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HomeMy WebLinkAbout02232000I I .I I I I I I I I I I I I City of Sebastian 1225 Main Street Sebastian, Florida 32958 F[EGULAR CiTY COUNCIL MEETING AGENDA PACKET WEDNESDAY FEBRUARY 23, 2000 7:00 PM DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 23, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Neuberger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Chaplain Frank Camillo - Barefoot Bay First Baptist Church. ROLL CALL Cb Council. Present: Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Walter Barnes Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. S_taft Present;. City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Finance Director, Mark Mason Public Works Director, Terry Hill Growth Management Director, Tracy Hass Parks Superintendent, Chris McCarthy Deputy City Clerk, Sally Maio Regular City Council Meeting February 23, 2000 Page Two DRAFT 00.043 00.044 00.045/ 99.161 AGENDA MODIFICATIONS [ADDITIONS ANi~IqR DELETIONS) items not on the written agenda may be added onl~ upon a majority vote of City Council members (R-99~21) The City Manager requested addition of a preSentation by the 75th Anniversary Committee. It was added as item 6.D. Mayor Neuberger inquired whether there was a resolution to the police department investigation matter. The City Manager said the investigation was ongoing. PROCLAMATIONS, ANNOUNCEMENTS AN~OR PRESENTAT!ON.~ A. PreclamatiQn ~ Florida Citizenst)ip an~l i, eadership Day - Requested by Florida League of Cities Mayor Neuberger read the proclamation. Deborah Bradley. CPA - Hoym.an. DobSon & .ComDany. PA, - Preserttation of City of Sebastian Comprehensive Annual Financial Report for Year Ended September 30. 1999 (Audit Reports Distributed Un_der Separate Cover) Deborah Bradley, CPA, Hoyman, Dobson & Company, presented the Annual Financial Report. Ted Moorehead. Chairman. Indian River I~agoon ~cenic Hiqhway Corridor Management ~ntfty ,Agre_emeDt Presentation - Authorize Cb Manager_to Enter Ipto Corridor Management Entity Agreement with Madne Resources council and Other Member Entities (City Manaaer Transmittal 2/14/00~ [Vloorehead Letter) Ted Moorehead, Indian River Lagoon Scenic Highway Corddor Advocacy Group, thanked City Council for its endorsement of the application to FDOT. He requested approval of the Corddor Management Entity Agreement, appointment of one city staff member or elected official and one citizen, designation of US 1 within the ~ limits as the scenic highway corridor, and approval of the vision statement and preliminary goals and objectives of the program. The City Manager reported the Advocacy group will conduct a meeting in City Council Chambers on Thursday, February 23, 2000. MOTION by BarczyldMajcher '1 move to authorize the City Manager to enter into a corddor management entity agreement with Marine Resources Cour~cil and other member entities to form a corridor management entity for the Indian River I+agoon Scenic Highways." ROLL CALL: MOTION CARRIED 5-0 Mayor Neuberg~er - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr, Majcher - aye 2 Regular City Council Meeting February 23, 2000 Page Three DRAFT old D. 7..5th Anniver~.~y ~;Q~nmittee PresentatioQ Committee Chairman, Ray Coniglio, read the Committee's mission statement and plans (see attached). He requested funding in the amount of $750 for T-shirt sales, and the Finance Director explained that a city fund should be set up for this purpose. MOTION by Majcher/Barnes '1 make a motion to appropriate $750 from the 75th anniversary budget and opening a city account for moneys coming in and moneys coming out." The figure was then changed to ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 5-0 7. CITY ATtORNEy MATrERS Reported on the Mamh 15, 2000 Code Enforcement Board workshop on proposed fines. 8. CiTY MANAGER MATTERS Discussed his proposal to realign the Yacht Club parking lot to two handicapped boat trailer spaces and eliminate all other trailer parking. TAPE I- SIDE II (7:47 p.m.) Mr. Barnes reiterated his request for a fish cleaning bench at the Main Street pier; and discussed problems with the height of the new finger piers. Discussed the police investigation relative to the evidence room theft, noting the FDLE will work with the City to evaluate administrative procedures. 9. CITY C[,ERK M~,TI'ER$ None. 10. CITY COUNCIL MATTERS A. M~;. Bish~D None. B. Mr. Reported that people have called regarding whether there is any policy prohibiting smoking in public parks. The City Attorney suggested ha bring back a park policy which was previously addressed but never adopted and Council concurred. Regular City Council Meeting February 23, 2000 Page Four DRAFT 00.046~ 99.120 00.047 00.048 00.049 00.050 Co I~avor Neuberger Inquired about the Robert Taylor code enforcement issue, and the City Attorney responded Mr. Taylor's property is on a list of properties for which the City has taken foreclosure action. Mr, Barczyk Reported on the response to the TreasUre Coast Regional Planning Council survey. MrLBames Inquired about the Delmonte Street building height problem. The City Manager responded that there can be 'not to exceed' languageiincorporated into the Code. Requested an update on the city personnel manual and the City Manager said it is still being drafted, is an administrative policy, however, Council is welcome to review it as it proceeds. 11. CO~SENT AGENDA /VI items on the consent agenda are conskfered routine end ~ be enacted by one mo#on. There w~ be no separate ~scussion of consent agenda items unless a member of City Counci sO request' in which event, the item w~ be removed and acted upon separately. A. Approval of Minutes - 2/9/00 Regular Meeting Bo Co Do Fo Craft Club Request for Amendment to Use of Riverview Park to Authorize Sebastian River High School Shark Band Boosters to set Up Food Stand During Craft Shows (City Clerk Transmittal 2/9/00, Craft Club Letter) March of Dimes - Request,~'i~'' Use of RiVerview Park as Start/Finish Point for Walk America Walk-A-Thon w/Electricity on 4/1/2000 4 7 am to 10:30 am (City Manager Transmittal 2/11/2000, Bassoff Letter) ~ Sebastian River Area Chamber of Com~nerce - Request for Use of Riven/iew Park for Annual Business Expo 2000 - 4/8/00 - 9 am to 6 pm and 4/9/00 10 am to 6 pm with Electricity and Appropriate Street Closings as Determined by Police Department (City Manager Transmittal 2/11/00, SRACC Memo) Eons Club 4th of July Celebration Meetings - Request Waiver of Fees for Use of Yacht Club - First and Fourth Monday of Each Month!through First Week of July (City Clerk Transmittal 2/9/00, Osmundson Letter) Scott Birthday Party - Request Use of C~mmunity Center 3/11/00 - 7 pm to Midnight - R-98-43 Requires Approval for Use Alter 11 pm (City Clerk Transmittal 2/15/00, Application) The City Manager read the consent agenda.' Mayor Neuberger removed item B, Barc~zyk removed items D and F. MOTION by Barnes/Bishop "1'11 move to approve the conserlt agenda items A, C, and E." '- 4 Regular City Council Meeting February 23, 2000 Page Five DRAFT 00.046/ B. 99.120 00.048 D. 00.050 F. Craft Club Request for Amendment to Use of Riverview Park to Authorize Sebastian River High School Shark i~and Boosters to Set UI~ Food Stand During Craft Shows Mayor Neuberger inquired about the Health Department permit and the City Attorney explained the process whereby the food is prepared at an approved site and then served at another location. MOTION by Neuberger/Majcher '1 move to approve item B.' VOICE VOTE on the motion carried 5-0. ~qbastian River Area Chamber of Commerce - Request for Use of Riverview I~a[k [or Annu. al ~usin~ EXpO 2000 - ,t/8~O0 - 9 am to {i pm and 4/9/00 10 am tq 6 Dm with Electricity aLrl.d Appropriate Street Closings as Determined_by Police Department Mr. Barczyk questioned street closings and paying overtime for Police Officers. Scott Birthday Party - Request Use of_.Col3!munity Center 3/11(0{~ - 7 D~ to Midnight- R-98-43 Requires Approval for Use After 11 pm Mr. Barczyk inquired as to the ages of the participants. Mr. Barczyk said he was certain there was going to be overtime for blocking off streets, and the Finance Director said overtime for police officers is $23 per hour and the Chamber would be billed for the cost. MOTION by Barczyk/Majcher 'I'11 move to approve items D and F." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 00.032 12. EUBUC HEARING A. Second Read[o(3 and Public Hearing. on Ordinance No.,.O-00-03 - Methodology for Meas~;io~t I. ot Width in Riv~rfront Performa~](~e Overlay District (City Attorney Trapsmit/..al 2/17/_00.0-00-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-19.3(9), LAND DEVELOPMENT CODE, RIVERFRONT OVERLAY DISTRICT DEFINITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIUTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at 8:12 p.m., and the City Attorney read Ordinance No. 0-00-03 by title. Regular City Council Meeting February 23, 2000 Page Six DRAFT Being no input, Mayor Neuberger closed the public hearing at 8:13 p.m. MOTION by Bishop/Barczyk 'I'd move to approve Ordinance 0-00-03." ROLL CALL: Mr. Majcher ' - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye 00.042 MOTION CARRIED 5-0 Secop. d Reading ~r~d Public Hearing Ordir~ance No, _q-00-04 - FY ;~000 Budqet Amendment (Finance Direv'-'tg['J'RLrt~mittal 2/14/00. 0-0Q-04) AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2(X)0 AS PROVIDED FOR IN EXHIBIT"A'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. , Mayor Neuberger opened the public hearing at 8:14 p.m., and the City Attorney read Ordinance No. 0-00-04 by title. The Finance Director briefly reviewed the amendments. Being no input, Mayor Neuberger closed the public hearing at 8:16 p.m. 00.0511 MOTION by Majcher/Barnes "1 move to approve Ordinance 0-00-04 amending the fiscal year 2000 budget for the General fund, Capital Projects fund, G01f Course fund, and Airport fund.' ROLL CALL: Mayor Neuberger - aye Mr. Bamzyk - aye Mr. Bames - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 First Reading arid Filet PSll;)[ic Hearing o,n Ordinaq~e No, 0-0.0-05 CNK. Inc, Comprehensiv~ 99,242 I. and Use Plan Amendment - SC~g:l_ule ~econd Rea.ding and SecorLd Public Hearing for 3/8/00 (GfQwth M,a~lagem_en.t Transmittal 2/17/I.30, O-00-05._Applicalion, Location Map. Staff Report. P & Z RecomFtendatio.n.) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW° DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Regular City Council Meeting Februa~/23, 2000 Page Seven DRAFT Mayor Neuberger opened the public hearing at 8:17 p.m, and the City Attorney read Ordinance No. O-00-05 by title. The Growth Management Director presented the staff report and recommended approval. Being no input, Mayor Neuberger closed th'e public hearing at 8:19 p.m. The City Attorney advised the motion should read, "move to adopt it on first reading and authorize transmittal to the Department of Community Affairs." MOTION by Barczyk/Bames '1 make a motion that the Attorney just said.' ROLL CALL: Mr. Bamzyk -aye Mr. Barnes -aye Mr. Bishop -aye Mr. M~cher -aye Mayor Neuberger -aye MOTION CARRIED 5-0 Mayor Neuberger called recess at 8:20 p.m. and reconvened the meeting at 8:35 p.m. All members were presenL 13. INTRODUCTION OF NEW BUSlNES6 FROM_THI~ PUBLIC Item that has occurred orwas ~scovemdv~/~ the previous six months which is not othenvise on the agenda, sign-up required- ~rnit of ten minutes for each speaker None. 14. COMMITTEE RE PO RTSJRECOIIIIMI~NOATIONS 00.007 Planninq a_[td ~oning Cornmissior~ (City Clerk Transmittal 2/14/00, 2 Applications, Member List, Ad) 1, Interview, Unless Waived, and Appoint Two Alternate Members to: a. Unexpired Term to 1/1/2002 b. Unexpired Term to 1111/2001 City Council interviewed Jean Carbano and Richard Smith. MOTION by Bishop/Neuberger "1 would move to approve Jean Carbano to the alternate vacated by William Evely unexpired term to expire 1/1/2002." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Regular City Council Meeting February 23, 2000 Page Eight DRAFT MOTION by Barnes/Majcher '1'11 make a motion to approve Hr. Richard Smith the alternate position vacated by William Mahoney unexpired term to expire November 1, 2000." ROLL CALL: Mr. Bishop i - aye Mr. Majcher I - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 00.052/ 99.235 15. OLD BUSINESS A. Curt Oxfo[d. WoQdca~er. Inc. - C~ Welcome Siflns Ui~ate and Status Report (No Baq.k~up) Mr. Oxford gave a brief update on the city welcome signs. TAPE ii * SIDE I (8:50 p.m.) 00.053~ B. ggA82 ,~.l~teboard Park Site Planning WorkshOp. (PW/Enair~eedng Tr~Lnsmitta[ 2/14/00) The City Manager and Parks Supedntei~dent reported on the outcome of an informal meeting with concerned citizens regarding the proposed Iocalion of the skateboard park within the area of the existing Barber Street Sports Complex. ! Discussion took place on funding contingencies in the event the grant is not approved, contacting Titusville relative to their abandoned skate park, and contacting Satellite Beach for information on their park. 16. 00.054A ~IEW BUSINESS A. First Reading/o_f Ordinance No. O-00-0~ - Ame[itrend Homes. Inc. Small Scale Comprehensive Land U0e Plan Amendment - SchedulelSecond Reading and public Hearing for 3/8/00 (Growth Management Director Tra~n~m~tl 2/17J[10, 0-00-06, ADplicationt L°catiQn Map. Staff R.eDort. P & ~',_Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO CG (COMMERCIAL GENERAL) FROM C-512 (COMMERCIAL 512) FOR LAND CONSISTING OF 7.57 ACRES, MORE OR LESS, LYING SOUTHEAST OF FELLSMERE ROAD AND SOUTHWEST OF WIMBROW DRIVE; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. 0-00-06 by title. The Growth Management Director gave the staff report. MOTION by Barnes/Majcher '1'11 make a motion to approve the first reading of Ordinance 0-00-06 and schedule the second reading and public hearing for March the 8th." Regular City Council Meeting February 23, 2000 Page Nine DRAFT 00.054B B. 00.055 C. ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Bamzyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 First Fielding of Ordinance Hq. 0-00-07 Ameritrend Rezoning - Schedule ~;~Cq[}d I~eading Quasi-Judicial Publk; l-Jeadng for 3~8/00 (Gr~)~th M~13~g~lll.ent Director Transmittal 2/17/00, O- 00-07. Applical;iqn. Location M~i), Staff Report. P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPER'r'Y LOCATED SOUTHVVEST OF WIMBROW DRIVE AND SOUTHEAST OF FELLSMERE ROAD; CONTAINING 7.57 ACRES, MORE OR LESS, FROM C-512 (COMMERCIAL 512) TO CG (COMMERCIAL GENERAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-00-07 by title. The Growth Management Director recommended approval. MOTION by Bishop/Barnes "1 would move to approve Ordinance 0-00-07 on first reading and schedule a quasi-judicial public hearing for the adoption on March 8, 2000." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 Authori;ze Release of Bond (Certificate of Deposit) to Richard Fey for Mulching Operation (City Manager Transmittal 2/15~00. Fey Letter) The City Attorney said to have the bond released the applicant must meet the 3:1 slope restoration regulation, and because the applicant states it was met and files were allegedly lost by staff, he was advising that City Council should make the determination as to whether or not to release the bond. The Growth Management Director further advised Council on prior activity on this mine. He said staff feels that the bend should not be released based on an Engineering site visit which showed an eight foot straight drop. A rather lengthy discussion took place. MOTION by Bishop/Majcher '1 move not to authorize the staff to release the bond being held by the City in the form of a Certificate of Deposit to Richard Fey as previously submitted for a mulching operation." Regular City Council Meeting February 23, 2000 Page Ten DRAFT ROLL CALL: MOTION CARRIED 5-0 Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye 00.056 El~l Awe[d_and Authorize City Manager to Execute Contract with M.D, Utility Contractors for Culvert Relzlacements in the Amount o1~,~ 118~620 (Engineering Trar~smittal 2/7/00. Bid Tabulation) MOTION by Barnes/Barczyk "1'11 make a motion to approve {he bid award and authorize the City Manager to execute a contract to M.D. Utility Contractors, for Culvert replacements in the amount of $118,620." Mr. Bishop requested more documentation on project items such as this. 00.057A ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher | - aye Mayor Neuberger - nay Mr. Barczyk - nay MOTION CARRIED 3-2 (Neuberger, Barczyk - nay) Authorize City Manager.to Execute State of Florida Department of Transportation Public Transportation Joint Participation Ag[eement - State Funding Share Amount $:~40,q0_Q ~or Airport Master Plan Update- Adopt Resolution No. R-00-12 (City Manager Transmittal 2/14/00. F_.DOT A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE SEBASTIAN MUNICIPAL AIRPORT MASTER PLAN UPDATE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager bdefly described the fUnding agreement. MOTION by Majcher/Barnes , '1 make a motion to move to authorize the City Manager to execute the State of Flodda Department of Transportation Public Transportation Joint Participation Agreement between the State of Florida Department of Transportation and the City of Sebastian with the State's funding share amounting to $240,000 for the Sebastian Airport Master Plan Update." ROLL CALL: Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Bamzyk Mr. Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 l0 Regular City Council Meeting February 23, 2000 Page Eleven DRAFT 00.057B F. Approve Rank Order for Airl2orlLConsuJtant~ and Atltbgrize Staff to Begin Ne(]otiafions as Recommended (Pur~l~3se and Contract Administrator Transmittal 2/15/00. RFQ Point Tabulation Summary) The City Manager briefly explained the ranking process. TAPE II - SIDE II (9:35 p,rn.) Mr. Bishop reiterated he would like to see further backup in the packet if it is practical or if not he would review it in City Hall. MOTION by Barnes/Bishop '1'11 make a motion to approve the rank order for airport consultant services and authorize staff to begin negotiations as recommended." ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 00.058~ G. 99.243 Resolution No. R-QQ-11 - Sublease of Golf Course Land to City for_Public Works Use (City Manaqer Traqsmittal 2/17/00. R-0_0-11L Sublease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. GRANTING APPROVAL TO SUBLEASE OF GOLF COURSE LAND TO CITY FOR PUBLIC WORKS USAGE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE, Discussion took place on the location of the subject property, and Council was advised that a new Exhibit B to the sublease would be inserted. MOTION by Barnes/Barczyk '1'11 move to approve Resolution R-00-11 sublease of golf course land to the City for Public Works use." ROLL CALL: Mayor Neuberger - nay Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 4-1 (Neuberger - nay) 00,059 H. Approve City Manager Alt~pdance at Florida City and County ManagemenJ; A$~ociati0n {~¢C;MA) 4th Annual Confe[ence - P~l~t{~ Vqd.[a, FL - May 24-27.2000 (City Manager TransmittaJ. 2/15/00) MOTION by Barnes/Barczyk '1'11 move to approve the City Manager attendance at the Flodda City and County Management Association.' Regular City Council Meeting February 23, 2000 Page Twelve DRAFT 00.060 17. ROLL CALL: Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Approve Change Ord~[ #1 _with Asphalt IRecy¢ling for Concrete Cur!~ for Schumanr} I~riy. e_ I~econstruction in the Amount of $5_8.41.0 (City Et~gineer Transmittal 2/16/00. Chanqe Order.) MOTION by Barnes/Bishop i ~1'11 move to approve Change O~der #1 with Asphalt Recycling for $58,4102 ROLL CALL: Mr. Barnes - aye Mr. Bishop ; - aye Mr. Majcher i - aye Mayor Neuberger - nay Mr. Barczyk ~ ~ aye MOTION CARRIED 4-1 (Neuberger- nay) Being no further business, Mayor Neuberger adjburned the Regular Meeting at 9:55 p.m. 12 ACT'~ON LIST THE FOLLOW~I',~ ]~5 A LTST OF A¢'FZON5 TAKEN ANb/OR bTRE¢i-rON5 G];VEN AT THE 2/23/2000 REGULAR MEET]:NG All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material put in chronological orde~ ~ity ~a~r, ~h/ Attorney, Purcha$imj and all other department heads 9et a full set of draft minutes, and are re.~pon$ib/e far copyin~ what~r im per~'nent to theJr clepartmenl~. 14/e will conh'nu~ to place copie~ a/individual 00.043 00.044 00.045 00.046 00.047 Proclamation - Florid~ Citizenship ~p(;t. Leadership Day - Requested by Florida_Lc_ague of CilJes - presented mail proclamalion Deborah_~radleyL CPA - Hoymajn, Dobson & Company. PA - Present~ti. orLqf City of Sebastian ComPrehensive Annual Financial I~e. port for Year Ended September 30, 1999 ~ presentation file audit in vault - FINANCE - 2000 Audit Ted_Moorehead._CbairmanL Illdian River Laaoon Sc_enic_Hklh_~ay Corridor M.a[lagement I~nfitv Agj'eement Preseo~afion - Authorize City Manager to Enter Into Corridor Management Entity AareemertLw[t.h Marine Resources Council and Other Member Entities 99.1§1,- presentation and approval of agreement copy minutes to file Jean will administer signature of agreements and give us one for filing file vault - AGREEMENTS - Miscellaneous Approval of Minutes - 2/9/00 Regular Meetina - approved sign, seal - place in book with any designated backup Craft Club Request for Amendrpent to Use of Riven/iewPa[k to Authorize Sebastian River High Scllgol Shark Band Boosl;ers to Set Up Food Stand DuriQg Craft Sh_ow~ - 99.120 - approved copy minute to file letter to Craft Club file vault - PARKS - Riverview Park - use of - Craft Club March of Dimes - Request foJ' Use of Riverview Park a~ Q[{!G/[=il~is_h_P(;}ipl; for Walk America Walk-A-Thon w/ElectLricity on 4/1/200_0 - 7 am to 10:30 am - approved copy minute to file letter to March of Dimes file vault - PARKS - Riverview Park - use of - March of Dimes 00.048 00.049 00.050 00.032 00.042 00.051 Sebasfiayt Rive. j' Area Chamber of Commerqe - Reqqest for Use of Riverview Park for ~AJlnual Business Expo ;~q0_0 - 4:(8/00 - ~.am to 6 pm_and 4/9/00 10 a.m to 6 pm wi. tl~ I~l~J'icity and Appropriate Street Closir~g8 as Determined by police Depalrtment - approved copy minute to file ~ o p 'l I° i~) letter to Chamber of Corflmerce file vault - PARKS - Riven/Jew Park - use of - March of Dimes Lions Club 4Jb of July Celebration Meetings - Request Waiver of Fees for Use of Yacht Club - First and Fourth Monday of EaqhlMonth throuqh First Week of July - approved copy minute to file letter to Eons Club ' file YC/CC copy to vault - PARKS - Riverview Park ~ 4th of July Scott BLrthday Party- Request Use o.f Cpmmunity Ceqter 3/11/0.0 - 7 Pm to Midnight - R- 98-43 RcqgjE~s Aporo_yal for Use After 11 prQ - approved copy minute to file ~ c~ (~ ~> c~ 'z~ ~ letter to Scott fi e YC CC ~eCq0d Reading and Public Headng on;Ordinance No. O-00-03 - Methodology for Measuring Lot Width ip Riyerfront Performance O¥~rlay Distdct - adopted sign, seal - copy to counter, file, Growth iManagement, Building Director, P&Z e-mail ord to Municipal Code - include adoption date blue back o~ginal - file vault 00 ORIGINAL ORD file backup in vault - 00 ORD BACKUP update \wp-ord,00 as to adopted date Se~:g.n_d Reading and Public Hearing On linan_ce No. 0-00-04 - FY ~000 Budget A~p_dment - adopted sign, seal - copy to counter, file, Finance e-mail ord to Municipal Code - include a~ blue back original - file vault 00 ORIGIN~ file backup in vault - 00 ORD BACKUP update \wp-oral,o-00 as to adopted date First Reading and First Public Hearing ~gmp[.e. hensive Land UsePlan Amendn Joption date kL ORD t OrqliQan~e No. O-00-05 CNFL Inc. ~ent: approved for transmittal to DCA - 2nd hearing to be scheduled upon return copy minutes to file find out what Tracy needs to transmit to DCA file pending credenza I 2 00.007 00.052 00.053 00.054A 00.054B 00.055 00.056 [=]anning. and ~onin9 Commission 1 ,Interview, Unless WaNed. and_/~,~[~ofiot Two Alternate Mer~bers to: a. Unexpired TeFJ'Z to_ 1/1fl2002: b. UneXl;)ire(j Term to 11/1/~001 - Cabano appointed to 11112002 -Smith appointed to 111112001 letters to both w/appropriate backup and financial disclosure forms update board handbook - distribute pages Curt Oxford. [NoodcarverL In.~- City Welcome Signs Update and Status R_ej~grt - 9~235 - update only copy minutes to file ~kateb0ard Park Site [3[an. ning Workshop - 99.182 - discussion only copy minutes to file file pending Dr_st Re~_dipg of Ordinance No, 0-00-06 - Ameritrend Homes. Inc. Small Scale ~om~)rehensive Land U_se Plan Amendmertt - Schedule Second Reading and Public Hearing for 3/8/00 - approved on 1st reading - ph 318100 ads were already run on 2/22/00 file pending credenza for 318/00 I_First R~ding of Ordinance No. 0-00-07 Ameritrend Rezoning - Schedule Second Reading and Qgasi~ludicial Public Headng for 3/8/00 - approved on 1st reading - ph 3/8100 ads were already run on 2/22/00 file pending credenza for 3/8/00 Authorize Release of Bond (Certj~cate of Deposit) to Richard Fey for MuLching Op_~r_at~on - staff not authorized to release letter to Fey (who?) copy letter and minutes to Fey sandmine file in SPECIAL USE PERMITS and with bond Bid Award and Authorize City Manager to Execute Contract with M.D. Utility Contractors for Culvert Re~aceEtents in the Amount of ~118,~:~q - approved copy minutes to file Jean will administer execution of contract and give us one for filing Jean will return bid file when complete - file vault - FINANCE - 00 Bids/Purchases create new folder for contract - file AGREEMENTS - Miscellaneous add to \wp-flles~agreemen.wpd 00.057 00.058 99.243 OO.O59 00.060 ~a~uth~rize City Manager to Execute State of Floriqta Department of Trar~$god, ation Public Transpol~ation Joint Participation Agreement - ~tate Fugding Share ~rrmunt $240.000 fqr Pirport Master Plan Upda~te - Adol;g I~e~olu~on No. R-00-12 - ApD~;ove Rar~l~ Order for pi[port Consultants and Authorize Staff to Begin Negotiations as Recommended - approved copy minutes to file give Jean 2 certlfed copies of R-00-12 Jean will administer execution of six agreements and give us one for tiling when returned create new folder for contract - file AGREEMENTS - Intarlocal - State of FL - FDOT add to \wp-files~agreemen.wpd - interlocal - State of FL - FDOT blue back original resolution - tile vault - 00 ORIG RES backup will be in agreement tile - note ~ location update \wp-resV-00 as to adopted dateI Reso/ul~on No. R-00-11 - Sublease ol; (~olf Course Land to City fpr Public Wprks Use - approved copy minutes to file give Jean 1 certifed copy of R-00-11 Jean will administer execution of sublease agreement and give us one for filing when returned create new folder for contract - file AGREEMENTS - Interlocal - FAA add to \wp-files\agreemen.wpd - InterlOcal - State of FL - FAA copy all backup and give to Unda for Airport files blue back original resolution - file vault. 00 ORIG RES backup will be in agreement file - note its location update \wp-resV-00 as to adopted date Approye Cil~ Man..pger Attendance at Flprida City add County Managemept Association (_F_CCM~ ,~th A~n_rtual Conference - Po~e Vedra~ Jacksonville Beach, Fi. - May 24-27.' 2000 - approved copy minutes to file file vault - CITY MANAGER Approve Cha~rlge Order #1 wi~tt ~lzhal[ Reconstruction in the Amount of Recycling for Cqncrete Cqrbs for SchulT~En Drive i) - approved copy minutes to file Jean will administer execution of change order and give us one for tiling file in ASPHALT RECYCLING tile in AGREEMENTS - Miscellaneous update \wp-files\agreemen.wpd = 75th Anniversary QoF~mittee - $1000 FUnd~g Request - approved copy minutes to file file pending credenza attach their submittal to tinal minutes 4 CITY COUNCIL MEETING DATE: ITEMNO. O/~, /~ / ROLL CALL1 Mayor Neubergcrj Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher MOTION SECOND f~7~y ITEM NO. ROLL CALL 2 Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger ITEM NO. ROLL CALL Mr. Barnes v/f' Mr. Bishop ~/ Mr. majcher ~/ Mayor Neuberger Mr. Barczykr/ ITEM NO. ROLL CALL4 Mr. Bishop Mr. Majcher Mayor Neuberge~ Mr. Barczyk Mr. Barnes MOTION /¢~ SECOND MOTION/~z. SECOND /~/ ITEM NO. ' ~ ROLL CALL Mr. Majcher Mayor Neuberge~ Mr. Barczyk ~ Mr. Barnes t~ Mr. Bishop ~ MOTION SECOND//~ff-~ CITY COUNCIL MEETING DATE: TEM NO. MOTION ROLL CALL 1 Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majeher SECOND ITEM NO. ROLL CALL 2 Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger MOTION SECOND ITEM NO. 007 ROLL CALL Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk ITEM NO. c) v '7 ROLL CALL 4 Mr. Bishop Mr. Majcher Mayor Neuberser Mr. Barczyk Mr. Barnes ITEM NO. ROLL CALL 5 Mr. Majcher '~ Mayor Neuberger ~/" Mr. Barczyk ~ Mr. Barnes ~""/ Mr. Bishop ~ MOTION. ~ SECOND MOTIOI~~ SECOND 0 0 - MOTION /~~ SECOND CiTY COUNCIL MEETING DATE: ITEM NO. Q5"4'~ MOTION ROLL CALL 1 Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher ./ SECO~r~ /~~ ITEM NO. ROLL CAI. j~ Ma-. Barc~k Mr. Barnes ~. Bishop ~. ~jcher Mayor Neub~g~ ITEM NO. ROLL CALL3 Mr. Barnes Mr. Bishop Majcher MMra'yor Neuberg~ /0 Mr. Barezyk ~ FJ MOTION ITEM NO..,GT/G ROLL CALL 4 Mr. Bishop Mr. Majcher '-/ Mayor Neuberger Mr. Barczyk Mr. Barnes ITEM NO. ROLL CALL Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop MOTION MOTION SECOND ~ " CITY COUNCIL MEETING DATE: ITEM NO. ~9~-'<f'~ MOTION ROLL CALL 1 Mayor Seuberg~r/cO Mr. Barczyk ~ Mr. Barnes ~ Mr. Bishop ,~ Mr. Majcher ~/ SECOND ITEM NO. D .~ ROLL CAIJ~ Mr. Barczyk '/ Mr. Barnes '/ Mr. Bishop 5 Mr. Majcher Mayor Neuberger.~ MOTION ITEM NO. C) ~, cO ROLL CALL 3 Mr. Barnes /~ Mr. Bishop ,~ Mr. Majcher ~/ Mayor Neuberger/x/ Mr. Barczyk J MOTION SECOND. ITEM NO. ROLL CALL 4 Mr. Bishop Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes MOTION SECOND ITEM NO. ROLL CALL 5 Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop MOTION SECOND CITY OF SEBASTIAN, FLOR/DA 2001-2006 CAPITAL iMPROVEMENT PROGRAM 'I'he 2001-2006 Capital improvement Program consists of both Capital Improvements and Capital Outlay. Attached are blank forms for completing the Capital Improvement Requests as well as Capital Outlay Requests. We have provided each department's Capital Outlay requests through 2004 and provided blank forms for future year requests. Any changes to the requests made for the Fiscal Year 2000 budget year should be made on the fbrms provided. It is understood that some departments ~vill have no need for the Capital Improvement Request Forms and therefore have not been provided. What is a Capital improvement program? The Capital Improvement Program (CIP) is long range plan used in the development of annual operating budgets, strategic plans, and long range financial plans. It provides the means for evaluating Facility and Infrastructure projects and the mechanism for reviewing Operating Review Projects. The five-year Capital Improvement Program is reviewed and revised annually. Whv prepare a Capital Improvement Program? The CIP provides the following organizational benefits: 1. A platform for independent, critical evaluation of each project on its own merits, 2. A plan which balances public facility needs and City financial ability on both a short and long term basis, and 3. A communications tool to the public, other governmental units, and the business community detailing the location and timing of improvements. What is a CIP Project? Capital improvement projects meeting one of the following criteria shall be included in the CIP process: Real property acquisition. Construction of new facilities or additions to existing facilities exceeding $5,000. Remodeling/repair of the interior/exterior of any facility exceeding $5,000. Infrastructure projects. Phased projects may be submitted on a single form indicating on an attached sheet the scheduled phase for each year. Projects submitted in previous years must be resubmitted to be considered for inclusion in the C][P. A current CIP list is included for your review. What is an Operating. Review Project? Capital projects costing over $500 but not meeting the minimum capital dollar criteria to considered with the CIP shall be designated as "Operating Review" projects. They are to be submitted in the same manner as other capital projects, but are considered to be more related to operating budget development. What is Capital Outlay? Capital Outlay is Operating Review projects and equipment that fail to meet the definition of a Capital Improvement. Definitions: Capital Improvement Project ~ a major, nonrecurring expenditure used to expand or improve the government's physical assets, including facilities and infrastructure, that are not consumed within a year. Capital improvement program - a listing of the planned capital improvement projects (coupled with expected costs and financing plans of each) for the upcoming five- to ten-year period, and scheduled according to priorities and timing. Addition - a modification of an existing facility which changes the structural "footprint" of the facility .. Facility - a city fixed asset other than a road, bridge, intersection, or drainage system. Infrastructure - a road, bridge, intersection, or drainage system. Establishing Priorities The following scale shall be used in determining the priority of the project. The priority established by the requester must be fully justified in the justification section of the form. · Priority ~r- Imperative. Projects that cannot reasonably be postponed without harmful or otherwise undesirable consequences. Priority II- Essential. Projects meeting clearly demonstrated needs or objectives. · Priority lII-Irnportant. Projects benefiting the community that could be delayed without impairing basic services. · Priority IV- Desirable. Projects that benefit the community but are not included in the five-year plan because of funding limitations. Cl1' Instructions Projects shall be submitted for consideration in the five-year plan and will be reviewed, evaluated, and considered for inclusion in the plan in accordance with the following steps: The requestor shall complete the CIP for in accordance with the above criteria. It is essential that a justification be included for each request. The form may be typed or hand written. (They will be compiled in Finance) 2. The C[P form, including attachments, if any, shall then be turned into the Engineering department for analysis/establishment of estimated costs. 3. The CIP form, including attachments, will then be turned into the Finance department who will then: a. Prepare a fiscal impact statement for the project and determine appropriate funding sources. b. Compile the requests in a Capital Improvement Program format for submittal to the City Manager for review and analysis. 4. Individual meetings with the CIP requestor(s) will be arranged for review and analysis. The following broad goals and objectives should be observed when preparing the Capital Improvement Requests: [] cl Citywide beautification. Enhancement and beautification of Public Facilities. Airport Enhancement. Parks and Recreation. City owned Vacant Lot improvements. Infrastructure improvements. Future space requirements. Capital Outlay Instructions: Capital outlay should be viewed as new equipment and/or replacements of equipment necessary to meet the mission of the individual department and attain the goals and objectives established for the department, as well as the Operating Review projects. Attached is a ten year planning form. These forms shall be updated every year along with the CIP. The information included on this form will be the information included in the FY 2001 budget document. The following steps should be followed when preparing the Capital Outlay planning form: 1. The requestor shall complete the form in accordance with known and anticipated goals and objectives. The form may be typed or handwritten. (They will compiled in finance) Under no circumstances should the form be modified in any way. Use additional sheets if necessary for additional justification or information. How or in what way estimated costs were determined should be attached to the capital outlay request form 2. The forms, with attachments, are to be turned in to Finance for compilation. 3. Compiled information will go to the City Manager tbr review and individual meeting shall be held with the requestors. If there are any questions concerning the forgoing information, please call the Director of Finance at 388- 8205. I SEBASTIAN CITY COUNCIL AGENDA I I I I REGULAR MEETING WEDNESDAY, FEBRUARY 23, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY 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 PLEDGE OF ALLEGIANCE INVOCATION - Police Chaplain Frank Camillo - Barefoot Bay First Baptist Church I I ~QLI,, ~ALk AQENDA MoD~I(~Ps'[IOJ~ [APDmo~l~ A, NDiO~ DF. LET. IONS) Items not on the written agenda may be added only upon a majority vote of City council members (R~99-21) P.R.O(;:LAMA.TIO[q~, ANNQUNCEMF~TS. AND/OR pR. F-,.SI~NT~,TIONQ I I I I I 00.043 00.044 00.045/ 99.161 1-8 Proclamation - Florida Citizenship and Leadership Day - Requested by Florida League of Cities Deborah Bradley, CPA - Ho~nan, Dobson & Company, PA - Presentation of City of Sebastian Comprehensive Annual Financial Report for Year Ended September 30, 1999 (Audit Reports Distributed Under Separate Cover) Ted Moorehead, Chairman, Indian River Lagoon Scenic Highway Corridor Management Entity Agreement Presentation - Aulhodze City Manager to Enter Into Corridor Management Entity Agreement with Marine Resources Council and Other Member En~es (City Manager Transmittal 2/14/00, Moorehead Letter) ~I'Lr'Y ATTORblEY MATTE[~ CITy MANAGER CITY C.L~RK MATTE.RS 9-t8 00,046/ 99.120 19-20 00.047 21-23 00.O48 25-26 00,O49 27-28 00.050 29-32 10. 11. CI'~ {;OUNC1L M~'['TJ~RS A. Mr. Bishop B. Mr. Majcher C. Mayor Neuberger D. Mr, Barczyk E. Mr. Barnes " ¢:0!~ISENT AGEND/~ ,~l items oe ff~e cor~ent agenda am con~d ~uSne and W~ be enacted by one ~8on. There ~ be no $e~te ~cu~on of c~nt a~ ~ u~ a ~mber of C~ Coun~ so mques~' i~ w~h e~nt, the ~em ~ be m~ved and acted A. ~proval of Minut~ - ~/00 Regular M ee~ng B, Croft Club R~ue~ for Amendment to ~ se of R~e~ew Park to Authndze Sebastian R~er H~h School Shark Band Boostem to Se: Up Food Stand During Craft Sho~ (C~ Clerk · Transm~l ~/00, Craft Club LePer) C. Walk-A-Thon w~le~dc~ on 4/1~000 - 7 am to 10:30 am (Ci~ Manager Transm~al ~11~000, March of Dimes - Request for Use of R~ew Park as Sta~inish Point for Walk Amedca Banff LeEer) D. Se~n ~er ~ea Chamber of Commerce - Request for Use of R~ewiew Park for Annual Bu~ne~ ~po 2000 - 4/8/00 - 9 am to 6 pm and 4~/00 10 am to 6 pm ~h Elec~c~ and ~o~ate Sheet Clo~ngs as Determin~ by Police Depa~ment (C~ Manager Transm~al ~ ~11~0, S~CC Memo) Uons Club 4th of July Celebration Meetings - Request Waiver of Fees for Use of Yacht Club - First and Fourth Monday of Each Month through First Week of July (City Clerk Transmittal 2/9/00, Osmundson Letter) Fo Scott Birthday Party - Request Use of Community Center 3/11/00 - 7 pm to Midnight - R-98-43 Requires Approval for Use After 11 pm (City Clerk Transmittal 2/15/00, Application) I I I I I I I I I I I I 00.032 33-36 00.042 37-67 00.051/ 99.242 69-86 00.007 87-98 00.052/ 99.235 00.0531 99.182 99 12. 13. 14. 15. pUBLiC HEARING Procedures for public heaBnga: (R-99-21) · Mayor Opens Hearing · Aitorney Reads OrcJnance or Resolution · Staff Presentaabn · Public Input- ~ of Ten Minutes Per Speaker · Staff Surnmal~on · Mayor Closes Hearing , Counoll Acf~on Anyone Wishing to Speak is Asked to Sign Up before the Meeb'ng, When CaJed go to the Poe#urn and State His or Her Name for the Record Ao Second Reading and Public Headng on Ordinam;e No. 0-00-03, Methodo_Joc~ for Measuring Lot Width in Riverfront Per[ormancp. Overlay District (CitY At[9.r. rley Transmittal 2/17/00.0-00-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2OA-19.3(9), LAND DEVELOPMENT CODE, RIVERFRONT OVERLAY DISTRICT DEFINITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reqding and Public Headng Ordinance No. 0_-00-04 - FY 2000 Budget Amendment (Finance Director _Transmittal 2/1410Q, 0-00-04) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR iN EXHIBIT 'A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading and First public Hearing on O[rdinance Ne. C)-0Q-05 CNK. Inc. Comorehensive Lanai Use Plan Amendmgnt - Schedule Secopd Reading and Second Public Hearin~for 3/8/00 ~.q;rowth Management Transmittal 2/17/00. 0-00-05. /~plicafion, Location Map. Staff [~eport, P & 7~ [R~commepdatior0 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW- DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIUTY; AND PROVIDING FOR EFFECTIVE DATE. INTRODUCTION OF NI~W BUSI.NESS FROM THE PUBLIC Item that has occurred or was discovered within the prevfou$ six months which is not otherwise on the agenda, sign-up required - limit of ten minutes for each speaker (~OMMIT*~EE REPORTS/RECOMMEND,RTIONS Playtning and Zoning Commissign (City Clerk Transmittal 2/14/00, 2 Applications, Member List, Ad) 1. Interview, Unless Waived, and Appoint Two Alternate Members to: a. Unexpired Term to 111/2002 b. Unexpired Term to 11/1/2001 oLD BUSINESS A. Curt Oxford, Woodcarver, Inc. - City Welcome Signs Update and Status Report (No Backup) B. Skateboard Park Site Planning Workshop (PW/Engineering Transmittal 2/14/00) 16. 00.054A 101-119 00.054B 121-136 00.055 137-136 00.056 139-140 00.057A 141-160 00.057B 161-162 00.058/ 99.243 163-173 00.059 175 00,060 177-178 NEW BUSINESS First Reading of Ordinance No, 0-00-06 - Ameritrend Homes, Inc. S. mall Scale Comprehensive Land Use Plan Amerldment- S~hedu · ~econd I~eadino and Public Hearing fgr 3/8/00 {Grgwth Manaaement 0irector Trar!smittal 2/17/00, 0-00-06. Application. Location MaD. Staff Report. P & ;~ L:~ecop~mendation) ~, AN ORDINANCE OF THE CITY OF SEBAS'I~IAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO CG (COMMERCIAL GENERAL) FROM C-512 (COMMERCIAL 512) FOR LAND CONSISTING OF 7.57 ACRES, MORE OR LESS, LYING SOUTHEAST OF FELLSMERE ROAD AND! SOUTHWEST OF WIMBROW DRIVE; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FQR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. First Reading qf Ord}nance No, 0-00-07 Ame_dtrend Rezonir~ - $(~t~edule Seco[~d [~eadipg and Qu~lsi-Judicial Public H. earing fo[' 3/8/00 (G_rowth Manage[nent Director Transmittal 2/17/00. O-00- 07L,a~plication.. Location Map. Staff Report, P & Z RecommendaticjZ). AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED SOUTHWEST OF WIMBROW DRIVE AND SOUTHEAST OF FELLSMERE ROAD; CONTAINING 7.57 ACRES, MORE OR LESS, FROM C-512 (COMMERCIAL 512) TO CG (COMMERCIAL GENERAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROViDING FOR AN EFFECTIVE DATE. Authorize Release of Bond (Certificate of Deposit) to Richard Fey for Mulching Operation (City Manager Transmittal 2/15/00, Fey Letter) Do Eo Bid Award and Authorize City Manage~ Replacements in the Amount of $118 Authorize City Manager to Execute Sta Transportation Joint Participation Agre Master Plan Update - Adopt Resolutio~ to Execute Contract with M.D. Utility Contractors for Culvert 320 (Engineering Transmittal 2/7/00, Bid Tabulation) te of Florida Department of Transportation Public .~ment - State Funding Share Amount $240,000 for Airport No. R-00-12 (City Manager Transmittal 2/14/00', FDOT Letter) ,! A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE SEBASTIAN MUNICIPAL AIRPORT MASTER PLAN UPDA.TE; PROVIDING FOR CONFLICTS; AND PROViDING FOR AN EFFECTIVE DATE. Approve Rank Order for Airport Consultants and Authorize Staff to Begin Negotiations as Recommended (Purchase and ContraCt Administrator Transmittal 2/15/00, RFQ Point Tabulation Summa~') Resolution No. R-00-11 - Sublease of (~olf Course Land to City for Public Works Use (c y Manager Transmittal 2/17~00, R-00-11~I Sublease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF GOLF COURSE LAND TO CITY FOR PUBLIC WORKS USAGE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Approve City Manager Attendance at Fiorida City and County Management Association (FCCMA) 4th Annual Conference - Ponte Vedra, ~Jacksonville Beach, FL - May 24-27, 2000 (City Manager Transmittal 2/15/00) Approve Change Order #1 with Asphall~ Recycling for Concrete Curbs for Schumann Drive Reconstruction in the Amount of $58,410 (City Engineer Transmittal 2/16/00, Change Order) 4 I I I I I' I I I I I I I I I I I I I: I I I I I I I I I I I I 17. ADJOURN (All meetings shell adjourn at 10:30 p.m. unless extended for up to one haft hour by a majority vote of City CounciO ANY PERSON WHO DECIDES TO APPEAL ANY DECISION 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. (2e6.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Uocomina ~eetinas; Regular Meeting - Wednesday, 3/8/2000 - 7pm Special Meeting - Monday, 3/20/2000,7 pm (Election Matters) Regular Meeting - Wednesday, 3/22/99 - 7pm Regular Meeting - Wednesday, 4/12/2000 - 7 pm Regular Meeting - Wednesday, 4/26/2000- 7 pm I City of Sebastian~ Florida I i I Subject: Scenic Highway Program T'6-rrence R. Moore Agenda No.._ Department Origin: City Manager Date Submitted: 02/14/2000 For Agenda of: 02/23/2000 Exhibits: Letter dated 2-10-2000 from Ted Moorehead, Chairman, Indian River Lagoon Scenic Highway CAG and Indian River Lagoon Scenic Highway Corridor Management Entity Agreement . REQUIRED: N/A [_N/A [ REQUIRED: N/A SUMMARY Mr. Ted Moorehead, Chairman, Indian River Lagoon Scenic Highway CAG, will present a letter explaining the spec?cs of a Corridor Management Entity Agreement relative to the City of ,Sebastian s participation in the Florida Highway Program (FSIq~P). Mr. Moorehead s presentation will coincide with a FSHP Workshop Meeting scheduled for Thursday evening (Feb. 24th) in the City Council Chambers, featuring Indian River County Commissioner Ruth Stanbr/dge,who will address spec/tic logistics about the program. RECOMMENDED ACTION Move To authorize the City Manager to enter into the Corridor Management Entity Agreement with the Marine Resources Council and other member entities to form a Corridor Management Entity for the Indian River Lagoon Scenic Highway.. CORRIDOR ADVOcAcY GR i, February I0, 2000 I City Council, City of Sebastian: Thank you for endorsing the application for designation of the Indian River Lagoon Scenic Highway with Resolution No. R-99-43, August !1, 1999. I am pleased to report that the eligibility application, including your resolution, has been submitted to the Florida Department of Transportation (FDOT) and we await their response. Anticipating a letter of eligibility from FDOT, iwe are moving ahead seeking to meet a deadline of June 30 for designation in order for Member Entities, such as the City of Sebastian, tO be eligible for the 2001 Scenic Byways Grant Program~ Attached to this letter is a CORRIDOR MANAGEMENT ENTITY AGREEMENT (CMEA) for your consideration. You are asked to enter into this agreement with the Marine Resources Council and the other Memberi Entities to form a Corridor Management Entity (CME) for the Indian River Lagoon Scenic Highway.. You would appoint one or two representatives tO the CME. We suggest that one be a government representative (someone familiar with the comp plan, elected or staff) and the second a citizen, to give the group a balance between government representatives and "civilians". We also ask that you agree to incorporate three items in your comp plan as soon as possible (this is required by FDOT): (1) The stipulated route of the Indian River Lagoon Scenic Highway through your jurisdiction (US1), (2) the Vision of the Indian River Lagoon Scenic Highway (attached - a concept of what we would like the corridor to be 20 years from now), and (3) The approval of the Prellmmary Goals and Objectives of the Indian River Lagoon Scenic Highway, only as these goals and objectives are applicable and appropriate to Sebastian's jurisdiction (attached - a beginning point and a dynamic document for the CME to start with, to be enhanced by the CME when that body is constituted). To meet the deadline, we need the approved and signed CMEA back by March 15. Thank you for your consideration. Sincerely, Ted Moorhead, Chairman, Indian River Lagoon Scefiic Highway CAG 2571 VERNON DR.[VE, NE ' PALM B[AY, FLORIDA , ~2905 PHONE: 407.723-20.1! · FAX/: 407.768-2190 I I I I I I I, i I I I I I I i I i I I i I i i I I I I I I I I i iNDIAN RIVER LAGOON SCENIC HIGHWAY CORRIDOR MANAGEMENT ENTITY AGREEMENT This Agreement is made and entered into this the 14th day of March, 2000, by and between the MARINE RESOURCES COUNCIL OF EAST FLORIDA, a Florida corporation not for profit, hereinafter called MRC, and the following entities: Local General Purpose Governments (hereinafter called LGPGs): · Brevard County · Indian River County · Titusville · Cocoa · Rockledge · Palm Shores · Melbourne · Palm Bay · Malabar · Sebastian · Orchid · Melbourne Beach · Indialantic · Satellite Beach · Indian Harbor Beach · Cocoa Beach · Cape Canaveral Other Government Entities {hereinafter called OGEs) · U.S. Department of the Air Force, Patrick Air Force Base · Canaveral Port Authority · NASA, John F. Kennedy Space Center · U.S. Fish and Wildlife Service, Merritt Island National Wildlife Refuge U.S. Fish and Wildlife Service, Pelican Island National Wildlife Refuge, Archie Carr National Wildlife Refuge · U.S. Park Service, Canaveral National Seashore · Florida Department of Transportation · Brevard County Metropolitan Planning Organization · Indian River County Metropolitan Planning Organization · Florida Department of Environmental Protection, Division of Recreation and Parks, Sebastian Inlet State Recreation Area · St. Johns River Water Management District, Indian River Lagoon Program · East Central Florida Regional Planning Council' · Treasure Coast Regional Planning Council Community Organizations (hereinafter called COs) · Brevard Tourism Development Council · Indian River County Chamber of Commerce, Tourism Division · Brevard County Historical Commission · Indian River County Historical Society · Keep Brevard Beautiful I I · Keep Indian River Beautiful Those entering into this agreement are hereinafter called "Member Entities". FOr and in Consideration of the mutual benefit~ and obligations hereunto pertaining, IVIRC and the Member Entities agree as folloms: There is hereby created a Indian River Lagooni Scenic Highway Corridor Management Entity, hereinafter called CME, which shall initiate, coordinate and monitor plans, strategies, programs and events set forth in the/Jndicm River Lagoon Scenic Highway Corridor Management Plan, hereinafter callediCMP. The CMP is a dynamic document that shall be first approved and adopted by the CME and may be changed at any time by the CME. MRC shall provide staff resources md keep and maintain all records and funds of the CME unless and until the CiVfE directs otherwise. MRC shall appoint two representatives to serve/on the CIV[E, one of whom shall serve as Chair; each LGPG shall appoint one or two rep~'esentatives to serve on the CME (preferably a government representative plus a Citizen); each OGE shall appoint one representative to serve on the CME; each CO sl~all appoint one representative to serve on the CME. Each LGPG participating in this agreement, alo~g with Patrick Air Force Base, Canaveral Port Authority and Kennedy Space Center, by dping so agrees to the following: 1. The approval of the stipulated Indian ~River Lagoon Scenic Highway Route in the respective jurisdiction (complete route att~tched). 2. The approval of the Vision of the Indian River Lagoon Scenic Highway (attached). 3. The approval of the Preliminary Goals and Objectives of the Indian River Lagoon Scenic Highway (attached), as these goals and objectives are applicable and' · appropriate to its specific local government or jurisdiction. 4. The incorporation of the above three item in its Comprehensive Plan, or its equivalent, at the earliest opportunity. 5. The appointment of one or two representatives to the CME, as stipulated in the paragraph above. The representative (s) of each Member Entity shall serve at the pleasure of the representative's appointing authority. Membership on the CME may be expanded or reduced by majority action of the existing Member Entities. Each Member Entity representative shall provide technical advice in areas of planning, engineering, architecture, environmental management, and other activities which may contribute to the mission of the CME, as may be ~ppropriate to the representative. This Agreement is a continuing contract and program, however, MRC or any Member Entity may dissolve its participation in the CME With a thirty (30) day written notice in I I I I I I I I I I I i I I I I I i advance of the termination to the remaining party (ies). The CME will terminate when no party remains to be legally active. The CME may enter into formal partnership agreements to include various participating partners in the CME in addition to those identified as parties to this agreement. Partnerships may be long term or activity specific in nature. These partners shall not be considered Member Entities for organizational and voting purposes, unless the ClV[E votes to make them Member Entities. The bylaws of the lVlRC shall be the bylaws of the CME, unless and until the C1V~ decides otherwise. WITNESSES Marine Resources Council of East Florida Chakman Date (other agencies and organizations to sign on separate pages) Indian River Lagoon S~enic Highway Route . The limits of the corridor begin at Als Lookou~ Point, just north of the intersection of Robert Conlan Boulvard and US 1 in Palm Bayi proceed south on US 1 to the Wabasso Causeway (CR510), east across the causeway to SRA1A, north on A1A to Port Canaveral, then west on SR 528 (the Bennett Causeway) to SR3, north to SR405 (the NASA Causeway), west to US 1, north to SR 402/406, northeast to the Canaveral National Seashore, then south on the mainland to Aris Lookout Point to complete the circuit. The SR 520, SR404, SR 518, and US1~92 causeways are also included in the' corridor as intermediate connectors. I I I I i I I I I I I I i I I i I I I I i I I I I I I I I i i Vision of the Indian River Lagoon Scenic Highway We see an Indian River Lagoon with clear waters that glisten in the sun and glow in the moon - waters with grassy bottoms teeming with life ~ waters with sandy bottoms thick with clams ~ waters with succulent oysters clinging to cultch, shrimp with eyes that glow like Christmas lights under a Coleman lantern, snook that sound like a brick falling overboard striking your lure, alligator trout that make your reel sing and taste like heaven from a frying pan, giant red fish with tails flashing on the flats, ready to pounce on your bait and punish your back with a bulldogfight, mullet leaping in schools that give nothing away to the flying fish that play on the road to Mandalay. We see an Indian River Lagoon with pelicans and ospreys dive-bombing their prey, with dolphins playing, manatees basking, and herons and egrets and roseate spoonbills wading the flats, and with flocks of migrant birds racing the tourists to warmer climes, and then back to the north for the summer. We see an Indian River Lagoon with people boating and sailing and swimming and skiing and fishing - having so much fun they hate to leave, and can't wait to return. We see a Lagoon House at Ais Lookout Point exuding Victorian charm and southern hospitality along with a wealth of information guiding people to experience and also protect the wonders of eastern Florida's natur~ And then we see a roadway with open vistas of greenways and waterways to soothe the eyes of the weary traveler, the serene beauty of live oaks and sable palms to lift the spirit, and the sound of gentle surf rolling onto sandy beaches to refresh the soul We see a roadway with walloeays and bikeways and trails giving entry to the fascination and beauty of naturai Florida, to artifacts and buildings which are the legacy of those who have gone before and reflect the history of the pioneers. We see a roadway with pleasant medians and right of ways festooned with native plants and grasses and flowering plants and trees, and with excellent signage to guide the visitor truly on the way. We see a roadway with safety and service carefully built in, diverse with the bustle of business and the calm of open space - a thread to tie the towns together and create a community of the whol~ And then we see this community working as a team, bound together by the task of creating the vision of a scenic highway, and then carrying out the plan that turns the dream into reality. Preliminary Goals and Objectives of the! Indian River Lagoon Scenic Highway 1. Resource protection, maintenance, prese~ation and enhancement · Stabilization of shoreline with native vegelat~on and restoration of shoreline habitat I . · Removal of exotic vegetation that compromises habitat and obscures scenic vistas · Support implementation of the indian River Lagoon Program Comprehensive Conservation and Management Plan ' Recognize and provide non-impact access to and interpretation of historic, archeological and cultural sites.. · Support continued enhancement of and access to recreational resources ' Support efforts by jurisdictions to adopt an~l enforce appropriate signage rules · Provide appropriate directional signage for!the corridor and for the resources 2. Transportation and safety · Evaluate and implement ways to enhance kltermodal transportation and improve safety throughout the corridor · Seek to make resources accessible without ~ontributing to traffic congestion problems · Create destinations so that travelers will have places to visit, not just roads to drive · Cooperate with efforts to develop trails, watkways and bikeways throughout the corridor 3. Community support and participation · Seek to inform the public about the scenic highway program · Seek to receive fi.om the public input about goals and strategies for achieving the mission of the scenic highway program · Seek to elicit more active participation in hands-on conservation and enhancement programs such as pepper busting, water quality monitoring, native plant proliferation and the Florida Yards and NeighborhoodS~ program · Seek to mediate and resolve any conflicts that may arise over issues connected with the scenic highway program 4. Education and corridor story ~ · Become better informed ourselves about theiintrinsic resources of the corridor through the process of applying for scenic highway designation · Develop means of communicating to local citizens and to potential visitors fi.om away the story of the Indian River Lagoon 5. Economic development and tourism · Sell the Indian River Lagoon Scenic Highway corridor as a treasure to be experienced and preserved rather than consumed and destroyed · Provide appropriate infrastructure within the!corridor to enable such visitors as ecotourists to have an enlightening and enjoyable experience without adversely impacting the resources. I I I i I i I I I I I I I i I I I I i I I I I I I I I I I I I SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 9, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Neuberger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council present: Mayor Chuck Neuberger Mr. Joe Barcz~k Mr. Waiter Barnes Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. Staf~ Preserj[, City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Chief of Police, Randy White Public Works Director, Terry Hill City Engineer, Martha Campbell Finance Director, Mark Mason Park Superintendent, Chris McCarthy Deputy City Clerk, Sally Maio Regular City Council Meeting February 9, 2000 Page Two 00,033 00.034 AGENDA MODIFICATIONS (ADDITIONS AND~OR DELETIONS) Iten3s not on Ele wfiften agenda Illay I~e added only upon a majority vote of City Counc~ rnernbe~ (R-99-21) None, ~ PROCLAMATIONS, ANNOUNCEMENTS ANDiOR PRESENTATION~ A. Proclamation - National Visiting NurseS[Association 0VNA) Week - 2/13/00 - 2/19/00 Mayor Neuberger read and presented the proclamation to Margot Kornicks. Dr, Ronald Thomas arrived at this time an gave the invocation. B. C~ Hall Renovation Status Report PreSentation by Enclineedng Staff (En(~ineerinc~ Transmittal The City Engineer gave a presentation dn the proposed City Hall renovation. Diffusion took place on funding sources, including the po~ibili~ of seeking historical grant~. It was suggested that it be determined whether or not there is asbestos in the building; and di~us.qon took place on the value of thebuilding versus the renovation cost relative to building ced~.q. CITY ATTORNEY MATrERS o Reported l~at Citywide rezoning and text amendment ordinances would not be ready for Council for a first hearing until March 8, and asked if Council was comfortable with one headng before the ejection and one hearing after the election. It was the consensus df City Council to schedule the headngs this way. CITY MANAGER MA'I-rERS' It was the consensus of Council to request a recommendation on Code Enforcement fees from the Code Enforcement Board. 9. CITY CLERK MA3-1'ERS None. 10. CITY COUNCIL MA'FI'ERS A. Mr, Barnes None. I I I I I I i i I I I I Regular City Council Meeting February 9, 2000 Page Three B. Mr~ Bishop Asked whether staff needed direction on the City hall renovation and the City Manager said staff is ready to move fonvard with some planning and will come back to Council for funding direction. TAPE I - SIDE II (7:45 p.m.) C. Mr. Majcher None. D. Nlav~ Neuberger Requested Council consensus for official recognition of individual police officers. Discussed the atrocious condition of the alleyway, said he had received no report from staff, had contacted the Property Appraiser and received a report on value of properties on south side of Fellsmere Road. The City Manager responded that improvements are being considered in the capital improvement program for the alleyway. E. ~lr. Barcz,/k None. 11. CON_SEN'[ AGENDA All items on the consor8 agenda are considered routine and w~ be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Counc~ so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes ~ 1/26t00 Regular Meeting 00.035 Approve White Use of Community Center in Accordance with R-98-43 for A/B - 2/19/2000 - 5 pm to 11 pm - DOB Verified - Security Paid (City Clerk Transmittal 1/31/00, R-98-43 Excerpt, Application) The City Manager read the consent agenda. Mr. Barnes removed item B. MOTION by Bishop/Majcher '1'11 move to approve item A.' ROLL CALL: Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher aye aye aye aye aye MOTION CARRIED 5-0 Regular City Council Meeting February 9, 2000 Page Four Mr. Barnes questioned proof of age and the City Clerk said it was verified by the office. MOTION by Barnes/Bishop '1'11 make a motion to approve item B." 12. 00.019A ROLL CALL: MOTION CARRIED 5-0 p. UBLIC HEARING A. Mr. Barczyk Mr, Barnes Mr. Bishop Mr. Majcher Mayor Neuberger - aye - aye - aye - aye - aye Ordinance No. O-00-01 - Travel Policy ([=inance Director Transmittal 1/31/2000. Amended O-00-01) AN ORDINANCE OF THE Crl'Y OF SEBASTIAN, INI~IAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2 TO ESTABLISH A CITY-WIDE TRAVEL POLICY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABlUTY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O~00-01 by title. Mayor Neuberger opened the public hea~ing at 7:52 p.m. and the Finance Director gave a brief presentation. : Discussion took place on the proposed advance for City Council members. Tut Connelly, Sebastian, addressed City Council. Ray Coniglio, 941 Carnation Drive, SebaStian, addressed City Council. Mayor Neuberger closed the public hearing at 8:01 p.m. MOTION by Bame.s/Bishop "1'11 move to approve Ordinance Q-oo-01 ." ROLL CAI.L: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberge~ - aye Mr. Barczyk - aye 00.020 MOTION CARRIED 5-0 Ordinance No. 0-00-02 - Facilities at Con~mctJon Sites (City Attorney Transmittal 2/3/00L 0-00-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 26 TO REGULATE FACILITIES AT CONSTRUCTION SITE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiUTY; PROVIDING FOR AN EFFECTIVE DATE. 4 ! I I m i m m m m I I m I ! m ! I ! Regular City Council Meeting February 9, 2000 Page Five Mayor Neuberger opened the public headng at 8:02 p.m. and the City Attorney read Ordinance No. 0-00-02 by title. The City Attomey briefly reviewed the amendments. Chris Schlitt, owner of Reliable Poly-Jon, said it is virtually impossible to get to the back of the lots or even $ to 10 feet in from the property line to maintain the facilities. He said they can be anchored against wind but not vandalism. Sal Neglia, 461 Georgia Boulevard, Sebastian, addressed Council. Mayor Neuberger closed the public hearing at 8:16 p.m. Discussion took place on contractors providing a level area on the lot out of the right-of-way, and placement further than ten feet away from water. The City Attorney advised amendment to read as follows: 'It shall be a condition of every building permIt fi]at any temporary sanitary facility such as portable toilets located at a construction site shall not be placed within a public right-of-way, or within ten feet oft waterway or drainage improvement." The distance from a drainage ditch was left at ten feet. MOTION by Bishop/Barczyk 'I'd move to adopt Ordinance 0-00-02 as amended." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr, Barnes - aye MOTION CARRIED 5-0 13. INTROI;)UCTI_ON OF NEW BUSINESS FROM THE_PUBLIC Item that has occuffed or was discovered within the previous six months which is not otherwise on the agenda - sign- up required - limit often minutes for each speaker Herb Sturm, 549 Saundem Street, Sebastian, discussed the City Manager's evaluations and TAPE II - SIDE I (8:30 p.m.) employment agreement. Tut Connelly, Sebastian, discussed Jay Bennett. Regular City Council Meeting February 9, 2000 Page Six 00.006 00,036/ 99,131 14. 15. 16, COMMI'I'FEE REPORTS/RECOMMENDATIONS Ao Board of Adjustment 1. Intewiew, unless Wa'Ned, and ~Appqint Alternate Member with Unexpired Term to Expire 1~/2002 (City Clerk Transmittal ~1/'2000, One Application, Member List, Ad) City Council interviewed Harry Marshall. MOTION by Neuberger/Barczyk '1 would like to nominate Hamj Marshall to be seated on the Board of Adjustment as the alternate member in the unexpired term !to expire 6/2002." ROLL CALL: MOTION CARRIED 5-0 Mayor Neuberger Mr. Barczyk Mr. Barnes Mr, Bishop Mr. Majcher - aye - aye - aye - aye - aye OLD BUSINESS A. Authorize Staffto Revise add Rebid Polic~e Department Paintinq (Public Works Transmittal 2J'2/00) The City Manager advised that this was oply a status report since it had been before Council previously and that staff will rebid the proj~ect. City Council concurred. Mayor Neuberger called recess at 8:47 pim, and reconvened the meeting at 9:03 p,m,, All members were present. NEW BUSINESS 00.037 A. Cih' Manager Compiled Performance Ev'~luations (City Manager Transmittal 2/2/2000. HR Memo) The City Attorney advised that there is nothing that prohibits Council from giving an increase at this or any time. City CouncJI discussion followed on the proper method for evaluation and salary increase; and whether or not an increase was deserved at this time. The following individuals addressed City COuncil: Sal Neglia, Sebastian - opposed to increase at this time Tut Conneily, Sebastian - opposed to increase at this time Herbert Sturm, Sebastian - opposed to increase Further discussion continued on Mr. Moore's accomplishments and weaknesses. Regular City Council Meeting February 9, 2000 I I I i I i I I I I I I I I i I I I I I Page Seven Terry Hill, Public Works Director, noted all employees get an increase after six months with a satisfactory evalua§on. TAPE Ii - SIDE II (9:30 p.m.) MOTION by Bishop/Bames '1 would move at this point based on the criteria that I have that we give Mr. Moore a 4.5% pay increase retro to his six month anniversary which would be 1/7/2000." I I I I I 00.019B Bo The City Attorney cited Mr. Moore's agreement language whereby Council will again evaluate Mr. Moore in six months at his one year anniversary and consider a raise and then evaluate him again one year from his first anniversary. ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - nay Mayor Neuberger - nay MOTION CARRIED 3-2 (Majcher, Neuberger - nay) Besolution No, Ro00-03- Travel Policy in Accordance with Ordinance No. O-00-01 (Finance Director. R-00-03, Travel Policy) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A TRAVEL POLICY PURSUANT TO CITY CODE SECTION 2*78 AS AMENDED. I I I I The City Attorney read Resolution No. R-00-03 by title and noted that a scdvenem error whereby reference to Section DD should read Section W. MOTION by Barnes/Majcher '1 move to adopt Resolution R-00-03 establishing a travel policy." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 I I I I 00.029 Resolution No. R-00_-08 ~ Collier Club Final Plat Phase lB - Repeals R_-00-06.(En(3ineedn(3_ Transmittal 1/'Z7/00. R-00-08, Revised Plat Page Under S. eparate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDMSION KNOWN AS COLLIER CLUB PHASE I(B); PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read ResoluUon No. R-00-08 by title and explained that the previously approved plat had a specific revision date, but the plat submitted for signing had a revision on the dedication page, although nothing technically had changed. Regular City Council Meeting 7 I I February 9, 2000 Page Eight 00.038 00.039 MOTION by Barnes/Neuberger '1 make a motion to adopt ResOlution R-00-08." ROLL CALL: Mr. Bishop 'i - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk ' - aye Mr; Barnes " - aye MOTION CARRIED 5-0 Resolution Nq. R-00-09 - Plat Vacation[of Portion of Sebastian Hiqhlands Unit 16 (City Attorney ~'ra{~smit[al 2/3/00, R-00-09.Le~{~I Noti(~es. Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OFA PI.AT KNOWN AS UNIT 16 SEBASTIAN HIGHLANDS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R~00-09 by title. MOTION by Barnes/Majcher '1 move to adopt Resolution R-00-09," ROLL CALL: Mr. Majcher i - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bames - aye Mr. Bishop - aye MOTION CARRIED 5-0 A[3prove Purchase oJ' Gravely Mower froql Ariens Company - State Contract Price - $5,196.75. (Public WOrks Transmittal 1110100. StatelContract Price Listl). The Parks Superintendent addressed Council. MOTION by Bishop/Barnes '1 would move to approve the purchase of a Gravely mower from Ariens Company at the state contract price in the amount of $5,196.75," ROLL CALL: Mayor Neuberge~' - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 i I I I' I I I I I I I I I I I I I I I Regular City Council Meeting February 9, 2000 Page Nine 00,040 F. Traf~c SDeed_Monitofing Trailer - Approgdate $1L6_00. Waive Bid~na Procedures and Autho_dT.e City Manager to Purchase Mobile Traffic M~_n~or from Traffic Products. Inc. In th~ Amount of $11L600 Includjn(~ Shippinq Costs (Police Dept. Transmittal ?./_1/2000L3 Quotes) Chief White addressed Council. Tut Connelly, Sebaslian, objected to the purchase. MOTION by Barnes/Bishop '1'11 make a motion to approve the purchase of the Traffic Speed Monitoring Trailer for $11,600 and the additional appropriation that's required of $1,600." ROLL CALL: Mr. Barczyk - aye Mr. Bames - aye Mr. Bishop - aye Mr. Majcher, - aye Mayor Neub~rger - nay MOTION CARRIED 4-1 (Neuberger - nay) 00.041 G. ~.l~prove Purchase Qf John Deere Tractor and CUtter Attachr0~nt fr0rrl John Deere Governmental Sales in the Amount of $36.996,?.9 CPq[~lic Works Transmittal Z/Z/00. Florida .~_ta. te Contracl; price Proposal a~nd Pictures) The Parks Superintendent addressed Council. MOTION by Majcher/l~arczyk '1 make a motion to move to approve the purchase of a John Deere Tractor and'cutter attachment from John Deere Governmental Sales for a total amount of $36,996.29," ROLL CALL: Mr. Barnes - aye Mr. Bishop., - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-O 00.042 H, [l=iL-~t Reading Qf Ordit~ance No. 0-00-04 Amendin(~ Fiscal Year 2000 General Fund. Capita[ ProjectsLGolf C0[lrse and Airoort Bud(3ets (Finance Director Transmittal_Z/3~/00, 0-00-04.1st Quarte[ Budget_Review Memo, l~t Quarter Inco!;ne Statement. Proie~t Status Reports, Investment Sumrna~) AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 20(30 AS PROVIDED FOR iN EXHIBIT 'A'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting February 9, 2000 Page Ten The City Attorney read Ordinance No. 0-00-04 by title and the Finance Director reviewed the amendments. TAPE III - SIDE I (10:17 p.m.) MOTION by Barczyk/Majcher 'The recommended action is to,move to approve Ordinance 0-00-04, amending the fiscal year 2000 budget for the General fund, Capital Projects funds, Golf Course fund, and Airport fund and set public hearing for February 23, ROLL CALL: Mr. Bishop Mr. Majcher Mayor Neuberg Mr. Barczyk Mr. Barnes '.000.' - aye - aye er - aye - aye ~ aye MOTION CARRIED 5-0 The City Manager thanked City Council for their input and for the opportunity to serve the City of Sebastian. 17. Being no further business, Mayor Neuberger adjourned the Regular Meeting at 10:27 p.m. Approved at the ,1999, Reglular City Council Meeting. Chuck Neuberger Mayor Kathryn M. O'Halleran, CMC/AAE City Clerk I0 I I City of Sebastian 1225 Main Street I Sebastian, Florida 32958 Telephone (561) 589-5330 FAX (561) 5~-5570 ! · Subject: Request for Amendment to Use of Agenda No. L~O- O ~(~ Riverview Park by the Craft Club I //~ro~q~d for S/~~by: City Manager l~partment Origin: City Clerk /~ I For Agenda of: 2/23/00 I Exhibits: Letter Dated 1/18/00 Expenditure Required: ] Amount Budgeted: Appropriation Required: I I SUMMARY STATEMENT IThe City has received a letter Hopkins, Sec~a~ry Show, welcoming from Faith of the Sebastian Craft The Sebastian River High School Shark Band Boosters to s~t up a food stand in the park during their scheduled craft shows. She has contacted the Boosters and they would appreciate the oppommity to use Ithese events as fund ndsers. The Boosters are permitted to serve food under a licer~ i~sued to the High School by the Indian River ICounty Health Department. RECOMMENDED ACTION Consider the request and act accordingly. .. I ~ ~c~ ~. ~.~ ........... I 2000 Member ~e Hum~e Socle~ *f the United States I I City of Sebastian, Florida Subject: March of Dimes/Walk America Agenda No. t~tg. 0c[-7 Depamnent Origin: City Manager Date Submitted: 09,/11/9.000 For Agenda off 09,/23/9,000 Exhibits: Memo Dated February 9, 9,000 from Joan Bassoff, Community Director, March of Dimes and proposed walk route EXPENDITURF, I AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A I N/A REQUIRED: N/A SUMMARY The March of Dimes is sponsoring North Indian River County WalkAmerica for Saturday, April 1, 2000. It is their desire to use Riverview Park as the' North Indian River County start/finish point and to use the N.E. comer of the park pavilion with electricity. This event will begin at 7:00 a.m. and end approximately 10:30 a.m. In addition to the specific walk-a- thon route to be provided to the Sebastian Police Department the March of Dimes will provide an insurance certificate to the City. RECOMMENDATION Move to approve the request of the March of Dimes to use Riverview Park with electricity as the start/finish point for the North Indian River County Walk-America walk-a-thon, on Saturday, April 1, 2000 between 7:00 a.m. - 10:30 a.m. March East Central Florida Chapter Savi~ b~i~, wget~r . Treasure Coast Division '~ 1307 19th Place ~a~ ~ 20~ ~ ~ Vero Beach~ Florida 32960 %lephone (561 } 562-0115 --,~ ~ Fax (561~ 567-0854 C[~ CO~[ ~ Se~$~n Emait: FL327~modimes.org A~ntim: ~. T,=~ Moore, CiN Manager l~fi Ma~ S~et Sebasti~ ~da 32958 RE: Request to hold the March of Dimes, North Indian River County WalkAmerica at Riverview Park on Saturday, April I, 2000 Dear Mr. Moore: I am writing at this time to request your approval for the use of Riverview Park as the stal/finish point for the North Indian River County walk- a- thon and your approval of the enclosed walk route. I have also sent the route information to Chief Randy White at the Sebastian Polic~ Department for his approval. We were very pleased to use Riverview ~ark last year as our start/finish point. This location gives our participants greater visibility and adds excitement to an already successful event. We would use !he park pavilion area on the N.E. corner of the park from approximately 7 aim. to 10:30 a.m. Registration begins at 7:30 a.m., walk begins at 8:30 a.m., refi'eshments and awards begin at approximately 9:30 a.m. As in the past, We anticipate being out of the park no later than 10:30 a.m. WaikAmerica isnot new to North indian River County so wa are well organized and enjoy tremendous community support. We are also more than willing to do whatever it takes to comply with any city Or county'regulations. The March of Dimes would obtain an InsUrance Certificate for the walk and forward the certificate to the City. Please ilet me know what other information would be needed. I am requesting at this time that our reqUest for WalkAmerica 2000 route be added to your next City Council agenda. I I I I I I I I I I I I Thank you for your help. Sav~g bab!e~ together,., ¢~mmunity Dimclor I i I I I March of Dimes Sa~;ing babies, together March of Dimes WalkAmerica 2000 North Indian River County April 1, 2000 PROPOSED WALK ROUTE I II I I I I I I I I Mareb of Dimes Birth Defects Foundation East Central Florida Chapter Treasure Coast DiL'ision 1307 19th Place Veto Beach, Florida 32960 Telephone {561 ) 562-0115 Fax 1561) 567-0854 Email: FL327~modimes.org City of Sebastian, Florida i I I Subject:Sebastian River Area Chamber of Commerce/Business Expo -2000 Agenda No. 00' Obt~ Department Origin: City Manager Date Submitted: 02/11/2000 For Agenda of: 02/23/2000 I Exhibits: Memo Dated February 7 2000 from. Kathleen Bishop, Executive Director, Sebastian River Area Chamber of Commerce EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A i SUMMARY I I I I The Sebastian River Area Chamber of Commerce has requested the use of Riverview Park with the use of electricity to hold it's Annual Business Expo 2000, on Saturday, April 8, 2000 beginning at 9:00 a.m. - 6:00 p.m., and on Sunday, April 9, 2000 beginning at 10:00 a.m.- 6:00 p.m., along with the following street closings: Fellsmere Road - east of the Hess Station to Indian River Drive · Harrison Street - east of the No. Name Bar to Indian River DriVe · Indian River Drive from Coolidge Street - south to Harrison Street RECOMMENDATION i I I Move to approve the request of the Sebastian River Area Chamber of Commerce to hold it's Annual Business Expo 2000 at Riverview Park with the use of electricity, on Saturday, April 8, 2000, beginning at 9:00 a.m. - 6:00 .p.m., and on Sunday, April 9, 2000, beginning at 10:00 a.m. ~ 6:00 p.m., with the appropriate street closings as determined by the Sebastian Police Department. I I CHAMBER OF COMMERCE February 7, 2000 Terrence Moore City Manager City of Sebastian 1225 Main Street Sebastian, F132958 I I I RE: Business Expo 2000 Dear Terrence: The Sebastian River Area Chamber of Commerce is holding it's annual Business Expo on Saturday April 8n from 9:00am - 6:00pm ahd Sunday April 9th from 10:00am - 6:00pm. We are requesting the use of RivervieW Park and to ask for the closure of the following streets: Fel!smere Road, east of the Hess Station to Indian River Drive. Harrison Street, east of the No Name Bar to Indian River Drive, and Indian River Drive from Coolidge Street south to Harrison Street. · We are asking that this be put on the City's agenda at a Council Meeting for discussion, and since it is the City's 75th Birthday Celebration we are extending an invitation for the City to participate in the Business Expo. I I I I I I If you should have any questions regarding this request, please feel free to give me a call at 581-0485 Executive Director cc/, I ~,. 700 MAIN STREET I SEBA~IAN, FL 32958-4199 PHONE: (5611 589-5969 ~ FrkX: (5611 589-5993 http://sebastian.fl.~s/chamber email to - srachamber~sebastian.fl.us I I I I I I i I City of Sebastian 1225 Main Street Sebastian, Floridn 32958 Telephone (561) 589-5330 FAX (561) 589-5570 Subject: Request for Use of Yacht Club Agenda No. ~ 0 ~ Oc//~~ /~pproved~for Submittal.bvTC~ M .mk.,.ager Department Origin: City Clerk For Agenda of.' 02/23/00 Exhibits: February 3, 2000 Expenditure Required: Amonnt Budgeted: I Appropriation Required:' I SUMMARY STATEMENT The City has received a letter from JoAnn Osmundson, Chairperson of the 4~' of July Celebration, requesting use of the Yacht Club for their planning meetings. They are requesting the first and fourth Monday of each month from 5:30 PM to 7:30 PM through the first week in July. Historically this request has been approved and muses no conflict with other uses at the facility. RECOMMENDED ACTION Consider the request and act accordingly. LIONS CLUB OF SEBASTIAN. INC. P.O. Box 780411 Sebastian, FL 32978-0411 I I February 3, 2000 i i City of Sebastian Main Street Sebastian, FL 32958 To Whom It May Concern: It is that time of the year again when the Lions Cl~Ib of Sebastian takes on thc job of planning the 4t~ of July Celebration for the year 2000. If at all possible we would like to use the Yacht Club from 5:30 to 7:30 on the first and ~l~ Monday of each month through the first week in July. We thank you in advance for your help. ' Sincerely, JoAnn Osmundson Chairperson 4t~ of July Celebration Lions Club of Sebastian Phone 561-589-1447 i I I I I i I I I i I i City of Sebastian 1225 Main Street Sebastian, Florida 32958 Telephone (561) 589-5330 FAX (561) 589-5570 Subject: Request for Rental of Community Center .//e/d/~or Submitt al by~t~z~Manager Agenda No. ~ 0- ~ ~-'~ Department' Origin: City Clcrk'~-~ Date Submitted: 02/15/2000 For Agenda of: 02/23/00 Exhibits: Application Dated 2/15/00 Expenditure Required: Amount Budgeted: Appropriation Required:- SUMMARY STATEMENT The City has received an application from Garde Scott, for rental of the Community Center on March 11, 2000 from 7:00 PM to 12 Midnight for a birthday party. As required by R-9843, Section I(B) (copy attached), the applicant is requesting permission for use of the facility until 12:00 Midnight. The security deposit has been paid. RECOMMENDED ACTION Consider the request and act accordingly. KESOLU~ON NO. R-98~3 A ~SOLtrnoN og VaX crr~ OF S~/a~,/~roI~a~ uav~a co~, ~0~ ~a~~ ~o ~ ~ o~ ~ sg~~ co~y ~ER,' SEB~ YA~ ~ ~ ~ COBOL PRO--GAnG R~ ~ PaO~~ FOR USE OF PROLOG FOR~ CO~ON OF ~~ ~ES, SE~TY DEPOSES, ~ OT~R ~G~; P~~G ~ USE OF ~ FA~L~S FOR CO~~ PRO~ G~~ A~S; PROLOG FOR ~PE~ OF ~SOL~ONS OR P~ OF ~L~ONS ~ CO~I~ ~~; ~ PROLOG FOR ~ E~~ DA~ WHEREAS, the C~ ofSdmstian ~ and,naintalZ,~ a Y~t Club md a Co~ Cen~ for ~e md b~efit ofi~ ~ ~d a Ci~ C~ ~ f~ ~e op~fion ofCi~ gove~g md ~~~ ~~ of~ ~ ~ ~ ~ promo~ ~e g~eral he~ s~e~ ~d welf~ of ~ose ~ ufil~g ~ f~; ~ '. ~~, ~ C~ Co~ d~ it ~ ~ ~pose ~[n f~ for ~e in order to defray the cost ofmaintenance and repair. ' NOW, THEREFORE, BE IT RESOLVED BY ~ CITY COUNCIL OF THE CiTY OF I i I I i I I I I SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SECTION 1. RULES AND REGULATIONS: Tl~ City Council hereby adopts the following rules , and regulations for the u~ of the Sebastian Community C~r and the Sebastian Yacht Club. A. An application for a permit ~o u~tlr Community Centex or thc Yacht Club must be completed on forms provided for ~:h purpo~ by the City Clerk. A~ ~plication for a permit must be received by the City Clerk at least two w~k~ prior to thc date of tl~ r~lU~ B. The City Clerk shall issue a use permit upon a determination that thc requested use is permissible pursuant to this Resolution and all fees have been paid. In the event that the proposed use may I i I I I include activities involving gambling alcoholic beverages, the use of a facility after 11:00 p.m., or if an admission charge is to be asse~sefl, then the City Clerk shall not issue a use permit until directed to do so by the City Council. I I I i CITY OF SEBASTIAN RENTAL PERMIT APPLICATION DATE: ~.2/.-~/~/~ [--~COMMUNITY CENTER ~-~ NAME OF//PERMI3-1'EE: ~',"~-, '~ ,,_~-~.~ 7'-7-'- ADDRESS OF PERMITTEE: /'~ ? q '"~o ~'~,',- ~ NO. Street PHONE # ~/o'-/ 72-~' ~'¥1! MAILING ADDRESS: NAME OF GROUP OR ORGANIZATION: REASON FOR RENTAL: .<:~ ~'~ j~-r' ~ 1-~ J ANTICIPATED NUMBER OF PERSONS ATrENDiNG EVENT:____~ If mom than 75 atteade~s, ~ duty police ofli¢~ se~vica- ma~ be r~iuirad REQUESTED DATE: ~A~'t I I TIME: From: '7_ PLEASE ANSWER YES OR NO: 1. ARE KITCHEN FACIUTIES REQUIRED? 2. ARE YOU A RESIDENT OF SEBASTIAN? 3. WILL DECORATIONS BE PUT UP? 4. WILL THERE BE AN ADMISSION OR DOOR CHARGE? 5. WILL ALCOHOLIC BEVERAGES BE SERVED? YACHT CLUB c ty Office Use FEE O n ly $ ?/_>~'7, ~ Total ....... ~x~. ~-~ Tax x~. ~,~ _Tota ........ (a) If answer to ft5 is Yes, Permittee's proof of Age: (b) If alcohol is to be served, permissio~is/equired by City Council. Your request will be presented to council on: ~//y.~z~4) /- 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) SECURITY DEPOSIT ........ RENT ........................... 7% TAX ................ .. .......... OFFICE USE ONLY DAT~ P~D RECEIPT NO. INITIALS $2so.oo APPROVED ALCOHOL BEVERAGE REQUEST Police Department Agreement Verified (if applicable) Date Key Pickup Date: Key Returned Date: SECURITY DEPOSIT RETURNED BY CITY CHECK # FOR $ r-~DISAPPROVED ON: COMMENTS: i TO RENTERS OF SEBASTIAN COMMUNITY CENTER OR YACHT CLUB: I A deposit of two-hundred fx~ dollars ($250.00) for cleanup must be made with the appLication, i This deposit is refundable kfthe building is le~ clean and undamaged by permittee. If cleaning or repair is necessary by City employees, this deposit or a portion of the deposit shall I be forfeited, based on information supplied by the superintendent of buildings. {J'Halloran, CMC/AAE cityic~k c4 ' ~,.. ~a col ~ .~ _c_~ _~'/~ ~:, permittee for said premises, have read the rental roles and regulations and agree to all the conditions listed. Furthermore, I understand that neglecting to clean the premises immediately afterward will result in forfeiture, in part or full, of the'security.. . deposit. Date Signature I I I I I I I I I I I I I City of Sebastian 1225 Main Street Sebastian, Florida 32958 Telephone (561) 589-5330 FAX (551) 589-5570 Subject: Ordinance No. 0-00-03 - Methodology for Measuring Lot Width in Riverfront Performance Overlay District Approved for Submittal by: City Manager Department Origin: City Att~3rn~.~~ Date Submitted: 2/17/2000 For Agenda of: 2/23/2000 Exhibits: Ordinance No. 0-00-03 Expenditure Required: Amount Budgeted: Appropriation Required: N/A N/A SUMMARY ~TATEMENT Ordinance No. 0-00-03, establishing the method for measuring lot width in the Riverfront Performance Overlay District, was approved on first reading and scheduled for public hearing on February 23, 2000, RI~COMMF_,NDED ACTION Conduct the public hearing and move to adopt Ordinance No. O-00-03. ORDINANCE NO. !O-00-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-19.3 (19) , LAND DEVELOPMENT CODE, RZVERFRONT OVERLAY DISTRICT DEFINITIONS; PROVIDING FOR iCONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Riverfront 0verl~y District provisions of the Land Development Code of the City oif Sebastian provides maximum lot width coverage for structures ~ithin the district as a means of maintaining low density within the district and riverfront vistas for the citizens of the community; and WHEREAS, regulation of this nature is unique to the Riverfront District; and WHEREAS, the definitions to the. overlay district regulations provide that widths are measured byl a line parallel to the street frontage of the lot, but do not delineate where in the dimensions of the lot this line is to be measured; and WHEREAS, application of the general Code directive that lot width be measured along the front s~tback can lead to inequitable results where side lot lines do not run parallel; I I I I I I I I i I I I i I I i I I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 20A-19.3(19) of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-19.3. Definitions. (19) Width means a lineal dimension of a site or building measured on a line parallel to the line of the street frontage. In measuring Lot Width, said parallel line will run through the midpoint of a perpendicular line extending from the midpoint of the front lot line to the point at which it intersects the rear lot line. Section 2. CONFLICT. Ail 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. EFF~CTIlrE DATE. effect upon adoption. This Ordinance shall take 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 Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barn~s Councilmember Ben A. Bishop Councilmember Edward J. M~jcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this 23rd day of February, 2000. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Chuck Neuberger, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and l!egality for reliance by the City of Sebastian only: ~ich Stringer, City Attorney i i I Cit , of Sebastian, Florida EXPENDITURE REQUIRED: N/A Subject: Ordinance No. 0-00-04 Amending Fiscal Year 2000 General Fund, Capital Projects, Golf Course, and Airport A~proved.fiS/ffSubmi~al by.'~~ager _ Exhibits: Ordinance No. O-00-04 1st Quarter Budget Review Memorandum. 1st Quarter Income Statement by fund at the character level Project Status Reports by fund Investment Summary as of December 31, 1999 AMOUNT BUDGETED: N/A Agenda No. t0~- 0 e~2/ Department Origin: Finance ~ Date Submitted: February 14, 2000 For Agenda of: February 23, 2000 APPROPRIATION REQUIRED: N/A S~Y On February 9, 2000, the City Council approved Ordinance O-00-04 amending the Fiscal Year 2000 General Fund, Capital Projects Funds, Golf Course Fund, and Airport Fund Budgets for second reading on February 23, 2000. We are proposing to increase General Fund Revenues and Expenditures by $205,935, Capital Projects funds by $193,963, Golf Course fund by $40,753, and the Airport fund by $3,375 in accordance with the 1st Quarter Budget Review attached. The 1st quarter budget review breaks own each affected department and fund with the amounts associated with the changes. RECOMMENDED ACTION Move to adopt Ordinance 0-00-04, Amending the Fiscal Year 2000 budget for the General fund, Capital Projects funds, Golf Course fund, and Airport fund. ORDINANCE NO. O-00-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIvER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDhNG SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT "A": PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHERAS, on September 23, 1999, the City of Sebastian adopted Ordinance No. 0-99-16 providing for the adoption of the City's 1999-00 budget; and WHEREAS, an analysis of the first three (3) months' revenues and expenditures has indicated that some adjustments are necessary, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 1999 and ending September 30, 2000 be amended, a copy of which is attached hereto and more particularly identified as Exhibit "A", which are hereby adopted and the revised appropriations set out therein are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. If any clause, section, or other part of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Ordinance shall be come effective on January 1, 2000. It was moved for adoption by Councilmember The motion was seconded by Councilmember being put to a vote, the vote was as follows: and, upon Mayor Chuck Neuberger Councilman Walter Bames Councilmember Joe Barczyk Councilmember Ben Bishop Councilmember Ed Majcher The 'Mayor thereupon declared this Ordinance duly passed and adopted this 23rd day of February, 2000. By: CITY OF SEBASTIAN, FLORIDA ' Mayor Chuck Neuberger ATTEST: Kathryn M. 0'Halloran, CMC/AAE City Clerk Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney i i I I I I I i I I I I I I I I I i ORIGINAL RECOMM~E~NDED ADJUSTED BUDGET ADJUSTM-ENTS BUDGET GENERAL Revenues $ 6,917,158 $ 205,935 $ 7,123,093 Expenditures $ 6,917,158 $ 205,935 $ 7,123,093 CAPITAL PROJECTS Revenues $ 2,371,297 $ 193,963 $ 2,565,260 Expenditures $ 2,371,297 $193,963 $ 2,565,260 GOLF COURSE Revenues $1,335,650 $ 40,753 $1,376,403 Expenses $1,335,650 $ 40,753 $1,376,403 AIRPORT Revenues $ 127,505 $ 3,375 $ 130,880 Expenses $ 127,505 $ 3,375 $ 130,880 EXa~-IIBIT A TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER DATE: JANUARY 28, 2000 SUBJECT: !sT QUARTER BUDGET REVIEW - DECEMBER 1999 As of December 31, 1999, the status of budgets for the major operating fund was as follows: ORIGINAL RECEIVED/ BUDGET EXPENDED GENERAL Revenues $ 6,917,158 $ 2,496,068 Expenditures $ 6,917,158 $1,831,560 GOLF COURSE Revenues $1,335,650 $ 407,885 Expenses $1,335,650 $ 267,685 % OF BUDGET BUDGET RECEIVED/ BALANCE EXPENDED $ 4,421,090 36.1% $ 5,085,598 26.5% $ 927,765 30.5% $ 1,067,875 20.0% AIRPORT Revenues $ 127,505 $ 26,228 Expenses $ 127,505 $ 27,153 Highlights of the mid-year status analysis include: 101,277 20.6% 100,352 21.3% Overall revenues supporting the General fund are being received as planned. During thc first three months, 36.1% of the budgeted revenues were rec~eived. The first quarter budget review includes recommendations to increase overall revenue by $205,935 that consists of $347 in Telecomm Franchise Fees, $4,000 in Occupational Licenses, $50,203 in Federal and State FEMA grants for Hurricane Floyd, $6,840 in other fees, $33,000 in Court Fines and Driver Education Fees, $20,759 in other revenues, consisting of $18,259 in insurance proceeds and $2,500 in reimbursements, $43,113 for prior year reserves for encumbrances and a net increase in appr ~riations from disaster emergency reserve to fund cleanup, etc. from Hurricane irene. The General fund expenditures are projected to have a net increase of $205,935 resulting from the appropriation of funds for prior year encumbrances of $43,113 carded over into and paid in the current year, increases in expenditures resulting fi.om appropriations made during the first quarter and a net increase in contingency of $141,425. 2. Special Revenue Funds The Discretionary Sales Tax and Local Option Gas Tax Special Revenue funds are receiving revenue as planned and recording expenditures as expected. There are no changes anticipated at this time. 3. Debt Service Fund Overall, the debt service fund is receiving revenue as planned, however, the special assessments revenue does not come in until March through April. There are no changes to this fund for the first qUarter. 4. Capital Projects Funds Enclosed with this budget review are capital project status reports. In addition these reports illustrate new projects associated with Hurricane Irene and Floyd. The recommended increase to the Capital Projects Funds is $193,963. 5. Golf Course Fund The Golf Course fund anticipates revenue increases of $40,753 as a result of FEMA grants and insurance proceeds recorded and received due to Hurricane Irene and Floyd. Currently, Golf Course Fee revenue is lagging behind anticipated receipts through the first quarter due to heavy rains during the first three months of the fiscal year, however, no change in revenue estimates Mil be made at this time. Staff will continue monitoring the revenue streams through the next three months to determine if a correction or adjustment is necessary in our forecasted revenues. The Golf Course expenditures are expected to increase by $40,753 due to the costs associated with Hurricane Irene, however, they will be offset by the FEMA reimbursements and insurance recoveries received to date. In addition, encumbrance carryovers contribute $18,226 to this amount. 6. Airport Fund Overall revenues are being received as planned in the first quarter. We anticipate $3,000 in additional interest revenue as a result of favorable rates, and recommend an increase accordingly. Expenditures are occurring as anticipated. Adjustments reflect a reclassification of a portion of personal services to administrative fees for Airport management by the General fund, prior years encumbrance carryover and a net increase to contingency for the difference. 7. The following project/program improvements are proposed to be added as a part of the 1st quarter review: Reorganization of the traffic function to Engineering department from Roads and Drainage division resulting in an increase to Engineering department's personal services budget of $25,824 and a decrease to the Roads and Drainage division's personal services budget of $25,830, resulting in a net decrease in expenditures of $6. Reorganization of the Risk Management section in the Financ. e department by reclassifying the costs of Worker's Comp and safety related issues to the Human Resources department and a lateral transfer of the position associated with the function to Human Resources. This reorganization will result in a decrease to the Finance department's personal services budget of $27,905 and a corresponding increase to the Human Resources' personal services budget. Staff has kept well within the adopted budget in all funds to maintain maximum fiscal flexibility. continue to. monitor and review each position vacancy as it occurs for service level consequences. Staff will i I I I I I I I I I I I I I ANALYSIS OF GENERAL FUND REVENUE Overall revenues supporting general fund activities are being received as planned. A total of $2,496,068 or 36.1% of the $6,917,158 budget was received during the first three months of the year. This percentage is high due to 77.1 percent property taxes being received during the fa:st quarter. Last year 24% of budgeted revenue was received in the first quarter. TAXES: Real and Personal Property Tax Collections were 77.1% of budget which is higher than fiscal year 1998-99 when 43% of the property tax budgeted was collected. Staff is optimistic, however, that the amount budgeted will be collected by fiscal year end. The Franchise Fees and Utility Service Taxes will need to be closely monitored, as most of them are below the 25% collection estimate for the first three months of the year. This is due to timing differences in recording the revenue and the actual cash received, however, we are confident that the revenue budgeted will be realized. The Telecommunication Franchise Fees received are higher than expected and an increase of $347 is recommended. LICEN_ SES AND PERMITS: Occupational and Professional Licenses are being received at the same pace as last year, at 78% of budgeted revenues. Occupational license penalties and transfers are up significantly from the previous year necessitating a recommended increase of $4,000. Construction permitting is well in advance of the previous year recording 51% of budgeted revenues versus 30% for the same period last year. While revenues are up significantly, no change is recommended at this time in order to see if we maintain this pace. INTERGOVERNMENTAL REVENUE: During the first three months of 1999-00, the City has received 16.2% of the projected revenue which is 8% above last year for the same period. This is due to timing differences associated with when revenue is recorded and when actual cash is received. The cash receipt received in October is generally associated with revenue received in August and therefore, in accordance with generally accepted accounting principles, would be recorded in the prior year. As such, the revenue (not cash) received in October, 2000 would be recorded in September, thus evening out the revenue recorded. Based upon calculations used during the budget process, we are confident the revenue will be received as budgeted. In addition, the contracts with the Florida Department of Community Affairs were received in the first quarter at 87.5% of the costs associated with Hurricane Floyd. Therefore, we are recommending an increase of $50,203 to Grants-FEMA. This will be offset by a decrease of $44,952 to Appropriations from Disaster Emergency Reserves for amounts appropriated for the Compound Storage Shed and amounts for the Yacht Club Pier. The difference between amounts reflects payroll costs incurred as a result of Hurricane Floyd in the prior year. GENERAL GOVERNMENT REVENUE: During the first three months the City has received 23% of the budgeted revenues in this group. This is 95.6 percent down from the previous year of 45% received during the same period. The difference reflects that in the prior year, more than half of the revenues budgeted for had been collected in the first three months. In addition, Cemetery lot sales which made up the bulk of the prior year budget has been less this year at 16.9% of budget as compared to a year ago when it was 60% of budget received. We feel however, based upon prior experience that the budgeted amounts will be realized, however, staff will continue to monitor this group closely. We are, however, recommending increases to Maps/Publications sales and PD Overtime Service Fees of $385 and $3,000, respectively, for amounts received in excess of budget. We recommend increasing the Airport~-% Administrative Fees by $3,455 for personal services costs associated with the Public Works Director as acting Airport Manager. ' ' FINES AND FORFEITURES: ' During the first three months, 39.6% of revenue had been collected or received as compared to 24% in the prior year. This reflects an increase in traffic citation revenue from 23% of budget in the previous year to 37.5% in the current year. Therefore, based upon the average collection: per month, we recommend an increase of $20,000 in Court Fines and a corresponding increase in Drivers Education revenue of $13,000. MISCELLANEOUS REVENUES: During the first three months the City has received 29.1% of miscellaneous revenues. This compares to 50% received in the prior year for the same period, a 41.8% decrease. This decrease is due to under budgeting in the prior year for interest earnings resulting in the higher percentage received in the prior year. We are on target to receive the budgeted amounts in the current year. In addition, we have received Insurance Proceeds from Hurricane Irene and Floyd in the amount of $18,259 and recommend increasing this budget accordingly. During the year, various reimbursements are made to the City not associated with any single account. To date, we have received $1,784 and recommend increasing the budget to $2,000. OTHER REVENUE SOURCES: : During the course of the prior year, encumbrances of appropriations were made which carry over to the current year. In order to comply with a balance budget, it is necessary to increase the General fund budget for these encumbrances. Therefore, we recommended that an appropriation for prior year encumbrances be made in the amount of $43,113. This is standard procedure when carrying over encumbrances to the new ~,ear. Encumbrances are the City's commitment to pay, In addilion, there was an increase to the prior year's fund balance of $98,720 which included the funds to cover the encumbrances. Pursuant to our memo to the City Council located in yom- November 17, 1999 agenda packages, there are amounts to appropriate for costs associated with Hurricane Irene until we receive a contract fi-om the Florida Department of Community Affairs notifying us that our projects will be funded. The City has already picked up these costs, however, it is necessary to increase the budge~ for those departments which bore the bnmt of the costs. We reco _mmend appropriating $17,039 for those costS. This mount will be modified upon receipt of the contracts, i The following changes are a summary of the analysis above and are the net recommended changes to the revenue accounts: .~ '. ' '~., , ~ '~ '. .... -~ . ~.,:. ~,~. ' ' ~.*Rl~'~,~'-,~i.'t. ' ..... ~. '* ' ~' '._Ir' . ' ~ ' ' .~t~ .~.,~v.~r~,~#~'.,,~.,~ Taxes 4,265,503 347 4,265,850 Licenses and Permits 409,40p 4,000 413,400 _Intergovernmental .1,436,74D 50,203 1,486,943 Charges for Services 48,91~ 6,840 55,755_ Fines and Forfeits 80,200 33,000 113,200 Miscellaneous Revenues 227,200 20,759 247,959 Interfund Transfers 9,20~ ~ 0' 9,200 Non-RevenUe Sources 44,0.,.,0,~0 '90,786- 530,786 ' "...' '~'"':~, ~'~j- - ". ' . '." ~' ..... ;..,'.2 ~,-' ';,i':'2' ' .... ~" ' .... Total ..... ,. :.,~.., .... . .. I. -6,917,15 .......... 05,9351 ....7,123,093 ' 2'"'"'"')"._"'"' .:...,. , .,.., ._ s -,* _2 . . ,~__. ~:r RECOMMENDED INCREASE TO THE GENERAL FUND REVENUES $205,935. ANALYSIS OF GENERAL FUND EXPENDITURES The recommended adjustments to the General Fund departmental expenditure accounts include funding for encumbrances carried over from the previous fiscal year to the current year. Most departmental percentages were at or below the 25% level for the first six months. Some of the higher percentages are due to expenditures made against the encumbrances referenced above, but have not as yet been appropriated. In addition, there are additional funding requests included by department. EXPENDITURES: PERSON~ SERVICES 14,210 0 14,210 OPE~T~G E~E~~S 5,300 1,000 6,300 C~~ O~AY 0 2,860 2,860 Operating Expenditures - $1,000 is being recommended for expenditures associated promotional activities of the City Council. This is a generally accepted practice in other communities and is recommended to be instituted here. Capital Outlay - Recommended increase for the costs associated with the purchase of lapel microphones fo~: the City Council. 'ADJUS~D. ~..~ .~.,,-~;;~ ~'-'~.~ ~,.~ ~RE~SED~., ............ ~ ..... , ........ ..., ......... ~ ~., ...~ ~.... ~ ....... ~.~2~ :~.t~....~.-, er.,~ ...~.'.' ,- 1999,2000,~ ~ECOMME~DED,.~ ~1999~2000 ;: ,.., .:.~. . .. ..... ~.,..:..~:.: ,... . ' B~GET. gT~ "~?CII~N ...-. G E.S; ~[g'.r;~5 ..~..:... ~BUDGGET ~.~ :: PERSON~ SER~CES 165,667' 4,572 170,23~ OPE~T~G E~E~~S 11,900 576 12,476 C~~ O~AY 700 500 1,200 Personal Services - Recommended adjustment associated with the City's obligations for dependent'health insurance premiums. The increase accounts for the 100% dependent health insurance premiums associated with the City Manager's contract. Operating Expenditures - Increases recommended for the City Manager's cellular phone charges at an estimated $76 per year and postage at $500 for the year. Postage is being offset by a corresponding decrease in Non- departmental postage. Capital Outlay - Accounts for the MUNiS Accounting System costs encumbered in the prior year. PERSONAL SERVICES 203,435 351 203,786 OPERATING EXPENDITURES 55,231 800 56,031 -cAPiTAL oUTLAY 2,000 0' 2,000 OTHER.,, 4,430 0 4,430 Personal Services ' Net increase of $351 associated with the City s 50% obligations for dependent health insurance premiums. Operating Expenditures- Net increase of $800 associated With allocation of postage from Non-depart'mental. PERSONAL SERVICES 84~3 9 (750) 83,639 OPERATING EXPENDITURES .19!730 550 20,280 CAPITAL OUTLAY 0 0 0 Personal Services - Net decrease of $'/50 associated with a ./t¢crease in estimated group health and dependent health insurance premiums, i "- Operating Expenditures - Net increase of $550 associated With the allocation of postage, $50, from Non- departmental and $$00 in fuel costs for the City Attorney's ~tehicle. PERSONAL SEaviCES OPERATING EXPENDITURES CAPITAL OUTLAY 242,526 (28.305) 214,221 55,'58 1,496 57,054 iO0 1,042 1,742 · ~.,otal ......' ..... · .'; ,.~ '.,...:'.' :;-i'~'...''.' 5.298;?84 .z:: '....:.',.;: .... .' (25,767) Personal Services - Program reorganization regarding worker's compensation and risk management by lateral transfer of Account Clerk Ill position and budget to Human Resources. Total transferred $27,905. Also, net decrease associated with City's obligation for dependent health insurance premiums. I I I I I I I I I I Operating Expenditures - Increase associated with $1,200 in postage allocated from Non-departmental and $296 encumbrance carryover for deparmaenml supplies from prior year. Capital Outlay - Increase accounts for encumbrance carryover from prior year. CAPITAL OUTLAY ........... · .... ~.,. ' .... .~c ..... - :' ADJUSTED. · "' '~"., ' ."~"f'~- ."';~' "" .O-:,~; :., ~:::' '..-~, ..... , ~ "..'.. ""H;~'~'' ..'...' .:/~,;':'";3:" g~, '~ '~2,,;,~: .'. '"%%:. ,~: ~..,r..~aat,~i: ~.,~_',-.~.-,~. Departmen't-~.~IIuman Resources ~. ~1999:2000~ ~COM~NDED.;:..~9~i2000.¢ ........ '-':.: ....... ' .... ~ .... ' ........ .:: .BUDGE~'~ ~.. CHANGES .:..... PERSONAL SERVICES 93,599 27,655 121,25~ OPE~T~G E~E~~S 39,865 0 39,865 700 5,573 .6,273 Personal Services - Net increase associated with program reorganization and lateral transfer of Account Clerk 111 position from Finance, $29,705, decreased by reduction in Group Health Insurance estimate. Capital Outlay - Increase accounts for encumbrance earryove, from prior year. · . ;',.,' .... '. ,~.. ....... , -~- ~.,.~.~1t~3-'~;-,.~ -.-.~;..~.tkLPJ LI~:I-JSLI, ~ ~. ~ .... ~ ..%' ,. ~ ...... .... ;- . . ..... ~,. ,.. .... , ~. ~.. ~,: , ~ . · Depann,ent. :~OilC~ '~,...,.', ...... ~.. ~I99~:2000,:~- 'COMMENDE - .... ~,.C:>:.'Admmlstrat]on Dlvlsxon 2.,,', :~BUOGET~ ~i.:.:,: CItANGES.~c[.Eg .e.B~GET~:q I PERSONAL SERVICES .... . 280,405~ (1,~7)1 278,558 OPE~T~G E~E~~S 67,495 2,145 69,~0 C~~ O~Y 5,200 0 5,200 Total ...i ..'2 ...... ~,.:...,. ....... ' ~...'....... '..' . '.........',..' 353;100 ..'~,;~:: ........... ~, i'..2... ,.~'...;i ;..,.,.. 298 ..,. ~'.'~5353'.,398 Personal Services - Net decrease associated with a decrease in City Chapter 185 contributions of $2,797 and a net increase in dependent health insurance premiums of $3,950 offset by a decrease in group health insurance of $3,000. A change in actuarial funding percentages as of 10/1/99 reflects the decrease in the City's Chapter 185 contributions. Prior to the actuarial change, the City's contribution rate was set at 7.8% of covered payroll, following the change, the City's contribution rated decreased to 2.1%. Operating Expenditures - Increase accounts for encumbrance carryovers from prior year. " ,T ,'~ .' ,- ..-~a'.-,';" ~ '..2 .~i"~'~',."." e- .... :,: .:::. .',.,. ~ .:..,.~:,-,.~,:.,~:-, .~. :~ ~.....?...v,:-.-..~ .,.ADJUSTED: ~;~.~:'.-,.,~,:.-;.'...t.~. .a~:.,~ :.-'"-' ;','.;"-:' 'cC' ';:.'.<-':~t.';1"~.2'.-~'/.;..':,:.".¢: ~;:'~5: ..'~:'.~. -,r~_~..:~..',~3~a,%~ ~'~t~',*;.".",...':~:<. ," · ' .":;1999-2000 ' Department. Pohce ... ,... ~.~., .,. ~. = ': .'.- "; ';.....', ':-'; '.,.-',? ~, ~-.'. ~'};~""-: ~...,,.: .' '...:~.. "::;:~., ~,.*.:.~ ~','0~,~ ',~..".~...&'~r..,:<. 'l ';"' :"':'"'"""*'~ "" '"'~" ' ~ '"" ..... ' '~" ' ~ '~ ,-'~... : '. l'atTo! DIVI$1011 :-.... ''.: .'BUDGET "::',.~:':. CFI~'GES "."..: PERSONAL SERVICES 1,110,335 (51,842) 1,058,493 OPERATING EXPENDITURES 101,343 0 101,343 CAPITAL OUTLAY 2,000 0 2,000 ': ":'"" 678 842) ~' 1,161';836 I Personal Services -Net decrease associated with a decrease in City Chapter 185 contributions of $47,185 and an increase in dependent health insurance premiums of $8,550 offset by a decrease in group health insurance of $13,450. A change in actuarial funding percentages as of 10/1/99 reflects the decrease in the City's Chapter 185 contributions. Prior to the actuarial change, the City's contribution rate was set at 7.8% of covered payroll, Hurdcanef°ll°wing thelrenechange,of $243theareCity'Srecommended.Contribution rated decreased to 2.1%. In addition, overtime costs associated with I I'ERSONAL SERVICI~S 2921997 (11,177i 281,820 oPERATING EXPENDITURES .... 55a_282 -'--'" 0 55,282 I c Prr OUTLay ,7;000 0 . 7,000 Personal Services -Net decrease associated with a decreas~ in C'ty Chapter 185 contributions of $12,477 and an 1 increase in dependent health insurance premiums of $4,200 offset by a decrease in group health insurance of $2,900. A change in actuarial funding percentages ~ of 10/1/99 reflects the decrease in the City's Chapter 1'85 contributions. Prior to the actuarial change, the City s conti'ibution rote was set at 7.8% of covered payroll, I following the change, the City's contribution rated decreased to 2.1%. I 1 PERSONAL SERVICES 271,~61 (5,096) 266,165 OPERATING EXPENDrlIJRES 37,~985 0 37,985 CAPITAL OUTLAY 3,~00 0 3,700 Personal Services -Net decrease associated with a decrease of $5,300 in group health insurance premiums and a recommended increase in overtime costs of $204 as a result~of Hurricane Irene. :**~' ~ .~/,..~*~.. .., . t. ,. PERSONAL SERVICES 171,~54 (10,933) 160,521 OPERATING EXPENDITURES 13,980 550 14,530 _ ¢~rrAL OUTL^¥ 2,~0 0 2,8~0 · -' '"~. *'"~'-".,,..~.',."" "u.-'~.: .' ,-.'.-,..:'. "' .' :.~ ' ';'..'&.' · ' '" ~,,::.~'~T~,::';.'" ~' · I I I I I I I I Personal Services - Net decrease associated with program reorganization increase of a traffic technician transferred from Roads and Drainage Division in the amount of $25,824, a net increase of $1,200 in dependent health insurance premiums offset by a decrease in group health insurance of $957, and an increase in Project Personal Services Transfers from projects of $37,000 (this is a negative amount). Operating Expenditures - Increase accounts for an encumbrance carryover from the prior year of $450 and an allocation of postage from Non-departmental. : . , ,.......: .... · :.~:..:. ,. ,.-,, ,.,, -,,....-....;~** ~,~x-~..¢.~ ."~'~* ..... :'." .... ~,:-'" ,', ~' ... Department: '.Roatls-&';;5." ,' ~:":-,'e' ;-~1999-20,0.0.~.. ~RECO~,.IME~ED ~'~ i~(:ii~}'~}~.2§O~i:}i ~ . ~: 4...~;~*. ,'~--~,.*'~,' ..' '~.~.~t$~_~.~, .' ~;';~.-'?' .'.'."~'&~ ':.~ -:'~e.t~cq_.~..-~,:..~.~ ~Ik.~'/,-~.?.,~J6'.'. ~-'e?..' ?~.~ :' r~,?-".. '.,,-...'*;c. '..: · '.-. ' ',:-' , ' ' . :.-. · ~ti*.~*'~/*,'~.-',-~'..~,,- -~'~ ~'"'-,-.,~.. - :,' -, ~- .. Dr'4,nage , . ...:;,.,~..'.'¢,~.'; "2 -' ... ,..BIJ~GET'[t :(~CI-I.&NGE$':*ge'.,". ::/:;BIJI)GET .' PERSON,~L SERVICES 738,665 (22,820)' 715,845_ OPEP-,_A. TiNG EXPENI)ITUtLES 257,395 10,683 268,078 CAPITAL OUTLAY 13,900 0 13,900 ........ ~99.,7.;823 Personal Services - Net decrease results fi.om program reorganization of traffic technician to Engineering department of $25,830, increase in personal services for payroll associated with management of Airport by public Works Director of $3,455, recommended increase in overtime and fringe benefits as a result of Hurricane Irene of $2,650 and an increase in dependent health insurance premiums of $9,050 offset by decreases in group health insurance of $11,145. In addition, Project Personal Services Transfers is recommended to be increased by $1,000 (this is a negative amoun0. Operating Expenditures -Net increase results fi.om encumbrance carryovers from the prior year of $6,369, increase postage by $50 allocated fi'om Non-departmental, increase in trash pickup by $4,264 for Hurricanes Irene and Floyd costs offset by FEMA reimbursements. ,~.~.~.~.'~.'~.d-.','~-'r ..... ..'.:~-..~'_'z.~..*.~,'~'.,'.,,~,;~.'.'~'.. ~ .'>~.". ..~.~,-~.,,,~.~:'~d.--~,.. '.'".~,,~*,~'.,-,;c~¢4',..t,'.'~- · =;-'....:~'~',.,..o~t~,.. ...... ' "~¢'~ '~-~-~ ':' ;"" ~' ~ ,'~;'~ ~'"" ;' '-'":" ..... '!~D,J ~S,TED-' .¢,~q.r~,'....~,.,~;.,~ ~ ~,..~,~,,,~ ,~ .,,,-. ~,, ~o~- ~ '~ · ~' .... I':;"'""::%' o~"~'~ ;' ~ ""=' '"~'~""";'" ! Dei~.a.-7_~j~imt: ·Central Garage .:,.:~ .:-~v-zuuu_~ .~RI~[O~I~I~:~II~[~ $ .'~1~99,2~0.,.:,..'. ,-~,,~Tt~i/.~t~dj,:~..~......:.~.L~,~.q~....: ,. ...... ...,x em.' ...... ~' d ..... ." ~ .::.~.'"., ~,~.~.[~.t~'-:~."-.~.,,,..,....g%'~*~':,,....,, :,~'-'-...,..'>, ' ~.."...:...':' '+...,". q.'BIJDGET~' Lr..2..~_'_'{C}IANGES. a:.:: '.~:': .... 'BUDGET ,'... PERSONAL SERVICES 121,711': (650)_ 121,061' OPERATI2qG EXPENDITURES 24,915 0 24,915 CAPITAL OUTLAY 6,700 0 6,700 Personal Services - Decrease results from a decrease in group health insurance of $900 and an increase in dependent health insurance premiums of $250. PERSONAL SER~ES ........ 121,502.~. 2,400 OPE~T~G E~E~~S 54~425 (168) C~IT~ O~LAY 1~000 Personal S~ces - Net incr~e results ~om a decre~ ~ ~oup heal~ ~smce of $800 ~d ~ increase in dependent health insmce pr~ of $3,200. Operating Expendi~es - Net delete resulU ~om an ~se Co~i~ Center for a faul~ met~ whch ms not c~gg ~e a~0pdate amour ~d a decrease ~ Trash Pic~p ch~ges of $2, 300 ~d reallocme ~ose cos~ to ~e ~ ~d Rec Dihsion. h addition, we also reco~d ~ increase of $125 for ~e monffiy r~l of p~. PERSON~ SER~CES 295,557 1,722 OPE~T~G E~E~~S 100,304 4,104 C~~ O~LAY 53,~00 15,643 Personal Se~ces -Net incre~e resul~ ~om a delete ~ ~oup heal~ ~s~ance of $1,730 ~d ~ ~rease in dependent health insmce pr~ of $3,200, along M~ benefits of $252 resul~g ~om H~c~e k~e. Operating Expendi~es - ~ease resul~ ~om a recom~&d ~mse ~ Trash hc~p as a result of reclassi~ng budgeted mo~t ~om Building Mainten~ce Di~sion in ~ amour of $2,950 ~d ~ encmbrance ca.over of $1,154 ~om ~e ~or ye~. Capital Outlay - hcrease resul~ ~om ~ ~c~b~nce c~v~ ~om :~ ..... · · -' ', .... " ' '- .,BUDGET ~: ~..:-. ', CII~NGE8 .~.~ PERSON~ SER~CES 74,1¢6 1,264 75,390 OPE~T~G E~E~~S 11,480 0 11,480 C~IT~ OUTLAY 8,7~0_ 0 8,700 123,902 0 1,3rease il t) the = in Trasl ~.lso 297,279 104,408 69,143 increase xd fringe ,of ~ encumb I I I Personal Serv/ces - Increase results from an increase in dependent health insurance premiums of $1,150 and a recommended increase in overtime and fringe benefits of $114 as a result of Hurricane Irene. ...','...,',.?."~., ~.'-: . r, , . ~.~ .:,~",~;~.:~.; :' ,...~ i.'.'~,'. :''.'., ~'.:~,,'~";r'-,.~: .... · ~l .'.~.'~ .~.".L"- ~- ."~ ~'.~ .?,, 'Y ~.~ff. '~,'g:~?-~'~.~ ?f.. ,"~? ~.~,~.-.'~,~. '%. ' - .' ..'~,'.,"..; ...:~-' · :' .~7:,. rW, ,,~ ~'t~.,.~*.;///~ ~ ': .~ '~. "'~ ' · ~i.* '~.~-~,:~; :'~.: ~,~='~£~:~,~.'~,~.t? a:' - i~ ~ ~:...~ * '.. . Department .....>.*'.; . ,x ,-. ,' ,';.,..'~.-.;.d:.,~,~ .~999 2000 .q .... REC.OMMENDED ~ -~ii999-.2000: ~ -... ..... 2, . ~...._ .... -~.,~,.~ , . , ,; .- ... , ..... ....... · ~ .......... · .-Growth Management '.. .. :'BUDGET . ~ CH.L.~q.__GES , BUDGET. ![ pERSoN-~L SERVIC~-~ I 210.0461 "- 900i 210,9'-i~' o ,a001 CAPITAL OUTLAY 17,3231' 01 17,323 ~.~..To.ta~ :~"~,:: ':. '.:'-'; :' g.,.'..!..'.'..'"-'.,.,:,,...,:',':" ;".'*' ¢~.. ",~ ..,, ~;/..'~!:..~_.~4;1 a?[ ,..: .:. *'?'=".4-' "--' ~ "v' 7~8S,,_~-~.'''''''~'' Personal Services - Net increase results from a decrease in group health insurance of $3,250 and an increase in dependent health insurance premiums of $4,150. Operating Expenditures - Increase is due to an encumbrance carryover fi~om the prior year of $5,160, a recommended increase in Cell Phone costs of $25 and an allocation of postage of $1,200 from Non-departmental. I I I I I PERSONAL SERViCES 232,974 OPERATING EXPENDITURES 22,050 CAPITAL OUTLAY 0,s48) 23~,42~ 350 22,400 2 ,90o o_ 2 ,9oo Personal Services -Net decrease results from a decrease in group health insurance of $1,900, an increase in dependent health insurance premiums of $100, and a recommended increase in overtime and fringe benefits of $252 as a result of Hurricane Irene. I I I I '1 I I Operating Expenditures -Increase results from an allocation of postage of $300 from Non-departmental and a recommended increase in Express Mail Charges of $50. Depn.r. tment: Non-departmentni .; ...1999-2000 :' '-.~l,{g:L-O:%'i,~lEffiDED 2~¢ ;g~199~._2000 '.. ~'..:, .. ',... _.- .......... . .CHANGES ,-',:-; '.. BUDGET' '~ OPERATING EXPENDITURES 343,511 10,601. 354,112 INTERFUND TRANSFERS 689,047 92,625 781,672 CONTINGENCY 36,440 144,724. 181,164 Operating Expenditures - Net increase results from a recommended increase of $305 in Worker's Compensation as a result of Hurricane kene, encumbrance carryovers fi.om the prior year in the amount of $4,854, Postage allocations to other funds in the amount of $3,850, previously authorized increase to Printing and Binding of $2,095 for the newsletter and $3,000 for Christmas decorations (these amounts are rounded up). In addition, a recommended increase to advertising expenditures due to under budgeting the estimate, and an increase to property taxes due to the payoffof delinquent taxes for seven properties associated with the transfer from GDC, offset by decreases in Membership Fees of $46 and Non-AdValorem Taxes of $75. Interfund Transfers - Increase results from recommended increase in transfers to Fund 320, Capital Improvements for projects associated with Flumeanes Floyd and kene. These are the approved projects by FEMA and the emergency project associated with the Yacht Club Pier. These increases are offset by Grant revenues from FEMA, insurance reimbursements, and an appropriation from the Disaster Emergency Reserve. Contingency - The increase is the net result of the various budget savings associated with the Chapter 185 employer funding requirement decrease of $62,459, the various recommended revenue increases associated with increased revenue collected and the net change in Group Health/Dependent Health Insurance premiums, a decrease of $4,859. Following is a summary of the General fund Departments an~ FUND & IDESCRIPTION ~CCOUNT GENERAL FUND OPERATING EXPENDITURES AND CAPITAL OIl?LAY BY DEPARTMENT/ Di~rI$ION.: LEGISLATItrg CITY MANAGER CITY CLERK LEGAL FINANCE HUMAN RESOURCES POLICE DEPARTMENT: ADMII~iS'TRATIVE DMSION PATROL DMSION DETECTIVE DMSiON COMMUNICATIONS DMSION ENGINEERING PUBLIC WORKS: ROADS & DRAINAGE GARAGE PERSONNEL BUILDING MAINTENANCE PARKS & RECREATION CEMETERY GROWTH MANAGEMENT BUILDING DEPARTMENT NON-DEPARTMENTAL TOTAL OPERATING EXPENDITURES AND CAPITAL OUTLAY BY DEPARTMENT/DMSION: t Divisions explained above: 1999/00 [RECOMMENDEDI ADJUSTEDI BIJDGET [ CHANGES '1 BUDGET 19,510 3,860 23,370 178,267 5,648 183,915 265,096 1,151 266,247 104,119 (200) 103,919 298,784 (25,767) 273,017 134,164 33,228 167,392 353,100 298 353,398 1,213,678 (51,842) 1,161,836 365,279 (l 1,177) 354,102 312,946 (5,096) 307,850 188,244 (I 0,383) 177,861 i,009,960 (12,137) 997.823 153,326 (650) 152,676 176,927 2,232 179,159 449,361 21,469 470;830 94,306 1,264 95,570 254,169 7,285 261,454 276,924 (1,198) 275,726 1,068,998 247,950 1,316,948 6,917,158 205,935 7,123,093 T RECOMMENDED INCREASE TO THE GENERAL FuND EXPEND~S $205,935. I I I I I I i I I I I I I I I I I i I i I i i I I i I I ,i i I i I Greens Fees - Through the fa-st three months, 20.7% of greens fees have been received compared to 22% in the prior year. The decrease can be attributed to adverse weather conditions during this period. Cart Rentals - Through the first three months of the year, 21.2% of cart rental fees have been received compared to 25% in the prior year. The decrease can be attributed to adverse weather conditions during this period. Driving Range - Through the first three months of the year, 23.8% of driving range fees have been received compared to 21% in the prior year for the same period. The increase can be attributed to increased use due to the weather related restrictions of using the course. Membership Fees - Through the first three months of the year, 90.8% of the membership fees have been received compared to 100% in the prior year. This is a significant decrease and will be watched carefully over the next three months. Other Fees and Sales - Through the first three months of the year, 35.8% of the these fees have been received compared to 60.7% in the prior year. Again, this can be attributed to the slow start and adverse weather conditions affecting the area. These fees will be monitored closely over the next three months. In addition, Miscellaneous Revenue is recommended to be increased by $200 due to amounts received in excess of budget. Non-Operating Revenue - Accounts for a recommended increase in FEMA-Federal of $375 and FEMA-State $62 as a result of Hurricane Floyd. In addition, recommended increases of $13,380 in Insurance Proceeds, $18,226. in Appropriations for Prior Year Encumbrances (encumbrances carried over to the current fiscal year from the prior fiscal year), and $8,510 from Appropriation from Prior Year Retained Earnings to cover the costs associated With Humcane kene. The overall revenue for the Golf Course is down by 8.8% as compared to the same period last year. Even though this is low, we will continue to watch the revenue streams and make recommended adjustments accordingly. PERSONAL SERVICES OPERATING EXPEND1TUKES DEBT SERVICE INTRAFUND TRANSFERS CONTINGENCY 155,340 1,150' 156,490 246,118 11,463 257,581 206,980 0 206,980 5,000 4,520 9,520 4,604 (453) 4,161 Personal Services - Net increase results from a decrease in group health insurance of $550 and an increase in dependent health insurance premiums of $1,750. This is offset by a decrease in Non-Ad Valorem Taxes of $506 and a decrease in contingency of $453. Operating Expenditures -Net increase results from $2,388 in prior year encumbrances carryover, an increase in R&M-buildings of $9,360 from Hurricane Irene damage, and a decrease in Non-Ad Valorem taxes of $506. I I I Intrafund Transfers - Increase is a result of the project costs associated with Hurricane Floyd of $4,520, funded by Insurance proceeds, FEMA and the Golf Course. Golf Course share is $62. Contingency - Decrease of $453 results from offset against Dependent Health Insurance Premiums. P 5421560 551,217 CAPITAL OUTLAY _ ~ 0 15,181 15,181 INTRAFUND TRANSFERS 100i200 0 100,200 Operating Expenditures - Increase results from $657 in enct~mbrance carryover from the prior year and $8,000 in Hurricane Irene related damage. Capital Outlay -'Increase results from an encumbrance can- PERSONAL SERVICES ' OPERATING EXPENDITURES 44,; CAPITAL OUTLAY ~over from the prior year. 29, i 73 225 29,398, 125 0 44,225 800 o 800 Personal Services - Increase is associated with the costs incurred as a result of Hurricane Irene. Recommended increases to Golf Course Projects are d~rectlylrelated to Hurricane Floyd: Funding Title Amount Source 'i Comments Hurr/cane Damage $4,520 Golf Course'I Floyd Damage - FEMA/Insurance funded ANALYSIS OF AIRPORT FUND R_c.-nts & Roy.alties 87,600 0 87,6..0_~ Other Miscellaneous Revenue [ __3,5001 0 3,501~ Non-Operating Revenue I 36,405 3,375 39,780 NomOperating Revenue - Recommended increase in interest income due to revenue received in excess of anticipated revenue as a result of favorable rates· In addition, increase results from prior year encumbrance rryover of $375. I i I I i I I I I I I I I I I i Descrigtion TAXES LICENSES & PERMITS INTERGVT'L REVENUE CHARGES FOR SERVICE FINES AND FORFEITS MISC. REVENUE OTHER REVENUE SOURCE TOTAL REVENUES Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL LEGISLATIVE Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL CITY MANAGER Dgscription PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY DEBT SERVICE TOTAL CITY CLERK GENERAL FUND GE]~RAL FUND REVENUE Quarter Year (1,990,897) (1,990,897) (162,641) (162,641) (233,226) (233,226) (11,272) (I 1,272) (31,775) (31,775) (66,132) (66,132) (125) (125) (2,496,068) (2,496,068) G E~JE RAL_~-IRVD EXPENDITURES i~ITY COUNCi~iTURE$ Quarter Year Current l~ncullnbrance Current Estcum. braa~ 1999/2000 Budget (4,265,503) (409,400) (1,436,740) (48,915) (80,200) (227,200) (449,200) (6,917,158) 1999/2000 46.7% 39.7% 16.2% 23.0% 39.6% 29.1% 0.0% 36.1% 3,230 3,230 0 14,210 22.7% 390 390 0 5,300 7.4% 0 0 2,860 0 0.0% 3,620 3,620 2,860 19,510 33.2% CITY ~/IANAG_ER EXPENDITURES Current Engumbraace Quarter Year 42,906 42,906 2,177 2,177 0 0 45,083 45,083 0 0 0 0 CITY CLERK EXPEND_.~URES 1999/2000 165,667 11,900 700 178,267 1999~000 203,435 55,231 2,000 4,430 265,096 Current Encumbrance Quarter Year 52,408 52,408 11,223 11,223 0 0 1.090 1,090 64,721 64,721 25.9% 18.3% 0.0% 25.3% 25.8% 20.3% 0.0% 24.6% 24.4% Description PERSONAL SERVICES OPERATING EXPENSES TOTAL LEGAL Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL FINANCE Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY HUMAN RESOURCE Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL POLICE ADMIN Ilescription PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL POLICE PATROL Quarter Year 21,124 21,124 1,103 1,103 22,227 22,227 F~NANCB Quarter year 58,735 ] 58,735 5,660 ~ 5,660 1,042 ~ 1,042 65,437 L 65,437 HUMAN RESOUR~E$ 19,306 119,306 6,401 i 6,401 0 ~ 0 25,707 125,707 POLICE ADMINISTRATION Quarter year 74,186 74,186 8,211 'i, 8,211 0 I 0 82,397 ~2,397 POLICE PATROL Quarter T~arte 287,702 287,702 20,941 20,941 1.171 1,171 309,814 34)9,814 Current En~:umbrance Current Encumbranca: 0 1,843 0 1,843 Current EncumbEance 0 0 0 0 Current Enculpbr:lnce 0 762 3,513 4,275 CUrrent Encumbrance 0 3,669 0 3,669 1999/2000 84,389 19,730 104,119 1999/2000 242,526 55,558 700 298,784 1999/2000 93,599 39,865 700 134,164 1999/2000 280,405 67,495 5,200 353,100 1999~000 1,110,335 101,343 2,000. 1,213,678 25.0% 5.6% 21.3% % 24.2% 13.5% 148.9% 22.5% % 20.6% 16.1% O.O% 19.2% % 26.5% 13.3% 67.6% 24.5% % 25.9% 24.3% 58.6% 25.8% I i I I i I I i I I I I I I I I Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL POLICE INV, Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL COMMUNICATIONS Descriptiori PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL ENGINEERING Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL ROADS & DRAINAGE POLICE INVESTIGATIYE Quarter Year Current Encumbran¢; 78,176 78,176 10,939 10,939 3,513 3,513 92,628 92,628 POLH2E COMMUNICATIONS Quarter 1999/2000 292,997 55,282 17,000 365,279 Year Current 1999/2000 To 1)a~e Encumbrance ~ 63,953 63,953 0 7,206 7,206 0 3,041 3,041 0 74,200 74,200 0 Current Encumbrance ENGINEERING Quarter Year 45,362 45,362 0 4,249 4,249 600 2,808 2,808 0 52,419 52,419 600 Current Encumb~aa~ ROAD~5 & DRAINAGE Quarter Year 190,072 190,072 0 63,899 63,899 44,515 4,085 4,085 0 258,056 258,056 44,515 271,261 37,985 3,700 312,946 1999/2000 171,454 14,090 2,700 188,244 1999/2000 738,665 257,395 13,900 1,009,960 26.7% 19,8% 20.7% 25.4% 23.6% 19.0% 82.2% 23.7% 26.5% 34.4% 104.0% 28,2% 25,7% 42.1% 29.4% '3O.O% Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL GARAGE Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL BLDG MAINT Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL PARKS/REC Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL CEMETERY CENTRAL GARAGE Quarter Year 30,694 i 30,694 4,665 ~ 4,665 0 :0 35,359 35,359 BUrLDI~G MAINTE~NCE Quarter year 31,069 131,069 10,626 i10,626 0 i 0 4L695 141,695 PARKSmECREATtOI~ Quarter Y~ar To Date ~ 78,072 178,072 16,691 116,691 932 ! 932 95,695 [95,695 ~E1VIETERY Quarter 19,701 3,026 8,051 30,778 Year ' 3,026 i8,051 0,778 Current E0cUmbra0ce 0 0 0 0 Current Encur0brance 0 645 0 645 Current Encumbrance 0 4,654 15,643 20,297 Current Enc0mbrance 0 1,152 0 1,152 1999/2000 121,711 24,915 6,700 153,326 1999/2000 Budget 121,502 54,425 1,000 176,927 1999/2000 295,557 100,304 53,500 449,361 1999/2000 74,126 11,480 8,700 '94,306 25.2% 18.7% 0.0% 23.1% 25.6% 20.7% 0.0% 23.9% % 26.4% - 21.3% 31.0% 25.8% % 26.6% 36.4% 92.5% 33.9% I I I: I i I i I i i i I I I I I Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL GROWTH MGMT GROWTH MANAGEMENT Quarter Year Current Encumbrance Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL BLDG DEPT 54,945 54,945 0 2,713 2,713 5,160 633 633 12,887 58,291 58~91 18,047 BUILDING_DEPARTMENT Quarter Year Descripljou PERSONAL SERVICES OPERATING EXPENSES OTHER SERVICES TOTAL NON-DEPARTMENTAL Current Encumbrance 59,551 59,551 0 2,502 2~02 0 4,956 4,956 15,685 67,009 67,009 15,685 LNON-DEP&RTME. NTAL TOTAL GENERAL FUND REVENU! TOTAL GENERAL FUND EXPENSE NET REVENUES Quarter Year Current Encumbrance 44,060 44,06o 0 85,102 85,102 7,702 277,262 277,262 0 406,424 406A24 7,702 (2,496,068) (2,496,068) 1,831,560 1~31,560 (664,508) (664,508) 1999/2000 210,046 26,800 17,323 254,169 1999/2000 232,974 22,050 21,900 276,924 1999/2000 118,261 225,250 725,487 1,068,998 (6,917,158) 6,917,158 26.2% 29.4% 78.0% 30.0% 25.6% 11.3% 94.3% 29.9% 37.3% 41.2% 38.2% 38.7% 36.1% 26.5% DISCRETIONARY SALES TAX Description TAXES MISC, REVENUE TOTAL DST FUND REVENUE Description CAPITAL OUTLAY OTHER SERVICES TOTAL DST FUND EXPENDITUES DST FUND REV-E~UE Quarter To Date (260,328) (~60,328) (11,165) t[11,165) (271,493) (~71,493) DST FUND EX, P_ENDITURES Quarter Y~ar 0 -: 0 358,517 3'58,517 358,517 ~8,517 Current Encumbrance Current Encumbranc~ 167,728 0 167,728 Description MISC. REVENUE TOTAL DEBT SERVICE REVENUE I~e~cription OPERATING EXPENSES DEBT SERVICE TOTAL DEBT SERVICE EXP. DEBT SERVICE FUND DEBT SERVICE RE'VI',NUES Quarter Year Current l~ncumbrange (21,991)_ (21,991) (21,991) ~1,991) DEBT SERVICE EXPE~ITURE~ 12 0 12 Year ~ 12 0 12 Quarter Current Incumbrance 0 0 0 1999/2000 (1,680,780) (25,8oo) (1,706,580) 1999/2000 246,711 1,459,869 1,706,580 1999/2000 (58,563) (SS,S63) 1999/2000 150 58,413 58,563 15.5% 43.3% 15.9% 68.0% 24.6% 30,8% % 37.6% 37.6% % 8.0% 0.0% 0.0% I I I I 1 I I i GOLF COURSE FUND GOI~F COURSE REVENUE Quarter Year Description To Date To Date CHARGES FOR SERVICE MISC. REVENUE TOTAL REVENUE (371,629) (371,629) (36,256) (36,256) (407,885) (407,885) Descrigtio. n PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY DEBT SERVICE OTHER SERVICES TOTAL ADMINISTRATIVE GOLF COURSE EXPEJ~I)ITURES GOLF COURSE ADMINIST~ Quarter Year. 38,914 38,914 63,358 63,358 650 650 0 0 1,250 1,250 104,172 104,172 GOLF COURSE.MAINTeNANCE Descril~ion Quarter Year OPERATING EXPENSES INTRA FUND TRANS TO PROJECTS TOTAL MAINTENANCE 129,662 129,6~2 25.050 25,050 154,712 154,712 GOLF COURSE CARTS Descriptiou PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL CARTS TOTAL GOLF COURSE REVENUE TOTAL GOLF COURSE EXPENSES NET REVENUES Quarter Year Current Encumbra~c~ Current Ea~u mbrance 0 0 0 0 0 0 Current Encumbrance 14,462 0 14,462 Current Encumbrance 8,635 8,635 0 166 166 0 0 0 0 8,801 8.801 0 (407,885) (407,885) 267,685 267,685 (140,200) (140,200) 1999/2000 (1,246,700) (ss,95o) (1,335,650) 1999/2000 155,340 246,768 0 206,980 9,604 618,692 1999/2000 542,560 100,200 642,760 1999/2000 29,173 44,225 800 74,198 (1,335,650) 1,335,650 29.8% 40.8% 30.5% 25.1% 25.7% 0.0% 0.0% 13.0% 16.8% 26.6% 25.0% 26.3% 29.6% 0.4% 0.0% I 1.9% 30.5% 20.0% ! ! AIRPORT FUND ~IRPORT REVENL~ Quarter Y~ar Current 1999/2000 I Description ~ ~ Encumbra~0c_e ]taflgel (26,228) (~6,228) (103,100) 25.4% i MISC. REVENUE OTHER REVENUE SOURCE 0 ' 0 0 (24,405) 0.0% TOTAL AIPORT REVENUE (26,228) ~6,228) 0 (127,505) 20.6% I I! AIRPORT EXP]~NDI~TRES Quarter _Ytar Current 1999/2000 I Description To Date Xa_D.a~ Encumbrance ~ PERSONAL SERVICES 1,799 :i 1,799 0 21,378 8.4% I OPERATING EXPENSES 5,354 5,354 375 26,127 21.9% ~TRA F~o ~s TOPROJ~CTS 20,0O0 :0,000 80,0O0 25.0% TOTAL AIRPORT REVENUES (26~228) (*6,228) 0 (127,505) 20.6% TOTALNET EXPENsEsAIRPORT EXPENSES 27,153925 $7,153925 0 127,505 21.3% I I I I I I I I ', CITY OF SEBASTiAN CAPITAL PROJECTS FUND 310 AS OF DECEMBER 31, 1999 Project Number C9101 C9103 C0101 Description Pump House Addition ~ Cemeter. In-Car Video Systems City Hall Renovation 6,500.00 11,685.00 450,000.00 468,185.00 Current Year Expenditures 324.49 11,385.00 476.91 12,186.40 Prior Year Expenditures 6,175.51 6,175.51 All Years Expenditures 6,500.00 11,385.00 476.91 18,361.91 Balance to Complete 0.00 3OO.OO 449,523.09 449,823.09 % Complete 100.00% 97.43% 0.11% CiTY OF SEBASTiAN CAPITAL IMPROVEMENT PROJECTS FUND 320 AS OF DECEMBER 31, 1999 Project Number C6201 C6202 C6203 C6204 C7203 C7204 C7207 C8201 C8202 C8205 C9201 C9202 C9205 C9206 C9208 C0201 C0202 C0203 C0204 C0205 C0206 C0207 C0208 De~crigtion Side Yard Culvert Pipea Elkham Dam Perimeter Culvert Improvements Road Drainage Improvement Community Center Improvements Yacht Club Renovation Dempsey-Vocelle Improvements Schumann Dr. Drainage improvements Blossom Drainag~ Improvements BSSC Oreen Building Improv DPW Compound Improvements Reroof Shelters {~ Parks Rive-view Park Expanaion Rebuild Main Slieet Pier Hard~ Park Reatmom Improvements Stormwater Management Plan Update Skateboard Park Fencing at Various Parka Compound Storag~ Shed Yacht Club Finger Pier, & Pier Yacht Club Boat Ramp Observation Teleaeopea Entrance Signs Budget 100,000.00 906~00.00 475,616.00 1,344,837.00 40,213.00 30,347.00 29,554.00 462,857.00 198,200.00 195,500.00 95,000.00 2,500.00 710,000.00 150,000.00 5,745.00 I00,000.00 80,000.00 7,500.00 13~86.00 62,000.00 75,000.00 7~00.00 23,400.00 Ex¢enditures ~ 0.00 ~, 5,041.00 I 153.41 '1,588.19 42.28 646.64 ~15,274.50 0.00 64,725.87 8.46 0.00 660285.58 145,003.32 0.00 Prior Year Ex~endimr~ 20,514.14 178,548.99 224,908.58 699,222.70 1,627.48 4,124.59 28,030.28 239,859.25 0.00 11,675.72 25,839.02 0.00 5,000.00 1,043.82 1,118.39 All Years Ex~endimres 20,514.14 183,589.99 225,061.99 700,810.89 1,669.76 4,771.23. 28,030.28 355,133.75 0.00 76,401.59 25,847.48 0.00 665,285.58 46,047.14 1,118.39 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Balance to Complete 79,485.86 722,610.01 250,554.01 644,026.11 38,543.24 25,575.77 1,523.72 107,723.25 198,200,00 119,098.41 69,152.52 2,500.00 44,714.42 103,952.86 4,626.61 100,000,00 80,000.00 7,500.00 13,586.00 62,000.00 75,000.00 7,300.00 23,400.00 I I Complete 20.51% 20.26% 47.32% 52.11% 4.15% 15.72% 94.84% 76.73% 0.00% 39.08% 27.21% 0.00% 93.70% 30.70% 19.47% 0.00% 0.00% 0.00% O.0O% 0.00% 0.00% 0.00% 0.00% I 1 5,115,355.00 8~ ~2,769.25 1,441,512.96 2,334,282.21 2,781,072.79 i I I I I I I CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS STATE BOARD OF ADMINISTRATION FUND NAME PERCENT ACCT OBJ PROJ 001001-151100 GENERAL FUND 60.27% 120001-151100 LOGT 0.06% 130001-151100 DST 0.75% 201001-151100 DEBT SERVICE 0.77% 310001-151100 CAP PROJECTS 1.81% 320001-151100 CAP IMPROVEMENT 10.34% 330001-151100 TRANSPORTATION 4.28% 410001-151100 GOLF COURSE 12.11% 415001-151000 GOLF COURSE PROJ 2.34% 450001-151100 AIRPORT 1.32% 455001-151100 AIRPORT PROJECTS 0.62% 601001-151100 CEMETERY TRUST 2.73% 602002-151100 LETF 0.00% 603003-151100 LEETF 0.00% 604004-151100 PSETF 0.02% 605005-151100 GETF 0.05% 610100-151100 MERTF 2.53% TOTAL EQUITY IN POOLED INVESTMENTS 450001-151100 AIRPORT 410001-151410 GOLF COURSE 335000-151150 PAVING LOAN 100% 100% 100% 100% TOTAL CURRENT BAL 3,387,882.09 3,141.62 41,988.59 43,530.55 101,992.77 581,459.14 240,460.50 680,609.70 131,394.09 74,234.81 35,000.00 153,316.45 0.00 0.00 1,033.05 2,672.21 142,067.70 5,620,783.27 165,925.66 405,330.56 3,148,805.52 9,340,845.01 i City of Sebas.tian, Florida Subject: First reading for Ordinance No. O- 00-05, a large-scale amendment to the comprehensive plan which amends the future land use map to Industrial (IN) for certain property located adjacent to Dale Street just South of Gibson Street along the far Northern City limits, containing 14.85 acres more or less. Department Origin: Growth Management Tracy E. Date Submitted: February 17, 2000 For Agenda of: February 23, 2000 E~~' ~.. o~ti"'off/~for/Com~ Land ~Jse Change, Location Map, Staff Report and p&z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY C.N.K. Inc. has submitted an application for a large-scale amendment to the comprehensive plan, which amends the future land use map to Industrial (IN), from Low Density Residential (LD) for 14.85 acres of land. The property in question is adjacent to Dale Street just South of Gibson Street along the far Northern City limits, via Roseland Road access. The property owner previously requested re-designation of the land use to LD and zoning to RE40 to accommodate residential/equestrian use. However, the owner now wishes to change the land use designation to iN to accommodate a proposed Styrofoam manufacturing facility. A Habitat Conservation PlardScrub Jay Habitat area lying within the corporate limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4.85 acres are surrounded by Industrial zoned property lying within unincorporated Indian River County. Attached you will find an application for comprehensive land use change, a detailed staff report and a location map. The planning and zoning commission recommended approval of this comprehensive land use change at their regular meeting on January 20, 2000. RECOMMENDED ACTION Hold first public heating and schedule second public hearing and adoption hearing for March 08, 2000. ~ ORDINANCE NO. 0-00-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREI~ENSIVE PLAN W1TICH~MENDS THE FUTURE LAND · USE MAP TO INDUSTRIAL USE (IN)FROM LOW-DENSITY RESI])ENTIAL (LD) FOR LAND CDNSIST[NG OF 14,$5 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiL~; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of the C. N. K., Inc., for an amendment to change the land use for certain property, as reflected on the Future Land Use Map from LD (Low-Density Residential) to IN (Industrial Use); and WHEREAS, the City Council has considered the criteria identified in Section 20A- l 1.8(c)of thc Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, thc City Council has provided notice of thc proposed Plan Amendment and has conducted the required public heatings to receive citizen input; and WHEREAS, the City Council has considered thc applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, the City Council has deterrrfined that the proposed changes in the City Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COI~NTY, FLORIDA, as follows: I I I i I i I I I I i I I I I Section 1. 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: Lots 16, 27 and 28, Section 30, Fleming Grant, (as subdivided by he Carter Survey as recorded in filed in Plat Book 2 Page 11 of' the Public Records of Brevard County, Florida, and A.A. Berry's Plat as recorded in filed in Plat Book 2 Page 25 of the Public Records of' Brevard County, Florida). Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to iN (Industrial Use) for the affected property as described in Section 1, above. Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof' to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of'Fla. Stat. Chapter 163. 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 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon issuance of a Notice of Intent by the Florida Department of Community Affairs finding the amendment herein in compliance. PASSAGE UPON FI ~ST READING The foregoing Ordinance was moved for'passage upon first reading by Councilmember The mot/on was seconded by Councilmember and, upon being put to a Vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Waiter Barnes : Councilmember Ben A. Bishop ~ Councilmember Edward J. Majcher, Jr. AT'JEST: Kathryn M. O~ialloran, CMC/AAE City Clerk ADOPTION The foregoing Ordinance was moved for adoptior~ by Councilmember The motion was seconded by Councilmember to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. Majchet, Jr. and, upon being put I I I I I I I I I I I I I I I I The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ~ 2000. ATTEST: CITY OF SEBASTIAN, FLORXDA By: Chuck Neuberger, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian Development Order Applic~ Applicant (if not owner, written authorization (notariz~ ¢ E-Mail: ~tion d') from owner is required) Permit Application No. Owner (If different from applicant) Addre~; Phone NUmben (~ / )=-~.~ ~ ~- FAX N~mber: ( ) Type of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTION8 WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, ORAWlNG$, ETC. SHALL BE A~I'ApNED AND 81/2" 8Y 1 1" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. A]-rACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. ,I A. Project's Name (if applicable): B. Site Information -Address: LotLr Block: Indian River County Parcel Zoning Classification: Existing Use: Unit: Subdivision: ,-. , Future Land k~se: Proposed Usl: C, Description of proposed activity and purpose of the'r~ necessary): ~ ~ V ~ c f.Mr- *~ ;quested permit or action (attach extra sheets if '~P~rm CD-2OO"t - } Revision: pace I of 3 I Ap,~roved: 08127/97 RECEIVED~ IDevelopment Appiica tJon File.Name: Doe I I I I I I I I I I I I i I I i I i i I I Permit Application No. Project Personnel: Agent: Name: ~ iV /¥,"r,~ Address Phone Numbe~ (~ / E-Mail: FAX Number:. (.~-~/ !..,<.._g,~,. ,5-J- 5"',7 Attorney: Name: ~ ~ /~ ~ g./Y ~_~ Address Phone Number;. (,5-~/) E-Mail: Engineer: //~///~ Name: Address / FAX Number. Phone Number:. ( ) FAX Numbe~. ( ) E-Mail: Surveyor: Name: Address Phone Numbe~ (g~/) - F~ Numbe~ (~-~f) . E-Mail: JTz I, (~- ~ · 1~ { P~.~[ ~ , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER y I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS TH~-~'UBJECT MATTER OF THis' APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKE~'CHES PROVIDED IN THIS APPUCATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE DATE WHO i~RSONAL~Y ~OWN T~E OR PRODUCED AS IDEN~FICA~CN, ~IS ~ DAY OF ~ 19~. PRINTED NAME OF NOTARY ~ COMMISSION NO./~PI~ON ~ .Z~'~~ ~ ~ t Approve: 08/27/97 I Revision: [ ~/e Name: Permit Application Ne. The following is required for ail comprehensive plan amendments~ zoning amendment (including rezoning), site plans, conditional Use permit~, special use permits, variances, exceptions, and appeals. IJVVE, ~ THE OWNER(S) ..~THE LEGAL REPRESENTATIVE OF THE OWNER elf THE PROPER'T'Y DESCRIBED WHICH I$ THE SUBJECT QF THIS APPLICATION; HERF.~Y AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMiSSiON OF THE CITY OF SEBASTIAN (THE "FIOARD'J"COMMI$SICIN") TO PHYSICALLY ENTER UPON'THE PROPERTY AND-~D'~"I~-THE PRQ~-ERTY IN CONNECTION WITH MY/OUR PENDIN~ APPLICATION. IJ~JVE HEREBY WAIVE ANY OBJECTION OR DEFENSE IJWE MAY HAVE, DUE TO THE QUASI-JUDiCtAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY I=IOARD/COMMISSlON MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUEISTANTNE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE LJNFTED STATES CONSTITUTION WERE VI(~LATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED ElY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BYANY EMPLOYEE, AGENT, CONTRACTOR OR OFF/ClAL OF THE CITY OF SEBASTLAN. SIGNATURE ,/ ; DATE Sworn to and subscribed before me by ~- ~ · J~ J ~-/~1 I~' who is I;~-~an~l'ly} kncwr~t~t.m.e or produced '~_. as identification, this ~da~Lgf J)~-~- ,1 Seal: ........... ~. - · JForm CO-200~ · Approved: 08127/97 Pa~je 3 of 3 Development Applicadon ' FEe Name: DoB I I I I I I I I I I I I I Permit Application No. Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PACES IF NECESSARY: 1. Current land use map designation: ~ 2. Proposed land use map designation: .~"~ ¢/~, ~ 7~'~'~,~/~ 3. Size of project in acres: /,J'- ,~..~-~ Describe the impact of the proposed change on the other elements of the . comprehensive plan and applicable ordinances of the City. Is the proposed amendment consistent with the other elements comprehensive plan? If not, which one(s)? of the o Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? Z'/~t/ / Iorm CD-2008 pproved: 8/27/97 Page ¢ of 3 ~ Comp. Plan Amend. (Land I Revision: j IWle Name: Sicpalu Permit Application No. What land use and development !changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? /~/,/~ ~ _ . 8. Is the proposed amendment compatible with the existing or future land uses of. the city? If not, why not?. 10. Are there adequate public facilities t:o serve the proposed land use? which one(s) are not adequate? ~ ~/ _ Would the proposed amendment resedit in a significant adverse impact on the natural environmenO if so, describe the impact. //~'. If not, Form CD-2008 APPr°Ved: 8/27/97 Page 2 ol Revision: 3 Comp. Plan Amend. (Land use) File Name: SicpaJu I I I I I I I I I I I I I i I I I 11. Pell~it Apl~llcati~n No, Would the proposed amendment adversely affect the prope~y values of ~he area, the general health, safety and welfare and impact the financial resources of the city?. If so, describe how. 7//~-· ~ 12. Does the proposed amendment result in an orderly development pattern? not, describe. /-..- If L I I I i 13. Attached the follewing: a, A verified statement showing each and every individual person having a legal an<t/or equitable ownership interest in the subject propeA3/except publicly held corporal~ons whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and i~incipal executfve officers will be sufficient, b. Attach a list of. the names and addresses of all owners of pamels of real property within three hundred (300) feet of the parcel to be considered. c. A survey and legal description of the prcperty for which the land use amendment is being requested. LAppmved: g/27/97 Rev~: F~e Name: $i~lu I = Growth Management Department Comprehensive Plan Amendment Application Staff Report Project Name: C.N.K. Inc. Requested Action: Land Use Change from LD to IN Project Location a. Address: Lots 16, 27, 28 Fle~ning Grant b. Legal: c. Indian River County Parcel Number: 00-30-38-00001-0300-00016.0 Project Owner: Charles Day Sembler 1731 Indian River ~dve Sebastian, Florida32958 (561) 589-5142 : Project Agent: Project Engineer: C.N. Kirrie 12855 79~Avenue P.O. Box 144 Roseland, Flodda 32957 (561) 589-5547 N/A Project Surveyor: Project Description Carter & Associates 1708 21'~ Street : Vero Beach, Flodda 32960 (561) 562-4191 Narrative of proposed action: The applicant is requesting a land use change from LD to IN for 14.85 acres of land. The property in question is adjacent to Dale Street just Sour3 of Gibson Street along the far Northern City limits, via Roseland Road access. The property owner previously requested re-designation of the land use to LD and zoning to RE-40 to accommodate residential/equestrian use. However, the owner now wishes to change the land use designation to IN to accommodate a proposed Styrofoam manufacturing facility, iA Habitat Conservation Plan~Scrub Jay Habitat area lying within the cor[porate limits of the City of Sebastian surrounds 10 acres of the subjectproperty. The remaining 4.85 acres are I I I I t I I I i I I I I I i I I I surrounded by Industrial zoned property lying within unincorporated Indian River County. Current Zoning: c, Adjacent Properties Zoning North: C-IN East: C-IN South: C West: C d, Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soik (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: CurrenLLand Use Future Land Use Comprehensive Plan Consistency a. Future Land Use: Consistent b. c: d. e. f. Vacant (County) C-tN Vacant (County) C-IN Vacant (HCP) C Vacant (HCP) C 10.85 acres Vacant Mykka Pine, Oak, Scrub, Palm Zone X Indian River County Utilities indian River County Utilities HCP - adjacent Sebastian Police- 6 miles Indian River Fire - 5 miles Traffic Circulation: Public Facilities: Housing: Consistent Consistent Consistent Coastal Management: Consistent Recreation and Open Space: Consistent Conservation: Consistent 2 10. 11. 12. 13. 14. 15. 16. 17. 18. h. Intergovernmental Coordination: Consistent Conformance with Code of Ordinances: Consistent Changed Conditions: Land Use Compatibility: To the north and east of the parcel lies Industrial land within unincorporated Indian River County containing a transfer station, private club and vadous industrial manufacturing facilities. The proposed land use classification allows similar uses i and is therefore compatible with the neighboring land use classification. To the south and west of the property lies conservation property for a scrub jay. habitat and future passive recreation facilities. Strange as it sounds, Industrial uses are compatible and preferable neighbors for such habitats. The proposed land use allows more intensive uses than the LD residential designation, but is more compatible with the current laqd use designations and uses in the surrounding area. 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. proposed use is not expected to impact e~xisting public facilities. The Natural Environment: The proposed land use change will not significantly impact the natural resources. Economic Effect: There will be a greater economic impacti created by the land use change. The · existing allows for Iow density residential and the proposed will allow high intensity industrial development, which will create al more significant tax base. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to Industrial property, availability of water and sewer and convenient access to CR-512. ~ Public Interest: The proposed land use change is not in cbnflict with the public interest. Other Matters: The requested land use change and accompanying rezoning will provide 3 19. 20. 21. consistency with the future land use map of the comprehensive plan. Direct access to Roseland Road will minimize traffic impacts in the area. The proposed land use change will create a slightly greater impact on the water, wastewater, drainage and solid waste facilities. Analysis: The applicant is requesting a land use change from LD to IN for 14.85 acres of land. The property in question is adjacent to Dale Street just South of Gibson Street along the far Northern City limits, via Roseland Road access. The property owner previously requested re-designation of the land use to LD and zoning to RE-40 to accommodate residential/equestrian use. However, the owner now wishes to change the land use designation to IN to accommodate a proposed Styrofoam manufacturing facility. A Habitat Conservation Plan/Scrub Jay Habitat area lying within the corporate limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4.85 acres are surrounded by Industrial zoned property lying within unincorporated Indian River County. Conclusion: The requested land use change from LD to IN is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. Recommendation: Staff recommend, s the Planning and Zoning Commission recommend approval to the City Council for the requested land use change of the subject parcel from LD to IN. 4 PLANNING AND ZONING COMMISSION, MINUTES Of REGULAR MEETING OF JANUARY 20, 2000 Roll call: Chmn. Schulke - yes Ms. Vesia - yes Mr. Gerhold - yes Mr. Mahoney - yes Mr. Barrett - yes Mr. O'Donnell - yes The vote was 6 -0. Motion carded. B. PUBLIC HEARING - RecommendatiOn to City Council - Proposed Land Lots 16, 27, & 28, Sec~on 30, Fleming Grant ~use Change C.N,K., Inc. i Low Density to Industrial Use No ex parte communications were reported. Mr. C. N. Kirde, 12855 79t" Ave., Roseland, was [present and, along with Tracy Hass, was sworn in by the Chairman at 7:18 P.M. Mr. Kirde gave a presentation on his request. Tracy HasS gave staff presentation.which recommended that City Council approve this request. Discussion took place and Mr. KJrde answered numerous questions. Arty. Stdnger offered information about the Hal3itat Conservation plan for adjacent property. It was pointed out that on page 3 of the staff report,! under item 16, the reference to "CR- 512" should read "Roseland Road". Chron. Schulke opened the public headng at 7:38 P.M. Mr. Fred Mensing, an adjacent property owner of 10t #15, was sworn in at 7:39 P.M. and spoke in favor of this request. There were no opponents present and the public headng was closed at 7:41 P.M. MOTION by Barrett/Genhold Roll call: I'll recommend the recommendation to city Council for approval on proposed land use change On Lot 16, 27, 28 and !30, Fleming Grant, C.N.K. inc., to Industrial. (This motion should not have included Lot 30, as it is not part of'this application. This motion shall be corrected at the next regular meeting, for the recard.) ' Ms. Vesia - yes Mr. Mahoney - yes Mr. Gerhold - yes Chmn. Schulke - yes Mr. Barrett - yes Mr. O'Donnell - yes The vote was 6 -0. Motion carried. I I I I I I I I I I I I I I I I I I City of Sebastian 1225 Main Street Sebastian, florida 32958 Telephone (561) 589-5350 FAX (561) 589-5570 Subject: Planning and Zoning Commission Agenda No. '90- 00'7 A ' · ' Department Origin: City Clerk For Agenda of.' 2/23/2000 Exhibits: two applications, board member list, advertisements Expenditure Required: [ Amount Budgeted: SUMIMARY STATEMENT Appropriation Required: The Hanning and Zoning Commission has two alternate member positions, with unexpired terms, open due toWilliam Evely's recent resignation and William Mahoney's appointment to a regular member position. These positions were advertised and two applications were received. RECOMMFAqD£D ACTION Interview applicants, unless waived, and appoint as follows: I. Alternate member position vacaW, d by William Evely - unexpired term to expire January 1, 2002 2. Alternate member position vacated by William Mahoney - unexpired term to expire November 1,2001 (All ~o~,~. ?~o~'~:,.¢& /-..,~Zl- I ~9'7 Bo~sr~o~ E-,~.: BUSINESS PHONE%6'~/..6'~/~- ~}6; BUSINKSS FAX ~/f/-~Yf,~ I~-MAIL: HOW LONG HAVE YOU BI~"q A KESIDm OF SE~,STIAN? ~,,.~g. ~~ Do You oLn PUBIC ~ ' . DO YOU PRES~N'TLY SERVE ON ANY ~ CITY BOARD OR. COM/Vfi~E? WlflCH BOARDS/COMMrrrEF~? PLEASE Ci-IECK TI'IE BOARDS ON WI-tI~ YOU ARE ~ IN SERVING IN OKDEK OF PREFERENCE WITH FIRST CHOICE BEING ~1: BOARD OF ADKISTMENT CHA.RT~ RF,flEW COMMITI~ (s~rves oniy $ m~n~bs e"/~y 7 years) CITTTWN$ B~ REVIEW ADVISORY BOARD CODE ENFOR~ BOARD CONSTRUCtiON BOARD HANDICAPPED SELF-EVALUATION COMMI'ITEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TIIUSTE!~ RECREATIONAL ADVISORY BOARD TREE ADVI$OKY BOARD OTHER TiMPORAKY COMI~IT'~3. .... (WRITE IN COMMITTEE NAME) REASONS FOR WANTING TO S~nlVE ON BOARD OR COMMrlqqSE: ~ ~ LIST ANY ADDITIONAL QUALIFICATIONS TO SEKVE ON BOARD OR COIv~IYI'TEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY 1N THIS OR ANY STATE? HAVE YOU EVEN BEEN C ON'VICT~ OF ANY MISDI,2~.ANOR INVOLVING MORAL TURPITUDE IN THIS 0R ANY STATE?. ,~. OULD YOU CONSIDER SFLRVING ON A BOARD OT~ ~ER THAN THE ONE(S) SELECTED ABOVE.'? I ~vc bc~ provid~l wi~ r~l ~ und~stned Ci.ty of S~s~ 2-173 (~ched). Inform~on rHativ¢ tn a ~c Imar~ or c~ an Code of Ordinances Sections 2-166 through mmiile= i~ available if requested. \wp-fcrm\anplica~pd rev. 4/5/9~ to me, ~r I I I I I I I I I I I BUSINESS PHONE: A~ You A RZO]S~ vo'm,z? Yf.f HOW nON(2 HAVE YOU BEEN A 1R.5S~ Or SEBAS~N? DO YOU CURRENTLY HOLD ANY PUBLIC OFF/CL~. DO YOU PRESENTLY SERVE ON ANY ~ crrY BOARD OR CONhM/TFEE7 WI-IICH BOAKDS/CO~? PLEASE CFIECK THE BOARDS ON WHICB YOU ARE ~TED IN SERVINO IN ORDER OF PREFERENCE WITH FIRST CHOICE BMNI31I: BOARD OF ADIUS'rMENT CFIART~_R REVIEW col~a'rrEE (~:n,~s ~ 6 m-~ ~,z~, ? ye=rs) ~~S B~ ~ ~RY BO~ CODE ~0R~ BO~ CONS~U~ON BO~ ~IC~P~ SE~-~UA~ON CO~E P~G ~ ZO~G C0~ON POLIC~ ~ BO~0F~~ ~C~ON~ ~SORY ~ T~E ~SORY BO~ OT~R ~O~Y COMN~ . ~E ~ CO~E N~IE) .~SONS SO~, w~vr~G To ssxvE ON BO~.~,n o~. \wg - £orm\ap g lic.~.wgd rev. 415/99 LIST AN'Y ADDmONAL QuALIFiCATIONS TO S]~LVE ON BOAKD OK COM]~Ii-FrEE: HAys You ~.~ co~cr~ oF ~' ~L°~ n~ ~ o~,~ ST^TS? .,. HAVE YOU ~ B~x[ C0iXvVI~ OF A?~Y MISDI~-ANOK INVOL~G MOi~a.L TURP~E l~l THIS OR ANY STATE?. WOULD YOU CONS]DER SERVING ON A BOARD THAN ~ ONE(S) SELECTED ABOVE? I hereby cax6fy that I ~m qu.~lified to hold th~ position for wNr. h t/ah application h made. Further, I hereby authorize the CRy of Schwinn to h~t~g~te the tmthfuln~s Of ~11 hformation wkich I have provided ~n this applic~iom I und~x~a~ that any mi.~mfion or omm~o~ of hformation requited h thLs appli~tion is c~us~ for d~quaiifi~om I have be~a provk~l Mth, ~ ~ unde~ta~d City of Schast~ Cod~ of 0rdhanc~ Sections 2-166 through 2-173 (attached). hi'ormmion r~lativ~ to a sp~:ifie board or cC~nmlttee i~ avai/able Lfrequ~sted. Subscribed and sworn; to before m= this ~ day of , , by +~.J~_c_.4/~__e~',F~,~ _~ who L~ p~ooally known to meq or h= 'prod~uc:d I I I I I I I I I i I I I 787 RICHARD S. SMITH Carnation Drive, Sebastian, (561) 388-6142 FL 32958 SELECTED ACCOMPLISHMENTS O O Launched an employee awareness program and booklet for fire safety that has been recognized by the New York State Fire Prevention Office. Provided an effective means of identifying and analyzing problem areas through a computer recording system. Consultant to Citibank facilities in the United States as well as 94 other countries, for security and fire safety standards for all Citibank personnel. Liaison with top Citibank management, architects, contractors, municipal, state and federal agencies in the United States and throughout the world for security and fire safety standards. Traveled extensively throughout the world to train and insure compliance with corporate security and fire safety standards, and to correct any problems in these areas. SUMMARY OF QUALIFICATIONS An established and progressive career in fire safety, encompassing codes, employee awareness, training interaction with government agencies and building strong interpersonal relationships in both the' public and private sectors. Directed the activities of professional and support personnel. Recruited, hired and trained new staff members and built effective teams. Designed and conducted training seminars for both in-house staff and the community. Formulated and administered budgets and forecasted the future needs of the department. Oversaw labor relations activities and mediated union contract negotiations. Instituted efficiency measures that resulted in significant cost savings and maximized productivity. Cultivated and maintained and excellent rapport with senior management, associates, community members and staff at all levels. PROFESSIONAL DEVELOPMENT Citicorp, New York, NY Vice President, Corporate Secudty and Safety Chemical Bank, New York, NY Assistant Vice President, Fire Safety Services Yonkers Fire Department, Yonkers, NY Fire Commissioner August 1987 - December 1996 June1983- August1987 November 1955 - July 1983 Richard S. Smith, Resume MS- AAS- EDUCATidN Criminal Justice; Long Island University, Dobbs Iqerry, NY Behavioral Science; Mercy College, Dobbs Ferry,! NY Summa Cum Laude --3.87 GPA Fire Safety; Westchester Community College, Valhalla, NY New York City Fire Department Officers' School, '!New York, NY Graduated #1 in the class -- MILITARY SER~VICES United States Navy Sea Duty, Electronic Tecl~nician Third Class During Korean War CObti~UNII¥ AC-rlVITi£S/HONORS Certified New York State Fire Instructor 0 o Evaluator, Board of Regents of the State University iof New York o Accepted adjunct instructor, United States Fire Academy o Original member/author of the New York State Unifoim Building Code o Member of New York State Fire Advise)fy Board - private sector representative o Chairman, President's cabinet for occupational education for Westchester C.C. o Chairman, Fire Science Advisory Committee, Westchester Community College o Member, Life Safety Code Committee, National Fire l~rotection Association o President, Fire Safety Directors Association of New york Page 2 1982 .1978 1974 1966 BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 1/1/2000 AND WILL BE REVISED AT THE BEGINNING OF EACH MONTH PLANNING & ZONING COMMISSION 3 YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. KELLY 3. MATHER 733 N. FISCI-[ER CIRCLE SEBASTIAN, FLORIDA 32958 596-6287 APPOINTED TO REGULAR MEMBER POSITION VACATED BY SCOTT MATH/S: 1/12/2000 TERM TO ExPn~E: 1 i/1/2001 (No full term - 1st regular meml:~r),car) GEORGE GERHOLD 544 CONCHA DRIVE SEBASTIAN, FLORIDA 32958 589-2079 APPOINTED TO REGULAR MEMBER UNEXPIRED TERM VACATED BY HARRY THOMAS: 2/24/1999 TERM TO EXPmE: 6/1/2000 (No full term - Ist regular member year) JOSEPH W. SCHULKE 59 BLUE ISLAND STP, ZET SEBASTIAN, FLO1LtDA 32958 581-0793 569-5505 CvVO RK) 1742 STARFISH LANE SEBASTIAN, FL 32958 589-3516 APPOINTED TO UNEXPmED TERM OF 2ND ALTERNATE: 11/93 TERM TO EXPIILE: 1/96 APPOINTED TO IST ALTERNATE VACATED BY MUNSART TERM TO EXPIRE: 11/95 APPOINTED KEG MEMBER :6/95 TERM TO ExPn~: 6/98 APPOINiT. D 1LEGUI,AR MEMBER: 6/98 TERM TO EXP~: 6/2001 (2ND FULL TERM , 5TH REGULAR MEMBER YEAR) APPOINTED TO UNEXP. ALTERNATE POSITION VACATED BY SCHULKE TERM TO EXPIRE: 1/96 APPOINTED TO UNKXP. KEGULAK MEMBEK POSITION VACATED BY HOWARD GOLDSTh'2N: 11/95 TERM TO EXPI1LE: 4/96 REAPPOINTED TO REGULAR. MEMBER POSITION: 5/96 TERM TO EXPIRE: 4/99 REAPPOINTED TO REGULAR MEMBER POSITION: 4/14/99 TERM TO EXPIRE: 4/2002 (2ND FULL TERM - 4TH REGULAR MEMBER YEAR) 87 WILBUR $. O'DONNELL 366 3OYHAVEN DRIVE SEBASTIAN, FLORIDA 3295g 388-1423 (1ST FULL TERM - IST R.EG~ MEMBER YEAR) AP?On. ED REGULAR MEMBER POSITION VACATED BY KELLY MATHER: 11/17/99 TERM TO EXPIRE: 11/2002 CHARLES C. BARRETT, JR. 357 TUNISON LANE SEBASTIAN, FLORIDA 32958 589-7755 (1ST FUL~ TERM - IST REGULAR MEMBER YEAR) APPOINTED UNEXPIRED REGULAR MEMBER POSITION VACATED BY CARL FLSCIiER: 1/27/99 TERM TO EXPI1KE: 5/1999 REAPPO~D TO REGULAR MEMBER POSITION: 4/24/99 TERM TO EXPIRE: 5/2002 WILLIAM MAHONEY 207 DELAWARE AVENUE SEBASTIAN, FLORIDA 32958 589-824 WILLIAM EVELY 1426 BARBER STREET SEBASTIAN, FLORE)A 32958 581-0972 [~INTED TO ALTERN~' ' ON VACATED BY SFIIRLEY ~ LLY: 11/18/95 j ~ TERM TO EXPIRE: 11/1/2001.~ iAI)POINTED TO REGULAR MEMBER !POSITION VACATED BY' ROBERT iPLISKA: 1/12/2000 '~' ' DiTERM TO EXPIRE: 2/1/2002 (ALTERNATE YEARS AND TERMS NOT COUNTE (NO FULL TERM- 1ST REGULAR MEMBER YEAR)' / PosmoN VACATED BY KEVIN ~ ( MA_C_~: 1/27/99 / (ALTERNATE YEARS AND TERMS NOT COUNTED}) STAFF LIAISON - GROWTH MANAGEMENT DIREC','OR BOARD SECRETARY - DORRI BOSWORTH 88 i i I I I i I I I I I i i I I I i I I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 cl FAX (561) 589-5570 JANUARY 31, 2000 PRESS RELEASE PLANNING AND ZONING COMMISSION THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL TWO ALTERNATE MEMBER POSITIONS, WITH UNEXPIRED TERMS, ON THE PLANNING AND ZONING COMMISSION. QUALI~CATIONS: RESEDENT OF THE CITY OF SEBASTIAN THE PLANNING AND ZONING COMMISSION MEETS THE FIRST AND TH[RD THURSDAY OF EACH MONTH AT 7:00 P.M. IN TI-IE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN TId~E HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED THROUGH FRIDAY, FEBRUARY 11, 2000. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 JANUARY 13, 2000 PRESS RELEASE P~G AI~ ZONING COMMISSION THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FiLL TWO ALTERNATE MEMBER POSITIONS, WITH UNEXPIRED TERMS, ON THE PLANNING AND ZON-~G COMMISSION. : / QUALIFICATIONS: RESIDENT OF TItE ~ OF SEBASTIAN THE PLANNING AND ZONING COMMISSIO~ MEETS THE FIRST AND THIRD THURSDAY OF EACH MONTH AT 7:00 P.M. iN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAIl.ABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN sTI13EET, SEBASTIAN, BETWEEN ~ HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED THROUGH FRIDAY, JANUARY 28, 2000. I City of Sebastian, Florida Subject: Skateboard Park Site Planning Workshop ~Approve~l for Submi~al~ ~, ~, Agenda No. Department Origin: Public Works Engineering Martha S. Campbell, P.E. Chris McCarthy (3)-.~ -wx~ Date Submitted: 2/14/00 For Agenda of: 2/23/00 Exhibits: EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY A workshop was held on February 10, 2000 in the City Council Chambers to discuss the skateboard park and where it is to be located at the Barber Street Sports Complex. There were 20 people in attendance who represented the neighboring community and the skateboard park proponents (skaters). Three location options were presented. The option ultimately selected located the skateboard facility along Barber Street in between the football field and the practice field (in the former location of the Green building). Next action will be to prepare the final site plans and present them to the Planning and Zoning Commission. This step, however, will not take place until after the grant award which is not anticipated until June 2000. i RECOMMENDED ACTION None i I I I I ! ! City of Sebastian, Florida Subject: First reading for Ordinance No. O- 00-06, a small-scale amendment to the comprehensive plan which amends the future land use map to Commercial General (CG) for certain property located Southwest of Wimbrow Drive, containing 7.57 acres more or less. Agenda No. (~0- ~-t/)4 Department Origin: Growth Management Tracy E. Has~'-~/.~ Date Submitted: February 17, 2000 ~ ~ For Agenda of: February 23, 2000 ~~an'~'-~°ve or Submitta~L d Use Chart e 'b'ts: O~n for Comprehensive La, g , Location Map, Staff Report and P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY An application for a small-scale amendment to the comprehensive plan, which amends the future land use map to Commercial General (CG), has been submitted by Ameritrend Homes Inc. The applicant is requesting a land use change for 7.57 acres of land from C-512 to CG. The proposed land lies just Southwest of Wimbrow Drive along County Road 512. The property contains 10.23 acres of land currently designated as C-512 on the Future Land Use Map and the applicant wishes to re-designate the rear 7.57 acres as CG and maintain the front 2.66 acres as C-512. The front 2.66 acres will remain consistent with the remainder of the C-512 corridor. The rear 7.57 acres abut Collier Creek on the East, which provides a natural buffer, and Chessers Gap PUD on the West, which allows similar uses to that allowed in the CG land use classification. Attached you will find an application for comprehensive land use change, a detailed staff report and a location map. The planning and zoning commission recommended approval of this comprehensive land use change at their regular meeting on January 20, 2000. RECOMIvlENDED ACTION Hold first reading and schedule a public heating and adoption hearing for March 08, 2000. 1 ORDINANCE NO. O-00-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR[DA, APPROVING A SMALL SCALE AMENDMENT TO THE COMY..-~HENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO CG (COMMERCIAL GENERAL) FROM C-512 (COMMERCIAL 512) FOR LAND CONSISTING OF 7.57 ACRES, MORE OR LESS, LYING FELLSMERE ROAD AND SOUTHWEST OF 1 SOUTHEAST OF WINBROW DRIVE; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS TI:!,ERETO; PROVIDING FOR CONFLICTS; PROVH)ING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. I WHEREAS, the City Council has considered the application of Ameritrend Homes, Inc., for a small scale amendment, to change the land use for certain property, as reflected on the Future Land Use Map from C-512 (Commercial 512) to CG (Commercial General); and WI:IEREAS, 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 Section 20A-1 liS(c) of 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 WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan togethe~ with the recommended findings of its star and i 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. 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 Ameritrcnd Homes, Inc., qualifies as a small scale amendment under Florida Statute Section 163.3187 (1) (c). Section 2. AFFECTED PROPERTY. The small scale amendment to the Comprehensive Plan Future Land Use Map adopted by th/s 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: Tract "A", Sebastian Highlands Unit 14, as recorded in Plat Book 8, Page 43A, Public Records of Indian River County, Florida, less the northwestemmost 160 fee~ thereof lying adjacent to and parallel with County Road 512. Containing 7.57 acres more or less. Section 3. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to CG (Commercial General) for the affected property as described in Section 2. Section 4. NOTIFICATION. Within ten (10) working days after 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)(b) and 163.3184(7). The City shall also submit one copy to the regional planning agency and to any other person or entity that has filed a written request with the governing body for a copy of the Plan Amendment. Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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 the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall take effect 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 secondedi by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger l Councilmember Joe Barczyk ~ Councilmember Walter Barnes i Councilmember Ben A. Bishop i Councilmember Edward J. Majche~', Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,2000. ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk CITY OF SEBASTIAN, FLORIDA By: Chuck Neuberger, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 'l. City of Sebastian Development Order Application germ, it Application No. ipPticant (If nat owner, written authorization (notarized) from owner is required) iddre~: · (~) ~ - ~ I~ F,~ Numbe~ ( ) - tOre.ss: 1~hone Number:. ( ) - FAX Number:. ( ) - _ I-Mail: i, Pe of permit or acl~on re ' · qu ~L~SE COMPL~E ONLY THGSE SEC~I ~:; .~'-~Y FOR THE. E~MIT OR AC~GN A DtES 0¢ ALL ,~9S, SURV~S, Q~WINGS, ~TC. SHALL ~E A~ACHED AND 81/2' aY i 1 ' COPIES OF ANY A~ACHMENTS LL BE INCLUBED. A~ACH THE APFROPR~TE SUPFLE~A~AL INFOR~,~ON Site Information I Lot: · Block: Unit:. ion River County Parcel ~. i ning Classification: i~fng Use: Subdivision: ¢ t L~ ~ L ,q-~,,'l:;:;'~ L,) ,''''J [ ''''/' Future Land Use: Proposed Us.e: I D~cdpdon of proposed a~v~l and pu~ose of the ~qu~ed pe~ or a~don (a~ch e~ shee~ if r'm CD- 200-I I FEE ?AID: $ f~OO RECEIVED BY: /~ (_C_ J Devetcpmen~ Apptic::ldcn t File Name: Oa~ J-D. Proj_ecl Personnel: Agent: Name: Address Phone E-Mail: AL~ome,/: Name: FAX Numbec Address Phone Numben ( ) FAX N~umher. ( ) E-Mail: Name: Address i Phone Numbe¢. ( ) FAX N~mber: ( ) E-Mail: Surveyor: Name: Phone Numbe~ E-Mail: AM'TNE L-'GAL RE~RESEN-f"ATPCE OF THE OWNt=_~ OF %~E pROP~W]OESCRIBED WMICH IS %HE SU~GT ~WER OF %HIS ACCU~ AND ~UE TO ~E BEST OF ' $1GNA~R~ WHO IS P~RSONA~y ~OWN TO ME OR PRqGUCED , , NQTARY'S ,-~IGNATURE PRINT-cZD NAME OF NOTARY SEA' J 4p¢~V~: O8~Wg7 RevL:;icn: Permit Application No. lithe follawin~ is r~quir~d far all campr~hen~iYe plan amendrnent~ zonins amendrnen~ ~nc~uding rezonin~), site plans, conditional use pe~i~, special use pe~i~ va~ance~, / :ROMISES MAriE, BY ANY E. MPLOYEE, AGENT, CGNTRACTOR OR OFFICIAL OF DATE to is pe~onally knew~to me or ~cduced ~s [dentifi~tJen, this '~ day o¢ ,~C& ~., /~f.,n ,19~ ..  I · ' ' =tinted Name~fNctaW ~ ~}D~ %. f~lt mmis~ion No./~xpiratien ,~ ~ KELLY S. ~;LLEN ? I(3,/E HEREBY WAIVE ANY QRJECiqCN OR 0~-=ENSE [~NE ,'vb.t.Y HAVE, DUE TO %4E QUASi-JUDICIAL CEEDING~, RESUL~NG F~OM ANY ~QARD/CCMMISSiQN MEMBER EN~AiNG OR ~/VING ~E PRCPEA~¢, INCLUDING ANY J~IM OR ASSE~ON THAT MY/OUR FRCCEDURAL CR SUBSTANCE OUE PRCCESS RIGHTS UNDER %~E FLORIOA NS~ON OR %HE UNI~D STA~S CCNS~%ON WERE VIQ~D BY SUCH ~N~RING QR VIEWING, IS ~;VAIV~R ANO CONSENT IS BEING SIGNED BY M~US VOLUNTARILY AND NCT AS A RESULT OF ANY COERCION ~¢FUEO, OR I -L CD-ZOO'/ A~c~raved: O4~/'27'/gT t P~,e 2 cf 3 t Revi_.~icn: Develepme~ t A pplic~ t. fon Fiie Name: ~ca Permit Application No. Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY. / 1. Current land use map designation: .... ,/'. 2. Proposed land use map designation: J 5. Size of project in acres: ~O.¢-.~ Descdbe ~e impa~ of ~e proposed ~change on ~e a~er elements of the comprehensive plan and appli~ble ordlnan~s of ~e Ci~. Is the proposed amendment consistent wi~ the other otement~ of ~e comprehensive plan? If not. ~ich on~(s)~ Is the proposed amendment in con!ormance with applicable substantive requirements of the dry of Sebastia~ Code of Ordinances? If not, which one(s)? IForm CD.-2008 Approved: 8/27/97 Revision: r [ File Name: Sicpalu Permit Application No, What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? ~ o 1,5 b¢ Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not?. '~ E ~ Are there adequate public facilities to serve the proposed land use? If not, which one(s) are not adequate? ~ liE'S. '"/'~' / 10. Would the proposed amendment result in a significant adverse impact on the natural environment? If so, describe the impact. Form CD-2008 Approved: $/27/97 Revision: Page 2 of 3 iComp. Plan Amend. (Land [ File Name: Sicpalu Permit 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 dty? If so, descdbe how. '~12. Does the proposed amendment result in an orderly development pa~em? If 13. Attached the following: ~ a. A vedfied statement showing each and every individual person having a legal and/or equitable ownership ihterest in the subject property except publicly held corporations whos~e 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. F°rm CD-2008 A.~£rovech $/27/97 ,//b. Attach a list of the names and add property within three hundred (300] ,//. c. A survey and legal description o' amendment is being requested. I Revisiom Page 3 of 3 *esses of all owners of parcels of real feet of the parcel to be considered. the property for which the land use Comp. Plan Amend. ([and use} [ Rio Name: $icFalu David S. Kaight, P.E. Scott B. McGuir¢, P.E. Knight, McGuire & Associates, Inc. Consulting Engineers and Planners 80 Royal palm Boulevard, Suite 401 Vcro Beach, Florida 32960 kma~gate.net Tracy Haas Director of Growth Management Department City of Sebastian 1225 Main Street Sebastian, FL 32958 I RE: Use Amendment Re-Zoning/Land For a Pc~icn of Tract 'A' Sebastian. Highlands - Unit 14 Dear Mr. Haas, Phone 561-569-5505 Fax 561-569-1455 December 9, 1 Enclosed please find Comprehensive Plan Amendment (land use) application and Re-zoning Request application for the above referenced project. We are proposing to re-designate the rear 7.57 acres of the site from C 512 to CG, to allow a more diverse use of the land. As you know the C 512 Distdct is a Commercial District with limited allowable uses; whereas the CG District is a Commercial Distdct that allows a more diversified range of commercial uses. Examples are: permitted uses; vehicular sales and related services, retail gasoline sales, antique/consignment shops. Conditional uses; vehicular service and maintenance, wholesale tradesJservices, funeral homes, bars, and lounges, storage facilities. The change to CG will allow more types of uses. However, the intensity of these uses are not greater than that allowed within the C 512 designation. Traffic generated, utilities impacted and emergency service required for these uses within CG District have the same potential impact (and certainly not more) as those uses within the existing C 512 District. We propose to maintain the existing designation of C 512 on the propedJes frontage, parallel to C 512 and 160 ft in depth, to maintain a designation consistent with the City's designations along the entire C 512 corridor. We believe t~e proposed amendments are consistent with the ordedy development pattern, because: - The change fr~m C 512 to CG is a 'lateral' change. The similar designation cleady substantiates this. There will be no additional impacts to public fadlifles,, environment, or adjacent property owners. - Leaving the frontage designation C 512 ensures that there is not an impact or change 4o the corridor area. - The site is bordered by Collier Creek on its northeast side. This provides a natural 100 ff buffer, which is consistent with all City Development Code requirements for commercial development requiring conditional use permit to develop adjacent to residential uses (that is, to have a large buffer, typically 100 fi). - The site is bordered on the south by lands designated PUD-C. This dis~ct allows the same uses as the proposed CG District, as well as some indusa'ial uses not allowed within the CG District. We believe the proposed amendments will potentially increase the City's finandal resources. The new designation of CG will in.ease the site's potential for development, which may ensure that the site is developed sooner, which ultimately will create a higher tax value (and more tax revenue) sooner rather than later. Upon your review, please c~ntact me ~f you need any additional information or have any questions. ,.~seph $chulke, P.E. ~ameritrend~change designation o I I I I i I I I I I I I i I I I I I i I SITE LEGAL DESCRIPTIONS TRACT 'A' SEBASTIAN HIGHLANDS UNIT 14, AS RECORDED IN PLATBOOK 8, PAGE 43A, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, AND CONTAINING 10.23 ACRES MORE OR LESS. 7.57 ACRE PORTION OF SITE RE-DESIGNATED CG TRACT 'A' SEBASTIAN HIGHLANDS UNIT 14, AS RECORDED IN PLATBOOK 8, PAGE 43A, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA LESS THE "NORTHWESTERN' 160 FT LYING ADJACENT TO AND PARALLEL WITH CR 512. 2.66 ACRE PORTION OF SITE TO REMAIN DESIGNATED C 512 THE "NORTHWESTERN' 160 FT LYING ADJACENT TO AND PARALLEL WITH CR 512, OF TRACT 'A' SEBASTIAN HIGHLANDS UNIT 14, AS RECORDED IN PLATBOOK 8, PAGE 43A, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA Growth Management Department ;Comprehensive Plan Amendment Application Staff Rel ort 1. Project Name: 2. Requested Action: 3. Project Location ai, Address: b. Legal: C. 4. Project Owner: 5. Project Agent: Project Engineer: Ameritrend Homes !Inc. Land Use Change ~rom C-512 to CG Tract A, Sebastian Highlands, Unit 14 Indian River County Parcel Number: Numerous OwnersI Ameritrend Homes, Inc. 126 43"~ Avenue Vero Beach, Flodda 32960 (561) 778-3143 Knight, McGuire an~ Associates, Inc. 80 Royal Palm Blvd. Suite 401 Vero Beach, Florida 32960 (561) 569-55055 , Project Attorney: Project Description Narrative of proposed action: The applicant is requesting a land use change for 7.57 acres of landi from C-512 to CG. The proposed land lies just Southwest of Wimbrowi Drive along County Road 512. The property contains 10.23 acres of land currently designated as C-512 on the Future Land Use Map and the applicant wishes to re-designate the rear 7.57 acres as CG and maintain the front 2.66 acres as C-512. The front 2.66 acres will remain consistent v~ith the remainder of the C-512 corridor. The rear 7.57 acres abut Collierl, Creek on the East, which provides a natural buffer and Chessers GaplPUD on the West, which allows similar uses to that allowed in the CG land use classification. b. Current Zoning: C-512 c. Adjacent Properties 10. 11. North: East: South: West: Zoning CurrenLL~Lnd Use CR-512 County Road RM-8 Vacant/Residential PUD-C Vacant PUD-C Exxon GaS Station Site Characteristics (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 a. Future Land Use: Consistent f. g. h. EjJture Land Use CR-512 RM-8 PUD-C PUD-C 10.23 acres Vacant Holopaw Pine, Oak, Scrub, Palm Zone X Indian River County Utilities Indian River County Utilities Riverview Park- 1 mile Sebastian Police - 2 miles Indian River Fire - 2 miles Traffic Circulation: Public Facilities: Housing: Consistent Consistent Consistent Coastal Management: Consistent Recreation and Open Space: Consistent Conservation: Consistent Intergovernmental Coordination: Consistent Conformance with Code of Ordinances: Consistent Changed Conditions: 12. 13. 14. 15. 16. 17. 18. Land Use Compatibility: To the west and south of the parcel is a Commercial PUD containing a gas station, bank and a shopping plaza. The proposed land use classification allows similar uses and is therefore compatible with the neighboring land use classification. The maximum building coverage in the CG district is 30%, while in the C-512 distdct it is 35%. Therefore, the proposed land use classification allows less intense lot coverage than the existing zonlng classification. Both the existing and proposed zoning require a minimum of120% open space and both land use classifications restrict building height to 35 ff. There will be a negligible impact caused b~y'the proposed land use change due to the similarity of the existing zoning classification. 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: Tihe proposed land use change will not sig Economic Effect: There will be little economic effect relate existing and proposed allow similar uses a economic effect for the City and property o~ ~ificantly impact the natural resources. d to the land use change. Both the nd only demand will determine the true irlers. Orderly Development: The proposed land use change is consislent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to a Commerci[al PUD, availability of water and sewer and convenient access to CR-512. Public Interest: The proposed land use change is not in co Other Matters: The requested land use change and consistency with the future land use. mac access to CR-512 will minimize traffic impa The proposed land use change will not wastewater, drainage or solid waste faciliti, '~flict with the public interest. accompanying rezoning will provide ~of the comprehensive plan. Direct :ts in the area. lave a greater impact on the water, ,s than the current zoning. 19. Analysis: The applicant is requesting a land use change for 7.57 acres of land from C-512 to CG. The proposed land lies just Southwest of Wimbrow Drive along County Road 512. The property contains 10.23 acres of land currently designated as C-512 on the Future Land Use Map and the applicant wishes to re-designate the rear 7.57 acres as CG and maintain the front 2.66 acres as C-512. The front 2.66 acres will remain consistent with the remainder of the C-512 corridor. The rear 7.57 acres abut Collier Creek on the East, which provides a natural buffer, and Chessers Gap PUD on the West, which allows similar uses to that allowed in the CG land use classification. 20. Conclusion: The requested land use change from C-512 to CG is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends the Planning and Zoning Commission recommend approval to the City Council for the requested land use change of the subject parcel from C-512 to CG. PREPAI~ED BY DATE PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 20, 2000 C. PUBLIC HEARING - Recommendation to City Council - Proposed Land Use Change - Rear portion of Tract 14, Unit 14 - Amedtrend Homes, Inc. - Commercial 512 to Commercial General D. PUBLIC HEARING - Recommendation to City Council - Proposed Rezoning - Rear portion of Tract 14i Unit 14 - Amedtrend Homes, Inc. - Commercial 512 to Commercial General , Chron. Schulke declared a conflict, submitted Form 8B, and turned over the gavel to Ms. Vesia. Chron. Schulke noted that he ~s mploye¢ by Knight, McGulre and Associates, Inc., who has been retained by the applicant to prepare the application and act as his agent. (It was determined that items C. and D. above, could be discussed together, with separate motions for each.) ~. Mr. Joseph Schulke, representing the applicant, was sworn in by Atty. Stdnger at 7:44 P.M., and proceeded with his presentation. , Tracy Hass gave staff presentation which recommended approval. I I I i I I Mr. Mahoney noted that page 135 of the LDC, Section 3.8(8) needs to be corrected to read "Unit 14". The subject of ownership was discussed and Mr. Schulke indicated that the names of all owners are on record. MOTION by Barrett/Gerhold I will make a recommendation that we recOmmend to City Council the proposed land use change for the rear portion of Tract 14, Unit 14, Amedtrend Homes, to Commercial General. Roll call: Mr. Gerhold - yes Mr. Barrett - yes Mr. O'Donnell - yes The vote was 5 - 0. Motion carded. Mr. Mahoney - yes Act Chmn. Vesia -yes MOTION by Barrett/Mahoney : I'll recommend that we recommend approval to the City Council for the rezoning of rear tract 14, Unit 14, Ameritrend Homes ¢~o Commercial General. I ! I I I I I I I i i I I I I I I i I PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 20, 2000 Roll call: Mr. O'Donnell -yes Mr. Mahoney - yes Mr. Gerheld - yes Mr. Barrett - yes Act. Chron. Vesia - yes The vote was 5 - 0. Motion carried. Mr. Schulke resumed the chair. MEMBERS MATTERS: There was consensus to postpone the election of officers till the next meeting. Ms. Vesia inquired about a new site plan expiration list. A new LPA meeting list was mentioned by Mr. Barrett. This issue was discussed. DIRECTORS MATTI~RS: Tracy Hass noted ~at the city-wide zoning map will be presented at the next P & Z meeting for review and a recommendation to City Council for certain changes to this map. ATTORNEY MATTERS: Atty. Stringer noted that C & K will be looked at city-wide, but will be split at City Council level for an effective date for the ordinance because of the land use change. Chron. Schulke adjourned the meeting at 8:07 P.M. (1/24/Q0 AB) I I City of Sebastian, Florida Subject: First reading and public hearing of O-00-07 rezoning certain property located along CR-512 Southwest of Wimbrow Drive, containing 7.57 acres more or less, from C- 512 to CG. Ap( _/~/~~~ For Agenda of: February 23, 2000 Exhibits: 0-00-07, Application for Rezoning, Location Map, StaffReport and P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None Agenda No. 00.0~"~z ~ Department Origin: Growth Management tracy E. Hass ~ Date Submitted: February 17, 2000 SUMMARY Ameritrend Homes Inc. has submitted an application requesting a rezoning of 7.57 acres of land from C-512 to CG. The proposed land lies just Southwest of Wimbrow Drive along County Road 512. The property contains 10.23 acres of land currently zoned C-512 and the applicant wishes to rezone the rear 7.57 acres as CG and maintain the front 2.66 acres as C-512. The front 2.66 acres will remain consistent with the remainder of the C-512 corridor. The rear 7.57 acres abuts Collier Creek on the East, which provides a natural buffer, and Chessers Gap PUD on the West, which allows similar uses to that allowed in the CG zoning classification. Attached you will find an application for rezoning, a detailed staff rep°rt and a location map. The planning and zoning commission recommended approval of this zoning change at their regular meeting on January 20, 2000. RECOMMENDED ACTION Hold first reading and schedule a quasi-judicial public hearing and adoption hearing for March 08, 2000. ORDINANCE NO. 0-00-07 AN ORDINANCE OF THE CITY O~ SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED SOUTHWEST OF WINBROW DRIVE AND SOUTHEAST OF FELLSMERE ROAD, CONTAINING. 7.57 ACRES iV~ORE OR LESS, FROM C~512 (COMMERCIAL 512) TO CG (COMMERCIAL GENERAL); PROVIDING FOR REPEAL OF ORDINANCES OR. PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Ameritrend Homes, Inc., has filed a petition for an amendment to the Zoning Ordinance; and i WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; arid WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in Section 20A-11.6(C) of the Land DeveloPment Code together with the recommended and recommendations of its staff'and Plannin~ and findings Zoning Commission; and WHEREAS, the City Council as made the following findings: A. The proposed use is consistent with the goalsl 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 Sebiastian. D The proposed use is compatible with adjacen~ land uses. E Adequate public facilities and services exist itl the City to serve the proposed use and the demand for such use will not exceed the capa.:ity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section I. 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: Tract "A", Sebastian Highlands Unit 14, as recorded in Plat Book 8, Page 43A, Public Records of Indian River County, Florida, less the northwesternmost 160 feet thereof lying adjacent to and parallel with County Road 512. Containing 7.57 acres more or less. Section 2. DISTRICT. The real property described in this Ordinance is hereby rezoned from C-512 (Commercial 512) to CG (Commercial General). Section 3. ZONING MAP. The official City Zoning Map shall be amended to reflect this change in zoning district. Section 4. CONFLICT. hereby repealed. Section 5. All ordinances or parts of ordinances in conflict herewith are 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 causin~ said remainder to remain in full force and effect. ' Section 6. EFFECTIVE DATE. Follow!ng 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 Ordihance 0-00-06. The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember r The and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop : Councilmember Edward J. Majcher, Ji' The Mayor thereupon declared this Ordinanc~ day of March, 2000. ATTEST: duly passed and adopted this __ 2ITY OF SEBASTIAN, FLORIDA l y: Chuck Neuberger, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: ~ich Stringer, City Attorney City of Sebastian Development Order Application pplicant (If not owner, wrftten au~hadz_ation (notarized) from owner is required) hone Number:. (~,1 ,) '7'7~ - '~1~'~ FAX Number:. ( ) - IE-Mail: [..~ner (If different from applicant) ,ddress: hone Numben ( t-Mail: ) FAX Numbec. ( ) 8F__. INCLUOED. A~-FACH THE APPROPRIATE 5UPPLEMETAL INFORMAlqON FORM. IQPIE HALL iA. Project's Name 0f applicable): B. Site Information Lot: · Black: Un~ Subdivision: ~dian River C~u~ . De_scripdon of proposed activin! and purpose af the requested permit or action (et*ach e~r~ sheets if _oning GIA~.~ific~tion: Future L~nd Use: i~incj Use: proposed Use: I Fmrm CD-2OO~t J [ A~cr~ved: 08727'/97 I Revi~ion: p~qe I of 3 J Development I FTle Name: Dca Project Personnel: Agent: Name: Address Phone Number. Attorney: Name: Addre-~ Pexmit Application Ne. Phone Number. ( ) FAX N~Jmber. ( ) E-Mail: Enginee~ Name: Address Phone Number. ( ) FAX NUmber. ( ) E-Mail: Surveyor: Phone Numbe~ (q¢~) 6~ ' S¢~ F~ NUmbec (~¢7) ¢6/ ' ~¢ ~ m I m m m i E-Maih APPUCA~ON, ANO ~T A~ ~E INFOR~ON, ~PS, 0ATA ANO]OR S~CHES PRO~B~ IN ~IS APPUCA~ON ARE ACCU~ ANO ~UE TO %HE BEST OF ,~ ~OW~GE AND WHO IS PERSONALLY F~'qOWN TO M.E, OR 8.~.CCUC~O t _ . AS IOEN~FtCA]qGN, 'FHIS ~'1 0A F OF ~-J2-C_O._~¢t~V"C~*q NQTARY'S SIGNATUR5 PRINTED NAME OF NOTARY COMMISSiQN NO./~..XPIRA~ON fForrn C~2Od~ A~¢~v~: 08~7/97 I I I I I I Permit Arpiic~tion No. IThe following is required for all comprehen~iYe plan amendment~ zoning amendment including rezoning), site plan~7 conditional use pe~i~'special u~e pemi~ vaHance=~ exception~ and appeals. E, ~HEOWNE~.S. v,,,E .... . .  RD/CCMMIS~IGN OF ~E C~ OF SE~N (~HE "~GARO ~CO~II551~Ng TO PHYSICA~NTER UPON ~H~ PROP~ V1~N ~E PRQPE~ IN CQNN~C~ON W~ ,~/QUR p~OING APPUCA~ON. Q E HEREBY WAIVE ANY 08JEC~ON OR OE.=ENSE lJ~/F_. MAY HAVE, OUE TO %HE QUASI-JUCICIAL NACRE CF %HE CEEDINGS, RESUL~NG FROM ANY BOARD/COMMISSION M~MB~ ~ING OR ~ING %HE PRQPE~, INCLUOING ANY 2~IM OR ASSER~GN THAT ~/QUR FRCCEDU~L OR SUCSTA~ DUE PROCESS RIGHTS UNDER %~E FLORIOA  NS~ON OR ~E UNI%D STA~S CQNS~ON W~E ~O~D BY SUCH ~RING OR VIBRING. ~HIS WAIV~ ANO CONSENT IS BEING SIGNE~ BY M~US VOLU~ARILY AND NOT AS A ~SULT OF ANY COERCION APPUEO, OR FROMISE. S MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITer OF SEEAS~N. SIGNA~R~ ha i~ pe~anatly known to me or p~uced as identifi~tion, this ~ day of I ~ p~ ~.~ ~.~ , 19~- Iotar/'s Signature ..';dnted Name of Notary i ammission No.l~=xpiration ,eal:  KELLY S. 61LLEN j My Ccmm ~, 1~1~2 J . ~ 7~7 I ~ [ ) ~ 1.0~ A~cr~ved: 081'27/97 J Revision: Pa¢e 3 cf S j gevelopmen~ A¢plic~Jcn j File Name: Dca Pen'nit Application No. Supplemental Information Rezoning Request ATTACH ADDITIONAL PAGES IF NECESSARY. 1. Proposed zoning: 2. Is the proposed comprehensive plan? If not, which one(S)? rezoning consistent with the other elements of the 3. Is the proposed rezoning in conformance with applicable substantive requirements of the city of Sebastian CodO of Ordinances? If not, which one(s)? 4. What land use and development changes have occurred since the effective . date of the comprehensive plan which are relevant to the proposed amendment? tO 0 __ 5. ts the proposed rezaning compatible withithe existing ar future land uses of the- .. 8. Are ~ere adequate public fadlities to Se~e the proposed land use? If not, which one(s) are not adequate? ~, ~¢¢ ~ ~ JFo~ 6~20~7 I Page f of Z J Rezoning -- I App~v~: 8/27/97 j Revision: J File Name: Si~Zone Permit Application No. __ 7. Would the proposed rezoning result in a significant adverse impact on the natural environment?. 'If so, descdbe the impact. 8. Would the proposed rezoning 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. 9. Does the proposed rezoning result in an ordedy development pattem? If not, ~ O. A~ac~ ~e ~ollowin~: 6o~~I ancot equita~l~ owne~i~ interest in the ~ro~e~ u~on w~io~ th~ sufficient. b. 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 proper-bi to be rezoned. · Approved: 8127197 Revision: I File Name: Sirezone J ' ' i ~o , ..:.-~ ,,, : ;.~.. ~ ~ , ~ ~ "~ ~ ' ~ -' ::~-~' ;'"-' ~' ( : ~- i' I cP~ - .--L .... ._...: .~ b- .c~':?~k i' ~,~-"~,'"e~ IL.,-,, ..... ' ' ' "' '-""- : ": ~-"':'~' ~ '-'~ ~ i J ~t':'-~-ol~s.~'~ss~, ~ .... ~1' ~ '- '" "1~* .' - -, . r ~ ~ ........ "' , ..... :" '":' -.. ~ L: ' ,~ :., _'..: Growth Management Department Rezoning Application. Staff Report 1, Project Name: 2. Requested Action: 3, Project Location a. b. Legal: C. 4. Project Owner: 5, Project Agent: Project Engineer: Project Attorney: Project Description Ameritrend Homes Inc. Rezoning from C-512 to CG Address: Tract A, Sebastian Highlands, Unit 14 See Survey Indian River County Parcel Number: Numerous Owners Ameritrend Homes, Inc. 126 43'~ Avenue Vero Beach, Florida 32960 (561) 778-3143 Knight, McGuire and Associates, Inc. 80 Royal Palm Blvd. Suite 401 Vero Beach, Florida 32960 (561) 569-55055 bo Narrative of proposed action: The applicant is requesting a rezoning of 7.57 acres of land from C-512 to CG. The proposed land lies just Southwest of Wimbmw Drive along County Road 512. The property contains 10.23 acres of land currently zoned C-512 and the applicant wishes to rezone the rear 7.57 acres as CG and maintain the front 2.66 acres as C-512. The front 2.66 acres will remain consistent with the remainder of the C-512 corridor. The rear 7.57 acres abut Collier Creek on the East, which provides a natural buffer, and Chessers Gap PUD on the West, which allows similar uses to that allowed in the CG zoning classification. Current Zoning: C-512 North: East: South: West: Adjacent Properties Zoning CR-512 RM-8 PUD-C - PUD-C Site Characteristics (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: Current Land Use County Road Vacant/Residential Vacant Exxon Gas Station Future Land Use CR-512 RM-8 PUD-C PUD-C 10.23 acres Vacant Holopaw Pine, Oak, Scrub, Palm Zone X Indian River County Utilities Indian River County Utilities Riverview Park- 1 mile Sebastian P¢lice- 2 miles Indian River Fire - 2 miles Comprehensive Plan Consistency a. Future Land Use: C-512 b. Level of Service (2) Traffic: The proposed does not roi,resent an increase or decrease in'the amount of trip generation rates, as it is similar to the existing commemial zoning class~ficabon. Potable Water: Both commercial land uses potable water level of service is 2,500 gallons per acre. Therefor no impact is expected by the proposed rezoning. (3) Wastewater: Both commercial land uses sanitary sewer level of service is 2,500 gallons per acre. Therefor no impact is expected by the proposed rezoning. (4) Stormwater: The level of service standard is the same for all development; therefore no impact is expected by the proposed rezoning. (5) Recreation: No impact. 10. (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. 11. 12. 13. Changed Conditions: Land Use Compatibility: To the west and south of the parcel is a Commercial PUD containing a gas station, bank and a shopping plaza. The proposed zoning classification allows similar uses and is therefore compatible with the neighboring zoning classification. The maximum building coverage in the CG district is 30%, while in the C-512 district it is 35%. Therefore, the proposed zoning allows less intense lot coverage than the existing zoning classification. Both the existing and proposed zoning require a minimum of 20% open space and both zoning classifications restrict building height to 35 ft. There will be a negligible impact caused by the proposed rezoning due to the similarity of the existing zoning classification. Adequate Public Facilities: 14. 15. 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 little economic effect related to rezoning the property. Both the existing and proposed allow similar uses and only demand will determine the true economic effect for the City and property owners. 3 16. Orderly Development: The proposed rezoning is consistent with the comprehensive plan and the proposed rezoning provides for orderly development given the location of the site adjacent to a Commercial PUD, availability of water and sewer and convenient access to CR-512. 17. Public Interest: 18. The proposed rezoning is not in conflict With the public interest. Other Matters: i The requested rezoning and accompanying land use change will consistency with the future land use map of the comprehensive plan. access to CR-512 will minimize traffic impacts in the area. provide Direct 19. 20. 21. The proposed rezoning will not have a greater impact on the water, wastewater, drainage or solid waste facilities than the Current zoning. Analysis: The applicant is requestingi a rezoning of 7.57 acres of land from C- 512 to CG. The proposed land lies just SOuthwest of Wimbrow Ddve along County Road 512. The property contains 10.23 acres of land currently zoned C-512 and the applicant wishes to rezone the rear 7~57 acres as CG and maintain the front 2.66 acres as C-512. The front 2.66 i acres will remain consistent with the remainder of the C-512 corridor. The re~,r 7.57 acres abut Collier Creek on the East, which provides a natural buffer, and iChessers Gap PUD on the West, which allows similar uses to that allowed in the CG zoning classification. Conclusion: The requested rezoning from C-512 to CG is consistent with the Comprehensive Plan, Land Development ICode and Code of Ordinances. Recommendation: Staff recommends 'Ithe Planning and Zoning Commission recommend approval to the City Council for the requested rezoning of the subject parcel from C-512 to CG. 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEb--FING OF JANUARY 20, 2000 PUBLIC HEARING - Recommendation to .City Council - Proposed Land Use Change - Rear portion of Tract 14, Unit 14 - Amedtrend Homes,' inc. - Commercial 512 to Commercial General PUBLIC HEARING - Recommendation to City Council - Proposed Rezoning - Rear portion of Tract 14, Unit 14 - Ameritrend Homes, Inc. - Commercial 512 to Commercial General Chron. Schulke declared a conflict, submitted Form 8B, and turned over the gavel to Ms. Vesia. Chmn. Schulke noted that he is employed by Knight, McGuire and Associates, Inc., who has been retained by the applicant to prepare the application and act as his agent. (It was determined that items C. and D. above, could be discussed together, with separate motions for each.) Mr. Joseph Schulke, representing the applicant, was sworn in by A~'ty. SI:ringer at 7:44 P.M., and proceeded with his presentation. .- Tracy Hass gave staff presentation which recommended approval. Mr. Mahoney noted that page 135 of the LDC, Section 3.8(8) needs to be corroded to read "Unit 14". The subject of ownership was discussed and Mr. Schulke indicated that the names of all owners are on record. MOTION by Barrett/Gerhold I will make a recommendation that we recommend to City Council the proposed land use change for the rear portion of Tract 14, Unit 14, Amedtrend Homes, to Commercial General. Roll call: Mr. Gerhold - yes Mr. Mahoney - yes Mr. Barrett - yes Act Chron. Vesia - yes Mr. O'Donnell - yes The vote was 5 - 0. Motion carded. MOTION by Barrett/Mahoney ' I'II recommend that we recommend approval to the City Council for the rezoning of rear tract 14, Unit 14, Amedtrend Homes to Commercial General. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 20, 2000 Roll call: Mr. O'Donnell -yes 'Mr. Mahoney - yes Mr. Gerhold - yes Mr. Barrett - yes Act. Chmn~ Vesia -yes The vote Was 5 - 0. Motion carded. Mr. Schulke resumed the chair. MEMBERS MATTERSi There was consensus to postpone the election of officers till the next meeting. Ms. Vesia inquired about a new site plan expiratJo~ list. A new LPA meeting list was mentioned by Mr. Barrett. This issue was discussed. DIRECTORS MATTERS: Tracy Hess noted that the city-wide zoning mapi will be presented at the next P & Z meeting for review and a recommendation to City Council for certain changes to this map. ATTORNEY MATTERS_; Atty. Stdnger noted that C & K will be looked at ci~-wide, but will be split at City Council level for an effective date for the ordinance because of the land use change. Chmn. Schulke adjoumed the meeting at 8:07 P.MI. '"I/24/00 AB) City of Sebastian, Florida Subject: Bond Release/Richard Fey _ Agenda No. Department Origin: City Manager Date Submitmd: 09./15/2000 For Agenda of: 02/9-3/9.000 Exhibits: Letter received 2/15/200 by City Clerks Office from Richard Fey REQUIRED:EXPENDITURE I AMOUNT BUDGEWED: [ APPROPRIATION REQUIRED: SUMMARY The City is receipt of a letter received on February 15, 2000 from Mr. Richard Fey seeking authorization from the City Council to release a bond being held by the City in the form of a Certificate of Deposit as previoUsly submitted for a mulching operation. RECOMMENDED ACTION Move to authorize staff to release a bond being held by the City in the form of a Certificate of Deposit to Richard Fey as previously submitted for a mulching operation. i Richard Fey i 916 US#1 Sebastian, Fi. 32958 I City of ,~ebast~an I 1225 Main St. Sebastian, Fi. 32958 Attn: Terrance Moore i RE: Refund of Bond Monies I Dear Mr. Moore, i Please be advised the CK~j Is holding bond money in the form of a I Certificate of Deposit. I received a release of the larger of the t~ approval by way of a topographical surw Masserelli. The second bond was being ro bonds after the site met ;y that was submitted to Mr. held until seeding and mulch- lng was completed. I completed the project and called Mr. M; ;sserelll for an Inspection. I was · asked to submit a second set Of my topography. These were my copies, · and very costly to replace. They were to be returned to me. The surveyor Is no longer in business. I called continually, even after Mr. Masserelli left his position with the city. Along with the!farewell of Mr. Masserelli went my topography and some of my files. I contacted Mr. Frame. We discussed the situation and he Inspected the site. He found a small area on the north Side of the property that needed two buckets of fill material. I refilled that area Immediately, as the I equipment was on site. I called for an Inspection and again, no one came to reinspecf. With the exception of the real estate, I have since sold the operation along with the heavy equlpme~Y(,. I see no reason that ! should be faulted because the city lost not one, but two sets of my paperwork and did not InSpect the site in a timely manor. This has been going on for three years. The site was in compliance. I want my CD released. Thank You, ~.,~Rlchard Fey I I I I I I City of Sebastian, Florida Subject: Bid Award to M.D. Utility Contractors for Culvert Replacements .~roveTd for Submi~J~by: n,c~ Moor~City.~.~ger · Agenda No. Department Origin: Engineering Martha S. Campbell, P.E. /'~ ~¢~_.:; ~,~..., Paul Wagner, Procurement ~ Mark Mason, Director of Finance~ Date Submitted: 2/7/00 For Agenda off 2/23/00 Exhibits: Bid Tabulation EXPENDITURE REQUIRED$118,620 AMOUNT BUDGETED: $250,544 APPROPRIATION REQUIRED: N/A SUMMARY Sealed competitive bids were received on February 3, 2000 for Culvert Replacements. Three bids were received and are documented on the attached bid tabulation. The lowest bidder is M.D. Utility Contractors of Melbourne, Fl. This finn has met all of the bid requirements and has past experience with the City, the most recent being the Schumann Drive Drainage Project. It is recommended that they be awarded the contract. RECOMMENDED ACTION Move to authorize the City Manager to execute a contract with M.D. Utility Contractors, for Culvert Replacements in the amount of $118,620. ~ o o.~, City of Sebastian, Florida Subject: Airport Joint Participation Agreement (JPA) for Airport Master ,I~an.~U p/~te Ci~-'2Vf~ger Agenda No. ~0 20 552/~t- Department Origin: City Manager Date Submitted: 09./1.5/9.000 For Agenda of'. 0~/93/2000 Exhibits: Letter dated, 2/8/00 from Aaron N. Smith, Aviation Specialist, Public Transportation Office, Florida Department of Transportation REQUIRED:EXPENDITURE [ AMOUNT BUDGETED: 1 APPROPRIATION REQUIRED: SUMMARY I am pleased to report that the City is in receipt of a letter, dated '2/8/00, from Aaron N. Smith, Aviation Specialist, Public Transportation Office, Florida Department bf Transportation, transmitting copies of the Joint Participation Agreement (JPA) for execution, referencing the total Airport Master Plan Update project amount to be $300,000 with the State's funding share amounting to $240,000. RECOMMENDED ACTION Move To authorize the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement between the State of Florida Department of Transportation and the City of Sebastian with the State's funding share amounting to $240,000 for the Sebastian Airport Master Plan Update. JEB BUSH GOVERNOR ' I Florida Department of Transportation pURl lC TRAN~A~ OFFIC 3400 WEST COMMERCIAL BOULEVARD, FORT (s~4) 777,44g Mr. Terrence R. Moore City Manager Sebastian Municipal Airport 1225 Main Street Sebastian, FL 32958 Dear Mr. Moore: FPN: County: Description: AVIATION SECTION .AUDERDALE, FLORIDA 3330~-3421 Subject: Februa~ 8, 2000 407176-1-9401 Indian River Airport Master Plan Update THOMAS F. BARRY, JR. SECRETARY Enclosed are six (6) copies of a Joint Participation Ag~ement (JPA) for the subject project. The total project amount is $300,000.00, with the State--S funding share amounting to $240,000.00. Five (5) copies are to be signed and returned to this office for further processing. The sixth copy may be retained for your files until the JPA has beer~ fully executed. We will also need two (2) copies of a Resolution, with odginai signatures, authorizing the signing of the Agreement. Both Resolutions and Agreements must be original signature documents or properly certified copies. Please do not fill in the dates on the agreements as this will be done upon final execution by the Distdct Secretary. Should you have any questions regarding this Agreement, please call'me at (954) 777-4404. Sincerel y, Aaron I~ Smith Aviation Specialist Public Transportation Office encl CC; Nancy Bungo, Public Transportation Manag~ Matthew J. Thys, Aviation Supervisor File www.dot.state.fl,us ~;~RECYCLED PAPER RESOLUTION NO._ R-00-12 A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICiPATION AGREEMENT FOR THE SEBASTIAN MUNICIPAL AIRPORT MASTER PLAN UPDATE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has received approval for funding in the amount of $240,000 from the Florida Department of Transportation for the Sebastian Municipal Airport Master Plan Update. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The City Manager is hereby authorized to execute thc State of Florida Department of Transportation Public Transportation Joint Participation Agreement as attached hereto as Exhibit "A". Section 2, All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember motion was seconded by Councilmember as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben Bishop Councilmember Edward Majcher The and, upon being put into a vote, the vote was The Mayor thereupon declared the Resolution dully passed and adopted this __ day of ,2000. CITY OF SEBASTIAN, FLORIDA By: Chuck Neuberger, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FORM PUBLIC TRAlq~ ADMI~I P~ 1 of 12 ITEM-SEGMENT-PHASE-SEQUENCE 407176-1-94-O1 Contract No: Fund: I 0 Function: 637 SALVIAS Approp: 088719 Federal No: N/A . SAMAS Obj.: 790007 Catalog of Fede~ Domestic As~lance Or8. Code: 55IM~010428 Numbez.~.,~.. N~A~__ .._,.~- ~ Vendor No: ...... , ~ 596000427008~ THIS AGREEMENT, made and entered into this ; day of ,19 , by and between the S2~ATE OF FLORIDA DEPARTMENT OF T, SPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and , City of Se. ba~fiaR hereinafter referred to as the AGENCY. .. , WITNESE~H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced .transportation system and is authorized under, F.S. 332.006 £6) Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Airport Master Plan Update and as further described in Exahibit(s) A~ B, C & t~ attached hereto and by this reference made a part hereof~ hereinafter referred to as the project, and to provide Deparmaental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the ~mderstandings as to the manner in which the project will be undertaken and completed. PUBI/C TI~,NSP ADMIN O6/99 pa$~ 2 off2 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof; with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry, out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and: by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 300,000.00 . This amount is based upon the estimate summ~ in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 240.000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total prOject cost shown in'Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only fi'om the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request ia the work program year that the project is scheduled to be committed; (b) Availability of funds as stated ia paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. .4.20 Front End Funding: Front end funding ~ (is not) applicable. If applicable, the Department may initially pay I100% of the total allowable incurred prOject costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage ~ (is not) applicable. If applicable, ___N/A __ percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. '-" FOI~'~ ??25=0'30-06 PUBLIC TRA.-xt~~ ADMI~ O6/99 P~3 of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepz red by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall inca' obligations against and make disbursements of project funds only in conformiW with the latest approved budget for the project No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the ~vork program as of the date of the agreement. Payment ~vill be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing acdounting system or establish independent accounts.. Such accounts are referred to henfin collectively as the "project account". Docfimentafion of tho project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Proje~:t: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agtccm~t and all otlier funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other, funds [are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure contiau~usly and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 730 Costs Incurred for the Project: The Agency shall ch~ge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs~ 7.40 Documentation of Project Costs: All costs charged to!the project, including any approved services conta-ibutcd by the Agency or others, shall be supported by properly executed payrolls; time records, invoices, contracts, or vouchers evidencirlg in proper detail the nature and propriety of the charges. 7Z0 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or ~vifl be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is dra~vn. All checks; payrolls,' invoices, contracts, vouchers, orders, or other accounting documents pertaining in!whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. I I I I I I I I I I I I i i I I I i I Pt~LIC TRAN~ ADN~lq P~4 of 12 7.60 Audit Reports: All federal a~vards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number, and year, and name of the federal agency. State grant and aid funded grants are to be identified with the Financial Project Number (FPN) and contract number. m2. Audits shall be conducted under the guidelines of A-133, Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. m3. For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be submitted within the earlier of 30 days after the receipt of the auditors report, or 9 months after the end of the subrecipienfs (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in cer~espondenee accompanying the audit report, or reporting package, and data collection form. The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action pian for current year audit findings. Project records shall be retained and available for at least three years after the.f'mal payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Reports of audits conducted ia accordance with OMB Circular A-133, and corresponding data collection forms shah be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. Reports of audits conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shah be sent to: State of Florida Auditor General P.O. Box 1735 Tallahassee, FL 32302-1735 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the abiUty to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casual~ for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost-equipment or mfacility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the mDepartment may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shah file with the Departm~ FOI~ 725-O3O-06 PUBLIC TRANSP ADNflN ps%~ 5 of 12 Transportation, District Four Public Transportation Office, 3400 W, ~Oltunercial Blvd.. Ft. Lauderd~llg,.Florida, 33309-3421 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as de£med in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in &mil sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be SUbmitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum prbvided in Chapter 112.061, Florida Statutes. 8.13 For real property acquired, submit; .I (I) the date the Agency acquked the real property, (2) a statement by the Agency certifying tha! the Agency has acquired said real property, and actual consideration paid for real property. (3) a statement by the Agency certif34ng that the appraisal and acquisition of the real property together with any attendant relocation of occupants was actcomplished in compliance with all federal laws, rules and procedmes required by any federal oversigh! agency and with all state laws, roles and procedures that may apply to the Agency acquiring the real Property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the canying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department ma.v elect by notice in writing not to make a payment on the project if: ' 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereOf, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation With respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department ithat same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained lgerein; or 8.25 Default: The Agency has been determined by the Department to be ia default under any of the provisions of the Agreement. : 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistanc. Je to the project. In the event of suspension ar termination of federal £mancial assistance, the Agency will reimburse th~ Department for all disallowed costs. 8.30 Disallowed Costs: In determining the amount of~e payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been /~0ved in writing by the Department. ~rk8o'r4s0ervic~Pa~on&ffs;&I~taR~sr°i~r;Cm°?nPtlet~e°nl~aeaent ires a~aod~?eYt sthuechD~a~loart~te;?m~la~lngenfi~/~uTf;rU~tor°; ' - I FOI~,M ?25-030-06 ?~6of12 service~ done under any public transportation joint participation agreement which it has with the Agency owing such amount upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be iconsidered a breach of contract by the D~partment. 9.00 Termination or Suspension of Project: Ip 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the reject; or if, by reason of' any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, lot illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time az the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. I I I I i I I 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out thc actions required therein which may include any or all of thc following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may bc required or desirable to keep to thc minimum the costs upon the basis of which the f'mancing is to bc computed; (2) furnish a statement of the project activities and contracts, and other undcrtakings the cost of which are othcrwisc includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due ~inder the provisions of thc Agrecrncnt. Thc termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon thc failure of thc Agency to furnish thc schedule, plan, and budget within a reasonable time. The approval of a remittance by thc Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which thc Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by thc contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of thc project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the AgenCY shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to mt all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 TMrd Party Agreements: Except as other~vise authorized in writing by the Department, thc Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project xvithout the written approval of the Depzut~uent. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to revi¢~v the qualifications of any consultant or contractor and to approve or disapprove the emplo)mem o£ the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by thc parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surv .eying services, is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency x~fill involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify t~9~hc--x F©R.M ?25-030-06 PUBLIC TRAN~ ADMIN P~?ofl2 Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Departmeni that disadvantaged business enterprises as defined in 49 CFR Part 23, as amended, shall have the maximum oppormnlty to participate in the performance of contracts financed in whole or in part with Depamnent funds under this Agreement The DBE requkements of 49 CFR Part 23, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23, as amended, have th~ maximum opportunity to participate in .the performance of contracts and this Agreement. In this regard, all reeipiengs, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, as amended, to ensUre that the Disadvantaged Business Enterprises have the maximum opPommity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection With the carrying out of any project, the Agency'shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency ~vill take affmmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffor termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard comme~ial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution oft. his Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Tire Vi of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. · 1330 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will Comply with all the requirements imposed by the ADA, the regulations...of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the projec! or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is '.~.~ately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member,- or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The i FORM PUBLIC TRANe? ADMkN' 06/99 Pa~ ~ ofl~ iAgency shall insert in all contracts catered into in connection with the project or any property, included or planned to be included lin any project, and shall require its contractors to insert in each of their subcontracts, the following provision: I "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement bet~veen the Agency and its fiscal depositories, or to lany agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States I shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carded out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be oblig~/~ed or liable hereund~- to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the ma'king by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the makSng of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any fight or remedy, available to the Deparlanent with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the r~iimindcr oft_his Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. I 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not Paid and, also, agrees not to pay, any bonus or commi~ion for the purpose of obtaining an approval of its application for the f'mancing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that il'any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to thc end that the Agency may proceed as soon as possible with thc project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Deparlxaent: The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control syste~ts as required by 49 CFR. Part 18, when applicable. 1430 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any pmlx>~ ,xccpt its replaccmcat with like facility or equipment for public transportation use, the Agency wilI comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remi~ PUBLIC 'FP~SP ADM~/ Dcparm~ent a proportional amount of the procee~ from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent prodded by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees fi.om any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the performance of the Agreement, except that neither the Agency, its agents, or its employees s~,ill be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding r~qrictions set forth in SeCtion 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each &the parties' obligations. Those provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of~he amounts budgeted as available for expenditure during such ~cal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no monc'y may be paid on such contract. The Department shall require a statlmw, nt from the Comptroll~ of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prewnt the making of contracts for Igriods exceeding one](1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be gaid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes, (b) It is unlawful for the Board of County Commissioners t9 expend or contract for the expenditure in any fiscal year more than' the amount budgeted in each fund's budget, .e~..t as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for an)' purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such memb~ of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damage~ that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourt~ (14) working days and will jointly discuss options in defending the claim. .15.00 Plans and Specifications: In the event that this Agre~'ment iavolves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. Thc Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of th~ project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agen0J will c.~fy in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans iand specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by th* Agency. as suitable for the intended purpose. 17.00 Appropriation of Funds: : 17.10 The State of Florida's performance and obligation tO pay under this Agreement is contingent upon an annual tion by the Legislature. FORM '/25-030-0~ PUBLIC TIL~Nb'P ADM~I 0~'~ P~g~ lOof12 17.20 Multi-Year Commitment: In the event this Ageement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for ecpen~e during such fiscal year. Any contract, verbal or ~witten, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement fi.om the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts oft. he Department xvhich are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before Ma.v 31, 2_902 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in ~x~iting by the District Secretary, District Four. Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days af'cer the expiration of this Agreement. Invoices submitted al~ the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend t° and include all I genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in_ the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of aW federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies othen, fise. The Department. L._~ has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measkff~ed~_~. FOltM 72~30-06 PUBLIC TRAN~P ADMIN from the latter of the date the invoice is received or the goods or services are received, inspected and approved. Ifa payment is not available within 40 days alLer reeeipt of the invoice and receipt, inspection and approval of goods and services, · a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies aRer a 35 day[time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will! result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of B~aaking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems ~ obtaining timely payment(s) fi.om the Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hofline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. thc following is applicable to this agreement. 287.133(2)(a) "A person or affaliate who has been placed on the convicted vendor lis~ following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair ora public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a conWactor, supplier, subcontractor, or consultant under a contract with any- public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Fin. P~oj. No. Contract FOICM 725-030-06 pUBLIC TILAN!~P ADMIN O6/99 page 12 afl2 407176-l-94-01 Agreement Date L WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year £nrst above written. BY: TITLE: AGENCY City of Sebastian FDOT DATE FUNDING APPROVED BY COMPTROLLER (See attached Encumbrance Form) ATTORNEY DEPARTMENT OF TRANSPORTATION ATTEST: TITLE: (SEAL) DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: APPROVED AS TO FORM, LEGALITY TITLE: LSEAL~ RECYCLED Fin_ Proj. No. 407176- b94-0 ! Contract No. EXI]~3IT "A" PROJECT DESCRIPTION AND ~ESPONSIBILITEES This exhibit forms an integral part of that certa~. Joint Participation Agreement between the State of Florida, Department of Transportation and; City of Sebastian[ dated PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Airport Master Plan Updat~ SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project number and Job number and the Federal Identification number, Where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A Fin. Proj. No. 4071'~6- !-94-01 Contract No. EXH~IT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Ci~ of Sebastian dated I. PROJECT COST: $300,000.00 TOTAL PROJECT COST: $300,000.00 II. PARTICIPATION: Maximum Federal Participation: UMTA, FAA, etc. Agency Participation: In-Kind Cash Other Maximum Department Participation: Primary (DS)(DDR)(DIM)(PORT) Federal Reimbursable (DU')(FRA)(DFTA) Local Reimbursable (DL) TOTAL PROJECT COST: 0.0% or $0.00 20.0% 80.0% 100% or $0.00 or $60,000.00 or $0.00 or or or $240,000.00 $0.00 ._. $0.00 $300,000.00 Fin. Proj. No. 407176-l-94-0l Contract No. (GENERAL) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Citer of Sebasfi_~J~ dated Documents required to be submitted to the Department by the Agency in accordance with the terms of this Agreement. SUBMITTAL/CERTIFICATION Consultant Selection Compliance Design Submittal ** 90% 100% [$IS FOR ACCEPTANCE ;e~cy Attorney's Certification Department Comment D~partment Letter Construction/Procurement Contracts Safety Compliance Release for Notice To Proceed Departmem Letter (a) Department Review (b) Agency Certification Department Letter Annual Audit Reports Completion per Specifications ** Plans, Specifications, Engineering Reports ** One (1) set to be sent dkectly to: Agency Certification Agency Certification Matthew J. Thys Aviation Supervisor Public Transportation Office, D4 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Fin. Proj. No. 4[07176-1-94-01 Contract No. EXHIBIT "F" SPECIAL AIRPORT ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and · City of Sebastian dated I. GENERAL These assurances shall be complied with in the performance of master planning, land acquisition, economic development or capital improvement projects which contain NO federal funds. Upon acceptance of this Joint Participation Agreement by the sponsor, these assurances are incorporated in and become a part thereof. II. DURATION The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for any airport development project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant agreement utilizing state funds for the project. However, there shall be no limit on the duration of the assurances with respect to real property acquired with project funds. III. SPONSOR CERTIYICATION The sponsor hereby assures and certifies, with respect to this grant: ao It has sufficient funds available for that portion of the project costs not paid for by the State. It has sufficient funds available to assure operation and maintenance of items it will own or control funded under the grant agreement. It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department, that good title will be acquired. Co If an arrangement is made for management and operation of the airport by any agenc~br person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airway Improvement Act of 1982, or successive legislation; the regulations and the terms, conditions and assurances in the grant agreement; and shall ensure that such arrangement also requkes compliance therewith. eo It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. It will make its airport available as an airport for public use on fair and reasonable terms. It will permit no exclusive fights for the use of the airport by any persons providing, or intending to provide aeronautical services to the public. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner or operator of the airport and directly related to the actual aerial transportation of passengers or property. ~ Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together ·. with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all prol~osed extensions and reductions of existing airport facilities; and (3) the location of all existing improvements thereon. City of SebaStian, Florida Subject: RFQ - Airport Consultant Agenda No. ager ~ J Deparmaent Ori~l;~Purchasing & Contract Administrator ~]-~j,~ Paul Wagner Date Submitted: 09./15/2000 For Agenda off 02/23/9.000 Exhibits: Airport Consultant RFQ - Point Tabulation Summary EXPENDITURE AMOUNT BUDGETED: I APPROPRIATION REQUIRED: N/A N/A [ REQUIRED: 'SUMMARY On Monday, February 7, 2000 interviews were conducted with each Airport Consulting firm submitting a response to the City's Request for Qualifications (RFQ) for Airport Consulting Services. In addition to the five (5) individual finn interviews, each team member reviewed each resume submitted and then group discussions were held to help formulate the final scoring and ranking of each finn. The attached summary depicts the highest to the lowest ranking firms in descending order. LPA Group, Tampa, FL, achieved the highest score and ranking. RECOMMENDED ACTION Move to approve the ranking of airport consultant services as provided on the Point Tabulation Summary and authorize staffto begin contract negotiations with the highest ranking finn first, which would be LPA Group, Tampa, Florida, if unsuccessful, then negotiate with the second ranked firm, etc. ~;~...j '.. ,... .... ~....::.~ ~".~ . :.... !~/. ._ ,j;~: :. ,.,-.~; PROFESSIONAL SERVICES EVALUATON Ponvr TA~-LATIO~ S~M~_ARY _ApU'ORT coNSrLTA~rr Factors To Be Rated Ability of profeSsional personnel; past performance On projem of a similar nature. Whether rum is cei~fied minority enterprise; willingn~s to meet time & budget requirements; proximity of firm's office to Sebastian. Knowledge of specific local project requirements; knowledge of permitting agency roles for tho project. Recent, current, and projected workloads. Hoyle Williams, LPA Tanner & Hatfield & Point Group Associates Wilbur Stoner, Ft. Range Tampa, OrlandO, AVCON, Smith, Lauderdale, Fi FI Orlando, Fl Orlando, FI FI 1-25 97 95 Totals 89 91 84 456 1-15 59 52 59 48 52 62 62 1-20 78 73 65 1-10 38 36' 33 32 3~' '270 340 174 5. Approach to the projects 1-10 39 35 35 35 31 175 outlined in this RFQ. 6. Overall presentation and impression of the firm. 1-20 78 74 69 70 '67 358 TOTALS 389 365 i 347 338 ' 334 1773 The above summary was complied using individual evaluation forms filled out by each Evaluation Team Member. All team members were required to review the resumes' submitted by each firm, in addition, interviews were conducted with each firm, and then group discussions were held to assist each Evaluation Team Members score and rank the five (5) firms involved. This is the Team's finding and reo>mmendation. Tram members am as follows in alphabetical order. Mr. Terry Hill, Public Works Director Mr. Terrence R. Moore, City Manager Mr. Mathews Thys, Aviation Supervisor, Fl. Dept. ofTmnsi~rtafion { Wagner, Purchasing & Contract Administrator/Asst. to City[Manager '"l i i I I I i I I I I I I I i I I City o£ Sebastian, Florida Subject: Resolution R-00-11 / SubLease Of Golf Course Land to City/For Public Works Use Department Origin: City Manager Date Submitted: 02/17/2000 For Agenda off 02/23/2000 I I Exhibits:. Proposed Resolution R-00-11 including Sublease Agreement EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: I I I SUMMARY The proposed Resolution No. R-00-11 grants approval to sublease golf course land to to the City for the use of storing, sorting and stockpiling fill dirt, concrete rabble ~d other construction related materials for the Public Works Department. RECOMMENDED ACTION I I Move to approve Resolution R-00-11 granting the approval to sublease golf course land to the City for Public Works usage. I I RESOLUTION NO. R-00-11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF GOLF COURSE LAND TO CITY FOR PUBLIC WORKS USAGE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, City of Sebastian Municipal Golf Course is the lessee of certain City land at the Municipal Airport pursuant to a lease dated December 12, 1981; and WHEREAS, City of Sebastian Municipal Golf Course wishes to sublet a portion of said land to another division of the City.; and WHEREAS, said land will be used by the Public works Department as a site for storing, sorting and stockpiling fill dirt, concrete rubble and other construction related materials; and WHEREAS, such subleasing of airport land requires and has obtained the written approval of the Federal Aviation Authority; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. APPROVAL. The City Council hereby gives its written approval to the Sublease Agreement between City of Sebastian Municipal Golf Course and the City of Sebastian, attached hereto as Exhibit 'T'. Section 2. CONFLICTS. conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. · esolutions or parts of resolutions in This resolution shall take eff'ect immediately upon its adoption. A motion to adopt the foregoing ResolutiOn was made by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this ResolUtion duly passed and adopted this 23rd day of February, 2000. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Chuck Neuberger, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney SUBLEASE AGREEMENT THIS LEASE, made and entered into this ~ day of February, 2000, by and between the CITY OF SEBASTIAN MUNIC~AL GOLF COURSE, a special enterprise existing under the laws of the City of Sebastian, Florida, (hereinafter referred to as the "Landlord"), and CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as the "Subtenant"). The Landlord and the Subtenant are sometimes collectively referred to herein as the "parties". WITNESSETH: WHEREAS, the Landlord operates under a lease of land from the Sebastian Municipal Airport dated December 12, 1981, and WHEREAS, the certain property is being used for the operation of the City of Sebastian Municipal Golf Course (hereinafter referred to as the "Golf Course"); and WHEREAS, a portion of the land so leased, located along the boundary lying east of the entrance road, is not being actively utilized for golf course purposes; and WHEREAS, the Landlord by duly adopted Resolution of the City Council of the City of Sebastian, Florida has agreed to lease such property to the Subtenant subject to certain terms and conditions contained in the underlying lease for such property; and WHEREAS, the Federal Aviation Authority has granted approval to the subletting of said land for the purposes set forth herein, a true and correct copy of said approval being attached hereto as Exhibit "A"; and WHEREAS, the Subtenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinatSer provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. RECITALS. The above stated recitals are hereby incorporated by reference in this Sublease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Subtenant and the Subtenant rents hereby from the Landlord that portion of the real property of the Landlord which is described more particularly on Exhibit "B" annexed hereto and made a part hereof by reference (hereafter referred to as the "leased premises"). In the event that any portion of the Leased Premises is needed for actual improvements to the Golf Course or Airport, any portion thereof rendered unusable to Subtenant shall be released from this Sublease and the rental payments adjusted accordingly. 3. TERM OF LEASE. The term of this Sublease shall be for a continual period of time coexistent with any lease agreement for the subject property between the Sebastian Municipal Airport and Landlord. 4. RENT. The parties agree that the rent during the term of this Sublease, payable by the Subtenant on a monthly basis on the first day of each month, shall be based upon a pro rata share equivalent to 1.65% of the monthly rental payment made by the Landlord to the Sebastian Municipal Airport pursuant to the underlying lease. 5. USE OF LEASED PREMISES. The Subtenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. The Subtenant agrees that the leased premises shall be used by the Subtenant primarily for the purposes of stockpiling, storing and sorting construction equipment, materials and nontoxic by-products of the construction process. No other use may be conducted by the Subtenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. 6. UTILITIES. The Subtenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service or any other utility or service consumed in connection with the leased premises. The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 7. INSURANCE. In the event that the Subtenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Subtenant shall reimburse Landlord for the amoUnt of said increase within thirty days of notice of the same. 8. INDEMNIFICATION. The Subtenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Subtenant's occupancy or use of the leased premises and the use of the leased premises by Subtenant's agents, employees, and invitees, including all attorney's fees incurred !by the Landlord in defending any such claims. This Paragraph shall survive the termination or cancellation of the Sublease. 9. ENVIRONMENTAL MATTERS. The Subtenant hereby agrees to indemnify, defend and hold the Landlord harmless from Ond against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or ihdirectly from, out of or by reason of any hazardous or toxic materials, substances, pollulants, contaminants, petroleum products, hydrocarbons or wastes being located on the prgperty and being caused by the Subtenant or its sub-Subtenants. The presence of said subitance or materials on the leased premises shall raise the presumption that Subtenant is the cause of such presence. This Paragraph shall survive the termination or cancellation of the Sublease. 10. PREVENTION OF USE OF THE PREM/SES. If, after the effective date of this Sublease, the Subtenant is precluded or prevented from using the leased premises for those primary purposes identified in this Sublease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in exceSs of ninety (90) consecutive days, the Landlord may allow the Subtenant to terminal~e this Sublease. The right to terminate this Sublease must be granted by the Landlord, ~in writing, before the Subtenant shall be released from its obligations under the terms of ti is Sublease. 11. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Sublease takes over the operation or use of the airfield and/or Airport which results in the Subtenant being unable to operate under the terms of the Sublease, then the Sublease may be extended upon mutual agreement of the Subtenant and the Landlord for an additional period equal to the time the Subtenant has been deprived of the value of this Sublease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Sublease. 12. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, building and/or improvements on the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Subtenant to continue the operation of its business on the leased premises, the Sublease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Subtenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 13. ENTIRE AGREElV[ENT. This Sublease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 14. BINDING EFFECT. The terms and provisions of this Sublease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 15. APPLICABLE LAW/VENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Sublease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. 16. APPROVAL BY RESOLUTION. The City Council shall grant its approval of this agreement on behalf of the Landlord by way of Resolution duly adopted. IN WITNESS WHEREOF, the parties hereto h~[ve set their hands and seals the day and year first above written. ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: CITY OF SEBASTIAN A Murticipal Corporation By: Terrence R. Moore, City Manager Rich Stringer, City Attorney U,S. Department of Transportation Federal Aviation Administration ORLANDO AIRPORTS DISTRICT OFFICE 5950 Hazeltine National Dr., Suite 400 Orlando, Florida 32822-5024 Phone: (407) 812-6331 Fax: (407) 812-8978 January 3 I, 2000 t'v[r. Tcn-v Hill Airport Manager Sebastian Mtmicipal Ai~ort 122_5 Main Street Sebastian, Florida 32958 Dear Mr. Hill: ..... Re.' Sebastian Municipal Airport Airspace Case 00-A$0-3010-NRA Concrete & Pipe Storage Facility The proposed change to your currently approved Airport Layout Plan (ALP) submitted by your January 19. 2000 letter has been reviewed under the authority of Federal Aviation Regulations (FARs), Parts 77 and 152. Ti~ review has considered the safety and utility of aircraft operations and planned navigational aids as related to this proposal.. · The proposed change to the ALP is approved provided the facilities are constructed in the location and to the heights listed in your letter. The Federal Aviation Administration generally does not consider this type of storage ~aeility to be hazardous to wildlife attractants if is maintained in an orderly manner; admit no putrescible-waste of any kind; and are not co-located with other disposal operations. We agree with you that weekly inspections should be performed to prevent the nesting of birds and rodents on this site. This approval shall remain in effect until such subsequent date as agreed to by the Orlando Airports District Office. This approval shall remain, in effect until the next regular update of the ALP, or the next request for Federal Aviation Administration approval of the ALP, whichever comes first. At that time, the facilities should be shown on the ALP either as "constructed" or "planned", whichever is appropriate. This approval does not include approval of any lease, does not release any surplus or grant agreement- acquired airport property, nor does it relieve the airport owner or the proponent of compliance with tAIL Part 155, or any other law, ordinance, or regulation of any federal, state, or local government body. Sincerely, Vernon P. Rupinta Program Manager City of Sebastian, Florida Subject: Conference/Florida City and County Management Association Agend~ No. tOO- 0 ~ _ Department Origin: City Manager Date Submitted: 02/15/2000 For Agenda of: 02/23/2000 Exhibits: EXPENDITURE REQUIRED: Education:S200 Tmvel/PierDiem: Approx. $500 AMOUNT BUDGETED: Education: $2,020 Travel/Pier Diem: $3,151,65 APPROPRIATION REQUIRED: Education: $200 Trove!/Per Diem: $500 Total: Approximately $700 SUMMARY This year the Florida City and County Management Association (FCCMA) is schedul, ed to hold its 54th Annual Conference at Ponte Verda, Jacksonv/lle, Beach, on May~,~7, 2000. The theme of the FCCMA Conference this year will be "Form and SubstaTnce". The conference program depicts various key speakers focusing in on building a strong community with the ability to listen to citizens, define the public interest and develop a systematic approach to building trust between citizens and government RECOMMENDED ACTION Move to approve the City Manager to attend the Florida City and County Management Association (FCCMA) 54th Allnual Conference, scheduled to be held at Ponte Verda, Jacksonv/lle Beach, FL, on May 24-27, 2000. I City of Sebastian, Florida Subject: Change Order to Asphalt Recycling - Schumann Drive Median Curbs Approved~for Submittal by: Agenda No. O0 - 0~(0 Department Origin: Engineering Martha S. Campbell, P.E. 'T, it..-~!, Paul Wagner, Procurement ~ Mark Mason, Finance ~ Date Submitted: 2/16/00 For Agenda of: 2/23/00 Exhibits: EXPENDITURE REQUIRED: $58,410 AMOUNT BUDGETED: $543,146 APPROPRIATION REQUIRED: None SUMMARY Plans for reconstruction of Schumann Drive includes installing concrete curbs around the medians and improving the median landscaping. Concrete curbs were not part of the original contract, therefore, a change order is necessary to have curbs installed. The quoted price for Type D concrete curbs is $6.49. This is a reasonable cost from the contractor considering that Indian River County has a contract price of $9.50 for concrete curb. The total amount of curb needed for Schumann Drive is 9,000 lineal foot for a total change order amount of $58,410. RECOMMENDED ACTION Move to approve change order gl with Asphalt Recycling for $58,410. CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER # 1 PROJECT NAME RECYCLING PORTiON - PAVING PROJECT PURCHASE ORDER # 2612 PROJECT # C8308 · CONTRACTOR Asphalt Recycling Inc. ADDRESS P.O. Box 510875 Melbourne Beach, FL 32951 PHONE: 407:951-0129 CONTRACT NAME Rec¥clin~ - Pavine_Proiect CONTRACT DATE: S~tember 1999 By the signatures affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document the Contractor is hereby notified Ito commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, mad all the terms and conditions of said Conlxact are enjoined and in full force while executing the change(s) stipulated as follows: 9,000 LF of Tyge D Conc. rete Curb ('~ $6.49 per lineal foot A) B) CONTRACTOR: CONTRACT PRICE PRIOR TO THIS CHANGE NET (INCREASE) (DECREASE) RESULTING FROM THiS CHANGE NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER CONTRACT TIME PRIOR TO THIS CHANGE. (NUMBER OF DAYS.) NET (INCREASE) (DECREASE) RESULTING FROM THI~ CHANGE. (NUMBER OF DAYS.) NEW COMPLETION DATE INCLUDING THIS (2H. ANGE. !CITY OF SEBASTIAN: $ 300,O00.Ob $ 58,410.00 $ 358/410.00 No Chan~e No Change Not Al~plicable Authorized Signature Date Authorized City Manager Date Title Approvals By City of Sebastian: Other Engineer City Dept. Head Finance Director Purchasing Official .CHANGEOR ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk for City of Sebastian Date SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 23, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Neuberger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Chaplain Frank Camillo - Barefoot Bay First Baptist Church. ROLL CALL City Cquqcil Present: Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Walter Barnes Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. ~;~;alff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Finance Director, Mark Mason Public Works Director, Terry Hill Chief of Police, Randy White City Engineer, Martha Campbell Deputy City Clerk, Sally Maio Regular City Council Meeting February 23, 2000 Page Two AGENDA MODIFICATIONS (ADD['I[IQNS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) 00.043 [F~ROCI.~/IATIONS. ANNOUNCEMENT~.~ND/OR PRESENTATIONS A. /Proclamation - Florida Citizenship and Leadership Day - Requested by Florida League of Cities 00.044 B. A' CPA - Hoyman, Dobson & Company, PA - Presentation of City of Sebastian nnual Financial Report for Year Ended September 30, 1999 (Audit Reports Distributed Under Separate Cover) 00.045/ C. Ted Moorehead, Chairman, Indian River Lagoon Scenic Highway Corridor Management Entity 99.161 Agreement Presentation - Authorize City Manager to Enter Into Corridor Management Entity Agreement with Marine Resources Council and Other Member Entities (City Manager Transmittal ~-~/14100, Moorehead Letter) u o .ox " CITY ATTORNJ~Y .MATTERS CITY MANAGER M~TTERS CITY CLERK MATTI-;RS 10. ~l'J'~' ¢:OUNCIL MATTERS A. Mr. Bishop 00.046/ 99.120 00.047 00.048 11. 00.049 00.050 CONSENT AGENDA All items on the consent agenda are considered routine end wSI be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Counc8 so requests; in which event, the item will be removed and acted upon separetely. Ao Approval of Minutes - 2/9/00 Regular Meeting Craft Club Request for Amendment to Use of Riverview Park to Authorize Sebastian River High School Shark Band Boosters to Set Up Food Stand During Craft Shows (City Clerk Transmittal 2/9/00, Craft Club Letter) March of Dimes - Request for Use of Riverview Park as Start/Finish Point for Walk America Walk-A-Thon w/Electricity on 4/1/2000 - 7 am to 10:30 am (City Manager Transmittal 2/11/2000, Bassoff Letter) Sebastian River Area Chamber of Commerce - Request for Use of Riverview Park for Annual Business Expo 2000 - 4~8/00 - 9 am to 6 pm and 4/9/00 10 am to 6 pm with Electricity and Appropriate Street Closings as Determined by Police Department (City Manager Transmittal 2/11/00, SRACC Memo) Lions Club 4th of July Celebration Meetings - Request Waiver of Fees for Use of Yacht Club - First and Fourth Monday of Each Month through First Week of July (City Clerk Transmittal 2/9/00, Osmundson Letter) Scott Birthday Party - Request Use of Community Center 3/11/00 - 7 pm to Midnight - R-98-43 Requires Approval for Use After 11 pm (City Clerk Transmittal 2/15/00, Application) The City Manager read the consent agenda. MOTION by I move to approve items A, B, C, D, E and F of the consent agenda. 4 A. Approval of Minutes - 2/9/00 Regular Meeting 00.046~ 99.120 Craft Club Request for Amendment to Use of Riverview Park to Authorize Sebastian River High School Shark Band Boosters to Set Up Food Stand During Craft Shows 00.047 March of Dimes - Request for Use of Riverview Park as Start/Finish Point for Walk America Walk-A-Thon w/Electricity on 4/1/2000 - 7 am to 10:30 am 00.048 Sebastian River Area Chamber of Commerce - Request for Use of Riverview Park for Annual Business Expo 2000 - 4~8~00 - 9 am to 6 pm and 4/9/00 10 am to 6 pm with Electricity and Appropriate Street Closings as Determined by Police Department 00.049 Uons Club 4th of July Celebration Meetings - Request Waiver of Fees for Use of Yacht Club - First and Fourth Monday of Each Month through First Week of July 00.050 Scott Birthday Party - Request Use of Community Center 3/11/00 - 7 pm to Midnight - R-98-43 Requires Approval for Use After 11 pm 00.032 12. PUBUC HEARING A. SecpD<J Reading and Public Hearing on O.rdjoance No. 0-00-03 - Methodoloqy [.or Measuring I. ot Width in Riverfront Per~o~j~q~nce Overlay District (City Attorney Trapsmittal 2/17/00, 0-00-03) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-19.3(9), LAND DEVELOPMENT CODE, RIVERFRONT OVERLAY DISTRICT DEFINITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at, and the City Attorney read Ordinance No. 03 by title, MOTION by I move to adopt Ordinance 0-00-03. 00.042 Secqpd Reading and Public He~[rirtg Ordinance No, O-00-Q4 - FY 2000 Budget Amel~dment (Finance Director Traq~mittal 2/14/00. O-00-04) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, iNDiAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT 'A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberger opened the public hearing at, and the City Attorney read Ordinance No. O-00- 03 by title. MOTION by I move to adopt Ordinance 0-00-04 amending the fiscal year 2000 budget for the General fund, Capital Projects fund, Golf Course fund, and Airport fund. 00.051/ 99,242 First Reading and First Pu. blic Hearing on Ordinance No, 0-00-05 ~;NK. Inc. Comprehensive Land Use_Plan A.B)el~dment - Schedule Second Reading ~d Second Public Hearing for 3/8/00 (Growth Mall~ge~el~t Transmittal 2/17/00, 0-00-05. AppJication. Location Map, Staff Report, P & Z I~e~qmmendation) AN ORDINANCE OF THE CI'I-Y OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (iN) FROM LOW- DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mayor Neuberger opened the public hearing at, and the City Attorney read Ordinance No. O-00- 03 by title. MOTION by I move to schedule the second public hearing for March 8, 2000. 13. INTRODUCTION OF NEW BUSINESS FJ~OM THE PUBLI~ Item that has occurred or was discovered within the prevfou$ six months which is not otherwise on the agenda - sign-up required- #mit of ten minutes for each speaker 14. 00.007 CO~MITrI~E REPORTS/RECOMMF-.~pATIONS Planning ~lld Zoning Commission (City Clerk Transmittal 2/14/00, 2 Applications, Member List, Ad) 1. Interview, Unless Waived, and Appoint Two Alternate Members to: a. Unexpired Term to 1/1/2002 b. Unexpired Term to 11/1/2001 City Council interviewed Jean Carbano and Richard Smith. 10 00,052/ 99.235 OLD BUSINESS A. (;;Ij.rl; Oxford. Woodcarver, lnck- City Welcome Signs Update ,~l~d Status Report (No Backup) Mr. Oxford gave a brief update on city welcome signs, ]! 00.053/ 99.182 Skateboard Park Site Planning VYorkshop (PW/Engineering Transmittal 2/14/00) 16, 00.054A NEW BUSINESS First Reading of Ordinance_ No. O-00-06 - Amefitrend Homes. Inc. Small Scale Comprehensive Land Use Plan An3er)dment - Schedule Second Reading and Public Hearing for 3/8/00 (G~'~wl;.b_ Manageme_n.t Director Transmitt~ ~17/00.0-00-06. A~ol[(~ation. Location Map. ~_taff Report. P & ~, R~0mmendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO CG (COMMERCIAL GENERAL) FROM C-512 (COMMERCIAL 512) FOR LAND CONSISTING OF 7.57 ACRES, MORE OR LESS, LYING SOUTHEAST OF FELLSMERE ROAD AND SOUTHWEST OF WlMBROW DRIVE; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-06 by title. MOTION by i move to schedule the public hearing for March 8, 2000. 00.054B First Reading of Ordinance No. 0-00-07 Ameritrend Rezoning - C~c_hedule Second Reading and Quasi-Judicial Public H~ering for 3/8/00 (Growth Mana(~nt Director Transmittal 2/17/0D~ (~- 00-07. Agl~lic~tiQl% Location Map, Staff Rel;)ort, P_ & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED SOUTHWEST OF WlMBROW DRIVE AND SOUTHEAST OF FELLSMERE ROAD; CONTAINING 7.57 ACRES, MORE OR LESS, FROM C-512 (COMMERCIAL 512) TO CG (COMMERCIAL GENERAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-06 by title. MOTION by I move to schedule a quasi-judicial public hearing for March 8, 2000. 14 00.055 ~Authod~:e Release of BondJ;Ce~fi{:ate of Deposit) to Ri_~ha~d Fey for Mulching Oper~!~;iol~ (City Maq~ger Transmittal 2/15/00. Fey Letter) MOTION by ~=> k] 0 '1~ I Trm~/.~to aU~h~~'~se a ~ond being held by the City in the form of a Certificate of Deposit to Richard Fey as previously submitted for a mulching operation. 15 00.056 Bid Award and Authorize City Manager to Execute Contract with M.D. U~ty Contractors for Culvert Repla{;emenl;~ in the Amount of $118.620 (Engineedn(~ '['ransmittal 2/7/00, Bid Tabulation) MOTION by I move to authorize the City Manager to execute a contract to M.D. Utility Contractors, Inc. for culvert replacements in the amount of $118,620. 00.057A Authorize City Marlaaer to Execute State of Flodd~ Department of Transpo[tatj.o~l Public Trar~sportation Joint Participation Agreement - State Funding Share Amount $240,000 for Airport Master Plan Ui;xtate - Adopt Resolution No. R-00-12 (City Manager Transmittal 2/14/00, FOOT Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE SEBASTIAN MUNICIPAL AIRPORT MASTER PLAN UPDATE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-00-12, MOTION by I move to authorize the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement between the State of Florida Department of Transportation and the City of Sebastian with the State's funding share amounting to $240,000 for the Sebastian Airport Master Plan Update. 17 00.057B &pprove Raqk Order for Airport CQqsultants and Authorize Staff to Begin Iq.egotiations as Rec{)mmended (Purchase and Contract Ad0njnistrator Transmittal 2/15/00, RFQ Point Tabulation Summapj) MOTION by I move to approve the ranking of airport consultant services as provided on the Point Tabulation Summary and authorize staff to begin negotiatins with the highest ranking firm first, which would be LPA Group, Tampa, Florida, if unsuccessful, then negotiate with the second ranked firm, etc. ]8 00.058/ 99.243 Besolutior~ No. R-O0-11 - Suble~t~e of Golf Course Land to City for Public Works Use (City Manager Transmittal ?./17/00, P,-00-11. Sublease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF GOLF COURSE LAND TO CITY FOR PUBLIC WORKS USAGE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. MOTION by I move to approve Resolution R-00-11 granting the approval to sublease golf course land to the City for Public Works usage. ]9 00.059 Approve City Maoager Attendance at Florida CitY and County Management Asso{;jation (?CCM/~ ~tth Annual Conference - Ponte Vedra. Jacksonville Beach. FL -.LMay 24-27. 2000 (City_lVlanager Transmittal 2/15/00) MOTION by I move to approve the City Manager to attend the Florida City and County Management Association (FCCMA) 54th Annual Conference, scheduled to be held at Ponte Vedra, Jacksonville Beach, FL on May 24-27, 2000. 20 00.060 Approve Char[ge Order #1 with Asphalt Recycling for Cg0crete Curbs for Schuma!3rl Drive P, ecqnstruction in the Amount of $~5~,410 (City Engineer Tran~,~ittal 2/16/00. Change Order) MOTION by I move to approve Change Order #1 with Asphalt Recycling for $58,410. 17. ADJOURN (All meetings shell adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council)