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Home My WebLink About02142001SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 14, 200'1 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK .1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Dr. Ronald D. Thomas, Sr. - Sebastian United Methodist Church 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majodty vote of City Council members (R-99.21) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 01.036 A. 1-2 Presentation of Proclamation and Letter from Governor Jeb Bush to James F. McCandrew - Landing Ship Tank (LST 325) Recovery and Return from Greece to US (Proclamation, Letter) 01.037 B. Presentation of $500 Donation by Sebastian Men's Golf Association to City of Sebastian for Riverview Park Fund (No Backup) 01.038 C. Presentation of Plaque to Employee of the Quarter - Ann Brack (No Backup) 01.039 D. 3 Reading of Proclamation Declaring Support for School Nurses in All Florida Public Schools (Proclamation) 01.040 E~ 5-6 Presentation of Florida Government Finance Officers Award to City of Sebastian Finance Department (Notification Letter) 01.041 F. Presentation of Fiscal Year 1999/2000 Financial Statements by Debra Bradley, CPA - Hoyman Dobson & Company, PA (Report Under Separate Cover) 01.042 G. Presentation by Pelican Island Elementary 5th Grade Class - Encourage Use of Compost (No Backup) 01.043 h. Presentation by Dan Dietz, Indian River County Department of Emergency Services - New Fire Code Standards Impacts to the City of Sebastian (No Backup) 01.044 I. 7-8 Presentation By ZCS Senior Housing Partners, LLC Re: Possible Development of Senior Housing Facility (City Manager Transmittal, Brochures Under Separate Cover) 01.045 9-22 01.046 23-24 01.047 25-39 01.048 41-51 01.049 53-59 01.050 61-66 CITY ATTORNEY MA'I-rERS CITY MANAGER MATTERS A. Position Statement Re: (No Backup) 1. Governance of Salary/Benefits Structure 2. Police Pension Process CITY CLERK MATTERS CITY COUNCIL MATTERS A. Mr. Hill B. Mr. Majcher C. Mayor Barnes D. Vice Mayor Bishop E. Mr. Barczyk CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - January 24, 2001 Regular Meeting Contract Renewal for Dickerson of Florida, Inc. - Type S,3 Asphalt On As Needed Basis for One Additional Year - 11/3/2000 through 11/3/2001 (Public Works Transmittal 1/29/01, Orig Bid Tabulation) Resolution No. R-01-02 - Vacation of Easement - Lots 9 & 10, Block 224, Unit 8, SH - Kozo (Growth Management Transmittal 2/7/0.1, R-01-02, Site Map, Application, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 9 AND 10, BLOCK 224, SEBASTIAN HIGHLANDS UNIT 8, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-03- Vacation of Easement of Portion of Rear Drainage Easement - Lot 6, Block J, Collier Creek Estates, Phase III - Calvert (Growth Management Transmittal 2/7/01, R-01- 03, Site Map, Application, Staff F~eport, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN PORTION OF AN EASEMENT ON LOTS 6, BLOCK J, COLLIER CREEK ESTATES SUBDIVISION, PHASE III, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-11- Citation Amendment - Change LDC Section References and Fine Amount (City Attorney Transmittal 2./7/01, F~~01-01) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A REVISED SCHEDULE OF CODE ENFORCEMENT ClTATIONFEES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. i Resolution No. R-01-12 - City Board Appointment Procedures Revision -Add Language Re: Filling Alternate Vacancy (City Clerk Transmittal 2/8/01, 12/20/00 Minutes Excerpt, R-01-12) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FOR UNIFORM APPLICATION; PROVIDING FOR RESIGNATION AND REAPPOINTMENT; ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF! A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK', REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 01.051 67-80 01.030 81-94 01.052 95-97 01.053 99-101 01.054 103-105 01.055 107-109 01.056 111-114 Jo Resolution No. R-01-14 - Vacation of Easement - Lots 28 & 29, Block 186, Unit 8, SH - Dominguez (Growth Management Transmittal 2_/7/01, R-01-14, Site Map, Application, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 28 AND 29, BLOCK 186, SEBASTIAN HIGHLANDS UNIT 8, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-15 - Authorize City Manager to Enter Into Master Lease-Purchase Agreement with Kislak National Bank Not to Exceed $900,000 (R-01-15 w/Exhibits, Hanifen, Imhoff Letter) A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, FLORIDA, AUTHORIZING THE LEASE- FINANCING OF CERTAIN EQUIPMENTTHROUGH EXECUTION OF A MASTER LEASE-PURCHASE AGREEMENTWiTH KISLAK NATIONAL BANK; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE, Authorize City Manager to Execute Proposed Licensing Agreement Between the City of Sebastian and Tri-Sure Corporation for Storage of Construction Related Materials During Next Phase of Sebastian Water Expansion on Filbert Street Property (City Manager Transmittal 2/5/01, Licensing Agreement) Approve March of Dimes Use of Riverview Park w/Electricity for North Indian River County Walk- A-Thon - 4/21/01 - 7 am to 10:30 am - Street Closing to Be Coordinated with Police Department (City Manager Transmittal 2/5/01, March of Dimes' Letter, Walk Route) Approve Learning Nest Use of Riverview Park Gazebo w/Electricity for First Annual Learning Nest 5-K Run - 5/12/01 - 7 am to Noon - Street Closing to Be Coordinated with Police Department (City Manager Transmittal 2/1/01, Park Superintendent Memo) Approve Use of Riverview Park for Easter Sunrise Service by Sebastian River Ministerial Association w/Electricity - 4/15/01 - 6 am to 8 am (City Manager Transmittal 2/1/01, Thomas and Fomash Letters) Approve Request for Rental of Community Center - Zamarripa Valentine's Day Party - 8 pm to Midnight - 2/16/01 - NB and $ 5.00 Admission Fee - Age Verified - Use After 11 pm, NB, Admission Fee Require Council Approval Per R-00-21 (City Clerk Transmittal 2/1/01, Application, R-00-21 Excerpts) 01.017A 115-122 01.032A 123-139 01.032B 141-156 01,033 157-160 12. 13. 14, 15. 01,005 161-162 01.007 163 PUBLIC HEARING Procedures for public hearings: (R-99.21) · Mayor Opens Hearing · Attorney Reads Ordinance orReselution · Staff Presentation · Public Input - Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Hearing ° Council Action Anyone Wishing to Speak is Asked to Sign Up before the Meeting, Vi/hen Called go to the Podium end State His or Her Name for the Record ~ A. Ordinance No. O-01-02 - Buildinq Permits (Finance Director Transmittal 1/31/01, 0-01-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 26-35 CHAPTER 26 ARTICLE II BUILDING CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. O-01-03 - Land Use Chan(~e - CNK, Inc. (Growth Management Transmittal 1/30/01~ 0-01-03, Application, Map, Staff Report, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN FOR LOT 17, SECTION 30, AA BERRY SUBDIVISION CONSISTING OF 5.14 ACRES, MORE OR LESS, TO IN (INDUSTRIAL) FROM INS (INSTITUTIONAL); AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. Ordinance No. O-01-04 - Rezoning - CNK~ Inc. (Growth Management Transmittal 1/30/0~ 0-01- 03, Ap/~lication, Mal~, Staff Report, P & Z Recommendation. J This Matter is Quasi-Judicial - see back of agenda for procedures AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOT 17, BLOCK 30, AA BERRY SUBDiVISiON CONTAINING 5.14 ACRES, MORE OR LESS, FROM PS (PUBLIC SERVICE) TO IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. O-01-05 - Designation City~lerk Records Management Liaison Officer (City Clerk Transmittal 2/5/01, 0-01-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, SECTION 2-2, POWERSAND DUTIES OF THE ClTYCLERK, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda, sign-up required - limit of ten minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS A. Discussion - Overgrown Lots (1/10/01 Mint tes Excerpt) B. Portable Sanitary Facilities (1/10/01 Minutes Excerpt) 16. NEW BUSINESS 01.057 A. 165-167 Approve Ranking for Stormwater Management Consultant as Recommended by Consultant Selection Team and Authorize Contract Negotiations with Number One Ranked Firm Camp, Dresser and McKee (General Services Administrator Transmittal 1/30/01, Professional Services Tabulation) 01.017B B. 169-175 Resolution No. R-01-01 - Establishing Building Permit Fees in Accordance w/O-01-02 (Finance Director Transmittal, R-01-02) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING VARIOUS BUILDING PERMIT FEES PURSUANT TO CITY CODE SECTION 26-35 CHAPTER 26 ARTICLE II BUILDING CODE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; PROVIDING FORAN EFFECTIVE DATE. 01,058 C. 177-181 Resolution No. R-01-09- Collier Creek Subdivision -Phase 4 Final Plat (Growth Management Transmittal 1/30/01, R-01-09, Final Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CREEK ESTATES PHASE FOUR, A REP[AT OF A PORTION OF SEBASTIAN HIGHLANDS UNIT 16; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE, 01.059 D. 183-188 Appropriate $30,435 to Complete Public Works Compound Improvements Project and Authorize Addendum 1 to Ranger Construction Contract in the Amount of $17,321.20 (Public Works Transmittal 2/6/01, Ranger Quote) 01,060 E. 189-190 Award Contract for Derelict Vessel Removal to Adventure Environmental, Inc. of Key Largo in the Amount of $28,600 - Fully Funded by Florida Fish and Wildlife Grant (City Engineer Transmittal 1/30/01, Bid Tabulation Sheet) 01.061 F. 191-196 Appropriate $214,706.50 from Airport Funds and Authorize Change Order to Links Construction for Relocation of Golf Course Hole 11 and Relative Changes Associated Thereto (General Services Transmittal 2/8/01, Links Proposal) 01.062 G. 197-201 Authorize City Manager to Execute Contract with Atlantic Land and Timber, Inc. for Logging at Airport (City Attorney Transmittal 2/8/01, Airport Director Memo, Proposal) 01,063 H. 203-219 Resolution No. R-01-13 ~ Recreational Facility Designations and Procedures and Fees for Use (City Clerk Transmittal 2/8/01, R-01-13) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING CLASSIFICATIONS FOR RECREATIONAL FACILITIES IN THE CITY; ADOPTING PROCEDURES AND FEES FOR RECREATIONAL USE PERMITS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 17. ADJOURN (Afl meetings shall adjoum at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DEC/S/ON MADE BY THE CiTY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS, IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcominq Meetinqs: · Regular Meeting - Wednesday, 2/28/2001.7 pm Election ~ Tuesday, 3/13/2001 Regular Meeting - Wednesday, 3/14/2001 - 7pm · Special Meeting- Monday, 3/19/2001 ~ 7 pm (Election Matters) · Regular Meeting - Wednesday, 3/28/2001 - 7pm PROCEDURES FOR QUASI-JUDICIAL HEARINGS IN ACCORDANCE WITH RESOLUTION NO. R-99-12 A. Swearing,of witnesses. Any person presenting factual information to theTribunai during the hearing shall be sworn. The administration of the oath or affirmation shall be done by the Clerk of the Tribunal on the record at the time the person comes to the podium. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant's position, need not be sworn. B. Admissibilty of Evidence. The City Attomey, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over-ruled by a majority of the Tribunal upon a motion by any member thereof. Otherwise, the Presiding Officer of the Tribunal shall for the record receive any evidence presented and the same shall be maintained in the cuStOdy &the City Clerk. C. Time Limitations. The traditional practices of the Chair in presiding over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the Tribunal by majority vote may set limits on the length of presentations and the number of witnesses on a case-by-case basis.i D. Disclosure of Ex-Parte Communication. At the tinge the Presiding Officer opens the hearing, members of the Tribunal shall disclose ex-parte communications in accordancel with law. E. Order of Presentation.After the Presiding Officer opens the hearing, the matter shall proceed in the following order: 1. The applicant or his agent shall make a presentation in favor of the request, 2. The staff shall present its findings and analysis. 3. The Tribunal shall ask questions of the applicant and staff as it sees fit. 4. The floor shall be opened to anyone in favor of the request who wishes to speak or ask questions. 5. The floor shall be opened to anyone opposed to the request who wishes to speak or ask questions. 6. The applicant is provided an opportunity toI respond to any of the issues raised by staffor the public. 7. Staff is provided an opportunity to summai'ize its position. 8. The Tribunal deliberates the request, ask~qg such questions as It sees fit. 9. The Presiding Officer then entertains a mOtion and the Tribunal acts. Section 2. APPLICATION. Due to the evolving nature of this area of the law, these procedures shall be utilized in the conduct of hearings on matters that are determined tr/be quasi-judicial under the laws of the State of Florida. \wp-min\quasi.pro SEBASTIAN HOME OF PELICAN ISLAND PROCLAMATION WHEREAS, James F. McCandrew, a resident of Sebastian, Florida and a Veteran of the Korean Conflict, volunteered his services to bring LST 325 back to America; and WHEREAS, James F. McCandrew joined several other Veterans with LST service from World War II, the Korean Conflict and Viemam; and WHEREAS, he flew at his own expense to Greece in July, 2000 and again in September, 2000 to assist in preparing the LST 325 for the voyage home; and WHEREAS, James F. MeCandrew assisted in the difficult and time consuming task of repairing the badly neglected ship and together with the rest of the crew spent many long days and nights in this effort; and WHEREAS, through their efforts and the help of volunteers from the Greek Naval Force and units of the United States Navy and Coast Guard in addition to American Embassy Staff, the ship was made ready to move under its own power and did transit from Greece to Gibraltar for further work and fuel; and WItEREAS, the shipand crew of twenty-nine with an average age of seventy-two departed Gibraltar on 12 December, 2000 with the assistance of 50,000 gallons of diesel fuel donated by BP Petroleum and funding from Phillips 66; and WHEREAS, after a rough crossing of the Atlantic Ocean under winter weather conditions, the LST 325 arrived in Mobile, Alabama on I0 January, 2001 with ship and crew intact. NOW THEREFORE, I, Waiter W. Barnes, by the authority vested in me as Mayor of the City of Sebastian, Florida do hereby salute the courageous and noble efforts in bringing home the LST 325, and I extend to you the gratitude of the Citizens of Sebastian, Florida for your service to our nation. You are truly a hero in every sense of the word and an outstanding example to all of our citizens and, especially, our young citizens. WELL DONE JAMES F. McCANDREW IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 14th day of Februau., 2001. Walter W. Barnes, Mayor OFFICE OF THE $OUERNOR Fax:850-487-O$O1 Feb 6 'Oi iS:O1 J£t~ BuSH GOVEr~NOR .OF TH~ $'~£ O~ IiLORIDA February 14, 2001 Dear Mr. McCandre~ As Govemor of fl~e State of Florida, I would like ;o congratulate you for your part as a crew member of the LST 325 not only during your years of military service but also.your recent efforts to ratum this ship to Mobile, Alabama. Despite overwhelming odds, twenty-nine veterans with service on the LST 325 raised money, made repairs, and safely brought their ship home to the United Sta'es. I am appreciative, of the years of service you.gaVe to your country, especJally in the time of war. Thank you for helping to preserve the freeaoms.we continue to enjoy. You can . be proud of the service you provided. I salute you for your achievements and send best wishes in.all of your future en(~eavors. JB/hss James .F. McCandrew c/flor SEBASTIAN HOME OF PELICAN ISLAND DECLARING SUPPORT FOR SCHOOL NURSES IN ALL FLORIDA PUBLIC SCHOOLS and WHEREAS, only 17 of 37 schools in Okaloosa County currently have licensed nurses on staff; WHEREAS, school attendance is improved by the school nurse's early detection and referral due to disease, and by adequate assessment and judgement when students are well enough to remain in school; and WHEREAS, school nurses collaborate with administrators to promote a healthy, safe and nurturing environment; and WHEREAS, an average of 83 students and staff are seen by each school nurse on an average day; and WHEREAS, in the most recent Florida School Health Services report, the following diagnosis of students in Okaloosa County Schools were: Allergies - 800 students, Asthma - 915 students, Al)liD - 1,087 students, Seizures - 185 students, Cardiac -'148 students, Diabetes - 38 students, Bleeding Disorders ~ 13 students, Sickle Cell Anemia - I 8 students, Cancer - 12 students and Cystic Fibrosis - 4 students; and WHEREAS, according to a recent survey conducted by the National Association of Nurses, 98 percent of nurses'have saved a child's life, 82 percent have identified an abused child and 67 percent have counseled a depressed/suicidal student; and WHEREAS, teachers am freed up to devote their time to educating students because the School Nurse coordinates the health care needs of the students. NOW THEREFORE, I, Waiter W. Barnes, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, do hereby proclaim that the governing body of the City of Sebastian does declare their support in requesting from the Florida Legislature and Governor Bush to provide new funding to Florida's sixty-seven public schoOl districts for school nurses. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 14th day of Febrnary, 2001. Walter W. Barnes, Mayor City Clerk GOVERI~MENT FINAI~CE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 · Fax: 91P_/977-4806 December 04, 2000 Mr. Mark C. Mason, CPA Director of Finance City of Sebastian i225 Main Street Sebastian, FL 32958 Dear Mr. Mason: We are pleased to notify you that your comprehensive annual financial report (CAFR) for the fiscal year ended September 30, 1999 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the kighest form of recognition in governmental accounting, and financial reporting, and its attainment represents a significant accomplishment by a government and its management. Congratu- lations for having satisfied the high standards of the program. We hope that your example will encourage others in their efforts to achieve and mainsain an appropriate standard of excellence in financial reporting. Each entity submitting a report to the Certificate of Achievement review process is provided with a "Summary of Grading Results" form and a confidential list of comments and suggesT, ions for pos- sible improvements in its financial reporting techniques. Your list has been enclosed. You are strongly encouraged to implement the recommended improvements into the next report and submit it to the program. Accompanying future submissions should be your detailed response to each comment appearing on the list. These responses wilt be provided to those Special Review Committee mem- bers participating in the review. When a Certificate of Achievement is awarded to a government, an award of Financial Reporting Achievement is also presented to the individual(s) or department designated by the government as primarily responsible for its having earned the certificate. Enclosed is an award for Financial Reporting Achievement for: Finance Department, City of Sebastian WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 · Fax: 202/429-2755 Mr. Mark C. Mason, CPA December 04, 2000 Page 2 Your Certificate of Achievement!plaque will be shipped to you under separate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievementi and that appropriate publicity will. be given to this notable achievement. A sample news release has been enclosed. We suggest that,you! provide copies of it to the local newspapers and radio and ~elevision stations. In addition, enclosed is the Certificate Program "Results" for reporSs with fiscal years ended during 1998 representing 5he most recent stastics available · A current holder of a Certificate of Achievement may include a reproduction of the award in its immediately subsequent CAFR. A camera ready copy of your certificate will be forwarded to you for this purpose, in about eightiweeks. If you reproduce your certi~ ficate in your next report, please refer to the enclosed instructions. A'Certificate of Achievement islvalid for a period of one year. To continue to participate in the Certificate of Achievement Pro- gram it will be necessary for yc our review process. In order to expedite your submis of Achievement Program applicat~ submission of your next report. ,u to submit your next CAFR to .sion we have enclosed a Certificate on. form to facilitate a timely This form should be completed and mailed (postmarked) with three Copies of your report, three copies of your ·application, three copies of·your written responses to the program's comments and suggestions for improvement from the prior year, and any other· pertinent m~terial with the appropriate fee by March 31, 2001. Your continued interest in and Support of the Certificate of Achievement program is most appreciated. If we may be of any further assistance, please contact Delores Smith. Sincerely, ' GOVERAT~ENT FINANCE· OFFICERS ASSOCIATION Director/Technical Services Center SJG/ds HOAtl~ Ol: PF:LICAN iSlAND City of Sebastian, Florida Subject: Presentation regarding possible senior housing facility in the City of Sebastian. ~~_/~.ro~,e, for Submittal by: Department Origin: Growth Management Tracy E. Hass ~~ Date Submitted: January 3 i, 2001 For Agenda of: February 14, 2001 Exhibits: Letter of request by ZCS Senior Housing Partners, LLC, i~aformational pamphlet. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY ZCS Senior Housing Partners, LLC has requested an opportunity to make a brief presentation to the City Council regarding the possibility of constructing a Senior Housing facility in the City of Sebastian. ZCS is currently building such a facility in the City of Melbourne located at 230 Babcock Street. Attached you will fred an informational brochure for Crane Creek Senior Apartments, which contains a building schematic, floor plans and basic details concerning on-site amenities. ZCS will be presenting a scale model of the facility during their presentation on February 14th. ZCS Senior Housing Partners, LLC [] Cliff Singleton 501 Hollywood Blvd. W. Melbourne, FL 32904 321-951-9396 FAX 321-727-0934 Jan. 25, 2001 City of Sebastian Mr. Tracy Hass 1225 Main Street Sebastian, FL 32958 [] Dan Singleton 501 Hollywood Blvd. W. Melbourne, FL 32904 321-951-9396 FAX 321-727-0934 Jerry Hadlock 3140 Appalossa Blvd. Melbourne, FL 32934 321-259-3245 FAX 321-727-0934 Dear Tracy: We would like to thank you for y~ur interest in working with us. We are requesting an opportunity to present our plans for a senior apartment project in the City of Sebastian at your next scheduled City counsel meeting February 14th at 7:00 PM. Enclosed are several brochures of the Melbourne project for your City Counsel members. In case you are asked, these apartments are available to seniors (55 & older) on a first-come, first-serve basis. The rents typically range from approximately $575 for a one-bedroom unit to $685 for a 2-bedroom unit, including utilities. The maximum income a resident could have range from $21,000 for 1 person to $24,000 for 2 persons. These figures are based on Melbourne and could differ in your area. Thanks again. Sincerely, Jerry L. Hadlock HOME OF PELICAN ISlAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 24, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Reverend John Morrissey - St. Sebastian Catholic Church with a reading by Mayor Barnes. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio City Engineer, Ralph Brescia Finance Director, Mark Mason Police Chief, Randy White Public Works Director, Terry Hill Airport Manager, Jason Milewski Administrative Secretary, Joanne Sandberg Regular City Council Meeting January 24, 2001 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) None. NEW BUSINESS ITEMS CARRIED FORWARD F.ROM 1110101 AGENDA 01,012 Discuss Possible Alternatives Re: Restro(3m Facilities at Yacht Club, Hardee Park and Barber Street Sports Complex~fCitv Enoineer Transmittal 1/18/01 as Revised, Bid Tabulation Form) The City Manager distributed a memo from the City Engineer dated 1/23/01 (see attached); and · the City Engineer explained that staff was previously off on its estimates and was now recommending that City Council go with the revised bid from Camco, Inc. The Finance Director described available funds; and the City Manager said it is now the recommendation of staff to award the bid to Camco in the amount of $148,505.00. City Council discussion followed relative t~ increased costs; obligation for an additional facility for Barber Street as proposed in the grant; ad~lition of contingencies for hook-ups; concern for the large appropriation needed and suggestion' to trim a restroom to stay within the budget. MOTION by Bishop/Majcher 'TII make a motion that we approp have been budgeted to go ahead and get Park and the Yacht Club." ROLL CALL: Mayor Barnes Mr, Bishop Mr, Barczyk Mr. Majcher Mr. Hill · late the $63,296 to be combined with the moneys that ~tarted on the restroom facilities at Barber Park, Hardee - aye - aye - aye - aye - nay MOTION CARRIED 4-1 (Hill - nay) 01.013 ADDrove Kimley Horn & Associates, Inc. ~ Traffic Si(~nal at Barber Street and Schum Enoineer Transmittal 12/29/00 as Revised Intedocal Agreement, Mora Letter 1/5/01J The City Engineer briefly described the ne, fork Order#1 to Design Roadway Improvements for ann Drive in an Amount Not to Exceed $37,500 (City Exhibit "A" Scope of Service & Fees, Exhibit "B" ;d for design of the roadway improvements for the traffic signal at Barber and Schumann; noting the County has agreed to do the signal design and construction at a cost of $50,000. ~ The General Manager of Kimley-Horn addressed City Council. Discussion followed on a portion of the funds available for the project from ',he interlocal agreement with Indian River County in the amount of $200,000, and suggestion to incorporate the MPO 2005 plan for the four laning of Barber Street into the conceptual design at this time. MOTION by Majcher/Bishop ~ "1 move to approve Kimley Horn &l Associates, Inc, work order #1 to design the roadway improvements for the traffic signal at Barber Street and Schumann Drive in the amount not to exceed $37,500." 2 Regular City Council Meeting January 24, 2001 Page Three 01.014 01.015 01.019 ROLL CALL: Mr. Bishop - aye Mr. Barczyk ~ aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 Approve Purchase of Chevrolet One Ton Pickup Truck in the Amount of $27,957 and Chevrolet S-10 Pickup Truck in the Amount of $13,324 for City Gara_qe (General Services Administrator Transmittal 12/19/00, Quotes) MOTION by BarczyldMajcher "1 move to authorize the purchase of a Chevrolet one ton pickup truck, value of $27,957; and Chevy S-10 pickup truck, value of $13,324, from Maroone Chevrolet off Florida Sheriff's Association Bid." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Do Approve Purchase of Two Chevrolet Silverado 2500HD Model #CC25903 3/4 Ton Pickup Trucks in the Amount of $40~_848 from Maroone Chevrolet from Florida Sheriff's Association Bid #00-08- 0905 (Parks Superintendent Transmitta/1/02/01, Quote) MOTION by Barczyk/Majcher "1 move to approve the purchase of two Chevrolet Silverado 2500HD Model #CC25903 3/4 ton pickup trucks for $40,848 from Maroone Chevrolet in Pembroke Pines, Florida though the Florida Association Bid #00-08-0905." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Proclamation - Chief of Police Dennis "Randv" White Mayor Barnes read and presented the proclamation to Chief of Police Randy White. Regular City Council Meeting January 24, 2001 Page Four CITY ATTORNEY MATTERS The City Attorney advised Council not to take pub!lc input On Ordinance Nos. 0-00-03 and O-00-04 since they are presented only for first reading and due to the fact that some of it is a quasi-judicial. He noted public hearings will be held on February 14, 2001., / 9. CITY MANAGER MATTERS The City Manager reported on the emergency purchase of a Police Department server in the amount of $5,300, from Police Department funds. The City Manager advised that the City was not able to purchase two S-10 pickup trucks previously approved by Council for the Engineering Department and are now able to purchase a Jimmy and a Sonoma pickup at a reduced cost of $27,015.45 and requested authorization to proceed. MOTION by Bishop/Majcher "1'11 make a motion to accept the change in contract to purchase the two trucks from a new source for that amount ($27,015.45). TAPE I. SIDE II (7:46 p.m.) ROLL CALL: Mr, Hill Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher aye ave aye aye aye 10. 01.020/A. 00.262 MOTION CARRIED 5-0 CITY CLERK MATTERS Announcement of Appointment of City Manager tq.City Canvassing Board (City Clerk Memo~ / The City Clerk said in accordance with prior adoption of Resolution R-00-65 which authorizes the Supervisor of Elections to administer the election, she will mail a formal letter of request; and announced the appo ntment of the City Manager to the City C~anvassing Board. 11. CITY COUNCIL MATTERS A. Mr. Barczvk Reported on tight water restrictions in We Mr. Hill None. ~t Palm Beach. 4 Regular City Council Meeting January 24, 2001 Page Five C. Mr. Maicher Mr. Majcher requested City Council concurrence to appoint the City Manager to be the Sebastian member on the Indian River County Emergency Services District Advisory Board. MOTION by Majcher/Hill "1 would make a motion that we appoint our City Manager, Terrence Moore to the Indian River County Emergency Services District Advisory Committee as the main member." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Mr. Majcher stated that people are still very concerned with others smoking at Barber Street Sports Complex. The City Manager said the Creative Playground will be complete within the next several weeks. D. Mayor Barnes Mayor Barnes reported on a group of WWII veterans who traveled to Greece to return LST 325 (Landing Ship Tank) to the United States, and said he would like to make arrangements to have Sebastian resident and Navy veteran James McCandrew come to the next City Council meeting to be recognized and also send a letter to the Governor of Florida requesting recognition of Mr. McCandrew for his efforts. MOTION by Majcher/Barczyk "1 move to formulate a letter to the Governor to request the state to recognize Mr. McCandrew for his efforts in crossing the Atlantic and for the City of Sebastian to recognize him as well." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 Mayor Barnes suggested a candidates' forum broadcast live from the City Council Chambers. The City Attorney advised City Council members running in the March 13, 2001 election not to discuss issues among themselves or debate during candidate forums in accordance with the Sunshine Law. Mayor Barnes discussed the location of the proposed veterans clinic somewhere in between Sebastian and Vero Beach. Regular City Council Meeting January 24, 2001 Page Six 01.010 01.021 01.022 01.023 01,024 12, In response to Mayor Barnes' request, there was a unanimous consensus to mail a letter to the indian River County Commission in support of the Humane Society quest for funding for a new building, E, Vice Mayor Bishop None, CONSENT AGENDA All items on the consent agenda am considered routine and of consent agenda items unless a member of City Council s~ separately. ~/ill be enacted by one motion. Them will be no separate discussion requests; in which event, the item will be removed and acted upon A. Approval of Minutes - January 10, 2001 Regular Meeting Formal Approval for Mayor Barnes and ( Conference in Washington, D.C. and Apprc Clerk Transmittal 1/12/01, Brochure) Contract Renewal Fischer and Sons -Purc Beginning 1/26/01 (Public Works Transmi Contract Renewal Blackhawk Quarry - Pur( on As Needed Basis for One Additional Ye Bid Tabulation Sheet) ;ouncilmember Hill to Attend National League of Cities ~)riation of Approximately $1500 in Education Budget (City 3ase of Sand on As Needed Basis for One Additional Year 1/10/01, Bid Tabulation Sheet) :hase of Coquina Base, General Fill and Road Stabilization ar Beginning 1126101 (Public Works Transmittal 1/10/01, Resolution No. R-01-04 - Vacation of Easement - Chestnut 512 Car Wash - Lots 12,13,14,15 Block 186 Unit 8 (Growth Management Director Transmittal 1/9/01, R-01-04, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 12, 13, 14, AND 15, BLOCK 186, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. F. Baker Request for Community Center - 1/27/01 - 6-11 pm - NB - Security Paid and DOB Verified (City Clerk Transmittal 1/5/01, Application) The City Manager read the consent agenda and tile City Attorney read Resolution R-01-04 by title. MOTION by Bishop/Barczyk "1 move to approve consent agenda itemslA, B, C, D, E and F." ROLL CALL: Mr. Majcher -!aye Mr, Hill - aye Mayor Barnes - aye Mr, Bishop - aye Mr, Barczyk -~ aye MOTION CARRIED 5-0 Regular City Council Meeting January 24, 2001 Page Seven 13. PUBLIC HEARING 01.025 A. Ordinance No. O-01-01 - Amending Water Restriction (City Clerk Transmittal 1/18/01, O-Ol-01J AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 102 ARTICLE IV WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILI'rY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:04 p.m.; and the City Attorney read Ordinance No. O-01-01 by title. Being no input, Mayor Barnes closed the public hearing at 8:05 p.m. MOTION by Majcher/Bishop "1 move to adopt Ordinance No. O-01-01," ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker Robed Denton, 11245 Roseland Road; Donna Keys, 725 Layport Drive, Sebastian; and warren Dill discussed their concerns with the location of a new airport lease at the west end of runway 9-27, citing approvals of the 1993 airport master plan. Materials were distributed relative to prior airport master plan approval and suggested traffic patterns (materials on file in City Clerk's office) TAPE II - SIDE I (8:33 p. m.) Sal Neglia agreed with the aforementioned and urged Council to reconsider the runway issue; suggested children be prohibited from riding their skateboards to the skateboard park, and asked how the park will be maintained. The City Manager said there will be a minor user fee. Richard Taracka, said the expenditure of $6,200 per month for an interim chief is a waste of taxpayer money, and stated that the deputy chief should be the interim chief as he has been before. Mayor Barnes called recess at 8:48 p.m. and reconvened the meeting at 8:59 p.m. All members were present. The City Manager addressed City Council, stating that he had educated himself in all aspects of the airport master plan adopted in 1993 which was a five year plan, and for the record, staff is working with the new airport consultants on a regular basis, all are aware of the benefits of re-opening runway 9-27, and within the current master planning process the consultants have been directed to work in that direction in partnership with FDOT and FAA. The Airport Director addressed those with concerns stating that airport master plan consultants have been asked to look at alternative configurations for runway 9-27, and advised that the Houston hangar is a small facility and if relocation was needed the costwould be negligible. He invited anyone with concerns to contact his office. Regular City Council Meeting January 24, 2001 Page Eight 15. 16. 01.026 The City Manager requested that Council maintai~ its focus and work through its management team toward implementation of the airport master plan. COMMITTEE REPORTS/RECOMMENDATION~ None. OLD BUSINESS A. Capital Sanitation - Oral Report Re: Status of Franchise A(~reement by City Attorney and City Manager (No Backup) The City Attorney advised that he is working on a revised agreement for a regular meeting in February and that the franchise fee balance had been paid today. Darryl Baird, said he was in favor of man~iator3/pickup. 01.027 t7. NEW BUSINESS A. Authorize City Manager to Execute Memorandum of Aclreement Between City of Sebastian and Indian River County Sheriff's Office - Interim Pblice Chief Services (City Manager Transmittal Memorandum of Understanding) I The City Manager had distributed a revised, memorandum of understanding to City Council prior to the meeting (see attached); stated he hadi met with individual Council members relative to the Police Department, and distributed further inforrhation regarding current costs being spent on the current Police Chief as compared to proposed fees for the interim chief (see attached). / Captain Jim Davis addressed City Council Lassuring them he intends to move the department forward. The City Manager recommended autholization to execute the memorandum of agreement and responded to questions from Council relalive to application deadline, the need for Council approval of any extensions of the agreement by the City Council, and the issue of morale improvements. TAPE II - SIDE II (9:32 p.m.) Discussion continued on the salary range. MOTION by Majcher/Bishop "1 move to approve and authorize the City Manager to execute the Memorandum of Understanding by and between the IndianRiver County Sheriff's Office temporarily assigning Captain Jim Davis to perform the duties of Interim Police Chief for the City of Sebastian. The City Attorney asked if this was to approve the replacement copy as later distributed. Mr. Majcher then added "as amended". City Council members offered further npurt relative to their satisfaction with current police personnel, but at the same time supporting the admihistrative decision of the City Manager in this matter. Regular City Council Meeting January 24, 2001 Page Nine ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - nay Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4-1 (Barczyk - nay) 01.028 Authorize City Mana(~er to Execute A(3reement with Tischler & Associates, Inc. for Annexation Fiscal Impact Feasibility Study in the Amount of $7,800 (City Manager Transmittal 1/12/01, TischlerLetter) The City Manager reiterated his recommendation to establish an annexation study for the City. He stated he will begin working with Mr. Tischler in February and the study will culminate with a report to Council. MOTION by Bishop/Majcher "1 move to authorize the City Manager to execute the agreement between the City of Sebastian and Tischler & Associates, Inc., for the annexation fiscal impact feasibility study, for the amount of $7,800.00." ROLL CALL: Mr. Bishop ~ aye Mr. Majcher - aye Mr, Barczyk - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 01.029a Resolution No. R-01-07 - Authorizinc~ the Issuance of the City of Sebastian Florida Recreation Facilities' Bond to Finance the Accluisition of Certain Capital Improvements to Certain Recreational Facilities Owned by the City and/or the Cost of Refunding Certain Outstanding Obligations of the City (Finance Director Transmitta/ I/'18/01, Resolution Under Separate Cover) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA AUTHORIZING THE ISSUANCE OF THE CITY OF SEBASTIAN FLORIDA RECREATION FACILITIES' BOND TO FINANCE THE ACQUISITION OF CERTAIN CAPITAL IMPROVEMENTS TO CERTAIN RECREATIONAL FACILITIES OWNED BY THE CITY AND/OR THE COST OF REFUNDING CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY RELATED TO SUCH FACILITIES, TOGETHER WITH CAPITALIZED INTEREST AND CERTAIN COSTS ASSOCIATED THEREWITH; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SAID BONDS FROM THE PLEDGED FUNDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-07 by title. The City Manager introduced Jean Wilson, Nabors, Giblin and Nickerson, Bond Counsel, and Jeff Larson of Hanifen, Imhoff. Mr. Wilson addressed City Council on the effect of adoption of the resolutions, which will remove the current bond's restrictive covenants, release the lien on other revenue sources provided as collateral, and restructure the financing so that the primary source of funding will be Golf Course revenues. He noted that a final supplemental resolution will come back to City Council on February 28, 2001. Regular City Council Meeting January 24, 2001 Page Ten Mr. Larson briefly addressed Council on the financial goals of the complete refunding of the existing bonds, which will provide new money for facilities and free up public service taxes and franchise fees. He reiterated the final bond refunding resolution will come back on February 28, 2001 and the closing will take place mid March. Mr. Wilson adv!sed Council that it is approving forms of documents within the resolution and then it delegates to its Staff, and professionals representing the City, the authority to fill in the gaps as the bond refunding proceeds. MOTION by Bishop/Hill / "1 would move to approve Resolulion R-01-07." ROLL CALL: MOTION CARRIED 5-0 Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye 01.029b D, Resolution No. R-01-08 - Supplemental Resolution to Resolution O1-07 Authorizing the Issuance of Not Exceeding $2,600,000 in Ac~areg.ate Principal of Recreational Facilities Improvement and Refundin(~ Revenue Bond, Series 2001 (Finance Director Transmittal 1/18/0~, Resolution Under Separate Cover) TAPE III - SIDE I (10:14 p,rn.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA; SUPPLEMENTAL RESOLUTION NO. R-O1-07 OF THE CITY; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $2,600,000 IN AGGREGATE PRINCIPAL OF RECREATIONAL FACILITIES IMPROVEMENT AND REFUNDING REVENUE BOND, SERIES 2001 IN ORDER TO REFUND ALL OF THE CITY'S GOLF COURSE REVENUE REFUNDING BONDS, SERIES 1992 AND TO FINANCE CERTAIN CAPITAL IMPROVEMENTS TO THE GOLF COURSE AND RECREATIONAL FACILITIES OWNED BY THE CITY, TOGETHER WITH CAPITALIZED INTEREST AND CERTAIN COSTS ASSOCIATED THEREWITH; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR PAYMENT OF PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH : THE ISSUANCE OF SUCH BONDS; PROVIDING CERTAIN TERMS AND DETAILS OF SUCH BONDS, iNCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS AND THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT WITH RESPECT THERETO; AUTHORIZING THE EXECUTION AND DELIVERY OF A BLANKET LETTER OF REPRESENTATIONS AND ESTABLISHING A BOOK-ENTRY SYSTEM OF REGISTRATION FOR THE BONDS; APPOINTING THE PAYING AGENTAND REGISTRAR WITH RESPECT TO SAID BONDS; AUTHORIZING THE USE OF A PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DELIVERY OF A FINAL OFFICIAL STATEMENT WITH RESPECT THERETO; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE UNDERTAKING; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS AND TO EXECUTE AND DELIVER CERTAIN DOCUMENTS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE, The City Attorney read Resolution No. R-01-08 by title. MOTION by BarczyldMajcher "1 move to approve R-01-08." ROLL CALL: Mr. Majcher Mr, Hill Mayor Barnes Mr. Bishop Mr. Barozyk MOTION CARRIED 5-0 l0 - aye - aye - aye - aye ~ aye Regular City Council Meeting January 24, 2001 Page Eleven 01.030 E Resolution No. R-01-06 - Authorize City Mana_qer to Enc~ac~e Hanifen, Imhoffto Procure Line of Credit Financing for Heavy Equipment Not to Exceed $900,000 (Finance Director Transmittal 1/17/01, R-01- 06, Finance Director MemoJ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CITY MANAGER TO ENGAGE HANIFEN, IMHOFF TO PROCURE LINE OF CREDIT FINANCING FOR HEAVY EQUIPMENT IN THE AMOUNT NOT TO EXCEED $900,000; REVOKING PRIOR AUTHORIZATIONS"; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-06 by title. Jeff Larson reported on problems with the previously approved bond program with Capital Trust Agency; and advised that Hanifen, Imhoff, if engaged, are prepared to put out an RFP to financial institutions for line of credit financing. Discussion took place on the increase in the loan amount. MOTION by Hill/Bishop "1 move to approve R~01-06." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 At 10:30 p.m., motion was made as follows: MOTION by Bishop/Barczyk "1 move to extend until 11 pm" ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes ~ aye MOTION CARRIED 5-0 01.031 F. Resolution No. R-01-05 - Fiscal Year 2001 Budget Amendment (Finance Director Transmittal 1/18/0~, R-01-05, 16t Quarter Budflet Review Memo, Project Status Reports b~/ Fund, Investment Summary as of 12/31/01) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDAADOPTiNG AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read Resolution No. R~01-05 by title and the Finance Director briefly reviewed the amendments. Regular City Council Meeting January 24, 2001 Page Twelve MOTION by Bishop/Barczyk "1 move to approve R-01-05." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk : - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 01.032a Go First Reading of Ordinance No. O-01-03 -iSmall Scale Comprehensive Land Use Plan Amendment to IN (lndustrial) for Lot 17, Block 30~ AA Berry Subdivision -Approx. 5.14 Acres - Schedule Public Hearin(~ for 2/14/01 (Growth Mana(~ernent Director Transmittal 1/10/01, 0-01-03~ Application, Location Map, Staff Report, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN,; FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN FOR LOT 17, SECTION 30, AA BERRY SUBDIVISION CONSISTING OF 5.14 ACRES, MORE OR LESS, ~ro IN (INDUSTRIAL) FROM INS (INSTITUTIONAL); AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS :THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-03 by title. MOTION by Bishop/Majcher i "1 would move to hold the first reading and schedule a public hearing and adoption hearing for February 14, 2001." , When asked if it was proper not to hav~a recommendation from Planning and Zoning, the City Attorney advised that minutes do not accurately reflect his recommendation for a formal motion to pass it on without a recommendation. ROLL CALL: Mr, Bishop - aye Mr, Barczyk - aye Mr. Ma)chef - aye Mr. Hill - aye Mayor Barnes - aye 01.032b Ho MOTION CARRIED 5-0 First Reading of Ordinance No, O-01-04 - Rezoning to IN/Industrial) for Lot 17, Block 30, AA Berry Subdivision -Approx. 5.14 Acres - Schedu~: Public Hearing for 2/14/01 (This Matteris Quasi-Judicial) (Growth Mana(~ement Director TransmittaI' 1/10/01, 0-01-04, Application, Location MaD, Staff Report, P & Z Recommendation) ~ AN ORDINANCE OF THE CITY OF SEBASTIAN, ~LORIDA, REZONING LOT 17, BLOCK 30, AA BERRY SUBDIVISION CONTAINING 5.14 ACRES, MORE OR LESS, FROM PS (PUBLIC SERVICE) TO IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ! ]2 Regular City Council Meeting January 24,2001 Page Thi~een The City Attorney read Ordinance No. O-01-04 by title. MOTION by Bishop/Majcher "1'11 make a motion to hold first public reading and schedule an adoption public hearing for February 14, 2001." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5~0 01.033 First Reading of Ordinance No. O-01-05 - Designating City Clerk as Records Management Liaison Officer - Schedule Public Hearing for 2/14/01 (City Clerk Transmittal, 0-01-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, SECTION 2-2~ POWERSAND DUTIES OF THE CITY CLERK, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-05 by title. MOTION by Barczyk/Majcher "1 move to pass Ordinance No. O-01-05 on first reading and schedule a public hearing for 2/14/01 ," ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr, Bishop - aye Mr, Barczyk - aye MOTION CARRIED 5-0 01.034 Approve Purchase of 2001 Chevrolet Blazer Utility Vehicle for Municipal Airport from Bill Heard Chevrolet in the Amount of $25,083 - Florida State Contract (Airport Manacler Transmittal 1/11/2001, Quotes, Requisition) The Airport Director addressed City Council on the proposal. MOTION by Majcher/Barczyk "1 move to approve the purchase of a 2001 Chevrolet Blazer, mid size utility vehicle 4-door, 4x4, from Bill Heard Chevrolet for $25,083.00." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 ]3 Regular City Council Meeting January 24, 2001 Page Fourteen 01~035 K. Waive Bid Procedures and Authorize City Manager to Purchase Two John Deere 710D Backhoe Loaders from Nortrax Eauipment Company ~ U.S. Federal Government GSA Pricing in the Total Amount of $215,952.44 Contingent Upon/~cceptance and Approval of Loan Proceeds (Public Works Transmittal 1/12/01~ Quotes. GSA Contra~t) The City Manager briefly addressed the request for equipment based on approval of loan proceeds. The Public Works Director discussed the ~eed for the equipment. MOTION by Bishop/Barczyk ~ "1'11 move to waive the sealed coml~etitive bid procedure, and authorize staff to purchase two John Deere 710D backhoe loaders from Nortrax Company." 18, ROLL CALL: MOTION CARRIED 5-0 Mayor Barnes Mr. Bishop Mr. Barczyk Mr, Majcher Mr. Hill - aye - aye - aye - aye - aye Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:52 p,m. Approved at the Walter Barnes Mayor Sally A. Maio City Clerk 2000 Regular City Council Meeting. 14 City of Sebastian, Florida Subject: Contract Renewal Dickerson of Florida Inc. d~for Submittal by: Agenda No. ~/- t~¢(t~ Department Orig~.Pu~ic ,.Wf, r~)~f General Services:~,~/~ Date Submitted: 01/29/01 For Agenda of: 02/14/01 Exhibits: Original Bid Tabulation Sheet EXPENDITURE AMOUNT BUDGETED: REQUIRED: $ As Needed $ APPROPRIATION REQUIRED: SUMMARY The Public Works Department wishes to exercise the option of renewing the contract for Type S-3 Asphalt picked up by the City for road repairs, from Dickerson Florida, Inc. for an additional year. The original bid documents allow for two (1) year renewals upon mutual agreement of both parties. The current contract expired on November 3, 2000. We have contacted the contractor and he wishes to renew his contract, however, he wishes to utilize the price adjustment clause of his contract and increase his per ton price from $25.50 per ton to $27.50 per ton and the City of Sebastian is in agreement to do so as the contractor has supplied us with the proper documentation to justify the increase. RECOMMENDATION Move to approve the renewal of the contract to Dickerson Florida Inc for the purchase of Type S-3 Asphalt picked up by the City for road repair work on an as needed basis for one additional year beginning November 3, 2000 through November 3, 2001. '.OF SEBASTIAN- BID .', "" · ...~,e 5-3 AsPhalt 7- BID PROPOSAL PRICE FQRI~[ he unde~gncd h~ving beoome ~~ ~ ~ ~ of~ ~ ~ B~g ~~ Mco~t~, h~by pmpo~ to the si~atur= below, th~ Co.ar. lot agr~s tlmlifts Bfl h ~ ~ ~ o~ ~~ a~ or ~fion ~ ~y p~ ~omfion. or ~ ~b~g ~ b~ for ~c ~e p~o~ ~d ~a ~c bid ~ ~ afl ~ f~ ~d wi~out co~on or ~u& ~ aw~d s b~ ~c Con~tor a~ ~ ~t~ hto s~d a~t wi~ t~ (10) ~u~e ~ ~ aofice by ~e Ci~, ~d ~ lo ~ ~e ~ ~ ~fio~ of ~ ~ ~ ~ x~ ~ CiW of ~ f~ ~e b~ow ~p~ted pfic~ wMch ~ ~ ~ for sLx~ )) ~ fo~o~ bM ~ ~. ;PI-~LT TYPE $-a ~B~OUI~r TYPE S-3 ASPHALT CURRE~ BASE BiD AMOUNT ~,~'0 oer ton. It is ~'timated flint tim City. will aeed approximately 500 tons p~r y~r and typically would be picked up on an as basis appr~ximal~ly 6 tons 1~ day. As thee a~ ~gmams o~y th~ City shall ~ot be held respons~ly for ~ ae. am'aoy. Your ~is oall~i to thc provisions sca for~ i~ tl~ T~Imical Sp~fie, ations for pri~ adjustm~t from time' to time. The Cil~ ~ ~ right m pur&a~ Ty~ S-3 Asphalt ~ olt:~r mppli~rs wh~m tho awarded bidder is re:able to supply the C~ in a timely m~--or ~s &minicad by. il~ Cfly. .' Tit~ City of Sebastian, Florida Subject: Resolution No. R-01-02 Vacation of Easement - Kozo Lots 9 & 10, Block 224, Sebastian Highlands Unit 8 /~ppro~d for Sub~i/tta~×' Exhibits: 1) R-01-02 2) Application EXPENDITURE REQUIRED: None Agenda No. Department Origin: Date Submitted: For Agenda of: 3) Site Map AMOUNT BUDGETED: None Growth Manag.ern, ent ~P/~TH) 02-06-01 02-14-01 4) Staff Report 5) Utility Letters APPROPRIATION REQUIRED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements located on the southwest six (6) feet of Lot 9 and the northeast six (6) feet of Lot 10, Block 224, Sebastian Highlands Unit 8, less the southeast ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. Adopt Resolution No. R-01-02 RECOMMENDED ACTION RESOLUTION NO. R-01-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER .LOTS 9 AND 10, BLOCK 224, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought, for construction of a new single-family residence at 550 Dominican Terrace within the City Of Sebastian; and WHEREAS, the owner of the land upon wh!ch said improvements shall be built has filed a request for abandonment of the public utility and drainage easements along the interior lot lines 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 drainag~ easement described as follows: The southwestern most six (6) feet of Lot 9 ~d the northeastern most six (6) feet of Lot 10, less the southeastern most ten (10) feet thereof, all being in Block 224, Sebastian Highlands Unit 8, as recorded in Plat Book 6, Pages 9-14, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian Riverl County, Florida. Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. This records of Indian River County, Florida. Section 4. EFFECTIVE DATE. upon its adoption. The foregoing Resolution was All resolutions or parts of resolutions in conflict resolution shall be recorded in the public This resolution shall take effect immediately moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Maj cher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this ,2001. CITY OF SEBASTIAN, FLORIDA day of ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, Ci~f. SAttorney ~0¢'10'37." E 6~5.72' P, LOT NOT ~HIN OF PRO~D ( 50' RIGHT OF WAY] DOMINCAN TERRACE ASPHALT PAV~MENI' (H .lO'lO'J2' E 15g.g2' M. I N 38070'37"` E ]60.00' :._ PROPOSED DRIVET/AY 22,]' C~,L, ,~ ~ ------ ,o'P.U. ~ D,E, = ~ROPOSED LOT g ~; BLOCK 234 PROPOSED r v.~c,~,vtl LOT I LOT 2 BLOCK 224 BLOCK 224 NOT~ 75' ~tL AN~ ~PT~ ~LL AND LEGAL DESCRIPTION: LOTS ~ AND 10, BLOCK ~4, SEBASTIAN HIGHLANDS UNIT ACCORDING TO THE PLAT THEREOF, AS RECORDEDIN PLAT BOOK 6, PAGES g THRU 14 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNt, ~LORIDA. SURVEYOR'S NOTES: I. BEARING$ 5HORN ARE BASED ON THE CENTERLINE OF DO~INCAN TER~CE AS N 38~I0'~7' E PER RECORD PLAT, ~, NO INSTRUMENT OF RECORD REFLECTING EASEMENt. RIGHTS OF ~A Y AND~R O~NER~HIP WERE FURNISHED TO THI~ ~URVEYOR EXCEPT ~ $HO~N. NO TITLE OPINION I$ EXPRESSED OR IMPLIED, CENTER LOT LINE EASEMENT VACATED BY ~. THIS SURVEY I~ NOT IN~NDED TO LOCATE EXISTING UNDERGROUND FOUNDATION~, ENCROACH~[~$ OR ANY IMPROVEMENTS EXCEPT AS 4. THE LOT SHO~N HE~EON IS LOCATED IN FLOOD ZONE ~X" PER FLOOD INSURANCE ~TE MAR 12061C~0 E, DATED MAY4, lgBg. $. ELEVATIONS BASED ON A~SUMED DATUm, ELEVATION ~0.~ ASSUMED ON THE CENTERLINE OF DOMINCAN TERRACE. ABBREVIA TION~: P-PLAT M~MEASURED ~RIGHT OF ~A Y A~-AIR CONDITION [ -CENTERLINE COV.~COVERED O.U.L.-OVERHEAD UTILITY LINES ONC.-CONCRETE PU~DE-PUBLIC UTILITY~,r~J~NAGE EASEMENT PLS~PROFESriIONAL LAND SURVEYOR .,~ · ~ L R-LAND SURVEYING BUS'NES$ /F~ J ' REVISED PLOT PLAN 12-13-2~ [ SCALE I'=30' BELL ~ ~OX UTII_ITY -~ / POLE ~ 10' P.U, ~ D.E. S 38°70'3)"' ~ 760.00'~ .... i~- LOT ] BLOCK ~ LOT BLOCK 224 NOT~: %!~LL AND ~E~ SYSTEM NOt ~H~N BOUNDARY SURVEY CERTIFIED TO: MR. 6- MRS. KOZO MGB CONSTRUCTION, INC. LEGEND: , 0 - SET 5/~' IRON REBAR '~'ITH ~LASTIC CAP STAMPED 'PLS 4Bg6' ~ - FOUND 1/2' IRON REBAR IX/I~H PLATIC CAP STAMPED 'CARTER A$$0C,' ~). 4' x 4' CONCRETE MONUMENT O- FOUND 1 · IRON PIPE @. F. OUND NAIL 6- 1-114' DISK PREPARED BY: CECRLE LAND SURVEYING, INC. I FLORIDA LAND SURVEYING BUISNESS #6637 10749 HIGH~A Y U. S,1, SUITE A, SEBASTIAN FLORIDA 32958 PHONE (407) .~88-052'fl CERTIFIED CORRECT TO THF 8ES~ OF MY KI~fO~LEDGE AND BELIEF IN CONFORMITY ~ITH TltE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORE, PUI~UANT TO SECTION 472.027 OF THE FLORIDA STATUES AND 2 IHH.fi AND CHAPTER 61Gl 7 FLORIDA ADMINISTRATIVE CODE. THIS SURVEY I$ PREPARED AND CERTIFIED FOR THE EXCLUSIVE U~E OF THE CLIENT OR CLIENTS NAMED HEREON, THIS SURVEY IS NOT VALID ~ITHOUT THE EMBOSSED SURVEYOR'S SEAL OF THOMAS RANDALL CECRLE. P. Li5, 4896 LOT B BLOCK 224 ( VACANT ) Permit Application No. City of Sebastian Development Order Application Apj01icant ~.f n~ owne~'-,-wfftte.n author~,~ztt.on~etadzed) f~'om owner is required1 E-Mail: Owner (ff dtffererrt from appli _c.~nt} _ Name: ,,Z) ~ 'D p. e ~ ~ 0 2. C, t (&/~O ' FAX Numt~er, ( Phone Numbe~, ) ,._?G-o - ~<~ / ~' ,,, ~-Mall: Pt.EASH CQMPLE"I'~. ONLY THO,.flE SECT1ON~ WHICH ARE NHCE,~JaARY FOR THE PERMIT OR A¢~QN THAT YOU ARE REQUESTING. COPIES OF AkL MAPS, 8URV?fS, DRAWINGS, ET'C, ~HALL BE ATTACHED AND 81/~' I~Y 11" C~PlEE OF' ANY A'i'I'ACNMENT$ SHALL BE INCZ. UDEO. ATTACH THE APPRC~PRLAT~. SUPPLF, METAL INFORMATION FORM. LA. Praje~'-~s Name (if applioable): Lot: Indian River County Pa~l Zoning ClasslflcatJon: use: -C. Des&dp~i~ of proposed activity and purposa cd'the mque.~md perr~i'c or action (attach extra sheets i¢ DATE RECEIVED: .Lt&3/oL FEE PAID: $. fO0. ~ RECEIVE _ - Agent: Name: Phone Numi:e~. E. Mail: Attorney: Name: t~'~one Num~en ( ) --- FAX Numi~a~'( E-Maih Engineer. Name: Phone E-Mall: Name: Phone E-Mail: ~(~~i~ ........ i-~_~i ( ~.. ~ ~.~ _~_~ ~ SUSAN M. TURNER ~ermi~ Appli~tion N~. The following is requlr~d for all compr~hmlske plan amendme.ts, zoning amendmen~ ~ncludtng rezaning), si~ pla~, cond~tonal .~e pe~i~t special .~e pe~i~, Ya~anoes, .x~eptlons~ and appeals. 8U~E~T ~F ~1~ APP~A~ON, N~R~Y AU~OR~ ~N AND ~Y ~R O~ ~E _ AN~ VI~ ~ F~QP~R~ IN CONNE¢~QN WI~ ~/QU~ PENQIN~ AP~U~N. HEREBY WAIV~ ANY OBJE(3'I3ON OR D~"~NSE t~E ~Y HA~, DUE TO ~E QU~I-JU~IC1A~ NACRE OF TNE PROCEEDINg, RE~UL~NG FR~M ANY BGAR~C~ISSlON MEM8~ ENTERING OR ~ING ~E PROF~, INCLUDING ANY C~N~N OR THE UNITSD ~A~S CONS~ON W~RE ~O~n ~Y SUCN ~ING eR Vt~ING. //. Sworn t,o and sul3scdl3ea ~efo~ me ~y ,,, ~ ~ . ~ . w~o is pemonally kna~ to me er p~ucad as iden~a~on, ~ls ~ ~ Nota~'s Signature P~ntad Name of Neta~ Commi~ion N~.~pl~on IF~n'n A,opmve~..: O,W27FJ'T } - p:a$e3m~3 J Rev~l~n: ~-Oeve/=~mem Supplemental Information Easements, vacation of Desc,dbe the easement to be vacated (prOvide a legal des~ptien, if possible): ' Why is this vacation of an easement being!request? 3. A~tach a survey shewing ~he leca~Jon of the struc~ms on the property. :rupert7 lin~, all easements and all ABANDONMENT OF EASEMENT Staff Report Project Name: Residence for Andrew Kozo Requested Action: Abandonment of the public utility and drainage easement located on the southwest six (6) feet of Lot 9 and the northeast six (6) feet of Lot 10, Block 224, Sebastian Highlands Unit 8, less the southeast ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 550 Dominican Terrace Lots 9 & 10, Block 224, Sebastian Highlands Unit 8 Andrew Kozo 4 Millstone Road New Millford, CT 06776 MGB Construction Inc. 945-C Fellsmere Road, Sebastian, FL 32958 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the public utility and drainage easement located on the southwest six (6) feet of Lot 9 and the northeast six (6) feet of Lot 10, Block 224, Sebastian Highlands Unit 8, less the southeast ten (10) feet thereof. The client wishes to construct a single family dwelling on a double lot. b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Vacant Utilities Comments: a. Florida Power & Light: b. BellSouth: c. Charter Communications: d. Indian River County Utilities: e. City Engineer (drainage): Growth Management Director Comments: Staff Recommendation: Approve Resolu Prepared by approved approved approved approved aPproved none Iion R-01-02 Date ~/6~/c~l City of Sebasti~ thc soutbwcs~ six (6) feet ~f Lot 9 ~ ~ no~he~t six (6) ~eet of Lot I0, Block 224, UTILITY; P,~dro Rubier~ FPL NO-, ($6I) ~r,~,~,ow:~:/- ~- o \ ~D: , APPROV'~D/'DEN~D BY: ~__~.~ ,.. ! DATE: COMMENTS: to; Dorri Bosworth, City of Sab~tlm~, G-row'fl'~ Mmmgm'nent D=pertm~nt ~ax No. (5/51) 5//9-2566. BELLSOUTH BellSouth Telecommunications, Inc. 3300 Okeechobee Road Room 213 Fort Pierce, FL 34947-4552 January 8, 2001 Billie C. Greenlief General Manager-Network Operations Indian River Division 561 468-9970 Fax 561 466-4705 George Bonacci City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Release of Easement for double lots Dear Mr. Bonacci: Per your request dated December 15, 2000, BellSouth has no objections to the abandonment of the utility easement as described herein: The release of the utility and drainage easement between Lots 9 and 10, Block 224, in Sebastian Highlands Unit 8. We have no facilities within this portion of the said utility easement. For further assistance, please contact Kirk Walker at 561-468-5538. Yours truly, Billie C. Greedier General Manager P. EOUEST FOR ABANDON1VIENT OF EASEM][gN~. January 23,2001 Description of_Easement to be abandoned: The public tnility ~nd dm/n~ =~=mm~ located on thc souuhwe~t six (f) feet cf Lot 9 and the north~ six (~;) feet of Lot 10, Block 224, Scba-~ti~u Highlands Unit 8, tess the southeast ten (10) fe~t thereof. UTILITY: ~harter Communications APPROVBD: ~ APPROVBD/DBNIBD BY: FAXNO: DATE: CONflW. BNTS: Return to: Don'/Basworth, City of Sebastlan, Growth Managmnent D~artm~nt Fax No. (561) 589-2555. city of 1225 1VbqN STRBET ~ SEBA$~, FLORIDA 329~8 TELEPHONE (561) 589-5fi37 S ~ ~ (561) 589-2566 23, 2001 J~scripti-n of ]~asement to I~ ~ibandoned: The l the southw,~t six (6) feet of Lot 9 ~md the Seb~.stian }.Iighlands Unit 8, tess the southea iublic utility and drain~e easern~t located on northe~t six (6) f~et of Lot 10, Block 224, ~t t~ (10) feet thereof. APPROVED: ~'~ COMMENTS: UTILITY: Steve Doyle, LR.C. Utilities IlrAX NO: 770-5143 DATE: l_~5: / L~O t .i .; ], R. emm to: Dorrt ao~vo~fl% City of Sebastian, C~Ow~ Management Department Fax No. (561) 589-2566. City of Seba.~tian 1225 MAIN STREET [] SEBASTIAN, FLOR.IDA 32958 TELEPHONE (561) 589-5537 (2 FAX (561) 589-2566 Rit, QUEST FOR ABANDONIVIENT OF EASEMENT J~uary 23, 2001 Descrivtion of Easement to be abandoned: The px~blie utility and drainage easement located on the southwest six (6) teat of Lot 9 and the northeast six (6) feet of Lot I0, Block 224, Sebastian Highlands Unit 8, less the southeast ten (10) Feet theret.~f', UTILITY: Ralph Brescia, City Engineer FAX NO: 589-6209 APPROVED:4,~' DENIED: DATE:/- ,,~ ~-/] ]. (signature) COMMENTS: Kcrum to: Dorri Bosworth, City of Sebastian, Growth Management Department ,_/...~,xx No. (561) 589-2566. .. City of Sebastian, Florida Subject: Resolution No. R-01-03 Vacation of Easement - Calvert Lot 6, Block J, Collier Creek Estates, Phase III Exhibits: 1) R-01-03 EXPENDITURE REQUIRED: None Agenda No. ~/"' 0~y Depanrnent Origin: Growth Management (TH) Date Submitted: 02-06-01 /~[ ~'~ For Agenda of: 02-14-01 2) Site Map 3) Application 4) Staff Report 5) Utility Letters AMOUNT BUDGETED: APPROPRIATION None REQUIRED: None SUMMARY This is a request for a vacation of the north fifteen (15) feet of the south sixty-five (65) foot drainage easement located on Lot 6, Block J, Collier Creek Estates Subdivision, Phase III.. The applicant wishes to construct a swimming pool and screen enclosure to the rear of their residence. RECOMMENDED ACTION Adopt Resolution No. R-01-03 RESOLUTION NO. R-01-03 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING Al CERTAIN PORTION OF AN EASEMENT ON LOT 6, BLOCK J, COLLIER CREEK ESTATES SUBDIVISION, PHASE III; PROViDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a swimming pool & screen enclosure at 804 Holden Court within the City of Sebastian; and WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of a portion of the drainage easement along the rear lot line of the site; and ~ WHEREAS, the provider of drainage utility has consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVEII 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 anti discontinue said portion of land previously dedicated for a drainage easement described as follo~vs: The north fifteen (15) feet of the south sixty-fiVe (65) foot drainage easement located on Lot 6, Block J, Collier Creek Estates Subdivision, Phase III, as recorded in Plat Book 6, Pages 10-14, of the Public Records of Indian River County, Florida, 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. records of Indian River County, Florida. Section 4. upon its adoption. The foregoing This EFFECTIVE DATE. resolution shall be recorded in the public This resolution shall take effect immediately Resolution was moved for adoption The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this ,2001. by Councilmember day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: . L~T ~, "~O~K ~ VACANT '~ Permit Application No. City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Phone NumbeF. ( ) - F~, Numben ( ) E-Mail: Owner (If different from applicant) Name' '~¢-~ Address: O~'.O,~ Ld,'~tcc.,.-- ~ ~¢~¢,,-~e'e¢-- C__~.I ve¢'~- Phone Numbe~. ( ) FAX Number:. ( ) - E-Mail: IType of per. it. or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2" BY 11' COPIES OF ANY AWACHMENTS sHA,, ,E ,N¢,UDE=. Art^CH TH~ APP~OP~,ArE SUPP,EMETAL ,N~OR~Ar,ON ~O~M. IA. Project's Name (if applicable): B. Site Information Address: ~r 0 H ~ \ Ct- e Lot: ~ Block: ~-~ Unit: Indian-River County Pardi ~ Zoning Classification: Subdivision~"~////~ e (- Future Land Use: Existing Use: Proposed Use: C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if n.~--~.~): /<5 ~,,~ ,O ~ ,0~- ~' '/~ .:~r / ~ ~ :' -5- "~':-¢; ~-' ~_'~ ~- IForm CD.200'1 A~proved: 08/27/97 Revision: FEE PAID: $ ./'~20. d~- RECEIVED BY: Page f of 3 I Development Application ~ File Name: Doa Permit Application No. D. Project Personnel: Agent: .._TO I~ ~ ~ ~'.~_~, Name: ¢), O- /~)z '7o¢O ¢'~ ~-- Address ~8. b~-,'¢,/~, F~ ~2. ~:~ Phone Number:. ( ) FAX Number:. ( E-Mail: Attorney: Name: Address Phone Numben( ) FAX N~mben ( ) E-Mail: Engineer: Name: Address Phone Numben ( ) - FAX N~mben ( ) E-Mail: Surveyor: Name: Address Phone Numben( ) - .FAX Nu~nben. ( E-Mail: I, .__-:O ,,~ ~-"~ '~ , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT*, I AM THE OWNER J AM THE LEGAL REPRESEN-q~ATIYE OF THE OWNER OF THE PROPERTY ~E$CRIBED WHICH IS THE SUBJECT MA'i-FER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/©R SKETCHES PROVIDED IN THIS. APPLICATION ARE "~,I4~'NATURE~ ~ " / ~ATE / ' ! ! WHO IS PE.~SONgLLY KNOWI~¢) ME OR PS~DUCED _ ~' . AS ~D~N'nFmAT]ON, TH~s [~l DAY OF k.~ , ~I-_~¢O / ~ ~~00~ ~ Pa~e 2 ~f 3 Devel~pm~ Applica~on [ A~pmv~: 0g~7/97 ~ Revision: ~le Name: D~ Permit Application No. The following is required for all comprehensive plan amendments, zoning amendment (iricluding rezoning), site plans, conditional use permit~, special use permits, variances, exceptions, and appeals. I/VVE ......... THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUI~JECT OF THIS APPUCATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE F~OARD/COMMISSIC)N OF THE CFFY OF SEBASTIAN (THE "BOARD"/'COMMISSlON") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WitH MY/OUR PENDING APPLICATION. Ii'NE HERESY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY E~OARD/COMMISSlON MEMI~ER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE LJNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS W~AJVER AND COjNSENT IS.SF..JN~'SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR who is p~nally know. to me~r p~duc~ . ~ as idedfifi~tion, this [~ day of ~~%~ ~ f Printed Name of Nota~ ~ ~~D ~ ~ ~~C~ /~ Commission No./~piration Seal: J~ EXPIRES: October 26, 2002 lForm C~-200~ Approved: 08/27/97 [ Pac./e 3 of 3 J Revision: Development ApplicaEon File Name: Doa Parmi~ Application Nc. Supplemental Information Easements, vacation of Describe the easement to be vacated (provide a legal description, if possible): Why is this vacation of an easement bein~ request7 3. Attach a survey showing the location of the property lines, all easements and all structures on the property, Form CD-2009 I Page l of'l. Approved: 8/27/97 I Revision: Yacat./on of Easemen~ File Name: Sieasev ABANDONMENT OF EASEMENT Staff Report Project Name: Swimming Pool for William & Jennifer Calvert Requested Action: Abandonment of the north fifteen (15) feet of the south sixty-five (65) foot drainage easement located on Lot 6, Block J, Collier Creek Estates Subdivision, Phase III. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 804 Holden Court Lot 6, Block J, Collier Creek Estates Subdivision, Phase III Adams & Associates Developers, Inc. P.O. Box 780147 Sebastian, Florida 32978 John King P.O. Box 780942 Sebastian, FL 32978 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the north fifteen (15) feet of the south sixty-five (65) foot drainage easement located on Lot 6, Block J, Collier Creek Estates Subdivision, Phase III. The client wishes to construct a swimming pool and screen enclosure to the rear of their residence. b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Vacant 7. Utilities Comments: (Easement is for drainage only vs. public utilities) a. Florida Power & Light: N/A Southern Bell: Charter Communications: Indian River County Utilities: q/A q/A Prepared by e. City Engineer (drainage): ~pproved Growth Management Director Comments: I none Staff Recommendation: Approve Resok lion R-01-03 Date biO. P. City of Sebastian 1225 MAIN S'I'K~ET Q SEBASTIAN, FLOKIDA 32958 TELEPHONE (56I) 589-5537 [] FAX (561) 589-2566 .r~QUI~$T FOKABA~rI)~ .ONM~NT OF EASElV[ENT_ Januarf 23, 2001 Deseri~tlon of Easement t_o_b~e_~bandoned: Thc norfl~ fii~n (15) f~ of ttzc sou~ sixty-five (65) foot d.~inage easement locatad on Lot 6, Block J, Collier Creek Estates Subdivision, Pha~e III. UTILITY: Raljlh Brescia, City Engineer FAX NO: 589-6209 A?PROVED: +,/ ~DEF-~/D: DATE:_JZ~ q- ~ / APPROVED/DENIED BY: ~).. Return to: Dorri Bosworth, City of Sebastian, Growth Managemen~ Department Fax No. (561) 589-2566, ,,City of Sebastian, Florida O~{IC~ O~~ TH~ CY[~ ATTORN~~ AGENDA TRANSMITTAL Agenda No. /~/- 0 ~ Subject: R-01-11; ckation schedule Date Submitted: 2/7/00 For Agenda of.' 2/14/00 SUMMARY: The schedule of amounts and compliance times for code enforcement citations needs to be amended to reflect the amendments to the Land Development Code. This also provides an opportunity to restore the, Code Enforcement Board's recommended fine amount of $200 for serious offenses. RECOMMENDED ACTION: Adpot Resolution R-01-11. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGe.' ~~ EXPENDITURE REQLrIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 RESOLUTION NO. R-01-11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A REVISED SCHEDULE OF CODE ENFORCEMENT CITATION FEES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council, at its November 18, 1998 Regular Meeting, adopted Ordinance No. O-98-10, which authorized code enforcement officers, so designated by the city, to issue citations for violations of duly enacted codes of the City of Sebastian, pursuant to F.S. 162.21. WHEREAS, Section 2-194(c)(1) of the Code of Ordinances requires that City Council shall adopt, by resolution, a schedule of violations and penalties to be assessed by code enforcement officers, including standard notification time periods for specific types of violations, said time period not exceeding 30 days; and WHEREAS, the Code Enforcement Board met on March 29, 2000 to review and recommend a schedule of fees to City Council; and: WHEREAS, City Council adopted ResolutionlNo. R-00-20 on April 12, 2000, setting out a schedule of citation fees; and WHEREAS, subsequent to adoption, it was hoted that Class III fines should be $200 as recommended by the Code Enforcement Board; and WHEREAS, the schedule of fees needs to be revised to reflect new Land Development Code Section numbers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, hat: Section 1. CODE ENFORCEMENT CITATION FEES. In accordance with Section 2-194(c)(1) of the Code of Ordinances, a revised ~schedule of violations and penalties to be assessed by code enforcement officers and attache( hereto as Exhibit "A" is hereby adopted. All Resolutions or parts of {esolutions in conflict herewith are hereby Section 2. repealed. Section 3. The motion was seconded by Councilmember a vote, the vote was as follows: This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember and, upon being put into Mayor Walter Barnes Vice Mayor Ben Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward Majcher The Mayor thereupon declared the Resolution dully passed and adopted this ,2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor, Sally A. Maio, CMC City Clerk day of (SEAL) Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 2 EXHIBIT "A" TO RESOLUTION NO. R-01-11 Class I LDC 54-2-7.7.G. LDC 54-2-7.20. B. LDC 54-3-16.7 LDC 54-3-16.5.E.4. Code Sec. 6-1 Code Sec. 82-51 Code Sec. 82-33 LDC 54-3-10.3.A. LDC 54-1-2.3 LDC 54-2-7.7.A. 1 LDC 54-2-7.14.A LDC 54-2-7.13.B.4 Code Sec. 98-36 (b) Code Sec. 98-36 (c) Code Sec. 26-2 Code Sec. 66-3 (4) Code Sec. 66-3 (6) Code Sec. 66-3 (11) Screen for Dumpsters Failure to Display Building Numbers Permit for Display of Signs Political Signs Posting Signs to Poles, Advertising Vehicles for Sale on Public Property Garage Sale Permit Required One Garage Sale Sign No More Than Four Ft, Sq. Permitted on Property of Sale Only and Must Be Removed at End of Each Day No Structure or Planting !on City Right-of-Way Permit for Structure..An~thing Erected or Constructed Which Will Have a Permanent Location on t~he Ground Shall Require a Permit Permit for Walls and Fences Required Large Trucks, Heavy EqUipment, Semis are Prohibited from Being Parked in a Residential Area Mobile Homes, Trailers, ~Campers, Boats and Any Recreational Vehicles Must Be Parked Behind Front House Line No Vehicle Displaying "F~r Sale" Sign May Be Parked on Any Right-Of- Way No Truck, Van or Road Tractor Over 23 Feet in Length And/Or Nine Feet in Height May Be Parked in Right-Of-Way Blockage of Swale; Obstiuction of Natural Flow of Water Prohibited All Unnecessary Noises, !including Animal Noises Carcasses orI Fowl Not Disposed Of Within Reasonable Time of Animals After Death / Growth of Weeds, Gras~, Undergrowth or Other Vegetation on Improved Real Property, to a Height of Ten Inches or More Class II Code Sec. 30-29 LDC 54-2-7.2 Code Sec. 66-3 (1) Code Sec. 66-3 (2) Code Sec. 66-3 (5) Code Sec. 66-3 (9) Code Sec. 66-3 (10) LDC 54-2-5.2.3.D.7. LDC 54-3-14.1.C.2. Code Sec. 86-1 Code Sec. 86-27 Code Sec. 86-28 Code Sec. 86-47 Code Sec. 86-48 Operating Business Without a License Any Unpermitted Uses Not Covered In Land Development Code Accumulations of Trash, Litter, Debris, Garbage Any Conditions Which Provide Harborage for Rats, Mice, Snakes, Etc. All Disagreeable/Obnoxious Odors Accumulation of Stagnant Water...Ex: Kiddie Pools, Tires Dense Smoke, Gas, Soot in Unreasonable Quantities Every Single Family Unit Shall Be Required to Provide a Garage or a Carport Tree Removal Permits Required For All Protected, Specimen and Historical Trees Littering Unlawful Dumping Unlawful Burning of Garbage, Trash, Etc. Depositing, Keeping Junk on Any Lot or Space Depositing Junk Without Knowledge or Consent of Property Owner 4 Class III F.S. 823.07-823.09 Code Sec. 26-138 Code Sec. 66-3 (3) Code Sec. 66-3 (7) Code Sec. 66-3 (8) Discarded White Goods - Remove Doors Pool Enclosures-Any Ot3er Large Hole in the Ground Must Be Enclosed Any Building or Other Structure Which is in Dilapidated Condition, Unfit for Human Habitation ' Pollution of Any Public Well, Stream, Lake, Canal or Body of Water By Sewage Any Building or Structure Where Any Activity is in Violation of Local, State, or Federal Law is Conducted, Performed or Maintained SCHEDULE OF CITATION FINES CLASS I ........................................................ CLASS II ....................................................... CLASS III ...................................................... 25.00 - 1st Offense, Doubled for Subsequent Violations 50,00 -' ........... 200.00 -' .......... CITATION SCHEDULE OF COMPLIANCE TIME CLASS i - Up to 30 Days at Officer's Discretion CLASS II - Up to 15 Days at Officer's Discretion CLASS III - Up to 48 Hours at Officer's Discretion HOME OF PELICAN iSLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: R-01-12 - Board Appointment Procedures - Add Language Re: Filling Alternate Positions Exhibits: 12/20/00 Minutes Excerpt, R-01-12 Department Origin{~ Citv Clerk Date Submitted: 2/8/01 For Agenda of: 2/14/01 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT City Council, at its December 20, 2000 Regular Meeting, discussed establishing a policy whereby if there are a sufficient number of applicants for a regular board member position, and Council fills the position with one of the board alternates, Council can, at that same meeting, fill the now vacated alternate position with one of the other applicants. Since there is a board procedures resolution in place, I decided to add that language and bring back a revised resolution. Revised language is set out legislatively. RECOMMENDED ACTION Move to adopt Resolution No. R-01-12. Regular City Council Meeting December 20, 2000 Page Five 13. 14. PUBLIC HEARING - None : INTRODUCTION OF NEW BUSINESS FROM T~E PUBLIC Item that has occurred or wes discovered within the previous six months which is not otherwise on the agenda - sign-up required, limit of ten minutes for each speaker Sal Neglia commended all involved in the 75th Anniversary celebration and wished everyone a happy holiday. TAPE I - SIDE II (7:47 p.m,) The City Manager reported that vendors had expressed an interest in coming back next year and said there was discussion of this being an annual event. 15. 00. o07 ~" Tut Connelly agreed that this celebration should be an annual event. COMMITTEE REPORTS/RECOMMEN DATION~ Plannina and Zonin(~ Commission ' 1. Appointment of Regular Membe~ Unexpired Term to Expire 6/2001 (City Clerk Transmittal 12/13/00, Four Applications, Member List, Ad) City Council interviewed Jean Carbano, Greg Conover and Gene Rauth. Mr. Verge had contacted the City Clerk's office to state he was interested in the position but was unable attend. MOTION by Barnes/Hill "1 make a motion to appoint Mrs. the regular member position." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 00,105 Motion was then made to appoint Mr. Radth to Mrs. Carbano's alternate position, however, following discussion, motion was withdrawn; and, itiwas decided to bring back the alternate appointment to the January 10, 2001 agenda and implement a new policy whereby advertisements reflect that Council reserves the right to fill vacant alternate positions at the same meeting if there are sufficient applications and f they have moved an attemate up to a regular position. Tree Advisory Board ~ 1. Appointment of One Alternate Member Term to Two Year Term to Expire 11/2002 (City Clerk Transmittal 12/13/00, Three Applications, Member List, Ad) City Council interviewed Bevery Bell. Mrs, Ackerman had contacted the City Clerk's office to state she was interested in the position but could not attend. Julianne Barrett was not in attendance. RESOLUTION NO. R-01-12 A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FOR UNIFORM APPLICATION; PROVIDING FOR RESIGNATION AND REAPPOINTMENT; ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Home Rule Charter of the City of Sebastian and the Code of Ordinances enacted pursuant to its authority allow the creation of appointive boards to assist and advise the City Council in the performance of its duties; and WHEREAS, the City Council desires to establish procedures for appointment to such advisory boards; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. DUTIES OF THE CITY CLERK. a. The City Clerk shall keep and maintain a list of the names, addresses, and telephone numbers of all members of appointive boards, commissions, and committees; their date of appointment, reappointment, and term expiration. b. The City Clerk shall timely inform the City Council and City Manager of any changes made to the composition of any appointive board, commission or committee. c. The City Clerk shall provide each new appointee with a copy of the publication entitled "Florida Commission on Ethics Guide for Political Officers and Employees", pertinent excerpts of the City Board Handbook and related financial disclosure forms. d. Two months prior to the expiration of the term of any member of an appointive board, commission, or committee, or in the event of any vacancy on any such appointive board, commission or committee, the secretary or clerk to any such appointive board, commission, or committee shall notify the City Clerk of such opening to enable the City Clerk to advertise the position in accordance with Section 2-169 of the Code of Ordinances. The advertisement shall be a press release and shall include a deadline date for submittal of applications for such advertised opening to enable the City Clerk time for preparation of the agenda transmittal. All applications on file for membership on such board, commission or committee which ~---~ were submitted within the six month period prior to the advertisement deadline date for such opening will be submitted to the City Council for consideration, even if the incumbent member intends to seek reappointment. e. Pursuant to Section 2-168 of the Code, ihe City Clerk shall prepare and maintain a list of volunteers comprising those persons who have indicated an intention and willingness to serve as members of city boards and committees if appointed by the City Council for such purpose and who have filed an application with the City Clerk. Any preference of the volunteers to serve on a particular board or committee shall be so stated. The application shall be kept on file by the City Clerk for six (6) months, unless renewed by the applicant for an additional six (6) month period. The list shall be kept current and available to the members of the City Council, as requested. Twice a year advertisements shall be published in a newspaper of general circulation setting forth a list of all city boards and committees, special qualification necessary for membership and the city telephone number to call for adc itional information. Section 2. APPLICATION. The City Clerk shall provide a uniform application which shall be completed by each individual seeking appointment to a board, commission or committee. b. Each applicant shall file a complete application with the City Clerk which is signed and dated by the applicant. Each applicant shall attest to the truthfulness of the information on the application. / Section 3. RESIGNATION. Any member ofa~n appointive board, commission or committee who does not intend to seek reappointment shall notify the City Clerk and the chairperson of such board, commission or committee at least two (2) months in advance of the expiration date of his or her term of office. Section 4. VACANCIES AND REAPPOINTMENTS. a. Each member of an appointive board, corhmission or committee who seeks reappointment shall notify, in writing, the City Clerk and the respective chairperson of the board, commission or committee, of the intention of such member to seek reappointment at least two (2) months in advance of the term expiration date. He/she must submit a new application oi renew the application on file if it is more than six months old. I b. In the event that the City Council fails to !reappoint a member for any reason prior to the expiration of the member's term, the member shall continue to serve until reappointment is ratified or a new appointment is confirmed. SectiQn $. SOLICITATION FOR APPLICAN~TS. The City Clerk shall, by press release in a newspaper of general circulation in the City of Sebastian, notice open positions at the request of board secretaries. I The City Clerk shall notify persons on the list of volunteers who have indicated a preference to serve on the board which is subject of the solicitation of the open position to ascertain their continued interest in serving. Included in press releases for regular member positions shall be lan~3uacm indicating City Council's intent to reserve the right to immediately fill a vacancy in an alternate member position in the event an alternate is moved into the reaular member position, if there are other eligible applicants for the reaular position. Section 6. SELECTION OF CHAIRPERSONS AND VICE CHAIRPERSONS. Whenever possible, the individual selected as the chairperson and vice chairperson of an appointive board, commission or committee, shall have served two (2) years as a regular member of such appointive board, commission or committee, and shall have attended at least ninety percent (90%) of the meetings of such appointive board, commission or committee, which such member was not otherwise excused from attending by the individual serving as the chairperson of such appointive board, commission or committee at such meeting or meetings. Section 7. EXCUSED ABSENCES. In accordance with Section 2-173 of the Code, a board or committee member shall be automatically removed if, in a given fiscal year, he or she is absent for three consecutive meetings without an acceptable excuse. A member's excuse shall be conveyed to the secretary of the board or committee prior to the meeting to which the request for an excuse has been submitted. The member's request for an excused absence shall be considered at the beginning of the meeting for which the excuse has been requested. Section 8. if any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be eliminated and shall in no way affect the validity of the other provisions of this Resolution. Section 9. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 10. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben Bishop Councilmember Joe Barczyk Councilmember James Hill Ccuncilmember Edward Majcher The Mayor thereupon declared the Resolution dully passed and adopted this ATTEST: ,2001. day of CITY Of SEBASTIAN, FLORIDA By: Walter Barnes Mayor Sally A. Maio, CMC City Clerk (SEAL) Approved as to Form and Content: Rich Stringer City Attorney 4 City of Sebastian, Florida Subject: Resolution No. R-01-14 Vacation of Easement - Dominguez Lots 28 & 29, Block 186, Sebastian Highlands Unit 8 Exhibits: 1) R-01-14 2) Site Map EXPENDITURE REQUIRED: None Agenda No. f/. Off/ Department Origin: Growth Mana~ge];n~ent Date Submitted: 02-07-01 "~/-b'['~ff (TH) For Agenda of: 02-14-01 3) Application 4) Staff Report 5) Utility Letters AMOUNT BUDGETED: APPROPRIATION None REQUIRED: None SUM_MARY This is a request for a vacation of the side public utility and drainage easements located on the southwest six (6) feet of Lot 28 and the northeast six (6) feet of Lot 29, Block 186, Sebastian Highlands Unit 8, less the northwest ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. Adopt Resolution No. R-01-14. RECOMMENDED ACTION RESOLUTION NO. R-01-14 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 28 AND 29, BLOCK 186, SEBASTIAN I'I~GHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDiNG; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a new single-family residence at 922 Clearmont Street within the City of Sebastian; and WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of the public utility and drainage easements along the interior lot lines 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: i The southwestern most six (6) feet of Lot 28 and the northeastern most six (6) feet of Lot 29, less the northwestem most ten (10) feet thereof, all being in Block 186, SebaStian Highlands Unit 8, as recorded ia Plat Book 6, Pages 10-14, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian Rivei County, Florida. Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. upon its adoption. The foregoing EFFECTIVE DATE. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public This resolution shall take effect immediately Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this CITY OF SEBASTIAN, FLORIDA ,2001. day of ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for relianc_.~.,e by the City of Sebastian only: Rich Stringer, City_~ttorney .i FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 4?2,027, FLORIDA STATUTES. ~. TI-US SURVEY IS F(~R THE ~ D~Kq[IrlT OF THE PARTIES N/~MED HEREON AND FOR THE SPECIFIC PURPOSE NOTED, AND SHOULD NOT ~E RELIED UPON BY ANY OTHER ENTITY. AND I$ NOT TRANSFERABLE UNDER AN~ CIRCUMSTANCES. 3, ?HJ&'SU~VEY I~ HOT VP. LID WITHOUT THE EMBOSSED SEAL 0F THE SURVEYOR.AND REPRODUCTION OF THI: 'DRAWlNO WlTffO4JT WRITTEN PERMJSION OF THE SURVEYOR ,IS HEREBY PORBIDDFN. 4. NO OPINION OF TITLE OR OWNERSHIP IS HEREBY EXPRESSE~ OR IMPLIED BY THE SURVEYOR, B THIS SURVEY WAS PREPARED FROM INFORMATION FURNIBHE~D TO THE SURVEYOR BY THE CLIENT, AND MAY SUBJECT TO EASEMENTS OR LIMITATIONS ETHER RECORDED OR MPL ED, S. BEARINGS ARE BASED O~ AB.(iUMED DATUM AND ON THE LINE SHOWN AS BEING THE BASIS OF BEARINGS. 7. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN, S, ELEVATIONS, IF SHOWN, ARE BASED ON THE NATIONAL GEODETIC VERTIC AL DATUM OF 19Z9, UNLI[S:50THEI NOTED. ; 1 103 W. HIBISCUS SUITE wEsT MELBOURNE, FLORIDA 324 '1'3~- 1 ) 768-S1 BOUNDARY SURVEY PREPARED FOR: TOZZOLO BROTHERS CONSTRUCTION COMPANY, INC. MARIA C, DOMINGUF_.Z TRUST USA MORTGAGE CORP. PROFESSIONAL TITLE OF INDIAN RIVER ALLIANCE TITLE OF AMERICA, iNC. DESCRIPTION: LOTS 28 & 29, BLOCK 1ll6, SEBASTIAN HIGHLANDS UNIT S, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGES 10-14, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. --AAL ~..lIED SL/RI/EY/iVG ts t.~TF..D WITHal FLOOD ZOI4E ~, L THiS SU/~VEY AND DRAWING HAVE BEEN PREPARED TO CONFORM WITH APPLICABLE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61GI~ Permit Application No, City of Sebastian Development Order Application IAp_plicant'~lf not owner, wfftten authodz~tfon.Jnotarfzed) from owne~ is r~quired) ' Address: Phone Numbec (-3c5 )'~ - ~o ~ F~ N~mbe: ( -- ) -- E-Mail: Owner (If ~ifferen_t fram a~glicant) ' . _ ' Name: ,~ ~, ~' Z-7 .~ ,'Z. ~- Addc'e~s: -- - '" Phone Numbe~. ( ) ' FAX Number. ( ) :Fype of per,hit or action requested: ' - - '" ;OPtES OF A~ MAPS. 8URV~8, D~WINGS, ~G. SHALL BE A~ACHED AND 81/2" ~Y J 1" COPIES OF ANY A~ACHMENTS ~HALL ~E iNCLUDED. A~ACH THE APPROPRIATE ~UPPLEMETAg INFORMATION FORM. ~' Projem's Name' (if applicfihle): ..... Site Informhtion _ _ . _ - - ~dian River County Parcel ~ :~ning ~la~ifi~ion: '- F~u~ Land Use: ~ - A~-/~ ~ . ._. D~cdption of proposad a~jvj~ an~ pu~ose °[the mqb%~ed pe~it or amion (a~ch e~m shee~s '~' C~200~ J Page ~ of 3 Development Appiica~o~- Ep~v~: 08~7/~7 I Revision: ' '- Rio Name: Dca '_'O~- ProjeCt Personnel: Agen. t: Na~le: _..--. Phone Number:. ( ~ ~' A_tto_mey: Name: Add,ess FAX Number, (.5'~1)3g~ - ~', 7.5J - Ph-E'r~e Number. ( ) Number. ( ) E:Mai[: Engineer: Name: Addi'ess P'hon~ Nu~lJ~er, ( ) E-Maih FAx Number':. ( -Su Wey...__o r: ...... Name: ~ .~ L, Address' Phane Numben (3~1)"/~ ~ - -c~ ~ I o FAX Number. ( ) - [ E-Mail: , [, /k'-3~l~ '~T. ~ , BEING FIRST DULY SWQRN, DI~[pOE, EANOSAYTHA~ ~ ] AM~BOWNER APPUCA~N, AND ~AT A~ THE iNFQE~N, ~PS, DATA ANO/OE $~CHES PRO~DED IN THIS ACCU~ A~D ~UE ~EST OF~ ~GWLEDGEAND BELIEF, ' ~ / WHO~S~~p~ReOUCS0 . .J ; _ NOTARY S $IGNA~., ~~ ~~.~ .~ Gall L Ca R PRIN~DNAMEQFNOTARY ,~(~/~ ~, 0~... ~V, CommlsslmOC879209 COMMISS~O.I~PI~TION /_ / ' , ~ , ,_ ..? P[ms Sep~m~ 10, 2001 ~~00~ ..... ~ .. Peg~ 2 o13 .-J ~velopment APpticaffon J Approve: 08~71S7 J Revisiont -' J =ile Name: P~a Permit Application N=.. The followin~j is required for all' comprehensive plan Imendments~ zoning amendment (including rezon/ng)~ site plans~ conditional use permits~ special use permits~ varianees~ exceptions~ and appeals, I/M/E, --.--, THE OWNER(S) ~ THE L.E~AL REPRt!iSENTATIVEE OF ~E OWNER OF ~E PROPER~ DESCRIaED WHIC SUBJECT OF THIS A~PLICATIQN, HER~BY AUTH~R~ ~H AND ~RY MEMB~ Q~ ~ ~ ~O~l ~ ~OAR~/COMMISSI~N OF THE Cl~ OF ~EaAST~N (THE "BOARO'~COMMI$~ION~ TO PHYSlCALLY-E~R UPON ~E PRQP~R~ AN~ VI~ ~E PROPER~ IN CONNEC~N W~H ~/OUR PENDING AFPLtCA~ON, I~E HEREBY WAIVE ANY OBJECTION OR {3EFENSE J/WE MAY HAVE, ~3UE TO THE QUASI-JUDICIAL NATURE OF THE PRQCf~EDINGS, RESULTING FROM ANY ~OA~D/CQMMIS$1oN M~ EN~EING OR ~ING THE PROPERS, INCLUDING ANY C~lM OR ASSER~QN THAT ~/OUR PRQCEDU~L OR SUB~TA~IVE DU~ PROCESS RIGHT~ UNDER ~E FLORIDA CON$~TUTiQN QR THE ~NI~D ~TA~S CQNS~QN WERE VIO~TED aY SUCH E~ING OR VI~ING. THIS WAIVER AND ~ 1S IBEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION Sworn.t° and subscdbecI before me by who is~ally kno~ to ~or produce~ as identification, this ,~ ~ay of Nota~ s Signature Pdnted Name, of Nota~ Commiss,on Na./~piratlon /.~ Gaff L Cain ~,kMy Commission CC07920e Expires September 10, 2001 Supplemental Information Easements, vacation of Permit Application Ne, Describe the easement tc~ he vacated (p~ovide a l~,gal description, if possible): Why is this vacation of an easement being request? A~tach a su~ey showing the location of the~ property line~, all easem.ents and all structures on the propeA~j, Form C~.~009 l A~oroVec~, I-File Name~ $ieas®v a ABANDONMENT OF EASEMENT Staff Report Project Name: Residence for Maria Dominguez Requested Action: Abandonmem of the side public utility and drainage easements located on the southwest six (6) feet of Lot 28 and the northeast six (6) feet of Lot 29, Block 186, Sebastian Highlands Unit 8, less the northwest ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 922 Clearmont Street Lots 28 & 29, Block 186, Sebastian Highlands Unit 8 Daisy Serpa 542 Park Avenue Sebastian, Florida 32958 Tozzolo Brothers Construction Co. 805 Fellsmere Road, Sebastian, FL 32958 Project Description: a. Narrative of proposed action: Application has been made for abandonmem of the side public utility and drainage easements platted on the southwest six (6) feet of Lot 28 and the northeast six (6) feet of Lot 29, Block 186, Sebastian Highlands Unit 8, less the northwest ten (10) feet thereof. The client wishes to construct a single family dwelling on a double lot. b. Zoning: RS- 10 c. Future Land Use: LDR d. Existing Land Use: Vacant Utilities Comments: Florida Power & Light: Southern Bell: Charter Communications: Indian River County Utilities: City Engineer (drainage): Growth Management Director Comments: Staff Recommendation: Approve Resol~ Prepared by lapproved !approved (verbal per Kirk Walker, BellSouth) !approved approved approved none ~tion R-01-14 Date gAR. 8.800~ ~:~IAM BLDG DEPT SEBA~T~AM NO,~O P.1~2 1225 MA/N STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589--~37 Q FAX (561) ~89-2~66 J~.auary 5,200I ,DescriRIion of ~asemen~ t3 be abandoned: ~c public urili~ md ~inage easement located ~e so~west six (6) &e~ of Lot 28 ~d ~c no.least six (6) f~e~ of Lot 29, Block Scbaai~ Highl~ds Unit 8. less ~l~ no~hwes~ ~n (10) feet ~ereoi UTILITY: Pedrn Rubiera, FPL COMMENTS: FAX NO: (~61) 4S9-6265 DATE: D;:rri Bosworth, Ci~:y of SebaStian, Orow~h Managers;n; Departmcm F~x N'o, (561) 589.2566. Jan-3n-zno! 1Z;4tipm rrom-~.nA~l=A ~.~lur~l~.A~ i~n~ ; .......... Conf i rmat i on I~lamo r ¥, Sancl Data & Time: Jan-30-Z001 10'.Zlam Tel line : 561 ~Sg 387Z Machine I g : CHARTER CO~UNICATIONS Job number : 3Z~ Oate a Tim~ : Jan-30 10:13a~ To : 589387Z Start time : Jan-30 10:14am End time : Jan-3O lO;21am Pages sent : 000 : Status : 50 Jab number : 328 **~: SEND FA I LiED '. 'city'ofSeb~an" 1225 MAIN STREET ~ [] . SH,BAsTIAN,.FLORIDA 32958 TELEPHONE (561) 589'5537 .i[]-' FAX (561) 589-2566' REOUEST FOR ABANDONME~ OF E~ASEM~ January ~, 2001 Description of Easement to be aband_~e_d: Thc public utility and drainage easement Iocat~d on the southwest six (6) feet of Lot 28 and the northeast six (6) feet of Lot 29, Block 186, Seb~tian Highland~ Unit 8, less the northwest ten (I0) feet thereof. UTILITY: APPROVED: "~ ~ENIED BY: COUNTS: Steve Doyle,'l.R.C. Utilities FAX NO: 770-5143 DATE: Return to: Dorri Bosworfla, City of Sebastiam, Growth Management Department Fax No. (561) 589-2566. BLDG DEPT SEB~STIAM M0.516 P.!/2 C~ry of'Sobastian 1225 MAIN STREET [] SEBASTIAN, ~LORIDA ~29SS TBLEPHONE (~61) $89-$~37 U FAX ( 61) S89-2f66 FOR ABANDO~NT OF EAS. EMEN~._. January 5, 2001 Descriotbn of Easemen.~ to.he ab_ap_doned: ~ public m-ility md drzin~e :asemcnt loca~d on · e sou~west six (6) fec~ of Lot 28 ~d file no~t six (6) feet of Lot 29, Block 186, Sebastim H~ds Unit 8, UTILITY: Ralph Brescia, City Eng~ineer APPROVED: ~ _ DENIED: FAX NO: 589-6209 COlV[MENTS: DAT]~: i' ~u_ dt to: Dorri Bosworth, City of Sebastian, Growth Management Department Fax No. (55.~) 589-2556. HOM~ Ot PF~ICAN ISLAND City of Sebastian, Florida Subject: Resolution R-01-15 Authorization for the City Manager to Enter into a Master Lease- Purchase Agreement with Kislak National Bank (not to exceed $900,000). A~; Subm~tt_~l~anage,3.· Agenda No. t~/- 0 ~ 0 Department Origin: Finance~"'- Date Submitted: February 7,2001 For Agenda of: February 14, 2001 Exhibits: · Resolution R-01-15 Authorization for the City Manager to Enter into a Master Lease-Purchase Agreement with Kislak National Bank (not to exceed $900,000), with exhibits. Letter from Jeff Larson, Managing Director of Hanifen, Imhoff Southeast Regional Office regarding the recommendation for selection of responses, including ranking. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY Enclosed please find a Letter from Jeff Larson regarding our Financial Advisor's recommendation to enter into a Master Lease-Purchase Agreement with Kislak National Bank for the Capital Equipment Financing together with his summary of conclusions and reasons. Staffis comfortable with the conclusions and concurs with the recommendation as outlined. The rate is well within the tolerances provided to you at previous meetings and discussions and the payment schedule is well within reach and will present no problems in meeting them. We have secured a credit facility that meets our original objectives when the process began. It will also allow us to use the same credit facility in the future, pending Council approval, to secure additional financing if needed, via the paid down principal portion of the lease (similar to what we would have done via the League bond). This is on an as needed basis and is not foreseeable for the next few years. RECOMMENDED ACTION Move to approve Resolution R-01-15. RESOLUTION NO. ~-01-15 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF SEBASTI~, FLO~DA~ AUTHORIZING THE LEASE-~N~CING OF CERT~N EQUIPMENT THROUGH E~CUTION OF A MASTER LEASE-PURCHASE AGREEMENT WITH ~SLAK NATION~ B~K; PROVIDING FOR THE PAY~NT OF THE LEASE PAYMENTS; M~NG CERT~N OTHER COrNeTS ~D AGREEMENTS IN CONNECTION THE~TH; PROVIDING ~ EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section 1: Authority for this Resolution. This Resolution is adopted pursuant to the Constitution and laws of the State of Florida, including particularly Chapter 166, Part 11, Florida Statutes, and other applicable provisions of law (hereinafter collectively referred to as the "Act"). Section 2: Findings. It is hereby ascertained, found, determined and declared by the City of Sebastian, Florida, (the "Lessee") that: (a) It is necessary, desirable, and in the best interest of the Lessee and its inhabitants that the Lessee acquire the equipment described in Exhibit A hereto (the "Equipment") and pay for such acquisition through a lease-purchase financing structure pursuant to a Master Lease-Purchase Agreement (the "Lease-Purchase Agreement") between the Lessee and Kislak National Bank] (the "Bank"). (b) The Lessee is authorized and empbwered by the Act to enter into transactions such as that contemplated by the Lease-Purchase Agreement and to fully perform its obligations thereunder in order t0 acquire the Equipment. (c) The execution and delivery of the Lease-Purchase Agreement by the Lessee will comply with all of the provisionsi of the Act. (d) The Lessee has requested proposals from financial institutions and has determined that the terms proposed by the Bank are in the best interest of the Lessee consistent with the request for proposals issued for this purpose. Section3: Authorization of Equipment. The lease-financing of the Equipment is hereby authorized, pursuant to the provisions of a Lease-Purchase Agreement which shall contain terms consistent with the proposal of the Bank attached hereto as Exhibit B. Section 4: Approval of Lease-Purchase Agreement. The Lessee hereby authorizes and directs its City Manager to execute and deliver, and the City Clerk 0fthe Lessee to attest under the seal of the Lessee, a Lease-Purchase Agreement, all of the provisions of which, when executed and delivered by the Lessee as tthorized herein and by the Bank, shall be deemed to be a part of this Resolution as fully and to the same ent as if incorporated verbatim herein. The Lease PurChase Agreement shall be in such form as approved the City Manager, such approval to be conclusivelYl presumed by the execution thereof. The rent payments to be paid under the Lease-Purchase Agreement and the other terms of the Lease~Purchase Agreement shall be consistent with the proposal of the Bank attached hereto as Exhibit B. Section 5: Designation as Oualified Small Issuer Obligation. The Lessee (including all subordinate entities which issue tax-exempt debt on behalf of the Lessee) does not reasonably anticipate issuing tax-exempt obligations in excess orS 10,000,000 during the current calendar year. The Lessee does hereby designate the obligation to lease the Eq~pment pursuant to the Lease-Purchase Agreement as a qualified tax-exempt obligation under Section 265(b)(3) of the Internal Revenue Code of 1986. Section 6: Pledge of Lease Proceeds. In order to provide for acquisition of the Equipment, the Lessor shall pay the proceeds of the Lease to Lessee. The Lessee covenants and agrees to establish a separate fund in a bank or trust company in the State of Florida, which is eligible under the laws of such State to receive funds of the Lessee, to be known as the City of Sebastian, Florida, Major Equipment Replacement Trust Fund, which shall be used only for the payment of the cost of acquisition of the Equipment. Moneys in the Major Equipment Replacement Trust Fund, until applied in payment of the cost of Equipment as provided in the Lease, shall be held in trust by the Lessee and shall be subject to a lien and charge in favor of the Lessor and shall not be subject to any lien or pledge in favor of any person other than Lessor. Lessee does hereby irrevocably pledge the Major Equipment Replacement Trust Fund to payment of its obligations under the Lease in accordance with the terms thereof. Section 7: Further Action. The proper officers of the Lessee are hereby authorized, empowered and directed to take all such further action and to execute such additional documents as they deem advisable to carry out the purposes of this Resolution. Section 8: Severabilitv of Invalid Provisions. If any one or more of the covenants, agreements or provisions contained in this Resolution or the Lease-Purchase Agreement, or any other document or agreement hereby authorized shall be held contrary to any express provision of law, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Lease-Purchase Agreement, or any other document or agreement hereby authorized. Section 9: Succession of Officer of Lessee; Performance of Duties. In the event that the office of any officer of the Lessee mentioned in this Resolution shall be abolished or any two or more of such offices shall be merged or consolidated, or in the event of a vacancy in any such office by reason of death, resignation, removal from office or otherwise, or in the event any such officer shall become incapable of performing the duties of his/her office by reason of sickness, absence from the Lessee or otherwise, all powers conferred and all obligations and duties imposed upon. such officer shall be performed by the officer succeeding to the principal functions thereof or by the officer upon whom such powers, obligations and duties shall be imposed by law. Section 10: Benefit of Resolution Limited. Except as herein otherwise expressly provided, nothing in this Resolution, express or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the Lessee and the Bank (or its assigns) any right, remedy or claim, legal or equitable, under or by reason of this Resolution or any provision thereof, this Resolution and all its~__x provisions being intended to be and being for the sole and exclusive benefit of the Lessee and the Bankfr 'k its assigns). 2 . Section 11: Successors and Assigns. All the covenants, promises and agreements in this Resolution contained by or on behalf of the Lessee shall bind and inure to the benefit of its successors and assigns, whether so expressed or not. Section 12: Repealing Clause. All resolutions, or parts thereof, or other official actions of the Lessee in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 13: Effective Date. This Resolution ~hall take effect immediately upon adoption. 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: I Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Baxczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and Adopted this 14th day of February, 2001. (SEAL) ATTEST: Sally A. Maio, CMC City Clerk CITY OF SEBASTIAN, FLORIDA By: W,'.lter Barnes, Mayor 2 Dump Trucks 1 Grader 1 Vac Track 2 Backhoes 1 Sweeper 1 Lull EXHIBIT A Description of Equipment 0R103185;1 See Attached EXHIBIT B Bank Proposal 0R103185;1 KI SLAK February 2, 200 ] Mr. Mark C. Mason, CPA Finance Director City of Sebastian City Hall, 1225 'Main Street Sebastian, FL 32958 Dear Mr. Mason: The following is the Kislak National Bank proposal for fixed rate financing for'the capital equipment which the City of Sebastian anticipates acquiring. LESSOR: Kislak National Bank, Miami Lakes, Florida LESSEE: City of Sebastian, Florida EOUIPMENT: 2 Dump Trucks,.1 Grader, 1 Vac Truck, 2 Backhoes, 1 Sweeper, and 1 Lull AMOUNT TO BE FINANCED: Up to $1,000,000; Initially $900,000 ~ESTIMATED CLOSING DATE: March I, 2001 EQUIPMENT FINANCING VEHICLE: It' is.proposed that the parties utilize the Master Lease-Purchase Agreement. Under such an arrangement, the Lessee would be able'to obtain additional leased equipment under the same basic'terms and conditions as originally agreed to Without having to negotiate and execute anew contract. Under this strueture, 'there would .be no covenant to budget and aporopriate and no revenue [}ledge. The lease~urchase'wouid not be considered .ion~term debt. LEASE TERM: Seven (7) years LEASE' COMMENCEMENT DATE: The Lease Term will commence upon the funding of the Lease (payment to vendor) or.the funding of the lease into a trust account. TRUST ACCOUNT: TRUST'ACCOUNT: The entire lease proceeds would be deposited by the Bank into a City owned Trust Account prior.to the delivery of the Equipment. The Trust Account, to be held by the City, would be established at the City's discretion. The Lease Term would .commence on the date that the Trust Account is funded, with lease amortization commencing at that point. This alternative would allow the City'to lock in an interest rate up front When the Trust Account is funded. The'account will be designated'in the Lease to be used solely for payment of the Equipment. Upon presentation of an invoice and a certificate of acceptance from.the City, the Bank will authorize payment to be made to the vendor(s) from the Trust Account. The Trust ~Aecount may also be used to reimburse the City for equipment previously purchased. The bank only requires that invoices be submitted substantiating the expense. There are no bank fees for the Trust Account. The Trust Account may be established at any institution the City selects. This is an informal arrangement between the Bank and the .City. TERMS OF LEASE: The Lessee will make periodic lease payments sufficient to pay the d~bt service on the obligation during each year the Lease is in effect and not terminated by an event of non-appropriation. The obligation to make lease paymems during any fiscal year will be limited to legally available revenues appropriated for such purpose by the Lessee. After the last scheduled payment, the City will own the asset free and clear. 713 Pinar Drive, Orlando, FL 32825 , Tel: 407.207.9192 · Fax: 407.207.9193 · Toll Free 877.759.5253 City of Sebastian Page 2 February 2, 2001 BANK QUALIFIED iNTEREST RATE: Seven (7) Year Term 4.85% The interest rate will be fixed through 3/15/2001. After 3/15/2001, the interest rate will be indexed to 61% of the change in the 5 year US Treasury note as published in the Wall Street Journal. The 5 year US Treasury note .is currently 4.85% as published in the February :2, 2001 Wall .S~reet Journal. After execution of the Lease, the Interest Rate may be-adjusted inthe event ora change in income tax rates or other laws or regulations affecting the after-tax yield to the .Bank. PERIODIC RENTS: Periodic Rents are to be made monthly, quarterly or annually in advance or in arrears. An amortization schedule for annual payments in arrears is included. TAX-EXEMPT STATEMENT: The parties anticipate hhat the Agreement will qualify as a "qualified.tax-exempt obligation" within the meaning of Section 265(b)(3) &the Code. PREPAYMENT SCHEDULE: Prepayments may be,made in Whole or in part without penalty,per the amortization schedule to.be ~eluded in the documentation package. SALES AND USE TAX: Lessee will pay all fees, assessments, sales, use, property, and other taxes imposed upon Lessor, resulting fi-om the lease of the equipment. INSURANCE: Prior to Lease 'Commencement Date, Lessee, at its sole cost and expense, ,will provide risk, physical damage and liability insurance with the Lessor named as "Loss Payee'" and "additionally insured", in accordance with its normal standards, which may include self-insurance. TITLE TO EQUIPMENT: Title shall, at, all times.remain in the name o£the Lessee. FINANCIAL STATEMENTS:' Lessee will furnish financial statements on an annual basis, as well as unaudited financial information and other supplementary information, which the Bank may request. Additionally, the Lessee will submit a copy of its annual budget within 45 days after .the budget has been adopted. DOCUMENTATION: To be provided bythe .Bank. As is customary, the Lessee's local counsel will be required to provide .an opinion letter. · TRANSACTION.EXPENSES: Lessee shall be responsible for fees and expenses incurred by it. No o~her bank fees or expenses Will apply. MATERIAL ADVERSE .CHANGE: At any time prior to completion of funding, Lessor reserves the right to withdraw any approval in the .event that Lessor determines that there has been a material adverse change .in the financial condition of. the Lessee or in its ability or willingness to meet its obligations under this Proposal. EXPIRATION OF PROPOSAL: This proposal expires unless' ~ccepted on or prior to March 31,2001. City of Sebastian, FL Page 3 February 2, 2001 APPROVAL: This proposal does not constitute a commitment to lend.'Bank credit'approval will be expeditiously obtained. The contents of this proposal represent the Bank's indication of the terms and, eond.itions that it deems appropriate based upon the information available as of the date hereof. If the terms of this proposal are acceptable to you, please execute below and return'the original to me. Thank you again for ihe opportunity to be.of service and to present this proposal for your.consideration. Should you have any questions, please feel free to contact me'at (407) 207-9192 or.toll free at (877) 759-5253 Best Regards, Denise Beauchamp Senior Vice President CC: Mr. Jeff Larson, Managing.Director~ Hanifen, Imhoff Proposal accepted this day of ,2001. CITY OF SEBASTIAN, FL By: Title: Sebastian Compound Period ....... : Annual Nominal Annual Rate ...: 4.850 % Periodic Rate .............. : 4.8500 % Daily Rate ................... : 0.01329 % 02/02/2001 Page 1 CASH FLOW DATA Event Start Date Amount 1 Loan 03/01/2001 900,000.00 2 Payment 03/01/2002 154,693.39 AMORTIZATION: SCHEDULE - Normal Amortization Date Payment interest Loan 03/01/2001 2001 Totals 0.00 0.00 1 03/01/2002 154,693.39 43,650.00 2002 Totals 154,693.39 43,650.00 2 03/01/2003 154,693.39 38,264.40 2003 Totals 154,693.39 38,264.40 3 03/01/2004 154,693.39 32,617.59 2004 Totals 154,693.39 32,617.59 4 03/01/2005 154,693.39 26,696.91 2005 Totals 154,693.39 26,696.91 5 03/01/2006 154,693.39 20,489.08 2006 Totals 154,693.39 20,489.08 6 03/01/2007 154,693.39 13,980.17 2007 Totals 154,693.39 13,980.17 7 03/01/2008: 154,693.39 7,155.58 2008 Totals 154,693.39 7,155.58 Grand Totals 1,082,853.73 182,853.73 Number Period 7 Annual End Date 03/01/2008 Principal 0.00 111,043.39 111 043.3~ 116,428.99 116,428.99 122,075.80 122,075.80 127,996.48 127,996.48 134,204.31 134,204.31 140,713.22 140,713.22 147,537.81 147,537.81 900,000.00. .' Balance 900,O00.00 788,956.61 672,527.62 550,451.82 422,455.34 288,251.03 147,537.81 0.00 Hanifen, imhoff Southeast Regional Office Division of Stifel Nicolaus 1560 N. Orange Avenue, Suite 210 Winter Park, Florida 32789 Phone (407) 622-0296 Fax (407) 622-0305 Memorandum DATE: February 7,2001 TO: Mr. Mark C.Mason, CPA Director of Finance City of Sebastian, Florida FROM: JeffLarson Managing Director Financial Advisor's Recommendation for Selection of Responses to the City's RFP for Up to $1,000,000 Credit Facility for Capital Equipment Financing As discussed with Staff, detailed in your letter dated January l0th, and presented to the City Council on January 24th, Hanifen distributed the City's RFP to four local Florida financial institutions and received responses from Kislak National Bank, Riverside Bank and SunTrust. No response was received from NationsBank/Bank of America. Our summary table is attached for ease of reference. Our staff has reviewed the three responses and, based on our discussions with you, Mr. Moore and the Council's directives, as well as our understanding of the City's initial objectives in reviewing the Florida League of Cities original (and cancelled) program, the City's financial condition, and desire for future financial flexibility, we recommend the 7 year Kislak Lease Purchase Financing to the Council for approval. This recommendation is based on the following reasons: The 4.85% fixed rate is well within the target range we established with the City, and is "locked in" per our request through an anticipated closing date of no later than March 15,2001 (we would anticipate an expedited closing over the next two weeks), The Seven year term fits the estimated average life of the equipment being financed and you seem comfortable with the proposed repayment schedule, As future capital equipment needs arise and this facility is paid down, the Master Lease arrangement provides for prompt and easy reapplication for these needs with only minimal City Attorney and Hanifen involvement which fits the desired "revolving credit facility objective", This Lease Purchase structure focuses on the "essential nature" of the financed equipment, and although subject to annual appropriation, should be viewed by the Council as a Seven Year obligation ie. a failure to appropriate would be seen to be a major negative signal to the financial and capital markets, it is very important to highlight that this structure DOES NOT require either a (1) direct revenue pledge or (2) a Covenant to Budget and Appropriate pledge, thereby providing maximum future borrowing flexibility to the City as it addresses other capital needs in the futur~, The proposed legal Documentation is s:andard and has been prepared by a well known Orlando based law firm that we are comfortable with, will be supplied to the City by Kislak at no cost to the City, and is expected to contain no undue restrictions or covenants placed on thei City, requiring only City Attorney and Hanifen's review. This process will decrease the estimated Cost of issuance to approximately $8,000 to $10,000 versus the Bank Loan option carrying Costs of around $20,000 due to Bond Counsel a~d Bank Counsel involvement. This will save the City at least $10,000 or half the Cost of the Bank loan option. In addition to higher costs of issuance, i bank counsel fees and documentation requirements from the second ranked SunTrust proposal, we note that the SunTrust fixed rate of 4.63% was attractive and slightly lower than the Kislak proposal. However, it was very much offset by their proposed loan covenants that would have severely restricted the City's future ability! to access the bank or bond markets as needs arise. These constraints also ran against many of the objectives we are trying to achieve in the current bond refunding issue, i We could have sought to negotiate these to our and the City's satisfaction, but this i~ typically not done unless it was the top ranked proposal per the RFP. In any event, a revenue pledge of some sort would have been required. I We appreciate the opportunity to be of serv!ce, and would be pleased to address any questions that arise. Once the Council has! made their determination, we would be happy to contact each proposing institutioh with the results of their decision on February 14th and begin the review of the documentation with you and Mr. Stringer. JTL cc. Carlos Pereda, Senior Analyst cc. Mr. Terrence R. Moore, City Manager ~ X 0 Subject: Tri-Sure Corporation/Licensing Agreement ~, d for ~/~. C,~ager Terrence R. Moore Agenda No. f--Y/. 0 ~'"~ Department Origin: Date Submitted: 02-05-01 For Agenda off 02-14-01 Exhibits: Licensing Agreement EXPENDITURE REQUIRED: IAMOUNT BUDGETED: IAPPROPRIATION REQUIRED: SUMMARY Mr. James Chambers of Tri-Sure Corporation has requested the use of the Filbert Street Property for storing materials associated with implementing the next phase of the Sebastian Water Expansion Program. Therefore, a Licensing Agreement between the City of Sebastian and Tri-Sure Corporation has been prepared allowing Tri-Sure to enter onto the Filbert Street Park lands in Sebastian and to store construction related materials during the next phase of the Sebastian Water Expansion Program. RECOMMENDED ACTION Move to authorize the City Manager to execute the proposed Licensing Agreement between the City of Sebastian and Tri-Sure Corporation for the storage of construction related materials during the next phase of the Sebastian Water Expansion. LICENSING AGREEMEN~ This agreement between the CITY: OF SEBASTIAN, a Florida municipal corporation (hereinafter called "LANDOWNER"), and TRI-SURE CORPORATION, P,O. BoX 653 Aubumdale~ FL 33823 (hereinafter called "LICENSEE"), for a license to use land provides that IN AND FOR CONSIDERATION of the mutual benefits and promises provided herein and the payments made as expressed below, the receipt and sufficiency of which is hereby acknowledged by the parties, it lis agreed: 1. LANDOWNER hereby grants LICENSEE a license to enter onto and store construction-related materials upon a portion 6f certain lands described in the attached legal description and commonly known as th~ Filbert Street Park lands in Sebastian, Florida (hereinafter called the "SITE"). 2. Entry onto said SITE shall be l~nited to the hours of 6 a.m. to 8 p.m., Monday through Saturday, absent written penu~ssion from the City Manager due to special circumstances. 3. LICENSEE shall pay LANDOWNER a monthly fee of two hundred ($200) dollars, payable in advance and due the ~rst day of each month, for the privileges granted hereunder. There shall be a fifteen day grace period for the payment of said fee. Receipt of' four hundred dollars ($400) constitt~ting payment for the month of February . and the last months' fee is hereby aclcnowledged[l 4. LICENSEE shall store and main!ain any equipment and materials on said · SITE within, the confines of. the existing fencing thereupon, or within such .additional fencing as it may. erect at the SITE. ' : 5. LICENSEE agrees to indemnify, defend and hold LANDOWNER harmless from any and all claims of any nature whatsoever arising from' its exercise of the privileges granted hereunder, including but not limited to claims arising from its entry upon the land of LANDOWNER as Well as the transportation of materials to and from the facility thereupon. Further, LICENSEE shall maintain the existing or equivalent insurance coverage naming the LANDOWNER as an additional insured. 6. Nothing herein shall be construed as obligating LANDOWNER to maintain the SITE in any particular working condition and no representations are made to LICENSEE concerning the suitability of said SITE for the proposed temporary use. 7. Either party may terminate this Agreement by giving five (5) days written notice to the other party. In the event that the License is terminated by LANDOWNER prior to completion of a month for which rent has been paid, LICENSEE shall be entitled to a pro-rata refund of rent attributable to the remainder of said month. 8. At the conclusion of this license, LICENSEE agrees to grade and grass any' area of the SITE impacted by its use hereunder. 9. The term of this agreement is for six months from the date hereof, with a right to renew on a monthly basis upon.ten (10) days written notice. . AGREED to this day of February, 2001. CITY OF SEBASTIAN, a Florida 'municipal corporation TRI- SU-KE CORPOP, ATION, a Florida corporation By: Terrence R. Moore, City Manager By: lames H. Chambers, President Attest: . Sally A. Maio, CMC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney Subject: March of Dimes, North Indian River County Walk America ~pp/X~ for Su~bm~City Manager Agenda No. _~j.~,~.~ Department Origin: Date Submitted: 02-05-01 For Agenda of: 02-14-01 Exhibits: Letter dated January 30, 2001 from Brian R. Hall, Community Director, with walk route information attached. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: SUMMARY In order to facilitate a start/finish point, the March of Dimes, North Indian River County has requested the use of Riverview Park, with the use of electricity on Saturday, April 21, 2001, beginning at 7:00 a.m.- 10:30 a.m., for the March of Dimes walk-a-thon. RECOMMENDED ACTION Move to approve the use of Riverview Park, on April 21, 2001, with electricity for the March of Dimes, North Indian River County walk-a-thon, beginning at 7:00 a.m. - 10:30 a.m. March of Dimes.' Saving babies, together January 30, 2001 City Council of Sebastian Attn: Mr. Terrence Moore, City Manager 1225 Main Street Sebastian, FL 32958 March o/Dimes Birth Defects Foundation East Central Florida Chapter Treasure Coast Division 1307 19th Place Veto Beach, Florida 32960 Telephone (561) 562-0115 Fax (561) 567-0854 Re: Request to hold the March of Dimes, North Indian River County Walk America At Riverview Park. on Saturday, April 21, 20011 Dear Mr. Moore: I would like to start this letter by first introducing myself. My name is Brian R. Hall and I am the new North Indian River County Community DirectOr for the March of Dimes. My purpose serves to encourage more community involvement With an organization devoted to the birth of healthier babies. I am writing you today to request approval for the Use of Riverview Park, and the enclosed walk route. On Satin-day, April 21, 2001 as in years past, :we would be pleased to utilize this location, as the walk-a-thon's start/finish point. We believe the park provides safety & security to all participants while adding to the excitement of an alteady rewarding event. The day of the event we would use the park pavili°n area On the N.E. comer of the park. We request the use of these facilities from 7am to 10:30am adhering to the schedule as followed: Setup: 7:00am- 7:3Dam Registration: 7:30am- 8:30am Walk-A-Thom 8:30am- 9:30am Awards / Refreshments: 9:30am - 10:30am All Activities To Completed By 10:B0am As you may already be aware, the March of Dimes, WalkAmerica Campaign is not new North Indian River County. We are a well established orggnization who delights in the Sebastian City Council's support to make this mmual campaign suc~h a successful event. We will do whatever it takes to comply with any city or county regulations.i The March of Dimes will obtain an Insurance Certificate for the walk and forward it to the City. Enclosing, I am requesting the route for the WalkAtnerica 2001 to be added to your next City Council agenda. Note, I have also submitted a copy iof the route information to the Sebastian Police Department for the approval. Contact me ifI imay further assist you and/or the Sebastian City Council. Thank you fbr your support. Saving babies, together, Community Director March of Dimes.' Saving babies, together NORTH INDIAN RIVER WALK AMERICA'2001 ROUTE March of Dimes Birth Defects Foundation East Central Florida Chapter Treasure Coast Division 1307 19th Place Yero Beach, Florida 32960 Telephone (561) 562-0115 Fax (561) 567-0854 Davis Slreel ~j Porlolet . 51ain Stree! Subject: Use of Riverview Park / Learning Nest 5 K Run Department Or/gin: Date Submitted: 02-01-01 For Agenda off 02-14-01 Exhibits: Letter dated January 8, 9.001 regarding Learning Nest 5K Run REQUIREDEXPENDITURE: [ AMOUNT BUDGETED: I APPROPRIATION REQUIRED: SUMMARY The Learning Nest will hold its First Annual 5K Run on May 12, 2001, beginning at 8:00 a.m. and ending approximately at 10:30 a.m. They have requested the use of Riverview Park Gazebo, beginning at 7:00 a.m. - 12:00 noon with the use of electricity, in order to hold a pre-registration, serve refreshments and conduct a trophy presentation. The 5K run will proceed north on Indian River Drive for approximately 1.5 miles, therefore a portion of indian River Drive must be closed. RECOMMENDED ACTION Move to approve the use of Riverview Park on May 12, 2001, for the First Annual Learning Nest 5K Run, beginning at 7:00 a.m. - 12:00 noon, with the use of electricity and the closing ora portion of Indian River Drive. HOME OF PELI~AN ISLAND 1225 MAIN STREET · SEBA~STIAN, FLORIlDA 32958 TELEPHONE: (561) 589~5350 · FAX (561!) 589-5570 ME M O!R A ND UM DATE: TO: FROM: TI-IROUGH: SUBJECT: February 1, 2001 Terrence R Moore, City Manager Chris McCarthy, Parks and Maintenance Superintendent O_lIv~,x. Terry Hill, Director of Public Work~ Request to use Rivervie~ v Park for Learning Nest 5K Run Lora Van Meir, President of the Learning Nest has requested to use the Riverview Park gazebo for a 5K Run on Saturday, May 12, 2001. They will need the gazebo from 7:00 AM to 12 Noon and use of electricity. I have attached the letter from Ms. Van Meir requesting the use of the Park. "An Equal Opportunity Eml~loyer" Celebrating Our 75~h Anniversary LORA VAN MEIR THE LEARNING NEST 1088 BARBER STREET SEBASTIAN, FL 32958 JANUARY 8, 2001 TERRENCE MOORE CITY MANAGER 1225 MAIN STREET SEBASTIAN, FL 32958 DEAK MR. MOORE: PLEASE ACCEPT THIS LETTER AS A REQUEST TO HAVE OUR FIRST ANNUAL LEARNYNG NEST 5K RUN ON MAY 12, 2001 STARTiNG AT 8 AM AND ENDiNG APPROXIMATELY AT 10:30 AM THE 5K RUN WILL BEGIN A_ND END AT THE RIVERVIEW PARK. A DISTANCE OF APPROXIMATELY 1.5 MILES WILL BE UTILIZED FOR THE RACE PROCEEDING NORTH ON INDIAN RIVER DRIVE. WE WOULD LIKE TO HAVE ACCESS TO THE PARK DUE TO PRE-REGISTRATION BEGINNING AT 7 AM PRIOR TO THE RACE AND ALSO, WE WILL BE HANDiNG OUT TROPHIES AND SERVING REFRESHMENTS TO ALL OF OUR E1VTRIES AND THEIR FAMILY AND FRIENDS AFTER THE RACE. PLEASE CONTACT ME AT YOUR EARLIEST CONVENIENCE REGARDiNG MY REQUEST. DUE TO THE FACT THAT WE CAN NOT CONTINUE OUR ORGANIZED EFFORTS REGARDING THE RACE UNTIL WE KNOW THAT WE HAVE MAY 12, 2001 BOOKED FOR OUR RACE, WE WOULD APPRECIATE A PROMPT RESPONSE. YOU MAY CONTACT ME AT THE ABOVE ADDRESS OR PHONE ME AT WORK. THE NUMBER IS 567- 2555. THANK YOU FOR YOUR CONSIDERATION TO THIS MATTER. SINCERELY, LORA VAN MEIR, PRESIDENT THE LEAR_NING NEST Subject: Use of Riverview Park / Easter Sunrise Service A~~ for Sub,llifi~h~ty Manager Oj. 5-C- Department Origin: Date Submitted: 02-01-01 For Agenda of.' 02-14-01 Exhibits: I_~tter dated January 12, 2001 from Dr. Ronald D. Thomas, Sr., and letter dated January 16, 2001, from Thomas Fornash EXPENDITURE AMOUNT BUDGETED: [ APPROPRIATION REQUIRED: [ REQUIRED: SUMMARY Both the Sebastian River Ministerial Association and the First Baptist Church of Sebastian have requested the use of Riverview Park, on April 15, 2001, beginning at 6:00 a.m. - 8:00 a.m., with the use of electricity for Easter Sunday Sunrise Service. Since many of the area churches participate in the Easter Sunrise Service, staff'contacted Mr. Thomas Fomash, First Baptist Church of Sebastian and suggested that he comact Dr. Ronald Thomas, Sebastian River Ministerial Association. RECOMMENDED ACTION Move to approve the use of Riverview Park, on April 15, 2001, with electricity for the Sebastian River Ministerial Association Easter Sunday Service, beginning at 6:00 a.m. - 8:00 a.m. P.O. Box 780328 Sebastian, Florida 32978 1029 Main Street Sebastian, Florida 32958 Church (561) 589-5230 Thrift Shop (561) 388-0405 Parsonage (561) 589-4458 City Of Sebastian 1225 Main Street Sebastian, Fl. 32958 Attn: Chris McCarthy January 12, 2001 Dear Mr. McCarthy, In conjunction with our long-standing arra. ngement with the city of Sebastian, once again this year, on behalf of the Sebastian River Ministerial Association, ! respectfully request the use of the Riverview Park gazebo facility for our annual Easter Sunrise service to be held on Sunday, April 15th! 2001 from 6:00 a.m. - 8:00 a.m. We would appreciate your making arrangements to have two sets of bleachers set up facing the river on the west side of the gaZebo. Also, if you would please be sure we have electricity at the outlets in the area on that day. Confirming in writing at your earliest convenience would allow us ample time to begin planning our promotion. ~ Thank yon for your cooperation in making this popular and worthwhile ecumenical occasion open to all of the churches and people o r the greater Sebastian River area. Dr. Ronald D. Thomas, Sr. Pastor CITYOF SEBASTIAN HO/ViE OF PELICAN ISLAND 1225 Main Street Sebastian, Florida $2958 Telephone (561) 589~5550 FAX (561) 589-5570 Subject: Request for Rental of Community Center Approved for Submittal by: City Manager Agenda No. Department Origin: City Clerk Date Submitted: 2/1/01 Exhibits: Application Expenditure Required: For Agenda of: 2/14/01 Amount Budgeted: Appropriation Required: SUMMARY STATEMENT An application has been received from Jose Zamarripa requesting the use of the Community Center on February 16, 2001 from 8:00 P.M. till 12:00 Midnight for a Valentine's Day Party. As required by R-00721, Section 1 (B) (copy attached), he is also requesting permission to use the facility until 12:00 Midnight, to serve alcohol at the event and charge an admission fee of $5.00 to cover the cost of food. He anticipates an attendance of 150-200 people and has completed the proper form for the extra duty police officer services. RECOMMENDED ACTION Consider the request and act accordingly. RESOLUTION NO. R-00-21 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL' CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR USE OF SUCH FACILITIES; PROVIDING FOR THE. COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACT[IVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ! WHEREAS,the City of Sebastian owns and mainlains a Yacht Club and a Community Center for the use and benefit of its cEizens and a City Council chambers for the operation of City government; and WHEREAS, the promulgation of rules of cond~uct and procedure will promote the general health, safety and welfare of-those persons .utilizing such facilitids; and WHEREAS, the City Council deems it necessary 1~ impose Certain fees ~or the use of certain facilities in order to defray the.cost of maintenance and repair. : NOW, THEREFORE, BE IT RESOLVED BY 3'HE CITY COUNCIL OF THE CITY OF SEBASTIAN, 'i INDIAN RIVER COUNTY, FLORIDA, that: ~ECTION 1. RULES AND REGULATIONS: Tile City Council hereby adopts the following rules and regulations for the use of the Sebastian Community Center and the Sebastian Yacht Club. A. .An application for a permit to use the Community Center or the Yacht Club must be completed on forms provided forsuch purpose by the City Clerk. An ~pplication for a permit must be received by the City Clerk at least two weeks prior to the date of the requested use, however an application for a permit requiring City Council approval must be received by the City Clerk at least two weeks before the next Regular City Council meeting date which is prior to the date of the requested use. It is the policy of the city of Sebastian that no waivers of the rental or security deposit will be.permitted,! except as otherwise provided for in this Resolution. B. The City Clerk shall issue a use perm~ upon a determination that the requested use is .permissible pursuant to this Resolution and all fees have'~3eer~ paid. In the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11:00 p.m., or if an admission charge is to be assessed, then the City Clerk shall not issue a use permit until directed to do so by , ~e City Council. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION .No. ~$tmet ~ ~ --Clt~ NAME OF GROUP OR ORGANI~TION: ANTICIPATED NUMBER OF PERSONS A~ENDING EVENT: [5 O- ~O If ma than 7E aUend~s,'~m d~ police o~cer .~ic. ay b r~uimd , · ' PL~SE ANSWER YES OR NO: 1. ARE KITCHEN FACILITIES REOUIRBD? ~ 2, ARE YOU A RESIDENT OF SEBASTIAN? ~ ~ 3, WILL DECOCTIONS BE PUT UP? ~ ~ .,~ % Total ....... $/~ 5. WILL ALCOHOLIC BEVE~GES BE SERVED? ~,~-~ - 7~/M __ Total ........ (a)'lf an~er to ~5 is Yes, Pe~i~ee's proof of Age: //-/~- ~'- COw* (b) If al~hol is to be sewed, pe~issiop is required by City .Council, Your reque~.will be ~pmsented to.~uncil on: ~-/~- ~PE/ Make checks payable to City of Sebastian (A service fee of 5% or $10.00, whichever is greater, may be charged for a dishonored check per City Resolution No: R-96-41) OFFICE USE ONLY DATE PAID RECEIPT NO. IN/HALS SECURITY DEPOSIT ........ ' $250.00 c~ -/- o',',°~'~J/ ~0'~ RENT ........................... i~7'o, oz~ / 7% TAX ........................... / ,~ .~ ALCOHOL BEVERAGE REQUEST ['-I APPROVED Police Department Agreement Verified (if applicable) Key Pickup Date: Key Returned Date: SECURITY DEPOSIT RETURNED BY CITY CHECK # COMMENTS: [] DISAPPROVED Date FOR $ ON: TO RENTERS OF SEBASTIAN COM]VIUNITY CENTER OR YACHT CLUB: A deposit of two-hundred fif~ dollars ($250.00) for cleanup must be made with the application. This deposit is refundable if the building is lef~ clean and undamaged by perrnittee. If cleaning or repair is necessary by City employees, this deposit or a portion of the deposit shall be forfeited, based on information supplied by the SUperintendent of buildings. Sally iA. Maid, CMC City Clerk I, ~ , permit~ee for said premises, have read the rental rules and regulations and agree to all the conditions listet Furthermore, I understand that neglecting to clean the premises immediately afterward will re suit in forfeiture, in part or full, of the security Date HOMI~ O~ ?I~i~CAN IST~I~D City of Sebastian, Florida Subj eot: Second Reading and Public Hearing for Ordinance No. O-01-02 Amending City Code Sec o 26- S,Fhapter 26, a B ,i ai, g Coae Exhibits: AgendaNo. ~/-O/iTA Department Origin: Finance ~ Building Department Date Submitted: January 31, 2001 For Agenda of.' February 14, 2001 Ordinance O-01,02 Amending City Code Section 26-35, Chapter 26, Article H Building Code. EXPENDITURE KEQUI1LED: AMOUNT BUDGETED: N/A I APPROPRIATION REQUIRED: N/A I N/A SUMMARY Part of the Building Department's Goals and Objectives for fiscal year 2001 was to review and recommend changes to the Permit Fees pursuant to the Building Code. This procedure was performed by the Finance department and reviewed by the Building Official. As part of the review and analysis it was recommended that the permit fees be removed from the Code of Ordinances and adopted by Resolution. The purpose of this measure is to maximize the ability to make potential changes to the Permit Application Fee structure in future years as growth continues in the City. included in the February 14, 2000 is a recommended Resolution to adopt the permit fees with additions and changes as summarized below. To summarize the process, the permit application fees charged by the building department are well within the parameters of the surrounding area, i.e. other Cities & the County and compare favorably with other Cities of a similar size with the exception of two fees. The permit application fee of $6.00 for plumbing fixtures was designed for single fixtures within a structure. As the number of water hookups rise, the $6.00 charged barely covers the cost of issuance of a permit let alone the cost of inspection. We are recommending a separate charge of $20.00 for a Water Service Connection Permit within the permit fee resolution, in addition, the amotmt charged for re-inspections is lower than others by $10.00 and are recommending an increase from $25.00 to $35.00 to keep us in line with the rest of the County. Move to adopt Ordinance O-01-02. RECOMMENDED ACTION ORDINANCE NO.O-01-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 26-35 CHAPTER 26 ARTICLE ii BUILDING CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 26-35, Chapter 26, Article 11, of the Code of Ordinances for the City of Sebastian constitutes application for building permits and fees; and WHEREAS, other application fees and permits have been established via resolution of the City Council; and WHEREAS, there have been no adjustmenls to the permit fees since 1985. NOW, THEREFORE, BE IT ORDAINED ~ly THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORjI)A, as follows: Section 1. That Section 26-35 of the C~de of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 26-35. Application for building permit; fees. (a) Before any building or structure ofwha soever nature shall be erected or constructed within the corporate limits of the city, or any addition shall be made to any existing building or structure within the corporate limits of the city, the owner, contractor, person building or responsible for building such building or structure or making such addition thereto shall complete an application for a building permit from the city for such erection, construction or addition. No building or structure shall be erected in the city nor any addition made to any existing building or structure in the city unless a permit therefor has been granted as provided by this article and no work shall be done in connection with any such building or addition unless such permit has been granted. All applications for Such permit shall be made to the building official. Such applications shall be signed by the applicant and shall state thereon: (1) The location of the proposed structUre, building or addition; (2) The owner and contractor or builde~ thereof; (3) The distance of the building from the street; (4) The character of the bUilding and the material of which the walls and roof are to be constructed; (5) The purpose for which the building is to be used; and (6) The approximate cost and dimensions thereof. The approximate cost shall be gained from the latest edition of"Means Square Foot Costs" using the city's location factor. (b) No permit shall be issued until approved by the city building official. The city building official shall approve or reject the application for permit within three days following the submission of application for permit__, by the city clerk. (c) The building permit shall be issued by the building official upon his approval. following fees shall be paid to the city cleric for the granting of each such permit: (d) Building permit fees shall be established by resolution. Beilding pcrmit: Amount Fcc $ 0.00 t00.00 $ 10.50 t00.00 49990 15.00 500.00 1,999~0 ~ 2,000.00 2,999.00 34.90 3~00.00 3,999.00 4S.OO 4,000.00 4,999.00 50.00 5,000.00 5,999.00 72.00 6,000.00 6,999.00 $I.00 7,000.00 7,999.00 90.00 8,000.00 8,999.00 9,000.00 10,000=00 t 1,000.00 12,000.00 [3,o00.00 14,000.00 t5,000.00 16,000.00 17,000.00 18,000.00 19,000.00 20,000.00 21,000.00 22,000.00 23,000.00 24,000.00 25,000.00 26,000.00 27,000.00 2-8,000.00 9,999.00 10,999.-00 11,999.4)0i 12,999.00[ t3,999.00 14,999.001 t5,999.00l 16,999.00. 17,999.00! 18,999.00[ 19,999.00[ 20,999.00[ 21,999.00! 22,999.00i 23,999.00` 24,999.001 25,999.00 26,999.00i 27,999.00! 28,999.00i 29,000.00 2-9,999.00 30,000.00 30-,-999.00 31,000.00 3t,999.00 32,000.00 327,999.00 3~00~00 33,999.00 34,000.00 34,999.00 35,000.00 35;,999.00 36,000.00 361999.00 37,000.00 37,999.00 38,000.00 3-8,999.00 39,000.00 39,999.-00 40,000.00 40,999.00 41,000.00 41,999.00 4-2:,000.00 -42,999.00 43,000.00 43,999.00 44,000.00 44,999.00 45,000.-00- 45,9-99.00 46,000.00 46,999.00 47,000.00 47,999.00 48,000.00 48,999.00 49,000.-00 49,999.00 50,000.00 50,999.00 267.00 51,000.00 100,999.00 t0t,000.06 1,000-,999.00 $1,001,000.00 and over Eleetr4eat-permit: Temp pen'mt 8ervice changes up to: O0-amps ~om 2-01 to 800- 6vet 800 amps Additional air conditioner ' Service ~hango-and small-additions Complete remodeling or ~ewirmg of b~,itding $387.00-,~- $6.00-per- $1,000.00 valuation over $51,000.00 $687.00 + $3.00 per $1,000.00 valuation over $½0t-,-000.00 $3,387.00 + $t.50 per $1,000.00 valuation over $ t,001,000.00 $0.45 per amp. 100 amp.-$45.00 t 50 amp.-$67.50 200 amp.-$90.00 7.50 3.00 each 100 amps 12.00 plus 0.45 per Same as new wirin~ Swim~m-g peel penmit: Plumbing permit Well peri'nit ~eptie tank and drainfieki permit t-I~se bibs penmt Sewer-and w,~t~er permit Driveway pen-nit Fence permit Demolition or razing building permit Reinspection fee Pools up to 45,000 gallons 12oots over t5,000 gallons and electrical installations 6.00 per fixture '1/'1 fl/~ 25.00 each visit Section2. CONFLICT. All ordinances or parts of ordinances in conflict are herewith repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect March 1, 2001. The foregoing Ordinance was moved for adoption Motion was seconded by Council Member was as follows: by Council Member and, upon being put to a vote, the vote Mayor Walter Barnes ViCe-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr The Mayor thereupon declared this Ordinance duly passed and adopted this 2001. ~ CITY OF SEBASTIAN, FLORIDA Walter Barnes, Mayor ATTEST: By: day of February, Sally A. Maio, CMC City Clerk ApprOved as to Form and Legality for Reliance by the City of Sebastian Only: By: Rich Stringer, City Attorney PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 4, 2001 Acting Chmn. Mather reopened the public hearing at 8:18 pm for Jackie James to speak again. He closed the public hearing at 8:17 pm. Acting Chmn. Mather asked for a motion on this issue. There was no motion made. There was discussion to make a motion to approve, deny or continue. Atty. Stringer suggested that it could be moved on to City Council without a recommendation. Acting Chmn. Mather stated that this Commission would move this land use change on to City Council without a motion from the P & Z Commission. There was no objection to this action. A break was taken at 8:18 pm. All members returned at 8:25 pm and the meeting resumed. C, PUBLIC HEARING - Recommendation to City Council - Proposed Rezoning - 7701 130th Street - C.N. Kirrie- Public Service to Industrial Tracy Hass stated that staff's presentation for the land use stands for the zoning, and staff recommends approval. There were no questions from Commission members. Acting Chron. Mather opened and closed the public hearing at 8:26 pm as there was no public input. There was no motion forthcoming from the Commission, and Acting Chmn. Mather commented that this rezoning will move on to City Council for their action. D. QUASI-JUDICIAL HEARING - Site Plan Review - Re-submittal of Century 21 Office Building -Fellsmere Rd - Lots 1,2,3, Block 185 Mickey Capp, Randy Mosby, and Tracy Hass were sworn in by Acting Chron. Mather at 8:27 pm. Randy Mosby, of Mosby and Associates, gave presentation on this site plan, and noted additional landscaping and buffering since it was submitted a year ago. He provided and artist's rendering of the structure. Atty. Stringer noted that the alley behind this site could probably now be accessed, and Mr. Mosby indicated that the applicant would like to have this access. Tracy Hass gave staff presentation noting that staff is in favor of utilizing the alleyway at this location. He indicated that the only changes in this site plan are the landscaping and a slight redesign in the building to comply with the CR 512 overlay standard. He also noted the one condition noted in the staff report. There was discussion about the roof material and signage and hedge along CR 512. 16. Orderly Development: The proposed rezoning is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to industrial property and convenient access to Roseland Road. 17. Public Interest: The proposed rezoning is not in conflict With the public interest. 18. Other Matters: 19. 20. 21. The requested land use change am consistency with the future land use ma Roseland Road via Gibson Street will mi accompanying rezoning will provide of the comprehensive plan. Access to ~imize traffic impacts in the area. The proposed land use change will create a slightly greater impact on the water, wastewater, drainage and soli~ waste facilities. Analysis: C.N. Kirrie, on behalf of 5.14 acres of land from PS to IN. The the Knights of Columbus facility located City limits, via Roseland Road access. designation to iN to accommodate ash< property to the north, south and west a C.N.K. Inc., is requesting a rezoning of ~roperty in question is the former site of on Gibson Street along the far Northern The owner wishes to change the zoning ~p and warehouse facility. The adjacent 'e zoned Rose-4 (county), which allows for combined residential/commercial uses. The property to the northeast has an iL (county) designation and is currently a solid waste transfer station. The property to the east is designated IN (city) and is home to an industrial park. Conclusion: The requested rezoningifrom PS to IN is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. recommends ' Recommendation: Staff the City Council approve the requested rezoning of the subject parcel from PS to IN. PREpARE//D BY 4 10. 11. 12. 13. 14. 15, (3) Wastewater: Applicant may be required to connect to county utilities if they become available in the future. Therefore, this would be a positive impact by reducing the number of potable wells. (4) Stormwater: The level of service standard is the same for all development; therefore, no greater impact is expected by the proposed rezoning. (5) Recreation: No impact. (6) Solid Waste: No change in impact expected. (7) Other: Conformance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. Changed Conditions: Land Use Compatibility: To the northeast and east of the parcel lies land designated for Industrial use within unincorporated Indian River County and incorporated City, containing a transfer station and various industrial/manufacturing facilities. The proposed land use classification allows similar uses and is therefore compatible with the neighboring land use classifications. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Adequate Public Facilities: The public facilities are adequate for the requested rezoning. The proposed use is not expected to impact existing public facilities, Natural Environment: The proposed rezoning will not significantly impact the natural resources. Economic Effect: There will be a greater economic impact created by the land use/zoning change. The existing land use allows for non-taxable public facilities and Iow intensity semi- public facilities and the proposed will allow higher density industrial development, which will create a more significant tax base. 3 North: East: South: West: d. Adjacent Properties Zoning Rose-4 IN Rose-4 Rose-4 Site Characteristics (1) (2) (3) (4) (5) (7) (s) Currel3t Lsnd Use Transfer S:ation(County) Industrial Park Vacant (County) Residentia/Vacant Total Acreage: Current Land Use(s): Soil: Vegetation: Flood Hazard: Water Service: Sanitary Sewer Service: Parks: HCP - ¼ mile Police/Fire: Future Land USe L-2 IN L-2 L-2 5.14 acres Vacant Knights of Columbus facility Myaka Pine, Oak, Scrub, Palm Zone X Qn-site well On-site septic Sebastian Police - 6 miles Indian River Fire - 5 miles Comprehensive Plan Consistency a. Future Land Use: INS b. Level of Service (1) (2) Traffic: The proposed does not represent a significant increase or decrease in the amount of trip generation rates, as it is similar to the existing traffic generation rates for t3e PS zoning classification. Potable Water: I Applicant may be require~d to connect to county utilities if they become available in the future. Therefore, this would be a positive impact by reducing the number of potable wells. 2 = 6. 7. 8, HOMF. OF Pr~LICA~ ~ Growth Management Department Rezoning Application - Staff Report Project Name: C.N.K. Inc. Requested Action: Rezoning from PS to IN Project Location a. Address: Lot 17, Block 30, AA Berry Subdivision b. Legal: See Survey c. Indian River County Parcel Number: 21-30-38-00006-0170-00003.0 Project Owner: C.N. Kirrie P.O. Box 144 Roseland, Florida 32957 (561) 589-5547 fax: (561) 589-6467 Project Agent: Same as above Project Engineer: Project Attorney: Project Description Narrative of proposed action: C.N. Kirrie, on behalf of C.N.K. Inc., is requesting a rezoning of 5.14 acres of land from PS to IN. The property in question is the former site of the Knights of Columbus facility located on Gibson Street along the far Northern City limits, via Roseland Road access. The owner wishes to change the zoning designation to IN to accommodate a shop and warehouse facility. The adjacent property to the north, south and west are zoned Rose-4 (county), which allows for combined residential/commercial uses. The property to the northeast has an IL (county) designation and is currently a solid Waste transfer station. The property to the east is designated IN (city) and is home to an industrial park. b. Current Zoning: PS SEC ~ ...... , ~*~ ........... ~ .... ~,... ~ O6 % % WALM. ART % % Pen'nit Application No. 11. Would the proposed amendment adversely affect the property values of the area, the general health, safety and welfare and impact the financial resources of the city? If so, describe how. Does the proposed amendment result in an ordedy development pattern? not, describe.~ If 13. Attached the following: a. A vedfied statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. b. Attach a list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. c. A survey and legal description of the property for which the land use amendment is being requested. l ForTh CD-2008 "~' ! Approved: 8/27/97 Revision: P~ge 3 o1' 3 Comp, Plan A~nencl. ¢l_and use) PTle Name: Sicpalu Permit Application No. ~ 7. Would the proposed rezoning result in a significant adverse impact on the natural environment?. If so, describe the 'mpact ,/~ .. 8. Would the proposed rezoning adversely affect the property values of the area, the general health, safety and welfare arid impact the financial resources of the city? If so, describe how. .9. Does the proposed rezoning result in ar ordedy development pattern? describe. ~-~ If not, 10. Attach the following: a. A vedfied statement showing each and every individual person having a tForm CD-20'IT Ap_proved: $/27/9T legal and/or equitable ownership application for rezoning is sought which case the names and addre sufficient. b. A list of the names and addre: ~ Revision: ~terest in the property upon which the except publicly held corporations, in ~ses of the c~rporate officers shall be sos of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. . A survey and legal description oflthe proper'by to be rezoned. Page 2. of ~ File Name: $irezone Permit Application No. Supplemental Information Rezoning Request ATTACH ADDiTiONAL PAGES IF NECESSARY. 1. Proposed zoning: 2. Is the proposed rezoning consistent with the comprehensive plan? If not, which one(s)? other elements of the 3. Is the proposed rezoning in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant [o the proposed amendment? ~,~,/~, $ /¢/,~ ~,., ,,' ,~ ~o.*., ~ ~ c ~ ~ Is the proposed rezoning compatible with the existing or future land uses of the city? If not, why not? Are there adequate public facilities to serve the proposed land use? which one(s) are not adequate? If not, Form CD-20'I7 F Page 1 of 2 I Rezoning Approved: 8/27/97 I Revision: L File Name: Sirezone Permit Application N~. The following is required for all comprehensive plan amendments~ zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. SUBJECT QF THIS APPLICATION, HEREBY AUTHORLT. E EACH A.N,D =v'ERY MEMB=:~ ur -nm .. ~ ..... ' ,~ "'7 ~-~.~JC~L~ ................. CH'Y OF SF_BA-~TIAN fTHE 'BOARD /'"CQc4MISSION~) TO PHYSICALLY ENTER UPON THE PRbPERTY ANO VIEW TH~ PROPERTY IN CONNECTION wr~ L, Ct'/OUR PENDING A~PLICA'FION, [/'VVE HERE. BY WAIVE ANY OBJECTION OR DEFENSE IJVVE MAY' HAVE, DUE TO THI~ QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULT[NO FROM ANY ~OARD/COMMISSION M~-~MEER ENTERING OR VIEWING THE PROPER'fY', INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTTVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTFFU'TION WERE 'vlOLA'r~D BY SUCH EN'C=--RING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY CQERCIQN APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE Ct-Pr' OF SEBASTIAN. S m personally known to~e or produced ois t.o ~nd ~bscdh_~efore me by Q -/~. ~ILP--~--L~ Pdnted Name of Nota~ CommJ~ion No./~piration .... Seal: [-Form CD-200"I . Approved: I ~le Name: Doe B. Project Personnel: Agent: Name: Address Phone Number. ( E-Mail: A~omey: Name; Address Phone Number:. ( ) E-Mail: Engineer: Name: Address Phone Humbert ( ) E-Mail: Surveyo~ Name: Address Phone Numben ( ) E-Maih ) ,~'~ ' -~---,k'-¢'¢ 7 FAX Humbert ( FAX Num0en ( ) - FAX Number:. ( ) FAX Number. ( ) - Permit Application No. I, ~//~/{/~'/~/~ /"('~ . BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: ~ J AM T"HE~ OWNER · AM ~ ~GAL REPRES~NTATIV~ OF ~E OWNE~ OF THE PROP~R~ DESCRIBED WHICH APPUCA~ON, ANO ~AT A~ THE INFQR~T1ON, ~PS, DATA ANB/QR ACCURA~ AND TRUE TO THE BEST OF ~ ~OWLEDGE AND BEL/EF, SigR~TU~E ~ORN TO AND SUBSCRIBED BEFQRB ME BY O.~. ~¢~l~ ~ IS PErsoNALLY ~OW~TO ME OR PROOUCED ~ IOEN~FIcATION, THIS ~ DAY OF NOg~ ,~ COMMIS~./~PI~T1ON LA~p~v~; 08~T/gT [ Revi~ien: I Rle Name; DCa Permit Appli~tion No. City of Sebastian Development Order Application Applicant (if not owner, written authorization (notarized) from owner is required) Name: C, //~, /~/'/'t,'~ . Phone Number:. (5~!) ~¢'g~-.j'J' ¢~, 7 FAX Number:. E-Mail: Owner (if d~?;ic~nt) Name: Address: Phone NumbeF. ( ) FAX Numhen ( E-Mail: lType of permit or action requested: PLE_A~E COMPLETE ONLY 'CHOSE SECTIONS WHICH ARE NECESSARY ~QR THE. PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS. DRAWINGS, ETC. SHALL BE A-I-['ACHED AND 81/2' aY 1 1' COPIES OF ANY A~%'ACHMENT$ SHALL 8E INCLUDED. ATTACH THE APPRO~=RIATE SUPPLEMETAL INFORMATION FORM. IA. Project's Name (if applicable): B. Site Information Lot: / ~. Block: ~ O Unit: Indian River County Parcel ~ Zoning Cla~ifi~tion: Future Land Use: Existing Use: Description of proposed activity and purpose of the rec{uested permit or action (attach extra sheets if necessary): DATE RECEIVED:/..L/_~t,~__~ CD.2001 08/27/97 FEE PAID: $ i .~o2¢. Page '1 of 3 RECEIVED Development Applicat]'on FFle Name: Dca I [ Revision: Section 6. EFFECTIVE DATE. Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective one day following the effective date of Ordinance 0-01-03. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this __ February, 2001. by Councilmember and, day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Waker Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney G. The proposed use will not adversely affect the property values in the area, or the general health, s~ety and welfare of the City or lhave an adverse impact on the financial resources of the City. H. The proposed use will result in an orderl~ and local development pattern. NOW TItEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, IND~N RIVER CO[INTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: Lot 17, Block 30, AA Berry Subdivision, indian River County, Florida, Tax Parcel ID # 21,30-38-00006-017.3-00003.0 Containing 5.14 acres, more or less. Section 2. DISTRICT. The real property described in this Ordinance is hereby rezoned from PS (Public Service) to IN (Industrial). Section 3. ZONING MAP. The official City Zoning Map shall be amended to reflect this change in zoning district. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted, the remainder of this Ordinance without said' invalid or Unconstitutional provision, thereby causing said remainder to remain in full force and effect. '~ ORDINANCE NO. 0-01-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOT 17, BLOCK 30, AA BERRY SUBDMSION, CONTAINING 5.14 ACRES MORE OR LESS, FROM PS (PUBLIC SERVICE) TO IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR I~ARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERAB]LITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, CNK, Inc., has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WltEREAS, the City Council as made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. City of Sebast Subject: Second reading for Ordinance No. O-01-04, rezoning request from PS to IN for Lot 17, Block 30, AA Berry Subdivision (former Knights of Columbus location), containing 5.14 acres more or less. :ian, Florida Agenda No. ~)/' 0~2~ Department Origin: Grgwt3h~ Management Date Submitted: January 10, 2001 v~ for Sub~iffal by: , /~-~~ For Agenda of: February 14, 2001 Exhibits: O-01-04, Application for Rezoning, Location Map, Staff Report and P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None " C.N. Kirrie, on behalf of C.N.K. inc., is requesting ia rezoning of 5.14 acres of land from PS to IN. The property in question is the former site of the Knights of_Columbus facility located on Gibson Street along the far Northern City limits, via Roseland Road access. The owner wishes to change the zoning designation to IN to accommodate a shop and warehouse facility. The adjacent property to the north, south and west are zoned RoSe-4 (county), which allows for combined residential/commercial uses. The property to the fiortheast has an IL (county) designation and is currently a solid waste transfer station. The property to the east is designated IN (city) and is home to an industrial park. Attached you will find an application for rezonil~g, a detailed staff report and a location map. The planning and zoning commission held a public hearing for the requested land use change at their regular meeting on January 04, 2001. RECOMMEND]ID ACTION Hold a quasi-judicial public hearing and second re;ding and move to adopt Ordinance No. O-01- 04. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 4, 2001 Acting Chmn. Mather reopened the public hearlng at 8:16 Pm for Jackie James to speak again. He closed the public hearing at 8:17 pm., / Acting Chmn. Mather asked for a motion on this issue. There was no motion made. There was discussion to make a motion to approve, deny or continue. Atty. Stringer suggested that it could be moved on to City CoUncil without a recommendation. Acting Chmn. Mather stated that this CommisSion would move this land use change on to City Council without a motion from the P & Z Commission. There was no objection to. this action. A break was taken at 8:18 pm. All members returned at 8:25 pm and the meeting resumed. C. PUBLIC HEARING - Recommendation to City Council - Proposed Rezoning - 7701 130m Street- C.N. Kirrie- Public Service to Industrial Tracy Hass stated that staff's presentation for:the land use stands for the zoning, and staff recommends approval. There were no questions from Commission members. Acting Chmn. Mather opened and closed the public hearing at 8:26 pm as there was no public input. There was no motion forthcoming from the Commission, and Acting Chmn. Mather commented that this rezoning will move on to City Council for their action. D. QUASI-JUDICIAL HEARING - Site Plan Review - Re-submittal of Century 21 Office Building- Fellsmere Rd- Lots 1,2,3; Block 185 Mickey Capp, Randy Mosby, and Tracy Hass were sworn in by Acting Chron. Mather at 8:27 pm. Randy Mosby, of Mosby and Associates, gave ipresentation on this site plan, and noted additional landscaping and buffering since it was submitted a year ago. He provided and artist's rendering of the structure. Atty. Stringer noted that the alley behind this site could probably now be accessed, and Mr. Mosby indicated that the applicant would like to have this access. Tracy Hass gave staff presentation noting that ~taff is in favor of utilizing the alleyway at this location. He indicated that the only changes in this site plan are the landscaping and a slight redesign in the building to comply with the CR 512 overlay standard. He also noted the one condition noted in the staff report. There was discussion about the roof material add signage and hedge along CR 512. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 4, 2001 In response to a question from Mr. Barrett, it was noted by Ms. Smith that these residents are residents of Roseland and not of Sebastian. 'Mr. Richard Smith inquired about the public notice letters sent from the City, and it was noted that there were no letters of objection in the Growth Management Department. There was also a public notice published in the newspaper. Marianne Yakso, 7805 130"~ St., or Gibson St., Roseland, and not a Sebastian resident, whose property is adjacent to the subject property, spoke in objection to this land use. She also indicated that she did not receive a public hearing notice. Ms. Seibert, 7610 129th St, Roseland, spoke against this issue, as did Martin Maidell; Doris Henry, 7853 130~ St.; George Eskelson, 7805 129th St.. Randy Mosby, Mosby and Associates, was present and noted that he does not represent Chris Kirrie, but is present on another issue on tonight's agenda. He is a resident of Sebastian and has practiced engineering in the City of Sebastian for twenty (20) years. He spoke of the lack of developable industrial propert) in Sebastian, and gave a favorable opinion of this land use change from an unbiased engineering perspective. He offered other information on past zoning in that area, and refuted some information offered by residents tonight. He noted that he was the engineer who designed the Knights of Columbus building presently on this site, and spoke of environmental issues and St. John's jurisdiction on wetlands on this site. He noted that these issues would be addressed during the site plan review process. He recommended that this P & Z Commission vote in favor of this land use change.. There was some further discussion from persons who had already spoken. Ms. Jackie James, a resident of Roseland, asked questions to Which Atty. Stringer responded. Ms. James expressed her opinion against this land use change, and her desire to keep Roseland as it is. Barbara Banfield, 7405 129th St., Roseland, voiced her opposition to this land use change. C. N. Kirrie returned to the podium and responded to comments made previously by local residents and property owners. He spoke of his residence in this same area and noted that he would not do anything that would endanger other residents because it would.also endanger him. Marianne Yakso returned to the podium and offered some rebuttal to Mr. Kirrie's comments. Acting Chmn. Mather closed the public hearing at 8:07 pm. Atty. Stringer offered some insight into some basic zoning theory, and the ability to buffer the rear portion of industrial property. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANLARY 4, 2001 Mr. Todd Brognano, Ameron Homes, was present representing the applicant, and gave a presentation· Jan King gave staff presentation which recommended approval. There was discussion on deed restrictions, an¢ other issues. MOTION by Vesia/Smith I make a motion that we approve the a~cessory structure for Richard and Cynthia Brognano at 19 Carl Court, San Sebastian Spdngs. Roll call: Mr. Barrett - yes Mr. Mahoney - yes Mr. O'Donnell - yes Mr. Smith - yes Ms. Vesia - yes Ms, Carbano - yes VC Mather - yes The vote was 7 - 0. Motion carried. B. PUBLIC HEARING - RecommenCation to City Council - Comprehensive Plan Amendment - Land Use Change - 7701 130thStreet (Knights of Columbus) - C.N. Kirrie- Institutional to Industrial Mr. C. N. Kirrie was present and gave a presentation and noted the industrial type uses already present on 130th Street. ~ / Tracy Hass gave staff presentation and recom~nended approval. Commission members discussed several issues with staff. / Acting Chron. Mather opened the public hearin~g at 7:26 pm. Ms. Susan Smith, 7677 130th or Gibson Street, spoke in objection to the proposed Comprehensive Plan amendment. She questkmed the mention of five (5) acres from the Public Notice letter she received, and referred to Ordinance 0-87-24 (1987) which noted 2.65 acres having been rezoned, and asked fo, clarification. Tracy Hass noted that according to Randy Mosby, who was in attendance at this meeting, the subject property was annexed inl~o the City as two separate parcels, at two different times. ~ Ms. Smith went on to express her reasons for objecting to this land use change. She also read into the record nine letters from i surrounding property owners .who also · st objected: Emily Johnson, 13376 81"t Ave.; May Marcelllno, 13375 81 Avenue; Frank Martin, 8095 130t~ St.; Mary Nunley, 7655 1~0t" St.; Martha Ann Genger, 12980 81st Court; Chds and Mary Lou Keefline, 12965 81~t Ave.; Cletis Seibert, 7610 129~ St.; Madeline Jo Gregor, 7630 129"' St.; and EmilyiBass, 7815 129t~ St. 19. 20, 21. Analysis: C.N. Kirrie, on behalf of C.N.K. Inc., is requesting a land use change from INS to IN for 5.14 acres of land. The property in question is the former site of the Knights of Columbus facility located on Gibson Street along the far Northern City limits, via Roseland Road access. The owner wishes to change the land use designation to IN to accommodate a shop and warehouse facility. The adjacent property to the north, south and west have a future land use designation of L-2, Iow density residential. The property to the northeast has a CI designation (county) and is currently a solid waste transfer station, The property to the east is designated IN (city) and is home to an industrial park. Conclusion: The requested land use change from INS to IN is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. Recommendation: Staff recommends the City Council approve the request for the land use change of the subject parcel from INS to IN. DAT 4 11. 12. 13. 14. 15. 16. 17. 18. Changed Conditions: Land Use Compatibility: To the northeast and east of the parcel lies land designated for Industrial use within unincorporated Indian River County and incorporated City, containing a transfer station and various industrial/manufacturing facilities. The proposed land use classification allows similar uses and is therefore compatible with the neighboring land use classifications. ~ There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. / Adequate Public Facilities: The public facilities are adequate for the requested land use change. The proposed use is not expected to impact existing public facilities. Natural Environment: The proposed land use change will not significantly impact the natural resources. Economic Effect: i There will be a greater economic impact created by the land use change. The existing land use allows for non-taxable public facilities and iow intensity semi- public facilities and the proposed will al ow higher density industrial development, which will create a more significant tax base. Orderly Development: The proposed land use change is con~ the proposed land use change provi location of the site adjacent to Indus' Roseland Road. Public Interest: The proposed land use change is not in Other Matters: ~istent with the comprehensive plan and 'les for orderly development given the :rial property and convenient access to conflict with the public interest. The requested land use change anI accompanying rezoning will provide consistency with the future land use ma of the comprehensive plan. Access to Roseland Road via Gibson Street will minimize traffic impacts in the area. The proposed land use change will cre; tea slightly greater impact on the water, wastewater, drainage and solid waste fasilities. 3 c. Adjacent Properties 10. Zonincl North: Rose-4 East: IN South: Rose-4 West: Rose-4 Site Characteristics Current Land Use Transfer Station(County) Industrial Park Vacant (County) Residential/Vacant (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency f. g. h. Future Land Use: Traffic Circulation: Public Facilities: Housing: Consistent Consistent Consistent Consistent Coastal Management: Consistent Recreation and Open Space: Consistent Conservation: Consistent Intergovernmental Coordination: Consistent Conformance with Code of Ordinances: Consistent Future Land Use L-2 IN L-2 L-2 5.14 acres Vacant Knights of Columbus facility Myaka Pine, Oak, Scrub, Palm Zone X On-site well On-site septic HCP - 1/, mile Sebastian Police - 6 miles Indian River Fire- 5 miles = 6. 7. 8. HOMI~ OF ?F..I.I~i ISLAND Growth Management Department iComprehensive Plan Amendment Application Staff Report Project Name: C.N.K. Inc. Requested Action: Land Use Change from INS to IN Piroject Location a, Address: Lot 17, Block 30, AA Berry Subdivision b. Legal: c. Indian River County Parcel Number: / Project Owner: C.N. Kirtle P.O. Box 144 Roseland, Florida 32957 (561) 589-5547 21-30-38-00006-0170-00003.0 fax: (561) 589-6467 Project Agent: Project Engineer: Same as above N/A Project Surveyor: Project Description Narrative of proposed action: C.N. Kirrie, on behalf of C.N.K. Inc., is requesting a land use change frcm INS to IN for.5.14 acres of land. The property in question is the former site of the Knights of Columbus facility located on Gibson Street along the far Northern City limits, via Roseland Road access. The owner wishes to change the land use designation to IN to accommodate a shop and warehouse facility. The adjacent property to the north, south and west have a future land use designation of L-2, Iow density residential. The property to the northeast has a Cl designation (county) and is currently a solid !waste transfer station. The property to the east is designated iN (city) and is home to an industrial park. Current Zoning: PS SEC SS 01 , WALM. ART t: Permit Application No. __7. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed __8. Is the proposed amendment compatible with the existing or future la~d uses of the city? If not, why not? ~,, Are there adequate public facilities to serve the proposed 'land use? which one(s) are not adequate? ~' /~----~"' If not, 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, desc~be ~e impac't. ~ Form CD-2008 Approved: 8/27/97 t Revi$ion: Page 2 O! 3 · JComp. Plan Amend. (Land Use) File Name: Sicpaiu Permit Application No. Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. ~ 2. Proposed land use map designation: ~ 3. Size of project in acres: Descdbe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. Is the proposed amendment consistent with the comprehensive plan? If not, which one(s)? f/-f~ ~, other elements of the Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? 7¢~_ IForm CD..£008 Approved: 8/27/97 Page ~ of 3 Revision: IComp. Plan Amend. (land Use) ¢iie Name: Sicpalu Permit Application The following is required for all comprehensive plan amendment=~ zoning amendment (including rezoning), site plans, conditional -se pecmit~, special u~e permit~s~ variances, ex~eption~ and appeals. I/WE. ///'THE OWNER(S) THE LEGAL REPRESENTATIVE OF ,-HE OWNER OF THE PROPER..,'{Y..._DE_SCRIIBE~ WHIC~H, IS.T-HE SUBJECT OF THIS APPLJCA'FION, HEREBY AUTHORrT~.~EACH A.N,D =-VERY MEMBE~ OF THE BOARD/COMMISSiON OF THE Cf"Cf OF SEBASTIAN (THE BOARD ~'COMMISSiON'} TO PHYSICALLY ENTER UFON' ~'~-tE AND VIE~ THE PROFERTY IN CONNECTION WITH MY/OUR FENDING A,~PLJCA~ON. [/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE IA/VE MAY HAVE, DUE TO THE QUASI-JUDiCIAL NATURE OF THE PROCEEDINGS, RESUL~NG FROM ANY BOARD/COMMISSION MF-JvlBEtR ENTERING OR V1EVVING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUFLAL OR SUBS~Ah/'T'IVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITLFr'ION WERE V'IQL.A'T~D BY SUCH ENTERING OR VIEVVING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION AFPLjED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR QFF~CIAL OF THE CFFY' OF SEBASTIAN. SIGNATURE S m ~w~o is to aCd subscd~ dP...~_efore me by (2 .N , ~lJ~.~4~' pemonally knawn :~e or produced as l~n,,fi~tion, th,s /~~davof NOV~~ ,~~ ~ ~ Notaw's Signature ~~ Printed Name of Notaw Commi~ion No./~piration Seal: Eon'n CD-2OO'f I Page 3 of $ Ap~rovect: 08/27/97 I Revision: Developmen: App/ic.a :Jori File Name: Doe D. Project Personnel: Agent: Name: Address Phone Numiaen ( E-Mail: Attorney: Name: Address Phone Numben ( ) E-Mail: Engineer:. Name: Address Phone Numbe~. ( ) E-Mail: Surveyor: Name: Address Phone Number;. ( ) F-Mail: ) -JT~' ' .S--_S-~ 7 FAX Numben Permit Application No. FAX Numhe~. ( ) - FAX Numbe¢.. FAX Numben. ( ) I, ~"'-/~/t"", '_,~,~ /'¢" , BEING FIRST DULY SWORN, DEPOSE AND ~Y ~A%: ~ I AM %NE OWN~ ~ I AM ~E ~GAL REPRESENTA~VE OF ~E OWNER OF ~E PROPER~ DESCRIBED WHICH IS ~E SU~ECT ~R OF ~lS ACCURATE AND ~UE TO ~E BEST OF ~ ~OWL~DGE AND BE~EF. S'WORN TO AND SUBSCRIBED BEFORE ME BY CI ~ IS PERSONALLY IGNOW~TO ME OR PRODUCED AS IDeNTIFICATioN, %41S / DAY OF NOTAR~S SIGNA~RE PRIN~D NAME OF NOTARY COMMISSI~~PI~T1ON L App~v~: 08~7/g7 ,:Tie ~ermi~ ~pplic~dan Nm City of Sebastian Development Order Application - Applicant (If not owner, written authorization (notarized)! from owner is required) Phone Numbe¢. (.3~ r E-Mail: ) ,.~;~9'"d"'-C P' 7 FA.X Number:. FAX Number. ( ) - Owner (If different from ap~icant) Name: ~/~/~/~ AdOre&s: Phone Numben ( ) ' E-Mail: Type of permit or action requested: PL~SE COMPL~E ONLY THOSE S~C~ONS WHICH ARE NECESSARY FOR ~E PERMIT OR AC~ON t~T YOU ARE REQUESTING. COPIES OFALL ~PS, SURV~S, D~WlNGS, ~C. SHALL BE A~ACHED AND 81/2' BY 11" COPIES OF ANY A~ACHMENTS SHALL BE INCLUDED. ~ACH ~E APPROPRIA~ ~UPPL~AL INFORMA~ON FORM. Project's Name (if applicable): B. Site Information Lot: Block,: Unit: IF 3o Indian River Gourlty Parcel ~ Zoning Cla~ifi~tion: E. xi~in g Use: subdivisiom -o12o- ooP* J. ~ Future Lan0 Use: C. Description of proposed acdvi~ and purpose of the requested permit or action (a~;ach exl:~a sheets if · DATE RECEIVED: [/ /_U_/da iForm CD,.2OO'I A¢¢r~ved: 08127/~7 t Revi:~ion: Page ~ of 3 ; t DevelOpment : J File Name: Dca Section 7. EFFECTIVE DATE. This Ordinance shall take effect following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council within the time limits imposed by Florida Statute 163.3187(3)(c). The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe BarcZYk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this February, 2001. day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. QUALIFICATION AS SMALL SCALE AMENDMENT. The application for a Comprehensive Plan amendment filed by CNK, Inc., qualifies as a small scale amendment under Florida Statute Section 1'63.3187 (1) (c).. Section 2. AFFECTED PROPERTY. The small scale amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, noW lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: Lot 17, Block 30, AA Berry Subdivision, Indian River County, Florida, Tax Parcel ID. 4/21 ~30-38-00006-0170-00003.0 Containing 5.14 acres, more or less. Section 3. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to IN (Industrial) for tl~e affected property as described above. Section 4. NOTIFICATION. Within ten (10) working days a2ter adoption of the Plan Amendment, the City shall transmit five (5) copies of the Plan Amendments to the Department of Community Affairs as provided in Florida Statutes Section 163.3187(1)(c)(2)Co) and 163.3184(7). Th~ City shall also submit one copy to the regional planning agency and to any other perlon or entity that has filed a written request with the governing body for a copy of the Plan Section 5. CONFLICT. All or( herewith are hereby repealed. Amendment. [inances or parts of ordinances in conflict Section 6. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that {he City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. ORDINANCE NO. O-01-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF TI~E COMPRE]~ENSIVE PLAN FOR LOT 17, BLOCK 30, AA BERRY SUBDIVISION CONSISTING OF 5.14 ACRES, MORE OR LESS, TO IN (INDUSTRIAL) FROM INS (INSTITUTIONAL); AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of CNK, Inc., for a small scale amendment, to change the land use for certain property, as reflected on the Future Land Use Map from INS (Institutional) to IN (Industrial); and WIIEREAS, the application qualifies as a small scale amendment under Florida Statutes Section 163.3187(1)(c); and WHEREAS, the City Council has considered the criteria identified in the Land Development Code and Florida Statutes Section 163.3187(1)(c) together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed small scale Plan Amendment and has conducted a final public hearing to receive citizen input; and WE[EREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan together with the recommended findings of its staff; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Plan, as set forth in the small scale amendment application, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. City of Sebastian, Florida Subject: Second reading for Ordinance No. O-01-03, a small-scale amendment to the comprehensive plan which amends the future land use map to Industrial (IN) for Lot 17, Block 30, AA Berry Subdivision (former Knights of Columbus location), containing 5.14 acres more or less. Ap v~~'r Submitt_~b~ Agenda No. ~f. 10~,~t4' Department Origin: Gly. O,wth Management Tracy E. Hass ~~ Date Submitted: January 30, 2001 For Agenda of: February 14, 2001 Exhibits: O-01-03, Application for Comprehensive Land Use Change, Location Map, Staff Report and P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None ~i REQUIRED: None None ~ SUMM C.N. Kirrie, on behalf of C.N.K. Inc., is requesting of land. The property in question is the former site Gibson Street along the far Northern City limits, v change the land use designation to IN to accon land use change from INS to IN for 5.14 acres of the Knights of Columbus facility located on Roseland Road access. The owner wishes to tmodate a shop and warehouse facility. The adjacent property to the north, south and west have a future land use designation of L-2, low density residential. The property to the northeast has a CI designation (county) and is currently a solid waste transfer station. The property to the ieast is designated IN (city) and is home to an industrial park. Attached you will find an application for comprehensive land use change, a detailed staff report and a location map. The planning and zoning corrbnission held a public hearing for the requested land use change at their regular meeting on January 04, 2001. RECOMMENDED ACTION Hold a public hearing and second reading and move to adopt Ordinance No. O-01-03. HOME OF PF.~CAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Ordinance No. O-01-05 - Designating City Clerk as Records Management Liaison Officer ~~ ~_ _ nager Exhibits: Proposed 0-01-0, Agenda No. 0/~ Department Origin: City Clerk Date Submitted: 2/5/01 For Agenda of: 2/14/01 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Ordinance No. O-01-05 was passed on first reading on January 24, 2001, and scheduled for second reading and public hearing on February 14, 2001. The public hearing was advertised in the Press Journal legal notices on January 31, 2001. RECOMMENDED ACTION After conducting a public hearing .... Move to adopt Ordinance No. O-01-05. ORDINANCE [NO. O-01-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, SECTION 2-2, POWERS AND DUTIES OF THE CITY C!LERK, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes Section 257.36 (5) (a) requires the City of Sebastian to designate a Records Management Liaison Officer (RMLO); and WHEREAS, the City Clerks Office is currently working to establish a new Records Management Program Procedures; and WHEREAS, although the City Clerk has historically acted in the capacity as RMLO, thers is no specific designation in Section 2-2; and WHEREAS, additional clean-up of this section lis needed since the city clerk acting in the capacity of tax collector is no longer relevant to the position. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follow~: Section 1. That section 2-2 of the Code Of Ordinances is hereby amended to read as follows: "Sec. 2-2. Powers and duties of city clerk. The city clerk shall perform the duties of clerk of the council, and receive all minutes and documents from all boards, commissions or committees appointed by the city manager and/or the city council, and in that capacity shall give notice of city council and other meetings to its members and the public, keep the journal of its proceedings, and shall keep and maintain all official documents for the city. In addition, the city clerk is des.!~ln.~_t~__a_.~ th..~e c.. tyl.s, E.e...c, prds Mana. gement L a, son ,Officer, may perform the duties ef tax cellecter, city s~pervisor of elections and such other and additional duties as are assigned to the city clerk by the Charter or by the city council. The city clerk shall have such powers as are confirmed by the Charter, ihis Code of Ordinances and by the Florida Statutes, as presently constituted or hereafter amendedi" Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately following 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: The Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. Mayor thereupon declared this Ordinance duly passed and adopted this ,2001. CITY OF SEBASTIAN, FLORIDA day of ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Relia~QcZl by the City of Sebastian Only: Rich Stringer, City Atto~:~ey Page -2- Ch. 257 PUBLIC'LIBRARIES AND'STATE ARCHIVES {c) Analyze, develop, establish, and coordinate' standards, procedures, .and techniques of recordmaking and recordkeeping. (d) Ensure the maintenance and security of records which are deemed apprOpriate, for preservation. (e) Est.,eh safeguards against unauthoriz. ,or. unlawful removal or:loss of .records. .... . . (f) Initiate appropriate action 'to recover recc~rds removed unlawfully .or without authorization. -(g) Institute and maintain attaining and information program in: 1.. All phases-of records and information manage- ment to bring 'approved .and current practices, meth- ods, procedures, and devices for the efficient and .eco- nomical management of records to the attention o! all agencies~.. 2. The requirements relating to access to public records under chapter 119. (h) Provide a centralized-program of microfilr~ing for the benefit of all agencies. (i) Make continuous surveys of recordkeeping operations. (j) Recommend improvements in curmntmcerds management.' practices, including the use of space, equipment, supplies, and personnel in creating, main- taining, and servicing records. (k) Establish and maintain a program in coopera- tion' with each agency for the' selection and preserva- tion'of records considered essential to the operation of government and to the protection of the right-s and'privi- leges of citizens. (I) Make, or have made, preservation, duplicateS, or designate 'existing copies as preserva, tion dupli- cates, to be preserved in the Place and manner of safe- keeping as prescribed by the division. (2)(a) All records transferred to the division may be held by it in a records center or centerS, to be desig- nated by it, for such time as in its judgment retention therein is deemed necessary. At such time as it 'is established by the division, such .records as 'are. d~ter- mined by.it as-having historical or other value war~nt- ing continued preservation shall be transferred teL(he Florida State Archives. (b) Titleto any record detained in any records cen- ter shall remain in the agency transferring such'reCOrd to the division. (c) When a record held in a records center is eligi- ble for destruction, the division shall notify, in writing, by certified man, the agency which transferred the record. The agency Shall' have 90 days'from receipt of ~that notice to respond requesting continued' 'retention or authorizing destruction or disposal of the record. I~the agency does not respond within that time, title to the record shall pass to'the division. (3) The division may charge fees fo~ supplies and services, including, but not limited to, shipping contain; ers, pickup, delivery, reference, and storage. Fees shall be based upon the actual cost of the supplies and services and shall be deposited in the Records Man- agement Trust Fund. ' (4) 'Any preservation duplicate of any record made Pursuant.'to this chapter shall have the same fome and effect for all purposes as the original record. A tran- script, exemplification, or certified copy vation duplicate shall be deemed, for all pu~ be a transcript, exemplification, or certified { original record .... "-'- (5) Forthe purposes of this section. cy~ shall mean any state, county, officer, .department, division, bureau, board sion, or other separate unit of government', established by law. It is the duty of each a (a) Cooperate with the division in corr the provisions of this chapter and desi management liaison officer. ~ {b) t:stabl~sh and maintain an active an~ program for the.economical and efficier of records. (6) A public record may be destroyed disposed 'of only in accordance with retenti ules established by the division. The adopt reasonable rules not inconsistent ter which shall be binding on all agencies destruction and 'disposition of records. provide, but'not .be limited to: (a) ' Procedures for complying and division .records-retention schedules. (b) Procedures for the physical disPosal of records. ""~ 'J' (c) Standards for the reproduction of security or with a view to the disposal of thc ord. Hlgtory.---s. 5, ch. 67-50; ,~. 10. 35. ~'1~. 69-106; ~ 4. ch $3-339; s..46,, ch, 86-163; s. ~,, ch. 9$-~DS. s 34, ch. 200(;.258. ' Note,---Former s. 267.051. 257,37 Legislature is cognizant of the tact instances where an agency may be micr '.d.i destroying public records or pertorming management 'programs pursuant to acts. The'Legislature is further aware that'it possible to implement this chapter in its diately .upon its enactment, and it is not the' intent by'this chapter to disrupt the and destruction of public records or special acts above referred to, agencies.make no further disposition without approval of the Division of Library an tion Services~of'the Department of such rules and regulations as it may, HiatuS.---s. 1%Tch: 67-50; SS. lC. ":[5, Ch. SO.lOS: -'. NUte.~Former. s..267,10. : ,."' ~ 257,375 Records Management There is hereby.created within the and Information Services a Records M~ Trust Fund which shall consist of fees ords management and archival services. ited in the 'Records Management used to .support the programs of records and information manag Hj~tary.,---s. 28, Ch. 86-163. 257.~O Library cooperatives; is the'intent of'the Legislature to and informational needs of the encouraging and assuring coop{ 824 for the d~ intent of ti to meet ti be met indel; the strength of with rog local autor or statewid( of cc state ,.cooperative ct ch. 92.11C... Library c~ ~raries that nonpr~ res( of mo ,combination and pul: ?;.The Division )f the Departm ru elig to re( a certific~ standard,~ Regular City Council Meeting January 10, 2001 Page Three 01.003 C. Presentation by Charter Communications - Update on Improvements Ken Vickers, General Manager, Charter Communications, distributed a map exhibiting completed areas and a mailout that had been distributed to 6000 homes in the City; and gave a lengthy presentation on the cable improvements which he stated, should be in place by January 29, 2001. He requested to be scheduled for the February 14, 2001 meeting for the City's first live broadcast on the new government access channel. He then responded to concerns from Council relative to customer service. Julianne Barrett, asked if everyone will need a box and Mr. Vickers said it will be necessary for pay per view and digital service only. o1.0o4 D. Presentation by Intemational Association of Chiefs of Police - Dispatch Study The City Manager said this is a synopsis of the study only, and, for the record, any future arrangements to be made either way would be done so during budget adoption; and requested that any public input be withheld at this time. Dr. Robert Ford reviewed the report as presented to City Council (see attached). Tape II - Side I (8:30 p.m.) Chief White noted that personnel from the Sheriffs Department were available in the audience to respond to questions. Dr. Ford responded to questions and concern from Council and a lengthy discussion followed. It was requested that before any decisions are made, information relative to prior City Council action on the dispatch matter be distributed to Council. Chief White was asked to provide telephone numbers for Dr. Ford and Sheriff's personnel to City Council for their use in the review of the matter. Mayor Barnes called recess at 9:08 p.m. and reconvened the meeting at 9:25 p.m. All members were present. 01.005 o CITY ATTORNEY MATTERS A, Reports: Ovemrown Lots (Memo) The City Attorney briefly reviewed language that had been previously addressed. Mr. Hill said his concern was primarily for older residents who are not capable of cutting back nor paying for cutting back vegetation that is encroaching onto their property. Other members agreed with him, however, the City Attorney inquired what level of encroachment it would consider a problem and what action would be taken to address the problem. He was asked whether there are current nuisance codes which might address this. Tape II - Side II (9:35 p.m.) Regular City Council Meeting January 10, 2001 Page Four The City Attorney said that piling of yard trash is covered by the nuisance ordinance; and advised that perhaps some community effort could be established through groups such as Boy Scouts, o1.00~-" Mayor Barnes suggested that Council review backup and that this item be placed on the February 14, 2001 agenda for discussion, Council concurred. Construction Damage to Roads The City Attorney said he was still working on language for this ordinance. The City Attorney received a 5-0 voice vote approval to submit an application for the Board of Governors for the St. Johns Water Management District, 01.007 CITY MANAGER MATTERS ' A, Presentation bv Buildinq_Director, George Bonacci - Portable Sanitarv Facilities The Building Director cited direction from a former Building Official in 1986 to require portalets on construction sites as allowed by the Southern Building Code. He advised that portalets do not leak waste if they fall over on their sides, and recommended that restrictions on portalets in right- of-way be repealed due to lack of enf0meability. Se 10, Mayor Barnes requested that this be CITY CLERK MATTERS None, CITY COUNCIL MATTERS A. Vice Mayor Bishop None. ~laced on the February 14, 2001 agenda. B, Mr, Barczvk None. C, Mr, Hill None, D. Mr, Maicher Mr. Majcher asked if it had been determined and the City Clerk reported that the informatiol new City Council after the March election, hat Indian River County boards require alternate members will be compiled prior to the first regular meeting of the Regular City Council Meeting January 10,2001 Page Four The City Attorney said that piling of yard trash is covered by the nuisance ordinance; and advised that perhaps some community effort could be established through groups such as Boy Scouts. Mayor Barnes suggested that Council review backup and that this item be placed on the February 14, 2001 agenda for discussion. Council concurred. 01.006 Construction Damage to Roads The City Attorney said he was still working on language for this ordinance. The City Attorney received a 5-0 voice vote approval to submit an application for the Board of Governors for the St. Johns Water Management District. CITY MANAGER MATTERS 01.007 A. Presentation by Building Director, Geor(~e Bonacci - Portable Sanitary Facilities The Building Director cited direction from a former Building Official in 1986 to require portalets on construction sites as allowed by the Southern Building Code. He advised that portalets do not leak waste if they fall over on their sides, and recommended that restrictions on portalets in right- of-way be repealed due to lack of enforceability. Mayor Barnes requested that this be placed on the February 14, 2001 agenda. 9. CITY CLERK MATTERS None. 10. CITY COUNCIL MATTERS A. Vice Mavor Bishop None. B. Mr. Barcz,/k None. C. Mr. Hill None. D. Mr. Majcher Mr, Majcher asked if it had been determined what Indian River County boards require alternate members and the City Clerk reported that the information will be compiled prior to the first regular meeting of the new City Council after the March election, 4 City of Sebastian, Florida Subject: Approve ranking and authorize contract negotiations with a Stormwater Management Consultant. Depaxtment Origin: ator Date Submitted: January 30, 2001 For Agenda of.' February 14, 2001 Exhibits: Professional Services Tabulation EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A NONE StJMMARY The City of Sebastian consists of a 9,000 acre water shed which lies between the west shore of the Indian River Lagoon and the south prong of the St. Sebastian River. The City, in conjunction with, and under contractual agreement with the St, John's River Water Management, is desirous of developing a sound stormwater management plan which wilt address environmental concerns, flood control procedures, maintenance operations, and financial options to achieve these goals. In order to accomplish these goals & objectives, the City solicited Request for Qualifications from Florida Licensed Professional Engineering Firm's (in accordance with 287.055 F.S., "Consultants Competitive Negotiation Act"("CCNA")) for Florida Licensed Professional Engineering Firm(s) who have special experience & talent in Stormwater Master Plan Study & Preparation. A Consultant Selection Committee was formed, proposals were read, all firms were interviewed, and after due deliberation, the committee _ scored and ranked the firms in order of their qualifications, as required by CCNA. The summary of the scoring & ranking are contained in the exhibit m~atrix attached. The Selection Committee consisted of the following in alphabetical order: Mr. Ralph Brescia, PE., City Engineer; Mr. Ralph Brown, PE., SJRWMD Engineer; Mr. Mark Mason, CPA,, Finance Director; Mr. Terrence Moore, City Manager', Mr. Paul Wagner, General Services Administrator, (Team Chairman). Again under CCNA, City Council must approve the "ranking" or suggest an alternative. Approving the ranking allows contract negotiation to begin with the top ranked firm. If negotiations fail with the top ranked firm then negotiations with the second ranked firm will take place, and so forth. Once an agreement has been reached, it will be brought before City Council for approval. Obviously, the Selection Committee is looking for your support to approve the ranking as presented. RECOMMENDED ACTION Move to approve the Storm Water Management Consultant ranking as recommended by the Consultant Selection Committee, and authorize contract negotiations to proceed starting with the number one ranked Firm. HOME OF PIIJC. AN ISLAND City of Sebastian, Florida Subject: Resolution No. R-01-0! Establishing Code Section 26-35, Chapter 26, Article 11 Building C°de~x~ Exhibits: Agenda No. Department Origin: Finance ~ Building Departrne~ Date Submitted: January 31, 2001 For Agenda of: February 14, 2001 Resolution R-01-0t Establishing various Building Permit Fees pursuant to City Code Section 26-35, Chapter 26, Article H Building Code. EXPENDITURE REQUIRED: ] AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A I N/A SUMMARY Previously, the Council adopted Ordinance O-01-02 amending Section 26-35, Chapter 26, Article II Building Code for the purpose of removing the permit fees from the City Code for adoption ha resolution to maximize the ability to make potential changes to Permit Application Fee structure in future years as growth continues in the City. In addition, establishment of fees of this type are common via resolution. Included in this Resolution is a recommended additional fee for water hookups and a recommended increase in re- inspection fees and are in bold in the body of the permit fees. The process undertaken by the Finance department was to research the surrounding cities and the County for their fee structure as well as cities of similar size and growth nit~. Included in the research was the methodology ~n determining the permit fees. The results of this study determined that the permit application fees charged by the City of Sebastian via the Building department are well within the parameters of the surrounding area and other cities of a similar size with the exception of two fees as identified above. The permit application fee of $6.00 for plumbing fixtures was designed for single fixtures within a structure. As the number of water hookups rise, the $6.00 charged barely covers the cost of issuance of a permit let alone the cost of inspection. We are recommending a separate Charge of $20.00 for a Water Service Connection Permit within the permit fee resolution. In addition, the mount charged for re-inspections is lower than others by $10.00 and are recommending an increase from $25.00 to $35.00 to keep us in line with the rest of the County. Move to adopt Resolution R-01-0 I, RECOMMENDED ACTION RESOLUTION NO. R~01-01 A RESOLUTION OF THE CITY i OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING VARIOUS BUILDING PERMIT FEES PURSUANT TO CITY coDE SECTION 26-35 CHAPTER 26 ARTICLE II BUILDING CODE;I PROVIDING FOR REPEAL OF RESOLUTION OR PARTS OF RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. O-01-02 provided for the removal of the various building permit fees from the Code of Ordinances of the City of Sebastian; and WltEREAS, Ordinance No. O-01-02 w~s adopted on February 14, 2001; and / WHEREAS, an analysis of fees charged in other areas of the County and surrounding areas as well as the cost of issuing permits has b~en studied; and WHEREAS, it has been determined that! the building permit fees are well within the parameters of cost of issuance and in line with surrounding areas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. ESTABLISHMENT OF !THE CITY OF SEBASTIAN BUILDING CODE PERMIT APPLICATION FEES SCHEDULE: The City Council of the City of Sebastian, hereby establishes the following fees for Building Code permit applications pursuant to City Code Section 26-35 Chapter 26 Article II Building permit: $ 0.00-- 100.00 Building Code: ~unt Fee $ 10.50 100.00-- 499.00 15.00 500.00-- 1,999.00 24.00 2,000.00-- 2,999.00 36.00 3,000.00-- 3,999.00 4,000.00-- 4,999.00 5,000.00-- 5,999.00 6,000.00-- 6,999.00 7,000.00-- 7,999.00 8,000.00-- 8,999.00 9,000.00-- 9,999.00 10,000.00-- 10,999.00 11,000.00-- 11,999.00 12,000.00-- 12,999.00 13,000.00-- 13,999.00 14,000.00-- 14,999.00 15,000.00-- 15,999.00 16,000.00-- 16,999.00 17,000.00-- 17,999.00 18,000.00-- 18,999.00 19,000.00-- 19,999.00 20,000.00-- 20,999.00 21,000.00-- 21,999.00 22,000.00-- 22,999.00 24,000.00-- 24,999.00 48,.00 60.00 72.00 81.00 90.00 99.00 108.00 117.00 126.00 135.00 144.00 153.00 162.00 171.00 180.00 189.00 198.00 207.00 213.00 219.00 231.00 25,000.00-- 25,999.00 237.00 26,000.00-- 26,999.00 243.00 27,000.00-- 28,000.00-- 29,000.00-- 30,000.00-- 31,000.00-- 32,000.00-- 33,000.00-- 34,000.00-- 35,000.00-- 36,000.00-- 37,000.00-- 38,000.00-- 39,000.00-- 40,000.00-- 41,000.00-- 42,000.00-- 43,000.00-- 44,000.00-- 45,000.00-- 46,000.00-- 27,999.00 28,999.00 29,999.[0 30,999.~0 31,999.00 32,999.60 33,999.(t0 34,999.ii0 35,999.i~0 36,999.(~0 37,999.00 38,999.00 39,999.00 40,999.00 41,999.00 4.2,999.00 43,999.00 44,999.00 45,999.00 46,999.00 249.00 255.00 261.00 267.00 .273.00 279.00 285.00 291.00 297.00 303.O0 309.0O 315.00 321.00 327.00 333.00 339,00 345.00 351.00 357.00 363.00 47,000.00-- 47,999.00 48,000.00-- 48,999.00 49,000.00-- 49,999.00 50,000.00-- 50,999.00 51,000.00-- 100,999.00 101,000.00--1,000,999.00 $1,O01,O00.O0--and over 369.00 375.00 381.00 387.00 $387.00 + $6.00per $1,000.00 valu~ion overS51,000.00 $687.00 + $3.00per $1,000.00 v~ugion over $101,000.00 $3,387.00 + $1.50 per $1,000.00 valugion over $1,001,000.00 Electrical and other permits : Amount Temp permit Service changes up to: 200 amps from 201 to 800 amps over 800 amps Fee $0.45 per amp. 100amp.=$45.00 150amp.=$67.50 200amp.=$90.00 7.50 12.00 18.00 3.00 each 100 amps Additional air conditioner Service change and small additions Complete remodeling Or rewiring of building Plumbing permit Water Service ConneCtion Fee Well permit SePtic tank and drainfield permit Hose bibs permit Sewer and water permit Driveway permit Fence permit Swimming pool permit: Demolition or razing Re-inspection fee tilding permit Pools up to 15,000 gallbns Pools over 15,000 gallons 12.00 12.00 plus 0.45 per outlet Same as new wiring and electrical installations 6.00 per fixture 20.00 30.00 30.00 6.00 30.00 30.00 15.00 15.00 35.00 each visit 105.00 150.00 SECTION 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. This Resolution shall take effect on March 1, 2001. The foregoing Resolution was moved for adoption by Council Member Motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted tl'fis February, 2000. day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: Rich Stringer, City Attorney City of Sebastian, Florida Subject: Approval of final plat for phase Agenda No. four of Collier Creek Subdivision. /k,_.,/d for S.~~~~/ Department Origin: Growth Management Engineering City Attorney Date Submitted: 01/30/01 For Agenda of.' 02/14/01 Exhibits: Resolution No. R-01-09, Final Plat EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Adams & Associates Developers Inc. has applied for final plat approval for phase four of Collier Creek Subdivision. More accurately described as a replat of a' portion of Sebastian Highlands Unit 16, as recorded in plat book 8, page 45-45J, public records of Indian River County, Florida. The subdivision is located north of Englar Drive along the Collier Waterway. Phase four includes the recording of 34 lots and is the fourth phase within the seven-phase Collier Creek Subdivision. The City's Surveyor, City Engineer, Growth Management Director and City Attorney have reviewed the subject final plat and find that it complies with applicable City and State regulations. RECOMMENDED ACTION Move to adopt Resolution R-01-09 and transmit signed plat for recordation. RESOLUTION NO. R-01-09 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROV-LNG THE FINAL PLAT FOR A SUBDMSION KNOWN AS COLLIER CREEK ESTATES PHASE FOUR, A REPLAT OF A PORTION OF SEBASTIAN HIGItLANDS i UNITS 16; PROVIDING FOR CONFLICTS HEREWITH; PROVIDiNG FOR EFFECTIVE DATE. WHEREAS, Adams and Associates Developers, inc., has filed an application for approval of a final plat for a subdivision known ai Collier Creek Estates Phase Four; and WHEREAS, said subdivision is a replat ~fa portion of Sebastian Highlands Units 16 as recorded in Plat Book 8, pages 45-45J, public tee ords of Indian River County, Florida; and WHEREAS, said final plat complies with NOW THEREFORE, BE IT RESOLV~ OF SEBASTIAN, as follows: Section 1. FINAL pLAT APPROV~ Sebastian does hereby approve the final plat for James A. Fowler as maintained on file with the Ci Section 2. CONFLICT. are hereby repealed. Section 3. EFFECTIVE DATE. upon its adoption. applicable State and City codes and regulations; gD BY THE COUNCIL OF THE CITY iL. The City Council of the City of Collier Creek Estates Phase Four prepared by :y Growth Management Department. All resolutibns or parts of resolutions in conflict herewkh This resolution shall take effect immediately The foregoing Resolution was moved for &doption by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: Mayor Walter Barnes Vice-mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. MajcheL Jr. . and, upon being put into a The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of February, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Permit Application No. City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized} from owner is required) Address: E-Mail: FAX ~lumber. ( ) - Owner (If different from applicant) , Name: Address: 'Phone Number:. ( ) - FAX"l[lumber: ( IType of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'CI'A~HED AND 81/2' BY 1 1" COPIES OF ANY A'I-i*ACHMENTS SHALL BE INCLUDED. A~'ACH THE APPROPRIATE SUPPLEMETAL i~FORMATION FORM. A. Project's Name (if applicable):cd_,j///~<' c- ~ ~ ~__~'~ p/~_~ ~_~ ~ ~.J, B, Site information Address: Lot: Block: Unit: SubdivisiOn: Indian River County Parcel #: Zoning Classification: Existing Use: Future Land !Use: Proposed U~e: C. Description of proposed activity and, purpose of the ~'equested permit or action (attach extra sheets if co.ECEIVED: / roved: 08/27/97 I Revision: Page 1 of 3 Development Application File Name: Doa Permit Application No. Project Personnel: Agent: Address Phone Number;. ( E-Mail: Attorney: Address Phone Number:. ( E-Mail: ~. / ~ FAX Number:. ( ) Engineer: Name: · Address Phone Number: ( E-Mail; FAX Number:. ( ) Surveyor: Name: Address Phone Number:. ( ).~,~ -~,~ ~7,/~/ E-Mail: FAX Number:. ( ) AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA ANDJOR SKETCHES PROVIDED IN THIS APPLICATION ARE AC~UJ~TE AND~UE T~T-HE~ST OF MY KNOWLEDGE AND BELIEF. SWORN TO_AN'B-8~BSCI~BE__D_..._BEFORE ME BY - ~'Oj~-/~J AS ~oENT~"lCAT~oN,'~'--~TH~S ~ ~AY O. ~~? , ~ . . PRINTED NAME Of NOTARY ~ ~~~' ~~ ~~_L~;~ COMMISSION NO.J~PIRATION ~ ~ I Fo~ C~200~ [ Page: of 3 [ DeVelopment Application [ Appmv~: 08~7/97 J Revision: I File Name: Doa 'I;IOME O[ t~rd, ICAN 1514kI~11) City of Sebastian, Florida Subject: Public Works Compound 2 °vem;7' Agenda No. ~/-05q Department Origin: Public Work~)) Financ~~ Date Submitted: February 6, 2001 For Agenda of: February 14, 2001 Exhibits: · Quote from Ranger Construction EXPENDITURE ' BUDGET AVAILABLE: REQUIRED: $39,496 $9,061 APPROPRIATION REQUIRED: $30,435 SUMMARY In October 1998, for Fiscal year 1998/1999, a Capital Improvement Project for the Public Works Compound was approved as part of the budget process in the amount of $129,360 with an estimated completion date two years later. A drainage permit dictated the term from St John's River Water Management District. The primary purpose of the improvements was the erection of a 40' x 100' storage building with additional site plan improvements for road grading/paving, paved parking area, creating a retention pond, landscaping, irrigation and water hookup. In May 1999 a six-month or md-year budget adjustment was prepared. In conjunction with the budget adjustment additional funds, i.e. special revenue funds and capital project funds, were established to better track the receipts and expenditures of specific revenue sources as well as specific projects. As a result of the budget adjustment analysis, it was discovered that capital projects had been over-budgeted by $493,547. Following a conference with the City Engineer and Public Works Director on immediacy of the projects in process and the funding required to complete them, several capital projects were reduced in order to complete immediate need projects with the understanding that these same reduced projects would be programmed for additional funding at a later date in order to complete. The Public Works Compound was one of the projects reduced. The original budget of $129,360 was reduced to $95,000 for the immediate requirement of pouring the slab and erecting the building, constructing the retention pond as well as water hookup and an irrigation system. It is understood that any remaining work to be done on the Compound Improvements could have been presented v/a the budget process, however, several factors were against us during that time period for preparation of the new estimates to complete. One such factor was personnel shortages (down five maintenance workers) and the necessary focus of the department on installing fourteen side yard culverts in a seven month period of time while keeping up with the various swale projects needing to be done. In other words, the compound improvements were not at the top of the priority list. ~ As a result of the reorganization of Public Works, the oversight necessary to complete the work is in place, the paving contractor is on site repaying various road~, the concrete contract has been implemented and the ability to assign additional tasks, since we are almost fully manned, has afforded us this opportunity to go forward and complete the improvements within the next month. In addition, one part of the funding is in place from the budget process, the chemical room ~ $4,400, which is needed to comply with EPA & OSHA standards. This funding source will collapse into the Compound Improvements Project. The budget remaining on the project, $4,660 will also provide funds leaving au appropriation of $30,435 to complete the project. A couple of capital projects,, such as FY98 to FY00 Drainage Improvements ~ $31,361 and FY98 to FY00 Side Yard Culvert Pipes at $51,278, now completed have provided sufficient budget sav/ngs to complete the work as well as accumulated budget savings from prior years. In addition, approval of Addendum 1 to the Ranger Contract in the amount of $17,321.20 to pave the compound will be required. Following is a breakdown of the remaining projects, their funding sources and the total appropriation necessary to complete the work. Cos'r to Funding Appropriation Project Complete Available Required CompoUnd Fencing !,632 1,632 -- Compound Paving 20,902 -- 20,902 Landscaping 6,530 1,797 4,733 Chemical/Gas Building 9,200 4,400 .4,800 Painting 1,232 1,232 -- Totals 39~,~4~96 9,061 .... 3.0,43~ RECOMMENDED ACTION Move to appropriate $30,435 to complete the Compound Improvements Project and authorize Addendum 1 to the Ranger Construction Contract in the mount of $17,321.20. Ranger Construction Industries, Inc. P. O. Sox 14589 4510 Glades Cut-Off Rd Ft Pierce, FL 34979-4589 Quotation and Contract Phone: (561)464-6460 Fax: (561)466-9559 Submitted To: Address: Contact: CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 JERRY CANVENSE Date: Phone: Job Name: Job Location: Prop. Owned By: Estimate #: 1853 12/1/00 (561)589-7464 Fax: (561)589-6209 PUBLIC WORKS COMPOUND SEBASTIAN, FL NEW ASPHALT PAVING - Parking Lot area of approx. 3,331 Sq. Yards, work to include.: installation of 1 1/2" of Bituminous Con~.rete (Asphalt) in 1 Iii(s), 1 1/2" of Type S-El (S-I if>/=l.5"). PKIME - Parking Lot area (approx. 3,331 Square Yards), work to include: Applicatio= of EPK-1 prime (no sand required). $4.85/S¥ $16,155.35 $0.35/S¥ $1,165.85 Page 1 of 4 Ranger Construction Industries, P, O. Box 14589 4510 Glades Cut-Off Rd Ft Pierce, FL 34979-4589 Illc, Quotation and Contract Phone: (561)464-6460 Fax: (561)466-9559 Submitted To: Address: Contact: CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 JERRY CANVENSE Estimate #: 1853 Date: 12/1/00 Phone: (561)589-7464 Fax: (561)589-6209 Job Name: PUBLIC WORKS COMPOUND Job Location: SEBASTIAN, FL Prop. Owned By: The total bid price is: $17~321.20 Special Notes: * As the original base was designed and previously installed by others, Ranger cannot guarantee this asphalt surfacing against possible future cracking, settlement, drainage problems, minor bird baths or root heave by adjacent plant materials. We do, however, guarantee r~ur own work against all defects in materials and workmanshiP for a pedod of one year. This guarantee does not apply to the emergence of grass or other plant materials through the asphalt laYer. * In order to provide the best possible service to our customers, we thlslproposal be executed and returned no less than 30 days prior to anticipated start of work. Ranger Construction Industries, Inc. P. O. Box 14589 4510 Glades Cut-Off Rd Ft Pierce, FL 34979-4589 Quotation and Contract Phone: (561)464-6460 Fax: (561)466-9559 Submitted To: Address: CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 Contact: JERRY CANVENSE * Terms & Conditions of Contract: Date: Phone: Job Name: Job Location: Prop. Owned By: Estimate #: 1853 12/1/00 (561)589-7464 Fa~: (561)589-6209 PUBLIC WORKS COMPOUND SEBASTIAN, FL 1) It is expressly agreed that there are no promises, agreements, or understandings not set out in this contract. Any subsequent cancellations, or modifications, must be mutually agreed upon in writing. 2) Unless a lump sum price is to be paid for the foregoing work and is clearly so stated, It is understood and agreed that the quantities referred to herein are estimates only and that payment shall be made at the stated unit price for the acutal quantifies of materials utilized and work performed by Ranger as determined upon completion of the work. 3) Changes in labor classification or assignment of work by anyone other than Ranger will establish a basis for re-negotiation of pdces set forth in this contract. At the sole option of Ranger, this contract may be cancelled in the event that said changes or assignment occur or in the event that said re-negotiation is deemed unsatisfactory by Ranger. 4) In the event that any work is done by Ranger under this agreement, or any side amendment, which work is on public property, the Customer / Owner agrees and understands that the project properb/which It owns shall be charged with ali indebtedness hereunder. 5) Unless spedifically stated in a bid Item, this quotation does not include any engineering layout, testing, as-built drawings, permits, fees or bond. 6) Due to the volltillty in the price of petroleum products, the price of asphaltic concrete herein Is qualified as follows: if at the time of perfromance of the work, the cost of liquid asphalt exceeds that used in this quotation by 10%, Ranger, at Its option, may request payment for the differential in excess of the 10%, plus a reasonable overhead and profit. Ranger will provide documentation with such request for compensation. 7) Unless otherwise stated, guarantee period for all work performed under this proposal is one (1) year. Guarantee does not extend to the emergence of grass or other plant materials through the new asphalt layer. 8) Unless ohterwtse agreed, Customer will bear any additional expense not covered by this quotation and incurred by Ranger as a result of performance of work under conditions adverse to the expedient prosecution of Ranger's work which are beyond Ranger's control (including adverse weather and delays by others). 9) If, for causes beyond Ranger's control, the work covered by this proposal is not completed within twelve (12) months after the date of acceptance of this proposal, Ranger may cancel this agreement at any time thereafter on ten (10) days written notice. 10) In the event of a misunderstanding or conflict between the terms and conditions stated in the plans and specifications, this contract shall govern. 11) Ranger shall be provided with suitable access to the work area. If Ranger's work is dependent upon, or must be undertaken in conjunction with the work of others, such work shall be performed and completed so as to permit Ranger full access to its work herunder in an uninteruptad single shift operation. Any deviation from said access shall be cause for claim for additional compensation. 12) Unless e specific time for performance of Ranger's work is stated, Ranger shall undertake this work in the course of Its normal operating schedule. Ranger shall not be liable for any failure to undertake or complete work due to causes beyond its control, including, but not limited to misinformation supplied by the Customer or its agents, failure of subgrade, and failure or inadequacy of Page 3 of 4 Ranger Construction Industries, Inc. P. O. Box 14589 4510 Glades Cut-Off Rd Ft Pierce, FL 34979-4589 Quotation and Contract Phone: (561)464-6460 Fax: (561)466-9559 Submitted To: Address: CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 Contact: JERRY CANVENSE any labor or materials not furnished and installed by Ranger. CustomE Date: Phone: Job Name: Job Location: Prop. Owned By: Estimate #: 1853 12/1/00 (561)589-7464 Fax: (561)589-6209 PUBLIC WORKS COMPOUND SEBASTIAN, FL r further agrees to pay any legal fees incurred by Ranger in defending against such liability, i 13) Unless otherwise stated herein, payment terms are net cash upon Ireceipt of Ranger's invoice. All monies not paid when due shall bear interest at the maximum rate allowed by law at the project, 14) If an agent and/or attorney is employed by Ranger for collection ofiany delinquent payment, Customer agrees to pay in addition to any service charge, all fees for the services of such agent and/or attorney (including, but not limited to all fees and costs incident to any appeals) together with all costs, charges and expenses, regardles~ of whether or not suit be brought. 15) This quotation and agreement shall be governed by the laws of th; State of Flodda without regard to principles of conflicts of laws. Venue of all proceedings shall be in Palm Beach County, FL an~J Customer waives whatever dghts it may have in the selection of venue and hereby consents to jurisdiction, Bid based on one (1) mobilization for prime truck. Additional mobilizations required by the customer's scheduling will be billed @$125.00. TERMS: Net cash 30 days upon completion and receipt of invoice, no ret,' ESTIMATE EXPIRATION: This estimate is valid for 60 days. MOBILIZATIONS: Price based on a 1 mobilization(s). Any additional mob SALES TAX: Prices include the applicable Flodda sales tax on materials ~ Unless otherwise indicated, the prices on this proposal apply only to work Ranger Construction Industries, Inc.. Any work to be performed in succee( inage to be held. Subject to credit approval. Iizations that may become necessary, will be $1,000.00 per mobilization. md other related taxable Items to be used on this project. ompleted before the end of the 2000 paving season, as determined by ling years will require new agreements. ACCEPTED: The above prices, specifications and conditions are satisfactory enci are hereby accepted. Buyer Signature Date of Acceptance CONFIRMED: Ranger Cons, t~-~o, Indust~ utho zsd I Title Dave A. Schutta, Chief Estimator, Central City of Sebastian, Florida Subject: Derelict Boat Removal Approved for Submittal by: :Moore, City~Man_gttger Exhibits: Bid Tabulation Sheet EXPENDITURE REQUIRED: $28,600. Agenda No. 0/. t~O Department Origin: City Engineer Ralph N. Brescia /,~, ~.ept. Head: ~' .~'.~ F,nance: General Services: ~~ ' Date Submi~ed: 01/30/2001 ]For Agenda of: 2/14/2001 BUDGET AVAILABLE: $31,094. APPROPRIATION REQUIRED: 0 SUMMARY On January 22, 2001 bids were received from two compames for the removal of thirteen derelict vessels in conjunction with a grant obtained from the Florida Fish and Wildlife Conversation Commission. The low bidder was Adventure Environmental, Inc. of Key Largo with a bid of $28,600. Staff recommends the selection of Adventure Environmental, Inc. as the contractor to remove these derelict vessels in conjunction with the bidding documents and the Grant Agreemem between the City of Sebastian and the Florida Fish and Wildlife Conservation Commission. This project is fully funded by this Grant. RECOMMENDED ACTION Move to award the contract to Adventure Environmental, Inc. to remove derelict vessels in the amount of $28,600. VENDOR 00-20 Derelict Boat Removal Bid Opening January 22, 2001 2:00 IP.M. BID TABULA~-TIoN SItEET Adventure Environmental, inc. 10 Pigeon Drive Key Largo, FL 33037 305-451-9500 BID AMOUNT $28,600.00 Sebastian Tow-Boat & Salvage 5925 U.S. Highway #1 Grant, FL 32949 561-473-7007 $29,900.00 City of Sebastian, Florida Subject: Authorize change order to the Golf Course Renovation Project & authorize appropriation amount. Agenda No. /,~/. 0 ~ / Airport Manager;,~'-~!~ Finance Direeto/;M~e~ Date Submitted: February 8, 2001 For Agenda of.' February 14, 2001 Exhibits: Links Construction Proposal EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $214,706.50 -0- $214,706.50 SUMMARY The City of Sebastian enjoys an immediate opportunity to receive funding from the Florida Department of Transportation (FDOT) Aviation Grant Program to implement numerous capital improvements, including initial efforts to facilitate reopening Runway 9-27 at Sebastian Municipal Airport. Proposed relevant improvements include relocation of hote eleven (I I) and Tee Box 17 (a requirement for opening Airport Runway 9-27) at the Sebastian Municipal Golf Course. As we have already entered into a contract to completely renovate the golf course starting May 2 I, 200 I, a change order is required to accomplish the above mentioned relocation which was unknown at contract execution. First, however, let me mention the exciting aspects of relocating hole I I. Presently, the existing par three eleventh (1 I) hole is a rather straightforward hole, somewhat devoid of character, and in the grand scheme will be turned into a turf farm, The proposed new par three has the potential to be one of the best holes on the golf course, the "signature hole" of the Sebastian Golf Course, with a playing distance of up to 205 yards, and tee boxes elevated, that would offer a beautiful view of native Florida Landscapes, including a pond which will generate needed fill. At 6500 square feet, the proposed green would be a generous target. In addition to the par three, the tees located at hole seventeen (17) would also have to be moved to the south in order to accommodate the airport runway, hence, the length of the hole would be shortened, which would facilitate a proposed new green location in order to maintain ~ the length, challenge & integrity of hole seventeen !17). The new tee location would offer golfers the exciting challenge of teeing off between a "shoot" of ti'ees. When Sebastian Golf Course has the planned grand opening, golfer curiosity and excitement will be ever-increased by the promise and challenge of a new par three and relative changes. The relocation discussed above can be incorporated into the current contract with Links Construction, via a Change Order, with costs to be eventually born by a 8rant from FDOT Joint Participation Agreement anticipated for delivery within the next two weeks. Su~cient funds are available utilizing Airport funds to float the project. Original contract amount with Links Construction for Golf Course Renovation - Change Order amount for above discussed relocation which includes: Hole #1 I Relocation - #17 Tee Relocation - Alternate # :1- New Contract amount $587,000.00 $151982,00 $ 30,040, 50 $ 32,684.00 $801,706.50 There will be no change to the original closing and opening of the Golf Course as a result of this action. RECOMMENDED ACTION Move to authorize a Change Order in the amour~ relocation of hole I I & relative changes associated ti' J funds to accomplish this project. of $214,706.50 with Links Construction for the ~reto, and appropriate $214,706.50 from airport Steve VanMeter, President February 4, 2001 Mr. Greg Gardner Sebastian Municipal Go If Club 101 E. Airport Drive Sebastian, FL 32958 Reference: Golf Course Improvements Dear Mr. Gardner i would like to take this opportunity to tha~ you again for your time in showing me your golf facility and reviewing the proposed scope of work. It is my opinion the changes to your facility can be reached through a positive, creative, and artistic approach. The proposed new par three has the opportunity of being one of the best holes on the golf course. We envision elevating the tees enough to take advantage of the native surrounds and maximize vistas onto the green. The proposed lake would generate the required fill needed for the golf hole, as well, the new #17 tee area. We would recommend the new I 1th green be approximately 6500 square feet in size with bunkering protecting a back right championship pi~ placement, while leaving the majority of the green open to the higher handicap players. Moving of the 17 tees will create a shortfall of yardage on a very good par three. In order to maintain the quality and integrity of the golf course, we highly recommend the 17~ green moves back to play at least 150 yards from the back tees. We have enclosed a proposal and detailed scope for the 17th green relocation as an alternate. If the decision is made to apply any of the alternates, an additional bond fee of 1.5% needs to be added to those amounts. Do not hesitate to call if you need further assistance. Sincerely, LINKS CONSTRUCTION, INC. Steve VanMeter President SVM: jn 2517 SE Delano Road, Part St. Lucle, Florida 34952 (561) 335-5185 Fax (561) 3374298 ~eD O* U1 os:~3p links 5613374~S8 p.1 LINKS CONSTRUCTION, INC. PROJECT COST BREAKDOWN SHEET PREPARED FOR THE CITY OF SEBASTIAN ITEM/DESCRIPTION QUANTITY Mobilization 1 Bond 1 Erosion Control Clearing/Grubbincj 3.5 Import' Fill 24000 On-Site Excavation 24000 Rough Shaping 1 Finish Shaping 1 Greens Construction 6500 Bunker Construction 2700 Soil Amendments 1 Certified 419 Sprigs Certified Tifdwarf Spdgs 6500 Cedified 419 Sod 18000 Ba~lia Socl/Lake Banks 5000 Fumigation Drainage a. 4" solid ads j~ipe 360 .b. 6" solid acis p~e 480 d. 12" Nyloplast Basins 7 Concrete Cart Paths 100 Cad Path Disposal 100 :rrigation 1 TOTAL CITY OF SEBASTIAN HOLE #11 RELOCATION UNIT UNIT PRICE L.S. ~ $ 5,000.00 L.S. $ 3,232.00 LS. $ ACRE $ 51000.00 C,Y. $ $ 1.65 $12,250.00 $ 5,500.00 $ 3 80 S.F, $ 1.75 g.s, 2.100.00 L,S. $ 4,50G.00 S.F 0.18 S.F $ 0,32 S.F, $ 0,28 L.S. $ L.F. EACH L.F. L.S. 4,00 6.50 28000 $ 10.75 $ 8.00 $17,450 O0 2/4/01 AMOUNT 5,000,00 3,232.00, - 17,50(3.00 39,600.00 12,250.00 5,500.00 23,400.00 _ 4.725.00 2 100~00 4.500,00 1,170.00 5.760,00 1.400.00 $ ~ .440,00 $ 3 120.00 $ 1.960,00 ,075.00 800.00 $ 17,450.00 $151,982.00 LINKS CONSTRUCTION, INC. PROJECT COST' BREAKDOWN SHEET PREPARED FOR THE CITY OF SEBASTIAN ITEM/DESCRIPTION QUANTITY Bond 1 Erosion Control 1 Clearing/Grubbing 1 Import Fill 4670 On-Site Excavation 4670 Rough Shal3ing Finish Shaping 1 SOil Amendments 1 Certified 419 Spri~qs t Certified 419 Soci 5000 TOTAL 2/0401 CITY OF SEBASTIAN GOLF COURSE # 17 TEE RELOCATION UNIT UNIT PRICE L,S, $ 735,00 L.S, L.S. $ 5.000.00 C,Y. $ C.Y. $ 1.65 L.S, $ 4,500.00 L.S. $ 1~500.00 L.S. $ 400,00 L.S, $ 1.800.00 $.F. $ 0,32 L.S. $ 6,800.00 AMOUNT 735.00 5,000.00, 7,705,50 4,500,00, 1,500,00 400.00 1,§00.00_ 1,600,00 6,800,00 ~,30,040.~0 LINKS CONSTRUCTION, INC. PROJECT COST BREAKDOWN SHEET PREPARED FOR THE CITY OF SEBASTIAN 2/4101 ALTERNATE #1 CITY OF SEBASTIAN GOLF COURSE ALTERNATE. BID ITEMS The purpose of this item is to relocate #17 green complex in order to lengthen and enlarge this par 3. By' Relocating the 17th tees. this hole is being reduced in playing length to a sub-standard 120 yard hole. In order to maintain the quality and integrity of the golf course, it is the recommendation of Links Construction that the green complex is shifted back and left of the existing position, Cost included in this item: a, stripping and on-site disposal of existing tud b, clearing and disposal of vegetation behind green c. excavation and relocation of existing swell behind green d. earthwork and shaping to construct new 6500 square foot green e. construction of new bunker around green (2.700-3000 sq~uare feet) f. relocate irrigation system and install new items as needed g, grass green complex and all disturbed areas with certifi~ grass TOTAL ALTERNATE #1 ALTERNATE ITEM This item includes all cost associated with additional concrete cart path installation: Clear vegetation and construct ap[~roximatly 400 linear feei of 7' w~de concrete cart path from ex~sting #16 green complex area to e~sting #1 ! cart, path. It would.also require the widening of approximatlv 975 linear cf existing path that ties in with [l~e existing eh[Ponce ro~-d to 1 t' in order to accommodate b.,¢o way traffic. 32,684.00 a. clearing b. placement,of a 36" culve~ pipe in e;,tst~ng drainage c. 6700 square feet of 3000 pound - -!." thief<, concrete cart ~ath iTOTAL ALTERNATE #2 ! !,2Od.dO 1,600.00 14.45!.00 $17 251,00 City of Sebastian, Florida AGENDA TRANSMITTAL Subject: Timber clearing agreement for Airport Date Submitted: 2/8/01 For Agenda of: 2/14/01 SUMMARY: For the reasons set forth in the attached memo from the Airport Director, the City has sought to clear the timber from the Airport. The Council has previously been informed that staffhas negotiated with Georgia-Pacific to accomplish this project. However, a better offer was obtained from Atlantic Land & Timber, Inc., which is the only state-certified master logger in Indian River County. The terms of the agreement would be:1. The 100 foot scrub-jay flight corridor will be cut in accordance with the Habitat Conservation Plan. 2. A flight safety zone extending two hundred fit~y feet from the centerline of each runway will be cleared to the crest level of the runway. 3. All Australian pines and burned out timber will be removed. 4. A thirty-five foot buffer will be maintained along Roseland Road. 5. In all other areas, including leased areas if agreements from tenant are obtained, all pine trees will be removed to the maximum extent commercially feasible. 6. The City will be paid in accordance with the attached offer sheet from the logger. For informational purposes the offer from Georgia-Pacific is also attached. RECOMMENDED ACTION: Authorize City Manager to execute a contract with Atlantic Land & Timber, Inc., for logging at the Airport in accordance with the terms set forth above. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGEt TO: FROM: RE: DATE: CC: Memorandum Richard Stringer, City Attorney Jason Milewski, Airport Ma~a~ Atlantic Land & Timber PrOposal 02/08/2001 Terrence Moore, City Manager t As discussed earlier today, Atlantic Land & ~imber, Inc. has submitted a proposal to remove trees from Sebastian Municipal AirpOrt in accordance with the Florida Scrub-Jay Habitat Conservation Plan. In addition, they have agreed to remove merchantable trees from all of the airport's future industrial area~ and the runway object fi'ee areas. This will further increase the financial benefit to the a!~port, as well as prevent future spending necessary to remove the aforementioned timider. Once a contract is signed, Atlantic Land & T!mber, Inc. would be able to begin this project in approximately 30-60 days. Tim ForMelle, President, stated that the process would take about 1-2 weeks to complete. Overall, this project has the potential to promote industrial growth, increase safety for flight operations, augment fire fighting and prevention efforts, and facilitate the completion of our involvement in the Florida iScrub-Jay Habitat Conservation Plan. jm C:\My DocumentskAirport\Coorespondence\City Attorney\Timber Removal MEMO.doc PROM : ~TLAC LAND & TIHBER, Inc. PHONE NO. : 561 664 7B47 Feb. 08 2001 ATLANTIC LAND & TIMBER, INC. Managing Our Natural Resources P.O. Box 904 Roseland, FL 32957 TIM FONViELLE (561) 664-7024 Offioe (~i61) 571-9140 Mobile F~bruaryO$,200I TO: Rich Stringer -City of Sebastian FROM: Tim Fonvielle FAX#589-6209 FAX#664-7347 RE: TIMBER-Sebastian Airport Dear Rich: Atlantic Land & Timber/s pleased to offer the following price on the above referenced, tract, PULP - $ 6,00/cord , ..... CNS - $35,00/cord ' .ii': .. ':' '" PLY - $55.00/cord ~::::.! ,." The Australia~ pine can be harvested but will not provide stumpage to the landowner. If you have any questions please call me. Sinc~rely~, _. ~--~ Preisdent Paul Wa~lner .............. From: Sent: To: Subject: Addendum Cit7 of PAY AS CUT Indian Sebastian per... River County... Messier, Todd [CTMessie~GAPAC.com] Tuesday, January 23, 2001 9:02 PM 'pwag ner@cityofsebastia n .org'; river, fi.us' Timber Addendum btwn Georgi-' City of Sebastian bid doc jmilewski@cityofsebastian.org'; 'parks(~bcc,co.indian- -Pacific Corp. & City I am enclosing all info./ correspondances btwn myself and Jason. <<Addendum City of Sebastian per IR County ~ontract.doc>> <<PAY AS CUT Indian River County.doc>> <<City of Sebastian bid doc>> Please add legal description of site and make whatever modifications necessary and e-mail back for review. Let me iknow if I can help in any way at all. Timber Proposal LandowneE Tract Co.: Tract Acres: Tract Name: Total Tons.: Type sale: Rates: Harvesting Regime: Contract Term: Note: City of Sebastian Indian River +/- 75acs. Sebastian Airport +/- 396 tons Pay as cut( Per Unit Removed) Pine Pulpwd.(Mainstem)- $1.00/ton Chip-n-saw(6" DOB top)- $8.00/ton Yellow Pine Plylogs(8" DOB top)- $18.00/ton (Note: 2.78 tons per cord) Scrub-Jay Habitat Restoration Project Clearcut 6 mo.'s The above offer is confJngent upon the following: reasonable access is provided, the closing of a mutually agreeable coneacf~ and a timely closing of no more than 30 days. S£ ASTIA HOME OF I~JJCAN L~LAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Resolution No. R-01-13- Designating Classifications and Adopting Fees for Recreational Facilities in Accordance with Ordinance No. 0-00-20 A. ppr.ov~d for Submitf~i~Pby: City Manager Agenda No. ~/. 6~ Department O..~igij~:b~.. City Clerk '~' Date Submitted: 2/8/01 For Agenda of: 2/14/01 Exhibits: Resolution No. R-01-13, Ordinance No. 0-00-20 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT City Council, at its September 13, 2001 Regular Meeting, adopted Ordinance No. 0-00-20 setting out new definitions of and provisions for use of City recreational facilities. Certain provisions of that ordinance require designation of classifications of the recreational facilities in the City and adoption of fees for such use by resolution. City Manager, City Clerk, City Attorney and Parks staff have met twice and are recommending approval of the attached resolution. An application/permit form has been formulated for use of the park and if this resolution is adopted, it will be utilized for future uses. There has been a resolution in place for use of the Yacht Club/Community Center for many years. Since Ordinance No. 0-00-20 addressed use of those facilities as well, the provisions of that resolution have been included in this resolution. RECOMMENDED ACTION If City Council concurs with recommended designations and fees .... Move to adopt Resolution No. R-01-13. RESOLUTIOr NO. R-01-13 A RESOLUTION OF THE CITY OF ;EBASTiAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING CLASSIFICATIONS FOR RECREATIONAL FACILITIES IN THE CITY; ADOPTING PROCEDURES AND FEES FOR RECREATIONAL USE PERMITS;. PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council, at its SePtember 13, 2000 Regular Meeting, adopted Ordinance No. 0-00-20, amending Article I, Chapter 74 of the Code of Ordinances, Parks and Recreation - In General, setting out new provisiions for use of City ReCreational Facilities; and WHEREAS, Section 74-2 provides for designation of classification of each Recreational Facility in the City by resolution:, and WHEREAS, Section 74-6 provides for establishing reservation fees, electrical and water utility use fees, and security deposit fees by re~olution; and WHEREAS, the rules and fees set out iln the existing resolution for the Yacht Club and Community Center need to be revised. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. CLASSIFICATION FOR EACH RECREATIONAL FACILITY. accordance with City Code Section 74-2, the following classifications are designated: Recreational Facility Classification Community Center Yacht Club Barber Street Sports Complex Schumann Park Riverview Park Easy Street Park Blossom Park Hardee Park Garden Club Park Indian River Drive Boardwalk Yacht Club Pier Main Street Pier & Parking Area Rotary Club Pier EnClosed Public-Use Facility Enclosed Public-Use Facility Open Air Public Use Facility Open Air Public Use Facility Park Area Park Area Park Area Park Area Park Area Waterway Facility Waterway Facility Waterway Facility Waterway Facility in Section 2. RULES AND SCHEDULE OF FEES FOR USE OF ENCLOSED PUBLIC USE FACILITIES. In addition to those provisions set out in the Code of Ordinances, the City Council hereby adopts the following provisions governing use of enclosed public use facilities (the Sebastian Community Center and the Sebastian Yacht Club): A. It is the policy of the City of Sebastian that no waivers of the rental 'or security deposit will be permitted, except as otherwise provided for in this Resolution. B. Use permits are not transferable. C. The permittee for any function at which 76 or more attendees are anticipated shall be required to hire one or more Sebastian Police Officers to attend the function for security purposes at the rate established by the City Manager for City officers hired for private duty, unless waived by City Council. The ratio of the number of attendees to required officers is attached hereto as Exhibit "A". Verification of the agreement with the Sebastian Police Department shall be obtained by the City Clerk's office prior to issuing a key to the permittee. If the Police Department verifies that a sufficient number of School Resource Officers will be used 2 to handle security for a teen dance/function, hiring of police officers is not required. Private duty police officers shall be available for groups of any size if requested by the permittee. D. Use Rates for Community Centei and Yacht Club are as follows: Public Use Facility Community Center Yacht Club Resident Rates Four (4) hr flatirate $150,00 Each Additional hr $ 25,00 Four (4) hr flat rate $ 75.00 Each Additional hr $ 15.00 Non-Resident Rates Four (4) hr flat rate $ 225.00 Each Additional hr $ 37.50 Four (4) hr flat rate $110.00 Each Additional hr $ 20.00 E. Exemption from Rates: The Sebastian Property Owners Association is exempt from payment of fees up to a limit of two meetihgs per month at the Yacht Club based on prior agreement with General Development Corporation. F. Not-for-profit Organizations: Inithe event that the applicant is a school, church, or other tax exempt entity, as defined by the Internal Revenue Service Code, the charges for use of the Sebastian Community Center or the iSebastian Yacht Club shall be one-half (%) the regular rate. Section 2. RULES AND SCHEDULEi OF FEES FOR USE OF PARK AREAS: In furtherance of those rules and provisions set out in the Code of Ordinances for use of special eventsi the City Council hereby adopts the following park areas for park events and schedule of fees: Type of Fee Reservation Fee Electricity or Water Use Fee Park Event (50-300) Special Event (300+) $ 50.00 , $ 100.00 $ 15.00 ~ day $ 50.00 minimum subject to $ 25.00 full day increase based on intensity Security Deposit $100.00 $100.00 Further, residents may reserve use of the Picnic Pavilion at Riverview Park for a half day (four hours) rate of twenty-five dollars ($25) or a full-day for fifty dollars ($50), with a twenty-five dollar security and clean-up deposit. Section 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section4, This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: by Councilmember Mayor Walter Barnes Vice Mayor Ben Bishop Councilmember Joe Barczyk Coun¢ilmember James Hill Counoilmember Edward Majcher The Mayor thereupon declared the Resolution dully passed and adopted this 14 day of February, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk (SEAL) Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 4 EXHIBIT "A" 1. Adult functions with: Up to 75 guests ......................................... No Officer Required 76 to 250 guests ........................................ ' Officer Required 251 to 300* guests ................................... 2 Officers Required 2. High School or Jr. High Dances/Functions with: Up to 99 students ..................................... No Officer Required 100 to 199 students .................................. ! Officer Required 200 to 300* students ............................... ½ Officers Required ! *Maximum Occupancy Limits 8/16/99 - Captain Diggs, Fire Inspector of I. R. County ORDI~TANCE NO. O-00-20 AN ORDINANCE O~' TRE CITY OF SEBASTL4aN, 12NDIAN RIVER COI_INTY~ I~ORI2DA~ A.1VI~I~G ARTICLE I~ CBAPTER 74 OlW TI~ CODE OF ORDiNANCES, PARKS AND RECREATION - 1N GENERAL; ~PROV]DING FOR CONFLICT; PROVIDING FOR SEVERAB~LITY; PROVIDING I~OR A/g EFFECTIVE DATE. WI][EREAS, the City Council has determined that a comprehensive policy on the use of City recreation facilities would be in the public interest; NOW, Tm~,REFORE, BE IT ORDAINED BY TI:~'~ CITY COUNCIL OF ~ Clay OF SEBASTIAN, INDIAN RIVER COUNI~, .FLORIDA, as follows: Section 1. That section 74-1 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 74~1. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Park Areas means any and all outdoor and covered grounds and facilities owned, operated or designed by the City for the purposes of recreational or leisure activities, except those facilities designated as Waterway Facilities or _Public-Use Facilities below. Park:Event means utilization of a Recreation Facility, other than a Public-Use Facility, or any portion thereof for any planned or organized evem, other than a city-sponsored event, at which the City Manager reasonably believes between 50 and 300 persons will attend. PubBc-Use Facilities means those city properties such as the Yacht Club, Community Center and the ball fields of the Barber Street Sports Complex, that by their very nature, are generally best utilized by designated groups for meetings, sporting events or community programs. Recreation Facilities means any and all real property owned or maintained by the City for the purposes of active or passive recreation, community and civic gatherings, open space and such other traditionally related iacti~ities. However, these provisions shall specifically not apply to the Sebastian Municipal Golf Course. SpecialEvent means utilization of a Recreation Facility, other than a Public-Use Facility, or any portion thereof for any planned or organized event, other than a city-sponsored event, at which the City Manager reasonably believes more than 3 00 persons will attend. Waterway Facilities means any structure constructed on or over the waterways of the City such as a public dock, boat ramp, .seawall or boardwalk, as well any pedestrian walkway constructed or maintained by the city running over or along its waterways. Section 2. That section 74-2 of the Code of Ordinances, City of Sebastian, Florida is 'hereby amended to read as follows: Sec. 74-2. Designatiou bY Resolution The City Council shall designate by resolution the classification under this Chapter of each Recreation Facility in the City. ~ Section 3. That Section 74-3 of the C}~de of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: See. 74-3. Regulations; promulgation and approval by resolution. (a) The City Manager is hereby empo~vered and authorized to adopt, promulgate and enforce reasonable roles and regulatiot~s which shall apply to City Recreational FaCilities. (b) All rules and regulations promulgated and adopted pursuant to this article shall, in order to be effective, be posted in a conspicuous place in the area where they are intended to be effective. The existence of suc~. signs at any place wathin the City shall be prima facie evidence such signs were erecte~ or placed with the authority of the City Manager. (c) Any person violating any such rule or regulation promulgated and posted pursuant to this article shall be subject to a fn~e of up to $500.00. (d) The Cit~ Council may by resolution, remove or modify any regulation promulgated pursuant_to_this .section .......... Section 4. hereby amended to read as follows: Sec. 74-4. General Regulations for Recreational Facilities. (a)/Prohibited conduct; unlawful acts. No person shall: (1) Use profane, obscene or threatening language or conduct within the area which unreasonably interferes with the enjoyment of the Recreational Facility by others. (2) Smoke in buildings or other areas except where designated by signs Posted by the City Manager or his designee. (3) Knowingly interfere with, encumber, obstruct or render dangerous any pan of a Facility. (4) Enter or leave any park facility by motor vehicle except at established entrance ways or exits, or at established times. (5) Use'an electronic public address system or other mechanical sound amplification devices, including radios and electronic sound reproduction equipment of any k/nd at such a high volume level as to unreasonably interfere with the use and' enjoyment by others of the facility. (6) Build or set fires except on cooking grills or self-contained cooking units in specified areas or upon written approval of the City Manager. (7) Possess, consume or serve any alcoholic or intoxicating beverages in any area 'therein unless in accordance with regulations allowing the same in conjunction with a City-sponsored event, or as authorized by city permit for a function held at a Public~Use Facility. (8) Cause or permit a dog or other domestic animal, other than a service animal within the scope of Fla. Stat. 413.08, to enter the area unless such pet is maintained on a leash not to exceed six feet. (9) Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash anywhere on the grounds of the parks other than in proper receptacles provided therefor, and no such refuse or trash shall be placed in any waters in, or contiguous to, the parks or beach areas. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed'of elsewhere. (10) Drive or park any unauthorized motor vekicle on any area within any park or recreational area except desig~ted park roads or parking areas; park any motor vehicle that is not authorized by the City Manager in any area other than an established or designated parking area; or park any motor velficle that is not authorized by the City Manager within any Recreational Facility during the established hours that said area is closed to the public. That section 74-4 of the Code of Ordinances, City of Sebastian, Florida is' (11) Kide a bicycle on other than a designated vehicular road or path designated for that purpose; leave a bicycle ~n any place other than a bicycle rack when such is provided, or leave a bicycle lying on the ground or paving or any place or position so as to present any obstruction to pedestrian or vehicular traffic. , (12) ?ost public notices of a nOn-commercial nature except in designated areas and in accordance with time and place restrictions established by the City Manager. : (13) Operate a concession; sell, peddle, or solicit sell in any park without written i prior approval of the City Manager or kis designee. (1~) Bed down or sleep in parks or recreational areas including any parking area except upon written approval of the City Manager; nor shall camper macks, buses or Wailers be permitted to remain in such park/ng area between the hours of 12 midnight and 6:00 a.m. except boat wailers may remain in areas designated for the parking thereof during the time between launch and return of the watercraft it has transported. Co) $ignage. The City Manage[ is hereby empowered and authorized to regulate the use of Recreational Facilities within the context of this article by erecting or placing of signs regulating such use and hoarsl of use. (c) Violations and penalties. Violations of this section are punishable by a fine not exceeding $500.00 or imprisonment not exceeding 60 days, or both. (d) Parental liability. Parents ishall be held liable for conduct of their minor children. Section 5. That section 74-5 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: : Sec. 74-5. 2kdditional Regulations Affecting Waterway Facilities (a) Prohibited conduct; unlawful actl. In addition to the restrictions set-forth elsewhere ha this Chapter, no person shall wittfin or upon Waterway Facilities: O) (2) (3) (4) Dive or jump into the water from[such facility. Use railings or benches on piers Or fiverwalks for cleaning or cutting bait or fish. i Push, propel or ride bicycles, scooters, skates or skateboards on piers or docks. ~ Fish with more than two lines or Poles at one time on piers or riverwalks. (5) Park or dock watercraft utilized for a commercial purposes, including rental to the public, longer than reasonably necessary to launch or retreive the Co) $ignage. The City Manager is empowered and authorized to further regulate Waterway Facilities within'the context of this article by erecting or placing of signs governing their use. The existence of such signs at any place within the city shall be prima facie evidence that such signs were erected or placed with the authority of the City Manager. (c) Violations and penalties. Violations of this section are punishable by a fine not exceeding $500.00 or imprisonment not exceeding 60 days, or both. (d) Parental liability. Parents shall be held liable for conduct of their minor children. Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-6 which shall read as follows: Sec. 74-6. Park events; procedure for permission. (a) No person shall conduct a Park Event without the prior approval of the City Manager as provided in this section. (b) Any person desiring to conduct a Park Event shall submit a written application to the City Clerk on forms promulgated by the City Manager and shall pay a reservation fee to the city not less than two weeks prior to the event. If use of electrical or water utilities on site is desired, the same must be requested on the application and an additional fee shall be required prior to issuance of*he permit. The amount of reservation and utility use fees shall be established by resolution of the City Council. Any vendors that will participate in said Event must be listed on 'the application, and any structures to be erected or otherwise assembled as part of the Event must be shown in schematic form as an attachment thereto. (c) Approval for a Park Event shall be granted if, in the discretion of the City Manager, the event will not unreasonably conflict with the use of the park by the public generally adequate measures will be taken by the applicant to protect the public health, safety and welfare regarding the following: (1) Traffic and parking; (2) Solid waste collection and removal; (3) Sanitary facilities; and (4) Security. The permit may contain such conditions as the City Manager determines in his discretion will be necessary to ensure satisfaction of {hese considerations. All vendors and other Event participants must meet all applicable Permit or licensing requirements, and comply with all applicable laws, code provisions and duly -promulgated rules and regulations governing the use of the subject facility. Permits may only be issued in the name Of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. (d) In the discretion of the City M~ager, city personnel or equipment may be needed for adequate protection of the public interest in conjunction with a Park Event. The city shall be reimbursed by the applican~ for all costs of providing such personnel or equipment. The City Manager may as a condition of permit approval require that a cash bond or other suitable surety be posted wilh the city in advance of the event for the purpose of securing such reimbursement in i an amount deemed reasonable to pay such costs. (e) The City Manager shall deny an application if either 1) the event will unreasonably conflict with the use of the park by the public generally or with public policy, or 2) adequate measures cannot be ~aken by the applicant to protect the public health, safety and welfare. : (f) The City Manager may require that the applicant insure the city against damage to city property and against liability of any kind resulting from the park event activities if the activities in his reasonable judgment create a risk of injury or property damage. The limits of insurance shall be determined by the City Manager. A certificate of insurance shall be filed with the City Manage~ not less than five days prior to the event. (g) A decision of the City Manager to deny, or to grant with conditions, an application made pursuant to this section may be appealed by the applicant to the City Council. The appeal shall specify the ground~ for the appeal and shall be in writing filed with the city clerk and shall be heard at the Council's next regular meeting. The City Council shall affirm, reverse or modify the! decision of the City Manager considering whether the park event will unreasonably col~fIict with the use of the park by the public generally and whether adequate measures ~ill be taken by the applicant to protect the public health, safety and welfare. The decision of the City Council shall be final. Section 7. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-7 which shall read as follows: Sec. 74-7 Special events; procedure for permission (a) No person shall conduct a Special Evem without the prior approval of the City Council as provided in this section. (b) Any person desiring to conduct a Special Event shall submit a written application to the City Clerk on forms promulgated by the City Manager and shall pay a reservation fee to the city not less than six weeks prior to the event. I_fuse of electrical or water utilities on site is desired, the same must be requested on the application and an additional fee shall be required prior to issuance of the permit. The amount of reservation and utility use fees shall be established by resolution of the City Council. Any vendors that w/Il participate in said Event must be listed on the application. Further, any structure to be erected or otherwise assembled as part of the Event must be shown in schematic form as an attachment thereto. (c) It is anticipated that a Special Event will by its nature impact the use of the subject Recreation Facility by the pUblic generally, and will have other implications for the public health, safety and welfare. Towards that end, the applicant shall meet with the City Manager to discuss the measures to be taken regarding such public welfare issues · and compensation to the ci~ for additional costs incurred in conjunction therewith, with particulax focus on the following: (1) Traffic and parking; (2) Solid waste collection and remo~val; (3) Sanitary facilities; and (4) Security. If City resources are needed to adequately protect the public interest, the City Manager shall address how these resources will be allocated and the degree to which the applicant shall reimburse the City. Following such discussions, the City Manager shall submit the application to the City · Council with his recommendation as to whether said Event is in the best interests of the public, and also submit a proposed agreement governing mitigation measures, and financial responsibility therefor, of the public welfare issues raised by the Event. (d) All vendors and other Event participants must meet all applicable permit or licensing requirements, and comply with all applicable laws, code provisions and duly - promulgated rules and regulations governing the use of the subject facility. Permits may only be issued in the name pf an adult or legally organized organization. Any adult obtai_uing a permit on behalf of~ group comprised of minors shall be held responsible for the supervision of each mino! participating in the Event. (e) The City Council sh deny an application if the Event will unreasonably conflict with public policy of adequate measures cannot be taken by the applicant to protect the public health, safety and welfare. A decision of the City Council to deny, or to grant with conditions, an application made pursuant to this section shall be Section 8. That the Code of Ordinances, £.ity of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-[ which shall read as follows: See. 74-8. Public-Use ]~aeilities; procedure for use. (a) Application. Tiffs proce~tures set forth in this section govern all uses of enclosed ?ublic.Use Facilities, and the orgarfized and dedicated use of all open-ak Public-Use Facilities. No permit is required for the casual use of open-air Public-Use Facilities in accordance with established!regulations when said Facilities are not dedicated to a'permitted user. / (b) Leases andlntergovernmentalAgreernents. Upon a finding that the public interest will be duly served thereby, the City Council may enter into leases with non-profit organizations, as well as intergolvernmemal agreements, of up to five years' duration providing for the exclusive use of a Public-Use Facility during certain time periods. In considering whether any compensation shall be due the 'city, or the amount thereof, to off-set added maintenance,, utility or other costs, the Council shall consider the public purpose being served by the user mad the degree to which said public benefits inure to the taxpayers of the Cily rather than nonresidents. (c) Permitting process. Any person, desiring to use a Public-Use Facility except as set forth above shall submit a written application for a permit to the City Clerk on forms promulgated by the City Manager and shall pay a reservation fee to the city not less than two weeks prior.to the event. Hdwever, any use requiting Council approval pursuam to subsection (e) must be submitted not less than four weeks prior to the event. The amount of the reservation fee and remat rates for said Facilities shall be established by resolution of the City Council. Service iof food or use of kitchen facilities is not allowed unless requested in the application., and an additional fee as established by resolution of Council, may be charged. Permits may only be issued in the name Of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Evem. (d) _Prohibited use,~. No permit shall be granted for the commercial use of a Public-Use Facility, although fund-raising/or non-profit organizations shall be allowed subject to Council approval as set forth below. In the event that gambling activity is to be a part of the permitted use, the City Council shall make a determination that such activity is not in conflict with the general law of the State of Florida. (e) Cmtncilappro'val. in the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility for greater than eight hours or after 11:00 p.m., or if a charge for admission, food costs, required donation or other fee is to be assessed, then the penuit can only be issued upon approval of the City Council. (f) City Manager approval. Other than permits requiring Council approval, the City ~anager shall issue a use permit for a Public-Use Facility upon a determination that the same is consistent with the public interest and in accordance with applicable law. The permit shall be conditioned upon compliance with all applicable laws and regulations, posting of a security deposit covering potential expenses fi.om clean-up and damage in aa amount established by resolution of Council and, if the permitted activity requires the use of additional City resources, adequate provisions to off-set such associated costs. The Manager may impose Such other reasonable conditions as are necessary to protect the public interests. (g) Appeal. A decision of the City Manager to deny, or to grant with conditions, an application made pursuant to this sect/on may be appealed by the applicant to the City Council. The appeal shall specify the grounds for the appeal and shall be in writing filed with the city clerk and shall be heard at the Council's next regular meeting. The City Council shall affirm, reverse or modify the decision of the City Manager. The decision of the City Council shall be final. Section 9. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-9 which shall read as follows: Sec. 74-9. Claims against security deposit. All or part of the security deposit for any permit issued under this Article shall be forfeited to the City if it is determined by the City Manager that non-compliance with the terms of this Article or conditions of the permit occurred, or if damages to the facilities have occurred which can be attributed to the applicant. The City Manager is authorized to pro-rate the amount of estimated damages and shall return any amount of the deposit in excess of estimated damages. Damages are determined to be either physical destruction to the facilities or costs associated with specific clean-up attributable to the applicant. , The decision of the City Manager mayi be appealed to the City Council. The City Council may affirm, reverse or modify the decision of the City Manager after considering the facts as presented by.both the applicant md the City Manager. Section 10. That the Code of OrdinanCes, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 7~-10 which shall read as follows: Sec. 74-10. Permit rescission The City Manager is authorized to rescind any permit found in violation of provisions of this Article when it is deemed in the best interest of the public. Violations of any provisions of this Article may result in the ~bffeiture of the'security deposit as provided above. The decision of the City Manager may Ibc appealed to the City Council. The City Council may ~ reverse or modify the d~cision of the City Manager after cgmidering the facts as presented by both the applicant and the City Manager. Section 11. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. .: Section 12. SEVERABiLiTY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinanc& is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid o~' unconstitutional provision. It shall further be assumed that the City Council would have enact~ invalid or uncomtitufional provision, thereby cau effect. ;d the remainder of this Ordinance without said sing said remainder to remain in full force and Section 13. e City Council. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. -~ The. foregoing Ordinance was moved for adoption Councilmember '~'I! _~..~ g,~. The motion was seconded by Councilmember /~ and, upon being put to a vote, the vote was as follows: The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of September, 2000. CITY OF SEBASTIAN, FLOKIDA Walter Barnes, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City A