn1�'riheagterly; tiloiigaiesteiii K 3 §hoielirie; to th@ inteisechon Atli the Easterly extension ofthe i`T0IC[L hii0,of 4; aforesaid LbI. theiic rutr est; along the extended 140rtli lute of acid Lot 9, to the POINT OF BEGINDVOj ``. a l: • ,rd t i t _ i s .4 k .. a 4 J 'niN� ] ^• _ Ley _ s oj _ r t z d T4 4`� Y •'l h +CF ✓ 4 r � �'' �. rt ` t t � $� f % � at i x i f .. .. [ 341 Y _- t I -..• - . �S �`' - i0. 5o a 3SD- 00 ThhDowma9 hepur" By and Raftm or COMELY a COMELY, g.A. TOK W. COSY, =1 401 W.W. 6TX VERwT P.O. DRAMA 1367 ORR8CHOWM, FL 34973-1367 r.mdEDNumber. 3-15-37-35-0010-01480-0010 Gaotee f1 TIN: Gantee 12 TW-. Warranty Deed This Indenture, Made this 27th day of June FRED B. CAGLE FILE HUM 377905 OR BK 00511 PG 1160 SMAROM RMMUSONr CLERK OF CIRCUIT COURT ()KEEDIUSEE COURTYr FL RECORDED O4/18/2003 04*048 Ptl RECORDIN6 FEES 10.50 DEED DOC 350.00 RECORDED BY H Arnold , 2003 A.D., of the County of Scale of Florida DAVID NUNEZ, JR. and ANITA S. NUN6, his wife whose address is: 2085 S.B. 4th Street, Okeechobee, FL 34974 Between , grantor, and of me county of Okeechobee , state a Florida , grantees. Witsesseth dmft GRANTOk for and in wngdm dm of &e —of ---------------------- -TEN DOLLARS ($10)----------------------- DoueRs, and otter good and whab(e amudpm on to Eztt QUOR in band paid by GRANTEE& to —cqd wbmwf a hmeby aclmowledged, has gn ntcd, bargained and sold to tiw said GRANTEES and GRANTEES heir, succawm and assigns ibrere , the following desmibed WA shoat'. lyingandbemginmecountyof Okeechobee Steto of Florida towdr See Exhibit "A" attached hereto. THE PROPERTY EMUCIN CONVEYED DOES NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2002. and the gnnoor does hereby flan warrant the title to said h ul, and wM defmd the sama against hwfol cb&W of al persons wbomseerer. In Witness Whereof, the w-wr has hmeanto set bis band and sal tha day and ymr flm about writtm. Sipe .seaW and deliver our presence: &5�� (Seal) 8VA CONSLY FRED S. CAGLE0*1 Witness P O Addtew FastoMm Buz 1o73.Io wnee. FL 34151 �G TOM iT- 1 r wi ss STATE OF FLORIDA COUNTY OF OXEMMOB23 7be foregoing imtrunrAd was a ledg'd before me this 27th day of June , 2003 by FRED B. CAGLE bcspVS=a&ylmowaaa - am BO MAECOMY e. WCOYRiSM41cC9B0'503 F ' EVA LAIR CONELY Notary PubliC ldy Commission fxpires: 12 / 12 /04 NUNEZ-CA=3 t�Gm dyoD:F+asya hr� mcs tesn733-3n5 Fu VLWD-t GMC . OR 00511 PG 1161 0 EXHIBIT "A7 The South 99 feetofthe followingcontiguous parcels ofland(consolidated), lyingin andcomprising a part of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: All of Block 148, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee Courtly, Florida. ALSO: BEGINNING at a point where the North boundary line of North Park Street, extended West, intersects with the West boundary line of Block 148, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, if extended South, said point being 70 feet East ofthe Southeast comer ofBlock 149 of said plat of Okeechobee; thence run Northeasterly 126.9 feet; thence run East 55 feet, more or less, to the Western shore line of the Onoshohatchee River, now known as Taylor Creek; thence rim Southerly, along the Western shore line of said Taylor Creek, to the intersection with the North boundary line of said North Park Street; thence run West 931 feet to the POINT OF BEGINNING. ALSO: BEGINNING at a point of intersection 148.26 feet East of the East boundary line of Block 149, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, measured at right angles to and 100 feet North ofthe North boundary line of North Park Street; thence run Northeasterly and parallel to the East boundary of said Block 148 and 70 feet therefrom, for a distance of 223.E feet; thence run East on the South fine of N.E. Td Street (formerly Eighth Streets for a distance of 59 feet to the Wester shore line of the Onoshohatchee River, now known as Taylor Creek; thence ran Southwesterly, along the Western shore line of said Taylor Creek, for a distance of 225 feet; thence run West 55 feet to the POINT OF BEGINNING. ALSO: Ali that part of RIVERSIDE DRIVE, according to the plat thereofrecorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida, (now vacated, abandoned and closed), extending from the East boundary line of N.E. 7' Avenue (formerly Oklocknee Street), where the same intersects with the North boundary line of North Park Street, and North to the South boundary of N.E. 2nd Street (formerly Eighth Street), if extended East. The lands described in paragraphs 2, 3 and 4, above, as shown on the plat of RIVERSIDE DRIVE as recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida LESS AND EXCEPT the South 8 feet, thereof, taken for State Road right-of-way. .)1# /a& IMMMIflell FILE NUl'I 397909 OR SK 00511 PG 11 DATE: 09/18/2003 %357:30 PH ` & 'tg, Qtj SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL DEED DOC 28.00 Mds Dotawent Prepared By and Return for COMELY i CONELY, P.A. TOM W. CONRLY, III 402 N.W. 6= STREET P.O. DRAWER 1367 OKEECHOMM, rL 34973-1367 Pared m Number. 3 -15 -37 -35 - 0010-00010—OO1A Grantee SI MN: GrantceT2 TAT: Warranty Deed This Indenture, Made this 2 7 th day of ,Tune , 2003 A.D.. Between FRED B. CAGLE of &e 00anty of , Stata of Florida , grantor, and DAVID NUNEZ, JR. and ANITA S. NMMZ, hie wife whoso add= is: 2085 S.E. 4th Street, Okeechobee, FL 34974 of the Camty of Okeechobee , State d Florida , grantees. Wituesseth *Mth. iRANTOR,forsodmooms =tiwoftheaumof ----------TEN DOLLARS ($10)----------------------- DOLLARS, sod caber good and valuable comside,stion to GRANTOR in bad paid by GRANTEES, the receipt whueof is beaby w1mowlodVd. has g,antcd, bargsiucd and sold to the said GRANTEES and GRAJT EET h®s, s—ssars and assigns h1m, the IbMW og des,b d hod, sibmm, YngaadbemgindwCoamtyof Okeechobee State of Florida to wit: See Exhibit "A" attached hereto. THE PROPERTY HEREIN CONVEYED DOES NOT CONSTITDTE THE HOMESTEAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2002. and do VOW does hereby hilly war= to We to sad hnd, ad wd defend the same against kvdU chmx of all pmm wbwwomw. In Witness Whereof, the gm aw hu htsoawo sot Lis band and seal to day and year srsr abore written Signed, Seated and delivered our presence: WE COMELY FRED B. CAGLE Witness P.O. Address: PostOtaceBox IMIawrnn%FL 3NST r C III es STATE OF FLORIDA COUNTY OF o=CHOBEE The kagoing hsttsmmt was aotmowhdged bdbm me +his 27th day of June , 2003 by FRED B. CAGLE be is pasormny bwwa 7 EYAIMECONO.Y ` WCONl46SMPOCiBM s,imarwr munRamoIrs 8VA CONELY Notary Public My C=m&doo Evkmw. 12 / 12 / 04 NMMZ-CAGIM �,.QcmvaRahronarHrsy um.. ro<. MCP tsssl7w- = ramFLwn.t GMC PQJ e � • OR 000511 PG 1167 Raw 7 E)U:IlBrr "A Fourparcels oflandlyingbetweenthe plat ofOKEECHOBEE, accordingto theplatthereofrocorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, and the Western shoreline ofTaylor Creek in Section 15, Township 37 South, Range 35 East, Okeechobee Comity, Florida, and being more particularly described as follows: Commencing at the Southeast corner of fractional Block 83, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Block 83, to the intersection with the centerline of N.E. 6- Street (formerly Twelfth Street), also being the Southwest corner of a parcel of land as described in O.R. Book 405. Page 663, public records of Okeechobee County, Florida, and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast comer of Lot 1 in Block 84 of said plat of Okeechobee; thence continue Southeasterly, along the East line of said Lot 1 and the Southerly extension thereof, to the intersectionwith the centerline of the 20 foot wide alley in said Block 84; thence ran East, along the Easterly extension of said centerline, to the Western shoreline of Taylor Creek, thence rim Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of said N.E. 6' Street and the Southeast corner of said land described in O.R. Book 405, Page 663; thence rim West, along said extended centerline and also along the South boundary line of said parcel of land, to the POINT OF BEGINNING. Commencing at the Southeast comer of Lot 1 in Block 84, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Lot 1, to the intersection with the centerline of the 20 foot wide alley in said Block 84 and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast comer of Lot 5 in said Block 84; thence continue Southeasterly, along the East line of said Lot 5 and Southerly extension thereof, to the intersection with the centerline of N.E. 50'Strect (formerly Eleventh Street); thence run East, along the Easterly extension of said centerline, to the Western shoreline of Taylor Creek; thence rim Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of the 20 foot wide alley in Block 84; thence rim West, along said extended centerline, to the POINT OF BEGINNING. Commencing at the Southeast comer of Lot 5 in Block 84, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Lot 5, to the intersection with the centerline ofN.E. 5°i Street (formerly Eleventh Street) and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast comer of Lot 1 in Block 115 of said plat of Okeechobee; thence continue Southeasterly, along the East line of said Lot 1 and the Southerly extension thereof, to the centerline of the 20 foot wide alleyin said Block 115, also being the Northwest comer of a parcel of land as described in O.R. Book 406, Page 288, public records of Okeechobee County, Florida; thence run East, along the Easterly extension of the centerline of said 20 foot wide alley and along the North boundary line of said parcel of land, to the Western shoreline of Taylor Creels and the Northeast comer of said land described in O.R Book 406, Page 288; thence rim Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of N.E. 6'" Street; thence run West along said extended centerline, to the POINT OF BEGINNING. aOi+� Commencing at the point of intersection ofthe Northerly extension of the East line of Block 147 and the Southeast comer ofLot 12 inBlock 116, OKEECHOBEE, according to the plat thereofrecorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, and run Southwesterly; along OR BK 00511 PG 1168 � C said Northern extension of the East line of said Block 147, to the intersection with the centerline of N.B. 34 Street (formerly Ninth Street), also being the Southwest corner of a parcel of land as described in OR Book 405, Page 664, public records of Okeechobee County, Florida, and the POINT OF BEGINNING; thence continue Southwesterlyalong said extended line, to the Northeast comer of Lot 1 in said Block 147; thence continue Southwesterly, along the East line of said Lot 1 and the Southerly extension thereof, to the Northeast comer of Lot 9 in said Block 147; thence run along the Easterly extension ofthe North line of said Lot 9, to the Western shoreline of Taylor Creek; thence run Northeasterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline ofNY- 3' Street, also being the Southeast comer of said land described in O.R. Book 405, Page 664, thence run West, along said extended dine and also along the South boundary line of said parcel of land, to the POINT OF BEGINNING. 1'1UI-1I—GVVO V11/ rl'l LillUuly —lv/Vu>tVJv 02-22-2008 14:03 D A SOD 863 A670 J Page 2 tN3ERU 3 l3si#v iz ajiplitdi!km to the tolxio 3 67-2 .0 iKifYf 7i �+ixa:�. nia►+wes�r.s�tvsls� a►rs e AL jt� . ... _•.Ve eSLtw — _.•>_ji.:. � _-awL� re_.f:l. 'J`• _-eY �'!'•.5ttr S`��. •_';Tim' 1 i1 is q ' S� E. F dgt ;#atEti'•bAafiag �oT-8s' L147 3 11,91 Authorised Signature Typed Name & Title Phone No. Date Comea'st Cable Qkeechobee,FL 34972� Authorized Signature Typed Name & Title Phone No. Date ,o uthorized Signs a Typedj ^Name //& Title, Phone No. D to e C�CCi.=J7vG J�.iCC� required Only For City of Okeechobee & First Addition to Citv of Okeechobee Subdivisions: FamrtckEstat7z�---—_ � � occ�J s .4G'tl GoTrustee s-6�u /- A� lq� 4' J��— A/6�e 1-4,eT/,11-- zw L Y��7%331��L 2-)J-og Authorized Signature Typed Name & Title Phone No. Date PAGE:2 L147 3 11,91 Authorised Signature Typed Name & Title Phone No. Date Comea'st Cable Qkeechobee,FL 34972� Authorized Signature Typed Name & Title Phone No. Date ,o uthorized Signs a Typedj ^Name //& Title, Phone No. D to e C�CCi.=J7vG J�.iCC� required Only For City of Okeechobee & First Addition to Citv of Okeechobee Subdivisions: FamrtckEstat7z�---—_ � � occ�J s .4G'tl GoTrustee s-6�u /- A� lq� 4' J��— A/6�e 1-4,eT/,11-- zw L Y��7%331��L 2-)J-og Authorized Signature Typed Name & Title Phone No. Date PAGE:2 .. — .,., ..:..,:a '?x L 1', i � - �::. ! �}I :� �1 Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: March 27, 2008 f Re: City Streets closing application for Anita Nunes (NE 2 d St. 7 Ave.) We are aware of the critical drainage problems on City of Okeechobee and for that reason the Engineering Office will not recommend approving the request for the City R/W Closing until future Master Drainage Plans for the City of Okeechobee are finalize and we can determine drainage flow paths. • 'ice � � � i�� I 10QR11 �0�61 M HOW 'a11-1m nm1m1 111111 Imo H0000 m1aa11 um110 nm�n 0�80 �laalw ease �A�eee �O�a�a� O�a001. A Oil w V) t 3 2 i 5 5 a 3 2, E „0,,, � 0 SE 3RD ST g2l � 6 S a3 27 8 9,0,7 SE 4TH ST (I on") 6 5 a 3 2 t , STRFVCLOSING APPLICATION NO.88 SURROUNDING CLOSED STREETS 9U 1M'@Lf ED ALLEYSI- SR 70 7:8:91, Min WA W-1 maw =low HIM s■�_m ■fay o=o o m ©A© O Ong O tiM!n Q rem031 1 � ® � �� ®� m©"�■�a motes®- ■ � ® isa: �acn■ • 0 D mo Uq r(D C CD 001 CD �J E 0 What Have We Done? M OUV.� Submitted State quarterly reports for 4th Qtr 2007 and 1st Qtr 2008. Professional Service volunteer hours - 335 hours = $269737.50 Non -Professional Service volunteer hours — 2000 hours = $1292000.00 Total volunteer hours 2,335 = $389 938.50 • Awarded $3000 grant from Target in support of arts and culture program • Received proclamation from State of Florida designating Top of the Lake BBQ Affair as a state contest. • Secured support from Jack Daniels to designate the Top of the Lake BBQ Affair as a Jack Daniels qualifying contest • Produced the Top of the Lake BBQ Affair which hosted over 38 cook teams and over 1900 attendees at the Agri -Civic Center • Completed and dedicated our 2nd mural project • The 3rd mural is in progress. Mural is being placed on the Embarq building. • Participated as a speaker at the Forging Alliances for a Healthy Lake and Healthy Communities forum in Belle Glade. What We Done? au VJ4-z", s e w v o-,~ • Phase 1 of the Welcome to Okeechobee signs has been completed which detailed design and price estimation. Phase 2 is in progress which entails securing 4 locations at the City limits to install signs. • Phase 1 of the way -finding signs has been completed detailing the design of the sign. Phase 2 of the project is currently underway which entails the development of the site for each sign and gaining approval from DOT for each location. • Successfully produced the 2nd annual Top of the Lake Art fest in February 2008. This event attracted over 800 spectators and 40 various artists to our town over the weekend. • Received services from a Florida Main Street consultant to develop a CAD version of • the Courthouse Park. This will assist in developing a phased approach for funding and development of the overall plan. • Established 5 new business members. This brings our total membership to 76 businesses and 29 individuals. • Provided a community service by implementing a place locally to purchase Honey Baked Hams for the community. • Received accreditation as a 2008 National Main Street program. • Attended annual Florida Main Street Conference in Tallahassee. • Participated in the Adopt -a -Precinct program during the recent election period. What's Next? • '■ Developing project plans for several community events: • Developing an Adopt a Median Program where local businesses will adopt a median and provide landscape to the median area in addition to maintenance of area. • Developing plans for 2nd annual National Day of the Cowboy and the 2nd Annual Main Street Fun Shoot • 4th mural project to begin in fall. Currently reviewing multiple buildings to be used. • Continuing follow-up on outstanding County ordinances (landscape, mural and graffiti) • Re -vitalize the Economic committee and coordinate with the City and County on how best to implement a sound economic development plan • Work with City on the re -development of the CSX train station. 4AM 0/14/08 • Okeechobee Main Street, Inc. • 4/1 Cash Basis Profit & Loss October 2007 through March 2008 Oct'07 - Mar 08 Ordinary Income/Expense Income 7800 • Juried Art Show Income 7803 Art Sponsor 2,015.00 7804 Booth Fee 1,850.00 7805 Application Fee 600.00 7800 • Juried Art Show Income - Other 936.00 Total 7800 • Juried Art Show Income 5,401.00 4402 Refunds 42.67 4500 Contributed support 4578 • Halloween Candy Donations 70.00 4577 • 50 50 938.08 4576 • Grill Raffle 545.00 4575 • Honey Baked Ham Sales 4,928.40 4574 • People's Choice 740.00 4573 • Beer Sales 3,347.00 4564 • TDC Advertising Reinbursement 45643 • National Day of the Cowboy 3,133.00 Total 4564 • TDC Advertising Reinbursement 3,133.00 4563 Soft Drink 1,884.00 4551 BBQ Entry Fee 4557 • Electrical Fee 240.00 4556 • RV Site 30.00 4555 • Additional BBQ Site 410.00 4554 Vending Fee 370.00 4551 BBQ Entry Fee - Other 8,525.00 Total 4551 • BBQ Entry Fee 9,575.00 4550 BBQ Sponsorship 5,141.22 4540 Local government grants 20,000.00 4500 Contributed support - Other 250.00 Total 4500 • Contributed support 50,551.70 4600 • Membership 4601 • Family 50.00 4602 • Friend 400.00 4603 • Large Business 500.00 4604 • Medium Business 2,000.00 4606 • Small Business 2,500.00 Total 4600 • Membership 5,450.00 Total Income 61,445.37 Expense 9075 • National Day of the Cowboy 9075 • National Day of the Cowboy - Other 1,071.55 Total 9075 • National Day of the Cowboy 1,071.55 Page 1 of 3 8:43 AM , Okeechobee Main Street, Inc. • 04/14/08 Cash Basis Profit & Loss October 2007 through March 2008 Oct '07 - Mar 08 9050 • Fun Shoot 905103 • Refreshments 200.00 Total 9050 • Fun Shoot 200.00 9000 • Art Fest 9012 Tent Rental 1,504.50 9010 Art Posters 444.50 9009 Ribbons 143.62 9008 Trophies 239.21 9007 Marketing Expense 1,919.00 9005 • Art Winner 3,000.00 9004 • Art Judges 100.00 9002 • Signage 342.00 9001 • Supplies 353.92 Total 9000 • Art Fest 8,046.75 7700 • Honey Baked Ham Purchases 4,584.60 8000 • Halloween Festival 8002 • Sign Expense 672.50 8001 • Halloween Candy 431.48 8000 • Halloween Festival - Other 0.00 Total 8000 • Halloween Festival 1,103.98 7900 • Mural Projects 7905 • Artist Payment 2,500.00 Total 7900 • Mural Projects 2,500.00 8900 • BBQ Competition Expenses 8928 • Arena Rental 1,460.25 8927 • Security Expense 500.00 8926 • Beer Expense 723.83 8925 • Beer License Expense 25.00 8924 • Media Expense 2,576.00 8922 • Cash Boxs 700.00 8921 • Electrical Expense 1,325.00 8917 • Misc Expense 400.00 8916 Sanitation Expense 225.00 8912 Rental Equipment Expense 1,083.50 8911 Entertainment Expense 675.00 8909 Prize Money Expense 7,500.00 8908 • Cold Drink Expense 615.36 8907•Ice Expense 214.00 8906 Trophies Expense 1,654.00 8903 Condiment Expense 191.10 8902 Office Supplies 359.50 8901 FBA Expenses 1,265.52 Total 8900 • BBQ Competition Expenses 21,493.06 8500 • Misc expenses Page 2 of 3 It 8:43 AM Okeechobee Main Street, Inc. 04/14/08 0 Cash Basis Profit & Loss October 2007 through March 2008 Oct'07 - Mar 08 8570 Advertising expenses 666.80 8520 Insurance - non -employee 540.70 8530 • Membership dues - organization 35.00 8590 • Other expenses 688.79 8540 • Staff development 275.00 Total 8500 • Misc expenses 2,206.29 8100 • Non -personnel expenses 8180 Books, subscriptions, reference 275.00 8140 Postage, shipping, delivery 13.94 8170 • Printing & copying 87.35 8110 • Supplies 694.04 Total 8100 • Non -personnel expenses 1,070.33 8200.Occupancy expenses 8261 Cell Phone 578.92 8210 Rent, parking, other occupancy 2,058.00 8220 • Utilities 677.15 8260 • Telephone & telecommunications 860.92 Total 8200 • Occupancy expenses 4,174.99 7500 • Other personnel expenses 7520 • Accounting fees 225.00 Total 7500 • Other personnel expenses 225.00 6560 Payroll Expenses 17,223,96 8300 Travel & meetings expenses 8350 Tolls 29.40 8340 Hotel 59.00 8320 • Conference,convention,meeting 50.00 8310 • Travel 310.61 8300 • Travel & meetings expenses - Other 620.46 Total 8300 - Travel & meetings expenses 1,069.47 Total Expense 64,969.98 Net Ordinary Income-3,524.61 Net Income-3,524.61 Page 3 of 3 r1 (Rain Street Dear Main Street Organization, NATIONAL TRUST FOR HISTORIC PRESERVATION' Congratulations on being accredited as a 2008 National Main Street Program! Your coordinating Main Street program has evaluated your organization's performance in 2007 and determined that you have met all ten performance standards and criteria required to be named an accredited Main Street program. These standards of performance help us keep the Main Street movement strong and focused nationally. The ten standards of performance require that a Main Street Program: 1. Has broad -based coTnmunity support for the commercial district revitalization process, with strong support from both the public and private sectors. 2. Has developed vision and mission statements relevant to conununity conditions and to the local Main Street program's organizational stage. 3. Has a comprehensive Main Street work plan 4. Possesses and exhibits an historic preservation ethic �. Has an active board of directors and conuriittees 6. Has an adequate operating budget 7. Has a paid professional program manager S. Conducts a program of ongoing training for staff and volunteers 9. Reports key statistics 10. Has current membership in the Notional310in Sn-eC ;Vetltork" membership program For more detailed information on the accreditation program, please visit www.mainstreet.orgiriationill)rograms. If you have any questions about your individual accreditation evaluation, please contact your state, city, or regional Main Street program coordinator directly. Receiving the 2008 National MaiI7 Stl-eet Program accreditation provides you a great opportunity to promote Your program's achievements. Attached is a sample press release that you can tailor to announce your program's 2008 accreditation, plus other successes that you want the community to know about. For the sake of clarity, please note and stress in your communications, that this is an accreditation, not an award program. Congratulations on your achievements this year and best wishes for continued success. Sincerely, Doug Locschcr Director �- a�d E ,,,� ,•�� 1 ,� rIthp org vvww P/lamStreet org • n LJ Bid Opening: April 9, 2008 1:00 P.M. CONTRACTOR Commerce Park Lake PW-01-10-03-08 City of Okeechobee 55 SE Third Avenue Okeechobee, FL 349744 Tele: 863-763-3372 Fax: 863-763-1686 Compass Const. LLC B & B Site Dev. L. J. Clark Const. Wright Const. Group Telehar Corp. Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Description Unit 1 Staked Silt Fence Type III 300 Lin Ft $1.50 $450.00 $1.25 $375.00 $4.50 $1,350.00 $1.13 $339.00 $1.10 $330.00 2 Lake Excavation 25,000 CY $2.35 $58,750.00 $3.35 $83,750.00 $7.90 $197,500.00 $2.56 $64,000.00 $2.85 $71,250.00 3 Embankment 2500 CY $0.80 $2,000.00 $1.00 $2,500.00 $26.50 $66,250.00 $1.42 $3,550.00 $3.90 $9,750.00 4 Modified Type C Ditch 5 each 1$2,500.00 $12,500.00 $2,400.00 $12,000.00 $3,465.00 $17,325.00 $2,905.27 $14,526.35 $6,000.00 $30,000.00 Bottom Inlet w/ Steel Grate (Control Structure 5 Seed and Mulch 3000 SY $0.45 $1,350.00 $0.40 $1,200.00 $0.80 $2,400.00 $0.58 $1,740.00 $0.10 $300.00 6 Sod 40500 SF $1.70 $68,850.00 $0.18 $7,290.00 $0.37 $14,985.00 $0.20 $8,100.00 $0.14 $5,670.00 7 HDPE Metal Pipe 24 Inch 115 Lin Ft $50.00 $5,750.00 $40.00 $4,600.00 $54.00 $6,210.00 $62.66 $7,205.90 $36.00 . 140.00 8 Corrugate Metal Pipe (CMP) 88 Lin Ft $62.00 $5,456.00 $55.00 $4,840.00 $75.00 $6,600.00 $113.93 $10,025.84 $50.00 $4,400.00 $155,106.00 $1.16,555.0011 $312,620.00 $109,487.09 $125,840.00 CONTRACTOR Guettler Bros. Optimum Services Inc. C.A..N. Const. Inc. Unit Price Extension Unit Price Extension Unit Price Extension Description Unit 1 Staked Silt Fence Type III 300 Lin Ft $0.90 $270.00 $1.44 $432.00 $1.29 $387.00 2 Lake Excavation 25,000 CY $1.75 $43,750.00 $1.851 $46,250.00 $3.97 $99,250.00 3 Embankment 2500 CY 1 $0.35 $875.00 $0.50 $1,250.00 $3.97 $9,925.00 4 Modified Type C Ditch 5 each 1$1,200.00 $6,000.00 $4,210.00 $21,050.00 $2,664.00 $13,320.00 Bottom Inlet w/ Steel Grate Control Structure 5 Seed and Mulch 3000 SY $0.42 $1,260.00 $0.86 $2,580.00 $0.59 $1,770.00 6 Sod 40500 SF $0.20 $8,100.00 $0.24 $9,720.00 $0.19 $7,695.00 7 HDPE Metal Pipe 24 Inch 115 Lin Ft $27.00 $3,105.00 $87.38 $10,048.70 $63.00 $7,245.00 8 Corrugate Metal Pie (CMP) 88 Lin Ft $55.00 $4,840.00 $103.27 $9,087.76 $79.00 $6,952.00 $68,200.00 $100,418.46 $146,544.00 r City of Okeechobee Public Works Department April 7, 2008 _ � •„ _' Eger 'k ► M,Ur e 7 0 Sunrise Tractor & Equip., Inc. Pippin Tractor & Equipment Co. MnHFA • Prepared For CITY OF OKEECHOBEE Prepared By JAMES R FRAZIER ..• 7020 r- ual Rear Valve with ever Controls Quantit 1 1,006.0 7295 Mid Valve 1 0.0 7520 shaft with Telescoping Draft Links 1 285.0 8005 rOechanical 1 0.0 otal 42,287.0 T 11,491. 30,795.7 Equipment Name: John Deere 5425 TRACTOR Equipment Quantity: 1 s. 671OLV D- . s 25 Utility Tractor A 1 28,432.0 0500 Package 1 0.0 1004 FWD (4 Wheel Drive) fl2F/12R 1 5,773.0 1510 b 1 8,884.0 2220 PowrReverser with 540/540E PTO 1 2,685.03015 rNcal Exhaust 1 0.0 4055 16.9-30 In. 6PR R1 Bias 1 0.0 6451 11.2-24 In. 8PR R1 Bias 1 0.0 7020 :)ual Rear Valve with Lever Controls 1 1,006.0 7295 ess Mid Valve 1 0.0 7520 Rockshaft with Telescoping Draft Links 1 285.0 8005 Mechanical 1 0.0 Subtotal DISCOUNT ,69 ..9 Total ��34,372.0 v, Salesperson: X Additional Comments Total Equipment 133,968.1 Subtotal 133,968.1 0.0 0.0 0.0 Total 133,968.1 glance Due 133,968.1 Accepted By: X Prices shown are cash prices, & reflect state contract # 05-515-06 (Hernando County Quote Expires: Oct 01, 2008 �J VV.JI 1'Llp VVV /VJ YVaY Prepared For CITY OF OKEECHOBEE Zrnnut.AVZO rAna Z4L11rMrA • ! Equipment Name: John Deere 5525 TRACTOR i Serial Number: LV5525R354911 191 uu.3 Prepared By JAMES R FRAZIER Equipment Quantity: 1 Code Description Quantity Price ($} 1 1 -' 2i Xe1# r ij;;;iF*NacV- W, �� + � _•1'i'Ir71�:t•1►Y>nt�XF�17"iT� � � - --• /1 NEEZtTERT11rAL EXHAUST1 1 1 I. : 1 ::1 30TTUT��L 'iiN E A --z aU i M- 1/ 1 ri•� � r � � 11'. /1 . . ® C i Equipment Name: John Deers 5525 TRAGTQR Serial Number: LV5525S350280 Equipment Quantity: 1 Code Description ! Quantity Price (�) 1 ice: / Law-,r 1 1 :-- 41105 •1: /1 ■ I I I r 1 1't TOW $67,1Z0. Quote Expires : Oct 16, 2008 1008 5:44PM SUNRISE TRACTOR & EQUIPMENT No.8006 P. 3 BUYER CITY OF OKEECHOBEE STREET 55 SE THIRD AVE CITY OKEECHOBEE QTY --- MODE 1 INew Holland ITD80D SUNRISE TRACTOR & EQUIPMENT, INC. 9901 Okeechobee Rd FT. PIERCE, FL 34945 772-461-3747 FAX 772-489-6167 CELL 772370-1560 INDUSTRIAL PROPOSAL CONTACT DONNIE ROBINSON PHONE 863-763-3372 STATE ZIP CODE FAX FL 34974 863-763-1686 TBD NEW 62 PTO HP, 4 WHEEL DRIVE TRACTOR WITH 12 x 12 MECH. SHUTTLI TRANS., 640 RPM INDEP. PTO, CAT 2 -PT HITCH WITH FLEX LINK ENDS, 2 REAR AUX REMOTE VALVES WITH 4 QUICK COUPLERS, ENCLOSED CAB WITH HEAT AND A/C, WIRED FOR STEREO, 11.2-24 R1 FRONT, 15.9-30 R1 REAR TIRES, FRONT BUMPER, AND ALL OTHER STANDARD EQUIPMENT. TRADE DESCRIPTION QTy MAKE MODEL SERIAL# COMMENTS OR SPECIAL INSTRUCTIONS THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN DAYS. BUYER OR I F-RSEE SIGNATURE T YTON DATE 2-20-08 RECORD NO. 1011-08 IRICE EACH $31,822.00 SUB TOTAL TRADE AMOUNT I LIEN AMOUNT TRADE TOTAL SUB TOTAL. 0.00 % TAX DOWN PAYMENT EXTENDED $31,822.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $31,822.00 NET TRADE 0.00 $0.00 $0.00 $0.00 - $31,822.00 EXEMPT BALANCE DUE ( $31,322.00 ALL MATERIAL IS GAURANTEED AS SPECIFIED. ALL WORK IS TO BE DONE IN A WORKMANSHIP LIKE MANNER ACCORDING TO STANDARD SPECIFICATIONS. ANY ALTERATION OR DEVIATION FROM ABOVE SPECIFICATINS RESULTING IN EXTRA COSTS WILL BE D(ECUTED ONLY UPON WRITTEN ORDERS, AND WILL BECOME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE. ALL AGREEMENTS CONTINGENT UPOU STRMES, ACCIDENTS. OR DELAYS BEYOND OUR CONTROL. OWNERTO CARRY FIRE TORNADO AND OTHER NECESSARY INSURANCE. OUR WORKERS ARE FULLY COVERED BY WORKMENTS COMPENSATION INSURANCE. DEALERAPPROVAL AUTHORIZED SIGNATURE ,/27/2008 11:05 772461 JW PIPPIN TRACTORj6EQ PAVE 1J4/ 04 3200 N. Kings Highway Toll Free (800) 332-7896 2480 NW 16th Street Fort Pierce, FL 34951 www.pippintractor.com Pompano Beach, FL 33069 JIM MEHAFFEY PH 800-332-7896 EX27 SALES & SERVICE SALES QUOTE TO. i CITY OF O.KEECH.OBEE , TOWN OKEECHOBEE i STATE: FL34974 i DATE02/27108 I PURCHASE SURIECT TO 7HF CONDI7TONS AND TF.RMS STA 7 D HF_RF.IN, AND ON THE RE7 EPM 14TRF.0 1 F WHICH I ACKNOWLL'flGE* QTY CODES MODEL SERIAL# DESCRIPTION AMOUNT l M704OHD C 4 WHIT-1• r)RIVF CAB&AIR TRACTOR KUBOTA HYDRAULIC SHUTTLE S27826.00 t M7040FC 2 WHEEL SYNCHRONIZED SHUTTLE $23833.00 1 M8540HD C 4 WHEEL DRIVE CAB&AIR TRACTOR KUBOTA HYD SHUTTLE 6-i-. 29861.00 - --& --- I M8540FC 2 WHEEL SYNCHRONIZED SHUTTLE $27350.00 AAA, UILAJI) NUK !1) VAY Model & year Make Serial # & description TI allowance" SALE TARS LOCAL DOWN PYMT Total cash delivered 2rice Insurance Filing Fee MCI Doe. Stamps Total Purchaser: DONNIE ROBERTSON 863-763-3372EX21.3 CELL 863.-634-3635 FAXS 863-763-1696 Address '55 SE THIRD AVE Buyer's Authorized Signature Seller's Authorized Signature 7 Kubota Tractor Corporation - M Series - M8540 M9540 CAB ROPS Utility / AG Tractors Page 1 of 1 Kli boh. Q Tractor p M series Utilitylefg Tractors M8540/M9540 Features 0 Build My Kubota 0 Specifications 0 Competitive Comparisons 0 Attachments 0 Prior Models 0 Gallery FRONT I SIDE I REAR TRANSMISSION F8/R8 (F121RI2 OPTION) — TRANSMISSION PARKING LOCK the now Kubelo Al S" i- VIRTUAL TOUR ULTRA GRAND CAB Quicklime Player Required Click here to download the Quicktime Player UNOBSTRUCTED RODS AND CAB VIEW C=-VJA-7/ usRGbI INJECTION ENGINE NEW HOOD DESIGN 6SLRAPAROUND GRILL rDE-OUT A/C CONDENSER 4WD FRONT AXLE Kubota Tractor Corporation and its affiliated companies supply products and services to customers who are residents of the United States. If you seek information regarding products or services outside the United States, we this listing of Kubota International Offices: Kubota Corporation, Japan. For technical issues and comments pertaining to kubota.com please contact the Webmaster. ® 2008 Kubota Tractor Corporation. All rights reserved. Legal VNeb Privacy I KCC Privacy http://kubota.com/f/products/m8540.cfm 4/9/2008 Kfil)oke LTraltvl�tg 7r crcrar s = ; MRRAn fituanan r SPECIFICATIONS • . • 1 1 • 1 KUBOTA-V3800TIE2 a ROTA) 4-cylinder in -line, direct inject. w/turbocharger 4-cylinder in -line, direct inject. w/turbocharger r you. SAE $16 HP kW 84r6 61.3 94.5 70.5 75 56.0 84(62.7) RTGN e' wer�� :HP 230 3769 230 3769 7"bta ' s facement°^- .. cu.lw cc 3.94X4.72 100X120 3.94X4.72 100X120 Bore XxStroke Rated�s eed i-rrpm In. mm 2600 2600 Fuel t�tnk`ca ac al. I 23.8 (90) ROPS Models / 29.1 (110) CAB Models AltBCtl'Wr/Bettery .. ,. 45 Amps / 12V 900 CCA ROPS Models 60 Amps / 12V 900 CCA ROPS Models i I 8 in. d ,dual element Fh "Y Mufflers Exhaust Pipe Left side of hood vertical / Underhood muffler ROPS Models Right Side Comer -post vertical exhaust pipe / Underhood muffler CAB Models " No. of speeds,8F/8R Main? 'ear 12F/12R optional with hydraulic shuttle Shift 4-speed main transimssion, synchronized shift 6 speed opt. w/h draulic shuttle s Ran ar 0ear shift,2-speed High /Low xs k ;Shuttle` + shift: S chro-Shuttle standard 2wd&4wd models Cree :S Cassette m h Optional 0.26-.81 ` 4« �, Transmission; Mw6 trtvel speed mph km/h 20.9 (33.6) @Maximum engine rpm '� a Maui el�tch typei'dlameter ' in. (mm) Synchro Shuttle, cerametallic button dry dutch 12.8 (325) Hydraulic Shuttle = Mult-Plate wet disc dutch �'W Brake 1 :.. Hydraulically operated wet disc brakes Front wheel drive system Bevel gear type, with Easy -To -Shift 4wd engagement whiling rolling ,� PTOn Live -Independent PTO, Hydraulically operated wet dutch, w/PTO brake PTO:F 540 rpm (6 lines) standard, and optional 540/1000 rpm (21 splines, two shafts Pu ;flow Hitch &remotes , - Umin 17.0(64.3) a PUM , ow Power steerin Umin 6.1 23.0 RX661101hifth'i(CatenoryII Telescopic lower link ends, Telescopic stabilizers C titrol s yt3m Mechanical position and mixed draft control, Top link draft sensing draU) a" ra Clty 24" behind liff point Ibc (kg) Standard 4630 (2100) and 7055 (3200) optional on 8 Speed models 7055 3200 is standard on HD12/HDC12, 12-s eed models Remibte'Ve1V88" 1 standard (2nd, 3rd or Flow control valve optional) teerin Hydrostatic powe steering r OR913for area ISO -mounted flat deck, Hanging Pedals, Tilt steering wheel Slat: Retaining, full adjustment (height, weight, fore &aft.), arm rests, retractable seat belt 0 r] Utdir y1_4g Tvelcrvl s M 854% N1954O�� .. ROPS: 2 headlights, 2 comer lights, 2 tail lights, 2 frt. and 4 rear safety flashers CAB: 2 headlights, 2 comer lights, 2 tail lights, 2 frt. and 4 rear safety flashers two frt workli hts, 2 rear work lights. Arched Beam roof line, Heater/Air conditioner, Sun visor, Front wiper/washer, Beverage holder, 12V/30 amp 3-Pin Electric outlet, Tinted glass, 2 external mirrors, 3-Position switch for Interior light 7-pin Trailer electric outlet In (mm) 2wd Models: 80.7 (2050) ROPS / 88.6 (2250) CAB All 4wd Models: 88.6 2250) In. mm 78.0 (1900) _. in. MM 2wd 153.0 (3885) / 4wd 148.0 (3760) in; mm 97.0 (2465) 1100.2 (2545) 98.0 (2490) / 101.2 (2570) In: mm 18.3 (465) u. r lino, mm 56.7-72.4 (1440-1840) '4 in: (mml 55.9-59.8 (1420-1520) 1 59.8-63.8 (1520-1620) th ROa1 .. In, mm 59.8-75.6 (1520-1920) dllis, Who brake m 13.1 (4.0)" 13.5 (4.1)*" kn Ibs: (kg) 5004 (2270) / 5401 (2450) 5093 (2310) / 5512 (2500) h ard:fiatre�steel dlsn " :1tlfe..` 7.50-16 2wd / 12.4-24 4wd 7.50-18 2wd / 12.4-24 4wd aft fMf fife 18.428 18.4-30 z 3PT High Capacity lift cylinders (8-Speed Models) Front weight bumper (std 2wd) Front weights, Rear wheel weights, Drawbar clevis, 2nd and 3rd remote valves, Cassette type sy`.bs tWNF O ref o fiobid eq'to pment Creep speed, Flow control valve, Dual Speed PTO, Rear axle spacer kit, Cab Radio cassette ga or CD Player with 7-Channel weather band, Grill Guard, Down Exhaust muffler, Deluxe canopy for ROPS Models. The company reserves the fight to change the above specifications without notice. These Specifications are for descriptive purpose only. Please contact your local Kubota dealer for warranty information. For your safety, KUBOTA strongly recommends the use of a Rollover Protective Structure (ROPS) and seat bell in almost all applications. Not for sale in Nebraska 0 EXHIBIT NO. APR I5'" AGENVA MEMORANDUM To: Mayor Kirk, Council Members Watford, Markham, C. Williams, L. Williams, Administrator Whitehall and Attorney Cook From: Lane Gamiotea, City Clerk Subject: Citizen Board Appointments Date: April 10, 2008 1. Code Enforcement Board Two members are resigning, Hoot Worley and Bea Castorina. Two members need to be reappointed, Rennae Sweda and Heather Hancock. We have advertised to the community that we need citizens to apply, however, we have not received any applications, nor do we have any on file to choose from. Please consider making the following appointments by one motion: ♦ Reappoint regular member Rennae Sweda, term May 1, 2008 to April 30, 2011. ♦ Reappoint and move from alternate to regular member Heather Hancock, term May 1, 2008 to April 30, 2011. ♦ Move Penny Revels from alternate to regular member, term May 1, 2008 to April 30, 2011. We will continue to notify the public as we now have two alternate vacancies. Please assist us with this process and let everyone know they can pick up an application or download one from our website, also we can fax or email them an application. 2. Planning Board/Board of Adjustment and Appeals/Design Review Board We saved the easy one for last. Two members are up for reappointment, no one is resigning and no has applied to be added. Please consider the following reappointments by one motion: ♦ Regular members Devin Maxwell and Kenneth Keller, terms May 1, 2008 to April 30, 2011. Ll 55 Southeast 3' Avenue * Okeechobee * Florida * 34974 ) 763-3372 APPLICATION FOR CITY BOARD/COMMITTEE APPOINTMENTS Please print or type all information. The information from this application will be used by the City Council in considering action on your appointment_ The application MUST BE COMPLETED IN FULL. Answer "none" or "not applicable" where appropriate_ CHECK BOARD(S) OF INTEREST TO YOU (A COPY OF EACH BOARDS DUTIES, MEETING DATES & TIMES ARE ATTACHED): Planning Board - Board a Code ❑ Okeechobee Utility ❑ General Employees ❑ Other: o Adjustment & Appeals - Enforcement Authority Board of & OUA Pension Fund Design Review Board Board Directors Trustee's APPLICANTS FULL NAME: Mal ASS Ntari'e M o r a. n NAME COMMONLY USED: RESIDENCE ADDRESS: L, 4� Z-3 Hwc) qq 1 Sp 0 Keechobee FL_ 3q4 7`I HOW LONG AT ADDRESS: a Years. Is this in the City Limits? ❑Yes ANO (D MAILING ADDRESS: Lj ! ,)LOL,q q Ij SE HOME TELEPHONE: U% r7tv 3 g q 3, CELL/OTHER TELEPHONE: r. C�S Q to CURRENT EMPLOYER & OCCUPATION: d World BUSINESS ADDRESS: 03 J LA) � S +- WORK TELEPHONE: 91LO 3 5 4 S 3 FAX NUMBER(S): g�3 (s 3 55) 0 DATE OF BIRTH: ARE YOU A US CITIZEN? *Yes ❑No, explain: FLORIDA REGISTERED VOTER? *es County Registered in: OKeech Obee ONO EDUCATION: High School Name & Location: OK-eec-hobee 4 i'g b Year Graduated: 1 91 o POST SECONDARY EDUCATION: NOVA NAME & LOCATION: DATES ATTENDED: CERTIFICATEIDEGREE REC'D: Novo, 60CIq,Ft, aDOD-a093 Masters LeQ e VA U Fftu I I3WCRI IrZ I g9tp- 1999 - �o f?.CC IV +, L ►o DATES: BRANCH: DATE DISCHARGED: MILITARY SERVICE: ARE YOU CURRENTLY EMPLOYED AS:' OGeneral Contractor t Business Person OArchitect (✓ALL THAT APPLY) ❑Engineer OSub-Contractor ORealtor OAttorney ❑Doctor OSurveyor OLay Person ❑Urban Planner OLandscape Architect Wall LIST ALL OF YOUR EMPLOYMEN f, EXCEPT YOUR CURRENT EMPLOYER, LURING THE LAST 5 YEARS: NAME & ADDRESS TYPE OF BUSINESS JOB TITLE DATES A Ch I` Id a W ID0 Ch i l d cort)Schoa I i'r-e!-o,f D wner- pee . 0 3 - -D >p yes. rI4 -703 5W Ut--s+ 0KeeChobe,e School Boa--d pQC - qq - � 2C � 700 SW O n d S4 c��+ � ea Gil e r c►-t0 o I HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? YES ONO. IF YES, LIST: AGENCY BOARD NAME POSITION DATES M o 900(d March D 8- Preser4 f *mb.e r STATEYOUR EXPERIENCESAND INTERESTS OR ELEMENTS OFYOUR PERSONAL HISTORY THAT QUALIFY YOU FOR THIS APPOINTMENT. ,arm a fe)0 resi'deni of 10Keecchobee and -T am e,jcl �d abouf +-h P Chan es taKI n9 P1 a e� . be l l'e �� can brIng busihe55w e r'to 4hy board HAVE YOU REC IVED ANY DEGREE(S), PROFESSIONAL CERTIFICATIONS) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? ❑YES WNO - IF YES, LIST: ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? ❑YES*NO. IF YES, LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THE TERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) DYES J_N0. IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? Na r---I HAVE YOU EVER BEEN FOUND IN VI LATION OF FLORIDA STATUTES CHAP 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? DYES NO IF YES, LIST: DATE: NATURE OF VIOLATION: DISPOSITION: THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN; AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX: ❑MALE FEMALE ETHNIC GROUP: )6CAUCASIAN JJBLACK ❑SPANISH HERITAGE ❑NATIVE AMERICAN I]ASIAN OR PACIFIC ISLANDER OOTHER(specify): ✓ALL THAT APPLY: ❑WARTIME PERIOD VETERAN ❑DISABLED VETERAN QVIETNAM VETERAN HANDICAPPED STATUS: OYES *0. IF YES, WHAT IS THE HANDICAP?: ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE" OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)1? DYES O_ DESCRIBEANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFUL TO THE BOARD YOU WISH TO SERVE ON_ IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. bus��yss �zol)el a is� A;mlao P. /0 2.e n prkr 07 l If f hd re at? e A r J a #1'n a kl) A a Ll ./2 ol Mal mc/ �eo�se �o,�qalW JF Signature of OO City residence is only a requirement for the OUA and Pension Boards. STATEMENT OF APPLICAK .. I certify that the answers are tru_ and complete to the best of my knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. hereby acknowledge that I have read and understand each of the above statements. Date: `/ � OO The City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." 3MOther covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(k)1, F.S_]. PLEASE RETURN COMPLETED APPLICATION TO: Q CITY OF OKEECHOBEE N OFFICE OF THE CITY CLERK 55 SE 3RD AVENUE P OKEECHOBEE, FLORIDA 34974 9 , 19I!IS, CLERK OFFICE USE ONLY: BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED:. CERTIFICATE AWARDED: