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HomeMy WebLinkAbout06112003 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 11, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit often minutes per speaker (R-03-14) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION/MOMENT OF SILENCE 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 03.122 A. Presentation to Director of Finance, Mark Mason 03.123 B. 1 03.124 C. 3-7 Proclamation - National Small Cities and Towns Day - June 20, 2003 American Cancer Society Relay for Life City Team Recognitions 9-12 13-27 03.125 29-31 03.126 33-35 03.025 37-49 03.128 51-57 03.129 59-62 CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussionof 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 Special City Council Meeting Minutes - 5~28~03 B. Approval of Regular City Council Meeting Minutes - 5/28/03 Amend City Manager and City Attorney Employment Agreements Relative to Vacation and Sick Accrual and 30 Day Termination Requirement (City Attorney Transmittal 6/5/03, Contract Amendments) Authorize City Manager to Execute Agreement Between City of Sebastian and John H. Dean Architects, P.A. for Renovation of First Floor of City Hall - Not to Exceed $21,000 (City Manager Transmittal, Agreement) Resolution No. R-03-26 - Authorizing City Manager to Apply for EPA 319 Grant from FDEP (City Manager/Engineering Transmittal, R-03-26, Project Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CiTY MANAGER TO APPLY FOR TWO ENVIRONMENTAL PROTECTION AGENCY 319 GRANTS FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-03-27 - Final Plat for Collier Creek Estates Phase V (Growth Management Transmittal 6/4/03, Application, Final Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOW AS COLLIER CREEK ESTATES PHASE V; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Fourth of July Activities - Close Yacht Club Parking Lot and Boat Ramp from 7/3/03 Noon Until 7/4/03 Midnight - close Indian River Drive from South City Limit North to Davis Street, Davis Street from North Central East to Indian River Drive, and North Central Avenue from Davis Street North to Jackson Street on 7/4/03 from 6 am to 10:30 a.m. and Sebastian Boulevard from Hess to Indian River Drive for the duration of the festival (Public Works Transmittal 6/4/03, ACS Letter re: 5K, Lions Club Letter, Insurance) 03.106 63-72 03.118 8. COMMITTEE REPORTS/RECOMMENDATIONS 9. PUBLIC HEARING Procedures for public hearings: (R-03-14) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution · Staff Presentation · Public Input - Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Hea#ng · Council Action · Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State · His or Her Name for the Record Adoption and Public Hearinq Ordinance No. O-03-08 Amendinq City Code Chapter 30, Article II Licensinq Sections 30-50 and 30-31 Re.qardin.q Fee Schedules - Schedule Public Hearinq for June 11, 2003 (Finance Transmittal 6/4/03, 0-03-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 30 ARTICLE II LICENSING, SECTIONS 30-50 AND 30-51; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 5/14/03, Ad 5/26/03) Second Readinq and Public Hearinq for Ordinance No. O-03-11 - Annexation of 73-84 03.116 85-104 03.117 105-119 Do 7.1 Acres - CR 510 and CR 512 (GMD Transmittal 6/3/03, O-03-11, Ad, Letter of Request, Map, Survey, Chapter 171.044 FS) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 7.1 ACRES, MORE OR LESS, SITUATED ALONG SOUTHEAST QUADRANT OF THE INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 5/28/03, Ad 5/30/03 & 5/6/03) a. Presentation by Police Chief- Law Enforcement Issues at CR512/CR510 Second Readinq and Public Hearinq for Ordinance No. O-03-09 - Comprehensive Land Use Plan Amendment - 7.1 Acres - CR 510 and CR 517 (GMD Transmittal 6/3/03, O-03-09, Ad, Map, Application, Staff Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAL INDUSTRIAL (C/I) AND LOW DENSITY RESIDENTIAL (L-l) FOR LAND CONSISTING OF 7.1 ACRES, MORE OR LESS, SITUATED ALONG SOUTHEAST QUADRANT OF THE INTERSECTION OF CR 510 AND CR 512; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (1~ Reading 5/28/03, Ad 5/30/03 & 6/6/03) Second Readinq and Public Hearinq for Ordinance No. O-03-10 - Rezonin.q Amendment - 7.1 Acres - CR 510 and CR 512 (GMD Transmittal 6/3/03, O-03- 10, Ad, Map, Application1 Staff Report) THIS ITEM IS QUASI-JUDICIAl AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION OF GENERAL COMMERCIAL (GC) AND AGRICULTURAL (A-l) FOR LAND CONSISTING OF 7.1 ACRES, MORE OR LESS, SITUATED ALONG SOUTHEAST QUADRANT OF THE INTERSECTION OF CR 510 AND CR512; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1~ Reading 5/28/03, Ad 5/30/03 & 5/6/03) 10. 11. 03.007 12. 03.130 121-124 03.131 125-132 03.041 133-135 03.132 137-141 13. 14. 03.025 16. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker OLD BUSINESS ko Formal Direction Regarding Twin Pier Project at Riverview Park Pursuant to Discussion at 6 pm Workshop NEW BUSINESS Authorize City Manager to Enter Into Contract with Patterson-Bach for Economic Development Marketing Services for the City of Sebastian and Appropriate $50,000 (City Manager Transmittal 6/3/03, Evaluation Ranking) Resolution No. R-03-25 - Revised Growth Management Permit Review/ Application Fees (Growth Management Director Transmittal 6/3/03, R-03- 25, R-01-50 and Current Fee Schedule) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING VARIOUS GROWTH MANAGEMENT PERMIT REVIEW FEES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading of Ordinance No. O-03-12 - Granting Exclusive Franchise for Residential and Commercial Solid Waste Collection to Waste Management, Inc. - Set Second Reading and Public Hearing for 6/25/03 (City Attorney Transmittal 6/11/03, O-03-12 [Franchise Agreement Forthcoming]) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. Consider Request by Sebastian Property Owners to Publish City Council Agendas in Newspaper (SPOA Letter, Clerk Letter, 7/24/02 Transmittal & Minutes) CITY ATTORNEY MATTERS CITY MANAGER MATTERS Update on CDM Contract Amendment and Stormwater Capital Improvement Program Scheduled for June 25, 2003 Regular City Council Meeting Agenda CITY CLERK MA'I-FERS 17. CITY COUNCIL MATTERS A. Mayor Barnes 03.013 143-150 Appointment to MPO Bikepath Advisory Committee (City Clerk Transmittal, '96 Minutes, MPO Liaison List, BAC by-laws, Wetherald Information) B. Mr. Coniglio C. Mr. Barczyk D. Mr. Hill E. Mr. McCollum 18. ADJ O URN (All meetings shall adjoum at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MA TTER CONSIDERED A T THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetings: June 25, 2003 - 7:00 p.m. - Regular Council · July 9, 2003 - 6:00 p.m. - Council Workshop - Riverview Park/Riverfront Functiions July 9, 2003 - 7:00 p.m. - Regular Council July 23, 2003 - 7:00 p.m. - Regular Council August 13, 2003 - 7:00 p.m. - Regular Council August 20, 2003 - 6:00 p.m. - Council Budget Workshop August 27, 2003 - 7:00 p.m. - Regular Council September 10, 2003 - 7:00 p.m. -1~ Public Hearing on City Budget & Regular Council September 24, 2003 - 7:00 p.m. - Final Public Hearing onCity Budget & Regular Council October 8, 2003 - 7:00 p.m. - Regular Council October 22, 2003 - 7:00 p.m. - Regular Council November 12, 2003 - 7:00 p.m. - Regular Council December 10, 2003 - 7:00 p.m. - Regular Council Procedures for Quasi-Judicial Hearing · Mayor opens hea#ng · City Council members disclose ex-parte communication · Applicant or agent makes presentation in favor of request following swearing in by City Clerk · Staffpresents findings and analysis following swearing in by City Clerk · Council asks question of the applicant and staff · Mayor opens the floor for anyone in favor of the request (anyone presenting factual · information shall be sworn but anyone merely advocating approval need not be sworn in) · Mayor opens the floor for anyone opposing request · Applicant provided opportunity to respond to issues raised by staff or public · Staffprovided opportunity to summarize request · City Council deliberation and questions · Mayor calls for a motion · City Council action 5 HOME OF PELICAN ISLAND Friday, June 20, 2003 WHEREAS, small cities and towns under 50,000 population constitute the vast majority of munic!palities across the United States; and WHEREAS, small cities and towns provide opportunities which allow millions of people across American to lead better lives; and WHEREAS, small cities and towns invest in their communities through the provision of services and programs which improve the quality of life for ali citizens; and WHEREAS, the federal government is a partner in investing in small cities and towns, and must be encouraged to continue to support programs and legislation to strengthen communities; and WHEREAS, state governments are partners in investing in small cities and towns, and must also be encouraged to continue to support programs and legislation to strengthen communities; and WHEREAS, organizations, businesses, and citizens are partners in investing in small cities and towns, and must be encouraged to continue to support efforts that make their communities better places in which to live; and WHEREAS, during these challenging economic times, the need for a renewal intergovernmental partnership to support essential public services is more important than ever; and WHEREAS, the Board of Directors and the Small Cities Council of the National League of Cities have declared June 20, 2003, as National Small Cities and Towns Day; and WHEREAS, the Small Cities Council of the National League of Cities has challenged all cities, towns, and villages across America to proclaim June 20, 2003, as National Small Cities and Towns Day, and to conduct activities - such as news conferences, public service announcements, and events in local schools and community centers - on that day which highlight the different ways .in which the federal government, state governments, organizations, businesses, and citizens partner with small cities and towns to invest in their communities and better the lives of all citizens. NOW THEREFORE, the City Council of Sebastian does hereby proclaim Friday, June 20, 2003, as National Small Cities and Towns Day, and encourages President Bush, Congress, state governments, organizations, businesses, and all citizens to recognize this event, and to work together on this day and throughout the year to invest in small cities and towns to better the lives of all citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this llth day of June 2003. - ~Val~er W. Barnes, Mayor c'Mc City Clerk FLORIDA FOR LIFE~o c- O CITY OF ttOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING WEDNESDAY, MAY 28, 2003 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA PURPOSE: CALLED BY THE MAYOR TO CONDUCT A HEARING ON A DECLARATION OF DEFAULT IN THE PERFORMANCE OF THE SOLID WASTE FRANCHISE BY R & R CORPORATE SYSTEMS, INC. D/B/A CAPITAL SANITATION PURSUANT TO PARAGRAPH 8.12 OF THE FRANCHISE AGREEMENT. 1. Mayor Barnes opened the Special Meeting at 6:00 p.m. 2. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Finance Director, Mark Mason Deputy City Clerk, Jeanette Williams Chief of Police, James Davis Human Resources Director, Jim Sexton Finance Director, Mark Mason Public Works Director, Terry Hill General Services Director, Paul Wagner Special City Council Meeting May 28, 2003 Page Two HEARING ON DECLARATION OF DEFAULT Mayor Barnes explained the purpose of the meeting and the City Attorney advised as to the nature of a hearing required by franchise agreement. He then announced the issues listed in the declaration of default items: "The grounds alleged for default are as follows: 1. Failure to maintain equipment in acceptable condition; 2. Failure to operate in accordance with applicable laws; and 3. Failure to maintain required insurance and provide adequate proof of the same. ' The City Manager then stated there have been declaration of default hearings in the past; briefly reviewed each individual item, explaining why he felt the issues were serious enough to require the declaration of default. The City Attorney distributed a request by Dean F. Mosely, Esquire, to postpone this item (see request attached). It was noted that the hearing is required to be held within seven days of the declaration of default and that, even if Capital only informed their attorney of the hearing Tuesday night, their officers discussed the matter with City staff on Friday afternoon. No motion to postpone the hearing was made. The Police Chief distributed three separate police reports, outlining the condition of the equipment being utilized by Capital Sanitation, an incident of a vehicle and residential property damage resulting from a failure of that equipment, repeated arrests of the garbage truck driver due to suspended license and outstanding warrants, including the driver misrepresenting his identity on two occasions. The Chief further described FDOT deadlining the truck and ordering it towed following an inspection after the third incident. (see Police reports and FDOT report attached) The City Manager said from a professional standpoint, he felt duty-bound to bring these issues to the City Council, despite the short time left in the franchise agreement. Ms. Jess, owner of the vehicle damaged, said Capital's Jack of concern for the people who were caused damage should be enough to merit termination, and described what she had to go through to even find out if she would be covered for her damages. City Council discussion followed relative to liability if they do not take action now in light of receiving this information. Mayor Barnes offered an opportunity for public input, however, no one from the public requested to speak. The City Attorney went on to explain that Capital presented the City with insurance certificates as proof of coverage, but according to the insurance company the policies only cover their janitorial services, not the garbage collection business. Special 'City Council Meeting May 28, 2003 Page Three The City Attorney advised that Capital Sanitation representatives be offered an opportunity to speak to the declarations of default. Ron Rigby, R & R Corporate Systems, Inc. d/b/a Capital Sanitation, said his attorney was unable to be in attendance, but that he was prepared to respond to questions from Council if submitted in writing. He said he is carrying general liability insurance and has carried it for the last eight years, said he should have been notified that he did not have proper insurance if that was the case, and has not had an opportunity to talk to his agent. Mr. Rigby said he did not find the police reports quite accurate, and asked that the issues be submitted to him in writing and he will respond to City Council within five days. He stated that he had not been provided copies of the police reports, nor has he received a claim on the damaged property. Chief Davis said the violator does not receive a copy of the report unless it is requested. Mr. Rigby said he did not request a copy of the police report, but was aware of the incidents. Mayor Barnes said Council has heard from Mr. Rigby that corrections will be made in the past, that Capital has been before Council at least three times, and asked Mr. Rigby why Council should believe them now. Mr. Rigby said that there are minor equipment issues to be corrected. He again recommended that since he is not prepared to address the issue, all the information be forwarded to him. It was discussed that it was agreed with Capital and their surety after the last default declaration that daily vehicle inspections were to be conducted but Capital had not brought vehicles in to be inspected in about one year. Mr. McCollum said bald tires on heavy equipment are not hard to detect, that he had always had good service from Capital, but said the vehicles are not safe and cannot be allowed on the road at this time. He questioned whether an insurance policy would even cover damages when an unlicensed driver is involved. Upon inquiry, the City Manager and City Attorney explained the actions required to procure and pay for alternative solid waste collection, and arrangements being made to protect the citizens the effects. The City Attorney clarified that there is no provision to suspend the franchisee's service, only to terminate or continue with the company. Special City Council Meeting May 28, 2003 Page Four MOTION by Hill/Coniglio "1 would move to find R and R in default, R & R, d/b/a as Capital Sanitation in default of their contract with the City of Sebastian and direct staff to initiate emergency arrangements with another waste pickup company." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 4. Being no further business, Mayor Barnes adjourned the Special Meeting at 7:02 p.m. Approved at the Regular Council Meeting. ATTEST: Walter W. Barnes Mayor Sally A. Maio, CMC City Clerk 4 2. 3. 3. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 28, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:10 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski City Engineer, David Fisher Finance Director, Mark Mason Golf Course Director, Greg Gardner Growth Management Director, Tracy Hass Police Chief, James Davis Public Works Director, Terry Hill Stormwater Engineer, Ken Jones General Services Director, Paul Wagner Police Lieutenant, Greg Witt Regular City Council Meeting May 28, 2003 Page Two 03.108 03.061 o AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) It was the consensus of Council to add further direction to the City Manager relative to waste collection under Proclamations/Announcements item C. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS A. Proclamation for Code Enforcement Officers' Appreciation Week Mayor Barnes read and presented the proclamation to City Code Enforcement Officers, Warren Lindquist and Antoine Van Meir. Department of En.qineerin.q Presentation Regarding Partnerships with St. Johns River Water Manaqement District (no backup) The City Engineer reported the following: St. Johns River Water Management District (SJRWMD) endorsement of the master plan should be received by end of summer, and further discussed conversion to Miami curbs, wet detention facilities, capital improvement plan scheduled for approval on June 11th, and the fact that the City is in good stead with SJRWMD. Eric Groetke, CDM, the City's stormwater consultants, reiterated the City Engineer's presentation, discussed funding opportunities, said that two EPA 319 grants are being pursued and will come back for Council approval, that a SJRWMD grant was submitted today for seawall replacement and dredging in the north area, and cited that canal repair will offset concerns with the Miami curb system which would require filling in swale areas. The City Manager said he will be coming back to Council for amendments to the Capital Improvements plan and authorization for the 319 grants. The City Attorney stated SJRWMD said after the Stonecrop grant the city would not be eligible for further funding, however, they now say that Sebastian is one of the most forward thinking in terms of stormwater issues. City staff and stormwater consultants were commended for their work. C. Direction to City Manager Re: Waste Collection (added to agenda) The City Manager recommended authorization to work with Waste Management for residents who have paid for waste collection service until June 30th. He advised that Waste Management was contacted after the 6 pm meeting and can have two trucks on the road tomorrow. The Finance Director advised that Waste Management should submit a bill and staff include the costs in the 3rd quarter budget amendment. ~2 Regular City Council Meeting May 28, 2003 Page Three 1-14 03.109 15-20 03.110 21-24 03.111 25-26 03.112 27-30 03.113 31-34 The City Manager noted that the cost will be approximately $40,000 and Mr. McCollum said he wanted to be assured that all costs incurred by the City are recouped. MOTION by Coniglio/Hill "1 make a motion to follow Mr. Moore's recommendation." ROLL CALL: Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 Mayor Barnes advised residents to put their garbage out tomorrow if they are currently under contract and it will be collected. Other avenues for notifying the public were discussed. CONSENT AGENDA All items on the consent agenda are considered 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 Regular Meeting Minutes - 5/14/03 Appropriate $466.00 and Approve Travel for all City Council Members to Attend 77thAnnual Florida League of Cities Conference in Lake Buena Vista in August (City Clerk Transmittal 5/19/03, Info) Approve City Manager Travel to Attend Florida City and County Management Association Meetings as Outlined in the 2003/2004 Program Year (City Manager Transmittal 5/20/03, Schedule) Authorize Payment to FECR in the Amount of $46,749.36 for Barber Street Crossing Rebuild and Appropriate $16,064 for the Same (Finance Transmittal 5/19/03, Invoice) Eo Waive Competitive Bid Process and Authorize New Lease Agreement with Club Car, That Will Replace Existing 86 Golf Car Fleet with Same Rate, Payment Schedule and Leasing Verbiage (Golf Course Transmittal 5/21/03, Letter, Lease) Fo Approve Change Order #1 to Contract with Ali-Rite Paving Contractors, Inc. Entitled Runway 9-27 Obstruction Clearing, for Removal of Additional Vegetation And Construction of Additional Cart Path for $14,183.75 (Airport Transmittal 5/21/03, Exhibit A & B) Regular Ci~ Council Meeting May 28,2003 Page Four 03.114 G. 35-36 Approve Christian Flea Market at Riverview Park on Saturday, June 21, 2003 From 7:00 a.m. until 4:00 p.m. with a Rain Date of June 28, 2003 (Public Works Transmittal 5/21/03) Mr. Coniglio pulled items D and E for discussion. Mayor Barnes pulled item G. MOTION by McCollum/Hill '1 move approval of A, B, C, and F." ROLL CALL: Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Roll Call carried 5-0 Item D - Barber Street Railroad Crossing - Payment to FECRR Mr. Coniglio expressed concern on behalf of some residents who had problems with large costs such as this put on consent without staff explanation, noting however that certain purchases are required. MOTION by Coniglio/Hill "With that in mind, I move to approve item D on the consent agenda." ROLL CALL: Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 5-0 Regular City Council Meeting May 28, 2003 Page Five Item 15 - Club Car Lease Aqreement In response to Mr. Coniglio, the Golf Course Director clarified the company would not draw up a new lease until Council approval was given. MOTION by Coniglio/McCollum "1 move that we approve item 15 on the consent agenda." ROLL CALL: Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 Item G - Christian Flea Market - Riverview Park Mayor Barnes asked if the City wants to use its park for flea markets and perhaps a few issues be reviewed relative to Riverview Park. The City Manager clarified that the permittee is a Sebastian resident, and that this is a fundraising benefit with sales of crafts. Mayor Barnes said perhaps they could call it something else other than a flea market. Mr. Coniglio said he agreed with reviewing certain provisions relative to size of the events. The City Attorney said fundraisers have to be examined specific to what the benefit is. MOTION by Coniglio/Barnes "1 would move that we allow this particular activity and certainly have some either public input or some type of meeting where we discuss what we would really like to see happen." ROLL CALL: Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 5 Regular City Council Meeting May 28, 2003 Page Six 8. COMMITTEE REPORTS/RECOMMENDATIONS 03.098 37-38 Temporary Parks and Recreation Advisory Committee I. Presentation of Proiected Five Year Plan Bill Ingui, Chairman of the Temporary Parks and Recreation reported on behalf of the committee relative to recent workshops conducted relating to ten different City parks. (See recommendation attached to these minutes) TAPE I - SIDE II (8:10 p.m.) Mr. Ingui continued his presentation. In keeping with the committee's recommendation, Mayor Barnes suggested that a liaison be selected from the Police Department and the City Manager said this could be done. Mr. Ingui asked that plans for large planned park areas be made available to the committee for review. He said Ralph Brown, SJRWMD has been invited to speak at the committee's next meeting. Mr. Ingui and the committee were commended for a fine job on its report. The City Attorney said the Roseland Neighborhood plan calls for the implementation of improvements to the conservation property behind City Hall. 03.038 39-62 Planninq and Zonin.q Commission I. Interview Unless Waived, Appoint One Regular Member Position (City Clerk Transmittal 5/22/03, Applications, Ad, Board Member List) Mayor Barnes noted that when an incumbent reapplies and is eligible for reappointment, it is probable that the incumbent will be reappointed to the position, therefore, the City Clerk letters of invitation to applicants for interview will advise other applicants of this. City Council interviewed Richard Smith, the only applicant in attendance. MOTION by Hill/Coniglio "1 move to reappoint Richard Smith to the regular member position to expire 6/2006." ROLL CALL: Roll Call carried 5-0 Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Regular Ci~ Council Meeting May 28,2003 Page Seven Mayor Barnes called recess at 8:30 p.m. and reconvened the meeting at 8:40 p.m. All members were presented. 9. PUBLIC HEARING 03.115 63-82 Public Hearinq and Adoption Hearinq Ordinance No. 0-02-20 Ordinance Amendinq The Comprehensive Plan Capital Improvements Element (0-02-20, Element, PJ Ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-02-20 by title. The City Manager briefly described this amendment to include more capital improvements to the element. Mayor Barnes opened the public hearing at 8:41 p.m., however, being no public input, he closed the hearing. MOTION by Barczyk/Conigli "1 move to adopt Ordinance No. O-02-20." ROLL CALL: Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Roll Call carried 5-0 03.028 83-1 oo Bo Public Hearinq and Adoption Hearing Ordinance No. O-03-05 Land Use Amendment for a .75 Acre Parcel of Land Recently Annexed by Dr. Hadi Shaloub (GMD Transmittal 5/19/03, 0-03-05, Map, Application, Staff Report, PJ Ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS M-1 FOR LAND CONSISTING OF .75 ACRES, MORE OR LESS, LOCATED ALONG U.S. HIGHWAY ONE AT CITY'S NORTHERN LIMITS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:43 p.m. and the City Attorney read Ordinance No. 0-03-05 by title. Being no public input, he closed the hearing. 7 Regular City Council Meeting May 28, 2003 Page Eight MOTION by Barczyk/Coniglio "1 move to adopt Ordinance No. 0-03-05." ROLL CALL: Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 5-0 03.028 101-116 10. Public Hearinq and Adoption Hearinq Ordinance No. O-03-06 Rezoninq Request for a .75 Acre Parcel of Land Recently Annexed by Dr. Hadi Shaloub (GMD Transmittal 5/19/03, O-03-06, Map, Application, Staff Report) - This is quasi-judicial AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME - EIGHT (RMH-8) FOR LAND CONSISTING OF 0.75 ACRES, MORE OR LESS, LOCATED ALONG U.S. HIGHWAY ONE AT CITY'S NORTHERN LIMITS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:45 p.m. and the City Attorney read Ordinance No. 0-03-05 by title. There was no ex-parte communication to be disclosed. The City Clerk swore in the Growth Management Director and he gave a brief presentation and recommended adoption. Being no further public input, Mayor Barnes closed the hearing. MOTION by Hill/Coniglio "1 move to adopt Ordinance No. O-03-06." ROLL CALL: Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker Robin Graves inquired about acreage for the dog park and whether a five acre tract will be considered. The City Manager and City Attorney said a smaller tract might be considered but probably not a tract as large as five acres. Ms. Graves said she could bring this to the county if the city is not inclined to provide a larger tract. 8 Regular City Council Meeting May 28, 2003 Page Nine 03.116 117-136 Al Davis discussed the Christian Flea Market and cited a news stow about violence at a flea market. He said he would like to be part of discussions about future uses of Riverview Park. Mortimer Smedley, Barber Street, discussed noise from vehicles traveling along Barber Street. He said he had provided a letter and ordinance from Satellite Beach regarding nuisance from noise to City Council, City Manager and City Attorney. 11. OLD BUSINESS - None 12. NEW BUSINESS First Readinq Ordinance No. 0-03-09 Land Use Amendment for 7.1 Acres of Land Situated AIonq the Southeast Quadrant of the Intersection of County Roads 510 & 512, Schedule Public Hearing for 6/11/03 (GMD Transmittal 5/19/03, 0-03-09, Map, Application, Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAL INDUSTRIAL (C/I) AND LOW DENSITY RESIDENTIAL (L-l) FOR LAND CONSISTING OF 7.1 ACRES, MORE OR LESS, SITUATED ALONG SOUTHEAST QUADRANT OF THE INTERSECTION OF CR 510 AND CR 512; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. O-03-09 by title and corrected a scrivener's error in the acreage to read "7.1 acres more or less", and noted it will be corrected for the public hearing. The City Manager asked that this and the next two items be presented together at this time, and gave a brief presentation. The Growth Management Director briefly described the property, intended use and recommended approval. Mr. McCollum expressed concern due to the fact that there seems to be inherent law enforcement problems at the corner of CR510 and CR512, which he said would be a detriment to enforcement of current commercial owners and residents in Sebastian now that there is finally good enforcement in place for them. He said he would not have a problem with A and B but would object to item C annexation. The City Attorney said the annexation would be placed first on the final hearing agenda. Mr. McCoilum said this would tie into the budget relative to the need for new officers. Lieutenant Witt responded that problems at Sharkmart occur after hours and there have been break-ins. He said the City does assist when requested. The Growth Management Director said for the record, the property owners did express that one of the reasons for wanting to annex is due to public safety and respon~;e times by County. Regular City Council Meeting May 28, 2003 Page Ten Mr. Coniglio recommended a presentation by the Police Chief prior to final approval on 6/11/03. The Growth Management Director stated, for the record, another reason for the applicant wanted to annex was to obtain a commercial general zoning designation. MOTION by Hill/Coniglio "Move to pass Ordinance O-03-09 on first reading, and schedule a second reading and public hearing on June 11, 2003." ROLL CALL: Mr. Coniglio - aye Mr. Barczyk - nay Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 4-1 03.117 137-154 Bo First Readinq Ordinance No. O-03-10 Rezoninq Request for a 7.1 Acres of Land Situated Alon.q the Southeast Quadrant of the Intersection of County Roads 510 & 512, Schedule Public Hearinq for 6/11/03 (GMD Transmittal 5/19/03, O-03-101 Map, Application, Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 7.1 ACRES, MORE OR LESS, SITUATED ALONG SOUTHEAST QUADRANT OF THE INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-03-10 by title and described a scrivener's error change to "general commercial" and acreage to 7.1 at second reading. MOTION by Hill/Coniglio "Move to pass Ordinance O-03-10 on first reading, and schedule a second reading and public hearing on June 11, 2003." ROLL CALL: Roll Call carried 4-1 Mr. Barczyk - nay Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye 10 Regular City Council Meeting May 28, 2003 Page Eleven 03.118 C. 155-168 First Readinq Ordinance No. O-03-11, Petition for Voluntary Annexation by Paradise Partners, Inc. for a 7.1 Acres of Land Situated Alonq the Southeast Quadrant of the Intersection of County Roads 501 & 512, Schedule Public Hearing for 6/11/03 (GMD Transmittal 5/19/03, O-03-11, Letter, Map, Survey, FS171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS COMMERCIAL GENERAL (CG) AND AGRICULTURAL (A-l) FOR LAND CONSISTING OF 7.1 ACRES, MORE OR LESS, SITUATED ALONG SOUTHEAST QUADRANT OF THE INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-03-11 by title. MOTION by Hill/Coniglio "1 move to pass Ordinance O-03-11 on first reading, and schedule a second reading and public hearing on June 11, 2003." ROLL CALL: Roll Call carried 3-2 Mr. Hill - aye Mr. McCollum - nay Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - nay 03.119 169-182 Resolution No. R-03-23 Establishinq Financial Policies (Finance Transmittal 5/21/03, R-03-23, Attachment 1, GFOA Recommendation) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ESTABLISHING FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN ATTACHMENT 1; PROVIDING FOR ANNUAL READOPTION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-03-23 by title. The Finance Director gave a brief presentation on the need for written policies and recommended approval. TAPE II - SIDE I (9:23 p.m.) The Finance Director was commended for the fine job he has done in this regard and overall for the City of Sebastian. 11 Regular City Council Meeting May 28, 2003 Page Twelve MOTION by Coniglio/Barczyk "1 move to adopt Resolution No. R-03-23." Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk ~ aye Mr. Hill - aye Roll Call carried 5-0 03.120 183-210 Resolution No. R-03-24 Treasure Coast Council of Local Governments (City Attorney Transmittal 5/21/03, R-03-24, Joint Resolution, Articles of Incorporation, By-Laws) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR, CITY CLERK AND CITY ATTORNEY TO SIGN, ON BEHALF OF THE CITY, A JOINT RESOLUTION, ALONG WITH THIRTEEN OTHER GOVERNMENTAL UNITS, PROVIDING FOR THE ADOPTION OF ARTICLES OF INCORPORATION FOR THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-03-24 by title. Mayor Barnes noted a correction that needed to be made in the joint resolution. It was noted and will be brought to the attention of Treasure Coast Council of Local Governments prior to their adopting it. MOTION by Coniglio/Hill "1 move to adopt Resolution No. R-03-24." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 03.121 F. 211-212 Authorize the Appropriation of Funds and Award Contract for Construction of Barber Street Satellite Parkinq to Dickerson Florida, Inc. in the Amount of :$134,133.00 (Engineering Transmittal 5/21/03, Bid Tab, Plan) The Public Works Director explained the need for certain required areas of concrete for handicapped access and St. Johns River Water Management District. City Council members commented on the design and location of landscaping. The City Manager said he would be able to report on the time frame and landscaping by Friday. Regular City Council Meeting 12 May 28, 2003 Page Thirteen 13. 14. 15. MOTION by Hill/McCollum "1 move to authorize staff to appropriate funds and authorize the contract for construction of the Barber Street satellite parking to Dickerson Florida, Inc, Stuart, Florida in the amount of $134,133.00." Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 5-0 CITY ATTORNEY MATTERS Reported on the proposed Roseland Neighborhood Plan, which was received the Friday before the last Commission meeting, and for which there was no invitation to the City to participate. He said the Commission was concerned that this was not coordinated with the City of Sebastian and was sent back for further study. Reported on the Capital Sanitation litigation, noting that the City has not received a schedule for an injunction yet. Said he was not able to attend a May seminar as previously approved, but would like to attend the Florida Bar General Meeting in Orlando in June and would need Council approval. Discussed proposed charter officer agreement amendments for the City Manager and City Attorney, which had been copied to Council, and requested they be placed on the next agenda. It was directed that this be done It was the consensus of Council that the City Attorney be approved to attend the seminar as stated. CITY MANAGER MATTERS Participation in Indian River County's Emerqency Services District Advisory Board (no backup) The City Manager recommended that a City Council member or resident be appointed to the Emergency Services District Advisory Board, to replace his membership due to the fact that the position is fairly political and not a good role for a city administrator. It was the consensus of City Council to appoint Mr. Hill as regular member and Mr. Coniglio as alternate. CITY CLERK MATTERS None. 13 Regular City Council Meeting May 28, 2003 Page Fourteen 16. CITY COUNCIL MA'FI'ERS A. Mr. McCollum Discussed, for the record, a conversation he had with George Geletko, Waste Management, in light of the fact that he will be attending a hurricane conference in Tampa and will not be in attendance at the June 11th council meeting when the Waste Management contract is to be addressed. He said Mr. Geletko recommended that for holidays when there is no pickup scheduled, they will pickup on the Wednesday, instead of the Wednesday yard pickup, so that all customers are treated equally. B. Mayor Barnes Asked if there was a drawing of what is planned for the new piers at Riverview Park. The City Manager said the bid selection process has begun consistent with direction from this past January, and that he would be able to provide those drawings in Friday's newsletter. Mayor Barnes asked if there will be an attempt to get a floating dock and the City Manager said the grant expires on September 30, 2003 so it is his recommendation to move forward and perhaps expand it to include floating docks at a later time. The City Attorney said permits have not been issued yet so it remains to be seen what might be included at that time. The City Manager said local builders had been notified of new City permit rates going into effect. Discussed large crowds using the riverfront area for different functions on the same weekend such as fishing tournaments. He said he would like Council to spend an hour prior to a meeting discussing conditions for uses on the riverfront and in Riverview Park, with the possibility of charging fees. This meeting was scheduled for July 9th at 6 p.m. C. Mr. Coni,qlio Said he was proud to serve with Council when there are difficult decisions to be made such as was made tonight regarding Capital Sanitation. D. Mr. Barczyk Reported that seedlings planted on CR512 need to be watered. E. Mr. Hill Reiterated the need for a park use workshop. 17. Being no further business, Mayor Barnes adjourned the meeting at 10:05 p.m. 14 Regular City Council Meeting May 28, 2003 Page Fifteen Approved at the Regular Council Meeting. ATTEST: Walter W. Barnes Mayor Sally A. Maio, CMC City Clerk 15 City of Sebastian, Florida OFFIC OF TI-IE CITY AGENDA TRANSMITTAL Agenda No. Subject: City Manager & City Attorney; Amendment to contracts Date Submitted: 6~5~03 For Agenda of: 6/11/03 SUMMARY: There are some provisions in the contract of the City Manager and City Attorney that just do not make sense. These deficiencies were corrected in drafting the contract for the City Clerk. The primary problems stem from use of benefits provided to other "exempt employees" as a standard in providing benefits under the Attorney contract and, for the City Managers, that benefits equal those given to "all full-time employees". At the time the contracts were entered, no formal policies even existed for exempt employee benefits. The problems arise because policies have been put in place over the last few years for exempt employee benefits that vary in some respects from the non-exempt benefits, so it is no longer clear what benefits the City Manager should receive. Further, since the policies for exempt employees are an administrative function of the City Manager, one Charter Officer benefits (the Attorney) are being set by the policies of another Charter Officer (the City Manager). It would also be a problem if the Manager could, in effect, set his own benefits by administrative policy. It is recommended that the contracts to be amended to set these benefit levels without reference to other, potentially fluctuating, policies. The proposed amendments are in line with what exempt employees of equal seniority receive, and are consistent with the City Clerk contract. The other problem is the provision requiring a three-month written notice for these officers to resign. This does not reflect reality. No employer is going to hold a job for three months, so in essence these officers (who both have small children) would have to resign without any job prospects at the time. Standard notice for professional class employees is thirty (30) days. RECOMMENDED ACTION: Approve Amendment to £mployment Agreement for both the City Manager and City Attorney. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGE .K~ ,/~'-'~ AMENDMENT TO EMPLOYMENT AGREEMENT This Agreement between the CITY OF SEBASTIAN, a Florida municipal corporation, and TERRENCE MOORE amends that certain EMPLOYMENT AGREEMENT between the parties dated June 9, 1999, (hereinafter called the "AGREEMENT"), and provides that IN AND FOR CONSIDERATION of the mutual benefits provided herein and the continuation of the consideration of the AGREEMENT, the receipt and sufficiency of which is hereby acknowledged by the parties, it is agreed: 1. Paragraph III. 6. of the AGREEMENT is amended to read as follows: Mr. Moore shall accrue vacation benefits at the rate of 4.615 hours per bi- weekly pay period. Upon termination of employment with the City, Mr. Moore shall be entitled to full compensation for all accrued vacation time as additional salary. 2. Paragraph III. 7. of the AGREEMENT is amended to read as follows: Mr. Moore shall accrue sick leave at the rate of 3.692 hours per bi-weekly pay period. Upon termination of employment with the City, Mr. Moore shall be entitled to full compensation for all accrued sick leave as additional salary. 3. The final sentence of Paragraph VII. 19. of the AGREEMENT is amended to read as follows: Mr. Moore may terminate this Agreement upon furnishing the City thirty (30) days written notice. 4. All remaining terms of the AGREEMENT shall continue in full effect. AGREED to this __ day of June, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legality for Reliance by the City of Sebastian only: Sally A. Maio, CMC, City Clerk EMPLOYEE Rich Stringer, City Attorney Terrence Moore AMENDMENT TO EMPLOYMENT AGREEMENT This Agreement between the CITY OF SEBASTIAN, a Florida municipal corporation, and RICH STRINGER amends that certain EMPLOYMENT AGREEMENT between the parties dated October 26, 1998, (hereinafter called the "AGREEMENT"), and provides that IN AND FOR CONSIDERATION of the mutual benefits provided herein and the continuation of the consideration of the AGREEMENT, the receipt and sufficiency of which is hereby acknowledged by the parties, it is agreed: 1. Paragraph III. 4. of the AGREEMENT is amended to read as follows: Mr. Stringer shall accrue vacation benefits at the rate of 4.615 hours per bi- weekly pay period. Upon termination of employment with the City, Mr. Stringer shall be entitled to full compensation for all accrued vacation time as additional salary. 2. Paragraph III. 5. of the AGREEMENT is amended to read as follows: Mr. Stringer shall accrue sick leave at the rate of 3.692 hours per bi-weekly pay period. Upon termination of employment with the City, Mr. Stringer shall be entitled to full compensation for all accrued sick leave as additional salary. 3. The final sentence of Paragraph VII. 1. of the AGREEMENT is amended to read as follows: Mr. Stringer may terminate this Agreement upon furnishing the City thirty (30) days Written notice. 4. All remaining terms of the AGREEMENT shall continue in full effect. AGREED to this __ day of June, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC, City Clerk EMPLOYEE Rich Stringer SEBASTI.A HObt£ OF P£[IC/~I ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 · FAX (772) 589-5570 Subject: Architectural and Engineering Services Sebastian Pertaining to Re~ovation qf First Floor of Sebastian City H~al~ ....... City Mana~i~ Terrence R. Moore Agenda No. Department Origin: City Manager Dept. of Finance: General Services Admin: Date Submitted: 06/03/03 For Agenda of: 06/11/03 Exhibits: Proposed Agreement between the City of Sebastian and John H. Dean, Architects, P.A. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY In conjunction with the current grant project, the proposed agreement between John H. Dean Architects, P.A., and the City of Sebastian is 'for the existing Sebastian City Hall first floor architectural and engineering plans for an amount not to exceed $21,000.00. The first floor architectural and engineering plans will be integrated with the second floor plans previously completed, with the intent of restoring reasonable historic details, theme and design of the building. RECOMMENDED ACTION Move to authorize the City Manager to execute the Agreement between the City of Sebastian and John H. Dean Architects, P.A., for the completion of the first floor architectural and engineering plans for an amount not to exceed $21,000.00. "An Equal Opportunity Employer" Celebrating Our 75th Anniversary AGREEMENT TO EXPAND PERFORMANCE OF PROFESSIONAL SERVICES THIS AGREEMENT made this __ day of June, 2003, expands the services provided under that certain AGREEMENT BETWEEN OWNER AND ARCHITECT (hereinafter called the "PHASE I CONTRACT") made May 16, 2001, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, (hereinafter called "City") and john h. dean architect & associates, p.a., a.i.a., (hereinafter called "Architect"), provides as follows: 1. Incorporation of Terms. The terms and conditions of the PHASE I CONTRACT shall govern the parties as to the provision of services under this Agreement, except as specifically modified herein. 2. Scope of Work. The Project as contemplated in the PHASE I CONTRACT has been expanded to include the remaining portions of the historic Sebastian City Hall building. ARCHITECT shall perform the same services set forth in Exhibit "A" thereto, applied to the remaining portion of the building in a manner that restores reasonable historic details, theme and design similar in nature to the remainder of the Project, however, the schematic design shall be directed towards conversion of the remainder of the building for use as a community center. 3. Compensation. The general basis for compensation shall be the schedule of hourly rates set forth in Exhibit "B", which shall supercede Exhibit "B" of the PHASE I CONTRACT, with total fees and costs not to exceed twenty-one thousand dollars ($21,000). 4. Additional Services. This Agreement does not provide for services involving project construction, observation or administration, which may be negotiated separately at a future date. Any additional services beyond the scope of Exhibit "A" must be authorized in writing by CITY prior to incursion of costs. 5. Waiver of Trial by Jury_. The parties hereto specifically waive the right to trial by jury as to any cause arising from the Agreement and any addendum thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): THE CITY OF SEBASTIAN Sally A. Ma/o, CMC City Clerk By: Terrence R. Moore, City Manager Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Signed, sealed and delivered in the presence of: john h. dean architect & associates, p.a., a.i.a., manle: Name: By: John H. Dean, President City of Sebastian, Florida Subject: Resolution No. R-03-26 EPA 319 Grant Application Approved for SUbmittal. by: ~e'~rence M~or~ Mntnaeer ! ..,.: Agenda No. ~/~. ~ ]) ~' Department Origin: City Manager a~.~.~neering Dept. Head: '~?~ Finance: ' [~ General Se~ices: ~ Date Submitted: For Agenda of: Exhibits: Proposed Resolution No. R-03-26 and Proposed Project Descriptions EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY It is the City of Sebastian's desire to proceed with plans identified in the City of Sebastian Master Stormwater Management Plan to convert the present Main Street Twin Ditch from a stormwater conveyance system to a Best Management Practice wet detention pond and to construct a BMP three (3) acre stormwater detention pond on a City owned parcel located on Periwinkle Drive, Seashore Avenue and Ocean Breeze Street with associated structures to improve and maintain the water quality by reducing the pollutant loading and regulate the freshwater discharge to the impaired waters of the Sebastian River. Therefore, the proposed Resolution R-03-26 authorizes the City Manager to apply for an Environmental Protection Agency 319 Grant from the Florida Department of Environmental Protection for each project. RECOMMENDATION Move to authorize the City Manager to apply for an Environmental Protection Agency 319 Grant from the Florida Department of Environmental Protection. RESOLUTION NO. R-03-26 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR TWO ENVIRONMENTAL PROTECTION AGENCY 319 GRANTS FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIROMENTAL PROTECTION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Sebastian is interested in implementing projects and programs in an effort to administer goals and objectives as directed by the City of Sebastim~ Stormwater Utility Master Plan; and WHEREAS, the Mayor and City Council desire such improvements to be initiated via positive intergovenunental relations and supports administration in hfitiatmg necessary dialogue and pam~erslfips to achieve results; and WHEREAS, the Mayor and City Council of the City of Sebastian wishes to authorize the City Manager to apply for funding from the Environmental Protection Agency 319 Grant Progran~ to help fund both the Main Street Txvin Ditch Repair and the Periwinkle Drive Stom~water Detention Pond and Culvert Replacement Program. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The Mayor and City Council oft he City of Sebastian hereby authorize the City Mm~ager to apply for two Enviromnental Protection Agency 319 Grants from the State of Florida Department of Enviromnental Protection. Section 2. The City Manager's Office of the City of Sebastian is hereby directed to send copies of this Resolution to the State of Florida Depamnent of Enviromuental Protection and other persons as directed by the Mayor and City Cotmcil. Section 3. CONFLICTS. All resolutions or parts of resolutions m conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. irmuediately upon its adoption. A motion to adopt the foregoh~g Resolution was made by Councilmember · The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: This resolution shall take effect Mayor Walter Barnes Vice Mayor Raymond Coniglio Councilmember Joseph Barczyk Councilmember James Hill Councihnember Nate McCollum day of The Mayor thereupon declared this Resolution duly passed and adopted this __ ,2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally Maio, CMC/AAE City Clerk APPROVED TO FORM AND LEGALITY Rich Stringer, City Attorney Stormwater Utility Proposed EPA 319 Grant Application Project SW3: City of Sebastian Main Street / Twin Ditch Project Project Location: This project is located in Indian River County and the City of Sebastian. The proposed project will provide treatment of stormwater runoff in sub- basins located in Unit #1 and Unit #2 of the City of Sebastian. These sub-basins discharge into the St. Sebastian River Watershed, a tributary of the Indian River Lagoon. The Indian River Lagoon and its tributaries are a NPS priority watershed, an Estuary of National Significance included in the National Estuary Program, and a SWIM waterbody. The Indian River Lagoon in this vicinity is an Outstanding Florida Water and Aquatic Preserve. This segment of the Indian River Lagoon and the St. Sebastian River are included on the Section 303(d) list of impaired waters. Project Obj ective(s): The Indian River Lagoon Comprehensive Conservation and Management Plan incorporates an action plan "to develop and implement strategies to address the impacts of freshwater and stormwater discharges on the Indian River Lagoon". This action plan includes a series of actions to "upgrade existing stormwater systems" designed to meet the objectives of the Freshwater and Stormwater Discharge Action Plan. The primary goal of the Indian River Lagoon Swface Water Improvement and Management (SWIM) Plan is "to attain and maintain water of sufficient quality in order to support a healthy, macrophyte-based, estuarine ecosystem." This proposed project addresses several of the objectives supporting this goal including: Manage excessive freshwater inflows from point and non-point sources to minimize their impacts on salinity; · Decrease inputs of suspended materials from point and non-point sources; and · Decrease inputs of nutrient inflows from point and non-point sources. Project Description: Problem: The St. Sebastian River has been identified by the Indian River Lagoon National Estuary Program and the Indian River Lagoon SWIM Program as a priority waterbody in need of water quality rehabilitation and protection (IRLNEP, 1996; Steward et al, 1994). It is a major tributary of the Indian River Lagoon. Agricultural lands west of Sebastian account for a major portion of the run-offto the watershed and contribute significantly to the stormwater discharge through man-made drainage systems to the St. Sebastian River. The City of Sebastian is the primary urban center, which lies along nearly 9 miles of the lower eastern and southern banks of the St. Sebastian River and occupies approximately 9000 acres of the 100,000 acres overall Sebastian River Watershed. In the late 1950's, General Development Corporation established a streets and drainage infrastructure to support development of approximately 15,000 single-family home sites. Nearly half of these home sites are not yet developed. The City of Sebastian is presently experiencing a dramatic population growth, far greater than other areas in the watershed. This rapid growth is expected to continue for the foreseeable future. The City's existing storm drainage system, designed in the late 1950's, is inadequate for flood control or the impacts of stormwater on the St. Sebastian River and Indian River Lagoon. The majority of the City's stormwater run-off is delivered by a system of canals, ditches and swales to the St. Sebastian River and ultimately to the Indian River Lagoon. Initially installed during the early phases of the land development to the 1950's standards, this existing system does not provide the stormwater storage or treatment required by present day development standards. It has been suggested that throughout the Indian River Lagoon increases in turbidity have greatly reduced the area suitable for seagrass growth as a result of non-point source pollution. The grass beds immediately south of the St. Sebastian River have consistently become more fragmented over time. There has also been an overall reduction in the total grass bed acreage and decreases in the maximum depth of these beds throughout the Indian River Lagoon. The St. Johns River Water Management District (Steward et. Al., 1994) identified a number of basin-specific concerns for the St. Sebastian River watershed. The principal concern has to do with the considerable inputs of freshwater and its effects on the salinity within the receiving waters. Excessive freshwater drainage into the estuarine waters may result in species shifts that disrupt ecologically and economically important nursery areas. In addition, there is concern regarding increased suspended matter and nutrient loading associated with this freshwater input. This non-point source pollution may degrade water quality and affect local seagrass and shellfish populations. The City of Sebastian, through its Master Stormwater Management Plan has identified a number of Capital Improvement Projects to specifically address the quantity and quality impacts of the City's stormwater on the St. Sebastian River. One of the identified projects is the conversion of the Main Street Twin Ditch conveyance canal to a Best Management Practice wet detention pond to reduce the pollutant loading and fresh water discharge to the St. Sebastian River and the Indian River Lagoon. Proposed Activities: The City of Sebastian presently utilizes a "Twin Ditch" located on City right-of-way between the City of Sebastian Airport property and residential property to the south of the double ditch along Main Street. The "Twin Ditch" is part of the stormwater conveyance system used as a major collector of stormwater accumulated from road run-off and residential lots in Units #1 and #2. This collector ditch is a direct contributor of stormwater run-off to the St. Sebastian River. The conceptual design for the "Twin Ditch" is to remove the fill between the two ditches, install a box culvert and deepen the channel to create a best management practice wet detention pond to increase the sedimentation and reduce the turbidity in the discharge to the St. Sebastian River. A control structure is proposed at the western end of the wet detention basin to effectively control the discharge of freshwater subsequent to a stormwater event. In order to obtain the maximum volume for the wet retention area, it has been proposed to stabilize the steep side slopes to prevent erosion of the adjacent land into the detention pond. Project Tasks: Task 1. Engineering, Design and Permitting. The City of Sebastian will use contractual resources for this task. Task 2. Construction Upon receipt of all necessary permits, the City of Sebastian will advertise and award the construction of the project. Construction management services will be provided by the City of Sebastian using in-house and contractual resources. Task 3 Water Quality Monitoring Sufficient water quality data will be collected to determine the treatment efficiency of the project to reduce pollutants and meet pollutant load reductions goals (PLRGs/TMDLs). Task 4 Data Analysis and Final Report The main purpose of this report is to document implementation of the BMP and its ability to remove pollutants to meet PLRGs/TMDLs. It is envisioned that the success of this project will lead to additional partnerships between State agencies and the City of Sebastian to implement additional BMP projects in other areas of the City to reduce the impact of development on the St. Sebastian River and the Indian River Lagoon. Additional tasks may be identified during the design and permitting process. Stormwater Utility Proposed EPA 319 Grant Application Project SW4: Periwinkle Drive Stormwater Detention Pond and culvert replacement. Project Location: This project is located in Indian River County and the City of Sebastian. The proposed project will provide treatment of stormwater runoff in a sub- basin located in Unit #11 of the City of Sebastian. This sub-basin discharges into the St. Sebastian River Watershed, a tributary of the Indian River Lagoon. The Indian River Lagoon and its tributaries are a NPS priority watershed, an Estuary of National Significance included in the National Estuary Program, and a SWIM waterbody. The Indian River Lagoon in this vicinity is an Outstanding Florida Water and Aquatic Preserve. This segment of the Indian River Lagoon and the St. Sebastian River are included on the Section 303(d) list of impaired waters. Project Objective(s): The Indian River Lagoon Comprehensive Conservation and Management Plan incorporates an action plan "to develop and implement strategies to address the impacts of freshwater and stormwater discharges on the Indian River Lagoon". This action plan includes a series of actions to "upgrade existing stormwater systems" designed to meet the objectives of the Freshwater and Stormwater Discharge Action Plan. The primary goal of the Indian River Lagoon Surface Water Improvement and Management (SWIM) Plan is "to attain and maintain water of sufficient quality in order to support a healthy, macrophyte-based, estuarine ecosystem." This proposed project addresses several of the objectives supporting this goal including: · Manage excessive freshwater inflows from point and non-point sources to minimize their impacts on salinity; · Decrease inputs of suspended materials from point and non-point sources; and · Decrease inputs of nutrient inflows from point and non-point sources. Project Description: Problem: The St. Sebastian River has been identified by the Indian River Lagoon National Estuary Program and the Indian River Lagoon SWIM Program as a priority waterbody in need of water quality rehabilitation and protection (IRLNEP, 1996; Steward et al, 1994). It is a major tributary of the Indian River Lagoon. Agricultural lands west of Sebastian account for a major portion of the run-off to the watershed and contribute significantly to the stormwater discharge through man-made drainage systems to the St. Sebastian River. The City of Sebastian is the primary urban center, which lies along nearly 9 miles of the lower eastern and southern banks of the St. Sebastian River and occupies approximately 9000 acres of the 100,000 acres overall Sebastian River Watershed. In the late 1950' s, General Development Corporation established a streets and drainage infrastructure to support development of approximately 15,000 single-family home sites. Nearly half of these home sites are not yet developed. The City of Sebastian is presently experiencing a dramatic population growth, far greater than other areas in the watershed. This rapid growth is expected to continue for the foreseeable future. The City's existing storm drainage system, designed in the late t950's, is inadequate for flood control or the impacts of stormwater on the St. Sebastian River and Indian River Lagoon. The majority of the City's stormwater run-off is delivered by a system of canals, ditches and swales to the St. Sebastian River and ultimately to the Indian River Lagoon. Initially installed during the early phases of the land development to the 1950's standards, this existing system does not provide the stormwater storage or treatment required by present day development standards. It has been suggested that throughout the Indian River Lagoon increases in turbidity have greatly reduced the area suitable for seagrass growth as a result of non-point source pollution. The grass beds immediately south of the St. Sebastian River have consistently become more fragmented over time. There has also been an overall reduction in the total grass bed acreage and decreases in the maximum depth of these beds throughout the Indian River Lagoon. The St. Johns River Water Management District (Steward et. Al., 1994) identified a number of basin-specific concerns for the St. Sebastian River watershed. The principal concern has to do with the considerable inputs of freshwater and its effects on the salinity within the receiving waters. Excessive freshwater drainage into the estuarine waters may result in species shifts that disrupt ecologically and economically important nursery areas. In addition, there is concern regarding increased suspended matter and nutrient loading associated with this freshwater input. This non-point source pollution may degrade water quality and affect local seagrass and shellfish populations. The City of Sebastian, through its Master Stormwater Management Plan has identified a number of Capital Improvement Projects to specifically address the quantity and quality impacts of the City's stormwater on the St. Sebastian River. One of the identified projects is the conversion of the Main Street Twin Ditch conveyance canal to a Best Management Practice wet detention pond to reduce the pollutant loading and fresh water discharge to the St. Sebastian River and the Indian River Lagoon. Proposed Activities: Periwinkle Drive is located in the South Central area of the City of Sebastian. This tributary area is approximately 55 acres in size and is primarily low densky residential. However, about 17.5 acres of citrus grove also discharges in to this tributary system. Currently the only treatment provided in this basin is through the swale system. In accordance with the Master Stormwater Management Plan, a 3 acre Best Management Practices wet detention stormwater pond is proposed for construction on an existing City owned parcel. This parcel is located between Periwinkle Drive, Seashore Avenue and Ocean Breeze Street. The increased wet detention is anticipated to reduce the pollutant loading, increase sedimentation and equalize stormwater flow surges. A new road crossing culvert will also be installed under Ocean Breeze Street to alleviate localize flooding in an area with marginal B/D soils. Project Tasks: Task 1. Engineering, Design and Permitting. The City of Sebastian will use contractual resources for this task. Task 2. Construction Upon receipt of all necessary permits, the City of Sebastian will advertise and award the construction of the project. Construction management services will be provided by the City of Sebastian using in-house and contractual resources. Task 3 Water Quality Monitoring Sufficient water quality data will be collected to determine the treatment efficiency of the project to reduce pollutants and meet pollutant load reductions goals (PLRGs/TMDLs). Task 4 Data Analysis and Final Report The main purpose of this report is to document implementation of the BM~ and its ability to remove pollutants to meet PLRGs/TMDLs. It is envisioned that the success of this project will lead to additional partnerships between State agencies and the City of Sebastian to implement additional BMP projects in other areas of the City to reduce the impact of development on the St. Sebastian River and the Indian River Lagoon. Additional tasks may be identified during the design and permitting process. HOl~ OF PEU~I ISLAND City of Sebastian, Florida Subject: Final Plat for Phase Five of Collier Creek Estates. Approved for Submittal by: Agenda No. ~ Department Origin: Tracy E. Has~5 Date Submitted · June 4, 2003 For Agenda of: June 11, 2003 Growth Management Exhibits: R-03-27, Application, and Final Plat. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIR_ED: None SUMMARY Adams & Associates, as developers of Collier Creek Estates, recently filed an application for final plat for phase five of the subdivision. Phase five consists of 39 lots situated on 35.5 acres, with the typical lot being slightly larger than ½ acre and minimum setbacks per city code established at 25' for the fi:ont, 10' on the side, and 20' in the rear. However, deed restrictions within the subdivision require additional setbacks beyond that required by code minimums. The developer recently completed all infrastructure and site development improvements including all roadways and drainage systems. With completion of phase five, Easy Street will now be open from Englar Drive north to Wimbrow Drive. Access to phase five will be accomplished via the aforementioned Easy Street extension. Additionally, all engineering, and surveying details have been completed in accordance with Florida Statutes, and all necessary signatures have been obtained. RECOMMENDED ACTION Staff recommends approval of Resolution No. R-03-27. "Move to adopt Resolution No. R-03-27." RESOLUTION NO. R-03-27 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDMSION KNOWN AS COLLIER CREEK ESTATES PHASE V; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Adams & Associates has filed an application for approval of a final plat for a subdivision known as Collier Creek Estates Phase V; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINAL PLATAPPROVAL. The City Council of the City of Sebastian does hereby approve the final plat for Collier Creek Estates Phase V as prepared by James A. Fowler dated April 25, 2003 and revised May 30, 2003. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. adoption. EFFECTIVE DATE.This resolution shall take effect immediately upon its The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice Mayor Ray Coniglio Councilmember Joe Barczyk Councihnember Edward J. Majcher, Jr. Councihnember James Hill The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of June, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Aktk6rney Permit Application No. City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: Address: ¢. O. ~:~0 X '7 o~ / O/-/7' .-~ ~ ~ ~ T, f) r,.] ~L Ph0neNumber:( ) ~.5oo-~_ 07~0 FAXNumber: ( ) E-Mail: Owner (If different from applicant) Name: Address: Phone Number: ( ) FAX Number: ( ) - E-Maih Title of permit or action requested:,.. PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. IA. Project Name (if applicabl~: B. Site Information Address: Lot: Block: Unit: Subdivision: Indian River County Parcel #: Zoning Classification: Future Land Use: Existing Use: Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary/: DATE RECEIVED:'~/~j~/ FEE PAID:$ ~00 'OO RECEIVED B~ Permit Application No. D. Project Personnel: Agent: Phone Number: ( ) FAX Number: ( ) E-Mail: Attorney: Name: Address Phone Number: ( ) - FAX Number: ( ) E-Mail: Engineer: Name: Address Phone Number: ( ) ~.~'-'~,~' O0 ~:~-' FAX Number: ( ) - E-Mail: Surveyor: Name: ~'O ~J t ~. ¢" Phone Number: ( ) F~ Number: ( ) - E-Mail: I, , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER__ I AMTHE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'F]'ER OF THIS APPLICATION, AND THAT ALL T~ INFORMATION, MAPS, DATA AND!OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCU..~ AN D T//~ ~ST OF MY KNOWLEDGE AND BELIEF. S~j~ ' , ) DATE _~--..~t./. ~..~"~ SWORN TO AND SUBSCRIBED BEFORE ME BY -'~-~--~ ~.) (~, U /~ --WHO IS PERSONALLY KNOWN TO M~E OR PRODUCED .~ AS IDENTIFICATION, THIS..)-I ? DAY OF NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./EXPIRATION SEAL: MY C0MMI$SION # DD 010863 I1 EXPIRES: March 20, 2005 aoncied ThnJ Notm'y Public Unoe~dtam .......... Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals, IJVVE, THE OWNER(S) / THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CiTY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/~/E HEREBY WAIVE ANY OBJECTION OR DEFENSE i/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES M_ADE, BRRRRRRRRRRRRRR~~ENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. S I.,~/U~ DATE Sworn to and subscribed before me by "-~ o ~ Lb 0t ~vho is Pers~)nallv known to me or prod. uced. as identification, thi,s~%L~--¢-~7-'8~ of ~,~ b[_~ ,20 g.~. Notary's Signature ~ .... ~,). ,/~~' Printed Name of Notary C-~¢,.~'~_.~',D~ _~.' ~,~,~.~ Commission No./Expiration Seal: i J ~ ' ~ '~=.. MY COMMISSION # DD 01086,3 lJ~.,..,~..'~,-] EXPIRES' March 20, 2005 Supplemental Information Final Plat Approval Permit Application No. 1. The following information is required on all final plats: a. Name of subdivision. b. Title Block. __ c. Legal Description. d. Index Sheet. e. The final plat shall comply with Chapter 177, Florida Statutes, and shall show all lengths of arcs together with central angles, radii, and points of cu rvatu re. f. Scale. g. North arrow on every sheet. Bearing or azimuth reference shall be clearly stated on the face or first page of the plat. h. The point of beginning shall be boldly shown. i. All intersecting street right-of-ways shall be joined by the long cord of minimum radius of twenty-five feet and all dimensions shown. j. All adjoining property shall be identified by a subdivision title, plat book and page or, if unplatted, the land shall be so designated. k. If the proposed plat borders upon any public water bodies, delineate the mean high water line. I. Permanent reference markers shall be shown. __ m. In the upper right hand corner, provide a three-inch by five-inch space to be used by the Clerk of the Circuit Court for recording information. n. The plat shall be accurate within 0.01 foot and shall be tied accurately to all township, range, and section lines. o. On the cover sheet or first page show a vicinity sketch. p. Lots and blocks shall be numbered or lettered'. q. The plat shall contain the name of each street shown. r. All right-of-way and easement widths and dimensions shall be shown on the plat. Permit Application No. Attached the following: a. Six copies of the final plat. (Two sets must be sealed.) b. Three sealed sets of as-built plans. HOME Of PE, L[C..'~ [LAND City of Sebastian, Florida Subject: Road and Boat Ramp Closures for 4th of July Festivities l~~prove,~.for Submittal by: M~or6,~anager Agenda No. Dept. Head: Finance: Procurement: Date Submitted: June 4, 2003 For Agenda of: June 11,2003 Exhibits: Letters from American Cancer Society & Lions Club & Proof of Insurance EXPENDITURE REQUIRED: N/A BUDGET AVAILABLE: N/A APPROPRIATION REQUIRED: N/A Background City staff has met with the Lions Club Fourth of July Committee to plan all logistics associated with the Fourth of July Celebration. Staff and the Committee have determined the Yacht Club boat ramp and parking lot needs closing from Thursday, July 3, 2003 at noon until midnight Friday, July 4, 2003. Road closures are also necessary for the 5K Run and the parade on the Fourth. All road closures will be from 6 AM until 10:30 AM on July 4, 2003. Indian River Drive will need closing from the south City limits north to Davis St. Davis St. will need closing from North Central Ave. east to Indian River Drive. North Central Ave. will need closing from Davis St. north to Jackson St. and Sebastian Blvd from Indian River Drive to the Hess driveway entrance. Indian River Drive from Davis to Coolidge will be reopened after the parade. Indian River Drive from Coolidge to Harrison street and Sebastian Blvd from Indian River Drive to Hess will remain closed all day on the 4th of July. Summary Move to close the Yacht Club parking lot and boat ramp from noon Thursday, July 3, 2003 until midnight Friday, July 4, 2003. Move to close the following streets from 6AM until 10:30AM on Friday, July 4, 2003. Indian River Drive from the south City limits north to Davis Street. Davis St. from North Central Ave. east to Indian River Drive. North Central Avenue from Davis Street north to Jackson Street. Sebastian Blvd from Indian River Drive to Hess driveway entrance and Indian River Dr. from Coolidge to Harrison to remain closed all day. May 30, 2003 Mr. Ten'a~ce Moore City Halh 1225 Main Street Sebastian, l~lorida, 32958 Deal' lV~r. Moore, This letter is to request a permit from the City to hold the "10t~ Annual l~oger Dann Memorial Freedom 5K Run" on TFriday, July 4, 2003, at 6:30 am This will bethe Idek-off event for the Fourth of July celebration. ~ under the sponsorship ofthe North Indian River American Cancer Society, to whom all profits will be I will meet with the Lions Club tonight before the Tree Board meeting to assure their agreement as they are the organization in charge ofthe rest ofthe day's fesuMties. anne format as in the preceding 9 years. We will be at Riverview Park from 5:30 am for packet pickup and late registrations. The runuing race will start at 6:30am and the walking The races should finish in under an hour. We will have a special parking area, probably in p~rk~ng lot. I have asked the Police Depamnent to a~st us with this malter. Officer me that the grassy area east ofthe Hess station will be available, as well. This has been the main that the racers take the parking places of the vendors. We should be off the course by opposite end of Indian River Drive, so we should not hinder the parade as it The course is out-and-back along ~ndian River D~.. There will be two wa~er stops, at the 1-2 mile markers and at the turnarounc[ We would request the following streets be closed along Indian River Dr. from 6:30 to 7:15am: Harrison, Fellsmere, Cooledge, Cleveland, Martir~ Washington, Main, 3effersor~ Truman, and Davis. Occasional discretionary openin~ for cross traffic would be possible. The race is covered by insurance by both the American Cancer Society and the United States Traek and Field (USATF) which is the governing body of Long Distance Racing and Kacewalking in America. The lat~r's sanction protects from lawsuits those groups sponsoring the race (including the City). Any large contribmors will be covered as well. A copy of the Sanctioning Rules and Kegulstions is available on request. We would like to request traffic corna'ol for the race, both personnel and cones. I have contacted Paul Graves ofthe Sebastian Police for this, and the Coumy EMS for their continuing support in case of any injury. Ail enlrants will sign a waiver before entering the race, thus absolving sponsors from the responsibility of any injury. Sincerely, Anne Dann, Kate Director, Roger Dann 5K l~ce Lions Club of Sebastial P.O. box 411 Sebastian, FL 329.56 Jva~e 3, 2003 City of Sebastian 1225 Main Su-eet. Sebastian, FL 32958 Dear Cig.' Council: I am writing on behalf of the 4"' of July Lions Club Conmfittee ibr 2003. Tlfis is a request ibr approval of: the tbllowing events: Use of Riverview Pm-k tkom the 3~ of July to the 4~ of July 200{} Pemfission to park a sound trailer in the park July 3rd to set up tbr the 4th of July Ask that we have a laision person with the cit3~ that we can work wifl~ tbr set up ot" the bleachers, bandstand cleaning of the islmad & other needed help Use of a Moonwalk in the pm-lc We request, pemxission tbr Sebastian Skydivers to land across ii-om the park Request the same closing of streets as in the past t'br the parade ii'om 7:30 a.m. to 1 p.m. We request the closing of Harrison St (south side of Park), Fellsmere Rd, ( East of the Hess gms station to Indim~ River Drive), Collage St ( att h~tersecfion of Indian River Drive), Cleveland St (at the mtersecfion of Ind/an River Drive) Pa-long desi~mated ibr handicap & 4 spaces desi~ated ibr enten'ailm~ent parldng only south side of park We request that the Yacht Club be dosed all day the 4thor July, wifl'~ the exception of the VIP Breakfast, Milch will begin m 7 a.m. We also request the parhng lot tbr the Yacht Club be closed ii-om j~f~p.m, onJtfly 3rd until midmght on the d,~ of July, with no boat. trailers being allowed[ to use fl~e ramp. Parking of antique cars atier the parade We would m~ficipate the sa-ne arrangement that we have had m previous years. Tha~.k you in adval~ce ibr your cooperation, Jd~lt Hawkins Chairperson 4~ of July Celebration Lions Club of Sebasfion Phone (772)-663-1394 AcoFID,.,.CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/Y'Y) 1' PRODUCER (630)324-2500 T.J. Adams Group, LLC 333 E. Butterfield Rd., Suite 500 Lombard, IL 60148 INSURED -.:Sebastian Lions Club South Carolina FAX (630)324-2501 fl4/fl0/fl3 THIS CERTIFICATE IS ISSUED AS A MA t I bR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ,~LTEF1 THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING· COVERAGE INSURERA: Royal Insurance Company of America INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .mRN~H TYPE OF INSURANCE POLICY NUMBER POLiCYDATE {MM/I~D/Yy~EFFECTIVE POLiCY~ATE (M M/~D/yy}EXPIRATION LIMITS EACH OCCURRENCE $ 1 ~OOO~OO0 GE_.__NERAL LIABILJTY ' FIRE DAMAGE (Any one lire) $ 1, O00'~ OOO X COMMERCIAL GENERAL LIABILITY ~ '~ CLAIMS MADE E~] 'OCCUR MHD EXP (Any one person) $ 1~ 000 P21W603903 ' 09/01/2002. 09/01/2003 PERSONAL & ADV INJURY '$ 1';O00,OOO · ' .. GENERAL AGGREGATE $'" .'2~000,OOO. PRODUCTS - COMP/OP AGG $ ' 2,000~OOO GEN'L AGGREGATE LIMIT APPLIES: PERi .- · COMBINED SINGLE LIMIT · . · ~.UTOMOBILE UABILITY ' (Fa accident) $ Included = ANY AUTO ALL OWNED AUTOS BODILY INJURY $ ~ SCHEDULED AUTOS P21W603903 09/01/2002 09/01/2003 (Per person) In Above A X NmED AUTOS OWNED AUTOS NOT COVERED BODILY INJURY (Per accident) X NON-OW. NED AUTOS PROPERTY DAMAGE ' I (Per acaident) $ AUTO ONLY. EA ACCIDENT $ GAl lACE LIABILITY ANY AUTO NOT COVERED OTHER THAN EA ACC AUTO ONLY: AGG I $ EACH OCCURRENCE $ EXCESS LIABILITY 'OCCUR [--"-J CLAIMS MADE AGGREGATE $ NOT COVERED $ DEDUCTIBLE $ RE=D-NTION $ I WORKERS COMPENSATION AND TORY LIMITS I "] OTHER EMpLOYERS"LIABILITY NOT COVERED E L. EACH ACCIDENT $ E L DISEASE- EA EMPLOYEE $ E L. DISEASE - POLICY LIMIT $ ................ ~~~ONS DESCRIPTION OF OPERATIONS/LOCATIONSIYENICLESlEXCLUSIONS 'Provisions of policy apply to the. Sebastian Lions Club· for their conducting the 4th of July Celebration on July 4, 2003. City of Sebastian, Florida is an additional insured(s), but only as respects liability arising.out of use of premise by th~. Sebastian Lions Club and not out of the sole negligence of said additional insured. .. . CERTIFICATE HOLDER · I ADDITIONAL INSURED; INSURER L~-I It:a CANCELLATION .. .... SHOULD ANY OF THE ABOVE DE$CRISED POLICIES BE.CANCFT ~ ~n BEFOH~-'t'HE City of Sebastian, Florida ACORD 25-S (7/97) EXPIRATION DATE THEREOF, THE.ISSUING COMPANY WILL ENDEAVOR TO MAIL ~. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE sHALL IMPOSE NO OBMGATION OR MABILITY OF'ANY KIND UPON THE coMP.-~ANY, ITS AGENTS OR'REPRESENTATIVES. AUT)~op~ZED REPRESENTATIVE / AOORD CORPORATION lg88 PELICAN ISLAND City of Sebastian t225 Main Street Sebastian, Florida 32958 Subject Amending City Code Chapter 30, Article II Licensing Sections 30-50 and 30-31 regarding fee schedules Agenda No.~.~,?'~2 ,.~/~ / ::' Department Origin: Finance Ord~a'~ce 0-03'08 Amending Chapter 30, Article II Licensing, Sections 30-50- and Exhibits: 30-41. Expenditure Required: Amount Budgeted: Appropriation Required: N/^ SUMMARY STATEMENT City Council, on May 14, 2003 passed the first reading of Ordinance O-03-08. Section 205.0535 (4) specifically provides the ability for municipalities and counties to, every other year, to increase by ordinance the rates of local occupational license taxes by up to 5 percent. The increase, however, may not be enacted by less than a majority plus one vote of the governing body. The increases included in the attached Ordinance 0-03-08 reflect a 1.0456% increase. This figure was used to round out the numbers instead of having very odd amounts. The occupational license tax, besides providing for the regulation of businesses within the community, should cover the cost of issuance. With a five percent increase every other year, the tax just barely meets the cost of issuance; therefore it is necessary to provide for the increase. The current cost of issuance is the labor rate of the employees issuing the licenses as well as the regulation and enforcement of the businesses within the community. The current cost of business licensing, regulation and enforcement is approximately $73,00(: per year. Current collections are $71,758. With the anticipated increase in costs next year, it is necessary to provide the appropriate increase in the fees associated with those costs. It is also necessary to take this action now in advance of the statutorily required mailing date of August 1, 2003 for renewal notices to be sent out with the appropriate fee. RECOMMENDED ACTION Conduct Public Hearing, staff recommends adoption. "Move to adopt Ordinance 0-03-8." ORDINANCE NO.O-03-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 30 ARTICLE II LICENSING, SECTIONS 30-50 AND 30-51; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 30, Article II Licensing of the Code of Ordinances for the City of Sebastian constitutes Occupational Licensing; and WItEREAS, Section 205.0535 (4) authorizes each municipality the authority to increase, by ordinance, the rates of occupational license taxes by up to five percent every other year; and WHEREAS, the last rate adjUstment was adopted on April 25, 2001. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORDA, as follows: Section 1. That Chapter 30, Article II. Sections 30-50 and 30-51, Licensing of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 30-50. Fee for businesses not specifically included in schedule. Every business, fixed or temporarily engaged in by any person, whether in a building or tent, or anywhere within the city not specifically designated in the article, shall pay a fee of e~ nr~ $66 00 Sec. 30-51. Fee schedule. The schedule for license fees charged in the city shall be as follows: Licensed Activity AMUSEMENT/ENTERTAINMENT Bars or restaurants with entertainment for patrons Dance hall or ballroom (with council approval) Entertainment establishment or facility (permanent) Arcade operators, in addition to coin operated machine fee Billiards, pool in addition to coin operated machine fee Golf course Golf driving range Motion picture theater Museum Sightseeing vehicles, per vehicle and Transportation for hire (taxi, limo, boat) Revised Annual Fee Annual Fee 63.00 KQ thth K~2 th/' 63.0£ 63.0£ 63.0£ 63.0£ 66.0C 66.0£ 66.0C 33.0C 66.0C 66.0C 66.0C 66.0C 66.0C 66.0C Charter boat for fishing, diving, sightseeing, parasailing, water- taxi or similar watercraft activities or riding devices, other than coin- operated (per vehicle) Rinks, skating COIN-OPERATED MACHINES: Coin-operated machines, non-laundry, per unit Any person or firm who leases or rents or places under any kind of arrangement, and coin-operated machine, except checking lockers, toilet locks and U.S. stamp machines, shall pay a fee for each machine Coin-operated machines, laundry, per unit Laundromat, self-service FINANCIAL INSTITUTIONS Banks Credit association/union (firm or corporation) Credit card company Loan company, broker, person, firm or corporation Savings & loans association Each ATM not located on main premises FOOD SERVICE ACTIVITIES: Delicatessen: Merchant Delicatessen, as part of another business such as a grocery store, etc Restaurants, must provide license from the division of hotels and restaurants, department of business and professional regulation No seats (take out, deli, catering) Catering services Snack bars and fast food services which maintain no seats Mobile truck (food vendor) Seating (in addition to the above fees): Seating one to 15 Seating 16 to 40 Seating 41 to 60 Seating 61 to 120 Seating 121 and over 3AS STATION: All gas stations, including those offering repairs and other accessory uses; does not include convenience stores Service station, gasoline Per pump HOSPITAL: Hospitals, sanitarium or nursing homes, adult congregate :are facilities iNSURANCE: Companies writing any class of insurance upon any person or property residing or located within the city limits or risks ~ccurring within the city limits Insurance or bonding agent Insurance or bonding company Insurance salesperson Insurance adjuster 31.50 105.00 10.5( 31.5( 63.0~ 63.00 63.00 63.00 31.50 63.0C 63.0C 63 63.00 10.50 21.00 31.50 42.00 52.50 21.0£ 94.5C 33.00 110.00 11.0C 33.0G 66.00 66.00 66.00 66.00 66.00 33.00 66.00 66.0C 66.0£ 66.0C 66.0C 66.012 66.0G 66.013 11.00 22.00 33.00 44.00 55.00 66.00 22.00 99.0C 66.0C 66.0C 66.0C 66.0G MANUFACTURING/PROCESSING: All manufacturing or processing rosiness to include: Aircraft kit Boat builder Custom t-shirts Factories Manufacturing, (manufacturing, producing, processing assembly of apparel and accessories, chemical and allied products, metals, glass, plastics, electronics, shell novelties and other manufacturing) Tire and recapping service qEWSPAPER OR MAGAZINE PUBLISHERS: News bureau (representing newspapers published outside of the city) Dally publication Newspaper (four or more published per week) Periodical publication Newspaper (weekly, biweekly or monthly) RENTALS: Commercial property rental (mall, shopping center or any other property owner renting or leasing space to five or more commercial tenants, including booth tenants on a single parcel), per rental unit Apartment rental Each individual rental Storage and warehouse, public Each additional unit Office rentals Each additional unit Timeshare per unit · Boardinghouses, hotels, motels, lodging house, guest house/bed and breakfast Plus, per unit after first, per room Campground or mobile home park or trailer camp Each rental unit within the park Tourist camps or courts Each guest room (per unit) Trailer camps, RV parks Per space Motor driven rental items (including mopeds, jet skis, tools) Vehicles for hire (rent-a-car, courtesy car etc.) Aircraft Boat rental Trailer, U-Haul Non-motor driven rental items (including bicycles) Equipment rental RETAIL, MAIL ORDER OR WHOLESALE SALES: Aircraft sales Appliances: stoves, refrigerators, dishwashers, dryers, air- conditioners, heating, etc., dealers or agents and service Art shops, supplies, lessons 3 63.00 63.00 63.00 63.0~ 3.15 3.15 "21 3.15 $.25 63.99 5.25 $.2~ 62.0C 63.00: 62.00 63.00 63.00 63.00 63.00 66.0( 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.0G 33.0C 3.3C 33.0£ 3.3C 33.0C 3.30 33.00 33.00 3.30 66.00 5.50 66.00 5.50 66.00 5.5C 66.0C 66.0C 66.0£ 33.0£ 66.0£ 66.0( 66.00 66.00 66.00 66.00 66.00 Automobiles: New/used vehicles, agency/dealer, each location Service station, does not include mechanic service Repair shop, per station Automobile parking lot (parking space rental) Auto parts, and accessories Bait, live Bakeries, retail or wholesale Boat sales Book agents or canvassers (taking orders or selling books or magazines) resident Boot, shoe repair and shine shop Bottled water sales distributor Building materials or supply dealer Business machines: Cash registers, typewriter, etc., sales, rentals and service only. Not to include office supplies Ceramic shop Check cashing stores Fireworks, wholesale or retail Florist Furniture dealer Gas distributors: bottled Grocery store Gunsmith: Repair and sales when in connection with another business with police department approval Jewelry shop Lumberyard Mail order business, each person, company or firm, etc Marine supplies Memhants, itinerant Mobile home sales Monument & tombstones (dealer or agent for) Mower, dealer, rental and/or sales Newsstand Nursery (trees, plant, shrubbery, etc.) Office supplies and~or office furniture (with business supplies sold as adjunct to Security: Security & guard service, electronic surveillance, alarm systems, etc Photo finishing Photographers Satellite systems/sales or service Seafood dealers: Wholesale Retail Both Secondhand dealers (to buy or sell secondhand merchandise, clothing, furniture, etc.) 4 63.00 63.0£ 63.0C 63.0C 53.00 53.0~ 63.0~ 63.0~ 63.00 63.00 63.00I d3.OO 63 63.00[ X'ZI 63.00 63.00] 63.00 63.00 63.00 63.00 63.00 ¢;"1 Nth 63.00 63.0£ 31.50 31.50 31.50[ 63.00 63.00 66.00 66.00 66.0£ 66.0C 66.0C 66.0C 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.0£ 66.0£ 66.0C 66.0C 66.0C 66.0C 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.0£ 66.0C 66.0C 33.0C 66.00 33.00 33.00 66.00 66.00 Selling (when not specifically covered herein) persons selling magazines, bibles, encyclopedias, and other publications shall pay fee) Sign shop Television/VCR/stereo, etc. sales and repairs Video sales and rentals Water sales and dispenser rental Window treatment sales and installation SERVICES: Financial consultant Laboratories dental, chemical, etc Massage Therapist Private investigator Private/Charter school Real estate appraiser Real estate broker Real estate salesperson Schools (such as dancing, business or commercial, beauty or barber, music, physical education, riding, driving, telegraph, etc.) Auditors Bondsmen Directory, city (to engage in compiling city directory), required to furnish all copies required by the city Professionals (attorneys, architects, dentist, opticians, computer programmers, certified public accountants, electrologists, engineers, naturopaths, oculists, chiropractors, osteopaths, physician, electrotherapists, veterinarians, and any other State of Florida licensed professionals) by firm and per professional Property management Surveyor Well driller General service provider not listed in above, per business Accounting/bookkeeping/auditing firm or person, certified or non-certified Advertising: Agents or agencies writing advertisements for profit Aircraft, flying schools or flight lessons Aircraft service Animal boarding, grooming or training Answering service Artists Astronomers, where fee is charged Auto vehicle wrecker service Auto body shop Auto repair shop Window tinting Bicycle repair Blueprinting, photostat, map survey Boat canvas sale/repair 63.012 63.012 31.50 63.00 63.00 63.00 63.00 66.0C 66.0C 66.0(~ 66.012 66.012 66.013 66.012 66.012 66.013 66.013 66.013 66.00 66.013 66.013 33.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 33.00 66.00 66.00 Brass & copper refinishing Business advisor or consultant Business Office Cabinet, carpenter, upholstery shop Carpet and upholstery cleaners Child care, nurseries, preschool, day care centers Claim and collection agencies Computer services/sales Contractor: General building Street paving House moving & wrecking Subcontractor: Including but not limited to carpentry, painting, roofing, sheet metal, electrical, concrete construction, masonry, plastering, lathing, clearing, grading, etc Copy service Custom framing Decorator, interior Drafting service Dressmaking shop/tailors Employment agency Delivery/Express companies Exterminator, termite & pests Fence sales and installation Funeral home (including undertaking and embalming) Glass, plate: Installation Golf club sales and repair Handyman Hauling contractor: Per vehicle Health center Home nursing/daily living care (not professional) House and condo sitting Hypnotist: Therapeutic or other than therapeutic Janitor commercial/residential cleaning service Jewelry repair Land development Lawn Maintenance/Landscaping: Except contractors, architects, engineers or florists paying a city license tax as such Laundries, dry cleaners (with plant in city, pickup station with plant in city, pickup with plant out of city, or pickup service with plant out of city) Locksmith or key smith, each Machine shop and/or welder Maid service Mobile home set-up Mobile truck: Auto repair Car/mobile home washing 6 66.0C 66.0(~ 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.0C 66.0C 66.0C 66.0C 66.0C 66.0C 66.012 66.012 66.0G 66.013 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.0£ 66.0C 66.0C 66.0£ 66.0£ 66.0C 66.0C 66.0C 66.0C Equipment repairs Mower, repair only Pressure cleaning Printing, job printing Printing, job printing agent (not otherwise licensed) Reducing salon Sanding and finishing of floors Secretarialfryping service Security systems/alarms sales and installation Septic tank cleaners Sewing machine/vacuum cleaner: Dealers and/or agents & service Sign painters Solicitors and canvassers, per year Sprinkler systems, selling and/or installing Stenographer, public and court reporter Stocks & bonds, broker/firm or office Stocks & bonds, per agent or salesperson Taxidermist Telegraph systems and companies Tree surgery Water, bottled Window cleaning Pawnbroker Fortuneteller, astrologers, astrologists, clairvoyant, mind reader, etc Barbershop, beauty shop, manicurist shop, cosmetologist shop: The business owner Each non-employee licensed barber Each non-employee licensed beautician Each non-employee licensed manicurist Each non-employee licensed cosmetologist Each chair/station TRANSPORTATION (EXCLUDING TAXICABS AND PEDICABS) Airlines, railroad companies Truck lines: Receiving and/or delivery, freight or express Vehicles, including bus service and ambulance service Ambulance service (not voluntary) Bus company Handicap transport UTILITY/COMMUNICATIONS Telephone, gas, cable television, solid waste pickup, telegraph and similar utilities Cable television company Electric light and power company Gas companies: Natural and bottled gas Telephone systems and companies Television cable systems and companies ~A ~F 47.25' 47.25 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 66.00 192.50 192.50 33.00 33.00 33.00 33.00 33.00 3.3C 66.0C 66.0C 165.0C 99.0C 66.0C 99.0C 49.5( 66.00 99.00 49.50 49.50 Water and sewer Radio stations maintaining business office within city NON-CLASSIFIED (not otherwise mentioned) 31.50 94.50 62 33.00 99.00 66.00 Section 2. herewith repealed. CONFLICT. All ordinances or parts of ordinances in conflict are Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section4. EFFECTIVE DATE. This Ordinance shall take effect October 1, 2003. The foregoing Ordinance was moved for adoption by · Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Council Member Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of June, 2003. CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: Rich Stringer, City Attorney SCRIPPS TREASURE COAST NEWSPAPERS Vero Beach Press Journal 1801 U.S. 1, Veto Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, S. Darlene Mailing, who on oath says that she is Classified Inside Sales Manager of the Vero Beach Press Journal, a daily newspaper published at Vere Beach in indian River County, Florida: that the attached copy of advertisement was published in the Vero Beach Press Journal in the following issues'below. Affiant further says that the said Vere Beach Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Vero Beach Press Journal has been entered as second class matter at the Post Office in Vero Beach, indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Pub CoDvline PO # Ad # Customer Name Date 2704854 City of Sebastian 05/26/2003 ord. 0-03-08 0-03-08 PUBLIC HEARING NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA ORDINANCE NO. 0-03-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORI- DA, AMENDING CITY CODE CHAPTER 30 ARTICLE II LICENSING, SECTIONS 30-50 AND 30-51; PROVID- ING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Council of the City of Sebastian, Indian River County, Florida, will hold a public hearing concerning the adoption of the Ordinance with the title as shown above on, Wednesday,' June 11th, 2003 at 7:00 P.m. in the Cih/ ~Council C;hambers, City Hail, 1225 Main Street, Sebastian, Florida. At the conclusion of this public hearing ar at a subspquent meeting, the City Council may enact this Ordi- nance into taw. Interested parties may inspect the pro- posed Ordinance-in the: Office of the City Clerk .at City Hall and may appear al the hearing and be heard with respect to the proposed Ordinance. Any person who may wish to J appeal any decision.whichJ may be made by the CityJ Council at'this hearing will need to,ensure that a verba-I tim record of the proceedings I 's maae which record includes the testimony ana evidence upon which the appeal will be based. [F.S. 286.0105) In compliance with the Ameri- cans with Disabil ties Act [ADA), anyone who needs a special accommodation for ibis meeting should contactJ the City's ADA CoordinatorJ at 589-5330 at least 48 hours in advance of the meeting. By Sally A. Mai0, CMC City Clerk May 26, 2003 2704854r Subscribed and sworn to me before this date:' G3AI30-]'d HO~i~ OF' PELICAN ISLAND City of Sebastian, Florida Subject: Second reading and public hearing for Ordinance No. O- 03-11; petition for Voluntary Annexation by Paradise Partners Inc. for a 7.1 acres of land situated along the southeast quadrant of the intersection of County Roads 510 & 512. Agenda No. /L-~' / ? ~ Department Origin: Growth Management Tracy E. Has~ Date Submitted: June 03, 2003 ov or S ' 1 by: . For Agenda of.' June 11, 2003 Exhib'ts: O i~e No. O-03-11, letter of request, location map, survey, Chapter 171.044 F.S. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Paradise Partners Inc. recently submitted a letter of request concerning potential annexation of 7.1 acres of land located at the intersection of County Roads 510 & 512, including the existing Mobil gas station/Shark Mart. At the time of the applicant's initial request, the property was not contiguous to the City, and therefore not eligible for annexation. However, the Sebastian River Landings site, immediately east and south of the proposed, was recently annexed, which provides the subject property with a contiguous and common property boundary with property located within the corporate limits of the City of Sebastian. Consistent with land use and zoning regulations, the applicant also submitted applications for a land use change and rezoning. The existing land use within the County is Commercial Industrial (C/I) and Low Density Residential (L-l). Paradise Parmers Inc. is requesting Commercial General (CG) land use and zoning for the entire parcel. The Planning and Zoning Commission recommended approval of the land use and zoning changes for the subject property and forwarded said approval during their May 15, 2003 meeting. Additionally, City Council passed Ordinance No. O-03-11 on first reading during the May 28, 2003 City Council meeting. Furthermore, staff recommends approval of the above referenced annexation consistent with goals and objectives as outlined within the Comprehensive Plan and Land Development Code. As concerns were raised relevant to providing law enforcement support to the Shark Mart, Police Chief Jim Davis, will be available during the public hearing to discuss potential impacts the annexation may have on the City's police force. RECOMMENDED ACTION Conduct the public hearing. Staff recommends approval of Ordinance No O-~l~-I 1. "Move to adopt Ordinance No. O-03-11." ORDINANCE NO. 0-03-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 7.1 ACRES, MORE OR LESS, SITUATED ALONG SOUTHEAST QUADRANT OF THE INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner of the parcel of property described herein has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: See attached Schedule "A" containing 7.1 acres more or less, as depicted on the attached sketch. Section 2. INITIAL LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. Following its adoption, this Ordinance shall become effective concurrent with the effective date of Ordinance 0-03-10. The foregoing Ordinance 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 Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nathan B. McCollum The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of June, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney "Schedule A" Page 1 of 2 LSOAL DESC,~ON ¢ OVERALL ?AROEL3 COHHENCING AT THE NORTHEAST CORNER OF THE 50UTHWEST ~/4 OF' THE 50UTH'WEST 3./4. OF' 5EOT]ON 23. TOWNSHIP 50UT~. RANGE 3~5 EAST. RUN NORTH 8c{'53'45' WEST A DISTANC,E OF' q5~'24 F'J';L-T, 'THENCE RUN 50LIT'rt O0'Oq'4q' EAST DISTANC, E OF' 43.G2. t"EET TO THE POINT OF BEC~NNING OF THE FOLLOWING DESC~'J~ED PARC, D..~ THENCE CONT]Nr. JE 50UTH .O0'Oq'4q' EAST A DLSTANC,E OF' 62.5.35 I~i"ETj THENC,E RLJN SOUTH 8~'DO"J.~.' WEST A D[STANC, E OF 300.00 FEL-'T TO THE .EASTERLY RIGHT-OF-WAY OF' C,OUNTT ROAD 510~ THENCE RI. JN NORTH 00"13'~5~ WEST A DI-C, TANC,E OF' Go0.O0 FELT 1'0 THE 50UTHERLT ~C_.,HT-OF-WAT OF STATE ROAD 532.. THENCE RUN ALONG 5A~D STATE ROAD 51-2. ~GI'tT-OF.-WAT ALONG THE ARC OF' A CURVE CONCAVE TO THE NORTHWEST, HAVING AN ARC LENGTH Of' 301..q4 F'ELT. A RADIUS OF' F'EET AND AN INCLUDED ANC, L5 Of' 0~5'23'52.', A C,HORD BEARING OF' NORTH 85'00'57' EAST AND A C, tIORD DISTANCE Of' 303..G7 1~. TO THE ?OINT (DF. BEC. a,INING. AND ALSO COI"II"IENC, ING AT THE NORTHEAST CORNER Of' THE 50UTHWEST L/'4 OF THE 50UTHW~'ST 3.?4 Of' SECTION 23. TOWNDHt? SOUTH. RANG,,5' 3~5 EAST. RIJN NORTH 5q'53'45' WEST A DISTANC,E OF ¢{56.2.4 F'EET, THENCE RUN 50UTH OO'O'~'4q' EAST DISTANC,E OF 43.6Z rErr TO THE POINT OF BEC~NNING 01" THE F.OLLOWlNG DESC,RIBED I:'ARCEL, ALONG THE 50UTHERLT RJC..,HT-OF-WA¥ OF STATE ROAD 5~.Z. THENCE RIJN ALONG 5AID STATE ROAD 53.2. RIGHT-Of'-WAT ALONG THE ARC Of' A C,URVE GONG,AVE TO THE NORTHWEST. HAVING AN ARC, LLgJGTH OF 2.04.45 F.EET, A RADIUS OF 2060.00 I='EET AND AN INCLLIDED ANGLE OF 05'41.'11'. A CHORD BEARING OF NORTH 77'56'25' EAST AND A CORD DISTANC, E OF 204.36 THENCE RUN 50UTH 00'0'~'4¢{' EAST A DISTANCE OF 667...5~ F'EET, THENCE RUN 50LITH 8,':{'50'3.~.' WEST A 'DISTANC, E OF" 200.00 F'k-ST, THENC,5 RUN NORTH 00'0~'4¢{' WEST A DISTANCE OF' 62.5.35 FEET TO THE SOUTHERLT ~GHT-OF-WAT Or STATE ROAD 512. AND THE ?O~T OF' DEC, INNING .... 1.04.5 {LESS + EXCEPT) SHARK MART ~ ~ b ~ ~ 10' ZONING - GO LAND USE - C/I 200.00' ZONING - GQ LAND USE - C/I ZONING - A! LAND USE - L-1 .300.00' 200.00' ~ ,5q'50'11' W 500.00' SEBASTIXN CITY ooooo oooo~o REQUESTED ANNEXATION PARADISE PARTNERS/SHARKIVIART ooooo 6000 oo0o6.o SEBASTIAN RIVER LANDINGS SW 1/4 Section 23 31s-38e map # 0Z36 compiled 07116102 by lite Indian River Courtly Properly Appraiser's Office page 1-83 Permit ApHIIcat~n No, City of Sebastian Development Order .~hnplic~tion Applicant {If not owner~ a~'fften a~'hoi-~3tion (notaH;z:ed} from o~er Is requl~ Name: Add--s: P~e Num~n (~)~ ~ ~ E~a~: PA~Number:. ('7'7~,)~_~- Owner (If differarff from applicantl Phone Number:. ( ) FAX Number:. ( ) - E-Mail: Title of permit or action reque~t~:l:.. /~/N ~'~ E'v,'----- J PLF-ASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NE'~E$SARY FOR THE PEP, MIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL ~IA~3S, 5'~J~'YS~ DRAWINGS, ETC, SHALL BE A'rTACI~J3 AND 8-112" BY 11 ' COPIES O~ ANY A~{'ACHMENTS SHALL BE INCLUDED, A3'rACH THE APPROPRIATE 8UPPLEb~'T^L INFORMATION FORM. * ''''''''"''''' (''''''''''''''''' I B. Site Information , Let: Block: Unit:" Subdivision: Indian River County Parce_~ . ~dng Use: / _ ' , ~ ~e: C. Detailed descripfien of proposed actNity and purpose of the r~luested permit or action (attach sheets if DATE RECEIVED: ~// 11~ Pemltt App{lcation No. D, Pro~'"t Personnel; A~ent: Phcme Number:. ( ) FAX Ni.qllber. ( ) E-~ai: At~rne~ Adc~mss Pt~ne Number, ( ) FAX Number, E-Mall: Engineer:. Name: Addmss Phone Number, ( ) FAX Number. E-Mall: Surveyor:, Name: Phone Number;. ( ) - FAX Number, E-Mall; l, ~c~.~_.~L.'~EA~ ~. BTh~'{- , ~ ~E ~ R~ESE~ 0F ~E OWNER OF ~E ~P~ DESC.,~ WHl~ ~ ~ SU~E~ ~R OF ~IS A~TE ~O ~UE TO ~E BEST OF oF ~ ,20~ ~ I~R~ON, ~1~ [~ ~Y · The following Is required fc]r all comprehen~i~re plan amendments, zoning am~dmen~ (including ~zoning), site pla~ conditio~l u~ p~its, sp~iai use ~its, ~Hances, e~tions, and ap;~is. ~E, ~E OWNER(S) / ~E~ R~SENTATI~ OF ~E ~E SUBJE~ OF ~ ~ON, HEREBY A~ B~MM~N ~ ~E C~ OF S~AN TO P~SI~Y EN~R UP~ ~E PROPER~ ~ ~1~ ~E PROPER~ IN ~N~ON WI~ MWOUR ~NDING [/WE HEREBY WANE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QIJASt-JUDICIAL NATURE OF THE PROC. EEDINC_~, RESULTING FROM ANY [~:3ARo/COMMI:~SION [~EME~ER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR A,~SERTIQN THAT MY/OUR PROCEDURAL OR SUB.~TANT1VE DIJE PROC. ES~ RIGHTS UNDER THE FLORII:IA CONSTITUTION OR THE UNITED ,.~TATE5 CONSTITUTION WERE VIOl.Al'ED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT 1-~ BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS i RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE ~ OF SEBASTIAN. P. / / .... before me by '~c ~--~~ .~- ~-y/~,~.'~'. ~'-wJ~ is personally kno~_to.~e or pmdu _ce_d_ Notary's Signature \ ~ ~' ~L ~ ~ Printed Name of Notary ~ Dc:~~ ~4- /~ u~ ~ Commission NoJExpirafi~n ~ ~ Seal: I ~.?~.DOI~OTI-IY fyi. BOSWORTI-I I ~ ~!~ .. MY COM~]SS;ON # CC 9S034S 171.044 Voluntary annexation.-- (1) The owner or owners of real properb/in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of' such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Upon publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection shall not be the basis of any cause of action challenging the annexation. History.--s. 1, ch. 74-190; ss. 4, 5, ch. 75-297; s. 3, ch. 76-176; s. 2, ch. 86-113; s. 1, ch. 90-171; s. 16, ch. 90-279; s. 16, ch. 98-178. CNi · PUBLIC HEARING NOTICE VOLUNTARY ANNEXATION CITY OF SEBASTIAN, FLORIDA The City Council of the City of Sebastian, Indian River Connty, Florida, has received-a petition for voluntary annexation for property whose owner proposes commercial development, and therefore proposes to adopt the following ordinance: ORDINANCE NO. O-t)3-11 AN ORDINANCE OF THE' CITY OF SEBASTIAN. FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 7.1 ACRES. MORE OR LESS, SITUATED ALONG SOUTHEAST QUADRANT OF THE INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION: PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. A public hearing on the ordinance will be held on Wednesday, June 11, 2903 at approximately 7:00 p.m. in the City Council Chambers, City Hall. 1225 Main Street. Sebastian. Following the public hearing, the City Council may adopt the Ordinance to .annex the properq, as shown in the map generally described in the ordinance title above: SW 1/4 Section 23 3~.s-38e Interested parties may inspect the proposed ordinance and the complete legal description of the property by metes and bounds in the Growth Management Department at City Hall, Monday through Friday 8 a.m. to 4:30 p.m.. and may appear at the hearing and be heard with respect to the proposed ordinance. Any person who may wish to appeal any decision which may be made by the City Council at this hearing will need.to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.) In compliance with the Americans with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 589- 5330 at least 48 hours in advance of the meeting. By: City of Sebastian Friday, June 6, 2003 The Press Journal A.'L3 PUBLIC HEARING NOTICE VOLUNTARY'ANNEXATION CITY OF SEBASTIAN, FLORIDA The City Council of the City of Sebastian, Indian River County, Florida, has received a petition for voluntary annexation for property whose' owner proposes commercial development, and therefore proposes to adopt the following ordinance: ORDINANCE NO. O-03-11 AN ORDINANCE OF THE CITY OF-SEBASTIAN, FLORIDA, PROVIDING 'FOR THE VOLUNTARY ANNEXATION OF 7.1 ACRES, MORE OR LESS, SITUATED ALONG SOUTHEAST QUADRANT OF THE~.INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. A public hearing on :the ordinance will be held on Wednesday, June 11, 2003 at approximately 7:00 p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian. Following the public hearing, the City-Council may adopt the Ordinance to annex the property as shown in the map below and generally described in the ordinance title above: SW 1/4 Section 23 31s-38e 'Interested parties.may inspect the proposed ordinance and the comPlete legal descriptio~ of the propertylby metes and bounds-in the .Growth Management Department . at City Hall, Monday through'Friday 8 a.m. to 4:30 p.m, and may appear at the hearing and be heard with respect to the propoSed ordinance. Any person .who may wish to appeal any decision which may be made by the City Council at this hearing will need I~o ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. (286.0105 ,ES.') In compliance with the Americans with Disabilities. Act (ADA), anyone who needs a special accommodation for this meeting .should contact the City's ADA Coordinator at .589- 5330 at least 48 hours in advance of the meeting. By: City Of Sebastian City of Sebastian, Florida Subject: Second reading and public hearing of Ordinance No. 0-03-09; land use amendment for 7.1 acres of land situated along the southeast quadrant of the intersection of County Roads 510 & 512. AgendaNo. ~,/~ (~ Department Origin: Growth Management Tracy E. Hass~ Date Submitted: June 03, 2003 ~l~proved ttpr'/S u b m it t a,l,,)b y .'.....~. ...... / k~~,~......_...~_. For Agenda of: June 11,2003 ~dl~t 'r / / t - - · s: O din~Se No. 0-03-09, location map, application, and staffreport. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Paradise Partners Inc. recently subrrfitted a letter of request concerning potential annexation of 7.1 acres of land located at the intersection of County Roads 510 & 512, including the existing Mobil gas station/Shark Mart. At the time of the applicant's initial request, the property was not contiguous to the City, and therefore not eligible for annexation. However, the Sebastian River Landings site, immediately east and south of the proposed, was recently annexed, which provides the subject property with a contiguous and common property boundary with property located within the corporate limits of the City of Sebastian. Consistent with land use and zoning regulations, the applicant also submitted applications for a land use change and rezoning. The existing land use within the County is Commercial Industrial (C/I) and Low Density Residential (L-l). Paradise Partners Inc. is requesting Commercial General (CG) land use and zoning for the entire parcel. The Planning and Zoning Commission recommended approval for said request during the requisite public hearing held during their regular meeting on May 15, 2003. Additionally, the City Council passed Ordinance No. 0-03-09 on first reading during the May 28, 2003 meeting. Furthermore, staffrecommends approval of the above referenced land use amendment consistent with goals and objectives as outlined within the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION Conduct the public hearing. Staff recommends the City Council adopt Ordinance No. 0-03-09. "Move to adopt Ordinance No. O-03-09." ORDINANCE NO. 0-03-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAL INDUSTRIAL (Cfi) AND LOW DENSITY RESIDENTIAL (L-l) FOR LAND CONSISTING OF 7.1 ACRES, MORE OR LESS, SITUATED ALONG SOUTHEAST QUADRANT OF THE INTERSECTION OF CR 510 AND CR 512; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of Paradise Partners, Inc. for an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation of Commercial Industrial (C/I) and Low Density Residential (L-l) to a designation of Commercial General (CG) in the City; and WHEREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public heatings to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Schedule "A" containing 0.75 acres more or less as depicted on the attached sketch. Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate said property as Commercial General (CG) in accordance with the requirements of Florida law. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon execution. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of June, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney "Schedule A" Page 1 of 2 LEGAL DESCRIPTION C OVERALL PARC, ELD COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1./4 OF THE 50UTHWEST ~./4 OF SECTION 2,5. TOWNSHIP SOUTH. RANGE 3~5 EAST. RUN NORTH 8c~'53'45' WEST A DISTANCE OF q55;24 FJ~ET~ 'THENCE RUN SOUTH O0'Oq'4ct' EAST DISTANCE OF 45.G2 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESGRII~ED PARGEL~ THENCE CONTINUE SOUTH O0'O'a'4ct' EAST A DISTANCE OF G2.5...55 FEET~ THENCE RUN 50UTH 6c]'50'1.'i' WEST A DISTANCE OF 500.00 FEET TO THE · EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 5~.0~ THENCE RUN NORTH 00'~.5'~.5' WEST A DISTANCE OF GO0.O0 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF STATE ROAD 51.2.. THENCE RUN ALONG SAID STATE ROAD 51.2. RIGHT-OF-WAY ALONG THE ARC OF A CURVE CONCAVE' TO THE NORTHWEST. HAVING AN ARC LENGTH OF 501..cl4 FEET. A RADIUS OF 2.0GO.O0 FEET AND AN INCLUDED ANGLE OF 06'2.,5'52.'. A CHORD BEARING OF NORTH B5'00'57' EAST AND A CHORD DISTANCE OF 301.G7 FEET. TO THE POINT OF BEGINNING, AND ALSO OOMMENOING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1_/4 OF THE SOUTHWEST 1./4 OF SECTION 2,5. TOWNSHIP 50UTM. RANGE 56 EAST. RUN NORTH 8c~'53'45' WEST A DISTANCE OF c]56.24 FEET! THENCE RUN SOUTH O©'Oq'4q' EAST DISTANCE OF 4.,5.G2 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCF'L~ ALONG THE SOUTHERLY RIGHT-OF-WAY OF STATE ROAD 51.2.. THENCE RUN ALONG SAID STATE ROAD 5~.2- RIGHT-OF-WAY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST. HAVING AN ARC LENGTH OF 2-04.45 FEET. A RADIUS OF 2-OGO.O0 FEET AND AN INCLUDED ANGLE OF 05'4~.'1.~.'. A CHORD BEARING OF NORTH 77'56'2.5' F'AST AND A CORD DISTANCE OF 2.04.5G FEET~ THENOE RUN 50UTH 00'0c1'4.c~' EAST A DISTANCE OF GGT.SG FEET~ THENCE RUN SOUTH g~q'50'1.~.' WEST A DISTANCE OF 200.00 FEET, THENCE RUN NORTH 00'0ct'4cl" WEST A DISTANCE OF G25.35 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF STATE ROAD 512 AND THE POINT OF BEGINNING. SHARK HART 1.045 AC~ES +/- EXCEPT.) ZONING - GO LAND USE - C/I b ~q 10' 200.00' r q ZONING - GQ LAND USE - C/l 5, 8q'50'11' W 500.00' ZONING - A1 LAND USE - L-1 ZO0.O0' · NMOHS SV 3SV8 9NI~¥3E] '9 IFlddl~S NOLLdIWOS3(] 9¥039 'g '"1¥3S S,;~OA3A~If'IS I¥ FLLI/~ C]:3'1¥3S $S3'INFi ~S SIH.L 30 SNOLLOI%IO~tcI:a~ FLLO SS3'INFI '~IFLL¥O J3H (N/~,OHS _-ti) SNOLLYA3'i3 ' N/V, OH$ $¥ 3~1:3H NNtOHS /~0~1~¥ pU.~JON '~ ~O/(]N¥ A¥/,A-30--S.LFISI~I ~103, 3~3/~A NO3~3H N/~OHS SC]N¥-l M. LEGAL DESCRIPTION ( OVERALL PARCEL) COMMENCING AT THE NORTHEAST OORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23. TOWNSHIP 31 SOUTH. RANGE 38 EAST. RUN NORTH 8q"53'45" WEST A DISTANCE OF ¢1B&.24 FEET~ THENCE RUN SOUTH O0*Oq'4q" EAST A DISTANCE OF 42).G2 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL~ THENCE CONTINI:JE SOUTH O0'Oq'4q' EAST A DISTANCE OF G25.35 FEET~ THENCE RUN SOUTH Bq'50'13.' WEST A DISTANCE OF 300.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 5~.0~ THENCE RUN NORTH 00'~.3'15' WEST A DISTANCE OF GO0.O0 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF STATE ROAD ,.5~.2. THENCE RUN ALONG SAID STATE ROAD 512_ RIGHT-OF-WAY ALONG~ THE ARC OF A CURVE CONCAVE TO THE NORTHWEST. HAVING AN ARC LENGTH OF 301-.q4 FEET. A RADIUS OF 20GO FEET AND AN INCLUDED ANGLE OF 0[5'2,3'52', A CHORD BEARING OF NORTH 65'00'57' EAST AND A CHORD DISTANCE ,. AND ALSO COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1./4 OF THE SOUTHWEST '~/4 or SECTION 23. 50UTH. RANGE 38, EAST. RUN NORTH 8~°B3'45" WEST A DISTANCE OF' qB&.24 FEET~ THENCE RUN SOUTH O0"Oq'4q" EAST A DISTANOE OF' 43.G2 FEET TO THE POINT OF' BEGINNING OF THE FOLLOWING DESORtBED PARCEL~ ALONG THE RIGHT-OF-WAY OF STATE ROAD 512. THENCE RUN ALONG SAID STATE ROAD 512 RIGHT-OF-WAY ALONG THE ARC OF A CURVE OONOAVE TO THE NORTHWEST. MAVING AN ARO LENGTH OF 204.45 FEET. A RADIUS OF 20GO.O0 FEET AND AN INOLLIDED ANGLE OF' 05"41'1.1'. A CIdORD BEARING OF NORTH 7'7"58'25' EAST AND A OORD DISTANCE OF' 204.36, FEET~ TItENOE RUN SOUTH O0'Oq'4q' EAST A DISTANCE OF GG7.S6 FEET~ THENCE RUN SOUTH B~'50'11' WEST A DISTANCE OF 200.00 FEE% THENCE RUN NORTH O0'Oq'4~" WEST A DISTANCE OF G25.35 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF STATE ROAD 522 AND THE POINT OF BEGINNING. ~HAE~ J"JA~T 1.045 AC,~E.% +/- CLE~$ + EXGEPT) ZONING- GO LAND USE - C,/I 200.00' 10' rO 10' OJ ZONING - LAND USlf - C,/I 300.00' 5 8q'50'11' W O O 0 0 500.00' ZONING - Al LAND USE - L-1 ZO0.O0' REQUESTED ANNEXATION PARADISE PARTNERS/SHARK1VIART SEBASTIAN RIVER LANDINGS SW 1/4 Section 23 31s-38e map # 0736 compiled 07/16/02 by the Indian River County Properly Appraiser's Office page 1-83 P~rmlt Appllc~tton No. City of Sebastian Development Order Application Applicant {If n~t owner, written author!__~at~!on (n~artzed)_from owner is required) E-Mail: .... Owner (If different from applicant) Ad, tress: Phone Number. ( ) FAX NumUer: ( ) - E-Mail: Title of permit or action requested:. PLEASE ¢OMPI. ETE ONLY THOSE SECTIONS WHICH N~E NECES,.eCJ~Y FOR THE PEPJVIIT OR ACT1ON THAT YOU ARE REUuESTING. CQPIffS OF ALL. MAP6, SURVEYS, ORAWING$, ETC. SHALl. BE ATTACHED AND 8-112" a'r 11" COP~ES OF ANY ATTACHMENTS SHALL BE INCLUDED. A'H'ACH TN~= APPROPRIATE SUPPLEMETAL INFORMATION FORM. B. Site Information ^ddt= 99clc) q~ ~ve.. ? Ve~co Bc.h., Lot: B{ocY,: Unit: Subdivision: Indian River County Parcel ~ . . . ~ F~L~Use:c/~ ~ ~-~ ~ng U~: ~/~/~~ ~ v~~ DATE RECEIVED: ~_.//d¢/C~.~ FEE PAI~ $ t0o~. ,~ RECEIVED P~rmlt Aopllcatl~n N~. O. Project Personnel: Agent: Phone Num0er:. ( ) FAX Number, ( ) - E-Mail: Attorney: Phone Number:. ( ) FAX Number, ( ) - E-Mail: Engineer: Name: Address Phone Numbe~. ( ) FAX Num0er: ( ) E-Mail: Surveyor:. Phane Ntard~r. ( ) FAX Numl~er, ( ) - E-Mail: I, ~L~-O-'~t~' ~*~. grU~L~O~- , BEING FI~ D~Y ~ AND ~UE TO ~E g~T OF MY KNO~ AND ~ ~ / -- PRI~ ~E OF NOT~Y ~ ~ ) . [ ~ MYCOMMI~ION ~ I~ARY ~ N~-/~i~ & ~ln~, ina Permit Application No. The following Is requirad for ali compreh, nsive plan amendments, zoning amendments (including rezoning), site plans, conditlo~li usa permits, special m permits, variances, exceptions, and appeals. THE SUBJECT OF THIS APPI..J~TION, HEREaY AUTHORIZE EACH AND EVERY MEMBER OF THE L;iT~ B(:3.,~DtCOMMISSlON QF THE CrtrY OF SEBASTIAN TO PHY,~CALLY ENTF. R UP(3N THE PROPERTY AND VIEW THE PRC~EP. TY CONNECTION WiTH MY/OUR pENnING APPLICATION. [/~ HEREBY WAIVE ANY OI~IECTION OR DEFENSE I/WE MAY HAVE, nUB TO THE QUASI-JUDICIAL NATURE OF THE PRQCF. EDING,S, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTER]NG QR VIEW1N(3 THE PROPERTY, [NCLUOING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER 3'HE FLORIDA CONETITUTION OR THE UNI'rED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERIt'~ OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VI::X. UNTARILY AND NOT AS A RESULT OF ANY COBR~ON APPLIED, OR PRQMiSE5 MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR 13R OF'~ICIAL OF THE CiTY OF SEBASTIAN. ~IGNATURI= ' DATI5 ' Primed Name of Notary Commission No./Expiration , Seal: ~T ~%DOROT}r,' ~4. BOSWORTH ~, ~ ~ MY COMMISSION # CC 950345 ~'0r~~:~ EXPIRES: ./un 28, 2004 1,.800-a. NOTARY FI. Notary Service & Bonding. Inc. Supplemental Information Comprehensive Plan Amendment (Land Use) Permit Applica'don No. ATTACH ADDIT1QNAL PAGES IF NECESSARY. I 1. Current [and use map designationi ~- ~- C ~- ~c> u.~.~ C ~ __ 2. Proposed land use map designation: ~_~ __ 3. Size of prolect In acres: -~- II Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City, Is the proposed amendment consistent with the other elements of the comprehensive plan? If not, which one(s)?. Is the proposed amendment, in conformance with applicable substantive requirements of the city cf Sebastian Code cf Ordinances? If not, which one(s)? .... ~ m What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed Is the proposed amendment compatible with the existing or future land uses of the city?. If not, why not? __ 9. Am there adequate pul~lic facilities to serve the proposed land use? If not, which one(s) are not adequate? 10. Would the proposed amendment result in a significant adverse impact on the natural environmen[? If so, descn'be the impact. Pmrmi[ Application No, 11. Would the proposed amendment adversely affect the property values of the area, the general health, safety and welfare and Impact the financial resources of the city?. If so, describe how. 12. Does the proposed amendment result in an orderly development pal/em? not, describe. ~ If 13. Attached the following: a. A verified statement shc~wing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded ~1 a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. b. Attach a list of the names and addresses of all owners of parcels of real proDerty within three hundred (300) feet of the parcel to be c~nsidered. c. A survey and legal description of the property for which the land use amendment is being requested. 6. 7. 8. Growth Management Department Comprehensive Plan Amendment Application Staff Report Project Name: Paradise Partners Inc./Shark Mart Land Use Amendment Requested Action: Land Use Change from C/l and L-1 (County) to CG Project Location a. Address: 9490 90th Avenue Vero Beach, Florida 32967 b. Legal: See attached Indian River County Parcel Number: 31-38-23-00000-5000-00005.6 31-38-23-00000-5000-00005.3 Project Owner: Paradise Partners, Inc. 953 Old Dixie Highway, Suite B-2 Vero Beach, Florida 32960 (772) 567-5320 fax: (772) 567-0443 Project Agent: Same as Above Project Engineer: None Project Surveyor: Project Description ao Narrative of proposed acti'°n: Paradise Partners Inc. recently submitted a letter of request concerning potential annexation of 7.1 acres of land located at the intersection of County Roads 510 & 51.2, including the existing Mobil gas station/Shark Mart. At the time of the applicant's initial request, the property was not contiguous to the City, and therefore not eligible for annexation. However, the Sebastian River Landings site, immediately east and south of the proposed, was recently annexed, which now provided the property with contiguity. Consistent with land use and zoning regulations, the applicant also submitted applications for a land use change and rezoning. The existing land use within the County is Commercial Industrial and Low Density Residential. Paradise Partners Inc. is requesting Commercial General land use and zoning for the entire parcel. Current Zoning: Adjacent Properties North: East: South: West: (5) (6) (7) (s) (9) CG/A-1 (County) Current Land Use Vacant Vacant Vacant Vacant Zonin.q CL (County) PUD(R) CL CL (County) Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: Flood Hazard: Water Service: Sanitary Sewer Service: Parks: Police/Fire: Comprehensive Plan Consistency f. g. h. Future Land Use C/l (County) LDR CL C/I (County) 7.1 acres Gas Station/Convenience Store/Vacant Electra Cleared Zone X Indian River County Utilities Indian River County Utilities Barber Street- 1 mile Indian River Fire - 1 mile Sebastian Police- 5 miles Future Land Use: Traffic Circulation: Public Facilities: Housing: Consistent Consistent Consistent Consistent Coastal Management: Recreation and Open Space: Conservation: Consistent Intergovernmental Coordination: Consistent Consistent Consistent 10. 11. 12. 13, 14. 15. 16, 17. 18. 19. Conformance with Code of Ordinances: Consistent Changed Conditions: A portion of the subject property is being utilized as a gas station/convenience store with the remaining land currently undeveloped. The applicant desires to annex the property with Commercial General zoning to be consistent with surrounding properties and permit highest and best use of the subject property. Land Use Compatibility: The adjacent properties to the north, south and west are zoned for commercial use. The proposed land use amendment for conversion to CG will permit commercial zoning and use of the property consistent with neighboring properties within the 512/510 corridors. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing/permitted uses in the area. Adequate Public Facilities: Provided - public utilities (water, wastewater) are available within the immediate area. Natural Environment: No change or impact to natural'environment anticipated with this request. Economic Effect: Annexation of the referenced 7 acres of commercially zoned land will permit for an expansion of the commercial tax base within the community. Orderly Development:' The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to commercial property and availability of sufficient public facilities and access. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave, it is adjacent to the urban service area, and would most likely be better served by municipal services. Current zoning and land use classification for the property permit commercial/residential uses. Due to location, commercial uses are most practical for the subject property, and the proposed change to CG is consistent with the. future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. Analysis: Paradise Partners Inc. recently submitted a letter of request concerning potential annexation of 7.1 acres of land located at the intersection of County Roads 510 3 & 512, including the existing Mobil gas station/Shark Mart. At the time of the applicant's initial request, the property was not contiguous to the City, and therefore not eligible for annexation. However, the Sebastian River Landings site, immediately east and south of the proposed, .was recently annexed, which now provided the property with contiguity. Consistent with land use and zoning regulations, the applicant also submitted applications for a land use change.and rezoning. The existing land use within the County is Commercial Industrial and Low Density Residential. Paradise Partners Inc. is requesting Commercial General land use and zoning for the entire parcel. 20. Conclusion: The requested land use change from Cll & L-1 (County) to CG is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested land use change from C/I & L-1 to CG. P REP~D BY DATE 4 Friday, May 30, 2003 The Press Joumai A1 N ICE OF.COMPREHENSIVE PLAN LAND USEAND'ZONING 'MAP AMENI)MENT The. City Council of the City. of Sebastian, Indian River CoUnty, Florida, proposes to adopt the following ordinances: ORDINANCE NO.'O-03:09 AN ORDINANCE OF THE CITY OF-SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO'TItE COMPREH]gNSITV'E PLAN :WHICH AMENDS THE FUTURE LAND USE MAP' TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY LAND 'USE DESIGNATIONAS COMMERCIAL INDUSTRIAL (C/ I) AND LOW DENSITY RESIDENTIAL (L-l) FOR LAND CONSISTING OF 7.1 ACRES, MORE OR LESS, SITUATED . ALONG SOUTHEAST QUADRANT'OF THE INTERSECTION OF CR 510 ANB,.CR 512; AUTHORIZING;. FINDINGS~ AND. ADMINISTRATIVE, ACTIONS;. PROVIDING FOR CONFLICTS; PROVIDING .FOR SEVERAB1LITY; AND PROVIDING FOR EF~FECTIVE DATE. ORDINANCE NO. O-03-10 AN ORDINANCE' OF.'-THE CITYi OF SEBASTIAN, FLORIDA, DESIGNATING AN: : INITIAL ZONING CLASSIFICATION. OF.' COMMERCIAL GENERAL FOR ANNEXED LAND WITH~.A PRIOR COUNTY ZONING -DESIGNAT. ION AS GENERAL COMMEI{CIAL ~'(GC):.:-~AND":AGRICULTURE (A-l) FOR .LAND _CONSISTING OF.7.1,ACRES;.MORE OR' LESS, SITUATED ALONG SOUTHEAST QUADRANT OF.' THE INTERSECTION' OF. CR. 510 AND"CR '512;; PROVIDING "I~OR REPEAL OF ORDINANCES:-OR PARTS OF ORDINANCES IN CONFLICT 'HEREWITH; PROVIDING' FOR · SEVERABILI'I~.; AND PROVIDING FOR AN. EFFECTIVEDATE. Public hearingson ~the ordinances willbe held on June 11, 20031 at approximately .7:00 p,m. in the City. Council' Chambers, City .Hail, 1225 Main Street, Sebastian, Florida:~ HOME OF ~ICAN L%AND City of Sebastian, Florida Subject: Second reading and quasi-judicial public hearing for Ordinance No. O-03-10; rezoning request for a 7.1 acres of land situated along the southeast quadrant of the intersection of County Roads 510 & 512. ~l~roved~S~y: EX'x~ts: Ord~n,~ No. O-03-10, location map, AgendaNo. (f)~. // 7 Department Origin: Growth Management Tracy E. Hass ~-~ Date Submitted: June 03 2003 For Agenda of: June 11, 2003 application, and staffreport. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Paradise Partners Inc. recently submitted a letter of request concerning potential annexation of 7.1 acres of land located at the intersection of County Roads 510 & 512, including the existing Mobil gas station/Shark Mart. At the time of the applicant's initial request, the property was not contiguous to the City, and therefore not eligible for annexation. However, the Sebastian River Landings site, immediately east and south of the proposed, was recently annexed, which now provided the property with contiguity. Consistent with land use and zoning regulations, the applicant also submitted applications for a land use change and rezoning. The existing zoning within the County is General Commercial (GC) and Agriculture (Al). Paradise Parmers Inc. is requesting Commercial General (CG) land use and zoning for the entire parcel. The Planning and Zoning Commission recommended approval for said request during the requisite public hearing held during their regular meeting on May 15, 2003. Additionally, City Council passed Ordinance No O-03-10 on first reading during the May 28, 2003 City Council meeting. Furthermore, staff recommends approval of the above referenced zoning amendment consistent with goals and objectives as outlined within the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION Conduct the quasi-judicial public hearing. Staff recommends the City Council adopt Ordinance No. 0-03-10. "Move to adopt Ordinance No. O-03-10." ~J ORDINANCE NO. 0-03-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS GENERAL COMMERCIAL (GC) AND AGRICULTURAL (A-I) FOR LAND CONSISTING OF 7.1 ACRES, MORE OR LESS, SITUATED ALONG SOUTHEAST QUADRANT OF THE INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Paradise Partners, Inc., has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council as made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. 'F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Schedule "A" containing 7.1 acres more or less as depicted on the attached sketch. Section 2. REZONING. The real property described in the attached Exhibit "A" is hereby given an initial City zoning designation of Commercial General (CG). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the subject property and reflect this designated zoning district. Section 4. CONFLICT. All ordinances or pans of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any pan of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall take effect upon execution. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum by Councilmember and, The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of June, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 1.04,5 ACRES +/- ELE$S + EXCEPT) ZONING - GO LAND USE - C/I 200.00' 10' ZONING - GO LAND USE - C/I 0 0 0 0 L=204.45' E=2.0GO.O0' CH.=204.3G' N77'DS'25'E 300.00' ZONING - A1 LAND USE - L-1 ZO0.O0' 5 8q'50'11' W 500.00' SF. B AS'TI ~. N CITY ooooo REQUESTED ANNEXATION PARADISE PARTNERS/SHARK/VI-ART SEBASTIAN RIVER LANDINGS SW 1/4 Section 23 31s-38e map # 07.36 compiled 07/16/02 by the Indian River Cottnty Property Appraiser's Office page 1-83 Permit Applle..atl~ No. i,City of Sebastian ~..~.~ Development Order Application Applicant (If not ownert written authorization (nota~)_from owner Is required) Name: Phone Number, ('TT,~.)b'-~9 ~ ~ ._. E-Marl: Own_el(If diffemM from applicant) Address: Phone Number: ( ) - FAX Number. ( ) - E-Mail: Title of permit or eeIian requested; ~-~-OhJ I N ~ PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-'1/2" BY 11" COPIES OF ANY AI'I'ACHMEN'r~ SHALL BE INCLUDED, ATTACH THE APPROPRIATE ~UPPLEMETAL INFORMATION FORM. IA. Pmject Name (if applicable): l)/~t~.,~- ~;:::::'~j~3e.~-[/ B, Site Information Address: Iht: Black: Unit S~ulodivisi~n: ' ExJstine Use: Proposed Use: Detailed description Df proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv~: /~-~-e- 7~ CC,- - e~vv, me~e.e,../~,4. ~a.~me,,+~ DATE R ECEIV ED:~'~/~/~..~..~ FEE PAID:~ (.o 5'~. o~ ~ 15(1 RECEIVED B~. Permit Appllcat~n No. D. Project Personnel: Agent: Name: Phone Number;, ( ) - FAX Number;, '( E-Mall'. Attorney: Name: Phone Number:, ( ) FAX Numbe~ ( ) E,4~lail: . _.Engineer: NarnB: Phone Number:. ( ) FAX Number:, ( ) E-Mail: Surveyor:. Phone Number: ( ) - FAX Number: ( ) - E-Mail: AM THE LEGAL REPRESF. NT~IVE oF THE OWNER OF THE laROPERTY DESCRIBED WHICH IS THE SUBJECT MAT'T~R OF THIS APPLICATION, AND THAT AiL THE INFORMATION. MAP~I, DATA AND/OR ~KETCHE5 PROVIDED IN TH~ APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLFJ3GE AND BELIEF. WHO IS PERSONA~ l ¥ la~nw~ 'rm HE -.n~-P_ ROOUCED . -~s.~,~meC~T~0N, TH~S b "'~YoF ~/~- __, .20 ~:5. PmNTEDNAMEOFNOTAEY _ .~~ ~44- ~St..~ . COMMISSION NOJEXP~RATION - ~ - ' Permit Application No. The following Is required for all oampr~henalvB plan am~ndmsnts, zo~dng nmndmBn~ (inoludir~ rezoninG), sltB plans, oonditionad use p~rlnlts, speoiai use p~rmlts, vlrlanoes, · xoe~tions, and Bppmls. I/WE, THE OWNER(S) /_.~_~.~THH LEOAL REPRHSHNTATIV~ OF THE OV~ER($) OF THE PROPHF~' OESORIB~p WHICH IS THE. SUBJECT OF THIS APPLI~-;~uN, HEREBY AUTHORIZE -EACH AND EVERY ML=MBER OF THE ~ {'1'-'~ L"~AJ~.IL. / t~r .~ CGI4,t~ . BOARDICOMMI,~ION OF THE CITY OF ~EBASTIAN TO PHYSICALLY ENTER UPON THE PROPEI~TY AI~D VIEW THE F~OPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/~ HEREBY WAIVE ANY OBJECTION OR DEFENSE ~ MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARI~COMMI.~.~ION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR A.~ERTION THAT MY/OUR PROCEDURAL OR SUa~r'ANTIVE DUE PROCES-e, RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONI~BTUTION WERE VlOI.~'I'~D BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME]US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISE~ MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CI'~ OF SEBASTIAN. ~'IGNATURE ' ' DATE/ / ('~hd Is personally known to ~md.uc~ d . Nota~/s Signature Pflnted Name of Notary Commission No,/Expiratlon Seal: ~,~DOROTHY M. BOSWORTH ~ ~ .~ MY COMMI,~$1ON .~ CC 950345 '£or ~.~ ~PIRES: Jun 2,8, 2004 1-800,3-NOTARY FL Notary SerVice & BOnding, Inc. HOME OF PEUCAH IS'LAHD Permit Applicafic)n No. Supplemental Information Re, zoning Request AI'rACH ADDITIONAL PAGi~ IF NECESSA,~f, 1, Proposed zonir~g: C ~ · 2. EXl31ain how the proposed rezc)ning is consistent with the other elements of the comprehensive plan. 3. Explain how the proposed m, zoning Is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. What land use and development changes have occurred since the elfecfive date of the comprehensive plan which am relevant to the proposed amendment? 5, Explain haw the proposed rezoning is compatible with the existing or futura land uses of the City. Are there adequate public facilities to serve the proposed land use? !- 6. 7. 8. HOME OF I~ELICRN ~ Growth Management Department Rezoning Application - Staff Report Project Name: Paradise Partners/Shark Mart Rezoning Requested Action: Rezoning from GC & A-1 (County) to CG Project Location a. Address: 9490 90th Avenue Vero Beach, Florida 32967 b. Legal: See Survey Indian River County Parcel Number: 31-38-23-00000-5000-00005.6 31-38-23-00000-5000-00005.3 Project Owner: Paradise Partners, Inc. 953 Old Dixie Highway, Suite B-2 Vero Beach, Florida 32960 (772) 567-5320 fax: (772) 567-0443 Project Agent: Same as Above Project Engineer: N/A Project Surveyor: Project Description Narrative of proposed action: Paradise Partners Inc. recently submitted a letter of request concerning potential annexation of 7.1 acres of land located at the intersection of County Roads 510 & 512, including the existing Mobil gas station/Shark Mart. At the time of the applicant's initial request, the property was not contiguous to the City, and therefore not eligible for annexation. However, the Sebastian River Landings site, immediately east and south of the proposed, was recently annexed, which now provided the property with contiguity. Consistent with land use and zoning regulations, the applicant also submitted applications for a land use change and rezoning. The existing zoning within the County is General Commercial and Agriculture. Paradise Partners Inc. is requesting Commercial General land use and zoning for the entire parcel. Current Land Use: C/I & L-1 (County) North: East: South: West: Adjacent Properties ~ C:urmnt Land CL (County) Vacant PUD(R) Vacant CL Vacant CL (County) Vacant Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soik (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency a. Future Land Use: CG (proposed) b. Level of Service (1) (3) (4) Future Land C/I (County) LDR CL C/I (County) 7.1 acres Gas Station/Convenience StoreNacant Electra Cleared Zone X Indian River County Utilities Indian River County Utilities Barber Street Park- 1 mile Indian River Fire - 1 mile Sebastian Police - 5 mile Potable Water: Per Indian River County Utilities, future development of the subject parcel will require connections to county utilities, as water is currently available within the immediate area. Therefore, future connections will create a positive impact by reducing the number of future potable wells. Wastewater: Per Indian River County Utilities, future development of the subject parcel will require connections to county utilities, as a sanitary sewer line is available within the immediate area. Therefore, future connections will create a positive impact by reducing the number of septic systems. Stormwater: The level of service standard is the same for all 2 10, 11. 12. 13. 14. 15, 16, 17. 18. development; therefore, no greater impact is expected by the proposed rezoning. (s) Recreation: No change or negative impact to recreational facilities expected due to proposed commercial use of the property. (6) Solid Waste: There will be a slightly increased demand on solid waste. Conformance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. Changed Conditions: A portion of the subject property is being utilized as a gaS station/convenience store with the remaining land currently undeveloped. The applicant desires to annex the property with Commercial General zoning to be consistent with surrounding properties and permit highest and best use of the subject property. Land Use Compatibility: The adjacent properties to the north, south and west are zoned for commercial use. The proposed land use amendment for conversion to CG will permit commercial zoning and use of the property consistent with neighboring properties within the 512/510 corridors. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Adequate Public Facilities: Provided - public utilities (water, wastewater) are available within the immediate area. Natural Environment: No change or impact to natural environment anticipated with this request. Economic Effect: Annexation of the referenced 7 acres of commercially zoned land will permit for an expansion of the commercial tax base within the community. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed' land use change provides for orderly development given the location of the site adjacent to commercial property and availability of sufficient public facilities and access. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave, it is adjacent to the urban service area, and would most likely be better served by municipal services. Current zoning and land use classification for the property permit commercial/residential uses. Due to location, commercial uses are most practical for the subject property, and the proposed change to CG is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan,~...,.--~ 19. 20. 21. Annexation of the parcels will demonstrate complianCe with goals and objectives as outlined in the comprehensive plan for annexation of properties adjacent to the urban service area. Analysis: Paradise Partners Inc. recently submitted a letter of request concerning potential annexation of 7.1 acres of land located at the intersection of County Roads 5'10 & 512, including the existing Mobil gas station/Shark Mart. At the time of the applicant's initial request, the property was not contiguous to the City, and therefore not eligible for annexation. However, the Sebastian River Landings site, immediately east and south of the proposed, was. recently annexed, which now provided the property with contiguity. Consistent with land use and zoning regulations, the applicant also submitted applications for a land use change and rezoning. The existing zoning within the County is General Commercial and Agriculture. Paradise Partners Inc. is requesting Commercial General land use and zoning, for the entire parcel. Conclusion: The requested rezoning from GC & A-1 (County) to CG is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. Recommendation: Staff recommends approval of the requested rezoning. PR~A~ED BY bATE 4 Friday, May 30, 2003 The Press Journal AT' N ICE OF. COMPREHENSIVE PL 'LA USEAND ZONING · MAP'AMENDMENT : The City Council of the City. of Sebastian, Indian River county, Florida, proposes to adopt the following ordinances:. ORDINANCE NO.' O-03;09. AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN .'AMENDMENT TO'THE: COMPREII~NS1WE' PLAN WHICH. AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSn~ICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH., A. PRIOR COUNTY LAND 'USE DESIGNATION.AS COMMERCIAL INDUSTRIAL (C/ I) AND LOW DENSITY RESIDENTIAL (L-l). FOR LAND CONSISTING. OF 7~1' ACRES, MORE OR LESS, SITUATED . ALONG SOUTHEAST ' QUADRANT' OF THE INTERSECTION OF CR 510 AND:..CR 512; AUTHORIZING~._FINDINGS AND, ADMINISTRATIEE. ACTIONS;. PROVIDING,' FOR CONFLICTS; PROVIDING ,FOR SEVERABILITY; AND' PROVIDING FOR EFI*ECTIVE DATE. · :ORDINANCE NO. O-0340 AN ORDINANCE'OF -THE CITY: OF SEBASTIAN, FLORIDA, DESIGNATING AN INIT.'IAL ZONING CLASSIFICATION+OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH' A' PRIOR COUNT. Y ZONING DESIGNATION AS GENERAL COMMERCI24L.'~(GC)..; ~AND ' AGRICLIL ~TJJRE (Ad) i~OR LAND CONSISTING' OF. 7.1iACRESi:iMORE OR' LESS, SITUATED ALONG' SOUTHEAST QUAI)R~NT O1~ THE INTERSECTION. OF. CR 510. AND','.CR '512;; PROVIDING "i~OR REPEAL OF ORDINANCES. OR. PARTS OF ORDINANCES IN CONFLICT- ':HEREWITH;: PROVIDING FOR SEVERABILITY: AND PROVIDING . F. OR AN. EFFECTIVE DATE. . Public hearings On ~the' ordinances.will be h;id on_ jun& 11, 2003 at approximately,7:00 p,m, in the City.. Council Chambers, City .Hall, 1225 Main Street, Sebasfian,.Florida. City of Sebastian, Florida Subject: Authorize Contract With Marketing Consultant, Patterson-Bach for Marketing Services for City of Sebastian. Approved. f~or//Stu bmittal by: Agenda No. ~-~, /2 0 Department Origin: City Manager Growth Mgmt: ................................. ,, A~rport: /1 "-~.~ i ............. ~! Finance: /~1~ /~-?,'TX) as to budget o, dy General Se~ices: ~~_~_ Date Submitted: June 3, 2003 For Agenda of: June 11, 2003 Exhibits: Evaluation Ranking EXPENDITURE REQUIRED: $ 50,000 AMOUNT BUDGETED: APPROPRIATION REQUIRED: $50,000 SUMMARY Now that the reactivation of Runway 9-27 is officially underway, airport staff anticipates the official opening to begin in the fall of 2004. As you are aware, this reconfiguration will open approximately 160 acres of property for commercial and light industrial development, and it now becomes necessary to initiate marketing efforts to make businesses aware of what our beautiful city has to offer. Starting this process now will allow for staff and other interested parties to formulate a strategy, which will outline exactly how to achieve our goals. As our community continues to prosper from residential growth, there will arise a need for expanding the commercial and industrial base to support the burgeoning population. Furthermore, our growing population will eventually require additional shopping, entertainment, recreational, and dinning services. Again, marketing the City's demographics within the right channels will ensure proper services are provided, while also helping to protect the community from less desirable and unrestrained growth. Requests for Proposals were solicited and an evaluation committee consist ng of Terrence Moore, City Manager; Paul Wagner, General Services Administrator, Tracy Hass, Growth Management Director; Jason Milewski, Airport Director; and Beth Mitchell, Chamber of Commerce Director reviewed submittals and ranked Patterson- Bach of Winter Park, Florida as the top ranked firm. We therefore, recommend this firm be awarded a contract with the City for Marketing Services. /""~. ) It is anticipated for this current FY year we will need $50,000 to get started. Throughout Fiscal Year 2003/2004 we will provide updates on progress and future needs to continue this very important marketing effort. RECOMMENDATION Authorize City Manager to enter into a contract with Patterson-Bach for Economic Development Marketing Services for the City of Sebastian, as well as to appropriate funds for same. HOht~. OF PFd.ICAN ISI~LIqD City of Sebastian, Florida Subject: Resolution No. R-03-25, repealing Resolution No. R-01-50, establishing land development code application fees. Agenda No. ~ Department Origin: Growth Management Tracy E. Hass ~ A~r °ve~Sub mi~,: Date Submitted: June 03, 2003 For Agenda of: June 11, 2003 Exhibits: Resolution No. R-03-25, amending and establishing land development code application fees; current fees schedule. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY On July 11, 2001, the City Council adopted resolution R-01-50, which established a comprehensive list of growth management development review fees. However, much like the amended building permit fees recently adopted by City Council via resolution R-03-22, inflationary costs have increased while application fees have remained constant. Therefore, the cost of providing development review services has increased, and we are not effectively coveting administrative costs associated with these services. Hence the need to reassess and modify the existing fee structure. Furthermore, many of the more complex development order applications, i.e. land use changes, zoning changes, and site plan reviews, require expensive newspaper advertising with average cost exceeding several hundred dollars for each public hearing. Therefore, the associated fees for processing these permits in many cases only covers our advertising cost and not the absorbed cost of processing the applications. Although the revised fees in 2001 were more in line with actual administrative costs, advertising costs have created a substantial financial responsibility that is not being covered by application fees. Therefore, when factoring in inflationary increases, advertising costs and administrative costs, it becomes apparent that we must amend our current fee structure to more accurately reflect the cost of providing review services for each application outlined therein. Consequently, in concert with the Director of Finance, Growth Management developed the enclosed fees schedule to reflect certain modifications that by imposition will effectively cover the operating costs of processing referenced applications, as opposed to the current system of subsidizing development orders via the general budget. RECOMMENDED ACTION Staff recommends approval of Resolution No. R-03-25. "Move to adopt Resolution No. R-03-25." RESOLUTION NO. R-03-25 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING VARIOUS GROWTH MANAGEMENT PERMIT REVIEW FEES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Land Development Code contains requirements for submittal of various applications for development related approvals and permits; and WHEREAS, the City entails certain costs in processing said applications and endeavors to offset these costs through application fees; and WHEREAS, the fees were last adjusted by Resolution R-01-50 in 2001 and some charges do not cover the administrative expenses of the City such as publication of requisite legal notices; and WHEREAS, the fees set in the existing resolution need to be revised. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AMENDING AND ESTABLISHING CITY OF SEBASTIAN GROWTH MANAGEMENT PERMIT REVIEW FEES SCHEDULE. The City Council of the City of Sebastian hereby establishes the following fees for Growth Management permit applications: Fee Schedule: PERMIT FEE Accessory Structure Review by $100 Planning and Zoning Commission Address Change Request $100 Annexation $1,000 Pre-Application $100 Board of Adjustment (Appeal) $350 Board of Adjustment (Variance) $350 Administrative Variance $200 Comprehensive Plan Land Use Map Amendment - Large Scale $2000 Comprehensive Plan Land Use Map Amendment - Small Scale $1500 Comprehensive Plan Text Amendment $2000 Conditional Use Permit (Commercial) $450 Conditional Use Permit (Model Homes) Initial $250 Renewal $150 Conditional Use Permit (Home Occupations) $150 Development of Regional Impact $3250 Easement (Abandonment) $250 Land clearing (Commercial) up to 10 acres, $100 10 to 50 acres, $250 over 50 acres, $500 Land cleating (Residential) $50 Tree Removal Permit up to 5 trees, $25 more than 5 = $5 a tree Land Development Code Text Amendment $1500 PUD - Conceptual Development Plan $1250 PUD - Preliminary Development Plan 50 Acres or Less $1800 PUD - Preliminary Development Plan $1800 Greater than 50 Acres $25/acre over 50 PUD - Site Plan $1500 PUD - Final Plat $500 Rezoning $1250 Sign Review $150 Site Plan (New Development) $1200 Site Plan (Administratively Approved) $700 Site Plan (Major Modification) $1000 Site Plan (Minor Modification) $700 Special Use Permit/Special Exception $1000 Street Abandonment $500 Subdivision - Preliminary Plat - 50 Acres Or Less $1500 Subdivision - Preliminary Plat- Greater $1500 than 50 Acres $22.50/Acre_over 50 Subdivision - Construction Plans -- $1000 Subdivision - Final Plat $500 Subdivision - Division of Single Lot - Commercial $250 Subdivision - Division of Single Lot - Residential $250 Time Extension of Site Plan, DRI, Subdivision, PUD, or any other Deadline or Date Action ½ original fee Revisions to an application which require Cost of re-publishing and the re-publishing of any public notices mailing notices Unity of Title Release $75 Section 2. repealed. Section 3. 01, 2003. The foregoing CONFLICT. All resolutions or parts of resolutions in conflict are hereby EFFECTIVE DATE. This Resolution shall take effect on August Resolution was moved for adoption by Councilmember Mmotion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum The Mayor thereupon declared this Resolution duly passed and adopted this __ day of June, 2003. CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: ~- Rich, Stringer, Cit{y.._~ttomev RESOLUTION NO. R-01-50 A RESOLUTION OF TFI-E CITY OF SEBASTIAN, FLORIDA, ADOPTING LAND DEVELOPMENT APPLICATION FEES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERAB]I,ITY; PROVIDING FOR A_N EFFECTIVE DATE. WHEREAS, the City Land Development Code contains requirements for submittal of various applications for development related approvals and permits; and WHEREAS, the City entails certain costs in processing said applications and endeavors to offset these costs through application fees; and WHEREAS, the fees were last adjusted by Resolution R-98-02 in 1998 and some charges do not cover the out-of-pocket expenses of the City such as publication of requisite legal notices; and WHEREAS, the fees set out in the existing resolution need to be revised. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. FEE SCHEDULE. The fee schedule attached hereto as Exhibit "A" is hereby adopted, 'and said amounts shall apply to applications under the Land Development Code as appropriate. Section 2. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith, particularly R-98-02, are hereby repealed. Section 3; This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember Bishop The motion was seconded by Councilmember Barczvk and, upon being put into a vote, the vote was as folloWs: Mayor Walter Barnes Vice Mayor Ben Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward Majcher aye aye aye aye aye The Mayor thereupon declared the Resolution dully passed and adopted this 1~,th day of July, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: Walter Barnes, Mayor City Clerk (SEAL) Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City. Atto yL~''~'~ 2 Permit Accessory Slzuctures Address Change Request Annexation Current Fee Board of Adjustment (Appeal) Board of Adjustment (Variance) Comprehensive Plan (Land Use Amendment) 0 0 Pre-Application $50 $150 Comprehensive Plan (Land Use Amendment, Small Scale) Comprehensive Plan (Text) Conditional Use Permits (Commercial) Conditional (Model Homes) Conditional (Home Occupations) Development of Regional Impact Easement (Vacation of) Land Clear/ng (Commercial) Grubbing Land Clearing (Residential) Grubbing Tree Removal Land Development Code Amendment PUD (Conceptual Development Plan) PUD (Preliminary Development Plan) 50 acres or less $2OO $450 $400 $450 $100 $100 $100 $1000 $100 $50 $50 $5O $225 $4OO $1100 Proposed Fee $50 $50 $300 0 $150 $200 $1500 $t000 $1500 $250 $150 $100 $1000 $125 $100 up to 5 acres, greater than 5 acres = $20 acre $50 $25 up to 5 ~ees, gre~erthan5 = $5 ~ee $450 $600 $1100 PUD (Preliminary Development Plan) $22/acre $22/acre Greater than 50 acres $500 $700 PUD (Preliminary Development Plan) Site Plan PUD (Final Plat) Rezoning Sign ('Facade) $200 $450 $5O Sign (Monument) $50 Site Plan (New Development) $450 $175 $450 $125 $400 $175 $950 Site Plan (Administratively Approved) Site Plan (Major Modification) Site Plan (Minor Modification) Special Use Permit Street Abandonment Subdivision (Preliminary Plat) 50 acres or less $450 $65O $1oo $75 $650 $175 $450 $250. $400 $175 $1000 Exhibit "A"~~., Page 2 of 2 Permit Subdivision (Preliminary Plat) greater than 50 acres Subdivision (Construction Plans) 50 acres or less Subdivision (Construction Plans) greater than 50 acres Subdivision (Final Plat) Subdivision (Division of Single Lot) Commercial Subdivision (Division of Single Lot) Residential Time Extension of Site Plan, DRI, Subdivision, PUD, or any other Deadline or Date Action Revisions to an application which require the re-publishing of the public notice of the application. Unity of Title (Release) Current Fee $20/acre $450 $9/acre $400 $50 $5O ¥2 ori~nal fee Original Fee $0 Proposed Fee $1000 + $20/acre $450 $450 + $9/acm $400 $100 $5O original fee Actual Cost of re- publishing and re-ma/ling notices $50 Exhibit Page 1 of 2 City of Sebastian, Florida OFFIC OF Tile CITY TTORJ EY AGENDA TRANSMITTAL Agenda No. Subject: Solid Waste Collection Franchise SUMMARY: Date Submitted: 6/05/03 For Agenda of: 6/11/03 Since the prior solid waste franchise was adopted pursuant to Ordinance, and an ordinance will allow the City to make it a punishable offense to collect within the City without the franchise, it is preferable that the Franchise be enacted by this method. Section three provides that staff should hold the hearing and give the three-year notices required to end any existing contracts for commercial collection so that the franchise can truly become "exclusive", and the number of haulers on the streets of the City eventually reduced. The actual Franchise Agreement is provided under separate cover. RECOMMENDED ACTION: At Counci! 's discretion - Pass O-03-12 on first reading and schedule public hearing for June 25, 2003. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ORDINANCE NO. O-03-12 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. WHEREAS, the existing residential solid waste collection as approved under Ordinance 0-98-09 expires on June 30, 2003; and WHEREAS, the Council has determined that it is in the best interest of the public that a single provider have an exclusive franchise for both residential and commercial solid waste collection; and WHEREAS, pursuant to a competitive proposal process it has been determined that the public will best be served by granting said franchise to Waste Management, Inc. of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: Section 1. Waste Management, Inc. of Florida, is hereby granted an exclusive franchise to provide residential and commercial solid waste within the City of Sebastian pursuant to the provisions of the FRANCHISE AGREEMENT BETWEEN CITY OF SEBASTIAN AND WASTE MANAGEMENT, INC. OF FLORIDA attached hereto. Section 2. It shall be a violation of the City Code to provide residential or commercial solid waste collection except in accordance with the terms of the Franchise granted hereunder, punishable as provided in City Code section 1-10. Section 3. City staff is directed to invoke the procedures provided under Florida Statutes to sunset the existing contractual rights of any person or other entity otherwise providing Commercial Solid Waste within the City as of the effective date of this Ordinance. Any person or other entity providing such service must submit copies of all such contracts to the Office of the City Manager within fifteen (15) of the effective date hereof. Upon a showing of notice of the requirements of this section, the failure to submit any such contract shall create an irrebuttable presumption that no such agreement for service existed. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. This ordinance shall take effect upon adoption. The foregoing Ordinance 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 Barnes Vice-Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 25th day of June, 2003. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney ,~EI~ASTIAN HOME OF PELICAN iSLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Agendas in Newspaper Consider Request to Publish Agenda No. ~,/2~ Department Origin: City Clerk Date Submitted: 5/27/03 For Agenda of: 6/11/03 Exhibits: SPOA Letter, City Clerk Letter, 7/24/02 Transmittal and Minutes Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The City Manager and I received letters from the Sebastian Property Owners Association asking to place City Council agendas in the newspaper. At the July 24, 2002 Regular Meeting, City Council considered 'an item I submitted to either look at other means of publishing the agenda or to remove the $200 per ad cap placed by a previous Council in 1996. City Council then passed the following motion: "1 move that we temporarily or until furthe¢ notice, stop printing the agendas for the meetings, make them available at city hall, on our website, can probably also be e-mailed, ...and advertise such in the Press Journal ai a reduced size." We ran a display ad for six months notifying the public that agendas could be obtained in City Hall, on our website or on cable channel 25. During this time we received two complaints. This letter from the SPOA is the first we have heard of any concerns from the public. I told Mr. Neglia the request must go before the Council. RECOMMENDED ACTION Consider the Sebastian Property Owners Association request to advertise City Council agendas in the newspaper and act accordingly. May 23, 2003 Sally Maio City Clerk City Hall Sebastian, FL 32958 Re: City Council Agenda Dear Mrs. Maio, On behalf of the Sebastian Property Owners Association, we are requesting the agenda for the City Council once again be published in the Press Journal. We hope that you will consider to somehow work this into your budget. Sincerely, Sal Neglia President May 23, 2003 HOME OF PELICAN ISLAND 1225 Main Street Sebastian, Florida 32958 Phone (772) 589-5330 - Fax (772) 589-5570 E-Maih city~cityofsebastian.orq Sal Neglia President Sebastian Property Owners Association 461 Georgia Boulevard Sebastian, FL 32958 Dear Mr. Neglia: This letter is in response to your letter dated May 23, 2003 relative to publishing agendas in the newspaper. You stated to me in my office today that your representative Clive Beckwith was told that I removed agendas from the newspaper because they were overloading my budget. would like to correct any misinformation there may be about this issue. I brought an item to the City Council on July 24, 2002, to seek direction about whether or not to continue publication of agendas in the Press Journal due to the fact that in 1996, City Council directed the City Manager to print regular and workshop meeting agendas with a cap of $200 per ad, and having been given the task of running them since that time, I could no longer keep them under $200 due to increased costs. The City established its first website in 1997and government access channel 25 power point notices in 2001. Agendas are published on both of those sites. City Council, following some discussion, moved to temporarily or until further notice, stop printing the agendas, make them available in other ways, and to advertise their location in the Press Journal. We ran notices in the Press Journal for six months advising people where they could locate agendas. Only two people contacted us after the newspaper ads stopped, and by this we assumed that most people were amenable to getting their agendas in City Hall, on the City's website or on Channel 25. Until this time, we have had no complaints or comments about this process. To be certain that you have the information you need, I am attaching the July 24, 2002 City Council minutes and my transmittal to Council. As I stated to you today, I will request that your item be placed on the June 11,2003 City Council agenda for further action by City Council. Sally A. M~io, CMC City Clerk Cc: Mayor and City Council City Manager City Attorney Enclosures/ HOI~£ O~' PF..IJC. AN ~[.ANO City of Sebastian 1225 Main Street Sebastian, Florida 32958 ISubject Publishing City Council Agendas Exhibits: Agenda No. ~/~ ~ Department Origin: City Clerk Date Submitted: 7/9/02 For Agenda of: 7/24/02 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT At the September 27, 1995 City Council meeting, former Vice Mayor Corum suggested publishing City Council agendas in the Press Journal and the City Manager said he would have the City Clerk look into it. On February 16, 1996, City Council passed a motion to authorize the City Manager to pdnt the regular meeting and workshop agendas in the Vero Beach Press Journal on Mondays with a $200 per ad cap. In 1995 we had no other avenue for publishing the agenda, however, since 1997 when the first website was created, Council agendas have been published on-line. Last week we began including Council agendas on Channel 25. in the first three quarters of this fiscal year, we have spent $3,963.13 on publication of agendas. At this rate, the number should exceed $5,000 for the year. Agendas are rarely under $200. I am bringing this information to you for your review and decision as to whether this cost is justified now that we have other methods of providing agendas to the public. If City Council is inclined to continue the publication, we will need you to remove the $200 cap since we are already reducing text as much as possible to keep the cost down. RECOMMENDED ACTION Review the information and if Council is inclined to continue the Press Journal publication, direct staff accordingly removing the $200 cap. Regular City Council Meeting July 24, 2002 Page Nine MOTION by Coniglio/Hill "1 move that we move our placing staff and council matters at the end of the agenda until we feel it should be moved again." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - absent Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 4-0 02.168E. Publishinq City Council A.qendas ('City Clerk Transmittal 7/9/02) The City Clerk explained that staff discussion prompted this item and requested, if Council was inclined to continue running the agenda, it remove the $200 cap set by Council in 1995. Mr. Hill stated that electronic means may reach more people and perhaps post agendas for next month with a notice that agendas can be found on website and channel 25, also an ad telling people where it is. Mr. Barczyk stated 20% of citizenry have satellite dishes and not all have computers, asked how will the agenda get to them. Mr. Coniglio suggested to run an ad that people can pick up an agenda at city hall and on website, channel 25. MayOr Barnes suggested to try this as an experiment and look for feedback. MOTION by Coniglio/Hill "1 move that we temporarily or until further notice, stop printing the agendas for the meetings, make them available at city hall, on our website, can probably also be e-mailed, is that--e-mail them, (I'm in the middle of a motion here,) and advertise such in Press Journal at a reduced size." Mr. Hill offered an addendum to the motion to add Broadband Channel 25. Mr. Coniglio seconded the addendum. ROLL CALL: Mr. Coniglio - aye Mr. Majcher - absent Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 4-0 170 HOME OF PELICANISlAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject MP© Bikepath Committee Appointment Agenda .o. ~_~. ~/~.~ Department Origin: City Clerk Date Submitted: 6/3/03 For Agenda of: 6/11/03 Exhibits: Liaison List, 1996 appointment, Wetherald information Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The County Commission office contacted us this week to determine who is the current MP( Bikepath Committee member. Their records showed that it was the Growth Management Director and our records show the last MPO Bikepath Committee member appointment by the Mayor was the Public Works Director in 1996. Tracy Hass said he was directed to attend the committee meetings by the former Community Development Director in March of 1997. I spoke to Ryan Suarez who is the county liaison with this committee and he informed me they are trying to reactivate this committee to meet on a regular basis. He said Rich Wetherald, local bike shop owner and Sebastian resident, is interested in serving on this committee. I contacted Mr. Wetherald to confirm this and sent him an application form to fill out for our records. I researched our records and found that these types of appointments (citizen committees and technical committees) have been routinely made by the Mayor and do not require the advertisement process. Regular City Council Meeting March 27, 1996 Page Thirteen Emergency Services Member - Councilmember Richard Taracka Alternate - Councilmember Norma Damp Land Acquisition Committee Mayor Cartwright appointed Carolyn Corem as ex-officio member and she accepted. Metropolitan Planning Organization Member - Councilmember Ray Halloran Alternate - Vice Mayor Walter Barnes Mayor Cartwright requested that Harry Thomas, member of the MPO Citizen Advisory Task Force remain as member and report periodically to City Council; and directed the City Manager to appoint someone from Public Works to the MPO Bikepath Committee to replace Chief Petty. Sebastian River Area Chamber of Commerce Mayor Cartwright requested that Thomas Frame, City Manager to be the primary delegate and Councilmember Richard Taracka volunteered to act as alternate. Treasure Coast Council of Local Governments Member - Vice Mayor Walter Barnes Alternate - Mayor Louise Cartwright Treasure Coast Regional Planning Council Member - Councilmember Ray Halloran Alternate - Councilmember Richard Taracka 131 METROPOLITAN PLANNING ORGANIZATION (MPO): (Indian River County) (Formerly Transportation Planning Committee) Current Members:(2) Jim Hill & Ray Coniglio Current Alternate: Walter Barnes & Joe Barczyk Technical Advisory Committee (Staff): Terry HilI,Tracy Hass & Jason Milewski Citizen Advisory Committee: Herbert Munsart & Deryl Seemayer Purpose: Transportation planning and to obtain transportation funding History: as Transportation Planning Committee: 6/3/87 - George Metcalf appointed 5/25/88 - Jim Wadsworth (P&Z) appointed ex-officio 1/24/90 - Robert McCarthy appointed - Peter Jones appointed alternate 3/28/90 - Lloyd Rondeau appointed - Frank Oberbeck appointed alternate 4/11/90 - Frank Oberbeck appointed (Rondeau resigned) 8/8/90 - Robert McCollum appointed alternate 3/27/91 - Lonnie Powell appointed alternate 4/3/91 - Peter Holyk appointed alternate 8/14/91 - Will Conyers appointed - Peter Holyk appointed alternate 3/25/92 - Frank Oberbeck appointed - Peter Holyk appointed alternate 6/17/92 - Frank Oberbeck appointed - Peter Holyk appointed alternate as Metropolitan Planninq Or.qanization: 2/24/93 - Resolution No. R-92-30 3/24/93 - Robert Freeland appointed alternate 4/6/94 - Frank Oberbeck reappointed - Robert Freeland reappointed alternate 3122/95 - Raymond Halloran appointed member - Carolyn Corum appointed alternate 3/27/96 - Raymond Halloran appointed member - Walter Barnes appointed alternate 3/26/97 - Richard Taracka appointed member - Walter Barnes reappointed alternate 3/25/98 - Charles Neuberger appointed member - Ruth Sullivan appointed alternate 3~24~99 - Chuck Neuberger reappointed member - Martha Wininger appointed alternate (Barnes filled position) 3/22/00 - Jim Hill appointed member - Walter Barnes appointed alternate 3/28/01 - Jim Hill appointed member - Walter Barnes appointed alternate 3/27/02 - Jim Hill appointed member - Walter Barnes appointed alternate 10/02 - Ray Coniglio appointed second member -Joe Barczyk appointed second alternate 3/03 - Walter Barnes and Ray Coniglio members - Jim Hill and Joe Barczyk altemate members 12/1/93 - Harry Thomas appointed to MPO Citizen Advisory Committee 3/96 - Public Works rep appointed to MPO Bikepath Advisory Committee ** 7/26/00 - Herbert Munsart appointed to MPO Citizen Advisory Committee 3/28/01 - Herbert Munsart reappointed to MPO Citizen Advisory Committee 12/02 - Tracy Hass and Jason Milewski appointed to Technical Advisory Committee w/Terry Hill 1/8/03 - Deryl Seemayer appointed MPO Citizen Advisory Committee Secretary: Vicki Phillips, IRC Commission Office Location: County Administration Bldg.- 1840 25th Street, Vero Beach, FL- 1st FI Conf Rm "A" Time: 2nd Wednesday of Month - 10:00 A.M. - MPO MPO CAC - First Tuesday of the month, 1st Floor Conference Room "A" - 2:00 P.M. -Secretary - Vickie Phillips MPO TAC - Fourth Friday of the month, 1st Floor Conference Room "A" - 10:00 A.M. MPO BAG - Last Monday of Month at 2 pm - 1st Floor Conference Rom A Vickie Phillips - Secretary 7 05/31~/2003 1.~1:37 7705334 13CC ~,-hGE O::/,r'J3 3.07 CAC Subcommittees. Subcommittees may b~ .dcsi~mted by of thc CAC, &s necessary, to ~vcsfi~tc ~d r~o~ o~ ~ccific subj~t areas of fl~terest t~ CAC or to d~d wi~ a~i~a~ve process. 4.0 Th., ~.CMPO Bivy~Ie and Pedcstr/an Adviso~ Committee 4.01 Function. The purpose of the BAC pha]l be to ensure 'nat bicvcIe. pedesuian concerns are addressed in the tzauspo~:atkm. and to $~rovide comments to the MPO ~.1~ reside.ct to the cc,:m::¢ms bic,fcl¢:_aad pedestrian travel. It shall be !ire ~mctkm oft~,= BAC Assi.et the ]L~CIVI~O in for.,.:nula.tion ~J~L~_~ and O]:~:cl~wi:L:l .m provide safe amd ,fiici=.m bk:ycle aad $~.d~g![i~ig networks for all Indian River CotuaD: reside, ars and visivmL Conduvt public information t~rog~'ams. Provide an effective .review of prop..osed recommendations :['or tVlPO plans and stu,'lies from the p..ersp~ctive ofbicye]:L,:ts and Assist in other functions ~ deemed desmbl¢: IRCMPO. 4.02 4:021 Membership The BAC shall consist of six (6) vq:[~ng members. Membcrs]~2 s:~.:.-'~ll b~ representative of the general purpose loc~ gov,erament.,; i~ btdhm tkive: 17 CounW. .Each of ,the followin~ voting member IKC1VI~, O sh .gll appoint one BAC member: Indian River C0un _ty Board of Commissioners (1) City o£Vero Beach (1) City qf Sebastian (1) Town of Indian,River Shores (1) Town of Omh~d (1) C_j_iR of Fellsmere (.I) 4.022 4,03, Each voting memhg of the RAC 'is expect~'A to BAC activities through participation in, scheduled meetings. Term of Office. Mernbersa~pointed to the M;AC shall ~';erv'¢ at: thc., p_!.le:asute of the apDo'.mting govemmcntaI entit:v. 4,04 Cc,) lc_L, M) Thc BAC shall hold at 1.,,:asr one. ~.~_~.~-. meetin& The BAC shall meet en an ad hoc ba:.~ia Special meetings ma_Mke called by the cl'tai~pe, rs,~n. The BAC, in addition to it.L!~lar and.__sl~ezi;d shall, as necessary_,, h.ol~d ,oubl_ia hereto _~_.ut on all matters related t.o bicycle an/[_pe_~des;~dan Quorum. The presence, of fom_k(4'~ or of the BAC shall constitute ~t_uorum.. 18 COM~'b~f: F~J~ I~,TLTMBER: FROM: ~/30/2~03 14:,,,'~" 7705334 ltOA1;~ OF COLTI'Cl'Y COMMISSIONERS Co,un .ty Aclrami.~tration Building 1840 2:5th Street, Sdte N-158 Veto l~caeh, FL 32960-3365 (772-5~7-&000, iExt 1433) or (F~4~E 772-770-5334) /7-,, ~0~"' - BCC F:,-hEi ~_ EI.'L I ;3 ~ Yo['. shr~Uld r¢cci-v:~ a total of ,2"~ _. pages, includin, g this cov~ page, If]mu do not have ~; ~ts.~on, )~[ease call ~mb~ly Ma~g at (772)-567-8000, Ext. 1~33. 'l;c:l I,.IUJ~E:D'I; £0,3E: t;'8 'un£ P£~L68sTgs : 'ON Xld.--I /.O,.-.I.-q,C[ B)tI~l : HO~-_J WOIJi~ YC~Li C~NDID~ S~ING{ ON A B~ OTH~ ~AN THE ~~ ...... Dd I,!b.:.c:~ :01: £oa~ I:'o -u~£ ~£~iF:~ST9S : 'ON XU~ 1.3d]U B~IB