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HomeMy WebLinkAbout1997 - 2002 - PUB HistoryCollier Club PUD History See italicized notes regarding access through Golf Course and its parking lot for permanent access to the east in phase 111 11/5/97 Adoption of R-97-75 Conceptual Development Plan — Section 1. paragraph 9 re: phase IIIA preliminary plat submittal to provide for 2" permanent access through Golf Course — applicant to submit a plan for GC entrance road and parking including landscaping — all to be constructed by applicant 2/24/98 Public Forum — Main Street resident - concern about proposed access through Golf Course - City Manager responded that staff is reviewing whether or not there is advantage to Golf Course by putting road through there 4/15/98 Adoption of R-98-15 — Preliminary Development Plan for Phase I and II — discussion took place on access through Airport Property (GC) (in phase Ill) and City Manager said this would have to be approved by FAA and would need to have positive impact on Golf Course — said he had already received objections due to increased traffic on Main Street and impact on GC — Mayor Cartwright asked applicant to reconsider access into GC but no formal action was taken on her request 5/13/98 City Manager report on R-98-15 — attach Mechling letter regarding temporary access in Phase I until permanent emergency access to Wimbrow can be provided in subsequent phase 6/17/98 Adoption of R-98-25 — Collier Club PUD Sandmining Special Use Permit 12/2/98 Adoption of R-98-52 — Declaring Surplus Property at Airport — Letter Agreement and Deed of Release from FAA (this is for the west side to Roseland Road) 1/27/99 Adoption of R-99-5 — Confirming Auction of Surplus Airport Property Quit Claim deed from City to Collier Club signed — airport easement to Roseland Road (this is for the west side to Roseland Road) Adoption of R-99-06 — Final Plat Phase I 1/26/00 Adoption of R-00-06 — Final Plat Phase IB — bearing date 1/13/00 2/9/00 Adoption of R-00-08 — Final Plat Phase IB — bearing date 1/27/000 - repealed R-00-06 10/25/00 Adoption of R-00-55 — Preliminary Development Plan for IIA and IIB 1/23/02 Adoption of R-02-03 — Final Plat for Phase IIA — bearing date 1/17/02 3/27/02 Collier Club drainage update Wagular City Council Meeting Novautbi*Sd- W. Page Seven The Director of Community Development cited conditions of the Resolution and recommended approval. Mr, Taracka said he would like to see Cornerstone complete construction of its houses. In response to Mrs. Cartwright, the Director of Community Development said recommendations number 3 and 4 in the staff report read to be added to the Resolution as conditions 6 and 7. Mrs. Cartwright rocommcndod requiring a street light in the cul-de-sac. The Director of Community Development said in compliance with the GDC agreement, the developer cannot be compelled, however, FPL can be requested to install it. Being no further input, Mayor Barnes closed the hearing at 8:25 p.m. MOTION by Cadwright/Taracka I move to approve Resolution 97-74 with the addition of the two staff recommended conditions number three and four. ROLL CALL: Mis. Cartwright - aye • Mr. Paul - aye Mrs. Sullivan - aye Mr, Barnes - aye Mr, Taracka - aye MOTION CARRIED 5-0 97.257/ B. Resolution No. R-97-75 - CQ)b;r C10 PUD -R Subdivison Conceptual Development Plan Approval 89.048 (Community Development Dj Wtor TmIsmittal 10/30/92, K-97-75, Applicatim P & Z Minutes. 91.015 Site PI='Map) A RESOLunoN OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY. FLORIDA, APPROVING THE CONCEPTUAL DEVEL.OPNENT PLAN FOR COLLIER CLUB; PROVIDINO FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFSLCr HEREWMI; AND PROVIDINO FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-97-75 by title and Mayor Barrios opened the public hearing at 8:26 p.m. Chuck Meehling, On -Site Management Group, waived administration of oaths and presented the conceptual development plan TAPE II - SIDE 1(8:32 p.m.) 0 Wgwar City Council Meeting November 5, 1997 Page Eight His proposal included working with the City to access through and use a portion of the Golf Course parking lot, proposal to add a tennis community, sidewalks, park spaces, curb and gutter, minimum 1400 square foot louses and underground utilities. He said the group is in agreement with everything in the resolution and submitted newspaper articles about the group. The Director of Community Development read a letter from Bob Keating, Indian River County, at the request of Mr. Mediling. Mr. Mechling discussed vegetation buffering adjacent to the airport; said he will work with the City in any way relative to golf cart crossovers, recreational vehicles will not be allowed outside of a garage, however, they may consider an outside compound elsewhere. Charlie Hart, Roseland Gardens Property Owners Association, said, although a proponent, he is concaned about increased traffic on Roseland road, drainage on Airport Drive, and impact on the Golf Course. The City Attorney advised the public as to definition of "Affected Part}' and "Informational Witness". • John Mellinger, 9825 Riverview Drive, said he liked the concept Louise Kautenbag, 973 Oswego Avenue, Sebastian, objected to location next to the airport. Walt Good, 414 Ponoka Street, Sebastiaa, asked how wide the streets will be in Phase I. The Director of Community Development said the majority of streets in the PUD will be 24 feet of paved area Bob Denton, 11245 Roseland Road, expressed concern for increased Roseland Road traffic. The Director of Community Development said it is Indian River County's intent to four lent Roseland Road, and explained the three phases of development, the sccohd of which will be preliminary development, at which time traffic concerns will be addressed Mr. Denton expressed concern for the proximity of the airport, runoff into the Sebastian River, and whether the tennis facility will be oa m ercial and who will rum it. The City Manager read condition 9 of the Resolution and suggested the words "by the develope' be added eller "coostructed" and in condition 15, said for the record, the City reserves the right in the future to require that such avigation easement shall include the requirement to soundproof houses within certain sound contours. n LI Regular City Council Meeting Wovember 5, 1997 Page Nine The Director of Community Development noted that Attachment A, the development schedule, had not been included in the backup and distributed it. The Director of Community Development read proposed language to be added as condition 19, "A four foot wide sidewalk.shall be constructed in the adjacent right-of-way prior to the issuance of certificate of occupancy for each home. A sidewalk shall be constructed adjacent to the recreation area, Roseland Road, and along the right-of-way crossing the Collier Creek conservation area. The sidewalk shall be maintained by the developer or duly created homeowners association." TAPE R - SIDE H (9:20 p.m.) and then went on to recommend approval as amended. Esther Elam, 741 Powka Street, Sebastian, suggested changing condition 17 to minimum living area shall be 1400 square feet and increasing lot size. Mr. Mochling concurred with changing the condition to 1400 square fat of "living area". Being no further input, Mayor Barnes closed the hearing at 9:25 p.m. • MOTION by Taracka/Paul I move to approve Resolution R-97-75 as amended by the City Manager on Section 9 and 17 and as amended on Section 19 by the City Planner. ROLL CALL: Mr. Paul aye Mrs. Sullivan aye Mr. Barnes aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Mayor Barnes called recess at 9:26 p.m. and reconvened the meeting at 9:40 p.m. All members were present. 97.218 C. Resplution No. R-97-76 - Sebastian Lako Commons - Medical Office - Site Plan and Preliminary Development Plan Approval (Community Development Director Transmittal 10139197, R-97-76, Applicatioq, P & Z MinutQL Sit; Plop, Map) A RP,SOLLMION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND SITE PIAN FOR A MEDICAL OFFICE AT SEBASTIAN LAKES COMMONS: PROVIDING FOR REPEAL OF RESOLETW4 OR PARTSOF RESOLUTIONS IN CONFLICT IMREWITN: AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. R-97-75 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE CONCEPTUAL DEVELOPMENT PLAN FOR COLLIER CLUB; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Onsite Management Group, Inc. has applied for approval of a conceptual development plan and site plan for Collier Club, and WHEREAS, the Planning and Zoning Commission has recommended approval of the conceptual development plan and site plan for Collier Club, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. CONCEPTUAL DEVELOPMENT PLAN. The conceptual development plan and site plan for Collier Club (the Project), as prepared by Onsite Management Group, Inc., dated July 6, 1997, is approved with the following conditions: The Preliminary Development Plans for Collier Club shall be in substantial compliance with the conceptual development plan. 2. The Project shall be phased as presented on the conceptual development plan and described in Attachment A. The applicant may request approval by the Planning and Zoning Commission for one extension for up to one year per phase. No additional extensions shall be approved. If the applicant fails to meet the phasing schedule in Attachment A or approved extensions, the City may terminate the approval of the conceptual plan as provided for in the Land Development Code. 3. The Project shall have water and sewer service provided by Indian River County Utilities. 4. The Applicant shall obtain an easement from the City for the construction of Collier Club Drive to Roseland Road. 5. The Applicant shall obtain approval from Indian River County for connecting Collier Club Drive to Roseland Road. 6. At the time of submission for approval of the preliminary development plans for phase IA, the Applicant will provide a tract of land for the location of Airport Road. The tract of land shall be dedicated to an entity who shall be responsible for the 1 maintenance of Airport Road. The City of Sebastian will not be that entity nor will the City be responsible for the maintenance of Airport Road. 7. At the time of submission for approval of the preliminary development plans for Phase 1A, the applicant shall provide for the required drainage of Airport Road and any contributing drainage including necessary easements, maintenance agreements and permits. Said drainage shall be approved by the City Engineer as part of the review of the preliminary development plan. 8. At the time of submission for approval of Phase 2A, the applicant shall provide for an alternate emergency access at Wimbrow Drive. Such access shall be for emergency use only and not for access to the Project. 9. At the time of submission for approval of the preliminary development plans for Phase 3A, the applicant shall provide for the second access (East Collier Club Drive) at the City of Sebastian Golf Course. The applicant shall submit a plan for City approval of the Golf Course entrance road and parking including landscaping. The approved plan shall be constructed by the applicant at the time Phase 3A is constructed. The Final Development Plan for Phase 3A shall not be approval until the entrance road has been constructed by the developer and approved by the City. The maintenance of that portion of the entrance road between the Project and the last entrance to the Golf Course parking area shall be the responsibility of the developer or a duly created homeowners association. 10. Prior to the construction of any phase, the applicant shall secure and provide to the City copies of all required permits, including approval by the Fish and Wildlife Service for incidental taking of scrub jays. If a permit requires the use of land in a subsequent projected phase, the applicant shall include that land in the application for the preliminary development plan of that phase. 11. The open space requirements (501/6) shall be met, as each phase of the Project is constructed. Unconstructed phases can not be counted toward the open space requirement. 12. The complete Project shall include a minimum 10 acres of recreational facilities and 12 acres of preserved scrub jay habitat. There shall be provided a minimum 100 foot buffer on each side of Collier Creek. The Applicant shall provide at the time of the approval of the preliminary development plan of the phase in which the scrub jay preserve and the Collier Creek buffer is located, a conservation easement to the City for the long term protection of those areas. The Applicant shall also provide the City with a drainage easement including Collier Creek and it's 100 year flood plain for the City to convey stormwater from the Sebastian Highlands. 13. The roads and drainage system within the Project shall remain private and the maintenance shall be the responsibility of the developer or a duly created homeowners association. The applicant shall provide an easement to the City giving the City the right to access and maintain the drainage system at the City's option in the event of an emergency. An egress easement shall be provided to allow the egress of emergency vehicles over the private streets. The final plat shall clearly dedicate the roads and drainage maintenance to the applicant or duly established homeowners association without recourse to the city or any other public agency. 14. All efforts shall be made to preserve the natural vegetation on all lots. A 10 foot buffer preserving the existing vegetation shall be provided on all perimeter lots. A 7.5 foot buffer preserving the existing vegetation shall be maintained on the rear property line of all lots that share a common boundary. 15. At the time of submission for approval of the preliminary development plans for any phase, the applicant shall provide a perpetual avigation easement for the airspace above the ground level of the entire parcel of real property in a form which reasonably precludes the property owner and his successors and assigns from commencing or maintaining a successful action for condemnation (inverse of otherwise) resulting from the aviation activities arising from the airport, as determined by the City Council on the advise of the City Attorney. 16. The road names provided to the City shall be approved by the Indian River County Emergency Services (911). 17. The minimum lot size shall be 60 feet by 125 feet. The minimum house size shall be 1400 square feet of living area. The project shall be single family detached homes, 18. A 15 foot utility easement shall be provided adjacent to all right-of-ways. Additional utility easements shall be provided as required by the utility providers. 19. A four foot wide side walk shall be constructed in the adjacent right-of-way prior to the issuance of a certificate of occupancy of each home. A side walk shall be constructed adjacent to the recreational area to Roseland Road and along the right-of-- way crossing the Collier Creek Conservation Area. The sidewalk shall be maintained by the developer or duly created home owners association. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter W. Barnes Vice -Mayor Richard J. Taracka Councilmember Loiuse R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan Th Mayor thereupon declared this Resolution duly passed and adopted this, day of 1997. CITY OF SEBASTIAN, FLORIDA Walter W. Barnes, Mayor ATTEST: 'Kathryn . . D'Halloran, CMC/AAE City Clerk; (Seal} Approved as to Form and Content: Valerie Settles City Attorney Collier Club PD Development Schedule Conceptual PD Approval by: December 1997 Preliminary Approval Phase I by: February 1998 Land Development Permit Phase IA by: March 1998 Begin Construction Phase IA by: April 1998 End Construction Phase IA: November 1998 Begin Construction Phase IB by: December 1999 End Construction Phase IB by: May 2000 Preliminary PD Approval Phase II by: March 2001 Begin Construction Phase IIA by: July 2001 End Construction Phase IIA by: January 2002 Begin Construction Phase IIB by: November 2002 End Construction Phase IIB by: April 2003 Preliminary PD Approval Phase III by: April 2004 Begin Construction Phase IIIA by: July 2004 End Construction Phase IIIA by: December 2004 Begin Construction Phase IIIB by: December 2006 End Construction Phase IIIB by: May 2007 Complete sellout of project by: October 2009 C—. -A cel i�", association. The applicant shall provide an easement to the City giving the City the right to access and maintain the drainage system at the City's option in the event of an emergency. An egress easement shall be provided to allow the egress of emergency vehicles over the private streets. The final plat shall clearly dedicate the roads and drainage maintenance to the applicant or duly established homeowners association without recourse to the city or any other public agency. 4. All efforts shall be made to preserve the natural vegetation on all lots. A 10 foot buffer preserving the existing vegetation shall be provided on all perimeter lots. A 7.5 oot buffer preserving the existing vegetation shall be maintained on the rear property \thground l lots that share a common boundary. 15. e of submission for approval of the preliminary development plans for any he applicant shall provide a perpetual avigation easement for the airspace ground level of the entire parcel of real property in a form which reasonably s a property owner and his successors and assigns from commencing or ing successful action for condemnation (inverse of otherwise) resulting from ion a 'vities arising from the airport, as determined by the City Council on e of the ity Attorney. 16. The road names pro ded to the City shall be approved by the Indian River County Emergency Services ( 1). 17. The nummum lot size sha be 60 feet by 125 feet. The minimum house size shall be 1400 square feet of living ar .The Project shall be single Emily detached homes. slq lg. A 15 Foot utility casement shall provided adjacent to all right-of-ways. Additional y^ c I I utility easements shall be provided required by the utility providers. n w.Ar 19. fiv foot wide side walk shall be cXassoc the adjacent right-of-way prior to the 1,� tss ce of a certificate of occupancme. A side walk shall be constructed )rr adjacent to the recreational area to Rd and along the right-of-way crossing the Collier Creek Conservation Adewalk shall be maintained by the L developer or duly created home ownn. Section 2. CONFLICT. All resolutions or pals of resolutions in conflict are hereby repealed. Section 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption bouncilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote w as follows: Regular City Council Meeting November 5, 1997 Page Nine The Director of Community Development noted that Attachment A, the development schedule, had not been included in the backup and distributed it. The Director of Community Development read proposed language to be added as condition 19, "A four foot wide sidewalk shall be constructed in the adjacent right-of-way prior to the issuance of certificate of occupancy for each home. A sidewalk shall be constructed adjacent to the recreation area, Roseland Road, and along the right -0f --way crossing the Collier Creek conservation area. The sidewalk shall be maintained by the developer or duly created homeowners association." TAPE II - SIDE II (9:20 p.m.) and then went on to recommend approval as amended. Esther Elam, 741 Ponoka Street, Sebastian, suggested changing condition 17 to minimum living area shall be 1400 square feet and increasing lot size. Mr. Mechling concurred with changing the condition to 1400 square feet of `living area". Being no further input, Mayor Banos closed the hearing at 9:25 p.m. MOTION by Taracka/Paul I move to approve Resolution R-97-75 as amended by the City Manager on Section 9 and 1 and as ansended on Section 19 by the City Planner. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Mayor Barnes called recess at 9:26 p.m. and reconvened the meeting at 9:40 p.m. All members were present - 97.218 C. Resolution No R-97-76 Sebastian Lakes Commons- Me irnl Office - Site Plan and Prelimina-ry ■^,e�•eloFIDco Plan Approval (Community Development Director Transmittal 10/30/97. R -97 -76, - Application. P & Z Minutes, Sitc Plan Mao A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA APPROVINO THE PREUMINARI DEVELOPMENT PIAN AND SITE PIAN FOR A MEDICAL OFFICE AT SEBASTIAN LAKES COMMONS; PROVIDINO FOI REPEAL OF RFSOL1n ow OR PARTS OF RESOLUnONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIV7 DATE. Public Forum February 24, 1998 Page Two 4. OPEa FORUM The infarmal openjarum pravidea an Oppoimijyfarmemberj of the public to maks presentations to the City Council on timely (leaving occurred within the last six months) [sues appropriate to the City. Presenlatians off[ve minutes will be allowed, howww , the ibne maybe comded ia ten minim if time allows by a majority vole ojCity Council. Personal attacks an swfj Council will not be allowed. Sign-up sheets will be available prior to the meeting and sign-up will be required. Cily Council will not tab action on any matter at the forum. Sal Neglia, 461 Georgia Boulevard, Sebastian, congratulated Council on conducting fonuns; and objected to the owners of the Stevenson House using Caveorp for parking vehicles and boats with no tags and allegedly placing a bait shack in right-of-way. The City Manager responded that a building permit was issued for the building as an accessory to residential, it is not in the right-of-way, and the only problem may be that its intended use is as a gift shop. He advised City Council to adopt rules for use of the Cavcorp property. Robert Bebc, 278 Main Street, Sebastian, objected to the proposed access road to Collier Club PUD through the Golf Course. The City Manager responded that staff is reviewing whether there is any advantage to the Golf Course by putting the road there. • Chuck Neuberger, 357 Melrose Lane, Sebastian, agreed that rules for Cavcorp need to be adopted; and inquired about the Spates' offer of property to the City for additional cemetery space. The City Manager responded that staff is gathering figures to come before Council, said it was discovered that one piece is not in the City, and that the land is low which could present a problem. Mayor Barnes suggested the use of forms that people can fill out to provide a paper trail through resolution of a problem, and that he would meet with the City Manager on this. Martha Wininger, 106 Thunderbird Drive, Sebastian, thanked Council for conducting forums and said she hoped they will continue; and suggested property purchase contracts contingent upon feasibility studies to freeze the price. S. Being no further business, Mayor Barnes adjourned the Public Forum at 7:35 p.m. Approved at the -2QAc— 1998, Regular City Council Meeting. W ak kJ 6a, 'JW Walter W. Barnes Mayor .athryn $A. O'Halloran, CMC/AAE City Clerk 41 2 Special City Council Meeting �4pelti'S; �yyg. a . Page Two 4, QVASI-JUDICIAL PUBLICAUARING(S). FINAL AJDOPTION (Procedures on BackofAgenda) 98.088 A. Collier Club Planned Unit Developrpgnt (PUD -R) - Preliminary Development Plan for Phase I and 11 Resolution No. R-98-15 (DireQtgr of Community Developmrnt Transmittal 4/9/98, R-28-15, Application, P&Z Minutes, Location jv`ap, Staff Report, Preliminary plat Under Separate Cover] A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRFs MGNARY DEVELOPMENT PLAN FOR COLLIER CLUB, PHASE I; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-98-15 by title and Mayor Sullivan opened the hearing at 7:13 p.m. All affected parties waived administration of the oath. App&&nt Presentation Applicant, Chuck Mechling, Onsite Management Group, Inc. and Steve Moler, Masteller and Molcr, gave a brief presentation on the entire site for the benefit of new Council members, although this • request was for approval for preliminary development for phase I, consisting of 112 lots. He noted that perimeter lots have been increased to 65' wide, and that Airport Drive will be improved and deeded to Indian River County. Discussion took place relative to ingress and egress. Mr. Mechling said that the double lanes coming in and out of Roseland Road as approved in the conceptual plan should suffice, however, following comments made at Planning and Zoning, he said another area will be looked at as a temporary emergency access during construction and stated "it would only be for emergency situations until we have our secondary access point which would be in later phases." but then stated "We would just have the emergency one during the time period of construction in ease there was an issue." Mr. Moler noted, when complete, the site will have two permanent entrances, one as shown in Phase I on Roseland and the other which will be done later on in the northern end of the project; and that Wimbrow will be a permanent emergency access but will be constructed in a subsequent phase. Discussion took place on the other proposed permanent access onto Airport Drive East. The City Manager advised that the use of the Golf Course parking lot as the other permanent entrance would have to be approved by FAA and would need to have a positive impact on the Golf Course to be feasible. He said objections have already been received relative to increased traffic on Main Strcct and impact on the golf course. is Special City Council Meeting .April 15, 1998 Page Three Discussion continued on the need for two accesses for the fust phase beyond its construction. Mr. Neuberger stated he thought an emergency access for phase I was necessary and should remain in place until a permanent secondary entrance is installed. Chuck Mechling said "I don't have a problem giving up a lot that's set aside, that's not built on, unci we move on to the other side of Collier Creek and comply with the other Wimbrow emergency exit. We just want to get along with everybody and we want to make it a quality project and be a part of the community, so 1 don't have a problem doing that on a temporary basis until we do go over to that other side." Mr. Molex said "So specifically, I think lot 4, in the subdivision plan which aligns up with Hart Avenue, we would work with those residents and I think that they, and the fact that we are also with this project, proposing to pave Airport Drive, which theoretically is of no benefit to our client, but I think that would be something that would resolve the concerns with the understanding that as we go into later phases and establish that second permanent entrance, that that would then become a saleable lot that could be built on." He then stated "I just wanted to add, my client indicated he would just like some flexibility, he thought he was pinned down with one lot, it would be one of the lots from along Airport Drive and anywhere from lot 4 to whatever the furthest lot, 25. One of [host lots would be established as the entrance, secondary entrance." • Mayor Sullivan noted a petition had been received relative to the proposed north entrance through th Golf Course. Mr. Moler said most of the City Engineer's comments in her March 11, 1998 had been satisfied, however, some would have to be addressed during construction. Staff Presentation The Director of Community Development gave a brief staff report, explaining the complete PUD approval process and the phasing for this particular project. Following a brief description of phase I and reiterating access conditions approved in the conceptual plan, he recommended that the City Attorney's opinion be obtained on use of the access to Airport Road to Hart Avenue, which are privately owned, and for which, local residents may say they have a prescriptive easement. He reiterated Resolution No. R-98-15 conditions 1 through 8, and noted that the developer will be applying for a special use permit for sandmining to remove excess fill from the site. TAPE I - SIDE II (7:55 p.m.) The Director of Community Development responded to questions from Council, stated that the Resolution is in error relative to where it refers to plan sheet numbers 1-21, and pointed out that the nine sheets (pgs 3,13,14,15,17,18,19,20 & 2l) which are missing are actually construction drawings. LJ Special City Council Meeting April 15, 1998 Page Four Proponents' TrAntony None. OpponeulS' Te4timony Ruth Briggs, 321 Main Street, Sebastian, affected party opponent, opposed the use of Wimbrow for any access, and asked how a locked gate can be maintained; and opposed using Airport Road. The City Manager assured Mrs. Briggs that the Wimbrow access would not be used for any kind of construction, only for emergency vehicles. Mayor Sullivan noted that a petition objecting to from Main Street residents had been received. Informational Testimony Harry Thomas, 654 Balboa Street, Sebastian, said if this is a private community, it should provide its own emergency services. Ed Herder, 11145 Airport Drive, said the private road being referred to is actually Airport Drive, that it was installed by the Navy, and that he would like to see it paved due to the fact that it is abutting • the project. Mayor Sullivan closed the Public Information Period. ADDlicagl:g Rebuttal Presentation None. St@ff R=Drse and Summary The Director of Community Development summarized his report and recommended approval of Resolution No. R-98-15 with the correction to sheet numbers as stated by Vice Mayor Wininger, and obtaining the City Attorney's opinion on approving access to private streets. City Council/Board Inquiry of Applicants, Proponents, Opponents or Staff Memlwj In response to Vice Mayor Wininger, item 8 on the fust page of the plan was changed to "City and County Engineers and Public Works Director for City and County"; Steve Moler explained open space calculations were based on the overall total area of the project which includes Collier Creek; Mr. Mechling said he and Steve Melchiori were the principals for Onsite Management Group, Inc. Mrs. Wininger said the second access road should be addressed in the beginning of development and not down the road. 0 4 WrSpxial City Council Meeting April 15, 1998 Page Five Mrs. Cartwright asked the applicant to reconsider the second permanent access going into the goll course. In response to Vice Mayor Wininger, the City Attorney said ownership of waterways is a complicated legal issue, but St. Johns River Water Management District does have a lot of contra' that area. The Director of Community Development read into the record a November 5, 1997 letter from Inc River County Community Development Director, Robert Keating, regarding the professionalism c Onsite Management. Mayor Sullivan closed the public hearing at 8:36 p.m. MOTION by Cartwright/Paul I'll move to approve Resolution 98-15 with the following changes: Section 1, the Preliminary Development Plan for Phase I of Collier Club, the project sheets 1, 2, 4 through 12, and 16 as amended this evening, the addition of a condition 9 that the applicant sha provide one emergency access during the construction phase. The Director of Community Development noted that some of the City Engineer's comments, as stated in her March 11, 1998 memo, were not relevant to this phase; and that condition 4 covers t need for concurrence with those comments by requiring her to approve all construction drawings. ROLL CALL: Mrs. Cartwright aye Mr. Neuberger - aye Mr. Paul aye Mrs. Sullivan aye Mrs. Wininger aye MOTION CARRIED 5-0 Mayor Sullivan called recess at 8:42 p.m. and reconvened the meeting at 9:55 p.m. All members were present. S. OTHER MATTERS 98.089 A. Discussion Relatjve to Code Enfprccment Proposals Inpluding the Placement of Enforcement Off=n into the Police Department (City Manager Transmjttal 4/10/98) The City Manager gave a brief presentation on his proposal to establish two branches of Code Enforcement; building inspection under the Community Development Department, and the main c enforcement activity under the Police Department. He cited the system used by Vero Beach and Indian River County. TAPE II - SIDE 1(9:00 p.m.) F1 RESOL A RESOLUTION OF THE CITY COUNTY, FLORIDA, APPR DEVELOPMENT PLAN FOR PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT FOR AN EFFECTIVE DATE. WHEREAS, Onsite Management preliminary development plan for phase I of NO. R-9&15 IF SEBASTIAN, INDIAN RIVER VING THE PRELIMINARY COLLIER CLUB, PHASE I; RESOLUTIONS OR PARTS OF iEREWITH; AND PROVIDING Inc. has applied for approval of a Club, and WHEREAS, the Planning and Zoning Commission has recommended approval of the preliminary development plan for phase I f Collier Club, NOW, THEREFORE, BE IT RESOL D BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER POUNTY, FLORIDA, that: Section 1. PRELIMINARY DI VELOPMENT PLAN. The preliminary development plan for phase I of Collier Club (the Project), sheets 1, 2, 4 through 12, and 16, as prepared by Masteller & Moler, Inc. dated January, 1998, is approved with the following conditions: 1. The contractor shall be responsible for erosion control within best management practices for the duration of the project until such time as the project has been certified as complete. 2. Silt fences shall be installed al ng limits of construction. 3. Contractor shall construct sidewalks in the adjacent right-of-way and along recreational tracts prior to ce ificate of occupancy approval. 4. The applicant shall submit the construction drawings to the City Engineer for approval prior to initiating construction, and shall submit for approval easement details for entrance oad"A" from Roseland Road. 5. Applicant shall submit copies permits from St. Johns, DEP and Fish and fp Wildlife prior to construction pproval. 6. Applicant shall submit fora #ndmining permit to remove excess fill from the site during construction oq Stormwater Tract "A". 7. Applicant shall submit copii connection to Roseland Road of Indian River County approvals for I Utilities plan. 8. Applicant shall submit for fidevelopment plan approval within eighteen (18) months from the date of Oreliminary approval. 9. Applicant shall provide a phase. Section 2. CONFLICT. All hereby repealed. Section 3. EFFECTIVE DATE. immediately upon final passage. The reoing Resolution was n _ j4p The r Pau and, upon Mayor Ruth Sullivan Vice -Mayor Martha Wininger Councilmember Loiuse R. Cartwnp Councilmember Larry Paul Councihnember Chuck Neuberger Mayor thereupon declared this day of 1998. ATTEST: emergency access during construction or parts of resolutions in conflict are This Resolution shall take effect for adoption by Councilmember was seconded by Councilmember put to a vote, the vote was as follows: �C Xe on duly passed and adopted this CITY OF SEBASTIAN, FLORIDA r By: Ruth Sullivan, ayor ATT: Ka6rydM. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney City of 1225 MAIN STREET ❑ TELEPHONE (5611589 - April 23, 1998 Chuck Mechling, President Onsite Management Group, Inc. 4445 N. AIA Suite 250 Vero Beach, Florida 32963 Re: Collier Club Preliminary Plan Approval Dear Mr. Mechling: On April 15, 1998, the City Council of the City of S Collier Club Phase L In discussions prior to the apI Inc. ("Developer"), to provide a temporary emergency evidence, the motion to approve the Preliminary Accordingly, the resolution approving the Phase I F timing for maintenance of this temporary access. In order to memorialize your agreement concerning i agreement on behalf of Onsite Management Group, Inc. Sincerely Tracy E. Hass City Planner I, Chuck Mechling, President of Onsite Management will be constructed to serve Phase I of the Collier maintained until subsequent phasing of Collier Club Drive emergency access. c L4 Chuck Meclituig President, Onsite Management Group, I Attachment cc: Tom Frame, City Manager Mayor and Council )astian TIAN, FLORIDA 32958 ❑ FAX (561) 589-2566 n ("City Council") approved the preliminary plan for you agreed, on behalf of Onsite Management Group, during Phase I construction, until subseaucnt phasing r Drive emergency access. As the enclosed minutes : Phase I did not include the underlined language. y Plan does not reflect you agreement concerning the above, we are requesting that you execute this letter ru cooperation is appreciated. , Inc., hereby agree that, a temporary emergency access development and that said emergency access will be s for installation of the previously approved Wimbrow Date � 9 f 114Regular City Council Meeting 13,1998 Page Three 8. CITY MANAGER MATTERS 98.088 A. City Manager Report on Resolution No. &-98-15 - Collier Club Estates Preliminary Development Plan for Phase I - Corlditi4n 9 wLd Agreement (City Manager Transmittal 5/7/98- R-98-jLMechUuE Agreemcut) The City Manager explained that condition 9 of the resolution did not fully state the apphcant's intent to provide a temporary emergency access until such time as another emergency access is opened in a later phase, and said that a letter agreement had been signed by applicant, Chuck Mechling, and will be attached to the resolution. 9, CONSENT AGENUA All Items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 4/15/98 Special Meeting, 4/22/98 Regular Meeting, 4/29/98 Special Meeting and Public Forum, 5/6/98 Special Meeting 8.103 B. Authorize City Execution of Extension to Florida Communities Trust Conceptual Approval Agreement, Grant Award Agreement, and Grant Award Calculation Statement for Cost -Share Reimbursement - County Acquisition of the "St. Sebastian PUD" Property (City Manager Transmittal, DeBlois Memo 4/28/98, Agreements) 98.106E C. Approve Planting of Trees at Sebastian Community Center by Keep Indian River County Beautiful (City Manager Transmittal 5/6/98, Tree Board Memos 3/19/98 & 4/8198, CM Memo 4/22/98) 98.105B D. Accept Resignation of Mack May from Subcontractor Regular Member Position on Code Enforcement Board (City Clerk Transmittal 4/27/98, May letter) The City Manager read the consent agenda. Mrs. Wininger removed items A and C. MOTION by Paul/Neuberger I move that we accept the consent agenda items B and D. VOICE VOTE on the motion carried 4-0. 0 Special city Council Meeting 0166, 17,1998 Page Two 4. QUASI-JUDICIAL PUBLIC HEARING(S). FINAL ADOPTION (Procedures on Back of Agenda) 98.088 A. Resolution No. R-98-25 - Collier Club PUD - Sandmimigg Special Usp Permit (Planning Transmittal 6/10/98, R-98-25. Application, Staff Repots Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN.INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL US] pERMrr AND MINI1G PERMIT TOIL CIHKKMME24G ONSITE MANAGEMFNI GROUP. INC. FOR A SAN] MINE AT THE COLLIER CLUB PUD SUBDIVLSNON, PROVIDINO FOR REPEAL OF RESOLUTIONS IN CONFLIC' HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Williams read Resolution No. R-98-25 by title, and Mayor Sullivan opened the hearing at 7:02 p.m. All affected parties waived administration of an oath by other affected parties. Steve Melchiore, representing Onsite Management, Inc. addressed City Council on the need for a mining permit to allow excavation of lakes to comply with the approved on site stormwater management system and removal of the material from the site; said the work should be done within • 90 days; and that the lakes will be approximately eight feet deep. The City Planner said he had contacted Indian River County regarding access onto Roseland Road; said the applicant had requested a waiver of the bonds; and stated, "Staff does not find the mining permit to be detrimental to the public safety, health, or welfare or injurious to other properties or improvements within the immediate vicinity in which the property is located and the use requested is consistent with the purpose and intent of the respective zoning district and can be demonstrated to b( similar in nature and compatible with uses in the zoning district. With that, the proposed sandmininl special use permit is consistent with the land development code, comprehensive plan, code of ordinances; the Planning and Zoning Board has adopted the staff report and recommends approval tc the City Council and the staff, as well, would recommend approval of Resolution No. R-98-25 with the following conditions: 1) hours of operation shall be 7 am to 5 pm Monday through Friday; 2) the property to be excavated shall be posted `no trespassing'; 3) the required compliance and restoration bonds shall be posted; and 4) applicant shall provide permanent project boundary corners with intermediate stakes at a minimum of 300 feet and all limits of excavation shall be staked, marked an maintained with visible flags in the field in accordance with the approved plans for the permit." Mrs. Cartwright disagreed with making Indian River County approval relative to the Roseland Road access a condition of Council's approval, stating notification should be sufficient; and recomunendcd the special use permit be issued to "Onsite Management Group, Inc." rather than "Chuck Mechling" as stated in the revised resolution title. Attorney Williams agreed with that amendment. 0 Special City Council Meeting Ounc 17, 1998 Page Three Mayor Sullivan asked why thcre was no reference to the Airport Drive improvement, and the City Manager responded that the issue of Airport Drive East is a separate issue; and will have to be addressed at a later time and brought back to Council. Mr. Paul questioned the necessity for the bonds, and the City Manager said there should be some minimum bond requirement to ensure that restoration is completed, however, suggested that perhaps the bond could be tied to a specific phase scheduled for excavation rather than the entire site. Mr. Melchiorc said the arca to be cleared is approximately 13 acres; and suggested submitting one combination S 13,000 bond for the term of the excavation, and have the City hold it until inspected and approved. Following a brief discussion, City Council concurred Walter Good, 414 Ponoka Street, Sebastian, affected opponent, objected to the hours of operation. Mayor Sullivan closed the public information period. The City Planner again recommended approval with conditions as outlined by Council tonight. Mayor Sullivan closed the public hearing at 7:42 p.m. • MOTION by Cadwright/Paul I move to approve Resolution R-98-25 with the amendment to the title, deleting Mr. Chuck Mechling and adding Onsite Management Group, Inc. and condition number 3 adding the words for 13 acres at the end of that sentence so it would read "The required compliance and restoration bond shall be posted based on 13 acres." ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - absent MOTION CARRIED 4-0 5. 94 no further business, Mayor Sullivan adjourned the Special Meeting at 7:43 p.m Approved at the 1998, Regular City Council Meeting. AW Ruth Sullivan Mayor Kathryn M. 'Halloran, CMC/AAE opity Clerk A RESOLUTION OF THE CITY COUNTY, FLORIDA, GRANTIN MINING PERMIT TO ONSM FOR A SAND MINE AT SUBDIVISION; PROVIDING Ft OR PARTS OF RESOLUTIONS PROVIDING FOR AN EFFECTF WHEREAS, Mr. Chuck Mechling, special use permit for a sand mine to excav Club PUD Subdivision; and NO. R-98-25 IF SEBASTIAN, INDIAN RIVER A SPECIAL USE PERMIT AND MANAGEMENT GROUP INC. CHE COLLIER CLUB PUD t REPEAL OF RESOLUTIONS CONFLICT HEREWITH; AND C DATE. isite Management Group, has applied for a stormwater management lakes at Collier WHEREAS, the Planning and Zo ' g Commission has reviewed the application for the special use permit and has found that the proposed sand mine will not be detrimental to the public safety, health, or welfare nor will it be injurious within the immediate vicinity in which the property is Ic cated and that the proposed use is consistent with the purpose and intent of the PUD -R zoning district and is similar in nature and compatible with uses allowed in the PUD -R zoning district; and WHEREAS, the Planning and Zc and recommends the City Council approve stormwater lakes at Collier Club PUD with NOW, THEREFORE, BE IT Rl THE CITY OF SEBASTIAN, INDIAN FOLLOWS: SECTION 1. FINDINGS. The mine will not be detrimental to the public s within the immediate vicinity in which the X consistent with the purpose and intent of nature and compatible with uses allowed in SECTION 2. APPROVAL. The the special use permit for a sand mine at Cc l Commission has recommended approval application for a sand mine to excavate the ditions; and VED BY THE CITY COUNCIL OF ,R COUNTY, FLORIDA, AS of Sebastian finds that the proposed sand y, health, or welfare nor will it be injurious erty is located and that the proposed use is PUD -R zoning district and is similar in PUD -R zoning district. Council of the City of Sebastian approves Club PUD with the following conditions: 1. The hours of operation shall �e 7:00 A.M. TO 5:00 P.M. Monday through Friday. This includes excavation and hauling of material from the site. 2. The property to be excavated hall be posted "no trespassing". 3. A combined compliance and istoration bond shall be posted and based on thirteen (13) acres. 4. The applicant shall place permanent project boundary comers, with intermediate stakes at a minimum of three hundred feet and all limits of excavation shall be staked, mirked and maintained with visible flags in the field, in accordance with appr ved plans for the permit. Section 2. CONFLICT. All hereby repealed. Section 3. EFFECTIVE immediately upon final passage. There oing Resolution was n The r and, upon Mayor Ruth Sullivan Vice -Mayor Martha S. Wininger Councilmember Louise R. Cartwri Councilmember Larry Paul Councilmember Chuck Neuberger Thp Mayor thereupon declared this day of 1998. or parts of resolutions in conflict are This Resolution shall take effect for adoption by Councilmember was seconded by Councilmember put to a vote, the vote was as follows: g� dAtul out ion duly passed and adopted this J-71— 1k OF SEBASTIAN, FLORIDA By: Ruth ullivan, Mayor ATTEST: 2A io ei� Kathryn O'Halloran, CTMGAAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney Regular City Council Meeting �ecember 2, 1998 Page Six ROLL CALL: Mr. Neuberger - aye Mr. Paul - nay Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - absent MOTION CARRIED 3-1 (Paul - nay) 98208/ B. Resolution No. R-98-52 -Abandoning Airport PrQpe:* (City Manager Tr9nsmittal 11/24/98, R-98-52 98.088 A RESOLUTION OF THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY, FLORIDA, DECLARING SURPLU AIRPORT PROPERTY; AUTHORIZING EXECUTION OF LETTER AGREEMENT WITEI AND ACCEPTANCE O DEED OF RELEASE FROM FEDERAL AVIATION ADMINISTRATION; DIRECTING CITY MANAGER TO OFFE1 SAID PROPERTY FOR SALE BY BID; SETTING CONDITIONS AND MINIMUM PRICE; PROVIDING FO) EFFECTIVE DATE. The City Manager explained the process for abandonment of the subject property. MOTION by Neuberger/Paul I move to approve Resolution No. R-98-52 declaring surplus airport property; authorizin execution of letter agreement with acceptance of deed of release from FAA and directing the Cit . Manager to offer the property for sale by bid with minimum bid to be S 1000. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger -nay Mrs. Cartwright - absent Mr. Neuberger - aye 98.!39 MOTION CARRIED 3-1 (Wininger - nay) The City Attorney read Resolution No. R-98-52 by title C. Resolution Ng. R-98-53 - Airport Joint Participation Grant Agl;ement Bc(y = FDOT and Ciw of $;bastion for a Fuel Farm - Authorize City Manager to Execute (City Manager Transmittal 11/24/98, Attomgy Memo -Manager Memo, Proposed Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CTT MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST A JOINT PARTICIPATION AGREEMENT (GRANT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR AN AIRPORT FUEL FACILITI PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREwTITT; AN PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-98-53 by title. A RESOLUTION OF THE CI OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARI G SURPLUS AIRPORT PROPERTY; AUTHORIZING EXECUTION OF LETTER AGREEMENT WITH AND ACCEPTANCE OF DEED OF LEASE FROM FEDERAL AVIATION ADMINISTRATION; DIRECTING CI MANAGER TO OFFER SAID PROPERTY FOR SALE BY BID; SETTING ONDITIONS AND MINIMUM PRICE; PROVIDING FOR WHEREAS, the On Site Management casement across Airport land to the Collier WHEREAS, the Federal Aviation property be declared surplus and sold subject to of the Airport; and WHEREAS, the FAA has forwarded an execution by the City to accomplish this action; WHEREAS, City Code Sec. 2-93(b) NOW THEREFORE, BE IT RESOL SEBASTIAN, as follows: Section 1• DECLARATION OF hereby declares the following described real surplus and no longer needed for City purposes: Commencing at the East Comer of Section along the Fleming Grant Line for a distant distance of 1,949.47 feet to a concrete moat Road; thence, N 11 ° 49'08"E, along said rig: point of beginning for the herein describe along said right-of-way line for a distance of of 86.36 feet; thence, S45 °08'32"W, for a Said parcel containing 2,442 square feet (( and DATE. has requested that the City grant a road (FAA) has requested instead that the conditions ensuring the operational integrity Agreement and a Deed of Release for for abandonment of City -owned real property. BY THE COUNCIL OF THE CITY OF LUS. The City Council of the City of Sebastian located in Indian River County, Florida, to be Z9 of the Fleming Grant, thence, S45 °09'04"W, of 7.304.12 feet; Thence, N45 ° 09'04"W, for a ment on the East Right -of -Way of the Roseland t -of -way line, for a distance of 33.47 feet to the I parcel of land; thence continue N 11 °49'08"E:. 56.57 feet; thence, N78°27'05"E, for a distance istance of 103.00 feet to the point of beginning. acres) more or less. Section 2. AUTHORIZATION TO Council hereby agrees to enter into the Letter attached hereto as Exhibit "A", agrees to accept the and authorizes execution of the same by the Section 3. SALE. The City surplus property for sale by bid pursuant to City dollars ($1000.00), conditioned upon payment by transaction and subject to deed restrictions in "A" and "B" hereto. EFFECTIVE DATE. upon its adoption. The foregoing Resolution was moved for The motion was seconded by Councilmember a vote, the vote was as follows: Mayor Ruth Sullivan vice -Mayor Martha Wininger Councilmember Louise Cartwrighl Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this December, 1998. FAA DOCUMENTS. ThcCity with the FAA, dated October 15, 1998, and of Release attached hereto as Exhibit "B", and necessary City officers. , or his designees, are directed to offer the 2-93(b) with a minimum price of one thousand of all costs associated with the sale with the conditions contained in Exhibits This resolution shall take effect immediately i and, upon being put into duly passed and adopted this 2nd day of CITY OF SEBASTIAN, FLORIDA By: ( ��✓'� Ruth Sullivan, Mayor ATTEST: to Kathryn . O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: -�4 5 - Rich Stringer, City A �v U.S. Department of Transportation Federal Aviation Administration October 15, 1998 Mr. Tom Frame City Manager/Airport Manager City of Sebastian 1225 main Street Sebastian, FL 32958 Dear Mr. Frame: RE: Letter of Release (Surplus Pro A Parcel of Land in Section 29 AIRPORTS DISTRICT OFFICE 5950 Hazeltine National Dr., Suite 400 Orlando, Florida 32822-5024 : (407) 812-6331 Fax: (407) 812-6978 )erty Land) of the Fleming Grant, Indian River County, Florida (South East Comer in the City Of Sebastian Municipal Golf Course) We refer to a written request dated Septeml Frame, on behalf of the City of Sebastian, h requested that a parcel of land in Section 21 Florida (the Southwest Comer in the City of tenant of Sebastian Municipal Airport be rely Agreements between the Federal Aviation P The requested release is for the purpose of convey title of this property for road right -of, We have concluded that this property, as k Release, is no longer needed for aeronauti of such land for the stated purpose will not future development of Sebastian Municipal By accepting this release, the Airport Deposit the net proceeds of the apprai an interest bearing account currently p after consummation of the sale, where an FAA approved use at Sebastian Mt 3r 28, 1998, wherein Mr. Thomas W. reafter referred to as Airport Owner, of the Fleming Grant, Indian River County, lebastian Municipal Golf Course) which is ased from the terms of Surplus Property [ministration (FAA) and the Airport Owner. lifting the Airport Owner to sell and purposes. ly described in the enclosed Deed of purposes, and that the release and use irfere with the operation, maintenance or agrees to: id Fair Market Value (FMV) of $1,000 in ring the highest interest rate immediately shall remain until utilized for payment of cipal Airport. PARTNERS IN CREATING ITOMORROW'S AIRPORTS--+} 2 2. Expend, within five (5) years of the D of Release execution date, the sum of $1,000 plus accumulated interest for purposes pre -approved by the FAA. It is understood and agreed that this amount will notbe eligible as sponsor matching funds for Federally assisted airport development 3. Maintain accurate records of the above listed expenditures in accordance with accepted business practices, and for th es (3) years after the approved project is completed, keep the records open for inspection by the FAA at any time. 4. Insure that they and their successors of the public in Sebastian Municipal E property which would constitute an ai 5. Update the Airport Layout Plan upon Exhibit "A" property map to reflect the 6. Insure that they and their successors the public, the right of flight for the pa; surface of the subject property, the rig noise in that airspace, and the right to the airport. In consideration of these premises, the FAA the obligations, terms, and conditions of the this agreement as they may relate to the sut Please indicate your acceptance of these cc bottom portion of this letter and its enclosed office. In addition, please have the original and t% executed on behalf of the Airport Owner a Deed of Release has been recorded, plea recorded document which shows the date, Sincerely, 1W0'a- .Z Lr W. Dean Stringer Manager 3 Enclosures assigns protect the rights and interests I and prevent any use of the subject hazard. )tante of the release and revise the airport boundaries. J assigns retain, for the use and benefit of ige of aircraft in the airspace above the for existing and future aircraft to generate oe the airspace to land on or take off from :es to release the Airport Owner from ling grant agreements as of the date of property: by signing and completing the 3 and returning one copy to our copies of the Deed of Release (enclosed) return one copy to this office. After the famish this office with a copy of the iok, and page number of the recordation. 3 Accepted By:,_ Title: Ruth Su Date: 12/2/98 City as to Form and legality for by the City of Sebastian Only: City Attorney This instrument, a Deed of Release, made and through the Administrator of the Fedi Transportation, under and pursuant to tt provisions of Public law 81-311 (63 Stat. A the State of Florida, a body politic, create( laws of the State of Florida, WITNESSETH: WHEREAS, the United States of America, General Services under and pursuant to provisions of Federal Property and Adminis 30, 1949 (63Stat 377) and Surplus Propert applicable rules, regulations, and orders by Deed" dated January 29, 1959, did remise, Sebastian, it successors and assigns, all d property located and situated in Sebastian, reservations and restrictions, said Quitclain of Indian River County, Florida, Deed Bool made as if fully set out herein; and WHEREAS, the Airport Owner has reques the hereinafter described real property fror and restrictions of the said instrument(s) of WHEREAS, the Administrator of the F grant releases pursuant to the powers (63 Stat 700), as amended; and WHEREAS, by virtue of delegation of auth Office, Airports Division, Southern Region, pursuant to the powers and authority cont authorized to make determinations on req said Deeds of Release to covey, quitclaim the United States of America by an instrumi WHEREAS, the Manager, Orlando Airport: Region, Federal Aviation Administration, h; property as is hereinafter described, from a and restrictions set forth in the above iden accomplishment of the purpose for which th conditions, reservations and restrictions a interests of the United States of America in M y the United States of America, Acting by al Aviation Administration, Department of powers and authority contained in the I, as amended, to the City of Sebastian of operating, and doing business under the icting by and through the Administrator of ie powers and authority contained in the ative Services Act of 1949, approved June Act 1944 (58 Stat. 765), as amended, and in instrument of transfer entitled "Quitclaim elease and forever quitclaim to the City of hts, title and interest in and to that certain lorida, subject to certain terms, conditions, Deed being recorded in the public records No. 62, Page 255 reference being hereto d the United States of America to release all of those terms, conditions, reservations ansfer, and il Aviation Administration is authorized to authority contained in Public Law 81-311 y, the Manager, Orlando Airports District deral Aviation Administration, under and d In Public Law 81-311 (63 Stat. 700) is its for Deed of Release and to execute release any right or interest reserved to of disposal; and District Office, Airports Division, Southern s determined that the release of such real `of the said terms, conditions, reservations ified instrument of transfer will not prevent e property was made subject to such terms, �d is necessary to protect or advance the ivil aviation. NOW THEREFORE, for and in consideratic benefits to accrue to the United States America, upon inclusion by the City of conveying title to the hereinafter described (1) That the City of Sebastian rese for the use and benefit of the public the airspace above the surface c together with the right to cause in s in the operations of aircraft, now kr flight in the said airspace, for use c from or operating on the Sebastian A (2) That the City of Sebastian assigns, to restrict the height of obstructions on the hereinafter d comply with Federal Aviation Rq Page 2 i of the above expressed recitals and of the nd to civil aviation, the United States of Sebastian in the Instrument of Transfer eal property of provisions as follows: es unto itself, its successors and assigns, right of flight for the passage of aircraft in the real property hereinafter described, d airspace such noise as may be inherent wn or hereafter used, for navigation of or said airspace for landing on, or taking off micipal Airport. agrees for itself, its successors and s, objects of natural growth and other real property to such a height so as to Part 77. (3) That the City of Sebastian exp essly agrees for itself, its successors and assigns, to prevent any use of the hereinafter described real property which would interfere with the landing ort keoff of aircraft at the Sebastian Municipal Airport or interfere with air navigatior and or communication facilities serving the Sebastian Municipal Airport, or other se constitute an airport hazard. HEREBY, releases the said real property restrictions as contained in the above -mer States of America to the City of Sebastian is described as follows: A parcel of land in Section 29 of the Flem Southwest corner in the City of Sebastian the airport) more particularly described as Commencing at the East Comer of S45°09'04'W, along the Fleming 3n Thence, N45°09'04'W, for a distanc On the East Right -of -Way Line of along said right-of-way line, for a di: for the herein described parcel of said right-of-way one, for a distanc distance of 86.36 feet; thence, S45° point of beginning Said parcel contains, 2,442 square River County, Florida. the terms, conditions, reservations, and d Instrument of Transfer from the United d January 29, 1959, which real property Grant, Indian River County, Florida (the niciaal Golf Course which is a tenant of action 29 of the Fleming Grant, thence, it Line for a distance of 7,304.12 feet; of 1,949.47 feet to a concrete monument he Roseland Road; thence, N11M9'08-E, ance of 33.47 feet to the point of beginning ind; thence, continue N11049'OWE, along of 56.57 feet thence, N78027'05'E, for a 3'32'W, for a distance of 103.00 feet to the (0.06 acres) and lies wholly in the Indian Page 3 This release is for the specific purpose of permitting the City of Sebastian to sell and convey title to the above described proper for road right-of-way purposes. By its acceptance of this Deed of Rele agrees for itself, its successors and as conditions and limitations hereof, which real property. IN WITNESS WHEREOF, the United Stat be executed in its name and on its beha Office, Airports Di ision, Southern Region, Is*- day of � 1 91:R . UNITED STATI DEPARTMENT OF By /V- . . . . . . . v. ...a-., _.._.... Airports Division, Federal Aviatior the City of Sebastin also covenants and s, to comply with and observe all of the expressly limited to the above described of America has caused these presents to by the Manager, Orlando Airports District adoral Aviation Administration, all as of the 3 OF AMERICA RANSPORTATION rports Dis 'ct Office Southern egion Administration E City of Sebastian, Florida Subject: Resolution Declaring surplus airport property; authorizing execution of letter agreement With acceptance of deed of release from FAA and directing the City Manager to offer said property for sale by bid. Approved for Submittal by: Thomas W. Frame, City Manager Exhibits: 1. Proposed Resolution No. R-98-52 2. Letter of Release from FAA Expenditure n/a Agenda No. % 0, Department Origin: City Manager Date Submitted: November 24, 1998 For Agenda of: December 2, 1998 Amount Budgeted: Appropriation Required: n/a I a/a There is an existing small triangle of land that is on the airport property that is actually part of the golf course which is needed by the developers of the Collier Club for access. An appraisal was done to determine the fair market value of the property. That value was established at $1,000 and a request to sell the property was sent to the Federal Aviation Administration (FAA). The FAA responded to indicate approval of the sale under certain terms which are expressed within the "letter of release" from the FAA. In order to proceed with the sale under the terms of the City's surplus property regulations, the property must be bid out Staff would propose that bids be solicited for the property at a minimum bid amount of $1,000. RECOMMENDED ACTION Move to approve Resolution No. R-98-52 declaring surplus airport property; authorizing execution of letter agreement with acceptance of deed of release from FAA and directing the City Manager to offer said property for sale by bid. STATE OF FLORIDA ) )ss COUNTY OF ORANGE ) On this ISS day of the County of Orange, State of Florida, p to me to be the Manager, Orlando Airpor Region, Federal Aviation Administration, name is subscribed to the within instrun same on behalf of the Administrator of United States of America. "LA t.eB y BLA"'y My CMM Exp. 1127199 9 Bonded BY SaNW bs No. CC415327 �Yf tsw 1106KLG (SEAL) My commission expire., Accepted: City of Sebastian By: .`. Ruth Sullivan Title: Mayor Date: 12/2/98 WITNESS my YYA / 1P z . Kathryn M.0 O'Halloran, CMC/AAE City Clerk in a Approved as to Form and Legality for Reli4nee-iM ther ity of Sebastian only: City Attorney Page 4 944 before me a Notary Public in and for sonally appeared W. Dean Stringer, known District Office, • Airports Division, Southern nd known to me to be the person whose it and acknowledge that he executed the 3 Federal Aviation Administration and .the and official seal. for said County�Ind State �C' DEED t `t 9 bb6d1PK- Ase uh This instrum , ma and through �g,�{cniltrar, F Transportatio �g� n? n to provisions of Public law 81-311 (63 Stat. the State of Florida, a body politic, cree laws of the State of Florida, WITNESSEI _91 I 04, IN THE REOORDS OIC RELEASE JEFFREYK.BARTON CLERK CIRCUIT COURT INDIAN RIVER CO., FIA by the United States of America, Acting by ral Aviation Administration, Department of e powers and authority contained in the 0), as amended, to the City of Sebastian of , operating, and doing business under the WHEREAS, the United States of America acting by and through the Administrator of General Services under and pursuant to the powers and authority contained in the provisions of Federal Property and Administrative Services Act of 1949, approved June 30, 1949 (63Stat. 377) and Surplus Property Act 1944 (58 Stat. 765), as amended, and applicable rules, regulations, and orders by an instrument of transfer entitled "Quitclaim Deed" dated January 29, 1959, did remise, release and forever quitclaim to the City of Sebastian, it successors and assigns, all rights, title and interest in and to that certain property located and situated in Sebastian Florida, subject to certain terms, conditions, reservations and restrictions, said Quitclaim Deed being recorded in the public records of Indian River County, Florida, Deed Bok No. 62, Page 255 reference being hereto made as if fully set out herein; and WHEREAS, the Airport Owner has reque 'ted the United States of America to release the hereinafter described real property frorn all of those terms, conditions, reservations and restrictions of the said instrument(s) of transfer; and WHEREAS, the Administrator of the F grant releases pursuant to the powers (63 Stat. 700), as amended; and WHEREAS, by virtue of delegation of a Office, Airports Division, Southern Reg pursuant to the powers and authority c authorized to make determinations on said Deeds of Release to covey, quitcl the United States of America by an insti WHEREAS, the Manager, Orlando Airpor Region, Federal Aviation Administration, I property as is hereinafter described, from and restrictions set forth in the above ide accomplishment of the purpose for which 1 conditions, reservations and restrictions interests of the United States of America it it Aviation Administration is authorized to authority contained in Public Law 81-311 )rity, the Manager, Orlando Airports District Federal Aviation Administration, under and ined in Public Law 81-311 (63 Stat. 700) is jests for Deed of Release and to execute or release any right or interest reserved to Int of disposal; and s District Office, Airports Division, Southern as determined that the release of such real 311 of the said terms, conditions, reservations itified instrument of transfer will not prevent ie property was made subject to such terms, Ind is necessary to protect or advance the civil aviation. Page 2 NOW THEREFORE, for and in considerati n of the above expressed recitals and of the benefits to accrue to the United States and to civil aviation, the United States of America, upon inclusion by the City o Sebastian in the Instrument of Transfer conveying title to the hereinafter describec real property of provisions as follows: (1) That the City of Sebastian res for the use and benefit of the publi the airspace above the surface together with the right to cause in in the operations of aircraft, now I flight in the said airspace, for use from or operating on the Sebastian ves unto itself, its successors and assigns, a right of flight for the passage of aircraft in f the real property hereinafter described, rid airspace such noise as may be inherent own or hereafter used, for navigation of or f said airspace for landing on, or taking off lunicipal Airport. (2) That the City of Sebastian ex ressly agrees for Itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. (3) That the City of Sebastian ex ressly agrees for itself, its successors and assigns, to prevent any use of th3 hereinafter described real property which would interfere with the landing or takeoff of aircraft at the Sebastian Municipal Airport or interfere with air navigation and or communication facilities serving the Sebastian Municipal Airport, or otherwise constitute an airport hazard. HEREBY, releases the said real propertyfrom the terms, conditions, reservations, and restrictions as contained in the above -me tioned Instrument of Transfer from the United States of America to the City of Sebastian dated January 29, 1959, which real property is described as follows: A parcel of land in Section 29 of the Fle ing Grant, Indian River County, Florida (the Southwest comer in the City of Sebastian Municipal Golf Course which is a tenant of the airport) more particularly described ao follows: Commencing at the East Comer of S45009'04"W, along the Fleming G Thence, N45109'04"W, for a distan On the East Right -of -Way Line c along said right-of-way line, for a d for the herein described parcel o said right-of-way one, for a distar distance of 86.36 feet; thence, S4: point of beginning Said parcel contains, 2,442 square River County, Florida. action 29 of the Fleming Grant, thence, int Line for a distance of 7,304.12 feet; of 1,949.47 feet to a concrete monument the Roseland Road; thence, N11149'08"E, tante of 33.47 feet to the point of beginning land; thence, continue N11149'08"E, along a of 56.57 feet; thence, N78027'05"E, for a )8'32"W, for a distance of 103.00 feet to the (0.06 acres) and lies wholly in the Indian STATE OF FLORIDA ) )ss COUNTY OF ORANGE ) On this ISS day of C)h.�� , the County of Orange, State of Florida, pe to me to be the Manager, Orlando Airport Region, Federal Aviation Administration, name is subscribed to the within instrum same on behalf of the Administrator of t United States of America. ALLA LEE L, B A NV My Comm Bxp, 1/27199 HovatY Bonded BY Savioe Ins rvyuc No. CC415327 jtm� rK.o.. tlorto. (SEAL) My commission Accepted:. •06ity of..Seb� s�tlan ;e�� '•rratic Ruth Sohl£ Title:Mayor -,pate:. ,. •121i��a a W"Y.. City Clerk as to Form and by -the 11ity of City Attorney WITNESS my Notary ty for Page 4 19% before me a Notary Public in and for rsonally appeared W. Dean Stringer, known s District Office, Airports Division, Southern and known to me to be the person whose ant and acknowledge that he executed the ie Federal Aviation Administration and the and official seal. and for said Co Wegular City Council Meeting January 27, 1999 Page Eight ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5.0 99.022/98.088 C. Resoluti9.o No. R-99-06 - C4Uier Club Final Plot Phase I (City En irwv/Growth Management Transttlittal 1/20/99, R-99-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB SUBDIVISION PHASE L PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HFREWII%I; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-06 by title. MOTION by Cmtwright/Paul I move to adopt Resolution 99-06. • It was noted that a difference in road names on pages 2 (Airport Road) and 3 (Airport Drive) of the plat should be corrected. Steve Melchiore, Onsite Management, responded to a question from Council regarding language on page 2 number 8, stating that Tract I will be dedicated to Indian River County after improvements are completed, and the County will accept maintenance responsibility. The City Attomey said he would feel more comfortable if the language read, "The City of Sebastian shall not have any responsibility, duty or liability regarding said road or tract." MOTION by Sullivan/Cartwright I would move that amendment. VOICE VOTE on the amendment carried 5-0. Mr. Melchiors requested an easier rewrite and the City Attorney changed it as follows " "The City of Sebastian shall have no responsibility, duty or liability regarding said road or batt.". ROLL CALL: (main motion as amended) Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye • MOTION CARRIED 5-0 Regular City Council Mating anuary 27, 1999 Page Seven 13. OLD BUSINESS -None 14. UW BUSINESS 99.015 A. Autbgrize Expenditures of $32,271.90 for Culve4Yeplacements and $12,578.01 for Side Yard Pipe Wtallation to C.$ McLellan, the Annual Culvert Replacement Qgntractor (Public Works/ En&eging Transmittal 1/209, Work Order IA, 1B. j mW 3. Spreadsheet for Stormwater Projects) The City Manager reviewed a balance sheet submitted by the City Engineer relative to current stormwater projects (see attached). MOTION by Neuberger/Paul I move to authorize the expenditures of $32,271.90 for culvert replacements and $12,578.01 for side yard pipe installation to C.R. McClellan, the Annual Culvert Replacement Contractor. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye • Mr. Paul - aye Mrs. Sullivan - aye Mrs. W ininger - aye MOTION CARRIED 5-0 99.021/98208 B. RAsolution No_ R-99-05 Ratifying Auctiolt Held 12/21/98 and Authorizing Exccutioll of Quit Claim Deed for AirportProlerty to Collier CIO, Inc. (City Attorm Transmittal 1/21/99, Auction Minutes. Iks�l A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CONFIRMING AUCTION OF SURPLUS AIRPORT PROPERTY; AUTHORIZING EXECUTION OF DEED TO HIGH BIDDER AND DEPOSIT OF FUNDS; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-99-05 by title. MOTION by PauUNeuberger I move to adopt Resolution R-99-05 ratifying the auction held 12/21/98 and authorizing the Mayor, City Clerk and necessary personnel to execute a quit -claim deed to Collier Club, Inc. and directing the City Manager to appropriately deposit the proceeds of the sale. 0 7 A RESOLUTION OF THE CT RIVER COUNTY, FLORIDA, SURPLUS AIRPORT PROPE] EXECUTION OF DEED TO H OF FUNDS; PROVIDING FOl WHEREAS, by Resolution be surplusage and authorized the City WHEREAS, on December 21, 1 auction was held at City Hall for the We WHEREAS, Collier Club, Inc. thousand dollars and a check in said amount NOW THEREFORE, BE IT CITY OF SEBASTIAN, as follows: Section I. RATIFICATION hereby ratifies the auction of surplus land confirms Collier Club, Inc., as the high Section 2. AUTHORIZA City Clerk and any necessary personnel are quit -claim deed to Collier Club, Inc., subjec the following described real property Commencing at the East Corner of. S45009'04"W, along the Fleming 0 Thence, N45°09'04"W, for a distan the East Right -of -Way of the Rosee right-of-way line, for a distance of3 herein descr,bed parcel of land; that OF SEBASTIAN, INDIAN AUCTION OF AUTHORIZING BIDDER AND DEPOSIT EFFECTIVE DATE. this Council declared certain airport land to to sell said land by public bid; and at 11:00 a.m. a duly noticed and authorized surplus land; and sole bidder at the minimum price of one been delivered to the City Attorney; VED BY THE COUNCIL OF THE The City Council of the City of Sebastian December 21, 1998, at 11:00 a.m. and therefore. EXECUTE DEED. The Mayor, authorized to execute and deliver a the previously enumera -!d restrictions, for in Indian River County, Florida: ction 29 of the Fleming Grant, thence, it Line for a distance of 7,304 1 "' feet; of 1,949.47 feet to a concrete nwnuntem onr i Road; thence, N11°49'08"E, along ->aid 47 feet to the point of beginning 1'or Ihr; o continue N11049'08"E, along said right-ot- way line for a distance of 56.57 feet feet; thence, S45°08'32"W, for a di Said parcel containing 2,442 square and the City Manager is directed to deposit City account(s). Section 3. EFFECTIVE DA immediately upon its adoption. The foregoing Resolution was m AdThe motion was and, upon being put unto a vote, the vote Mayor Ruth Sullivan Vice -Mayor Martha Winin; Councilmember Louise Cai Councilmember Larry Paul Councilmember Chuck Nei The Mayor thereupon declared this January, 1999. ATTEST: Kathryn&l. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorne thence, N78°27'05"E, for a distance of 86.36 ince of 103.00 feet to the point of beginning. eet (0.06 acres) more or less, payment therefore into the appropriate This resolution shall take effect for adoption by Councilmember ided by Councilmember "10. as follows:�- duly passed and adopted this 27th day of CITY OF SEBASTIAN, FLORIDA By: Rufh $u Ivan, Mayor Return to: Richard Stringer, City 1225 Main Street Sebastian, FL 32958 THIS QUIT -CLAIM DEED, executed this 28 "' day of January, A.D., 1999, by the City of Sebastian, a Florida municipal corporation, first party, to Collier Club, Inc., whose post office address is 4445 A -1-A, Suite 250, Vero Beach, Florida, second party: (Wherever used herein the term "first party" and "second party" shall include si gular and plural, heirs, legal representatives and assigns of individuals, and the successors and assigns or corporations, wherever the context so admits or requires.) WITNESSETH, that tl• consideration of the sum second party, the receipt hereby remise, release and forever, all the right, tJ the said first party has : piece or parcel of land, : of Indian River, State of E Commencing at the East I S45°09'04"W, along the Fleming N45°09'04"W, for a distance of 1 right-of-way of the Roseland Roi for a distance of 33.47 feet to the land; thence continue N11°49'08' feet; thence, N78°27'05"E, for a i distance of 103.00 feet to the poi feet (0.06 acres) more or less; TO HAVE AND TO HOLD th the appurtenances thereunto and all the estate, right, claim whatsoever of the s equity, to the only proper second party forever. said first party, for and in $1000.00 in hand paid by the said aereof is hereby acknowledged,' does zit -claim unto the said second party e, interest, claim and demand which and to the following described lot, uate, lying and being in the county rida, to -wit: mer of Section 29 of the Fleming Grant, thence, rant Line for a distance of 7,304.12 feet; Thence, 49.47 feet to a concrete monument on the East thence, N11°49'08"E, along said right-of-way line, Dint of beginning for the herein described parcel of , along said right-of-way line for a distance of 56.57 Mance of 86.36 feet; thence, 545'08'32"W, for a of beginning. Said parcel containing 2,442 square a same together with all and singular belonging or in anywise appertaining, title, interest, lien, equity and aid first party, either in law .it. use, benefit and behoof of the said IN WITNESS WHEREOF, the said first party has .signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: fitness Witne Kath �M. 'Halloran, CMC/AAE City Clark City of Sebastian, Florida Attest: STATE OF FLORIDA., COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an ofticer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgment, personally appeared Ruth Sullivan and Kathryn M. O'Halloran, Mayor and City Clerk respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. )fficial seal in the County and State day of January, 1999. ANDA 14 sA !A .. NY CDAIMISSiOy f GC 7 CC 710178 EVWS. Juno 18, 2002 BWAW 11w WArY runic Undr Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attrn y Regular City Council Meeting �1a11u�ryZ6, 2000 Page Nine 00.028 E. D0.029/ 99.112 ID 00.030 G. Mprove City Manager Attendance at NationaLLeague 9Lrejges Congressional City Conference 2000 - March 10 -13.20W (City Manager Transmittal 1121/00) MOTION by Barczyk&iajcher 'I move to approve the City Manager to attend the National League of Cities Congressional City Conference 2000, scheduled to be held in Washington, DC on March 10th through 13th to return back on March 13th' ROLL CALL: MOTION CARRIED 4-0 W. Barnes - absent Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Resolution NgR-" - Final Plat for Collier Club Phase I B (City fogjvee! Transmittal. R-00-06. Final Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COWER CLUB PHASE 1(B); PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R4)0-06 by tide. The Growth Management Director addressed City Council. MOTION by MejchedBarczyk '1 move to adopt Resolution No. R-00 Ota Steve Melchlore, Onsite Management, responded to concerns regarding clearing. ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bames - absent RoV91upton No. R-00-07 - Authorize City Manager to Apply for Highway Beautification Grant from FDOT pW Manager Transmittal 12112000. R -00-M A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO APPLY FOR A HIGHWAY BEAUTIFICATION GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE, The City Attorney read Resolution No. R-00-07 by title. The City Manager asked, on the advice of an FDOT official, that it be noted with the resolution that the City of Sebastian is currently under a memorandum of agreement with FDOT which is to be updated when and If the grant is awarded. 0 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPRO G THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB PHASE I(B); PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, On -Site Management plat for a subdivision known as Collier Club NOW THEREFORE, BE IT OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROV. Sebastian does hereby approve the final plat for date of January 13, 2000. Section 2. CONFLICT. All herewith are hereby repealed. Section 3. upon its adoption. EFFECTIVE DATE. The foregoing Resolution was The motion was seconded by vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. Mai has filed an application for approval of a final 1(B); BY THE COUNCIL OF THE CITY The City Council of the City of Club Phase I(B) bearing a final revision or parts of resolutions in conflict resolution shall take effect immediately r, Jr. by and, upon being put into a 1. The Mayor thereupon declared this of January, 2000. ATTEST: CAL�. Kathryn Id. O'Halloran, CMC/AAE ate. City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Wttorney duly passed and adopted this 26th day CITY OF SEBASTIAN, FLORIDA By: Mayor Chuck Ne0er er Page Seven Terry Hill, Public Works Director, noted all employees get an Increase after six months with e satisfactory evaluation. TAPE II - SIDE II (9:30 p.m.) MOTION by Bishop/Barnes 'I would move at this point based on the criteria that I have that we give Mr. Moore a 4.5% pay increase retro to his six month anniversary which would be 1/7/2000.' The City Attorney cited Mr. Moore's agreement language whereby Council will again evaluate Mr. Moore In six months at his one year anniversary and consider a raise and then evaluate him again one year from his first anniversary. ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - eye Mr. Matcher - nay Mayor Neuberger - nay MOTION CARRIED 3-2 (Matcher, Neuberger - nay) 00.0198 B. Resolution No. R-00-03 - Travel Policy In Accordance with Ordinance No. 0-00-01 (Finance Director. B.-00-Q;JfAvel Policy) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A TRAVEL POLICY PURSUANT TO CITY CODE SECTION 2-78 AS AMENDED. . The City Attomey read Resolution No. R-00-03 by title and noted that a scriveners error whereby reference to Section DD should read Section W. MOTION by Bam" Majcher 'I move to adopt Resolution R-00-03 establishing a travel policy." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Matcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 00.029 C. Resolution NQ, R-QQ-Q8 - Collier Club Final Plat Phase IB - Rega014 R-00-06 (Engineering Transmktal 1/27190. R-00-08. Revised Plat Page Under Sepaf9t9 Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDMSION KNOWN AS COLLIER CLUB PHASE I(B); PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The Cky Attorney read Resolution No. R400-08 by title and explained that the previously approved plat had a specific revision date, but the plat submitted for signing had a revision on the dedication page, although nothing technically had changed. Regular City Council Meeting February 9, 2000 Wage Eight MOTION by Bames/Neuberger '1 make a motion to adopt Resolution R-00-08 ROLL CALL: Mr. Bishop aye Mr. Majcher aye Mayor Neuberger aye Mr. Barczyk aye Mr. Barnes aye 00.036 D. Resplution No. R-00-09 - Plat Vacation of Portion of $Qbastlan Highlands Unit 16 (City Attorney Transmittal 2/3/00. R-00-09.19aW N90ces. Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OFA PLAT IQ40WNAS UNIT 16 SEBASTIAN HIGHLANDS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-00-09 by title. MOTION by Barnes/Majcher 61 move to adopt Resolution R-00-08' ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 E. Approve Pu[chastAgravely Mower from Ariens Company - $tat;e Contract Price - $5.196.75 (public VigrK$ Transmittal 1/10/00. State Contract Prise Llstl) The Parks Superintendent addressed Council. MOTION by Bishop/Barnes 'I would move to approve the purchase of a Gravely mower from Ariens Company at the state contract price In the amount of $5,196.75." ROLL CALL: MOTION CARRIED 5-0 Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye RESOLUTION NO. R-00-08 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB PHASE I(B); PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, On -Site Management Group has filed an application for approval of a final plat for a subdivision known as Collier Club Phase I(B); and WHEREAS, such a final plat was approved pursuant to Resolution R-00-06, but changes were required to the plat identified therein; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council of the City of Sebastian does hereby approve the final plat for Collier Club Phase I(B) prepared by David Jones and bearing a final revision date of January 27, 2000. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith, specifically including Resolution R-00-06, are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for a4option by Councilmember�. The motion was seconded by Councilmembe and, upon being put into a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councihnember Walter Barnes Councihnember Ben A Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 9th day of February, 2000. CITY OF SEBASTIAN, FLORIDA 0 ATTEST: ,first sc Kathryn . O'Halloran, CMC AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City ttomey Mayor Chuck egular City Council Meeting jPD%kbW'W20W Page Four ROLL CALL: MOTION CARRIED 4-0 Item 0 - R-00-59 Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye The Growth Management Director responded to Mr. Bishop that the plan does max out the setbacks, resulting in a need for the vacation of three feet of the rear easement MOTION by Bishop/Hill 11 move to approve consent agenda B.' ROLL CALL: Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-0 . 12. QUASI.IUDICIAI. PUBLIC HEARING Qusshludaw Homing Procedures on Beek of Agenda 00.029 A. Resolution NQ R-00-55 - Preliminary Development pjgp Approval for Phase IIA and IIB of Collier Club SubdMsion (Growth Management DiredQr Transmittal 10/9/00. R-00-55, Application, Staff Report P d ZMinutes. Location Map, Prellm#wyPlat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR PHASES IIA AND IIB OF COLLIER CLUB SUBDIVISION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:25 p.m., and the City Attomey read Resolution No. R-00-55 by title. There was no ex -parte communication to disclose. The City Clerk swore In all those who intended to offer testimony. Chuck Mechling, Onsite Management, presented the Phase IIA and IIB preliminary development plans, and responded to questions from City Council. The Growth Management Director discussed the increase In the size of the lots and setback standards, which will reduce density in Phases IIA and IIB; and recommended approval with the conditions as stated in the resolution. There was no public Input Mayor Barnes closed the hearing at 7:32 p.m. and called for a motion. 0 4 �egular City Council Meeting dober25,2000 Page Five MOTION by BishoplMajcher 11 would move to approve Resolution No. R-00-55.' ROLL CALL: Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - eye Mr. Bishop - aye MOTION CARRIED 4-0 00.197 B. Resolution No. R-00-56 - $pgpal Use Permit for Chestnut 512 Calwasb (Grnwt(T-Mgnagerrent Transmittid 1CV9tt)0, R-00-56. Application. Stall Regdut P 4 Z Minutes, Location Map, Site Plan Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512 CARWASH LOCATED ALONG C.R. 512 EAST OF BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:33 p.m., and the City Attorney read Resolution No. R-00-58 by title. Mr. Htil said he spoke to Mr. Chestnut briefly. The City Clerk swore in all those who Intended to offer testimony. . for Attorney Warren Dill, representing the applicants, addressed City Council on a request a special use permit for Chestnut Carwash and Introduced Ken Chestnut, Brian Jenkins, Randy Mosby, and Chuck Emory. Mr. Dill submitted, for the record, and described Exhibits 1, 2, and 3; five photos labeled 1-5 depicting existing uses on CR512 and described them (see copies attached). A rendering depicting proposed landscaping along the CR512 corridor was exhibited. TAPE I • SIDE 11(7:51 p.m.) Mr. Dill continued his presentation and presented, for the record, photos labeled 6.9 depicting the rear of other car washes; and a paper entitled 'Conditions of Approval' (see copies attached). Randy Mosby, Mosby and Associates, described his background and experience In projects within the City and County; said the project Is not detrimental to the health, safety or welfare of the community and is consistent with the ordinances of the City; and noted that all required permits have been received. He described the enhanced landscape and architectural design. Chuck Emory, representing all parties In the real estate transaction on the property, said he believed the project will enhance property values In the area. The Growth Management Director discussed the building's revised architectural and landscape designs, which exceed minimum standards; and noted that City Council must find on two issues: 1) Is the granting of the special use permit detrimental to the public safety, health or welfare or Injurious to other properties or improvements within the Immediate vicinity In which the property is located?; and 2) Is the use requested consistent with the purpose and Intent of the respective . 5 A RESOLUTION OF THE CITY OF THE PRELIIVIINARY DEVELOPME OF COLLIER CLUB SUBDIVISIC HEREWITH; PROVIDING FOR EFF WHEREAS, On -Site Management application for approval of a Preliminary Collier Club Subdivision; and WHEREAS, on October 5, 2000, the approval of said Preliminary Development Plan NOW THEREFORE, BE IT OF SEBASTIAN, as follows: Section 1. PLAN APPROVAL. does hereby approve the Preliminary Subdivision as maintained on file with the City following four special conditions: 1. The applicant shall submit the approval prior to initiating con 2. Applicant shall submit copies c prior to construction approval; EBASTIAN, FLORIDA, APPROVING r PLAN FOR PHASES 11A AND 11B PROVIDING FOR CONFLICTS ^TIVE DATE. , Inc., a Florida corporation, has filed an Plan approval for Phases IIA and IIB of and Zoning Commission recommended four special conditions; BY THE COUNCIL OF THE CITY The City Council of the City of Sebastian Plan for Phases IIA and IIB of Collier Club Management Department, subject to the drawings to the City Engineer for from St. Johns, DEP and Fish & Wildlife 3. Applicant shall submit constructio South Wimbrow Drive. Said acce: not for access to the subdivision. 4. Applicant shall submit for final de, months from the date hereof. Section 2. CONFLICT. All herewith, are hereby repealed. Section 3. upon its adoption. EFFECTIVE DATE. The foregoing Resolution was moved for The motion was seconded by Councilmember vote, the vote was as follows: Mayor Walter Barnes Vice -Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. N i details for the required emergency access via s shall be used for emergency access only and plan approval within eighteen (18) or parts of resolutions in conflict This resolution shall take effect immediately by Councilmember B; SMe p and, upon being put into a o.n e ave v abs�n a.. Jr. 4 tc e The Mayor thereupon declared this of October, 2000. ATTEST: /J Sally A. h4o, , CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: /Z I Rich Stringer, City Att Riey duly passed and adopted this 25th day CITY OF SEBASTIAN, FLORIDA By: W o ' �M LAK -►.P Mayor Walter Barnes Regular Cky Council Meeting 3an<+=1!tkwa— Page Five 02.012 D. Approve Special Event at Riverview Park for Downs Connection on Saturday, October 19, 2002 (Parks Transmittal 1/18/02) 02.013 E. Resolution No. R-02-03 Final Plat for Phase IIA of Collier Club PUD Subdivision (GMD Transmittal 1/16/02, R-02-03, Application and Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR SUBDIVISION KNOWN AS COLLIER CLUB PHASE 11A; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. MOTION by Barczyk/Majcher 61 move to approve the consent agenda from A to E.' ROLL CALL: Mr. Hill - absent Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 4-0 12. PUBLIC HEARING AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATION TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATION TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read Ordinance No. 0-02-01 by title, briefly described the moratorium and the Mayor opened the public hearing at 7:37 p.m. and, being no input, the hearing was closed. MOTION by Barczyk/Majcher 'Move to adopt Ordinance No. 0-02-01." ROLL CALL: Mr. Coniglio - aye Mayor Bames - aye Mr. Barczyk - aye Mr. Majoher - aye Mr. Hill - absent MOTION CARRIED 4-0 RESOLUTION NO. R-02-03 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB PHASE HA; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Collier Club, Inc., has filed an application for approval of a final plat for a subdivision known as Collier Club Phase IIA; and WHEREAS, said final plat complies with applicable State and City codes and regulations; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Seca2n 1. FINAL PLAT APPROVAL. The City Council of the City of Sebastian does hereby approve the final plat for Collier Club Phase IIA prepared by David M. Jones dated January 17, 2002, as maintained on file with the City Growth Management Department. Section 2. are hereby repealed. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith EFFECTIVE DATE. immediately upon its adoption. This resolution shall take effect The foregoing Resolution was moved for adoption by Councilmember Barczyk The motion was seconded by Councilmember Maj cher and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes aye Councilmember Joe Barczyk Bye Councilmember James Hill a sent Councilmember Edward J. Majcher, Jr. aye Councilmember Ray Coniglio aye The Mayor thereupon declared this Resolution duly passed and adopted this 23'd day of January, 2002. ATTEST: y A. aio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: �z 5� Rich Stringer, City Atto& CITY OF SEBASTIAN, FLORIDA By: h/Gmo %i(`'4r l Mayor Walter Barnes Regular City Council Meeting AAe"-275'2ea2. Page Four Mr. Barczyk asked about warnings being given out for watering violations, and the Chief responded that road officers may be giving them because they are not quite certain about the process. 02.061 B. Update Relative to Drainage Issues in Areas Adjacent to Coll1er Club Development The Growth Management Director reported to City Council on proposed drainage improvements within Collier Club and on a city tract designated for drainage to correct problems for properties adjacent to the development, Henry Dolan, Ponoka Street, appealed to Council to support the means for staff to solve this problem, and cited an increase of thirteen inches to water levels in the area. Mayor Barnes called recess at 8:35 p.m. and reconvened the meeting at 8:45p.m. All members present at roll call were present when the meeting was reconvened. �• - - • • • • • s• •c :• - W", 271 C • • ••_ The Building Official presented the new unified Florida Building Codes which will have to be adopted by reference. (See handout attached) Mayor Bames inquired about the possibility of reduction of the setback for secondary front yards. The Growth Management Director said the reason for consistence of setbacks is aesthetics, not visibility. Todd Brogano, Ameron Homes, urged reduction of the setback. Council agreed with putting it on the April 24"agenda for more statistics. CITY CLERK MATTERS - None None.