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Home My WebLink About05-08-2019 CC Agenda w BOAM OF SEIRAST HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT AGENDA WEDNESDAY, MAY 8, 2019 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE - Led by Council Member Albert lovino 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 19.069 A. Proclamation - National Small Business Day - May 10, 2019 - Accepted by Amber Batchelor, President, Sebastian River Area Chamber of Commerce 19.069 B. Proclamation - National Travel and Tourism Week - May 5-11, 2019 - Accepted by Amber Batchelor, President, Sebastian River Area Chamber of Commerce 19.070 C. Proclamation -National Peace Officers Memorial Day - May 15, 2019 and National Police Week - May 12-18, 2019 - Accepted by Police Chief Michelle Morris and Members of Sebastian's Police Department 19.071 D. Proclamation - National Safe Boating Week - May 18-24, 2019 - Accepted by Commander Frans Eyberse, USCG Auxiliary Flotilla 56 Brief Announcements May 17 - Chamber Concert in the Park - Note 4 Note (60's to current hits) - 5:30 to 8 pm 7. Recess Citv Council Meetinq and Convene as Board of Adiustment pgs 5-6 A. Approval of Minutes - November 28, 2018 BOA Meeting 1 of 72 B. Quasi -Judicial Public Hearinq Adopted Quasi -Judicial Public Hearing Procedures: • Chairman opens hearing • Attorney reads title of request • Board discloses ex -parte communication • City Clerk swears in all who intend to provide testimony • Applicant makes presentation • Staff presents findings and analysis • Board asks questions of the applicant and staff • Chairman opens the floor for anyone in favor of the request • Chairman opens the floor for anyone opposing the request • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request if needed • Board deliberation and questions • Chairman calls for a motion pgs 7-30 L SEMBLER MARINA PARTNERS, LTD IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA), IS REQUESTING A VARIANCE FROM THE BENCHMARK BY WHICH BUILDING HEIGHTS ARE MEASURED. THE APPLICANT WOULD LIKE TO MEASURE THE HEIGHT OF HIS PROPOSED BUILDING FROM THE FINISHED FLOOR ELEVATION OF THE EXISTING OVERWATER CONCRETE PAD 8. Adiourn Board of Adiustment and Reconvene as Citv Council 9. 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 City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 31-37 A. Approval of Minutes — April 24, 2019 Regular City Council Meeting 19.072 B. Approve Indian River Shores Public Safety Department's Fire Truck Pull Special pgs 38-43 Event at Riverview Park with the Closure of Sebastian Blvd. and Harrison Street on June 8, 2019 (Transmittal, Application, Flyer, Map) 10, COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 19.073 A. Planninq & Zoninq Commission pgs 44-49 (Transmittal, Application, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Expired, Regular Member Position — Term to Expire 5/1/2022 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS 13. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 2 of 72 14. NEW BUSINESS 19.066 A. Presentation by James Golden, Pavement Management Group — City of Sebastian pgs 50-70 Pavement Condition Analysis AA. Adopt the Six -Year Pavement Management Plan as Prepared by Pavement Management Group and Implement the Recommended Repairs by One of the Continuing Roadway Paving Contractors Contingent Upon Available Funds; Authorizing the City Manager to Execute the Appropriate Documents (Transmittal, Report, Plan) 19.067 B. Consider Removal of Construction Board Member Pamela Parris (Transmittal, Code) pgs 71-72 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Mayor Hill B. Vice Mayor Kinchen C. Council Member Dodd D. Council Member lovino E. Council Member McPartlan 19. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) ` HEARING LOOP INSTALLED, SWITCH HEARING AID TO T -COIL. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website www.cityofsebastian.org. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 1S MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL 1S TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN 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. Future Council Meetina Dates: May 22, 2019 Regular City Council & CRA Meeting June 12, 2019 Regular City Council Meeting June 26, 2019 Regular City Council & CRA Meeting July 10, 2019 Regular City Council Meeting July 24, 2019 Regular City Council & CRA Meeting 3 of 72 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Reqular Citv Council Meetings Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. AApealinq Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Headinq on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 of 72' Board of Adjustment Minutes approved at the May 8, 2019 BOA Meeting. Regular City Council, CRA, & Board of Adjustment Meeting chairman Jim Hill November 28, 2018 ATl'EST: Page Five The Community Development Director said after this evening, the IRLNEP grant portion will be gone for the remainder of the year reducing the award amounts to $10,000 per system. If the City is successful in receiving another grant from the IRLNEP, the funding will not be available until fiscal year 2020. She asked what 50% match should offered in the City's RFP noting each property connecting to a gravity system would incur a cost of approximately $5,000 and to connect to a lift station with a force main, the cost would be $15,000 per property along with the ERU assessment. The County estimates the ERUs on the remaining properties to be on the low end of $170,000. She said the City's match would be approximately $420,000 leading to her request for direction. She explained other grants, such as DEP's 319 which favors 100% participation in that the whole neighborhood would be expected to convert their system. The Health Department's requirement to connect within two years after lines are installed, might be considered in soliciting 100% participation. Chairman Hill asked staff to provide information on what properties (commercial vs. residential) are remaining, what grants might be available, and their requirements so that Council may workshop this at the beginning of the December 12th meeting. The City Manager asked Council to consider approaching the Legislative Delegation in January for a legislative appropriation to assist with the conversions. D. Being no further business, Chairman Hill adjourned the Community Redevelopment meeting. 8. Adiourn Communitv Redevelopment Aqencv Meeting and Reconvene as City Council Mayor Hili reconvened the City Council meeting and then convened the Board of Adjustment. 9. Recess Citv Council Meeting and Convene as the Board of Adiustment A. Chairman Hill called the Board of Adjustment meeting to order at 6:48 p.m. Those present included Chairman Hill, Vice Chairperson Kinchen, Mr. Dodd, Mr. lovino and Mr. McPartlan. B. The October 10, 2018 Board of Adjustment minutes were unanimously approved by a MOTION by Mr. McPartlan and SECOND by Mr. Dodd. C. Quasi -Judicial Hearina i. DASCH RESIDENTIAL FENCE ON CORNER LOT — VARIANCE REQUESTED FROM SECTION 54-2-7.7( c)(3) OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW CONSTRUCTION OF A SIX FOOT HIGH FENCE WITHIN A SECONDARY FRONT YARD SETBACK ON A CORNER LOT, SPECIFICALLY 12 FEET FROM THE PROPERTY LINE, WHEREAS THE CODE FOR THE RS -10 ZONING DISTRICT WOULD REQUIRE SUCH FENCE TO BE A MINIMUM DISTANCE OF 20 FEET FROM THE PROPERTY LINE. 5of72 Regular City Council, CRA, & Board of Adjustment Meeting November 28, 2018 Page Six The City Attorney read the applicant's request. There was no ex -parte communication to disclose by the Board Members. The City Clerk swore in those who were to provide testimony. Philip Dasch, 909 Landsdowne Drive, said he was looking for a variance from the code to allow a 6 foot fence to be constructed 12 feet from the property line. The Community Development Manager stated Exhibit B explains what Mr. Dasch is requesting and the City's main concern on a corner lot is the visibility from the intersection and from other driveways when backing out. She said staff did review the criteria and feels this is a special condition since it is on a collector street. She said since the property abuts the rear drainage ditch, it would provide for a 30 foot visibility triangle from the main intersection and visibility triangle from other driveways. She said Mr. Dasch's request came right when the fence and wall code revision began; at which time, the Planning and Zoning Commission determined this portion of the code should remain unchanged and each case be reviewed however Council may want to consider the merits of this section during the later code revision discussion. Chairman Hill noted the line of sight could change if Barber ever became a boulevard or four-laned. The City Manager said it appears that that the road would have to expand to the west. In response to Mr. lovino, Mr. Dasch said he had a dog and planned to have children. As allowed by Code, the fence could only come out an additional 1.3 feet. There was no one to speak in favor or against the request. The Community Development Manager asked that the finished side of the fence face Barber Street. MOTION by Mr. McPartlan and SECOND by Vice Chairperson Kinchen to approve the variance request from Mr. Dasch. Roll Call: Chairman Hill — aye Mr. Dodd — aye Mr. McPartlan — aye Motion carried. 5-0 Vice Chairperson Kinchen — aye Mr. lovino — aye D. Being no further business, Chairman Hill adjourned the Board of Adjustment meeting at 6:58 p.m. 10. Adiourn the Board of Adjustment and Reconvene as Citv Council Mayor Hill reconvened the City Council meeting at 6:58 p.m. All members were present. 11. CONSENT AGENDA A_ Approval of Minutes — October 10, 2018 Regular City Council Meeting 6 6 of 72 OIYOF SEBASTLA% HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Squid Lips Site Improvements 2. Requested Action: Variance requested from Section 54-2-5.10(a)(2) of the Sebastian Land Development Code to allow the height of a proposed overwater building to be measured from the existing concrete slab's finished floor elevation (11.5 feet) to roof ridgeline, whereas the code requires such measurement to be from the required base flood elevation (7 feet) or the average construction grade (-1.2 feet), whichever is greater. 3. Project Location a. Address: 1660 Indian River Drive Sebastian, Florida b. Legal: IRC Tax Parcel ID No. 30-39-31-00000-0010-00002.0 Metes and bounds description -- see survey 4. Project Owner: Sembler Marina Partners, LTD c/o Underill Management Company 490 N. Harbor City Boulevard Melbourne, Florida 32935 (321) 242-2224 x 112 5. Project Agent: MBV Engineering, Inc. Mr. Ryan McLean 1835 20'h Street Vero Beach, Florida 32960 (772) 569-0035 6. Project Surveyor: William Mott Land Surveying, Inc. Jonathan M. Mott, PLS 3800 W. Eau Gallie Boulevard, Suite 101 Melbourne, Florida 32934 (321) 751-4444 7 of 72 7. Project Description: a. Narrative of proposed action: Hitherto this variance request, Sembler Marina Partners, LTD submitted an application for a major site plan modification of the Squid Lips Restaurant and Marina site located at 1660 Indian River Drive. The modifications, currently under zoning review, include replacing the existing marina office, additional parking and stormwater areas, landscape upgrades, potential phased improvements consisting of a storage building and take-out restaurant, and a second overwater restaurant to be built on the existing concrete pad. While reviewing the proposed building elevations, it was noticed that the height of the structure was being measured from the finished floor elevation (FFE) of the concrete pad — 11.50 feet - to the roof ridgeline, whereas the Land Development Code (LDC) states the measurement should begin from the required base flood elevation — 7.00 feet (See Exhibit B). Subsequently, Sembler Marina Partners has requested a variance from the benchmark from which the structure's height will be measured, or conversely, to allow the building height to be 4.5 feet higher than the maximum allowed. Research of the files for the site established that a permit for pilings, slab and a "building shell" was issued in July 1991 by the Building Dept. in conjunction with permits issued from Army Corp and a revised permit from DER/DEP. The finished floor elevation for the concrete pad as shown on the approved plans by those agencies was 10.00 feet and 11.50 feet respectively (Exhibits C & D). When a conceptual site plan for the restaurant was reviewed by the Planning and Zoning Commission, also in 1991, building height was discussed as being measured from the FFE of the slab. However, in 2000, Section 54-2-5.10(a)(2) was updated to add clarification that building heights would be measured from either the average construction grade or required base flood elevation, whichever is greater. Because the restaurant or building shell was never built, and the agency permits do not specify a building height — which may have grandfathered in the structure - the proposed building must meet the current code. b. Current Zoning: CWR (Commercial Waterfront Residential) C. Adjacent Properties: Zoning Current Land Future Land 1 Use Use North: CWR residence + dock RMU East: C lagoon C South: CWR vacant RMU West: CWR commercial RMU parking 2 8of72 8. 9. 10. d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: Staff Comments: 3.6 acres, or 156,816 SF Overwater restaurant and marina public water public sewer The exterior elevation sheet is enclosed for consideration of the variance only with regards to the proposed height measurement. If the variance is granted, the building elevations will still need formal approval by the Planning and Zoning Commission. Staff is currently working with the applicant and project agent to ensure the building meets the Riverfront Overlay District's architectural requirements in addition to addressing other site plan matters. Board Criteria for Determining Variances: See attached analysis. The applicant has also submitted a response to the Board criteria (Exhibit A). This criterion was considered in determining staff's recommendation. Staff Recommendation: Staff recommends approval of a variance for Sembler Marina Partners at 1660 Indian River Drive to allow the benchmark for measuring the building height of the proposed overwater restaurant to be the FFE of the existing concrete slab with the following three conditions: Need to provide certified engineered proof of structural integrity regarding the existing overwater concrete pad before construction begins 2. The variance is for a restaurant building only. If the proposed use is changed [before the structure is built], the proposed building height will be measured from the required base flood elevation, as per code 3. The variance is valid for two years. The approval shall expire 24 months from the date granted if construction of the building has not begun 3 9 of 72 11. Board Action: Conduct quasi-judicial hearing to consider the requested variance. Dorri Bosworth, Manager/Planner Community Development Department 5=a--Zo[� Date 10 of 72 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5 In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes C No ❑ The concrete slab was constructed in 1991 in accordance with an Army Corp of Engineer permit, and a re -issued DER/DEP permit. The permits do establish the existing finished floor elevation of the slab, but do not reference specifics for the structure's height. Circumstances are unique in that the foundation for a proposed structure already exists and was constructed at an elevation approved via a state agency permit. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes ❑ No I A proposed overwater restaurant plan was submitted. to Army Corp and DER/DEP and permits acknowledging the finished floor elevation were issued. C. Special privileecs not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Meets Standard Yes ❑ No [Ul Multiple properties on the east side of Indian River Drive within various zoning districts, including the existing Squid Lips overwater restaurant, have designed their building height measured from their required base flood elevation. 5 11 of 72 d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard Yes 5�r No ❑ Compliance with the code could be achieved by designing a building that is 20.5 feet in height. This would not necessarily create a hardship for the applicant. However, based on the size of the structure and architectural design standards required by the R.iverfront Overlay District, a shorter building may compel several needed waivers from the PZ Commission from these design regulations, i.e. minimum roof pitch, screening of rooftop mechanical equipment, etc. e. Only the minimurn variance wanted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes Z No ❑ The building height of the proposed restaurant is 24 feet 10 inches. This is in accordance with the maximum height allowed. But because the measurement is from the FFE of the concrete pad instead of the required base flood elevation as required by code, a variance for 4 feet 10 inches is requested. E Not iniurious to public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. / Meets Standard Yes LR No ❑ The height of the proposed restaurant would not be considered injurious to public welfare as it is not within any height mandated area (Airport), and construction will meet all applicable Florida Building Codes. By granting the variance, a more desired design can occur which meets the intent of the Riverfront District and Comprehensive PIan. s. Conditions and safe-auards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in 6 12 of 72 conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes V/ No ❑ Because of the amount of years the concrete pad has been exposed to the elements, and damaged by a hurricane, the structural integrity of the pad should be provided by a certified engineer. Also, if a variance is granted, staff recommends that it applies only to the approved restaurant use since the state agency permit for that use established the finished floor elevation of the concrete pad. If a restaurant structure is not built and an optional uselbuilding is proposed, that structure would need to use the required base flood elevation as its benchmark for measuring height. h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes t�,/ No ❑ Section 54-1-2.5(d)(5) states that "Variances shall become void if not exercised within six months of the date granted, unless specifically determined otherwise in writing by the board of adjustment." Staff recommends a time limit of two years based on the estimated time 'to complete processing the already submitted site plan application, and review of future building permits. The approval would expire 24 months from the date the variance was granted if construction of the building has not begun. L No use variance permitted in specified instances. , Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. / Meets Standard Yes No ❑ The request is not a use -related variance - restaurant uses are allowed in this zoning district. 7 13 of 72 r +` lr.s ae F ]ACKSMS;7.- ® �� .1 29 �F *ti r r yR \ , ► , Ak ": 3-�r 1715 ■ 6117 4 ti '' a1% + ti '• S� �/" x , s, i �q_ ,�`, •� t, , 1662Vl 6 ' .. Z '' ?? 71, Y �! IC 71 ix CN r- 4- 0 .I -IM BV ENGINEERING, INC. www.mbveng.com CA #-3T's April 23, 2019 Ms. Dorri Bosworth City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Squid Lips Restaurant City of Sebastian, Florida Engineer's Project Number: Dear Ms. Bosworth: 1136SOC EXHIBIT "A"" Via email(ilbosrvortlr@cityofsebastiair.org) In association with Development Order Application for variance request of the above referenced project, the following variance criterion responses are provided to aid staff and advisory board representatives in review. There criterion as displayed are per City of Sebastian LDR Sec 54-1- 2.5(c)(2) a. -i. The following are our responses: Sec 54-1-2.5(c)(2) (a. -i.) a) Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. The requested variance is Proposed for an extremely unique structure in zoning district and presents a special condition for consideration. The existing over - water, elevated slab presents a fixed condition as to which development may occur from and limits applicant flexibility in modification of the proposed finished floor for a structure. There does not appear to be another structural slab or commercial development opportunity of this nature anywhere else in the zoning district or Municipal boundaries. b) Conditions not created by the applicant. That the special conditions and circumstances do not result from the actions of the applicant. The height variance is requested to allow for a commercially viable structure to be constructed within the horizontal and vertical confines of an existing permitted elevated slab. The slab elevation was developed and permitted under the control of the Army Corps of Engineers, a copy of the permit document has been included for reference, and outside of the City of Sebastian LDR system for the definition of allowable finished floor elevations. The applicant seeks to meet the intent of the LDR maximum height requirement of 25' but do under a set datum of the existing slab. 1835 20th Street 1250 W Eau Gallie Blvd., Suite L 806 Delaware Avenue Vero Beach. FL 32960 Melbourne, FL 32935 Ft Pierce. FL 34950 RECEIVED 772.569.0035 321.253.1510 772.468.9055 Fax: 772.778.3617 Fax: 32 1253-09 € I Fax: 772.778.36 € 7 APR of�3111 City of Sebastian Community Development Dept. =1 ■ ■i■ Ms. Dori Bosworth April 23, 2019 Page 2 C) Special privileges not conferred. That granting the variance requested will not confer the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. The requested variance is not projected as special privilege to the applicant but rather an opportunity of the applicant to meet the intent of the LDR while working within the confines of a unique special condition. d) Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. The requested variance is necessary for the applicant's proposed development due to the industry standard size requirements of a restaurant of this nature. A reduction of building height to met the code ordinance for structure height above BFE or average grade elevation would extremely limit the economic viability of the proposed business. e) Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. The requested variance of 4.5' from code ordinance is the minimum variance required to allow for a 25' building measurement from slab to ridgeline. 0 Not injurious to the public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The requested variance will in no way provide for a negative impact on the public welfare. g) Conditions and safeguards may be imposed. In granting any variance, board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 FS, the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under the variance is granted, shall be deemed a violation of the ordinance. Acknowledged. h) Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Acknowledged. It is the request of the applicant that imposed time limit be consistent with current approval timelines of reviewing departments and industry construction standards. i) No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning districts shall be considered grounds for the authorization of a variance. The requested variance is for the building height modification to a 17 of 72 1� ■� Ms. Dori Bosworth April 23, 2013 Page 3 proposed structure to provide for a permitted use within the zoning district. Should you have any questions regarding the above subject, please feel free to contact our office at any time. Sincerely, Ryan McLean, E.I. Project Manager RM/jeh 18 of 72 TOP DF CIPUTA Ili -Is' TAUSS REARING nnQ NN. RR. fOIP CONIC D PT- WOOD RAMI`, SEE STRUCTURAL DRAWINGS FOR DETAILS, SEE RAMP ON THIS SHEET PRE,HNISHED STANDING SEAM METAL ROOF ON PRE-ENGINEERED W006 TRUSSES 14 0W SOUTH EXTERIOR ELEVATION ow -vs: EXISTING CONCRETE RAMP ISIP #CUPOLI 1zr1rOR 36.33' TRIL' BEMtlHG 113 POR M—v PT. RA LIN C 'IKTIgN v OR lE.6G� BASE FLOOD L 7.00' T IOPDF 11"'I"JJ�. TOP#iW9lA 1L4 -IIF OR 36.33' �i' z<.iQ PRE -FINISHED STANDING SEAM ADTAL900FCR IL - PRE-r71GItEE1R77 N'OW TR3DSSS 7 T;OE RAA 1NG OR --- �{ .. ., r _ TPISS BF.IRING 2c.5' T_ —-- i iF sn� PT-WDODpNLING 4T HIGH MUNG CONSTRUCTION I L �l l" RR. T ,wOR 11.50' � ova BASE FLaOD -•-- —� 7.00' PAINTS PT. WOOS RA R DETAILS SEE STRUCTURAL �I RS 9M1G ERISTFNG C ONAWINM FDR d?iO L44DEK Hl� HFAMI, PIED ELEYATI0.'15 I i WHROI $LO831T10TIFi � �HOLLIXWW LAR i 7'+25'=32' 11.5'+25'=36.5, 0 NORTH EXTERIOR ELEVATION WOOD RAMP 0A'1� RAMPS ELEVATIONS 116' - !'-ff PRE FlNISHED STANDING SEAM [11711RIGhTEDT1,411LUSCENT METAL ROOF ON pANEi ppOFENG SYSTEM PRE FRO WOW TRISSES 11 ' I Iil II I I EI li �4 UI � �-A2" HIGi1 RAILING Zs HIGH LOUYERS UNDETL SLASTDHIDE mDER SLAB LITILTFlES EXISTING CONIC OEM, PIER AND HOLLOWCORE SLAB OEAST EXTERIOR ELEVATION A -20D 1 flT • 1'�P �"PRE-lNlSHED STANDING SEMI PAINFE LAPPED f META{ ROOF ON SIDhC PRE.a4GINEEREI WOOD TRUSSES `H -11H ILD EMS IXISPHG CONIC. `PLANTED LAPP. UNDER SUB 70 HIDE BEAM, PIER AND SIDING UNOEA Si.AB UTILITIES HOLLOWCORE SLAB l Oi WEST EXTERIOR ELEVATION EXHIBIT "B" I —PADNTEO LAPPED SIDING 4 mai C7�SiGN BUILCI mm"T MELBOURNE, FLORA 32DD4 PHONE (321)757-3634 RECEIVED FAX: (3211757.3081 �raR wnW-maldesignnlue.can APR 2 5 20196"`"' ode h �I oar au.2D,N Cltyyfsobysl"nom Sale: AS SHWN SheP[ --;;AA Lli— Checlud: OTM A-200 9 of 72 P1ol x 2D,<- h - DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS P. 0. BOX 4970 JACKSONVILLE, FLORIDA 32232-0619 REPLY TO ATTENTION OF ,,, cC1� f1�i 1991 EXHIBIT "C" ARMY CORP Regulatory Division South Permits Branch JAN 31 1991 891PK 90066 Mr. Mike Schram Riomar Engineers & Contractors, Inc. 420 Fourth Avenue yAialantic, Florida 32903 Dear Mr. Schram: We are pleased to enclose the Department of the Army permit and a Notice of Authorization which should be displayed at the construction site. Work may begin immediately but the appropriate Regulatory section Chief as representative of the District Engineer must be notified of: a. The date of coaii6ncetnent of the work. b. The dates of work suspensions and resumptions if work is suspended over a week, and c. The date of final completion. Regulatory Section Chiefs addresses and telephone numbers are shown on the enclosed map. The Section Chief is responsible for inspections to determine that permit conditions are strictly adhered to. A copy of the permit and drawings must be available at the site of work. IT IS NOT LAWFUL TO DEVIATE FROM THE, APPROVED PLANS ENCLDSED. Sincerely, Enclosures Lli)n� R. Hall Wi Chief, Regulatory ivision RECEIVED. APR z 5 NO C;}X of SebastsaT`! community Development DOPL 20 of 72 r 2 9111 -1.z {— ff .1i �s � aee 64�s -,� �KG��E�re�.! c `- C.f lcr. E.1 KIP- : .6 F-4�,JZ- cI U.s,G, r �.�� rtJuros�; .� ' � k— ^...�.I� J�L�j�, APPLICATION11Y. f--If�'I vl La DATUM: Mean stn level USC k GS {1428) ADIACENTPRO RTYOWNERS: f0U)111-0 r?rvr-r, -F'^`;ra:�s�2.7hr�'z� ISI GMA R Engineer's & Contractors, Inc. 420 Fourth Avenue Indialantic, Florida 32.903 DATE: / /1 �� LPK- QOO'16 COE f: DER1: _, l _!�', rJ L? c� ? �5l ac r. ��9of 12 24 Of Et.1VIROH,u�. �� t -d Florida EXHIBIT ""D" Department of Environmental Regulation 4F Central District • Lawton Chiles, Governor PrAfE OF FIOR�DA Permittee: Sembler & Sembler, Inc, Post Office Box 1796 Melbourne, F1 32902 3319 Maguire Boulevard, Suite 232 • Orlutdo, Florida 32803-3767 I. D. Number: DER/DEP Permit/Certification Number: 31-205237-4 Date of Issue: 6/29/92 Expiration Date: 6/29/97 County: Indian River Latitude/Longitude: 27049 00"/80026'00" Section/Township/Range: 31 / 309 / 39E Project: Sembler & Sembler, Inc. This permit is issued under the provisions of Chapter(s) 403, Florida Statutes, and Title 17 Florida Administrative Code Rule. The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawing(s), plans, and other documents attached hereto or on file with the department and made a part hereof and specifically described as follows: To complete construction of a restaurant structure (120 feet by 70 feet) in the Indian River which was previously permitted by DER on July 25, 1986 (Permit No. 31-113589-4). The construction of _a 97 foot long by 8 foot wide wood ramp on the north side of the restaurant and a 97 foot long by 12 foot wide concrete ramp on the south side. A total of 44 linear feet of coquina rock will be placed around the ramps at a 2:1 slope. Mitigation to offset the impact to the project includes the planting of the entire area with Snartina spp., Juncus americanus and sea daisy. LOCATION: State Road 512 to Indian River Drive, left on North Indian River Drive to 1660 North Indian River Drive in Sebastian, Section 31, Township 30 South, Range 39 East in Indian River County. 1' DER FORM 17-1':201(5) Effective November 30, 1982 Page 1 of 8 22 of 72 N�rnlrrl � 1'nlrrr k 4SEA FOR PtAN7" OF -WAR7?V AL7DiWir-LORA ON 2 FT AT SP SWE aEVVION AS E1JSTRoG MACE ar CEyTLR- JUMVLIS AWD?fCW AMP -VA aUSY MMM ALnDZ%WL0gt 0y, wee-., 69 La � 9s "t CON--4rrf- 5L48 TDP WAIM i� � (5 ;{tiFCrt 1992) i � 50- 6.1 CJ?-73 r 6' .73 14� or 713 10 PERMiT 3 ?205237 '00 S 6p REVISED: 6-22-92 SCALE: 1- = 50' \\,-s 88,51,00-W RIG)Lff OF 20.00, NOTE: FOR PERMIT USE ONLY!Il N) EXISTING/PROPOSED PLAN MEW R10MAR Engineers & contractors, inc. co 0 420 Fourth Avenue - Indiclantic, Floriclo 32903 N) -4 SEMBLER & SE18LER7 INC_ BASF-- APRIL 15, 1992 INDIAN RIVER COUNTY, FLORIDA wax= wwwz' I P2 P92112 IRMMALL A- BYFEEX PZ 141WaEX- 2_U51 DAYE •• PERNA5ifR DECK AWAAC --- --1 r— --n -T 7A� In L7w ! I1W-W- � = aEPAm ` WE?laL77r PROPO-SM.M AW &0"%0nCff Ak-A fSa- BaDO AREA t ; c1 w - F1LItR aLOlH NZ J f \ i �i � � • y� REVISED. f-22-92 ! , ,' ' r 4 W 1-0 BE A7' --t SLOPE _ N.T.S. NOTE: FOR PERMIT USE ONLY!!! SECTION A --- A RIOMAR Engineers '& Contractors, lac. 424 Fourth Avenue - Indialantic. Florida 32903 SEMBLER & SEMBLER, NC. aIF-, APRIL ts, 1992 I� P3 I INDIAN RIVER COUNTY, FLORIDA PROJECT "WEQR- P92112 RMaQJ- A. "M-- PX. kkajaM 2.7451 WE t LIN Lx SE13AST 1 Permit Application No. City of Sebastian HOME OF PELICAN ISLAND Development Order Application Applicant (If not owner, written authorization (notarized] from owner is required) Name: Sembler Marina Partners LTD Address: c/o Underill Management Company- 490 N Harbor City Blvd. , Melbourne, FL 32935 Phone Number: ( 321 ) 242_224 x 1 1 2 FAX Number: (321) 259-4893 E -Mail buz@underill.com Owner (If different from applicant) Name: Same as applicant ! Acdress: Phone Number: ( ) - FAX Number. ( } E -Mail: Title of permit or action requested: Variance Request- Building Height (Proposed Deck Restaurant) PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REOUESIING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-112° BY 11° COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED, ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORK A. Project Flame (if applicable): Squid Lips B. Site Information Address: 1660 Indian River Drive Lot: Block. Unit: Subdivision: Indian River County Parcel #: 30-39-31-00000-0010-00002.0 Zoning Classification: CWR Future Land Use: RMU Existing Use: Restaurant/Marina Proposed Use- Restaurant/Marina rC Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets If necessary]: E In association with the proposed activities under the project title "Squid Lips", currently under Major Site Plan Modification review, the proposed permit request is for a variance of the size and dimension criteria of 25' building height as specified under Sec. 54-2-5.5(c .+rftEkim. LUk � F;t Sq -a 10 (4-)C& DATE RECEIVED: 1la3! FEE PAID: $ AD CO. 00 RECEIVED BY:�' RECEIVED APR 2 3 2019 City of Sebastian Community Development DoP4 25 of 72 D. Project Personnel: Agent: Name: Address Phone Number.- E-Mail: umber:E-Mail FAX Number: ( ) Permit Applicat:on No, ,attorney; Name: Address Phone Number.- ( ) - FAX Number: ( } E -Mail: — - Engineer: Name: MBV Engineering, Inc. Address I835 20th Street; Vero Beach, FL 32960 Phone Number: ( 772 ) 569 -0035 FAX Number: (772 ) 778 3617 E -Mail ryanm@mbveng.com Surveyor: – Name: William Matt Land Surveying, Inc. j Address 3800 W. Eau Gallie Blvd., Suite I01 Melbourne, FL 32934 Phone Number: ( 321)- 751 - 4444 FAx Number. (321) 751-4455 E -Mail: jon@wmisi.com BEING FIRST DULY SWORN SAY T U , DEPOSE AND HAT; X IAMTHEOOINER\ZI A1.1 THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT NATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, NIAPS, DATA ANDIOR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BESTOF to9Y KNOWLEDGE AND BELIEF. / 4 SIGNATURE' DATE SV'lQRN T AN UgSCRlBED BEFORE hIIE BY l V 00 PE NALLY KNOWN TO NIE ORP ODUCFD AS IDENTIFICATION, THIS '7:Z, DAY OF L_ , NOTARY'S SIGNATURE PRINTED NAME OF NOTARY �crrb � COM10ISSION No,/EXPIRATION SEAL: Z w. "'• i Tis" PAt+I WTOPOULOS .- MY COMMISSION 1 FF 224371 • EXPIRES: August 24, 2019 ' R ?!' Bonded Thru NotYy Public Undan kem 26 of 72 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. IIVJE, X THE OWNER(S) I _ THE _EGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED ViHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Planning & Zoning BOARD/CONIMISSION OF THE CITY OF- SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MYIOUR PENDING APPLICATiON. 11V'WE HEREBY WAIVE ANY OBJECTION OR DEFENSE ONE MAY HAVE, DUE TO THE QUASI-JUDICIAL MATURE OF THE PROCEEDfNGS, RESULTING FROM ANY HOAR0ICOUMMISSION 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 CCNSENT IS BEING SIGNED BY MErUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIEC OR PROMIS MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR CR OFFICIAL OF THE CITY OF SEBASTIAN, SIGNATUREr DATE I jIr ] ilull� Sworn to an ubscri'oed before me by wis ersonally known to me or pro used as identification, this Z2- day of l._ 20. Notary`s Signature Printed Name of Notary G I T I.US Commission NoJExpiraticn 3 1 26 i Seal: APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. �/ - W2Z�� ACKNOWLEDG} IE T DATE 27 of 72 11SH PANAGI0T0PWL08 MY COMMISSION t FF 224371 EXPIRES: August 24, 2019 Wdeffhrs f RGh 9onded TbTU NaW pup APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. �/ - W2Z�� ACKNOWLEDG} IE T DATE 27 of 72 Permit Application No. .m.l HCWE OF PLLIC"ISLMD Supplemental Information Application to the Board of Adjustment X 1. This application is for a (check one): X variance(s) appeal(s) X 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary): 1. VaL *kmi c L4 to ai`luw fbr a L-uofpite-i 4.12 Lu aL;i 1 i ta iLSI[auLaLLt Upr-ialluLL aLLd C+LOfiu • • • • . 2. Variance of Sec. 54 -2 -5.44A4 -to allow for nr000sed structure of 25' to ridaeline to be measured from the finished floor of the existing slab, set previously in accordance with ACOS reeulation, in lieu of BFE or average trade. X 3. Legal description of the property involved: See attached. _�L 4. Attach the following: X a. Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel -at issue, the location of all structures, if any, along with adjacent streets, and all easements and right-of-ways. X b. Additional data and information as required to properly advise the Board of the facts and circumstances needed to decide the case on its merits. X c. The names and addresses of all property owners whose property or part of their real property is within 300 feet of any outer boundary of the lot or parcel of land that Is subject of the application. 28 of 72 LEGAL DESCRIPTION: (BY SURVEYOR) A portion of Submerged land and lands described ill O.R. Book 0871. Page 1386 and lands described in D.R. Book 0938, Page 1889 and O.R. Book 2023, Page 1074, inclusive of the Public Records of Indian River County, Florida, being more particularly described as follows. Commence at the intersection of the South Right -of -Way line of Davis 'Street (formerly known as 9th Street) and the West Right -of -Way line of Indian River Drive (formerly known as Riverside Drive, U.S. Highway No.1 and Old Dixie Highway) as shown on a Boundary Survey performed by Jackson Associates, Dated March 12. 1990; thence South 24145'07" East along said West Right -of -Way line, a distance of 109.38 Feet; thence South 23`29'08" East along said West Right -of -Way line, a distance of 1.57 Feet to a point on the North line of the South 216.50 feet of Lot 5. Estate of August Park, according to the Plat thereof, as recorded in Plat Book 1, Page 19. of the said Public Records of Indian River County; thence North 89'04'44"- - - East along said North line of the Sottth 216.50 feet of Lot 5, a distance of 71.47 Feet to a point the East Right -of -Way line of said Indian River Drive arid The POINT -OF - BEGINNING (surveyed from N.A-D. 8390); thence continue North 89104'14" East along said line, a distance of 29.35 Feet; thence North 691125'13" East, a distance of 189.60 Feet; thence South 23'34'19" East. a distance of 177.05 Feet; thence South 69125'13" West, a distance of 105.36 Feet to the Mean High Water Line (0.75' N.G.V.D. (1929) Contour) of the Indian River; thence rtin along said Mean High Water Line for the following fifteen (15) calls; South 5208'39" East, a distance of 15.30 Feet; thence South 52117'52" East, a distance of 18.92 Feet; thence South 51'04'16" East, a distance of 15.64 Feet; thence South 50'4B'59" East. a distance of 6.61 Feet; thence South 19°00'22" East, a distance of 7.44 Feet; thence South 27'34'12" East, a distance of 13.21 Feet; thence South 29°44'25" East. a distance of 28.49 Feet; thence South 02130'24" West, a distance of 5.51 Feet; thence South 2018'30" East, a distance of 29.38 Feet; thence South 18'53'45" East, a distance of 19.41 Feet; thence South 19'57'25" East, a distance of 18.76 Feet; thence South 03°24'54" East, a distance of 18.05 Feet; thence South 0716'41" East, a distance of 31.89 Feet; thence South 26159'55" West, a distance of 19.31 Feet; thence South 02407'01" East, a distance of 21.32 Feet to a Point on a line of acquiescence described in the District Court of Appeal of the State of Florida, Fourth District, Case No. 4D01-4718, Opinion filed April 16, 2003; thence South 89'04'14" West along said fine of acquiescence, a distance of 109.57 Feet to the said East Right -of -Way fine of Indian River Drive; thence North 22021'52" West along said East Right -of -Way line, a distance of 204.40 Feet; thence North 23'29'08" West afonQ said East Right -of -Way line, a distance of 196.93 Feet to the POINT -OF - BEGINNING. Containing 1-60 Acres of land more or less. 29 of 72 0YOF 5 HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY, FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING ON WEDNESDAY, MAY 8TI, 2019, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2-5.10(a)(2) OF THE SEBASTIAN LAND DEVELOPMENT CODE. SEMBLER MARINA PARTNERS, LTD, IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA), IS REQUESTING A VARIANCE FROM THE BENCHMARK BY WHICH BUILDING HEIGHTS ARE MEASURED. THE APPLICANT WOULD LIKE TO MEASURE THE HEIGHT OF HIS PROPOSED BUILDING FROM THE FINISHED FLOOR ELEVATION OF THE EXISTING OVERWATER CONCRETE PAD WHEREAS THE CODE REQUIRES THE HEIGHT TO BE MEASURED FROM THE FEMA BASE FLOOD ELEVATION FOR THE PROPERTY, WHICH IS 4.5 FEET LOWER THAN THE EXISTING PAD. JIM HILL, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY 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. (286.0[05 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 (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. Published: Wednesday, April 24, 2019 30 of 72 1. 2. 3. 4. 5. 6. 19.055 19.056 19.057 cm cf HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, APRIL 24, 2019 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Hill called the Regular City Council Meeting to order at 6:00 p.m. A moment of silence was held. Boy Scouts of America, Troop 505 led the Pledge of Allegiance. Roll Call Mayor Jim Hill Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan Citv Staff Present City Manager Paul Carlisle City Attorney James Stokes City Clerk Jeanette Williams Administrative Services Director Ken Killgore Public Facilities Director/Airport Director Scott Baker Community Development Director/CRA Manager Lisa Frazier Leisure Services Director Brian Benton Police Chief Michelle Morris Police Lieutenant Constantine Savvidis AGENDA MODIFICATIONS -None PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. A. Proclamation - Lions Club 601h Anniversary Celebration Dav — April 27, 2019 Lion Jeanne Diehl, Vice President, Sebastian Lions Club Mayor Hill read and presented the proclamation to Ms. Diehl. B. Proclamation Arbor Dav — April 26, 2019 Mayor Hill read and presented the proclamation to the Community Development Director. C. Proclamation - World T'ai Chi & Qiciona Dav — April 27. 2019 — Kathv Falzone, Citv of Sebastian Recreation Supervisor 31 of 72 Regular City Council & CRA Meeting April 24, 2019 Page Two Mayor Hill read and presented the proclamation to Ms. Falzone who invited the public to join the T'ai Chi practitioners at their Earth Day class on Saturday. 19.058 D. Presentation - Coastal Resiliencv Plan - Chris Niforatos, P.E. - Kimlev-Horn & Associates Mr. Niforatos presented a PowerPoint presentation outlining his flood risk evaluation of the City. (See attached) Brief Announcements April 26 — Chamber Concert in Riverview Park — The Mixers (rhythm & blues, rock & roll, jazz, zydeco) - 5:30 to 800 pm April 27 — Natural Resources Board Earth Day in Riverview Park — 9 am — 4 pm May 11 — Craft Club of Sebastian Show in Riverview Park — 10 am — 3 pm Vice Mayor Kinchen announced the upcoming events. 7. Recess Citv Council Meetina and Convene as Communitv Redevelopment Agencv Chairman Hill recessed the City Council meeting and called the Community Redevelopment Agency meeting to order at 6:19 p.m. A. Approval of Minutes - February 27, 2019 CRA Meetinq MOTION by Mr. Dodd and SECOND by Vice Chairperson Kinchen to approve the February 27, 2019 CRA Meeting minutes passed with an unanimous voice vote. B. Award Work Authorization Under the Continuing Services Aareement with GAI Consultants. Inc. in Amount of $19.960 for Riverview Park Canopv Protection Plan and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Aareement, Exhibit) The City Manager explained this plan would help the City protect the tree canopy at the park. The Community Development Director added that the plan would map out the best uses with the least amount of damage to the trees at the park. MOTION by Mr. Dodd and SECOND by Mr. lovino to approve the work authorization with GAI Consultants, Inc. to develop a Riverview Park Canopy Protection Plan. ROLL CALL: Vice Chairperson Kinchen - aye Mr. Dodd - aye Mr. lovino - aye Mr. McPartlan - aye Chairman Hill -aye Motion carried. 5-0 8. Adiourn Communitv Redevelopment Aqencv Meetina and Reconvene as Citv Council Mayor Hill reconvened the City Council meeting at 6:21 p.m. 9. CONSENT AGENDA A. Approval of Minutes -- April 10, 2019 Regular City Council Meeting 32 of 72 Regular City Council & CRA Meeting April 24, 2019 Page Three 19.067 B. Resolution No. R-19-12 — Authorizing the Chief of Police to Expend LETF Money for Court -Related Expenses in Future Forfeiture Actions (Transmittal, R-19-12, Draft Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING AUTHORIZATION FOR THE CHIEF OF POLICE TO EXPEND LAW ENFORCEMENT TRUST FUND MONEY FOR COURT -RELATED EXPENSES IN FUTURE SEIZURES UNDER THE FLORIDA CONTRABAND FORFEITURE ACT; PROVIDING FOR A PROCEDURE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 19.024 C. Approve Purchase of the Pickleball Complex's Lift Station, Fire Hydrant, and Related As-Builts from Timothy Rose Contracting, Inc. in the Amount of $24,661.00 (Transmittal, Rose Quote, Maxwell Quote) 19.059 D. Award Bid to Hulett Environmental Services for Pest Control Services for Citywide Facilities in the Annual Amount of $5,940 with Two, One -Year Extensions and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Bid, Bid Tab, Agreement) 19.060 E. Approve Wreaths Across America Special Event at Veterans Memorial Park on Saturday, December 14th, 2019 (Transmittal, Application) Council Member Dodd asked to remove item E. MOTION by Council Member McPartlan and SECOND by Mayor Hill to approve consent agenda items A through D. Roll Call: Council Member lovino — aye Mayor Hill — aye Council Member Dodd — aye Motion carried. 5-0 Item E — Wreaths Across America Special Event Council Member McPartlan — aye Vice Mayor Kinchen — aye Council Member Dodd confirmed there would not be a charge to the organization for using the park and thanked Carolyn Sartain -Anderson, Claudia and Adria Martino for their attempt to hold this event in 2017. MOTION by Council Member Dodd and SECOND by Vice Mayor Kinchen to approve the Wreaths Across America Special Event at Veterans Memorial Park in Saturday, December 14, 2019 passed with a unanimous voice vote of 5-0. 10. COMMITTEE REPORTS & APPOINTMENTS - None 11, PUBLIC HEARINGS - None 12, UNFINISHED BUSINESS - None 33 of 72 Regular City Council & CRA Meeting April 24, 2019 Page Four 6:24 pm 13. PUBLIC INPUT Dr. Graham Cox, 1213 George Street, asked what was the resolution of the Canal Vegetation Removal item at the last meeting. Mayor Hill stated that Council asked staff to outline the current process the City uses to keep the canals and waterways clear and to bring forth any alternatives to the plan. Dr. Cox asked that the report include the problem and alternatives for each segment of the waterways, for example a yard by yard analysis; and an integrated pest management plan as used by the state Fish and Wildlife Commission. He drafted two resolutions and a list of alternatives for consideration. (See attached) Council Member Dodd stated Dr. Cox's requests amounted to a $75,0004100,000 consulting contract which isn't what City Council asked the City Manager to do. He noted that people talk about what they want to do, but no one has contacted the City Manager with proactive solutions or ways to fund it. He asked that he contact the City Manager. Joann McGrath, 7945 134`x' Street, suggested there be a task force so the City Manager does not have all the responsibilities to complete the report by himself. She cited research that she has undertaken. Pamela Parris, Vice President of the Sebastian Property Owners, thanked the City Manager for agreeing to come to their May 61" meeting to discuss using non-toxic pesticides. She noted she did not hear back from a public record request regarding the cemetery yet. Nancilee Wydra, Vero Beach, said there would be possible financial problems if Sebastian continues to use glyphosate. Terry Meir, 11155 Roseland Road, said he would like to see the health of the environment continue and make sure other alternatives are explored. Mayor Hill called for a recess at 6:46 p.m. and reconvened the Council meeting at 6:49 p.m. All members were present. 14. NEW BUSINESS 19.061 A. Sianaae Master Plan Presentation by City of Sebastian Community Development Director, Lisa Frazier. AICP and City of Sebastian Leisure Services Director, Brian Benton, CPRP The Community Development Director displayed a PowerPoint presentation describing a citywide signage plan. (See attached) 34 of 72 Regular City Council & CRA Meeting April 24, 2019 Page Five Through an additional PowerPoint presentation, the Leisure Services Director described how the next agenda item would allow the improvement and consistency of current park identification throughout the City; and update the Pelican Path signage to show walking and bikepath connectivity throughout the park system. The Community Development Director said staff will choose the final palette and bring it to Council for final approval. Mayor Hill asked to include the recognition of Stan Mayfield in the Working Waterfront sign. 19.062 AA. Award Work Authorization Under the Continuina Professional Planning and Landscape Architect Consultant Services Aareement with GAIICommunity Solutions Group, Inc. in Amount of $22,990 for the Park Identifyinq Signage Master Plan Proiect (Transmittal, Scooe, Pricina) The City Manager said this would give authorization to have the park signage assessed and inventoried. MOTION by Council Member McPartlan and SECOND by Council Member lovino to approve the Park Identifying Signage Master Plan Project with GAIICommunity Solutions Group, Inc. Roll Call: Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Motion carried. 5-0 19.063 B. Approve Cooperative Aqreement with Guardian Communitv Resource Manaaement, Inc. for Communitv Development Block Grant (CDBG) Consolidated Planninq Services in the Amount of $25,000 through the Osceola Countv Aqreement RFP-17-9607-VJ and Authorize the Citv Manaaer to Execute the Aoorooriate Documents (Transmittal. Aareement, Exhibits, Osceola Aqreement) The City Manager said the City is eligible for the Community Development Block Grant and Guardian Community Resources Management has agreed to complete a five year plan to receive those funds. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve a cooperative agreement with Guardian Community Resource Management to development a five year Community Development Block Grant plan. Rall Call: Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino -- aye Council Member McPartlan — aye Motion carried. 5-0 35 of 7Z Regular City Council & CRA Meeting April 24, 2019 Page Six 19.064 C. Assiqnment of Airport Lease to Pilot's Paradise. Inc. for the East Office Wind of the Airport Terminal Buildino (Transmittal. Letter, Floor Plan, Aqreement) The City Manager said Pilot's Paradise has requested to move into a portion of the Administration Building where National Aperture will soon be vacating. MOTION by Council Member McPartlan and SECOND by Vice Mayor Kinchen to approve a lease to Pilot's Paradise for the east office wing of the Airport Terminal Building. Roll Call: Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Motion carried. 5-0 19.065 D. Resolution No. R-19-11 — FDOT PTGA to Remove Obstacle Trees Affectinq Approve to Runwav 23 at Sebastian Municipal Airport (Transmittal, R-19-11. Grant) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE REMOVAL OF TREE OBSTACLES AFFECTING THE APPROACH TO RUNWAY 5123 AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution No. R-19-11. The Airport Director explained this grant would fund the removal of trees obstructing the vision of Runway 23's flight path and help pilots safely descend. He requested approval. MOTION by Council Member lovino and SECOND by Council Member McPartlan to approve Resolution No. R-19-11 to remove the obstacle trees at Runway 23. Roll Call: Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen — aye Motion carried. 5-0 19.066 E. Award Six -Year Roadwav Pavinq Service Agreements to Pavement Technoloqv, Inc., Asphalt Pavina Svstems, Inc.. and Ranger Construction Industries, Inc. for "As Needed Pavinq Services" with Two, Three -Year Extensions and Authorize the City Manaqer to Execute the Aporooriate Documents (Transmittal, Bid, Responses, Tab) The City Manager said in anticipation of the six-year roadway management plan, three companies responded to the request for bid. He noted each had different expertise and staff felt it was appropriate to award all three contracts. 36 of 72 Regular City Council & CRA Meeting April 24, 2019 Page Seven MOTION by Council Member Dodd and SECOND by Vice Mayor Kinchen to approve paving agreements to Pavement Technology, Inc., Asphalt Paving Systems, Inc. and Ranger Construction Industries, Inc. Roll Call: Council Member lovino — aye Mayor Hill — aye Council Member Dodd — aye Motion carried. 5-0 15. CITY ATTORNEY MATTERS Council Member McPartlan — aye Vice Mayor Kinchen — aye The City Attorney stated he attended an opioid summit where two Treasure Coast law firms are pursuing claims for municipalities. He said one firm was approaching it from a federal lawsuit and the other from a state court lawsuit. He asked how Council felt about getting involved with individualized lawsuits which will require proof of financial detriment. He noted the law firms were going after the manufacturers of pharmaceuticals who ignored the dangers of prescribing the opioids; and he had concern that private law firms were approaching municipalities as opposed to the Police Chief bringing forward a concern. It was the consensus of Council not to engage the law firms. He stated he would be in Tallahassee next week but be accessible by e-mail and phone. 16. CITY MANAGER MATTERS - None 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Council Member McPartlan - None B. Mayor Hill congratulated Macy Nicole Hill and Chandler Keeler on the birth of their daughter, Mila Nicole Keeler, who is his first grandchild. C. Vice Mayor Kinchen thanked the Leisure Services Director and the employees for last Saturday's amazing Easter Egg Hunt. D. Council Member Dodd — None E. Council Member lovino - None 19. Being no further business, Mayor Hill adjourned the Regular City Council Meeting at 7:18 p.m. Approved at the May 8, 2019 Regular City Council Meeting. Mayor Jim Hill ATTEST. 37 of 72 LM 0- SE�T�V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: May 81h, 2019 AGENDA ITEM TITLE: Indian River Shores Fire Truck Pull Special Event Approval and Street Closings on June 81h, 2019 RECOMMENDATION: Staff Recommends Approval of the Indian River Shores Fire Truck Pull Special Event and also approval to close Sebastian Blvd and Harrison Street as shown in the attachment. BACKGROUND: Indian River Shores Public Safety Department would like to host their 1st Annual Fire Truck Pull at Riverview Park on June 8`h, 2019. This event is put on to raise money for the Special Olympics of Florida. The request for the event includes usage of Riverview Park, closing Sebastian Blvd from US 1 to Indian River Drive, closing Harrison St. from the Splash Pad to Indian River Drive, and also permission to have alcohol at the event. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: N/A Administrative Services Department/CFO Review: � l ATTACHMENTS: 1. Park Use Permit Application 2. Event Flyer 3. Road Closure Map City Manager Authorization: Date: 1f/ 38 of 72 ❑TY J SEFVkS-TLAJV HOME OF PELICAN ISLAND CITY OF SEBASTIAN 2019 PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772)228-7054 Fax: (772) 388-8248 *For emergency purposes ONLY, please dial 772.473.0454 Date: JC' NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA Please check appropriate box; WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS. ORD. 74-4 DRIVING OR PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE OF THE SECURITY DEPOSIT. Pavilion Rental Only * $100 Security Deposit - $50 Rent plus 6.7% tax - $53.35 Park Event (75 to 300 anticipated attendees) $100 Security Deposit - $100 rent plus 6.7% tax - $106.70 Special Event (301 or more anticipated attendees) City Council Approval $200 Security Deposit - $200 rent plus 6.7% tax - $213.40 *Alcoholic Beverage Request for any event requires City Council Approval Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) (6001 f� . 4q �rt Physical Address Mailing Address if Different ltl I 231 � 321W; N5 City State Zip Phone E -Mail Facility (Park or Pavilion) Requested Anticipated Number of Attendees 05 zG�la ,2e - 3 Req ested Dates) Time Ffom - To Rain Date (if applicable) Will there b any sale of oonc(i5r? Yes No (If yes, please describe type of goods on back) f (,c�Q Q OXA � OAQ- `- J NndolLS Will there e food or other vendors? Yes No (If yes, please list name, address of each on back with description and schematic of structures (tents, etc.) to be erected or otherwise assembled on back. (May require Health Dept. or IRC Fire Dept. permit) I, �{ the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization. I am aware of the provisions of the City of Sebastian Codes in respect to this application and use of City facilities for which I have applied for a permit for a Park Event or Special Event. I have been provided with the general rules prescribed by the City and a ee-trstPfe terms thereof. Signature of pli nt / 39 of 72 /Cl)l 1",/A -- J /0 �.er�YriS 0 T4S�-74,) 40 of 72 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION List Any Vendor Information and/or Schematics on this page /,4/ NAME ADDRESS TYPE a � m � -mine- nr✓r.l a2�s� SCHEMATIC: �tqe--q 1-e OFFICE USE ONLY: SPECIAL CONDITIONS IMPOSED BY CITY MANAGER OR CITY COUNCIL: 41472 It's the ultimate tug of war challenge and a GREAT team -building event! Gather a team of 5 for first responders (police officer, firefighter, or paramedic), team of 5 for gym members and team of 8 for civilian and play "tug of war" with a 65,000 -Ib fire truck. The team with the Fastest Team Pull will be named the Fire Truck Pull Challenge Champions! FU Fa IF F LICIR-91 G 0 (6!-R11 FOGS Saturday June 8th 2019 Bring all of your biggest fans to cheer you on during your pull! It's excitement for all ages! Athletes from Special Olympics Florida will be in attendance. Reglstwatlon bagine at 8:00am Fire Truck Pull is a Special Olympics® run for Special Olympics event. Special Olympics athletes and Law Enforcement officers carry the "Flame of Hope" at the Opening Ceremonies for Special Olympics competitions around the world. Flrst TVpmd7 ders Gym Tea ms, and CIAllan Teams. ]oln us and be the `rage" of your Mverview Park 600 U9 Hwy 1 Oe�aoVlan FL, 32958 sk 42 of 72 131 11 SE Riverview Park Complex HOME Of PELICAN ISLAND CITY OF SEBASTIAN, FLORIDA h, C001IDGE51' WOW Y ---- - Fi rc 7rdaf< PJ r 1 SI'11. s CLQ\ BLVD Fo,d Tru As RIVERVIEW PARK I [ARRISON S'l .., k.• .. _.. ®�x ail � � 1"• . r of LEG EN D � Rutdicappcd Spurs Resi roott is -K picnic TabIrs MA2018 Maps\RiverviewParkComplex_2018 TWIN PIERS COS GIS4i8761( 1lg CROF SE�T�I HOME OF PELICAN ISLAND COUNCIL MEETING DATE: AGENDA ITEM TITLE RECOMMENDATION: BACKGROUND: ATTACHMENTS Clerk Authorization: Date: 15-1 - I CITY COUNCIL AGENDA TRANSMITTAL May 10, 2019 Planning and Zoning Commission - Fill one expired, regular member position Interview, unless waived, submit nominations for one expired regular member position with a term to expire May 1, 2022 In response to my advertisement, Joel Roth would like to serve another term. He is the only applicant. Application, Ad, List 44 of 72 MCF S HOME OF PELICAN ISLAND .iFFICE OF CITY CLERK 2010 J��h 20 RM 10 59 APPLICATION TO SERVE ON CITY BOARD/COMMITTEE Q (All Citv Board and Committee Members Must be Residents of the City of Sebastian) NAME: J oeI o HOME ADDRESS: (9?4 & . Lm ie -u -D D r, '2ZGS c> -&A% -F A k,., -LLA CC HOME PHONE: -17 Z Sq 6iS�i 4 HOME FAX: J �, I Irof-' @� E-MAIL: tA5ft, N M 0 �� CD (nU BUST NESS: 1-E i r�C.� - �c tiwe� 13a eke tr R EA L7t<Z C m 0 Ev M BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ��5 HOW LONG? (01Z[C'4S DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? Ot-_ WHICH BOAR DS/COM MITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 201 t) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets dating summer) CONSTRUCTION BOARD (permanent board - meets once a month)` HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board — meets quarterly) V PLANNING AND ZONING COMMISSION (permanent board --meets twice a month)' POLICE RETIREMENT BOARD OF TRUSTEES Ipermanent sta tutory board- meets quarterly)` PARKS & RECREATION ADVISORY COMMITTEE (permanent board — meets once a month) NATURAL RESOURCES BOARD (permanent board— meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Filing of finarcial disclosure is required following appointment 45 of 72 APPLICABLE EDUCATJON AND/OR EXP RIENCE: (a brief resume is required) tq&o H• S. CIMAZA.d C.�a.f'enG6, IC1► (462 -b'- Atm,jecp pn,,-i e. ,,, a( Eur�c 3ck$5e:; gork) (11S rM, ic($r 5chooio`tt'�n1cNl�rk��S��.3otilc�e�Go. Z�e>�'s-��c��a�ed HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYfNQ FOR? 5�rv4�� n 41� i ,is u cklC� n. G'►�I- �fa+nCo sn +s��.0" 44vi- aw5 Vete-PT-,2 leoi (3-*��'s)W'A co c�rlakV- k c.c m,\'ki+iee- +a C�--tieA v -i-�e_ � (--vr-e �e1s k VA- p �uy7, lis a QeA L,TVll; I- Le -\Jew�'LQ I,,C� C-: r�M(-- ► c44 t�j 1 ► s � t cxv �es;c�,eU�1ta [ couicevnsipcoWpf"c a.;AJ4�L uve r1�veYr�c . LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE:_ Sia vc �` o n �u1 hGvrvww�s ss o A ��j cc +�a,vf� 4�haw aS�Sq,u.ticc�v�r�tlti Vv1-A65(DV)GS C-vC�krCeVe.��C�Q �"•t+r ha b e rxy��P, CL&CA <'4 t,l to cZr) I A $ 3 -- (,) c14 ! HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL 00 TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? �e--5 I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which i have provided in this application. i understand that any misrepresentation or omission of information requested in this application is cause for disquali@cation. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached, Information relative to a specific board or committee is availab! ii�ested. App i nt Signature Subscribed and sworn to before me this I � day of 4 , by who is personally known to me, orl has produced as identification, logy �} ;��","""'S_ Nancy G. Midaud c •A00MMM0N,#OD681073 NodPic State of Ionda : '<� = D(PIRES: JUN, 03, 2021 Please return to Office of the City 0109, 12Z5VPAWA\WbV0x§pbastian, FL 32958 - (T72) 589-5330 Iwp-formlapplicat.wpd rev. 712007 46 of 72 Cm Lf BAST HOME OF PELICAN ISLAND April 3, 2019 Contact: City Clerk's Office 388-8215 PRESS RELEASE PLANNING AND ZONING COMMISSION The City of Sebastian is seeking applicants to fill an expired regular member position on the Planning and Zoning Commission. Term to expire 51112022. This is a volunteer position. Applicants must have been a City resident one year prior to application. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with remaining applicants. This Commission meets on the first and third Thursday of each Month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.ora and will be accepted until April 22, 2019. 47 of 72 PLANNING & ZONING COMMISSION 3 -YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 6:00 P.M. MEMBER NAME AND APPOINTMENT HISTORY CURRENT STATUS ADDRESS [MOST RECENT HISTORY FIRST] Robert Hughan Took McManus' regular member position Term to expire 11/1/2020 1244 Larkspur Street 1112017 Sebastian, FL 32958 rhuahan ftellsouth.net Reappointed alt member 2122117 (305) 498-2947 Took Kautenburg's unexpired alternate member position 12/16/15 Rick Carter Reappointed 3122117 Term to expire 4/1/2020 237 Main Street Sebastian, FL 32958 Took Cardinale's expired regular focussys(a,comcast.net member position 4127111 918-4600 Took Durr's unexpired alt member position 219111 Reappointed 3126114 Tahir (Bash) Qizilbash Reappointed 5110117 Term to expire 5/1/2020 103 Barbara Court Sebastian, FL 32958 Bash. pes(d)amail.com Reappointed 3126114 581-0775 Took Paul's expired regular member position 4127111 Louise Kautenburg - Chair Reappointed 2122117 Term to expire 2/1/2020 973 Oswego Avenue Sebastian, FL 32958 Took Durr's unexpired regular member Louisek1Ca7iuno.com position 10/14/15 696-3716 Reappointed 118114 Took Hennessey's unexpired alternate member position 3114112 48 of 72 David Reappointed 519118 Reyes — Vice Chair Rea Term to expire 6/1/2021 y 458 Oak Street Sebastian, FL 32958 Reappointed 6124115 Jdr5347 cD..att.net 453-6157 Reappointed 6113112 Took Simmons unexpired regular member position 311111 Took Neuberger's unexpired alternate member position 7114110 Joel Roth Reappointed 4127116 Term to expire 5/1/2019 1984 E. Lakeview Drive Sebastian, FL 32958 Reappointed 4124113 ioelroth(a)msn.com 589-6894 Reappointed 5112110 Took Buchanan's unexpired regular member position 1127/10 Al Alvarez Took Dodd's expired regular member Term to expire 11/1/2019 492 Quarry Lane position 12/14/16 Sebastian, FL 32958 alalvarez5-aol.com Took McManus' unexpired alternate 532-8767 member position 11/19/14 Charles Mauti - Alternate Took Hughan's unexpired alternate Term to expire 1/1/2020 P. O, Box 782129 member position 1.10118 Sebastian, FL 32978 Cmm3327e,amail.com (772) 205-9448 Bill Simmons - Alternate Took Alvarez's expired alternate member Term to expire 11/1/2019 509 Drawdy Way position 12/14/16 Sebastian, FL 32958 Bsimmons41 Ocomcast. net (270)314-3554 revised 5.14.18 No code provision as to staff liaison. Community Development Director serving as staff liaison. LDC 54-1-2.4 provides Director shall appoint secretary. 4 regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in. 49 of 72 nn Lf SEBA5 A HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 8, 2019 Azenda Item Title: Pavement Management Plan Recommendation: Approve the 6 -year Pavement Management Plan as prepared by Pavement Management Group (PMG) Sack2round: On October 10, 2018, City Council approved a pavement inspection and maintenance management study for City owned roadways. A work agreement was made with CPWG (Cribb, Philbeck, Weaver Group) and PMG to perform the pavement condition analysis and a 6 -year Pavement Management Plan. This evening James Golden, owner of Pavement Management Group, is here to give a short presentation on the overall condition of Sebastian's roads and to offer details regarding the merits of adopting a 6 -year pavement management maintenance plan. Recommendation: Approve adoption of the 6 -Year Pavement Management Plan contingent upon available funds If Asenda Item Involves Expenditure of Funds: The 6 -Year Pavement Management Plan involves the spending of approximately $500,000 for road renovations and preservation on an annual basis. I Administrative Services Department/CFO Review: � � Attachments: 1. PCI (Pavement Condition Index) Report 2. 6 -Year Pavement Management Plan City Manager Authorization: Date: May 8, 2019 50 of 72 3918 N Highland Avenue Tampa, FL 33503 (800) 538.8040 Sales@ PavementManagementGroup.com /f\ PAVEMENT MANAGEMENT GROUP PAVEMENT MANAGEMENT FINAL PROJECT REPORT CITY OF SEBASTIAN, OH Tuesday, January 08, 2019 Pavement Management Group 5193#*11ST- "- HOME OF PELICAN ISLAND 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT TABLE OF CONTENTS EXECUTIVESUMMARY ........................... ..................................................................................................................... 2 2018 STREET NETWORK SUMMARY ..................................... .................................................................................. 2 INTRODUCTION..........................................................................................................................................................2 ASTM INSPECTION PROCESS......................................................................................................................................3 SAMPLEDEFINITION...............................................................................................................................................3 DISTRESSDEFINITION.............................................................................................................................................3 PCI AND CONDITION CATEGORY DEFINITION ........................... ...........4 DIGITALIMAGES.........................................................................................................................................................5 DIGITAL IMAGES - EXCELLENT CONDITION CATEGORY.........................................................................................5 DIGITAL IMAGES - VERY GOOD CONDITION CATEGORY.. ...................................................................................... 6 DIGITAL IMAGES -GOOD CONDITION CATEGORY.................................................................................................7 DIGITAL IMAGES - FAIR CONDITION CATEGORY....................................................................................................8 DIGITAL IMAGES - POOR CONDITION CATEGORY..................................................................................................9 DIGITAL IMAGES - VERY POOR CONDITION CATEGORY..................................................................................... 10 NETWORKCONDITION RESULTS............................................................................................................................. 11 CONDITIONGRAPHS................................................................................................................................................ 11 CONDITION GRAPHS ................................................... ......................... 12 GISCONDITION MAP............................................................................................................................................... 13 GOOGLE EARTH WITH STREAMING VIDEO.............................................................................................................. 14 LOCAL AGENCY CONDITION COMPARISON............................................................................................................. 15 CONCLUSION................................................................................ ..... 16 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT EXECUTIVE SUMMARY The City of Sebastian contracted with Pavement Management Group (PMG) to provide a turn -key Pavement Management Program (PMP). The backbone of PMG's turn -key PMP is the PAVER Pavement Management System (PMS) which provides specific tools such as pavement modeling, maintenance decision trees and budget/target driven scenarios maximizing the return on investment from available maintenance and rehabilitation funds; generating a prioritized plan; and identifying specific areas in need of maintenance and rehabilitation. • Verify and setup any the pavement network inventory • Provide an HD video of each pavement section • Determine total samples to inspect per section • Identify all distress types, severity levels and quantities within through ASTM D6433-11 • Calculate the Pavement Condition Index (PCI) for each pavement section • Assign all pavement management data to GIS • Create GIS current condition map • Create a Google Earth KMZ file of street conditions with HD video streaming link • Provide a complete inventory and condition listing of each pavement section • Provide a final report of findings • Provide continued support services 2018 STREET NETWORK SUMMARY • 148 centerline miles • 290 lane miles (lane = 12 feet wide) • 15,312,918 square feet • 1,413 management sections • Average network PCI is 75 • Average network condition category of Good INTRODUCTION PMG was contracted by the City of Sebastian to provide pavement management services for their 148 - centerline mile (290 lane mile) roadway network. Through these services a field inventory setup of any new streets, an inventory review and inspections were performed on all 1,413 management sections within the network. All inventory items were added or updated within the PMS database and a PC] was calculated for each section. HD videos were taken at each section location (from beginning to end of section). This provides for a virtual, high definition account of the street network, and provides value in a variety of ways such as condition review and network level decision making from the office. This report provides a thorough definition of the inspection process performed as well as the condition results of our project. 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT ASTM INSPECTION PROCESS The PAVER TM PMS defines the pavement network in terms of "Branches" and "Sections". The City of Sebastian street network consists of all maintained roadways within the agency, each street broken down into management sections on a block by block basis. Within each management section, the total number of possible sample locations is first determined, and then approximately 10% of these samples are inspected following ASTM D6433-11. The trained inspector analyzes the HD video using a state-of-the-art HD monitor system, virtually walking the entire section and identifies all distress information for that sample in a representative location. The information is then recorded into the PAVER T' database for Pavement Condition Index (PCI) calculation. The result is a PCI score for each management section. SAMPLE DEFINITION Following ASTM D6433-11 a sample unit size must be between 1,000 and 3,500 sf for proper PCI calculation. To maintain consistent procedure, each sample size was determined to be 100' long x the width of the pavement section. If the section width was over 35' wide, the sample size was half the width x 100'. If the section area was less than 1,000 sf in area size, the entire section was sampled. DISTRESS DEFINITION There are 20 possible distress types that can occur within asphalt based surfaces and 19 possible distress types that can occur within a concrete surface. The U.S. Army Corps of Engineers publishes the Asphalt and Parking Lots Inspection Manuals. This manual provides a description of each distress type, the criteria to determine each severity level (low, medium, high) and how to measure each. The asphalt distress types and correlating classification are highlighted below in Figure 1. 01—Alligator Cracking 02 — Bleeding 04 — Bumps and Sags 06 — Depression 07 — Edge Cracking 09 — Lane/Shoulder Drop 11— Patch/Utility Cut 12 — Polished Aggregate 13 — Pothole 14 — Railroad Crossing OS -Corrugation ieL[ni 15 — Rutting LOAEI ASsOCIAI ED DIS'l RESS CLIMATE BASED DISTRESS Figure 1. Asphalt Distresses 16 — Shoving 17 — Slippage Cracking 18 — Swell OTHER DISTRESS 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT PCI AND CONDITION CATEGORY DEFINITION The PCI is on a scale of 0 —100 with 0 being the worst and 100 being the best. It is calculated by PAVER' through the input of distress type, severity and quantity information. Figure 2 illustrates the factors that go into the PCI as well as the 7 condition categories of the PCI. DISTRESS TYPE 0 DISTRESS EXCELLENT SEVERITY VERY GOOD It GOOD PCI FAIR -tPo" ', VERY POOR DISTRESS QUANTITY Figure. 2 Factors Determining PCI Value To further simplify the PCI, the following condition categories along with the recommended maintenance action for each has been created by PMG: EXCELLENT REJUVENATOR/DO NOTHING 92 VERY GOOD DO NOTHING/CRACK SEAL 82 GOOD CRACK SEAL/MICROSURFACING 68 FAIR CAPE SEAL/MILL & OVERLAY 50 POOR MILL & OVERLAY 35 VERY POOR IN PLACE RECYCLING 20 FAILED FULL DEPTH RECLAMATION 0 Table 1. Condition Category Values 100 91 151 67 49 34 19 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT DIGITAL IMAGES During the inspection process, high resolution video was captured for each management section. A snapshot from several videos have been chosen to provide as documentation for this report of the inspected section location and serves as visual identification as to what types of distresses are occurring within the pavement section. The following 2018 images of pavements from within the Roadway Network provide a sense of what various PCI levels look like: DIGITAL IMAGES — EXCELLENT CONDITION CATEGORY INDIAN RIVER DR I SECTION 02 I PCI 100 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT DIGITAL IMAGES -VERY GOOD CONDITION CATEGORY BROOKEQGE TER I SECTION 02 1 PCI 89 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT DIGITAL IMAGES -GOOD CONDITION CATEGORY COLUMBIA AVE I SECTION 02 1 PCI 71 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT DIGITAL IMAGES - FAIR CONDITION CATEGORY SPRING VALLEY AVE I SECTION 02 1 PCI 55 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT DIGITAL IMAGES- POOR CONDITION CATEGORY St '� �.,.r �...�- L -'t ..v.� w - 1'45.:. }"4��:'��, .i. ±1 - _. i t l' �` •�` '�' \$ �rY •` ! .S .. i.J I ♦ J UfV' i.F '1Aa 11. ,.. i. J � DOLPHIN AVE 1 SECTION 01 1 PCI 38 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT DIGITAL IMAGES -VERY POOR CONDITION CATEGORY OCEAN COVE ST I SECTION 02 1 PCI 28 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT NETWORK CONDITION RESULTS After completion of the 2018 pavement management project, PMG has determined that the average PCI for the City of Sebastian's 290 lane mile (148 Centerline Mile) street network is a 75 and considered to be in Good condition. Table 2 displays the condition summary data by category across the network while Figures 3, 4, and 5 further illustrate the condition breakdown in graph form. A complete Inventory and Condition Report in Excel spreadsheet was provided as a part of this project deliverable. FAILED 0 0 0 0 0% VERY POOR 31 99,219 2 9 1% POOR 42 384,925 7 35 3% FAIR 59 3,002,863 57 271 20% GOOD 76 6,480,845 123 627 42% VERY GOOD 84 4,168,324 79 379 27% EXCELLENT 96 1,176,742 22 92 8% Table 2. Condition Summary CONDITION GRAPHS CONDITION BY PAVEMENT AREA 7, 000,000. 6,000,000. P Cr 5,000,000. LA Lu 4,000,000. a F- 2 3,000,000. LU 5 u� Q 2,000,000. 0. 1,000,000. 0 99,219. 0. FAILED VERY POOR 3,002,863. 384,925. 6,480,845. POOR FAIR GOOD CONDITION CATEGORY Figure 3. Pavement Area by Condition Category 4,168,324, 1,176, 742. VERY GOOD EXCELLENT 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT CONDITION GRAPHS 140 124 100 1A LU J_ 80 LU Z 60 40 20 0 70i_ 60C 500 400 0 i= Lw 300 200 100 0 CONDITION BY LANE MILES 123 57 79 22 7 1 0 2 FAILED VERY POOR POOR FAIR GOOD VERY GOOD EXCELLENT CONDITION CATEGORY Figure 4. Lane Miles by Condition Category CONDITION BY SECTIONS 627 271 379 92 35 ■0 9 FAILED VERY POOR POOR FAIR GOOD VERY GOOD EXCELLENT CONDITION CATEGORY Figure S. Sections by Condition Category 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT GIS CONDITION MAP PMG assigned all pavement management data to GIS and will provide the shapefile to the agency. This allows for a wide variety of mapping options within both ESRI's ArcGIS and Google Earth. The following shows an example of a Latest Condition Map that has been created in both GIS and Google Earth for illustrative purposes. A 22 x 34 plot ready pdf version has been provided as a part of the project deliverable. EXCELLENT VERY GOOD GOOD FAIR POOR VERY POOR MLED PAVEMENT MANAGEMENT RAOUP TU Figure 6. Street Section Latest Condition maps City of Sebastian 2098 Street Conditions I N f•xnec� •:�JL • I.-.k.�.r�,,r. ti3:rt. .tyG.a-'�-_.-.t•..�`'"3. y. T �Er'ek•Ex�"-r+•'i,`kM�Ai� r- 4.•t� / . It � J •� + N•'+ q.• f �' }: 7 ��)� •. WL xb { • �Genesee•7; �r••S7.TE'. k � .�S - zo GiilhlEeaMLliie� !� _' ~ 't 1�;arrtaShAv-e-` j'�� t NIS S, YI �.• N 4 F �. TO y ro `�S'J f7 �. • • �t•Yi � 4g51� F-ge 1 14 • 1 ..,� I S�nbs err i S" - wo gW�ft F-ge 1 14 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT LOCAL AGENCY CONDITION COMPARISON PMG provides pavement management services to a wide variety of agencies within the Florida region, all on the ASTM D6433 standard and PCI 0 —100 scale. The following chart shows a condition comparison of several agency street networks within the local region: AVERAGE NETWORK CONDITION BY AGENCY 100 90 80 75 75 O 70 E 60 z O U 50 Y er C) 40 LU z 30 20 10 0 83 71 74 SEBASTIAN 148 CL LAKE WALES 69 CL VERO BEACH 100 CL LAKE MARY 62 CL LONGWOOD 64 CL MILES MILES MILES MILES MILES AGENCY NAME Figure 8. Local Agency Condition Comparison 2018 PAVEMENT MANAGEMENT FINAL PROJECT REPORT CONCLUSION The PCI study provides for a PCI rating on each pavement section within the maintained roadway network. Based upon the distresses identified within each representative sample location inspected, a PCI number is assigned to each pavement section. This number is on a scale of 0 — 100 with 0 being the worst and 100 being the best. The City of Sebastian street network is approximately 290 lane miles (148 centerline miles) in size. Through the ASTM D6433-11 PCI study, PMG has determined the roadway network to have a network average PCI of 75. This classifies the overall network as being in "Good" condition. PMG would again like to thank you for the opportunity to provide the City of Sebastian with this PCI study and our pavement management services. Our goal is to provide the highest level of services and support, providing our clients with the data, tools and expertise necessary to be successful in their goals of pavement management. Should you require any additional information or support regarding this PCI study or the PAVER TM PMS, please do not hesitate to ask. JAMES GOLDEN ChiefFxecurive Officer Pavement Management Group p: (4001 638-3040 m: 1740; 507-3842 w:;vti•r,,/.PavementManagerrentGroup.com e: james@pavementmanagementgroup cont a: PO Box 2407 Heath. OH 43056 t_et's Connect: in f 2018 Street Condition Map 68 of 72 6 Year Project Plan — All Maintenance Types CITY of SEBASTIAN 6 Year Proposed Project Plan I PA PAVEMENT MANAGEMENT GROUP c fi .:IFT ^ Year Project Plan by Maintenance Type — 2" MILL AND OVERLAY — CAPE SEAL — DOUBLE MICROSURFACING — FDR/CIR IRC Street_ Centerline Sebastian City Limits 69 of 72 CITY OF SEBASTIAN 6 Year Proposed Project Plan 15 PAM PAVEMENT MANAGEMENT GROUP 6 Year Project Plan — All Years 70 of 72 �.... wo, i 6 Year Project Plan by Year w--- YEAR 2019 — YEAR 2020 — YEAR 2021 — YEAR 2022 — YEAR 2023 — YEAR 2024 IRC _Street—Centerline Sebastian City Limits 70 of 72 nry Lf SEAT-" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: May 8, 2019 AGENDA ITEM TITLE: Consider Removal of Construction Board Member Pamela Parris ATTACHMENT: Code Sec. 21-172 71 of 72 Sec. 2-172. - Removal. Any member of a board or committee of the city may be removed from office by the city council without cause by a vote approved by at least four members of the entire membership of the city council. Any member of a board or committee of the city may be removed from office for the violation of any provision of state law governing the conduct of elected or appointed officials; conviction in any court for a violation of law involving moral turpitude; misfeasance, nonfeasance or malfeasance in the performance of official duties; or abandonment of office by a majority vote of the members of the city council present at the meeting where said removal is being considered. Upon the direction of a majority of the city council, a notice of removal shall be served upon the member sought to be removed, which shall specify the grounds for removal. The notice of removal shall be delivered by personal delivery or by ordinary first class mail to the member at the address provided by the records of the city clerk. Service shall be accomplished as soon as is practicable after the city council directs service of the notice of removal. Except as provided in section 2-173 below, the notice shall include a statement that the member has the right to request a hearing before the city council and that the request for a hearing must be received by the city clerk on or before a date to be specified in the notice which shall be seven days from the date of service if the notice is personally served, or ten days from the date of mailing if the notice is served by mail. Upon timely request for a hearing before the city council, the council shall set a date and time for the hearing and direct the city clerk to give the member notice of the hearing. At the hearing, the member may present evidence and argument as to why the removal should not occur. The member may be represented by legal counsel and all proceedings shall be recorded on magnetic tape by the city clerk. The decision of the council may be either to remove, suspend, reprimand or to absolve the member. For purpose of this section, the effective date of removal of a member shall be immediately after the expiration of the time in which the member has the right to request a hearing before the city council. If the member timely requests a hearing, and if the city council decides to remove the member upon the conclusion of the hearing, the removal shall take effect immediately. If a member timely requests a hearing, but withdraws the request prior to the hearing, the effective date shall be the date on which the request was withdrawn. (Ord. No. 0-97-56, § 7, 9-25-97) 72 of 72