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HomeMy WebLinkAbout04-13-2022 CC Agenda111) 0 SEELASTIA ,N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, APRIL 13, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member Nunn 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Presentations ofproclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Proclamation — National Public Safety Telecommunicators Week — April 10-16, 2022 R Proclamation — National Volunteer Week — April 17-23, 2022 C. Proclamation Water Conservation Month — April 2022 D. Proclamation — International Earth Day - April 22, 2022 E. Proclamation — National Arbor Day — April 29, 2022 BriefAnnouncements: Friday, April 15 Leisure Services Annual Easter Event begins at 5:45 pm with Meet the Easter Bunny for photos; Easter Egg Hunt starts promptly at 6:45 p.m.; Sebastian Police Department Movie Night Out "Hop " at 7: 30 pm —Riverview Park Saturday, April 23 — Natural Resources Board Earth Day — Riverview Park — 9 am to 4 pm Saturday, April 23 — Paper Shredding and Electronic Recycling Event — CavCorp Parking Lot — 9 am to noon Saturday, April 23 — Spring Cleaning Drop Off- Barber Street Sports Complex — 9 am to noon 1 of 75 7. 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 resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials far Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate all issue during Public Input but may be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a fitture agenda. S. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. 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 7-14 A. Approval of Minutes — March 23, 2022 Regular City Council Meeting pgs I5-32 B. Resolution No. R-22-11 Abandonment of Rear Easement — 287 Caravan Terrace (Transmittal, R-22-11, Map, Report, Approvals, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 45, BLOCK 299, SEBASTIAN HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. pgs 33-35 C. Approve Alcoholic Beverages at the Community Center for the Montes Family Event on May 14, 2022 from 1:00 pm to 8:00 pm - DOB Verified (Transmittal, Application, Receipt) pgs 36-38 D. Approve Alcoholic Beverages at the Community Center for the Ioffredo Family Event on June 24, 2022 from f :00 pm to 10:00 pm - DOB Verified (Transmittal, Application, Receipt) pgs 39-42 E. Approve Alcoholic Beverages at the Community Center for the Yanez Family Event on October 15, 2022 from 4:00 pm to 10:00 pm - DOB Verified (Transmittal, Application, Receipt) 9. 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. pgs 43-46 A. Police Pension Board of Trustees (Transmittal, Application) Formal Appointment of Mr. Paul Reeves as the Fifth Member 2 of 75 10. PUBLIC HEARINGS Procedures for lezislative public hearinzs: Mayor opens hearing Attorney reads ordinance title Staff presentation Public input Staff summation Mayor closes hearing Council deliberation and action pgs 47-62 A. Second Reading and Public Hearing of Ordinance No. 0-22-02 - Proposed Land Development Code Amendment - Article IX Relating to Concurrency, and Article XVIII and Article XIX Amending Sections Relating to Recreation (Transmittal, Final Copy, Legislative Copy) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.4, CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS BY PROVIDING FOR A NEW SECTION RELATING TO SCHOOL CONCURRENCY; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.7, CRITERIA FOR ADOPTED LEVEL OF SERVICE STANDARD (LOS) RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.8, CRITERIA FOR METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY FACILITIES PERTAINING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3- 9.9, CRITERIA FOR DETERMINATION OF AVAILABLE CAPACITY RELATING TO PARKS AND RECREATION FACILITIES; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-18.4, CRITERIA FOR INFORMATION TO BE INCLUDED IN SITE PLAN RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-19.11, CRITERIA FOR REQUIRED IMPROVEMENTS AND DESIGN CRITERIA RELATING TO RECREATION; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 63-68 B. Continue Second Reading and Public Hearing of Ordinance 0-22-03 - Proposed Land Development Code Amendment - Article XXII and Article XVI Amending Sections Relating to Murals (Transmittal, 0-22-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A DEFINITIONS OF TERMS REGARDING MURALS; AMENDING SECTION 54-3-16.3 PROVIDING FOR EXEMPTIONS PERTAINING TO MURALS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 11. UNFINISHED BUSINESS 3 of 75 12. NEW BUSINESS pgs 69-72 A. Approve Ahrens Companies Change Order #5 in the Amount of $34,548.00 for Increased Material Costs Associated with the Construction of Hangar "D" at the Sebastian Municipal Airport and Authorize the City Manager to Execute the Related Documents (Transmittal, CO#5, List) pgs 73-75 B. Consider Request to Move the August 10, 2022 Council Meeting (Transmittal, calendar) 13. CITY ATTORNEY MATTERS pg 76 A. Request Executive Session Regarding Impending Collective Bargaining Negotiations (Transmittal) 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mayor Hill B. Vice Mayor .Tones C. Council Member MCPartlan Consider Donations to Non -Profit Organizations for Sebastian Residents D. Council Member Nunn Discuss Driveway Culverts and Swales E. Council Member Dodd 17. ADJOURN (All meetings shall adjourn at 9:30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BY CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S SEATING ADA COORDINATOR AT 388-8226 -ADA a CITYOFSEBASTIANORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 4 of 75 ZOOM INFORMATION Please click the link below to join the webinar: https://us02web.zoom,us/j/81396367045 Or One tap mobile: US: +19294362866„81396367045# or+13017158592„81396367045# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 929 436 2866 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 Webinar ID: 813 9636 7045 International numbers available: https://us02web.zoom.us/u/kdTNINRhimi 5 of 75 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular Citv Council Meetines Public in -out is ALLOWED under the heading: • Consent Agenda • Public Hearings • Unfinished Business • New Business Public Input Public Input is NOT ALLOWED under the headinizs: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); v 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 Meetinss 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, providing, 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. Anpealin2 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 Headinz on Agenda The heading on Regular Meeting agendas "Public Mput" 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. 6 of 75 On %X SE13A HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, MARCH 23, 2022 — 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. 2. A moment of silence was held. 3. Council Member Dodd led the Pledge of Allegiance. 4. ROLL CALL Mayor Jinn Hill Vice Mayor Fred Jones Council Member Ed Dodd Council Member Chris Nunn Absent: Council Member Bob McPartlan (excused) Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore Asst. Administrative Services Director Cindy Watson Community Development Director/CRA Manager Lisa Frazier City Engineer/Public Works Director Karen Miller Police Chief Dan Acosta Police Lt. Rob Vafiades AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 22.055 A. Proclamation - Treasure Coast Society Children of the American Revolution for the N.S.C.A.R. National Dav of Service — April 5. 2022 Mayor Hill read and presented the proclamation to Senior State Florida Society of the Children of the American Revolution President Holly Hamilton and Treasure Coast Society Children of the American Revolution President Sydney Riga -ad. President Hamilton presented a F.S.C.A.R.. challenge coin to the City. 7 of 75 Regular City Council Meeting March 23, 2022 Page 2 22,056 B. Proclamation - Florida Gobher Tortoise Dav April 10, 2022 Mayor Hill read the proclamation and invited everyone to attend Earth Day in Riverview Park ion April 23. 22.057 C. Certificate of Anmeciation — Dervl Seemav_ er Sebastian Remesentative to IRC Metrouolitan Planning Organization's Citizens Advisory Committee Mayor Hill read and presented the certificate to Mr. Seemayer. BriefAnnouncements: April 1 — Chamber of Commence Concert in the Park Sebastian River High School Band — S: 30 to 8: 00 pm April 2 - Sebastian River Area Art Club Show — Riverview Park — 10 am to 3 pm April 9 — Craft Club of Sebastian Show -- Riverview Park —10 am to 3 pm 4i1' Year Recipient of "Tree City USA Growth "Award Vice Mayor Jones announced the upcoming events and the receipt of the Tree City USA award. 7. PUBLIC INPUT Gabrielle Ioffredo introduced herself and asked Council to do a better job of protecting her rights under the American with Disabilities Act (ADA) by providing more signs and animal control during the events in Riverview Park. She said recently dogs wearing service animal vests attacked her service dog which shouldn't be the case if they were a true service animal. She distributed a copy of the current ADA Law regarding service animals. (See attached) S. CONSENT AGENDA A. Approval of Minutes -- March 9, 2022 Regular City Council Meeting 22.058 B. Approve Road Closure and the Use of the Community Center for HALO's 51C Event on April 23, 2022 (Transmittal, Application, Receipt, Insurance) 22.059 C. Approve Alcoholic Beverages at the Community Center for the Roth Family Event on June 4, 2022 from 11:00 am to 6:00 pm - DOB Verified (Transmitta. Application, Receipt) MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve consent agenda items A-C passed with a unanimous voice vote. (4-0) 9. COMMITTEE REPORTS & APPOINTMENTS - None 8 of 75 Regular City Council Meeting March 23, 2022 Page 3 10. PUBLIC HEARINGS 22.023 A. Continue Second Readiniz of Ordinance 0-22-03 - Proposed Land Development Code Amendment - Article XXII and Article XVI Amending Sections Relating to Murals and Set the Public Hearing for April 13, 2022 (Transmittal, 0-22-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A DEFINITIONS OF TERMS REGARDING MURALS; AMENDING SECTION 54-3-16.3 PROVIDING FOR EXEMPTIONS PERTAINING TO MURALS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read the title to Ordinance No. 0-22-03. The City Manager said the first reading was on February 17 at which time Council set the public hearing for today but staff didn't meet the advertising deadline. He asked Council to continue the public hearing until April 13, 2022. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to continue the public hearing of Ordinance No. 0-22-03 until April 13, 2022 passed with a unanimous voice vote. (4-0) 22.042 B. Second Readinja and Public Hearinv- of Ordinance No. 0-22-05 --- Amending Code Section 38-2 Forms of Petition, Filinp- Fee, Amending the Oualifv_ inR_ Period (Transmittal, 0-22-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 38 ELECTIONS; PROVIDING SEC. 38-2 FORMS OF PETITION; FILING FEE, AMENDING THE QUALIFYING PERIOD; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-05, The City Manager said this was the second reading of the ordinance to enact the Charter Amendment passed by the electorate last November. MOTION by Vice Mayor Jones and SECOND by Council Member Nunn to approve Ordinance No. 0-22-05. There was no public input. 9 of 75 Regular City Council Meeting March. 23, 2022 Page 4 22.001 Roll call Vice Mayor Jones - aye Council Member Dodd - aye Council Member Nunn - aye Mayor Hill - aye Council Member McPartlan - absent Motion carried. 4-0 11. UNFINISHED BUSINESS A_ Resolution No. R-22-10 At)Droval of the Community Development Block Grant (CDBG) Annual Action Plan for 2020/2021 (Transmittal. R-22-10, Plan, R-19-17, R-20-25, R-20-16. R-21-11) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RESCINDING RESOLUTIONS R-20-16 AND R-21-11 RESPECTIVELY AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2019/2020 AND 2020/2021 ANNUAL ACTION PLANS, RATIFYING R-19-17 AND R-20-25 RESPECTIVELY APPROVING THE 2019/2020 AND 2020/2021 ANNUAL ACTION PLANS, RECOGNIZING THE CITY'S ATTEMPTS TO RECONCILE APPROPRIATIONS OF FUNDS; RECOGNIZING THE CITY' S DECISION TO FORGO ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AUTHORIZED BY THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT (CARES ACT), AND PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-22-10. The City Manager said the City received funds from the CARES Act and followed the guidelines for the sidewalk project but when staff submitted the project to HUD for approval they stated it didn't qualify. This resolution recognizes the City's decision to forego the CARES Act portion of the funding. There was no public input. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve Resolution No. R-22-10. Roll call: Council Member Dodd - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member McPartlan - absent Motion carried. 4-0 12. NEW BUSINESS 10 of 75 Regular City Council Meeting March 23, 2022 Page 5 22.060 A. First Reading Ordinance No. 0-22-02 - Proposed Land Development Code Amendment - Article IX Relating to Concurrencv, and Article XVIII and Article XIX Amending Sections Relating to Recreation and Set the Public Hearing for April 13, 2022 (Transmittal, 0-22-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.4, CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS BY PROVIDING FOR A NEW SECTION RELATING TO SCHOOL CONCURRENCY; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.7, CRITERIA FOR ADOPTED LEVEL OF SERVICE STANDARD (LOS) RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.8, CRITERIA FOR METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY FACILITIES PERTAINING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3- 9.9, CRITERIA FOR DETERMINATION OF AVAILABLE CAPACITY RELATING TO PARKS AND RECREATION FACILITIES; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-18.4, CRITERIA FOR INFORMATION TO BE INCLUDED IN SITE PLAN RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-19.1I, CRITERIA FOR REQUIRED IMPROVEMENTS AND DESIGN CRITERIA RELATING TO RECREATION; PROVIDING FOR SEVERABILTTY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-02. The City Manager said this was necessary to make the City's Land Development Code compliant with open space and school concurrency requirements in the City's 2040 Comprehensive Plan. Council Member Dodd said the City already has a definition of the recreation system with four zones and his preference would be that the money would be used in the zone that the money resides in; and if the City is expanded, it would be used in the new zone. The City Manager said he agreed, and asked if the sentence should read, "The monies and accrued interest from fees paid for any given development shall be used solely for acquisition of parkland or facilities reasonable related to serving said development but the neighborhood park must be within the zone of the development." Council Member Dodd said he didn't mind the wordsmithing as long as they weren't setting up a document that is not consistent with the way they manage their parks and they produce a document that lets people in a new subdivision have an anticipation that their developer has given the City money and it will be spent on them or near them. The City Manager agreed and offered to make annotations to the ordinance for them to review at the second reading. Vice Mayor Jones asked if the subdivisions that don't have enough space for a park, and they purchase property in lieu of, does the City use that property as a park. The Community Development Director replied yes, the money could be used to purchase 11 of 75 Regular City Council Meeting March 23, 2022 Page 6 property or for facility expansion in that area for the neighborhood's benefit. She said she agreed with Council Member Dodd that the wording should be made clear that if the property is a neighborhood park it should be within that development zone. Vice Mayor Jones asked if part of the park has to be in another area, does the property need to be adjacent to the development or can it be located someplace else. The Community Development Director explained typically when new developments come in they realize they have to set aside park land. If they cannot provide the required property they will participate in the park -in -lieu program. MOTION by Council Member Dodd and SECOND by Council Member Nunn to pass Ordinance No. 0-22-02 on first reading as amended. Roll call: Council Member Nunn _ aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - absent Motion carried. 4-0. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Dodd Council Member Dodd asked to address the Code Enforcement Process that is listed under Council Member McPartlan's matters. He said they recently received information on Iiens that arc outstanding and it was a good opportunity to do review on code enforcement regulations. As part of the review, he asked that they might consider a program to offer people a lien reduction if they close out their long standing liens. He also asked Council to consider that reductions be a part of the special magistrate system where there is a legal hearing, evidence is produced and reviewed by the special magistrate who then makes a recommendation to Council. He said there may be several other things they might want to consider as a result of the last lien reduction they recently considered. He asked for the consensus of Council to have the City Attorney bring back information on the process. Mayor Hill and Vice Mayor Jones said they were in favor of the review. 12 of 75 Regular City Council Meeting March 23, 2022 Page 7 Council Member Nunn said in the review he would like to include a situation that if someone owned a property for many years but hasn't lived there for a long time and there are fines against the property, what the new owner can do. Council Member Dodd asked to include if it was worth $68.00 to keep a lien active on a property for 14-15 years; and if the grass cutting should be more per month or have a penalty if the property owner lets the City cut their grass every month or every other month for two years. Mayor Hill said the reason Sebastian is great and amazing because of the rules and laws that they have and he understood their desire to move some of the process along. He said they can't pick and choose what rules they like about a certain community which is his fear if they don't use the special magistrate process to receive legal advice as they make those decisions. The City Attorney offered to come back with information on the special magistrate process to decide reductions and Council for forgiveness. Council Member Dodd said he has had several conversations with the City Attorney regarding some of the things that have been happening at the board and committee meetings over the last couple months and he asked Council's consensus to take the 2015 resolution related to board meeting procedures as well as each board's originating code to make some determination as to the scope of the boards and then do some training. He said for example at some of the boards, under public comment, the board will discuss items and take action without giving proper notification to the public before the meeting takes place, which is outside of the Sunshine Law. Council Member Nunn clarified that they have input so people can bring new items to them but the Planning and Zoning Commission has a job to review what has been presented to them. He asked if the board members should attend ethics training. Mayor Hill said that the City Attorney provides a synopsis to new members but he would not be opposed to having him provide a more in depth training once a year as to their roles and responsibilities. Council Member Dodd suggested the City Attorney and City Clerk may put together a document that they can go over with new board members. The City Attorney said he would help with training and focus on the two boards that hold quasi-judicial proceedings. Council Member Dodd said in regard to the young lady that spoke under public input, he believed there was a statute that stopped officials from questioning whether a service animal is truly a service animal and he asked if there was anything the City could do. 13 of 75 Regular City Council Meeting March 23, 2022 Page 8 B. Mayor Hill Mayor Hill stated the City has a rule in place that prohibits pets during the festivals that needs to be enforced. It was the consensus of Council to keep the rule in place and Mayor Hill asked that the event promoters advertise that pets are not allowed. Council asked that it be advertised on the website and promotional material as well so that people are aware before they arrive at the event. The City Attorney said he would research service animal guidelines and get back to them. C. Vice Mayor Jones Vice Mayor Jones said there were some dogs going after other dogs at the park this weekend. He said they would have some growing pains as they begin to enforce the service animal rule. D. Council Member McPartlan Code Enforcement Process and Enforcement Addressed under Council Member Dodd's matters. ii. Consider Donations to Non -Profit Organizations for Sebastian Residents Council Member McPartlan was absent from the meeting. E. Council Member Nunn - None 17. Being no further business, Mayor Hill adjourned the regular City Council meeting at 6:58 p.m. Approved at the April 13, 2022 Regular City Council Meeting Mayor Jim Hill ATTEST Jeanette Williams, City Clerk 14 of 75 cmL SE�TIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 13, 2022 Agenda Item Title: Resolution R-22-11 Abandonment of Rear Yard Easement Recommendation: Adopt Resolution No. R-22-11 Backaround: The property owner of 287 Caravan Terrace is requesting to abandon five (5) feet of his 20-foot rear easement. The owner is requesting a small abandonment of the rear easement to be able to build a swimming pool and screen enclosure. All applicable utility entities have given their approval for the abandonment, including FP&L, AT&T, Comcast, IRC Utilities and Public Works. The rear yard abuts a city -owned drainage waterway. If Agenda Item Reauires Exuenditure of Funds: Budgeted Amount: N1A Total Cost: N1A Funds to Be Utilized for Appropriation: N1A Attachments: 1. R-22-11 2. Site Map 3. Staff Report 4. Utility Approvals 5. Application Administrative Services Department Review:' • j City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: 15 of 75 RESOLUTION NO. R-22-11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 45, BLOCK 299, SEBASTIAN HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Melissa Solomon, owner of the land at 287 Caravan Terrace, Sebastian, Florida, has filed a request for a partial abandonment of the public utility and drainage easement along the northwestern lot line of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The southeastern most five (5) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 45, Block 299, Sebastian Highlands Unit 11, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. RECORDING. This resolution shall be recorded in the public records of Indian River County, Florida. 16 of 75 Section 4. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. Section 5. EFFECTIVE DATE. upon its adoption. This resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Fred Jones Councilmember Ed Dodd Councilmember Christopher Nunn Councilmember Bob McPartlan The Mayor thereupon declared this Resolution duly passed and adopted this 13"' day of April, 2022. CITY OF SEBASTIAN, FLORIDA M ATTEST: Jeanette Williams, MMC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Manny Anon, City Attorney Jim Hill, Mayor 17 of 75 SEWNSTL_" HOME OF PELICAN ISLAND ABANDONMENT OF EASEMENT Staff Report 1. Project Name: Swimming Pool/Screen Enclosure for Soloman Residential Property 2. Requested Action: Abandonment of the southeastern most five (5) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 45, Block 299, Sebastian Highlands Unit 11, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. 3. Project Location: a, Address: 287 Caravan Terrace b. Legal: Lot 45, Block 299, Sebastian Higllands Unit 1 4. Property Owner: a. Name: Melissa Soloman 1). Address: 287 Caravan Terrace Sebastian, Florida 32958 (772) 589-1299 S. Project Agent: a. Name: Melissa Soloman b. Address: same as above 6. Project Description: a. Narrative of proposed action. Application has been made for abandonment of the southeastern most five (5) feet of the rear public utility and drainage easement. The homeowner would like to build a swimming pool and screen enclosure that would encroach into the easement. 19 of 75 b. Zoning: RS-10 C. Future Land Use: LDR d. Existing Land Use: Single-family residence 7. Utilities Comments: a. Florida Power & Light: Approved b. BellSouth/AT&T: Approved C. Comcast Cable: Approved d. Indian River County Utilities: Approved e. City Engineering (drainage): Approved f. Public Works Approved 8. Planning and Zoning Division Comments: A partial abandonment of the rear easement for five feet Nvas previously granted for the adjacent property located at 289 Caravan Terrace. 9. Staff Recommendation: Approve Resolution R-22-1 1 414 A d by Date Michelle Faulkner, Planner 20 of 75 ilil Y SE T HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cityofsebastian.org Accessory Structure Reviewed by P1Z Administrative Variance i I-ence or Septic Systcn,) x Easement (ANOW01 me1lt) Special Use Permit\Special Exception Protect Name: 'I'olat Site Area: Conditional Use Permil Wommerc.ial) Conditiona[ Use Permit (Model IIonics) Board ol' Aciiustntent (appeal) Board of Adjustment (Variance) Parcel lD:31382500001299000045.0 Address of'Site:287 CARAVAN TERRACE, SEBASTIAN. FL 32958 Proposed Use: Land I Ise: Zoning: Acres\SF .23 ACRES Applicant Nftme: MELISSA SOLOMON Address:287 CARAVAN TERRACE, SEBASTIAN, FL 32958 Telephone: Email: Applicant (II' not owner, written authorization (notarized) from owner is required) F)" 1e" SAM E AS ABOVE [Address: I'elephmw: Date Received: u. I a I Email: maiil: l ee Paid: Received by: FORM D 21 of 75 Surveyor_ KNOW IF NOW SURVEYORS Address; PO BOX 691152, VERO BEACH, FL 32969 Telephone: 888-396-7770 1:1»1+i1: MATT@KINSURVEYORS.COM Engineer: Address: Telephone: 1 :nra i L l're — Application Meeting Date: DESCRI P fION OF PIZOPOSCD 111Z(d1 (' 1 ABANDONMENT OF EASEMENT FOR FUTURE POOL AND ENCLOSURE SIGNA'I'UR 017 APPLICANT I hereby cenilV that I have read and cminrined this application and know the same to be tnie and correct. All provisions of laws and ordinances governing this type oftvnrk tti'ill b "oniplied with. whether specified herein or not. The ,ranting of approval does not rres+rme to give authority to vi I to r cancel the provisions of any otherstale or local law rei7ulatin�, construction ar the per•fornra fconstructi �-(P �r 5 Sa �a , ► Yt� r`1 ice^ Z •-•—� /, 3d/2L)2 � Print name S �natur•e Date Noiary STATE OF. o + COUNTY.Yl I hereby certify that on i�i t � � ) �' Z[J�_ }personally appeared Wi b S b . Im �t,kyho is - -- personally known to me or has -�-Proclucecl ideiitiiictition. "Type of iclelitilication l)rocluce(i: [SEAL] fiotaryy 'ulalic My Couiniission Expires: _ RIME] ale a! FkxtdanxwmeigHH 058725S IIJ 16"b) on, Liu 5EBAS_T__" HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org REOUEST FOR A13ANDONMENT OF EASEMENT January 6. 2022 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your comments. Description of Easement to be abandoned: Abandonment of the southeastern most 5 (five) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 45. Block 299. Sebastian Highlands Unit 11, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. Location of Easement: 287 Caravan Terrace, Sebastian, FL. 32958 UTILITY: Karen Miller, Public Works DireclorlCity Engineer via Email: liiniller(ir)ciii,ofseb.istian.orl; APPROVED: X APPROVED/DENIED BY COMMENTS: DENIED: q0n"_q/kkL - (SiYUnalurc) DATE: 1 /6/2022 Return tu: Michelle Faulkner, Planner, Community Development Dept, mlitulknerr�cityolsebastiai3.ore or Fax (772) 388-8248 27 of 75 CRY QF SEqAST 71 HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAM STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 m FAX (772) 388-8248 www.cityofsebastian.org REQUEST FOR ABANDONMENT OF EASEMENT January 6, 2022 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your comments. Description of Easement to be abandoned: Abandonment of the southeastern most 5 (five) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 45, Block 299, Sebastian Highlands Unit 11, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. Location of Easement: 287 Caravan Terrace, Sebastian, FL. 32958 UTILITY: Kevin N. Osthus, I.R.C. Utilities Via email: kosthus 26rcgov.com APPROVED: DENIED: DATE: I / 1 -1622 _ APPROVED/DENIED BY:p/ {Stgnature) COMMENTS: Return to: Michelle Faulkner, Planner, Community Development Dept. ���%,,,11�nPr�lr;tiinfcr �,aetian nro nr Fax (777) IRR_04R 28 of 75 LM OF SE13AST V aim,= HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET r SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org REQUEST FOR ABANDONMENT OF EASEMENT January 6. 2022 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your comments. Description of Easement to be abandoned: Abandonment of the southeastern most 5 (Five) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 45. Block 299. Sebastian Highlands Unit 11. less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. Location of Easement: 287 Caravan Teri -ace, Sebastian, FL. 32958 UTILITY: Herbert Flowers, FPL Via email: Herbert. Flowers(d?fpl.com APPROVED; !� DENIED: DATE: APPROVED/DENIED BY: ' � �gnature) ( COMMENTS: I APPROVE FOR THE RELEASE OF 5FT OF THE CURRENT EASMENT IN THE R 0 THIS PROPERTY Return to: Michelle Faulkner, Planner, Community Development Dept. ml'aulknerr+cit,,ofsebastian.ora or Fax (772) 388-8248 29 of 75 MOF ,AO HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www. c Ityotsebastlon .org REOUEST FOR ABANDONMENT OF EASEMENT January 6, 2022 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your comments. DeserhMon of Easement to be abandoned: Abandonment of the southeastern most 5 (five) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 45, Block 299, Sebastian Highlands Unit 11, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. Location of Easement: 287 Caravan Terrace, Sebastian, FL. 3295E A4�� UTILITY: Via email: bw4222@att.com APPROVED:-K- EN APPROVED/DENIED BY: fr (Signature),, COMMENTS: 1U0 DATE. 3;b�T )z -a— Return to: Michelle Faulkner, Planner, Community Development Dept. mfaulkner0..citvofsebastian,ore or Fax (772) 388-8248 J �L 30 of 75 LITY CY SE13AST" Jill HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 a FAX (772) 388-8248 www.cityotsebastion.org REOUEST FOR ABANDONMENT OF EASEMENT January 6, 2022 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your comments. Description of Easement to be abandoned: Abandonment of the southeastern most 5 (five) feet of the rear public utility and drainage easement located on the northwestern most twenty (20) feet of Lot 45, Block 299, Sebastian Highlands Unit 11, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. Location of Easement: 287 Caravan Terrace, Sebastian, FL. 32958 UTILITY: Sandra Sloekner, Comcast Via Email: Sandra_Stocicnera cable.comeasl.com APPROVED: Approved DENIED: DATE: 03/29/2022 APPROVED/DENIED BY: (Signature) COMMENTS: Comcast lines are above ground. Approved to Abandon Easement �(APPROVED�i Return to: Michelle Faulkner, Planner, Community Development Dept. mfaulknerrcrcit�olsebastian.orb_==_ or Fax (772) 388-8248 31 of 75 0h 0 SEBAST" HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET r SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastion.org RI:OLIEST FUR ABANDONMENT OF EASEMENT January 6, 2022 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your comments. Descril)tion of Easement to he abandoned: Abandonment of the southeastern most 5 (five) feet of the rear public utility and: drainage easement located on the northwestern most twenty (20) feet of Lot 45, Block 299, Sebastian Highlands Unit 11, less the northeastern most six (6) feet and the southwestern most six (6) feet thereof. Location of F.asenient: 287 Caravan Terrace, Sebastian, FL. 32958 UTILITY: Sandra Stockner, Comcast Via Email:Sandra_Stockner@cahle.eomeast.com APPROVED: K DENIED: DATE: APPROVEDIDFNIED BY: ---� (SiL iature) COMMENTS: Return to: Michelle Faulkner, Planner, Community Development Dcpt. nil"uilknerrcbc:ltvolsebcrst-i:in.ctror Fax (772) 388-8248 32 of 75 k"Cf SEA_ HOME ©F PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: April 13, 2022 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Montes Family Baby Shower at the Community Center. Backqround: Karen Montes is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, May 14th, 2022 from 1:00pm to 8:00pm. Staff has verified applicant's date of birth. They are expecting less than 50 people. If Aqenda Item Reouires Expenditure of Funds: NIA Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, if applicable: NIA City Managed Authorization Date: 33 of 75 Ono A HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 rAX-, (772) 388-8249 For einergency.purposes.ONLY, please dial 771473.04544, Date:, Community Center Cl Yacht Club kum mor Name of Permiftee (permits may only be issued to an adult) Name of Organization (if applicable) Physical Address Mailing Address (if different) ftAc n v-_ Krmo-VN)6�4 City State Zip Phone E-Mail Reason for Rental —Type of Function Anticipate rNu(mber of Attendees (if more than 75 attendees, police services are required by R-10-15) MON P rn Requested Date Time, From To 2 OZ Zj �,j Please answbr t e following yes or no-. 1 ) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age Date of Birth Verified by I, Cw - % I the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions fn respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. U V—alvVyt qvil Signature of Applicant Rwised 1/2021 34 of 75 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT Name ' lam' 1 yviomfes Date 313 d-.7j,0 C?40rn m On l 1 n bu- 001001 2 8001 Sales Tax 001001 220000 Security Deposit % Cash Ll Check # ❑ Credit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Fick vP kely s/i3 In7c7�vvn key 6y s��7 2406 Amount Paid z A24r o.o0 AfXD ' 00 LP Re Total Paid 7Z-4 Initials White - Dept. of Origin • Yellow - Admin. Svcs. - Pink - Applicant 35 of 75 Lift Cf HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: April 13, 2022 Aqenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the loffredo Party at the Community Center. Backqround: Tina Marie loffredo is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, June 25th, 2022 from 6:00pm to 10:00pm. Staff has verified applicant's date of birth. She is expecting 50 people. If Aqenda Item Requires Expenditure of Funds: NIA Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, if applicable: NIA City Manager Authorization: Date: V/</1 )_ 36 of 75 01) LA BSTIAN ;�t� HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 " For emergency purposes ONLY please dial 772.473.0454 Date: Z Community Center Name of Pe mittee (pe its may only be issued to a dult) P ysical Address City S to � r Reason f R t k—Tft= t' El Yacht Club Name of Organization (if applicable) Mailing dress (if different) I - Y Zip Phone E-Mail or en ype o unc ton Anticipa d Nu�,ber of Attendees (if more than 75 attendees, police rvices are require y R-1f1-15) Re o' ested Datf� Time: From To Please answer the following yes or no:� 1) Are you a resident of Sebastian? 2} Will there be an admission charge or door charge? 3} Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age Cate of Birth Verified by undersigned, acknowledge that I am the applicant or authorized agent of the above referenced org�n, kallaware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities, I understand that the $250.00 security deposit will be refun if the building is left clean and unda aged, however, failure to clean the facilities immediately after the use, or causing a amage to the facility will resul i re, in part or full, of the security deposit. Signature of Applicant Revised 112021 37 of 75 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2373 Name!O"7,00 Date �d►�'inLC�►'f� �'� � r dit Amount Paid 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent O C) • 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services K114 Total Paid LO Goa Initials White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 38 of 75 TfY � HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: April 13, 2022 Aaenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Yanez Family Event at the Community Center. Backqround: Caroline Yanez is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, October 15th, 2022 from 4:00pm to 10:00pm. Staff has verified applicant's date of birth. They are expecting 120 people. If Aaenda Item Reauires Exnenditure of Funds: NIA Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization Date: � kl)l -- NIA NIA NIA 39 of 75 Q[YOF QAST HOME OF PELICAN ISLAND A CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION r, 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 388-8249 • For emergency purposes QNLY, please d1a1772.473.0454- U 1)ate: J j Community Center ❑ Yacht Club nm ine, _2— Name of Permittse (permits ma only be issued to an adult) Name of Organization (if applicable) Ph sica Address Mailing Address I(if different) [ ^ Ci State Zip Phone Pho orn E-Mail Reason for Rental -- Type of FtItion amm 110 Antictpa ed lumber of Attendees (if more than 75 attendees, police services are required by R-10-15) tiI C; �a� 4 Requested Date Time; rom To Please answer the following yes or no: i ) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age V S FL DL Date of Birth Verified by I, Col�'\,i&a. a undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, hat I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, ir, part or full, of the security deposit. Signature of A cant Revised 112021 V 40 of 75 Ury of Sebastian Nome a Pwicarn Island City of Sebastian Municipal Police Department Thisn is 11caCi�>r hir P9. c_e_ 5 t a-1 S2cfa, �rvi��s etfareSeirviccs titate�rered to iu addiiionstn thane urov dedty serviCes o the requested number of Officers for public safety, health and agreemedt +� s thatum of fire p generally to the public It fs understood that this is a non -binding; Cancellntio (5) days advance notice is requested prior to the service date and advanced payment is required. r"W 4 of the detail, with less than 24 hours notice prior to c. mencement of the detail, will result in three (3) hours 32958 um billing per Officer. Payment should be made payable to the City of Sebastian, 3225 Main Street, Sebastian, Florida (3) dour Minimum Per Each.Ofticer Required", Bate Per Hour For .Each Officer .............. 40.0t) Rate Per flour For Each Stipervisor........... $45.00 Rate Per Hour For Each Vehicic .............$3.00 Applicant:(Applies to ou-site utilization of vehicle) Mailing Address: City: Q, V t State: �„ 7,=,t► Code - Requested By; Wte epboue Numbers k1 Uffacer is required for attendance of 75 to 150 Number of Officers required: Z - Officers are required for attendance of 151 WOO) 3n Uniform: .Plain cloth s Starting Dater Ending Dater ,Starting Time: Ending Time: Services Requested: - Service F,pCfltiDtt. Estimated Attendance: Alcoholic Beverages Served; yes X No Other Comments or Duties: Date Received Type p�iican's Signature pea apply online once you 'have been approved:%/reelliesgteilkoriimawer,.li�� Reviewed By Command Staff Officer's Signature Date Worked Time Worked Officer's Comments 41 of 75 CITY OF SEBASTIAN LEISURE ERVIC RECEIPT 2405 c z► Name 1� ❑Cash Date 3 alort? 1 .P� o — ❑ Gheck # prhrY) Un/ e!7 6e—p— =redit to// Zz. 001001 208901 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Al hr r e,-y4, j s o o. a o Amount Paid /4. ?o ,moo , oa 24e4.eb k ICY -�o GMwt Qr1h.'' 14�iayz- �e-tvVn 1dat b 1� Total Paid %� Initlals �7 White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 42 of 75 LMOF SEIRASTKN HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: April 13, 2022 Title & Recommendation: Formal Appointment of Mr. Paul Reeves as the Fifth Member to the Police Pension Board of Trustees Backaround: The Police Pension Board of Trustees consists of five members. Two must be legal residents of the City that have been independently selected and appointed by the City Council and two are police officers elected by a majority of active police officers. The City Council as a ministerial duty approves the selection of the fifth member that is selected by the Police Pension Board of Trustees. With the departure of the previously appointed fifth member, a vacancy occurred. At the Police Pension Board of Trustees special meeting on March 24, 2022, the Board of Trustees interviewed the applicants and voted to select Mr. Paul Reeves as the fifth member. As a ministerial duty in accordance with the City of Sebastian City Code Section 58-48(a), the City Council formally appoints the fifth member the Police Pension Board of Trustees. If Agenda Item Requires Expenditure of Funds: Total Cost: NIA Attachments: Application of Paul Reeves to Serve on Police Pension Board Administrative Services Depar.Vneie City Attorney Review: / AI Procurement Division Review, if'. plicable: /6� f _ City Manager Authorization: Date: 43 of 75 C3TY of HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Paul Reeves Address: �3901 May Ln City: _Grant-Valkaria Zip: _32950 Telephone: (_772_) _584_- _6321 E-Mail Address: _paul.reeves@edwardjones.com Employer: Edward Jones City: _Sebastian State: _FL Zip Business Telephone: (_772_) _388= 1888_ I am interested in serving on the following boards)/committee(s): 15L Choice: POLICE RETIREMENT BOARD OF TRUSTEES 2nd Choice: State: _FL__ 32958 CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* 1 ' :' s ►1�:1. WAN 1rfl►IF-AMINFOG1NZi76Plr'II11:11: VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 44 of 75 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) _Bachelor's degree in Political Science from Texas Wesleyan, Law Degree from Baylor Law School _Attorney (Texas and Arkansas, State and Federal courts) general family practice for 8 years in Texarkana TX _Financial Advisor with Edward Jones 2005 to present, Series 66, Series 63 and Series 7. SIE passed in 2018 Why do you want to serve on this board? _1 believe in community service. I have been a member of the Exchange Club in Sebastian for 15 years. I have been _in the Rotary Club and Kiwanis Club in the past as well. I was a member of the Indian River County Children's _Advisory Counsel for over 5 years. I also believe my combination of skills and work experience would be of benefit to the Board Do you presently serve on another City Board or Committee? _No If yes, please list: Have you previously served on any other City Board or Committee? _No If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htti)://www.ethics.state.fl.us/ethics/forms.htmi If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 81) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fIsenate.eov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: 31712dG,,2? Date Received by City Clerk's Office J I -7I ZbZ-z by: (,( �•tQ,}7�fL` 45 of 75 it Paul Reeves Financial Advisor 13600 US Highway 1, Ste 6 Roseland Plaza Sebastian, FL 32958 Bus. 772-388-1888 Fax 888-788-0445 7F. 800-416-2923 www.edwardjones.com Edwardjones MAKING SENSE OF INVESTING 46 of 75 L-In cl SET" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 13, 2022 Agenda Item Title: Ordinance No. 0-22-02 - Proposed Land Development Code Amendment - Article IX relating to concurrency, and Article XVIII and Article XIX amending sections relating to recreation Recommendation: Second reading and adoption for Ordinance 0-22-02. Background: In accordance with Florida Statutes 163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan. Staff has summarized, reviewed and confirmed necessary modification or additions within the Land Development Code (LDC) required to bring the LDC into compliance with the Comprehensive Plan 2040. The following provides the Policy statement that corresponds to the proposed amendments. Parks. Recreation. and Onen Space Element Policv 6-1.1.8: Land Dedication Enhancement. The City shall update and maintain the Land Development Code (LDC) to match the LOS standards, enhance the applicability of the dedication or fee in lieu provisions, add objective criteria for determining private recreation credits, and eliminate the ability for private recreation credits to satisfy all public recreation land dedication requirements. Public Schools Element Policv 8-1.3.2. School Concurrence Review Process. The City in coordination with the school district shall establish a school concurrency review process for all non-exempt residential projects through its land development code (LDC). Policv 8-1.3.3: Adoption of School Concurrencv Regulations. Consistent with Policy 8-1.3.2, the City of Sebastian shall adopt school concurrency and proportionate fair share provisions into its LDC or utilize Indian River County's LDC consistent with the requirements of the Interlocal Agreement. Policv 8-1.5.4: Coordination to ensure necessary off -site improvements. New developments adjacent to existing or planned public schools shall be required where feasible to provide right-of-way for pedestrian connections to the schools from the neighborhood's sidewalk network. The Planning and Zoning Commission reviewed Ordinance 0-22-02 on February 17, 2022 and unanimously approved the draft ordinance. Subsequently, staff has further refined the ordinance with suggested language per further consideration by City Council on March 23, 2022, If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: NIA Total Cost: No cost for this agenda item is anticipated. Funds to Be Utilized for Appropriation: NIA 47 of 75 Attachments: 1. Ordinance 0-22-02 Final Clean Copy 2. Ordinance 0-22-02 Legislative Markup Copy Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: q 48 of 75 ORDINANCE NO. 0-22-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.4, CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS BY PROVIDING FOR A NEW SECTION RELATING TO SCHOOL CONCURRENCY; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.7, CRITERIA FOR ADOPTED LEVEL OF SERVICE STANDARD (LOS) RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3- 9.5, CRITERIA FOR METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY FACILITIES PERTAINING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.9, CRITERIA FOR DETERMINATION OF AVAILABLE CAPACITY RELATING TO PARKS AND RECREATION FACILITIES; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-15.4, CRITERIA FOR INFORMATION TO BE INCLUDED IN SITE PLAN RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-19.11, CRITERIA FOR REQUIRED IMPROVEMENTS AND DESIGN CRITERIA RELATING TO RECREATION; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved updates to the Comprehensive Plan 2040 in 2021; and WHEREAS, in accordance with Florida Statutes 163.3202(l), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan within one year of adoption; and WHEREAS, the City Council finds it is in the public interest to modify and update certain provisions of the code relating to concurrency and plan review processes; and WHEREAS, the Local Planning Agency held a public hearing on February 17, 2022, and made a recommendation to City Council to approve Ordinance 0-22-02. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: 1 49 of 75 Amendment 1: ARTICLE IX CONCURRENCY MANAGEMENT Section 54-3-9.4. Criteria for concurrency and final development orders. (d) School Concurrency. For all school concurrency, the city incorporates by reference the Indian River County Inter -local Agreement for Coordinated Planning and School Concurrency, March 1, 2008. The city is bound by the relevant provision of the School Concurrency Ordinance adopted by the County and any cooperative agreement it may enter hereto forth, and shall find that the proposed development is in compliance with concurrency management requirements at the time the final development order is issued. Section 54-3-9.7 Adopted Level of Service Standards (LOS). Level of service standards for those public facilities for which concurrency is required are set forth below: Recreation: Park Classification Neighborhood Park Community Park Acreage of Recreation Areas/Population 2.0 per 1,000 2.0 per 1,000 Section 54-3-9.8 Methodology for Determining Demands on Concurrency Facilities. (b) Other facilities. The level of service standards for all concurrency facilities are listed in section 54-3- 9.7. The applicant shall provide the planning and growth management director with the information required to apply the adopted level of service standard as cited below. The demand on concurrency facilities generated by the applicant's development shall be determined as cited below. (1) Solid waste. The demand for solid waste collection and disposal capacity shall be determined by multiplying the total number of persons served times 7.52 pounds. (2) Potable water. The demand for potable water capacity shall be determined by multiplying the total number of equivalent residential units served times 250 gallons. (3) Sanitary sewer. The demand for sanitary sewer capacity shall be determined by multiplying the total number of equivalent residential units served times 250 gallons. (4) Drainage. The applicant shall provide evidence demonstrating that the proposed project shall meet the LOS established in section. 54-3-9.7 for drainage facilities. (5) Recreation area. The demand for recreation area shall be determined by multiplying the c;ity's recreation area level of service standard (4.0 acres per 1,000 population or.0040 acre multiplied by 2 50 of 75 each person served by the development). Section 54-3-9.9 Determination of Available Capacity. (a) Step 1: Add the indicators of available facility capacity: (1) Capacity of existing facility. The total capacity of existing facilities operating at the required level of service; and (2) Capacity of committed potable water, sewer, solid waste and drainage. The total capacity of committed new facilities, if any, that will become available on or before the date a certificate of occupancy is issued for the development. The capacity of concurrency facilities may be counted and deemed concurrent only if the following standards are met: a. For potable water, sewer, solid waste and drainage: The standards identified in article XII shall be met. b. For parks and recreation facilities: In order to ensure adequate geographic distribution of parks and provision of amenities and facilities in existing and planned city parks and prevent degradation in the LOS, the land dedication requirements of section 54-4-19.11 shall be adhered to and a dedication or fee -in -lieu contributions made by all new residential development without regard to existing or committed capacity. c. For roads: The standards identified in section 54-3-9.7 shall be met. (b) Step 2: Subtract the committed capacity: (1) Existing demand based on existing development. The demand for services or facilities created by existing development as provided by the city. (2) Demand to be generated by vested development, valid capacity reservation certificates, and valid certificates of concurrency. The detnand for the service or facility created by the anticipated completion of other vested and/or approved developments. Amendment 2: ARTICLE XVIII SITE PLAN REVIEW PROCEDURES Section 54-4-18.4 Information to be Included in Site Plan. (C) Concurrency facilities and other utilities or services. Site plans shall satisfy concurrency management regulations cited in article IX. This component of the plan shall identify demands on concurrency facilities generated by the proposed development and identify how the demands shall be accommodated through improvements. The site plan shall also list the utility providers currently serving the site together with a description of the existing infrastructure serving the site. Include the location, design and character of all concurrency facilities and other utilities, such as underground or overhead electric lines, gas transmission lines, or other similar facilities or services, on the site plan. Concurrency facilities shall include the following: (7) Recreation. Identify projected demand generated by the development and cite land and facility improvements provided to ensure the city's level of service is not adversely impacted. The requirements of section 54-4-19.11(h) shall be adhered to for all projects which include new 3 51 of 75 residential dwelling units regardless of whether a subdivision plat is to be recorded. Amendment 3: ARTICLE XIX SUBDIVISION Section 54-4-19.11 Required Improvements and Design Criteria. 0) Dedication of lands for parks and recreation. All residential development shall provide an equitable dedication of land for public park purposes and/or fees in lieu thereof pursuant to the standards stated below and shall comply with concurrency management provisions of chapter III, article IX, Concurrency Management. The standards provided herein are stipulated to implement policies within the parks and recreation element. The standards shall apply to all residential applications for subdivision approval. No property shall be assessed twice for respective subdivision plat applications unless a rezoning subsequently increases the density permitted on a parcel(s) of land. (1) Requirements. As a condition of development, the applicant shall dedicate land to the City of Sebastian, pay a fee in lieu thereof, or a combination thereof, at the option of the city for park and recreational purposes at the time and according to the standards and formula described in this section. (2) General standard. Four acres of property for each 1,000 persons residing in the city [shall] be devoted for park and recreational purposes. To determine park and recreational land to be dedicated within the service area of proposed developments, analysis shall consider available facilities inventoried in the Parks, Recreation and Open Space element of the City of Sebastian Comprehensive Plan. Prior to dedicating such land, the applicant shall provide the city with an environmental audit performed by a registered engineer evidencing that the property does not contain any contaminated or hazardous materials defined by law. (3) Fees in lieu of land dedication. If it is demonstrated by the applicant to the satisfaction of the city council in their sole discretion that no park or recreation facility can be located in whole or part within the proposed development to serve the immediate and future needs of the residents of the development, or if the proposed development shall consist of 100 dwelling units or less, the applicant may, in lieu of dedicating land, pay a fee equal to the fair market value of the land which would have been required to be dedicated. (4) Appropriate size for parks and recreational use. The size of parcel to be donated shall be at least one (1) acre. The city shall not consider fee -in -lieu for parcels less than one (1) acre in size. (5) Use of money. The money collected shall be paid to the City of Sebastian and placed in a reserve account within a special fund. The monies and accrued interest from fees paid for any given development shall be used solely for acquisition of parkland within the same designated recreation zone or to enhance facilities in a neighborhood park that is within the same designated recreation zone. (6) Determination of fair market value. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based on the appraised value or the purchase price, whichever is greater, including a 15% surcharge to cover acquisition costs. The appraised value of the land shall be determined by an appraisal by a qualified, independent real estate appraiser, to be secured by the developer. At the option of the city, the city may also secure an appraisal by a qualified independent real estate appraiser, the results of which shall be used to determine the value of the land in conjunction with the developer's appraisal. (7) Technical standards for determining dedication requirement. a. Dedication formula. The following formula shall be used: Average Number of Persons per Dwelling Unit x 4 Acres per 1,000 Persons 4 52 of 75 = Acreage Requirement per Dwelling Unit. The average household size is 2.24 people per dwelling unit according to the University of Florida Bureau of Economic and Business Research (BEBR), December 2020 in City of Sebastian: 2.24 Persons/Unit x 4 Acres Per 1,000 Persons = 0.01 Acres/Unit. b. Credit for private recreational space. Upon recommendation from the community development department, the City Council may grant up to 50 percent (50%) partial credit for private recreational space within the development pursuant to the standards established herein. Such credit shall be applied against the total dedication or fee -in -lieu requirements for parks and recreation pursuant to this code. These guidelines and standards are established in order to ensure that private recreational spaces provide an appropriate range of recreational opportunities for residents of proposed developments. c. Requirements for private recreation space. 1. The yards, setbacks, and other open areas required by the land development code and building codes shall not be included in the computation of private recreational space. 2. The private ownership and maintenance is adequately provided in perpetuity by recorded written agreement, conveyance, or restrictions. 3. The use of the private recreational space is restricted for park and recreational purposes by recorded covenant which runs with the land in favor of the future owner's property and which cannot be defeated or eliminated without the consent of the city council. 4. The proposed private recreational space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, vegetation, hydrology, access and location. 5. Environmental preserves which have boardwalks, nature trails, water access, or other usable, passive recreational features, shall count for up to 100 percent of the required dedication. d. Procedure for dedication of land or payment of fees in lieu 1. As a condition of site and development plan approval, the developer shall agree in writing to dedicate land, pay a fee in lieu thereof, or a mixture of both, for parks and recreation as determined by the City Council in accordance with this article. 2. At the time of filing of the final plat, or prior to the issuance of a building permit for those developments that do not require a plat, the developer shall dedicate the land free and clear of all encumbrances or pay fees as previously determined by the City Council. The fee -in - lieu of dedication shall be calculated per Section 54-4-19.11(h) (5) above. Section 2. Severability. fn the event a court of competent jurisdiction shall determine that any part.of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section I Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. 53 of 75 Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2022. CITY OF SEBASTIAN, FLORIDA By: ATTEST: JEANETTE WILLIAMS, MMC JIM HILL, MAYOR CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: MANNY ANON, JR., ESQ. CITY ATTORNEY 0 54 of 75 ORDINANCE NO. 0-22-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.4, CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS BY PROVIDING FOR A NEW SECTION RELATING TO SCHOOL CONCURRENCY; AMENDING LAND DEVELOPMENT CODE SECTION-54-3-9.7, CRITERIA FOR ADOPTED LEVEL OF SERVICE STANDARD (LOS) RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3- 9.8, CRITERIA FOR METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY FACILITIES PERTAINING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.9, CRITERIA FOR DETERMINATION OF AVAILABLE CAPACITY RELATING TO PARKS AND RECREATION FACILITIES; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-18.4, CRITERIA FOR INFORMATION TO BE INCLUDED IN SITE PLAN RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-19.11, CRITERIA FOR REQUIRED IMPROVEMENTS AND DESIGN CRITERIA RELATING TO RECREATION; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved updates to the Comprehensive Plan 2040 in 2021; and WHEREAS, in accordance with Florida Statutes 163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan within one year of adoption; and WHEREAS, the City Council finds it is in the public interest to modify and update certain provisions of the code relating to concurrency and plan review processes; and WHEREAS, the Local Planning Agency held a public hearing on February 17, 2022, and made a recommendation to City Council to approve Ordinance 0-22-02. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: 1 55 of 75 Amendment 1: ARTICLE IX CONCURRENCY MANAGEMENT Section 54-3-9.4. Criteria for concurrency and final development orders. (d) School Concurrency. For all school concurrency, the city incomorates by reference the Indian River County Inter -local Agreement for Coordinated Plannin2 and School Concurrency, March 1, 2008. The ci is bound by the relevant provision of the School Concurrencv Ordinance adopted by the County_ and any cooperative acreement it may enter hereto forth, and shall find that the proposed development is in compliance with concurrency management requirements at the time the final development order is issued. ****** Section 54-3-9.7 Adopted Level of Service Standards (LOS). Level of service standards for those public facilities for which concurrency is required are set forth below: Recreation: Park Classification Neighborhood Park Community Park Acreage of Recreation Areas/Population z 51-2.0 per 1,000 2-.&-2_0 per 1,000 Section 54-3-9.8 Methodology for Determining Demands on Concurrency Facilities. (b) Otherfacilities. The level of service standards for all concurrency facilities are listed in section 54-3- 9.7. The applicant shall provide the planning and growth management director with the information required to apply the adopted level of service standard as cited below. The demand on concurrency facilities generated by the applicant's development shall be determined as cited below. (1) Solid waste. The demand for solid waste collection and disposal capacity shall be determined by multiplying the total number of persons served times 7.52 pounds. (2) Potable water. The demand for potable water capacity shall be determined by multiplying the total number of equivalent residential units served times 250 gallons. (3) Sanitary sewer. The demand for sanitary sewer capacity shall be determined by multiplying the total number of equivalent residential units served times 250 gallons. (4) Drainage. The applicant shall provide evidence demonstrating that the proposed project shall meet the LOS established in section 54-3-9.7 for drainage facilities. (5) Recreation area. The demand for recreation area shall be determined by multiplying the city's recreation area level of service standard (2-5 4.0 acres per 1,000 population or .n� .0040 acre multiplied by each person served by the development). 2 56 of 75 Section 54-3-9.9 Determination of Available Capacity. (a) Step]: Add the indicators of available facility capacity: (1) Capacity of existing facility. The total capacity of existing facilities operating at the required level of service; and (2) Capacity of committed potable water, sewer, solid waste and drainage. The total capacity of committed new facilities, if any, that will become available on or before the date a certificate of occupancy is issued for the development. The capacity of concurrency facilities may be counted and deemed concurrent only if the following standards are met: a. For potable water, sewer, solid waste and drainage: The standards identified in article XII shall be met. b. For parks and recreation facilities: The standards identified 511 3 9.7 hall be met —In order to ensure adequateeeogranhic distribution of parks and provision of amenities and facilities in existinw and planned city parks and prevent degradation in the LOS. the land dedication requirements of section 54-4-19.11 shall be adhered to and a dedication or fee -in -lieu contributions_ made by all new residential development without regard to existing or committed capacity. c. For roads: The standards identified in section 54-3-9.7 shall be met. (b) Step 2: Subtract the committed capacity: (1) Existing demand based on existing development. The demand for services or facilities created by existing development as provided by the city. (2) Demand to be generated by vested development, valid capacity reservation certificates, and valid certificates of concurrency. The demand for the service or facility created by the anticipated completion of other vested and/or approved developments. Amendment 2: ARTICLE XVIII SITE PLAN REVIEW PROCEDURES Section 54-4-18.4 Information to be Included in Site Plan. (C) Concurrency facilities and other utilities or services. Site plans shall satisfy concurrency management regulations cited in article IX. This component of the plan shall identify demands on concurrency facilities generated by the proposed development and identify how the demands shall be accommodated through improvements. The site plan shall also list the utility providers currently serving the site together with a description of the existing infrastructure serving the site. Include the location, design and character of all concurrency facilities and other utilities, such as underground or overhead electric lines, gas transmission lines, or other similar facilities or services, on the site plan. Concurrency facilities shall include the following: (7) Recreation. Identify projected demand generated by the development and cite land and facility improvements provided to ensure the city's level of service is not adversely impacted. The requirements of section 54-4-19.1 IN shall be adhered to for all projects which include new residential dwelling units reeardless of whether a subdivision plat is to be recorded. 57 of 75 Amendment 3: ARTICLE XIX SUBDIVISION Section 54-4-19.11 Required Improvements and Design Criteria. (b) Dedication of lands for parks and recreation. All residential development shall provide an equitable dedication of land for public park purposes and/or fees in lieu thereof pursuant to the standards stated below and shall comply with concurrency management provisions of chapter 111, article IX, Concurrency Management. The standards provided herein are stipulated to implement policies within the parks and recreation element. The standards shall apply to all residential applications for subdivision approval. No property shall be assessed twice for respective subdivision plat applications unless a rezoning subsequently increases the density permitted on a parcel(s) of land. (1) Requirements. As a condition of development, the applicant shall dedicate land to the City of Sebastian, pay a fee in lieu thereof, or a combination thereof, at the option of the city for park and recreational purposes at the time and according to the standards and formula described in this section. (2) General standard. Four acres of property for each 1,000 persons residing in the city [shall -'I be devoted for park and recreational purposes. To determine park and recreational land to be dedicated within the service area of proposed developments, analysis shall consider available facilities inventoried in the Parks, Recreation and Oven Space element of the City of Sebastian Comprehensive Plan: Dat:. In.�ent M. and Afflalysis Prior to dedicating such land, the applicant shall provide the city with an environmental audit performed by a registered engineer evidencing that the property does not contain any contaminated or hazardous materials defined by law. (3) Fees in lieu of land dedication. If it is demonstrated by the applicant to the satisfaction of the city council in their sole discretion that no park or recreation facility can be located in whole or part within the proposed development to serve the immediate and future needs of the residents of the development, or if the proposed development shall consist of 54-100 dwelling units or less, the applicant may, in lieu of dedicating land, pay a fee equal to the fair market value of the land which would have been required to be dedicated. Tl e eity eoianeil, "efi advine . f4h oa^cm-,-,�ti`v that all -be 1, ea4e.d within . the ,. romd ffcbdi-%v--n and m thefefer-e waive the r aimmsent tc dedheate!an and4Fs�ar,d, ahall reef im th:.�ub-divi e,. to i3ay ., fee I to the ,,akw of the llzn e determined by !be ��ula. The fellowine orite a xh,—K bo uaud amd shall be stated in the ..,,ee f 0) Tarcwar&-i,Keeleay. access d ,, ati f land in the subdMsioa available for dedie4iow- (5)--Size and �f the aubdi-riaion eland able for- dedioati Appropriate size for parks and recreational use. The size of parcel to be donated shall be at least one (I) acre. The city shall not consider fee -in -lieu for parcels less than one (1) acre in size. M(5) Use of money. The money collected shall be paid to the City of Sebastian and placed in a reserve account within a special fund. The monies and accrued interest from fees paid for any given development shall be used solely for acquisition of parkland within the same designated recreation 4 58 of 75 zone or to enhance facilities ra aozaVry ;n®lvd *, amvin in a neighborhood nark thaff-that. is within the same designated recreation zone. (-1D}(6) Determination of fair market value. Where a fee is required to be paid in lieu of land dedication, the =mar„e of the pr-apefty shall be ,lotn nirnd' y th n aaagm-d Iy th; 3xd�ax'ei�er Cetiff�y Pf:eperty lZppmi\:r Gm th" most rveen4 tax rail of the sale . e at the most re t sale preps amount of such fee shall be based on the appraised value or the purchase price, whichever is greater, including a 15% surcharge to cover acquisition costs. The appraised value of the land shall be determined by an appraisal by a qualified, independent real estate appraiser, to be secured by the developer. At the option of the city, the city may also secure an appraisal by a qualified independent real estate appraiser. the results of which shall be used to determine the value of the land in conjunction with the developer's appraisal. 4-1}(71 Technical standards for determining dedication requirement. a. Dedication formula. The following formula shall be used: Average Number of Persons per Dwelling Unit x 4 Acres per 1,000 Persons = Acreage Requirement per Dwelling Unit. Example fer-a--siegla family dwelling unit: UniyeYo_" —d., ShitTLQr�; ✓z\itw,, 1996 Assessment of n F+. -E i.[3 LU:aviAT_b y 0 Sebastian: 2.5OPeFs a/Umit 7, 1 AeFes lie' 1 ,cr ,00O PeY3ens — O.Q! Aefes� T=+ The averaee household size is 2.24 people per dwelling unit according to the University of Florida Bureau of Economic and Business Research (BEBR). December 2020 in Cite of Sebastian: 2.24 Persons/Unit x 4 Acres Per 1,000 Persons = 0.01 AcreslUnit. ion a ra o tyment f f in 1. Top , vagetatioy, by\ruin gy aeeess and laeat:ox of in t g)nAe 1t e o Mall be - five ae zz or lan"er_with a shape and , .,t, Fal features panp- ,'%V to ar ti reeFe.,t' 3. Availability a and 1 -park prepeFly; and 4. Ceesistenc=y with tno compr . eb. Credit for private recreational space. Upon recommendation from the community development department, Tthe city noux�l Council may grant pup to 50 percent (50%) partial credit for private recreational space within the development pursuant to the standards established herein. Such credit shall be applied against the total dedication or fee -in -lieu requirements for parks and recreation pursuant to this code. These guidelines and standards are established in order to ensure that private recreational spaces provide an appropriate range of recreational opportunities for residents of proposed developments. 1. The fell,,,, ini, formyL Gh^l�e used —(A x u) 1 z•nnm x C — 11 A - Mira: B Aver—aeo soa ' ld 0e C — I\firixn,\,% Arnonky JCe 1,000 .,e ,.le „e-Table belew 1) - Minmam 59 of 75 f For mnovid o minim Ale cFdit ohall Sj mn-_ Mtoa as f rlew . (ProAded Size D) x !IxII Credit per Table — Allowable Ored ovF umcat— ni wil� sg Pray .ses to build d ., 16,000 . e feet pool. A=-7-50 - a—zz4 G - 17,000 S # 750 z 2.5) .' 1,0001 x 17,000 — or I_VK vr5& J — 21,575 ao.* ay+�a.nft].) 7�[% vr-aieet if A 1 iG nnn so A e was ,; a o,d -A n;+n amity Swinunin -R0J Court Plai, Gernio, piok4ebalL Raoqtietba1k, Basketball Plaver�a�d Oflen Si) mac Cabana ✓olf COUMe hji=m ✓3� par 1,00() 12E)j), ,anon Full Credit 17,998--sc�-A . 15,000 "11. 2'0°�0 2091t 25.000 sa,% (feneed d muinvsd) 10% t'04 0 0,741. 209( 1.000 541t. 5% 9 Yolea Minim ' 1 R ; F � '',�00 >;z-;3.) c. Recruirements for private recreation space. Y& 1. The yards, setbacks, and other open areas required by the land development code and building codes shall not be included in the computation of private recreational space. 2. The private ownership and maintenance is adequately provided in pervetuity by recorded written agreement, conveyance, orrestrictions. 3. The use of the private recreational space is restricted for park and recreational purposes by recorded covenant which runs with the land in favor of the future owner's property and which cannot be defeated or eliminated without the consent of the city council. 4. The proposed private recreational space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, vegetation, hydrology, access and location. 5. Environmental preserves which have boardwalks, nature trails, water access, or other usable, passive recreational features, r ay --shall count for up to ten fifteen-100 percent of the required dedication. d. Procedure for dedication of land or t)avment of fees in lieu 60 of 75 1. As a condition of site and development plan approval, the developer shall agree in writing to dedicate land, pay a fee in lieu thereof, or a mixture of both, for parks and recreation as determined by the eitN-Citv.eetmeil Council in accordance with this article. 2. At the time of filing of the final plat, or prior to the issuance of a building permit for those developments that do not require a plat, the developer shall dedicate the land free and clear of all encumbrances or vav fees as previously determined by the eit-,�-City eounei1Council._ The fee -in -lieu of dedication shall be calculated per Section 54-4-19.I 1(h) (5) above. Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Bob McPartlan Councilmember Christopher Nunn 7 61 of 75 The Mayor thereupon declared this Ordinance duly passed and adopted this day of 72022. CITY OF SEBASTIAN, FLORIDA IN ATTEST: JEANETTE WILLIAMS, MMC JIM HILL, MAYOR CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: MANNY ANON, JR., ESQ. CITY ATTORNEY 62 of 75 SEA HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 13, 2022 Agenda Item Title: Ordinance No. 0-22-03 - Proposed Land Development Code Amendment - Article XXII and Article XVI amending sections relating to murals Recommendation: Second reading and adoption for Ordinance 0-22-03. City Council continued this item to a date certain of April 13, 2022 following public notice. Background: A Public Mural Program was presented to the City Council on January 26, 2022 by the Sebastian River Area Chamber as a Community Arts and Cultural initiative within the Community Redevelopment Area (CRA) known as the Sebastian River Area Public Mural Program (SRAPMP). Council directed staff to proceed with this program and revise the recommended Land Development Codes as applicable. The Planning and Zoning Commission reviewed Ordinance 0-22-03 on February 17, 2022 and unanimously approved the draft ordinance as presented. First reading was held on March 9, 2022 and approved by City Council with a request for the following clarifications: A definition of Sebastian River Area Public Mural Program (SRAPMP) has been added to Sec. 54-5-22.2 Definition of terms b. A modification to Sec. 54-3-16.3. Exempt signs that Sebastian River Area Public Mural Program Committee. If Agenda Item Renuires Expenditure of Funds: Budgeted Amount: NIA Total Cost: No cost for this agenda item is anticipated. Funds to Be Utilized for Appropriation: NIA Attachments: 1. Ordinance 0-22-03 Administrative Services Department Review: t City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: 6111- 4 7- provides defined parameters for "category" and the 63 of 75 ORDINANCE NO.O-22-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A DEFINITIONS OF TERMS REGARDING MURALS; AMENDING SECTION 54- 3-16.3 PROVIDING FOR EXEMPTIONS PERTAINING TO MURALS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council supports the Community Arts and Cultural initiative within the Community Redevelopment Area (CPA) to create the Sebastian River Area Public Mural Program (SRAPMP) by the Sebastian River Area Chamber; and WHEREAS, the City Council finds it is in the public interest to modify and update certain provisions of the code relating to Murals; and WHEREAS, the Local Planning Agency held a public hearing on February 17, 2022, and made a recommendation to City Council to approve Ordinance 0-22-03. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment 1: ARTICLE XXII. LANGUAGE AND DEFINITIONS See. 54-5-22.2. Definition of terms. Terms not otherwise defined herein shall be interpreted first by reference to the comprehensive plan and this code; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise. For the purpose of enforcing and administering this code, the following words shall have the definition and meanings herein ascribed: Mobile home. A structure transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and including the plumbing, heating, air conditioning and electrical systems contained therein. Calculations to determine the number of square footage in a structure will be based upon HUD standards, and such structures are subject to the regulations set forth therein. For the purposes of this code, a mobile home shall not be considered a single-family dwelling unit. 64 of 75 Mural. Artwork applicd to the wall of a building that covers all or substantially all of the wall and depicts a scene or event of natural, social, cultural. or historic significance. Nameplate. A sign stating only the name of the occupant and his or her occupation or specialty. Sebastian River Area Public Mural Pram (SRAPMP). A Community Arts and Cultural initiative administered_ by the Sebastian River Area Chamber of Commerce within the Community Redevelopment Area (CRA) establishing guidelines, program parameters, applications, mural categories, processes and the Sebastian River Area Public Mural Program Committee. Amendment 2: ARTICLE XVI. SIGNAGE AND ADVERTISING Sec. 54-3-16.3. Exempt signs. Signs exempt from permitting. The following types of signs do not require a permit provided the sign shall not violate section 54-3-16.4, Prohibited signs. With the exception of public signs, the following signs shall comply with all applicable requirements in the zoning district where installed; comply with other provisions in this subsection; and be consistent with the spirit, intent and purpose of this article: (1) Address sign. Address signs not exceeding four square feet shall be permitted. (2) Instructional signs. (3) Home nameplate. Nameplate signs not exceeding two square feet shall be permitted for single-family homes and duplexes. (4) Public signs. (5) Flags. When used for symbolic, noncommercial purposes. (6) Real estate signs. Only one sign, shall be permitted, per street frontage, on each parcel of land located in any district provided that such signs do not exceed an area of six square feet in a residential district and 16 feet in a commercial, industrial or institutional district. Said signs may include "Open House," "Open For Inspection," "Open" and other similar signs. Such signs shall be removed within 30 days after the closing of the sale. (7) Off -premises open house signs. Each residence that is open for inspection for sale or lease may have the seller or the agent install off -premises open house signs to direct persons to the open house, subject to the following: a. The sign shall not exceed four square feet in sign area, shall be located at least five feet from the adjacent road, and shall not exceed a height of three feet above the crown of the road. b. The message shall be limited to "Open House," "Open For Inspection," or substantially similar phrase, and the name of the owner of the sign. C. Each sign shall be made of metal, plastic, wood, or other weather resistant material. Paper or cardboard signs are prohibited. d. Each sign shall not be installed off premise before 9:00 a.m. and shall be removed each day not later than 8:00 p.m. Any such sign in violation of these restrictions may be summarily removed by the city without notice. (8) Election season signs. Subject to the provisions of subsection 54-3-16.5(e)(3). 65 of 75 (9) Construction signs. Construction signs shall be permitted only while construction is actually in progress and shall be removed within 15 days following the issuance of a certificate of occupancy, completion or abandonment of work, whichever occurs first. No such sign, however, shall be erected prior to the issuance of a building permit. Such signs shall not exceed an area of 16 square feet. Each sign shall be at least_ 20 feet from contiguous property lines of adjacent land owners and at least five feet from any right-of-way. (10) Window signs. For each facade, such signs, collectively, may not cover more than 50% of the total surface area of the transparent portion of all window(s) and door(s). Signs attached permanently to the interior of a building window or glass door shall be required to obtain a permit and the area of said sign shall be counted against the allowable signage permitted. (11) Holiday signs. Displays, including lighting, erected in connection with the observance of holidays. Such signs shall not be installed more than 60 days before the holiday and shall be removed within 30 days following the holidays. (12) Vehicular signs. (13) Future tenant identification sign. Such signs shall be permitted only while the development permit approval is in progress for a commercial or industrial activity and shall be removed within 15. days following the issuance of a certificate of occupancy, completion or abandonment of work, whichever occurs first. Such signs shall not exceed an area of 32 square feet. Each sign shall be at least 20 feet from contiguous property lines of adjacent land owners, at least five feet from any right-of-way, and shall be located on the site where the use will occur. (14) Garage sale signs. Only one sign, not exceeding four square feet located on the property of the residence where the garage sale is being conducted is permitted. Such a garage sale shall have received a permit from the city as required by section 82-51, Code of Ordinances. Said sign shall not be erected before the beginning of the garage sale and shall be removed each day at the close of the garage sale or by the end of daylight, whichever occurs first. Said sign shall not be located in the right-of-way. (15) Murals. Allowable in the Riverfront and Triangle Overlay Zoning Districts; commercial property only. One mural per building and shall not exceed 100 percent of the size of one wall. A mural shall be prohibited from facing a residential zoned district. Text or lettering shall not exceed ten percent (10%) of the area of the mural. Murals determined to be advertising shall be considered a sign and sl=all be included in the calculations of allowable sign area in accordance with Article XVI. Mural applications will be approved with the guidelines set forth by the Sebastian River Area Public Mural Program (SRAPMP). Murals are subject to approval by the City and the Sebastian River Area Public Mural Program Committee. Murals under this program are exempt from Sec. 54-4-2I .A.6 Colors. Murals that utilize more than one wall shall adhere to size parameters and be continuous in approved sate ory as established by this program as follows: a. Beach/Indian River Laeoon/Lakes/Rivers b. Birds in Florida c. Fishing/Fishine Village d. History & Treasure Coast e. Interactive f Native Flora (plants) & Fauna (animals) 66 of 75 Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. Section b. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Bob McPartlan Councilmember Christopher Nunn. The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2022. CITY OF SEBASTIAN, FLORIDA JIM HILL, MAYOR 67 of 75 ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: MANNY ANON, JR., ESQ. CITY ATTORNEY 68 of 75 M pF SEELASTIANJ HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 13, 2022 Agenda Item Title: Approve Ahrens Companies Change Order #5 allowing for increased material costs associated with the construction of Hangar 'D' at Sebastian Municipal Airport; and authorize the City Manager to execute the related documents. Recommendation: Staff recommends approval of Ahrens Companies Change Order #5 in the amount of $34,548.00 for unforeseen increases in material costs associated with the construction of Hangar 'D' at Sebastian Municipal Airport; and authorization for the City Manager to execute the related documents. Background: The history of construction of Hangar 'D' involved a 'false start' using the design -build firm of Johnson-Laux in February 2020. Johnson Laux was unable to design the building within the allowable $2.25M budget. The project was then offered to Ahrens Companies, the second -in -line design -build firm evaluated under RFQ 19-04, and approved by City Council on April 14, 2021. Construction costs have increased appreciably in the past year and have exceeded Ahrens forecast of material cost. They are requesting $34,548.00 in reimbursements to cover those higher costs. Ahrens has foregone all project management and overhead costs associated with these materials. This Agenda Item Requires the following Expenditure of Funds PROJECT BUDGET: $1,964,187.00 COSTINCREASE: $ 34,548.00 representing a 1.8% increase Source of Funds: Airport Reserves Attachments: Ahrens Change Order #5 List of affected materials and their price increases Administrative Services Department Review:'( <J L City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: �,�� /�, ­�- 69 of 75 AHRENS COMPANIES 1461 Kinetic Road Lake Park, FL 33403-1911 Ph : (561) 839-2822 Fax: (561) 863-9007 Change Order Project: 21-000037 CITY OF SEBASTIAN HANGAR D 402 AIRPORT DRIVE EAST SEBASTIAN, FL 32958 To Contractor: AHRENS COMPANIES 1461 Kinetic Road Lake Park, FL 33403-1911 The Contract Is changed as follows: MATERIAL ESCALATIONS Change Order: 5 Date: 1126/2022 $34.548,00 RECEIPT OF APPROVED CHANGE ORDER IS REQUIRED BY 3114/22 IN ORDER FOR AHRENS COMPANIES TO ISSUE REQUIRED CHANGE ORDERS AND SCHEDULE THE WORK. ONCE THE CHANGE ORDER IS APPROVED AND RECEIVED BY AHRENS COMPANIES, THE START DATE WILL BE ESTABLISHED AND COMPLETION DAYS AS STATED BELOW . IF CHANGE ORDER IS RECEIVED AFTER THIS DATE, NOTIFICATION WILL BE PROVIDED ON POTENTIAL CONSTRUCTION SCHEDULE IMPACT AND CHARGES FOR ADDITIONAL GENERAL CONDITIONS . The original Contract Amount was $1,964,187.00 Net change by previously authorized Change Orders $-638,504.67 The Contract Amount prior to this Change Order was $1,325,682.33 The Contract will be changed by this Change Order in the amount of $34,548.00 The new Contract Amount including this Change Order will be $1,360,230.33 The Contract Time will be NIA. The date of Substantial Completion as of the date of this Change Order therefore is NOT VALID UNTIL SIGNED BY THE CONTRACTOR AND OWNER. CHANGE REQUEST/CHANGE ORDER VOID IF NOT SIGNED WITHIN 30 DAYS AHRENS COMPANIES CCNTRACTOR OWNER 1461 Kinetic Road Lake Park, FL 33403-1911 94UyqW C' Xe4 {Stgrreture) (Signature) Richard C. Ahrens, CEO/President By 1/2612022 R - Date Daie 70 of 75 AHRENS COMPANIES 1461 Kinetic Road Lake Park, FL 33403-1911 Ph : (561) 839-2822 To: SCOTT BAKER CITY OF SEBASTIAN 1225 Main Street Sebastian, FL 32958 Description: MATERIAL ESCALATIONS Change Request Number:5 ' � a Date:1126122 Job: 21-000037 CITY OF SEBASTIAN HANGAR D Phone: We are pleased to offer the following specifications and pricing to make the following changes: RECEIPT OF APPROVED CHANGE ORDER IS REQUIRED BY 3/14/22 IN ORDER FOR AHRENS COMPANIES TO ISSUE REQUIRED CHANGE ORDERS AND SCHEDULE THE WORK. ONCE THE CHANGE ORDER IS APPROVED AND RECEIVED BY AHRENS COMPANIES, THE START DATE WILL BE ESTABLISHEC AND COMPLETION DAYS AS STATED BELOW . IF CHANGE ORDER IS RECEIVED AFTER THIS DATE, NOTIFICATION WILL BE PROVIDED ON POTENTIAL CONSTRUCTION SCHEDULE IMPACT AND CHARGES FOR ADDITIONAL GENERAL CONDITIONS Description MATERIAL ESCALATION COSTS PER ATTACHED SPREADSHEET PROJECT MANAGER - NO CHARGE PER RICHARD C. AHRENS PROJECT ADMINISTRATOR - NO CHARGE PER RICHARD C. AHRENS 15%AHRENS COMPANIES FEE - WAIVED ON THIS CHANGE ORDER PER RICHARD C. AHRENS 1.33% INSURANCE FEE 2% BOND FEE CREDIT FOR CITY DIRT = B70 YARDS @ $3.0DlYARD The schedule will be NIA. If you have any questions, please contact me at (561)863-9004. Submitted by: MICHELE BALL-VAUGHN AHRENS ENTERPRISES, INC. Approved by: Date: Price $35.951.26 $478.15 $728, 59 $-2,610.00 Subtotal: $34,548,00 Total: $34.548,00 Page 1 of 1 71 of 75 Sebastian Airport Hangar D Material Escalation Cost / March 2021 - September 2021 Increase Material Cost amount to Trade Company 3/16/21 10/1/2021 client Comments Concrete David Mann White Cap Rebar $11,318,30 $17,914,75 $6,596.45 Titan Florida Concrete $48,020.00 $52,185.00 $4,165.00 Sprinkler Delta West Coast Winsupply Fabrication Material $ 7,306.34 $12,103.49 $4,797.15 West Coast Winsupply Loose Material $ 2,864.81 $ 3,585.12 $ 720.31 Electrical Taurus Peninsular Distributors Base Electrical $25,094.26 $26,604.26 $1,510.00 Sesco Lighting lighting $21,189,00 $23,625.19 $2,436.19 A.B. Fire Fire Alarm $ 9,436.00 $10,385.00 $ 949.00 Drywall Phoenix Drywall Materials Drywall / Metals $ 5,200.82 $ 8,780.44 $3,579.62 Dry Well Robert Scarborough Well Materials Piping $ 5,394.22 $ 9,047.46 $3,653.24 Fencing Action Fence Fencing Materials Fencing $11,214.04 $18,758.34 $7,544.30 Paving Timothy Rose INITIALS CONTRACTOR OWNER, 72 of 75 anp mzF SIEBA"'T HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeti.n2 Date: April 13, 2022 Agenda Item Title: Request to Move August 10, 2022 Council Meeting Recommendation: At Council's discretion, move meeting to August 31, 2022 Backeround: The Annual Florida League of Cities Conference (with Symposium) will be in Hollywood, Florida from August 10 - 13, 2022. To allow any interested members to attend the pre -conference symposium usually held on Wednesday, staff recommends moviiag the second August meeting to the 315` Attachments: August's calendar Administrative Services Department City Attorney Review: Procurement Division Revievv, if cfiplicabl . City Manager Authorization: Date: 73 of 75 LIT)Of SIEELASTIA ,» HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING: April 13, 2022 AGENDA ITEM TITLE: Approve Request for Executive Session pursuant to Sections 286.011(8) and 447.605(1), Florida Statutes. RECOMMENDATION: Approve Request for Executive Session pursuant to Sections 286.011 and 447.605 (1), Florida Statutes. BACKGROUND: In accordance with section 447.605 (1), F.S., a limited exemption from Section 286.011, F.S., exists for discussions between the chief executive office of the public employer and the legislative body of the public employer relative to collective bargaining. The exemption afforded by this section applies to actual and impending collective bargaining negotiations. The unions collective bargaining agreements are subject to negotiations ola Jully, 2022 and the Compensation and Benefit Plan will be a subject to negotiations. Accordingly, the City Attorney requests a closed attorney -client session with the City Council to discuss impending collective bargaining negotiations with the unions pertaining to the Compensation and Benefit Plan for the City of Sebastian and its implementation_ Attendees are restricted by Florida Statutes, and the entire meeting will be recorded by a certified court reporter. ATTACHMENTS: None IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Administrative Services Departme. Revi i City Attorney Review: Procurement Division Review, ifopplicabl . City Manager Authorization Date: 75 of 75