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Home My WebLink About04112001 SE, B AST IRN HOMg OF"PEUCAN ISLAND SEBASTIAN CITY GOUN¢IL AOENDA REGULAR MFETING WEDNESDAY, APRIL '11,200'1 - 7:00 P.M. CITY COUNCIL CHAMBERS '122.5 MAIN STRI=ET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK o ~225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99*2'D 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Dr. Ronald D. Thomas, Sr. - Sebastian United Methodist Church 4. ROLL CALL 5. 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) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 01.094 A. Proclamation - Child Abuse Prevention Month - Teresa Monnett Accepting 7. CITY ATTORNEY MATTERS 8. CITY MANAGER MATTERS 01.018 A. Melrose Pyrotechnics - 4'h of July Fireworks (No Backup) 01,093 B. Barber Street Traffic Condition (No Backup) 1. History of Corridor - Collector Road 2. Traffic Engineering Logistics 3. Efforts for Enforcement 01.080 C. Indian River County Animal Control Board - Respective Responsibility (No Backup) 1-12 01.095 13-16 01.096 17-31 01.097 33-48 01.098 49-52 11. CITY CLERK MATTERS CITY COUNCIL MATTERS A. Vice Mayor Bishop Mr. Barczyk C. Mr. Hill D. Mr. Majcher E. Mayor Barnes CONSENT AGENDA All items on the consent agenda are considered routine end' will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council ~ ~o requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - March 28, 2001 Re;lular Prior Approval for City Clerk Attendance ~t Florida Association of City Clerks Annual Conference in B. Jacksonville - 6/3/01 through 6/6/01 (City ~Clerk Transmittal 4/2/01, Conference Info) C. Resolution No. R-01-26 - Vacation of Easement - Hooker/Poole - Lot 28, Block 457, SH Unit 17 (Growth Management Transmittal4~2/01, R-01-26, Staff Report, Site Map, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN EASEMENT OVER LOT28, BLOCK457, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING;IPROVIDING FOR EFFECTIVE DATE. D. Resolution No. R-01-27 - Vacation of Eas_e~ment - Mellin - Lots 12 and 13, Block 190, SH Unit 6 (Growth Management Transmittal4~2/01, R+01-27, Staff Report, Site Map, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 12 AND 13, BLOCK 190, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING FOR I CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-29 - Support of State P~*ovidin9 More Proportionate Share of E. Funding Regional Planning Councils (R-01.29, Busha Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA SUPPORTING INCREASED FUNDING FOR REGIONAl. PLANNING COUNCILS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 01.085 53-58 01.099a 59-77 O1.099b 79-96 12. PUBLIC HEARING Procedures for public hearings: (R-99-21) · Mayor Opens Hearing , Attorney Reads Ordinance or Resolution · Staff Presentation · Public Input - Limit of Ten Minutes Per Speaker · Staff Summation , Mayor Closes Headng · Council Action Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Celled go to the Podium and State His or Her Name for the Record Second Readin_(~ and Final Public Hearing on Ordinance No. O-01-07 - Land Development Code Text Amendment - Change in Permitted Use (Growth Management Transmittal 4/2/01, 0-01-07, Realty King Letter, Location Map) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-5.3.2 COMMERCIAL LIMITED D/STRICT (CL), CONDITIONAL USES AND 54-2- 6.4 SPECIFIC CRITERIA POR APPROVING A CONDITIONAL USE PROVIDING LIMITED AVAILABILITY OF TWELVE RESIDENTIAL UNITS PER ACRE; PROVIDING FOR REPEAL OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, First Readin(~ and First Public Hearing on Ordinance No. O-01-09 - Davis Comprehensive Land Use Plan Amendment for Transmittal to Department of Communitv Affairs - 2nd Public Hearinq to Be Scheduled Upon Return from DCA (Growth Management Director Transmittal 4/2/01, 0-01-10, Application, Conceptual Plan Under Separate Cover, Mai), Staff Report, P & Z RecommendationJ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATION OF MEDIUM DENSITY RESIDENTIAL (MDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 6 UNITS PER ACRE (L-2) FOR LAND CONSISTING OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. First Reading and First Public Hearin(~ (quasi-Judicial) on Ordinance No. O-01-10 Davis Rezonin.q- 2"d Public Hearing to Be Scheduled at a Later Date (Growth ManaoementDirector Transmittal 4/2_/01, 0-01-10, ADD#cation, Conceptual Plan Under Sel~arate Cover, MaD. Staff RePort, P & Z Recommendation - Procedures on Back of Aclenda) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR EFFECTIVE DATE. 3 13. 14. 01.087 97-106 01 .O86 107-124 01.100 125-140 01.101 141 01.025 143-144 '16. 01.072 01.102 145-160 01.103 161-168 O1.104 169-172 01.105 173-176 INTRODUCTION OF NEW BUSINESS FROM TI'tE PUBLIC item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign.up required - limit of ten minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS Budget Review Advisory Board ApPointments (City Clerk Transmittal 4/3/01, Current Member List, Ad) 1. Councilmembers Barczyk, Bishop and Majcher to Name Appointees for 2 Year Terms to 3/2003 2. interview and Appointment of TwO At-Large Members for 1 Year Terms to 3/2002 Citizen Advisory Task Force Appointments (City Clerk Transmittal 4/5/01, Eight Applications, Ad) 1. Councilmembers to Name One Appointee Each and Appoint Two At-Large Members Tree Advisory Board , (City Clerk Transmittal 4/4/01, Six Applicalions, Member List, Ad) 1. Interview, Unless Waived, and Appoint Three Regular Members with Terms to Expire 4/1/2004 OLD BUSINESS Richard and Jodi Fey - Request for ReleaSe of Bond Money (Fey Letter) Consider Resolution No. R-01-19 Water I~estriction (R-01-19 as Distributed by City Attorney on 3/28/01 ) A RESOLUTION OF THE CITY OF SEBASTIAN, INI~IAN RIVER COUNTY, FLORIDA, ENACTING EMERGENCY WATER RESTRICTIONS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. NEW BUSINESS A. City Hall Restoration Architects - Recommendation to be Presented by City Manager B. Resolution No. E-01-28 - Vacation of Easement - Favret - Lots 3 & 4, Block 15, SH Unit 1 (Growth Management Director Transmittal 4/2/01, R~-01-28, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAI ~1, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 3 AND 4, BLOC~; 15, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Waive Bid and Authorize Purchase of Irrig~tion Supplies from Boynton Pump and Irrigation Supply in the Amount of $8,319.07 - Approve Purcl' ase of Irrigation Heads from Sole Source Supplier Hector Turf in the Amount of $5,098.41 - Appropr ate $13,417.48 from Golf Course Funds to Accomplish (Golf Course Director Transmittal, Quotes md Hector Letter) Approve Purchase of Altec AT235 from Altec Industries, Inc. in the Amount of $54,280 Pursuant to GSA Contract #GS-30F-1028G (Public Wqrks Transmittal 4/5/01, Quotes) Approve Purchase of Bobcat Skid-Steer from Bobcat of the Treasure Coast in the Amount of $18,§00 Pursuant to Federal Government Contract #SPO500-98-D-9033 (Public Works Transmittal 4/5/01, Quotes) 4 01.007 F. 177-180 First Reading of Ordinance No, O-01-11 - Construction Site Port-o-Let Modifications - Set Public Hearing for 5/9/01 (City Attorney Transmittal 4/5/01, O-01-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 26-3, LOCATION OF PORTABLE SANITARY FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, 17, ADJOURN (AII meetings shall adjoum at10:3O p.m. unless extended for up to one half hour by a majodty vote of Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MA TTER CONSIDERED A T THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (256.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcomino Meetinqs: Regular Meeting- Wednesday, Apd125, 2001 - 7pm Regular Meeting - Wednesday, May g, 2001 - 7 pm Regular Meeting - Wednesday, May 23, 2001 - 7 pm Regular Meeting. Wednesday, June 13, 2001 - 7 pm Regular Meeting - Wednesday, June 27, 2001 - 7 pm PROCEDURES FOR QUASI-, UDICIAL HEARINGS IN ACCORDANCE WITH RESOLUTION NO. R-99-12 Disclosure of Ex-Parte Communication. At the time the' Presiding Officer opens the hearing, members of the Tribunal shall disclose ex-parte communications in accordance wit 1 law. Order of Presentation.After 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 present its findings and analysis, The Tribunal shall ask questions of the applicant and staff as it sees fit. 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~espond 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, askir~g such questions as it sees fit. The Presiding Officer then entertains a motion and the Tribunal acts. HOME OF PEUCAN ISLAND SEBASTIAN CiTY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 28, 2001 - 7:00 P,M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Reverend Ellie Lea - First Presbyterian Church ~ Sebastian. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. James Hill Absent: Mr. Edward J. Majcher, Jr. (Excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Finance Director, Mark Mason Airport Manager, Jason Milewski Growth Management Director, Tracy Hass Public Works Director, Terry Hill Parks Superintendent, Chris McCarthy Information Specialist, Ann Rousseau Regular City Council Meeting March 28, 2001 Page Two AGENDA MODIFICATIONS CADDITIONS AND/OR DELETIONS) Items not on the w/ftten agenda may be added only upon a m~jority vote of City Council members (R-99-21) None. PROCLAMATIONSj ANNOUNCEMENTS ANDI0_R PRESENTATIONS 01.079 oI.o8o o Proclamation_- National Public Works Week - American Public Works Association Florida Chapter - Public Works Director Accept ncl ~ Mayor Barnes read and presented the PrOclamation to Public Works Director, Terry Hill. Proclamation - Confederate History Month - Sons of Confederate Soldiers - Florida Cow Calvarv Camp 1680 - Commander Gene Lee Acc.~Dtina Mayor Barnes read and presented the prc~clamation to Commander Gene Lee. Proclamation - Sebastian River Hiah SchOol Band Mayor Barnes read the proclamation honoring the Sebastian River High School Band and urging support for the band's trip to London. i Sebastian River Area Chamber of Commerce Executive Director Beth Perez - Planning Logistics for Pelican island Centennial Celebration (No Backup~ Beth Perez, Executive Director, Sebastian River Area Chamber of Commerce, introduced Penny Chandler, Indian River County Chamber of Commerce, reported on proposed activities and a ten day celebration scheduled for the Pelican island Wildlife Refuge Centennial Celebration in 2003. She said the group that has been meeting!to discuss the proposed celebration recommends that a steering committee be established to promote the event and seek out participation by other organizations. She requested City Council endorsement of a joint committee of both Chambers which will then work to include other participants. City Council members present unanimously endorsed the effort. Mayor Barnes requested periodic reports from the committee. CITY ATTORNEY MATTERS Ao Rer)ort on Vicious Docks as ReQuested at 3/14/01 (No Backup) The City Attorney reported that if Council Wished to pursue some type of action, he could draft language, and further suggested that he could contact someone expert in different species to address Council. He advised that in most ~cases, dogs are given one opportunity and once bite, hearings are required. Discussion took place on videotaping the animal's activities to demonstrate the threat imposed; the need to keep animals under control, i.e. leashed or within an enclosure; and the possibility of beefing up the City's fencing requirement. Bruce Stewart, Jordan Avenue, Sebastian~addressed Council relative to a vicious dog adjacent to his property, stating that it is the City's responsibility to protect its citizen; and agreed to submit photos of the dog to the City Manager. Thee City Attorney advised Mr. Stewart that Animal Control is a County jurisdiction issue. Mr. Stewart Was advised that staff could contact County personnel to ascertain what steps could be taken. 2 Regular City Council Meeting March 28, 2001 Page Three 8, CITY MANAGER MATTERS 01.081 A. Report on Publix Landscaping (No Backu/~) The Growth Management Director said the Publix project was approved under the less stringent provisions of the prior Land Development Code; gave a brief update on coordination with the developer to upgrade the landscaping; and advised that replacement trees and shrubs will be installed by next Tuesday. TAPE I - SiDE II (7:47 p.m.) B. Report on Barber Street Traffic Controls The City Manager reported that he had been working with the City Engineer on Barber Street traffic control. He distributed a letter dated November 29, 2000 from Christopher Mora, Indian River County Traffic Engineer, regarding proposed traffic signals at Barber and Schumann and Barber adjacent to the fire station (see attached). He advised that these issues can be addressed in the upcoming budget; and further discussed the installation of enhanced signage on Barber Street. City Council discussion followed on the possibility of establishment of a four way stop; and including interested citizens in the process. The City Manager advised that citizens can contact City Engineer, Ralph Brescia. It was suggested that radar be used more often, and brighter signs be used. Discussion took place on uniform speed limits, which the City Manager stated, is an engineering issue. It was the consensus of City Council to direct the City Manager to move forward on this matter. The City Manager reported on today's newspaper article and comment bY County Chairperson Caroline Ginn regarding redistricting, noting that City Council had recommended further representation for the north county and not a single seat for the City of Sebastian as stated in the article. He advised that Chairperson Ginn had apologized for her comment and stated she had been misinformed. 9, CITY CLERK MATTERS None. 10. CITY COUNCIL MATTERS 01.082 A. Mayor Barnes Discussed the Capital Sanitation payment process. The City Attorney advised that people who paid in advance are being charged a retroactive franchise fee by Capital Sanitation, and that he had advised people that if their checks were accepted as paid in full they may not have to pay the additional charge. ADoointment of City Council Liaisons to Indian River and Various Governmental Boards (_City Clerk Transmittal 3/21/01, Liaison List) All positions remained the same (see list attached). Mayor Barnes said he would contact Nancy Diamond for periodic updates on the Indian River County Parks and Recreation Committee. Regular City Council Meeting March 28, 2001 Page Four B. Vice Mayor BishoD Mayor Barnes reported he had a meeting ~scheduled for April 12, 2001 with Commissioner Fran Adams, and representatives of other municipalities; updated Council on problems with the Sebastian aquifer; and urged enforcement of existing restrictions. Mr. Bishop suggested having emergency restrictions in place so that if a further emergency arises it can be adopted immediately. The City Attorney advised that further restrictions can be done by resolution in accordance with the water restriction ordiqance and said he would distribute a proposed resolution to Council during recess. Mr. Bishop asked that the item be placed on the next agenda and Mr. Hill suggested a workshop. C. Mr. Barczyk Mr. Barczyk reported on an Indian River C~3unty Code Enforcement Board meeting; inquired about the status of the Capital Sanitation agreement rewrite, to which the City Attorney responded it would be on the next agenda; and askedWhat can be done with Cornerstone Property, to which the City Manager responded he had asked .Code Enforcement to look into it and the possibility of liening the property. TAPE II - SIDE I (8:35 p.m.) The Growth Management Director said he was meeting with a developer who is purchasing a portion of the Cornerstone property tomorrow. Mr. Barzcyk was advised that Schumann Drive median improvements are on-going and the Public Works Director invited Mr. Barczyk to visit the fountain with him. D. Mr. Hill 11. Mr. Hill stated that the skateboard park, arid City playground improvements are looking great. E. Mr. Maicher Absent. J CONSENT AGENDA All items on the consent agenda are considered routine and v~ill be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council sol requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 3/14/01 Regular, 3/19/01 Special 01.018 01.083 Waive Competitive Bid Procedures and Au Award to Melrose Pyrotechnics, Inc. in the Year (General Services Administrator Tran Authorize Purchase of Three Decatur Gem; Company, Inc. in the Amount of $11,985 (~ Installation by Sonic Sounds, Inc. in the Art :horize Fourth of July Fireworks Three Year Contract Amount of $12,500 Per Year with 10% Bonus for Third ~mittal) ni In-Car Video Systems from Law Enforcement Supply ;11,081 from Local Law Enforcement Block Grant) and ount of $296 (Police Transmittal, Photo) 01.084 Resolution No. R-01-25 - Vacation of Easement - Century 21 Professionals Office Building - Lots 1, 2, 3, Block 185, Sebastian Highlands Un!it 8 (Growth Management Transmittal 3/21/01, R-01- 25, Application, Site Map, Staff Report, Utility Letters) 4 Regular City Council Meeting March 28, 2001 Page Five A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1, 2, AND 3, BLOCK 185, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE, The City Attorney read Resolution No, R-02-25 by title. Mr. Bishop removed item A and Mr. Hill removed item B. MOTION by Barczyk/Hill "1'11 make a motion to approve C and D." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr, Majcher - absent Mr. Hill - aye MOTION CARRIED 4-0 Item A - Minutes Mr. Bishop noted a typo on the March 14, 2001 Hill Matters which, he was advised by the Clerk, had been corrected. MOTION by Bishop/Barczyk "1 make a motion to approve consent agenda item A," ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-0 Item B - Fireworks Mr. Hill expressed concern for limiting future fireworks celebrations by entering into this agreement for the next three years, based on prior year's displays. The City Attorney advised that additional displays can always be ordered; and the City Manager recommended bringing in a representative of the company to address City Council on the matter to possibly renegotiate. MOTION by Hill/Barczyk "1 would move approval of item B of the consent agenda." ROLL CALL: Mr, Barczyk - aye Mr. Majcher - absent Mr, Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-0 Regular City Council Meeting March 28, 2001 Page Six 01.078 01.085 12. It was the consensus of Council to direct tqe City Manager to look into additional displays with the company. PUBLIC HEARING A. Public Hearin(~ and Final Ado.Dtion of Ordihance O-01-06 - Rel~ealin~ O-99-38 Police Pension Amendment (City Clerk Transmittal, 0-01~06) AN ORDINANCE OF THE CITY OF SEBASTIAN, REPEALING ORDINANCE NO. 0-99-38; (POLICE PENSION MODIPICATIONS) PROVIDING FOR AN EFFECTIVE DATE PROVIDING FOR CONFLICTS. Mayor Barnes opened the public hearing at 8:45 p.m.; and the City Attorney read Ordinance No. O-01-06 by title and briefly explained its pLirpose. Being no input, Mayor Barnes closed the Public hearing. MOTION by Barczyk/Hill i "1'11 move to adopt Ordinance O-011-06." ROLL CALL: MOTION CARRIED 4-0 Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk -absent - aye - aye -aye - aye Mayor Barnes called recess at 8:45 p.m. and reconvened the meeting at 9:02 p.m. All members present at roll call were present when the r~eeting was reconvened. First Reading and First Public Hearinc~ on Ordinance No. O-01-07 - Land Develo~)ment Code Text Amendment - Change in Permitted Use - Schedule Second Public Hearing and Final Adoj3tion for 4/11/01 (Growth Mana.clement Transmittal 3/21/01, 0-01-07, Realty King Letter. Location MaD) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-5.3.2 COMMERCIAL LIMITED DISTRICT (CL), CONDITIONAL USES AND 54-2..6.4 SPECIFIC CRITERIA FOR APPROVING A CONDITIONAL USE PROVIDING LIMITED AVAILABILITY OF TWELVE RESIDENTIAL UNITS PER ACRE; PROVIDING FOR REPEAL OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDINGFOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at~ 9:03 p.m.; and the City Attorney read Ordinance No. O-01~07 by title The Growth Management Director explained the proposed text amendment is based on ZCS Senior Housing's request for City Council support for its facility; that it will allow up to twelve units per acre in commercial limited zoning districts as a conditional use. He advised that following this first hearing, Planning and Zoning will condJct a hearing on April 5, 2001 and then it will come back to City Council for a final hearing on A3ril 11, 2001. The City Attorney advised that the conditional use only applies in the event the use qualifies as a state or federally sponsored housing initiative. Being no further input, Mayor Barnes closed the public hearing. Regular City Council Meeting March 28, 2001 Page Seven MOTION by Hill/Bishop "1 move that we hold a first reading and public hearing for Ordinance No. O-01-07 and schedule a second reading and public hearing for April 11, 2001." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent MOTION CARRIED 4-0 01.086 First Public Hearin_q on Florida Department of Community Affairs Small Cities Community Develoj3ment Block Grant (CDBG) - Second Public Hearinq 4/25/01 (Public Hearinq Ad) Mayor Barnes opened the public hearing at 9:12 p.m. and the City Manager read Resolution No. R-01-23 by title. The City Manager made a brief presentation and sought authorization to apply for grant funding for Louisiana Avenue infrastructure improvements such as drainage, sidewalks, etc. in the approximate amount of $600,000. He then introduced Fred Fox, who will act as the City's representative in the administrative process. Mr. Fox distributed a sign-up sheet to the audience as a requirement of the fair housing workshop. He then proceeded to explain that this is the first of two required hearings for the Community Development Grant application process, and explained the four categories and use of CDBG funds available. He advised that the program mandates that the funding benefit Iow to moderate income people; and focused on Neighborhood Revitalization which includes all types of public works projects such as water, sewer, drainage, recreational, paving, etc. Receive Citizen Input on the Community's Economic and Community Development Needs Edmund Tourigny, 150 Grace's Landing #112, said Louisiana Avenue is treacherous for walkers. Robert Kipka, 1010 Grace's Landing #102, suggested connecting a Louisiana sidewalk with a Main Street sidewalk. Leona Raymond and George Murray, Grace's Landing had signed but declined to speak at this time. Others who had signed were signed up for another item. Doug Flood, 924 Louisiana Avenue, Sebastian, asked if Louisiana Avenue residents will be involved in the development of the improvements. The City Manager advised that he was seeking authorization to apply for the grant TAPE II - SIDE II (9:30 p.m.) and that a new citizens advisory task force must be established for appointment by Council on April 11,2001 and a task force meeting on April 18, 2001. It was decided that each City Council member would appoint one member and then two at-large members will be advertised for and appointed. Mr, Fox advised that a survey of the subject location will be undertaken. 7 Regular City Council Meeting March 28, 2001 Page Eight 13. Fair Housino Workshop to Ex. plainl Fair Housina Ordinance [Fair Housin(~ Ad) Mr. Fox explained that the City passed a fair housing ordinance (Ordinance No. O-95-07) which was adopted in 1995, and tllat in addition to this fair housing workshop conducted tonight, one other fair housing workshop will be conducted on April 25, 2001 for real estate professionals in the community. He said there are copies of the ordinance available to the public. Resolution No. R-01-23 - Authoriziln(~ the City Manager to Apply for Grant Funding, from State of Florida Small Cities Community D.,evelopment Block Grant Program for Necessary Physical ImDrovementsl to City s Low to Moderate Areas (City Manager Transmittal 3/22/01, R-01.23) ~ MOTION by Barczyk/Bishop ' "1 move to approve Resolu~tion R-01-23 authorizing the City Manager or his designee to apply for funding from ithe State of Florida Small Cities Community Development Block Grant Program for the necessary physical improvements to the City Iow to moderate ." ~ ROLL CALL: Mayor Barnes - aye Mr. Bishol - aye Mr. Barcz, 'k - aye Mr. Majcl~ Dr - absent Mr. Hill - aye MOTION CARRIED 4-0 Citizens Advisory Task Force - Re¢ 2001 uest for City Council Appointee Names by April 11. See prior discussion. INTRODUCTION OF NEW BUSINESS FROM THI~ PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda, sign-up required ~ limit of ten minutes for each speaker Mort Smedley and Nelson Vose presented a petition regarding increased traffic on Barber Street. (See title page attached). Bill Comeau, 1711 Barber Street, Sebastian, said that every police officer should be enforcing the codes of the City. Dan M0ra, 1673 Barber Street, Sebastian, said he and his wife are afraid to back out of their driveway on Barber Street. Lawrence Flynn, 1670 Adde Street, Sebastian, recdmmended a pedestrian crossing light at Barber and Schumann; and expressed concern regarding construction trucks using Powerline Road. Sal Neglia, Sebastian, agreed with stated recommendations on further water restrictions; discussed boat trailers parked behind the Chamber of Commerce and lack of enforcement of no parking regulations; and expressed concern about the paint color on the Mel! Fisher museum. The Growth Management Director said letters are being mailed out to all property owners regarding color provisions. Regular City Council Meeting March 28, 2001 Page Nine 14. COMMITTEE REPORTS/RECOMMENDATIONS 01.087 A. Budqet Advisory Review Board 1. Request for City Council Appointee Names by April 11, 2001 (City Clerk Transmittal 3/21/01, Current Member List, Code Language) City Council was advised that Budget Advisory Review Board appointments will be made at the April 11,2001 meeting therefore they should submit their appointees' names prior to that date. 15. OLD BUSINESS 01.025 A. Water Restriction (No Backup)) The City Manager provided Council members with water conservation posters. 16. NEW BUSINESS 01.088 Resolution No. R-01-24 - Communications Workers of America/Collective Barqaining Agreement - 4/01/01 - 09/30~03 (City Manager Transmittal 3/22/01, R-01-24) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE COLLECTIVE AGREEMENT WITH BARGAINING UNIT OF THE CWA FOR TWO AND ONE-HALF YEAR PERIOD; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-01-24 by title. Steve DiTrapano, staff member and CWA representative, stated this was a good contract and thanked all those involved. Mr. Bishop expressed concern that there was no reference in the backup to changes from the previous contract, and requested, in the future, a copy of the prior contract to make comparisons. TAPE III - SIDE I (10:20 P.M.) MOTION by Hill/Barczyk "1 would move to approve Resolution R-01-24 authorizing the City Manager to execute the Collective Agreement with the bargaining unit of the Communications Workers of America for a two and one-half year period, beginning April 1, 2001 through September 30, 2003." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill ~ aye Mayor Barnes - aye MOTION CARRIED 4-0 9 Regular City Council Meeting March 28, 2001 Page Ten 01.011 B. Resolution No. R-01-21 ~ Establishing RatE [Finance Transmi~al 3/20/01, R-Of-21, Ex s and Hours of Operation for Skate Park Facility ,m~le of Fee Schedule and Waiver, Example of Punch Card) ~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO HOURS OF OPERATION AND FEES AT THE SKATE PARK FACILITY; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-21 by title; and the City Manager briefly described the development of the rate schedule. MOTION by Bishop/Barczyk "1'11 make a motion to extend the meeting no later than 11 pm." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill - aye MOTION CARRIED 4-0 Discussion continued on rates and the nee( afford to use the park. The City Manager a I for avenues to ensure that everyone will be able to ~vised that, based on grant requirements, the user fee has to be equal for all users. It was suggested that periodically the City could sponsor free days. The Finance Director advised that fees canl be changed at any time once costs are determined. Carolyn Corum, Dolores Street, Sebastian, said she hoped that this would not be treated as an enterprise fund and suggested a nominal annual membership fee. MOTION by Bishop/Barczyk "1'11 move to adopt Resolution R-01i21 ~" ROLL CALL: Mr. Barczyk ~ - aye Mr. Majcher i - absent Mr. Hill ~ - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-0 01.089 C. Resolution No. R-01-22 - Authorize City Manager to Execute Joint Participation Agreement (JPA) for Construction of a Maintenance Facility ahd Purchase of Equipment for Sebastian Municipal Airport (City Manager Transmi~al 3/20/01j ~-01-22~ A RESOLUTION OF THE CITY OF SEBASTIAN, IND~IAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO EXECUTE PUBLIC TRANSPORTATION JOiNT=PARTICIPATION~ AGREEMENT WITH FDOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE, The City Attorney read Resolution No. R-01922 by title, and the Airport Director briefly addressed Council on this and the next agenda item, ]0 Regular City Council Meeting March 28, 2001 Page Eleven MOTION by Bishop/Barczyk "1 move to adopt Resolution R-01-22.' ROLL CALL: Mr, Majcher - absent Mr, Hill - aye Mayor Barnes - aye Mr, Bishop - aye Mr. Barczyk - aye MOTION CARRIED 4-0 01.090 Approve Purchase of Tractor and Cutter from John Deerc in the Amount of $40~760.70 frorn State Contract with 80% Funding from FDOT (Airport Transmittal 3/22/01, Quote on State Contract MOTION by Hill/Barczyk "1 move to approve the purchase of a tractor and cutter from John Deere in the amount of $40,760.70 and appropriate same." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill - aye MOTION CARRIED 4-0 01.091 Waive Biddinq Process and RLS Lighting of Hollywood, FL Install Li. ghtin(~ for Four New Tennis Courts at Schumann Tennis Park for $26~ 817 (Parks Transmittal 3/22/01, Quotes, Park Superintendent Memo) The Parks Superintendent briefly explained the sole source based on prior fixture installations at the courts. Mr. Hill expressed concern for waiver of bids. MOTION by BarczyldHill "1 move to waive bidding process and have RLS Lighting of Hollywood, FL install lighting for the four new tennis courts at Schumann Tennis Park for $26,817.00. ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr, Bishop - aye Mr, Barczyk - aye Mr. Majcher - absent MOTION CARRIED 4-0 Regular City Council Meeting March 28, 2001 11 Page Twelve 01.092 First Reading of Ordinance No. O-01-08 - Amendina Chapter 30, Article II Licensina (Finance Transmittal 3/20/01, O-01-08) AN ORDINANCE OF THE CITY OF SEBASTIAN1 FLORIDA, AMENDING CITY CODE CHAPTER 30 ARTICLE Ii LICENSING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FORAN EFFECTIVE DATE. The City Attorney read Ordinance No. O-0t-08 by title and the Finance Director briefly advised that this is a clean-up and strengthening of the ordinance, He responded to questions from Council regarding deletion of certain occupations. The Finance Director stated that these types of facilities are not allowed in the City. 17. MOTION by Barczyk/Bishop "1 move to approve Ordinance O-0' 25, 2001 and authorize the advertisement ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop MOTION CARRIED 4-0 Being no further business, Mayor Barnes adjourned 1-08 on first reading and set a public hearing for April ~f same." - aye - absent - aye - aye - aye the Regular Meeting at 10:57 p.m. Approved at the ,2001 Regular City Council Meeting. Walter Barnes Mayor Sally A. Maio City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 095' Subject: Prior Approval for City Clerk Travel Agenda No. Florida Association of Cit7 Clerks Annual Conference Department Origin: City Cler Ap~Submittai, b~anager Date Submitted: 4/02/01 Exhibits: Conference Information Expenditure Required: Education - $155 (Registration) Travel - $450 (Approx.) Hotel/Food/Travel Amount Budgeted: Appropriation Required: (Remaining) Education - $1500 Travel - $3412 SUMMARY STATEMENT Section 2-77 provides that "Charter officers shall obtain prior approval of the City Council for any travel which is to be reimbursed by the City." I am requesting City Council approval for my attendance at the Florida Association of City Clerk's Annual Conference to be held Sunday, June 3, 2001 through Wednesday, June 6, 2001 atthe Omni Hotel, Jacksonville, Florida. RECOMMENDED ACTION Move to approve City Clerk attendance at the FACC Annual Conference at the Omni Hotel Jacksonville, June 3-6, 2001. 2001 FACC Annual Conference Registration Return completed form with registration fees to: FACC Annual Conference, c/o Florida League of Cities, RO. Box 1 757, Tallahassee, FL 32302. Make checks payable to FACC Ar~nual Conference. Please type or print information requested. Complete a separate form for each registrant. Unless payment in full accompanies this form, advance registration will not be processed. If paying by credit card, only Mastercard and Visa will be accepted. This form is for conference registration only and not for hotel reservations. Mailing Address City/State First Name or Nickname Zip -~2~"~ Work Phone Number Fax Number ( Spouse/Guest Full Name ~'J fA First Name or Nickname (IF ATTENDING) O~ce Contact Person ~~~~~-- Phone Number (__ Current Ce~ification (i.e, CMC/MMC) ~¢ ~ First Time A*endee: Yes ~J Credit Card Number Visa/Mastercard Expiration Date Card Holder's Name Card Holder's Address PAYMENT AND CLASS Type of Registration Please check only one: Registration Fees FACC Member FACC Non-Member Corporate Sponsor/Exhibitor Spouse/Guests ROSTER (REVERSE SIDE) MUST ACCOMPANY EACH REGISTRATION I On/Prior Fee After I To 5/2/01 5/2/01 Fee Paid I $155.00 $290.00 $165.00 $180.00 $ 75.00 $85.00 $35.00 $45.00 $15.00 $20.00~ Other Fees Extra Association Night Ticket $25.00 Extra Tuesday Evening Event Ticket $35.00 Children under 13 $15.00 Children 1 3-1 8 years old $20.00 Total Amount Due Registration Fee: One Registration Form Per Registrant - Covers admission to all sessions, refreshments, Association Night, Tuesday Business Luncheon and Tuesday Evening Event. Spouse/Guest Registration fee covers all of the above with the exception of Tuesday Business Luncheon. Special Needs If you are physically challenged and require special services, or if you have special dietary needs, please attach a written description to your advance registration form. Cancellations must be received and confirmed in writing by 5:00 p.m., Friday, May 11, 2001 to entitle registrant to a refund of registration fees less administra- tion fee of 25% of registration fee. OFFICE USE ONLY Payment Received Check # Date Received Amount City of Sebastian, Florida Subject: ResolUtion No. R-01-26 Vacation of Easement - Hooker/Poole Lot 28, Block 457, Sebastian Highlands Unit 17 Exhibits: 1) R-01-26 2) StaffReport EXPENDITURE REQUIRED: None Agenda No. ~)/' Department Origin: Grow~ Manage~ent Date Submitted: 4/02/01 I ~ -- For Agenda of: 4/11/01 3) Site Map 4) Application 5) Utility Letters AMOUNT BUDGETED: APPROPRIATION None REQUIRED: None SUMMARY This is a request for vacation of eight (8) feet of the rear twenty (20) foot public utility and drainage easement located on Lot 28, Block 457, Sebastian Highlands Unit 17. The applicant wishes to construct a swimming pool and screen enclosure in this area. All utilities have recommended approval of this request. Adopt Resolution No. R-01-26. RECOMMENDED ACTION RESOLUTION NO. R-01~26 A RESOLUTION OF THE CITY OF! SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATiNG A CF_dRTAi~ EASEMENT OVER LOT 28, BLOCK 457, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROViDiNG FOR RECORDING; PROVIDiNG FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for :onstmction of a swimming pool and screen enclosure on Lot 28, Block 457, Sebastian Highland~ Unit 17 within the City of Sebastian; and WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of a portion of the rear public utility and drainage easement of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage ieasement described as follows: The southwestem most eight (8) feet of the northeastern most twenty (20) feet of Lot 28, Block 457, Sebastian Highlands Unit 17, less the northwestern six (6) feet and the southeastern six (6) feet thereof, as recorded in Plat Book 8, Page 46, of the Public Records of Indian River County, Florida. all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. herewith are hereby repealed. All resolutions or parts of resolutions in conflict Section 3. RECORDING. This records of Indian River County, Florida. Section 4. EFFECTIVE DATE. immediately upon its adoption. The foregoing Resolmion was moved The motion was seconded by and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. resolution shall be recorded in the public This resolution shall take effect for adoption by Councilmember Councilmember The Mayor thereupon declared this Resolution duly passed and adopted this ,2001. CITY OF SEBATIAN, FLORIDA day of ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for re!i/ar)c. Mhv the City,of Sebastian only: 'c ' g , City Attqt,tcy ABANDONMENT OF EASEMENT StaffRep~rt Project Name: Prop~y of Sam Hooker & Klm Poole Requested Action: Abandonmem of the public utility and drainage easement located on the southwest eight (8) feet of the northeast twenty (20) feet of Lot 28, Block 457, Sebastian Highlands Unit 17, less the northxVest six (6) feet and the southeast six (6) feet thereof. 41 Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: Project Description: 45 Joy Haven Drive Lot 28, Block 457, Sebastian Highlands Unit 17 Sam Hooker & Kim Po01e 133 Cardinal Drive Sebastian, FL 32958 John Lloyd Builders Inc. 9432 U.S. Highway #1 Sebastian, FL 32958 a. Narrative of proposed action: Applicant wishes to abandon the southwest eight (8) feet of the northeast twenty (20) foot rear public utility and drainage easement on Lot 28, Block 457, Sebastian Highlands Unit 17, in order to construct a swimming pool and deck. b. Zoning: RS-10 c. Future Land Use: LDR Existing Land Use: House under construction Utilities COmments: a. Florida Power & Light: b. Southern Bell: c. Charter Communications: d. indian River County Utilities: e. City Engineer (drainage): Growth Management Director Comments: Staff Recommendation: approved approved approved approved approved none Approve Resolution R-01-26. Prepared by Date City of S Develop ebastian ~ent Order Application perrrlR ApptiP.~tt,,n No. -Applicant (tf .o~ ownmrj w, .rftt.. muthorizatiar~ {notartzmd) ~ owner L~ required)_ Name: ' Phone NU~bec ( ) ~ - ~X~ F~ Num~c ( ) - T' Indian River ~un~ Pal ~1 ~ ' ' ' Zoning cta~l~tion: Fmum Lan~ Use: or C. D~cnp~oq of Project P~r~o~neL ._ Agent: Name: Address Phcme Num~ ( E-Mail: Attorney: Name: Number':. ( ) E-Mail: E-Mail: FAX Num~,ec, ( )" PAX Number, SurVeyor: .... Phone Numl3en ( ) ~ - ~<~ ~ FA~X Nurrtbec ( )'~t~ - ~-~ E-Mail: Permit Applk=atton The following Js rbClUired for ali aQmp~heflsfve plan mmendmen~, zoning mmendmenS ~ncluding ~zonl~, s~e pla~ ~ndlfionai ~e pe~i~, special use pemi~, o~op~ and appeals. ~ ~ WA~ A~ ~EC~ OR DEFOE ~E ~Y ~, DUE TO ~E Q~5~JUDI~L ~RE OF ~E , ' ~ ~ ~R®vA~Iolt: la'ag~ of 3 15~12345599 permit Alu~iica~lan No. PAGE Sdpplemental Information Easement=,vacatjon of be the easement to be vacated (prOvkie a leg{a{ description., if possible): Why is this vacatton of an easement berg reque~ 3. ^ttach a survey showing the location of the ipruperby lines, all aasem.ents and all on the property, File Name[ ,~_~v Ci~,~ of Sebastian 122.5 lv~AIN STREET Q SEBASTIAN, FLOPdDA 32[}58 TELEPHONE (561) 5.~9-5537 71 F.M-~' (56I) 589-2566 February 5,200I DesPrtlation of Easement to he ~bandoned: ~e punic ufili~, and d. rai.aage easement located on the southwest eight (8) feet of the noruhea~.t m,enty (20) feet or' Lot 28, BloCk 457, Sebastian Highlands Unit 17, les~ the n~rthwes, six (fi) 'D¢~ ~.~ the, southeast six (g) fee~ UTILITY: Pedro Rubiera, FFL APPROVED: J~ . D ']i22gED: APPROVED/DENIED BY:__ ~_~~ ~ (~gaarure.) COMMENTS: (56I) 489-6224 Rct~m to: Dorri Boswm~h City of Seba~'tian, Exowth Managemc*nt Department No. (561") ~89-2566. BELLSOUTH BellSouth Telecommunications, inc. 3300 Okeechobee Road Room 213 Fort Pierce, FL 34947-4552 March 21, 2001 Don-is Bosworth City of Sebastian 1225 Main Street Sebastian, Florida 32958 Billie C, Greenlief General Manager-Network Operations indian River Division 561 468 9970 Fax 561 466 4705 RE: Release of Easement for Lot 28, Block 457, in Sebastian Highlands Unit 17 Dear Ms. Bosworth: Per your request, BellSouth has no objections to tlr e abandonment of the utility easement as described here/n: ~ The release of the utility and drainage easement lo :ated on the southeast eight (8) feet of the northwest six (6) feet and the southeast six (6)!feet thereof. We have no facilities w/thin this portion of the said utility easement. For further assistance, please contact Kirk Walker fat 561-468-5538. Yours truly, ~q3illie C. General Manager City af Sebastian 1225 MAiN STP,.~T ~ SEBASTIAN, FLORIDA ~2958 TELI~HONE (561) 599-55'~? [] FAX ($61) 589-2566 REOUEST FOR ABA_NDO._AtMENT O1~ February 5, 2001 Deseriotion of~asumeat to be abandoned: The public utility and drainage easement located on the southwest eight (g) feet of the nartheast twenty (20) fe~t e,f Lot 28, Bloek 457, Sebastian Higtflands Unit 17, less the northwest six (6) feet mad tho southeast ~ix (6) faet thereof. UTILITY: Ken Vieker~, Char~mmuaieafioas APPKOVED:~EN]ED: APPROVED/DENiF~ BY: COMMENTS: FAX NO: DATE: Return to: Dc~rri Bosworth, City of Sebmtima, Growth Mmaagem~t Deparmaent Fax No. (561) 589-2566. 02/87/28Bi 12:16 5Bi7705143 .._.-~-~. 5,8081 3:09~M BLDG D~PT SEBASTIAM UTILITY ~9-2566 TELEPHONE (561) 589-5~37 Q i:AX (561.)'5t February 5, 2001 ])eseriutlo~a of E~ement to be aban~o~id: Thc pi&lic utility and drainag~ ~asernent lo~at~d on the Soulhwest eight ($) feet of tlie noffile~ ,t~,~,, (20) f~et of Lot 28, Block 457, Sebastian Highland.~ Unit 17, le~ Me northwest mx (6) feet and the southeast six (6) feet thereof. UTILITY: Steve Dgyle, LR.C, Utilities APPROVED: DEI~ lED: APPROVED/DENIED BY: ~~ ~ COM/ViENTS: FAX NO: (si amre) 770..5143 Retam to: Don-i Bosworth, City of S~basfia~ GW~ Management Depactn'~ent Fax No, (561) 589-2566. BLD~ DEPT SEBASTIAM P. City. of Sebagi~m 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 rn FAX (561) 589-2566 REOUEST FOR ABANDONMENT OF EASEMENT February 5, 2001 Deserij~tion of Easement to be aban~done~: The public utility and drayage easement located on the southwest eight (8) feet of the northeast twenty (20) feet of Lot 28, Block 457, Sebastian Highlands Unit 17, less the northwest six (6) feet and ~e southeast six (6) feet thereof. UTILITY: APPROVED: J APPROVED/DENIED BY'. COMMENTS: Ralph Brescia, City Engineer DENIED~5~ (signarm'e) FAX NO: 589-6209 Iq. crum to: Dom Bosworth, City of Sebasti~, Growth Mm~agemen, Depm~ment Fax No. (56I) 589-2566. City of Sebastian, Florida Subject: Resolution No. R-01-27 Vacation of Easement - Mellin Lots 12 & 13, Block 190, Sebastian Highlands Unit 6 Agenda No. t~/(. 0 ~] "2 Department Origin: Growth Management Date Submitted: 4/02/01 ~ [['/(TH) For Agenda of: 4/11/01 Exhibits: 1) R-01-27 EXPENDITURE REQUIRED: None 2) Staff Report 3) Site M~ AMOUNT BUDGETED: None 4) Application 5) Utility Letters APPROPRIATION REQUIRED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements located on the east six (6) feet of Lot 13 and the west six (6) feet of Lot 12, Block 190, Sebastian Highlands Unit 6, less the southern ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. Adopt Resolution No. R-01-27 RECOMMENDED ACTION RESOLUTION N.O. R-01-27 A RESOLUTION OF THE CITY OF COUNTY, FLORIDA, VACATING CER~ 12 AND 13, BLOCK 190, SEBASTiAN HI. FOR CONFLICTS HEREWITH; PR1 PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought SEBASTiAN, INDIAN RIVER 7AIN EASEMENTS OVER LOTS ;HLANDS UNIT 6; PROVIDING ~VIDiNG FOR RECORDING; for construction of a new single-family residence at 402 Autumn Terrace within the City of Sebastian; and WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. Sebastian does hereby vacate, The City Council of the City of abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The eastern most six (6) feet of Lot 13 and the western most six (6) feet of Lot 12, less the southern most ten (10) feet thereof, all being in Block 190, Sebastian Highlands Unit 6, as recorded in Plat Book 51 Page 96, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. upon its adoption. The foregoing EFFECTIVE DATE. All resolutions or parts of resolutions in conflict This resolUtion shall be recorded in the public This resolution shall take effect immediately Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this CITY OF SEBASTIAN, FLORiDA ,2001. day of ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance.2av the Ci.ty of Sebastian only: Ric S 'nger, City h.tI.0mey ABANDONMENT OF EASEMENT Staff Report Project Name: Residence for Carl E. Mellin Requested Action: Abandonment of the side public utility and drainage easemems located on the eastern six (6) feet of Lot 13 and the western six (6) feet of Lot 12, Block 190, Sebastian Highlands Unit 6, less the south ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 402 Autumn Terrace Lots 12 & 13, Block 190, Sebastian Highlands Unit 6 Carl E. Mellin 745 Tulip Drive Sebastian, Florida 32958 Hinzman Construction Co., Inc. P.O. Box 780023 Sebastian, FL 32978 Project Description: a. Narrative of proposed action: Appli6ation has been made for abandonment of the side public utility and drainage easements platted on the eastern six (6) feet of Lot 13 and the western six (6) feet of Lot 12, Block 190, Sebastian Highlands Unit 6, less the south ten (10) feet thereof. The client wishes to construct a single family dwelling on a double lot.,' Se b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Vacant Utilities Comments: Ce Florida Power & Light: Southern Bell: Charter Communications: indian River County Utilities: City Engineer (drainage): Growth Management Director Comments: Staff Recommendation: approved approved approved approved approved none Approve Resolution R-01-27 Prepared by Dateq/& /O/ BLOCK 235 ~ ^PPRoX. SEP~C T~K MAP OF SURVEY CERTIFICATE OF AUTHORI2ATION L.B. 6426 LOT 13 BLOCK 235 N AUTUMN TERRACE · 0'3. N a~'SS'15'£ ,on I ,~'~b~ 195.o0'(R) 1,.o7'(u) ~' -'----~1 ~' ,~"' .. - _ ~~- ~ . ~ 50' R/w ~.~' ~P~LT ~1 . ~, ~w~w~ , --v' ~v'~L 'HOLD, ,-~ ~h~ [ ~' ~ I'x ~'*~,~ / ~ ~ .~ ~ ~ vAc~ ~ w · ~ ~Fpv-'~x ~ .... ~ .... - ~ %-- ~; ...... ~,~ ," S 8955 15 W ," S 8955 15 W ~"~' ~¢ ~ , ', V~ x k~P LOT 11 APPROX,~' LOT I0 "LOCK 1"0 ....... BLOCK 1"0 VACA~ ~ .... ' .......... VACA~ ACCO[DISC ~0 ~ ~O, [206[C0078[, ~[~ 078 aT [6g, DA~[~ RESIDENCE ~ 4, 1989, ~IS PEOPE~TY LIE~ IN ~LOOD ZON~ X, CE~D TO: HINZ~N ) COP'tRICHF 2001 SMI3H $UI~/k'~INO AND ~PINC, tHC, ~G~D: ~E SUR~ DA~ JOB N~MBER -SURVEYORS HOlT. S: lO. e~iNe g~u~o ON THE C/L OF CROWN $1REET BEING N O'O4'4~W ~ LOTJ 12 a 13(Aso~)BLOCK 190 .~ SE~ HIGH.DS - UN~ 6 --m ~ECORp~ IN P~T BOOR 5, P~E 96, PUBLIC RECORDS OF~ ~ou~, FLORtD~ ~OUNDAR'Y/TDPO/PLUT PLAN MAR, l~, ;~001 01-1476 / DRAWN BY: NANCY HAEU~SLER SCALE: 1 I HEREBY CERTIFY THAT THIS St,/RVEY WAg MADE UNDER MY RESPDNSlgL[ CHAR,JE AND MEET3 'HE ~ I I ~ I MINIMUM TECHNICAL ~TAN~AR~ ~ET FORTH ~Y THE FLORIDA ~RIDAAN ES IN ~T~CHAPT 61 ~Z[, FLORIDAI~A INI~TRATIVE~ ' ~-7~ , , . ' ~ ,/37) .~ / r ~ [,., U ~ ~- 6C~ ~ ~ 9r~d 321)724--2940 Indian River 581)589-3226 Permit Application No. City of Sebastian Development Order Application ~-Applicant (if not owner, written authorization (notarized) from owner is required) Name: H ' E-Mail: Owner (If different from applicant) Address: 5 T*i, p Fi Phone Number:. ( ) ~'"'~_ ~ ~L ~, B FAX NumbeE ( ) ) ' -~'Mail: Type of per. it pr acti, on re.quested: , PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE Af-TACHED AND 81/2" BY 1 1" COPIES OF ANY A'CFACHMENTS SHALL BE INCLUDED. A%t'ACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. lA. ProjeCt's Name (if applicable): B. Site Information Address:z~O~ /-~-LCFLzMAJ "-/-~'~ Lot: BI~ Un~: Su~ivision: . ~ Indian River County Parcel ~ Zonin9 Cla~i~tion: Future Land Use: ~i~ing Use: Proposed Use: · . , , C. Descffption of proposed ]~ivi~ and pu~ose of the ~que~ed pe~it or a~ion (a~ch e~ ~hee~ if DATE RECEIVED: .~ /__~/~ FEE PAID:$ 100'0(5 Forrn CD-200'I Page i of 3 Approved: 08/~7/97 I Revision: RECEIVED BY: lDevelopment Application File Name: Doe Permit Application No, Project Personnel: Agent: Name: ~ ~ Ad~ ~. o. ~. '-7 ~ ~ o -2... Phone Number. ( ) ~ ~'_ ~ E-Mail: Attorney: Name: Address FAX Number:. Phone Numben ( ) E-Mail: Engineer: Name: Address Phone Numben ( ) + FAX Numben ( ) FAX Number:. ( E-Mail: Surveyor: Name: Address Phone Numben ( ) FAX Nut'bet: ( E-Maih t Page 2 o! 3 R e vi~sJort : No./~.XPIRATION FFon'n CD-200'I [~pproved: 08/27/97 AM ~E ~GAL REPRESENTATIVE OF THE OWNER OF THE PROPER~ DESCRIBED WHICH 18 THE SUBJECT ~ER OF APPUCATION, AND T~T A~ THE INFOR~ON, ~PS, DATA AHD/~R S~CHES PRODDED IN ~IS APPMCA~ON ARE ACCU~TE AND %RUE TO ~E BEST OF ~ ~OWLE~GE AND BELIEF. ' ~ SIGNATURE ' ~ D~TE WHO IS PERSONA~Y ~O~N TO ME OR PRODUCED / ~ PRi~ED NAME OF NOTARY Pen-nit Application No, The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use permit~, vaziances~ exceptions~ and appeals. IJ~/~E, ~'THE OWNER(S)~' THE LJ~GAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE ~ACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CiTY OF SEBASTIAN (THE 'J~OARD"J~COMMISSION~) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. JJ~JE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/~VE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY EIOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPER'FY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CQNST]TLiTION OR THE UNITED STATES CONSTITUT]ON WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY MEJUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CiTY OF SEBASTIAN. SwOrn to and subscri~"~d before me by who is personally knower to me or produced ~//~ ' as identification, this Notary', Signature ~ ~~'~'~ Printed Name ef Notary ..~¥¢/,. Eileen Esposito ~ ~'~ Cemmissi,nn # CC 7310BB Commission No./Expiration _ ~ ~ ~ Expires May 15, 2002 "~'~OF ~ ATLANTIC BONDING CO.. INC. FAorrn CD-2001 pproved: 08727/97 J Pa~e 3 of 3 LDevelopment Application J Revision: j File Name: Doe Permit Application No, Supplemental Information Easements, vacation of Describe the easement to be vacated (prOvide a legal description, if possible): Why is this vacation of an easement beincj request?. Attach a survey showing the location of the property lines, all easements and all structures on the property. + - Form CD-2005 Approved: 8/27/9T Page ~ of 1 Revision: lVacaEon of Easements File Name: Siea.sev March 12, 2001 fl~c ~ast aix.(6) ~ot cf ~t 13 ~fl ~ west six (6) feet of Lot 12, Block 190, S~b~s:ian Highl~d~ Unit 6, l~s ~, sou~em t~n (t0) f~ct ~r~fi UTILITY: Pedro Rubtora, FPL APPROVED: ~ DEN'r~.B: I~AX NO: (261) 489..6224 Return to; Dorri Boswo~h CitT of Sebastian, Orow~h Minaigem~nt Depa.~rn~r~ ~a~ No, (~61.) ~ttq-2~66. BELLSOUTH BellSouth Telecommunications, Inc. 3300 0keechobee Road Room 213 Fort Pierce, FL 34947-455Z Billie C. Greenlief General Manager-NeTwork Operations Indian River Division 561 468 9970 Fax 561 466 4705 Date: March 14, 2001 Dorfi Bosworth City of Sebastian 1225 Main .St. Sebastian, Florida 32958 RE: PETITION TO ABANDON/VACATE EASEME Dear Ms. Bosworth: Per your request, BellSouth has no objection to the ab~ described herein: NT mdonment of the utility easement The public utility and drainage easement located on the east (6) feet of Lot 13 and the west (6) feet of Lot 12, Block 190, Sebastian Highlands Unit 63 less the south (10) feet thereof. We have no facilities within this portion of said unlity easement. For further ass/stance please contact Kirk Walker at (561) 468-5538. Yours truly, Billfe C. Gr~' General Manager cc: Kirk Walker City of Sebastian 1225 MA/N STREET [] SEBAS'ITAN, FLOR/DA 32958 TELEPHONE (561) 589-5537 [] FAX (561) $89-2566 REQUEST FOR ABANDONMENT OF EASEMENT March 12, 2001 Description of Easement to be abandoned: The public utility and drainage easemen~ located on the east six (6) feet of Lot 13 and the west six (6) feet of Lot 12, Block 190, Sebastian Highlands Unit 6, less the southern ten (10) feet thereof. Location of Easement: 402 Autumn Terrace, Seba~an, Florida UTILITY: APPROVED: ~ APPROVED/DENIED BY: Ken ¥ickers, Charter Communications FAX NO: DATE: 589-3872 COMMENTS: P..etum to; Dorri Bosworth, City of Sebastian, Growth Management Depamncnt Fax No. (561) 589-2566. City of Sebastfim 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE(561) 589-5537 [] FAX (561) 589-2566 m~o__~s$ ~oi~ na^~o~v~ OF v, nS~,~: March 12, 2001 Descril~tian of Easetrlellt to be abandpned: The the eezt six (6) feet of Lot !3 and the we~t Highlands Unit 6, less the southern mn (lo) Loeation~q~f Eaaement: SW Com~ of A~'a~ll T~ UTILITY: APPROVED: ~ APPROVED/DENIED BY: Kevin N, Osthai, I.R.C. Utilities DENIED: (signa~ COMMENTS: ~blic utility and ~ cascm~nt located on six (6) fe~t of Lat 12. Block 190, Sebastian ~'eet thereof ,rra~e/Crown S~'=~ (402 Autumn Terrace) FAX NO: 770-5143 DATE:_'~/t~/~ ! Dorri Bosworth, City of Sebastiau, Oi'owth Management Departmem Fax No. (561) 589-2566. BLD~ DEPT ~BA~TIAN City of Sebastian 1225 MAIN STREET C SEBASTIAN, FLORIDA 32958 TELEPHONE ($6l) 559-5~37 Q FAX (561) 589-2566 REOUEST FOR ABAND_O~._I~_. NT OF EASE~vI~T March ' ~ 2001 e.~.C~'il:tton of E~ement to be abandoned: Th~ public utility md drainage e~ement located on d~e e~t ~ix (6) tket of Lot 13 ~d ~, w,;t six (6) feet of Lot 12, Block t90, Sebnsti~ Highlands Unit 6, less fl~e south ten (10) feet fl~ereo~ UTILITY:. .I~,, lp~Cit7 Engineer .~,??ROVED: ,'" ~ .--~. r. DENiED.;-'3 AP PR.O VI"; r-~/DliiNII~D B Y: FAX NO: $89-6209 CON'EvfENTS: to: Dorri Bosworth, City of Sebastian,' Orowth Management Department Fax I',To. (561) 589-2566, ..... :---~.=':.:..'.:..=.~r:~,----:? ~ .'..~ ..~,'~;. :.:~/.. ~ ,..:.: ~:..~_.. ...~ '?,._=-.:~_.~_~':~.~';.:;..-,~.'~'. · '~,, ..... " . .... :. '. ~., ',..',. ,.,-= ..,-; :,~,- ,, -.,, ~ ~, .~. -', :-.-. ,:. · . , ~ "t- "~:',' , ,-,.-~ ' , · ,'. '- · ........... .'-"~ ..... ~-~-' · ~ '~,~-;;--,- ...... ": .-' -" .......... -: ~".~- "~:,;:,~ '::, , , "'=. - . II , / '..2 · ..... ; ~ ]~.'~';.~. ~. ' ':',.'-" ....* '-:.' ... ":-~'.:.;' ';-.--~: :~ · "-;-'"~ -.--.' '~-.~,i,,~ ;..' '.:- '.,~.: · '.-,~ ,. .--.- . ,., ~ L-~..'~ ~ ~_. , :~ ,?-.._=__ ...=,: r~:,:.~,,~,~ _~: ,.:>?._:.:..,;,=~.~: ...? ~_ ,q:~:',,, ,,,,, ~,,.',,~. ~_[ .... ~ ";~'.. --':, ..' '; ... ....'. -~';' ~'-'"'-;~;,--1~ .... -' .' ' ~,-'-'=--~, _ _- '-':---:-~'.-"-'.~,, "~' ' ', ,,.,.-~'i . , "-: , - ......... ~-' ' ~' .-.=.- ~'.. ..-,. . "~' ~:.-I,..I'. , '.-- .-'-..~.' ... . ' " .-~.'%. ',.~.'-,-' -, . ~ ,' .~ · · ' ~ ..... :' "' .... -~"' -":'-" ' "'" "- ~"; ..... ~_~ ' ~ "'~:' ' '"".'S-T- ~ ~:~' '",.~-,, ~ ]~ -' .-..~-~ I.~D~AN ll[J'VER .......M~Xt.T.I.~...-. _~.,~.._B.~- C-. :...:-_.. --~=~,:..,.. ~ ,.~ .. . -: .... -._ .-...~. r. ~.~.: ...... .~. :.~. . .?..,.,., ......... · ~...._-..~r.. ;.~. , ~,;-'~;~! ..~¢~. ;~ ~-~ , '.'~ .......... ~ ' .'' '"'. ...... ~ ..... ~ ~ '~'~ ' '~ .... '--"i~_.~~~~'F.'_~5.~J~_ · · ..:,, · , .....: -. :: ~. '., ~.~ .~. -,, .. ~. :2.'. ~ .... ~ · '- ~)- ~t":~. ~,~ ' ~ x., , ........... ....... , ..... .. ......... ......................... .:. ~ ..... , ......... ;,.. ........ .. ,~ ~ . . .[~. ~. ~,. · .. :.~.,',-.t- .... . ~ .', "i... ~,' ~ ~ ..,~: · .. ~:7~:~.::,v~- , '-., .~ ~'~: · '~-. '---' ~'~._ ~ ...... ~- ,~ , · "C ~ ............. ~ .... .~*,,~.' ~ ~'~ '~ To: Council Members, Alternates, and T~easure Coast Region Local G°vemments From: Michael J. Busha, Executive Dkector ~..~.~.~.~ Date: January 22, 2001 Subject: Resolution in Support of Funding for Regional Planning Councils At its January 19, 2001 meeting, Council passed Resolution 01-01 in support of the stale providing a more proportionate share of funding for regional planning councils (see attached). Council is requesting that its local governments adopt a similar resolution (sample attached) and forward a copy to: The Honorable Jeb Bush, Governor The Executive Office of the Governor The Capitol Tallahassee, FL 32399-0001 Michael J. Busha, Executive Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Smart, Florida 34994 Sheri Coven Florida Regional Councils Association 314 East Central Avenue, Room 119 Blountstown, Florida 32424 If you need additional information or assistance please feel free to contact me. Thank you. Attachment ~Bringi~g ¢ozn~nt~l~ities To~ether" * ~st. 1 9 76 301 East Ocexn Boulevard - -quite 500 = Stuart, Floridn ~499q Phone ($61) 221-4060 = SC 269-4060 - Fa~ (~6J) 221-4067 - ~=m;ll = ~d~i~terpc.or~ RESOLUTION NO. R-01-29 A RESOLUTION OF Ti-IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA SUPPORTiNG INCREASED FUNDING FOR REGIONAL PLANNI31G COUNCILS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WI-IEREAS, the City of Sebastian strongly supports adequate funding of regional planning councils in the State of Florida; and Wl:IEREAS, the City of Sebastian recognizes that regional planning councils are required to perform numerous state-mandated economic development, growth management, emergency management, technical assistance, interlocal dispute resolution functions and other important statutory duties directed by the Legislature; and WHEREAS, the City of Sebastian recognizes that regional planning councils also provide a wide range of services and assistance in support of local government initiatives and programs; and WI:IEREAS, the City of Sebastian believes the State is disproportionately relying on local dues and revenue from local government to support regional planning councils which has resulted in the reduction of many regional and local programs and initiatives; and WI:]~EREAS, the City of Sebastian believes the State's responsibility for supporting regional planning councils should be increased and shared more equally between the State and its local governments. NOW, THEREFORE, BE IT RESOLVED BY TH3E CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that Section 1: The City Council of the City of Sebastian hereby requests the Legislature support the Florida Regional Councils Association budget request for recurring funding for regional planning councils as a $3.0 million line item in the Department of Community Affairs base budget. Section 2: The City Clerk is directed to distribute copies of this'resolution to the Honorable Governor Jeb Bush, The Executive Office of the Governor, The Capitol, Tallahassee, Florida 32399- 0001; the Treasure Coast Regional Planning Council, 301 East Ocean Boulevard, Suite 300, Smart, Florida 34994; and the Florida Regional Councils Association, 314 East Central Avenue, Room 119, Blountstown, Florida 32424. Seetioa 3: This Resolution shall take effect immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: and, upon being put into a Mayor Walter Barnes Vice-Mayor Ben Bishop Coun¢ilmember Joe Barczyk Councilmember James Hill Couneilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly pa~sed and adopted this 11A day of April, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter W. Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebas_tian, Florida Subject: Second reading and public hearing for Ordinance No. 0-01-07, amending the land development code to permit twelve residential units per acre within the commercial limited (CL) zoning district. ~//~.~ ..~r ~.~'~' For Agenda of: April 11, 2001 Exhibits: O-01-07, Letter of Request by Realty King on behalf of ZCS Senior Housing Partners, LLC, location map. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None Agenda No. ~4 ~ ~"~ Department Origin: Growth Management Tracy E. Hass ~~ Date Submitted: April 2, 2001 SUIvlMARY ZCS Senior Housing Parmers, LLC recently appeared before the City Council regarding the possibility of constructing a Senior Housing facility in the City of Sebastian. ZCS is currently building such a facility in the City of Melbourne located at 230 Babcock Street. The City Council favorably forwarded support for a similar project in Sebastian to be located on property currently zoned Commercial Limited (CL). Under current regulations, the City can permit up to 8 units per acre within said district. However, for the project to be successful, the developer is requesting 12 units per acre. The proposed Ordinance would permit 12 units per acre as a conditional use within the CL zoning classification. Additionally, the Ordinance creates conditions to protect the City from widespread re-zonings for the purpose of attaining 12 units per acre. The Planning and Zoning Commission will be holding a public hearing regarding this matter on April 5' 2001. City Council passed the first reading of Ordinance No. O-01-07 at the public hearing held on March 28, 2001. RECOMMENDED ACTION Hold the second reading and public hearing for Ordinance No. O-01-07. ORDINANCE NO_. 0-01-07 A__N ORD/2N'A..NCE OF T]]~ CITY OF SEBASTIAN, FLORIDA, A_M~NDI2NG ~ ~ DEVELOP3/I~NT CODE, CETY CODE SECTION 54-2-5.3.2 COMM-ERCLdZ L13~TED DISTRICT (CL), !CONDITIONAL USES AND 54-2- 6.4 SPECIFIC C_RITE. RIA FOR A_PPROF1NG A CONDITIONAL USE i~llOVIDI!qG. LI1VII'I~D AVA~.A_BILITY! OF TWELVE RESIDENTL4~ IJ-NITS PER ACRE; PROVIDING FOR REPEAL OF ORDINANCES OR ]?ARTS OF ORDINANCES iN CONILICTI n-e~REWlTK; PROVIDiNG FOR SEVERA/BI[L1TY; AND PROVIDiNG FOR AN EYY~EC~ DATE. Wl:t~'~REAS, the City of Sebastian provides that density of up to twelve (12) residential units per acre may be provided in the Commercial IAmited land use category, yet there are no provisions in the land Development. Code for any use density greater than eight (8) residential units per acre; and Wg-~'~REAS, ma~y local governments provide a density bonus as an incentive for developers to' provide quality affordable housing within their jurisdiction; and WlTEREAS, a public hearix~g was held before the Planning and Zoning Commission on April 5, 2001, and that body recommends approval of the Land Developmem Code amendments herein; and W133EREAS, the City Council upon due public !hearing has considered the same and fotmd said amendments to be in the best interest of the citizens of Sebastian; NOW, TI~EREFORE, BE IT ORDAIAqgDi BY TEiZ CITY COIYNCTL OF TIlE CITY OY SEBASTIA2q, IIgDIAN RIVER COUNTY, I~ORIDA, as follows: Section 1. That section 54-2-5.3.2(C) of the Land Development Code, City of Sebastian, Florida, CO~C3LL Ll3~TED DISTRICT (CL), CONDITiONAL USES, is hereby amended to add the following conditional use: Section 54-2-5.3.Z COMMERCIAZ LIMITED DISTRICT (CL) * * * * · C. CONDITIONAL USES Ot3_~lified ~Affordable I-Iqusinm Section 2. That section 54-2-6.4 of the Land 2Development Code, City of S~bastian, Floricl~, $'_PECfFIC CRfT~{fA FOR Ja°.P2t(gIqArG ~ C(PN2Pf21r(PArA2; USE, is hereby amended to add subsection 36A Qual~ed.4iffordable ]-]ou~ng ~o read as follows: Section 54-2-6.4: SPECIFIC CRITERIA FOR APPROV2NG A CONDITIONAL USE 36A. Qualified a. Avvlic~ble zoning di. strict[. bo Oualified Afro.triable Hol~,si~e shall be permittecl a~ a ~onditional use witl~in t_ke CL ~t!ditional ~$e criteria~ .(1)_ .To-quali~v.fqr/chis.. condi~d onal .u~ e~..a...t~roi ea-~sI- parfic-ip a.l.~ '-m and. comt)lv with a s~l~ 9r federally ~pons, gir_~g affordable housing ~tiative. (2) ~3imum deI~sitv shall ~e~.twelve (12~ re!ictential u~it3pel; a~r._~ (3) The ~IP~ livin~ area stand~4s o£the R2~-~.zoning dig3;ic~ shall Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereb~ repealed. Section 4. SEV-ERA.B~LITY. In the event a court of competem jurisdiction shall determine that any pa~ of this Ordinance is invalid, 't~e 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 in:~alid or unconstitutional provisions. It shall further be assumed that the City Council ~vould have enacted the remainder of this Ordinance Withou~ said ~nvalid or unconstitutional provision~ thereby causing said'remainder to remain in ful] force and effect. SectiOn 5. EFFECTIVE DATE. Tkis Or~iinance shall become effective immediately. The foregoing OrdLuance was moved for adoption . 'The motion was seconded by ICouncilmember upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barcz-yk l Councilmember Iames ~ i Councilrnember Edward J. Majcher, ~Iri by Councilmember The Mayor thereupon declared'this Ordinance duly )asSed and adopted this 11t~ day of April, 2001. CITY OF SEBASTIAN, FLOI:U~A Mayor Walter Barnes ATTEST: P~pproved as to form and legality for r~liance by the City of Sebastian only: Sally A~ Maio, CMC City Clerk Rich SUinger, City Attorney MLS 945 Fellsmere Road · Sebastian, Florida 32958 Tel: (561) 589-3054 Fax: (561) 589~7557 February 23, 2001 Mr. Tracy Hass Director of Growth Management 1225 Main Street Sebastian, FL 32958 Dear Mr. Hass: Would you please start the process of amending the text of the Land Development Code Book to permit 12 units per acre in commercial limited zoning as per the Council's direction for senior housing. If you have any questions, please do not hesitate to g/ve me a call. Sincerely, Broker Mr. Jerry Hadlock ZCS Senior Housing Partners, LLC JAK/mts "'"" '.-..~',,,:' ,.,_,, . ,, ,:,~,, · " ",.' . ."~.-~'.'. .............. .,'.. ' ,:,~.:..i.:,',":~ ;:'.% ..,. u ......... ': ...... ,,, ~ ~,:J, ; .... '.,,..,,~,, , ., ........... ,..,...-.-,.-..~;,'r..,~.~ ,,,,,,' , ..... ,':¥!.F,':~'.::._, ,":'L";:').:';...% ,' ....,. &,'~"' ,,, 4 · ,' .~ "' ' "' ".' ,. ". ...... ;', "" ...... ' .... ." it0~ OF ~F~ L~]~D City of Sebastian, Florida Subject: First reading and public hearing for Ordinance No. O-01-09, land use change request from L-2 (Low Density Residential, 6 units per acre) to MDR (Medium Density Residential, 8 units per acre) for an 80-acre enclave situated south of South Moon Under Subdivision and West of Schumann Lake. Approved for Submittal by: Agenda No. 0/. ~_ Department Origin: .C~. owth Management Date Submitted: April 2, 2001 For Agenda of: April 11,2001 Exhibits: O-01-09, Application for Land Use Change, Conceptual Plan, Location Map, StaffReport and P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY The proposed Davis PUD is located on an 80-acre enclave situated South of South Moon Under Subdivision and West of Schumann Lake. The Davis family has requested annexation of the property and approval of the associated conceptual development plan. The conceptual development plan is included for your information and will be formally presented to the Council for action during the land use and zoning adoption phase (second reading and public hearing). Additionally, the property is currently zoned A-1 (Agricultural) with an L-2 (Low Density Residential, 6 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R, with an underlying zoning designation of RM-8 (multi-family) and a comprehensive land use designation of MDR (medium density residential). The conceptual plan outlines a total of 8 blocks containing 434 total units with single-family units along the perimeter and multi-family units in the interior. The purpose for doing so is to provide a single-family buffer along the perimeter where there are existing single-family units. The proposed constitutes a gross density of 5.35 units/acre and a cumulative density of 7.32 units/acre (total land area minus 10.9 acres of lake area and 10.8 acres of roadways). The Planning and Zoning Commission reviewed the proposed land use and zoning change and accompanying conceptual development plan at their regular meeting on March 15, 2001. Additionally, the Planning and Zoning Commission held the required public heating and forwarded a recommendation for approval of said request. RECOMMENDED ACTION Hold a first reading and public hearing of Ordinance No. O-01-09 and forward said request to /,"~'% the State Department of Community Affairs for evaluation and resulting recommendation. ORDINANCE N~. O-01-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO :THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATION OF MEDIUM DENSITY RESIDENTIAL (MDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 6 UNITS PER ACRE OF EIGHTY (80) ACRES, MORE C SECTION 18, TOWNSHIP 31, RANGE AND ADMINISTRATIVE ACTIONS; l PROVIDING 'FOR SEVERABILI~ EFFECTIVE DATE. WHEREAS, the City Council has conside (L-2) FOR LAND CONSISTING ~R LESS, BEING A PART OF 39; AUTHORIZING FINDINGS ?ROVH)ING FOR CONFLICTS; AND PROVIDING FOR red the application of Brian Davis for 'an amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation of L-2 (Low-Density Residential, 6 units per acre) to MDR (Medium Density Residential) in th~ City; and WHEREAS, the City Council has considered the criteria identified in Section 20A-1.1.8(c) of the Land Development Code and Florida StatUt~es together with the findings and recommendations of its staff and the Planning and !Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WltEREAS, the City Council has consideied the applicable provisions of the existing Comprehensive Land Use Plan; and .I WItEREAS, the City Council has detemuned that the proposed changes in the City Comprehensive Land Use Plan, are consistent wit1~ the existing comprehensive plan and the future development goals of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The 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: The West ½ of the Northwest hA of Section 18, Township 31, Range 39 in Indian River County, Florida. Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include and designate MDR (Medium Density Residential) for the affected property as described in Section 1, above. Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Community Affairs finding the amendment herein in compliance and annexation of the property into the corporate limits of the City of Sebastian. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 1 lth day of April, 2001, by Councilmember ~ The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James A. Hill AT] Sall~ City ADOPTI, 'EST: A. Maio, CMC Clerk )N The foregoing Ordinance was moved for adoptiofi by Councilmember The motion was seconded by Councilmember a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James A. Hill and, upon being put to The Mayor thereupon declared this Ordinance duly Passed and adopted this __ day of ,2001. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Permit Application No. City of Sebastian Development Order Applicat:on - Applicant (If not owner, written authorization (notarized) from owner is required) Name: RANDY L. MOSBY, P.E. Address; 2455 14TH AVENUE VERO Phone Number:.(561) 569-(t035 E-Mail: BEACH, t~L 32960 FAX Numbe~. ( 561 ) 778-361 7 Owner (If different from applicant) Name: MR. BRIAN DAVIS Address: 9347 141st AVENUE PhoneNumbeE(561) 473-0246 FELL'SMERE, FL 32948 FAXN~mbe~. ( 561)'56~-0089 E-Mail: IType of permit or action requested: COMPREHENSIVE AMENDMENT - LAND USE PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY!FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, 'DRAWINGS, ETC. SHALL BE ATTAC~IED AND 81/2' BY 11" COPIES OF ANY A~TTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFE)RMATION FORM. i A. Project's Name (if applicable): DAVIS 80 ACRE ~PUD '-B. Site Information Address: Lot: . Block: · Unit: Subdivision', W ~ OF THE NW ¼ OF S18, T31, R39 Indian River County Par¢~-I ~. 1 8- 31 - 3 9 - 0 0 0 01 - 0 0 0 Zoning Classification: County AG Future Land U~e: Existing Use: Vacant Proposed Use:i ~-00000.1 LS-2 PUD-R C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): change county land use to City of Sebastian land use ERECEIVED: ~ ~¢'7'/O! CD-2001 red: 08/27/97 ! Revision: FEE PAID: RECEIVED Page l of 3 tDevelopment Application P71e Name: Doa Permit Application No. Project Personnel: Agent: Name: Address MOSBY & ASSOCIATES, INC. 2455 14TH AVENUE VERO BEACH, FL 32960 PhoneNumbe~(561) 569-0035 FAX NumbeE (561 ) 778-~3617 E-Mail: Attorney: Name; N/A Address Phone NumbeF. ( ) FAX NumbeE ( ) - E-Mail: Engineer: Name: MOSBY & ASSOCIATES, INC. Address 2455 14TH AVENUE VERO BEACH, FL 32960 PhoneNumbe~.(561 ) 569 - 0035 FAX Number. (561 ) 778- 361 7 E-Mail: Surveyor: Name: HAYHURST LAND SURVEYING Address I !22 OLD- DIXIW HWY. Phone Number:. ( 561) 569 - 66 ~ 0 VERO BEACH, FL 32960 FAXNumbe~. (561) 770- 3446 E-Mail: I, BRIAN DAVIS . BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: ~ I AM THE OWNER ~ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA3TER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED tN THIS APPI~ICATION ARE CURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. . DATE SIGNATURE SWORN TO AND SUBSCRIBED BEFORE ME RY ~)E lA ~LHO IS PERSONALLY KNOWN TO I~F_.OR PRODUCED AS IDENTIFICATION, THIS /c/ DAY OF r'Y')Pr~Cflz NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./ExPIRATION SEAL: IForm CD-200~ Approved: 0827/97 Page Z of 3 Revision: : ¢~'~,, ~o~ c. B~cus , , .-:,:' ~ "{,~. i~YOOMMI$SION#CO98O216 , ; ~,:,.*i~...~/ EXPIRES: March 5, 2005 ' ~,- ",_-. _ I D evelopment Application File Name: Doa Permit Application No. The following is required for all comprehensive plan amendments~ zoning amendment (includir~g rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. ;( THE OWNER(S) __ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF' THIS APPUCATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ~T,ANN]'NG & 7, ONTNG BOARD/COMMISSION OF THE CiTY OF SEBASTIAN (THE "BOARD"/'COMMISSION~ TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/~VE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING'THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR TI-IE UNITED STATES CONSTITUTION WERE V~Ot. ATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND C~ONSENT IS BEING SIGNED BY ME/US VOLUNTAI~ILY AND NOTAS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. - Sworn to and subscribed before me by ]~-~/~ who is personally known to.m_..~.e or produced -as identification~-~hiS i /'-rday of. Notary's Signature Printed Name of Notary Commission NoJExpiration seal: ~' .,~ 'z.',, JOAN C BARCUS I ~ .~...~ EXPIRES: March 5, 2005 IForm CD-2001 A~proved: 0E/27197 Revision: P=ge 3 of 3 IDeveiopment Application File Name: Dob Supplemental Information Comprehensive Plan Amendment (Land Use) A'i'rACH ADDmONAL PAt:~.S IF NECE.%~AR.Y. X.~ 1. Cun'ent land use map designation: COUNTY AG X. 2. Proposed [arld use map designation: _ PUD-R Size of project in acres: .__8 0_ AC. Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. NON~. X o Is tile proposed amendment consistent with the other elements of the comprehensive plan? If net, which one(s)? ¥~'$ x 6. Is We proposed amendment in conformance wil~ applicable substantive requirements of the city of Sebastian Code of Ordinances? If not. which one(s)? YES ~ /:*age ~ of 3 Ray. on: Comp. PJa~ Amend. (Land u~) File Name: $1cpalu M~R. 13.E001 10:0?RM B[_DG DE]=T SEBRSTIRN M0. E?l P. Perm~ Appli~an No. x x8. what land use and development changes have occurred since the effective date of the comprehansive plan i which are amendment? NONE [ relevant to the proposed Is the proposed amendment compatibl~e with the existing or futura lend uses of the city?. If not, why not? ..YES X9, Are there adequate public facilities toJ serve the proposed land use? If not. which one(s) ara not adequate? YES ._ X 10. Would the proposed amendment rmsu~lt in a significant adverse impact on the natural environment? If sm, describe the impact NO ~rm, e~: a/27,~7 Revl~: '~ tCornp. Plan Amid. ~) ~ lu (Land Permit Application NO, 11. Would the proposed amendment adversely affect the property values of the area, the general health, safety and welfare and impact ~he financial resources of the city? If so, describe how. tqo 12. Does the proposed amendment result in an orderly development pattern? not, de-scUba. If x 13. Attached the roi[owing: × a. A verified statement showing each and every individual person having a legal andros' equitable ownership interest in the subject property except publicJy held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive off'mars will be sufficient. w b. Attach a list of the names and addresses of all owners of parcels of mai property within three hundred (300) feet ~=f the parcel to be considered. A survey and legal description of the properW for wl~ich ~e land use amendment is being recluestad.. _ _ _ IForm Pag~ 3 of 3 IComl~ Plan Amend. (Land Pile Name: $icpaltl AVE / . 0 ~ .~ , ' ~ ~ ' ,..j.~ 't I Y SOUTH i~ ~'. ..... . '." ~m MOON S, FISCHER CIR. r ~ CONCORD SEBASTIAN GREENS AVE. '1 _1 HOME OF PELICAN ISLAND Growth Management Department Comprehensive Plan Amendment Application Staff Report Project Name: Davis 80 Acre PUD-R. Requested Action: Land Use Change.from L-2 (County) to MDR Project Location a. Address: b. Legal: Indian River County Parcel Number: 18-31-39-0000-1000-00003.0 18-31-39-0000-1000-00003.1 Project Owner: Brian Davis 9347 141st Avenue Fellsmere, Florida 32948 561-473-0246 Project Agent: Randy L. Mosby, P.E. 2455 14~ Avenue Vem Beach, Florida 32960 561-569-0035 fax: 561-778-3617 Project Engineer: Same as Agent Project Surveyor: Hayhurst Land Surveying 1122 Old Dixie Highway Vero Beach, Florida 32960 (561) 567-4355 Project Description Narrative of proposed action: The proposed Davis PUD is now an 80-acre enclave situated south of South Moon Under Subdivision and West of Schumann Lake. The Davis family has requested annexation of the property and approval of the accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-2 (Low Density Residential, 6 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R, with an underlying zoning designation of RM-8 (multi-family) and a comprehensive land use designation of MDR (medium density residential). The conceptual plan outlines a total of 8 blocks containing 434 total units with single-family units along the perimeter and multi-family units in the interior. The purpose for doing so is to provide a single-family buffer along the perimeter where there are existing single-family units. The proposed constitutes a gross density of 5.35 units/acre and a cumulative minus 10.9 acres of lake area and Current Zoning: A-1 (County - Agric Adjacent Properties ensity of 7.32 units/acre (total land area 10.8 acres of roadways). ]lture) North: East: South: West: Zoninq Current Land Use Future Land Use I RS-20 South Moon Under LD PS Schumann bake INS RS-10 Sebastian Hlighlands LD RS-10 Sebastian Highlands LD d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: 81.0 acres Citrus Groves Immokalee, Pomello, Myakka Citrus Trees (5) Flood Hazard: Zone A, Zone X (6) Water Service: (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 Indian River County Utilities Schumann Park - adjacent Sebastian Police 3 miles County Fire - 3 miles c: Public Facilities: Consistent d. Housing: Consistent 2 10. 11. 12. 13. 14. 15. 16. 17. 18. e. Coastal Management: Consistent f, Recreation and Open Space: Consistent g. Conservation: Consistent h. Intergovernmental Coordination: Consistent ConfOrmance with Code of Ordinances: Consistent Changed Conditions: Land Use Compatibility: The adjacent properties to the South and West are designated LD (Low Density Residential) and the area to the East is designated INS (Institutional) and the area to the North is designated LD (RS-20, LOw Density Residential). The proposed PUD has incorporated a Low Density perimeter with a Medium Density interior so as to remain consistent and compatible with the surrounding land use designations, There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Adequate Public Facilities: Provided - public utilities (water, wastewater) will be incorporated in the development of the proposed PUD and on-site stormwater tracts are also incorporated in the proposal. Natural Environment: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan will be required to demonstrate proper compliance with this regulation. Economic Effect: provided - The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 80 acres of land area and a maximum of 434 residential units, which in turn creates an expanded tax base for the City of Sebastian. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to residential property and availability of sufficient public facilities and access. Public interest: The proposed land use change is not in conflict with the public interest. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcel will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of enclave parcels. 19. 20. 21, The proposed land use change will crea:e a slightly greater impact on the water, wastewater, drainage and solid waste facilities. The Planning and Zoning Commission reviewed the proposed annexation and accompanying land use and zoning change at their regular meeting on March 15, 2001. Additionally, the Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request. Analysis: The proposed Davis PUD Is now an 80-acre enclave situated south of South Moon Under Subdivision and West of Schumann Lake. The Davis family has requested annexation of the property and approval of the accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with a L-2 land use designation and the applicant wishes to re-zone the property PUD-R, with an underlying Zoning designation of RM-8 (multi-family) and a comprehensive land use designation of MDR. The conceptual plan outlines a total of 8 blocks containing 434 totali units with single-family units along the perimeter with multi-family units in the iOterior. The purpose for doing so is to .provide a single-family buffer along the p~erimeter where there are existing single- family units. The proposed constitutes a gross density of 5.35 units/acre and a cumulative density of 7.32 units/acre (totall land area minus 10.9 acres of lake area and 10.8 acres of roadways). Conclusion: The requested land use change from L-2 (County) to MDR is consistent with the Comprehensive Plan; Land Development Code and Code of Ordinances. Recommendation; Staff and the I Planning and Zoning Commission recommend the City Council approve tl~e requested land uSe change with the following conditions: 1. The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan shall demonstrate proPer compliance width this regulation. 2. The land use change shall be- Conditioned upon receipt of annexation approval by the City Council. i / 3. The property owner shall dedicat~e Fleming Street extension right-of-way during platting phase. 4. The existing mobile home on the property shall be removed prior to construction if annexation of the p!roperty is granted by the City Council. PREPARED BY 4 DATE PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 15, 2001 Randy Mosby, representing Rick Wisner, gave a presentation and offered to answer any questions. Tracy Hass gave staff presentation noting that the APA standards for parking would require eight (8) parking spaces at this site. He also addressed the landscaping required for this site. Chmn. Mather opened and closed the public hearing at 7:12 pm, as there was no public input. In summary, staff recommended approval. MOTION by Vesia/Barrett I make a motion that we approve the site plan for Wisher Controls at Main Street, Sebastian. Roll call: VC Vesia - yes Mr. Barrett - yes Mr. Smith - yes Mr. Mahoney - yes Mr. Barton(a) - yes Ms. Carbano - yes Chmn. Mather - yes The vo,,9,t~was 7 - 0. Motion carried. ~,~B.M/ Public Hearing - Recommendation to City Council - Comprehensive ~lan Amendment- Land Use Map Change - Davis 80 Acre PUD-L-2 (County) to MDR - Medium Density Residential Randy Mosby, Mosby & Associates, was present representing the applicant and has already been sworn in. He gave a presentation mentioning annexation of this site into the City of Sebastian. He noted that this site covers items B, C, & D on the Agenda tonight. He also. commented that if City Council does not annex this property into the City, all issues before the P & Z Commission tonight become null and void. Randy proceeded to explain the conceptual plan which establishes density.. He noted that none of the details are defined in the conceptual plan. Tracy Hass gave staff presentation noting that the conceptual plan, land use and zoning designation are the issues before this Commission tonight. He also indicated that an annexation study is about to be done for the City of Sebastian, and at this time, the County is in favor of all of its enclaves being annexed into the City. He also spoke of the possible extension of Fleming Street, and wetlands that are on the site. Staff recommended approval with the two conditions in the staff report .plus a .third condition as follows: 3. The property owner shall dedicate Fleming Street extension right-of-way during platting phase. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 15, 2001 On a procedural note, Chmn. Mather commented that Items B., C., and D., were all discussed together, and Atty. Stringer indicated that each item should be voted upon separately, i Mr. Barrett requested that a fourth condition be added, - namely that the existing mobile home on that property be removed prior to construction if it is accepted for annexation. Randy Mosby agreed that all existing structures Would be removed prior to construction. There was some discussion on lot size. Mr. MahOney commented that this project is a great project, but sees a problem with access tO the site. Mr. Mosby responded that he can design around this, but has no details yet. Atty. Stringer noted that these details have not been addressed as yet, but felt it can be worked out. Tracy Hass also addressed this issue and assured Mr. Mahoney that residents will be notified, and this issue will be worked out. Mr. Mosby again noted that at this point, the !conceptual plan is all that is at issue. Details of the design will come later and be presented for approval or disapproval. Mr. Mahoney again commented that this is a gdod plan, but was dissatisfied that some detailed questions could not be answered. ~ Chmn. Mather opened the public hearing at 7:50!pm. Tut Connelly of Kildare Dr. in Sebastian spoke oh this project. Ray Halloran, 754 S. Fischer Circle, Sebastian !spoke of his misconception of this site being a designated wetland. He also spoke of his concern for construction and pre'- construction access to this site. i Mr. Mosby did not have answers to these questibns at this point. He repeated that this information is not required at this conceptual stage and he is not prepared to provide it. Chmn. Mather closed the public hearing at 7:59 pm. Staff summarization was to recommend approval B. MOTION by Smith/Vesia I'll make a motion we accept the site )lan review/recommendation to City Council the Comprehensive Plan Amendment, Land Use Map Change - Davis 80 Acre PUD, plus the four (4) conditions in the staff report as amended. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 15, 2001 Roll call: VC Vesia - yes Mr. Barrett - yes Mr. Smith - yes Mr. Mahoney - no Mr. Barton(a) - yes Ms. Carbano - yes Chmn. Mather - yes The vote was 6 - 1, motion carried. C. MOTION by BarrettJCarba'no I'll make a recommendation that we recommend to City Council it be rezoned from A-1 to PUD-R with the four (4) conditions previously stated. Roll call: VC Vesia - yes Mr. Barrett - yes Mr. Smith - yes Mr. Mahoney - no Mr. Barton(a) - yes Ms. Carbano - yes Chmn. Mather - yes The vote was 6 - 1, motion carried. D. MOTION by Smith/Barrett I'll make a motion that we recommend to City Council the PUD Conceptual Development Plan - Davis 80 Acres PUD with the four (4) conditions as amended by staff. Roll call: VC Vesia - yes Mr. Barrett - yes Mr. Smith - yes Mr. Mahoney - no Mr. Barton(a) - yes Ms. Carbano - yes Chmn. Mather - yes The vote was 6 - 1, motion carried. Mr. Mosby noted that Mr. Mahoney stated that he was in favor of this project yet he voted no on all motions and he would like to know why. Mr. Mahoney responded that he didn't feel some things have been addressed. CHAIRMAN MATTERS: None MEMBERS MATTERS: Ms. Vesia inquired about the canvas awning sitting on U.S.#l, and Tracy Hass noted that the contractor and owner responded that it will be moved by the end of the week. Ms. Vesia then inquired about the lights along the bike path along CR-512, whether we pay for them whether they are lighted or not because a lot of them are not lighted. It was noted that the City pays whether they are lighted or not. HOME O!: PF-UCAN ISLAND City of Sebastian, Florida Subject: First reading and public hearing for Ordinance No. O-01-10, rezoning request from A-1 (Agricultural) to PUD-R, with an underlying zoning designation of RM-8 (multi- family) for an 80-acre enclave situated south of South Moon Under Subdivision and West of Schumann Lake. (/~n~ed for ~~9~: Agenda No. /~/, 0~ ~ Department Origin: Growth Management Tracy E. Hass ~ }~ Date Submitted: April 2, 2001 For Agenda of: April 11, 2001 Exhibits: O-01-10, Application for Rezoning, Conceptual Plan, Location Map, Staff Report and P&Z recommendation. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY The proposed Davis PUD is located on an 80-acre enclave situated South of South Moon Under Subdivision and West of Schumann Lake. The Davis family has requested annexation of the property and approval of the associated conceptual development plan. The conceptual development plan is included for your information and will be formally presented to the Council for action during the land use and zoning adoption phase (second reading and public hearing). Additionally, the property is currently zoned A-1 (Agricultural) with an L-2 (Low Density Residential, 6 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R, with an underlying zoning designation of RM-8 (multi-family) and a comprehensive land use designation of MDR (medium density residential). The conceptual plan outlines a total of 8 blocks containing 434 total units with single-family units along the perimeter and multiffamily units in the interior. The purpose for doing so is to provide a single-family buffer along the perimeter where there are existing single-family units. The proposed constitutes a gross density of 5.35 units/acre and a cumulative density of 7.32 units/acre (total land area minus 10.9 acres of lake area and 10.8 acres of roadways). The Planning and Zoning Commission reviewed the proposed land use and zoning change and accompanying conceptual development plan at their regular meeting on March 15, 2001. Additionally, the Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request. RECOMMENDED ACTION Hold a first reading and public hearing of Ordinance No. O-01-10. ORDINANCE NO. 0-01-10 AN ORDINANCE OF THE CITY! OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNiT DEVELOPMENT RESIDENTIAL!(PUD-R) FOR ANNEXED LAND WITH n PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) ]?OR LAND CONSISTING OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 51, RANGE $9; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Brian Davis has filed a petition ifor amendment to the Zoning Ordinanc¢~ and WHEREAS, the Cit~ Council has provided ~otice of the proposed zoning change and conducted a public hearing to receive citizen input~ and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together wlth the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, 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 sabstantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the cap~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 THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section l. 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: The West ~/~ of the Northwest lA of Section 18, Township 31, Range 39 in Indian River County, Florida. Section 2. DISTRICT. The real property described in th/s Ordinance is hereby given an initial City zoning designation of Planned Unit Development Residential (PUD-R) from the previous County zoning of Agriculture (A- 1). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the subject property and reflect this designated zoning district. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. in the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said. invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. Follov~ng its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective concurrent with the effective date of Ordinance 0-01-09. The~ foregoing Ordinance was moved for adoption by The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill Councilmember and~ The Mayor thereupon declared this Ordinance duly passed and adopted this ,2001. day of 2ITY OF SEBASTIAN, FLORIDA ATTEST: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for 'eliance by the City of Sebastian only: [ich Stringer, City Attorney City of SebaStian Development Order Application "~'~p,' plica~it'(if n~t owner, written 'autho~zation' (notarized)fr_o_m owner is 'required) Name: I~ANDY L. MOSBY, P.E. 2455 .14TH AVENUE VERO BEACh, FL 32960 Phone Numbe~. (5~1) '569L(~035 ~ ~AxN~tnbe~. '( 561 ) 778--3617 Permit Application No. · Owner (If'different f~o~n applicant._)~ Name: FIR[. BRIAN DAVIS Ad'dm-~: ' 9347 141st AVENUE Phone~un~ber: ( 56! ) 473-8246 REZONING FELL'SMERE, FL 32948 FAX Numbe~. ( 561 ) 56~-0089 PLEASE COMPLETE ONLY THOSE SECTION:~ WHICH ARE NE~ES~RY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, -DRAWINC~, ETC. SHALL BE ATTACHED AND'81/2' BY 11 ° COPIES; OF ANY ATTACHMENTS SHALL BE INCILUOED. A~FACH THE APPROPR[AT~ SUPPLE~ETAIL INFORNIATION FORM. DAVIS 80 ACRE PUD - Bl°~k: ' T31 R39 : Unit Subd~vi~0n: Lot W ~ OF THE NW ~ OF S18, , · indian F~ve£ County Pa~I ~ 1 8-31 -39-00001 -0000-00000.1 '- ~oning Cl~fi~tion: County AG F~u'-~ La~ U~: LS-2 - -~ing U~:. Vacant 'pm~ U~: PUD-R · necessa~)L change_county land use to Cit~f o~. Sebastian land use DA/E RECEIVED: .~__/~/D[~ e_ ¢elopment Application Name: boa * . ~] Permit Application No. D. Project Personnel: Agent: Name: MOSBY & ASSOCIATES, INC. ' Add~-e. ss 2455 14T~ AVENUE V~RO BEACh, Phone Numbe~(561) 569-0035 E-Mail: FL 32960 FAX Number. '(5 61 Affomey: Name: Address Phone Number. ( ) E-Mail: FAX Number. ( Engineer: Name: MOSBY & ASSOCIATES, INC. Address 2455 14TH AVENUE VERO BEACH Phone Number_ (561 ) 569 - 0035 FA3 E-Mail: ) 778=361 7 Surveyo .~. Name:. HAYHURST LAND SURVEYING Address I ! 22 OLD DIXIW HWY. Phone Numbec. ( 56~ 569 - 6680 E-Mail: FL 32960 Number, (561) 778- 3617 I, BRIAN DAVIS I VERO BE~C~{, FL 32960 FAXJ, Num~er. (561) 770- 3446 · BEING RRST DULY SWORN, DEPOSE AND SAY THAT: ~ I A~ THE OWNER AM THE LEGAL REPRESENT^TNE OF' THE OVVNER OF 'THE PROPERTY DESCRIBED VVHICH IS THE SUBJECT MATI|IER OF THIS APPUCATION, ANO THAT ALL THE INFORMATiON, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS AJ~pI'ICATION ARE ACCURATE AJ:q,O TRUE TO THE BEST OF' MY KNOVVLEDGE AND BEUF_.F. SIGNATURE DATE ~_WJ~O ~S PFJ{SONALL¥ KNm~N TO ~..0R PEOOUC~ {R ~O.O~ P--XPIRES: I',,lar~h B, sCo~NOJExPIRA'TION, . Fo~ CD-2oo~ - of 3 - =i [ Development Applicab'on JApproved: 08/27/97 j Rews/on:Page- z !Fi/eName:Doa J Permit Application No. The following is required for all comprehens;ve plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special .se permits, variances. exceptions, and appeals. i/VV'E.~X THE OVVNER(S) __ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPECAT1ON. HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE P]',]~NNT[~(; & BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE 'BOARD'/'COMM!SSION") TO PHYSICALLY EN~R UPON THE PROPER-P( AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPECA'IgON. I/VVE HEREBY, WAIVE ANY OBJECTION oR DEFENSE [JVV'E MAY HAVE. DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR ~IEWlNG-THE PROPERTY. INCLUDING ANY CLAIM OR ASSERTION THAT Id~JOUR PROCEDUI:~L OR SUBSTANTJVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED. OR SI~,TURE . Sworn to and subsc..dbed before me by _who is ~rsonall¥ known to m~or produced as identification, this i'~, day of. P,dnted Name of Notary Commission NoJExpiration ~_~ S&al: JForm CD-200~ Approved: 08/'27/97 · [ Revision: Pa~e 3 of 3 jDevelopment. Application F~ie Name: Don 10:06~M BLDG DE]~T S-~ASTIAN NO. Supplemental Information Rezoning Request ATTACH ADDITIONAL PAGES iF NECESSARY. X 1. X Proposed zoning: POD-B 2. Is the proposed re. zoning consiStent with comprei~ensive plan? If not, which one(s}? YES the other elements of the X X 3. Is the proposed rezoning in co~tformance with applicable substantive requirements of the city of Sebastian C, xle of Ordinances? If not, which one(s)? YES What land use and development changes have occun'ed since the effective date of the comprahensive plan Which are relevant to the proposed amendment? NONE X 5. Is the proposed rezonlng c~mpafible wi'~ the exJsting or future land uses of the city? ff not why not?. YES X Apprm~ed: &/'ZT,~7 Are them adequate public fadflties to which one(s) am not adequate? ¥] T serve the proposed land use? :S File Name: Sb"e, ax~ I ~,id.~l I~-'L~bHM ~:~_D~ D~PT SE]BASTiAN HO,~?I P.3~ Permit Application No. __ __ X 7. Would the praposed rezoning result in a significant adverse impact on the natural environment? If so, describe the impact. NO X Would the proposed re. zoning adversely affect the property values of the area, the general health, safety ancl welfare and impact the financial resources of the city? If so, describe how. NO __ -- × 9. Does the proposed mzoning result in an orderly development pattern? describe. YES If not, x 10. Atlach the following: a. A verified statement showing each and every individual person I~aving a legal and/or equitable ownership interest in the property upon which the application lot' re. zoning is sought, except publicly held corporations, in which case !he names end addresses c~f the corporate officers shall be sufficient. x b. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. x c. A survey.and legal description of the property to be rezoned. l~a~m Apprmmd: ~ DELAWARE AVE MONTE RD. ;:'ER ~T--~I ~1~' SEBASTIAN GREENS ~ CONOVER~E, LAr~EDA AVl DR, C~PRI SOUTH M O O N UNDER _1 i AVE -- I ADMIRAL [~'-~ ~ _1 HOM[ OF PF.J~CAbl iSLAND Growth Management Department Rezoning Application - Staff Report Project Name: Davis 80 Acre PUD-R. Requested Action: Rezoning from A-1 to PUD-R Project Location a. Address: b. Legal: See Survey Indian River County Parcel Number: 18-31-39-0000-1000-00003.0 18-31-39-0000-1000-00003.1 Project Owner: Brian Davis 9347 141't Avenue Fellsmere, Florida 32948 561-473-0246 Project Agent: Randy L. Mosby, P.E. 2455 14th Avenue Vero Beach, Florida 32960 561-569-0035 fax: 561-778-3617 Project Engineer: Same as above Project Surveyor: Hayhurst Land Surveying 1122 Old Dixie Highway Vero Beach, Florida 32960 (561) 567-4355 Project Description Narrative of proposed action: The proposed Davis PUD is now an 80-acre enclave situated south of South Moon Under Subdivision and West of Schumann Lake. The Davis family has requested annexation of the property and approval of the accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-2 (Low Density Residential, 6 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R, with an underlying zoning designation of RM-8 (multi-family) and a comprehensive land use designation of MDR. The conceptual plan outlines a total of 8 blocks = containing 434 total units with single-family units along the perimeter with multi-family units in the interior. The purpose for doing so is to provide a single-family buffer along the perimeter where there are existing single- family units. The proposed constitutes a gross density of 5.35 units/acre and a cumulative density of 7'.32 units/acre (total land area minus 10.9 acres of lake area and 10.8 acres of roadways). b. Current Zoning: A-1 (CountY) c. Adjacent Properties ~ Z:onirtg Current Lahd Use North: RS-20 South Moon Under East: PS Schumann [Lake South: RS-10 Sebastian Highlands West: RS-10 Sebastian ~ighlands Future Land Use LD INS LD LD Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: 81.0 acres Citrus Goves Immokalee, Pomello, Myakka Citrus Trees Zone A, Zone X (6) (7) (8) (9) Water Service: Indian River County Utilities Sanitary Sewer Service: ~ Indian River County Utilities Parks: Schumann Park - adjacent Police/Fire: Sebastian F~olice 3 miles County Firel- 3 miles Comprehensive Plan Consistency a. Future Land Use: L-2 (Countyl 2 10. 11. 12, 13. b. Level of Service (1) Traffic: The proposed will create an ADT of 4,383 Trips (434 units x 10.1). There will be an increased demand on the existing roadway network. The plan incorporates a primary access point as an extension of Bailey Drive and a secondary as the Fleming Street extension with yet another secondary access as an extension to Kildare Drive. (2) Potable Water: Applicant will be required to connect to county utilities, as they are currently available. Therefore, this creates a positive impact by reducing the number of potable wells. (3) Wastewater: Applicant will be required to connect to county utilities, as they are currently available. Therefore, this creates a positive impact by reducing the number of septic systems. (4) Stormwater: The level of service standard is the same for all development; therefore, no greater impact is expected by the proposed rezoning. (5) Recreation: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan will be required to demonstrate proper compliance with this regulation. (6) Solid Waste: There will be an increased demand on solid waste as the property is currently used as a citrus grove. (7) Other: Conformance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. Changed Conditions: Land Use Compatibility: The adjacent properties to the South and West are designated LD (Low Density Residential) and the area to the East is designated INS (Institutional) and the area to the North is designated LD (RS-20, Low Density Residential). The proposed PUD has incorporated a Low Density perimeter with a Medium Density interior so as to remain consistent and compatible with the surrounding land use designations. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Adequate Public FaCilities: Provided - public utilities (water, wastewater) will be incorporated in the development of the proposed PUD and on-site stormwater tracts are also incorporated in the proposal. 3 14. 15. 16. 17, 18. 19. 20. Natural Environment: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan will be required to demonstrate proper coml:liance with this regulation. Economic Effect: provided - The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 80 acres of land area and a maximum of 434 residential units, which in turn creates an expanded tax base for the City of Sebasti~an, Orderly Development: The proposed!land use change is consistent with the comprehensive plan and the propose(~ land use change provides for orderly development given the location of the ~site adjacent to .residential property and availability of sufficient public facilities and access. Public Interest: The proposed rezoningi is not in conflict with the public interest. Other Matters: The requested land usei change' and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcel will demonstrate compliance with goals and objectives as outlined in the comprehensive plan four annexation of enclave parcels. The proposed land use change will ~reate a greater impact on the water, wastewater, drainage and solid waste facilities. The Planning and Zoning Commission ireviewed the proposed annexation and accompanying land use and zoning char)ge at their regular meeting on March 15, 2001. Additionally, the Planning and[Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request. Analysis: The proposed Davis PUD is now an 80-acre enclave situated south of South Moon Under Subdivision and West of Schumann Lake. The Davis family has requested annexation of the property and approval of the accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-2 land use designation and the applicant wishes to re-zone the property PUD-R, with an underlying zoning designation of RM-8 (multi-family). The conceptual plan outlines a total of 8 blocks containing 434 total units with single-family units along the perimeter witl multi-family units in the interior. The purpose for doing so is to provide a single-family buffer along the perimeter where there are existing single-family units. The proposed constitutes a gross density of 5,35 units/acre and a cumulative density qf 7.32 units/acre (total land area minus 10.9 acres of lake area and 10.8 acres of iroadways). Conclusion: The requested rezoning fiom A-1 (County) to PUD-R is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 4 21. Recommendation: Staff and the Planning and Zoning Commission recommend the City Council approve the requested land use change with the following conditions: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan shall demonstrate proper compliance with this regulation. The land use change shall be conditioned upon receipt of annexation approval by the City Council. The property owner shall dedicate Fleming Street extension right-of-way during platting phase. The existing mobile home on the property shall be removed prior to construction if annexation of the property is granted by the City Council. DATE PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 15,200.1 Randy Mosby, representing Rick Wisher, gave a presentation and offered to answer any questions. Tracy Hass gave staff presentation noting that the APA standards for parking would require eight (8) parking spaces at this site. He also addressed the landscaping required for this site. Chmn. Mather opened and closed the public hearing at 7:12 pm, as there was no public input. In summary, staff recommended approval. MOTION by Vesia/Barrett I make a motion that we approve th~ Street, Sebastian. Roll call: site plan for Wisner Controls at Main VC vesia - yes Mr. Barrett Mr. Smith -yes Mr. Mahoney Mr. Barton(a) -yes Ms. Carbano Chmn. Mather - yes ~ The vote was 7 - 0. Motion carried. ~ yes - yes - yes (~ Public Hearing - to City Council - Comprehensive Recommendation n Amendment - Land Use MaP Change - Davis 80 Acre PUD-L-2 (County) to MDR - Medium Density Residential Randy Mosby, Mosby & Associates, was present representing the applicant and has already been sworn in. He gave a presentation mentioning annexation of this site into the City of Sebastian. He noted that this site! covers items B, C, & D on the Agenda tonight. He also commented that if City Counicil does not annex this property into the City, all issues before the P & Z Commission tonight become null and void. Randy proceeded to explain the conceptual plan which establishes density. He noted that none of the details are defined in the conceptual plan. Tracy Hass gave staff presentation noting that the conceptual plan, land use and zoning designation are the issues before this CommiSsion tonight. He also indicated that an annexation study is about to be done for the lCity of Sebastian, and at this time, the County is in favor of all of its enclaves being annexed into the City. He also spoke of the possible extension of Fleming Street, and wetlands that are on the site. Staff recommended approval with the two conditions in the staff report plus a third condition as follows: 3. The property owner shall dedicate Fleming Street extension right-of-way during platting phase. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 15, 2001 On a procedural note, Chmn. Mather commented that Items B., C., and D., were all discussed together, and Atty. Stringer indicated that each item should be voted upon separately. Mr. Barrett requested that a fourth condition be added, - namely that the existing mobile home on that property be removed prior to construction if it is accepted for annexation. Randy Mosby agreed that all existing structures would be removed prior to construction. There was some discussion on lot size. Mr. Mahoney commented that this project is a great project, but sees a problem with access to the site. Mr. Mosby responded that he can design around this, but has no details yet. Atty. Stringer noted that these details have not been addressed as yet, but felt it can be worked out. Tracy Hass also addressed this issue and assured Mr. Mahoney that residents will be notified, and this issue will be worked out. Mr. Mosby again noted that at this point, the conceptual plan is all that is at issue. Details of the design will come later and be presented for approval or disapproval. Mr. Mahoney again commented that this is a good plan, but was dissatisfied that some detailed questions could not be answered. Chmn. Mather opened the public hearing at 7:50 pm. Tut Connelly of Kildare Dr. in Sebastian spoke on this project. Ray Hatloran, 754 S. Fischer Circle, Sebastian spoke of his misconception of this site being a designated wetland. He also spoke of his concern for construction and pre- construction access to this site. Mr. Mosby did not have answers to these questions at this point. He repeated that this information is not required at this conceptual stage and he is not prepared to provide it. Chmn. Mather closed the public hearing at 7:59 pm. Staff summarization was to recommend approval. B. MOTION by SmithNesia I'll make a motion we accept the site plan review/recommendation to City Council the Comprehensive Plan Amendment, Land Use Map Change - Davis 80 Acre PUD, plus the four (4) conditions in the staff report as amended. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 15, 2001 Roll call: VC Vesia - yes Mr. Barrett - yes Mr. Smith - yes Mr. Mahoney - no Mr. Barton(a) - yes Ms. Carbano ~ yes Chmn. Mather - yes The vote was 6 - 1, motion carried. C. MOTION by Barrett./Carbano I'll make a recommendation that we recommend to City Council it be rezoned from A-1 to PUD-R with the foiur (4) conditions previously stated. Roll call: VC Vesia - yes Mr. Smith - yes Mr. Barton(a) - yes The vote was 6 - 1, motion carried. Mr. Barrett - yes Mr. Mahoney - no Ms. Carbano - yes Chmn. Mather - yes D. MOTION by Smith/Barrett I'll make a motion that we recommen¢ Development Plan - Davis 80 Acres amended by staff. Roll call: VC Vesia - yes Mr. Smith - yes Mr. Barton(a) - yes The vote was 6 - 1, motion carried. Mr. Mosby noted that Mr. Mahoney stated that voted no on all motions and he would like to know didn't feel some things have been addressed. CHAIRMAN MATTERS: MEMBERS MATTERS: None Ms. Vesia inquired about the canvas awning si that the contractor and owner responded that it w to City Council the PUD Conceptual PUD with the four (4) conditions as Mr. Barrett - yes Mr. Mahoney - no Ms. Carbano - yes Chmn. Mather - yes he was in favor of this project yet he why. Mr. Mahoney responded that he :ting on U.S.#l, and Tracy Hass noted ill be moved by the end of the week. Ms. Vesia then inquired about the lights along the bike path along CR-512, whether we pay for them whether they are lighted or not because a lot of them are not lighted. It was noted that the City pays whether they are lighted or not. 4 City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Budget Review Advisory Board Exhibits: Current Board List, Three At-Large Applications Expenditure Required: Amount Budgeted: (Remaining) Agenda No. ~/. ~ ~ ? Department Origin: City Cler~ / Date Submitted: 4/03/01 For Agenda of: 4/11/01 Appropriation Required: SUMMARY STATEMENT Code Section 2-223 provides for appointment of a temporay Budget Review Advisory Board following the election. Councilmembers Barczyk, Bishop and Majcher were re-elected this year and should now appoint a representative to the Board to serve the same two year term as the Councilmember appointing. We have also advertised for two at-large positions and have received three applications. The following is a list of Council appointees from last year. Appointee Ap_pointed By: Term: DAVID FOLKEN.ING VICE MAYOR BISHOP 4/99 - 3/2001 HERBERT MUNSART LARRY NAPIER GENE RAUTH DAVID FOSTER COUNCILMEMBER BARCZYK MAYOR BARNES COUNCILMEMBER MAJCHER COUNCILMEMBER HILL 4/99 - 3/2001 4~00 - 3/2002 4/99 - 3/2001 4/00 - 3/2002 RECOMMENDED ACTION Councilmembers Barczyk, Bishop and Majcher should name their individual appointees and then Council should interview at-large applicants and appoint two of them for one year terms. APPLICATION TO SERVE ON CITY BOARD/CO~fFVI~E (All City Board md Committ~ Memb~ Must be Rasi&mts of the City of Sebasd~) HOME ADDKESS: noME PriOr: ~;~ ~.-~/~7.- norm ~xx: BUSINESS: Bus~ss .~m~.ss:' //4-/-"~ ~ '~ ~ ~ ~ .... .~'S' . I BUS.SS P~o~ 7- ~'~us~s ~ ~.~: ~ ~ou~ ~s~~vo~ ~~ vo~.~.~o. ~/'"~ ~ ~ DO YOU'PKES]~q'/LY SERVE ON ANY OTI-IEK CITY BOARD OR CONIMI'rTEE? . w~nc~o,~s/co~ ' /' ~:~E ,,4~.V,~o ~ ~ P~^ss c~c× ~ ~o.~.~s os w~c~','o~.~ .~'~:~.. Tm ~ S~V~- ~'-0~ 0~' .. PKEFERENCE WITI-I FIRST CHOICE BEINO #1: BOARD OF ADKJSTMENT CHARTER:REVIEW COMMrlTEE (sm-t= only 6 months re, my 7 ~)- ~S ~ ~W ~SORY CODE ~ORC~ BO~ ~I~P~ ~F-~UA~0N CO~~ ~Ni390 ),110 JO 301JJ~ NYI15¥~i35 JO Q3AI3036I APPLICABLE EDUCATION AND/OK ~~CE: (ameh .~p mm~ re_mm= if a~-ssary) .P,F,A$ONS FOR WANTING TO SERV~ ON BOARD' OR COMMrrTEE: .~---, t~ cx,~[ d LIST ANY ADDITIONAL QUALIFICATIONS TO SEKYE ON BOA.KD OK COMMITTEE: HAVE YOU EVEK BEEN CONVICTED OF ANY FELONY IN THIS OK ANY STATE? tq' HAVE YOU EVEN BEEN CONVICTEDOF ANY lVlISDEMEANOK INVOLVING MORAL TUll3ITUDE IN ~ OK.ANY STATE?. ..~..' ' . . "..2_ ' ~. ~.~ . "."'., ,~' · I'bav: b~m provided with, ~ and ~tand City of Scbasl 2-173 (a~mck~. Infommfion relative to a sTecifi, e~/m~J~, r~Y CO~MISSION ~ CC 725840l EXPIRES: March 18, 2002 Bonde~ Th u NoIau Publ~ HOlVIE PHONE: BUSINESS: ~usm'~ss XDDlmS .-S?~--- HOME FAX: .ow .o.o DO YOU ~YHO~D ~o You~s~t ~ o~ ~ o~ ~ ~Q~O~ ~co~~..~. P~S~ C~C~ ~ BO~S O~ ~ YOu ~ ~~ ~ S~G ~'0~ O~ ,., p~~~~T~OI~B~O~I: "~ "' '/'~'""'' "" "'"" ~ co~ (~ o~ S ~ ~ 7 ~), . CODE ~0R~ B0~ . '/.'," . CONS~ON BO~ · ~I~P~ ~F-~UA~ON ; P~o ~ zo~o c0~oN ,~0L~CE ~ BO~ OF ~US~S ~~ON~ ~OKY B0~ ~ ~SOKY BO~ 0~ ~O~Y CO~ APPLICABLE KDUC~TION AN'D/OKEXPEKIMNCE: (alm~ Impazara r~um= ifn~,mss~ar,y,.)~ ~ · REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUA~LIFICATIONS TO SEKYE ON BDA,RD_OK COM/vl/TTEE: ' HAVE YOU EVER BEEN COlqVJCTED OF ANY FELONY IN TI-ES OK ANY STATE? . m,,,w You mn~ mn~ comnc'm~'.o~.~Z ~SD ....Ln'~O~' ..INV. OL~ ~O~. WO~ YOU c~sm~ ~e o~, ~o~.o~ ~ ~ o~(s) S~SCT~ app~ I ~~d ~ ~ ~p~mmfion ~ o~on of-~o~afi~ ~u~ ~ ~ ...... , who 'i. per~omlly lomw~ to. m~ ,or has'produmd asid=n c~ o ,' APPLICATION TO S.~RVE ON CITY BOARD/COMMITTEE (All City Board and Cornmitt~ Members Must b~ P,r..aidmts of the Ci~ of Sebastima) BUSINESS ADDF, F. SS: Bus]~sss P~o~,~ BUtaNeS AME YOU A ~Om~D VO~? HOW LONG ~ YoUB~ A DO YOU ~Y HO~ ~ ~C '0~? · PEG. 'NO. ' .... DO YOU'PR.EStilgrLY SERVE ON ANY OTHEK CITY. BOARD.OK'CON~E? CODE ~O~~ BO~ .... P~G ~ ZO~G C0~S~ON PONCE ~ BO~ OF ~US~S ~C~ON~ ~SOKY BO~ ~ ~SORY BO~ 0T~R ~O~Y C0~ ~ ~ C0~ ~lO All:} JO 7~OIjJO N¥11~VS~$ JO 03AI30~ PPLICABLE EDUCATION AND/OK EXPERIENCE: (~t~h ~p~-a~ m~u~: if m:~ssary) .P,Z~SONS FOK W.~N'I'~,IG TO g:]~V~!; ON BOARD OR COMlvCTT~E: LIST ANY ADDITIONAL QUALIFICATIONS TO SEKVE ON BOARD ,OK COMMITS: Bo/~,~D../~ t79'9 AWQ c~aa8 .... ~w You ~nm ~N co~vm't~ o~,e~ ~'~o~r m r~s oz a'er STA~? 787 RICHARD S. SMITH Carnation Drive, Sebastian, (561) 388-6142 FL 3Z958 SELECTED ACCOMPLISHMENTS O O O Launched an employee awareness program and booklet for fire safety that has been recognized by the New York State Fire Prevention Office. Provided an effective means of identifying and analyzing problem areas through a computer recording system. Consultant to Citibank facilities in the United States as well as 94 other countries, for security and fi re safety standards for all Citibank personnel. Liaison with top Citibank management, architects, contractors, municipal, state and federal agencies in the United States and throughout the world for security and fi re safety standards. Traveled extensively throughout the world to train and insure compliance with corporate security and fi re safety standards, and to correct any problems in these areas. SUMMARY OF QUALIFICATIONS An established and progressive career in fire safety, encompassing codes, employee awareness, training interaction with government agencies and building strong interpersonal relationships in both the public and private sectors. Directed the activities of professional and support personnel. Recruited, hired and trained new staff members and built effective teams. Designed and conducted training seminars for both in-house staff and the community. Formulated and administered budgets and forecasted the future needs of the department. Oversaw labor relations activities and mediated union contract negotiations. Instituted efficiency measures that resulted in significant cost savings and maximized productivity. Cultivated and maintained and excellent rapport with senior management, associates, community members and staff at all levels. PROFESSIONAL DEVELOPMENT Citicorp, New York, NY Vice President, Corporate Security and Safety Chemical Bank, New York, NY Assistant Vice President, Fire Safety Services Yonkers Fire Department, Yonkers, NY Fire Commissioner August 1987 - December 1996 June 1983 - August 1987 November 1955- July 1983 Richard S. Smith, Resume Page 2 EDUCATION MS- BS- AAS- Criminal Justice; Long Island University, Dobbs!Ferry, NY / Behavioral Science; Mercy College, Dobbs FerrY,, NY Summa Cum Laurie --3.87 GPA / Fire Safety; Westchester Community College, Valhalla, NY New York City Fire Department Officers' School, New York, NY Graduated #1 in the class MILITARY SERVICES 1982 1978 1974 1966 United States Navy Sea Duty, Electronic TeChnician Third Class During Korean War COMMUNITY ACTIVI'I'IES/HONORS o Certified New York State Fire Instructor o Evaluator, Board of Regents of the State University of New York o Accepted adjunct instructor, United States Fire Academy o Original member/author of the New York State Unil~orm Building Code o Member of New York State Fire Advisory Board - I~rivate sector representative o Chairman, President's cabinet for occupational edu~cation for Westchester C.C. o Chairman, Fire Science Advisory Committee, West~chester Community College o Member, Life Safety Code Committee, National Fire Protection Association o President, Fire Safety Directors Association of New York o Member-at-Large of Sebastian Citizen Budget Review Advisory Board, 1999 & 2000 o Member of Sebastian Planning & Zoning Board HOME OF PF. UCAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Citizen Advisory Task Force Exhibits: Applications, Ad Expenditure Required: Agenda No. ~/, ~)~ Department Origin: City_ Cler~ Date Submitted: 4/05/01 ForAgenda of: 4/11/01 Amount Budgeted: (Remaining) Appropriation Required: SUMMARY STATEMENT As discussed at the March 28, 2001 Regular Meeting, formation of a temporary Citizens Advisory Task Force is a requirement of the application for a Small Cities Community Development Block Grant. The City Manager was authorized at that meeting to apply for the grant. The following is an excerpt from the March 28, 2001 minutes: The City Manager advised that he was seeking authorization to apply for the grant and that a new citizens advisory task force must be established for appointment by Council on April 11, 2001 and a task force meeting on April 18, 2001. It was decided that each City Council member would appoint one member and then two at-large members will be advertised for and appointed. We ran a press release in the Press Journal for members and received eight applications as of today, Thursday, April 5, 2001. Due to the time crunch for these appointments, we ran a press release that simply informed that City Council will appoint a temporary task force of five to seven members rather than just asking for two at-large members in case Council members were not able to come up with appointees. Mrs. Barczyk has indicated that she is submitting her application only in the event that there were not a sufficient number of applicants to fill the board. RECOMMENDED ACTION Move to appoint members to the temporary Citizens Advisory Task Force. HOM~ OF PELICAN ISLAND MARCH 29, 2001 PRESS RELEASE QUALIFICATIONS: CITIZENS ADVISORY TASK FORCE RESIDENT OF THE cITY OF SEBASTIAN THE CITY IS SEEKING A COMMUNITY i DEVELOPMENT BLOCK GRANT FOR INFRASTRUCTURE IMPROVEMENTS TO THE LOUISIANA AVENUE AREA BETWEEN MAIN STREET AND CR 512. AS A PART OF THE PROCESS, ESTABLISHMENT OF A CITIZEN ADVISORY TASK FORCE IS REQUIRED. CITY COUNCIL WILL APPOINT 5 TO 7 MEMBERS TO THIS TEMPORARY TASK FORCE. APPLICATIONS ARE AVAILABLE IN THE CIT~ 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 THROUGH NOON ON THURSDAY, APRIL 5, 2001. DDRESS: t BUS]NESS ADDRESS: ~--~- BUSZq~SS PHON~: ,---- BUS/NESS FAX: ------- DO YOU'P~S~Y S~ ON ~ O~ ~ BO~ OE'CO~? CODE ~OR~ BO~ ..... CONS~U~ON BO~ PONCE ~ BO~ OF ~US~ P?~C~BLE P~UCAT~ON Alq~/OK EXPeCt: (am~. s~pm-am r~tmc .]~EASONS FORWANTING TO SE1WE 0N BOARD_ '~_OI~ICO~E; · , · tonded ~lu N~I~ Public Unde~t~ fom~pplicaL~d ~. 4/5/99 ~:~PIdlCATION TO S"ER~ ON CITy BOARD/CONFM'rI"I~E (All City Board md Corrm~irm~ Mmmber~ Mtm be ~_.~id~nts ofth~- City of Sebaztian) ~ 'h Wd g ~dVIOOa ~t~3'10 illO dO gOId..d~ N¥115'¥~13~ 30 iltO ~^170~ aPPLICABlE EDUC,.~TION .M,,ID/OK ~~~: .REASONS FOP,, W.M, UiING TO Si~'VE Olq BOA.R.D' 0~_ CO.~~.: . LIST ANY ADDITIONAL QU .ALIFI~TIONS TO sEKVE~0N BOARD.Oa COlvl]vlITT~: I-JA'v~ YOU ~dl~K BEEN CONVICTED OFANY FELONY IN TI-IlS OKANY STATS? MAVE YOU EVEN BEEN CONV~CTEDOF ANY MISDENIEANOR ,INV. OLlriNG MORAL authadz~ the` City of Sebasiiau to inwsl'iga~ t.~ tmtlhSlin~s of all i~ormafioa which I hate provid~ in .fl~..'. application. I ~mud ~aat any misr~msmmtion or ommissi,m ofirfformation rcqu.r.smi application is ~ for cli.sq,,~l~flcatic~ and' sworn to' bcfor~ 'is personally known to. m~, .~ hm 'pmdue~.d II~J EXPIRES: March '8, 2002 -£ormXappIi-.at.'wpd ~ r~. 4/5fP9 A??.LIC&TION T_O S. ERVE O~ GrrY (.MI City ~oard and Cornmirt~ Me. mb~rs Must be Re_~d~t~ oft. he City of Sebastian) BUSINESS PHOI,~:'%q ~ - f~ P ~-i'1 BUSINESS FAX: ~ow Logo ~ You ~ A ~~ o~ s~~ .,"~ .. "~ 4~ 7"/. DO YOU ~Y'~O~ ~ ~C O~? DO YOU'PRESENTLY S'KK~ ON ANY OTI-IER CITY. BOA.RD OR COMMITTEE? . . Wt~C.I-I BOAEDS/COlvINffrl']~? -bi' o "' PLEASE CI-~CK 15{E BOARDS ON '~rHIC~ YOU ARE ~TED IN.SEEVING IN' OKDER OF., PKEFERENCE ~ FIRST CHOICE BEING #h . BOARD OF ADru'STMENT C.,~.~T~ L~/X~ co~e, ir'i'l'~ (s~r~s only 6 manttm =wy 7 y~m,s) CgX'IZB~ BXID~L"T R.E~ ADV/SORY BOARD CODE ENFO~ BOARD " GONSTP~UCTION' BOARD HANDIGAPP~ ~-EVALUATION CO~ PLANNING AND ZONRgO COMMISSION POLICE KE~ BOA.RD OF TRUSTEES P,.ECKEATIONAL ADVISOKY BOARD ~I~13]O illO .-lO N¥11~¥1t~S =!O XlfO ~3.' AI303~ 3ubs~rih~ ~ud rwom APPLICA.BL~ :E33UCA. TION-~TgtOP~ EX2~C~: (~ mp~ ~ ~s~) · ~SONS FOR W~O TO S~ ON BO~ O~ CO~~: · ~0~? ~~c., ,. . ... '. &PPL]CATION TO 5-~RVE ON CITY BO. ARD/CO1MB'rlTTEE City Board and Comn-~rtee Mmmbcrs Mus~ be R~d~t~ of~e Ci~ of Seb~) BLTS~q'ESS ADD~..SS: BUSZ, UE~S PHONE: BUSINESS FA3~ E.NiA/L: AI~E YOU A R~GISTERXD ¥OT~K? '~ MOT~A ~G. NO. DO YOU ~Y'~O~ ~~UC 0~ ...... DO YOU'P~~Y S~ ON ~ O~ C~BO~ OR CO~? '"CONS~U~ON BO~ APPLICABLE EDUCATION AND/OK EXPeCt-: ,I~EASONS FOR WANT~O TO St~KV~ ON BOAP. D OR CO~: app~afi~ I m~ ~t ~y ~mmfion or o~on ~om~fi~ ~qu~ ~ ~s // who 'is parso~ly k~o~ to, ma, or has'produ:cd as identification. EXPIRES: March 18, 2002 ,~PPI~1LCATION ~0 S~BW ON CITY BO^]ZI)/¢O~I[ (AS1 Ci~ Board and Committee Members Must be P, esident$ oft. he Ci~ of Sebastian) HOW LONG HAVE You BEEN A KEgIDENT OF SEBASTIAN? ..DO YO~ ~¥ ~OLD Am, ~0~mO ~mm~ c__)' DO YOU'PKESMNTLY SERVE ON ANY OTHER CITY BOARD.OI~'COMM/TTEE? PLEASE CH]~CK TitE BOARDS ON WHICH YOu ARE IN--TED I~SEKV]NO IN' OP, D~t[ OF PP,.EFERENCE .WITH~T CHOICE BE[ING #1: '-' ' .:""',; ,'.', - · · . -......,,,: '-... ..... , ,., BOARD OFADAJ~TMEI, ri' '" ''~:'' :"':'"' C'~'t'~ l~aEw COMMn';~ (s~r~s only 6mOn~ ~v~ry.7 ~). cn-ma~s mm~ :~ ~Dvmo~¥ Bo,~m CODE ENFORCEMENT BOAKD ...... CONSTRUCTION BOARD ~ICAPPED SELF.EVALUATION COlvlMH'r~ PLANNING AND ZONING COMMi&~ION POLICE ~ BOARD OF TP. US'r-r. ES RECKEATIONAL ADVI$OKY BOARD ~ ADVI$OKY BOARD AP?LICA.BLE EDUCATION .5~qD/OP,. EXPKRIElqCE: (atm:h s~p,arat~ r~m¢ if n~:=ssary) · KEASONS FOP, WANTING TO SERVE ON BOAlZD' OR COMMITTEE: ~ST ~ ~D~ON~ QU~~ONS TO S~ ON BO~.OR CO~: I-IA,~ YOU EVEK BEEN CONVICTED OF ANIr FELO~ IN ~ OK ANY STATE? b~c, S~ of Florida ' ' ~\wP .£orm~app licat..,vp d r~v. 4~5/c39 ~i ,,'i~i.'i'~;~',, ANN V. ROUS$ ,~, :'?"'~, "'~% MY COMMISSION # CC 725840 '.:' _ ._' ~'~""2 APPLiCAq10N TO SERVE ON CITY BDARI)ICOM~TUI~ (All City ~Board and Cammirt--~ Membm-s Must be P.e~denu ofzh~ City of Sebastian) BUS/NESS: ~,~ ' BUS/NESS .REASONS FOR WANTING TO SERVE ON BOARD OR ~. . &wP-£orm~pplicat.wpd r~. 415199 TO SERVE ON CITY BOARD/COM-JVlT~ AP'B~ICATION (.All City ~oard and Commit't~ Mcmbe.:z Must be 2,e. sidmt$ ofth~ City of: ....... nus~ss ~o~ f~ su~s ~ ~-~: ~ vouz ~em~ vo~ V~ vo~~.No. now ~o~ ~ ~ou ~ z ~~,o~ s~s~ '?~~'.':..' ..' DO YOU'~~Y S~ 0N ~ 0~ C~0~:O~'C0~~.. ~~o~co~t" ~'~ ..... · PLEASE C~ ~ BO~S ~ ~ YOu ~ ~~ ~.SEE~ ~'0~ 0F ,. P~~CE~~T ~0I~ B~]: ' ' "' ~' "":' ":""'" ' "': ".,-" '" :" '"'"" "'" "'. '" B0~ OF ~~ '" ''~'''' ~'""~'":;: ":" ~~~ CO~ (s~ ~ ~' ~ ~ 7 ~). " CODE ~0~~ B0~ ........ CONS~U~0N ~I~P~ S~F.~UA~ON CO~ P~G ~ Z0~G C0~SION PO~C~ ~ B0~ 0F ~~ON~ ~0KY O~ ~O~Y Co~. hO h Wd S ~8 IOO~ .JO iilO PPLICABLE EDUCATION AND/OI~ .EXPF3 · ~ONS FO.P, W~G TO SEKV~j ON BOARD' OR ~Z ~ ~DmON~ QU~CA~ONS TO S~ ON'BO~ .0% CO~: . ' ~ YOU ~ B~ CO~~"OF ~ ~D~O~ 'wo~ you cO, sram ~o o~ A ~o~.em.~ , I'~w b~ pr~ ~ ~ ~ ~d Ci~ of Scb~ C~ of ~,d ' sworn co ' before .or / · Noj~iry Public, Sram ot~Fi~orid~ ' ' ,: ~ ~ ] { ~,>" ~ ',;,% MY COMMISSION ~ CC 725~0 v - / { %~.~ EXPIRES: Mamh 18, 2~2 ~ ~-fo~ppli~d ~ :~_ ~_ ~ _ ~ r..:- _..= ,-~,~ ~. 4Y5/99 ~ / , by hm ' produc:d RECEIVED CITY OF SEBASTIAN OFFICE OF OiTY OLE.RK AppLICATIO~ TO SERVE ON (All Ci~ Bo~d md C0~ M~b~ Mm b~~s~~~~) BUSINESS: BUS/NESS ADDKF~g: BUSINESS PHON~ BUSINESS FA3~ E-MA/L: ouA ' .. DO YOUP~S~Y S~ ON ~ O~C~ BO~ OK'CO~? n . ~s~ cm~ ~ ~o~S o~ ~ ~o~ ~~ m s~o m o~ oF. s~c~~'~oz~ s~o~]: "~' ' "'"""' ' · '..', '" ...:.. ',-.., ",- '..-., BO~OF~~ '" ''~'''' :"':":;' ': "'~" " "'" " ~S B~ ~ ~SORY BO~ CODE ~OK~ BO~ . .:..' ~ ~ CONS~U~ON BO~ ~I~P~ S~F-~UA~ON CO~~ P~G ~ ZO~G CO~S~ON PONCE ~ BO~ OF ~US~ ~C~ON~ ~SOKY BO~ ~ ~OKY BO~ OT~ ~O~Y CO~ AP?LICABI. E EDUCATION A~rD/OK · REASONS FOK WANTING TO StiRf~ ON BOARD' oR COMMITTEE: ~ ' ' nsT ~ ~Drno~A~ Qo ' ..~c~.~s TO Sm VE ON BOARD HAV'E YOU EVEN BEEN CONVICTED'OF ANY MISDEMEANOK !1)~..OLVING MORAL TUP~ITI~E IN ~ OKANY STATE?, ' , " . (~'' " .... ' ' ' WOLE,~ YOU CONS~DEK SERV~O ON A BOARD.OTHER ~ app~ I ~~ ~ ~ ~~mfion or oaion of'~o~fion ~qu~ Sally A. Maio .~,~. '~? MY COMMISSION {4 CC748491 EXPIRES ~,2~}~,~ October 5, 2002 r~v. 4/5/99 City of Sebastian Subject: Tree Advisory Board Agenda No. App~ed for~.~ubmittal by.~C,~ty ~anager Department Origin: L=r.....,,/~ ~ ~ ~- For Agenda of: Exhibit: Six applications, board member list, adve~isement ~xponditur~ R~quimd: ~mount Bud~,t,d: I D/,/o4} City Clerk~ 4/4/2001 ' 4/11/2001 Appropriation Required: SUMMARY STATEMENT The Tree Advisory Board has three regular member positions open due to term expirations on 4/1/2001. All three current members Anne Dann, Cathy Fulton and Ruth Davies are eligible for reappointment and have resubmitted applications. There are also three other applicants, Rodney Hicks, Catherine Ackerman and Greg Conover who are interested in serving on the Tree Board. RECOMMENDED ACTION Interview applicants, unless waived, and appoint three to the following positions: Regular member position of Anne Dann - three year term to expire 4/1/2004 Regular member position of Ruth Davies - three year term to expire 4/1/2004 Regular member position of Cathy Fulton - three year term to expire 4/1/2004 A?PLICA~'ION TO SERVE ON CITy BOARI)/CQMMITTEE (All Ci~ Bo~d ~d Co~a~ M~b~ M~ be R~id~ts of~e Ci~ of Seb~) BUS/N~SS ADDP,~g: BUSINESS PHONE:, BUS]NESS FAX: E-MAIL: ARE YOUA R.EG:IS~¥OTF.~?/d..C VOTffR..~G. NO. ~"~00[ 7 ~ss c~cx ~ so~S ow ~ YOU ~ ~s~ m.sm~o m.o~ oz _ ca~rfmPa'vm3v coMMrrnm (r,m,= omy 6 m°nt.~ =,=y 7 ~). ~s ~ ~ ~oxY ~o~ CODE ~ORC~ BO~ ....... CONS~U~ON BO~ ~I~P~ ~-~UA~ON CO~ P~G ~ ZO~O CO--SION POLIC~ ~ BO~ OF ~US~S ~C~~ ~OMY BO~ ~ ~SO~Y BO~ OT~R ~O~Y CO~ IST ANY ADDITIONAL QUALIFICATIONS TO SEKVE ON BOARD OR COMRvEIq~B: I{AV'B YOU EVEK BEEN CONVICTED OF ANY FfiL~ IN TI-]/S OK ANY STAT~? . ~ YOU E~ B~ CO~C~ ~~B cossmm I ~ ~ ~ I ~ ~.to ~ld ~: ~ifi~ for ~ ~s app~on i~ m~.'F~, I h~by . I'~ ~ pm~ ~ ~ ~8 ~d ciU ofSeb~ C~ of~~ S~fio~ 2-166 ~ou~ , who 'is .p=ae~ait3c ka~r .or tms'produc~ ~s identification.! .~,, LINDA M, GALLEY ~% MY COMMISSION # CC 740478 ,.~? EXPIRES: June 18, 2002 ~, eon..~?j~ ,~.7 APPLICATION TO b']ERVE ON CITy BOARDICOAI3ilTTEE (All City Board and Committee Mm'nbm's Must be Residents oft. he City of' Sebastian) Busm,mss Ar>DP, sss:';~/O2,~ /~__~.,uax:~ ........ HOW LONG ~ yOU B~ A DO YOU'P~S~Y ~ ON CODE ~OR~ BO~ CONS~U~ON BO~ P~G ~ ZO~G CO~ON POLICE ~ BO~ OF ~US~S ~C~ON~ ~SOKY BO~ ~ ~SOKYBO~ O~R ~O~Y CO~ N¥11g¥8'3-~ ~0 i'tlO .-Q2AI3.0~ PPLICABLE EDUCATION AND/OK .EXPEKIENCE: (allach s:parat~ m_sum: if~.~ssary) .~EASONS FOP, WANTING TO $]~V~ ON BOARD OR CO~E: LIST ANY ADDITIONAL QU ' .AiIFICATIONS TO SEAVE ON BOARD,OR COMMITTEE: HAVE YOU EVEP. BEEN CONVICTED OF ANY Ff~ONY IN THIS OR ANY STAT~? WO~ YOU cONsm~ S~O ON A BO~.O~ ~ ~ O~(S),~CT~ app~fion ~ ~ for "~ ', Thru NoaE Public ~. 4/5/99 A??LIC&TION TO SEREE ON CITY (~ Ci~ Bo~d md Co~ Memb~ M~ be R~d~ts of~e. Ci~ of Seb~) HOlvlEPHONE: ~c'ff~.3~.f,7 I-IOIVI~FAX: E-MAIL: BUS]NESS: ' ,,x//,~ BUSINESS ADDRESS: ., BUSINESS PHONFz BUSINESS FAD2 E-MAiL: ~¥OUA~~vo~? 2/~.~ vo~.~,No. 7~' ~'~ ~o~ ~o~o ~ ~oo~, ~~.o~ ~~,'..__~.~,~~-.-~.,~.. DO YOU'P~S~Y S~ ON ~ O~ ~ ~sE cmcx ~ ~o~S oN ~ you ~ P~~CE ~ ~T ~0I~ B~O ~1: BO~OF~~ '"'~:' '""~":: '~ ~' '"' '..' '" " ~~~ CO~ (~= ~ ~ ~ ~ 7 ~). CODE ~OR~ BO~ , .;.... ,... CONSEU~ON BO~ ~I~P~ S~F-~UA~ON CO~~ P~G ~ ZO~O CO~ON PONCE ~ BO~ OF EUS~S ~C~ON~ ~ORY BO~ ~ ' ~ ~SORY BO~ O~R ~O~Y CO~ ~'~3-10 AIIO .-I0 APPLICABLE EDUCATION AND/OK EXPERIENCB: lattach LIST ANY ADDITIONAL QUA~LIFICATIONS TO SERVE ON BOARD.OR COMMITTEE: WO~ YOU CONS~ S~O 0N A BO~.O~ ~ ~ O~(S~.~CT~ ,or has ' produ;:el APPLICATION TO SERVE ON CTYY BOARD/COMMEFTEE (All City Board and Commkt~ Me. mb~rs Mu~t be Residents of the City of Sebastian) BUSINESS ?I-ION~: ~-~9- 7777 BUSINESS FAX: ~/ZZ7 ~ YOU A ~G~D VO~R? y~ VO~-~G. N0. ' ~ow LOgO ~ ~OU ~ X ~Sm~ O~ S~S~ '..'~ 'Y~' ~7 ....... DO YOU ~Y HO~ ~ ~HC 0~7 ~0 DO YOU P~S~Y S~ ON ~ O~ C~ BO~ OR CO~~E? ~CH BO~S/CO~S? NO "' P~SZ cmc~ ~ Bo~S. ON ~ YOu ~ P~~CE ~ ~T ~OICE B~G $1: . Z o .-4 BOARD OF AD.RJSTMENT ~'" '~ CI--IA.R."I"f~ R.EVIE~ COMMrITEE (se:rws only 6 months ~ve~y 7 y~rs) C/I/ZENS BUDGET REVIEW ADVISORY BOARD CODE ENFOKC~ BOARD .. CONSTRUCTION BOARD HANDI~P~ SELF-EVALUATION COMM1TrEE PLANNING AND ZONING COMMISSION POLICE KET~ BOARD OF TRUSTEES ADVISORY BOARD OTI-{ER TEMPOKAKY COMMITTEE ', (WRITE IN COMMrrr'EE NAME) APPLICABLE EDUCATION AND/OK EXPERIENCE: (attach s:parat~ r~umc if aec~ssary) · REAS~ ONS FOR. WANT]NO TO SERVE ON BOARD oP, CONIlvlITTEE: ~ . .,~ ' LIST A/qY ADDITIONAL QUAL. IFICATIONS TO SERVE ON BOARD OK COMMITTEE: HAV~ YOU EVEK BEEN CONVIC'I3~ OF ANY FELONY IN THIS OK ANY STATE? /~0 HAVE YOU EVEN BEEN CONVICTED' OF ANY MISDEMEANOK INVOLVING MORAL Tt~rrtm~ ~ T~S 0~.~ STATm ~0 wou~v ¥% co~s~ s~vn~e o~ ~ ~o~.o~ ~ ~ o~(s~ ~c~ I hr:by ~ that I am qualifi~l to tmld 'me position for wMzh t~ application is made. Funh=, I her:by authoriz~ th~, City of Sebastian tn inv~tigat: th: tmthfulm~ of all information which I have provid~ in this applkation. I ~taad tha~ any mismpr~mtafion or orami~sion of information mqu~st~l in ~ application is ~ for di~qualificmfiom. I'hav¢ be~n provid~l ~th, m~d and uad=stand City of 5¢baStiaa Co& of Orai,,-r~s Sections 2-166 through Subs¢~ib~t and' v, vora to b~or~ m~ this ~'"~-"day of ~F.J, , ~OOO, by , /'~o'is p=S°~ally known to. me, or h= 'produ¢=d ~ _ as identification, i , ' ' ;f ~' ~ng" Notary Public, Sm~ of Florida ~~ APELIC^T~ON TO._$ERV~ ON cITy._ BgARD/C~E city =d Commat= M,mb BUSINESS: BUSINESS ADDP, F. SS: o BUSINESS PHON~ a BUSINF~$ FA3~ .AKEYOUAKESlSTERED¥0TEK? 'y'~ ~ VOTERREO. N0. ~ ~ow ~ONO ~ yoU~ x ~sm~ OF s~s~ ..... ~.g.. '"f~:,~.~ s DO YOU ~Y HO~ ~ ~nc om~? ~ O ~ YOU'P~S~Y ~ ON ~ O~ C~ BO~ OR CO~~E? ~sE c~cK ~ Bo~S ON ~ YOU ~ ~~ m SE~ ~ O~ OF P~~CE ~ ~T CHOICE B~G ~1:. .. BO~ OF ~S~ "':" - ~~~ CO~ (~ o~ 6 ~,t~, ~ 7 ~) C~S ~ ~W ~SORY BO~ CODE ~OR~ BO~ .. CONS~U~ON BO~ ~I~P~ S~-~UA~ON CO~~ P~G ~ ZO~G CO--SiON POLICE ~ BO~ OF ~US~S ~C~ON~ ~SOKY BO~ ~ ~ ~SORY BO~ OT~R ~O~Y CO~ · REASONS FOP. WANTING TO SERVE ON BOARD' OR COMRdlTrE~.: LIST ANY ADDITIONAL QUALIFICATIONS TO SEKVE ON BOARD OK COM2vff~B: HAVE YOU EV]~ BEEN CONVICTED OF ANY FELbNY IN TI-]/S OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY lVESDEMEANOR INVOLVING MORAL TUILP~E IN THIS OK A2gY STATE?. ~j,, ~. WOULD YOU CONSmER SERWNe OS A ~OXPa:.qTmm ~ T~m O~(S)..~S~SCT~ apph~ I ~~d ~ ~ ~~mfion or omni,sion of ~o~fion mqu~ ~ ~ I'have been providext witlx, mad and understand Ci~, of Sebislian Cod~ of Ordinances Sections 2-166 through 2~173 (atm::h~). Information mlmiw t.o a ~¢ board or commit~ is availab~ ifmqucst~,,d. Subscribed and m,~m to before mc this ~D'Z:;f) "doy as idcnti~cation. ~-£orm~appli¢~.wpd my. 4~5~99 kno~-n t~ me,_._or has'produced ~PPLICATION TO.$.,ERVI~ ON CITY BOARD/CO~]~ (All City Board and Commirt~ ]Vlembm'~ biust be Re~denu oft. he City of Sebamian) HOME ADDRESS: BUSINESS PHONM: BUSINESS 1AX: A~Z YOU A HOW LONG DO YOU ~YHOLD ~ ~nC '0~ " " DO YOU'PRESENTLY SERVE ON ANY OTI~R CITY. BOARD OR'COMMITTEE? Wt-]IC~ BOARD£/CO~? 'AJ .0 ..... PLBASE CI-IBCK TH~ BOARDS ON WIt[CH YOU ARE ~T~D IN.SEKV]Iq~ IN"OKDEIL OF PkEFB~CE ~ I:IRST'CHOICB BE]NO #1: "' "' ' '.'"'~:':" ' '" "" · ':: '"" .... ' "'" .... ,,, .,', :,.. ..--: , :,. .,.,,' .-'.;,.? BOARD 0FADrJSTMENT '" ''~:'' '""":" ' ' ': ~' ".'" ' '" " CI4_A~7~ I~'VID~ CONIMrFF~ (s=v:s only 6 m°ntl~ m,=,~ 7 y~). crrIzENs BCJD~ P,.EVIEW ADV'/SORY BOARD ,.,.., · CODE m,lro~.~ ]~0A,~D .... CONSTRUCT/ON BOARD HANDICAPPED SELF-EVALUATION COMM/TrF~ "~ :i V", PLANNING AND ZONINO C0MM~SION ,-, POLICE ~ BOARD OF TRUSTEES R.ECR2,ATIONAL ADVISOKY BOARD -.~ TREE ADViSOKY BOARD .0THEK TEMPORAKY COMMZiT~ ~E IN COMMITTEE NAME) r. 0:~ PPLICABLE EDUCATION AND/OR .EXP~CE: (~h s~p~-at~ r~'um~ ii'n~ssa.'y) .REASONS FOR WANTING TO SERVE ON BOARD' OP, COMM/TTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SEKVE ON BOARD.OK COMMI~: HAV'E YOU EVEK Bi~N CONVICTHD OF ANY FELONY IN THIS OKANY STATE? TUtLPITUDE IN THIS OKANY STATE?. . :i ~ ~: -. -.. :,.. wou-~ You cor~sm~ s~xv~e os A ~oxm).o .u-nm ~ ~ o~(sLsumsc~s~ ABO~E? .. ~uthoriz~ th~ City at' Seb~sfi~u to inv~fig~ thc mtlhfuln~s ofsll infarm~fion which I h~v¢ provid~l in.this ~ppli=afion. I und~mnd tl~t ~, misr~r~mmtion or ommissian of information mqu~sl~l in this · I'ha'v~ .b~n pro'v~dcd v,,ith, maxi ~ tm&rst~d Cit'), of Sd~a~m Cod: ofOr~ S~:ctlo~ 2-166 tlm'ough Subscrib~l and'sworn to'bet'bm mc this C'~ P__~- Cot~)~e~-~ , who 'is "~'/'-' bUP-./._lC · as %,,. _'s)~...~ -- / I ')1! / - ~~8~r~tce&Boncllngl, lnc. / ~ ,~../ ....... ~ .................. I,/ ' .// ~v,.p-mrmmppnc, ar. wp,n '~ tm,. 415/99 pm'lsovally known to..m~? .or has'produ~d NUMBER OF BOARD TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 1/1/2001 AND WILL BE REViSED AT THE BEGINNING OF EACH MONTH. THESE POSITIONS ARB TWO YEARS ACCORDiNG TO TIlE CODE OF ORDINANCES. TREE ADVISORY BOARD 2 YEAR TERMS MEETINGS SI-IALL BE HELD AT SUCH'PLACES AND TIMES AS SPECIFIED BY TIlE CITY COUNCIl, FROM TIME TO TIME, AND SHALL BE OPEN TO TI4E PUBLIC. CATHY L. FULTON 249 EASY STREET SEBASTIAN, FLORIDA 32958 388-0570 HOME TErn :xpmas: I CHARLES D. CAKDINALE 474 THOMAS STREET SEBASTIAN, FLO1LII)A 32958 589-4892 HOME APPOINTED RBG~ MElv~ER: 4/98 TERM TO EXPIRE: 4/2000 REAPPOINTED REGULAR MEMBER: 4/26/2000 TERM TO EXPIRE: 4/2002 ANNE DANN 826 ROBiN LA_NE SEBASTIAN, FL 32958 388-3440 APPOINTED TO KEGULAK MEMBER POSITION TERMVACATED BY CLAY FIELD/NO: ~/TO EXPIRE: . LYNN Al, BURY 1666 SEAI--IOUSE ST. SEBASTIAN, FL 32958 589-0037 APPOINTED TO REGULAR MEMBER POSITION VACATED BY DANNE HER.LAN: 12/15/99 TERM TO EXPIRE: 4/2000 REAP]POINTED REGULAR MEMBER: 4/26/2000 TERM TO EXPllLE: 4/2002 RUTH DAVIES 497 LLOYD 'STREET SEBASTIAN, FL 32958 589-3687 .aPPOINTED TO REGULAR MEMBER POSITION VACATED BY VIRGINIA GORDON.' 1~~9-. TERM TO EXPIRE: .. ~-~/~ BEVERLY TERGBOGLOU-BELL 59.1 WIM]BROW DRIVE SEBASTIAN, FLORIDA 32958 388-5015 APPOINTED ALTERNATE MEMBER UNEXPIRED TERM OF.CHARLES ROTFI: 4/26/2000 TERM TO EXPIRE: 11/2000 REAPPOINTED REGULAR MEMBER: 12/21/2000 TERM TO EXPIRE: 11/2002 LARRY BIRCHMBYER 634 BREAKWATER TERRACE SEBASTIAN, FLORIDA 32958 388-8586 APPOINTED ALTERNATE MEMBER POSITION VACATED BY WILLIAM BROGNANO: 12/7/2000 TERM TO EXPIRE: 11/2002 BOARD SECKETARY - TIM ZELINSKI 98 HOf~l~ Of Pf. LICAN ISLAND MARCH 22, 2001 PRESS REI,EASE TREE ADVISORY BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THREE REGULAR MEMBER POSITIONS ON THE TREE ADVISORY BOARD DUE TO TERM EXPIRATIONS. QUALIFICATIONS: RESIDENT OF THE ciTY OF SEBASTIAN BOARD MEETS THE FIRST MONDAY OF EACH MONTH AT THE TREE ADVISORY 5:30 P.M. iN THE CITY COUNCIL CHAMBERSi 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 THROUGH TUESDAY, APRIL 3, 2001. 941-312-9449 o4/o5/oi city Of Sebastian 1225 Main St. Sebastian. Fl. 3295B 11~t5 0t~ Dixie ~tqhway re,eased. ~ woul~ lika it p~ese~ted to City Thank You, Sin=e:el¥, £~90 ii£ I$~6 : 'ON BNOHd RESOLUTION NO. R-01-19 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENACTI31G EMERGENCY WATER RESTRICTIONS; PROVIDING FOR CONFLICTS ltEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Sebastian and much of the state of Florida is in the midst ora drought of historic intensity; and WHEREAS, the primary source of drinking water for the citizens of the City are private wells, which are going dry with increasing regularity; and WHEREAS, the City Council has previously declared a water shortage emergency for the City; and WHEREAS, City Code section 102-82 authorizes City Council to enact further restrictions as to water use during such water shortage emergency by way of resolution; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. EMERGENCY RESTRICTIONS. The City Council of the City of Sebastian does hereby enact the following additional emergency water use restrictions: Irrigation shall be limited to two days per week. For odd numbered addresses, these days shall be Wednesday and Saturday. For even numbered address or places with no numbered address, these days shall be Thursday and Sunday. Irrigation shall be prohibited between the hours of 9 p.m. and 5 a.m. ~O ~ Commercial or charitable carwashes, except those utilizing mechanized water recycling systems, are prohibited, It is hereby declared that violations of the City Code Chapter 102, Article IV, the City of Sebastian Water Restriction Plan, including the provisions of this resolution, "present a serious threat to the public health, safety and welfare" within the meaning of City Code section 2-194(c)(1), and any violator thereof shall be given an immediate citation. Section 2. are hereby repealed. Section 3. EFFECTIVE DATE. (72) hours following its adoption. CONFLICT. All resolutions or parts of resolutions in conflict herewith This resolution shall take effect seventy-two The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcheri Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of March, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian, Florida Subject: Resolution No. R-01-28 Vacation of Easement- Favret Lots 3 & 4, Block 15, Sebastian Highlands Unit 1 Agenda No. '0/. /0 2- Department Origin: Growth Managerpent Date Submitted: 4/02/01~net// "~t~ (TH) For Agenda of: 4/11/01 Exhibits: 1) R-01-28 EXPENDITURE REQUIRED: None 2) Site Map 3) Staff Report 4) Application 5) Utility Letters AMOUNT BUDGETED: APPROPRIATION None REQUIRED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements located on the north six (6) feet of Lot 3 and the south six (6) feet of Lot 4, Block 15, Sebastian Highlands Unit 1, less the eastern ten (10) feet and the western ten (10) feet thereof (as requested by Indian River County Utilities). The applicant wishes to construct a single family dwelling on a double lot. Adopt Resolution No. R-01- 28 RECOMMENDED ACTION RESOLUTION NO. R-01-28 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 3 AND 4, BLOCK 15, SEBASTIAN EIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a new single-family residence at 225 Easy Street within the City of Sebastian; and WHEREAS, the owner of the land upon Which said improvements shall be built has filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and ~ WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVI SEBASTIAN, as follows: Section 1. VACATION OF EASEMI Sebastian does hereby vacate, abolish, abandon previously dedicated for a public utility and draina ',D BY THE COUNCIL OF THE CITY OF ;NT. The City Council of the City of and discontinue all of that portion of land ge easement described as follows: The northem most six (6) feet of Lot 3 and the southern most six (6) fe~t of Lot 4, less the eastern most ten (10) feet aml~he,~,a~m~t t~t~e,r IIt~q~, all being in Block 15, Sebastian Highlands Uait 1, as recorded in Plat Book 5, Pages 14 & 15, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian Rix~er County, Florida. Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. upon its adoption. The foregoing EFFECTIVE DATE. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public This resolution shall take effect immediately Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this CITY OF SEBASTIAN, FLORIDA ,2001. day of By: Walter Barnes, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney oo~ ....... ¥-- ,O0'09L A1 ,,O[,~lO00 g HINON i.o~.oo N ABANDONMENT OF EASEMENT Staff Report Project Name: Residence for M.E. Favret Requested Action: Abandonment of the side public utility and drainage easements located on the northern six (6) feet of Lot 3 and the southern six (6) feet of Lot 4, Block 15, Sebastian Highlands Unit 1, less the east ten (10) feet and west ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: 225 Easy Street Lots 3 & 4, Block 15, Sebastian Highlands Unit 1 a. Name: M.E. Fawet b. Address: 262 Easy Street Sebastian, Florida 32958 Project Agent: a. Name: MGB Construction, Inc. b. Address: 945 Fellsmere Rd. #3 Sebastian, FL 32958 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the side public utility and drainage easemems platted on the northern six (6) feet of Lot 3 and the southern six (6) feet of Lot 4, Block 15, Sebastian Highlands Unit 1, less the east ten (10) feet and west ten (10) feet thereof. The client wishes to construct a single family dwelling on a double lot. b. Zoning: RS- 10 c. Future Land Use: LDR d. Existing Land Use: Vacant Utilities Comments: a. Florida Power & Light: approved Southern Bell: Charter Communications: Indian River County Utilities: City Engineer (drainage): approved approved approved, withacondition approved Growth Management Director Commentst none Staff Recommendation: Approve ResOlution R-01-28 Prepared by Date Development Order Application Applicant (If not owner, written authorization (notarized} from owner is req_uired) Name: Address: Phone Numbe~. ( E-Mail: ) - FAX Numben ( ) - Owner (If different from applicant) Name: M. E. Favret Address: 262 Easy Street; Sebastian, F5 32958 Phone Number:. ( 561 ) 589-4476 d~)~. ~ IType of permit or action requested:abandonment of easement PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED· Aq'TACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. IA. Project's Name (if applicable): B, Site Information Address: 225 Easy Street Lot: Bloclc Unit: Subdivision: 3 & 4 15 1 Sebastian T~igh]aDd~ · Indian River County Parcel ~ 01-31-38-00002-0~50-00003.0 a~d -00004.0' Zoning Classification: Future Land Use: residential Existing Use: PropoSed Use: vacant land new home construction C. Description of proposed a~ivity and purpose of the requested permit or action (attach extra sheets if necessary): abandonment of easement DATE RECEIVED: ~,...__/~ld.( IF otto CD-200'1 Approved: 08/27/97 Revision: FEE PAID: RECEIVED BY: Page ~ of 3 tDevelopment Application File Name: Dca -D. Project Personnel: Agent: Name: Address Phone Number:. ( Permit Application No. MGB Construction, Inc 945 Fellsmere Road Unit 3 Sebastian, FL 32958 561) 589- 7472 F;~XNumbez (561) 589 -0663 E-Mail: Attorney: Name: Address Phone Number:, ( ) FAk Number. ( ) E-Mail: Engineer: Name; t~c).n K~ller Address US 1 Sebastian, Phone Number. (561) 589 ~ 0712 ~qH =ng ineer in~ FL 32958 , FAX Number:. ( ) E-MaiL: Surveyor: Name: Thomas Cecrle Cecrle !and Survevinq, Inc Address 10749 US 1 Sebastian, FT 32958 Phone Number. (561) 38.8 - 0520 FAX Numben ( ' ) - E-Mail: i J, , BEING FIRST DULY ~WORN, DEPOSE AND SAY THAT'. J AM THE OWNER ~ I AM THE LEGAL REPRESENTATiVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'CI'ER OF THIS APPLICATION, AND THAT ALL THE INFORMATiON, MAPS, DATA ANDJOR SKETCHES PROVIDED IN THIS APPLICATION ARE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTiFICATION, THIS /b DAY. OF R e visio ri: Page 2. of 3 JDevelopmenl; AppficaEon File Name: Doa ermit Application No. The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. IJ~/VE, __ THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER'FY DESCRIBED WHICH IS THE SUBJECT OF THIS APPUCATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE 'BOARD'/'COMMISSION"~ TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPER'P/' IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE IJWE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEW'lNG THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS R, IGHTS UNDER THE FLORIDA CONSTiTUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT iS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMLSES MACE, B~AN~ EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CiTY OF SEBASTIAN. ., ~_~ SIGNATURE DATE Sworn to and subscribed before me by /~, ~ who is personally known to me or produced '~'~-/~ as identification, this ~ day of /77~.~ A. Notary's Signature Pdnted Name of Notary Commission No./Expiration IForm CD-200"I Approved: 08/27/g7 I Revision: Page 3 of 3 JDevelopmen~ Appflca~ion File Name: Dca r Permit Application No. Supplemental Information Easements, vacation of Describe the easement to be vacated ! (provide a legal description, if possible): 6' public utility and drainag~ easement running between lot 3 Block 15 Unit 1 and Lot !4 Block 15 Unit 1 in Sebastian Highlands Why is this vacation of an easement being request? new home construction Attach a survey showing the location of the property .lines, all easements and all structures on the property. ' IForrn CD.2009 -Approved: 8/27/97 Page Revision: Vacation of Easements File Name: Sieasev r'tO, 543,~ P, Mm,ch 20, 2001 six (~) fm~t of Lot 3 and ~e s~ six (6) feet o~ Lot 4, Blo~k 15, ~Loaation of Ensomont:. 225 Easy Street, Seba~i~n, l~lorida UT[LI?Y: Podr~ Rublera, FPL APPROVED:__ X~ DENIED: APPROVED/I~r~]~ BY (signature) ~AX NO: (!~61) 499.6224 COMMENTS: Retunl to; Do~ Bosworth, City ot,%baatiau, Orowti~ M~agemeut Depmstment No. ($6 ! ) 589-2566, @ BELLSOUTH BellSouth Telecommunications, Inc, 3300 Okeechobee Road Room 213 Fort Pierce, FL 34947*4552 Date: March 21, 2001 Dorris Bosworth City of Sebastian 1225 Main Street Sebastian, Florida 32958 Billie C. Greenlief General Manager-Network Operations Indian River Division 561 468 9970 Fax 591 466 4705 KE: PETITION TO ABANDON/VACATE EASEMENT Dear: Ms Bosworth i Per your request, BellSouth has no objection to the abandonment of the utility easement described herein: The public utility and drainage easement located on flue northern six (6) feet of Lot 3 and the southern six (6) feet of Lot 4, Block 15, Sebastian Highlands Unit 1, less the east ten (10) feet thereof. We have no facilities within this portion of sa/d utility easement. For further assistance please contact Kirk Walker at {561) 468-5538. Yours truly, ~kBillie C. &eenlief'/ General Manager cc: Kirk Walker C~ of Seba~isn 1225 MAIN STRBBT ~ SEBASTIAN, FLOP. IDA 3295~ TELF. i:'HONB (561) 589-55~7 [] FAX (561) 589-2566 FOR ~O~r!vm~T,OF EA~E~ ME_NT M~roh 20, 2001 D~orip~n of Easement lm be abandoned.: The public ~ am~ ~a~e ~~ located on · ¢ no~ ~ (6) feet of Lot 3 ~d ~e sou~em ~ (6) f:~ of L~ 4, Block 15. La_~ation of Easement: 225 Ea~y Street, Schastiau, Flori~ UTILITY: Ken V~ekers, Charter Communications FAX NO: APPKOVED: ~ DENIED: DATE: APPROV~D/DBNiF.,D BY: Dorrl Bo~worth. City of Sehaztiau, Growth ManaKcmmt Dcpartmem Fax 1%o. (561) 589-2566. City of Sebastim-, 1225 MArN STR.BBT ~ SEBASTIAN, FLOR.1DA 32958 TELEPHONB(561) 589-$~37 ~ FAX(561) 589'2566 Lo_.q~glon of EaSelltgg.!: 225 E~y Street, Scb~mian. Flori{ta FAX NO: March 20, 200] : D~ilafien of Easemen, Lta be abandC, l!~d: Thel pubic u~ ~e noffi~em ~tx (6) fern of Lot 3 ~d ~ so~ ~ix (6) fc~ of Lot 4, Block 15, Sebasfim Hi~ U~t 1, less ~e e~t ten (10) fc~ ~ofi ~. 770-5143 _ D~: ~'~/ '~,~ u Tn, r rY: APPROVED: ~'~ ~atw~F~£/a~/ DENIED.. Retu.m to; Dorri Boswortl~ City of Sebastian, IG,mwth Management Depm'trn~nt Fax No. (561) 589-2566. ~0.386 P. 1/@ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ~ FAX (561) 589-2566 REOUEST i~OR.&B._A,N'I)ONMENT OF r, ElVll N'r March 20, 200 t Description 0X E.~semen~t~to be abandoned: The public utility and drainage easerucn; located on th~ northern six (6) fc~ of Lot 3 and ~e southern six (6) f~¢t of Lot 4, Block 15, 5eb.~tia.n Highlands Unit 1, less tha east ten (10) feet therao['. Location 9.J'Easemcnt: 225 Easy St'feet, Sebastian, Florida UTILITY: Ralph Brescia, CI~, Engineer FAX NO: 589-6~09 APPROVED:-/'~17~ · ~- ......... DENIED: DA.TE: i~etU~l tO; Don'i Bosworth, City of $ehasxlan, C-'rowth Management Deparm~ent Fax No. (561) 589-2566. City of Sebastian, Florida Subject: Purchase of Irrigation Materials General Service Administrator ~,~~~ Finanee:~ Date Submitted: For A~genda off April 11,2001 Exhibits: Price quotes fi.om irrigation vendors, Hector sole-source letter. EXPENDITURE REQUIR D: $13,417.48 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $13,417.48 SUMMARY As approvcd in the March 14t~, 2001 Council Meeting, Links Construction will construct a new par three and will relocate hole amber seventeen, due to the future opening of Sebastian Munioipal Airport Runway 9 -27. One Source, Sebastian Golf Course' s maintenance contractor, will provide the labor regarding installation of irrigation parts, supplies and hydraulic rotary heads on the new par three and hole number seventeen, as well as to the entrance (for future landscaping) of the golf course. Providing a substantial fiscal savings, One Some will provide labor, in part due to the ex~llent relationship one Source maintains with the City of Sebastian and also due to the fact that normal daily operations w/Il not be performed by one Some, as the golf course will be closed from June 1 ~t to September 30, 2001. InSgation installation performed by One Source will be of no additional cost to Sebastian Goff Course; however, the golf course must purchase necessary parts to install imgation, which will total $13,417.48. The irrigation parts and supplies for the new par three and for hole seveateen will total $6877.83, while irrigation parts and supplies for landscaping the entrance road will total $1441.24. Ptrts for irrigation installation inehide PVC pipe, sw/ug joints, quick couplers, and valves, etc. Regarding purchase of hydraulic- rotary irrigation heads, the total mount for the new p~r three and hole seventeen relocation is $3705.55, while the total amount for hydraulic rotary irrigation heads for landscaping of the entrance is $1,392.86. Hydraulic rotary irrigation heads must be purchased from He~tor Turf, which has the franchise rights to commercial Toro products in South Florida. RECOMMENDED ACTION Move to waive competitive bidding procedures for irrigation parts and supplies & authorize purchase of same from Boynton Pump & Irrigation Supply in the mount of $8,319.07. Move to approve purchase of irrigation heads from sole source supplier Hector Turf in the amount of $5,098.41. Move to appropriate $13,417.48 from Golf Course Funds to accomp~ the above stated project. SHIP TO BILL TO RECTOR TURF, INC. 1. 301 N..W. 3 STREET DEFRF"IELD BEACH~ F'L. 3344'.'.2 PHONE - 954 429-3200 FAX - 954 3E0-7657 2 .CITY OF SEBASTIAN !01 E AIRF'ORT' DRIVE NUNIC I PAL F'iOL. F COLIRSE SF:BAS'TIAN, FI.. 32958 ' C:ITY OF' SEBASTIAN i':INANCE DEPARTMENT 1225 MAIN STREET SEBAS"r I AN, FL. 32958 Page: INVOICE .f INVOICE NO. ~- ~ ~ ~..-x- ~..~.~- DATE (}3 / CUSTOMER NO. *t F~'::~4 SALESMAN IIIII II ORDER PLACED.I~:FF** S I ORDER INVOICED BY: .88184 QUC]'T'E [)ALLY SF'EE: :t: AL I Ns-r'[R NET~',:;('j ............ . .......... ~ .................................................. ~.,., ..:~ ............... , ......... _ ........... ., , ~...=~ .... :.~¢,.~ ,;,:.: ...... ~,~,~.?..~ ..: 3''x 37 0 6'74-C)1-'7,~. F'/C :~I':.AF:,ED'"' ..... RO'I"OF.: HYD :1.00 15 3, ..... · ' ': , . 7(]5 55 S F~X '1"[3 F.OIr. EK[ , G1-589-.~,4 7 NEW PAR~ THREE AND HOLE SEVENTEEN RELDCATION T H I S I o A Q U (,) T A T I 0 Iq SHIP TO BILL TO H~:.I..:[ [JR I UP.i~ ~ i 1, 3{])1 N.W. 3 STREET DEEF.:F'iELD BEACH, FL 33442 PHONE- 954 ,429-320{;) F'AX -954 360-7657 2 C.ITY OF SE]BASTIAN .1. 01 E AIRPORT DRIVE HUN I C:II::'AL P]OLF COURSE SEBASTIAN, ICL 32958 CITY OF SEBASTIAN FINANE:F DEPARTMENT 1225 MAIN STREET SEBASTIAN, FL 32958 Page: INVOICE INVOICE NO. DATE CUSTOMER NO,~ SALESMAN IIIIIBIII III II III IIIIIIIII I ORDER PLACED.t~..t:.'-F,' S I El'IS ORDER INVOICED BY: ,881.87 QLJO'FE ONLY SFE_.,IAL INSTR NET 30 ', .'."' ,.~'~p .".' ~..:~ ..... ; ...... ;~.,.' '..'. ..~ ,'.::. :,~:.~,...~;.~; · ' · ~ ........... ,'..',z~.~:~.~.~..,~ ~.~-~(;~:.',......., :......~.. ..... .~ ~ .~,~...., .~*~ ..-,,~ .~,. ~.... ...... ..~. ........ .,~ ...~ ...... = ..... ~,~. 14 14 0 785-01-89 FLJRF' SF'K ~ I- / .. HYD 99. ,.~."~ 1 ~ 3'd.~. 86 FAX 'T'O F:.O]E ~:.[. F 56 ]. -589- :t, 457 ENTRANCE ROAD (LANDSCAPING) T H i S ][ S A Q U 0 T A T i 0 N ' 1301 N.V¢. ll-II~D STRF_ET; DE~R~I~LD BEACH, FL 334~12 TEL: {954) 4~9-3200 ' FA);: (954) 360-7657 April 3,2001 Mr. Paul Wagner City of Sebastian 101 East Abport Drive Sebastian, FL 32958 Dear Mr. Wagner: TI)is letter is to inform yc)u that I-lector Tut coznmercial and irrigation products for Southea Thank you for your interest in Toro products. Sincerely, HECTOR TURF J~berg Sates Manager Commercial Products JBL:Ik is the sole FI. or/da. $oHrce provider for Toro TLmTRL P. Cl NEW PAR THREE. "Specialists in lrriga~on, Landscape, TurfCare, IndustrialProducts&Equipment" C~t ~: 2387 PO Dat~ 03/20/81 Remittance & Ouestlon$ 7700 High Ridge Road Boynton Beach, Florida USA 33426 (561) $$$-1450 (800) 782-7399 (561) 533-1500 FAX www. kilpatrickco, com a Kilpatrick Company 20047 i 1-08 PO ~ P~ge ~ S~ip To: SEB~STIA~ EUNtCtPAL GOLF 1825 ~AI~ ST C~rrespe~dence To: Bo~nt~ Pu~p ~ tr~i'~atioo Supply 7788 High Ridge Read SEJ&~STiAN~ FL 32958 Boynton Beaoh~ FL 33426 Bill To: SEBASTIA~ ~UNt~IwA~ GOLF tnstruotions 1225 ~I~ ST Shio Point Via SEBASTt~ FL. 32958 Boynton Pu~p & IrriBation OUR TRUCE Shipped Ter~s NEW PAR THREE UF~ Qua~tit~ Quantity Quantit~ Qt~. U~t Prioe Ite~ ~rdered LO. Shipped U~ Prioe U~ Disoount Amount 4 X 4 X 2 i/2DI tlEE 2 i/~ D~i, GASRET TEE 4 H8840£88 0880~ 1 5 H882503 88808 2t o~h 48 PUC P~PE 6 pp40025 08808 8 I/8 SCH 48 PVC PlPE ii/~ X 16 ~]'PT × MIPT SW t~G JOti~T ? ~L~ KEY 1! rb7 80880 ! QUtK CPLG i i/8 iWLET i/4 HYD CTRL TUBE 8880' RGLL i3 ow12bk2 800~ 8.50 BLACK 2588~ Q12 CTEL WtRE t4 owl2wt2 80000 2,50 WHITE ~588~ ~i~ CTRL WiRE ~/4 SC~ 4~ PUC PIPE 16 nibgv~40 00088 4 ~S~T GATE VAL~E Continued Boynton Pump & Irrigation Supply EA 81~24 EA EA 87.48 E~ E~ i8,8~ EA ICFT 181.98 tCFT ICFT 6~.54 1CF? EA 14.~8 E~ EA 43.69 EA t.M~ 36,88 i~FT iMF? 53,08 I~FT i~FT 5L8~ IEFT !CFT 11,15 ICFT EA 185,65 EA Cash Disoount ~,08 · KiSCOPifer · 0,00 6!,24 0.80 54,44 8,80 87.48 0,00 i8i~,80 0.08 1513.58 8,88 4L69 0,08 i32~58 8,00 11t.58 0.00 !85.65 If Paid Withio Termyl~J Kilpatrick Turf Equipment PLEASE SEE REVERSE FOR TERMS AND CONDITIONS OF SALE. NEW PAR THREE "Specialists in Irrigation, Landscape, Turf Care, Industrial Products & Equipment" Document: Invoice - Quote Order Oust ~: 2387 Correspondence'To: Ship To: SEBASTIAN ~NiCIPAL GOLF 1285 Eq!N ST UPC Vendor PO Date 03tB0/0I 7783 Hi_~h Rid@e Roa¢ Bill T~: ~BgSTi~, FL: 32958 SEBASTI~ ~UNiCIP~L GOLF instruction~ Bowton Ship Point Bo~nton Pump & irriDation Beaoh~ FL 33426 Re~ittt~ttce &Ouestions 7700 High Ridge Road Boynton Beach, Florida USA 33426 (561) 533-1450 (800) 782-7399 (561) 533-1500 FAX www. kilpatrickco.¢om a Kilpatrick Company Invoice Date Order ~ 200471 t-00 PO ~ PaDs ~ robert 2 Via Shipped Ter~s OUR TRUC~ NET 30 Product LD~ ~d Description UPC NEW PAR THREE Ordered B.O. Shippe~ Qty. Unit Price Discount UM ~'ioe UM Multiplier A~ount (Net) t7 nib~vB25 ~ GBKT B~TE V~LVE 15 Lines Total Shipped Total t03 EA 153.24 EA 0.00 Total Invoice Total 4377,88 4377.82 Cmsh Discount ~.88 tf Paid Within Terms Boynton Pump & Irrigation Supply ® KISCOPifer ® Kilpatrick Turf Equipment PLEASE SEE REVERSE FOR TERMS AND CONDITIONS OF SALE. HOLE NUMBER 17 RELOCATION "Specialists in Irriga~on, Landscape, Turf Care, Industrial Products & Equipment" ~t~110i Bill SEB~ST1A~ MUNICiPRL GOLF MAIN ST S~ASTiAN.~ FL 3R~SS BEBA$7t~ ~dNtCiPAL GOLF ~!W ST SEBgSTIAN~ FL 32958 HOLE Instruct ions Ship Point Boy~t~ Pu~p & Irrigation NUMBER 17 RELOCATION Remittance & Ouestions 7700 High Ridge Road Boynton Beach, Florida USA 33426 (561) 533.1450 (800) 782-7399 (561) $33.1500 FAX www. kilpatrick¢o.com a Kilpatrick Company ~00~775-00 PO ~ Pag~ attn; ROBERT ~HRiD~E Product UPC ~uantit~ Via Shipped T.rms C4]R TRUCK NET 3~ Quantity Qty, Unit P.~ioe Discount Shimmed UM P?ice UM Mutt loller (Net QUtK CPLG ~ i/2 I~LET 2 H80~503 80000 I7 3 H88601 0000~ ~ X6 × ~Di TEE 4 NIBG~G40 88080 4' 8SHT ~ATE ~AL~E 4 X 2 i/2 X 2 i/~ D! GAS RET TEE 6 ~P250C~50~ ~00~ 2 i/4 H~ CTRL TUBE 2~8~ ROLL 7 ~9408~5 000~ I5 2 t/2 SCH 48 PVC PIPE 4 SCH 4~ PUC PlPE 7 ~LV KEY i~ SJG222~i8 0000~ t7 tl/E X !~ MiPT × MIPT SW tN~ JOiWT Qt? Shipped Total EA I85.65 EA 8,00 371.~ ER 87,48 EA 8,8~ ~7,4~ tMFT 36.~ l~rT 8,08 7e. 08 iCFT 68,54 iCFT 0.0~ 98Li0 1CFT I81.98 !CFT 0.~8 283.96 EA 41.99 EA 8,08 41.99 EA !4.98 Eg ~,8~ 854,66 60 Total Invoice Total Boynton Pump & Irrigation Supply Cash, Disooun~ 0.8() If Paid Withi~ T~r,mfl ~3x~ KISCOPifer ® Kilpatrick Turf Equipment PLEASE SEE REVERSE FOR TERMS AND CONDITIONS OF SALE. ENTRANCE ROAD(LANDSCAPING) "Specialists in Irrigation, Landscape, Turf Care, Industrial Products & Equipment" DDcument: IDvoic~ - ~uot~e Ord:e? 000880 Shin To: SEB~STI~I( ~UNICtP~L GOLF 1885 ~iN ST' Co~resoondenoe To: Boy,ton Puep & tr~i~mtion Supplf 770~ Hiuh Ridge Road Bill To: SEBASTt~ FL 38058 SEBASTIqN ~UNtCIP~L GOLF i~5 M~I~ ST SEBASTI~ FL 32958 tnst putt i ohs Ship Point Via ENTRANCE ROAD (LANDSCAPING) P~nduct UPC Ln~ ~nd Desc~'iptio~ Item~ Ordered B. O, Shipped U~ Price U~ 7700 High Ridg~ Road Boynton Beach, Florida USA 33426 (561) 533-I450 (800) 782-7399 (56~) 533-~500 www.~lp~c~co.com t~wioe Date Order ~ NET 30 Discount p~48025 0B0~ t2 E I/2 SCH 4~ PUC PIPE 11/8 X t8 MIPT × ~tPT SW lES JOINT h802503 8800~ i4 8 i/~ X 1 t/~ Dt SERV TEE 8 LB G~L PIPE' LUBE 3/4 X R68 TEF T~PE pep~58o£500 ,80008 I/~ HYD CTRL TUBE 8~80' ROLL nibDvn85 88888 ! R 1/=~ GSKT G~TE ~LVE Lines To~al i Qty Shipped Total 49 Boynton Pump & Irrigation Supply i 1CFT 68.54 IC~ EA IL98 E~ EA 6.95 EA EA 8.36 Eg Eg 153.84 EA 8.00 Total Invoice Total, Cash Discount 8,0B tf Paid Within Ter~s 786, 48 ~9, 7;> 864, 46 13.90 ?£, 88 153. 24 KIsCoPifer m Kilpatrick Turf Equipment 1441.24 t441.84 PLEASE SEE REVERSE FOR TERMS AND CONDITIONS OF SALE. City of Sebastian, Florida Subject: Purchase of Lull Agenda No. /f [- Department/O~in: Pubic Works Dept. Finance: General Services: ' Date Submitted: 04/05/01 For Agenda of: 04/11/01 Exhibits: Written Quotations on GSA Contract Prices EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ 54,280 $ 60,000 REQUIRED: $ 0 SUMMARY The Public Works Department would like to purchase a Altec AT235 budgeted in the fiscal 2000-2001 budget for use by the road and drainage division. This item will be purchased off the GSA contract #GS-30F-1028G; the negotiated contract price is $61,767 however, they have offered us a demonstrator model available for immediate delivery in the amount of $54,280 fully equipped under GSA prices at a considerable discount to the City. RECOMMENDATION Move to approve the purchase of an Altec AT235 from Altec Industries, Inc. in the mnount of $54,280., pursuant to GSA contract #OS-30F-10280. D~te: March 26~ 2001 To: Terry H/il Dkeemr of Publk Works City of Sebastian 122J Main Street Sebastian, FL 329511 C~ae~ M~in Altec Industries, he. 13735 Domoctl Drive Re; Aa'tee AT235 Terry~ The fo[lowing Js the pricing ~lfOrmation for a new Altec AT235 a~tieulatlng/telescopie aerial device based on the GSA contract number GS-30F-1028G. This contract is under tho General Sorv{~$ Admln~trat~oll schedule FSC Group 23 1~ for "vehicle mouraed personnel 1ffi$, digger derricJ~, aud cable placers. hem ~A-.5 Altec Model _4.T235 $58,861.00 #ELY #BUA #FEX #STI #SPC1 Emergemcy Lowering Valve $145.00 Back-up Alarm $74.00 Emergency Equipme~ $100.00 Static Inverter $2,258.00 W~eel Chocks &~,4.00 Ladder Rack $285.00 Total $6~767.00 The price for the demonstrator (equipped as above with splicer bucket) is $54,280.00.' This un/t is available for lmr~ediate, delivery, and'is eun. ently located au our West Palm Bcac;h oflSee. I have attached the rapport documemation from.the GSA contract far your information. ?lease call me if you require an7 additional in.formation, or have any questions. Chuck lvlm~ Sento~r Account Man'~ger (407) 25%7718 04/04/01 14:$1 FAX ~04 Dste: Mf~126~ 2001 To: Terry ~ Director of Public Works City of Sebastian 1223 Maht S~eet Sebastiim, FL 32958 Chuck Mat-th Altec I~iusUles, Inc. 13735 Dornoch Drive Orlando, FL 32S2S Alt. cc AT235 Terry, Th~ following is the prk[ng ~formation/or a new Altec AT235 alticulatini/telescoplc a~dal device base-c[ on tine GSA contract number GS-30F- 1028G. This contract is under the Ge~ral So.ices A,~mi-tstratlon schectule FSC Group 23 Il ~r "vehicle mordent personnel lt~s, dlgg~r deni;~, and cable placers. , Item ttA-5 Altec Mod, l AT235 $58,1t61.00 #ELY Emergency Lowering Valve $145.00 #BUA Back. up Alarm $74.00 #FEX Em~gency Equlpm~ ' $100.00 #STI Stallc Iaver~r $2,258.00 ~a~zC Wheel Chocks -; $44.00 #SPC1 Ladder Rack i $21t5.00 Total ~1,767.00 The price for the demonstrator (equipped as abov~ with splicer buMmt) is $84~280.00. ' This unit is available for immediate, delivery, and'i~ currently located at our West Palm I have a~ta~ the support documentation from.the GSA contract f~r your informa*to~ Please call me i~ you require arty addkioml information, or h~ve any questions. Thanks, Chuck lVlarth Senior Accourrc M~ager (407) 257-7718; City of Sebastian, Florida Subject: Purchase of Bobcat Skidsteer Approvgd for Submittal by: ..... Agenda No. /~/.//9~'~ Department O~rigin: Pubic Works Dept. Head~~<~- Finance: ~ 6//'~- _ General Serviees.~-- Date Snbmitted: 04/05/01 For Agenda of: 04/11/01 Exhibits: Written Quotations on Federal Contract Prices EXPENDITURE AMOUNT BUDGETED: REQUIRED: $18,500 $18,864. APPROPRIATION REQUIRED: $ 0 SUMMARY The Public Works Department would like to purchase a skid-steer budgeted in the fiscal 2000-2001 budget for use by the road and drainage division. This item will be purchased off the federal government contract #SPO500-98-D-9033 which expires November 4, 2001; the negotiated contract price is $24,847. We will be trading in a bobcat mini-excavator for credit of $6347 which brings the net price of the new purchase to $18,500. RECOMMENDATION Move to approve the purchase of a Bobcat skid-steer from Bobcat of the Treasure Coast in the amount of $18,500, pursuant to Federal Government contract #SPO500-98-D- 9033. Di.A FEDERAL GOVERNMENT.-,CONTRACT Bobcat Th~e~ CHOICE DlJk FEDERAL GOVERNMENT CONTRACT #SPOSI)0.98-D-9033 CONTRACT PERIOD: 5 November 1996 through.4 ~lovember 2001 (Revised JANUARY 2001} CONTRACTOR: Bobcat Company 250 East Beaton Drive PO Box 6000 West Fargo, ND 58078-6000 CONTACT: Gerald J. Cardon TELEPHONE #: 701-241-8719 or 8778 Crystal Strata FACSIMILE #: 70.1-280-7860 PROMPT PAYMENT TERMS: Net 30 TINTE OF DELIVERY: 45 Days or less ADO F.O.B. POINT: Destination. 48 Contiguous States & Washington, DC COIMMERClAL CREDIT CARD: Accepted (VtsaJMa~ ~tercard) TID#: 38-0425350; DUNS: 15-276-2931 CAGE CODE: 1QK63 PAYMENT ADDRESS: WARRANTY: Bobcat Company PO Box 910634 File #'10464 Dallas, TX 75391-0634 on Base Loaders and Excavators. 12 Months Parts/Labor '12 Months Parts/Labor on Serial NUmbered Attachments* 6 Months Parts/Labor on Non-Sed~! NUmbi~red'Attaohments F.:I.~,,.-~: ~,E R~ LOADE.R, S anuary 2001) bobcaL of t easure coast 103 ~ 13th ~reet Fo, t Pierce, Fladda 349S0 Phon,c: IS6t. Jq60-g'998 - fax: (S61 [460-8110 * Toll fNo (877j f6~,-2~80 To: City of Sebastian 1225 M,in Street Seb~tian, Florida 32958 Serry Converse From: Bobcat of the Treasure Coast 103 North 13~ Street Fort. Pierce, Florida 34950 Phillip L, ML*te $73G-series Bobcat skid-steer loader Standard equipment: 671'7577 engine. 2400 lb. Operating capacity 124.3 inch lffi height Factory option~: 6705369 back-up alarm 67! 8923 power Bob-Tach (easy e>;change) 6719417 high flow amdliary hydraulics (includes dual attachment kit-n~eded to angle i~ttachrnents) haereases hydnmlic fluid flow to operate attachmems Attachments: 6714561 72" industrial bucket grapple l:a~tory delivery charge Trade allowance for Bobcat ~nmi-exc.~vator 325 March 29 2001 hydrostatic clrive system Tires, 12-16.5, Bobcat heavy duty, 10 ply rating(machine width-72') Automatically Acti'wt~d Glow Plugs Front Aaxiliary Hydraulics Front/Rear Lights Bobcat Interlock Control Systems Seat Bar Lift Arm Support Standard Operator Cab Parking Brake Turbo (~axged Spark Arrestor Muffle~ Adjust/ible Cushion Seat Seat Belt Deluxe Cab option: Includes httrior Cab Foam: Top & Roar Window, Accessory Wire Harness, drone Light & Electrical Power Port Engin,~ydraulic Systems Shuldow~ Bob-Tach (doesn't include atmcl:tmeaffbuck-~t) Imtmmentafion Warrauty: 12 months, Unlimited Hours 873Bobcat loader, with 73 horsq~ower, &cylinder turbo-charged, Deut~ oil cooled diesel $20,243.00 $163.00 $481.00 $I,299.00 .~2072.00 $585.00 -($6347.00) $18,500.00 bobca ® of 103 II, ,*- FoK Pier Pha~: CS& {i'q&G-~998 * faro IS61 [4'6C To: City of Sebastiau 1225 Main Strut Sebastian, Flori0a 32958 ' I~ry Converse From: Bobcat of the Treasure Coast 103 North t3a Street Fen. Pierce, Florida 34950 PhiIlip L, ,Mina g73G-series Bobcat skid-steer load~r hydrostatic drive sys~m Tires, 12-16.5, Bobcat heavy duty, ] Automatioali7 Activated Glow Plug." Front Auxiliary ]:Iydraulics YrontY~r Ligbas Bobcat Int~lock Control Systems Seat Bar Lift Arm Support Standard Opcral~r Cab Parking Brake TI.lrl2o Cha.rgcd S~ark Arrestor M~ ~ler A~ustable Cushioa Scm Semt Belt Deluxe Cab eption: Includes Iumrk 'fop & R~ar Window, Accessory ~ Eng~xe,ff-Iydrauli¢ Systems Shu~ow Bob-T~h (doesn't inclu~ at~el:rm~ March 29 2001 6717577 ~mgiue. 2400 lb. Opiating oapaeity 124.3 huoh lift height 6705369 back-up alarm 6718923 pova:rBob-Tae..h (easy 6719417 high flow auxili,u7 hy&aulios (inuluc~ dud ittachmcnts) mumases hydraulic fluid flow ~ Aitaohl21e~lls: 6714561 72" induswial bucket grapple F~tory ~tiv~ty Trade allowance for Bobcat mini-~x~avato~ 32-~ ply raring(machine widdl-72") r Cab Foam: ire Hame. ss, dome Light & Electrical Power Po~ ! Warranty: 12 months, Unlimited HOurs 873Bobcat load~r, with 73 horsepower, 4-cylinder uxrho-¢hargcd, Dcutz oil cooled cliesol at~acl%m~t kit-~ecled ~o a~.glu ~elmaear. s $20,243.00 $167,00 $481.00 $1,299.00 $2072.00 $585.00 -($6347.00) $18,500,00 City of Sebastian, Florida O~C~ 0~~ TH~ crr~ ~TTORN[[ '~~~ AGENDA TRANSMITTAL Agenda No. t~)/- 0/~7 Subject: 0-01-11; construction site port-o-let modifications Date Submitted: 4/5/01 For Agenda of.' 4/11/01 SUMMARY: Per Council direction the limitations on construction site port-o-lets within the right-of-waYs are being eased in search o£ a more workable system. RECOMMENDED ACTION: Move .to pass Ordinance 0-01-11 on first reading and set a public hearing for May~q~ 2001. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAG]~R: 7/~' EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REOUIRED: $0 ORDINANCE NO. O-01-11 AN ORDINANCE OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 26-3, LOCATION OF PORTABLE SANITARY FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABII,ITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, limitations on portable Sanitary facilities at construction sites being located in the swales of the right-of-way needed modification to be workable NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, section 26-3, is hereby amended to read as follows: Sec. 26-3. Location of portable sanitary facilities. It shall be a condition of every building permit that any temporary sanitary facilities, such as portable toilets, be located at the construction site bu__[t shall not be placed within a public right-of-way in a manner that impecles the normal flow of traffic or obstruct~ sidewalks, or within ten (10) feet of a waterway or drainage improvement, Section 2. CONFLICT. All ordinances or parts of ordinances 'in conflict herewith are hereby repealed. Section $. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force agd effect. Section4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoptiOn by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill ~ The Mayor thereupon declared this Ordinanc~ duly passed and adopted this 9th day of May, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk only: Approved as to form and legality for reliance by the City of Sebastian Rich Stringer, City Attorney