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HomeMy WebLinkAbout03082000I I I I I I I I I I I I I I I I I I I SEBASTIAN FLORIDA REGULAR CITY COUNCIL MEETING AGENDA PACKET WEDNESDAY MARCH 8, 2000 7:00 PM '(407) 589'5330 CITY HALL, 1225 MAIN STREET, P.O. BOX 780127, SEBASTIAN, FLORIDA 32978-0127 DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 8, 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 moment of silence. ROLL CALL City Council Present: Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Walter Barnes Mr. Ben A. Bishop (excused absence) Mr. Edward J. Majcher, Jr. Staff Present; City Manager, Terrence Moore City Attorney, Rich Sbinger City Clerk, Kathryn O'Halloran Police Chief, Randy White Growth Management Director, Tracy Hass Growth Management Manager, Jan King Public Works Director, Terry Hill Deputy City Clerk, Sally Maio Regular City Council Meeting March 8, 2000 Page Two DRAFT 00.061 00.062 o 10. A(31~NI;)/t MODIFICATIONS (ADDITIONS.AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) Mayor Neuberger requested addition of a request to Indian River County to extend water lines on the west side of US 1. It was the consensus of City Council to add the item under New Business as item A.I. PROCLAMATLQ~S, ANNOUNCEMENTS AND/OR PRESENIATIONS A. Proclamation - lri~lian River Co_u.[tty 75th Anniversary - Accepted by (~)L~Ety Commissioner Ruth Stanbddae Mayor Neuberger read and presented the proclamation to Indian River County Historical Society member, Barbara Krieger. Ms. Krieger requested attendance by a Council member to read the proclamation at the County's festivities on March 25, 2000. Mayor Neuberger welcomed County Commissioner Ruth Stanbridge. B. Presentati..gn by Eula Robinson, Partnership ~;pecialil;t. US Census Bureau - Census 2000 Eula Robinson was unable to attend the meeting. CITY ATTORN..~y MATTERS None. CITy MANAGER MA'L'TER~ Reported on the upcoming FEMA National Flood Insurance Program meeting with staff on March 27, 2000 to revisit the program in the City of Sebastian. CITY CLERK MATTERS None. CITY COUNCIL MA'I-rERS A. Mr, Majcher · Reported that the State of Florida has surpassed anticipated numbers for recreational boating registrations and that funding for boating recreation is being addressed B. Mayor Neu. berger · Was assured that flood maps will be addressed at the aforementioned meeting · Asked about 33 driveways on Schumann which had to be redone, and the Public Works Director reported that a couple of driveways will be reworked on Schumann and several in other areas, Discussed problems with detours due to bridge repairs · Reported on the Metropolitan Planning Organization meeting 2 Regular City Council Meeting March 8, 2000 Page Three DRAFT 00.063 00.064 11. Mr. Barczyk · Expressed concern regarding vacant lots with dry brush and asked if Council should readdress the undergrowth orClinance at a future date · Said he had received calls re:ldirt pile by Golf Course, asked if another location can be found, and asked if Indian River County is dumping there also. The Public Works Director said Indian River County is usihg the area while reconstructing Taft Street. Mr. Barnes i · Said he had also received ph(~ne calls and would go look at the site · Announced the Keep Indian River Beautiful (KIRB) open house on Friday · Said that at the last KIRB cleanup people were asking for a cleanup along Indian River Drive. The City Manager said IPat Harris will address Council on 3/22/00 · Annouhced that the City Clerki was recently named a Master Municipal Clerk, one of only 8 in Florida · Complimented the Police Dept. for its recent MACE operation ' · Said he had received Falcon Cable complaints and asked where the flyers they were that they were supposed to mail mit. The City Manager said staff has contacted Falcon · Suggested that Council sched~ule workshops on the Land Development Code The City Manager noted that Charter (tommunications will be coming before Council with a report. Discussion took place on citizens who did not receive the City newsletter and options to assure they will get them in the future. ' Mr. Barczyk asked if the hours of flash[ pickup can be posted in the newsletter. E. Mr. Bishop Absent. gONSENT AGENDA All Ilerns on the consent agenda are considered reut~ne and wgl be enacted by one moUon. There will be no separate discussion of consent agenda items unless a member of Cify COUec~ so request&' in which event, the item will be removed and acted upon Approval of Minutes - 2/23/00 Regular Meeting Prena Community Center Request - 41~/00 6 pm to 10 pm - A/B - Security Paid - Age Verified (City Clerk Transmittal 2/18/00, Application)' Sebastian River Ministerial Association Riverview Park Request - Easter Sunrise Service - 4/23/00 6 am to 8 am - Bleachers and Electricity (City Clerk Transmittal ?./22/00, Thomas Letter) The City Manager read the consent agenda. Regular City Council Meeting March 8, 2000 Page Four DRAFT 00.054A 00.054B MOTION by Majcher/Barnes "1 move to approve the consent agenda." ROLL CALL: Mayor Neuberger Mr, Barczyk Mr. Barnes Mr. Bishop Mr. Majcher - aye - aye - aye - absent - aye MOTION CARRIED 4-0 12. PUBLIC HEARING Public Hearing~nd Adoption of Ordinance_Ne, 0-00-06 -.Aj~eritrend Homes. Inc, Small Scale CQmprehellsiv~.j,and Use Plan Amer]ql[nent (Growth Manage[heist Director Transmittal 3/1/00. O- 00-06, Application. LocaUon Map, Staff Reoort._P..~ Z l~gcommendation) 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. (1st Reading 2/23/00, Advertised Legal 2/22/00, Letters 2/22/00) Mayor Neuberberger opened the public hearing at 7:32 p.m. and the City Attorney read Ordinance No. 0-00-06 by title. The Grow~ Management Director presented the staff report and recommended approval. Mayor Neuberger closed the public headng at 7:35 p.m. MOTION by Barnes/Majcher '1'11 recommend approval of Ordinance O-00-06." ROLL CALL: Mr. Barczyk - aye Mr. Bames - aye Mr. Bishop - absent Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 4-0 Public Hearing and AdoDl~on of Ordinance Nq~.O-00-07 Arperitrend Rezoning (Growth ManaGement Director Transmittal 3/1/00. (~-00-07. Application. Location Map,'Staff Report. P & Z Recommend~on.) 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. (1st Reading 2./23/00, Advertised Legal 2/22/00, Letters 2/22J00) 4 Regular City Council Meeting March 8, 2000 Page Five DRAFT 00.065N C. 98,020 Mayor Neuberberger opened the public hearing at 7:36 p.m. and the City Attorney read Ordinance No. 0-00-07 by title. The City Attorney swore in the Growth Management Director and he presented the staff report and recommended approval. Mayor Neuberger closed the public he~ring at 7:38 p.m. MOTION by Barczyk/Barnes '1 move to adopt Ordinance Ne. O-00-07.' ROLL CALL: Mr. Barnes i - aye Mr. Bishop - absent Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 4-0 First Reading and First Public Hearing Creating ~iverfront ZonjDq (~lassiflc~tiq! Second Public Hearing for 3/22/00 (Gr( District Regulations Attached) Ordinance No. Q-00-08 ,J. DC Text Amendments - ,ls and Regulations - Schedule Second Reading and wth I~laqaqement Transmittal 2/29/00, 0-00-08 w/Zoning AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, TO CREATE ZONING DISTRICTS C (CONSERVATION), CWR (COMMERCIAL WATERFRONT RESIDENTIAL) AND CR (COMMERCIAL RIVERFRONT) AS REQUIRED BY COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILI'r'Y; PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberberger opened the public hearing at 7:39 p.m.and the City Attorney read Ordinance No. O-00-08 by title. The Growth Management Director presented staff report and recommended approval and scheduling of a second public hearing On March 22, 2000. The City Attorney page circle 65 - recor follows: Under Waterward of MearVOrdinary Hi(, facilities are essential to the public heal1 Under Within Areas Above the Mean H~ change number 2 to 'Picnic Areas and ~ ~mend changes to the conservation district language as ~ Water. add number 5 - Public Improvements where such h safety and welfare. gh Water. add in number 1. "Biking and" before Hiking; 'elated facilities and similar related passive uses; and at end of number 3 add a comma and "and educational structures"; and number 5 add "as well as public improvements". It was the consensus of Council that these amendments did not have to go back to Planning and Zoning since they were on the advice of the City Attorney. Mayor Neuberger closed the public hearing at 7:45 p.m. Discussion took place on measurement of the building height in the conservation district. Regular City Council Meeting March 8, 2000 Page Six DRAFT TAPE I - SIDE II (7:47p.m.) Discussion took place on the addition of foster care and assisted living facilities as permitted uses, and merchandising of second hand goods as a conditional use. MOTION by Majcher/Barnes "1 make a motion to hold first public hearing of Ordinance No. 0-00-08 and schedule the second public hearing for March 22, 20007 ROLL CALL: Mr. Bishop - absent Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 4-0 00.0661 98.020 First_Reading and Fir~t.~ublic Headng - Ordinance No. O-0o-_09 - City Wide Rezoning - Schedul.t Second Reading and Second Put31ic~earing [or 3/2~/0_0 {Growth Manage~ment Transmittal 2/29/00.O-00-09~Citv-V~de Zoning Map to Be Presented ~t lyleeting) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY-WIDE ZONING MAP TO COMPLY WITH COMPREHENSIVE LAND USE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberberger opened the public hearing at 7:55 p.m. and the City Attorney read Ordinance No. O-00-06 by title. The Growth Management Director bdefly described the new zoning districts and recommended approval. Mayor Neuberger closed the public hearing at 8:03 p.m. MOTION by Barnes/Barczyk '1'11 make a motion to approve Ordinance O-00-09 city wide rezoning and schedule the second reading and second public hearing for 3/22/00." ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - absent MOTION CARRIED 4-0 6 Regular City Council Meeting March 8, 2000 Page Seven DRAFT 00.067 13. 14. INTRODUCTION OF NEW BUSINESS FROM THE pI)BUC Item that has occurred or was discovered within the p~vfou$ six months which is not othen~ise on the agenda - sign.up required- limit of ten minutes for each speaker Russ Godin, asked whether if he purchased a h~)me with an existing alarm permit, he had to purchase another permit, and if someone gained access tO computer records and discovered he didn't have an alarm would he be open to burglary. It was decided he would meet with the City Manager. COMM. ITTE. E R.EPO RT-~/~I~COM!~ EN DAT[O N~ A. (~de Enforcem_en[ Ward (City Clerk Transmittal 3/1/2000, Applications, Member List, Ad) 1. Intewiew Applicants, Unless Waived, and Appoint as Follows: a. Subcontractor Position - Term to Expire 2/1/2003 b. Businessman Position - Term to Expire 3/1/2003 c. Regular Member Position - Term to Expire 311/2003 / Mayor Neuberger noted Mr. Schofield ~as not in attendance. Alternate Adrina Davis withdrew his application since his position does not eXPire at this time and said he will submIt a formal letter. MOTION by Barnes/Majcher 'I'd make a motion to appoint Alan Schofield to the subcontractor position with term to expire February 1,20032 ROLL CALL: Mayor Neuberger - aye Mr. Barczyk * aye Mr. Barnes - aye Mr. Bishop - absent Mr. Majcher - aye MOTION CARRIED 4-0 The City Attorney advised that since Mr. iDavis withdrew his application, Sal Neglia, who had submitted an application for the positioni was now eligible for reappointment by virtue of no other applicants for the posilion. MOTION by Barnes/Barczyk "1'11 make a motion to appoint Mr. Neglia to a regular member position with term to expire Mamh 1,2003/ ROLL CALL: Mr. Barczyk - aye Mr. Barnes * aye Mr. Bishop - absent Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 4-0 Regular City Council Meeting March 8, 2000 Page Eight DRAFT MOTION by Neuberger/Majcher "1'11 make a motion to retain Elizabeth Ann Griffin-Brauer." ROLL CALL: Mr. Barnes - nay Mr. Bishop - absent Mr, Majcher - aye Mayor Neuberger - aye Mr. Barczyk - nay MOTION CARRIED 2-2 (No vote) The City Attorney advised that this was a no vote, because approval requires three affirmative votes of the Council; and concurred that the City Clerk should readvertise for the position. 15. OLD BUSlNES~ - None 16. NEW_BUSINESS A. 1. Indj~r~ River County Utilities - Water on West Side o~ US_1. Mayor Neuberger said he had calls from merchants west of US 1 requesting water, had been informed that a new water main will run from the intersection of Roseland and CR 512 up Main street and will tie in to the spur from the riverfront. It was the consensus of Council to direct the City Manager to send a letter to Indian River County to inform them that merchants on the west side of US 1 are interested in extension of waterlines. Mayor Neuberger called recess at 8:20 p.m. All members present at recess were present when the meeting reconvened at 00.065BI A. 99.188 proposed Land Development Code Revision Reog~ (Gre~h_l~[anagement Tra_n.~mittal ~'29/00. Prog. osed LDC and Zonin(;I. Mag to I~e Pre~ented al; Meeting) The Growth Management gave an update on the proposed Land Development Code revision, noting that Planning and Zoning will continue its public hearing on March 16, 2000, and at that point, recommendation should brought to City Council. 00.068 B. TAPE II. ,SIDE II (8:52 p.m.) E;ebastiaJ] Panthers Request_for Rental Fee Waiver for Use of Community Center for Fundraiser Danqe on 3/25/00 - 6 pre to 9 pm (City Clerk Transm~al 2./25/00.5/25/94 Minutes E;~cerpt. ~Al;)plicati~p., panthers Letter, [~-98-43) MOTION by Barnes/Barczyk '1'11 make a motion to uphold the resolution and deny the Panthers request for a fee waiver for the Community Center.' ROLL CALL: MOTION CARRIED 4-0 Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - absent Regular City Council Meeting March 8, 2000 Page Nine DRAFT 00.016 C. 00.069/ D. Resolution No, ~-{)Q-13 .,~[.It~odzing City Mar~aer to Apply for .Flodda Inlapd Navigation Distdct Wate~yays As~aRq~ PrQgmm Grar~b_Ph~e I Improvement, tg Former Go_od Guys Property (City M_anaqer Transmittal 2/29/00. R-00-13, Proposed S~e Plan) A RESOLUTION OF THE CiTY OF SEBASTIAN, I~DIAN RIVER COUNTY, FLORIDA, AUTHORIZING ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVID NG FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the revised ResOlution No. R-00-13 by title. MOTION by Majcher/Barnes ~ "1 make a motion to move to approve Resolution R-00-13 authorizing the City Manager to apply for a Watenvays Assistance Prog~ram Grant from the Florida inland Navigation District for Phase I improvements to the former GOod Guys, Inc. property located on the riverfront." ROLL CALL: Mayor Neuberber - aye Mr. Barczyk ! Mr. Barnes Mr. Bishop Mr. Majcher - aye - aye - absent - aye MOTION CARRIED 4-0 / City Clerk requested a motion on t~e Sebastian Panthers request to charge an admission fee. The MOTION by Majcher/Bames '1 would make a mo§on that we allow them to charge $2.00 admission for the Sebastian Panthers.' Mr. Barnes o aye Mr. Bishop - absent Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye ROLL CALL: MOTION CARRIED 5-0 Authorize City Manager to Execute Certification of Accep~nce/Local [-aw Enforcement Grant pr..qoram in_the Amount of $8.423 (City Vlanager Transmi~al 2/29/00. Subqrant Award ~:ertificate) MOTION by Majcher/Barnes "1 move to authorize City Manager to execute the Department of Community Affairs Certitication of Acceptance/Request for Payment of Subgrant Award, in the subgrant amount of $8,423 for the Sebastian Police Department Records Management Enhancement Program." Regular City Council Meeting March 8, 2000 Page Ten DRAFT ROLL CALL: Mr. Bishop - absent Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 4-0 old E. R~e~glution. No. R-00-14 - Vacating a Po_trion oJ' Plat of Sebastian Higbl~.[lds Units 11,16 and 17 (Growth Management Transmil~.~l, [R-0D-_14, I,e_q~l Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A PLAT KNOWN AS UNITS 11, 16AND 17 SEBASTIAN HIGHLANDS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the ale and noted that there are revisions to the legal description, which was an attachment to the resolution, and submitted the revisions to the City Clerk. The Growth Management gave a brief presentation. MOTION by Barnes/Barczyk '1 move to adopt Resolution R-00-14 and transmit a certified copy to County officials in accordance with law as amended," ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 17. Being no further business, Mayor Neuberger adjourned the Regular Meeting at 9:08 p.m. Approved at the ,2000, Regular City Council Meeting. Chuck Neuberger Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk ]0 0 o ~ o o o d~ d 0 0 0 0 0 CITY COUNCIL MEETING DATE: ITEM NO.CS~ ~3 o w?-~ MOTION ROLL CALL1 Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. BisholY Mr. Majcher~ ITEM NO. o ~"¢ ~ ROLL CALL 2 Mr. Barczyk5 Mr. Barnes -" Mr. Majcher Mayor Neuberger ./// MOTION SECOND .~-~._~,,~,. SECOND ITEM NO. ROLL CALL Mr. Barnes Mayor Neuberger Mr. Barczyk MOTION SECOND ITEM NO. ROLL CALL 4 Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes SECOND ITEM NO. ROLL CALl, 5 Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes MOTION SECOND CITY COUNCIL MEETING DATE: ITEM NO. MOTION ROLL CAI~L 1 Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Majcher SECOND ITEM NO. ROLL CALL Mr. Barczyk J Mr. Barnes ~ Mr. Majcher ~ Mayor Neubergerl~ MOTION SECOND ITEM NO. ROLL CALl~ 3 Mr. Barnes Mr. Majcher Mayor Neuberger Mr. Barczyk /~/ MOTION SECOND ITEM NO. ROLL CALL 4 Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes MOTION SECOND ITEM NO. ROLL CALL 5 Mr. Majcher ~ Mayor Neuberger ¥ Mr. Barczyk ~/ Mr. Barnes (f~ -/~5 ~ MOTION SECOND CiTY COUNCIL MEETING DATE: ITEM NO. ~/~ MOTION ROLL CALL_L Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher SECOND ITEM NO. ROLL CALL Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger SECOND ITEM NO. ROLL CALL Mr. Barnes MtwBishow Mr. Majcher Mayor Neuberger Mr. Barczyk MOTION SECOND ITEM NO. D ~, c~ ROLL CALL 4 Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes MOTION SECOND ITEM NO. oD, 0_~>~ ROLh CALL $ Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes ~/~ M~. Bishop-' MOTION SECOND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 8, 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 moment of silence. ROLL CALL City Council present: Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Walter Barnes Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Police Chief, Randy White Growth Management Director, Tracy Hass Public Works Director, Terry Hill Deputy City Clerk, Sally Maio Regular City Council Meeting March 8, 2000 Page Two AGI~NOA MODIFICATION~ (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) 00.061 00.062 pROCLAMATIONS. ANNOUNCEMENTS AND/OR PLRF~$ENTATIONS A. Proclamation - In_dian River County 75th Antliver~ary - Accepted by County ComJ~nissioner Ruth Stanbridge (-~ ~_~.~. /~,~_~ ~.,~_ /~_~.~fo~ ~ ~- ,~2f~. _ ~ Mayor Neuberger read and presented the proclamation to Indian River Coun~ Comm~sioner Ruth Stanbridge. B. Presentation J~ Eul~l IRobinson. Partnership Specie. lib;t, US Census Bureau - Censp. s 2,000 2 7. [;:!TY ATTORNEY MAT'EER~ CLERK MATTERS E. Mr. Bishop 11. 00.0~4 CONSENT AGENDA All itern~ on the consent agenda are considered routine and v4fl be enacted by one motion, There will be no separate discussion of consent agenda itenls unless a member of City Counc# so request~* in which event, the item w~l be removed and acted upon separate/y, A. Approval of Minutes - 2/23/00 Regular Meeting Prena Community Center Request - 4/8/00 6 pm to 10 pm - A/B - Security Paid - Age Verified (City Clerk Transmittal 2/18/00, Application) Sebastian River Ministerial Association Riverview Park Request - Easter Sunrise Service - 4/23/00 6 am to 8 am - Bleachers and Electricity (City Clerk Transmittal 2/22/00, Thomas Letter) The City Manager read the consent agenda. MOTION by I move to approve items A, B and C of the consent agenda. 4 12. 00.054A pUBLIC HEARING Procodures for pub~c heatings: (R-99-21) · Mayor Opens Heating · A~orney Reads Ordinance or Resolution · Staff Presentation · Pubic Input- Limit of Ten Minutes Per Speaker · Staff Sumrne~on · Mayor Closes Heating · Coundi Action Anyone V~shing to Speak is Asked to Sign Up before the Meeting, When Called go to the Po~um and State His or Her Name forthe Record Publi(~ Hearing and Adoption of Ordinance No, O-00-06 - Ameritrend Homes, Inc. Small Scale Comprehensive Land Use Plan Ar)lertdment (Growth IVlenalgement Director Transmittal 3/1/00. O- 00-D~, Application. Location .Map. Staff Report. P & Z 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. (1st Reading 2/23/00, Advertised Legal 2/22/00, Letters 2/22/00) Mayor Neuberberger opened the public hearing at O-00-06 by title. and the City Attorney read Ordinance No. Mayor Neuberger closed the public hearing at MOTION by I move to adopt Ordinance No. 0-00-06. 00.054B ?ublic Hearing and Adoption of Ordinance No. Q-OO*O7 Ameritrend Rezoning (Growth Management Director Tra[~mittal 3/1/00, 0-00-07. Application, LocatiQn rvlap. Staff Report, P & Z I~,e¢0mmendatior0 THIS HEARING IS QUASI-JUDICIAL (see back of agenda for procedures) 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 SEVERASILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 2/23/00, Advertised Legal 2/22/00, Letters 2/22/00) Mayor Neuberberger opened the public hearing at 0-00-07 by title. and the City Attorney read Ordinance No. Mayor Neuberger closed the public hearing at MOTION by I move to adopt Ordinance No. 0-00-07. 00.065A/ First Reading ~Ipd First Public Hearing - Ordinance No. 0-00-08 - LpC Text Amendments - ~rea.~ing Riverfront Zoning C~ssifications and Regulatior)~ - Schedule Second Re{t~ling and Se~9nd Public Hearing for 3/22/00 (Growth Maneqement Transmittal 2/29/0_g, 0-00-08 w/Zoning Distdct Regulations Attached) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, TO CREATE ZONING DISTRICTS C (CONSERVATION), CWR (COMMERCIAL WATERFRONT RESIDENTIAL) AND CR (COMMERCIAL RIVERFRONT) AS REQUIRED BY COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILI'I-Y; PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberberger opened the public headng at 0-00-08 by title. and the City Attorney read Ordinance No. Mayor Neuberger closed the public hearing at MOTION by I move to approve Ordinance No. O*00-09 and schedule the second reading and second public hearing for 3/2~00. 7 00.0661 98.020 First Reading ~l~d First Public Headng - Ordinance No, O-0..0-09 - City Wide Re, zoning - Schedule Second Reading alld Second publi~ He,ring for 3/22/00 (Grgwth Management Transmittal 2/29/00.O-00-09. City-Wide Zoning Map to Be Presented at Meeting) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY-WIDE ZONING MAP TO COMPLY WITH COMPREHENSIVE LAND USE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Neuberberger opened the public headng at O-00-06 by title. and the City Attorney read Ordinance No. Mayor Neuberger closed the public hearing at MOTION by I move to approve Ordinance No. O-00-09 and schedule the second reading and second public hearing for 3/22/00. 13. INTROD¥_CTION OF NEW BUSINESS FROM THE_PUBLIC Item that has occurred or was discovered within the pre~fous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker 14. ~)MMITTEE REP..O~TSIRECOM MI~NDATIONS Code Enforcemel~t Board (City Clerk Transmittal 3/1/2000, Applications, Member List, Ad) 1, Interview Applicants, Unless Waived, and Appoint as Follows: a. Subcontractor Position - Term to Expire 2/1/2003 b, Businessman Position - Term to Expire 3/1/2003 c, Regular Member Position - Term to Expire 3/1/2003 MOTION by I move to appoint Alan Schofield to the subcontractor position with term to expire February 1,2003. MOTION by I move to appoint Elizabeth Griffin-Brauer to the businessman position with term to expire March 1,2003 MOTION by I move to appoint Adrina Davis to the regular member position with term to expire March 1, 2003. 10 15. OLD BUSINESS - None 16. NEW BUSINESS 00.065B/ 99.188 Proposed .Land Development C~d~ .Revision Report (Growth Management Transmitta. l ?,,~9/00. Proposed LDC and Zoning Map to Be Pre~ented at Meeting) The Growth Management gave an update on the proposed Land Development Code revision. 11 00.068 Sebastian Panthers Request for Rental Fee Waiver for Use of CQmmunity Center for Fundraiser Dance on_3/25/00 - 6 pm to 9 pm (City Qlerk Transmittal 2/'Z5/00.5/25/94 IVl~nql;es Excerpt. Al~l;)lication. Panther~ Letter. R-98-43) P,e~91ution No, R-00-13 Autho[i~ir~g City Manager to Apply. for Flodda inland Navigation Waterways Assistance Proaram Grant - Phase I Iral;)rov~ment to Former Good Guy~.Pr0perty (City Manager Trans01~tal 2/29/00. R-00-13. Prol;)9~ed Site Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A WATERWAYS ASSISTANCE PROGRAM GRANT FROM THE FLORIDA INLAND NAVIGATION DISTRICT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the revised Resolution No. R-00-13 by title. MOTION by I move to approve Resolution R-00-13 authorizing the City Manager to apply for a Waterways Assistant Program Grant from the Florida Inland Navigation District for Phase I improvements to the former Good Guys, Inc. property located on the riverfront. 13 00.069/ ,Authcrize City Manager to Execute Certification of Acceptance/Local Law Enforcgment Grant I~.rogram in the Amount o~ $8,423 (City Manager Transmittal 2/29/00, Subgrant Award Certil~gete) MOTION by I move to authorize the City Manager to execute the Deepartment of Community Affairs Certification of Acceptance/request for Payment of Subgrant Award, in the subgrant amount of $8,423 for the Sebastian Police Department Records Management Enhancement Program. ]4 Resolution No. R-00-14 -Vacating a Portion of Plat of Sebe_stian Highlands Units 11, 16 and 17 (Growth_~nagement Transmitt_aj[, R-00-14. Legal Descrip~0n) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A PLAT KNOWN AS UNITS 11, 16AND 17 SEBASTIAN HIGHLANDS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. MOTION by I move to adopt Resolution R-00-14 and transmit a certified copy to County officials in accordance with law. 17. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH 8, 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 often minutes per speaker (R-99-21) 1. CALL TO ORDER PLEDGE OF ALLEGIANCE MOMENT OF SILENCE ROLl. CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R.99-21) PROCI,~M~TIONS., ANNOUNCEMENTS AND/OR PRESENTATIONS 00.061 1 A. Proclamation - Indian River County 75th Anniversary - Accepted by County Commissioner Ruth Stanbddge 00.062 ?. B. Presentation by Eula Robinson, Partnership Specialist, US Census Bureau - Census 2000 CITY ATTORNE'~ MATTERS. CITY MANAG.F,R~ MA'I-FERS CiTY CLERK MATTERS 10. CITY COUNCIL MATTER~ 11. 3-14 00.063 15-19 00.064 21-22 12. 00.054A 23-41 00.054B 43-58 A. Mr. Majcher B. Mayor Neuberger C. Mr. Barczyk D. Mr. Barnes E. Mr. Bishop 9ON~NT AGENDA All items on the consent agenda are considered murine and wffl be enacted by one motion. There will be no separate discussion of consent agenda itern~ unless a member of City Council so request&' in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2J23/00 Regular Meeting Prena Community Center Request - 4/8/00 6 pm to 10 pm - A/B - Security Paid - Age Verified (City Clerk Transmittal 2/18~00, Application) Sebastian River Ministerial Association Riverview Park Request - Easter Sunrise Service - 4/23/00 6 am to 8 am - Bleachers and Electricity (City Clerk Transmittal 2/22/00. Thomas Letter) PUBLIC HEARINg. Procedures for publlc heatfngs: (R-99-21) · Mayor Opens Hea/fng · Attomey Reads Ordinance or Resolu#on · Staff Presentation · Pubic Input. Unit of Ten Minutes Per Speaker . Staff Summation · Mayor Closes Haa~fng · Counc~ Ac~on Anyone V~shlng to Speak is Asked to Sign Up before the Meeting, When Called go to the Poc~um and State His or Her Name forthe Record PSIbJJ9 Hearing and Adg. l~tion of Ordinance No, O-0_Q-06 - Ameritrend Homes. Inc. Small Scale Comprehensi~/e_L~pd Use Plan Ame[}drlnent (Growth Man~_q_ement Director Transmittal 3/Ii.00,,_ O- 00-06. Application~l, ocafion Map, ,~Ltaff I~port. P & Z Recommendation) AN ORDINANCE OF THE CiTY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHEN$1V~ 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. (1st Reading 2/23/00, Advertised Legal 2/22/00, Letters 2/22/00) Public He,ring and AdopUoll of Ordinance No, 0-00_-07 Ameritrend Rezoning (Growth Nl[~l~eqe~ent Director T[ensmittal 3/1/00.0-00-07, Application. Location Map. Staff Report, P & Z Recommendal;j.on.} THIS HEARING IS QUASI-JUDICIAL (see back of agenda for procedures) 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. (1st Reading ?_/23/00, Advertised Legal 2/22/00, Letters 2/22/00) 2 00.085A/ 98.020 5~-71 00.0661 98.020 73-77 13. 14. 00.067 79-89 15. 16. 00.065B/ 99.188 91 00.068 93-102 00.016 103-107 00.069/ 99.219 108-136 Co First RCadit~g and Fi.r~t public Headng - Ordinance No. q)-gq-08 - LDC Text Amendments - Creatit~g Riverfront Zoning Cla.~siflcations and Regulations - Schedule Second Reading and · ~eco_nd Public Hea_fipc/fo[ 3/22/00 (Growth Management Transmittal 2/29/00.0-00-08 w/~oning Distdct Regulations Attached) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, TO CREATE ZONING DISTRICTS C (CONSERVATION), CWR (COMMERCIAL WATERFRONT RESIDENTIAL) AND CR (COMMERCIAL RiVERFRONT) AS REQUIRED BY COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILI'I-Y; PROVIDING FOR AN EFFECTIVE DATE. (Advertised Display 3/1/00) ~irst Reading and First Pub[[(: H~aripg- Ordinance_No. O-00-09 - City Wide Rezoning - Schedule Second Reading and Second P~Jblic_ He~Jp_(Z for 3/22/00 (Growth IV]anagement Transmittal ~,,/29/00. O-O0_-09LCity-Wide ;~oning Map to Be Presepte_d at Meeting) AN ORDINANCE OF THE CITY OF SEBASTiAN, iNDiAN RIVER COUNTY, FLORIDA, AMENDING THE CITY-WIDE ZONING MAP TO COMPLY WITH COMPREHENSIVE LAND USE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIMTY; PROVIDING FOR AN EFFECTIVE DATE. (Advertised Display 3/1/00) INTROI~UCTION OF NEW .I~USINESS FROM THE PUBLIC item that has occurred or was discovered within the pre~fous six months which is not othem/ise on the agenda - s~gn-up required - #mit of ten minutes for each speaker COMMITTEE REPORT~IRECOM~ENDATIONS Code Enforcement Board '- (City Clerk Transmittal 3/1/2000, Applications, Member List, Ad) 1. Interview Applicants, Unless Waived, and Appoint as Follows: a. Subcontractor Position - Term to Expire 2/1/2003 b. Businessman Position - Term to Expire 3/1/2003 c. Regular Member Position - Term to Expire 3/1/2003 _OLD BUSINESS - None NEW BUSINESS Ao Proposed Land Development Code Revision Report (Growth Management Transmittal 2/29/00, Proposed LDC and Zoning Map to Be Presented at Meeting) Sebastian Panthers Request for Rental Fee Waiver for Use of Community Center for Fundraiser Dance on 3/25/00 - 6 pm to 9 pm (City Clerk Transmittal 2_/25/00, 5/25/94 Minutes Excerpt, Application, Panthers Letter, R-98-43) Resolution No. R-00-13 Authorizing City Manager to Apply for Florida Inland Navigation District Waterways Assistance Program Grant - Phase I Improvement to Former Good Guys Property (City Manager Transmittal 2/29/00, R*00-13, Proposed Site Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A WATERWAYS ASSISTANCE PROGRAM GRANT FROM THE FLORIDA INLAND NAVIGATION DISTRICT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Authorize City Manager to Execute Certification of Acceptance/Local Law Enforcement Grant Program in the Amount of $8,423 (City Manager Transmittal 2/29/00, Subgrant Award Certificate) 00.038 E. 137-150 Resolution No. R-00-14 - Vacating a Portion of Plat of Sebastian Highlands Units 11, 16 and 17 (Growth Management Transmittal, R-00-14, Legal Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A PLAT KNOWN AS UNITS 11, 16AND 17 SEBASTIAN HIGHLANDS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 17. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one haff 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 A T THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABIUTIES 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. Hearfng Assistance Headphones are Available in the Council Chambers for all Government Meetings. 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 PROCEDURES FOR QUASI.JUDICIAL HEARINGS IN ACCORDANCE WITH RESOLUTION NO. R.99-12 A. Swearinq of witnesee~. Any person presenting factual information to theTribunal during the hearing shall be sworn. The administration of the oath or afflmlalk3n shall be done by the Clerk of the Tribunal on the record at the time the person comes to the podium. Citizens wishing to merely express an opinion in favor or opposi~k3n to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant's position, need not be swom. B. ,4drniesibiltv of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine if any evidence sought to be ~ is inadmissible. This ~ may be ove~-ruled by a majodty of the Tdbunal upon a motion by any member thereof. Otherwise, the Presiding Officer of the Tribunal shall for the record receive any evidence presented and the same shall be maintained in the custody of the City Clerk. C. Time I~imitations. The traditional practices of the Chair in presiding over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the Tribunal by majority vote may set limits on the length of presentations and the number of witnesses on a cass-by-case basis. D. Disclosure of Ex-Parte C, op'~nunicatJon. At the time l~e Presiding Officer opens the headng, members of the Tdbunal shall disclose ex-paRe communications in accordance with law. Order of Presentation.Alter the Presiding Officer opens the hearing, the matter shall proceed in the following order: 2. 3. 4. 5. 6. 7. 8. 9. The applicant or his agent shall make a presentation in favor of the request. The staff shall I~esent its tradings and analysis. The Tribunal shall ask questions of the applicant and staff as it sees f'~. The floor shall be opened to anyone in favor of the request who wishes to speak or ask questions. The floor shall be opened to anyone opposed to the request who wishes to speak or ask questions. The applicant is provided an opportunity to respond to any of the issues raised by staff or the public. Staff is provided an opportunity to summarize its position. The Tribunal deliberates the request, asking such questions as it sees ~. The Presiding Officer then entertains a motion and the Tribunal acts. ~ APPLICATION. Due to the evolving nature of this area of the isw, these procedures shall be utilized in the conduct of hearings on matters that are determined to be quasi-judicial under the laws of the State of Florida, , , (.'I;'I.'I:'IIR..I 1'1~'¢; · WHEREAS, the ctt~zens of rite land that lay tn the northern Part"of a very long county called St. Lucie, wished to govern .themse!¥es' independe.ntly; and '.. ':. -' "'" WltEREAS, the City of Sebastian was founded· in 1882 a~ Newhaven and became Sebastian in.1884; and . . .... :..,.... .::, .... · ': WHEREAS, many of..the c~.t~zens:0f.Se.b.a~t~an~ and. the area surrounding Sebastian wi~re fisherm~.who"'enjoyed the boun~::Of, ie$~urces of the Indian': · .-..-.WHEREAS.,- m 1925, the ·Tom.of Sebastian became.the.:C~ty. Sebastian' andjoined'with'the~citizens'of, the City of ..V, e~:6 Beach.'~d:th~ City of Fellsmere:and'0th~'~0'rnn~unities'to reqU'~st.'the St~'it~}6f. Flori~la,t~!crea'te~'ii .,.:". ' ' NOW.THEREFORE, 'I, Chuck..Neuberger, by..mrtue of the authOrity vested in me~aS'Mayor of the City of Sebastian;. Flo~d~;"'doihereb~'t~r6claim that the citiZens,of S.e. ba,tian'and _/~isitor~i.~:~l%r, ati~ 'Indian myer county'during. the Monthi~of'March'an'd, 2000 from .10:00~AM'to:4:00 PM in Pocahontas parl(in · . iN WITNESS.WI-IEREOF,'I have hereunto set my hand and affixed'the ~eal of tim City'of Sebastian, Indian River. Cohnty,' Florida this 8th',day'6f. ,M..arch, .~. · .. . . , . .: ~. . ,.,. Attest: Katln'yn M. O'Halloran City Clerk ........ : ~ , '" .. ..,' :. ,- ...,..~.,/. :...,.... " ">'~;.i ' .;. ., ,, :,~, , ! ',-' . -.,. 2. 3. 4. DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 23, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 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 Courtcil Present: Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Walter Barnes Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. Staff 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, Chds 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 MODE]CAT_IONS {ADDITIONS AND~OR DI~I.ETIONS) items not on the written agenda may be added only ~pon a mnajority 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. p_I~OCLAMATIONS. ANNOUNCF. M.~,_N._TS_~.ND~OR PRESI~NTATIONS A. Proclamation - Florida Citizenship and Ireade. r~hip Day - Requested by Florida League of Cities Mayor Neuberger read the proclamation. Deborah BradleyLCPA - Hoyman. Dobson & Cqmpany. PA - Presentation of City g[ S~bastian c°mpreheqsive Apnual Financial Repo~ for Year Ended September 30.1999 (A~dit Report~ 0isUZu_ted Under Separate Cover) Deborah Bradley, CPA, Hoyman, DobsOn-& Company, presented the Annual Financial Report. Ted Moo_reheadLChairman, 113dial1 RiveI Lagoon Scenic Highway Corridor Management Entity Agreement Pre~e!~tal~o~l - Aqtho_dze City Mana(]_er to Enter Into Corddor Management Agreement with Marine Resources Cqulpcil and Other Member Entities (City. Manager T~ansmittal 2/14/00. Moorehead Letter) i Ted Moorehead, Indian River Lagoon SCenic Highway Corridor Advocacy Group, thanked City Council for its endorsement of the application to FDOT. He requested approval of the Corridor Management Entity Agreement, appoinl~ent of one city staff member or elected official and one citizen, designation of US 1 within the ci~ 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 Advocady group will conduct a meeting in City Council Chambers on Thursday, February 23, 2000. MOTION by BarczykJMajcher '1 move to authorize the City Manager to enter into a corridor management entity agreement with Marine Resources Council and other member entities to form a corridor management entity for the Indian River Lagoon Scenic Highways.' ROLL CALL: MOTION CARRIED 5-0 Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Regular City Council Meeling February 23, 2000 Page Three DRAFT old D. 75th Anniversary Committee Presentation 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/Bames '1 make a mol~on 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 $1000. ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr, Majcher - aye Mayor Neuberger - aye MOTION CARRIED 5-0 7. CiTY A'I-rORNEY MA'I-TEI~$ · Reported on the March 15, 2000 Code Enforcement Board workshop on proposed fines. CITY NI~J~GER 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, no~ng the FDLE will work with the C~ to evaluate administrative procedures. 9. CITY C L E[R K~A'['T E R.~ 10, None. CITY_ COUNCIL MATTERS A. Mr, Bishql;) None. B. My,.IVjaicher Reported that people have called regarding whether there is any policy prohibiting smoking in public parks. The City Attorney suggested he bdng back a park policy which was previously addressed but never adopted and Council concurred. Regular City Council MeelJng February 23, 2000 Page Four DRAFT 00.046/ 99.120 00.047 0O.048 00.049 00.050 11. C. MaYor Neuberqer · Inquired about the Robert Taylor code~nforcement issue, and the City Attorney responded Mr. Taylor's property is on a list of properties for which the City has taken foreclosure action. D. Mr. Barczyk · Reported on the response to the TreasUre Coast Regional Planning Council survey. · Inquired about the Delmonte Street building height problem. The City Manager responded that there can be 'not to exceed" language incorporated 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. CONSENT AGENDA i All item$ on Elto col~.~,ent agenda are considered routine and Will be enacted b'y one rno#on. There will be no separate discussion of Fonsent agenda items unless a rnember of City Counc~ sO requss~' in which event, the item will be removed and acted uPOn separately. A. Approval of Minutes - 2/9/00 Regular Mee. Ung B. 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 Transmiltal 2/9/00, Craft Club Letter) i C. March of Dimes - Request for Use of RiVerview Park as Start/Finish Point for Walk Amedca Waik-A-Thon w/Electricity on 4/1/2000 -~ 7 am to 10:30 am (City Manager Transmittal 2/11/2000, Bassoff Letter) D. Sebastian River Area Chamber of Com~nerce - 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) E. Lions Club 4th of July Celebration Meetihgs - 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) F. 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. Mayor Neuberger removed item B, Barc~'yk removed items D and F. MOTION by Barnes/Bishop '1'11 move to approve the conse t agenda items A, C, and 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 Hiq_h_ School Shark Band Boosters to Set Up Food Stand Dudng 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. Sebasfia..n_R~ver Area Chamber of Commerce - Request for Use of Riverview Park for Annual Business Expo 2000 - 4/8t00 - 9 am to 6 pq~ and 4/9/00 10 am to 6 Pm with Electricity and AI;)_oroDdate Street Closings as Determined by Pql. i{;e Department Mr. Barczyk questioned street closings and paying overtime for Police Officers. Scott Birthday Party- Request Use of Co~mq[~ity Center 3/11/00 - 7 PR to Midnight - R-98~43 Requires Approval for Use After 1 ! Dm Mr. Barczyk inquired as to the ages of the p_artcipants. Mr. Barcz~/k said he was certain there was going to be overtme for blocking Off streets, and tile Finance Director said overtime for police officers is $23 per hour and the Chamber would be billed for the cost. MOTION by Barczyk/Majcher "1'11 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 12. PUBLIC HEARING 00.032 A. Second Readina and Public Headng on Ordinance No. 0-00-03 - Methodology for Measuring Lot Width in Riverfront Performance Overlay District (City Attorney Transmittal 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 8:12 p,m., and the City Attorney read Ordinance No. 0-00-03 by title. Regular City Council Meeting AFT February 23, 2000 Page Six Being no input, Mayor Neuberger closed the public hearing at 8:13 p.m. MOTION by Bishop/Barczyk 'I'd move to approve Ordinance ROLL CALL: Mr. Majcher Mayor Neuberg Mr. Barczyk Mr, Barnes Mr. Bishop O-00-032 - aye - aye - aye - aye - aye 00.042 MOTION CARRIED 5-0 Second Reading and Public Headng Orc_jnance No. 0-00-04 - FY 2000 Budget Amendment (Finance_Dij'e~or T.r. ar~smittal 2/14100, 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 PROV)DED 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 bdefly reviewed the amendments. Being no input, Mayor Neuberger closed ihe public headng at 8:16 p.m. MOTION by Majcher/Barnes ~ '1 move to approve Ordinance o-L00-04 amending the fiscal year 2000 budget for the General fund, Capital Projects fund, Gol! Course fund, and Airport fund." 00_051/ ROLL CALL: MOTION CARRIED 5-0 Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher - aye - aye - aye - aye - aye ~irst Reading al~d Firs[ Public Headng o_r~ Ordinance No. O-00-05 CNK. Inc. Comprehensive_99,242 Land Use Plan Amendment- Schedule Second Reading a[~d Secopd Public Hearing. for 3/8/00 (Growth Management Transmittal 2/17100. 0-00-05. Application, Location Map. Staff Report. P & ;~ Recommendafion~ i AN ORDINANCE OF THE CITY OF SEBASTIAN, Ih DIAN 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 (LB) 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 SEVERABILFI'Y; AND PROVIDING FOR EFFECTIVE DATE. Regular City Council Meeting February 23, 2000 Page Seven DRAFT Mayor Neuberger opened the public headng 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 the 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/Barnes '1 make a molion that the Attorney just said.' ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye 13. 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 present. INTRODUCTION OF NEW I~USlNESS FROM THE PUB.[.lC Item that has occurred or was ¢~scovemd ~ the p~evfous six months which is not otherwise on the agenda - sign-up required- ~rnit of ten minutes fo~ each speaker None. 00.007 14. COMMI'I-rEE REPO R'[S~[I~ECOMMEN DATIO NS Ao Planning and ~.qping 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. MOTION by Bishop/Neuberger "1 would move to approve Jean Carbano to the alternate vacated by William Evely unexpired term to expire 111/2002." ROLL CALL: MOTION CARRIED 5-0 Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye i Regular Ci~ Council Meeting DRAFT i February 23, 2000 Page Eight MOTION by Barnes,/Majcher I ~1'11 make a motion to approve Mr. Richard S.m. ith the alternate position vacated by William I Mahoney unexpired term to expire November 1,2000. ROLL CALL: Mr. Bishop - aye ' Mr. Majcher - aye Mayor Neuberger - aye I Mr. Barczyk ~ aye Mr. Barnes I - aye MOTION CARRIED 5-0 ! I 15 OLD BUSINESS ~120~52/ A. Curt Oxford. Woodcarver~ Inc,-City W~lcome Signs Update and Status Report {No Backup) Mr. Oxford gave a brief update on the city welcome signs. TAPE II- SIDE / (8:50 p.m.) i I 90~:~3/ B.: 8kat,,l~o_al:d P_~rk 8ire Planning Worksh~p.(PWlEngineering Transmittal 2/14100) The City Manager and Parks Superintendent reported on the outcome of an informal meeting with concerned citizens regarding the proposed location of the skateboard park within the area of the existing Barber Street Sports Complex. IDiscussion took place on funding contingencies in the I event the grant is not approved, contacting Titusville relative to their abandoned skate park, and contacting Satellite Beach for informati!n on their park. . 16. I~IEW BUSINESS - I 00,054A A. First Reading 0_f Ordinar~ce No, O-00-0~ - Ameritrend Homes, Inc. 8mall Scale Comprehensive Land Use ~lan Amendment- Schedule rSecond Readincl and Public Headng for 3~8~00 (Growth I Man. age. Dent Dire_cto.[]'[i~tl_s~L?../:l_7/00, O-00-~6, Applicatioq, L°ca~tion MaD. Staff Report~p & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL SCALE I AMENDMENT TO 'rilE COMPREHENSIVE PLAN ~HiCH 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 $OUTHVVEST OF WlMBROW DRIVE; AUTHORIZING FINDINGS AND ADMINISTRATIVEpRoViDiNG FOR EFFECTIvEACTIONS DATE.THERETO; PROVIDING FOR CONFLICTS; PROV D NG FOR SEVERABIUTY', AND I The City Attorney read Ordinance No. 0-00-06 by title, I The Growth Management Director gave the staff report. MOTION. ,b,y Barnes/Majcher i I II make a motion to approve tl~e first readin.g of Ordinance 0-00-06 and schedule the I second reading and public heating for March the 8th. I 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. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 I~imt Reading of Or(j.i0ance No.O-00-07 Ameritrend Rezoning - Schedule Second Reading and Qqasi-Judicial Public Headng for 3/8/00 (G. Eq~h_Maoa(~ement Director Transmittal 2/17/00, O- 00-07._Application. Location Map. Staff Report. 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-00-07 by title. The Growth Management Director' recommended approval. MOTION by Bishop/Barnes "1 would move to approve Ordinan'ce 0-00-07 on first reading and schedule a quasi-judicial public headng 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 Authodz~e Release of Bond (Certificate of Deposit) to Richard Fey for Mulchina Operation (City Manager Tmn%mittal 2/15/00. Fey 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 pdor activity on this mine. He said staff feels that the bond 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." 9 PageFebruaryRegular City Council MeetingTen 23, 2000 ROLL CALL: ili B~~inCco~i !!ii D~AFT MOTION CARRIED 5-0 00.056 D., Bid Award and Autho~e C~ Manager to Execute Contrac] with M,D. U~Ji~ Contractors for. Culve~ Re~lacemen~in ~e Amount o~$118,6~0 (Engineering Transmi~al ~/00, Bid Tabulation) MOTION ~y Barne~ar~k '1 II make a mo~n to approve the bid award and authorize the Ci~ Manager to execute a con~a~ to M.D. Ufil~ ConEa~om, for dulve~ replacements in the amount of $118,6202 Mr. Bishop requested more documenta~on on project Rems such as this. ROLL CALL: Mr. Barnes ; - aye .. Mr. B~hop - aye Mr. Majcher ~ - aye Mayor Neuberger - nay ~.Barc~k ~ - -nay MOTION CARRIED ~2 (Neuberger, Ba~c~k - nay) 00.057A E. Authorize C~ Manager ~ Execute Stat~ °f Florida Depa~ment of Transpo~afion Public Tra~spo~afion Joint Pa~fion Aqree~ept - State Funding Share Amount $~40~[~ for Air~o~ Master Plan U~ate -~opt Resolution Ho. R-00-12 (C~ Manager Transmi~al ~4/00.' FDOT A RESOLU~ON OF ~E C~ OF SE~S~N, IN~N RIVER COUNt, FLORIDA, AUTHORIZING THE CI~ ~NAGER TO EXECUTE THE STA~ OF FLORIDA DEP~RTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPA~ON AGRE~ FOR ~E SE~S~AN MUNICIPAL AIRPORT ~STER P~N UPDATE' PROVIDING FOR CONFLICTS; AND PRO~DING FOR AN EFFECTIVE DATE. ' The C~ Manager bde~ d~cfibed ~e f~nding agreement. MOTIO~ by Majcher~n~ I make a mo~n to move to aut3odze the Ci~ Manager to execute the State of Florida Depa~ent of Trans~6on Public Transpo~afion Joint Pa~cipa~on Agreement be~een the State of Flora Depa~ent of Transpo~a~on and the C~ of Sebastian with the State s funding share amounting to ~40,000 for ~e Seaasfian ~rpo~ Master Plan U~ate." ROLL'CALL: Mr. Bishop - aye ~. Majcher - aye Mayer Neuberg ~r * aye Mr. Barc~k - aye Mr. Barnes - aye MOTION CARRIED ~ Regular City Council Meeting February 23, 2000 Page Eleven DRAFT OQO57B F. Approve Ral~k Order for Airport Consultants and Authorize Staff to Begin Negotiations as Recommended (Purchase and Contract Administrator Tr~Jnsmittal 2/15/00, RFQ Point Tabulation Summ.ary) The City Manager bdefly explained the ranking process. TAPE II ~ SIDE ii (9:35 p.m.) 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-00,.1_1 - Sublea~;e_of Golf Course Land_to City for Public Works Use (City Manager Transmittal ~17/00_, R-00-11, Subleas~ 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. Al~orove City Manager Attendance at Florida City and Counb/Management Association ~CCMA) 4th Annual Conference - Ponte Vedra. FI. - May 24-27, 2000 (CS Manager Transmittal MOTION by Barnes/Barc~k "1'11 move to approve the City Manager attendance at the Florida City and County Management Association." 11 Regular City Council Meeting February 23, 2000 ~.~~ Page Twelve ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop ~ - aye Mr. Majcher i - aye Mayor Neuberger - aye MOTION CARRIED 5-0 00.060 I. AI;)l~[ove Cl~epg~ Orql~[ ~! with Asphalt !R_egycling fol' Concrete Curbs for Schumann Drive ReconstruCtion in the Amount of $58,419 ~.Citv Engineer Transmittal 2/16/00, Change Order3 MOTION~ ,b,,y BarnesJBishop I il move to approve Change Order #1 with Asphalt Recycling for $58,410. ROLL CALL: Mr. Barnes i - aye ' Mr. Bishop ! - aye Mr. Uajcher j - aye Mayor Neuber~er -nay , Mr. Barczyk i - aye MOTION CARRIED 4-1 (Neuberger - nay) 17, Being no further business, Mayor Neuberger adjourned the Regular Meeting at 9:55 p,m. I I City of Sebastian 1225 Main Street Sebastian, Florida 32958 Telephone (561) 589-5330 FAX (561) 589-5570 Subject: Request for Use of Community Center Agmda No. ~)~)' Exhibits: Application dated 2/18/00 Expenditure Required: I Amount Budgeted: SUMMARY STATEMENT Appropriation Required:,. An application has been received from Jerd Prena, requesting use of the Community Center on April 8, 2000 from 6:00 P.M. to 10:00 P.M. for a 50'~ Wedding Anniversary Celebration. As required by R-98-43, Section I(B) (copy attached), the applicant is requesting permission to serve alcohol at the event and proof of legal age has been confirmed. The security deposit has been paid. She anticipates an attendance of 75-100 and has completed the proper forms for the extra duty police officer services. RECOMMENDED ACTION Consider the request and act accordingly. RENTAL PERMIT APPLICATION DATE: ~'/~/~ ~ COMMUNITY CENTER ~'~ YACHT CLUB NAME OF PERMI'I-I'EE: /P'/~'/"'~/~;~ ADDRESS OF P~MI~EE: ~ , No Street City PHONE~. ~ , , ~ - ~ILINGADDRESS ~ .. . ~ .... .- NAME OF GROUP OR ORGANI~TION: ~ R~SONFORRENTAN ~ ~ ~ U "~ D ~ /' ~ ~ ~ ~' ~ : ~ ' ANTICIPATED NUMBER OF PERSONS A~ENDING ~NT: ~- ~-/~ · ~ ~n 7S a~ ~ ~ ~ o~ ~ ~y ~ ~uir~ ~) . , ~ O~ce Use FEE REQUESTED DATE: ~~ ~ ~ TIME: From: ~ .',~'To: / ~; ~ ~?~ Only $ ~,~ PL~SE ANSWER ~8 OR NO: 1 ARE KITCHEN FACILITIES REQUIRED~ ~ ~ 2. ARE YOU A RESIDE~ OF SEBAST~N? . ~ ~ 3. WILL DECOCTIONS BE P~ UP? ' ' ~/ ~ Total ....... 4. WI~ THERE BE AN ADMISSION OR DOOR C~RGE? ~ &; T~ 5. WILL ALCOHOLIC B~E~GES BE SERVED? }/~'~ .~ Total ........ (a) If an~er to ~ is Y~, Pe~i,ee's proof of Age: //,~ / ~-~/~ ~ ' present, to ~undl on: /~~., ~, ~ ,, (b) If al~hol is to ~ ~, ~ion i~ ~uired by C~ Council. Your reque~ will be Make ~ec~ payable to C~ of Seba~ian (A se~i~ or $1, whichever is greater, may / fee of 5% 0.00 ~a~ed for a dishono~ ~eck per City Resolution No. R-~I) OFFICE USE ONLY DATE PAID RECEIPT NO. INItiaLS SECURI~ DEPOSIT ........ $250.00 ~-/~' ~ ~ 7% T~ ALCOHOL BEVE~GE REQUEST ~ APPRO~D ~ DISAPPROVED Poli~ Depa~ment Agreement Ve~fied Of appli~ble) Date Key Pickup Date: Key Returned Date: SECURI~ DEPOSit R~URNED BY CI~ CHECK ~ FOR $ ON: COMMENTS: TO RENTERS OF SEBASTIAN COMMUNITY ~ENTER OR YACHT CLUB: A deposit of two-hundred fffb/dollars ($250.00) fo( cleanup must be made with the application. This deposit is refundable if'the building is leR elea~ and undamaged by permittee. If cleaning or repair is necessary by City employees, ithis deposit or a portion of the deposit shall be forfeited, based on information supplied by the SUperintendent of buildings. ' I ~ · Kathryn M. O Halloran, CMC/AAE //~Z City Clerk _~ (/~,J.~/~_,(~-~~~ , permitte~, for said premises, have read the rental rules "~/r~lafions an~ agree to aH the conditions listed. Furthermore, I understand that neglecting to [9lean the premises immediately, a~erward will re~ tlt in forfeiture, in part or full, of the security ·-;deposit. RESOLUTION NO. ~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COU'NTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR USE OF SUCH FACILITIES; PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING ~ USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACI'WITIF~; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ~t'I-~E~ l]~ City of Se~astJall ow~ aI~ mzlntnln~: a Yacht Club and a Community Center for the use and benefit of its citize~ and a City Council Chamba's for the operation of City government; and WHEREAS, th~ prca~gatioa of rides ofc~admt and Iaocedum will promote the goneral health, safety . and welfare of those persous utilizing such facilities; and ... WHJE~, the City Council deems it rax~sary to impose certain fees for the usc of certain facilities in order to deft'ay the cost of maintenance and repair. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. RULES AND REGULATIONS: Th~ City Council hereby adopts the following rules and regulations for the use of the Sebastian Community Centrr and the Sebastian Yacht Club. A. An application for a pc~xnit to us¢ the Community Canta' or the Yacht Club must be completed on forms provided for such purpose by the City Clerk An application for a permit must be received by the City Clerk at least two weeks prior to the date of the mqm:sted use. f"'~"~-' B. The City Clerk shall issue a ~ permit upon a determination that tl~ requested use is permissible pursuant to this Resolution and all fccs have be~n paid. In the ~vcnt that the proposed use may includ~ ac~vitics involving gnmbling, alcoholic b~erag~, th~ us~ ora facility afar 11:00 p.m., or if an admission charge is to be assessed, then the Ci.ty Clerk shall not issue a usc pcrmk until directed to do so by the City Council. i City of Sebastian 1225 Main Street Sebastian, Florida 32958 Telephone (561) 589-5330 FAX (561) 589-5570 Subject: Use of Rivcrview Park for Easter Sunrise Services E:~hibits: Letter from Dr. Ronald D. Thomas, Sr. Dated 2/17/00 Expenditure Required: [ Amount Budgeted: Department Origin: City Clerk Date Submitted.' 2/22/00 For Agenda of: 3/8/00 Appropriation Required: SUMMARY STATEMENT The Sebastian River Ministerial Association is requesting the use of Riverview Park for the annual Easter Sunrise Services on Sunday, April 23, 2000 from 6:00 AM to 8:00 AM. They are requesting that the bleachers be set up for the services and the use of electricity. RECOMMENDED ACTION Consider the request and act accordingly. UNi WED ~ ~ i ~ Main $~eet~ Louisiana Avenue ~ SebaStian, Florida I CHURCi ' I' ' Church (S61) $89-e'-~30 I ~O. Box 780328 i Thri~ Shop (561) 388-0405 I Sebastian, Florida 32978 Parsonage (561) 589-4458 February 17, 2000 Ci=y of M~oastian ! I 1225 Mai~ Street Seba$~ian,'FL 32958 ATTENTION: TerranceMoora, Cl:yMamager I 0n behalf of ~he Sebas~aa River ~s~al ~=octa~iom, ~ respec~fulAyreques~ ~he use of the ~ve~iew ~ark sa=e~o facility for ou~ anmual Easter Sunrise I s~vlce o~ Sugary, ~il 23, ~000 f~s ~:00 ~ ~o 8:00 ~. I We would mp~re¢iata your ~kimg arzamgeaem~ to have t~ ~e~s of bleacl~rs set I up facim~ the river om the west side of the~gazeboa~ Also, ~f ~ou wou~d pl. aase ~e ~ure ~a ~aw electricity a~ t~e outl~= ~ t~at area. Comfi~ati~m im~itlm8 at your earliest c:,avemiemce would allow us am;~Je (ime I to ~eg~n g~annim~ our promotiom~ ~ ' I Thank you for you~ Cooperation in.king ~h~s popular and worthwhile uc, as~on I availabl, to all of =he people of th. grea~'r Sebas=ian Rlv.r area. I I I City of Sebastian, Florida Subject: Second reading and public hearing 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. ~F.). 0 '5-~'A Department Origin: _Q~;owth Management Date Submitted: March 01, 2000 For Agenda of.' March 08, 2000 Approv,e~Su~ittal by://~~ . Exhibits: O-'"~0-06, Appli{:ation for Comprehensive Land Use Change, Location Map, Staff Report and P&Z recommendation. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: 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 fi-ont 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. RECOMMENDED ACTION Hold a public hearing and move to adopt Ordinance No. 0-00-06. i ORDINANCE NO. 0-00-06 I AN ORDINANCE OF Tl~E CITY OF SEBASTIAN, INDIAN RIVER I COUNTY, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO CG (COMMERCIAL I GENERAL) FROM C-512 (COMMERCIAL 512) FOR LAND CONSISTING OF 7.57 ACRES,~MORE OR LESS, LYING SOUTHEAST OF FELLSMERE ROAD AND SOUTHWEST OF I WIN-BROW DRIVE; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR sEVERABILITY; AND PROVIDING i FOR EFFECTIVE DATE. i WHEREAS, the City Council has c~nsidered the application of Ameritrend .. i Homes, Inc., for a small scale amendment, to cl~ange the land use for certain property, as reflected on the Future Land Use Map from C-512 (Commercial 512) to CG (Commercial I General); and . ', WHEREAS, the application qualifies aS a small scale amendment under Florida I Statutes Section 163.3187 (1) (c); and ! _ WHEREAS, the City Council has considered the criteria identified in Section I 20A-11.8(c) of the Land Development Code and Florida Statutes Section 163.3187(1)(c) together with the findings and recommendation~ of its staff and the Planning and Zoning I Commission; and WHEREAS, the City Council has proVided notice of the proposed small scale I Plan Amendment and has conducted a final publii heating to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the I existing Comprehensive Land Use Plan together with the recommended findings of its I staff, and WHEREAS, the City Council has detemained that the proposed changes in the City Comprehensive Land Use Plan, as set forth' in the small scale amendment application, I are consistent with the existing comprehensive l¢lan and the future development goals of I the City of Sebastian. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. -QUALIFICATION AS SlVlALL SCALE AMENDMENT. The application for a Comprehensive Plan amendment filed by Ameritrend Homes, Inc., qualifies as a small scale amendment under Florida Statute Section 163.3187 (1) (c). Section 2. AFFECTED PROPERTY. Th~ 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: Tract "A", Sebastian Highlands Unit 14, as recorded in Plat Book 8, Page 433, 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 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. NOTIItlCATION. 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. SEVERABIL1TY. 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 anc 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 b~ Florida Statute 163.3187(3)(c). 1 · The foregoing Ordinance was moved for ~doption by Councilmember . The motion was seconded!by Councilmember and, upon being put to a v!te, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes i Councilmember Ben A. Bishop Councilmember Edward J. majchet, Jr. The Mayor thereupon declared this Ordinfince duly passed and adopted this day of ,2000. CITY OF SEBASTIAN, FLORIDA By: Chuck Neuberger, MaYor ATTEST: 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 Application ,~pplicant Address: :hone Numbe¢. Permit Apglicadon No. (If not owner, wrftten amhoriz2tian (notarized) from owner is required) FAX Number:. ( ) - l-Maih i~. _wner (If different from applicant) fame: -. Address: ihoneNumbe~ ( ) FA~X ~ ) _ Number. ( I'Ma~l: ~ '--.~ PL~SE COMPL~E ONLY THOSE SEC~i~i .~,j~r~¢~R ~ PERMIT uR AC~ON ~AT YOU AR  GP~ES Q¢ ALL ~PS, SURV~¢S, BRAWINGS, ETC. SHALL ~E A~ACNED AN0 8i/~' 8Y 1 ~ COPIES OF ANY HALL BE INGLUOEO. A~ACH TH~ APPROPRIATE SUPPLEM~AL INFQR.~QN FORM. A. Proje~'s Name (if applicable); ~ B. Site Info.etlon at: · Block: UnR: Subdivision; di~n River Coun~ Pe~I ~ Z~ning cl~ifi~tion: Futu~ ~nd Use: xi~ing Use: p~osed Us~: ~ ~ - 2.~ . g~c~pdan of proposed ~miu~y and pu~ose of the ~qu~ed pe~ or amman (~ch e~ shee~ j Oeve/opment Perrnit Application No. ID. Proiect Personnel- Agent: Name: Address Phone Number:. Name: Address Phone Number:. ( ) E-Mail: FAX Nt;mber: ( Eng[neen Name: Addra~ i' - Phone Numbe~ ( ) - F~ N~mben ( ) E-Mail: Surveyor: Phone NumbeE I, ~'Au~' ~ VC-,t~gl~/-T .BeNa~RSTOULYSWORm AM'~E ~GAL R~RES~A~E OF ~E OWNER OF %HE pROP~¢ APPUCA~ON, AND ~T A~ ~E INFORN~ON, ~PS, OATA ANO/, ACCU~ AND ~UE TO ~E BEST OF ~ ~OW~G~ AND BEWEF. SiG~ WHO IS PERSONA~y ~IOWN TO ME OR PR~U~ED NOTARY'S .~IGNATURE PRINTED NAME OF NOTARY ~/27/97 '~.=(3.~E ANO SAY TrA'~, J AM ~ OWN~ ~ Pa~je 2 of 3 I I I I I I i I I I i I i Permit: Appiic~d~n Ne. IThe foliawing is required far all comprehensive plan amendrnent~ zoning amendment including rezaning), site plans~ conditional use permit% special use permits~ Yariance~, except~ans~ and appeals. / PRQMIS~ ~0~, 8Y ANY ~MPLO~, AG~T, CON~CTOR OR OF~C~L OF THE Ci~ OF SESAS~N. ho is personally knowr~to me or pr.~duced as identification, this "-q day of ~otae/s Signature ~dnte~ blame of Nota~ '7cmmis~ion No./~xpiraticn K~LLY S. ~;LLEN ' ~ ~ A"~ { ] ~ I.D. OA TE / P~qe 3 cf 3 I Oeve/ogmen¢ Appl[¢~t./orl I F~ie Name: Sca "' Perm,!t Application No. Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADOITIONAL PAGES IF NECESSARY. / 1. Current land use map designation: v" 2. Proposed land use map designation: i ~ ~ --7 ~ .~-~ ~f~ ./ 3. Size of project in acres: ~0.%'5 i~/Z6~ -- ~ / 5. Descdbe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. Is the proposed amendment consistent ~ the other elements of ~e- comprehensive plan? If not, which on~(s)? ~. Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? IForm CD-2008 , Approved: 8/27/97 Revision: ~ File Name: Sicpalu iT.' Permit ApplicaMon No. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? Is the proposed amendment compatible with the existing or future land uses of the city? If not, why not?. ~ J 9. 10. Are there adequate public facilities' to serve the proposed land use? If not, which one(s) are not adequate? Would the proposed amendment result in a significant adverse impact on the natural environment?, if so, describe the impact. Form CD-2008 Approved: 8/27/97 Page 2 of 3 Revision: iComp. Plan Amend. (Land Use) r File Name: Sicpalu . I V Permit Application No. I ,/11, Would the proposed amendment ad emely affect the property values of the area, the general health, safety and welfare 'and impact the financial I resources of the city? If so, describe how. ld¢ /3¢~'k/Lcq¢~¢' ~12 Does ,e ro osed a~endment resul~ in an orded d . . p p . Y eve~opment pa~em? If ~ ~ R - ' ' ~ 13. A~acned ~e tallowing: ~ I ¢ a. A wd~ed statement showing eac~ and ew~ individual person having legal ancot equitable owne~hip~ntere~ in ~e subje~ prope~ except I publicly held co~o~tions who~e sto~ is faded on a nationally recognbed stock exchange, in w~ich ~se ~e name and address of the ~oradon and principal execu~ve oa~rs will ~e su~denl · I ~ b. A~a~ ~ list of Se names tnd addresses of all owne~ of parcels of real ~ c. A su~ey and legal des~p~on Cf Be prope~ for whi~ ~e land use amendment is being requested, i - I I I I [FO~C~2008 [ Pa~e3of3 U~e)P. PfanAme~d. fLand~ ~ Approv~: 8/27/97 [ Revision: ~le Name: S,~Palu I I David S. Knight, P.E. Scott B. McGuire, P.E. I Tracy Haas . Director of Growth Management Department ~ City of Sebastian · 1225 Main Street . -- Sebastian, FL 32958 I RE: Re-Zoning/Land Use Amendment · For a Portion of Tract 'A' Sebastian. Highlands - Unit 14 I Dear Mr. Haas, Enclosed please f Iapplication for the above r We are proposing diverse use of the land. A whereas the CG District is Examples are: permitted ~ shops. Conditional uses; Iand lounges, storage facil The change to CC · than that allowed within th required for these uses wi within the existing C 512 [ I We propose to mt · and 160 ff in depth, to mai corridor. I We believe the pr - The change from C 5' _ Them will be no addE I - Leaving the frontage~ - The site is bordered I: consistent with all Ci~ · use permit to develop · - The site is bordered ¢ proposed CG District, I We believe the propo · designation of CG witl inc sooner, which ultimately ~ I Upon your review, pl~ .,Joseph Schulke, P.E. Knight, McGuire & Associates, Inc. Consulting Engineers and Planners 80 Royal Palm Boulevard, Suite 401 Veto Beach, Florida 32960 kma~gate.net Phone 561-569-5505 Fax 561-569-1455 December 9, 1999 Enctosed 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 District is a Commercial District with limited allowable uses; . whereas the CG District is a Commercial District that allows a more diversified range of commercial uses. Examples are: permitted uses; vehicular sales and related services, retail gasoline sales, antique/c~nsignment' shops. Conditional uses; vehicular service and maintenance, whplesale trades/services, 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 all(ywed within the C 512 designation. Traffic generated, uflT~ies 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 properties frontage, parallel to C 512 and 160 ff in depth, to maintain a designation crmsistent with the City's designations along the entire C 512 We believe the proposed amendments are consistent with the orderly development pattern, because: The change from C 512 to CG is a 'lateral' change. The similar designation cleady substantiates this. Them will be no additional impacts to public fadlities,, environment, or adjacent property owners. Leaving the frontage designation C 512 ensures that there is not an impact or change tO the corridor area. The site is bordered by Collier Creek on its rmrtheast side. This provides a natural 1130 ft buffer, which is consistent with all City Development Cede requirements for comm~dal development requiring conditional use permit to develop adjacent to residential uses (that is, to have a large buffer, typically 100 ft). The site is bordered on the south by lands designated PUD-C. This district allows the same uses as the proposed CG District, as well as some industrial 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 increase 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 conta~ me if you need any additional information or have any questions. lame~a'end~lange designation 0 ' 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 RePort Project Name: Requested Action: Project Location Ameritrend Homes inc. Land Use Change irom C-512 to CG a. Address: Tract A, Sebastian Highlands, Unit 14 b, Legal: c. Indian River County Parcel Number: Project Owner: Numerous Owners i ~- Project Agent: Project Engineer: Project Attorney: Project Description a, Ameritrend Homes, !Inc. 126 43'" Avenue Vero Beach, Floridai 32960 (561) 778-3143 ; Knight, McGuire and Associates, Inc. 80 Royal Palm Bivd, Suite 401 Vero Beach, Florida 32960 (561) 569-55055 Narrative of proposed action: The applicant is requesting a land use change for 7.57 acres of landlfrom C-512 to CG. The proposed land lies just Southwest of Wimbrow !Drive along County Road 512. The property contains 10.23 acres of la~d 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 CollierlCreek on the East, which provides a natural buffer, and Chessers Gap iPUD on the West, which allows similar uses to that allowed in the CG land fuse classification. Current Zoning: C-512 , Adjacent Properties Cu['rent Land Use FuturQ I~and Use North: East: South: West: County Road Vacant/Residential Vacant Exxon Gas Station 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: CR-512 RM-8 PUD-C PUD-C 10,23 acres Vacant Holopaw Pine, Oak, Scrub, Palm Zone X Indian River County Utilities (7) - Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent 'Indian River County Utilities Riverview Park- 1 mile Sebastian Police- 2 miles Indian River Fire - 2 miles C: Public Facilities: Consistent Housing: Consistent Coastal Management: Consistent 10. 11. Recreation and Open Space: Conservation: Consistent intergovernmental Coordination: Consistent Consistent Conformance with Code of Ordinances: Consistent Changed Conditions: 2 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 ~imilar uses and is therefore compatible with the neighboring land use classification. The maximum building coverage in thelCG district is 30%, while in the C-512 district it is 35%. Therefore, the proposed land use classification allows less intense lot coverage than the existing zor~ing classification. Both the existing and proposed zoning require a minimum o~' 20% open space and both land use classifications restrict building height to 35 f-t. There will be a negligible impact caused tpy 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 ekisting public facilities. Natural Environment: : The proposed land use change will not significantly impact the natural resources. Economic Effect:,: There will be little economic effect related to the land use change. Both the existing and proposed allow similar uses end only demand will determine the true economic effect for the City and property owners. Orderly Development: The proposed land use change is consi,, the proposed land use change provid( location of the site adjacent to a Commerc and convenient access to CR-512. ;tent with the comprehensive plan and s for orderly development given 'the '.iai PUD, availability of water and sewer Public Interest: The proposed land use change is not in c(~nflict with the public interest. Other Matters: The requested land use change and i accompanying rezoning will provide Consistency with the future land use map of the comprehensive plan. Direct access to CR-512 will minimize traffic impacts in the area. i , The proposed land use change will not lhave a greater impact on the water, wastewater, drainage or solid waste facilities 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 t~e 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. PREPARED BY DA PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUAiRY 20, 2000 .' C. PUBLIC HEARING - Recommendation to City Council - Proposed Land Use Change - Rear portion of Tract 14, Unit 14 - Ameritrend Homes, Inc. - Commercial 512 to Commerlial General ' D. PUBLIC HEARING - Recommen~dation to City coUncil - Proposed Rezoning- Rear portion of Tract 1,4, Unit 14- Amedtrend Homes, Inc.- Commercial 512 to Commercial General Chmn. Schulke declared a conflict, submitted Foi'm 813, 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 tolprepare 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. 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 I will make a recommendation that we recjommend 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'll recommend that we recommend approval to the City Council for the rezoning of rear tract 14, Unit 14, Amedtrend Homes to Commercial General. .I 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'Donnetl - yes Mr. Mahoney - yes Mr. Gerhold - yes Mr. Barrett - yes Act. Chmn. Vesia o yes The vote was 5 - 0. Motion carded. 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. DIRE.CTORS MA1-FERS.: Tracy Hass noted that 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, hut will be split at City Council level for an effective date for the ordinance because of the land use change. Chmn, Schulke adjourned the meeting at 8:07 P.M. (1/24/00 A B) i I City of Sebastian, Florida Subject: Second reading and public hearing 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. Agenda No. ~0. O~t/~ ~ Department Origin: (~rowth Management tracy E. Hass ,--~' [~ Approved/~r gnh~ittal h 'u~ Date Submitted: March 1, 2000 ~/f/~ ~...~.~For Agenda of: March 08, 2000 Exhibits: 0-00-07, Affp ~l~cation for Rezoning, Locafi~ Map, SmffRepon and P&Z recommendation. E~E~ITU~ AMO~T B~GETED: APPROP~ATION ~QUI~D: None ~QUI~D: None None 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 report 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 a public hearing and move to adopt Ordinance No. 0-00-07. CONFLICT HE~REWiTfl; PROVIDENG FOR SEVERABILITY; AND I ! WHEREAS, Ameritrend Homes, Inc., has fi!da petition for an amendment to the I Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and I conducted a public hearing to receive citizen input; ahd WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria I identified in Section 20A-11.6(C) of the Land Devel6pment Code together with the recommended findings and recommendations of its staffand Plannir/g and Zoning Commission; and · I WHEREAS, the City Council as made the f~llowing findings: A. The proposed use is consistent with the goal!, objectives and other elements o£ the I Comprehensive Land Use Plan. B. The proposed use is in conformity with the s~bstantive requirements of the City of I Sebastian Code of Ordinances, particularly tl3e Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of i Sebastian. : D. The proposed use is compatible with adjacen: land uses. I E. Adequate public facilities and services exist ir. the City to serve the proposed use and the i demand for such use will not exceed the capa city 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 TI~_.E CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: 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. this change in zoning district. Section 4. CONFLICT. hereby repealed. Section 5. 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 The official City Zoning Map shall be amended to reflect All ordinances or parts of ordinances in conflict herewith are SEVERABILITY. In the event a court of competent jurisdiction shall hold ! ! 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. ! I Section 6. EFFECTIVE DATE. FolloWing its adoption and authentication by the signatures of the presiding officer and the Clerk of tile 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 b~ Councilmember . The motion was seconded by Councilmember ! '_ and, upon being put to a vote, " I the vote was as follows: iI Mayor Chuck Neuberger Councilmember Joe Barczyk I Councilmember Walter Barnes Councilmember Ben A. Bishop -- Councilmember Edward J. Majcher, Ji' i The Mayor thereupon declared this Ordinanc! duly passed and adopted this I day of March, 2000. I CITY OF SEBASTIAN, FLORIDA ATTEST: ~Y: Chuck Neuberger, Mayor I Kathryn M. O,Hailoran, CMC/AAE '! I City Clerk Approved as to form and legality for reliance by the City of Sebastian only: 1~ ich Stringer, CitY Attorney I I City of Sebastian Development Order Application t~¢plicant Address: hone Number:. (O&l ,) ~ - ~ iW~ (If nat owner, wrftten authorization (notarized) from owner is required) FAX Number. ( ) r -Msil: ame: (if different from applicant) Address: Ihone Number. ( ) . FAX Number. ( ) r-Mail: PL-.-.-.EASE COMPL_=TE ONLY THOSE S~~YC~U ARE REQUESTING. iCGPIES OF ALL ,~tAPS, SURVEYS, ORAWING,S, ET(Z. SHALL BE ATTACH~O AND~di~2_" 8Y I 1 (ZOPIES OF ANY A"I-FA. CHMENTS ImALL B~ INCLUOEO. A ~ ~ ACH Tr~E APPROPRIA ~ ,- SUP,--L,-M~AL INFOR~tAi'ION fORM. iA. Project s Name (if applicable): lA I B. Site Information . lit_at: · Black: Unit: Subdivision; Indian River C~urrty Parcel ~. :xoning Classification: Future Land Use: i51incj Use: Proposed Use: IZ Description of proposed actJ¥i,~/and purpose of the requested permit or action (At~,~ch CD- 2QQ-I 08/27/97 F~PA'O:$ ~0 RECEIVED J Pa~e f of 3 J Oevetccmenr Applic"adcn I Revision: I ~71e Name: Dca Permit Application No. iD. Project Personneh Agent: Name: Address Phone Number. (r_.~ Attorney: Name: Phone Numbe¢. ( E-Mail: Engineer:, Name: Address Phone Number. ( ) E-Mail: Surveyor: Name: ~ ~ I -¢/~ Address Phone Number. (~-/)~2~ - ~¢~7~ E-Mail: FAX humber:. '(D~I F~ Number. ( ) + F~ N~mber. ( ) FAX NUm~en ( ~l&7 I, 6;:~Agl~ ~ ~-~-/1~.~.. .BF_jNGFtRSTDUL¥SWORN, AN' TI'IE L~GAL R~mR~SEN-FATIVE OF TI-tE OWN~.R OF l-rll~ ./I DE-~CRIBE'2 WHICH I~ THE SU~ECT ~R OF APPUCATION, AND THAT ALL THE~ INFORMA~ON, MAPS, DATA ANg~OR SF-,,-_~rCHES PROVII2E.~ IN TiHI$ APPL.ICAT~QN ARE ACCURAT~ AND TRUE TO T}'tE BEST OF ~ ~'NOWt.~ .P, GE AND BELIEF. NOTARY'S SIGNATURE PRIN~D NAME OF NOTARY I Revi~ion: Permit Application No. IThe following i= required for all comprehensive plan amendments, zoning amendment (in¢Iuding rezoning), site plans, conditional use permits,, special use permits, variances, exceptions, and appeals. I I~, , WIlE OWNE~(S) ~ ~L R~=R~S~TA~ OF ~E OWNE~ ~F   AR=/CQMMI~I~N OF ~ C~ OF ~E~S~N (THE '~OARg ~CoM~I~ION~ TO PHYS~CA~E~TE~ ANO VI~N ~E PROPE~ IN CONNEC~GN W~ ~/OUR ~DING [~E HEREBY WAIV~ ANY OBJEC~ON OR D~=~NSE i~E ~Y ~, DUE TO IPROCEEDINGS, RESOLING F~OM ANY 8OARO/C~S~ION M~MB~R ~RING OR ~NING ~NE PROPERS. INCLUDING ANY C~IM OR ASSER~ON ~AT ~/GUR ~R~EDU~L OR SUBSTA~ 0UE FRGCESS RIGHTS UNOER ~E FLORIDA C~NS~ON OR ~E ~NI~9 ~A~S CONS ~l~ ~ON WERE ~O~D 8Y SUCH ~RiNG OR VI~WING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY ANO NOT AS A .=,ESULT OF' ANY CC'~E~CION AP~I lEO' OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICLAL OF THE CITY, OF :~IGNAT'URE iSw°mt°~ndsubscdbedbef°~meby ~~ ~L~ ~+ who is pe~on~ly known t~ me ar p~uced "~ ss identifi~tion, this ~ day of I Y ~p,, ~_ , Jg~. , I iNotae/'s Signature Printed Name of Notary. Commission No./Expiration lseal: I j A~gr'~v_c.d: 08[27/9T j Pa~e 3 of 3 j Revi~;/en: I ~Tle Name: 6 Permit Application Supplemental Information RezOning Request ATTACH ADDITIONAL PAGES IF NECESSARY. ~' A7 I=¢,¢-. A' 3.57 1. Proposed zoning: 2. ls the proposed rezoning consistent with the oamprehensive plan? If not, which one(~)? '~ ~-~. other elements of the 3, Is the proposed rezoning in confbrmance with applicable substantive requirements of the city of Sebastian Code of Ordinances? if not, which one(s)? i What land use and development chan!ges have occurred since the effective date of the comprehensive plan which amendment?. are relevant to the proposed __ 5. Is the proposed rezoning compatible wi~ the existing or future land uses of the cibj? If not, why riot? "~ ~'~ .) c/F 0~ ~ ~['JO V~ ~ F ~¢ ~ 6. Are ~ere adequate public facilides to ~e~e ~e proposed land use? If not, which one(s) are not adequate? ~, ~¢ ~ C ~ [~ i _ Permit Application No. __ ~ I 7. Would the proposed rezoning result in a significant adverse impact on the I natural environment?. 'If so, descdbe the impact. I~O. r'~'V~LO¢/g~¢/tJ'7' I 8. Would the proposed rezoning adversely affect the property values of the area, I the general health, safety and welfare and impact the financial resources of the city? 'If so, descdbe how. ~ .~t~v'~"~;~' ~[::::~'~'~'"¢~. -¢~,~' (~/-~ -~. t¢ i 9. Does the proposed rezoning result in an ordedy development pattern? If not, 10. A~ach ~e follo~ng: ~a. A vedfied statement sho~ng each and evew individual person having a C¢~gal anCot .equitable o~emhip interest in the prope~ upon which the a~ ppli~on for rezoning is sought, ex.pt publicly held co~orations, in ~i;~e~e ~e names and addresses of the co~o~te o~cers shall be ~ b. A list of ~e names and addresses of all owners of parcels of real  -- prope~ wi~in ~ree hundred (300) feet of the parcel to be considered. ~ c. A su~ey and legal description of ~e prope~ to be rezoned. I [ Fo~ C~20~7 j Pa¢e 2 of 2 J Reining ~ j !AEPmv~: ,127/97 IR ;' : ' : ' ( ~ ~ ews~on ~ File Name S~zone I Z ~ Growth Management Department Rezoning Application - Staff Report Project Name: Amedtrend Homes Inc. Requested Action: Rezoning from C-512 to CG Project Location a. Address: Tract A, Sebastian Highlands, Unit 14 b. Legal: See Survey c. Indian River County Parcel Number: Project Owner: Numerous Owners Project Agent: Ameritrend Homes, Inc. 126 43'~ Avenue Vero Beach, Florida 32960 (561) 778-3143 Project Engineer: Project Attorney: Knight, McGuire and Associates, Inc. 80 Royal Palm Blvd. Suite 401 Vero Beach, Ftodda 32960 (561) 569-55055 Project Description a= 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 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 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. b. Current Zoning: C-512 c. Adjacent Properties Zoning .Current L~nd Use Future Land Use North: CR-512 County Road CR-512 East: RM-8 Vacant/Residential RM-8 South: PUD-C Vacant PUD-C West: PUD-C Exxon Gas~ Station PUD-C d. Site Characteristics . (1) Total Acreage: 10.23 acres (2) Current Land Use(s): Vacant (3) Soil: ' (4) Vegetation: Pine, Oak, Scrub, Palm (5) Flood Hazard: Zone X (6) Water Service: .. indian River County Utilities 7 ( ) Sanitary Sewer Service: ! Indian River County Utilities (8) Parks: Riverview Park- 1 mile (9) Police/Fire: Sebastian. Police-2 miles Indian River Fire - 2 miles 9. Comprehensive Plan Consistency a. Future Land Use: C-512 b. Level of Service (1) Traffic: The proposed does not represent an increase or decrease in the amount of tdp generatiorl rates, as it is similar to the existing commercial zoning classific~ation. ~ (2) Potable Water: Both commercial land use~ potable water level of service is 2,500 gallons per acre. Therefor no impact is expected by the proposed rezoning. 2 (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. 11. 12. 13. (6) Solid Waste: No change in impact expected. (7) Other: Conformance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. Changed Conditions: Land Use Compatibility: To the we~t 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: The public facilities are adequate for the requested rezoning. The proposed use is not expected to impact existing public facilities. 14. 15. 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 I 16. Orderly Development: i The proposed rezoning is consistent ~with the comprehensive plan and the I proposed rezoning provides for orderly cevelopment given the location of the site adjacent to a Commercial PUD, availability of water and sewer and convenient access to CR-512. ' i ' I 17, Public Interest: The proposed rezoning is not in conflict v~ith the public interest, i 18. Other Matters: i I The requested rezoning and accompanying land use change will provide consistency with the future land use map of the comprehensive plan. Direct access to CR-512 will minimize traffic impacts in the area. i The proposed rezoning will not have a gireater impact On the water, wastewater, drainage or solid waste facilities than theicurrent zoning. " I 19. Analysis: The applicant is requestin~a rezoning of 7.57 acres of land from C- " 512 to CG. The proposed land lies just SCuthwest of Wimbrow Drive along County I 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 2.66i acres will remain consistent with the I remainder of the C-512 corridor. The re.ar 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 QG zoning classification, i 20. Conclusion: The requested rezoning f~om C-512 to CG is consistent with the Comprehensive Plan, Land Development! Code and Code of Ordinances. i 21. Recommendation: Staff recommends i the Planning and Zoning Commission recommend approval to the City Council ftor the requested rezoning of the subject parcel from C-512 to CG. I i pREpAI~ED BY DATE / m i i 4 I 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 C. PUBLIC HEARING - Recommendation to City Council -'Proposed Land Use Change - Rear pordon of Tract 14, Unit 14 - Ameritrend 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. Chron. 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 Arey. Sb-inger at 7:44 P.M., and proceeded with his presentation. Tracy Hess gave staff presentation which recommencted approval. 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 tVlr. 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. Genhold - yes Mr. Mahoney - yes Mr. Barrett - yes Act. Chron. Vesia - yes Mr. O'Donnell - yes The vote was 5 - 0. Motion carded. MOTION by BarrebdMahoney 1'11 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 I 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, i MEMBERS MATTERSJ There was c~nsensus to postpone the elecdon of officers till the next meeting ! ' ' i Ms. Vesia iinquired about a new site plan expiratJ!n list. I A new LPA meeting list was mentioned by MI. Bai'rett. This issue was discussed. DIRECTORS MATTERS: I Tracy Hess noted that the city-wide zoning mal~ will be presented at the next P & Z I meeting for review and a recommendation to Ctty Council for certain changes to this map. ATTORNEY MATTERS: I Atty. Stringer noted that C & K will be looked at city-wide, but will be split at Cty Council I level for an effective date for the ordinance because of the land use change. Chmn. Schulke adjoumed the meeting at 8:07 p.M. I I ! (~/24/00 AB) ! ! ! I City of Sebastian, Florida Subject: Riverfront Zoning Districts and corresponding citywide zoning map. Agenda No. ~0.0¢~'A Department Origin: Growth Management Tracy E. Hass ~ ~ Date Submitted' February 29, 2000 For Agenda off MARCH 08, 2000 Exhibits: Ordinance No. 0-00-08 (CR, CW'R, C zoning dis~icts), eitywide zoning map to be presented at meeting. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY There are three (3) zoning classifications within the Riverfront District that are not currently outlined within the City's Land Development Code; Commercial Riverfront (CR), Commercial Waterfront Residential (CWR) and Conservation (C). In order to have proper compliance with our adopted comprehensive plan, we should adopt the zoning regulations for the above classifications. To accomplish this we must first remove these three sections from the proposed land development code and make the appropriate amendments. The proposed Ordinance outlining these three districts is scheduled for the March 02, 2000 Planning and Zoning Commission meeting for a public hearing and recommendation to City Council. In conjunction with the above, we will be presenting the City wide zoning map including the aforementioned zoning districts for a public hearing on the same evening. We will then forward the recommendations and have a first hearing before the City Council on March 08, 2000. I RECOMMENDED ACTION I Hold first public hearing of Ordinance No. 0-00-08 and schedule a second public hearing for March 22, 2000. I i i I ORDINANCE NO. O-00-0~q AN ORDINANCE OF THE cITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORH)Ai AMENDING THE LAND DEWLOPMXNT CODE OF Tar CITY Or s :aASTIAN, TO CREATE ZONING DISTRICTSi C (CONSERVATION), CWR · (COMMERCIAL WATERFRONT RESIDENTIAL) AND CR (COMMERCIAL RIVERFRONT) AS REQUrRED BY COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABH~ITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the most recent amendment to the Comprehensive Growth Management Plan for the City of Sebastian and the Land Use, Plan thereto created a Riverfront Mixed-Use District which necessitates the creation of new zbning districts; and WH~EREAS, a public hearing was held l before the Planning and Zoning Commission on March 1, 2000, and that body recommends apprbval of the Land Development Code amendments herein; and WHEREAS, the City Council upon du and found said amendments to be in the best inte e public hearing has considered the same :est of the citizens of Sebastian; NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER C(~UNTY, FLORIDA, as follows: Section 1. That section 20A-2.1 of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Section 20A-2.1. Districts designat~t. In order to implement the comp~'ehensive plan, including the land use element which allocates uses of land and establishes management policies, and in order to out the and intent of this carry purpose code, the following zoning districts are hereby established. A. Residential Districts: 1. RE-40: Residential Estate District 2. RS-20: Single-Family Residential District 3. RS-15: Single-Family Residential District · 4. RS- 10: Single-Family Residential District 5. RM-8: Medium Density Multiple-Family Residential District 6. RM-12: High Density Multiple-Family Residential District 7. R-MH: Mobile Home District B. Commercial Districts: · 1. COR: Commercial Olde and Residential District 2. C-512: Commercial 512 District 3. CL Limited Commenfial District 4. CG: General Commemial District 5. MCR: Marine Connm:tcial and Residential District 6. GMC: General Marin~ Commercial DistriCt 7. CRR: Commercial Resort Residential Di$iri¢~. 8. CWR~ Cgmmercial Waterfront R~idential Di~tric_t 9. CR: 129mm~rcial Riv~:t~ont District C. Industrial District s: 1. IN: Limited-Industrial District 2. AI: Airport and_Induslxi~l Facilities District D. Institutional District 1. PS: Public Service District 2. C: Con.serva_tion District E. Planned Unit Development Districts: 1. PUD-R: Planned Unit Development District 2. PUD-C: Planned Unit Development Commercial District 3. PUD-I: Planned Unit Development Industrial District 4. PUD-IV[H: Planned Unit Development Mobile Home District i i i Section 2. That the Land Development Code, City of Sebastian, Florida is hereby I amended to add a new section called Section~ 20A-3.17 C, Conservation District to read as I follows: See attached Exhibit "A" incorpOrated herein by reference. I Section 3. That the Land Development Code, City of Sebastian, Florida is hereby I amended to add a new section 'called Sec!ion 20A-3.18 CgrR, Commercial Waterfront Residential District to read as follows: i See attached Exhibit "B" incorporated herein by reference, i Section 4. That the Land Develop/dent Code, City of Sebastian, Florida is hereby amended to add a new section called Section 2{)A-3.19 CR, Commercial Riverfront District to I read as follows: I See attached Exhibit "C" incdrporated herein by reference. Section 5. CONFLICT. All ordiCances or parts of ordinances in conflict herewith are hereby repealed. I Section 6. SEVERABILITY. In the event a court of competent jurisdiction shall i determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to I enact such invalid or unconstitutional provision, ilt shall further be assumed that the City Council I would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to rem~ in in full force and effect, i , ' ! Section 7. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by the City Council. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: by Councilmember and, Mayor Councilmember Councilmember Councilmember Councilmember The Mayor thereupon declared this Ordinance duly passed and adopted this 22nd day of March, 2000. ATTEST: CITY OF SEBASTIAN, FLORIDA Kathryn M. O~alloran, CMC/AA.E City Clerk By: Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Ordinance No. 0-00-09 Exhibit A: C District Regulations SECTION 20A-2-5.1: CONSERVATION DISTRICT (C) A. INTENT 3/1/2000 9:50 AM This district is intended to implement the Comprehensive plan policies for preserving areas designated "Conservation" on the Compreherlsive Plan Future Land Use Map (FLUM). These areas primarily consist of environmentally sensitive natural resources and systems including but not limited to the Sebastian River, the Indian River, other environmentally sensitive public lands, and mangrove fringe protected by Florida Sta~tes. The intent of this district is to provide for the long term preservation of environmentallyi sensitive natural resources systems designated "Conservation" on the Comprehensive Plan FEUM. No development shall be permitted within thei Conservation district unless the applicant for such development provides proof of permits or proof of exemptions from all applicable State Or federal agencies having jurisdiction. The developer/applicant of lands within the CC~nservation (C) district shall be required to provide a site engineered delineation of all environmentally sensitive lands, including, but not limited to, wetlands and uplands habitat and shall also indicate the location "of lands or waters within the jurisdiction of the State and/or federal gove .rnfn, ent. The applicant shall bear the burden of proof in determining that development plans required pursuant to Article XVIII include appropriate mitigation techniques to prevent/minimize adverse impacts to wetlands, transitional wetlands, upland habitat, tidal waters and estuarine area~, including benthic communities, such as seagrass beds and other live bottom communities, or additional environmentally fragile natural systems. An on-site survey by environmental professibnals shall be submitted by the applicant. Such determinations shall be based on physical and biological data obtained from specific site investigations and provided with the earliest application for City development approval. These determinations shall be predicated on findings rendered by professionals competent in producing data and analysis necessary to support impact assessments, including findings regarding the impacts of potential development on the [,hysical and biological function and value of environmentally sensitive lands. Any development, within the conservation district shall be required to comply with all performance :riteria of Chapter III, especially Article XI, Environmental Protection, as well as all other a)plicable land development regulations. USES PERMITTED All development within the Conservation District shall be by conditional use duc to the environmental sensitivity of lands within the Cc CONDITIONAL USES. Prior to any development within a Conservat jurisdiction shall have granted requisite perm nservation District. ion District all State or federal agencies having tts, including but not limited to, dredge and fill permits. As stated in Article VI: Conditional Uses, applicants for a conditional use must demonstrate that the proposed uses and facilities identified below are compliant with all applicable criteria and relevant mitigation mea mres for conditional use approval, including but not limited to, wetland preservation, coastal resource impact analysis and shoreline protection, protection of marine life and fisheries, protecti6n of flora and fauna, and flood plain protection. The design of proposed conditional use fac,lit,e! shall be required to apply mitigation measures to prevent and/or minimize adverse impacts on natural systems, including but not limit to, habitats, water quality, and the physical and biological functions of wetlands. The size and scale of such development shall be restricted. Page A- I City of Sebastian i I i I I I I I I I I I I I I i i Ordinance No. 0-00-09 Exhibit A: C District Regulations Waterward of Mean/Ordinary Bigh Water: Only Water Dependent Facilities, including: 1. Fishing piers, docks and related boardwalks, which satisfy State permitting standards. 2. Watercraft. 3. Boardwalks not exceeding a width of 5 feet, which shall be elevated in order to reduce adverse impacts on hydrologic functions of wetlands and which satisfy State permitting standards. 4. Water Related Facilities that satisfy State¢ ~9 ~Permitting standar.d..~_ X_~ Within Areas Above Mean High Water: ~ trails n~ceeding a width of 4 feet to avoid adverse impacts on upland habitats and those portmns traver~ii~rways shall be elevated in order to reduce adverse impacts on hydrologic functions. ~ - Picnic areas & ~ Observation towers that shall be elevated in order to reduce adverse impacts on. hydrologic functions ofwetlands.~ (UttA,L_t~ ~~ o Public and private utilities where such facilities are e~ntial to the public health, safety and welfare.-- 0.3 Dyt9-.¢ O~0 ~ ~/~~ Fishing Piers, docks and related boardwalks, which satisfy State permitting standards. DIMENSIONAL REGULATIONS 2. 3. 4. 5. Maximum Density: Maximum FAR: Maximum Height: 25 feet. Maximum Site Alteration: Lot Dimensions: Not applicable. 1% 1% Not applicable. Minimum Setbacks: All development, excepting permitted water dependent uses, must comply with requirements for setbacks from wetlands and open waters established in §20A-3-11. I (C) and §20A-2~5.10(A). Commercial Structures Within Waters of the State. The City of Sebastian shall regUlate the location as well as the intensity and character of permanent and temporary water-dependent structures within the corporate limits of the City of Sebastian. This subsection does not apply to watercraft. Applicants desiring to develop, establish or expand temporary or permanent structures within waters of the State shall be required to file a major site plan pursuant to procedures set forth in Article XVIII. The applicant shall be required to submit a plan compliant with applicable performance criteria set forth in Chapter III, including but not limited to §20-3- 11.4 "Coastal Resource Impact Analysis." 3/I/2000 9:50 AM Page A-2 City of Sebastian Ordinance No. 0-00-09 Exhibit B: CWR District Regulations SECTION 20A-2-5.5 COMMERCIAL WATERFRONT RESIDENTIAL DISTRICT (CWR) INTENT. The purpose and intent of the CWR district is to provide, a management framework for implementing Comprehensive Plan Objectives and policies for the Riverfront Mixed Use designation illustrated on the Future Land Use Map. All development in the Commercial Waterfront Residential district shall comply wita the Comprehensive Plan, performance criteria in Chapter Ill, as well as other applicable land development regulations. The CWR district is intended to preserve the existing character of the Riverfront area. The existing assets, including historical structures shall be protected, preserved and enhanced. The zoning district is intended to provide for a mixture of uses and a variety of opportunities for recreational, residential and commercial uses while protecting the environment. B. PERMITI~D USES Single Family Dwellings Duplex Dwellings Multiple-family Dwellings up to 8 units per acre Timesham Facilities Nursing Home~ Churches Administrative Services, Public and Private Club§ and Lodges, public and private Business and Professional Offices, excluding drive-through facilities Medical Services Commercial Retail <5,000 sq. ft. Parking Lots without a building on the lot Foster Care/Group Homes with < 6 residents i Wet or Dry Storage of Boats I Boat Sales or Rental i Bait and Tackle Shops !Fish Markets/packing facilities iMarine Related Specialty Retail Sales I Services IWaterfront or maline Related Specialty Shops !Yacht Clubs !Restaurants excluding drive-through facilities ' and fast food !Trade and Skill Services iAceessory Uses to Permitted Uses C. CONDITIONAL USES Model Homes Home Occupations Child Care Se~tices Educational Institutions, marine related Cultural and Civic Activities Commercial Retail > 5,000 sq. ft. Utilities, Publi~ and Private Parks and Recreation, Public Foster Care/Group Homes with > 6 residents Hotels and Motels Marine Fuel Sales Waterfront General Commercial Merchandising of Secondhand Goods Nursing Homes Wholesale Trades and Services rcoteetive and Emergency Services, Public cessory Uses to Conditional Uses Bed and Breakfast SIZE AND DIMENSION CRITERIA 1. Maximum Density: 8 units per acre 2. Maximum FAR: 50% 2. Maximum Height: West of Indian River Drive: 35 feet East of Indian River Drive: 25 feet Land Development Code 03/01/00 9:42 AM Page B-I City of Sebasaan I I i i I I I I I I I I I I i I I i uramance r~o. 0-00-09 Exhibit B: CWR District Regulations 4. Lot Coverage: i Maximum Building Coverage: 30% Minimum Open Space: non-residential: 25% Maximum Impervious Surface: 80% residential: 50% I 5. Lot Dimensions: Minimum Lot Size: 10,000 square feet I Minimum Lot Width: 80 feet I Minimum Lot DePth: 125 feet 6. Minimum Setbacks: i Front Yard: Non-residential, with Sidewalk, Curb and Gutter: None Required Non-residential, without Sidewalk, Curb and Gutter: 10 feet Residential: 25 feet I Side Yard: Non-residential: 5 feet, except 10 feet when abutting a residential district or use. ' i Residential: 15 feet plus one foot per each additional two (2) feet in height above twenty-five (25) feet. I Rear Yard: Non-residential: I0 feet, except 30 feet when abutting a residential district or use Residential: 20 Feet I Minimum Distance between residential structures on the same lot: 20 feet. · 7. Minimum Living Area: I Single Family Dwellings: The minimum floor area required, exclusive °fporches, terraces, attached garages, carport or unroofed areas, shall be one thousand two hundred (1,200) I square feet. Duplex: 750 square feet per unit; I Multiple Family Dwellings: . I [ REQUIRED MINIMUM LIVING AREA IN MULTIPLE FAMILY I ,D, WELLINGS .... I I Type Dwelling///Bedrooms Re(luired # of SaUare Fe~t I I. One Bedroom Units 700 I ! Two Bedroom Units 850 I I-Three Bedroom Units 1,000 I I-Each Additional Bedroom after Three 100 Sq. Ft. per Additional I I Bedrooms. Bedroom Page B-2 City of Seba.sfi,'m Development Code 03/01/00 9:42 AM ' Ordinance No. 0-00-09 Exhibit B: CWR District Regulations Required Accessory Structures! Every single family and duplex dwelling'unit shall be required to provide a garage or-carport. If a carport or similar unenclosed vehicle storage structure is provided then each unit within the principal structure shall contain a fully enclosed utility storage area of at least sixty (60) square feet which shall be designed as an integral part of the principal structure. If a fully enclosed garage is provided, then no utility structure shall be mandated. The garage or carport shall have a minimum interior clear dimension often (10) feet by twenty (20) feet. REGULATION OF SALES PROMOTIONAL ACTIVITY, Sales activities for commercial resort residential units shall comply with all of t2ae following criteria: 1. The original sale of the vacation time ~haring plans may be conducted on premises in a sales office and in up to a maximum of two (2) model units; 2. The on-site sales activity shall be limite~l to original developer sales;. 3. The sales activity shall be conducted inSide the sales office and model units so as not to be noticeable from the outside, except frr permitted graphics; 4. On-site sales activities shall be terminatgd upon completion of original sales; and 5. A minimum of one parking space for each two proposed units shall be provided on site for the sales staff and potential purchasers' use during the (marketing) sales promotional and construction phases. ~- CONVERSIONS TO TIME-SHARE UNITS.i No development involving the conversion of an existing dwelling unit to a time-share unit may take place unless the applicant attaches to his application for zoning or site plan approval either: 1. A copy of any information required by the State, including as may 'be appropriate, a condominium declaration, sales prospectus, and/or other documents required by the state in regulating the use. Such material lshall include a statement in conspicuous type declaring that time-share units will or Imay be created with respect to units proposed; and/or ~ 2. An amendment to a prior existing cohdominium declaration that permits time-share estates to be created, which amendment Ihas been executed by each record owner of each unit of the condominium and each r~cord owner of each lien on each unit of the condominium. I OTHER REQUIRED INFORMATION. Applicants for a time-share use shall file with the City all public documents required by the State in regulating such use. The purpose of this requirement is to provide assurance that the applicant has been found in compliance with all requisite State regulations governing the use, ihcluding method of sales, operations, and other issues of public health, safety and welfare. Land Develop~nent Code 03/01/00 9:4~2 AM P~e B-3! City of Scb;tsfi;m L~rnlnance ~No. 0-00-09 SECTION 20A-2-$.4 COMMERCIAL RIVERFRONT (CR) Exhibit C: CR District Regulations INTENT. The purpose and intent of the CR district is to provide a management framework for implementing Comprehensive Plan objectives and policies for the Riverfront Mixed Use designation illustrated on the Future Land Use Map. All development in the Commercial Riverfront district shall comply with the Comprehensive Plan, performance criteria in Chapter III, as well as other applicable land development regulations. The CR district is intended to preserve the existing character of the Riverfront area. The existing assets, including historical structures, shall be protected, preserved and enhanced. The zoning district is intended to provide for a mixture of uses and a variety of opportunities for recreational and commercial uses while protecting the environment. PERMITTED USES Cultural or Civic Facilities Educational Institutions Churches Administrative Services, Public and Private Clubs and Lodges, Public and Private Business and Professional Offices, excluding drive-through facilities Medical Services Commercial Retail <10,000 sq. ft. Retail Gasoline Sales Wet or Dry Storage of Boats Restaurants, excluding drive-through facilities and fast food CONDITIONAL USES Trade and Skilled Services Marine Fuel Sales Marine Power Sales and Service Boat Sales and Rentals Water~ont or Marine Related Specialty Shops Hotels and Motels Fish Markets and Packing Facilities Bait and Tackle Shops Yacht Clubs waterfront General Commercial Activities Acci~ssory Uses to Permitted Uses Marine Related Specialty Retail Sales and Service Utilities, Public & Private Parks and Recreation, Public Protective and Emergency Services, Public Nursing Homes Commercial Retail >10,000 sq. ft. Commercial Amusements, enclosed Bars and Lounges, Restaurants, with drive-through facilities and fast food services. Child Care Services Plant Nurseries, retail Farmer's Markets Veterinary Services Funeral Homes Business and Professional Offices with drive- through facilities Parking Lots Without a Building on the Lot Merchandising of Secondhand Goods Wholesale Trades and Services Vehicular Service and Maintenance Accessory Uses to Conditional Uses SIZE AND DIMENSION REGULATIONS. The following are the minimum size and dimension criteria for lots within this district. For lots located in the Riverfront Performance Overlay District (Reference §20A-3-10.9) the additional requirements of the overlay district shall be complied with: 0. Maximum FAR: 60% I I I 2. Maximum Height: 35 feet Dmd Development Code 03/01/00 9:54 AM P,~e C- 1 City. of Sebastian Ordinance No. 0-00-09 3. Lot Coverage: Maximum Building Coverage: 30% Maximum Impervious Surface: 80% Lot Dimensions: Minimum Lot Size: 10,000 square feet Exhibit C: CR District Regulations Minimum Width: 75 feet Minimum Depth: 125 feet Minimum Setbacks: Minimum Open Space: 20% Front Yard with Sidewalks, Curb and GUtters: None Front Yard without Sidewalks, Curb and Gutters: 6 feet Side Yard: 5 feet, except 10 feet when abutting a residential district or use. Rear Yard: 10 feet, except 30 feet When abutting a residential district or use. RIVERFRONT DESIGN STANDARDS. Development shall comply with the design standards for the Riverfront Performance Overlay District, icited in Article XXI. L'md Development Code 03/01/00 9:54 AM Page C-2 City of Sebastian I ,,':,:.Following the pubhc ~. -/;, - suosequent .~.F ?iNDiAN RIVER · ¢ ' ..' LAND SEBAS ;lAN, . (C O N,~; E R V,A .T.,] ,.':-:'; WATERFRONT ':?,!! 'CO.M P R E H E N S."IV'~- ?!;";?CONFLICTS; PROVIDING - '~'-':i PROVIDING FOR ,~.: ,~-~v;: ,.... ~,~ ,. . ~,~.,,/, , , ~. A pubhc ho,'.:nng on lhe ord. mnnce..w,II bo · C~Rall. 1:>:.5 Mi.,n SIr~el.'$ebast=a, ,, ~, ".¥. ;? ,,;, 4 , "."~ .,] ~ i' ' AM ENDING ' THE~'i~;: ! ; C .W. 'OF · ZONING '. DISTRICTS C .-,~.-.:..'::. '. '. 0i'dinance, ..,~,... ~Ordinance. n the'. ',~',,~ -" '~. '.: ,'. -":~ ."" .' '.~ ..... -;~-.';:.~onday through ;Fnday 8 am to 4:30 pm .~...: .',~' .~.'1- ,: , . ~",:,,.'.- , .'~ . ., ' -.~;~,~;,,appear at the heanng and be fieard w~th rest " · ',::.'.-:'~ ........ ' ' "" .... .'~: ...... i '. '~'' ~ ..... ~,pmoosedOrd,nance. - , ..~,,, , · : . · - · ,:".'~..:c.~",.-~'v ~ ,,~ :,; .'"'~'~.~,:, . ~ ' ' ~".~ · ' I, ."~'~-."s '.:v- .... -. ;. r~ ~ ~,-, ~- ." ' '. :.~ ' ..:t · ' .... ' '~:~ny p,e. rson wno may w~sh to ,appea~ any clec?,on which "'. '."~ may be made by 'the Ctty Cound at, t~ tieanng w~ll · '~?',, . ... . ,. .....'.. ._ .:;,~ : , . . . . .',,. _ ':..' need to ensure that a verbatim'record of Ihe proc, eed~n(j,; '~ ~s..made which :~,record ,Includes ,the~-tesl,nony-'..a~u ~i ": evidence .'-upOn ~.~'~l~ich :ti~e -.'~ppeal .'WilI,L b.,.e.'--.b~.: .. , .... .: /. :.-...-.,~ ..... ..' · ,.(286.0105 ES.).',.:..' .. -.... :, ' .... , ' · · 0 ,. ~.~ .... .., · ~ .~ ! . ''~ . . .' In COmplia,..i~e With :th~ Americans With DisabilitieS'ACt .' ." (ADA),'-'anyone who'need_s, a spec~al,ac, commodation for . ~ '"thi~"~e'e:ting should i.~r~iEt thO'.City s ADA Coordin~lor '"...';"" f-;~,at 589-5330 at least 48 hours m advance of the meeting. " ,', r.," ' ' . , , :,., ~' ,~ :'. ~'. ', ' rlv c Iv ¢~t oeb~l-.-~ 811..~ · ,.. .... ~.~ '-. ~ ...... ~. ~ .~... ~ ........ ';~-~ ... :';.';"-7..;,:,,' -. ,:' ;;~. -:: ~' · ' ;,~, ::.:' .:~, "-*~;:~,',*..~":,;.;-; .-,.":-~- , " .1 - '-"7' .' .... ' " -,-~ ' '~ ~':~'-~ L.~;.~..~-"~; --"*~;'-;', , · City of Sebastian, Florida Subject: Citywide zoning map. Approved~/~~~fo~ubmittal~/~~ AgendaN0. 0.0b$ Department Origin:./3rowth Management Tracy E. Hass,,~''' Date Submitted- February 29, 2000 · For Agenda of: MARCH 08, 2000 Exhibits: Ordinance No. O-00-09, citywide zoning map to be presented at meeting. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY There are three (3) zoning classifications within the .City that are not currently outlined within the City's Land Development Code, nor are they represented on the corresponding City Zoning Map; Commercial Riverfront (CR), Commercial Waterfront Residential (CWR) and Conservation (C). The proposed zoning map outlines the addition of the above classifications as well as some minor changes to bring the map into compliance with our adopted Comprehensive Land Use Map of the Comprehensive Plan. The proposed Ordinance outlining these changes is scheduled for the March 02, 2000 Planning and Zoning Commission meeting for a public hearing and recommendation to City Council. In conjunction with the above, we will be presenting the City wide zoning map including the aforementioned zoning districts for a public hearing on the same evening. We will then forward the recommendations and have a first hearing before the City Council on March 08, 2000. RECOMMENDED ACTION I Hold first public hearing of Ordinance No. 0-00-09 and schedule a second public hearing for March 22, 2000. I I I I AN iORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER m: CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ' WHEREAS, State law requires the City to ehact zoning districts compatible with Land Use categories of the Comprehensive Growth ManaSement Plan; and WItEREAS, the City Council has provided notice of the proposed zoning changes necessary to adopt the amended Zoning Map herein and conducted a public hearing to receive citizen input; and . ' WHEREAS, the City Council of the City of ~ebastian, Florida, has considered the criteria identified in Section 20A-11.6(C) of the Land DevelOpment Code together with the recommended findings and recommendations of its staff and Plannirlg and Zoning Commission; and WltEREAS, the City Council as made the following findings: A. The proposed use is Consistent with the goal~, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the st~bstantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the !ublic interest of the citizens of the City of Sebastian. i D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist i~ the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result ini any adverse impacts on the natural environment. I I I G. The proposed use will not adversely affect the property values in the area, or the general I health, safety and welfare of the City or have an adverse impact on the financial resources of the City. I H. The proposed use will result in an orderly and local development pattern. NOW TItEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE I CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORII}A, as follows: I Section 1. ZONING MAP. The amended Official City Zoning Map attached hereto as Exhibit "A" is hereby adopted. ' I Section 2. INTENT. It is the intent of this Ordinance that all zoning categories ' shown on the Official City Zoning Map shall be compatible with the Future Land Use Map i adopted in accordance with the City Comprehensive Growth Management Plan as found to be in I compliance by the State of Florida Department of Community Affairs and in effect on the effective date hereof. Any inconsistency with said Future Land Use Map is hereby declared to be a I scrivener's error and staff is directed to make such modifications to the map attached hereto as Exhibit "A" as is necessary to reflect the true intent of this Ordinance.. I Section 3. CONFLICT. All ordinances or parts of ordinances in conflict hereWith are hereby repealed, I Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the IOrdinance 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 I 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 I effect. I I I I I Section 5.EFFECTIVE DATE. This )rdinance shall become effective upon I passage. I The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember ' and, upon being put to a vote, I the vote was as follows: ! ' ' Mayor Councilmember ' Councilmember ' ' Councilmember " " · Councilmember 'i~ ._ ' I The Mayor thereupon declared this Ordinance duly passed and adopted this I day of March, 2000. - ' '~ I CITY OF SEBASTIAN, FLORIDA I By: _ I Mayor · ATTEST: , I Kathryn M. O'Halloran, CMC/AAE I I City Clerk '!Approved as to form and legality for ireliance by the City of Sebastian only: I I Kich stringer, City Attorney I I i OTIC ,W.] , ~ ' '. ?:7 :, .~ ~c .... .~ ,,' .,-'.~',' .:,." i ~"i'"'~.~,,~-~'-~"~''':~) :.,~] ~- ,~:,~, '~',~. ~ ~-,~ ~.~REZONING ,, ,,,. ,~. Ronda,proposes to acopt tho following urdmance: ,,..~.~.. - . .=.~:,...~ ~'~ . , ......... . .)~,~ ?'~ '. .~,..~,~ ..... .. ORDINANCE NO. O~0 , [r;~.~ ..... .'.1 ~.: ',~;zS'r,'.;....~:..." ' "~. ~'..'.~;~;~ ~h~,'~'4~ :~.~': i ';.~.~,,,.' - CI~-WIDE.. ZONING~ MAP ~TO?~MPLY:;~',W~5,~ ,.~; ;COMPREHENSIVE ~D USE ~N;:,~RQVlDING,F~ ?~.j'~CONFLICTS;' PROVIDING ~, ;Eom ~;". PROVIDING' FOR AN EF~ DATE. ~.-~' .:.'~, .' ~'~ I .. , .,,,. .......................... ,.., ..... .. , .~ ......... , ~ ' ..,,,.q~ -',~'~- ~ · .~ ',~ . ." . .. .: -. . , , · . ., · · ~ .... ""' ' '~ -~:"" ' '.~ %~' t~' " ' · '~',~' '..:',~ (~/ ~'[~X'~ ~,~. ~"~ ',~-~-" ~,-~ .,' ,"~ ~..~' ~. '~., ~ ~.'~--,'~-. ,.--., ~ ~ .'.~ ~ .~T ," , . :,', . - ,.,'~ ~..~- . . ,'.~..'~--~5~ ~,. ~.'.....-~...,~- .~....~'~*r~'-~.~ x~.,~',~,.~. ~.. , ~:~'.:. .... . ~, .... --.- .. ....... ,~ .... u~,~~,- .- .~ ~,. .. .....~.~ .... . . ~,_~. .......... ,.. . · '. · I :'I';~ ';~';' ~ ;'~'1 '- , ' .... -~.-.' . i..~~. ,;, -....~. . · ~: · .'}.~ ~1~ ~.~'~ '.~.~.'":':', ~1' , ~.~.~,~- l~l ~ ~'~ .'5,1 ~':~'~. ; - .. ~,:.'..~~mA~...~..,'... .~-:A ~ubliC. hea~ng on'~e~nance w, ll be..helO on ~' C~~'O~ Hall~ i~5 'Main St3~etj~b~ii~. 'FI~ Foll~ng.the .pUbl~' h~adgO on,':~ .Ordinance at a su~ ~j. "~.D~e~k.'C~.Ha]l; Md~y.m~ugh:F~ay. 8 "~;'.~yrr~'$ar at .~' .h¢~fi0 and ~.~'h~a~ ~ m~p~.} me ,J. ~; -p~ O~inan~?.'~ ~. '~ ~ J ~ c-',] ~: ~ O.~'- .~ :~ r~ ~: .~:. :~ p J= ~.~ ~.: ~. ~ .. I I ,~y pe~n ~o may ~sh to appeal any d~s~on. ~icb ~ ~ J .~-;~de'~ ~'C~ ~uhdl at ~is headng will ne~ to ensu~ a :'/ ~e~a~m r~rd.of. ~e p~e~lngs: is ~e'whicn r~o~ ~es ~;.~e.~sfimony and e~d~qce upon '~;Hch, :.~ln ~plian~; with' th'o,;Ame~S~ .Wi~ ~Di~i~ties 7Aa.~A), :~'~u~ ~nam ~e C~s ~ ~ina~r, at j ~.',~;:-.';~'~5~ ;.'6E~,~7~('.~5':. :';~;~'J ~:t. ' ~ '.:;,; ' . .m~..~ ~u~ · 'Z'~'.'; ~.~,'.J~. ,',,:~ ~,'-,. ,. ,,' ~ .... ~ . .~t..-..-,......,. :~,.. .. .:. · . ..... _ .-.-- City of Sebastian Subject: Code Enforcement Board ~~ For Agenda of: Exhibits: applications, board member list, advertisement Expenditure Required: Amount Budgeted: N/A Agenda No. ~0- ~7 Department Origin: City Clerk Date Submitted: 3/1/2000 3/8/2000 Appropriation Required: SUI~MARY STATEMENT The Code Enforcement Board has three regular member-pos~ons open due to term expirations. · Alan Schofield - Subcontractor position - has reapplied and is eligible for reappointment · Elizabeth Griffin-Brauer - Businessman position - has reapplied and is eligible for reappointment · Sal Neglia Regular member position - is not eligible for reappointment in accordance with 2- 171. (See language below) Alternate member Adrina Davis has submitted an application for a regular member position. Mr. Neglia submitted an application for this position, however, In accordance with the City Attorney, Mr. Neglia is not eligible since he has served two consecutive three year terms and we have received an application from another legally qualified applicant. Sec. 2-171. Terms. In no event shall.any individual who has served as a member of the board for the greater of two consecutive terms or six years be reappointed to serve another consecutive term as a member of such board, unless no other individual, who has otherv~se legally qualified to serve as a member of such board has a current application on file with the city clerk seeking appointment to serve as a member of such board. This provision shaft not prevent appointment to a different board. For purpose of this section, the calculation of service of a board member shall not include time served as an alternate member of the board where the vacancy occurs. Should Mr. Davis be appointed to the Regular Member position, we will advertise for his vacated alternate position. RECOMMENDED ACTION Inten/iew applicants, unless waived, and appoint as follows: 1. Subcontractor position with term to expire February 1, 2003 2. Businessman position with term to expire March 1,2003 3. Regular member position with term to expire March 1, 2003 % Busn~ss: C r-r/t~c~ BUSINESS ADDRESS: BUSIneSS PHO~BUSh, mSS ARE yOu A REGISTERED VOTEK? HOW ~.ONO m~vE YOU Bm,~ A ~w. smm, rr oF SmaST~? DO YOU C~Y HOLD ANY PUBLIC OFFICE?. DO YOU PRESENTLY SERVE ON ANY OTHKK CITY BOARD OR COlVl}vflTTEE? WHICH BOARDSlCOMMrrTE~? ~,v~ £-z-~ ~2 y PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTEKESTED IN SEKVING IN ORDEK. OF PREFERENCE WITH FIRST CHOICE BEING #1: E-MAIL: VOTER REG. NO. /6'- y~ BOARD OF ADJUSTMENT CHARTER REVIEW COMNffITEE (serve~ ouly 6 months every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD c------'-CODE ENFORCEMI~ BOAKD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE RETIRIEvfENT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD OTHER TEMPORARY COMMrl-~E (WRn'E ~N COMMITTEE NAME) AP~ICABL~EDUCATION AND/OR EXPERIENC: (ameh separate r~urne ~f necessary) REASONS FOR WANTING TO SERVE ON BOARD OR CObflVflTTEE: LIST ANY ADDITIONAL QuALiFICATIONS TO SERVE ON BOARD OR COtv~flTTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELC NY IN THIS OR. ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF AN~Ir MISD ~.ANOR. INVOLVING MORAL WOmD You CONSm~X S~m~ ON ^ B0X~D 0tm ~'~ ~ O~(S) SV.~-CTEr> ~ow? ~ I hereby certify that I am qualified to hold the position for wlfieh this application is made.' Further, I hereby authoriz~ the City of Sebastian to investigate the truthfulness[ of all information which I have provided in this application. I understand that any. _.m..i~_~represeatafion or ommlssioa of information requested in t~s application is cause for disqualification I have been provided with, read and understand City of Seba: tiaa Co& of Ordinances Sections 2~ 166 through 2-173 (attached). Information ret~ve to a specific board or .ommittee ia available if requested. &\wp-forrffxapplica~wpd rev. 4/5/99 Applicant ;ignat~e who ~ ~ ~o~ tO~&r h~ 'pr~uced idenfificafio~ ' ', {~ My COMMISSION ~ CC 7~478 I I i I I I I I I I I t I I i I I HOME FAX: BUSINESS ADDRESS: I I i i I BUSINESS PHONE: ~,~-,Q,; q 0 BUSINESS FAX: -- _ARE YOU A REGISTERED VOTER.? t~_5 VOTER REG. NO..va,~ ~ ~,.~__~ HOW LONG HAW YOU BE~N X REStorer OS SEB,kSTIAN? .,e{ (4 ~- ~'k ~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SEKVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH SOAm)S~CO~m-r~s? ~ ,%, ~'o~C~_~,~$ PLEASE CHECK TI-IE BOARDS ON WHICH YOU ARE INTEKESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING # 1: I I I I BOARD OF AD3USTMENT CI-{AR~ REVIEW COMM1/TEE (serves only 6 mimflm ~vcry 7 yem's) CITIZENS BUllET REVIEW ADVISORY BOARD CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMNff]-rEE PLANNING AND ZONING COMMISSION POLICE RFFIREMR-NT BOARD OF TRUSTEES RECREATIONAL ADVISORY BOARD TREE ADVISORY BOARD OTHER TEMPORARY C.OMMr]-FEE... (WRfrE nw co~,mfl-r~. NAME) I I I :.:A~'PLI~ABL~. EDUCATION AND/OR EXPERIENCE: (attach separate resume [t'n~essary) REASONS FOR WANTING TO SERVE ON BOA_RD oR COMkMiTTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO S~ ON BOA_RD OK COM19flTTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE.'? (k O HAVE YOU EVEN BEEN CONVICTED OF ANY MIS~OR INVOLVING MOKAL TURPITUDE IN THIS OK ANY STATE?. -Weed You cossm sE v e os ABOVE? : I hereby ~rtify th~ I am qu,~lLfled to hold the position for wJfich this application is made. Further, I hereby authorize the Cky oi'Seb~sti~ to luvastigrae the truthfign~sS or. all ~..ormation which I have provided in this application. I uada~ta~l ~ ~ mismpreseatafion or ommiss,on ofinforznation requested ~n this '.. application is cause for disqualification. I have been prov~dat w~ read a~d understand Ci.ty of Seb~ Code of Ordinances Sections 2-156 through 2-173 (al'meh~. Inform~on r,dafive to a spedflc bo~d or ;oramJtt~ is aveilable Lfrequ~ted. AppOint Signature t~/~' Su ~ b b rl~ed and s~om to~-ql ~..~' a~~by \wp-rorm\appticat wpd i rev. 4/5/99 I I I I I i APPLICATION TO SERVE ON CU'Y BOARD/CO~,~IITrEE (~ Ci~ Bo~d ~d Co.ace Me~ M~ be, R~den~ of~e Ci~ of Seb~ti~) BUS.SS ~D~S: BUS.SS PHO~ BUS~ F~. E.~: YOU A ~G~~ VO~Rg. ~~ VO~ ~G. NO. ~fl~5~~ ' ' rou ~s~v mu o~ ~~~o~ o~ co~~, _ ~L~SE C~C~ ~ ~O~S ON ~Cn YOU ~ ~S~ m S~ ~ O~ OF P~~CE ~ ~T ~OICE B~G ~I: BO~ OF c~ ~ CON~ (~ o~ 6 mon~ ~ 7 y~) ~CODE ~OR~ BO~ C ONS~U~ON BO~ ~IC~P~ S~F-~UA~ON CO~E P~G ~ ZO~G CON~ON POLICE ~~ BO~ OF ~US~ ' ~C~ON~ ~SORY BO~ ~ ~zso~ ~o,~ _ APPLIC~ AB.,LE~EDUC.~TION ~A~.../OR EXPERIENCE: (attach ~,tc resume ii'n~essary. ) REASONS FOR WANTING TO SERVE ON BOARD OI~ COMMITTEE: ~,isT A~ A~rnoNAt qUA~n~CA~O~S HAVE YOU EVEN BEEN CONVICTED OF ANY ~MISDEMEANOR INVOLVING MORAL WOULD You commra smv~<o o~ BOAa~ O~ THA~ VH~ O~(S> S~T.ECTED '" / ! I hereby ~rtify that I am ~ to hold the i)osition for which this application is made. Further, I hereby authodz~ tho City of S~astian to inv(~ti§at~ thc ~ss pfall information which I have provided in this application. I understand that any mis~r~s~tatioa or ommiSslon of information requested in this '.. application is cause for di~,sli4~ation. : 2=173 (attae~hed). Information nflative Subscribet~-aaad sworn, to I~fot~ me this /ff~-dayof~..~a~ , ~.Zer~, by ~? ' ' I ' ANN V ROUSSEAU ,,?..~r<.,"' "'-~ .... . (-."./:'i;";=/";?0. . \wp;fonmapphcat. wpd rev. 4/5/99 I I I I I I I I I I I I I NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 9/1/99 AND WILL BE REVISED AT THE BEGINNING OF EACH MONTH CODE ENFORCEME~T BOARD MEETS THIRD WEDNESDAY OF EACH MONTH - :3:00 P.M. THOMAS T. CONNELLY ENGINEER POSITION 149 KILDARE DRIVI~ APPOINTED REG. MEMBER TER2~! SEBASTIAN FL 3295g VACATED BY G. METCALF: 9/11/96 385-1846 TERM EXPIRES: IU1/99 REAPPOINTED REGULAR MEMBER POSITION: 9/8/99 TERM TO EXI~IRE: 8/2002 (Currently in 2ND fifll term and 4TH regular member year) 461 GE~'I~t~c~...~. APPOINIED~Ei~-~IJ~r~ TERM: 3/94 (currently in 2 . 734 ROS~ ~VENUF.~_ APPOINTE~ MEMBER 388.1g05 ~EXPIRE: 2/2000 KEN COSCO APPOINTED 1st ALTERNATE TERM: 6/95 372 BANYAN STREET TERM TO EXPIRE: 6/9g SEBASTIAN, FLORIDA 3295g APPOINTED TO REGULAR 388-5432 MEli~ER REALTOR POSITION VACATED BY D. GILLIAMS: 5/96 TERM TO EXPIRE: 3/99 REAPPOINTED TO REGULAR MEMBER REALTOR POSITION: 3/24/99 TERM TO EXP~: 3/1/2002 (Currently in 1ST FULL TERM and 4th REGULAR MEMBER YEAR) JAYNE BARCZYK APPOINTED UNEXPIRED 609 CARAVAM TERRACE REGULAR MEMBER POSITION SEBASTIA/q, FLORIDA 32958 OF JOSEPH FLESCHER: 9/9/9g 38g- 1949 TERM TO EXPIRE: 3/2001 (NO FULL TERM-2ND REGULAR MEMBER YEAR) I I I 82 PETER CAVALLO 518 SAUNDERS STREET SEBASTIAN, FLORIDA 32958 388-3525 APPOINTED ALTERNATE MEMBER POSITION: 1/9~ iARM TO EXPIRE: 4/2000 POINTED TO REG~ MEMBER ENERA~ CONTRACTOR POSITION CATED BY MICHAEL OLIVER: 6/17/98 UNEXPIRED TERM TO EXPIRE: 6/99 REAPPOINTED TO GENERA~ EONTRACrOR POSITION: 5/12/99 RM TO EXPIRE: 6/1/2002 (1ST FULL TERM - 2ND REGULAR MEMBER YEAR) ' 1049 PHELPS STREET~ MEMBER P_O_ S~DN~0F JOSEPH sEB~sTi. AN, FLORIDA 32955 ~ FLESC~VT[CATED IN 4/97: 9/9198 3 - . ADRINA DAVIS 66g BENEDICTINE TERRACE SEBASTIAN, FLORIDA 32958 58%2408 (ALTERNATE TERMS AND YEARS NOT COUNTED) JOSEPH MOROZOWSKI 3426 HEATHERWAY LANE SEBASTIAN, FLORIDA 32958 589-8024 iOINTED UNEXPIRED ALTERNATE MBER POSITION VACATED BY DONNA MERR1Tr: 1127/99 TERM TO EXP~: 6/2001 E~P~OINTED UNEXPI~D ALTERNATE MBER POSITION VACATED BY BETH G~: 9/8/99 TO EXP~: 4~2000 (ALTERNATE TERMS AND YEARS NOT COUNTED) BOARD SECRETARY - DORRI BOSWORTH 83 I I I I I i I I I I i I I I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 r3 FAX (561) 589-5570 FEBRUARY 15, 2000 PRESS RELEASE CODE ENFOR~ BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THREE POSITIONS ON THE CODE ENFORCEMENT BOARD DUE TO TERM EXPIRATIONS. QUALIFICATIONS FOR THE VARIOUS PosmoNs ARE AS FOLLOWS: SUBCONTRACTOR: THE SUBCON'13GkCTOR SHALL POSSESS A VALID -.. CERTIFICATE OF COMPETENCY AND OCCUPATIONAL LICENSE, RECOGNIZED AND ACCEPTED UNDER THE LAWS OF THE STATE OF FLORIDA AND THE CODES OF TI-IE CITY, REGULATING THE BUSINESS OF CONTRACTiNG AND, WHERE REQUIll~ED, STATE REGISTRATION AS A CONTRACTOR, OR SHALL POSSESS. SINIILAR QUALIFICATIONS UNDER THE LAWS OF OTHER STATE, OR SHALL HAVE ACTUAL EXPERIENCE DEEMED BY THE crrY COUNCIL TO BE EQUIVALENT TO SUCH LICENSING. BUSINESSMAN: THE BUSINESSMAN SHALL BE ACTIVELY ENGAGED IN ANY LAWFUL BUSINESS WITHIN THE CITY, OR SHALL BE AN OFFICER OR EMPLOYEE OF A BUSINESS ENTITY HOLDiNG A CURRENT AND VALID OCCUPATIONAL LICENSE ISSUED BY THE CITY. REGULAR MEMBER: ANY QUALIFIED RESIDENT OF THE CITY. THE CODE ENFORCEMENT BOARD MEETS 'rftE TH]]LD THURSDAY OF EACH MONTH AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED TftROUGH TUESDAY, FEBRUARY 29, 2000. i I City of Sebastian, Florida Subject: Revised Land Development Code Agenda No. Exhibits: Land Development Code and Citywide Zoning Map to follow. EXPENDITURE AMOUNT BUI)GETED: REQUIRED: Department Origin: Growth Management Tracy E. Hass ..~/f-~ Date Submitted' February 29,2000 For Agenda of: March 08, 2000 APPROPRIATION REQUIRED: As you are well aware, the City staff has been performing an extensive review and rewrite of the Land Development Code (LDC) in compliance with the akeady adopted Comprehensive Plan Updates. The proposed LDC is comprised of 22 Articles, inehding a new County Road 512 Performance Overlay District. You have received periodic updates as we have progressed through our review before the Local Planning Agency. On Thursday, March 02, 2000, the Planning and Zoning Commission will be holding a public hearing and recommendation heating for the entire Revised Land Development Code. After said meeting, we will be forwarding all twenty-two (22) articles to the Council for a presentation at the regular City Council meeting scheduled on Wednesday, March 08, 2000. Hopefully, by the time you begin reading each article for review the staff and LPA will have completed a majority of the required revisions, which will help minimize the review time necessary at the City Council level. We hope you will review the information within the Land Development Code and direct staff accordingly recording your wishes for workshop meetings or public hearings for adoption. i I Included in the LDC is a CR-512 Performance Overlay Zone that includes design regulations and landscaping requirements in addition to the existing regulations. The proposed corridor is modeled after the highly effective and successful State Road 60 corridor in Vero Beach. The intention for creating the corridor is to create a more attractive gateway to the city. The CR 512 corridor appears as Article XXII of the LDC. I i i It isn't often that we have an opportunity to completely restructure the Land Development Code of the City and we realize this is a great opportunity to greatly improve the LDC. Thank you for your understanding and cooperation and we assure you that once the prolonged task is complete, all of us will take pride in knowing we participated in shaping the City's future. ~ I City of Sebastian 1225 Main Street Sebastian, Florida 32958 Telephone {561) 589-5330 FAX (561} 589-5570 Subject: Request for Use of Community Center Department Origin: City Clerk-~ Date Submitted: 02/25/2000 For Agenda of: 03/08/00 Exhibits: Application and letter dated 2/25/00 Expenditure Required: [ Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The City has received an application from the Sebastian Panthers, Inc. requesting the use of the Community Center on March 25, 2000 from 6:00 P.M. to 9:00 P.M. for a fundraiser dance. As required by R-98-43, Section I(B) (copy attached), the applicant is requesting permission to charge an admission fee of $2.00. They are also requesting a waiver of the rental fee. (The waiver of fees was discussed during the Regular Council Meeting of 5/25/94 and a motion was made to "accept no new waivers for either the Community Center or Yacht Club .......... ' and motion carried 5-0, copy of minutes attached). This is the first request for a fee waiver since this motion was made. The security deposit has been paid and they anticipate an attendance of 100 plus and were furnished with the proper form for the extra duty police officer services. RECOMMENDED ACTION Consider the request and act accordingly. Regular City Council Meeting May 25, 1994 Page Eleven 15. MAYOR AND CITY COUNCIL MATTERS A. Vice-Mayor Carolyn Corum Mrs. Corum reported on the status of Stonecrop Park and needed funds to comply with ADA to reopen; questioned whether the tree nursery on CR 512 and U.S. 1 moved out because it could not obtain a variance from the City; TAPE I - SIDE II (7:48 p.m.) inquired about Planning and Zoning Commission's pending hearing on airport zoning; suggested installation of bleachers at Schumann courts and Barber Street Sports Complex; and reiterated her request for oaks at Walmart, to which the City Manager responded. B. Mrs. Norma ~ Mrs. Damp suggested the Golf Course bridge be taken down if it cannot be completed; urged support for the Fire Department car wash~ and bake sale; inquired whether curbs can be installed on bad corners rather than continuously filling them in; and expressed concern for cancellation of the pothole crew meetings. ~. Mayor Firtion called recess at 7:55 p.m. and reconvened the meeting at 8:06 p.m. Ail members were present. C. Mr. Robert Freeland 94.159/ 93.115 Rev%ew Resolution ~o. ~-89-20 (Yacht Club/ Community Center) Dnd Waiver Df Fees (R-89-20~ Mr. Freeland said he had submitted several letters to City Council and read a prepared statement (see attached) relative to waiver of fees for use of the Community Center/Yacht.Club for certain groups. 11 Regular City Council Meeting May 25, 1994 Page'Twelve City Council discussion followed. The City Attorney cautioned that the c~rrent resolution be adhered to and that all applicar,~ts be treated equally. Mayor Firtion requested a breakdown of revenues to ascertain appropriate'l fees. The City Manager advised against reduction of fees since insurance costs!have not been looked at since 1989, stated that he Could conduct an analysis of what costs should be ~nd urged that the concept of public funds for public purpose be adhered to. Mrs. Corum recommended against waiving permit fees for churches. The City AttOrney concurred. MOTIONbyF~eeland/Ob~rbeck I move we accept Ino new waivers for either the Community Center or t~e Yacht club, accept no new waivers, and honor the/ present ones that we have u~til the first of September, that will give people tame to see if they ca~'either raise their funds or make other arrangement~ for their meetings". Mr. Freeland continued, "other than what I said, the government sponsored p~ograms". He then changed ,,September" to "October". ROLL CALL: Mr. oberbeck - aye Mayor Firtion - aye Mrs. C0rum - aye Mrs. Damp ~ aye Mr. Fr~eland - aye MOTION CARRIED 5-0 Mr~ Freeland thanked MrS. Gardinier for volunteering for the Board of Adjustment. Mayor Firtion adjournedithe regular meeting at 8:30 p om o The following items war+ not addressed. D. Mr. Oberbeck E. MavQr Arthur Fir~io~ I I I i i I I I I YACHT CLUB CITY OF SEBASTIAN RENTAL PERMIT APPLICATION DATE: ,'~,' )~'~=; )o~ Ed~ COMMUNI'r',' CENTER No. Street R~8,QN._EOR RE~AL: ~L~ ~ ANTICIPATED NUMBER OF PERSONS A~NDING EVENT: i ~ '~ REQUESTED DATE: ~ [~~') TIME: From: ~', ~ To:' ~ r ~ 'OffiCeonlyUSe $ PL~SE ANSWER YES OR NO: 1. ARE KITCHEN FACILITIES REQUIRED? 2. ARE YOU A RESIDENT OF SE~STIAN? 3. WILL DECOCTIONS BE PUT UP? ¢¢'~ _ ~. Total ....... $ 4. WILL THERE BE AN ADMISSION OR DOOR CHARGE? ~3 ~ Tax 5. WILL ALCOHOLIC BEVE~GES BE SERVED? ~/~ Total ........ (a) If an~er to ~ is Yes, Pe~ee's proof of Age: (b) If al~hol is to ~ ~, ~i~ion ~ required by City Council. ~Your reque~ will be presented to ~uncil on: City FEE 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 ................ ; .......... $250.00 OFFICE USE ONLY RECEIPT NO. INITIALS -.~/ 9~2 ALCOHOL BEVERAGE REQUEST [] APPROVED Police Department Agreement Vedfied (if applicable) Date Key Pickup Date: Key Returned Date: SECURITY DEPOSIT RETURNED BY CITY CHECK # FOR $ E]DISAPPROVED ON: COMMENTS: TO RENTERS OF SEBASTIAN COMMUNITY CENTER OR YACHT CLUB: A deposit of two-hundred fffb] dollars ($250.00) fOr cleanup mus[.be made with the application. I This deposit is refundable fi.the building is lef~ clean and undamaged by permittee. · I If cleaning or repair is necessary by City employee-4, this deposit o~ a portion of the deposit shall be forfeited, based on information supplied by the Superintendent O, fbuildings. I " · Kathryn M. o,Hailoran, CMC/AAE ~, City Clerk , : ~ ; -~ ~. :. . ~ . and regulations and agree to ail the eondmons listed; Furtherm re,'. I understand that neglecting to clean the premises immediately at~erward will result in forfeiture4 in part or full, of the security .- I deposit. ' ! .. Date ,~gnature I ! ! ! ! ! ! i ~ Sebastian Panthers, · P.O. Box 781624 I Sebastian, Florida 32978-1624 (407) 589-7670 Febmary25,2000 City of Sebastian 1225 Main Street Sebastian. FL 32958 Attn: City Clerk Dear Ms O'Halloran, The Sebastian Panthers is a non-profit organization that relies solely on fund misers to make money, and in that light of that fact, kindly request that the rental fee for the Sebastian Community Center be waived for our up and coming fund raising dance on March 25, 2000. Sincerely, Sebastian Panthers, Inc. Karen Heath Secretary RESOLUTION NO. R-98-~3 A RESOLUTION OF THE CTrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMM1/NITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR USE OF SUCH FACILITIES; PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLLrrlONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian owns and main '~ains a Yacht Club and a Community Center for the use and benefit of its citizens and a City Council Chambers for the operation of City government; and ~th8 promulgation of rules of~onduct arid procextt~ will prOmot~ the general health, sar'cry and welfare of those persons utilizing such facilities; and ' " WHEREAS, the City Council deems it necessary impose certain fees for the use of certain facilities in order to defray the cost of maintenance and repair. NOW, TI~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: ~ - SECTIO~I 1. RULES AND REGULATIONS: ~ City Council hereby adopts the following rule~ and regulations for the use of thc Sebastian Community Ceata- and the Sebastian Yacht Club. A. An application for a permit to use the CommUnity Center or the Yacht Club must be completed on forms provided for such pta-pose by the City Clerk. An application for a permit must be received by the City Clerk at least two weeks prior to the date of' the requested u~e. B. The City Clerk shall issue a use permit [upon a determination that the requested use is permissible pursuant to this Resolution and all fees have b~n paid. In the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11:00 p.m., or if an admission charge is to be assessed, then the City Clerk shall not issu~ a use permit until directed to do so by the City Council. I I I I I I I I i I I i I I I I I securing of the doors of the facility, la the event that an applicant anticipates any special needs with regard to heart, air conditioning ca, lighting, he shall disclose thc details of such necessities to the City Clerk at the time of application. The Clerk shall then demrmine if aa additional fee is necessary. M. The pennittec is solely responsible and answerable to the City for damages and to any injured pemon for any and all accidents or injuries to persons or properties resulting fi.om the use of the facility during the permitted period. The pennit~ shall emure that the facility is leR in the same condition as it was in prior to the permitt~ use. O. P. Q. Use permi~ are not transferable. Any faa~y equipment a 'tflized must be replaexd in the facility's storage room after use. The penaittee for any fiagfion at which 76 or more attendees are anticipated shall be requi~ed to hire one or more Sebastian Police ofrm:rs to attend the function for security purposes at the rate established by the City Manager for City otticers hired for private duty, unless waived by City Council. The ration of the number of attendees to required offiea's is attached hereto as Exhibit "A". Verification of the agreement with the Sebastian Police Department shall be obtained by the City Clerk's office prior to issuing a key to the permittee. I/the Police ~t verifies that a su~cient number of School Resource Officers will be used to handle security for a teca dance/function, himg of police officers is not required. Private duty police officers shall be available for groups of any size ifreques~t by the pennittee. SECTIOI~ 2. MAINTENANCE DEPOSIT: A minimum deposit of Two Hundred Fifty Dollars ($250.00) must accompaay each applicatioa for use of the Community Center and Yacht Club. This deposit is refundable ifa facility is IcR in a clean and uadamaged condition by the permittee. In the event that the City, in its sole discretion, detennin~ that cleaning or repairs are necessary after the permitted use, the deposit shall be forfeited. In the event that cleaning or repair'z are not necessary, the Ci.ty Clerk shall refund the deposit to the perrnitte¢ within two (2) w~.'k.s after the completion of the permitted use. governmental business by the City, its boards, commil~ee~ and ~mploye=s or other governmental agencies, boards, committees, organizations or units ofgovemm~ or public Officials. Any non-City governmental agency, board, commi~.-e, organization o~ unit of local, state or federal government, or a public official who desires to use Ci~ Council Chambers must receive the approval of the City Manager prior to such use. SECTION 9. CONFLICT: ResolutionN?.~ag~ and all other Resolutions or parts of Resolutions in conflict herewith are hereby repealed. ~ECTION 10. EFFECTIVE DATE: This Res, flution shall become effective immediately upon its passage, provided, hov~*ver, tl~ a~y approvals granted by!City Council prior to adoption of this reSolution for future use of the Comsmmity Center and Yacht Club shall remain as originally approved. 'l~e foregoing Resolutmn was moved rio by Councilmember . ~//-/~- ' ~, / V ' The motion was seconded by Cotmcilmcmber~, and, upon being put to a vote, ~¢ vote was as foUows: · Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise Cartwright Councilmember Ctmck Neuberger Councilmember I. arty Paul The Mayor thereupon declared this Resolution duly passed and adopted this~__ffd~ day of ATTEST: City Clerk CITY OF SEBASTIAN, FL~ORIDA Ruth Sullivan, Mayor (Seal) Approved as to Form and Content: City Attorney I I I I I I I I I I I I I I I I RESOLUTION NO. ]~-98-43 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR USE OF SUCH FACILITIES; PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMER~ PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian owns and maintains a Yacht Club and a Community Center for t?~~'' use and benefit of its citizens and a City Council Chambers for the operation of City government; and WHEREAS, the promulgation of roles of C°nduct and procedure will promote the general health, safety and welfare of those persons utilizing such facilities; and WHEREAS, the City Council deems it necessary to.impose certain fees for the use of certain facii~t~c.s in order to defray the cost of maintenance and repair. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY (.}F SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: ~ECTION 1, RULES AND REGULATIONS: The City Council hereby adopts the following roles and regulations for the use of the Sebastian Community Center and the Sebastian Yacht Club. A. An application for a permit to use the Community Center or the Yacht Club must be completed on forms provided for such purpose by the City Clerk. An application for a permit must be received by the City Clerk at least two weeks prior to the date of the requested use. B. The City Clerk shall issue a use permit upon a determination that the requested use fi~ permissible pursuant to this Resolution and all fees have been paid. In the event that the proposed use may include activities involving gambling, alcoholic bevexages, the use ora facility after 11:00 p.m., or if an admission charge is to be assessed, then the City Clerk shall not issue a use permit until directed to do so by the CiB, Council. C. A use permit for a group composed of minors shall be issued only to an adult who accepts the total responsibility for the supervision of each minor throughout the period covered by the permit. D. No admission fee or other charge may be imposed by the permittee unless expressly authorized in the use permit. Prior to issuance of the permit, the City Council shall make a determination that the proposed admission charge or other fee is not intended to further E. The serving of food and/or use of kitch~ in the use permit. commercial purpose. facilities is prohibited unless specifically authorized / F. The applicant shall disclose to the C~ty Clerk the nature of the proposed activity and the anticipated need for e~a'a work by City personnel. In the ~vent the City Clerk determines that the permittee will' cause extra work by City IXa'sonnel as a result of the proposed use, an additional fee shall be charged in order; to fully recoup such cost. ' G. No decoration of any type shall be Permitted without the pdor approval of the City. Any decoration utilized must be removed by the l~amittee. ~ H. In the event that gambling a~vity is t~ be a part of the permitted use, the City Council shall make a determination that such activity is not in conflici with the general law of thc State of Flodda.. I. No alcoholic beverages of any type may be brought on to the premises, dispensed, or otherwise consumed without prior authorization of tl~ City CounCil. The Council shall make ~pecifi¢ provisions in the permit with regard to consumption of alcoholic beverag~ J. The permittee shall not, under any equipment from the facility. 'cumstances, remove a,y chairs, tables, or any other K. Unless otherwise directed by the City Council, all permitted activities shall last no more than eight hours and shall cease no later than 11:00 p.m. L. The permittee shall bear the responsibility for the control of' the lights, thermostats, and other equipment in the facility. Further, the permittee shall ~ear responsibility for the unlocking and subsequent 2i securing of the doors of the facility. In thc event that an applicant anticipates any special needs with regard to heating, air conditioning or lighting, hc shall disclose thc details of such necessities to the City Clerk at thc t/mc of application. The Clerk shall then deterafine if an additional fee is nec~sary. M. The permitt~ is solely responsible and answerable to the City for damages and to any injured person for any and all accidents or injuries to persons or properties resulting from the use of the facility during the permitted period. The permittee shall ensure that the facility is lef~ in the same condition as it was in prior to the permitted use. O. P. Q. Usc permits are not transfcantble. Any facifity equipment utilized must bc replaced in thc facility's storage room after use. The Ixxmil~ for any function at which 76 or more attendees are anticipated shall be requi~ed to hire one or more Sebastian Police Officers to attend thc function for security purposes at thc rate established by the City Manager for City officers hired for private duty, unless waived by City Council. The ration of the number of attendees to required officers is attached he~o as Exhibit "A". Verification of the agreement with the Sebastian Police Department shall be obtained by the City Clerk's office prior to issuing a key to the permittee. Il'the Police Deparmamt verifies that a sufficient number of School Resource Officers will be used to handle security for a teen dance/function, hiring of police officers is not required. Private duty police officers shall be available for groups of any size if requested by the permittee. ~]gcrIObl 2~ MAINTENANCE DEPOSIT: A minimum deposit of Two Hundred Fifty Dollars ($250.00) must accompany each application for use of the Community Center and Yacht Club. This deposit is refundable ifa facility is Icf~ in a clean and undamaged condition by the permittee. In the event that the City, in its sole discretion, determines that cleaning or repairs are necessary after the permitted use, the deposit shall be forfeited. In thc event that cleaning or repairs are not ncccssmy, the City Clerk shall refund the deposit to the permittee within V, vo (2) weeks after the completion of the permitted use. SECTION Community Center are hereby set as follows: A. Four (4) hours flat rate B. Each additional hour C. Kitchen privileges COMMUNITY CENTER RATES: $100.00. $ 15.00 $ 25.00 ~ECTION 4. SEBASTIAN YACHT CLUB club are h~-eby set as follows: The rates for the use of the Sebastian The rates for the usc of thc Sebastian Yacht A. Four (4) hours flat rate $ 50.00 B. Each additional hour $ 7.50 C. Kitchen privileges $ 25.00 The Sebastian Property Owners Association is exempt from payment of fees up to a limit of two meetings per month. SECTIONS. NON-RESIDENT RATES: In the event that the permitiee is not a resident of the City of Sebastian, an additional fee of Twenty Five Dollars ($25.00) shall be assessed. $~CTION 6. NOT-FOR-PROFIT ORG~IIZATIONS: In the event that the applicant is a school, church, or other'tax exempt entity, as defined by the Internal Revenue Service Code, the charges for use of the Sebastian Community Center or the Sebastian Yacht Club shall be one-half (1/2) the regular rate. SECTION 7, COMMERCIAL USE PROI nor the Sebastian Yacht Club may be used for any comm~ profit making activity ~cept by a religious, political, HBITED: Neither the Sebastian Community Center rcial activity. Such facilities shall not be used for any charitable, not-for-profit, or tax exempt entity. Any admission fee, entrance fee, cover charge, food or beverage charge, or any other fee, charge, or donation associated with the use of the Yacht Club or Community Center must be approved by action of the City Council. SEQTION 8. CITY COUNCIL CHAMBER~: No organization or group may use the City Council Chambers for the purpose of conducting a meeting or any other use unless such organization or group is an agency, board, committee, organization or unit of local, state or federal government, or a public official who is 4i govo-nmcntal business by thc City, its boards, committecs and employees or other governmental agencies, boards, committees, organizations or units of government or public'officials. Any non-City governmental agency, board, committee, organization or unit of'local, state or federal govcmment~ or a public official who desires to use City Council Chambers must receive the approval of the City Manager prior to such use. ~ECTION 9. CONFLICT: Resolution No. R~54~ and all other Resolutions or parts of Resolutions in conflict herewith are hereby repealed. [jECTION 10. EFFECTIVE DATE: This Resolution shall become effective immediately upon its passage, provided, however, that any approvals granted by City Council prior to adoption of this resolution for future use of the Community Center and Yacht Club shah remain as originally approved. The f°reg°ing Res°luti°n was m°ved f°?a?_ ti~by 5°uncilmember ~t~-e---'/. ~ The motion was seconded by Councilmember ~ and, upon being put to a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise Cartwright Councilmember Chuck Ncuberger Councilmember Larry Paul The Mayor thereupon declared this Resolution duly passed and adopted thi~day of ATTEST: ~oran, CMC/AAE City Clerk Ruth Sullivan, Mayor (Seal) Approved as to Form and Content: City Attorney EXHIBIT "A" Adult functions with: Up to 75 guests 76 to 250 guests 25~ to 400 guests No Officers required 1 officer required 2 Officers required High School or Jr. High Dances/Functions with: Up to 99 students No Officer required 100 to 199 students 1 05 200 to 399 students 20J 400+ students 3 Of ficer required ficers required ficers required City of Sebastian, Florida Subject: Resolution R-00-13 Agenda No. dc). Department Origin: City Manager Date Submitted: 02/29/00 For Agenda off 03/08/00 Exhibits: Proposed Resolution R-00-13 EXPENDITURE ~ AMOUNT BUDGETED: REQUIRED: 1 APPROPRIATION REQUIRED: SUMMARY The proposed Resolution No. R-00-13 authorizes the City Manager to apply for a Waterways Assistance Program Grant from the Florida Inland Navigation District for Phase I improvements to the former Good Guys, Inc., property located on the riverfi'ont. RECOMMENDED ACTION Move to approve Resolution R-00-13 authorizing the City Manager to applY for a Waterways Assistant Program Grant from the Florida Inland Navigation District for Phase I improvements to the former Good Guys, Inc., property located on the riverfi:ont. RESOLUTION ~O. R-00-13 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A WATERWAYS ASSISTANCE PROGRAM GRANT FROM THE FLORIDA INLAND NAVIGATION DISTRiCT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE . DATE. i WHEREAS, in December 1999, the City of Sebastian acquired riveffront property for purposes of expanding recreational! opportumtles in the community; and WHEREAS, the Mayor and City Coundil 'desire that the City of Sebastian beautify a~d improve various public properties within Sebastian, Florida; and WHEREAS, the Mayor and City Council of the City of Sebastian wish to authorize the City Manager to apply for a Water~vays Assistance Program Grant from the Florida Inland Navigation District. NOW TItEREFORE, BE IT RESOLVED BY Tile COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. City of Sebastian hereby authorize the City Mare Program Grant from the Florida Inland Navigatk Section 2. The City Manager's Oftic, directed to send copies of this Resolution to the The Mayor and City Council of the ger to apply for a Waterways Assistance ~n District. of the City of Sebastian is hereby Florida Inland Navigation District and all other persons as directed by the Mayor and City 2ouncil. I I I I I I I I I I i I I Section 3. CONFLICTS. conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. 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: All resolutions or parts of resolutions in This resolution shall take effect Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. MajCher, Jr. day of The Mayor thereupon declared this Resolution duly passed and adopted this ~ ,2000. CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn M. O'Halloran, CMC/AA.E City Clerk By: Chuck Neuberger, Mayor APPROVED TO FORM AND LEGALITY Rich Stringer, City Attorney I I I City of Sebastian~ Florida Subject: Certifcation of Acceptance/Local Law Enforcement Grant Program C' /~r Terx~nce iR. Mcrore Agenda No. Department Origin: City M,'mager Date Submitted: 02/29/00 For Agenda of: 03/08/00 Exhibits: Subgrant Award Certificate EXPENDITURE [ AMOUNT BUDGETED: REQUIRED: SUMMARY IAPPROPRIATION REQUIRED: On February 23, 2000, the State of Florida Department of Community Affairs, awarded the City of Sebastian a subgrant in the amount of $8,423.00, for the Sebastian Police Department Records Management Enhancement Program. Subject to conditions of the Agreement, by execution of the Certification of Acceptance/Request for Payment, the City of Sebastian requests a lump sum payment of the subgrant in the amount of $8,423.00. RECOMMENDED ACTION I I Move to authorize the City Manager to execute the Department of Community Affairs Certification of Acceptance/Request for Payment of Subgrant Award, in the subgrant amount of $8,423.00 for the Sebastian Police Department Records Management Enhancement Program. DEPARTMENT JEB BUSH Governor STATE OF FLORIDA OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" STEVEN M. SEIBERT Secretary FEB 3 2000 The Honorable Chuck Neuberger Mayor of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: 00-CJ-G3-10-40-02-137/Records Management Enhancement Project Dear Mayor Neuberger: The Department of Community Affairs is pleased to award a Local Law Enforcement Block grant in the amount of $8,423 to your unit of government. These funds shall be utilized for the purpose of reducing crime and improving public safety. A cody of the aDDroved subqrant aDDlication with the above referenced project number and title is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to Section F of the subgrant which is the "Acceptance and Agreement." These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. The enclosed Certification of Acceptance/Request for Payment should be completed and returned to the Department within 30 calendar days from the date of award. This certificate consti- tutes official acceptance of the award and must be received by the Department prior to the lump sum payment/subgrant award. 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Interne! address: http://www.dca.state,fl.us FLORIDA KI~'S Area nj Oili,-~l Stale Concern Field Office 2796 O%~aS Highway, Suite 212 ~, Florida 3305~2227 The Honorable Chuck Neuberger Page Two We look forward to working With you on this mroject. If we can be of further assistance, please contact Robert Lakin, Planning Manager, Bt 850/488~8016. Sincerely, CHW/mb Enclosures Clay~n H. ' LLL~ Wilder CommUnity Program Administrator Bureau of Community Assistance State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE/ REQUEST FOR PAYMENT OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance ofsubgrant award number 00~CJ-G3-10-40-02-137, in the amount of $8,423, for a project entitled: Records Management Enhancement Project for the period of 03/01/2000 through 0'8/31/2000 , in accordance with the Project Budget Schedule and Project Budget Narrative contained in the subgrant application, and subject to the Department of Community Affairs' Conditions of Agreement and any special conditions' governing this subgrant. By execution of this Certification of Acceptance/Request for Payment, the subgrantee requests a lump sum payment of the subgrant. (Signature of Authorized Official) (Date of Acceptance) (Typed Name and Title of Official) DCA-CJ Form 1 (June, 1985) State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Commun~.ty Assistance The Sadowski 2555 Shumard Oa Tallahassee, Fi( SUBGRANT AWARD Subgrantee: City of Sebastian Date of Award: FEB ~ 3 2000 Grant Period: From: 03/01/2000 Building k Boulevard ~rida 32399 CERTIFICATE TO: 08/31/2000 Projec~ Title: Records ManagementiEnhancement i Project Grant Number: 00-CJ-G3-10-40-02-!.37 Federal Funds: $8,423.00 BGMTF Funds: State Agency Match: Local Agency Match: $1,852.00 Total Project Cost: $10,275.00 Program Area: 0lc The Omnibus FY 1996 Appropriationsi Act, (Public Law 104-134), authorizes the Director of the Bureau of Justice Assistance (BJA) to make funds available to units olf local government under the Local Law Enforcement Block Grantsi Program, or Block Grants, for the purposes of reducing crimei and improving public safety. This award is subject to all applicable rules, regulations, and conditions as contained in the Finmncial and Administrative Guide for Grants, Guideline Manual 7100.~D, Office of Justice Programs, Common Rule for State and Local GoVernments and A-87, or OMB Circulars A-il0 and A-21, in their! entirety. It is also subject to such further rules, regulations!and policies as may be reasonably prescribed by the State or Federall Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. SUBGRANT AWARD CERTIFICATE (CONTINUED): This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certification of Acceptance/Request for Payment of Subgrant Award is returned to the department. Authormzed Official Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Date BCA Revised 2/17/97 ,-. Local Law Enforcemeitt Block Grants t'rogrami ' ' Florida Departmen;of Commu,,ity ASfairs Coun~'Name I~d,ian ~ivor ' A. Names & Addresses li. Subgrant Recipient. City Sebastian Chuck Neuberger Sebastian, FL (561) 589- 5330 Name of Chief Elected Official: Title: Mayor Address: 1225 Main Street, Zip Code: 52958 Area Code and Telephone Number SUNCOMNumber: 221-5412 Area Code and Fax Phone Number' Chief Financial Officer. (561 ) 589- 5570 Name of Chief Financial Officer: Mark Mason Title: Finance Director Address: 1225 Main Street, Sebastian, FL Zip Code: 32958 ' Area Code and Telephone Number: '(561) 589. 5330 SUNCOM Number: 221-5412 Area Code and Fax PhoneNumberi (561) 589- 5570 Implementing Agency. Sebastla~ Police Department (Government Agency Responsible for Project) Name of Chief Executive Official: Denni~ R. White Title: Chief o~ Police Address: 1201 Main Street, Seblast_ian, FL Zip Code: 32958 Area Code and Telephone Number: SUNCOM i~'umber: 221-5223 Area Code and Fax Phone Number: Project Director. (Employee of Gov Name of Project Director: David Title: .Dejo.uty Chief of Po£ic~ Mailing Armress: 1201 Main Street, Street Address: 1201 Ma~n StreW, Zip Code: 32958 I Area Code and Telephone Number:i SUNCOMNumber: 221-5223 Area Code and Fax Phone Number:i E-Mail Address: spd0sunet.net SFY 2000 Sectlo, II- I ,~ttbgrttnt .,lpplication Package (56 ) 589- 52 3 ( 38 . 187 ~rnmental Implementing Agency) Pus eh er Sebastian, .FL Sebastian, FL (561) 589- 5233 (561 ) 388 - 1872 Revised 9/1/99 OCat LaW t:njorct~mant x>tocK errants ~'rogram Florida Department of Community Affairs Administrative Data i. Project Title (Not to exceed 36 characters, including spaces). Reeord~ Management Enhane~ Project Project Period. Period Beginning Ending Month Day March 01 August 31 Year 2000 2000 Fiscal Data 1. A warrant for the lump sum grant award will be sent directly to. the Chief Financial Officer identified by the recipient in Section A.2. Unless other~vise' stated. , Vendor # (-Enter Federal Employer identification ,Number of Subgrantee): SAMAS # (Enter if you are a state agency): D. Program Purpose Areas and Project Budget Schedule Local Law Enforcement Block Grants Pro,am funds may be used for one or more of the Program' P.urpos__e. Areas... below. In the Proiect Budeet Schedule that follows, indicate the Pro~ram Pumose Areas you r)lan to imnlement by sr>ecifvine the dollar amounts reouired to fund each activity. Local Match must be cas~h and must represent no less than ten percent oftheproject's cost. All or any portion of funds allocated under this title may be used to conti-act with.private, nonprofit entities or communiw. -based organizations to carry out the purposes of this Program. 1. Law Enforcement Support for: Hiring, training, and employing on a continuing basis, new additional law enforcement officers and necessary support personnel (if funds are used to hire law enforcement officers, there must be a net gain over the unit of local govenunent's current appropriated budget, in the number of law enforcement officers who perform non-administrative public safer)' service). Subgrant Application Package ..gFY 2000 Revised 9/I/79 i Section Il- 2 ~ Local Law Enforcement Block Grants Program Florida Department of Community Affairs bo Paying overtime to presently iemployed law enforcement officers and necessary support personnel for the purpose of increasing the number of hours worked by such personnel. Procuring equipment, teclmol0gy, and other material directly related to basic law enforcement functions. 2. Enhancing security measures in and around schools, and in and around any other facility or location that the unit of local government considers a special risk for incidents of crime. 3.. Establishing or supporting drag courts. To be eligible for funding, a drug court program must include the following: a. Continuingj udicial supervision over offenders with substance abuse problems, but who are not violent offenders;! Integrating administration of o!her sanctions and services, which shall include: · i. mandatory periodic te.{ting of each participant for the use of controlled substances or other addictive substances during any period of super¥ised release or probation; i '- ii. substance abuse treatment for each participant; iii. probation or other supei'vised release involving the possible prosecution, confinement, or incarceration because of noncompliance with program requirements or failure to show satisfactory progress; and iv. programmatic, offender management and aftercare services such as relapse prevention, vocational job training, and job and housing placement. Enhancing the adjudication of cases involving violent offenders, including cases involving violent juvenile offenders. For the purposes of this program, violent offender means a person charged with committing a Part I violent crime under the Uniform Crime Reports. Establishing a multi-jurisdictional task t'orce, particularly in rural areas, composed of law enforcement officials representing unit~ of local government. This task force will work with Federal law enforcement officialslo prevent and control crime. Establishing crime prevention progra residents and law enforcement persom prosecution of criminals. Defraying the cost of indemnification ir Subgrant Application Package SFY Sect[ol ns involving cooperation between community ~el to control, detect, or investigate crime or the surance for law enforcement officers. ?000 IH-3 Revised 9/1,/99 I I I I I i I I I I i I i I I I I I I LOcal Law lznjorcement ~lock Grants Program JClorida Department of Community Affairs Ineligible Use of Funds. The following items may not be purchased, leased, rented or acquired with funds provided under the Local Law Enforcement Block Grants Program: Tanks or armored vehicles Yachts Fixed-wing aircraft Real Estate Limousines Consultants Vehicles not primarily used for law enforcement _PR OJE CT BUD GE T S CHED ULE (Type or _Print Dollar Amounts in Applicable Categories and Leave Others Blank.) _Program Purpose Area/ Federal Local .Budget Category Funding Government Cash Match 1.a. Salaries and Benefits Indirect Costs Total Salaries and Benefits Contractual Services Indirect Costs 1.c. Expenses Operating Capital Outlay Indirect Costs Salaries and Benefits Contractual Services Expenses Operating Capital Outlay 8,423. O0 IndiYect Costs 1,852.00 10,275.00 Subgrant Application Package SFY 2000 Section II- 4 Revised 9/1fl)9 Local Law Enforcement Block Grants Program Florida Department of Community Affairs Program Purpose Area/ Budget Category Salaries and Benefits Contractual Services Expenses Operating Capital Outlay Indirect Costs Salaries and Benefits Contractual Services Expenses Operating Capital Outlay Indirect Costs Salaries and Benefits Contractual Services Expenses 'Operating Capital Outlay Indirect Costs Salaries and Benefits Contractual Services Expenses Operating Capital Outlay Indirect Costs Expenses indirect Costs Subgrant Application Package Federal FUnding Local Government Total Cash Match SFYIO00 Seeti°l II- 5 Revised 9/1/99 Local Law Enforcement Block Grants Pro,ram Florida Department of Communi9. Affairs PR OIE CT B UDGET $ ctar£D ULE SUM3fAR (Totals For'Ali Program 'Purpose Areas) Budget Category Federal Local Funding Government Cash Match Salaries and Benefits -0-- -0- Contractual Services Expenses Operating Capital Outlay 8,425.00 1,852.00 Indirect Costs Totals 8,423.00 1,852.00 Subgrant Application Pacgage SF¥ 2OOO Total -0- 10,275.00 I0,275.00 Revised 9/I/9& Local Law Enforcement Block Grants Program Florida Department of Community Affairs .E. Project Budget Narrative . You must describe line items for each al:plicable Budget Category for which you are requesting subgrant funding. Provide suffic'.ent detail to show cost relationships to project .activities. In addition, describe your specific: sources of matching funds. [Source of match must be cash and represent no less than t~ n (10) percent of the project's cost.] Start below and use cm~ tinuation pages as necessar-y. SUMMARY S FATEMENT ~ ~ , $8,~23.00 wil~ be funded through This LLEBG ~rojeet .o~als $I0,275.0~ the S~ate of Flo~ida Depar~ of ~mmu~i~.y Affairs (DCA). Thi~ g,rant requires a minimum local cash m~.eh f $956.00, (9%) rounded up. The . required matching funds and addi~.ion I fandi~ wi~ be ~rovided from the Police D~partme~'s Fin~s and Forf~ture~ E~pendable Trust Fund account. ' BUDGET INFORMATION Th~s entAre proj~e~ will be funded i~ Ca~.¢gory I.¢ {~rogram ~urpo~e ar~as). This proje~~. will ~rovide ~sar~ funding to ¢on~.inue improving our records management, syst~ (RMV} ~hieh began ,nd~r Cops More Grant 97CMW×0541. The items to be pureh~ied uae 5 Lap To~ Computers under state contract. These eom~uters ~ll be assigned to tee uMfo~ Division for re~o~ m~ng i~ the find. it is ex~eer~d th~ fast,r, more ac~rate " info~ion will be obtained and ~s~n~d throu~/ thor us~. To~al Proj~ Cost ~ $2, 055. 00 ~ ~ $10,275.00 See "~0JECT BUDG~ SCHEDULE" for b4~ow~ of gr~ vs. lo~al fund a~Lo c~io ~s ~ . I ~OJECT ~AR~Ti VE records m~ag~ ~ll bt r~z~d:thro~h reeor~ng and ra~id ~ss~ion of i~fo~ation contend i~ ~olie~ r~o~s. T~e~e computes ~ll ~d officers i~.reeor~g info~ation i~ th~ ~i,~d. Time needed to s uMA l' As' ex~e~ned above, ~his $I~, 275.0~[ ~rojtet ~e.t. e~ane~ the R~eor~s Manag~m~ Syst~ (RMS) o¢ tk~ Stba~r~ Po~e D~a~.men~ ~.krou~h aas~er S.~ubgrant Application Package 3F~ 2000 Sect, on II- 7 Revised 9/I/99 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 I I I I I Local Law Enforcement Block Grants Program Florida Department of Community Affairs F. Acceptance and Agreement All persons involved in or having administrative responsibility for the subgrant must read these "Acceptance and A~eement" conditions. This "Acceptance and Agreement" (Section F) must be returned as part of the completed application. Note Condition No. 14: Only project costs incurred on or after the effective date of this agreement and on or prior to the termination date of a recipient's project are eligible for funding under this subgrant. Conditions of A~reement. Upon approval 0fthis subgrant, the approved application and the conditions outlined below will become binding. Non-compliance will result in project costs being disallowed. Definitions. The term "Department", unless otherwise stated, refers to the Department of Community Affairs. The term "Bureau", unless othenvise stated, refers to the Bureau of Community Assistance. The term "Subgrant Recipient" refers to the governing body of a city or a county or an Indian Tribe which performs criminal justice functions as determined by the U.S. Secretary of the Interior, and includes an "implementing Agency" which is a subordinate agency of a city, county or Indian Tribe, or an agency under the direction of an elected official (for example~ Sheriff or Clerk of the Court). Reports a. Financial Reports: The recipient shall submit Ouarterlv Project Expenditure Reports (Form LLEB GP-001) to the Bureau by February 1, May 1, August 1, and November 1 covering subgrant project expenditures during the previous quarter. (See Paragraph 18. Project Expenditures) A final Project Expenditure Report and a Crirn#tal Justice Contract (Financial) Closeout Package (Form LLEBGP-003) shall be submitted to the Bureau within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final." b. Other Reports: The recipient shall submit other reports as may be reasonably required bY the Bureau. All required reports, instructions, and forms shall be distributed with the subgrant award. Subgrant Application Package SFY 2000 Section H- 8 Revised 9/1/99 Local Law Enforcement Block Grants Program Florida Departrnent of Community Affairs 2. Lump Sum Payment and Establishment of Trust · The Department shall award program funds to the recipient in one, lump sum payment. T~ae recipient must establish an interest-bearing trust fund to deposit program funds. The term "trust fund" is defined as an interest-being account that is specifically designated for this program. Only allowable pro,am expenses can be paid from this account. This fund may not be utilized to pay debts incurred by]other activities beyond the scope of the pro.gram. To be an comphance w~th the trust fund ~eqmrement, a recipient s account must include the following four features: ~. a. The account must earn interest; b. The recipient must be able to account for the federal award amount; o Subgrant Application Package If these requirements can be met witl: system, there is no need to establish a se Fiscal Control and Fund Accounting i The recipient shall establish fiscal con proper disbursement and accounting The recipient must be able to account for the local match amount; and The recipient must be able to account for the interest earned. in the recipient's current financial management parate account. ?~cedures :rol and fund accounting procedures that assure of subgrant funds and required non-federal expenditures. All funds spent on this pre !eot shall be disbursed according to provisions 'of the project budget as approved by the BUreau. " All expenditures and cost accounting Of funds shall conform to the _?ffice of Justice Programs' Financial Guide (as amended), the U.S. Department of Justice s Common Rule for State and Local Governments, and in the federal Office of Management and Budget's (O~rB 's) Circulars ,1-21, ,1-87, and,1-110, in their entirety). All funds not spent according to this agreement shall be subject to repayment.bY the recipient. , Compliance with "Consultant's Com£etitive Negotiation Act" The recipient, when applicable, agrees'lto satisfy all requirements provided in Section 287. 055, Florida Statutes, known as the ["Consultant's Competitive Negotiation Act". Approval of Consultant Contracts The Department shall review and approve in xvriting all consultant contracts prior to employment ora consultant. Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs' Financial Guide (as amended), the U.S. Department of Justice's Common ~tde for State and Local Governments, and in applicable state statutes. The Department's approval of the recipient agreement does not constitute approval of consultant contrac ts. SFY ~ !000 Revised 9/1/99 Section II- 9 Local Law Enforcement Block Grants Program Florida Department of Community Affairs 6. Allowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of Justice Programs'Financial Guide (as amended), the U.S. Department o f Justice's Common Rule for State And Local Governments and federal OMB's Circular No. A-87, "Cost Principles for State and Local Governments", or OMB's Circular No. A-21, "Cost Principles for Educational Institutions". All procedures employed in .the use of federal funds to procure services, supplies or equipment, shall be according to U.S. Department of Justice's Common Rule for State and Local Governments, or Attachment "0" ofOMB's Circ,darNo. A-Il0 and Florida Law to be eligible for funding under this subgrant. 7. Travel All expenses for travel out-of-state or out-of-grant-specified work area shall be based upon written approval of the Department prior to commencement of actual travel. The cost of all travel shall be reimbursed according to local regulations, but not in e~cess of provisions in Section 112.061, Florida ~tatutes. Ail bills for any travel expenses shall be-submitted according to provisions in Section ] ]2. 061, Florida Statutes. 8. Modification of Contract; Repayments Either party may request modification oftheprovisions of this Agreement. Changes Which are mutually a~eed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tailahassee, Florida 32399-2100 Subgrant Application Package SFY 2000 Section Ii- 10 Revised 9/1/99 Local Law Enforcement Block Grants Program Florida Department of Comrnttn ity Affairs 10. 11. Written Approval of Changes in this Approved Agreement Recipients shall obtain written, approval from the Department for major changes to this a~eement. Major changes include, buy are not limited to: a. Changes in project activities, designs or research plans set forth in the approved a~eement; ' b. Budget deviations that do not meet the following criteria: That is, a Sub,ant Recipient may transfer funds between approved budget categories as long as the total amount oftransferidoes not exceed ten (10) percent of the total award amount and the transfer is made to an already approved budget line item. c. Transfers of funds above the ten (10) Percent cap shall be made only ifa revised budget is approved by the department. d. Under no circumstances can transfers of funds increase the total budgeted award. "' Transfers do not allow for increasing] the quantitative number of items documented in any approved budget line item. (For example, equipment items in Operating Capital Outlay or Expense categories or staff~posifions in the Salaries and Benefits category.) Under no circumstances can transfers, of fnnds increase the total budgeted award. Reimbursement Subject to Available Funds The obligation of the State of Florida to l'eimburse recipients for'incurred costs is s~bject to available federal Local Law Enforcement BIock Grant funds. Commencement of Project If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the Bureau l~equesting approval o fa new project starting date. · The letter must outline steps to initiate the project, explain reasons for delay, and specify an anticipated project starting date. Ifa project has not begun within ninety ~90) days after acceptance of the subgrant award, 'the recipient shall send another letter to the Bureau, again explaining reasons for delay and requesting approval of a revised project Starting date. Upon receipt of the ninety (90) day letter, the Department shall determine if the reasons for delay are justified or st~all, at its discretion, unilaterally terminate this agreement and deobligate sub,ant funds to other projeeis approved by the Department. If Warranted by extenuating circumstances, the Department may extend the starting date of the project beyond the ninety (90) day period, but'i only by a formal written amendment to this a~eement. /Subgrant_Applicat on Pa_ckage SFY 2000 Section H! - 1 ! Revised 9/2/99 I I I I I I I I I I Local Law Enforcement Block Grants Program Florida Department of Community Affairs 12. Extension of a Contract for Contractual Services Extension of a contract for contractual services betxveen the recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed si.,: (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 13. Excusable Delays Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in performance of this a~eement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure ofa consultant to perform or make progress, and if such failure arises out of causes beyond th~.control of the recipient and the consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: a. Supplies or services to be fumished by the consultant were obtainable from other sources; b. The. Department ordered the re.cipient in writing to procure such supplies or services from other sources; and c. The recipient failed to reasonably comply with such order. Upon request of the recipient, the Dep. artment shall ascertain the facts and the extent of such failure, and if the Department determznes that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 14. Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for funding under this subgrant. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. Subject to the above requirements, Project Generated Income may be used by the recipient for Program Purpose Area activities. I I I Subgrant Application Package SFY 2000 Section H- 12 Revised 9/I/99 Local Law Enforcement Block .Grants Program Florida Department of Community Affairs 15. Performance of Agreement Provisions In the event of default, non-compliance! or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including Withholding payments and cancellation, termination or suspension of the agreement in whole or in part. In such event, the Department shall notify the recipient of its decision thirty (30) days in advance of the effective date of such sanction. The recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 16. Access To Records The Department of Community 'Affairst the U.S. Department of Justice, Office of Justice Programs, Bureau o f Justice Assistance;and the Auditor General of the State of Florida, the U.S. Comptroller General or any ofthei~ duly authorized representatives, shall have access to books, documents, papers and recc~rds of the recipient, implementing agency and contractors for the purpose of audit and examination according to the Office of Justice Programs' Financial Guide (as amended), the U.S. Department of Justice's Common,Rule for State and Local Government,). i The Department reserves the fight to unilaterally terminate this a~eement if the recipient, implementing agency or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the recipient or its contrac~tor in conjunction with this agreement. ~-~-Sgbgrant Audit The recipient shall provide to the Department one copy of an annual audit conducted in compliance with The Single ,4udit ~ict of 1984, P.L. 98-502. The audit shall be performed in accordance with the federal OMB Cir. cular A-133 and other apphcable federal law. The contract for this agreement shall be identified with the subject audit in The Schedule of Federal Financial As, istance. The contract shall be identified as federal funds passed-through the Florida Department of Community Affairs and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the recipient shall submit an annual financial audit which meets the requirements of Sections ! 1.45 and 216.349, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report which covers ~tny portion of the effective dates of this agreement must be submitted within 30 days after' its completion, but no later than seven (7) months after the audit period. In order to be ~complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letler findings. Incomplete audit reports will not be accepted by the Department and will be returned to the recipient. c. The recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a Certified Pul~lic Accountant or a Licensed Public Accountant. Applicwn'on Package SFY ~000 Revised 9/1/99 Sectionlll- 13 Local Law Enforcement Block Grants Program Florida Department of Community Affairs The recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. The recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. If this a~eement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. o The completed audit reports should be sent to the following address: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Sadowski Building Tallahassee, Florida 32399-2100 18. Project Expenditures All recipient expenditures shall be identified on Form LLEBGP-001 (Project Expenditure Report),.preseribed and provided by the Department. Project Expenditure Reports shall be submitted to the Bureau on a quarterly basis, as specified in Section F., Para~aph 1.a. All claims for funding shall be submitted in sufficient detail for proper pre-audit and post- audit. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 19. Retention of Records The recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 20. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this a~eement is governed by the terms of the Office of Justice Pro,ams' Financial Guide (as antended), the U.S. Department of Justice's Common Rule for State and Local GovernmenO or the federal OMB's Circular A-l lO, Attachment N, Paragraph Eight (8). Subgrant Application Package SPT 2000 Section II. 14 Revised 9/1/99 Local Law Enforcement Block Grants Program Florida Department iof Community Affairs 21, Property Accountability The recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. · The recipient shall estabhsh and adm~mster a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property ~nanagement standards set forth in the Office of / Justice Programs' Financial Guide (as at~ended), the U.S. Department of Justice's Common iRule for State and Local Government orlhe federal OMB's Circular A-110, Attachment N. This obligation continues as long as the recipient retains the property, notWithstanding expiration of this agreement. 22. Disputes and Appeals The Department shall make its decisio] in' writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute' its response to all concerned parties.. The recipient shall, proceed diligently with the performance of this agreement accordinglto the Department s decision. If the recipient appeals the Department'si decision, it shall be submitted in writing to the Department's clerk (agency clerk) within twenty-one (21) calendar days of receipt of t,otification. The recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Chapters 28-.5 and 9-5, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 23. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, representatives of the Department and/or the u.s. Department of Justice's Bureau of Justice Assistance have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 24. Publication or Printing of Reports Before publication or printing, a final draft of any rep. ort required under or pertaining to · this agreement shall be sent to the Bur :au for its review and comment. Publications or printed repons covered under paragraph a. above shall include the following statements on the cover pap :: i. "This report was prepared for t]~e Florida Department of Community Affairs, in cooperation with the U.S. Dep~.rtment of Justice, Bureau of Justice Assistance." The next printed line shall iden ~.ify the month and year the report xvas published. ii. "This~prrogram was supported y grant # awarded to the Department of Community Affairs, State of orida, and by the Bureau of Justice Assistance SFY 2~00. Revised 9/1/99 Stctit}n fl- 15 Subgrant App. lication Package Local Law Enforcement Block Grants Program Florida Department of Community Affairs (BJA), Office of Justice Programs (OJP), U.S. Department of Justice. The BJA is a component of OJP which also includes the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime." 111. "Points of view, opinions, and conclusions expressed in this report are those of the recipient and do not necessarily represent the official position or policies of the State of Florida Department of Community Affairs, the U.S. Department of Justice, Office of Justice Programs, or any other agency of the state or federal govemment. 25. Equal Employment Opportunity (EEO) All recipients are required to comply xvith nondiscrimination requirements contained in various federal laws. Specifically, the statute that governs programs or activities funded by the Office of Justice Programs (OJP) (Section 809(c), Omnibus Crime Control and Safe Streets A ct of 1968, as antended, 42 U.S.C. 3 789d, prohibits such discrimination, as follows: No person in any State shall on the grounds of race, color, religion, national origin, sex [or disability]* be excluded from participation in, be denied the benefits of, 6r be subjected to discrimination under, or denied employment in connection with any program or activity funded in whole or in part with fi.~nds made available under this title. *Section 504 of the Rehabilitation Act of J 973 prohibits identical discrimination on the basis of disability. The recipient acknowledges, by completing and signing .the attached EEO Certification Letter (Appendix I), that failure to submit an acceptable Equal Employment Opportunity Plan approved by the Office for Civil Rights (if recipient is required to submit one pursuant to 28 CFR 42.302), is a violation of its certified assurances and may result in suspension of funding obligation authority. Submission of this certification letter is a prerequisite to enterino into this a,,reement This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the remp~ent or ~mplementmg agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and CFR Section 42.207 Compliance Information). I I I I I I If any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability or age against a recipient of funds, the recipient must agree to fo~vard a copy of the findings to the OJ'P Office for Civil Rights. 26. Americans with Disabilities Act 1990 Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public Subgrant Application Package SbT 2000 Section H - 16 Revised 9/I/99 Local Law Enforcement Block Grants Program Florida Department of Contmunity Affairs 27. accommodations (Title III), and telecommunications (Title IV). Criminal Intelligence System The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that recipients of federal funds for the princip, al purpo~se of operating a criminal intelligence system under the Ornnibus Crime Control and Safe Streets ~,lct ofj968, 42 U.S.C. 370/.i et seq., as amended (Pub. L. 90-351, as amended by Pub. L. 93-83, Pub, L. 93-415, Pub.': L. 94-430, Pub. L. 94-503, Pub. L. 95-115, and Pub. L. 96-157), use those funds in conformance with the privacy and constitutional rights of individuals. The recipient and a criminal justice agency that is the implementing agency agree to certify i that they operate a criminal intelligence~ system in accordance with Sections 802(a) and [818(c) of the Omnibus Crime Control and Safe Streets Act of 1968 as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. · Submission of this certification is a prerequisite to entering into this agreement. "' This certification is a material representation of fact upon which reliance was placed ~hen this a~eement was made. If the recipient_.or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance.[ Federal law requires a subgrant funded criminal intelligence System project to be in compliance with the Act and federal regulation prior to the award of federal funds. The recipienl~ is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the recipient iagreement does not constitute approval 6t' the sub,ant funded development or operation of a criminal intelligence system. 28. Non-Procurement, Debarment and SuSpension The recipient' a~ees to comply with Exectltive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 8o.510, Part~c~pan~ s Responstb httes). These procedures reqmre the recipient to certify it shall not enter into any lower tiered covered transaction with ~. person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department, A person or affiliate who has been placed c for a public entity crime may not submit a to a public entity, may not submit a bid on or repair ora public building or public wo to a public entity, may not be awardc subcontractor, or consultant under a con n the convicted vendor list following a conviction ~id on a contract to provide any goods or services a contract with a public entity for the construction :k, may not submit bids on leases of real property d or perform work as a contractor, supplier, tract with a public entity, and may.not transact business with any public entity in excess >fCategory Two for a per/od of 36 months from the date of being placed on the convicted Vendor list. Subgrant Application Package SFY ~000 Section II- 17 Revised 9/1/99 I I I I I I I i I I i I i I i Local Law Enforcement Block Grants Program Florida Department of Community Affairs 29. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 30. Federal Restrictions on Lobbying The recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions on Lobbying: Interim Final Rule, "published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a'material representation of fact upon which reliance was placed when .this agreement.was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions andpenalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his ~or her knowledge and belief, that: No federally appropriated funds have been paid or shall be paid to any person for .influencing or attempting to influence an 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 loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. If any non-federal funds have been paid Or shall be paid to any person for influencing or attempting to influence an officer or'employee of congress, or an employee ora member o fcongress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbyin~ Activities, according to its instructions. The undersigned shall require that the language of this certification be included in axvard documents for all subgrant awards at all tiers and that all Subgrant Recipients shall certify and disclose accordingly. 31. State Restrictions on Lobbying In addition to the provisions contained in Paragraph 30 of Section F, Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the state Legislature or a state agency is prohibited under this contract. Subgrant Application Package SFY 2000 Section H- 18 Revised 9/i/99 Local Law Enforcement Block Grants Program Florida Department of Commttnity Affairs 32. Statement of Federal Funding Percentage and Dollar Amount 33. 34. 35. 36. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or prograrns funded in whole or in part with federal funds, all grantees and recipients receiving these federal funds, including but not limited to state and local governments, shall clearly state: i a. The percentage of the total cost of the program or project that shall be financed xvith federal funds, and b. The dollar amount of federal funds to be expended on the project or program. Project Cioseout Project funds which have been properly obligated by the end of the subgrant funding period will have 45 days in which to be liquidated (expended). Any funds not liquidated at the end of the 45-day period will lapse and revert to the Department. A subgrant funded project will not be closed out until the recipient has satisfied all closeout requirements in one final subgrant closeout package. A check for :he full amount of any unexpended funds must accompany the closeout package. Background Check It is strongly recommended that all Programs targeting juveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Children and Family Services, conduct background chocks on all personnel providing direct services. ' Eligibility for Employment in the'lJnit{d States The State. of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationally Act ("INA")].i The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employmetnt provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. Employment Preference for Former Mimbers of the Armed Forces Recipients shall give suitable preference In the employment of persons as additional law enforcement officers or support personne~l to members of the Armed Forces who were separated or retired involuntarily due to th~ reductions in the Department of Defense. Sttbgrant Application Package SFY 2000 Section H- 19 Revised 9/1/99 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 i I i I I '.' '~'EEO Certification Letter - Subgrant Recipient Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements - Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that I have read the Act criteda set forth in the Suborant Aoolication Package and Instructions. I understand that if the subgrant recip!ent meets these criteria, ' it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons_and women. I also affirm that the subgrant recipient (Initial one of the following): . . Does meet Act Criteria and does have a current EEO Program Plan. Does-meet Act Criteda and does not have a current EEO Program Plan. ~Does not meet Act,Criteria. I further affirm that if the recipient meets the Act criteria and does not have a current wdtten EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Requires signature of authorized official: Type Name and Title:_ Chuck Neu6~rg~r, Mayor N~S u(b~rantee Organization: LLE-~G Subgrant Ap01icalicn Pelage Date: Ci¢.y o f Sebastian EEO Cer~ffcaden Letters Appencllx 1 - Page 2 Revised 9/1/99 Local Law E1tforcement Block Gra.ts Program Florida Department of Comrnunlty Affairs ':' EEO Certification Letter - Implementing Agency' I Mr. Clayton H. VVilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Compliance with Equal Employment Qpportunity (EEO) Program Requirements - Implementing Agency Dear Mr. Wilder. I, the undersigned authorized offficial, certii Crime Control and Safe Streets Act of 1968 as an in the S.ub¢]rant Application Package and Instrt Agency meets these criteria, it must participate formulate, implement and maintain its own writter affecting minority persons and women. I also afl ! that according to Section 501 of the Omnibus ended, that i have read the ACT criteria set forth [ctions. I understand that if the Implementing :-in the subgrant recipient's EEO Program or EEO Program relating to employment practices !rm that the Implementing Agency (Initial one of the following): ~ Doe~ meet Act Criteria and does havei a current EEO Program Plan. . Does meet Act Criteria and does not hLave a current EEO Program Plan. ~__Does not meet Act Criteria. I further affirm that if the implementing agenCY meets the Act cdteria and does not participate in the subgrant recipient's EEO Program or does ~ot have its own .written EEO Program, federal law requires it to participate in such a program Or formulate, implement, and maintain its own program within 120 days a~er a subgrant application is approved or face loss of federal funds. Requires signature of authorized official: Type Na',me and Title: P~ R. WhZte ChZef of Poli¢~ I I I I I I i i I i I I Name of Implementing Agency: Sebastian Ponce, Depcy~tm~nt Subgran[ Application Package EEO CedJficaU~n LeCtern Appendix i -Iage 3 Revised 9/1/99 ocal Law Enforcement Block Grants Program Florida Department of Community Affairs G. Stgnature Page In wimess whereof, the parties affirm they each have read and a~ee to conditions set forth in this a~eement, have read and understand the agreement in its entire~, and have executed this a~eement by their duly authorized officers on the date, month and year set out below. Corrections including strikeovers, whiteouts, eta, on this page are not acceptable. MUST SUBMIT 2 ORIGINAL SIGNATURE PAGES State of Florida Department of Community Affairs Bureau of Community Assistance By: ~_~0~.~ ~J~, ~ Type Name and Tide: Cla,qton H. ~0ilde~, Corantmx~ty Date: ,~-. old. 2.000 Program Administrator Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or D~signat~ Representative) Type'Name qor City of Sebastian Date: /- 2 !- o~ I I FEID Number:. 59-6000427 ~ -~~ implementing Agency Official, Admimstrator or Designated R~resentariv¢ Type Name and Title: Domrd_s R. ~0h~te, Chief o f PoL/.ee I Date: I I Sabgrant Application Package SFY 2000 Section !1- 20 Revised 9/1/99 I Notice: i I Beginning date is March 1, 2000. Only project costs incurred during the project period, as shown on page two of the contract, are eligible for funding under this subgrar,t (see Section F.14 for further information). I I I I i i Activities, obligations and expenditures prior to March 1,2000 will be disallowed costs. If you have any questions about the project period or any other aspect of the Locall Law Enforcement Block Grant Program, please contalct Rachael Fink or Marie Burnley at 850/488-8016. I City of Sebastian, Florida Subject: Plat vacation of portions of Units 16, 17 and 11 Agenda No. Department Origin: City Attorney p/~ovs~cl for Sub/,.mi~ by: _ Exhibits: R-00-14, legal notice, map, application, deed EXPENDITURE AMOUNT BUDGETED: REQUIRED: Date Submitted: 3/2/00 For Agenda off 3/8/00 APPROPRIATION REQUIRED: SUMMARY As previously announced, the water management district has contracted to purchase a large vacant parcel of land south of Englar Avenue and east of the Collier Waterway for a stormwater park. In order to provide clear title for this use, the plat restrictions, most importantly road dedications, must be abandoned. On February 9, 2000, the City Council vacated a portion of the Sebastian Highlands Unit 16 plat, for the initial property to be purchased. The water management district has contracted to purchase additional property and has requested similar action by City Council. RECOMMENDED ACTION Move to adopt Resolution R-00-14 and transmit a certified copy to County officials in accordance with law. RESOLUTION NO. R-00-14 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A PLAT KNOWN AS UNITS 11, 16 AND 17 SEBASTIAN HIGHLANDS; PROVIDING FORi CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Adams and Associates Dev~lopers, Inc., has applied to abandon a portion of Sebastian Highlands Units 11, 16 and 17; as more particularly described below; and WHlgREAS, said applicant has presentedi proof of fee simple ownership of the subject property, proof of payment for outstanding taxes thereupon, and proOf that proper notice of this action has been published; and WHEREAS, the City Council finds that vacation of the portion of the plat requested will not affect the oWnership or right of convenient access of persons owning other parts of the subdivided lands; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: I i i i I I I i I I I I I I I I i i i Section 1. VACATION OF PLAT. The City Council, in accordance with F.S. 177.101, hereby vacates that portion of the plats of Unit 1 I, 16 and 17, Sebastian Highlands, as recorded in Plat Book 7, page 56; Plat Book 8, pages 45, 45A through 45J, and Plat Book 8, page 46, respectively, Public Records of Indian River County, Florida, more particularly described as follows: See attached Schedule "A" Together with all rights-of-way bounded on both sides by said lots and tracts. Section 2. CONFLICTS. conflict herewith are hereby repealed. All resolutions or parts of resolutions in Section 3. EFFECTIVE DATE. This resolution shall take effect upon recording of a certified copy in the public records of Indian River County, Florida. 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 8th day of March, 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 EXHIBIT "A" ~ A parcel of land lying in Section 19, Township 31 South, Range 39 East, Indian River County, Florida, being portions of Blocks 555 and 389. Sebastian Highlands Unit 11, as recorded in Plat Book 7, Page 56-58L, Public Records of Indian River County, Florida. Blocks 544 and 545, Sebastian Highlands Unit 16, as recorded in Plat Book 8, Pages 45-45J, Public Records of Indian River County, Florida, and Blocks 553, 585, 586, 587 and 588, Sebastian Highlands Unit 17, as recorded in Plat Book 8, Pages 46--46P, Public Records of Indian River County, Flodda, being more particularly described as follows: Commence at the Southeast comer of Tract K, said Sebastian Highlands Unit 17, said point being on the West dght of way of Schumann Drive, and also being the Point of Beginning of the herein described parcel, and run South along the East line of Block 588 and the said West right of way of Schumann Drive a distance of 150.00 feet; thence departing said right of way run West a distance of 632.57 feet;, thence run South a distance of 275,00 feet; thence run S 45 degrees 00 minutes 00 'seconds E a distance of 70.71 feet; thence run South a distance of 135.00 feet to the North line of Tract 'J', said Sebastian Highlands Unit 17; thence run West along said North line of Tract 'J" a distance of 220.00 feet; thence run South a distance of 43.77 feet to the Point of Curvature of a curve concave to the Northwest having a radius of 200.00 feet and a central angle of 20 degrees 31 minutes 42 seconds; thence along said curve for an arc distance of 71.66 feet to a Point of Tangency; thence run S 20 degrees 31 minutes 42 seconds W. a distance of 75.00 feet; thence run S 68 degrees 10 minutes 57 seconds W a distance of 79.18 feet; thence run S'14 degrees 00 minutes 00 seconds W a di.~.? -.~ .,' '*_"-..OO feet to the Point 0f Curvature of a curve concave to the Southwest havihg a radius of 38~.74 feet, a central angle of 14 degrees 00 minutes 00 seconds and a chord beadhg of N 83 degrees 00 minutes 00 seconds W; thence along said curve an arc distance of 95.23 feet to a Point of Tangency; thence run West a distance of 418.46 feet to the Point of Curvature of a curve concave to the Northeast having a radius of 235.69 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence along said curve an arc distance of 370.22 feet to a Point of Tangency; thence run North a distance of 511;25 feet to the Point of Curvature of a curve concave to the Southwest having a radius of 50,00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence along said curve an arc distance of 78,54 feet to a Point of Tangency; thence run West a distance of 89.40 feet to the Point of Curvature of a curve concave to the Northeast having a radius of 225.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence along said curve an am distance of 353.43 feet to a Point of Tangency; thence run North a distance of 59.81 feet to the Point of Curvature of a curve concave to the Southeast having a radius of 350.00 feet and a central angle of 22 degrees 27 minutes 45 seconds; thence along said curve an arc distance of 137.22 feet to the Point of Reverse curve of a curve concave to the Southwest having a radius of 50.00 feet and a central angle of 67 degrees 27 minutes 45 seconds; thence along said curve an arc distance of 58.87 feet to a Point of Tangency; thence run East a distance of 49.55 feet; thence run N 45 degrees 00 minutes 00 seconds E a distance of 89.96 feet; thence run S 45 degrees 00 minutes 00 seconds E a distance of 80.12 feet: thence run N 45 degrees 00 minutes 00 seconds E a distance of 80.00 feet; thence run N 45 degrees 00 minutes 00 seconds W a distance of 46.78 feet; thence run N 45 degrees 00 minutes 00 seconds E a distance of 125.00 feet; thence run East a distance of 33.76 feet; thence run South a distance of 51.65 feet; thence run East a distance of,~g....~ ..~a~ to the East line of Lot 29, Black 545, said Sebastian Highlands Unit 16; thence run S 00 degrees 05 minutes 08 seconds E a distance of 330.00 feet: thence run East a distance of 371.09 feet; thence run South a distance of 140.00 feet; thence run East a distance of 952,57 feet to the Point of Beginning. Containing 32.61 acres of land, more or less. Subject to a 125 foot wide Florida Power & Light Company Easement across Blocks 545, 389 and 587. MOSS, HENDERSON, BLANTON. RC~BERT C. CI~ARI~ ESQ. DAVID J. ~TERN, P.A` 4; '&MURPHY, P.A` · IN THE CIRCUIT COURT OF "'~THE NINETEENTH JUDICIAL :."'.',, CIRCUIT IN AND FOR .... INDIAN RIVER COUNTY, ,,, FLORIDA . ' PROBATE DIVISION '. · ( CASE NO. P000060 , IN RE: ESTATE OF :- JEANNETTE F. KRA.USE~ Deceased -NOTICE OF ADMINISTRATION ,The administration of the estate of JEANNETTE F. KRAUSE, deceased, File Number P000060 is pending '"'i. in the Circuit Court for Indian River ". (~oUnfy, Florida, Probate Division, thd ~ddress of which Is 2000 16th Avenue, Vero Beach, FL 32960. · The names and addresses of the Personal Representative and the ~' P~rsonal Representative's altorney are sit forth below. ' ALL INTERESTED PERSONS ARE NOTIFIED THAT: · ~ All persons on whom this notice is 'les/ed .who have objections that challenge the validity of the:will, · !he qualifications of ;the personal representatives, venue, or jurisdic- tion of. this Court ore required fo file their objedions with this Court WITHIN THE LATER OF THREE MONTHS AFTER' THE DATE· OF . THE FIRST PUBLICATION OF THIS ' NOTICE OR THIRTY'DAYS AFTER THE DATE OF SERVICE OF'A ." COPY OF THIS. NOTICE. ON · All a'nditors of the: decedent ~nd Other persons having claims or ~ demands against the decedent's estate on whom a copy of this 8atica is served within three months r. after the date of the first publlca- " tl,~n of this notice, must file their ...[ - ' claims with this Court WITHIN THE LATER OF THREE MONTHS '.' · AFTER THE DATE OF THE FIRST · . PUBLICATION OF THIS NQTICE ' OR THIRTY DAYS AFTER THE DATE.OF SERVICE OF A COPY OF THIS NOTICE ON THEM. · ' All ~ther creditors of the decedent ahd persons having claims or demands against, the decedent'l estate must file their claims with this court WITHIN THREE MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE.· ALL 'CLAIMS, DEMANDS AND OBJECTIONS NOT SO FILED WiLL BE FOREVER BARRED. The date of fha first ihli Notice is Februaw 18, +' ~' San Cie·ante, Attorney for · . ., ~ Personal Represenfativm. Lawrence Y. Leonard, Esq: Moss, Henderson, Blant6n ' Lbnle~, Kret$chmer & Mumhy~ 817 Beochland Boulevard · PO Box 3406 · Vero Beach, Florida (561} 231.1900 r. Florida Bar No. 0000331 Feb. 18,25,2000 : ::184' · For Quick Cash Count on 'LANIER, KRETSCHMER ' . IN THE CIRCUIT COURT OF THE JN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT 19TH JUDICIAL aRCUIT, IN IN AND FOR INDIAN RIVER ' AND FOR INDIAN RIVER COUNTY, FLORIDA. ~. COUNTY, FLORIDA CASE NO. 99-494-CA.09 GENERAL PETER SABON. JOHN and JURiSDiCTION DIVISION MARIE SIMMONS, ' .-. CASE NO: 99 650 CA 09 PlaintiFfs, .: _~ WHITE MOUNTAINS SERVICES vs. ' CORPORATION F/K/A SOURCE STEVE L PRESLEY, : ' ONE MORTGAGE SERVICES Defendant. PLAINTIFF NOTICE OF MORTGAGE vs. FORECLOSURE SALE BY CLERK JAMES L. REID, IF LIVING, AND NOTiCE IS HEREBY GIVEN. that IF DEAD, THE UNKNOWN pursuant to.a Ddault Final Judg- SPOUSE, HEIRS, DEVISEES, mens of Foredos~xe dated the 4th GRANTEES; ASSIGNEES, day at Febcuaryi 2000, and LIENORS, CREDITORS, TRUSTEES entered in Case No. 99-494-CA- AND ALL OTHER PARTIES CLAIM- 09 in the Cecuit Courl of the NJne- lNG AN INTEREST BY, tennth lndlcial Circuit al Florida Ja THROUGH, UNDER OR AGAINST and fas' Indian-Riv~' County, FID/- JAMES L REID; CARROL ,4,. REID, ida wherein PETER SABONJOHN IF LMNG, AND IF DEAD, THE and MARIE SIMMONS me the UNKNOWN SPOUSE, HEIRS, Plaintilfs and STEVE L PRESLEY is DEVISEES, GRANTEES, ASSIGN- the Defendant, that I will sell to the ERS,' LIENORS, CREDITORS, highest bfid ~ bldde~ for cash at TRUSTEES AND ALL OTHER PAR- the July' 'Assembly- Room of it~ TIES CLAIMING AN INTEREST BY, Indian 'River Co·dy C.ourthouse, THROUGH, UNDER OR AGAINST 2000 1.61h Ave·m, Vero Becich, CARROL A. REID;, HOUSEHOLD Florida,'Ot 11=00 A.M. off March 6, FINANCE CORPORAT~ON~ 2000,..l~ne' following described GREEN TREE FINANCIAL SI~RVIC. · Propert~to. wtt: ':I:. ' ' ~' ING CORPORATION; JOHN DOE Lots 20/:21 cid 22, Block 2, AND JANE DOE AS UNKNOWN CARVER'COLY SUB'D, UNIT 1, TENANTS IN POSSESSION occc~dlng to the plat the'eof as DEFENDANT(S) ' r~corded in Plat Book 4, page 87, NOTICE OF FORECLOSURI~ SALE said lands sit~ate, lying and being NOTICE IS HEREBY GIVEN pursu- In Indian Rh~r Court, Florida aba ant 'lc, a Summary Final J~lgment desaibad as the house and las at of foreclosure dated Feb. 10.J 2000 4740 58th Ave., Veco Bea~, Flori- entered in Civil Case No. 9~650 da, 32967 ' · -' ' CA 09 of the Clrcuit Court ~. the DATED thls 141h day of Febn.,:lry, 19111 Judicial Circuit in 6rd for 2000. · . .',, -INDIAN RIVER County, YERO . : ' JelTtey lC Bartonr. BEACH Florida, I will sell to the '. ' C]erk'of the Court .highest'and best bidder for c~sh IN ' . By:.s. BaanieW. Mclntosh~ THE JU~ ASSEMBLY RoOM at .. Deputygerk the INDIAN RIVER County Court. IF YOU ARE A PERSON WITH A house located at 2000 16TH AV~- DISABILITY WHO NEEDS ANY NUE in VERO BEACH, Florid:la, at ACCOMMODATION IN ORDER 11=00 a.m. on.the 10th d~ of TO PARTICIPATE IN THiS PRO- MARCH, 2000 the following CEEDING,. YOU A~ ENTITLED, described propety as set forth In AT NO COST TO YOU, TO THE said Summer? Final Judgment, PROVISION OF CERTAIN ASSiS- to.wit: TANCE. PLEASE CONTACT LOTS 8 AND 9, BLOCK 305, PEGGY WARD, 2000 16TH AYE- SEBASTIAN HIGHLANDS, j UNIT NUF~ YERO BEACH, FL 32960, 10, ACCORDING TO THE! PLAT (561) 770-5185 EXT. 183.WITHIN THEREOF AS RECORDED IN FI. AT 2 WORKING DAYS OF YOUR BOOK 6, AT PAGE 37, OF THE RECEIPT'OF THIS NOTICE .OF PUBLIC RECORDS OF INDIAN SALE IF YOU ARE HEARING RP/ERCOUNTY, FLORIDA.. IMPAIRED OR VOICE IMPAIRE. D, Dated this 11 day of FEBRUARY, CALL 1-800-955-~771. NOTICE Adams and Assockrins In,' hereby Dbms.public noflo Intent to vacate a portion of O p which Is known as Unit 16, Unit and Unit 11 of Sebasflaa lands and which is the city II·ils tiaa, Indian Ri~w County, Such request will be c~sidernd I the City. Council of the Sebastian on March city council chambers, Street, Sebastian, Florida. Feb. 2S, March 3, 2000 J~ey K. C~k of the Circuit By>s-Sandra G. Brown · Deputy Clerk YOU ARE A PERSON WITH A WHO NEEDS! ANY IN ~)RDER PARTICIPATE IN THISI PRO- YOU ARE ENTITLED, COST TO YOU,. TO THE OF CERTAIN ASSIS- PLEASE CONTACT WARD, 2000 16TH AVE- YERO BEACH, FL 32960, Sl) 770-S185 EXT. 183 WITHIN WORKING DAYS OF IYOUR OF THIS NOTIC~E OF IF YOU ARE HF.~RING OR VOICE IMPAIRED, 1-800-9S5-8771. P. 18, 25, 2000 18,~9538r  ur Job is to re Is your choice to fi~ ROBERT S. KAHANE, ESQL IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIrCUiT, IN AND FOR INDIAN RIVER . COUNTY, FLORIDA CIVIL DMSION CASE NO. 000009 CA09 NORWEST BANK MINNESOTA, N.A`, AS TRUSTEE Of THE SOUTHERN PAaFtC SECURED ASSETS CORPORATION MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 1998-1, ' PlaintiFf, VS. STEVEN C. LAFORM, et al Defendants. NOTICE OF ACTION TO~ STEVEN C. LAEORM SHARON LAFORM Residence U~now~ YOU ARE NOTIFIED that an ddian for Foreclosure d Mortgage on the following described propes'~. LOT 6, BLOCK "'H", DIXIE HEIGHTS, UNIT NO. I, ACCORD. lNG TO THE PLAT THEREOF, AS RD:ZORDED IN PLAT BOOK 4, AT PAGE 74, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA` 'a/k/a 219 15111 PLACE SW, . VERO BEACH, FL 32962 has been filed againd you and you are required to serve a copy of your written de(roses, if any, to it, on Vargas, Zion and Kahane, Attorney for Plaintiff, whose address is 4000 HOLLYWOOD BOULEVARD, SUITE 675-S, HOL- LYWOOD, FL 33021 on or before 3/21/2000, a date which Is 'within thirty (30) days dior the first ~bll- cation of this Nolicn In the (Please publish in the Vero Beach Press Journal) and file I~ original with the Clerk of this Court either belore service on Plaint~s afforney or Immediately thefeofl~r; othererlse a default will be edernd against you for the relief d~ea3nded in the complaint. This notice Is pm.dried pursuant to Administrative Order No, 2.03~-~/~6 WITNESS my hand and the seal of this Court this 11th day of Febru. ary, 2000. Jdlmy lC Barton As Cleric of the Court +Linda BIckford As D~puty IF YOU ARE A ~E)~SON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION tN ORDER TO PARTICIPATE IN THIS PRO- CEEDING, YOU ARE E/'4TITLED, AT NO COST TO YOU, TO THE PROVISION OF CEETAIN ASSIS- TANCE. PLEASE CONTACT PEGGY WARD, 20(X) 16TH AVE- NUE, VERO BEACH, FL 32960, (561) 770-51B5 EXT.183 WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS NOTICE OF ACTION. IF YOU ARE HEARING IMPAIRED OR VOICE IMPAIRED, CALL 1-800-955-87-/1. " Feb. 1 B, 25, 2000 1849537r GI~ALL, FAN'ARO & GLEI~N, PA. 6aULD, COOK~ O'NEILL, MARINE iN THE CIRCUIT~ INDIAN RIVE.~ FLOR~ PROBATE C IN RE: ESTATE OFIII EDITH ELFRIDA M.~ Dec~sed. · NOTICE OF AD^~ The administration EDITH ELFRIDAmm deceased, File N~ pending in the I Indian River Coun' bate Division, the is P. O. Box 1028 addresses of the Saliva and the pars fives' attorney are ' ALL INTERESTED NOTIFIED THAT: I All persons on wh, served who have challenge the vali the qualifications repFesentatives' lion of this Court file their objection WITHIN THE LAT[ MONTHS AFTER THE FIRST PUBLICm NOTICE OR THI AFTER THE DATE A COPY OF THI THEM. All c~edltors Of tFill other persons hcl demands against on whom a copy served within three date of the first notice must file.the: · Courl WTHN 1' THREE ,(3) MON~' DATE OF THE TION OF THIS mn THIRTY (:~0) DA~ I DATE OF SERVIC OF THIS NOTICE All other credltor~ and parsons haI demands against. estate must file the Court WITH Ii' MONTHS AFTER THE FIRST PUBLIC NOTICE. m ALL CLAIMS, C OBJECTIONS I~ WILL BE FOREVD The date of the fl this notice Js I~ebn m Personal 135 Sh Waill~le ! IN THE CIRCUIT COURT FOR. INDIAN RIVER COUNTY, FLORIDA ' PROBATE DIVISION File No. P-000069 In Re Estate Of: MARGARET E. COOK, ' · De~eased ' · ., ' NOTICE OF ADMINISTRATION The administration of the estate of MARGARET E. COOK, deceased, File Number P-000069, .is pending in the Circuit Court foe Indian River County, Florida, Probate. Division, the address of which is P. O. Box 1028, Vero Beach, FL 32961. The name and address of the personal rel:h'esenlalive 'and the personal representative's attorney are set forth below. "- ALL INTERESTED PERSONS ARE NOTIFIED THAT: All persons an whom this notice is served, who ha.v~ objections that challenge the validity of the will, the qualifications of the personal representative, venoe~ or jarisdlc- lion of this court, are i;equired to file their objections with this court, WITHIN THE LATER OF THREE MONTHS AFTER THE DATE OF THE FIRST PUBUCAT1ON OF THIS NOTICE OR THIRTY DAYS AFTER THE DATE OF SERVICE' OF A COPY OF THIS NOTICE ON All aeditors of the decndent other persons haying claims Or demands agaitist dncedent's estate, on whom a copy of Ibis notice is served within three months after the date of the first publlcaBon of this notice mug file their dalms with this court"wiTHIN THE LATER OF THREE MONTHS· AFTER THE DATE OF THE FIRST PUBLICA- TION OF THIS'-NOTCE'OR THIRTY DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. · '. ' ' Ail credlh:~s of tho dnc~denf, and persons having rialtos or demands ogalnst the detroit's es~le~ must file lheir claims wBh thlr' court WITHIN THREE MONTHS AFTER THE DATE OF THE FIRST PUBLI- CATION OF THiS NOTICE. ' ALL CLAIMS, DEMANDS AND OBJECTIONS NOT SO !FILED WILL BE FOREVER BARRED.· The date of th6 flrsl publication af this Natlc~ is Feb. 2S, 2000. : Personal RePresentative.. -~-Rlchard G. Cook- - ' 6606 Lakeland Bird; · FL Pierce', FL 34951 . Attorney for Personal Represeatotiv~ ' Ronald S. Fanoro Esq. · Attorney for P. O. Box 690218 ' Personal Represe: Veto Beach, FL 32969-0218 Suscin L Chenoull Florida Bar No. 334723 Gould, Cooksey, Feb. 25, March 10, 20001853194r Marine & Carter, . . 979 Beachland B Vero Beach, FL 3' Telephon~ (561) Florida Bar No. - I~eb- 25, March 3 J. JAMES ABELSON, ESQ. .IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA ' CASE NO: P*000080 iN RE: THE ESTATE OF DOMINICK MARCHESE, PETER JORGENSEN, ESQ. IN THE CIRCUIT COURT FOR DECEASED· THE 19TH JUDICIAL CIRCUIT NOTICE OF ADMINISTRATION In Re Estate Of; IN AND FOR INDIAN RIVER The administration of the estate of W. Bruce Fairwe COUNTY, FLORIDA DOMiNICK MARCHESE, Deceased ' Case No. 000076 CAI3 deceased, pending in the Circuit NOTICE OF ,~[ Assigned to Court for Indian River County Florl. Judg, ORALL, FANAR( iN THE CIRCL INDIANFLcRIV I PROBATE ,IA '&&C Ir 'Ill ' J! Id JlJiC? P~_rmfl: Ap,clica~icn No. !~ City of SebaStian ?~-~Z_¢ Development Order Application Apnlicant (If not owner, written.authodzation {notarb'ed) from owner - F~ N,umZec ( P~oneNumbec(.~ ) Owner (If different from applicant) Name: 'Address: E-Mail: IA. [Project's Name (if applicable): B. Site Information Address: Lot: Indian River County Parcel Zoning Classification: ~xi~ing Use: Description of proposed a~iv~ and pu~ose of ~e req~e~ed pe~it or a~on (a~ch e~m sheets if Unit: Subdivision: Future Land Us~ necessary): To e~ ~ rO o,-, DATE RECEIVED: !Fore-/CD..20Og A,Dpro. jce~j. 08127/97 Il~bOo RECEIVED Type of permit or action reque.~ed:. P' =ASE COMP, ='"TE ONLY THOSE. SE~ON$ WHICH ARE NEC~SS-,RY FOR THE PERMIT OR ACTION TH. AT YOU ARE REQUES~NO. COPIES OF ALL ,MAPS, SURVEYS, DRAWqNG.S, ETC. SHALL BE ATTACHED ANID 81/2" aY 11 ' COPIES OF ANY ATTACHMENTS SHALL ~E INCLUDED. A]-FACH THE APPROPRIAT'~- SUPPLE.METAL INFORMA~ON FORM. '0. Proje~ personnel: Agent~ Name: ACdress Phone Num~ec ( N~me; A~dress ( ) ~one NUmDe~ Engineer: N~me: Addre~ Phone Numbe~ ( ) Su~eyor: Name: i Address Phone Number. ( I' ~-M~il: F~ Numce..-. ( FAX Numoer. ( ) - FAX Numben ( ) - ) . FAX Nur~be~ ( ) Permit A.:clicatcn Nc. ._1 I APPWCA'I-ION, AND -r',-iA'r A~j~-.-.~ INFORMATION,,MAPS, OATA AND/OR $;~ETC,'-i. ES PROVIDE~ IN 'THIS APPUCA~ON ARE AM-mE LEGAL REPRESEN'I'AT'J.'V~E , BEING ~RST OULY SWORN, Ot:-=CSE ANO SAY ,";'HAT: . I AM THE OWNER ..... ~ OF TH~. OWNE~ OF THE PROP~:~i'Y OIE$C..~IBED WHIC~ IS ~.4--I SUB.JECT M.A~R OF l'l-tiS NGTAR¢S SIGNA~RE PRIN~O NAME OF NOTARY - mtForm CD-ZOO'f I P3qe 2 cf 3 A~=oroYed: 08/~T/97 .I Revision: I I Dev~o~menr A~.~lic~c~cn I F~ie Name: Permit Application No. The following is ~equired' for all comprehensive plan amendments~ zoning amendment (including rezoning)~ site plans, conditJona! use permits, special use perth, it~, variances~ e×ception~, and appeals. I/~,/%/E, ~ TNE OWNER(S) TNE LEGAL REPRESENTA~VE OF THE OWNER OF ~'~,'E PRCPER ~'-Y DESCRIBE:.3 WHICH [~ THE SUBJECT ~F TNIS APP~CAT~ON, HERE~.Y AU~OR~ ~ACH AND EVERY MEMBER ~F THE ~CAR~/CcMMISStON ~F THE Ci~ OF S~AS~AN (TME "~OA~D'~COMMIS~]~N~ TO ~HYSICALLY ENTER UPON TNE ~RCFER~ AN~ VI~N THE PROPER~ IN C~NNEC~GN W~H ~/OUR PENDING A~LJCATICN. I/VVE HEREBY WAIVE ANY O8JECT~ON OR DEFENSE I/WE MAY HAVE, CUE TO THE QUASI-JUDIC~AL NATURE CF THE P.,~C~_~ING~, RESULTING FROM ANY ~OARO/CQMMISSION MEMBER ENTE~!NG OR VI~ING TNE PROPERS, INCLUDING ANY C~M OR ASSERTION THAT ~/OUR PRQCEDU~L OR SUBSTANTIVE OU: PRCCES~ RIGHTS UNDER TNE -, ~- ~CNS~TU~GN OR ~HE UN~EO STATE~ CONiStON WEAE ~TED AY SUCH ENTERING OR VI~VING. T",NI$ WAIVER AND CONSEN?..L.~,d~;/G~G_.~..~:SNE,_'3 dY ME/US VOLUNTARILY AND NCT AS ~ RESULT OF ANY CO~AC~ON APPL~E~. OR who is~emonaily ~nown ~o ~r p{~du~ ~ .. as identification, this ~ day of~z~ ~ , ~ P~nted Name of Nota~ ~'¢1~ ~. ~/~¢0' '~ Commi=ion No./~pir~tion ~./4 ¢ ~ : Seal: F~r'm CD-2OO'1 A~roved: 08/27/97 Pa~e 3 of ~ Development Applic. a~'ion ~ Revision: FTle Name: Doe I I I I I I I I I I I I I I I I Permit Apptic~don No. - Supplem. ental information Streets, abandonment of 1. Desc,fibe the street to be vacated (attach description) ~ I ) : ~'~- ¢' ~ ~ 'i "~ C ~' ,"~ v-, ¢.~ ~ ,~ ~ ~..~ "~ a legal 2. Why is ~his abandonment of a street being request? _. 3. Is this street current being used? If so, describe the use: 4.A~ach a map showing the location of the street that the abandonment is being requested. A~pr~ved: 8/27/9?' [ Revision: I F~le ,¥ame: S/stab THIS INSTRUMENt PREPARED SY: IN ,'~E .~F_.FFRLcY tC CLERK CIRCUIT C{~URT INDIAN RIVER SPECIAL WAR.R, ~,NTY DEED THIS SPECIAL WARRANTY DEED, made and enten'd this Ioqq*~'day of December 1997 by ATLANTIC GULF COMMUNITIES CORPORATION, a Delaware cot potation, and having its pdncipa! place of business ,.~ at 2601 South Bayshore Drive, Miami, Flodda 33133-546'. hereinafter called the "Grantor', to ADAMS & --~ ASSOCIATES DEVELOPERS, INC., a Florida corporati~ ~n, whose address is P.o.. :Box' 104'/ j Sebastian, Ftodda 329~, hereinafter called {he "Grantee": , I WITNESSETH: That the Grantor. for and in consideration of the sum of $10.00 and other valuable considerations, mce~pt whereof ,s hereby acimo edged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee all that certain land situate in Indian River County, -- Florida, more partfculady described on Exhibit "A' attached hereto and made a part hereof (the' "Property"): " This Deed is executed subject to the following: i _ (a) ad valorem real estate taxes and special assess+ents for 1998 and subsequent years; (b) all laws, ordinances, and governmental regulati~n.s, inc_Juding, but not limited to, all applic.~ble building, zoning, land use and environmental ordinances and regulations; and (c) restrictions, reservations, easements, covenants, agreements,/imitations and other mat~ers appearing of record. TOGETHER with all the tenements, hereditame anywise appertaining. Further, by acceptance of the Property, Grantee h and run with the land: 3ts and appurtenances thereto belonging or in ~reby agrees the following restrictions shall bind Unless Grantor consents otherwise in wdting, the PT and in no event shall any real estate sales office (o~ the Property) be operated on the Property. In the event of a breach of subparagraph (i) abc available to Grantor, at law or in equib/, Grantor operty shall be used only for residential purposes her than an office used solely to sell portions of ye, in addition to all other dghts and remedies shall be entitled to injunctive relief without the (i) (ii) necessity of posting a bond therefor. Grantor shall also be entitled to recover all costs, including ail attorneys' fees and costs (at all trfei and appellate le,,els), which Grantor incurs in c~nnection with any litigation arising from subparagraph (i). ' TO HAVE AND .TO HOLD, THE SAME IN FEE SI~ IPLE FOREVER. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of the Property in fee simDle; that it has good right and lawful authority to sell and ~manvey the Property; that it hereby fully warrants the title to the Property and will defend the sams .---~c=ins! ~e la':..'":'uJ c-Jaim-*- of a!! persons claiming by and through the Grantor, and that the Property is free of all en~ ,'umbrances except as above set forth. I I I I I I I I I I I I I i I I I I I . IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. ATLANTIC GULF COMMUNITIES CORPORATION, a Delaware corpo~ Ferticj, Senior Vice President Of'A, tlantic Gulf Ccmmunifle~ Corporation, a Delaware corporation, on behalf the corpora~n. He is personally known to me. otary Public D~'~..~..' ~ ._' '=mT'_ _.~ ~: ':~'~..~t'l. p~' IZIHC. UL.~ TZTLE PIC,. ?~0 P . ~.' ~ EXHIBIT. "A" Portions oF the plat of SEBAS'i'~ ]AN HIGHLANDS, UNITSiX, recorded in Plat Bock $, Pag~ 93 throug~h 9?, Public Records of Indian River County,, Ficrida, bain§ p~rticularly described as follows: Lots 20 and 40, Block 176. I I TOGETHER WlTH: Portions of the plat of SEBASTIAN HIGHLANDS, UNIT ELEVEN, recorded in Plat Back 7, Pages 56, 56A thrau§h 56L, Public R~rds of Indian River Count, Florida, being pa~icutarly d~crlbed ~ follows: I I LotsB,4,6,~', 8,9,10 a~d 12 through 15,.BlJck TOG ETH ER WITH: _389, Lots 1 through 19, Black 555. Portions of the plat of SEBASTIAN HIGLANDS,] UNIT FOURTEEN, recorded.b Plat Book 8, Pa~es 43 through 43C, Public Records of Indian River County, Florida, being particularly described ~s follows: Lot 12, Block 503. ': TOGETH ER WITH: Portions of the plat af SEB,-~TIAN HIGHLANDS, UNIT SIXTEEN recorded in Plat Book: 8, Pokes 45, 45 A through 45j, Public Records of Indian River County, Florida, being particularly des~'ribed ~s follows: Tracts G, H, J, K and L, Lots 1 thr°u[ih 22r Block 533, L~ts 8 through 14, Black 534, Lots 2. through 11, Block 535, Lots 1 through 19, Block .~36, Lots ~ thrau§h 14, Black 537, Lots 1 through 26, Black 538, Lots i throu~[h 30, BJock 539, Lots 1 through 19, Block 540, Lots 1 through 36, Black ,541, Lots 1 through 22, Blad< 542, Lots 1 throuEh 9, Black 543, Lots 1 throu§h 16, Block 544, Lots I through 30, Block 545, Lots 1 through 3.5, Block 546~ Lots 1 through 22, Black 54.7, Lnts 1 throu~[h 21, Block 548! Lots 1 through 10, J31ack .549, 1 through 30, Black ~50 and Lots 13, 16, 17, 18, 20 through 3G Black 551. TOGETH ER WITH: Portions of the pl~t of SEBASTIAN HIGHLAND,S, !UNIT SEVENTEEN, recorded in Pl~t Back 8, [=~.o*~ 46, 46A throu*,,h 46P, Public Recard~ of Indian River County, Florida, being'. Da~icuiarfy described as fallows: Lot 13, 8 loci< 446, Lot 14, Black -!..60, Lot I-4, [31C~ck 457, Lots 6 through 9, 11 thrau~'h 15, 17 and 18, Black 553, Lots 15, 16, 17and 19, [31iock 584, Lots I ~nd 2, Bloc[< 585, Lots 5 thrau~[h 22, Blade .~86, Lots 2 through 12, Black 587, Lots 2 through 15, Black 588, Lot 9, /,,~/~ck 604, Lot 18, Block 607, Lot 16, Blad< 60~. I I I i I I