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HomeMy WebLinkAbout05242000SEBASTIAN FLORIDA REGULAR CITY COUNCIL MEETING AGENDA PACKET WEDNESDAY MAY 24, 2000 7:00 PM (407) 589-5330 CITY HALL, 1225 MAIN STREET, P.O. BOX 780127, SEBASTIAN, FLORIDA 32978-0127 o o o o o c~ o SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 24, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA DRAFT 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City CoundlPresent; Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Edward J. Majcher, Jr. Mr. James Hill City Council Absent: Mr. Joe Barczyk (excused) Sta.ff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Growth Management Director, Tracy Hass Finance Director, Mark Mason Golf Course Director, Pat Cerjan Golf Course Pro, Greg Gardner Deputy City Clerk, Sally Maio Regular City Council Meeting May 24, 2000 Page Two DRAFT 00.016 00.125 00.126 AGENDA MODIFICATIONS (ADDITIONS ANDfOR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) The City Manager requested that Greens + representatives (New Business A) be allowed to make their presentation following Capital Sanitation's presentation (Proclamations, Announcements and/or Presentations E). City Council concurred. pROClAMATIONS. ANNOUNCEMENTS AND{/OR PRESENTATIONS A. Pres~nta. tion of Check to City of Se~baS~a~[~ by Flor_idt~ irlland blaviga~o.n District Representatives Mark Crossly, Assistant Executive DireCtor, Florida Inland Navigation District, presented a check in the amount of $30,802.04 to the City of Sebastian. B. Preserlt;~tjorl of ~erl;i~icates of Appreciation to Students Participating in F~If;~.re I~evelopmer~lL@.[ _Barber Street Sports Complex Mayor Barnes presented certificates oflappreciation to the following students: Fred Balsam A.J. Doan Pe~ce Sanchez Tanna Turner Para Cary Amy McDonald Jennifer Brown (not present) J.P. Gusin (not present) C. Presentat[on~y Fdends of St. SebastJ~lLq River- Environmental EnhancementAwa~d 00.127 D. 00.132 E(A). A representative of Friends of St. Seba~ Award to the City of Sebastian. Prese~Bt~ll~orl by Capital Sanitation - En Ron Rigby, President of Capital Sanitat operation and responded to questions meet with Capital Sanitation once per ~tian River presented an Environmental Enhancement ~ancements to the Operation on, presented a report on enhancements to Capital's rom City Council. Itwas stated that a staff member will ~onth. At this time, Mayor Barnes presented a certificate of appreciation to Amy McDonald. ~uthorize City Manaaer to Execute Airport L ease A~3reement Between Orange Peel EnterPrises, Ir~c. (d~b~a Greens +) and City of Sebastian ~City Manager Transmittal 5/18/00. Proposed Lease Aareement) Lani Deauville, Owner of Greens+, and several staff members of the company gave a demonstration of its product and presented the request to establish its business at the Sebastian Municipal Airport. TAPE I- SIDE II (7:37 p.m.) The City Manager recommended approval of the lease agreement. 2 Regular City Council Meeting May 24, 2000 Page Three DRAFT The City Attorney noted a scrivener's error on page 8, to change ~may" to "shall' in paragraph 14. MOTION by Bishop "1 would make a motion to authorize the City Manager to execute the Lease Agreement between Orange Peel Enterprises, Inc., d/b/a Greens + and the City of Sebastian." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-0 ?. CITY ATrORNEY MATTJSI~.~. The City Attorney advised that three affirmative votes are required for approval of any item by Council and that the result of a 2-2 vote would be that the item would retain the status quo. 8. CITY MANAGEI~ M4TTER~ 00.128 Discussion - st. JoJlns River Water Mal~agerpent District Relative to Water Levels Within the City of Sebastian (No Backup.) The City Manager said representatives of St. Johns are gathering data regarding water levels and will attend the June 14, 2000 regular meeting. The public was reminded that there is no watering between the hours of 9 am and 5 pm. The City Manager announced he will be attending the Annual City/County Manager's conference in Ponte Vedra Beach beginning on Thursday and that the weekly newsletter is available tonight. 9. CITY CLERK MA'FI'ERS The City Clerk announced that Board of Adjustment applicant Kenneth Kidwell had withdrawn his application and, therefore, no action need be taken on that agenda item. The City Clerk reported on attendance at the Annual Florida City Clerks Conference, advising Council that certain matters such as p.a. systems, procedures, etc., of concern to the City of Sebastian are shared by other cities. 10. CITY COUNCIL MATTERS A. Mr. Ma. icher Discussed citizen calls regarding the proposed Charter School and whether there was another more suitable site. Reported on the previous night's meeting regarding the proposed north county recreation area planned for location west of the middle school. 3 Regular City Council Meeting May24,2000 Page Four DRAFT 00.130 00.119 11. 12. M_qygr E~.~ rne.~ · Reported on calls he has race be deferred to June 14, 2000. ViceNlayor Bishop None. Mr. Barczyk Absent. Mr, Hill None. ved regarding parking in swales and suggested this matter CONSENT .~G END~ All items on the consent agenda sre considered routlne ~ncl wi8 be enacted by one mo#on. There w~l be no separate ¢~$cussion of consent agenda items unless a member of City Courlcll so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 5/3/00 Workshop, 5/10/00 Regular Meeting B. Fischer Wedding Reception - Commun~ Center - 6/17/00 - 6 to 10 pm - Security Paid - Age Verified - for A/B Request - 75 Attendees (City Clerk Transmittal 5/16/00, Application) The City Manager read the consent agenda. ! MOTION by Hill/Majcher "1 move to approve the consent agenda." ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop - absent - aye - aye - aye - aye MOTION CARRIED 4-0 PUI~[.IC A. Ordinance No, O-00-11 - Change in Pert litted Use in industrial Zoqing Distric[- Second__Reading and Second Public Hearing (Growth Manac ement Director Transmittal 5/18/00..Q-00-! ~.) AN ORDINANCE OF THE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-3.14 IN, INDUSTRIAL DISTRICT, OF THE LAND DE\'ELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITYI PROVIDING FOR AN EFFECTIVE DATE. (Display Ad 5/3/00, 1st Reading and 1st Public Hearing 5/10/00, Display Ad 5/17/00, 2nd Reading and 2nd Public Headng 5123/00) 4 Regular City Council Meeting May 24, 2000 Page Five 00.110 B. Mayor Bames opened the public headng at 7:55 p.m., and the City Attorney read Ordinance No. O-00- 11 by title. The Growth Management Director gave a bdef summation. The City Attorney noted a scdvener's error (tape) Mayor Barnes closed the public headng at 7:58 p.m. MOTION by Hill/Bishop "1 move to approve Ordinance No. O-00-11 ." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent MOTION CARRIED 4-0 Ordinance No. O-00-12 - Regulate EleYatiorLof Fill Matedal at Constructio. n Sites - Second J~e_adir~g.and Public Hearing (City Manager Transmittal 5/18~00. O-00-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 26 TO REGULATE ELEVATIONS OF FILL MATERIAL AT CONSTRUCTION SITES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABIM'I-Y; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 4/26/00, Legal Ad 5/10/00, Publio Hearing 5/24/00) Mayor Barnes opened the public hearing at 7:59 p.m; and the City Attorney read Ordinance No. O-00-12 by title. Newton Young, 237 Delmonte Road, Sebastian, submitted photos of an overfilled lot adjacent to his house. Tut Connelly, Sebastian, thanked Council for the ordinance. Mayor Barnes closed the public headng at 8:03 p.m. MOTION by Majcher/Bishop I make a motion to move to adopt Ordinance O-00-12, amending Code of Ordinances, Chapter 26 to regulate elevations to fill material at construction sites. ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye MOTION CARRIED 4-0 Regular City Council Meeting May 24, 2000 Page Six DRAFT 00.042 C. 00.065 D. Ordinance No, O-00-13 -Amendin9 Fiscal Year 2000 Budget - Second Reading and Public J:leadng (Finance Director Transmittal 5/18/00. O-0q-13. Z[td Qtr BudgetReview Memo and Incoype ,~tatement by Fund at Character Level. Project Status Reporl~ [~y Fund. Investment Summary) ~ AN ORDINANCE OF THE CITY OF SEBASTIAN,! iNDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR SEVERABILI'I"Y; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 5/10/(30, Legal Ad 5/12/00, public Hearing 5/24/00) Mayor Barnes opened the public hearing at 8:05 p.m., and the City Attorney read Ordinance No. O-00-13 by title. The Finance Director bdefly addressec Council. Mayor Barnes closed the public headng at 8:07 p.m. MOTION. ibY Bishop/Hill -0 move to adopt Ordinance O 0-13." ROLL CALL: Mayor Barnes~ Mr. Bishop Mr. Barczyk Mr, Majcher Mr. Hill - aye - aye - absent - aye - aye MOTION CARRIED 4-0 O~dJnan_ce NoLO-00-15 -Adopting Nev~ Land Development Code - First I~eaq!in~g and Fi~t Public I:learing - Se{:0t3d I~e~.dirlg.~n(~ ,~_econ~J Public Hearing Scheduled for 6/14/00 (Growth [Vlanaoeme~t T[~,osmittal 5/18/00. O-01~-1[,. LD_C Revisions~City Attorney Suggested Options) AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, REWRITING CITY CODE CHAPTER 20A, THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Display Ad 5/17/00, 1 st Reading and 1 st Public Headng 5/24/00, Display Ad 5/31/00, 2nd Reading and 2nd Public Hearing Scheduled fer 6/14/00) Mayor Bames opened the public headng at 8:08 p.m., and the City Attorney read Ordinance No. O-00- 15 by title. The City Attorney recommended that the ordinance effective date be amended to add ~the provisions of the prior code will apply to any pending application as of today's date." The Growth Management Director revi~ occupational license approval be admi~ maintain the notice procedure. ~wed the amendments and recommended that home ~istered by staff rather than Planning and Zoning, but 6 Regular City Council Meeting May 24, 2000 Page Seven DRAFT TAPE II - SIDE I (8:25 p.m.) The City Attorney reviewed proposed options as distributed in the agenda packet regarding residential building height and shrubbery; and recommended that the minimum square footage requirement for RS-10 Iols be reduced to 9500 square feet, since many are currently that size. William Mahoney, Delaware Avenue, Sebastian, opposed the amendment that would raise the residential building height to 35 feet. Kathryn Groepler, Wimbrow Drive, Sebastian, opposed the 35 foot height, and shrub proposal. Sal Neglia, Sebastian, opposed the 35 foot height. Mayor Barnes called recess at 8:42 p.m. and reconvened the meeting at 8:55 p.m. All members were present. It was decided to address each proposed amendment separately as follows: 1. Author's amendment to make any pending applications as of today's date go under the old code 2. Home occupational licenses processed administratively 3. Minimum RS-10 lot requirement reduction to 9500 sq ff 4. Maximum 35' height in RS-10 district 5. Shrub requirement Mayor Barnes closed the public hearing at 9:57 p.m. 1. Author',~/~no~ndment MOTION by Barnes/Hill "Author's amendment making all pending applications effective from today on, will come under new Land Development Code." ROLL CALL: MOTION CARRIED 4-0 Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye 2. Home occupationa~Ll,Lcense Approval by Administration MOTION by Hill/Majcher "So move." ROLL CALL: MOTION CARRIED 4-0 Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye 7 Regular City Council Meeting May 24, 2000 Page Eight DRAFT 3. Reduction in RS-10 Lot ~_i[~ to 9500 Square Feet MOTION by Barne~tBishop "1'11 make a motion that we change the lot size in the RS-10 district to 9500 square feet." ROLL CALL: MOTION CARRIED 4-0 Mr. Majcher I - aye Mr. Hill~ - aye Mayor Barnes - aye Mr. Bishop i - aye Mr. Barczyk I - absent 4. [~S-l~ Maximum Building Height to 35 Feet MOTION by Barnes/Bishop "1'11 make a motion that we lea~/e the 25 feet in the RS-10 district just the way it is.' Adrina Davis, Sebastian, objected to the 35 foot. David John, Sebastian, suggested a public headng. TAPE II - SIDE II (9:17 p.m.) ROLL CALL: Mr. Hill Mayor Barne,~ Mr. Bishop Mr. Barczyk Mr. Majcher - nay - aye - nay - absent - nay MOTION FAILED 1-3 (Hill, Bishop, Ma~ cher - nay) MOTION by Bishop/Majcher ~1 would make the motion to h~ve a maximum height at 35 feet, eliminating 400 square feet living space above the second floor wil~ the recommended setbacks as proposed, that would be under option 2 setbacks." ROLL CALL: Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill MOTION CARRIED 3-1 (Barnes- nay) - nay - aye - absent - aye - aye Regular City Council Meeting May 24, 2000 Page Nine DRAFT 5. Shrubs MOTION by Hill/Bishop "Amend landscaping requirements to require minimum square footage of shrubbery based on a formula to be proposed at second reading, to be competed within 6 months of receiving the certificate of occupancy." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - nay MOTION CARRIED 3-1 (Barnes - nay) MOTION by Majcher/Bishop "1 make a motion to hold the first reading of O-00-15 and schedule second public hearing and reading for June 14, 2000 as amended." ROLL CALL: Mr. Barczyk - absent Mr. Majcher - aye Mr, Hill - aye Mayor Barnes - aye Mr, Bishop - aye MOTION CARRIED 4-0 00.131 Resolution No, R-00-30 - Modification to Golf Course Rates (Finance Director Transmiffal, R-00-30) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO FEES AT THE SEBASTIAN MUNICIPAL GOLF COURSE; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR AMORTIZATION OF MEMBERSHIPS; PROVIDING FOR EXPIRATION OF GIFT CERTIFICATES; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE. (Display Ad s/22/o0) Mayor Barnes opened the public hearing at 9:42 p.m., and the City Attorney read Resolution No. R-00-30 by title. The Golf Course Director briefly explained the need for increased fees; and City Council commended Mr. Cerjan for the changes that have been made to the Golf Course. The Finance Director responded to questions from Council. George Hertling, 517 Breakwater Terrace, Sebastian, addressed Council. TAPE III- SIDE I (10:10 p.m.) Thomas Wojciekowski, Sebastian, addressed Council. Regular City Council Meeting May 24, 2000 Page Ten , Mayor Barnes closed the public hearing at 10:13 p.m. MOTION by Majcher/Barnes i "1 make a motion to move to adopt Resolution R-00-30, establishing golf course rates." 13. ROLL CALL: Mr. Majcher - aye Mr. Hill - eye Mayor Barnes! - aye Mr. Bishop - aye Mr. Barczyk - absent MOTION CARRIED 4-0 INTI~ODUCTIO~ OF N~L/~U~INESS FROM' Item that has oCCurred °r was discoVered within the pret4ou: of ten minutes for each speaker rilE PUBLIC ; six months which is not otherwise on the agenda - sign-up required - limit Bill Clegg, Park Pace, submitted a petition requesting speed imit signs and vehicle weight limits on Barber Street; and read it into the record (see attached). Mayor Barnes said he would address this with the City Manager and Police Chief and someone would get back to him. Bob Ashcrofl, Sebastian, submitted a petition regarding a proposed charter school on Wave Street (see attached) and read a prepared statement objecting to the school at this site. Mayor Barnes requested a copy of the statement that Mr. Ashcroft read from and said the matter would be looked into and someone would get back to him. MOTION by Barnes/Bishop fi'il make a motion to extend the meetirlg to no later than 11 pm." ROLL CALL: MOTION CARRIED 4-0 Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher - aye - aye - aye - absent - aye Antero Figueredo, g00 US 1, Sebastian, Dunkin Donuts, discussed his riverfront water assessment, stating he had never received a letter on the assessmeint. The City Attorney said perhaps during sale of the property the deed was improperly prepared and! advised that state law does not allow any waivers of assessments. Ray Coniglio, 941 Carnation Ddve, Sebastian, read a prepared statement regarding FDOT plans for US 1 improvements which will eliminate parking on US 1 to build bikepaths; and requested that Council take steps to prevent this from happening (see letter lattached) Ruth Sullivan, Indian River Drive, Sebastian, obj~ected to the elimination of parking on U.S., suggested that a letter be sent to FDOT; and recommended formation of a historical district. ]0 Regular City Council Meeting May 24, 2000 Page Eleven DRAFT 00.006 00.120 00.133 14. 15. 16. COMMITI'EE REPORTS/RECOMMENDATIONS Board of Adjustment 1. Interview, Unless Waived, alld/~po[n. LOne Regular Member Effective 6/1/2000 with Term to Expire 6/1/2003 (City Clerk Transmittal 5/15/00, Application. Member List, Ad) The only applicant, Kenneth Kidwell, had withdrawn his application pdor to the meeting. OLD BUSINESS None. NEW BUSINESS Ordinance No. O-00-16 - Community Redevelopment Trust Fund - First Reading - Set Public Hearing for 6/28/00 (Finance Director Transmittal 5/17/00. O-00-16. Finance Director Memo 4/25/00, FS 1_6_3~387 Excerpt,_$u.rnmary of Changes to Section 7B-30) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 78-30 OF THE CODE OF ORDINANCES, COMMUNITY REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-16 by title. MOTION by Hill/Bishop "1 move to approve Ordinance O-00-16 and set a public headng for June 28, 2000." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4-0 Authorize City Man[ager to Execute St. Johns River Water Martaqement District Renewal Agreement (City Manager T~ansEnittal 5/19/00. Agreement) MOTION by Majcher/Bishop I move to authorize the City Manager to execute the First Renewal Agreement between St. Johns (River) Water Management District and the City of Sebastian for the development and implementation of a surface water management plan for the City of Sebastian-Phase I, Segment I1." 11 Regular City Council Meeting May 24, ;2000 Page Twelve DRAFT ROLL CALL: MOTION CARRIED 4-0 Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barne., 17. Being no further business, Mayor Barnes adjou Approved at the , ,20 - aye - absent - aye - aye - aye rned the Regular Meeting at 11:55 p.m. 30 Regular City Council Meeting. Walter Barnes, Mayor ATTEST: Kathryn M. O'Halloran, MMC City Clerk 12 CITY COUNCIL MEETING DATE: ITEM NO. ROLL CALL 1 Mayor Barnes J Mr. Bishop ~/ Mr. Majcher Mr. Hill ITEM NO. ROLL CALL 2 Mr. Bisho, p Mr. Majcher Mr. Hill Mayor Barnes~ MOTION /~.~L~ SECOND MOTION /4~/~-~, SECOND iTEM NO. ROLL CALL 3 Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop MOTION /"~ SECOND iTEM NO. ROLL CALL 4 Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop ~k SECOND ITEM NO. ROLL CALL 5 Mr. Hill Mayor Barnes Mr. Bishop ~r MOTION x~..~ SECOND CITY COUNCIL MEETING DATE: ITEM NO. ~ ~ ~ ROLL CALL 1 Mayor Barnes Mr. Bishop Mr. Majcher Mr. Hill ITEM NO. ROLL CALL 2 Mr. Bishop Mr. Majcher Mr. Hill Mayor Barnes MOTION ~~ SECOND MOTION .~S~ECOND ITEM NO. ROLL CALL 3 Mr. Majcher ' Mr. Hill Mayor Barnes Mr. Bishop ITEM NO. ROLL CALL 4 Mr. Majcher', Mr. Hill Mayor Barnes Mr. Bishop ~k MOTION MOTION iTEM NO. ROLL CALL 5 Mr. Hill ~ Mayor Barnest''{ Mr. Bishop r,,l CITY COUNCIL MEETING DATE: iTEM NO. ROLL CALL 1 Mayor Barnes Mr. Bishop /' Mr. Barczyk MOTION /(~~ SECOND ITEM NO. ROLL CALL 2 Mr. Bishop UrTBarc'zy,~ Mr. Majcher/y/ Mr. Hill Mayor Barnesv'/' ITEM NO. ROLL_CALl. Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop ITEM NO. ~~/ ROLL CALL 4 Mr. Majcher Mr. Hill .~" Mayor Barnes Mr. Bishop ,/ Mr. Barczyk ITEM NO. ROLL CALL 5 Mr. Hill Mayor Barnes Mr. B_ishop IVtE d czy-k-- Mr. Majcher //0 MOTION /--~ SECOND MOTION /-v'~ ~,.4_ SECOND MOTION ,,'~'"'~ SECOND ~L_~ MOTION //~'O~/ SECOND CITY COUNCIL MEETING DATE: ITEM NO. ROLL(~ALL 1 Mayor Barnes Mr. Bishop Mr. Majcher Mr. Hill , MOTION SECOND ITEM NO. L~./_~ ROLL CALL 2 Mr. Bishop M:, BarcZ~ Mr. Majcher Mr. Hill Mayor Barnes MOTION SECOND ITEM NO. ROLL CALL 3 Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop MOTION SECOND ITEM NO. ROLL CALL 4 Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk MOTION SECOND ITEM NO. ROLL CALL 5 Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher MOTION SECOND CITY COUNCIL MEETING DATE: ITEM NO. MOTION SECOND ROLL CALL 1 Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill ITEM NO. ROLL CALL 2 MOTION SECOND Mr. Bishop Mr. Barczyk Mr, Majcher Mr. Hill Mayor Barnes ITEM NO. ROLL CALL 3 MOTION SECOND Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop ITEM NO. ROLL CALL 4 MOTION SECOND Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk ITEM NO. ROLL C~A.J,[, ~ MOTION SECOND Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher 00.065 iId Ordinance No. O-00-15 - ,5~Qptirtg New Land Development Code - First Reading and First_Public Hearing - Second Reading and Second Public Hearina Scheduled for 6/14/00 (Growth Management Tra~l~mi~el 5/18/00. O-00-15. LDC Revisions, City Attorney Suggested AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REWRITING CiTY CODE CHAPTER 20A, THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Display Ad 5/17/00, 1 st Reading and I st Public Hearing 5/24/00, Display Ad 5/31/00, 2nd Reading and 2nd Public Hearing Scheduled for 6/14/00) Mayor Barnes opened the public hearing at , and the City Attorney read Ordinance No. O-00-15 by title. Mayor Barnes closed the public hearing at MOTION by I move to adopt Ordinance O-00-15 and schedule the second reading and public hearing and reading for June 14, 2000. (I ¢ 00.131 Resolution No. R-00-30 - Modification to Golf Course Rates (Finance Director Transmittal. R-00-30) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO FEES AT THE SEBASTIAN MUNICIPAL GOLF COURSE; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR AMORTIZATION OF MEMBERSHIPS; PROVIDING FOR EXPIRATION OF GIFT CERTIFICATES; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE. (Display Ad 5/22/00) Mayor Barnes opened the public hearing at , and the City Attorney read Resolution No. 0-00-30 by title. Mayor Barnes closed the public hearing at MOTION by I move to adopt Resolution R-00-30, establishing golf course rates. 10 13. INTRODUCTION QF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was (~'scovered within the previous six months which is not otherwise on the agenda ~ sign.up required. #mit of ten minutes for each speaker ]] 14. 00.006 COMMITTEE REPORTS/RECOMMENDATIONS Board of Adjustment 1. Interview. Unless Waived. and Appoint One Reg~,r Member Effective 6/1/2000 with Term to Expire 6/1/2003 (City Clerk Transmittal 5/l_5~/QQ,,,Application, Member List. Ad) MOTION by I move to appoint Kenneth Kidwell to the regular member position term to expire 6/1/2003. 15. 16. 00.132 OLD BUSINESS None. NEW BUSINESS A. ~,..~th0rize city Manager to Execute Airport Lease Agreement B_~[w. eep Orange Peel Enterprises. Inc. (d/b/a Greens +) and City of Sebastian {City Manager 'l'[i~yismittal 5/18/00. Proposed Lease Agreement) MOTION by I move to authorize the City Manager to execute the Lease Agreement between Orange Peel Enterprises, Inc., d/b/a Greens + and the City of Sebastian. 13 00.120 Ordinance Not O-0_0_-]t~ - Community Redevelopment Trust Fund - First Reading ~ Set Public Hearing for 6/28/00 (Finance Director Transmittal 5/17_/00~ O-00-! 6. Finance Director Memo 4/25/00. F$163.387_ Ex,(;erPt, Summary of Changes to Section 78-30) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 78-30 OF THE CODE OF ORDINANCES, COMMUNITY REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read Ordinance No. O-00-16 by title. MOTION by I move to approve Ordinance O-00-16 and set public hearing for June 28, 2000, 14 00.133 ~Aqthorize City Manager to Execute St. Johns River Water Management I;)i~rict Renewal Agreement (C_ity~tanager Transmittal 5/19/00. Agreement) MOTION by I move to authorize the City Manager to execute the First Renewal Agreement between St. Johns (River) Water Management District and the City of Sebastian for the development and implementation of a surface water management plan for the City of Sebastian-Phase I, Segment. 17. ADJOURN (All meetings shall adjourn et 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 24, 2000 - 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. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present; City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Public Works Director, Terry Hill Growth Management Director, Tracy Hass Finance Director, Mark Mason Deputy City Clerk, Sally Maio Regular City Council Meeting May 24, 2000 Page Two 00.016 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a majority vote of City Council members (R-99-21) ) PROCLAMATIONS. ANNOUNCEMENTS A_NPlOR PRESENTATIONS P.[p~entation of Check to City of Sebastian by Florida lrtl~.rld Navigation District Representatives 00.125 of the Florida Inland Navigation District presented with a check in the amount of for Riverview. Park ,Expansipn.~ p.resentation of Certificates of Appreciation to Students Pa~icipa_ting in Future Development of Ball, er Street Sports Complex Mayor Barnes presented certificates of appreciation to the following students: 00.126 00.127 ,F~d Bals~q]~ A.J. Doan Peace Sanchezl. ' e~nifer~ .~.~ ~- ~am~C'~ry Am~ McDonald C. J [~re~ll;ati~)n by Friends of St. Sebastian River - Environmenta~ E0.b~)[~cemf~r~t Award of the Friends of St. Sebastian River presented an Environmental Enhancement .Award to the City of Sebastian. / D. /Pre~e. ptati0n by Capital Sanitation - Enhancements to the Oper_a~jg_n Ron Rigby, Capital Sanitation, presented a report on enhancements to the operation and responded to questions from City Council. 7. CITY ATTORNEY MATTERS 00.128 CITY MANAGER MATTERS A. Discussion - St. John; River Water M~r)agement District Relative to Water Levels Within the (~itY of Sebastian (No Backup) ~ / ~ CITY CLERK MATTERS 10. CITY COUl~l[, MATTERS A. Mr. Majcher B. Mayor Barnes C. Vice Mayor Bishop D. Mr. Barczyk E. Mr. Hill 4 00.130 11. ~ONSENT.A, GENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 5~3~00 Workshop, 5/10/00 Regular Meeting ~er.-W~ding Reception - Community Center - 6/17/00 - 6 to 10 pm - Security Paid - Age Verified - f(~¥ A/B Request - 75 Attendees (City Clerk Transmittal 5/16/00, Application) The City Manager read the consent agenda. MOTION by I move to approve items A and B of the consent agenda. 00.119 12. PUI~LIC HEARING Procedures for public hearings: (R-99-21) · Mayor Opens Hearing · Attorney Reads Ordnance or Resolution · Staff Presentation ° Public Input - Umit of Ten Minutes Per Speaker · Staff Summation ° Mayor Closes Hearing · Council Action Anyone Vvisl~g to Speak ~s Asked to Sign Up before ~he Mee~ng, W1~n Called go to the Podium and State His or Her Name for the Record Ordinance No. O-00-11 -Change in [:)e.rfflitted Use in Industrial Zoning District - Secol~d.~eading i~r~! =Jecond Pul;)li~: Hearing (Growth Management Dire(;1~r T.r_a)3smittal 5/18/00. O-00-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-3.14 IN, INDUSTRIAL DISTRICT, OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Display Ad 5/3/00, 1st Reading and 1st Public Hearing 5/10/00, Display Ad 5/17/00, 2nd Reading and 2nd Public Hearing 5/23/00) Mayor Barnes opened b~e public hearing at , and the City Attorney read Ordinance No. O-00-11 by title. Mayor Barnes closed the public hearing at MOTION by I move to adopt Ordinance O-00-11. 00. '110 Ordinance NoLO-00-1~ - P~egulate Elevation of Fill Material at Construction Sites - S~ol3_d Reading and.PqJ~lic Headng (City Manager Transmittal 5/18/00, O-00-12~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 26 TO REGULATE ELEVATIONS OF FILL MATERIAL AT CONSTRUCTION SITES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 4/26/00, Legal Ad 5/10/00, Public Hearing 5/24/00) Mayor Barnes opened the public hearing at , and the City Attorney read Ordinance No, O-00-12 by title. Mayor Barnes closed the public hearing at MOTION by I move to adopt Ordinance O-00-12, amending Code of Ordinances, Chapter 26 to regulate elevations to fill material at construction sites. 00.042 Ordina. o~ N~), 0-00-13 - Amending Fiscal Year 2000 Budget - ~_ec_¢)n.d_lF[~.ading and Public Hearing (Finance DirectOr Transmittal ,5/18/00.., O-00-! 3, 2nd Qtr Budget Review Memo and In.come Statement by Fund at Character Level, Project ,_Statqs Reports by Fund. Investment Summary) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT "A'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 5/10/00, Legal Ad 5/12/00, Public Hearing 5/24/00) Mayor Barnes opened the public hearing at , and the City Attorney read Ordinance No. O-00-13 by title. Mayor Barnes closed the public hearing at MOTION by I move to adopt Ordinance O-00-13, amending the Fiscal Year 2000 budget for the General Fund, CDBG Fund, Local Option Gas Tax Fund, Discretionary Sales Tax Fund, Debt Service Fund, Capital Projects Fund, Golf Course, Airport, and Major Equipment Replacement Fund. City of Sebastian 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MEMORANDUM TO: City Council Members FROM: Kathryn O'Halloran City Clerk SUBJECT: Board of Adjustment - Withdrawal of Application DATE: May 24, 2000 For your information,'K~eth E~ Kidwell applicant for the Board of Adjustment, telephoned the City Clerk's office today to withdraw his application to serve on this board. Thank you. KO:js DATE: TO: FROM: MEMORANDUM May 24, 2000 Mayor and City Council, City Manager, City Attorney Kathryn U. O'Halloran, UUC ~, ~ City Clerk Councilmember Barczyk Excused Absence Councilmember Barczyk is unable to attend the May 24, 2000 Regular City Council meeting and has asked for an excused absence. sam DATE: TO: FROM: RE: MEMORANDUM May 24, 2000 Mayor and City Council, City Manager, City Attorney Kathryn M. O'Halloran, MMC ~, ~) City Clerk Councilmember Ba~'czyk Excused Absence Councilmember Barczyk is unable to attend the May 24, 2000 Regular City Council meeting and has asked for an excused absence. sam ! ! ! ! SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING 'WEDNESDAY, MAY 24, 2000 - 7:00 P,M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK . 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council- limit often minutes per speaker (R.9~-2~) CALL TO ORDER PLEDGE OF ALLEGiANCE I I INVOCATION/MOMENT OF SILENCE RoLLCALL ~GENDA MODIFICATIONS_ {ADDITIONS AND/OR DELETIONS) /terns not on the written agenda may be added only upon a majority vote of City Council members (R-gg-21) 00.016 00.125 EROCLAMATIONS. ANNOUNCEMENTS AND/OR_PRESENTATIONS Presentation of Check to City of Sebastian by Florida inland Navigation District Representatives B. Presentation of Certificates of Appreciation to Students Participating in Future Development of Barber Street Sports Complex Fred Balsam A;J. Doan Peace Sanchez Jennifer Brown J.P. Gusin Tanns Turner Para Cary Amy McDonald 00.126 C, Presentation by Friends of St. Sebastian River - Environmental Enhancement Award 00.127 ./ D ~ntation by. Capital Sanitation - Enhancements to the Operation~ · CITY ATTORNEY MATTERS 8. CITY MANAGER MA'rTER~ 00.128 A, Discussion - St. Johns River Water Management District Relative to Water Levels W'~[hin the City of Sebastian (No Backup) 9. CITY CLERK MAJ-'TERS 1-13 O0. f30 15-17 18-30 00. fl0 31-34 00.042 35-74 00.065 75-117 10. 11. 12. CITY COUNCIL MATTERS A. Mr. Majcher B. Mayor Barnes C. Vice Mayor Bishop D. Mr. Barczyk (~D~SEblT AGENDA All item~ on the consent agenda are considered rou#ne ~nd w~l be enacted by one mo#on. There W~ be nc separate ~scuss~n of consent agenda Items unless a member of City Count! so requests; in which event, the I~m wll be removed and acted upon separately. A. Approval of Minutes - 5/3/00 W°rksho~, 5/10/00 Regular Meeting B. F~_,her Wedding Reception - Community Center - 6/17/00 - 6 to 1'0 pm - Security Paid - Age Verified - for A/B Request - 75 Attendees (City Clerk Transmittal 5/16/00, Application) _P.UI~I.IC HEARING P/o~edures for put~ic hearings: (R-g ~-21) · Mayor Opens Hea~lng · Attorney Reads Ore,henCe or Resolution · Staff Presents#on · Pubic Input. Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Heating · Coun~ Ac~on Anyone IMsh~g to Speak Js Asked to Sign Up before the Mea~ng, When Called ge to the Poc~um and 5'tats His or Her Name for the Recc~ Ordinance No, O-0q-!1 - Change il~ perr01tted Use_Jrt_Industrial Zoning District - ~e~ond Reading and Second Pu.b_.l[c Hearing (GroMh Management Director Transmittal 5/18/00. O-00-11} AN ORDINANCE OF THE CITY OF SEBASTIANi INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-3.14 IN, INDUSTRIAL DISTRICT, OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;! PROVIDING FOR AN EFFECTIVE DATE. (Display Ad 5/3/00, 1st Reading and 1st Public Hearing 5/10/00, Display Ad 5/17/J~0, 2nd Reading and 2nd Public Hearing 5/23/00) Ordirtarme No. O-00-12- Regulate Ele~rafioJ~ of Fill Material at Construction Sites- ~econd Reading and Public Hearing (City Manqger Trartsmittal 5/18/00. O;00-12.) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 26 TO REGULATE ELEVATIONS OF FiLL MATERIAL AT CONSTRUCTION SITES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 4/26/00, Legal Ad 5/10/00, Public Headng 5/24/00) I OI;d~ance I~10, O-00-13 -Amending Fiscal Year ~.0_00 Budget - ~'[econd_Re~(;li]~g and Public Hearina (Finance Director Transmittal 5/18100. O-00-13, 2nd Qtr Bud.getRevJew Memo and Incorpe Statement by Fu.n_d at Character Level~Pr~ect Status Reports by.Fund. Invest~ez~t_ Sum~al'j/) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL'YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR SEVERABILITYI PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 5/10/00, Legal Ad 5/12/00, I~ublic Hearing 5/24/00) Drdinan[:e No~_O-00.15 - AdoDtina NeW I. and Development Code - I~ Reading and First Public Hearing - Second Re.a. dit~a ~.nd Secon~ Public Hearina Scheduled_fg~ 6/1~/00 (GrOWth Manaa~ment Transmittal 5il 8/00. O-00c.15, LDC Revisions. City Attorney ~uagested Options) AN ORDINANCE OF THE CITY'OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REWRITING CITY CODE CHAPTER 20A, THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (DisplayAd 5/17/00, 1st Reading and 1st Public Hearing 5/24/00, Display Ad 5/31/00, 2nd Reading and 2nd Public Hearing Scheduled far 6/14/00) 2 00.131 119-126 Resolution No. R-00-30 - Modification to Gol(_Course Rates (Finance Director Transmittal. R-OO-: O) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO FEES AT THE SEBASTIAN MUNICIPAL GOLF COURSE; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR AMORTIZATION OF MEMBERSHIPS; PROVIDING FOR EXPIRATION OF GIFT CERTIFICATES; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE. (Display Ad s~'~.zoo) 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLI;; Item that has occurred or wes ~scovered within the pre,roue si~ months which is not otherwise on the agenda - sign.up required- #rr~lt often minutes for each speaker 14. COMMITTEE REPORTS/RECOMMENDATiONS 00.006 127-133 Board of Adj.ustment 1. Interview, Unless Waived, and Appoint One Regular Member Effective 6/1/2000 with Term to Expire 6/1/2003 (City Clerk Transmittal 5/15/00, Application, Member Mst, Ad) 15. OLD BUSINESS 0o. 132 135-152 00.12o 153-164 16. NEW BUSINESS A. A'~horize City Manager to Exec~e/~'~lt~Lease Agreement Beige Peel Enterprises~ Inc. (d/b/a Greens +) and City ~ Seba~;;tian~(C.~ity Manager Tran~lttal 5/18/-~oposed~d~a~e Agreement) B. Ordi~.ance No. O-00-16 - Community Rede~e[0.Prrtent Trust Fund - First Reading - Set Public Hearingfor 6/28/00.(,Finance Director Transmittal 5/17/00. O-00-16. Finance Director Mer~o 4/25/00. FS 163,387 Excerot. Summary of Changes to Section 78-30) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 78-30 OF THE CODE OF ORDINANCES, COMMUNITY REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 00.133 C. 165-182 Authorize City Manager to Execute S~. Johns River Water Management District Renewal Agreement (City Manager Transmittal 5/19/00, Agreement) 17. ADJOURN (Afl meetings shall adjourn at ~0:30 p.m. unless extended, for up to one haff hoUr by e m~jorfty vote of City Council) ANY PERSON WHO DECIDES TO'APPEAL ANY DECISION MADE BY THE CITY COUNCIL VVITH RESPECT TO ANY MA TTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F. SJ IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY~ ADA COORDINATOR AT 589.5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcornina Mee#ngs: · Regular Mee#ng- Wednesday, 6/14/2000- 7 pm · Regular Mee#ng- Wednesday, 6/28/2000- 7 pm DRAFT SEBASTIAN CiTY COUNCil WORKSHOP MINUTES WEDNESDAY, MAY 3, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS I 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALl. City Council Present: Mayor .Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr.. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Growth .Management Director, Tracy Hass Growth Management Manager, Jan King Deputy City Clerk, Sally Maio 00.065 WORKSHOP ITEMS A. Review Proposed_l~nd Development Code Revjsi_o.n Mayor Barnes announced that this workshop was a continuance of the April 19, 2000 workshop and that review would begin on Article XI, however he requested a brief rereview of certain of the previous articles. Following discussion on residential building height which is proposed to go to 35 feet rather than the 25 feet in the current code; a consensus poll was taken to limit height to 25 feet. The poll resulted in a majority denial, however, it was the consensus of Council to direct the City Attorney to bring back language to provide that if it the.maximum height was left at 25 feet, there would be an easier method of obtaining a variance to go higher. City Council Workshop May 3, 2000 Page Two DRAFT There was a also a consensus to go fr!m 15 feet to 25 feet maximum height for the RMH district. At the suggestion of the Growth Management Director, the City Attorney was directed to include in his research the po~ibil~ of keeping RS-10 at 25 feet, but go to 35 [eet for the lower dens~ residential districts, i The Growth Management Dire~or ad,Sad that ~trallis'" will be redefined. Page 14 - Paragraph D. - The City Attorney suggested adding language that land purchased with funds set aside would have to be either in the City of Sebastian or within the Sebastian watershed. The .last sentence was amended to read, 'Such cash payment must be placed .in a special fund for future purchase or debt retirement from the purchase for mitigation of critical habitat.' Page 2 - add 'and wind" alter "soil" in paragraph B Erosion Conbol Measures, although it is covered in paragraph C Applicability TAPE I- SIDE II (7:45 p.m.) .Nticle XJl No changes except for typos 'velocity' and "capacity". ~rti~le Xlll No changes. Article XlV There was a lengthy discussion on strehgthening language on commercial landscaping and a suggestion to require shrubs in residenlial .construction. Sal Neglia, Louise Kautenberg, and Joe Rock addressed Council on the sUbject. It was the consensus of Council to dire, shrubs in residential districts proportion TAPE II - SIDE II (8:35 p.m.) ,'t the City Attorney to come back with'language requiring al to the. front of the house. p,,~,~Le XV . Discussion on proposed seating to purl{lng ratios which are .based on health/fire marshall maximum capacity requirements. The~rowth'Management Director was asked to research parking requirements for restaurants based on this formula to determine compliance and if it presents a hardship to those businesses. Mayor Barnes called recess at 8:45 p.m. and reconvened the workshop at 9:02 p.m. Ali members were present. 2 City CoUncil Workshop May 3, 2000 Page Three ALrticle X~' DRAFT It was the consensus of Council to add 'alarm' signs to the examples for 'instructional signs". Page 12 - there was. a consensus of Council to eliminate directional signs in the C512 zoning district; and a consensus to allow them no closer than 1000 feet to one another in other commercial districts. The Growth Management Director noted they are prohibited in the CR zoning district. Article XVII It was the consensus of Council to move Article XVll Nuisance..Abatementto the Code of Ordinances Chapter 66. This article number will be reserved for future use. Article XVIII Page 13 - paragraph 10 - typo ~waivier' Article XIX Page 2 - paragraph G. It was decided staff would provide a better definition for "amenities" Page 16 - paragraph f- last sentence - change "of" to 'or" Page 17 - paragraph 3.c. Ac'lion - delete "and the signed and certified" at end of-last sentence. Page 20 - paragraph 2. 1st sentence -add "be" after 'shall" Page 16 - paragraph f. - Schedule of Development Phases. Consensus to have staff research to provide language requiring that amenities be required to ensure quality subdivisions. TAPE II - SIDE II (9:35 p.m,) Page 29 - paragraph H.4. - It was the consensus of Council to delete the second sentence in its entirety. Page 35 - staff'to research what determines the arterial roadway 120-150 foot minimum right-of- way requirement Arttcle~XX No changes. Article XXl Page 1 - paragraph A.2. - delete 'the" before "no" Page 6 - paragraph A.4. - change 'a" to "an" Page 29 ~ paragraph H - 3rd paragraph - change "harm" to "berm" Article XXJI No changes. 3 I o~ oo..~,, v~o.~..o~ DRAFT i May 3, 2000 Page Four I 5. Being no further business, Mayor Barnes adjourned the worksh°p at 9:50 p.m. I Approved at the ,2000 Re;ular City Council Meeting. I · i Walter Barnes, Mayor Kathryn M. O'1-lalloran, MMc i City Clerk I I I I I i I i i I ! DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 10, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Chaplain Frank Camillo - Police Chaplain and First Baptist Church of Barefoot Bay 4. ~OLLCALL City Coun.c. il present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. .Mr. James Hill Stair Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Public Works Director, Terry Hill Finance Director, Mark Mason Police Chief, Randy White Deputy City Clerk, Sally Maio Regular City Council Meeting May 10, 2000 Page Two DRAFT ,AGENDA ¥ODIFiCA~TIONS (ADDITIONS ANDJ. OR .DEI=I~TIONS) Items not on the written agenda may be added only upon a major/b/vote of City Council members (R-99-21) Mayor Barnes requested that a proclamation fo~ civility month be added to the agenda as Item D under Proclamation/Presentations; and the City Manager asked that New BuSiness Item E be moved to the beginning of New Business. City Council concurred with both requests. 6. PROCLAMATIONS. ANNOUNCEMEI_NTS AND/OR PRESENTATIONS 00.113 A. Presentation by Li~)ns Club - Ponation t~ City of Sebastian for 75~;h Anniversary Celebration Joann Osmundsen presented a check in the amount of $1000 for the 75th'Anniversary celebration. 00.114 p_.roclam~tion - Natioqal Police Week - Ac~epte~! by Officer Mike Welsh Mayor Barnes read and presented the .proclamation to Officer Mike Walsh. 00,115 Proclamation - Honoring Surfers Patl~LciPatino in 2000 Regional Competition - Accepted by Brenda Russell. Central FlqddaDjstrictAdmlnistrator new Mayor Barnes read the proclamation, however, Ms. Russell was not in attendance. _Proclarqatio_n - Civility Month Mayor Barnes read and presented the I~roclamation to Vero Beach City Attorney Julie Shutta. 00.116 10. CITY ATTORNEY JVlATTERS I · Said he will bring the proposed park po!icy to Council at the first regular meeting in June. CITY MANAGER MA'I"[ERS i A. The Sebastian City Logo (No Backup) I · Discussed the unveiling of the new city ~ign and distributed a 'new letterhead and business card logo to Council. The City Attorney repclrted that sign designer and artist Curt Oxford turned over rights to the image to the City. the crane sign on Barber Street. Thanked City staff for the succ ess of the sign unveiling. Announced the American Can :er Society relay for life at the Citrus Bowl this weekend. Reported on a call he had received regarding vegetation from an empty lot growing onto an improved lot, and the City I~ [anager responded he would discuss the matter with the Building Director. CITY CI. ERK MATTERS Thanked the City Attorney for the sUggestion of CI'['Y COUNCIL MA'r'rl.SR$ A. Mr. Hill 2 Regular City Council Meeting May 10, 2000 Page Three DRAFT M~'~Majcher · Reported on the Emergency Management Services meeting and the attempt to obtain a radio station for hurricane reporting · Asked for status on Wentworth paving and Creative Playground repairs The City Manager said the paving is in the works, and the Creative Playground will be addressed in fiscal 2001 capital improvement program, however, if there are volunteers who wish to expedite repairs he'd be happy to meet with them. Mr. Bishop said he would provide the volunteer's name to the City Manager. Announced the Grand Harbor tennis classic benefit for the Humane Society C. Mayor Barnes Announced that Keep Indian River Beautiful Adopt-a-Street program applications are available in the City Clerks office. D. Vice Ma. Y0_r Bishop None. E. Mr. Barc~: Expressed concern for the condition of the Riverview Park playground equipment, and the City Manager stated that this will also be addressed for fiscal year 2001, however, certain concerns can be address before that time. Reported that St. Johns River Water Management District figures show wells down approximately 18 to 28 feet and suggested an agenda item to consider imposing the emergency restriction. It was the consensus of Council to place the item on the next regular meeting agenda and the City Manager said he would ask a St. Johns representative to attend the meeting to make a presentation. It was noted that people are watedng dudng the day and the Chief was asked to look into it. 11. CONSENT AGENDA All items on the consent 'agenda ere considered mu#ne and w~ be enacted by one mo{fen. There v~ll be no separate discussion of consent agenda items unless s member of City Council so requests; in which event, the Item w~l be removed and acted upon separately. A. Approval of Minutes - 4/26/00 Regular Meeting 00.117 Peacock Request for Community Center - Wedding - 6/3/00 - Noon to 6 pm - A/B - Age Verified - Security Paid ~ 60 Attendees (City Clerk Transmittal 5/3/00, R-00-21 Excerpt, Application) 00.1~8 Resolution No. R-00-26 - Vacation of Easement - Farless - Lots 22 & 23 Block 129, SH Unit 4 (Growth Management Director Transmittal 4/28/00, R-00-26, ApPlication, Site Map, Staff Report, Utility Letters) A RESOLUTION Of THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 22 AND 23, BLOCK 129, SEBASTIAN HIGHLANDS UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 3 Regular City Council Meeting May 10, 2000 Page Four DRAFT 00."1'19 12. The City Manager read the consent agenda and the City Attorney read the title for Resolution No. R-00-26. by Hill/Barczyk . MOTIO,iN move to approve consent agenda/items A, El and C." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk ~ aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 PUBLIC HEARING A. First Reading and First Public Headl3g 0~ OrdinanCe No, O,00-11 - Cbellge in Permitted Use in J.rLdLustflal Zoning District - Second Rea(jinQ ~nd Second Public Hearina Scheduled for 5/24/~)_{~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-3.14 IN, INDUSTRIAL.DISTRICT, OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDINGFOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public headng at 7:34 p.m. and the City Attorney read Ordinance No. O- 00-11 by title. The City Attorney briefly described .the ~mendment which is included in the proposed Land Dm/elopment Code and has been reviewed by Council. / Joseph Schu!ke, Schulke Enterprises, r~epresenting the Eagles, addressed Council on the proposed amendment. Mayor Barnes closed the hearing at 7:42 p.m. MOTION by Barczyk/Bishop "1 move that we approve the firs change in permitted use in industrial zol hearing for 5/24 the year 20013," ROLL CALL: Mr. Bishop Mr. Barczyk Mr.'Majcher Mr. Hill Mayor Barnes MOTION CARRIED 5-0 t reading and first public heating on Ordinance O-00-11, ting district and set second reading and second public aye aye aye aye aye Regular City Council Meeting May 10, 2000 Page Five DRAFT 13. ~NTRODUCTION OF NEW BU.~JNESS FRO]yI_THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign- up required- limit often minutes for each speaker William Mahoney, Sebastian, objected to construction of the Yacht Club restrooms prior to the construction of the Hardee Park restrooms, and also suggested the restrooms should be at the Main Street ramp. Catherine Ackerman, Landsdown Drive, Sebastian, objected to the installation of showers at the Yacht Club. TAPE I- SIDE II (7:48 p.m.) Sal Neglia, Sebastian, objected to showers at the Yacht Club, Code Enforcement being under the Police Department, changing building height maximum to 35' in residential districts, and the proposed shrub requirement. Charles Stachel, Coral Reef Street, Sebastian, objected to the showers at the Yacht Club. Joe Graham,. Indian River Drive, Sebastian, adjacent property owner to the Yacht Club, expreSSed concern for vagrants use of the shower facility. Ray Coniglio, Carnation Drive, Sebastian, thanked the Lions Club for their donation and noted the 75th Anniversary Committee will be on the May 24, 2000 agenda. 14. COMMITTEE REPORTS/RECOMMENDATIONS 00.067 ~o~le Enfomement~oard - Intervigw. Unless Waive~l_a~!~!/~ppoint Alternate Member with TeEn to Expire 4/2003 (City Clerk~Transmlttal 5/1/00. Application. Member List. Ad) MOTION by Hill/Majcher "1 move to appoint Joseph Morozowski to the alternate position.on the Code Enforcement Board with term to expire 4/2003." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill -aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 0~120 Community Red. eyelopment Agency.(.CEA) - Set Meeting Schedule (Citv Manaaer Tra. Dsmittal The meeting was scheduled for May 24, 2000 at 6:30 p.m. by consensus. Regular City Council Meeting May 10, 2000 Page Six DRAFT 00.105 C. Tree Advisory Board -/~pprove Work Pi~ ~E~or 2000 (~uilding Dept. Transm~al 4/21/00, proposed Work piap,. Tree Board Minut~,~s} Peter Taylor, Concha Drive, Sebastian s aid that the Tree Board had received donations of e/press trees and water oaks, and suggested th~ it the Tree Board be requested to use those trees to fill in areas along canals that have been cleated of brazilian pepper trees. Mr. Barczyk suggested a project to bea~ltlfy the area adjacent to the Kroegel statue, and that the Tree Board work with the City Managerand Public Works Director on any projects they deem important. ~ Mr. Taylor suggested using Boy Scouts/Girl Scouts and other organizations to plantthe aforementioned trees, The City Manager said he would communicate Council's wishes to the Tree Board. 15. Mayor Barnes called recess at 8:18 p.m. and reconvened the meeting at 8:33 p.m, All members were present,il OLD BUSINESS 00.100 A. ~'acht Club Restroom Initiative (Gib/M.ari~ger Transmitta!~ Revised_Drawinos.) Butt Jones presented drawings based o~ direction at the April 26, 2000 meeting and City Council discussion followed, i TAPE II - SIDE I (8:4g p.m.) It was the consensus of Council that showers were not needed; and that the restrOoms be attached to the Yacht Club building. T. he City Manager said with the direction he has received from Council he will return with cost figures and to seek further direction. 16. NEW BUSINESS 00.124 E. ~;:)prove J.ease Agreement_Betweel~ O~h Aero Services, Inc. and City of Sebastian._(City Menaaer Transmittal 5/4/00. Lease AJ;ireement~ The City Manager introduced Robert "R~dar" Orth IV, Vice President of Orth Aero Services, INC., who addressed City Council on the proposed lease. He requested a start date of May 15, 2000, MOTION by Bishop/Majcher "1 would move to authorize the City Manager to execute the Lease Agreement between Orth Aero Services, Inc. and the City of Sebastian." ROLL CALL: MOTION CARRIED' 5-0 Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher - aye - aye - aye Regular City Council Meeting May 10, 2000 Page Seven DRAFT First Reading of Ordinance No, 0-00-13 - Amending~cal Year~2000 Budget - Set Public Hearina for 5~4/00 (Finance Director Transmittal, O-00-13, 2nd QtrJ~dgetEeview Memo and Income ~tatemertt~y Fund at Character Level. Project Status Reports by Fund. Investment Summary.) AN ORDINANCE Of THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YE. AR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS .PROVIDED FOR IN EXHIBIT "A'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-13 by title. The Finance Director gave a brief presentation and responded to questions from Council, An error was noted in Exhibit A relative to Airport amended budget, whereby the difference is not reflected. MOTION by Hill/Majcher '1 would move to approve Ordinance O-00-13 and set a public hearing for MaY 24, 2000." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr, Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 00.12f B. Resolution No, R-00-27 - Authorizing City Manaaer to E3ec.~[e State of Florida Department of TransportatioJ~ Joint Participation Agreement. for SuDerunicom (City Manager Transmittal. 27 w/Exhibit, FDOT Letter A RESOLUTION Of THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE PURCHASE AND INSTALLATION OF SUPERUNICOM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R,00-27 by title. TAPE II - SIDE II (9:35 p.m.) The City Manager noted the City's match was $8500 from the .Airport Enterprise fund. MOTION by Barczyk/Majcher '1 move to approve Resolution R-00-27, authorizing the City Manager to execute the State of Florida .Department of Transportation Public Transportation Joint Participation Agreement for the purchase and installation of Superunicom at the Sebastian Municipal Airport." 7 Regular City Council DEAFT May 10, 2000 Meeting r i a Page Eight ROLL CALL: M. B'shop - ye Mr, Barczyk - aye Mr. Majcher - aye Mr. Hill i - aye Mayor Barnes !' - aye MOTION CARRIED 5-0 00.122 C. Resolution No. R-00-28 - A.~Ithorizing CrY Manaae_r to Enter Into HighwayBeautification Gr~nt Agreement and LaqdscaDe Constructio~ and Maintenance Memorandum of Agreement Between CRv of Sebastian andFDOT [City Manaper Transmittal 5/1/00. R-00-~I~) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER TO ENTER INTO A HIGHWAY BEAUTIFICATION GRANT AGREEMENT AND LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The C~j Attorney read Resolution No. R-00-28 by title. ! The City Manager noted the first community awareness workshop on the U.S. 1 improvement program will be May 23, 2000. MOTION~ by Majcher/Hill I move to adopt. Resolution R-00-28 authorizing the City Manager to enter into a Highway Beautification Grant Agreement and Landscape .Construction and 'Maintenance Memorandum of Agreement." ROLL.CALL: Mr. Barczyk i~ - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop ~ aye MOTION CARRIED '5-0 First ReadJno of Ordinance No, O-00-1~4 - Amending Time for Mooting Boats to City Docks - o0.123 D. Public Hearirtg for 6114/00 (Police cIBie~f Trar!smittal 5/4/00. O~00-14) AN ORDINANCE OF 'I~HE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 110-44, PERIOD OF MOORING TO ML~NICIPAL DOCKS AND PIERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING .FOR AN EFFECTIVE DATE. The City Attorney read'Ordinance No. 0-00-14 by title only. It was noted that this would fall under the general penalty provision. It was the consensus of Council to change to one hour in a 24 hour period, and delete paragraph b. Regular City Council Meeting May 10, 2000 Page Nine DRAFT MOTION by Barczyk/Barnes ~1 move to approve Ordinance O-00-14 on first reading and set a public hearing for 6/14 year 2000 as amended." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:55 p.m. ApprOved at the ,2000 Regular City Council Meeting. Walter Barnes Mayor Kathryn M. O'Halloran, MMC City Clerk i I City of Sebastian 1225 Main Street Sebastian, Florida 32958 Telephone (561) 589-5330 FAX (561) 589-5570 Subject: Request for Rental of Community Center Agenda No. ~)./~0 ' Department Origin: City Clerk],~ Date Submitted: 05/16/00 For Agenda of: 05/24/00 Exhibits: Application dated 5/16/00 Expenditure Required: [ Amount Budgeted: SUMMARY STATEMENT. Appropriation Required: The City has received an application from Heather Fischer, requesting the use of the Community Center on June 17, 2000 from 6:00 P.M. till 10:00 P.M. for a wed6ing reception.' As required by R-00-21, Section I(B) (copy attached), the applicant is requesting permission to serve alcohol at the event. Proof of age has been received. BECOMMENDED ACTION Consider the request and act accordingly. · , . CITY OF SEBASTIAN . ~~ RENTAL PERMIT APPLICATION ':,.~:'"NAME·DArE;'OF('~:IPERM'TTEE: ~' ]/~E) ~E)'. ' (~'~//~~ ~'~,,,,i, .coMM UN I~;..C EN~rER .i · ~0J)¢ k' ,r' ~ ": YACHT CLUB-, I PHON .AILIN ADD. SS: · · NAME OF GROUP OR ORGANI~TION: R~SON FOR RENTAL: ANTICIPATED NUMBER OF PERSONS A~ENDING EVENT: · Office Use FEE PL~SEANS~R~S OR NO: .A ,a 1.. ARE KITCHEN FACILITIES REQUIRED? ~ , 2. ARE*YOU A RESIDE~ OF'SEBASTIAN? ........... ~ ~ 3. -WI~ DE.CO~TIONS BE' PUT'UP? '. [~ Total .... 4.. WI~ THERE BE AN ADMISSION OR DOOR CHARG[ [? 5...Wl~ ~COHOLIC BE~GES BE SERVED? I :". :,. [~ ;/ / Total ........ $/~.~ (a) If an~er to ~ b Yes, Pe~iffee's proof of ~ ge: 0 ~) If al~hol is to ~ ~wed, ~i~ion is mqu md by Ci~ ~u~cil. Your reque~ will be ' presented to ~uncil on: Make ~ec~ payable to Ci~ of sebastian (A sewi~ fee of 5% or $10.00, whichever is greater, may be cha~ed for a dishonored check per City Resolution No. R-9~I) SECURITY DEPOSIT ........ RENT ........................... 7% TAX ................ ' ........... OFFICE USE IONLY · D,/~,~E P~AID RECEIPT NO. INITIALS ALCOHOL BEVERAGE REQUEST r"] APPROVED [] Police Department Agreement Verified Of applicable) : , .,.:KeyRetum~ Date .,.. Key Pickup Date: . d Date:.. SECURITY DEPOSIT RETURNED BY.CITY CHECK # ! FOR$ '~'~. COMMENTS: &. DISAPPROVED RESOLUTION NO. R-00-21 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY .CENTER, SEBASTIAN YACHT cLuB, AND CITY COUNCIL' CHAMBERS; PROMULGATING RULES AND 'PROCEDURES FOR USE OF SUCH FACiLITiES; PROVIDING FOR THE. COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF REsOLUTJONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS,the City of SebaslJan owns and maintains a Yacht Club and a Community Center for the use and benefit of Its citizens and a City Council Chambers for the operation of City government; and WHEREAS, the promulgation of rules of conduct and procedure will promote the general health, · safety end welfare of.thOse persons .utilizing such facilities; and WHEREAS, the City Council deems It necessary to impose certain fees for the use of certain facilities in order to defray the ·cost of maintenance and 'repair. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION!, RULES AND REGULATIONS: The City Council hereby adopts the following rules and regulations for the use of the Sebastian Community Center and the Sebastian Yacht Club. · A. .An application for a permltto use the Commun'~ Center orthe Yacht Club must be completed on forms Provided for such purpose by the City Clerk. An application for a permit must be received by the City Clerk at least two weeks prior to the date of the requested use, however an application for a permit requiring City Council approval must be received by the Ctty Clerk at least two weeks before the next Regular City Council meeting date which is prior to the date of the requested use. it is the policy cf the City of Sebastian that no waivers of the rental or security deposit will be.permitted, except as otherwise provided for in this Resolution. The Ci.ty Clerk shall issue a use permit upon a determination that the requested use is - I .permisslble pursuant to this Resolution and all fees have' been paid. In. the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11:00 p.m., or If an admission charge is to be assessed, then the City Clerk shall not issue a use permit until directed to do so by the City Council. _ City of Sebastian, Florida Subject: Industrial Zoning District Regulations. Approved ~or Submitt~ ,, For Agenda of: Exhibits: Ordinance No. O-00-I 1 (IN zoning district regulations). EXPENDITURE AMOUNT BUDGETED: REQUIRED: None None Agenda No. t59~ .//q Department Origin: .Cn'p .vC,.h Management Date Submitted: May 18, 2000 May 24, 2000 APPROPRIATION REQUIRED: None SUMMARY The Eagles Club has submitted a request to the City for au amendment to the Laud Development Code to adopt the proposed Industrial Zoning District ahead of schedule so as to not further delay submittal of their proposed site plan within the Barber Street Trade Center. The current LDC does not allow clubs or lounges within the IN zoning district whereas the propped allows clubs and lounges. The Eagles Club has been patiently awaiting adoption of the code and unfortunately due to lease arrangements in their current location, they can no longer afford to incur further delay. Therefore, they submitted a request for removing the proposed IN section from the Laud Development Code and adopting it early. The Planning and Zoning Commission during their regular meeting on April 19, 2000 recommended approval of Ordinance No. 0-00-11. Additionally, the City Council during a workshop meeting on April 19, reviewed the proposed IN district regulations and subsequently did not recommend any changes to the proposed language. RECOMMENDED ACTION Hold second reading and public hearing and move to adopt Ordinance No. 0-00-11. ORDINANCE NO. O-OO- ~.~- AN ORDINANCE OF TH'E cITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, 3d~IENDING SECTION 20A-3.14 IN, INDUSTRL4& DISTRICT, OF THE LA.ND DEVELOP1VEENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. .WHEREAS, the City has received an application to allow a club lodge in an area zoned IN -Industrial District, which is not.currently an allowed use but is recommended as an allowed use in the proposed Land Development Code modification under consideration; and WHEREAS, a public heating was held before the Planning and Zoning Commission onApril 20, 2000, and in the interest of fairness that body recommends approval of the Land Development Code amendments previously recommended for the Industrial District pending adoption of the entire modified Code; and WH'EREAS, the City Council ,upon due public hearing has considered the same and found said amendments to be in.the best interest of the citizens of Sebastian; NOW, TIEEREFORE, BE IT ORDAINED BY THE CITY COUNCII, OF THE CiTY OF SEBASTIAN, INDIAN RIVER CO~TY, FLORIDA, as follows: Section 1. That section 20A-3.14 of the Land Development Code, City of Sebastian. Florida is hereby amended to read as follows: Section 20A-3.14. IN, Industrial District. I~T~T. The intent of the K'q district is to .ofQvicl, ~, ~e~. .&amewo~k for implementing Co~rehensive Phn o~ecfives ~d pol[~ie~ fqr l~ted indu~al development on l~d des~ated ~ on ~e Furore L~d Use · ~ ~ d~yflgpmem i~ the ~ di~fi~ ~ comp~ ~tk ~b~ Co~rehensive P]~ peffo~ance c~tefia ~ Ch~ter ~ as well as other ~plic~b]~ development te~l~s. ~v~~ ~ j~O~ ~ deemed'to generate M~v e~ensi~ adverse ~ fo[ ~he urger $[e~ ~ ~gll n~ be pe~ed uses in the C~$~ 9f~i~ SgCh. ~¢~ti~s ~t ~ore ~propfiate~ located near m~ot~eo9~ ~r~ponation fa~i~, USES. Utilities_ pgblic and Private ]~usiness and Professional Offices with or without drive-thro~tgh fac~ties Gasoline S~le~ Cgranaercial Retail with (5',000 sq. fi/,~ Merchandising of S~eondt~l .Qp.q~ Cgrar~ercial Amusements. enclosed Storage Faci]itie~ Plant Nurseries gl~aur~nts with our without drive-through facilities Tra~. ~'lC[ Skilled Serviqe~ Vehicular Sales and Kelated Services Vehicular Services_ and Maillt.~ WhoJelt~l~ Tr.a~e,~ and Services Veterinary Services II~tustrial Activities Parking G-~:~g~ Clubs and Lodge&,.o~bl~ ~ pljv~te Admini sty~jv~. ~ 9fyi ~,~ A~cessory Uses to Permitt~ Uses ~edical Services c0m)mo.~A~ us~:s. Cpmmerciaj Retail witk> 5. OOO Sq. f~. ~-t0tels and Motels wilh or without <itchens Public_.Protective and Emergency S ervi. c~,q PubJic Parks alll:l Recreation Unenclosed Commercial Ac~.Cllae~ts Adult I~ntertail~nt Establishment .Aecesso~ Uses to Conqlj,i0nal Use~ DIMENSIONAL REGIILA TIOI~'$,, 1. Maximurll ,FAR: 50% 2. _ Maximt~m Height; ~ ~ fe~. No strucmr~ shall be er99~ed withir the ~proach zonf;~ 9f active ' runways on the Sebastian Munic~l Airport at ~, height in excess of tho,se permitt~ by the FAA or the City Cgl~ncil. All s~memr0~ shall comply with the City of SebastianAirport Master Plan. 3., Lot Coverilg~; Maxi~¢m Buildirlg Coveragez M~r~r~ ~m~e~us Surface: ~0% ,Minimum Open Spa~e; 20~ 50% 4. ]~ot Dinlensions: Minimum Lot Siz,; Minimur0 Width: Minimum Depth: 15.09D ,~quare feet 1 O0 fe~t 125 feet 5. Minimum S~backs: Fro/lt Yard: Side Interior Yard: Rear yard: ~on¢ 10 f~c). 3 No building ~ structure in an IN district shall be located closer th~ 3!3 feet to a r. eaidenti al PROCESS.ING AND STORAGE WITHIN THE INDUSTRiaL DISTRICT. In the Industrial District any use is perraitted either indoors .or 9k~tdaors. but iv q~Iffgall~II~q'wi;~ ~' ~,ppl,i~ahle performance standards. In the IndUstrial. Di~;ri~l. all business, servicing, manufacturing or processirig within two ll~I1O/.ed (200) .feet rwgieoti l cii lrict bound~,ry lilly be outdoors b~.l: .ljlttll be_e, ffeclivaly screened by a solid wall. fence or natural landscaping providing a ninew '!(99).p.~I.c.i~Ilt opaque-screen planling so that the materials shall not be visible fc~ITri, tile r~jclel'~i~l district. The requiremerll ~b.ltl] lll)l ltPPIY ~ ~,ji~e~ds for the outside ~torage of aircraft. Section 2. CONFLICT. herewith are hereby repealed. Section 3. SEVERABILITY. All ordinances or parts of ordinances in corrflict In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder' of the Ordinance shall not be 'affected and it shall be presumed that the City Council did not imend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect follo~ng its adoption by the City Council. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember amd, upon being put to a vote, the vote was as follows: by Councilmember Mayor Walter Barnes Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember James Hill Councilmember Edward J. Majcher, Ir. The Mayor thereupon declared this Ordinance duly passed amd .adopted this day of May, 2000. ATTEST: CITY OF SEBASTIAN, FLORIDA Kathryn M. O~ailoran, CMC/AAE City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney I Joseph W. Schulke Schulke Enterprises L.L.C. I 9622 Trade Center Drive Sebastian, FL 32958 561-581-0793 561-388.1876 Trecy Haas Growth Management Director City of Sebastian 1225 Main Street' Sebastian, FL 32958 RE: Request for an Amendment to the City Land Development Code Dear Mr. Haas, March 27, 2000 Please accept this letter, and the attached Development Order application and application fee of ,$225.00 as documentation in support of a request to amend the City Land Development Code. I am requesting that Section 20A-3.14" Industrial District," Paragraph B., "Permitted Uses" he amended to include "Clubs and Lodges" as a permitted.use. This amendment is consistent with the City's future planning as evidenced by: On March 16, the Planning and Zoning Commission unanimously recommended that the' City Council approve the new Land Development Code, which includes 'Public or Private Not for Profit Clubs" within the Industrial District. This proposed amendment also. appears to be consistent with similar uses currently permitted in the Industrial District, including "Restaurants" and "Business and Professional Offices:' .The primary functions of these two permitted .uses closely represent the activities within a social - civic club. :1 am requesting that the City amend the current code as soon as possible. I would like this done because I have a real estate transaction and a new "Eagles' club development.hinging on whether this use is permitted on an Industrial Zone property. As you recall, I had originally spoke with you regarding this issue last fall (1999). We discussed whether it would be appr°pdate to submit a request to amend the Land Development Code, or submit a request to re-zone the property.. During our discussions we also realized that this issue had been addressed within the new Land Development Code, and it was thought.that the new code would be adopted by February 2000. Based on that schedule, the new code would be adopted (and the use ~Clubs" permitted in the "IN" District). in a time frame that was compatible with my proposed project. We concluded that it would be prudent to wait for the adoption of the new Land Development Code. However, as you know, the Land Development Code has taken a little longer than anyone anticipated. And even though the Planning and Zoning Commission hasalready recommended it for approval to the City Council, it is my opinion that the City Council will take several months (at least) to workshop, revise, and approve the new code. (It is my understanding that at the City Council meeting on March 22, 2000, the City Council scheduled the first of several workshops on the Code for April 19, 2000). I have attached a copy of correspondence from the "Eagles" to then Mayor Chuck Neuberger, dated, January 4, 2000. It explains the time frames and situation we are trying to resolve. The City had responded to the Eagles letter/request by advising them to wait for the. adoption of thenew Land Development Code. The reasoning was that at the time, the City did not want to change the old code when the new code was forthcoming; and, the City advised 'that. the code would only save 2 to 3 weeks time for the Eagles club project... It is now . March 27, 2000. As you can see., we haVe lost much more time. · ' ' I hope you can support this request, .and can expedite the review and processing. It would not be inconsistent with two past city actions, which amended the present Land Development Code so as not to hinder new development. Specifically: · ' ' -. Planning and Zoning Commission and Council approval of the zoning map and new overlay districts for the riverfront district. · - Planning and Zoning Commission and Council approval of a new lot width measurement definition, which specifically helped expedite the development of a.fiverfront lot. Finally, based on our discussions, I understand that it is possible to amend the Land Development Code by May 24~, in accordance with l~he following schedule: - Application/request submEted Tuesday, March 28 - Advertise for Planning and Zoning .public hearing, starting April 3fa. . - .Planning and Zoning public hearing on April 20~h. ' - Advertise for the first City Council hearing, starting April 24 - Advertise for second City Council ~ublic hearing Starting May 8~. - First City Council Hearing May 10 . . ' - Second City Council Hearing, May 24 Thank you in advance for your support and cooperation. If you should need any additional information please do not hesitate to give me a call. Sincerely, City of Sebastian Development Order Application Permit Application No. -Applicant {if not owner, written authorization (notarized) from owner is required) Address: ~::;:~.~, ~;,~b4 VT'(~ ~/A~,4f~:~ FL.92-97o Ph0neNumben(¢f~; )~% - ~9~ ~ F~Numbe~ (~)~- %~ Owner (If different from applicant) I-Name: iAddress: Phone Numben ( ) - IE-Mail: ' f FAX Numbe¢. ( ) , . Type of permit or action requested: PL~SE COMPLE%E ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION ~A% YOU ARE REQUESTING. COPIES OF ALL ~PS., SURV~S, DRAWINGS, ETC. SHALL BE A~ACHED AND 81/2' BY 1 1" COPIES OF ANY A~ACHMENTS SHALL BE INCLUDED. A~ACH THE AFPROPE ATE SUPPLEMETAL INFORMATION FORM. A. Project's .Name (if applicable): B. Site Information Address': Lot; Block: · Unit: SuDdNision: Indian .River County ·Parcel #: Zoning Classification: Existing Use: ,Future Land Use: Proposed Use: C. Description of proposed activity and purpose of the requested permit or action (attach ext~'~,sheets if J Page ~ of 3 Revision: Development ApPlication File Name: Doe Permit Application No. D. Project Personnel' Agent: Name:~, Address Phone Number:. ( ) FAX-Numben ( ) E-Mail: Attorney: - Name: Address Phone NumbeF. ( ) FAX NumbeF. ( ) E-Mail: Engineer: Name: Address Phone NumbeF: ( ) E-Maih Surveyor: Name: Address ,, Phone Number:. ( ) FA~X Numben ( ) FAX NumDen ( ) E-Malt; _ J, , BRING'FIRST DULY SWO N, DEPOSE AND BAY THAT: , M THE . ,-A~ ~-?L~GA~ RL~PP, ES~.N'I'A¥1VE or' T1;; ~, AND THAT ALL ~~~ON, ~PS, DATA AND/OR S~CHES PROVIDED N This APPUCATION ARE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS__ DAY OF NOTARY'S SIGNATURE PRINTED NAME OF NOTARY i COMMISSION NQ,/E.XPIRATION L: ~F~rm CD,.200"I - L Approved: 08/27197 Page 2 Revision: FTle Name: Dca I Permit Application No. I The following is required for all comprehensive plan amendment_~ zoning ame~ (including rezoning), site plans~ conditional use per-mits, special use exceptlons~ and appeal.% [/WE, ._ THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE'PROPEF SUBJECT OF THIS APPLICATION, HEREBY AUTHOR~.E EACH AND EVERY MEMBER OF I BOARD/COMMISSION Of THE CITY OF SEBASTIAN (THE "BOARD"FCOMMiSSION") TO AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. i I/WE HEREBY WAIVE ANY PROCEEDINGS, RESULTING Ft CLAIM OR ASSERTION THA' CONSTItUtiON OR THE UNitE m THIS WAIVER AND CONSENT PROMISES MADE, BY Am' E'MP m S IGNATURE m sw. om to and subscribed.b~ who is personally known to as identification, this m Notary,s Signature/ Printed Name of/~. otary mco mmission.j~d./F_xpiration i 1 ! ! ! ! ! [_A~r~v,~: 08/'27/~7 I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, PROCEEDINGS, RESULTING FROM ANY BOARD/COMMIE.SI( MEMBER THAT MY/OUR PROCEDURAL CONSTITUTION OR THE UNITED STATES THIS WAIVER AND CONSENT IS BEING SIGNED BY PROMISES MADE, BY ANY EMPLOYEE, AGENT, DATE Sw. om to and subscribed .befor~e by who is personally known to ~ or produced as identification, this ,/day of ,1 9 ent DESCRIBED WHICH IS THE ENTER UPON THE PROPER"Pr' TO THE QUASI-JUDICIAL NATURE OF THE OR VIEWING THE PROPERTY, INCLUDING ANY DUE ~ROCESS RIGHTS UNDER THE FLORIDA BY SUCH ENTERING OR VIEWING. LUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR OR OFFICIAL OF THE CiTY OF ,SEBASTIAN. j Page 3 of 3 Development Appiicab'on J ReviMon: File Name: Dca ,//3. Permit Applie.,ation No. Supplemental Information Land 'Development Code Amendment (A~rAcH AD~rr:ouaL PA~ES ~; .ec~ssarY.) Current text (cite page): Describe the impact of the proposed change on the Land Development Co(lo and applicable ordina.~ces of the City. __ ,'I~E.I~E ~'~ the proposed amendment consistent with the elemen~ of the comprehensive i plan?lfnokwhichone(s)? ,,~E~. 'T~_ ~,°1.?°/ I Is the proposed amendment in conformance with applicable substanave requirements of the city of Sebastian Coda of Ordinances? If not. which one(s)?. "') F..~. . __ ' ~ A IAt~'~ved :~S/27/3 7 Pa~e ~ of '1 CDC Amendment Revision: Fda Name: SJIdcarnd City of Sebastian, Florida Subject: Ordinance 00-12 Agenda No. for S~ Manager Department Origin: City Manager Date Submitted: 05-18-00 For Agenda of: 05-24-00 Exhibits: Proposed Ordinance 00-12 EXPENDITURE [ AMOUNT BUDGETED: REQUIRED: N/A [ N/A APPROPRIATION REQUIRED: SUMMARY The proposed Ordinance 00-12 amends Code of Ordinances, Chapter 26 to regulate elevations of fill material at construction sites. RECOMMENDED ACTION Move to adopt Ordinance 00-12, amending Code of Ordinances, Chapter 26 to regulate elevations of fill material at construction site. ORDINANCE NO. O-00-12 AN ORDINANCE OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR1T~A, AMENDING CODE OF ORDiNANCES CHAPTER 26 TO REGULATE ELEVATIONS OF FILL MATERIAL AT CONSTRUCTION SITES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, problems occur when adjoining parcels of land are developed at different elevations, and this is becoming a more common occurrence in the City; and Wq~REAS, the City Code establishes minimum floor elevations, but stands silent as to maximum fill elevations; NOW, THEREFORE, BE IT ORDAINEI~ BY THE CITY COUNCIL OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. by adding a section to be numbered 26-5, which said section shall read as follows: Sec. 26-5. Maximum fdl elevations. ~ (a) The maximum elevation to which fill may be placed upon a construction site to be served by a septic system shall be one foot above either the elevation set for the septic tank by the iaealth department, or the applicable minimum floor elevation pursuant to Section 26-1, above, whichever is greater. (b) The maximum elevation to Which fill may be placed upon a construction site not served by a septic System shall be one foot above the applicable minimum floor elevation pursuant to Section 26-1, above. That the Code of Ordinances, [City of Sebastian, Florida is hereby mended Section 2. are hereby repealed. CONFLICT. All ordinances or parts of ordinances in conflict herewith Section 3. SEVERABILITY. In the evem a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFEC~ DATE. following its adoption by the City Council. This Ordinance shall take effect fifteen (15) days The foregoing Ordinance was moved for adoption The motion was seconded by Counc/lmember upon being put to a vote, the vote was as follows: by Counc/lmember and, Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. I I I The Mayor thereupon declared this Ordinan~ duly passed and adopted this 24th day of May, 2000. i · CITY OF SEBASTIAN, FLORIDA 1 By: ATTEST: Walter Barnes, Mayor I Approved as to form and legality for reliance by the City of Sebastian only: Kattw~ M. O~Ialloran, MMc/AAE I City Clerk Rich Sla-inger, city Attorney i ! ! ! ! ! ! ! ! City of Sebastian, Florida Subject: Ordinance No. O-00-13 Amending Fiscal Year 2000 General Fund, CDBG Fund, Local Option Gas Tax Fund, Discretionary Sales Tax Fund, Debt Service . Fund, Capital Projects, Golf Course, Airport, and Major Equipment Kc'placement Fund Budgets · · · · EXPENDITURE REQUIRED: N/A Agenda No. ~) .' ~ ~f,~-. Department Origin: Finance ~ Date Submitted: May 3, 2000 For Agenda of: May~ 2000 APPROPRIATION REQUIRED: N/A Ordinance No. O-00-13 2~ Quarter Budget Review Memorandum 2~ Quarter Income Statement by fund at the character level Project Status Reports by fund Investment Sunmmry as of March 31, 2000 AMOUNT BUDGETED: N/A SUMMARY In accordance with discussiom during the Fiscal Year 2000 budget process, budget reviews and adjustments would be presented to Council on a quarterly basis. In addition, quarterly income statement summaries were to accompany the reviews as well as project status reports. Also, n accordance with the Investment Resolution, au Investment 'Summary is also included for your review. We are proposing to decrease General Fund Revenues and Expenditures by $29,877, CDBG Fund by $430, and Airport Fund by $9,973, and increase Local Option Gas Tax Fund by $4,200, Discretionary Sales Tax Fund by $6,200, Debt Service Fund by $128,000, Capital projects funds by $14,900, Golf Course fund by $60, and the Major Equipment Replacement Fund by $1,000 in accordance with the 2nd Quarter Budget Review attached. The enclosed amended budget ordinance achieves that affect. The 2nd quarter budget review breaks down each affected department and fund with the amounts associated with the changes. RECOMMENDED ACTION Move to adopt Ordinance O-00-13, amending the Fiscal Year 2000 budget for the General fund, CDBG Fund, Local Option Gas Tax Fund, Discretionary Sales Tax Fund, Debt Service Fund, Capital Projects, Golf Course, Airport, and Major Equipment Replacement Fund. ORDINANCE NO. O-00-13 AN ORDINANCE OF TNF~ CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER cOUNTY, FLORIDA ADOPTING AN A1VEENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT "A": PROVIDING FOR SEVERABILiTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. VOtEREAS, on September 23, 1999, the City of Sebastian adopted Ordinance No. O-99-16 providing for the adoption of the City's 1999-00 budget; and WHEREAS, an analysis of the revenues and expenditures for the six (6) months ended March 31, 2000 has indicated that some adjustments are necessary, NOW, TItE~FO~, BE iT ORDeal[NED BY TIlE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA~ TttAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 1999 and ending September 30, 2000 be amended, a,copy of which is attached hereto a~d more particularly identified as Exhibit "A', which are hereby adopted and the revised appropriations set out therein are hereby made to maintain and carry on the g~vernment of the City of Sebastian, Indian River County, Florida. Section 2. If any clause, section, or other -~art of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions ofthil ordinance. Section 3. All Ordinances or parts of Ordi repealed to the extent of such conflict. Section 4. This Ordinance shall be come It was moved 'fOr adoption by Councilmem] The motion was seconded by Councilmeml being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben Bishop Councilmember Joe Barczyk Councilmember Ed Maj cher Councilmember James A. Hill nances in conflict herewith are hereby .~ffective on April 1, 2000. )er and, upon 'The Mayor thereupon declared this Ordinance duly passed and adopted this 24m day of May, 2000. CITY OF SEBASTIAN, FLORIDA By:. Mayor Walter Barnes ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and content for reliance by the City of Sebastian only: Rich Slainger, City Attorney GENERAL Revenues Expenditures AMENDED BUDGET $ 7,128,371 $ 7,128,371 CDBG Revenues Expenses LOCAL OPTION GAS TAX Revenues Expenses $ 1,047 . $ 1,047 $ 460,328 $ 460,328 DISCRETIONARY SALES TAX Revenues $1,706,580 Expenditures $1,706,580 DEBT SERVICE ~ Revenues $ 58,563 Expenses $ 58,563 CAPITAL PROJECTS Revenues Expenditures $ 2,565,260 $ 2,565,260 C, OLF COURSE l~evenues Expenses $1,376,403 $1,376,403 AIRPORT Revenues Expenses $ 130,880 $ 130,880 MAJOR Qtrn, REPLACEMENT FUND ~ev~ucs Expenses 144,000 144,000 E~IT 3 ; $ (29,877) $ (29,877) $ (430) $ (430) $ 4,200 $ 4,200 $ 6,200 $ 6,200 $ 128,000 $ 128,000 $ 14,900 $ 14,900 $ 60 $ 60 $ (9,973) $ (9,973) $ 1,000 $ 1,000 A $ 7,098,494 $ 7,098,494 $ 617 $ 617 $ 464,528 $ 464,528 $1,712,780 $1,712,780 $ 186,563 $ 186,563 $ 2,580,160 $ 2,580,160 $1,376,463 $1,376,463 $ 120,907 $ 120,907 $ 145,000 $ 145,000 TO: FROM: DATE: SUBJECT: MAYOR AND CITY COUNCIL CITY MANAGER APRIL 19, 2000 2~ QUARTER BUDGET REVIEW - MARCH 2000 As of March 31, 2000, the status of budgets for the major operating funds were as follows: % OF BUDGET AMENDED RECEIVED/ BUDGET RECEIVED/ BUDGET EXPENDED BALANCE ~EXPENDED GENERAL Revenues $ 7,128,371 $ 3,810,447 $ 3,317,924 53.5% Expenditures $ 7,128,371 $ 3,452,589 $ 3,559,741 48.4% GOLF COURSE Revenues $1,376,403 $ 939,397 $ 437,006 68.3% Expenses $1,376,403 $ 620,380 $ 756,023 45.1% AIRPORT Kevenues $ 130,880 $ 54,534 $ 76,345 41.7% Expenses $ 130,880 $ 56,919 $ 72,101 44.9% Highlights of the mid-year status analysis include: Overall revenues supporting the General fund are being 'received as planned. During the first six months, 53.5% of the budgeted revenues were received. The first quarter budget review includes reeomraendations to decrease overall revenue by $29,877 that consists of a decrease of $100,000 m Electric Utility Service Tax, increases .of $8,000 in Propane Utility Service Tax, $38,700 ia various permit fees, $25,085 m Federal and State FEMA grants for Hurricanes Floyd and Irene, $548 in a Florida Urban & Forestry Grant from prior years, $21,375 increase in other revenues, consisting of $12,500 in insurance proceeds and $6,575 in reimbursements, $1,500 interfund tmusfer from the Law Enforcement Education Trust Fund for Officer Training and a net decrease in appropriations from disaster emergency reserve to fund cleanup, etc. from Hurricane Irene. [ The General fund expenditures are projected to~ave a net decrease of $29,877 resulting from, net increases in expenditures resulting from appropriations made during the second quarter and a net decrease in contingency of $80,889. 2. Special Revenue Funds The Discretionary Sales Tax and Local Option Gas Tax Special Revenue funds are receiving revenue as planned, however interest income is coming higher than anticipated. Local Option Gas Tax is recommended to have a net increase of $4,200 consisting of increases of $3,000 in interest income and $1,200 in insurance proceeds, offset by increases in Signalization Supplies of $4,000, Vehicles and Equipment of $2,200 (for a neW light pole on Indian River Drive) and a decrease in unappropriated of $2000 for a net increase of $4,200 in expenditures. Discretionary Sales Tax is recommended to have a net increase of $6,200 in interest and a corresponding increase in unappropriated of $6,200. 3. Debt Service Fund Overall, the debt service fund has exceeded expectations due to revenue collections for defaulted assessments. The recon~anended increase in revenue is $128,000, with corresponding increases in expenditures of $6,139 in debt service and $121,861i in unappropriated. Capital Projects Funds I Enclosed with this budget review are capital project status reports. In addition these reports illustrate new projects associated with Hurricane Irene and Floyd. Funds is $14,900. Golf Course Fund The Golf Course fund anticipates revenue increase The recommended increase to the Capital Projects of $60 as a result of higher than expected resident card fees and club storage fees, as well as, rents and royallSes and a sale of scrap material. This is offset by a decrease in appropriated prior year retained earnings. The Golf Course Fee revenue has staged a comeback and is currently exceeding the prior year after heavy rains during the ~st quarter caused a lag in revenues. Revenue streams for the remainder of the year are expected to be right on target. The Golf Course expenditures are expected to increase by $60 due to reallocation of and increase in audit fees for production of a Comprehensive Annual Fin ancial Report and an increase m EAP charges to carts division. Airport Fund Overall revenues are being received as planned ~ rough the second quarter. Due to receipt of FDOT Grant of $240,000 for the Master Plan, original funding from retained earnings is being reduced accordingly. In addition, increased worker's comp ~fees of $1,500 and a reallocation of audit fees of $27 offset by a decrease of $11,500 in intrafund tmusfer~ will decrease the overall budget by $9,973. 2 i I i I I 7. The following projecl/program improvements are proposed to be added as a part of the 2a quarter review: Kiverview Park Sidewalk Widening. The City has received donations from the Lion's Club over the past several years with the goal of using these funds to widen the sidewalks at Riverview Park. This project was funded by these donations m the mount of $5,278 with adctitional funds of $1,822 for a total project cost of $7,100. Interior Painting of Police Department - Deteriorating conditions of some of the walls from water, etc. necessitated the painting of the interior of the Police Department. Council approved this project of $7,800 and is funded with budget savings within the Capital Improvement Projects Fund. Staff has kept well within the adopted budget in all funds to maintain maximum fiscal flexibility. continue to monitor and review each position vacancy as it occurs for service level consequences. Staff will 3 .ANALYSIS OF GENERA Overall revenues supporting general ftmd activities are bei~ of the $7,128,371 amended budget was received during th budgeted revenue was received in the first six months. TA_X2ES: Real and Personal Property Tax Collections were 87.5% of budget which is higher than fiscal year 1998-99 when 83% of the property tax budgeted was collected, Staff is optimistic, however, that the amount budgeted will be collected by fiscal year end. received as planned. A total of $3,317,924 or 53.5% first six months of the year. Last year 75.6% of The Franchise Fees and Utility Service Taxes will need to be closely monitored, .as most of them are 6 - 10% below the 50% collection estimate for the first six months of the year. This is mainly due to timing differences m recording the revenue and the actual cash received, however, we are confident that the revenue budgeted will be realized. We are, however, recommending that the Electric Utility Tax be decreased by $100,000 due to lower th~ expected revenue and an increase in Propane Utility Taxes by $8,000 due to higher than expected revenue. LICENSES AND PERMITS: Occupational and Professional Licenses are being received :at the same pace as last year, at 84.4% of budgeted revenues as compared to 87% m the previous year. Construction permitting is significantly higher than the previous year recording 85.3%% of budgeted revenues versus 59% for the same period last year. All perm/ts, except construction, irrigation, zoning fees and plat review fees, have exceeded 100% of budgeted revenue necessitating a recommended increase of $35,200 for various permit sources, I Also, we are recommending an increase in revenue for Alarm Permits, now a separate code, of $3,500 for the remainder of the year. INTERGOVERNMENTAL REVENLTE: During the first six months of 1999-00, the City has received 44.1% of the projected revenue which is 21.1% above last year for the same period. This is due to timing differences associated with when revenhe is recorded and when actual cash is received. The cash receipt received in October is generally associated ~-ith revenue received in August and therefore, in accordance with generally accepted accounting principles, iwould be recorded in the prior year. As sucl~, the revenue (not cash) received in October, 2000 would be recorded in September, thus evening out the revenue recorded. Based upon calculations used during the budget p~ocess, we are confident the revenue will be received as budgeted. I In addition, reimbursements have been received from the Fl~rida Department of Community A_ffairs-FEMA. The amounts received were 50% above our projections due to dne contract hamg not been received until February 2000. Therefore, we are recommending an increase of $25,084 to G'rants-FEMA. This w/Il be offset by a decrease of $25,084 to Appropriations from Disaster Emergency Reserve. The remaining mount appropriated from the Disaster Emergency Reserve reflects the City's 12i5% of the costs associated with Hurricane Irene and Floyd. Also, a Florida Urban & Forestry Graut reimbursed the City $548 for a grant which closed in the current fiscal year. These feuds were spent two years ago on trees at the Barber Street Sports Complex. Therefore, we are recommending an increase in this grant line item by $548. 4 GENERAL GOVERNMENT KEVENUE: During the first six months the City has received 52% of the budgeted revenues in this group. This is $1.9% down from the previous year of 79% received during the same period. In addition, Cemetery lot sales which made up the bulk of the prior year budget has been less this year at 59.9% of budget as compared to a year ago when it was 138% of budget received. We feel, based upon prior experience that the budgeted amounts will be realized, however, staffwill continue to monitor this group closely. FINES AND FORFEITURES: During the fn'st six months, 64.8% of revenue had been collected or received as compared to 56% in the prior year. This reflects an increase in traffic citation revenue from 34.3% of budget in the previous year to 66.8% in the current year. MISCELLANEOUS REVENUES: During the first six months the City has'received 110.2% of the miscellaneous revenues budget. We have received additional Insurance Proceeds from various claims filed to include the theft at the PD and recommend increasing this budget by $12,500, accordingly. Various reimbursements made to the City and not associated with any single account have increased substantially (mostly to do with refunds of expenditures in the prior year as well as equipment costs charged to projects and the enterprise funds). To date, we have received $6,266 and recommend increasing the budget by $6,575 to $9,075. OTHER REVENLYE SOURCES: Pursuant to a request from the Pohce Department to increase funding for education from the Law Enforcement Education Trust Fund which is funded by 2'~l Dollar funds, we recommend increasing the Interfimd Transfer from $500 to $2,000. The balance in the account is $5,041. Also, the funds associated with the FEMA funding is recommended to be deducted from the appropriation from emergency reserve and set the amount at the City's 12.5% funding requirement including carry over costs from the prior year. The following changes are a summary of the analysis above and are the net recommended changes tothe revenue account: Taxes Licenses and Permits Intergovernmental ':Charges for Services Fines and Forfeits Miscellaneous Revenues Interfimd Transfers Non-Revenue Sources 4,265,503 (92,000) 4,17~850 413,400 38,700 452,100 1,486,943 25,633 1,512,576 55,755 0 55,755 113,200 0 113,200 247,990 21,375 269,334 9,200 1,500 10,700 536, 510,979 NET RECOMMENDED DECREASE TO THE GENERAL FUND REVENUES $29,877. ANALYSIS OF GENERAL FUND EXPENDITURES Most departmental percentages were at or below the 50% level for the six months ended March 31, 2000. Some of the higher percentages are due to encumbrances outstanding, i.e. blanket purchase orders against the budget. In addition, there are additional funding requests included by department. EXPENDITURES: PERSONAL SERVICES OPERATING EXI~ENDITURES CAPITAL OUTLAY 14 !10 2,910 17,12_0. 6,~00 0 6,300 2,~6~- 2,489 5,349 Personal Services'- $2,910 represents the referendum authorized change to the City Charter increasing the Council Members salaries and an increase in fringe benefits(Social security/medicare). Capital Outlay- Recommended increase for the additional cOsts associated with the purchase of lapel microphones for the City Council. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY 17C 39 0 170,239 12 124 12,600 1,200 0' 1,200 Operating Expenditures -lmcreases recommended for the Civg Manager's cellular phone.charges at an estimated $124 per year. PERSONAL SERVICES OPERATING EX?END1TURES CAPITAL OUTLAY OTHER 203. 186 0' 203,786 56,031 0 56,031 2,0,00 o 2,000 0 4,430. ere are no chauges recommended at this time. 6 PERSONAL SERVICES OPERATING EXPENDITUP, ES CAPITAL OUTLAY 83,639 0 83,639 20,280 0 20,280 0 0 0 There are no changes recommended at fi'ds time. pERSoNAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY 214,221 0 214,221 57,054_ 4,682 61,736 1,742 0 1,742 Operating Expenditures -Increase associated with increase in audit fees of $3,482 for preparation of Comprehensive Annual Financial l{eport as opposed to General Purpose Financial Statements as repast years and postage increase of $1,200 for bill remittances offset against non-departmental. PERSONAL SERViCES OPERATING EXPENDITURES CAPITAL OUTLAY 121,254 0 121,254 40,965 200 41,16~ 6,273 0 6,273 Operating Expenditures - Increase due to additional postage costs for mailings to prospective employees and for hiring notices and is offset against non-departmental postage. 7 PERSONAL SERVICES OPERATING BXPENDITURBS CAPITAL OUTLAY 278,5~8 0 278,558 63,158 7,937 71,095 10,882 1,403 12,285 Operating Expenditures -Increase is due to funding of related costs associated with implementation of the Alarm Ordinance of $6,357 which is expected to be offset by!$3,500 in alarm permit fees as well as contingency funds, consolidation of postage costs from other divisions, $200 postage offset against nm-departmental, and appropriating funds for building repairs associated with leaking faucets. Capital Outlay - Increase is due to costs of networking the Annex to the PD for interface of the Alarm officer to the Police Departments Record section. [ PERSONAL SERVICES OPERATING EXPBND1TIJ-KES CAPITAL OUTLAY 99,503 8,240 107,743 3,690 0 3,690 Operating Expenditures -Net increase associated with an mm-ease in education of $1,000 offset by funding from the Law Enforcement Education Trust Fund, decrease of $60 in postage consolidated with the Administration Division, and and increase of $7,300 in Repairs and Maintenance - Vehicles which is being funded by decreases in other d/visions. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY 281,820 0 281,820 56,697 (5,120~ 51,487 17,0D0 0 17,0o0 Operating Expenditures -Net decrease associated with $120 [Postage consolidation in the Administration Division, a $5,500 over budget in Gas & Oil redesignated to patrol Vehicle Maintenance and a $500 increase in education funded by the Law Enforcement Education Trust l~und. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY 266,165 (3,000) 263,165 37,610 (1,800) 35,810 3,700 0 3,700 Personal Services - Decrease includes $3000 budget savings used to offset refund of stolen funds. Operating Expenditures- Decrease in ANI/ALI Transfers for funding of underbudgeted Repairs & Maintenance - Vehicles in the Patrol Division. PERSONAL SBRVICES OPERATING EXPENDITURES CAPrrAL OUTLAY 160,521 '0 160,521 14,530 1,559 16,089 2,810 0 2,810 Operating Expenditures - Increase includes costs associated with underbudgeted Travel & Per Diem of $200, Sign Shop Telephone costs of $749, Repairs & Maintenance - Vehicles orS110 and an increase in Departmental Supplies of $500 tn pickup costs associated w/th Traffic Technician. PERSONAL SERViCES OPERATING BXPBNDITUR_ES CAPITAL OUTLAY 715,845 (3000) 712,845 268,078 1,005 269,083 13,900 0 13,900 Personal Services - Increase in Project Personal Services Transfers is recommended to be increased by au additional $3,000 (this is a negative mount) due to increased projects performed by the Public Works Crews on Capital Projects. Operating Expenditures - Net increase results from funding Rents & Leases for payments to the Golf Course for the dirt and concrete storage area lease, increase in postage offset against non-departmental and Pager Leases tmderbudgeted by $150. 9 PERSONAL SERVICES 'OPERATING EXPBNDITURBS CAPrrAL OUTLAY 121,061 6,700 0 121,061 0 24,915 0 6,700 There are no changes recommended at this time. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY 12.3,9p2 54,257 ,000 0 123,902 0 54,257 1,000 Personal Services - Net change of $0 results from an increase of $500 in overtime offset by an increase in Project Personal Service Transfers of the same amount. PERSONAL SERVICES O? RATIN6 XPE DrrUPms CAPITAL OUTLAY 297,2 0 297,279 104,468 1,415 105,82~ 69,1~3 0 69,143 Operating Expenditures -Increase results from picking up c~sts associated with the phone services of $1,355 at various recreational facilities as well as the U.S. 1 medians a ad underbudgeted Pager Lease costs of $60. 10 PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY 75,390 0 75,390 11,480 0 11,480 8,700 0 8,700 There are no changes recommended at this time PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY 210,946 210,946 33~85 8,003 41,188 17,323 0 17,323 Operating Expenditures - InCrease is due to an unexpected charge of $7,920 from the Land Development Code Consultants associated with the contract, however, it was not included in the original budget nor encumbered by Purchase Order and an increase in telephone costs of $83 for a fax machine previous charged to non-departmental. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY 231,426 0 231,426 22,400 508 22,908 21,900 2,394 24,294 Operating Expenditures - InCrease results from an allocation of telephone charges of $208 previously picked up by Growth Management and a recommended postage increase of $300 offset against non-departmental. Capital Outlay - In'crease associated with costs of installing a rug in the Building/Growth Management Building. The old rug was becoming a hazard to citizens as well as personnel 11 OPERATING EXPENDITURES IN ERFUND 'TRANSFERS CONTINGENCY 355,1~2 376,805 786,950 786,520 180,1~54 99,275 I 21,493 (430) (80,889) Operating Expenditures - Net increase results from a recommended increase of $6,400 in Electricity charges due to underbudgeting, decrease in postage of $2,200 allocated to individual departments, increase in Printing and Binding of $1,000 .for the newsletter insert for the Charter Amendments. In addition, a recommended increase of $13,000 for non-litigation settlements for the remm of funds to an heiress that was stolen from the PD evidence room (offset by insurance and budget savings in PD Communications)and an increase in Membership Fees of $78. 'i Interfund Transfers - Decrease results from audit fee allocation of $617 which was lower than anticipated due to decrease in expenditures from the CDBG fund. ~ Contingency - The decrease is the net result of the various budget increases/decreases in both revenue and expenditures in the General Fund. ~ Following is a summary of the General fund Departments and Divisions explained above: ACCOUNT BUDGET CHANGES BUDGET GENERAL FUND OPERATING EXPENDITURES i AND CAPITAL OUTLAY BY DMSION: LEGISLATIVE 23,370 5399 28.769 CITY MANAGER 183.915 124 184.039 CITY CLERK 266.247 0 266.247 LEGAL 103,919 0 103,919 FINANCE 273.017 4.682 277.699 HUMAN RESOURCES 167,392 200 167,592 POLICE DEPARTMg, NT: ADMINISTRATIVE 352,598 9,340 361.938 PATROL D1W3[SION 1.161,686 8.240 1.169.926 DETIIgCTIV'g DIVISION 355.427 (5.120~ 350.307 COMMUNICATIONS 307.475 (4.800~ 302,675 ENGINEERING 177.861 1.559 179.420 PUBLIC WORKS: ROADS & D1LMNAGE 997.823 (1.995~ 995.828 GARAGE PERSONNEL 152.676 0 152.676 BUILDING MAINTENAN( :E 179,159 0 179.159 PARKS & RECREATION 470.830 1.415 472,245 CEMETERY 95.570 0 95.570 GROWTH MANAGEMENT : 261.454 8,003 269.457 BUILDING DEPARTMENT 275.726 2.902 278.628 NON-DEPARTMENTAL 1.322.226 (59.826~ 1.262.400 TOTAL OPF. J1AIlNG EXPENDITURES AND CAPITAL OUTLAY BY DEPARTMENT/DM$IONi 7t_128,371 (29,877) 7,098,494 T RECOMMENDED DECREASE TO THE GENERAL FUND F_,X~ENDiTUILES $29,877. ANALYSIS OF CAPITAL PROJECTS Capital projects are proceeding as expected. The following projects are proposed to be added to the Capital Projects funds. These projects are either projects previously approved by Council or interim program changes authorized by the City Manager in accordance with the Budget Ordinance. Tide Amount Riverview Park Sidewalk Widening $ 7,100 Funding Source Comments OF/DST Donations from Lion's Club make up the bulk of the project ~ $5,278, with Budget Savings funding $1,822. Police Department Interior Painting $ 7,800 Budget Svgs Council Approved Proj eot via Bid, funded by Budget Savings in CIP Fund. NET RECOMMENDED iNCREASE TO CAPITAL PROJECTS IS $14,900. ~ev~ue S: A~AL¥SIS OF CDBG SPECIAL REVENUE F~ CDBG Grant' 0 0 0 Interfund Transfer 1,047 617 Interfund Transfers In - Decrease is due to Audit Fees were less than anticipated due to decrease in expenditures associated with audit. Funded by General Fund. Expenditures: OPEKATING EXPBNDITURBS 1,047 (430) 617 Operating Expenditures - Decrease results from decrease in audit fees due to decrease in expenditures associated with audit. ANALYSIS OF LOCAL OPTION GAS ~AX SPECIAL REVENUE FUND Local Option Gas Tax ,Other Revenue 453,52 0 453,528 6,80 4,200 11,000 Other Revenue - Increase of $3,000 in interest income due toi higher than calculated interest from investments md insurance proceeds of $1,200 from damaged light pole on Indian River Drive. Expenditures: , OPEI:UkTING EXPENDITURES DEBT SERVICE INTE~ TRANSFERS UNAPPROP~ATED 149;5~0 6,200 155,700 300,000 0 300,000 4,0'28 O' .4,028 6,800 (2,000) 4,800 Operating Expenditures-Recommended increase of $4,000.to cover unanticipated costs ass°ciated with signs that blew down during the Hurricane. Costs of $1,800 have been recovered via FEMA, however, replacement speed limit signs has increased costs. In addition, cost of lig'_at pole replacement of $2,200 partially funded by insurance proceeds: Unappropriated - difference between increase in interest and insurance proceeds and ftmding of signalization supplies and replacement of light pole. ANALYSIS OF DISCRETIONARY SALES TAX SPECIAL REVENUE FUND Discretionary Sales Tax Other Revenue ,680,7 0_ 0 ,680,780 25,8, 6,200 32,000 14 Other Revenue - Increase of $6,200 in interest income due to higher than calculated interest bom investments. Expenditures: CAPITAL OUTLAY, INTERFLRWD TRANSFERS UNAPPROPRIATED 246,711 0 246,711 1,434,069 0 ~ 1,434,069 25,800 6,200 32,000 Unappropriated- Increase from additional interest anticipated to be earned over next six months. ANALYSIS OF DEBT SERVICE FUND Revenues: 43,563 65,000 108,563 63,000 78,000 Special Assessments - Increase recommended for interest earnings $3,000, Special Assessments Interest $25,000, Special Assessment Penalties for defaulted assessments $35,000, and increase in assessments of $65,000 to increase account for defaulted assessments. Expenditures: OPERATING EXPENDITUKES DEBT SERVICE UNAPPROPRIATED 150 156 306 58,413 5,983 64,396 0 121,861 121,861 Operating Expenditures - Establish budget for postage of $156, increase in debt service of $5,983 to original scheduled mount, and establish unappropriated budget for additional revenues from defaulted assessments. 15 ~.ever~ue: ANALYSIS OF GOLF!COURSE FUND Greens Fees 405,000 0 405,000 Cart R~tals 630,00,0 0 630,000 Driving Range _ 40,0,00 0 40,000 _Membership Fees 135,00,0 0 135,000 Other Fees ,md Sales 69,550 2,835 72,385 96,85,3 94,078 Other Fees and Sales - Increase due to Resident Card Fees i ' exceeded budget for the year by $2,080, Locker Rentals, Rents and Royalties (for mounts due for .ge facility) and Scrap Sales has increased by $917 and are recommended to be increased. Non-Operating Revenue - Offset of the revenue increase against appropriation of prior year retained earnings except for $60 which is funding small increases in operating expenses. PERSONAL SERVICES OPERATING EXPENDITURES DEBT SERVICE INTRAFUND TRANSFERS CONTINGENCY 156,490 0 156,490 257,581 45 257,626 206,980 0 206,980 9,520 0 9~520 4,161 0 4,161 Operating Expenditures -Increase results from $45 in additional costs for the FY 98/99 audit fees allocation. OPERATING EXPENDITURES CAPiTAL OUTLAY INT~ TRANSFERS 526,217 0 526,217 40,~81 0 40,181 100,~00 0 100,200 There arc no recommended changes at this time. 16 PERSONAL SERVICES · OPBRATING EXPEND1TURBS CAPITAL OUTLAY 29,398 15 29,413 44,225 0 44,225 8OO 0 800 Personal Services - Increase is associated with the costs incurred as a result of RAP charges for Permanent Part- Time employees ANALYSIS OF AIRPORT FUND I;~.evenue$: Rents & Royalties Other Miscellaneous Revenue Revenue 87,600, 0 87,600 3,500 0 3,500 39,780 29,807 Non-Operating Revenue - Recommended decrease of $9,973 due to change in funding for Airport Projects such as master plan and new radio equipment as well as funding increase in W/C insurance rates and audit fee allocation increase. PERSONAL SERVICES 17,923 OPERATING EXPENDITUKES 30~95 CAPITAL OUTLAY 0 INTRAFUND TRANS~RS 80,000, CONTINGENCY 2,262 1,500 19,423 27 30,722 0 0 (11,500) 68,500 0 2,262 Personal Services -Increase is a result of higher W/C rates from prior years. Operating Expenditures - Net increase is a result of higher audit fee allocation for increase in expenditures. hWafimd Transfers- Decrease due to funding changes m Master Plan and New Radio System. ~ 17 .ANALYSIS OF MAJOR EQUIPMENT REPLACEMENT FUND Revenues: Interfund Transfers 140,00~ 0 140,000. Other Revenue 4,000 1,000 5,000 Other Revenue - Increase recommended in Interest Income o5 $1,000 due to higher than anticipated rates of return. Expenditures: CAPITAL OUTLAY UNAPPROPRIATED 90,000 90,000 54,000 1,000 55,000 Unappropriated - rates of remm. Income of $1,000 due to higher than anticipated 18 I I GENERAL FUND GE~I~tL~L FUND ~REVENUl~ I Quarter Year Current REVISED Des. gciptioll To Date ~ t~ncumbran~ BI.~I)GET % I TAXES (615,043) (2,605,940) (4,265,850) 61.1% LICENSES & PERM.S (113,729) (276,370) (413,400) 66.9% I I~I~RGVT'L REVENUE (449,380) (682,606) (1,486,943) 45.9% CHARGES FOR SERVICE (19,004) (30,276) (55,755) 54.3% FXN~S ~ FO~-~ITS (38,041) (69,816) (113,200) 6].7% i MISC. REVENUE (71,005) (137,137) (247,959) 55.3% OTHER P,.EVENTIE SOURCE (8,176) (8,301) (545,264) 1.5% TOTAL REVENUES (1,314,379) (3,810,447) ~ , (7,128,371) 53.45% I GENERAL-FU2~ EXPENDITURES I ~JTY COU~CrL Quarter Year Current REVISED i Desc. ril)fion To Date To Date Encumbrance BUDGET PERSONAL SERVICES 3,229 6,459 0 14,210 45.5% O?ER. ATING EXPENSES 146 536 0 6,300 8.5% I OUTLAY 0 0 5,349 2,860 187.0% CAPITAL TOTAL LEGISLATIVE 3~375 6,995 5,349 ~ 23,370 52.82% i CITY MANAGER EXpENDITURES I Quarter Year Current REVISED D_~:r~g~ion To Date To Date l~ncumbranc~ I~UDC.~F I PERSONAL SERVICES 37,865 80,771 0 170,239 47.4% OPERATING EXPENSES 4,520 6,697 0 12,476 53.7% CAPITAL OUTLAY 0 0 0 lz200 0.0% I TOTAL CITY MANAGER , 42'384 87,467 0 183,915 47.56% L~ITY MANAGER ACCOMPLISI:[MENTS I >Secured nearly $800,000 in Federal, State County grants appropriations to ¢iWwide and assist financing of various projects and programs. >Acquired former Good Guys, inc, property for future recreational opportuaities along the riverfrom I >Secured approval to enter into an agreemen, with Bell South Mobility ~o locate a permanent telecommunications tower on public property, to provide additional annual revenue to the City. >Secured commim~ent fxom Florida Department of Transportation (FDOT) to enhance United States I Highway One (IISi); program to begin Fiscal Year 2001. . >Realized savings via participation in the State of Florida purchasing cooperative. >Reduced cost through comprehensive procurement of equipment, materials and services. I>Implemented employment of on-line purchasing system with Office Depot. >initiated Sebastian's Pelican Brief, the first ever quarterly community newsletter. >Reorganized Code Enforcement Division to ensure better accountability and reporting of violations Iand adminislration of penalties. crrY CLERK Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY DEBT SERVICE TOTAL CITY CLERK Quarter Year Current REVISED To Date TALD. aR Ellgumbrance ]~L]I)GET % 46,617 99,025 0 203,786 48.6% 8,995 ~0,218 0 56,031 36.1% · 0 ~ 0 0 2,000 0.0% 1,088 1~178 0 4,430 49.2% fl62700 1~1,421 0 266,247 45.60% ACCOMPI, NTs >Upgrade of computer software to enable conununication with Cit~ server for access to interact and City-wide E-mail >Upgrade of computer system to eliminate stand alone PC which Was used for the City websit¢~ the website was moved to the network for ease and speed of daily upgrades ~ >Assistance with the City Manager's office to tie thc Executive AsSistant into Munimelrix - she can now access our system for legislative history back to 1985 i >Began process orE-mailing all adopted ordinances to Municipal Code Corporation for codification >Updated and redistributed procedures manual and board handbook Quarter Y~ar Current REVISED Description To Date T. aJ~ Encumbrance BUDGET % . 18,348 9,472 0 83,639 47.2% 448 ~ 1,551 0 20,280 7.6% 0 [ 0 0 0.0% 18,796_. ~1~3 0 103,919_~ 39.48%, PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL LEGAL LEGAI~ACCOMPLISH >Oversaw litigation £or the City >Assisted in negotiating and preparing leases at Airport >Property Acquisitions - Goods Guys Property >Reconstructed Personnel Procedures Ordinance >Nuisance Ordinance addition and amendment >Assisted with zoning text amendments and land development code amendment~ Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL FINANCE Quarter 43,717 33,900 0 77,617 FINANCE ACCO..M~LIS] Year I02,452 39,560 1~042 43,054 ~TS >Completed Investment Policy >Completed Travel Pohcy >First time CAFR from General Purpose Financial Statements in >Cash management contract with SunTrust Bank riot years Current Encumbrance REVISED tlIjDGET % 0 214,221 47.8% 1,843 57,054 72.6% 0 1,742 59.8% 1,843 ]273,017 53.07% PERSONAL SERVICES OPERATING EXPENSES CAPITAL oITrLAY HUMAN RESOURCE RESOURCES Quarter Year Current REVISED To Date To Date Encumbrance BJ~GET % 22,585 41,891 0 120,154 34.9% 7,467 13,868 0 40,965 33.9% 0 0 0 6,273 0.0% 30,051 55,758 0 167,392 33.31% HUMAN RE SOURCE~_ACC OMPLiSHIY~,~ >Seven new employees have been hired since October 1, 1999 >Coordinated and helped administer 2 donor drive of the Indian River Blood Bank >Sponsored and hosted 2 employee reoognition cookouts >Administered entry level Polioe Officer Entrance Exam >Settled pension re-opener issue regarding CWA contract >Revision of Sexual and Other Harassment Policy to comply with current law >Established Employee Recognition Program to include longevity service >Coordinated and hosted employee awards banquet held at Captain Hiram's >Expanded Human Resource by one new employee overseeing Workers Compensation and Safety Coordination >Implemented background investigations process on all new hires and current employee driving record search >Scheduled 2 ]SAP Training classes conducted by Dr. Bradman of UniPsyche >Developed and implemented Workers' Compensation Policy >Revamped, overhauled and established a new filing system of persounel records by combining records in one central location. This allows the retrieval of requested information without obtaining non-essential or confidential information >Met with State Safety Inspector and viewed various areas of City property. We are in compliance with State requirements. >Policy and Procedures Manual is 55% complete (5 chapters) >Reviewed and Updated 24 job descriptions >Completed 7 memos of understanding changing language in both the PEA and CWA contracts. >Implemented Hepatitis A & B inoculations for Public Works employees and City Police Off~cers. >Coordinated United Way Fund Raiser for the City, which was the highest earning in City history. >Rearranged office area and had new work station built for new. employee. POLiCE. AOMTNIS~ON Quarter D.~scription To Date Year Current REVISED To Date Encumbrs.~ce BUDGET PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL POLICE ADMIN 61,026 135,212 0 278,558 48.5% 8,824 17,035 969 63,158 28.5% 12t285. 12,285 10,882 112.9% 82,135 164~532 969 352,598 46.94% POLICE ADMII~$TRATION.A.C C034PLISHMENTS >State accreditation process has begun - In preparation for this major organizational undertaking, four department members, Lt. Reardin from Administration Div., Sgt Lockhart from Uniform Div., Sgt Morris form Detective Div., and Lynn Bombriant from Dispatch all attended a two day, 16 hour Accreditation Orientation course in Orlando. > 36 hours of training attended by Police Chief and Asst. Police Chief, Dave Puscher >Seven new PC Work Stations installed en the new LAN - These units were distributed through-out the department, including Actm~,istrafien, Records, Dispatch, Detective Div. and the Uniform Div. This brings the total work stations on the departments LAN to 18. The LAN, new Records Management Software and most of the PC workstations were obtained last year under a Federal COPS-MORE grant. POLICE PATRDL Description Quarter Year current REVISED To Date To Date Encumbrancg BUDGET % PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL POLICE PATROL 224,164 5:11,866 0 1,058,493 48.4% 24,771 45,712 4,619 99,503 50.6% 829 i 2.,000 1,690 3,690 100.0% ,2fl9~,764 5~9~578 ~ 6~309 1,161,686 48.71% UNIFORM DIN'ISION ACCO~PLISlt3~[*I'S >1,164 hours of trairdag completed >6 new fully eq~pped Ford Crown Victoria patrol cars ordered. These are replacement vehicles and all will be marked units. >2 new PC work stations installed. Pan of those explained in Administration, above. >SRO posifon re-filled. Arrangements were fmatized to have Officer Bill Jursik become a part ~ae School Resource Officer for both of the elementary schools in Sebastian. This program began in January when school reopened after Christmas break. > Assumed all of the alarm permitting and enforcement functions r~quired by the alarm control ordinance Quarter Descrip~pn To Date PERSONAL.SERVICES OPERATI2qG EXPENSES CAPITAL OUTLAY TOTAL POLICE iNV. POLICE ~yESTIGA ~ Y ar 62,376 40,552 0 281,820 49.9% 10,926 21,865 1,816 56,607 41.8% 2,231 ,5,744 0 17,000 33.8% 75,533 168,161 . 1,816 355,427 47.82% DETECTIVE 9MSIObJ ACCO~rPLISffMENT_S >One new Ford Taurus purchased. This unmarked unit is a r~lac~.m, ent. >2 new PC work stations installed. Part of those explained in Adm/nisWation, above. >516 hours of training completed Current REVISED ]~ncumbral}¢.~ BUDGET ]~OLICE COMMUNIC&TIONS Quarter Year Current Description To Date ~ ]~lggmbraRf~ 08,577 ~ 12,311 , 3,041 123,928 DISPAICIt DMSION ACCOMP. LISttMENT$ PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL COlVIIViUNICATIONS 44,624 5,105 0 49,729. REVISED BUDGEI >Portable radio for Dispatch supervisor ordered and received [ >Instant replay recorder being evaluated ' >1 new PC work station installed. Part of those explained ia A~minlstration, above. >Three dispatchers attended 32 hours of training. 0 266,165 40.8% 709 37,610 34.6% 0 3,700 82.2% 709 307,475 40.54% PERSONAL SERVICES OPEKA~G EXPENSBS CAPiTAL OUTLAY TOTAL ENGINEERING Quarter Year Current 33,906 79,268 0 5,594 9,843 297 0 2,808 0 39,500 91,919 297 REVISED BUDGET 160,521 14,530 2,810 177,861 ENGINEERING_ACCOMPLISHMENTS Projects Completed >Mare Street Boat Ramp Replacement >Main SWeet Pier and Finger Pier Reconstruction >Barber Street Sports Complex Improvements >Yacht Club Boat Ramp Replacement >Yacht Club Pier Repairs >Schumann Drive Drainage Improvements >Bridge Repairs - Periwinkle, Englar, Fleming, Lake >Elkcam Dam Replacement >27 lane miles of roads repaved in 1st phase of Repaying and Recommmtion Descriptiol~ PERSONAL SBRVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL ROADS & DRAINAGE Current REVISED 49.4% 69.8% 99.9% 51.85% ROADS & DP-,AIIq~GE Quarter Year To Date To Date Encumbrance BUDGET % 152,475 342,547 0 715,845 47.9% 78,377 142,276 40,747 268,078 68.3% 0 4~085 0 13,900 29.4% 230,852 488,908 40,747 997,823 53.08% \ f ROADS & DRAINAGE ACCOMPLISHMENT3 >Secured permits from FDOT to install new welcome signs citywide. >Widened the sidewalk at Riverview Park (1,910 feet of concrete work). >Built frames and installed new City of Sebastian Welcome Signs >Worked on Public Works Compound improvements. >Completed 11,325 linear feet of swale work. >Completed 9 side yard installations for a total of 2,003 linear feet >Replaced 240 feet of road crossing pipes >Supervised 83,886 linear feet of swale work performed by CEM Contractors >Supervised 11 road crossing culvert replacements by M.D. Utilities >Processed 229 work orders CI~T~ ~ARtGF, Doseripti011 Quarter year Current To Date Zo_D.a~ l~neurabrznce PBRSONAL SERVICES OPBRATING EXPENSES CAPITAL OUTLAY TOTAL GARAGE 25,819 56,513 0 4,274 8,939 450 0 ~ 0 0 30,093 ~5~,~452 450 G~RAG~ ACCOMpLXS~NTS >Processed 930 work orders with 59 work orders outstancling encompassing 1,926 man hours REVISED I~UDGI~T 121,061 24,915 6,700 152,676 15uR,DING ~NANCE Quarter Year Deseripfioll ~ To Date Current REVISED ]~ncilmbrance t~UDGET PERSONAL SERVICES 26,143 57,212 OPBP~TI~G EXPENSES 10,087 20,713 CAPITAL OUTLAY 0 0 TOTAL BLDG MAINT 36,229 ~77,924 BUILDrNG MArNTENANCE ACCOMPLISHMENTS >Processed 42 work orders for maintenance to various depa.~anentS and buildings 46.7% 37.7% 0.0% 43.16% 0 123,902 46.2% 0 54,257 38.2% 0 1,000 0.0% 0 179,159 43.49% PARKS/~EC_~EA~ON Quarter ~ Current Dese~pfion ~ ]~n~u0~brance 65,007 1~3,079 0 36,055 152,746 5,985 20,839 i21,771 39,654 121,901 2~17,596 45,638 PARKSf~ECI~EATION ACCO~ PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL PARKSfRBC ~LISI:EVIENTS REVISED 297,279 104,408 69,142 470,829 >Rearranged crews to increase productivity >Planted new landscape materials to beautify US 1 medians >Crrew in a new football field and soccer practice field >Installed 2 new basketball courts >Renovated all purpose field >Built new betting cages >Upgraded irrigation system at Barber Street Sports Complex >Planted new trees for Arbor Day at Hardee Park >Installed new landscaping in Courtyard between the Building Dept and Public Works offices >Installed new swings, hangers, chain and seats at Creative Playground and playground at Riverview Park >Installed new backstop boards m Barber S~reet Sports Complex 48.1% 56.3% 88.8% 55.91% I I I I I I I I i Descrt0tio_~ PERSONAL SERVICBS OPBRATING EXPENSES CAPITAL OUTLAY TOTAL CBMBTBRY Quarter Year Current REVISED To Date Encumbrance BUD. G]~F % 16,529 36,230 0 75,390 48.1% 3,111 6,137 0 11,480 53.5% 0 8~051 0 8,700 92.5% 19,640 50,418 0 95,570 52.75% Desertion PBRSONAL SEllVICBS OPERATING EXPBNSBS CAPITAL OUTLAY TOTAL GROWTH MGMT GROWTN 1VIANAGEM'ENT Quarter Year current REVISED To Date To Date Encumbrance BUDGET % 46,987 101,932 0 210,946 48.3% 17,085 19,798 0 33,185 59.7% 12~280 12,913 660 17,323 78.4% 76,352 134,643 660 261,454 51.75% GROW'$'H MANAGEMENT ACCOMpLISHMENTS >Secured annexation of commercial property (south Sebastian, west of US 1). >Secured commitment for commercial development by Boos Development, Inc. whereby Publix Supermarket will be the primary anchor. >Wrote a revised draf~ of the Sebastian Land Development Code incorporating adopted ordinances and suggestions from citizens and staff. >Proposed Land Development Code was presented to and reviewed by the Local Planning Agency at a series of 17 meetings, with changes made as directed. >Proposed Laud Development Code was presented to and reviewed by City Council and 2 workshop meetings, with changes made as directed. >Reviewed and analyzed 8 commercial site plans, including presentation to the Planning and Zoning Commission for approval. >Reviewed and analyzed 3 subdivisions, including preliminary plat presentation to the Planning and Zoning Commission and City Council for approval. >Reviewed 44 home occupation license applications, with presentation to the Planning and Zoning Commission for approval. >Keviewed 11 accessory structures requiring Planning and Zoning Commission approval. >Keviewed and analyzed 9 model home permits, including presentation to the Planning and Zoning Commission for approval. >Reviewed and processed 3 text amendments to the Sebastian Comprehensive Plan, including presentation to the Planning and Zoning Commission and City Council. >Reviewed and processed 2 changes to the Comprehensive Land Use Map, and the Sebastian Zoning Map, including presentation to the Planning and Zoning Commission and City Council for approval. >Updated the Sebastian Zoning Map and presented to the Planning and Zoning Commission and City Council for approval. >Implemented street address changes at 18 locations, and coordinated such changes with the Post Office and Emergency Management. >Updated the list of scrub habitat lots in the City of Sebastian utilizing information from U.S. Fish and Wildlife Service. >Reviewed 15 sign applications for zoning compliance. >Recertification of the Community Rating System (CKS) for flood insurance rate purposes. >Completed Census Boundary and Annexation Survey for Bureau of Census. GROWT~ MANAGEMF~NT. ACCOM ~LISI:IMENT~.(C01~0 >Reviewed and processed 6 temporary use permits. >Analyzed and presented $ variance requests to the Board of Adjustment. >Administered review and approval of 1 division of a single lot. >Processed and reviewed 3 vacation of easements. >Reviewed zoning compliance for approximately 25 occupational '_icenses. >Prepared preliminary survey work and site plan detail for 2 airport leases. >Provided staff support for Anniversary Committee, Board of Adjustment~ Code Enforcement Board, Construction Board, Tree Advisory Board, Local Planning Agency and Zoning Commission. >Overhauled current property filing system in an effort to enhance Irecord retrieval capabilities. >Implemented new code enforcement tracking/database software program to enhance Code Enforcement operations. >Purchased one new Ford Ranger Pickup for replacement of 1992 Ford ]7150. >Researched and recommended new violation procedures for inclusion in the adopted code enforcement citation and fee structure procedures, >Completed approximately 500 code enforcement invesfigatious with approximately 9?% of all cases resulting in compliance and the remaining requiring code enforcement board >Assisted in implementing code enforcement reorganization, wher Department. Description :tion. ~by code enforcement was reassigned to the Police BUILD1NGDEPART 4~ENT · Quarter Year Current REVISED Eneumbrao~C BUDGET PERSONAL SERVICES 51,271 110,822 0 OPERATING EXPENSES 2,447 4,949 0 CAPITAL OUTLAY 17,357 22,313 1,981 TOTAL BLDG DBPT 71,076 i38,085 1,981 BI_~rLDING DEp~RTMENT AccOMPI. JSB31F~NTS >Gathered dam and met with DCA for the National ]?lood Iusuranqe Program Conmaunity Assistauce visit for an audit conducted on March 27, 2000 >Iust/tuted a better lracking system of incoming revenue by the us~ of a cash register. >Customized our receipt forms to match account numbers used in Be cash register. >Purchase of a new so/hvare program to enable us to be more efficient in the handling of permits, inspections, contractor licensing and the nmning of required montlily and annual reports. >Currently we are in the process of customizing portions of the new program to better suit our needs >Purchase o£ 2-way phone radios for the inspectors enabling them to discuss construction problems with the specific contractors without having to use office personne >Created handouts for homeowners to help them do their own ins~ :>Created handouts for homeowners to help homeowners construct PERM. S ISSUED Single Family Residence Building 184 Residential Duplex 6 Mobile Homes 3 Residential Addition 15 Commercial Building 6 Commercial Addition 5 Plumbing Additions 353 Electrical 349 Mechanical 228 . as a go-between. fllation of hookups to County water. hand-built structures. 231,426 47.9% 22,400 22.1% 21,900 110.9% 275,726 50.80% Swimming Pool Shed Roof sip Fence Screen Enclosure Lawn Sprinkler De~nolition Solar Systera Other Total Permits Issued Value of Conmxucfion Permitted Descriptioo PERSONAL SERVICES OPERATING EXPENSES OTHBR SERVICES TOTAL' NON-DEPARTMENTAL TOTAL GENERAL FUND REVENU]J~ TOTAL GENERAL FUND EXPENSE NET REVENUES 91 49 205 21 126 103 4 3 5 145 1,901 24,912,940.54 NO, N-DEPARTMENTAL Quarter Year 22,1 O0 66,160 51,945 137,047 235;258 512,520 (1,314,379) 0,810,447) 1,621,030 3,452,589 306,651 (357,858) Current Encumbranc~ 0 9,272 0 9,272 0 116,041 REVISED BUDGET 118,566 '236,546 967,115 1,3,,2.2,227 (7,128,371) 7,128,371 55.8% 61.9% 53.0% 54.83% 53.5% 50.1% Deserllli|on OTHER REVENIYE SOURCE TOTAL CDBG FUND REVENLrE Description OPERATING EXPENSES TOTAL CDBG FUND EXPENSES Des~tion TAX~S TOTAL REVENUES Description OPERATING EXPENSES CAPITAL OUTLAY DEBT SERVICE OTHER SERVICES TOTAL EXPENDITURES CDBG FUND ctm~; B~V~N~S Quarter Yzar Current Encumbrance (355) 3~55) (617) (6~73 CDBC_~XPE~O~TU~S Quarter 1999/2000 [1,047) (1,047) Year Current 1999/2000 ~ Encumbran. cl~ ~ 0 617 0 0 617 0 LOCAL OPTION 12 ;AS TAX LOGT ~ BgVEI ~ Quarter Year Current Encumbrance (133,224) (209,542) (4,753) 1(8,644) ._(!,37,977) . ~.2~18,186) LOGI FUND EXPENDITUR~S 0 0 0 Quarter Year 42,684 180,438 ~2,200 150,000 i50,000 1,007 12,014 193,691 23~652 Current Encumbrance 3,870 0 0 3,870 1,047 1,047 1999/2000 (453,528) (6,8oo) (460,328) 1999/2000 149,500 0 300,000 1%828 460,328 58.9% 58.93% 58.9% 58.93% 46.2% 127.1% 47.40% % 56.4% 0.0% 50.0% 18.6% 51.82% DISCRETIONARY SALES TAX Description TAXES MISC. REVENUE TOTAL DST FUND REVENLrE D$~r~JND R~VI~NUE Quarter Year Current To Date To Date l~neumbrance (475,770) (736,098) 0 (12,306) (23,471) 0 (488,076)_ (759,569),:. : 0 Description CAPITAL OUTLAY OTHER SERVICES TOTAL DST FUND EXPENDITURES DST_FUND Quarter Year Current T~ D~te To l)ate Encumbrance 27,040 27,040 167,728 358,518 717,035 0 385,558 744,075 167,728 I DEBT SERVICE FUND DEBT SERVICI~ I~gVENUES Quarter Year Current Description To l)~te To Date Engunlb~:~¢ MISC. REVENUE TOTAL DEBT SERVICE REVENUE (138,933) (160,924) 0 (138,933) (160,924) 0 DEiLT.~ERYICE EXPENDITI_~E$ Quarter Year Deseripflo~ To Date To Date OPERATING EXPENSES DEBT SERVICE TOTAL DEBT SERVICE EXP. Current Encumbrance 162 174 0 64,395 64,395 0 64,558 64,570 0 1999/2000 (1,680,780) ¢5,8003 (1,706,580) 1999/2000 (1,680,780) (25,800) 0,7o6,58o) 1999/2000 (58,563.) ($8,~63) 1999/2000 150 58,413 58,563 43.8% 91.0% 44.51% -11.6% -2779.2% -53.43% 274.8% 274.79% 116.2% 110.2% 110.26% I Pescrip!ion INTBROOVB1LNlV~NTAL RBVBNIIB CHARGES FOR SERVICE lVlISC. RBVBNUB OTHBR RBVBNUB SOURCBS TOTAL RBVBNUB GOLF COURSE FUND GOLF COIJ'RSE REVENU~ Quarter Year Current Encumbrap~e (438) (438) (499,202) (870,831) (31,627) (67,883) 0 0 (531,266) . r(~9.~9,151) REVISED BUDGET % 0 (437) 100.1% 0 (1,246,700) 69.9% 0 (102,530) 66.2% (26,736) 0.0% 0 (1,,3_76,403) 68.23% Descrlptiop PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY DEBT SERVICE OTHBR SBRVICBS TOTAL AD~STRATIVB Deseription OPERATINO EXPENSES CAPITAL OUTLAY INTRA FUND TRANS TO PROJECTS TOTAL MAINTENANCE 60LF COURSE EXpEND~$ GOLF COURSE ADMINI~PRATIVI~ Quarter Year 35,929 74,843 67,800 131,158 0 650 48,490 148,490 3,510 [4,760 155,729 2159,901 GOLF COUI~E MAIh~ENANCfg Quarter Y~ar 126,982 ~56,644 15,181 25,050 150,100 15~2,032 321,925 GOLF COUJ~E CAPT. S Current REVISED Encumbrance BUDGET Current Encumbr~n~ 0 156,490 47.8% 0 257,581 50.9% 0 650 100.0% 0 206,980 23.4% 0 13,681 34.8% 0 635,382 40.90% REVISED BUDCd~T 12,864 526,217 51.2% 5,759 40,181 52.1% 0 100,200 50.0% 18,622 666,5,98 51.09% I I I I I i I I I I I I I Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL CARTS TOTAL GOLF COURSE REVENUE TOTAL GOLF COURSE EXPENSES NE'I7 REVENUES Quarter 8,233 21,765 0 29,998 (531,266) 337,759 (193,507) Y~ar i16,868 121,931 0 'I~8,799 (939,151) 120,625 18~26) Current REVISED Encumbrance BiJDGET 0 29,398 57.4% 0 44,225 49.6% 0 800 0.0% 0 74,423 52.13% (1,376,403) 68.2% 18,622 1,376,403 46.4% I I I I I GOLF COURSE ACCOMP~LISHMENTS >The con~ract with One Source Landscape and Golf Sexvices was c~t~nded and maintained >P,.evennes are up over the same period in 1999 >The front nine cart paths are completed, the back nine is currently under construction >We have made consid~able progress in drainage improvements with new culvert construction, fairway drainage and bridges >Tee signs on the front nine are in place >Osmac Irrigation System is in the process o£being purchased >Cart Lease entered into with Club Car, Inc. estimated completion is May 30, 2000 >Chipco choice has been applied to combat mole crickets >Bulk fertilizer scheduled for April 21, 2000 >Flower beds added to clubhouse area for beautification. AIRPORT FUND Deser~ptto~ MISC. REVENUE OTHER REVENUE SOURCE TOTAL AIRPORT REVENUE AIBPORT REVENUE Quarter Year Current REVISED To Date To Date EllC. Ulpbr.~l~e BUDGET (28,307) (54,535) 0 (106,100) 0 0 0 (24,780) (28,307)~ ~, ~(54,535) 0 (130,880) % 51.4% 0.0% 41.67% AIRPORT EXPENDITIIBF<$ ~)escr~tion Quarter Year Current REVISED Encumbrance ])UDGET PEKSONAL SERVICES OPERATING EXPENSES INTRA FUND TRANS TO PROJECTS TOTAL AIRPOKT EXPENDITUKES 963 2,762 0 17,923 8,803 14,157 375 30,695 20,000 40,000 82,262 29,7.66 56,919 375 130,880 15.4% 47.3% 48.6% 43.78% TOTAL AIRPORT REVENLrES TOTAL AIRPORT EXPENSES NET EXPENSES (28,307) (54,535) 0 (130,880) 29,766 56,919 0 130,880 1,459 2,384 41.7% 43.5% AIRPORT 6g2COMPLISHMENTS >Initiated Sebastian Municipal Airport Master Plan and Airport Stormwater Plan updates. >Secured approval to renew leases at Sebastian Municipal Airport; Velocity, ][nc, and Sebastian Aero Services. CITY OF SEBASTIAN CAPITAL PRO~ECTS FUND 310 AS OF MARCH 31, 2000 Projcm Number C9101 C9103 C0101 D~sc~.p~ion Pump House Addition ~ Cemet¢~ In-Car Video Systems City Hall Renovation Budget 6,500.OO 11,685.00 450,000.00 468,185.00 Year E~e~itums 324.49 11,385.00 6,894.92 18,604.41 Prior Year Expenditures 6,175.51 6~175.51 t~l ~k All Years Expenditures 6,5OO.0O 11,385.00 6,894.92 24,779.92 Balance to Complete 0.00 300.00 443,105.08 443,405.08 Complete 100.00% 97.43% 1.53% C1TY OF SEB33TIAN CAPITAL ]MPROVEMEI~ PROJECTS FLrND 320 AS OF MARCH 31.2000 Side Yard Culvert Pipes Elkham Dam P~-im~r Culvert Improvements Road Drainage Improv~n~nt Community Centor lm~onts Yacht Club Ronovation D~'npsey-Voc~]l¢ ]mprovemealt$ Schumarm Dr. Drainag~ lmprov~n,ntn Blossom Drainage Improvommts BSSC G-man Building Improv DPW Compound lmprov~m~t$ Retool Shelters I~ Parks Rivervicw Park Expansion l~build Main Street Pier Hard~ Park Re$~room Improvemonts Stormwam' Manas~ramt Pla~ Updat, Skateboard Park F~nchag at Various Parks Compound .qtorag~ Shag Yaoht Club Finger Piers & Pier Yacht Club Boat Ramp Observation Tcl~.cope. s Emtrance Sigm Rivex~iew Sid~a]k Widening PD Building hmrior Painting Current Prior Balance Year Year All Years to Budget lLxpenditures F. oip~nditums Expenditures }~nmlmbrances Comr:lete 100,000.00 I 1,074.77 20,514.14 31,5118.91 7,273.00 61,138.09 906,200.00 128,437.01 178,548.99 306,986.00 178,256.00 420,958.00 475,616.00 6,727.07 224,9O8.58 231,635.65 119,344.00 124,636.35 1,344,837.00 140,797.97 699,222.70 840,020.67 456,948.00 47,868.33 40,213.00 753.29 1,627.48 2,380.77 37,832.23 30,347.00 761.64 4,124.59 4,886.23 25,460.77 29,554.00 (5,906.47) 28,030.28 22,123.81 7,430.19 462,857.00 115,744.50 264,687.50 380,432.00 82,425.00 198,200.00 0.00 0.00 0.00 198,200.00 195,500.00 168,036.45 11,675.72 179,712.17 4,673.00 11,114.83 95,000.00 43,160.05 25,839.02 68,999.07 2,491.00 23,509.93 2,500.00 1,104.07 0.00 1,104.07 1,395.93 710,000.00 6R3,841.42 5,000.00 688,841.42 21,158.58 150,000.00 102,836.61 1,043.82 103,880.43 46,119.57 5,745.00 380.52 1,118.39 1,498.91 4,246.09 100,000.00 5,000.00 5,000.00 95,000.00 80,000.00 21.00 21.00 79,979.00 7,500.00 0.00 0.00 2,178.00 5,322.00 13,586.00 388.98 388.98 13,197.02 62,000.00 59,458.66 59,458.66 2,541.34 75,000.00 75,000.00 75,000.00 0.00 7,300.00 6,896.89 6,896.89 403.11 23,400.00 7,200.00 7,200.00 16,200.00 0.00 7,100.00 6,500.00 7,800.00 7,800.00 % 38.86% 53.55% 73.79% 96.44% 5.92% 16.10% 74.86% 82.19% 0.00% 94.31% 75 25% 44.16% 97.02% 69.25% 26.09% 5.OO% 0.03% 29.04% 2.86% 95.9O% 100.00% 94.48% 100.00% 5,130,255.00 .......1,_5.~.!_r7!4.~3 1~,46_6,3.,41.21 ~ 3,_018,055.64~ ,_801,6fi3.¢~ , 1L309~.936.36 CITY OF SEBASTIAN TRANSPORTATION CAPITAL PROJECTS FUND 330 AS OF DBCBMBBK 31, 1999 Project N~m~her C7304 C9301 C9302 C0301 C0302 Desg'ripti~n Main Street Drainage System Barber St Bridge Improv All Bridges Median Improvement Program Fleming Street Sidewalk CITY OF SEBASTIAN ROAD PAVING PROJECT FUND FUND 330 AS OF DECEMI~ER 31, 1999 Project C8308 Description Road Paving Project Current Prior Year Year All Years Budget Ex~enflitares Expenditures Expenditures 361665.00 111,083.95 0.00 11,083.95 141,000.00 4,350.01 28,500.00 32,850.01 202,519.00 7(!,603.80 7,936.21 78,540.01 10,000.00 3,887.11 0.00 3,887.11 64,900.00 0.00 455,084.00 8~'924.87 Budget 3,304,855.00 Balance to Complete 25,581.05 108,149.99 123,978.99 6,112.89 64,900.00 36,436.21 126,361.08 J28,722.9~ C~rrent Prior Year Year All Years F. xp~nditures~xpenditures l~enditures 543,364.10 332,066.03 875,430.13 Balance 'to Complete 2,429,424.87 % Complete 30.23% 23.30% 38.78% 38.87% 0.00% % 26.49% I I I CITY OF SEBASTIAN GOLF COURSE PROJECTS - FISCAL ~ 2000 FUND 415 AS OF DECEMBER. 31, 1999 Project ~ Description C9401 Carpetin~ for Clubhouse C9402 Chemical Room C9403 Waste Arem C9404 Tee SigusfHole Locators C9405 Cm't Paths C0401 Pro Shop & Bag Room Carpet C0402 Seal & Asphalt Parkin~ Lot C0403 Irrigation Systmm Up~rade C0404 Floyd Damages - Various C0405 Bag Room Budget 2,500.00 4,000.00 10,000.00 9,000.00 130,000.00 5,000.00 35,200.00 65,000.00 3,520.00 1,000.00 265,220.00 Om-em Prior Year Year All Years ~xpenditures Bx~endimres ~xpenditures 0.00 0.00 250.00 2,082.08 0.00 0.00 466.61 466.61 73,600.02 73,600.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 261.88 261.88 B~l~e to Complete 2,500.00 1,917.92 10,000.00 8,533.39 56,399.98 5,000.00 35,200.00 65,000.00 3,520.00 738.12 74,578.51 76,410.59 188,809.41 % Complete 0.00% 52.05% 0.00% 5.18% 56.62% 0.00% 0.00% 0.00% 0.00% 26.19% CITY OF SEBASTIAN SCIt]gD~E OF INVESTMENTS STATE BOARD OF ADMINISTRATION AS OF MARC1~ 31, 2000 GENERAL FUND LOGT DST DEBT SERVICE cAP PROJECTS CAP IMPROVEMENT TRANSPORTATION GOLF COURSE GOLF'COURSE PROJ AIRPORT AIRPORT PROJECTS CEMETERY TRUST PSETF GETF MERTF Sub-total AIRPORT GOLF COURSE PAVING LOAN TOTAL 52.54% 0.07% 1.27% 0.78% 3.72% 10.30% 3.38% 14.66% 2.33% 1.34% 0.62% 6.36% 0.02% 0.05% 2.55% 100% 100% 100% 100% 2,964,911.37 3,733.65 71,627.87 44,173.53 209,971.74 581,459.14 190,460.50 827,288.13 131,394.09 75,848.28 35,000.00 359,023.78 1,048.31 2,711.69 144,166.16 5,642,818.24 168,376.51 411,317.61 2,721,610.13 8,944,122.49 I I I i City of Sebastian, Florida Subject: Revised Land Development Code Agenda No. /~./~'~ Department Origin: Growth Management Tracy E. Hass ~ ~ Date Submitted: May 18, 2000 For Agenda of: May 24, 2000 Exhibits: Ordinance No. O-00-15 and revised pages from the Land Development Code. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: SUMMARY As you are well aware, the City staff has been performing an extensive review and rewrite of the Land Development Code (LDC) in compliance with the already adopted Comprehensive Plan Updates. The LDC is comprised of 22 Articles, including a new County Road 512 Performance Overlay District. The Planning and Zoning Commission, sitting as the Local Planning Agency, held 'a series of 17 · workshop meetings in order to assist staff in revising the Land Development Code. On Thursday, March 16, 2000, the Planning and Zoning Commission held a public hearing and recommended approval of the rewritten Land Development Code. Subsequently the City Council held two workshop meetings in which certain changes and recommendations were made. In the following pages, you will find the revised pages corresponding to the changes as suggested by the City Council. Additionally, the City Attorney has prepared suggestions concerning the building height limitations and landscaping requirements for single-family homes. It isn't often that we have an opportun/ty to completely restructure .the Land Development Code of the City and we realize this is a great opportunity to greatly improve the LDC. Thank you for your understanding and assistance in participating in the formulation of a document that will go a long way in shaping the City's future. RECOMMENDED ACTION Hold first public hearing and reading of Ordinance No. 0-00-15 and schedule the second public hearing and reading for June 14, 2000. ORDINANCE NO. O-00-15 AN ORDINANCE OF TH[E CITY OF SEBASTIAN, INDL4aN RIVER COUNTY, FLORII)A,i REWRITING CITY CODE CHAPTER 20A, ~ LA_ND DEVELOPMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING' FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHlgREAS, pursuant to Florida Statutes every municipality is required to adopt land development regulations consistent with and in implementation of comprehensive Growth Management Plan updates very five years; and ~ WHEREAS, the City of Sebastian adopted such updates to its Comprehensive Plan in January 1999; and WHEREAS, the City Council has detem development regulations is an opportune time to WHEREAS, the City Council upon due revised Land Development Code and found it fined that the required adoption of such land · evise the City's Land Development Code public hearing has considered the proposed :o be in the best interest of the citizens of Sebastian; NOW, THEREFORE, BE IT ORDAINED BY TH~ CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. the Land Development Code, Exhibit "A" attached hereto. Section 2. CONFLICT. herewith are hereby repealed. Section 3. SEVERABILITY. That Chapter 20A of the Code of Ordinances of the City of Sebastian, is hereby amended, revised and supplanted to read as set firth in All ordinances or parts of ordinances in conflict In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall .not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall fiarther be assumed that the Ci~ Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect following its adoption bythe City Council. ~4'[b (~'~':~ C~" i~/,°J/ The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. 2 The Mayor thereupon declared this Ordinance dUly passed and adopted this day of June, 2000. ATTEST: CITY OF SEBASTIAN, FLORIDA Kathryn M. O'Halloran, MMc/AAE By: Mayor Walter Barnes City Clerk Approved as to form and legality for reliance bythe City of Sebastian only: Rich Stringer, City Attorney NOTICE OF ZONING TEXT AMENDMENT ADOPTION OF REVISED LAND DEVELOPMENT CODE The City of Sebastian, Indian River County, Florida, proposes to adopt the following ordinance: ORDINANCE NO. O-00-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REWRmNG Cn'Y CODE CHAPTER 2DA~ THE LAND DEVELOPMENT.CODE;pROViDiNG FOR CONFLICTS; PROVIDING FOR SEVERAB~UTY; AND PROVIDING FOR AN EFFECTIVE DATE. ' A first public .heating on the ordinance will be held .on Wednesday, May 24, 2000 at 7:00 p.m, Or soon thereafter, in .the City council Chambers, .City Hall, 1225 Main Street, Sebastian~ Florida, with a second public, hearing tentatively scheduled for June 14, 2000. ' ' Following the second public hearing on this Ordinance, the City Council may enact this Ordinance into law. Interested parties may inspect the proposed Ordinance and the full text of the proposed Land Development Code in the Office of the City Clerk at City.Hall and may appear at the hearing and be heard with respect'to the proposed Ordinance. ' Any .person who may wish to appeal any decision which may be made by the City Council at this hearing will need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based. (286.01.05 F.S..) In compliance with the Americans With Disabilities Act (ADA), anyone who needs a special accommodation for.this meeting should contact the Ci,ty's. ADA .Ceordinator at 589-5330 at least 48 hours in advance of the meeting, By: . Kathryn M. O'Halloran, MMC City Clerk Publish: Vero Beach Press Journal · Display - Sebastian.Page. · 'Wednesday, May ~17, 2000 2 column wide x 10" long -' 18 point title ~p. form~Jd~3ad.v.,pd .. Chapter I: General Administration C. Violations and Enforcement Procedures Article H: Administration and Enforcement Reporting Violations. Any person may report a violation of the Land Development Code to the Code Enforcement Division. Such reports shall be maintained in writing stating the causes and basis for the complaint. Complaint investigations may also be based upon field inspections pefforme~i by the Code Enforcement Division or other appropriate City staff. ! Investigation. In conducting investigations of violations, City Code Enforcement Officers shall have the authority, where lawful, to inspect property, obtain the signed statements of prospective witnesses, photograph violations, and do such other gathering of evidence as is necessary for the complete investigation of a Land Development Code violation. Procedure When Violation is Determined. Where it is determined that a probable violation of this code exists, Code Enforcement provisions of Chapter 2, Article VI, Division 2, of the Code of Ordinances sh~ll be applied to remedy the violation. D. , Final Orders and Decisions by an Administrative Official and Appeals Thereto. Pursuant to Section 54-1-2.2A, the intent of the Land[Development Code is that all questions of interpretation, administration and enforcement shall f~rst be presented to the Planning and Growth Management Director. The Planning and Growth Management Director may bring questions of interpretation to the Planning and Zoning Commission and may seek professional consultation as necessary to interpret, implement, administer, and enforce the Comprehensive Plan and Land Development Code. Where an aggrieved party[decides to appeal a decision, includiug a final order, of the Planning and Growth Management Director or other administrative official, the appeal shall be presented to the Board of Adjustment pursuant to Section 54-1-2.5.D(1). However, appeals to the decisions of City staff on Adminisu:ative Site Plans shall be to the Planning and Zoning Commission and shall be filed within 10 days following the City staff decision and shall follow the procedures stated in Section 54-1.2.4.D. 2(f). Similarly, appeals to City staff decisions on subdivisions shall be directed to the City Council and shall be filed within 10 days following the decision and shall follow the procedures stated in Section 54-1-2.4.G. E. Penalties and Other Legal Remedies. The City shall pursue each misdemeanor and any lawful civil action or proceeding as deemed necessary in compliance with Section 1-10 (General Penalty; Continuing Violations) and Section 2-192 (Enforcement Methods) of the Code of Ordinances. SECTION 54-1-2.3: REQUIRED PERMITS A. Building Permits. Within the corporate limits lof the City of Sebastian, no building or other s~ucture shall be erected, demolished, moved, ackled to, or structurally altered without the owner, contractor, builder or authorized agent of the oWner receiving a duly processed building permit therefore, issued by the Building Director. All building permits issued shall be in conformity with the provisions of the fire codes, the building Lodes,. and the Land Development Code. No building permit shall be granted unless the devel0per has submitted all. requisite plans and permits required by the City and other entities having j~trisdiction. No building permit shall be issued until concurrency management program requirements are met. Any required supportive written documentation from other essential public facility and service agencies must be submitted and shall demonstrate that sufficient capacity exists to support the proposed development. Land Development Code Page II-31 ...... 5/18/2000 10:50 AM i City of Sebastian Chapter I: General Administration Article H: Administration and Enforcement Acting a. Review proposed Land Development Code and amendments thereto and make recommendations to the City Council as to the consistency of the proposed Land Development Code and amendments thereto with the adopted Comprehensive Plan or element, or portion thereof, pursuant to Section 163.3174(4)(c), !~S~ as the Planning and Zoning Commission, the Commission shall: Review site plans submitted pursuant to Article XVIII of the Land Development Code; Keep the City Council and general public informed and advised as to the physical development of the City, undertake special studies related to growth management and resource conservation, including but not limited to annexation, land acquisition, community improvement strategies, including but not limited to annual update and revision to the capital improvement program and budget, and other related issues; Review conditional uses (reference Article VI), which may be part of an administrative or major site plan; Review subdivision proposals submitted pursuant to Article XiX Land Development Code, and street dedication and reconfiguration proposals, and make recommendations to the City Council regarding compliance with applicable laws and ordinances; Conduct SUch public hearings as may be required to carry out the functions set forth herein; and f. Review proposals for special use permits and special exceptions per Section 1-3.1 and make recommendations to the City Council regarding compliance with applicable laws and ordinance. go Pursuant to Section 163.3174(4)(d), FS. perform any other duties, which are assigned to the Sebastian Planning and Zoning Commission by the City Council or by general or special law. In carrying out the respective functions and duties prescribed above, the Planning and Zoning Commission shall: Acquire and maintain tach information and materials as are necessary to au understanding of past trends, present conditions, and forces at work to cause changes in these conditions. Such information and material may include maps and photographs of manmade and natural physical features of the area concerned, statistics on past trends and present conditions with respect to population, property values, economic factors, land use, and such other information as is important or likely to be important in determining the amount, direction and kind of development to be expected in the area and it's various parts; Establish principles and policies for guiding action in the physical development of the City; ! I Land Development Code 5/18/~.000 10:50 AM Page II-8 City of Sebastian Chapter I: General Administration Article II: Administration and Enforcement 6. Funding of Local Planning Agency. The City Council shall appropriate funds at its discretion to the Local Planning Agency for expenses necessary in the conduct of its work. The Local Planning Agency may, in order to accomplish the purposes and activities /required by the Local Government Comprehensive Planning Act of 1975, expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans, and other sources, provided acceptance of loans or grants must be approved by the City Council. 7. Establish a Schedule for ComprehenSive Plan Review. The Planning and Zoning Commission Rules of Procedure shall[ establish a schedule for thc review of the ComprehenSive Plan pursuant to Chapter 163.3191 F.S. to determine whether Comprehensive P1an amendments are desirable. 8. Quorum. Four (4) members of the p]arlnlng and Zoning Commission shall constitute a quorum for the transaction of business, !but .a smaller number may act only to adjourn meetings for lack of a quorum. The affimaative vote of a majority of those present shall be required to pass any action of the pJan~ing and Zoning Commission. ! Appeals of Planning and Zoning Commi~sio~ Decisions to the City Council. Appeals of decisions by the Plsnning and Zoning Commission shall be final unless otherwise stated herein. However, any affected party, including the City Manager on behalf of staff, aggrieved .by a decision of the Plauning and Zoning CommissiOn may appeal the decision by filing a written appeal with the Planning and Growth Management Director within ten (10) days of the decision of the Planning and Zoning Commission. It sh~ 11 require four (4) affirmative votes of the City Council to override the Planning and Zoning Con mission decision.. In considering and acting upon appeals of [mal decisions of the Planning and Zoning Commission, the following procedures shall be o ~served: 1. Procedure and Time Limitation for Appeal. For purposes of computation, the time for filing an appeal to a development order or decision by the Plamaing and Zoning Commission shall begin on the date at w'_fich the Planning and Zoning Commission made such decision. The original and one copy of the Notice of Appeal form provided by the Planning and Growth Management Director, together with all the documents, plans, papers or other materials constituting the record upon which the action appealed from was taken, shall be filed with the Planning and Growth Management Director who shall ensure that copies thereof are provided to the City Council, the City Manager and the City Attorney, or to the applicant if the a_'~peal is taken by the City Manager. Appeals not so filed shall be deemed waived. Date of Hearing for Appeals. Hearings date and time fLxed by the City Manager more than sixty (60) days after the filing Notice. Upon notification by the City matter subject to the provisions of this s~ due notice consistent with Section 54-1-2 of appeals by the City Council shall be held at a and shall in no event be less than thirty (30) nor ~fthe Notice of Appeal. Manager of the date fixed for hearing on any ~ction, the City Clerk shall ensure publication of .8 herein. .Land Development Code 5/18/2000 10:50 AM Scope of Review by City Council. In reviewing an appeal of a final order or a decision of the Planning and Zoning Commission, the City Council shall be limited to review of the testimony, documents, plans, papers or other materials constituting the record upon which the action was taken. The City CoUncil may, upon appeal, reverse or affn'm wholly or partly, or modify the order, requirement, decision, or determination made by the Page II-11 City of Sebastian Chapter I: General Administration Article H: Administration and Enforcement Planning and Zoning Commission and may make any necessary further order, requirements, decisions or determinations respecting the subject of the appeal and, to that end, shall have all thc powers of the Planning and Zoning Commission respecting such matter. The concurring vote of no less than four (4) members of the City Council shall be necessary to reverse or modify any order, requirement, decision or determination of the Planning and Zoning Commission. Appearance and Argument. At any hearing upon any matter subject to the provisions of this Code, the appellant seeking review by the City Council and any other party desiring to be heard may appear in person, by agent or by attorney. The appellant shall be entitled to make an initial presentation respecting the appeal, and at the conclusion of presentations or statements by .all other parties, shall be entitled to offer a statement in rebuttal to such presentations if the appellant so desires. The presiding officer may, at the commencement of the heating, or at any time during such hearing, require that parties desiring to make a presentation identify themselves, and may specify the time to be allowed for each party to make such presentation. Effect of Appeal and Stay of Proceedings. An appeal to the City Council shall, upon filing, stay all proceedings in furtherance of the order or decision appealed from, unless the City Council finds that, by reason of facts presented by the Planing and Zoning Commission or City staff, a stay would cause mediate peril to life or property, in which case, proceedings shall not be stayed except by a restraining order granted by the City Council for due cause shown at, er notice to the party filing the appeal. Nothing in this section shall be deemed to impair the authority of any court of competent jurisdiction to enjoin or stay actions of the City Council. Decision and Order by the City Council. Action by the City Council upon any matter subject to the provisions of this section shall be announced by the presiding officer immediately following the vote determining such action and shall thereat~er be embodied in a written order prepared by the City Clerk and executed by the presid~u§ officer and the City Clerk. Such written order shall be incorporated into the minutes of the meeting at which such action occurred. Finality of Decision. When the City Council has taken action respecting an appeal of a Planning and Zoning Commission action, no application for the same relief shall be accepted by the City for consideration by the Commission for a period of two (2) years from the date of such action, provided however, aiter one (1) year, an applicant may request that the City Council waive the provision of this section for proper cause based on changed conditions and/or the advent of new information which substantially impacts material issues. If a' request for such waiver is submitted by the applicant, the City Council shall determine if the changed conditions and/or the new information is sufficient to convene a new hearing on the applicant's appeal. If the City Council determines that a hearing should be held on the applicanfs appeal, the City Manager shall direct the City Clerk to provide due public notice of the scheduled public hearing in the same manner as required for the original appeal as described in Section 54-1-2.8. Judicial Review of Decisions. Any person or persons, jointly or severally, aggrieved by a decision of thc City Council respecting an appeal of a decision by the Planuing and Zoning Commission, may apply by writ of certiorari in the manner provided by law, to the Indian River County Circuit Court for judicial rciiefwitbin 30 days after rendition of the written decision. Land Development Code $/18/~000 10:50 AM Page II-12 City of Sebastian ~ Chapter I: General Administration SECTION 54-1-2.5 BOARD OF ADJUSTMENT Article II: Administration and Enforcement Establishment. The Board of Adjustment is hereby established and shall consist of five (5) members and two (2) alternates. The qualifications, term and appointment of members shall be done in accordance with Chapter 2, Article VI, Division 1 of the Code of Ordinances, City of Sebastian. Alternate Members and Their Duties.i The alternate members may attend all meetings of the Board of Adjustment but shall act only in the absence, disability or disqualification of a regular member thereof. When an alternate member acts, the minutes of the Board of Adjustment shall reflect the name of the absent, disabled or disqualified member in whose place and stead the alternate memb~ is acting. Each alternate member shall fill in for a regular member who is absent, disabled, or disqualified on a rotating basis with the most senior alternate member to be the first in the initial rotation. If more than one (1) regular member is absent, disabled or disqualified, then both alternate members shall act as members of the Board of Adjustment. Vacancies and Reappointment of Bon~d Members. Appointments to fill any vacancy, shall be for the remainder of the une~tpired term of office of the vacated Board of Adjustment seat being filled by the appointment. 3. Removal of Board Members and Alter accordance with Chapter 2, Article VI, Sebastian. Authority, Power and Rules of Procedure 1. nates. The removal of members shall be done in Division 1 of the Code of Ordinances, City of Authority. In no instance shall the board grant any use of land in any zoning district other than those uses allowed in such district as a permitted use or a conditional use. 2. Duties and Powers. The Board of AdjuStment shall have the following powers. Hear and Decide Administrative Appeals. Hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any Land Development Code or regulation adopted purstmut to this act, unless otherwise provided herein. 3. Rules Land Development Code 5/18/2000 10:50 AM b. Hear and Decide Requests for Variances. Hear and authorize upon appeal such variance from the terms Of the ordinance as will not be contrary to the public interest pursuant to Section 54-1-2.5(C)(2). c. Require Attendance at Hearings and Administer Oaths. The Board of Adjustment shall have the a.uth~.rity to compel the attendance of wimesses at hearings or meetings and to administer oaths. of Procedure. The Board of Adjustment shall establish and adopt Rules of Procedure, which include policies for, but not limited to, election and duties of officers; meeting schedule, time and place; estab]ishlng agenda and order of business and method of transacting such business; procedure~ for action and voting by members; conduct of public hearings; rules of conduct; parliahaentary procedure; maintenance of records; and method of amending the same. Page II-13 City of Sebastian Chapter I: General Administration Article H: Administration and Enforcement Extension of Variance Determinations. Before this six (t5) months period has expired, the applicant may make a request to the Board of Adjustment by letter for an additional six (6) months extension. Any further extensions of time shall require a new application to be processed as a new case. Recommendation Filed. On all proceedings held before the Board of Adjustment, the Planning and Growth Management Director shall review the application and file a recommendation on each item. Such recommendations shall be received, heard and filed prior to final action on any item before the Board, and shall be part of the record of the application. (In reference to Administrative Appeals, a summary explanation shall be filed in place of a recommendation). Appeals of Board of Adjustment Decisions to the City Council. Appeals of decisions by the Board of Adjustment shall be final unless otherwise stated herein. However, any affected party, including the City Manager on behalf of staff, aggrieved by a decision of the Board of Adjustment may appeal the decision by filing a written appeal with the Planning and Growth Management Director within ten (10) days of the decision of the Board of Adjustment. It shall require four (4) affirmative votes of the City Council to override the Board of Adjustment decision. In considering and acting upon appeals of final decisions of the Board of Adjustment, the following procedures shall be observed: Procedure and Time Limitation for Appeal. For purposes of computation, the time for filing an appeal to a decision by the Board of Adjustment shall begin on the date at which the Board of Adjustment made such decision. The original and one copy of the Notice of Appeal form provided by the Planning and Growth Management Director, together with all the documents, plans, papers or other materials constituting the record upon which the action appealed from was taken, shall be filed with the Planning and Growth Management Director who shall ensure that copies thereof are provided to the City Council, the City Manager and the City Attorney, or to the applicant if the appeal is taken by the City Manager. Appeals not so filed shall be deemed waived. Date of Hearing for Appeals. Hearings of appeals by the City Council shall be held at a date and time fixed by the City Manager and shall in no event be less than thirty (30) nor more than sixty (60) days after the filing of the Notice of Appeal. Notice. Upon notification by the City Manager of the date fLxed for hearing on any matter subject to the provisions of this section, the City Clerk shall ensure publication of due notice consistent with Section 54-1-2.8 herein. Scope of Review by City Council. In reviewing an appeal of a final order or a decision of the Board of Adjustment, the City Council shall be limited to review of the testimony, documents, plans, papers or other materials constituting the record upon which the action was taken. The City Council may, upon appeal, reverse or affirm wholly or partly, or modify the order, requirement, decision, or determination made by the Board of Adjustment and may make any necessary further order, requirements, decisions or determinations respecting the subject of the appeal and, to that end, shall have all the powers of the Board of Adjustment respecting such matter. The concurring vote of no less than four (4) members of the City Council shall be necessary to reverse or modify any order, requirement, decision or determination of the Board of Adjustment. Land Development Code 5/18/2000 10:50 AM Page H-17 City of Sebastian ~ Chapter II: District and General Regulations Article tH: Special Use/Exception and Temporary Uses Holders of tempormy use permits for an activity shall not be required to obtain an occupational license for that activity. No temporary use shall operate within a pu'~lic right-of-way. No operation within an easement shall be permitted unless specifically allowofl by all parties having interest in such easement. 7. Unimproved lots within industrial 'or commercial districts may be utilized if, 'in the opinion of the city manager and his support staff, the temporary use will not be detrimental to the health, safety and general welfare of the public. 8. A maximum of thirty (30) percent of the required parking stalls of the host site may be utilized by the temporary use. This percentage ma~ be increased based on satisfactory documentation indicating additional parking and/or tran,ortation needs have been provided for the total impact of the proposed event. 9. Food concessions may be permitted as accessory to the temporary use. The applicant must obtain a temporary license from the State Department of Business Regulations for the proposed concession facilities. 10. Temporary toilet facilities may be requiredby the applicant depending on location and size of the event. Amount will be determined i-bY the building official based on estimation of attendance of the event. 11. Applicant must provide, at his own expense, additional and/or special crowd control and security if determined necessary by the police chief based on the size of the event. 13. Prior to city manager review, approval must be obtained from the Police Chief and the Building Director. Approval or denial shall be has~d on items 1 through 11 above and consideration shall be reviewed on the total magnitude o~impact that may be detrimental to the health, safety and general welfare of the community. ' Sec. 54-2-3.3. ~ LIMITS. A. Transient merchants of any seasonal sales merchaJadise such as Christmas tree and firework sales or other similar use shall be in operation not more than forty-five (45) consecutive days per sale/event on any given site. B. Transient merchants of any non-seasonal sales merchandise shall be in operation not more than ten(10) consecutive days per sale/event on any given site. C. Special events and special vehicle and boat sale ,eVents shall be in operation not more than seven (7) consecutive days per sale/event on any given site. Sec. 54-2-3.4. APPLICATION. Temporary use permits shall be obtained by fumislfing a completed application for such permit to the Growth Management Department. The following information as applicable shall be provided: 1. Application to be made by the owner or lessee of the host site. 3. Location of site and the specific location fo! the requested use. 3. Begiuning and ending dates of the event, i d Development Code Page III~ $/18/2000 12:09 PM City of Sebastian Chapter II: District and General Regulations Article Hi: Special Use/Exception and Temporary Uses Holders of temporary use permits for an activity shall not be required to obtain an occupational license for that activity. No temporary use shall operate within a public right-of-way. No operation within an easement shall be permitted unless specifically allowed by all parties having interest in such easement. Unimproved lots within industrial or commercial districts may be utilized if, in the opinion of the city manager and his support staff, the temporary use will not be detrimental to the health, safety and general welfare of the public. A maximum of thirty (30) percent of the required parking stalls of the host site may be utilized by the temporary use. This percentage may be increased based on satisfactory documentation indicating additional parking and/or transportation needs have been provided for the total impact of the 'proposed event. Food concessions may be permitted as accessory to the temporary use. The applicant must obtain a temporary license from the State Department of Business Regulations for the proposed concession facilities. 10. Temporary toilet facilities may be required by the applicant depending on'location and size of the event. Amount will be determined by the building official based on estimation of attendance of the event. 11. Applicant must provide, at his own expense, additional and/or special crowd control and security if determined necessary by the police chief based on the size of the event. 13. Prior to city manager review, apProval must be obtained from the Police Chief and the Building Director. Approval or denial shall be based on items 1 through 11 above and consideration shall be reviewed on the total magnitude of impact that may be detrimental to the health, safety and general welfare of the community. Sec. 54-2-3.3. TIME LIMITS. Transient merchants of any seasonal sales .merchandise such as Christmas tree and firework sales or other similar use shall be in operation not more than forty-five (45) consecutive days per sale/event on any given site. Transient merchants of any non-seasonal sales merchandise shall be in operation not more than ten(10) consecutive days per sale/event on any given site. Special events and special vehicle and boat sale events shall be in operation not more than seven (7) consecutive days per sale/event on any given site. Sec. 54-2-3.4. APPLICATION. Temporary use permits shall be obtained by furnishing a completed application for such permit to the Growth Management Department. The following information as applicable shall be provided: Application to be made by the owner or lessee of the host site. Location of site and the specific location for the requested use. 3. Beginning and ending dates of the event. Land Development Code Page III-3 5/18/2000 12:11 PM City of Sebaz~ Chapter H: District and General Regulations D. SIZE AND D]IVIENSiON CRII~RIA 1. Maximum Density: 8 units per acre 2. Maximum FAK: 50% 3. Maximum Height: ~'"Land Development 5/18/2000 1:04. PM Article V: Zoning District Regulations West of Indian River Drive: 35 feet East of Indian River Drive: 25 feet Lot Coverage: Maximum Building Coverage: 30% Maximum Impervious Surface: 80% Lot Dimensions: Minimum Lot Size: 10,000 square feet Minimum Lot Width: 80 feet Minimum Lot Depth: 125 feet Minimum Setbacks: Front Yard: Non-residential, with Sidewalk, Curb and Gutter: Non-residential, without Sidewalk, Curb and Gutter: Residential: 25 feet . Side Yard: Non-residential: Residential: Minimum Open Space: non-residential: 25% residential: 50% None Required 10 feet 5 t~et, except 10 feet when abutting a residential district or use. 15 feet plus one foot per each additional two (2) feet in height above twenty-five (25) feet. Rear Yard: Non-residential: Residential: Minimum Distance between residential stm¢ Minimum Living Area: 10 {feet, except 30 feet dist riot or use 20 *eet tures on the same lot: when abutting a residential 2O feet. feet. Duplex: Code Page V-I 8 750 square feet per' City of Sebastian Single Family Dwellings: The minimum floor area required, exclusive of porches, terraces, attached garages, carport or unroofed areas, ~hall be one thousand two hundred (1,200) square Chapter II: District and General Regulations Article V: Zoning District Regulations 4. Lot Dimensions: Minimum Lot Size: 15,000 square feet Minimum Width: 100 feet Minimum Depth: 125 feet 5. Minimum Setbacks: Front Yard: 20 feet Side Interior Yard: None Rear Yard: 10 feet. No building or structure in an IN district shall be located closer than 30 feet to a residential district. E. PROCESSING AND STORAGE WITNTN THE INDUSTRIAL DISTRICT In the Industrial District any use is permitted either indoors or outdoors, but in conformance with the applicable performance standards. In the Industrial District, all business, servicing, manufacturing or processing within two hundred (200) feet of a residential district boundary may be outdoors but shall be effectively screened by a solid wan, fence or natural landscaping providing a ninety (90) percent opaque screen planting so that the materials shall not be visible from the residential district. The requirement shall not apply to airfields for the outside storage of aircrat~. SECTION 54-2-5.7 AIRPORT AND INDUSTRIAL FACILITIES DISTRICT (Al) A. INTENT The intent of the AI district is to provide a management framework for implementing Comprehensive Plan objectives and policies for airport facilities and supportive light industrial activities and related development within lands designated IN on the Future Land Use Map. In addition, the district shall implement the policies of the City of Sebastian Airport Master Plan. Performance criteria within the Land Development Code requires that land use and development within and adjacent to the Sebastian Airport avoid encroaching upon the airport hazard zone. Furthermore, land uses proposed within noise impact areas defined in the FAA noise control regulations shall comply with FAA guidelines for managing noise impacts through land use regulation. The Airport district regulations establish the permitted uses and applicable reslrictions within the air operations area. The Federal Aviation Administration (FAA) regulations shall govern the land use, specifications, and placement of structures within the airport operations area. All development in the AI district shall comply with the Comprehensive Plan, performance criteria in Chapter III, Section 54-2-7.12 Airport IIeight Limitations, Article XVIII Site Plan Review Procedures, as well as other applicable land development regulations. Land Development Code 5/18/2000 1:04 PM Page ¥-21 City of Sebastian Chapter II: District and 'General Regulations $. Miniraum Setbacks: Article V: Zoning District Regulations Front Yard: 30 feet Side Yard: 10 feet Rear Yard: 25 feet No building or structure in a PS district shali be located closer than 30 feet to a residential district. SECTION 54-2-5.9: TABLE OF LAND USE B~ DISTRICTS Table $4-2-5.9 "Land Use by Districts" (pp. V-44=47) stipulates the permitted and conditional uses by district. Permitted uses are uses allowed by right, provided all appli=able regulations within the land development code are satisfied, as well as all other applicable laws and administration regulations. Conditional uses are allowable on]y if approved by the City pursuant to administrative procedures found in Article VI. The applicant requesting a conditional use must demonstrate compliance with conditional use criteria set forth in Article VI. The applicant shall bear the burden of proof in demonstrating compliance with all applicable laws and ordi- nances during the site plan review process. The site plan review process is set forth in Article xvIn. SECTION 54-2-5.10: SIZE AND DIMENSION CRITERIA A. MINIMUM LOT OR SITE REQUIREMENTS FOR ALL USES 1. Table of Size and Dimensional Regulations. Table 54-2-5.10 (p. V-48) incorporates required size and dimension regulations, which shall be applicable within each respective zoning district, and these standards shall be maintained in Perpetuity. Ail developments shall have a total land area sufficient to satisfy all standards stipulated within the land development code. Height Regulations and Exceptions Here lo. The term "building height" as used in the Land Development Regulations shall mean the v :rtical distance fi:om either the required base flood elevation or the average construction grade, whichever is greater, of all exterior comers of a structure to the highest point of the building, not including those structures specifically permitted to extend beyond the height of the building. I. and Development Code Page V-24 $/!.8/2000 1:04 PM On any site where fill is required to adhere to the base flood elevation, as established by the National Flood Insurance Act of 1968, anfl as required by other governmental agencies, the building height is the vertical distance fi:om the required base flood elevation to the highest point of the building not including those structures specifically permitted to extend beyond the height of the building. ~ Chimneys and radie and television antennas may exceed height limitations upon the prior approval of the Planning and Growth Management Director and the City Engineer based on the compliance with all other applicable teclmieal codes. Steeples, silos, windmills, ventilators, water cupolas .and..other appurtenances .usually-required .to be placed above the"roof level and not intended for human occupancy or Use may exceed height limitations for the respective zoning diswict by no more than twenty (20) percent upon the prior approval of the Planning and Zoning Commission. An apparatus exceedir~g height limitations by more than twenty (20) percent for the ;~pplicable zoning disu'ict height restrictions shall require variance approval by the Board of Adjustment. In no event, however, shall any permitted heights be in conflict with the height regulations established by flight angles of stat~-approved airports in the city. All permitted heights shall comply with all requirements of the Federal Aviation Authority and the Federal Communications Commission. City of Sebastian Chapter II: D/strict and Gene~ Reg,,h~ons Article VI: Conditional Use Cri~ria Conditional use criteria. Enclosed commercial amusements will be allowed in the CG and CR districts provided the following criteria are met: (1) No structure shall be located within one hundred (100) feet ora residential district. (2) No off-street parking or loading area shall be located within fifty (50) feet of a residential district. (3) The site plan shall provide for efficient circulation of vehicles on-site. (4) The site shall have reasonable access to a major thoroughfare. 11. 12. Commercial amusements, unenclosed: a. Appficable zoning districts. Commercial amusements, unenclosed, as defined in this code, shall be permitted as a conditional use within the following zoning districts: IN. b. Conditional use criteria. Commercial amusements, unenclosed, will be allowed provided the following criteria are met: (1) Approval of a plan of access to a major thoroughfare shall be obtained from the city (2) There shall be no direct access to a major highway, as designated ia the comprehensive plan, where there is the availability of access to a lesser road. (3) All buildings and structures shall be at least one hundred (100) feet fxom any property line. (4) Drives and parking areas shall be surfaces with a hard and durable material and properly drained. (5) Appropriate measures to prevent traffic congestion on adjacent public ways shall be taken. (6) Necessary measures shall be taken to subdue any excessive noise when the facility abuts a residential dislrict. (7) The entrances and exits shall be located so as to afford unobstructed sight distance for three hundred (300) feet in each direction. (8) Such use shall not permit adult entertainment activities on the premises. Commercial Retail > 5000 sq. ft.: a. Applicable zoning districts. Commercial retail > 5000 sq. ft. shall be permitted as a conditional use in the following zoning districts: C-512, CL, CWR and IN. b. Conditional use criteria. Commercial retail > 5000 sq. ft. will be allowed provided the following conditions are met: Land Development Code 5/18/2000 19.:19 PM Page VI-7 City of Sebastian (1) The conditional use criteria for Com~ determination at time of site plan review 13. Commercial Retail > 10,000 sq. ft.: Anide Vi: Conditional Use {h'imria lercial retail > 5000 sq. ft. shall be reserved for and Planning and Zoning Commission hearing. a. Applicable zoning districts. Commercial retail > 10,000. ft. shall be permitted as a conditional use in the following zoaing dislricts: CR. b. Conditional use criteria. Commercial retail > 10,000 sq. ft. will be allowed provided the following conditions are met: (1) The conditional use criteria for commercial retail > 10,000 sq. ft. shall be reserved for determination at time of site plan review and Planning and Zoning Commission hearing. 14. Commercial Retail > 20,000 sq. ft.: a. Applicable zoning districts. Commercial retail > 20,000. ft. shall be permitted as a conditional use in the following zoning disWicts: CG. 15. · c. Conditional use criteria. Commemial retail > 20,000 sq. ft. will be allowed provided the following conditions are met: (1) The conditional use criteria for Commercial retail > 5000 sq. ff. shall be reserved for detem~ation at time of site plan review and Planning and Zoning Commission hearing. Cultural or civic facilities: a. Applicable zoning districts. Cultural or lcivic facilities shall be permitted as a conditional use withi~ the following zoning districts: ! RM-8, CWR, and PS. b. Conditional use criteria2 Cultural or civic facilities including public or private facilities, offices or services, and which may ]include civic or community centers, theaters predominantly used for live pefformanqes, libraries, museums and similar uses, will be allowed provided the following conditions are met: (1) No building shall be located closer than fifty (50) feet to any lot line which abms a residential district. (2) No off. street parking or loading space shall be located closer than fifteen (15) feet to any property line abutting a residential district. (3) Screening: All side and rear yards .abutting residential districts or uses shall be screened in accordance with the standar& established in Section 54-3-14.16 of this chapter. I (4) The proposed site shall be located oh a major collector street or an arterial street, and shall have direct access from the sit~ onto the collector street or the arterial street as designated on the city's thoroughfare!map. 16. Educational Institutions, marine related a. Applicable zoning districts. Educational conditional use in the following zoning dist Land Development Code 5/18/2000 12:19 PM astimtions, marine related shall be permitted as a .'icg: CW1L City of $~bastian b. Conditional use criteria. Educational institutions, marine related will be allowed provided the following conditions are met: (1) The applicant shall submit a description of anticipated service area and projected enrollment, by stages if appropriate, and related the same to a development plan explaining: a. Area to be developed by construction phase. b. Adequacy of sit to accommodate anticipated facilities, enrollment, recreation area, off-street parking and pedestrian and vehicular circulation on-site. e. Safety features of the development plan. 17. Equestrian Facilities a. Applicable zoning districts. Equestrian facilities shall be permitted as a conditional use in the following zoning districts: RE-40. b. Conditional use criteria. Equestrian facilities will be allowed provided the following conditions are met: (1) Stables, noncommercial (administrative permit: no planning and zoning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site plan. :a. Additional information requirements: The applicant shall .submit a site plan which shall show the location of all existing and proposed structures and the location of any fences, and all other information relevant required in Article X. 18. b. Criteria for noncommercial stables: Noncommercial stables shall be allowed in the RE-40 district only as an accessory use; Such uses shall be located on lots having an area no less than five (5) acres; The number of horses shall not exceed one per acre; Enclosed structures, such as hams, shall have a minimum setback of fifty (50) feet from any property lines; The applicant shall provide a fence which has a minimum height of four (4) feet and totally encloses the property to be used in association with the equestrian use. Farmers market: a. Appficable zoning districts. Farmers markets shall be permitted as a conditional use within the following zoning district: CG, and CK. b. Conditional use criteria. Farmers markets will be allowed in the CG and CR dislricts provided the following criteria are met: (1) All sales activity and storage shall be .in an enclosed structure. (2) No stmctare shall be located within fifty (50) feet to any lot line abutting a residential district. I.and Development Code 5/18/9.000 19.:19 PM Page VI-9 City of Sebastian Chapter Il: Districts and General Regulations B. Article VII: General Regulations Septic Tanks. Whenever a lot is not served by an approved sanitary sewer, there shall be provided such open space as required by the Indian River County Health Department, for the septic tank and drainage field to serve the uses on such lot. Such sanitary installations shall be located in a front or side yard, but not closer than five (5) feet to any lot line and not within any easements. No septic muk shall be located within seventy-five (75) feet of mean high water (MHW) along the Indian River or Sebastian P,.iver. The Planning and Growth Management Director may approve a variance to this section provided the following conditions exist: . Due to existing conditions, the Indian River County Health Department will not issue a permit for a septic tank located in the front or side yard. c. The variance will not render another lot unbuildable. The Board of Adjustment must review all variance requests, which do not meet the above requirements. SECTION 54-2-7.5: ACCESSORY STRUCUTURE A. PRESENCE OF PRtNC~ BUILDING REQUI~D. No accessory structure shall be eonstruct~ upon a lot until the construction of a principal structure has been staxted and no accessory structure shall be used unless the principal structure has received a :ertificate of occupancy. B. LOCATION: 1. GENERAL RULE OF LOCATION. No ~ccessory structure shall be located in any required yard (setback). Furthermore, no detached accessory structure shall extend beyond the front building line of the principal structure that iS located on the same real estate parcel or lot. a. Special Regulations Governing Rear Yards, Detached structures, such as utility sheds and other structures accessory to single-family homes within a single-family zoning district may encroach into a required rear yard, provided that any such smuctare maintain a minimum distance of ten (10) feet from the rear property line and not be located withi,~ a dedicated easem~t. With the exception of structures that consist solely of screening and beams and s~pports for the screening material, no such structure shall exceed four-hundred (400) square feet in lot coverage and shall not exceed twelve (12) feet in height. Structures that Consist solely of screening and beams and supports for the screening material, such as s~reen enclosures for swimming pool areas, shall not exceed twenty-five(25) feet in heigh/. 2. CORNER LOTS. Notwithstanding the pro~sions of paragraph 1., accessory structures may be located to the front of the front setback line! along the boundary of the secondary front yard on "an improved corner lot. GENERAL REGULATIONS OF ACCESSORY BUILDINGS: No mobile home, travel trailer, truck tmile[ or any portion thereof, or motor vehicle shall be permitted as an accessory structure. ~ No accessory structure shall be constructed or maintained without a building permit being issued by the City's building official expressly designating the type of the accessory stmcture (example: garage, shed, pump house). ~Land Development Code 5/18/2000 12:21 PM City of Sebastian Chapter Il: Districts and General Regulations Article VH: General Regulations Exception to Height Regulations for Walls and Fences. Notwithstanding the provisions of 54-2-7.7(C)(1) of the Sebastian Land Development Code, fences and walls, not exceeding eight (8) feet in height, may be placed along the boundary of a lot on that portion of the lot lying behind the front setback line and behind thc front of the main structure on any of the following residential lots adjacent to Fellsmere Road, also known as County Koad 512, in the City of Sebastian: Lots 1 ,. 8, Block 41, Sebastian Highlands Unit 1 Lots 2 - 19, Lot 28, Block 59, Sebastian Highlands Unit 2 Lot 16, Block 68, Sebastian Highlands, Unit 2 Lot 2, Block 72, Sebastian Highlands Unit 2 Lots 9 - 1 g, Block 72, Sebastian Highlands -Unit 2 Lots 1-2, Block 42, Sebastian Highlands Unit 2 Lots 4 - 40, Block 42, Sebastian Highlands Unit 2 Lots 7 - 8, Block 57, Sebastian Highlands Unit 2 Lots 1 - 21, Block 149, Sebastian Highlands Unit 3 Lot 1, Block 169, Sebastian Highlands Unit 5 Lots 18 - 49, Block 169, Sebastian Highlands Unit 5 Lots 122 - 124, San Sebastian Springs Lots 147 - 154, San Sebastian Springs Lots 1 - 6, Roseland Acres In addition, tennis court enclosures, not exceeding ten (10) feet in height, may be placed along the perimeter of said tennis court(s). The fence enclosure(s) shall not be located closer than ten (10) feet from the side and rear property lines and shall not be located in any easement(s). Walls and Fences on Corner Lots. Notwithstanding the provisions of 54-2-7.7(C)(1) or 54-2- 7.7(C)(2), fences and walls four (4) to six (6) feet in height may be located to the front of the from setback line along the boundary of the secondary front yard of an improved comer lot. Only those fences and walls placed along the boundary of the primary front yard of an improved comer lot must be located behind the front setback line. Primary Front Yard. For purposes of this paragraph, the term "primary front yard" shall mean the yard of an improved comer lot located between thc street and the wall of the main structure facing the street where the primary entrance to the main structure is located. Secondary Front Yard. For purposes of this paragraph, the term "secondary front yard" shall mean the yard of an improved comer lot located between the street and the wall of the main structure facing the street, where the primary entrance to the main structure is not located. Trellis Structures. Trellis structures that do not form a barrier may be erected at any location on a lot except within visibility triangles or dedicated easements. Such trellis structures need not satisfy the height limitation and restrictions for residential fences and walls provided in this subsection. D. Fences and Walls in Non-Residential Districts All commercial and industrial zoned properties that are being utilized for residential purposes shall comply with the requirements set forth in section 54-2-7.7(C). 2. Fences and walls not exceeding eight 8 feet in height may be permitted upon approval of the Planning and Growth Management Director. The Planning and Zoning Commission must approve all fences and walls exceeding 8 feet in height. The action of the Planning and Growth Management Director may be appealed to the Planning and Zoning Commission. Such appeal Land Development Code Page VII-6 City of Sebas~an 5/18/2000 12:21 PM Chapter H: Districts and General Regulations corrections at the applicant's expense. Article VII: General Regulations Procedure for Filing Appeal. Any person receiving written notice of suspension of a permit may, within fifteen (15) days following the date of such notice, enter an appeal in writing to the City council. Such written appeal shall be deposited with the City clerk who shall stamp thereon the date and time received. Such written appeal must include a description of the property, the date of the notice of violationS, and the number of such notice. The City council shall, within fourteen (14) days, hold a hearing on this appeal. At the conclusion of such hearing, the City council may continue the suspension, modify the suspension, revoke the excavation permit, or reverse the decision of the City engineer. The City Council shall not act upon any appeal, which is filed later than the fifteen (15) days notice set forth above. SECTION 54-2-7.16: S~G POOLS Prior to commencing construction of swimming pools, a building permit must be obtained. The following provisions shall be enforced in regulating construction of swimming pools. Application. The Building Department will receive and act on applications for a building permit. The application shall be accompanied by detailed pool plans, illustrating the location of mechanical equipment and also safety barriers, fences, sereen~g, or other improvements to be constructed. The plans shall comPly with the Standard Swimming Po01 Code. Required Fencing. All swimming pools shall be completely enclosed with a fence or wall at least four (4) feet high and so constructed as to not be readily ~ccessible by small children. Regulation of Gates and Doors to Swimming Po~ls' All gates or doors providing access to the pool area shall be equipped with a self-closing and self-latching device installed on the pool side at a minimum height of 3.½ feet, except that the door Of any dwelling which .forms a part of the enclosure need not be so equipped. [ Regulation of Lighting for Swimming Pools. Lighting for swimming pools shall be shielded in a manner that will confine illumination to the area of ~e pool. Regulation of Wastewater from Swimming Poo~s. Discharge of wastewater from such swimming pools shall be arranged in a manner, which will avoid septic tanks and/or drain fields, contamination or flooding of adjacent bodies of water or the flooding Of adjacent properties. SECTION 54-2-7.17: MANUFACTURED HOUSING Manufactured housing may be permitted if the uui~s comply ~th the following standards: · City's adopted building codes; , State of Florida building standards of CH. 320 ~'ld 553, ~; · U.S. Department of Housing and Urban Develo ~ment Manufactured Home Construction and Safety Standards of 1974 (i.e., Section 320.823, F__S_); · Ail applicable provisions of the Comprehensive Plan and Land Development Code; · Adopted City Fire Codes; and · All manufactured housing shall be designed ia a manner compatible with conventional housing including roof line, fenestration, foundation and similar features impacting compatibility. The finished floor elevation for manufactured ho' necessary to preserve compatibility with surrou~ Land Development Code 5/18/2000 12:21 PM Page VII-22 ~sing shall be designed with site improvements ding s~'uctttres. City of Sebastian Chapter rrI: Peffommuc~ Crimria A_nlcle XI: Environmental Promction Erosion Control Measures. All measures necessary to minimize soil erosion and to control sedimentation in the disturbed land area shall be implemented. The following protection shall be provided for all disturbed areas: minimize velocities of water runoff and wind erosion, maximize protection of disturbed areas from stormwater runoff, and prevent or retain sedimentation within the development site as early as possible following disturbances. A list of major problem areas for erosion and sedimentation control follows. For each one, the purpose(s) of requiring control is described. Soil erosion and sedimentation control measures for all such areas shall be provided with a v/ow toward achieving the specific purpose listed below for which a control plan is required; 1. Erodable Slopes: Prevent detachment and transportation of soil particles from slope. Streams, Streambeds, Streambanks, Bodies of Water, Lake Shorelines: Prevent detachment and transportation of soil particles. Drainageways: Prevent detachment and transportation of soft particles (which Would otherwise deposit in streams, bodies of water, or wetlands); promote deposit or sediment loads (traversing these areas) before these reach bodies of water. Land Adjacent to Streams, Ponds, Lakes, and Wetlands: Prevent detachment and transportation of soil particles. The applicant shall not adversely impact aquatic vegetation within the sensitive transition zone located between the upland and the mean high water line (ordinary high water line for non-tidal waters). No such vegetation shall be disturbed without approval of the city. Any such approval shall be based on a demonstrated necessity that promotes the overall public health, safety and welfare. Furthermore, any such disturbance of aquatic vegetation shall be compensated by re-vegetation based on a plan approved by the city as stipulated herein. The applicant shall coordinate plans for riverfront development with the Florida Department of Environmental Protection as well as the U.S. Army Corps of Engineers where tidal waters might be impacted. Where deemed appropriate, the site plan shall include the planting of native indigenous aquatic plant vegetation to promote stability of the shoreline. Enclosed Drainage Structure: Prevent sedimentation in structure, erosion at out-fall of system and deposit of sediment loads within system or beyond it. Large Flat Surface Areas (Unpaved): Prevent detachment of soil particles and their off-site transportation. Impervious Surfaces: Prevent the detachment and transportation of soil (in response to an increase in the rate and/or volume ofrunoffofthe site or its concentration caused by impervious surfaces). Borrow and Stockpile Areas: Divert runoff from face of slopes exposed in the excavation process; convey nmoff in stabilized channels to stable disposal points; leave borrow areas and stockpiles in stable condition. Land Development Code 5/18/2000 12:29 PM Applicability. Appropriate measures shall be taken during land clearing and building operations to assure that exposed, destabilized or otherwise altered soil is expeditiously covered with an acceptable erosion control material. The provision shall be applicable to the act of subdividing and installation of related improvements as well as during the development review process including the period during which improvements may occur as well as the length of time soil may be exposed to the environment. The tree and native vegetation protection ordinance shall be applicable to all clearing and grading activities and shall include specifications for management principles guiding the removal or placement of vegetation and landscaping design. Regulations shall also require developers to take precautionary measures, where necessary, to avert destruction or damage to native vegetation. Page XI-2 City of Sebastian /~]/ Chapter III: Pcai'orm~ce Criteria A~cle XI: Environm~l Prolr~ion Incentives for Reservation of Conservation Easements. The applicant and the City may negotiate a development agreement that ensures the preservation of habitats. Where the applicant agrees to dedicate a conservation easement embracing the identified habitats, the City reserves the fight to provide for a transfer of density or intensity to adjacent lands under common ownership which are unencumbered by environmentally sensitive ecosystems. Buy Out Alternative. If the applicant desires to ~levelop a critical habitat, the City, with consent of agencies having jurisdiction, may allow the applic~t to develop the critical habitat only if the applicant pays a fee in lieu of dedicating a conservation easement to preserve the critical habitat. However, any payment allowed in lieu of preservation must be:sufficient to purchase equally sensitive habitat of similar or greater size. Such cash payment shall be placed in a special fund for future purchase or debt retirement from the purchase or mitgafion of critical habitat. SECTION 54-3-11.6: FLOODPLAIN PROTECTiON Development of the floodplain (the A, AE, and VE zone on the FIRM maps) shall meet the flOodplain management requirements in Article XII, Surface Water Management and Article XIII, Flood Protection. SECTION 54-3-11.7:HAZARDOUS WASTE STORAGE AND DISPOSAL No hazardous wastes shall be stored or disposed of on weflands. Similarly, no hazardous wastes shall be stored or disposed of on upland buffers pursuant to this Article. , SECTION 54-3-11.8: CONSERVATION OF POTABLE WATER SUPPLY The City shall assist in regulating development for purposds of complying with policies of the St. Johns River Water Management District directed toward conservation of potable water supply and to achieve a reduction in the current rates of water consumption. Therefore, development plans shall be required to comply with the following potable water supply performance criteria: 1. If non-potable alternative sources of irrigation wat~ are available, potable water supplies shall not be used to meet irrigation needs. 2. All new development shall be required to use water-~saving plumbing fmtures. 3. In order to reduce demand for irrigation water (whiCh in turn often places greater demand upon potable water sources), at least fifty (50%) percent of all landscaping material for commercial sites obtained from off-site sources for use on any site should be native plant material adapted to soil and climatic conditions existing on the subject site. Further, i at least fifty (50%) percent of all trees used in landscaping shall be drought tolerant native speciesl adapted to soil and climatic conditions existing on- site in order to lessen water demand. SECTION 54-3-11.9 IRRIGATION WELLS Irrigation wells as regulated herein are defined as: Wells Oonstmcted for the obtaining of groundwater for the irrigation of lawns and landscaping, and whose size or capacity are below the thresholds for regulation by state agencies. For purposes of mitigating potential adverse impacts on land use caused by the construction of irrigation wells, the City shall require that any irrigation well installed within the City shall first obtain a permit for the irrigation well from the appropriate permitting agency. All irrigation wells shall be constructed by a water well contractor licensed under Chapter 17-531, ~ to engage in the business of construction, repair, or abandonment of wells. Similarly, all irrigation wells shall be constructed in accordance with all applicable state regulations and good engineering practices, including leetion 17-532.500, F.A,C. ~Land Development Code P~e X/-14 City of Sebastian $/18/g000 12:29. PM ARTICLE XV. OFF-STREET P~G SECTION 54-3-15.1. APPLICABILITY. Parking shall be provided and maintaiued in all districts at all times. The off-street parking and loading shall be reviewed at the time any building or stmcture is erected or enlarged or increased in capacity by a change of use or the addition of dwelling units, floor area, seats, employees or other factors determinative of parking or loading demand as stated in this article. SECTION 54-3-15.2. PARKING SPACES.REQUIRED BY USE. The following uses shall have such parking spaces as designated by this section: Auto sales. Us~ Auto repair. Bar and lounges Bowling lanes. Business and professional offices (excluding medical offices).:. Child Care. Churches, temples, places of worship. Convenience Stores. Flea markets. Funeral homes. Furniture and Appliance Stores and Furniture Repair shops. Health Clubs. Hospitals. Hotels, motels Kennels and Animal Hospitals. Libraries Manufacturing, and wholesale. Required Parking One (1) space per five hundred (500) square feet of showroom and office space plus one space per two thousand five hundred (2,500) square feet of outdoor display area. Two (2) spaces for each bay, grease rack or similar facility, plus one (1) space per four hundred (400) sqUare feet of office and/or sale area. No such bay, rack or similar facility shall be counted as a parking space for meeting the parking requirements of this article. One (1) space for each three (3) persons based on the maximum capacity. Four (4) spaces per lane plus the spaces otherwise required for' accessory uses (restaurant and meeting rooms).. One (1) space for each two hundred (200) square feet of office space. One (I) for each five (5) children based on licensed capacity. One (1) space for every four (4) seats figuring maximum seating capacity; One (1) space per one hundred fff-t7 (150) square feet of retail area. Three (3) spaces per booth One (1) space for every three (3) seats within the chapel(s) plus one space per-three hundred (300) square feet of all other building areas. One space per four hundred (400) square feet of display area. One space per two hundred (200) square feet. Two (2) spaces for each bed intended for patients, excluding bassinets. One (1) space for each unit plus one space for each four hundred (400) square feet of accessory meeting room(s). One (1) space per seven hnndred.fifty (750) s_quare feet. One (1) space for each three hundred (300) square feet of gross building area. One (1) space for each five hundred (500) square feet of gross building area or one space for each employee of the shift of employees that employs the greatest number of employees, whichever is greater, plus one space for each vehicle operating from the premises. Land Development Code 5/18/2000 12:24 PM Marinas. Use Medical offices, dental offices and outpatient clinics. Mini-Storage. Model Home Museums. Nursing homes and assisted care facilities. Plant nurseries Areas of public assembly, theaters, auditoriums, public or private clubs or lodges. Public Parks and Recreation Residential, single family Residential, duplex Residential, multi-family Residential, mobile home Land Development Code 5/18/9.000 12:24 PM Required Parking One (1) space for each three hundred (300) square feet ofprincipai building; plus. one (1) parking space for each transient live-aboard vessel slip, one (1) space for every two (2) wet slips, and one (1) space for every four (4) dry slips; plus Charter and party boats shall have one (1) parking space for every three (3) occupants based on the maximum capacity of each such boat in accordance with the Coast Guard Lic~se issued to each such boat (This does not include "six-pack" boats"), which shall be calculated at two (2) spaces per boat; plus Rental :facilities for vessels, kayaks, canoes, rowboats, paddle boats, sailboat and sailboards of any kind,. 0aerelnafter collectively referred to as "water transports") shall maintain one (1) space for every water transport. _ One (1) space for each one hundred seventy five (175) square feet. One (1t space plus one (1) per three thousand (3,000) square feet. . Five (~) spaces. One (1) space for each three hundred (300) square feet of gross buildin~ area. 0.6 spaces per bed based on the maximum capacity of the building; plus one (1) space per 200 square feet of medical offices within the facili~. One (~)space per two hundred fifty (250) square feet of indoor retail sOles area plus one space per thousand (1,000) square feet of greenhouse area plus one space per five thousand (5,000) square feet of exterior sales area. One ('_) space for every three (3) persons figuring maximum occupancy. Parks - two (2) spaces per acre. Athlefi~ fields - twenty (20) spaces per field. Stadiums - one (1) space for each four (4) seats; one seat is equal to two (2) feet of bench length. Golf courses - five (5) spaces per hole plus the spaces otherwise required for accessory uses (restaurant and meeting moms). Swim~ ing Pools - one (1) space per one hundred (100) square feet of pool surface area. two (2) spaces per court. spaces for each single-family dwelling. spaces for each dwelling unit. spaces for each dwelling unit. spaces for each single-family dwelling. City of Sebastima Use Residential, commercial resort Residential, mobile home parks or courts. Restaurants (sit down). Restaurants (take out only) -Restaurants (Food service delivery only, no on site consumption) Retail sales stores. Schools, Junior high and elementary schools. Schools, High schools. Transportation terminals. Warehousing. Required Parking One (1_) ~pace per unit. Two (2) spaces per unit; one must be at lot site. . One and one-half (1 ½ ) spaces for each one hundred (100) square feet of gross floor area including outside customer service areas. Three (3) parking spaces Plus one additional space for each two hundred (200) square feet of gross building area. One (1) parking space for each two hundred (200) square feet of gross building area. One (1) space per one hundred fifty (150) square feet for buildings < 5,000 square feet. One (1) space per two hundred (200) square feet for buildings > 5,000 and < 10,000 square feet. One (1) space per two hundred fifty (250) square feet for buildings > 10,000 square feet. One (1) space for each ten (10) students. One (1) space for each four (4) students. One (1) space for each two hundred (200) square feet of floor space. _ One (1) space for every one thousand (1,000) square feet of gross floor area up to ten thousand (10,000) square feet, and one additional space for each two thousand (2,000) square feet above ten thousand ~10,000) square feet. SECTION 54 - 3-15.3. COMPUTATION OF PARKING SPACES. In computing the number of required parking spaces the following rules shall govern: Floor area ealculation Floor area means the gross floor area of a particular use. Retail area means that floor area accessible by the public. Interpretation of computation with fractions. W]aere fractional spaces result, the number of spaces required shall be construed to be the next whole number. Requirements for uses not identified. The parking requirement for any use not specified shall be the same as that required for a use of a similar nature as recognized herein; or where not recognized herein, shall be based on criteria published by the American Planning Association or similarly recognized standards of their profession and such standard shall be approved by the Planning and Zoning Commission. Requirements for mixed uses. In the case of mixed uses, the parking spaces shall be equal to the sum of the several uses computed separately. Applicability of standards to expanding uses. Whenever a building or use is enlarged in floor area, number of dwelling units, seating capacity or in any other manner so as to create a need for a greater number of parking spaces than that existing, such spaces shall be provided in accordance with this article. Land Development Code 5/18/2000 12:24 PM ~p~ ~: P~ormanec ~ ~d¢ ~: Off~t ~ing 1 SECTION 54-3-15.4. MOD~ICA~ON OF P~G ~Q~~S. A. Location of off-street Parking spaces. ~ Residential. The required parking for Single family and duplex units shall bc located on the lot where the structure is located. The garage shall not be counted toward the parking requirement. ~ Multi-family. parking for mu]ti-familY residential uses shall be located on-site. · Spaces shall be within one hundred and fifty feet of the door of the unit that the spaces are intended for. Model homes. The required parking for a model home shall be located on the same lot as the model, or on a contiguous lot, owned by the contractor or developer, or may be located in the adjacent right-of-way ff approved by the city engineer. All parking shall meet the following requirements: Any parking located on a comer lot shall be designed so as not to obstruct the view of approaching traffic. Ingress and egress to the parking area shall be a minimum of thirty (30) feet from any corner and a minimum ofte~ (10) feet from any property line. The driveway may be counted f0r two parking spaces. 4. Commercial, institutional, industrial. Off-street parking spaces required by this section shall be located on or adjacent to the lot on which the main building or use is located. For buildings or uses located in a commercial district, parking spaces may be located on another site, provided such site is not more than three hundred (300) feet from the existing building or usc, if the full amount of the required facilities cannot be. provided on the same parcel of land as the structure because the existing structure(s) consume space that would otherwise be available for parking. No more· than twenty-five (25) percent of the total required spaces may be located in the off-site facility. Such parking spaces shall be within a commercially zoned district. Such sites can not be separated by streets of a major cOllectOr or roadways of superior classification or by a railroad right-of-way. Parking sites located across public streets may require safeguards as determined .by the Plan,ing and Z°~ing Commission. The owners of the land on which the facilities are to be located shall record an agreement as a covenant running with the land, approved by the City AttOrney, and filed in the Official Records of Indian River County. The agreement shall pro,de that said facilities shall continue so long as the structures or use they were intended to serve is continued. Joint Use. 'A single parking area may be used to service more than one establishment if the normal hours of operation of the establishments do not overlap. If a single parking area is so used, additional parking may be required as a condition of continued occupancy at any time the hours of operation of the establishments are altered to nm during any concurrent period. Any joint use of parking spaces on a prorated basis must have a document of joint use signed by all parties concerned and approved as binding by the City Attorney.  Land Development Code 5/18/9000 12:24 PM Page X'V.4 City of Sebastian Cbap~_,r III: Pe.d'ormanc~ ~ ~ XV: Oil'-Strut Parki~ Ce Historical Strnctnres. When the parking standards are appli~ to an historic structure .and such requirements would detrimentally affect the historic character of the property, the Planing and Zoning Commission may reduce thc parking requirement. A maximum reduction of 1 space or ten percent of the total parking spaces required, which ever is greater, may be permitted. The Planning and Zoning Commission shall find that a 'reduction in parking will not create a hazardous condition or detrimentally affect traffic movement. De Specime~ or historic trees. A maximum reduction of one space or ten percent of the total number of parking spaces required, Whichever is greater, may be permitted to save specimen or .historic trees. SECTION 54-3-15.5. PARKING AREAS NOT TO BE REDUCED IN A.REA. Areas designated for off-street parking or loading in accordance with the requirements of this code shall not be reduced in area or changed to any other use unless the permitted use which it served is discontinued or modified, except where equivalent parking or loading space is provided and approved pursuant to Article X'VIII, !'Site Plan Review." Land Development Code 5/18/2000 12:24 PM Page XV-5 City of Sebastian Chapt~ HI: Pefform~ucc ~ Artidc XVI: Sisna~ and c. Such temporary sign may not be d~splayed for longer than three (3) consecutive days nor more than ten (10) days out of any three hundred sixty-five-day period. Directional signs. The intent of this type of sign is to direct persons to a place, structure, or activity within the City limits. No directional sign shall be ~utilizcd exclusively to advertise a place of business without giving directions or utilizing an arrow. 1. Signs located in the Indian River. One (i) sign not exceeding thirty-two (32) square feet in area may be located in or on the waters of the Indian River for any approved marina within the City of Sebastian. These signs must have approval from the State of Florida prior to obtaining a permit from the City of Sebastian. District in which directional signs are permitted. One (1) sign not exceeding thirty-two (32) square feet and ten (10) feet high may be located on any lot within CL, CG and IN districts. Distance separating signs. The minimum distance separating directional signs within the CL, CG and IN districts shall be one thousand (1,000) feet. G. Billboards. All billboards shall be prohibited within the City of Sebastian. Bench signs. Thc area of the bench sign shall be counted toward the allowable monument sign area. Bench signs may be located on City owned right-Of-way through an agreement approved by the City Council. Such an agreement shall identify construction standards, location criteria, permitted copy, and liability. The City is not responsible for bench signs[ permitted through such agreements SECTION 54-3-16.6. GENERAL REQUIREMENTS. A. Rules for interpreting sign calculations: Determining the number of signs. For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Computation of sign area. Sign area shaft be computed by including the area of all signs on the premise. Multi-sided signs, with respect to three-din~ensional or multi-sided signs, the surface area shall be computed by including the total of iai1 sides designed either to am:act attention or communicate information. In the ease of a imgn conmsting of two (2) or more sides where the angle formed between any two (2) or mor~ sides or the projections thereof exceeds forty-five (45) degrees, each side shall be considered a separate sign area. Exceptions: a. Any double faced sign (back to ba~k and parallel to each other) provided said face of each sign are not separated by morel than two (2) feet. The area of the largest face shall be included in the detemaination of ~ign area. b. A vee-shaped sign that is not parallel and the angle between said faces do not exceed forty-five (45) degrees. The arel of the largest face shall be included in the determination of sign area. Page XVI~i 2 City of Sebastian Chaplm- IV: ~-am~i-~tion of Development Phn R~ew and Subdivision Article XI~ Subdivision A vicinity sketch at a scale no smaller than one inch equals two thousand (2,000) feet, showing the location of the boundary lines and distance of the land proposed for subdivision in reference to other areas of the city. The section, township, and range of the site and the legal description of the site shall also be included. Required supplemental information. The following information shall be submitted with the preliminary plat: Existing land use policy and proposed policy changes. Submit existing comprehensive plan designation and zoning classification of the property in question. Any proposed change in such classifications shall be made known to reviewing bodies by presenting proof indicating that of any required applications for attaining such policy changes have been submitted. On-site wastewater disposal data. When a public sewage disposal system is not available, the suitability of the soil to support on-site disposal shall be determined by the Florida State Board of Health and a report of its findings shall be submitted to all reviewing bodies. An adverse report by the Florida State Board of Health shall be deemed as sufficient grounds for disapproval of the proposed subdivision or portion thereof. Any subdivision being denied on such grounds shall not be reconsidered until the requirements of the Florida State Board of Health are met. Surface water management plan. A master stormwater management plan ouflining the primary and secondary 6minag~ facilities needed for thc proper development of the subdivision shall be submitted as part of the subdivision application. The master surface water management plan for the subdivision shall comply with all applicable requirements of the surface water management performance criteria set forth in Article 33I. Traffic impact analysis. The traffic impact analysis shall be. prepared by a professional engineer and shall be used to determine the number of'lanes and capacity of the street system proposed or affected by the development and the phasing of improvements. e. Required park land and/or facility improvements. Required potable water improvements. g. Required wastewater improvements. h. Erosion and sedimentation control improvements. i. Reference to required specifications. Schedule of multiple phases ff appropriate. If the proposed subdivision is of such size that its development will be undertaken in increments, those increments and their order shall, be indicated. Where increments of high elevations are undertaken before those of lower elevation, ultimate stormwater disposal courses in the lower increments must be concurrently developed. k. Amenities development plan. All amenities shall be depicted on the preliminary plat/preliminary development plan identifying the phases, if any, in which the amenities will be constructed. No building permits for lot development will be issued until the amenities are constructed in accordance with the amenities development plan. In lieu of the above, the City will issue building permits if the developer submits to the City a guarantee, as outlined below, to insure all amenities will be constructed. Land Development Code 5/18/2000 11:00 AM City of Seb~~-~ Chapt~ IV: Aa~-~-~tration of Development Plan Review and Subdivision Article X]X: Subdivision Additional guarantees. C_~uarantees in the amount equal to one hundred ten (110) percent of the sum of engineering and construction costs based on the applicant's engineer's estimate or contract bid prices. The guarantee shall be in one of the following forms: i. Cash deposit. , ii. Personal bond with irrevocable letter of Credit. iii. Surety bond (having a Best's rating of AAA). Filing Fee. Upon filing the preliminary plat with the Planning and Growth Management Deparunent, the applicant shall submit a fee that shall be determined by the resolution of thc City Council, payable to the City of Sebastian. The fee is not reimbursable but is to help defray the cost of administering and processing the preliminary plat. Review Procedures. The Planning and Growth Management Department shall coordinate the review of the preliminary plat and supplemental information as to their completeness and specific conformance with this ordinance. The Planning and Growth Management Department shall inform the applicant's engineer or agent whether the plans and/or plat as submitted meet the general provisions of this ordinance. The timing of review procedures and requirements governing the number of documents to be submitted and related fees, shall be determined by resolution of the City Council. When the staff finds that the preliminary plat and required data do not meet provisions of this ordinance, the applicant shall be so advised in writing as soon as practicable concerning what corrections 'or revisions are necessary to meet .th~ provisions of this ordinance. Upon receipt of such findings, the applicant shall make the corrections or revisions and resubmit the preliminary plat and required data to the Planning and Growth Management Director for review o~' the amended plan. If the applicant chooses not to provide the correStions, revisions, or other information requested by staff, the Department shall at the request of the applicant forward the application to the Planning and Zoning Commission accompanied by the statTs comments, including documentation of unresolved issues. When the Planning'and Growth Management Director and City Engineer have completed staff review, written recommendations shall be submitted to the applicant and the subdivision application will be scheduled for the next step or steps in the review process. ..~ presentations from the public. Land Development Code 5/18/2000 11:00 AM c. Subsequent to receiving a staff recommendation, the application shall be scheduled for the next available regular meeting of the Planning and Zoning Commission. Prior to the Planning and Zoning Commission's review, the applicant sha~l submit copies of the prel~mlr~ary plat and required data to the Planning and Growth Management Department. The Planning and Zoning Commission may consider the physical characteristics of the property, the availability of community services, traffic impact, economic impacts, appropriatenels of the type and intensity of the proposed develop- ment, existing and future development, e~isting and future development patterns, Land Development Code, relationship of the project lo the City's capital improvements program, or other such factors as may relate to the ComprehenSive Plan or elements thereof. The Planning and Zoning Commission shall make a written recommendation to the City Council on the development. d. Subsequent to receiving recommendation(s) from the staff, the Planning and Zoning Commission and other reviewing entities, the application sha~l be scheduled for City Council review. Prior to the City Council's review the applicant shall submi~ the appropriate number of copies of the subdivision preliminary plat and required data. The applicant may tender changes to the application to correct deficiencies identified by the Planning and Zoning Commission prior to forwarding the application to the City Council. During its review, the City Council shall consider the written recommendations of the City staff, the Planning and Zoning!Commission, any other reviewing agencies, and The City CounCil may approve or disapprove the preliminary plat Page xiX-8 city of Sebastian Chap~ IV: 3,~mi,~i,trafion of Developmc~ Plan Review and Subdivhion Article XIX: Subdivision 3. City Council Review Procedure Where Required improvements Constructed Prior to Recording. Upon submittal o£ the reproducible final plat, certification and approvals contained on the plat shall be current and the plat shall be checked as required by this Article prior to presentation to the City Council for approval. City Council Review Procedure Where Performance Guarantee Posted. In the event the applicant elects to record the final plat prior to completion of the required improvements under performance guarantees as provided 'for in this Section, the final plat shall be presented to the City Council by the City Attorney accompanied by appropriate legal instruments. Action. Action by the Council shall be taken after receipt of the final plat and supporting data to the City unless the applicant requests delay. Following the City Council's approval and acceptance of the required improvements (or the legal instruments comprising approved posting of requisite performance guarantees), the final plat shall be duly signed certifying that the development has met all requirements of this Article. Recording Final Plat. After the final plat has been approved and certified and all requirements are met, the City Clerk shall submit the final plat to the Clerk of the Circuit Court, who shall record only those final plats that have been approved in accordance with this ordinance. After the final.plat has been recorded the City Clerk shall provide the appropriate copies to the Planning and Growth Management Director and City Engineer. Schedule of Development Phases. The applicant may schedule proposed development phases within any proposed subdivision. The scheduled development phases shall have been specified on the approved preliminary plat and shall be of such a size and design and be scheduled so that all portions completed at any time can exist independenfly' as a subdivision in complete conformity with the requirements of this ordinance. Any change in the schedule of phases must receive prior approval by the planning and zoning commission. If phased, the applicant shall have the option of requesting either final plat approval or the issuance of a certificate of completion on one or more of the development phases in conformity with all the procedures and requirements of this ordinance. Final Plat Recording Requirements. The final plats for subdivisions, within the incorporated area of the City of Sebastian, shall not bC recorded until the developer has installed the required improvements or has guaranteed to the satisfaction of the City Council that such improvements will be installed. Completion of Required Improvements Prior to Final Plat Recording. In the event the applicant exercises the right to construct and complete required improvements prior to recording of the final plat, the City Staff shall have the right of entry upon the property to be platted for the purpose of inspecting and reviewing the conslxuction of the required improvements during the progress of such construction. The applicant shall coordinate the construction with the City Engineer. When the required improvements are complete, the final plat along with the records and data as herein prescribed shall be submitted by the applicant to the Planning and Growth Management Department and shall be reviewed by City' staff as provided for in this Article. When all requirements of this ordinance have been complied with, the plat.and a completion certificate, shall be presented for review and approval to the City Council by the City Engineer and Planning and Growth Management Director, no later than thirty (30) days after receipt of the completion certificate. Upon such approval, the City Clerk shall submit the final plat to the Office of the Clerk of the Circuit Court for recording. 2. Completion of Required Improvements after Recording of Plat. When the applicant desires to record the plat in lieu of prior construction of required improvements, the applicant shall file with the city surety documents guaranteeing that such improvements will be installed. All guarantees shall be incorporated in a bonded agreement for the construction of the required improvements in the form , Land Development Code Page XIX-16 City of Sebas 5/18/2000 11:00 AM Chapter IV: Arlrn~n~.,~afion of Development Plan Review and Subdiv~'on A~tide XIX: Subdivision prescribed in the appendix of this ordinance. Ail agreements, guarantees and documents shall be subject to approval of the City Attorney and City Council. The guarantee shall be in one of the following forms unless an altemate irrevocable form is approved in writing by the City Attorney and is approved by the City Council: Performance Guarantees. A guarantee shall be required from the applicant who chooses not to install the required improvements prior to final plat approval providing guarantees to ensure the proper installation of required street, utility, and other improvements, in the event of default by the applicant. The guarantee shall be presented in one of the follo~ing forms: Cash Deposit. The applicant shall deposit With the city or place in au escrowed bank account subject to the control of the city, cash in the full amount of one hundred ten (110) percent of engineering and consWuction costs for the installation and completion of the requited improvements. The applicant shall be entitled to receive all interest earned on such deposit or account. In the event of default by the applicant or failure of the applicant to complete such improvements within the time required by this ordinance, the city, after sixty (60) calendar days' written notice to the applicant, shall have the 'right to use such cash deposit or account to secure satisfactory completion of the required improvements; or b. Personal Bond with Letter of Credit. The! applicant may furnish to the city a personal bond secured by an unconditional and irrevocable letter of credit, in an amount equal to one hundred ten (110) percent of the total estimated cost of engineering and construction for the installation and completion of the required improvements. The expiration date of the letter of credit shall be at least three (3) months following the date of certification of all improvements. The letter of credit shall be issued ~o the City by a State of Florida or Federal 'banking institution. Such letter of credit shall be in th~ form approved by the City Attorney. In the event of default by the applicant or failure of the applicant ~) com-)lete such improvements within the time required by this ordinance, the city, after sixty (60) calendar days' written notice to the applicant, shall have the rightof thet°requiredUSe anYimprovements;funds resultingorfrOm drafts on. the letter of credit to secure satisfactory completion c. Sure~y Bond. The applicant may furnish the City a surety bond obtained fi:om a company having a Beat's rating of AAA, guaranteeing that within the time required by this ordinance, all work required will be completed in full accordance with the plat and all conditions attached thereto, copies of which shall be attached to and constitute.a part of the bonded agreement. Said bond shall be in the amount equal to one hundred ten (1 li0) percent of the total estimated cost of engineering and construction for the installation and comPletion of all required improvements. In the event of default by the applicant or failure of the appliCaut to complete such improvements within the time required by this ordinance, the city, after sixty (60) calendax days' written notice to the applicant, shall call on the bond to ensure satisfactory completion of the required improvements. SECTION 54-4-19.6: ADMINISTRATION OF coNSTRUCTION A. Construction Management Plan and inspection Schedule. In cases where the proposed development contains two or more phases and/or the project's proposed construction schedule/s anticipated to exceed a period of one (1) year, the applicant shall be required to submit a construction management plan and inspection schedule as part of the site plan. ~_~"~Land Development Code 5/18/9000 lh00 AM Pag~ XI~-17 City of Sebastian Chapter IV: Adminm' Irafion of Development Plan Review and Subdivision Article XI~ Subdivision performance criteria of Article XI. The design data of the drainage system shall be submitted along with the construction plans in a report form prepared by the applicant's engineer indicating the method of control of storm and ground water pursuant to criteria established in Article XII. Dedication of Lands for Parks and Recreation. All residential development shall provide an equitable dedication of land for public park purposes and/or fees in lieu thereof pursuant to the standards stated below and shall comply with concurrency management provisions of Article IX, "Concurrency Management." The standards provided herein are stipulated to implement policies within the parks and recreation element. The standards shall apply to all residential applications for subdivision approval. No property shall be assessed twice for respective subdivision plat applications unless a rezouing subsequently increases the density permitted on a parcel(s) of land. Requirements. As a condition of development, the applicant shall dedicate land to the City of Sebastian, pay a fee in lieu thereof, or a combination thereof, at the option of the City for park and recreational purposes at the time and according to the standards and formula described in this section. General Standard. Four (4) acres of property for each one thousand (1,000) persons residing in the City be devoted for park and recreational purposes. To determine park and recreational land to be dedicated within the service area of proposed developments, analysis shall consider available · facilities inventoried in the City of Sebastian Comprehensive Plan: Data Inventory and Analysis. Prior to dedicating such land, the applicant shall provide the City with an environmental audit performed by a registered engineer evidencing that the property does not contain any contaminated or hazardous materials defined by law. Fees in Lieu of Land Dedication. If it is demonstrated by the applicant to the satisfaction of the City Council that no park or recreation facility can be located in whole or part within the proposed development to serve the immediate and future needs of the residents of the development, or if the proposed development shall consist of fifty (50) dwelling units or less, the applicant may, in lieu of dedicating land, pay a fee.equal to the fair market value of the land which would have been required to be dedicated. ¸4. Use of Money. The money collected shall be paid to the City of Sebastian and placed in a reserve account within a special fund. The monies and accrued interest from fees paid 'for any given development shall be used solely for acquisition of parkland or facilities reasonably related to serving said development.. Determination of Fair Market Value. Where a fee is required to be paid in lieu of land dedication, the value of the property shall be determined by the value per acre assigned by the Indian River County Property Appraiser on the most recent tax roll or the sale price at the most recent sale of the property, whichever is greater. 6. Technical Standards for Determining Dedication Requirement. a. Dedication Formula. The following formula shall be used: Average Number of Persons Per Dwelling Unit X 4 Acres Per 1,000 Persons = Acreage Requirement Per Dwelling Unit. Example for a single family dwelling unit: University of Florida Shimberg Center, 1996 Assessment of Affordable Housing in City of Sebastian: 2.50 Persons/Unit x 4 Acres Per 1,000 Persons = 0.01Acres/Unit Page XIX-27 Land Development Code 5/18/2000 11:00 AM City of Sebas~ Chapt~ IV: Admi~u'~ion of' Dc-~opm~ Plan Review and Su 'b&v~on Ar~e XIX; Sub&vim'on ROW width shall be increased by at least 10 feet on each side of any arterial or major collector road for a minimum distance of 200 fcctifrom its intersection with another arterial or major collector road or street pursuant to proper'intersection design. Ail arterial and collector roads shall have a minimum of 12i~ travel lane Width. Local streets may have a minimum of 10 feet travel lane. Arterial Roadways: These roadways move traffic to, from and through thc County. STREET CLASSIFICATION -OF-WAY Collector Streets: 140 feet Major Collector Streets: These streets serve to collect heavy volumes of traffic from local streets and developed areas and distribute the traffic to arterial roadways. Minor Collector Streets: These streets collect traffic fxom local streets and distribute traffic to major collectors and arterials. Local Streets: These streets provide access to residential development and distribute traffic to collector and arterial streets where commercial development and major community activity centers are located. 80 feet 60 feet 60 feet (if served by swales) 50 feet (if served by curb and gutter) h. 'Dead End Streets (cul-de-sacs). Dead-en~ ! streets shall be prohibited except when designed as a cul-de-sac. Such streets shall not exceed the length of six hundred (600) feet in length except where natural geographic barriers exist ~lecessitating a greater length approved by the city .engineer. When constructed wath a curb and gutter, cul-de-sacs shall have fifty (50) feet of right-of-way approach to a 90,foot diameter turnaround circle. When constructed with swale drainage, cul-de-sacs shall have sixty (60)[feet of right-of-way approach to a one hundred-foot diameter turnaround circle or fifty (50) feet of right-of-way with a dedicated easement ten (10) feet wide on each side. Width of surface course of pavement sha~ be twenty (20) feet on the approach and sixty (60) feet diameter for the turnaround. Approach and turnaround shall be constructed in accordance with this ordinance. If a dead-end street is pfa temporary nature, an adequate turnaround within the proposed right-of-way shall be require~i. When one (1) or more temporary turnarounds are shown, the following note shall be includedon the plat. "The area on this plat designated .... as "t emp' orary turnaround" will be constructed and used as other streets on the subdiwsmn until [name(s) of street(s)] is/are extended to [name(s) of street(s)] at which time the land in the temporary turnaround area will be abandoned for street purposes and will revert to adjoining lot oWners in accordance with specific provisions in their respective deeds." {' i. Construction in Muck Areas. The design of streets proposed in excessive muck areas shall be considered on an individual basis. A ~orida~ Registered Engineer shall certify all plans Land Development Code Page XI~-82 City of Sebastian 5/18/2000 11:00 AM { Chapter IV: Administnition of Plan Review and Subdivisions Article XXI: Overlay District Regulations 10. 11. ROOF SLOPE DISTANCE Less than 10 feet 10 to 20 feet Greater than 20 feet .MAXIMUM FASCIA HEIGHT 8 inches 12 inches 16 inches Plastic or metal is prohibited as a finish material for walls or trim. Plastic is prohibited as a finish material for sloped roofs, visible roof structures, and fascias. Although prohibited in general, certain metal and plastic construction products may be approved by the Planning and Zoning Commission, upon a written request and product sample submitted by the applicant. The Planning and Zoning Commission may approve use of the material if the following criteria are satisfied: i. The product shall appear authentic from the closest distance that it will bc viewed by the general public. ii. The product Shall be substantial. Thin and flimsy imitations are unacceptable. iii. The product shall hold up as well as the product it is imitating. That is, it must be fabricated in such a way that it will retain its original shape, appearance, and color, as well as the product it is imitating. iv. The product's color shall resemble the color of the product it is imitating. Any exposed masonry in a stack bond is prohibited. Lighting that follows the form of the building, parts of the building, or building elements is prohibited. Neon lighting, fiber optics, or similar system trim where the neon tube, fiber optics or similar system is visible is prohibited (This restriction includes site signage) Backlit transparent architectural elements, backlit architectural elements, as well as illuminated or backlit awnings and roof elements are prohibited. This does not prohibit the use of glass blocks or the use of an illuminated sign attached to a building. Facades that appear to be primarily awnings are prohibited. An awning shall not run continuously for more than thirty (30) percent of the length of any single fagade. Placement of awning segments shall relate to building features (e.g. doorways and windows), where possible. Ay, ming segments shall not exceed twenty-five (25) percent of the area of any single facade. "Drive-up" windows or "amusement loud speakers" located on a building facade that faces a residential use are prohibited. They shall not be located on a building facade that faces Indian River Drive except for special events as permitted by the City Council. Accessory structures, including sheds, out-buildings, dumpster enclosures, and screening structures, shall match the style, finish, and color of the site's main building. Metal utility sheds and temporary car canopies are prohibited. Land Development Code 5/18/2000 12:31 PM Page XX~-7 Chapter IV: Administration of Plan Review and Subdivisions Article XXI: Overlay District Regulations CR 512 and Thoroughfare Plan Road Buffen Within the corridor plan area, the .following landscape buffer shall be provided along the entire length of a site's CR 512 frontage, except for approved driveways: Buffer De~th 10 feet CR-512 Frontage Over 400 feet 250 to 400 feet 10 feet Less than 250 feet 10 feet Minimum Planting/Berm Requirements per 100' 5 canopy trees 6 Understory trees Continuous hedge~: 2.5 - 3 feet high at planting Berm: 1' - 1.5' high~ 4.5 Canopy trees 5.5 Understory trees Continuous hedge~: 1.5 - 2.5 feet high at planting Berm: 1.5' - 2.5' high 4 Canopy ~rees 5 Understory trees Continuous hedge~: 1.5 - 2.5 feet high at planting Berm: 1.5' - 3' high~ ~ NOTE: The hedge and berm combination shall provide a visual screen four (4) feet high above the grade of the project site parking area. Hedge material shall provide full screening to the ground; therefore, mix myrtles and shrubs with similar leafing characteristics shall not be used for hedge material unless a double row arrangement is used. At the time of a certificate of oeenpaney (CO) for the project site, the combination of berming and hedging shall provide a four-foot visual screen, subject to City sight distance requirements. Undulations in the berm and corresponding hedge height are encouraged. Land Development Code 5/18/2000 12:31 PM Hedge shrubs shall be planted no farther apart than t~venty-four (24) inches on center along the length of the buffer strip, to form a hedge that appears icontinuous as viewed from the roadWay being buffered. Berms shall have a slope no steeper than three (3) horizontal to one (1) vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the Planning and Growth Management Director or his designee. Clustering of trees along the buffer strip is encouraged, and uniform spacing of trees is discouraged, except where used to emphasize a particular plantiag theme or development style. Hedge plantings may be asymmetrical, and a buffer wall not to ex~eed four (4) feet in height except as specified below, is allowed within ~he middle one-third (1/3) of the buffer strip's width (measured perpendicular to the road being buffered) if landseaphag material is planted on each side of the wall. Special Buffer For Millti-]~amily Projects. Multi-family projects shall provide the CR512 and Thoroughfare Plan Road buffer as described above; with the additional requirement that the buffer shall include a six-foot opaque screen consistent with specifications in Article XIV. Where a wall or fence is used, such wall or fence shall be located with the middle one.third of the buffer strip's width (measured perpendicular to the road being buffed), and landscaping material shall be planted on each side of the wall or fence. Landscape islands. Landscape islands shall be baekfilled at least to the top of curb or protective bamer, and may be bermed to a maximum heigh{ of twenty-four (24) inches above the adjacent parking lot grade. Pag~ XXI-29 · City of Sebastian C]~pt~r V; Glossary Artide XXII: ~nguage and De~-;*~ons SIGN, CONSTRUCTION. A temporary sign erected on the parcel on which construction is taking place pursuant to a valid permit, limited to the duration of the construction, indicating the names, addresses and telephone numbers of the architects, engineers, landscape architects, contractors, or similar artisans, and the owner, financial supporters, sponsors, and similar individuals or firms having a major role or interest with respect to the structure or project. SIGN, DIRECTIONAL. Any sign (other than a highway marker or any sign erected and maintained by public authority, or a public utility) which is designed, erected and maintained for the purpose of directing persons to a place, structure, or activity located in the City, but not located on the same premises as the sign. SIGN, FLAGS. A piece of fabric of distinctive design, color or pattern that is used as a symbol of some country, state, county, city, political party, organization or other entity and used for symbolic non-commercial purposes. SIGN, FLASilrlNG. Any sign, used for identification, directional, advertising or promotional purposes, which flash, blink, cut on and off intermittently, and are used as exterior signs or interior signs visible from the public right-of-way. Changeable copy signs and time/temperature signs are not considered Flashing signs. SIGN, FREESTANDING. A sign which is supported by one (1) or more columns, uprights, or braces in or upon the ground and independent of any support from buildings or other structures. Included are pole signs, pylon signs and masonry wall-type signs. This does not include portable or trailer type signs. SIGN, FUTURE TENANT IDENTIFICATION. A temporary sign which identifies a future use of a site or building. SIGN, GARAGE SALE. A sign which identifies the location and/or time of a general sale open to the public from or on residential property located in any zoning district. SIGN, GRAND OPENING. A sign announcing the opening of a new business or the relocation of an existing business within the City. Grand Opening does not mean an annual or occasional promotion of retail sales by a business. SIGN, HOLIDAY. Displays, including lighting, erected in connection with the observance of holidays. SIGN, IDENTIFICATION. One (1) sign per business location not more than three (3) square feet in area, painted on a wall or door or attached to the building used to identify the name of the business, or the name and logo in combination and/or its principals and address located therein. The top of said sign shall be no more than eight (8) feet above ground level. SIGN, ILLUMINATED. A sign in which a source of light is used in order to make the message readable, including internally and externally lighted signs, where the immediate source of illumination is not enclosed by the surface of the sign structure. Neon tubes used as abstract, graphic, decorative, or architectural elements shall be considered to constitute an illuminated sign. SIGN, INSTRUCTIONAL. A sign, without advertising, designed and intended to convey information, instructions or warnings with respect to the premises on which it is maintained. (e.g. "Danger-Bad Dog,", "Keep Off", "Secured by x.y.z. Security Company".) SIGN, MONUMENT. An independent structure supported from grade to the bottom of the sign with the appearance of having a solid base. SIGN, MARQUEE. Any sign attached to the side or from or hung under a marquee, which sign shall not extend above the top of a marquee or shall not be mounted upon the top of the marquee. Development Code Page XXII-20 City of Sebastian Land 5/18/2000 12:33 PM Chapter ¥: Glossary Article XXH: !~ ~l Definitions C. Commercial Activities Adult Entertainment Establishments. Any of thC following described businesses: Adult arcade, adult bookstore, adult dancing establishment, adult motion picture booth, adult mini-motion picture theater or drive-in, adult motel/hotel, adult personal service business and adult theater. Bars and Lounges. A commercial establishment selling and dispensing, for the drinking on the premises, of liquor, malt, wine or other alcoholic beverages. This shall not include the sale of alcoholic beverages accessory to and within a restaurant use daly licensed by the State as a restaurant. Bed and Breakfast An owner-occupied dwelling' unit where quest room lodging, with or without meals, is provided for compensation. Boat Sales and Rentals. A commercial establishn~ent where boat sales and rentals may occur together with servicing and sales of marine supplies but excluding boat or ship building. Business and Professional Offices. Government offices and private for-profit offices extending advice, information or consultation of a professional nature~ Offices exclude commercial storage of goods and possessions for the purpose of sale or resale as a principal use. Commercial Retail Use. A use that sells goods or Services at retail. Commercial Amusements. Establishments engaged primarily in providing amusement or entertainment for a fee or admission charge. · Farmers Market Sale of agricultural produce within an enclosed building. Flea Market. Those uses which revolve the setting up of two (2) or more booths, tables, platforms, racks or similar display areas for the purpose o4 selli,g or buying merchandise, goods, materials, products or other items offered for sale inside an ~Closed bUilding. A "flea market" as defined herein shall not be intended to include a "garage sale," "bake sale," fruit or produce stands, or art festivals or any similar activities. Fish Markets and Packing Facilities. CommerCial establishments for the receiving, processing, packaging, storage, wholesale or retail distribution and sale of products of the sea. Such an establishment may include facilities of the dockingi loading, unloading, fueling, icing and provision of vessels and for the drying, maintenance, and storage! of equipment. Funeral Homes. A premises, structure or site uses as a commercial establishment for the preparation of deceased hUmans for burial and/or for the conduction of funeral services prior to burial or other disposition of deceased human remains. Gasoline Sales. Any structure, bUilding or land uied for retail sales and dispensing of motor vehicle fuels or oils, whether self-service or not. A serviceI station may furnish supplies, equipment and minor repair services, including tires to vehicles incidentallto selling and dispensing of motor vehicle fuels and oils. Hotels/Motels. A building with dwelling units for accommodation of transient guests or tenants. Kennels. Facilities for the boarding of domestic dogs and cats and veterinary medical operations. Manufacturing Facilities. To fabricate; assemble or concoct, from raw materials, goods that are I.anintended for sale and distribution. d Development Code Page XXII-~O City of Sebastian 5/18/2000 12:88 PM Modifications to Subsection 20A-2-$.2.4 (Pages V-6 and V- 7): ' OPTIOI~ I SUBSECTION 20A-2-5.2.4: SINGLE FAMILY RESIDENTIAL DiSTRICT (RS-10) D. DI3~NSIOIgAL REGULATIONS 2. Maximum Height: 25 fe~ except as provided in subparagraph 8, below. 8. Extended H~ight: 'A dwelling will be allowed to build up to 3 heigh, if the following conditions are all met: a. The dwelling must be placed On no less than two platted, loTs having a Combined area in excess of' 17,500 square feeti A maximum o£r~vo floors of'living area shall be allowed except a loft area of no more than 400 square feet may be constructed above ~he second floor; ' ' c. Extended setbacks shall be required of 30 feet for the Front Setback, and 25 feet for Side Setbacks; . d. Koofs shall have a slope of' no less than 5:12; e. No variances shall be allowed from the restrictions of this subparagraph 8. OPTION SUBSECTION 20A-2-5.2.4: SINGLE FA_M~Y RESIDENTIAL DISTRICT (RS-10) D. D~IENSIONAL REGULATIONS Maximura Height: 25 feet, exc~t as provided in subparagraph 8, below. Extended Height: ! A dwelling ~ be ~owed.to build up to 35 feet in height if'the following conditions are all met: The dwelling must :be Placext on no less th~ two pla~ed lots having a combined area in ~rcess of 17,500 square fe~; A~ maximum of two floors of living area shall be'allowed except a loft area of no more than 400 square feet may be constructed above the second floor; Additional setbae1~ of one foot for each foot of height over 25 feet shall be required fi.om the fi.ont and side lot lines; Roofs shall have a ilope of no less than 5:12; No variances sh~ll be allowed from the restrictions of this subparagraph 8. Modifications to Subsection 20A-3-~4. 6 (Pages XTV-3): OPTION I SUBSECT/ON 20A-3-14.6:-RESIDENTIAL LANDSCAPING REQUIREMENTS. All areas of r~sidenfial lots.., or waterways are exempt from this requirement. In addition to the Tree Requirements set forth below, each residential lot shall have a minimum of one shrub, planted along the front foundation of the dwelling for every ten linear feet of building front. These shrubs may be planted in a group or groupings, and must at planting have a minimum height equal to one-tenth the height of the dwelling. OPTION .H. SITBSECTION 20A-3-14.6: RESIDENTIAL LANDSCAPING REQUI]gEM~S. All areas of residential lots. or waterways are exempt from this requirement. In addition to the Tree Requirements set forth below, each residential lot shall have a minimum of one shrub planted along the fi-ont foundation of the dwelling for every 6 linear £eet of building fi-ont. These shrubs may be planted in a group or groupings, and at planting half of said shrubs must have a minimum height equal to one-tenth the height of the dwelling. City of Sebastian, Florida Subject: Resolution R-00-30 Golf Course Rate ~lorcases Exhibits: Resolution R-00-30 EXP~,ND1TUI~ REQU]HED: N/A Agencla No, D~artment Origin: Golf Course/Finance Date Submitted: May 18, 2000 For Agenda of: May 24, 2000 AMOUNT BUDGETED: N/A APPROPRIATION REQLr/KED: N/A SUMMARY Since October 1, 1997, there have been no changes in rates at the golf course, however, there had been no real changes in the cost of operating the course since all contracts had been in place for the duration of those rates. There is, however, changes in the operating levels for FY 2001. There will be au increase in fees for the golf course maintenance contract. While the golf course was able to absorb the increase in Fiscal Year 2000, contract stipulations require CPI (consumer price index) increases annually for the duration of the contract (5 years). This equates to approximately $10,000 to $15,000 per year. Also, the lease for golf carts will go up from previous levels by approximately $13,000 in FY 2001 and for each of the two years thereafter, again necessitating that rates increase to keep pace with inflation. The change in management, ~om a contractor, to a full-time manager, etc., will require that rates keep pace with the costs of personnel. Even though the City will gain back the fees associated with the driving range, this will not be enough to provide funding for the increases. Following the changes in rates, the Golf Course rate structure will remain at or below the rates of the municipal golf courses in the surrounding area. RECOMMZNDED ACTION Move to adopt Resolution R-00-30, establishing golf course rates. RESOLUTION NO. R-00-30 A RESOLUTION OF ~ CITY OF' SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO FEES AT THE SEBASTIAN MI. YNICI~AL GOLF COURSE; AUTHOlllZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING .FOR AMORTIZATION OF MEMBERSlt-I'PS; PROVI]D~G FOR EXPIItATION OF GIFT CERTIlilCATES; PROVIDING FOR CONlrLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Resolution R-97-65 pertaining to golf course fees commencing October 1st, 1997; and WHEREAS, after many years of unchanged fees, increased expenses at the golf course mandates an increase in the fee structure; and WHEREAS, the financial feasibility of the golf course operations will be best preserved by not a~cepting any new memberships at the course; and WHEREAS, there is a need to institute inventory control measures for the use of gift certificates at the Golf Course; NOW, THEREFORE, BE IT RESOLVEII BY THF~ CITY COUNCIL OF CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOll IDA, as follows: Section 1. ANNUAL MEMBERSHIP KATES. Commencing with memberships for thc year 2000-2001, the annual membersNp fees for the Sebastian Municipal Golf Course shall be as follows: Sebastian Resident Family $ 900.00 Single $ 630.00 Non-Resident Family $1,100.00 Single $ 840.00 Additional Amenities Bag Storage $ 40.00 Per Bag Foot Locker $15.00 Family membership means a married couple residing together and all dependents living at home under lhe age of twenty-one (21) years. Proof of residency is required to obtain Sebastian Resident rates. All of the above are subject to a 7% sales tax. Renewal of an existing membership is due on or before October 1st of each year. Section 2. MEMBER DAILY RATES. Member rates, including greens fees and golf cart fees, for the Sebastian Municipal Golf Course effective as of October 1, 2000, are hereby established as follows: SEASO~ NOVEMBER 15 to AP1HI, 15 Ride 18 Holes Ride 9 Holes Walk 1 $ Holes Walk 9 Holes Ride 18 Holes Ride 9 Holes Walk .~ange $15.00 - $17.00 $10.00- $11.00 $9.00 $5.00 OFF SEA~ APRIL 16 to NOY $10.00 - $14.00 $7.00 - $9.00 No Charge Conditions AH Day - Everyday After 1:30 p.m. When Tee is Open After 1 p.m. All Days After 1:30 p.m. When Tee is Open ION EMBER 14 Conditions AH Day - Everyday AH Day - Everyday All Day - Weekdays After 1 p.m. Weekends & Holidays Section 3. NON-MEMBER DAILY RATES. Non-member rates, including greens fees and golf cart fees, and general charges for the Sebaslian Municipal Golf Course, effective as of October 1, 2000, are hereby established as follows: 3 SEASON** NOVEMBER 15 to APRIL 15 Ride 18 Holes Ride 9 Holes Walk 18 Holes Walk 9 Holes Ir. G-off Green Fee 18 Hole Rider Fee 9 Hole Rider Fee Replay 18 Holes Replay 9 Holes Range $33.00 - $41.00 $18.00 - $22.00 $23.00 - $28.00 $16.00 - $20.00 $2.00 $15.00 $10.00 $15.00 $10.00 Conditions All Day - Everyday After 1:30 p.m. When Tee is Open After 1 p.m. All Days After 1:30 p.m. When Tee is Open After 2 p.m. Must Accompany a Riding Player Must Accompany a Riding Player Same Day Only Same Day Only ** Resident Card Discount of $2.00 - $5.00 (Does Not Apply on Jr. Golf Green Fee or Any Special Rates) available in season with purchase of one-year Resident's Card for $25.00 fee OFF SEASON APRIL 16 to NOVEMBER 14 Ride 18 Holes Ride 18 Holes Ride 9 Holes Ride 9 Holes Walk 18 Holes Range $20.00 - $22.00 $15.00 - $20.00 $14.00 - $18.00 $11.00 - $16.00 $11.00 - $14.00 (continued) Conditions 7 a.m. - Noon After 12 Noon Before 5 p.m. At~er 5 p.m. Ail Day Weekdays After 1 p.m. Weekends & Holidays I I I Walk 9 Holes $7.00 - $10.00 All Day Weekdays I After 1 p.m. Weekends & Holidays I Special Cards $17.00 - $21.00 All Day Weekdays After 12 Noon Weekends &Holidays I Jr. Golf G-teen Fee $2.00 Aider 12 Noon All Days 18 Hole Rider Fee $10.00 Must Accompany a Riding Player I 9 Hole Rider Fee $7.00 Must Accompany a Riding Player Replay 18 Holes $10.00 Same Day Only i P. eplay 9 Holes $7.00 Same Day Only i GROUP RATES I WEEIQ)AYS LEAGUES WEEKENDS & HOL]/)AYS $ 9.00- $17.00 $9.00- $11.00 $15.00 - $20.00 I I GENERAL CHARGES i Range Balls $2.00 Per Token/6 TOkens for $10.00 Jr. Bucket 50¢ Per Token Handicap Fee $15.00 Per Person Annually 1 Lessons $25 - $40 Per Half ri!ur All of the above are subject to 7% sales tax. ! Section 4. ADJUSTMENTS. The hours and conditions set forth in Sections Two and Three may be adjusted at the discretion of the Go~f Course Manager, due to amount of play and I ea competitive conditions. The Golf Course Manager is authorized to establish the rate within i the approved range due to amount of play and area competitive conditions. The Manager is authorized to advertise, and/or promote use of the Golf Course within the promotions budget account and, with the approval of the City Manager, can run special promotional rates and match special rates being promoted by competitors within the area. Section 5. AMORTIZATION OF MEMBERSHIPS. No new memberships shall be issued for the Sebastian Municipal Golf Course as of the effective date hereof. However, memberships that were in effect at some time during the three year period prior hereto, but were refunded due to health concerns, may be reinstated. Persons covered under a Family Membership existhag as of the effective date hereof may convert into Individual Memberships as the situation merits. All existing memberships shall be allowed to renew annually and continue in effect for the life of the member, however, any~ membership that lapses and remains unrenewed for one year, other than for documented health reasons, shall be permanently discontinued. Section 6. GIFT CERTIFICATES. Any ~ certificates issued for the Golf Course and its facilities shall expire on September 30 of the fiscal year in which they are issued. R~PEAL. All Resolutions or parts of Resolutions in conflict herewith are Section 7. repealed. Section 8. EFFECTIVE DATE. This Resolution shall take effect immediately upon passage, and continues in effect unless changed by Resolution of the City Council of Sebastian, Florida. foresoing Resolution was moved for adoption The motion' was seconded by Councilmember by Councilmember and, upon being put to. a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember.Joe Barczyk ' Councilmember James Hill · Couneilmember Edward J. Majeher, jr. The Mayor thereupon declared this Resolution duly passed and adopted this 24th day of May, 200O. ATTEST: CITY OF SEBASTIAN, FLORIDA Kathryn M. O'Ylall°ran, MMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney By: Mayor Walter Barnes 7 City of Sebastian Subject: BOARD OF ADJUSTMENT Department Origin: City Clerk Date Submitted: ~-~- For Agenda of: Exhibits: application, board member list, advertisement Expenditure Required: Amount Budgeted: 5/15/2000 5/24/2000 Appropriation Required: S U MMARY {~T&TFM F=NT The Board of Adjustment has a regular member position open due to the ·term expiration of Gregory Gore on June 1,2000. This was advertised as required and one application was received. RECOMMENDED ACTION Interview applicant, unless waived by council, and appoint as follows: 1. One regular member position - - term to expire 6/1/2003 PPLICATION TO SERVE ON C['I~B_.OARD/COM'M'IT~E (All City Board and Committee Members. Must be Residents oft. he City of Sebastian) -~ ~-' HOME PHONE: .5"~ / - 3 q l~- ~ ;il q HOME FAX: --"-- E-MAIL: BUSINESS ADDRF.~S: "" ' ..... BUS]NESS PHON~: BUS]NF. SS FAX: APE YOU A REGISTERED VOTEK? ,/. HOW LONG HAVE YoU BEEN A RESIDENT OF SEBASTIAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PKESENTLY SEKVE ON ANY OTHEK CITY BOARD OR. COMMITTEE? W~CH BOAKDS/COMMrrTEES? ,4/5) PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SEKVINO IN ORDER OF PKEFERA'NCE WITH FIRST CHOICE BEING #I: /BOARD OF ADJUSTMENT CHARTER P. EVIEW COMMrrTEE (se~t~s only 6 ~ ~ 7 ~) /C~SB~.~ ~~Y BO~ CODE ~OR~ BO~ " CONS~U~ON BO~ ~I~P~ S~F-~UA~ON CO~ P~G ~ ZO~G CO--SION PONCE ~ BO~ OF ~US~ ~C~ON~ ~SOKY BO~ ~ ~SOKY BO~ O~K ~O~Y CO~ ~ m CO~ AVE YOU EVBK BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? A/0 LIST ANY ADDmONAL QUALIFICATIONS TO SERVE ON BOARD OK COMMITTEE: u ~ ~ ~ ~ s .cra ~'/~z-,~ ~ HAVE YOU EVEN BEEN 'CONVICTED OF ANY MISD~ANOK INVOLVING MOP.AL TURtlE IN TI:IlS OK ANY STATE?. woutz) You commn s~xv~e os x ~ox~m o~x.~ um O~(S)..SSLSCrSO ABOVE? ~l'~z ~c ,, I h~r~by ~ that I am qual~d to hold th~ position for which this application is made. Further, I h~r~by authoriz~ th~ City of Sebastian to investigag ~h~ tmthfulm~s of all information which I havc provided in this application I und~stand that any misr~r~ntation or omrni-'~Sion of information r~qu~.sted in this application is oaus~ for disqualification. I have lx=n provid~ with, mad and und~stand City o£ ScbaStim Code of Ordinances Sections 2-166 through 2-173 Information relative to a specific board g' ~;~- is available ifmque~te& =: ~,~ ~YOOMMISSION~7~ ~r~. 4t5/99 .,¢~¢'d. , by or has 'produced ~F.K OF BOARD TEEMS AND YEARS FOP. EACH INDIVIDUAL ARE Ag OF 3/1/2000 AND WILL BE REVISED AT THE BEGINNING OF EACH MONTH. MEETINOS AKE HELD ON THE FIKST TUESDAY OF EACH MONTH AT ?:00 P.M. IN THE CITY COUNCIL CHAMBERS. JAlV[E5 G. 5CIqMITZ ~37 STARFLOWER. AVEN]~ SEBASTIAN, FLORIDA 32~5~ BOARD OF ADJUSTMENT THREE YEAK TE1LMS S31 BELFAST TEKKA~ MEMBE~~TI/ON: 6/96 SEBASTIAN, FLORIDA 3295g~.-~ ~ TO EXPIP. E: 6/97 589-4565 HOME. ~ KEAPPO~D'~G~ 5~9-0055 BusINEss ~ME~EK POSITION: ~/27/97 (c~ ,. APPOINTED UNtiXPiP~D REGULA~ MEMBEK POSITION OF FKANK OBERBECK: 2/98 TERM TO ExPn~E: 6/99 REAPPOINTED TO ,. MEMBEK POSITION 6/23/99 TERM TO ExPIP,.E:' 6/2002 KEITH MILLER 961 RlXrmt~ AVENUE SEBASTIAN, FLORIDA 32958 388-9004 (CURRENTLY 1ST FLJ'LL TERM- 3RD KEGULAR MEMBEK YEAR) APPOINTED UNEXP~ ALTERNATE ' MEMBEP. POSITION OF BOB FREELAND:' 2/9g TERM TO EXPIKE: :6/99 APPOINTED TO. UNEXPn~ED KEGULAR TEKM VACATED BY ,: ANDREW ALLOCCO: TERM TO EX]PIKE: (ALTERNATF. TEEMS AND YEARS NOT cOLrNTED) (NO FULL TERM. 1ST REGULAR MEMBEK YEAR) CLIVE M. BECKWITH 465 LIGHTHOUSE AVENUE SEBASTIAN, FLORIDA 32958 388-0414 HOME APPOINTED ALTERNATE M~MBEK PosmoN: 6/96' TERM TO EXPIPd~: 6/99 APPO .~.IlqTED KEGULAK MEMBEK POSITION VACATED BY ROBEKT CROCKETT: 6/23/99 TERM TO EXPiKE: 6/2002 3/24/99 6/1/2001 (ALTEKNATE TERMS AND YEARS NOT COUNTED) · (NO FULL TERM- 1ST REGUI. Ai~ MEMBER YEAR) 75 LOULgE KALrTENBURG 973 OSWEGO AVENUE SEBASTIAN, i~ORIDA 329515 589-gg23 HOME APPOINTED ALTERNATE MEMBER POSITION VACATED BY CLIVE BECKWF1/{: 7;25/99 TERM TO EX,IR.E: 6/2002 APPOINTED TO REGULAR lvfEMBER POSITION VACATED BY RONALD DEVITO: 1/12/2000 TEKM TO EXPIRE: 6/1;2001 (ALTEKNATE ~S AND ~ NOT COUNTED) (NO FULL TIKRM - 1ST KEGULAK MEMBER YEAK) PAUL P,. DUFFY 470 PERIWINKLE DRIVE SEBASTIAN, FLORIDA 32958 589-3245 APPOINTED ALTERNATE MEMBER POSITION VACATED BY KEITH MILLEPc ' 728/99 TERM TO EXPIR~: 6/2002 (ALTERNATE TERMS AND YEARS NOT COUNTED) HAKKY MARSHALL 825 K4.1LEY DR]WE SEBASTIAN, FLORIDA 32958 589.5139 HOME 589-4737 FAX APPOINTED ALTERNATE MEMBEK POSITION VACATED BY LOUISE KAUTENBU~G: 2/9/2000 TERM TO EXPIRE: 6;2002 (ALTERNATE TEKMS AND YEAP, S NOT COUNTED) BOARD SECRETARY - ANN BP, ACK MAy 1, 2000 ' PRESS' RELEASE BOARD OF ADJIJSTlVI~NT TIlE CITY OF 'sEBASTIAN IS SEEKING APPLICANTS TO FILL A REGULAR. PosrrioN oN THE BOAKD OF ~a~s,~. QU, .AIJI~,CA:TION$: RESIDENT OF Ti~ CITYOF SEBASTIAN THIS BOARD MEETS THE FIll. ST TUESDAY OF EACH MONTH AT. 7:00 P.M. IN THE ': CouNCIL CHAMB~. APPLICATIONS .ARE. AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BE~ THE HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTEDTI-IROUGH FRIDAY, MAY 12, 2000'. City of Sebastian, Florida Subject: Lease Agreement Between Orange Peel Enterprises d/b/a Greens + and the City of Sebastian A_ppro~ed for Sub~y4~Ci~ Manager t Agenda No. Department Origin: City Manager Date Submitted: 5-18-00 For Agenda of: 5-24-00 Exhibits: Proposed _6Lirport Lease Agreement between Orange Peel Enterprises, Inc., d/b/a Greens + and the City of Sebastian EXPENDITURE AMOUNT BUDGETED: I APPROPRIATION REQUIRED: N/A N/A I REQ~: SUMMARY For your review, the attached proposed Lease Agreement between Orange Peel Enterprises, Inc., dgo/a Greens + and the City of Sebastian, outlines certain terms and conditions, consistent with or in support of aviation activity. RECOMMENDED ACTION Move to authorize the City Manager to execute the Lease Agreement between Orange Peel Enterprises, Inc., dgo/a Greens + and the City of Sebastian. AIRPORT I Tills LEASE, made and emered into this ,EASE . day of May, 2000, by mad between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida~ (hereinafter referred to as the "LandlOrd"), and Orange Peel Enterprises, Inc. (hereinafter referred to as the "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties". WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River, Florida; and WI-IEREAS, the certain property constitUtes a portion of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); md WHEREAS, the certain property is available for industrial use for those activities consistent with or in support of aviation activity; and WHEREAS, the Landlord has agreed to l&ase such property to the Tenant subject to certain terms and conditions; and WHEREAS, the Tenant desires to lease ~e said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; NOW, TI-IEREFOKE, in consideration of the the receipt and sufficiency of which are hereby follows: Lease Agreement. mutual covenants hereinat~er provided, acknowledged, the parties have agreed as RECITALS. The above stated recitalsi are hereby incorporated by reference in this 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that portion of the real property of the Landlord which is described more particularly as a tract with an area of four acres, more or less, located on the southeast corner of Roseland Road and Airport Drive West with two hundred sixty feet (260') of frontage on Roseland Road, with a southern boundary running more or less perpendicular to the right-of-way of said Roseland Road to the point at which said boundary intersects with. the right-of-way line for the southward extension of Airport Drive West.. As part of the current project to update the Airport Master Plan, Landlord shall commission a survey of the premises described above, which surveyed lands shall constitute the actual Leased Premises, and a copy of said survey shall be attached hereto as an Addendum. 3. TERM OF LEASE. The initial term of this Lease shall be for a period of th/rty 00) years commencing June 1, 2000, and will end on the thirtieth (30th) anniversary of such date. However, during the first six months of the term, or until Tenant obtains a building permit for improvements upon the Leased Premises, Tenant may terminate .the lease herein upon written notice. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) For the leased premises the yearly rent shall be nine cents ($.09) per square foot as determined by the survey of the Leased Premises The parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In May of 2005, the Landlord will compare the most recent price index with the base price index for May 2000, and the yearly rent amount shall be increased based upon changes in the price index, if appropriate, on June 1, 2005. Another such adjustment shall be undertaken under the same methodology every fifth year thereat~er until the termination or lapse of this lease. Notwithstanding the above provisions, no single such adjustment shall exceed ten percent (10%) of the annual rent in place over the previous five years. cents. In no event, howeVer, shall the rent decrease below the square footage price of nine (b) The above rental for the leased premises shall be payable in advance, in quarterly installments, commencing from the date of commencement of this Lease, as described in Section 3 (above) and on a like day of every quarter thereafter during the term of this Lease. However, rent shall be abated during the first eighteen months of the term until an certificate of occupancy is granted for structural improvements to the site by Tenant. Upon issuance of said eertiticate of occupancy, a prorated amount of the installment for the then current quarter shall be paid. (c) In addition to the rental amount, the Tenant shall pay Florida sales tax, if applicable. (d) Time of the essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and.esSence hereof. In the event that any rental payment due hereunder shall not be paid within five days of when due, Tenant shall pay Landlord a late payment fee of 5% of the amount of sUch late Rental Payment. This charge shall be considered additional rent and not interest. 5. RENEWAL. During the twenty-sixfla year of the term, unless waived in writing by Tenant, Landlord shall commission a certified ~eal estate appraiser to place a valuation on the Leased Premises, including all improvemenls thereupon except those constructed by Tenant after the first twenty years of the term of this lease, and establish a rental value for the same. Within sixty days after delivery to Tenant of the following options: A. Accept the rent valuation therein an nonassignable, nonrenewable lease thirty additional years in accordance Bo the appraisal, Tenant may exercise either of ~ offer in writing to enter a ~xtension agreement for up to with the terms herein except applying the new base rental amoun I; Give notice of its intent to commission a second appraisal by a certified real estate appraiser. 1. If said appraisal results in a ~ental valuation within ten percent (10%) of the initial appraisfl, the figures shall be averaged. 2. Ifa disparity of greater than ten percent (10%) results, the respective appraisers shall confer and attempt to negotiate a compromise valuation. 3. Il'no compromise results, said appraisers shall jointly submit the name of a qualified appraiser to the parties who shall then jointly commission an appraisal therefrom. Said appraisal value will be used as the relevant figure if it falls between the values of the first two appraisals. If the value thereof falls outside the range of the first two appraisals, the relevant value shall be derived from averaging the three appraisals. Within thirty days of establishment of a rental value as set forth above, Tenant may exercise either option contained in subparagraphs A and C. C. Give notice of its intent to allow the lease to-eXPire at the end of term. If Landlord does not accept an offer to enter into a renewed lease, the lease shall expire at the end of the thirty year term and, at said eXPiration, Landlord shall pay Tenant the fair market value of the improvements constructed upon the Leased Premises as established in the appraisal required above. 6. I1VIPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the primary purposes of constructing a packaging and diuiaibufion center, and that in order to utilize the leased premises for this purpose, it will be necessary to construct improvements upon the leased premises. (a) The Tenant shall have the fight to use the leased premises for any lawful purpose described in Section 7 hereof, and shall have the right to construct upon the leased premises any buildings or other structures, provided any such buildings or structures do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the FAA prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the l~ederal Aviation Administration ("FAA"). (b) The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such buildings or structures. 7. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to Constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. The Tenant agrees that the leased premises shall be used by the Tenant primarily for the purposes of constructing and operating a packaging warehousing and/or distribution center. Any use of the leased premises other than those specifically stated above are expressly prohibited without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. 8. REPA]KS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements lOcated thereon or any part' thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof) and the parkiag and service areas located on the leased premises in a good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises be kept in an attractive manner at all times. Upon obtaining the prior written consent Of the Landlord, which consent may not be unreasonably withheld, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements ~s it deems appropriate, provided, however, that such alterations or renovations shall not dis~b the structural integrity of such existing improvements, and provided that the alterations or~ renovations shall comply with all applicable governmental regulations. ! ! I The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 9. UTILIT/ES. Electrical service is available in the vicinity of the Leased Premises. ILandlord shall be responsible for and fund extension of water and sewer lines along the right- of-way of Roseland Road adjacent to the LeaSed Premises. The Tenant shall be responsible for I and fund connection of its improvements to the utility systems. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service or any other utility or service consumed in connection with the leased premises. The Landlord shall have no liability for the interruption of any sUch services or utilities. 10. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must I approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. I 11. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes assessed I against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), 'together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts i therefor shall be provided to the Landlord upon request. · 12. LIABILITY INSUtlANCE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive public liability insurance coverage with respect to the leased premises, including those portions of the said premises used for I driveways, walkways, and parking areas. The insurance coverage to be maintained by the Tenant shall contain limits of not less than $500,000.00 for injury or death of any one person I and $1,000,000.00 for injury or death for any one accident, together with $500,000.00 for damage to property. Tenant agrees that, should there be an expansion of the use or occupancy I beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the ipreceding sentence during the term of this Lease by resolution of the City Council of the City of Sebastian. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph 12 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and sh~ name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant [shall provide copies of said policies to the Landlord. 13. PROPEKTY, FiRE A_ND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage equivalent to at a minimum the greater of the assessed value of the improvements to the Leased Premises or any outstanding encumbrances for said improvements. Upon request, the Tenant shall provide to the Landlord prove as to a certLficate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the ibuildings and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. -4ny policy or policies of insurance required pursuant to this Lease shall be issued by one Or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. All policies described in this Paragraph 13 shall contain a cla~use preventing cancellation of any coverage before thirty (30) days written notice to the L~a~dlord and shall nme the Landlord'as an additional insured. Upon the request of the Lani lord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any in~rease in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amour~t of said increase witl~n thirty days of notice of the same, 14.. DAMAG~ OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTI-~R CASUALTY-. In the event the building and/or other improvements erected on the premises are supers less than 50% damage by fire or other casualty, the Tenant agrees that it will cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord shall may abate or prorate the Tenant's rent for any period of time up to one year for any portion of the principal building that is unusable. In the event the building and/or other improvements erected on the premises are destroyed or.suffers more than 50% damage by fire or other casualty, the Tenant shall have the option to either cause said improvements to be replaced or repaired, continue with the lease without restoring the damaged improvement, or terminate the lease. In the event the Tenant elects to repair and/or replace the building and other improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds Paid to the Tenant on account of such damage nor shall the Landlord have any responsibility or obligation to make any expenditures toward the restoration of the improvements on the leased premises. Provided, however, that all restored improvements are repaired/replaced in a manner equal to or better than the improvement being restored. If the Tenant, under its option, elects not to restore the damaged improvements upon the leased premises, the Tenant shall remove all remaining portions of the damaged improvements and all rubble or debris resulting therefrom. After payment of cleating expenses, and of any mortgage attached to and occasioned by construction of said damaged/destroyed improvements, Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction, such proceeds to be the sole property of the Landlord. 15. INDEMN~ICATION. The Tenant agrees hereby to defend, indenmif)' and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and invitees, including all attorney's fees incurred by the Landlord in defending any such claims, excluding the intentional or negligent acts of the Landlord and its employees. This Paragraph 15 shall survive the termination or cancellation of the Lease. 16. ENV]~ONMENTAL MATTERS. It is agreed that Tenant will pay for a Level I environmental assessment of the premises pn~r to construction. In the event that said assessment reveals conditions which mandate a Level II or further assessment, payment for such further studies shall be the responsibility of the Landlord. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against' any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located-on the property and being caused by the Tenant or its sUb-Tenants. This Paragraph 16 shall survive the termination or cancellation of the Lease. 17. PREVENTION OF USE OF THE PREMISES. ~ after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section Seven of this Least, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Tenant may terminate this Lease by giving Landlord f~een days notice in writing. 18. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensatmn or proceeds awarded for the taking of the land, building and/or improvements on the leased premises, after payment of any mortgage attached to and occasioned by construction Of said improvements, shall belong to the Landlord. If the taking is to such an extent that iI is impracticable for the Tenant to con~'~inue the operation of its business on the leased premisei, the Lease may be terminated. Nothing herein shall prevent the Landlord[ and/or the Tenant from seeking any and all damages sUstained from the condemning authority by reason of the exercise of the power of eminent domain, 19. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 20. RIGHT-OF-WAY RESERVATION. It is specifically recognized that there are long-range expansions planned for Roseland Road that could require up to forty feet (40") of additional right-of-way at some time during the term of this lease. If any such right-of-way is needed, Landlord shall give Tenant at least thirty (30) days written notice of said need, and the rent shall be adjusted on a square footage basis. Tenant shall not construct any permanent improvements within the forty feet of frontage hereby reserved. In the event that any such right-of-way is needed and the use thereof creates a nonconformity to the Leased Premises, Landlord shall apply for and process any needed variances or permits occasioned by such nonconformance. 21. DEFAULT IN RENT. the Tenant to the Landlord shall If.any of said sums of money herein required to be paid by remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (l) Total acceleration. To accelerate the maturity of the rent installments for the balance of the term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all unmatured rent installments presently due and payable. (2) Partial acceleration. In lieu of the option in Sub-paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not 10 be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rem under the terms of this Lease for the period unaffected by said notice. (3) Other remedies. In addition to the !option herein granted above, the Landlord may exercise any and ail Other options available to it hereunder or Under law, which options may be eXercised concurrently or separately with the exercise of the above options. 22. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease, other than the payment of rent; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any conSideration required by this Lease, other than the payment of rent; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; .I; (e) The Tenants abandonment of any !substantial portion of the leased premises. "Abandonment" shall be reasonably determined bJ the Landlord; (f) The Tenant or any guarantor of Tenant s obligations hereunder, filing a petition for banlcmptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it Cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a .I transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public; Records oflnclian River County. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any k/nd or character upon the fight, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. Ail persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any revisions thereof, (i) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of 'the Tenant's obligations hereunder; 0) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant shall be in-default of any other term, provision or covenant of this Lease, other than those specified in subparts a through j, above, or the payment of rent. Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to perform any condition imposed herein upon the Tenant other than the payment of rent, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days from the date notice is sent by the Landlord within which' to remedy or correct such default. 23. II)ENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and tenant. 12 24. NOTICES AND REPORTS. Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made :in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: Tenant: City of Sebastian Attn.: City Manager 1225 Main Street Sebastian, FL 32958 Orange Peel Enterprises, Inc. Attn.: Scott A. Riley 2183 Ponce de Leon Circle Veto Beach, FL 32960 provided, however, that either party may designate a differem represemative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 25. RIGHT TO 12qSPECT. The Landlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; Co) To determine whether the Tenant is Oomplying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final sixty (60) days of the lease term, or at any ~ime after either party has notified the other that the Lease will be terminated for any reason, i No authorized entry by the Landlord sh~ constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation [of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 26. OWNERSHIP OF IMPROVENIENTS, FIXTU-RES AND PERSONAL PROPERTY. All buildings, structures and fixml'es of every kind now or hereafter erected or placed on the leased premises shall, at the end oflthe, term or earlier termination of this Lease, 13 ~ be and become the property of the Landlord and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. A fixture shall be defined as an article which has been physically annexed or affaxed to the realty by the Tenant and cannot be removed without permanent structural damage to the building. All other personalty owned by the Tenant at the expiration of the term or earlier termination of this Lease shall continue to be owned by Tenant and, at its option, may remove al/such personalty, provided the Tenant is not then in default of any covenant or condition of this Lease, otherwise all such property shall remain on the leased premises until the damages suffered by the Landlord fi.om any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at its expense. However, any such property remaining on the Leased Premises more than fifteen days. after said expiration shall be deemed the property of Landlord In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and fide defects of any kind. In case of the termination or the expiration of the Lease, or any extension hereunder that may be granted, the Tenant agrees to immediately surrender possession of the Leased Premises~ and all the buildings, edifices, etc. that are constructed by or on behalf of Tenant. 27. HEIGHT/~Z~ RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Landlord reserves unto itself~ its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the s~rface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircrffi, now known or hereafter use}i, for navigation oi flight in the airspace, and for use of said airspace for landing on, taking off.from, or operating on the Airport. 28. NONDISCRIMINATION. The Tenant for itself; its personal representatives, successors in interest and assigns, as part of the iconsideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination ia the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to 'discrimination; (iii) that the Tenant shall use the premises in compliance with all other requiremems imposed bY or pursuant to Title 49, Code of Federal Regulations, Department of Transpo~ation, Subtitle & Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of any alleged breach of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall mediately commence responsive action. 'Such action by the Tenant shall be diligently pursued to its conclusion, provided, however, Tenant shall be permitted to interpose any and all defenses, counterclaims or other legal measures which Tenant deems in good faith to be necessary or appropriate. If the Tenam shall then fail to commence or diligently pursue appropriate action, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvement! thereon. 29. ASSIGNME~ AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, i or otherwise transfer any right or interest hereunder without the prior written consent oB the Landlord, which consent may not be unreasonably withheld. If the Landlord consems,i in writing, to the assignmem, subletting or other transfer of any right or interest hereunder bylthe Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 30. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and trek respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 31. APPLICABLE LAW/VENLrE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. THE PARTI2ES HERETO SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JUll.Y IN ANY SUCH LEGAL PROCEEDING. 32. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in the venue. 33. RECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 34. MISCELLANEOUS. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the mount of and the value thereof, together with interest thereon, shall be secured by tiffs Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. 35. ENTIRE AGI~EMENT. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior or comemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instmmem in writing signed by each of the parties hereto. 16 IN WITNESS WHEKEOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: CITY OF SEBASTIAN A Municipal Corporation Kathryn M. O~alloran, CMC/AAE City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: By: Terrence R. Moore, City Manager Rich Stringer, City Attorney Orange Peel Emerprises, Inc. By: Its: Corporate Seal: 17 City of Sebastian, Florida Subject: Ordinance No. O-00-16 Amending Code of Ordinances Section 78-30, Community Redevelopment Trust Fund Exhibits: Ordinance No. O-00-16 Agenda No. Department ori~/n: Finance~ Date Submitted: May 17, 2000 For Agenda of.' May 24, 2000 Memo dated April 25, 2000 from Finance to City Manager explaining the Riverh-ont Redevelopment District. Copies of parts of F.S. 163.387 governing Redevelopment Districts · Summary of Changes to Code Section 78-30 EXPENDITURE AMOUNT BUDGETED: APPROPPZATION KEQLrlRED: N/A REQUIRED: N/A N/A SUlVIMARY During the past several weeks, the City Manager brought to the Council's attention the fact that the City of Sebastian has a Redevelopment District as defined by Florida Statute 163.387. For;~ reasons, the District was not funded, since its inception in Fiscal Year 1995. The language in the Ordinance has come into question regarding exemptions from the district levy to the Redevelopment District. This Ordinance amendment before you is to clear up those questions and to begin the process of funding the District. The Ordinance and its changes has been brought before the Redevelopment Agency for approval to go before the City Council for adoption. A Redevelopment District has two functions, one, to put the ad valorem taxes collected in the district back into the district for the purpose of maintaining the area and for, two, redevelopment. In addition, Florida Statutes allows for those taxing districts which would not benefit from or whose only source of income is from ad valorem taxes to be exempted from collection. The bulk of the amendments to the ordinance provides exemptions to those taxing authorities as well as, clean up some of the language, in the Ordinance. Attached please find justifications for the exemptions, parts of the Statute governing the exemptions and a copy of the Finance Department's memo to the City Manager exPlaiuing 'the Riverfront Redevelopment District which you have received before. RECOM3~NDED ACTION Move to approve Ordinance O-00-16, and set public hearing for June 28, 2000. ORDINANCE NO. O-00-16 AN ORDINANCE OF TH~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORII)A, AMENDING SECTION 78-30 OF ~ CODE OF ORDINANCES, COMMUNITY REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICT; PROVIDING FOR SEV~RABIIXTY; PROVIDING FOR AN EFFECTIVE DATE. Wi~F~REAS, the City has a community redevelopment trust fund pursuant to ordinance, and the vernacular establishing the same is not consistent with the requirements of state law; and WHEREAS, state law allows for the exemption of certain taxing authorities from the provisions for tax increment financing for community redevelopment districts, and it is in the best interest of the citizens of Sebastian that certain exemptions be granted; NOW, THEREFORE, BE iT ORDAINED BY TI~ CITY COUNCIL OF ~ CITY OF SEBASTIAN, INDIAN RIVER 'COUNTY, FLORIDA, as follows: Section 1. That section 78-30 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: : Sec. 78-30. Community redevelopment tl~USt fund. (a) There is hereby established and Created, in accordance with the provisions of F.S. §163.387, a community redevelopment[ trust fund, hereafter referred to as the "Fund". I (b) The monies allocated to and d~posited into the Fund are hereby appropriated to the City of Sebastian Community Redevelopment Agency, hereafter referred to as the "Agency", to finance projects within the community redevelopment district as e~ablished by Resolution No. project area, hereafter referred to as the "project" "l~istrict". The Agency shall utilize the monies and the revenue paid into and earned by the Fund for all and every community development purpose delegated to it by the established community redevelopment plan, hema~cr referred to aS the "plaa", and as further provided by law. The Fund is to exist for lllb~v (30) ye~s the-duration of the project progrq~ms or until legally terminated by ordinance. Said monies shall be held by the city for and on behalf of the Agency and distributed to the Agency in accordance with a subsequent agreement to be established between the city and the Agency (c) There shall be paid into the Fund each year by all taxing authorities within the pr-eje~, District. excluding the school district, following entities: P]gri~]~ ~II]~ ]Xlavigation District Ipdian River County Mosquito Contro!J~i~t Indian River (~l~i~,I-Io~ Maint~ance District ~;hool Dist2j~ and associated general obl~gatlgl~ ~le]~.l fi,l~ge~ bY ad valorem taxes ~diaI1 River CounW Land Ac~isifion Dorl~ Gn~ller~ ODligation Debt ]~mergency Senvi~s D~pl~ll~lent Ta,~ng District St, J9ttI~ l~iyer Water Management District Sebastian Inlet Taxing Distri~ the incremental increase in ad valorem taxes levied each year by the non-exempt above refer-erred taxing authorities over/he amoum of ad valorem taxes levied by the rton-exelr~pt refer-eaeed-taxing authorities in the base year, as established ha subsection (e) below. (d) The tax roll used in connection with the taxation of such property for the base year shall be the tax roll of 1994 in Indian River County. All deposits into the Fund shall begin with the incremental increases in ad valorem tax revenues received subsequent to November 1, 1995. (e) The tax increment shall be determined and appropriated annually in an amount equal to the d~fference between: (1) That amount of ad valorem taxes levied each year by all non- exemot taxing authorities, excluding the school district, on taxable real property contained within the geographic boundaries of the District (2) That amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for all non-exempt taxing authorities, excluding the school district, upon the total of the assessed value of the taxable property in the District pr-eje~, as shown upon the 1994 assessment roll used in connection with the taxation of such property by all non-exempt taxing authorities, excluding the sohool ~.~t~ct. If any conflict occurs between the provisions of this section and the provisions of F.S. Chapter 163, Part ltl, concerning tax increment fmancing, the statutory provisions shall control and apply to this section. (f) The tax increment shall be computed !by using the assessed value of taxable property in the ~ project for the yea~ 1994 as the base, and in subsequent years using the assessment value of property in the District pr-eject for that year as the second factor in determining the amount! of tax increment in that year. (g) All porl-~;~empt taxing' authorities ~, excluding the school district, will annually appropriate to the Fund the aforestated sum at the beginning of their fiscal year. The Fund shall receive the tax increment above described only as, if and when such taxes may be-collected by4he tm6ng-authedties no lgter t,[l~u Deqerilber 31 of ~ach year ~ l~J'ovided by Florida Statt~e. The taxing authorities' obligation to annually appropriate to the Fund shall commence mediately upon the effective date of Ordinance No.0-95-08 and continue for thirt7 (30) yoars, or such other time as extended or shortened bY law until all loans, advances and indebtedness, if any, and interest thereon, incurred by the Agency as a result of the-project have been paid and only to the extent that such taX increment recited above ames. (h) .The Agency with the approval of the city council is directed to establish and set up the Fund and to develop and promulgate rules, regulations and criteria whereby the Fund may be promptly and effectively administered, including the establishment and the maintenance of books and records and adoption of procedures whereby the Agency may, expeditiously and without undue delay, utilize said monies for their allocated statuto (i) The Agency accepts full respo disbursement, accountability; management paid into the Fund subject to the provisions Section 2. CONFLICT. All ordinan¢ are hereby repealed. purpose. asibility for the receipt, custody, md proper application of all monies subsection (b) of this section. ;es or parts' of ordinances in conflict herewith Section 3. SEVERABIi,iTY. In the evem a court of competem jurisdiction shall hold or determine that any part of this Ordinance i! invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be ~resumed 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 withom said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and Section 4. EFFEC~ DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: by Councilmember and, Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this 21st day of June, 2000. CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn M. O'Halloran, MMC/AAE City Clerk By: Walter Barnes, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney M~MO~I.~ OF INFORMATION DATE: TO: FROM: RE: April 25, 2000 Terrence R. Moore, City Manager Mark C. Mason, CPA, Director of Finance Riverfront Community Redevelopment Agency and Trust Fund During the closing of the CDBG grant and subsequent audit, it came to the attention of City staffthat a Community Redevelopment Agency was established in 1995 for the Indian River Water Front Area for the purpose of securing the CDBG grant for the Riverfront Park, sidewalk and light poles. The actual description is included in the ordinance accepting the redevelopment plan which has been recently codified in the Code of Ordinances Sec. 78-30. BACKGROUND: On March 22, 1995, the City Council, by ordinance O-95-08 (see Sec. 78-30, Code of Ordinances), established a Community Redevelopment Trust FUnd in accordance with Florida Statute Chapter 163. At the same time the Indian River Community Redevelopment Agency was created designating the City Council as the Agency. Resolution R-95-12 established the condition of blight finding and Resolution R-95-17 accepted a redevelopment plan (attached). Community Redevelopment Agencies are good for thirty (30) years tmless dissolved sooner. The purpose behind redevelopment agencies is to provide a designation of au area Under Florida Statute whereby the Agency may accumulate ad valorem taxes from taxing authorities to be used in the redevelopment of an area of interest to a community, in the ease of Sebastian, the Riverfront area. Redevelopment Agencies generally are the governing councils of a community, however, some designate a group of individuals to serve as the redevelopment agency with the power to approve spendj_n.g, plans of actions, etc. and are required to meet separately by notice and have recorded minutes accordingly. Sebastian's Redevelopment Agency is the City Council, however, during the various stages of the CDBG project, a committee was established to provide direction. The funding sources for Redevelopment Agencies are {typically ad valorem tax revenue from those taxing authorities which tax property values in the City including the City and are proportionately rated according to millage rates. Generally, special taxing districts which are authorized to levy taxes in more than one county are exempt by Florida Statute, i.e. Flarida Inland Navigation District and St. Johns River Water Management District as well as the School Board. The Ordinance specifies the taxing authorities which the City will collect Ad valorem tax revenues ~rom as well as those which are exempt. Florida Statute further gives the City authority to exempt othe~ local taxing districts that the City can not reasonably justify collection from or that the Ad valorem taxes are their only means of revenue, such as the hospital districts, the emergency medical districts and the mosquito control district. In all cases, unused funds are refunded back to the taxing authority at fiscal year end. From the beginning, the Redevelopment Agency has not been funded for whatever reason by the City nor any funds collected from the above mentioned taxing authorities. However, the time has come to begin funding the Riverfront Redevelopment Agency and use those funds to pay for some of the costs . associated with the Riverfront, such as, lighting for the new lights, operating costs for repairs to the sidewalk as well as the park, and many other uses which would benefit the Riverfront area, i.e. redevelopment. The ad valorem tax amount collected from each agency, including the City, is based upon the annual adopted millage rote by the taxing authority multiplied by 95% of the difference between the current year's gross taxable value for the redevelopment area and the base value established by the ordinance, in this case the base value is for 1995. This is called Tax Increment Financing. Generally, the City bills each qualified taxing authority in September or October of each year with payment to be received no later than December 31. A separate Special Revenue fund is required to be established for such revenue and expenditures. Capital projects funded by these tax increment revenues are accounted for in the Capital Projects funds. The tax increment financing will provide an alternate source of revenue for the Riverfront. The mounts are not much, approximately $20,000 total, however, it is a start. CURRENT SITUATION: After reviewing all the files that the Finance department has on the subject, as well as discussions held with others, it is necessary that a meeting of the Agency be held so that staffmay update them on what we need to do to continue and fund the redevelopment trust fund in the upcoming budget year. The Finance department has reviewed' all the facts surrounding the taxing districts in the area and has concluded that the City can not reasonably justify billing and collecting ad valorem taxes from any of the special or local districts. That would leave the City and the County's General fund as the only remaining revenue sources in a 51%/49% ratio, respectively. This will necessitate mending the ordinance to exempt all districts except for the County, which must first go before the Agency for approval and subsequent .submission to the City Council for adoption. If you need additional information regarding the Redevelopment Agency, please let me know. [63.387 Redevelopment trust fund. )AS i S (d)l. A local governing body that creates a community redevelopment agency under s. 163.356 may exempt from paragraph (a) a special district that levies ad valorem taxes within that community redevelopment area. The local governing body may grant the exemption either in its sole discretion or in response to the request of the special district. The local governing body must establish procedures by which a special district may submit a written request to be exempted from paragraph (a) within 120 days after July 1, 1993. 2. In deciding whether to deny or grant a special district's request for exemption from paragraph (a), the local governing body must consider: a. Any additional revenue sources of the community redevelopment agency which could be used in lieu of the special district's tax increment, Page 1 i I I i I I b, The fiscal and operational impact on the community redevelopment agency. .c. The fiscal and operational impact on, the special district, d. The benefit to the specific purpose for which the special district was created. The benefit to the special district must be based on specific projects contained in the approved community redevelopment plan for the designated community redevelopment area. I I e. The impact of the exemption on incurred debt and whether such exemption will impair any outstanding bonds that have pledged tax increment revenues to the repayment of the bonds. f. The benefit of the activities of the special district to the approved community redevelopment plan. g. The benefit of the activities of the special district to the area of operation of the local governing body that created the community redevelopment agency. 3. The local governing body must hold a public'hearing!on a special district's request for exemption after public notice of the!hearing is published in a newspaper having a general circulation in the county or municipality that created the community redevelopment iarea. The notice must describe the time, date, place, and purpose of the hearing and must identify generally the community redevelopment area covered by the plan and the impact of the plan on the special district that requested the exemption. 4. If a local governing body grants an exemption to a special district under this paragraph, the local governing body and the s~pecial district must enter into an interlocal agreement that establishes ithe conditions of the exemption, including, but not limited to, the period Of time for which the exemption is granted. 5. If a local governing body denies a request for exemp':ion by a special district, the local governing body shall provide the speci~ district with a written analysis specifying the rationale for such denial This written /~--'~ analysis must include, but is not limited to, the following :nformation: /~/a. A separate, detailed examination of each considerati, m listed in ~ subparagraph 2. i I I i I I I I I I I 3.387 SIS Redevelopment trust fund. b. Specific examples of how the approved community redevelopment plan will benefit, and has already benefited, the purpose for which the special district was created. 6. The decision to either deny or grant an exemption must be made by the local governing body within 3.20 days after the date the written request was submitted to the local governing body pursuant to the procedures established by such local governing body. IPage .63.387 )ASIS Redevelopment trust fund. (2)(a) Except for the purpose of funding the trust fund pursuant to subsection (3), upon the adoption of an ordinance providing for funding of the redevelopment trust fund as provided in this section, each taxing authority shall, by January ! of each year, appropriate to the trust fund for so long as any indebtedness pledging increment revenues to the payment thereof is outstanding (but not to exceed 30 years) a sum that is no less than the increment as defined and determined in subsection (].) accruing to such taxing authority. If the community redevelopment plian is amended or modified pursuant to s. ].63.361(1), each such taxing authority shall make the annual appropriation for a period not to exceed 30 years after the date the governing body amends the plan. (b) Any taxing authority that does not pay the increment to the trust fund by January ]. shall pay to the trust fund an amount equal to 5 percent of the amount of the increment and shall pay interest on the amount of the increment equal to 1 percent for each month the increment is outstanding. (c) The following public bodies or taxing authorities created prior to July 3., 3.993, are exempt from paragraph (a): 1. A special district that levies ad valorem taxes on taxable real property in more than one county. 2. A special district the sole available source of revenue of which is ad valorem taxes at the time an ordinance is adopted under this section. 3. A library district, except a library district in a jurisdiction where the community redevelopment agency had validated bond,s as of April 30, 1984. 4. A neighborhood improvement district created under the Safe Neighborhoods Act. 5. A metropOlitan transportation authority. 6. A water management district created under s. 373.069. lPa~e.'1 I Summary of Chauges to Code Section 78-30, Redevelopment and Provision for Exemptions of Taxing Districts. The minor changes to the Ordinance provide for changing the word ,project' to 'district'. This is being done to specifically indicate that the Ordinance is referencing a redevelopment district as provided for in the Florida Statutes. In addition, we are restating Section 78-30 (g), to conform with Florida Statutes by stating the time that the ad valorem taxes must be paid to the redevelopment trust fund, no later than December 31, of each year. Also, we have specifically designated the redevelopment trust fund to exist for thirty (30) years, and struck all after. Provision for Exemptions for Taxing Districts: Even though F.S. 163.387, identifies those entities who are automatically exempt from the tax increment financing, we feel it is prudent to identify them in the ordinance to prevent any misunderstandings in the future. In all areas, we have changed the wording, excluding the school district, to "except excluded taxing authorities,. Following are the proposed exempt taxing authorities, other than the original school board. The School Board is already exempt. Some of these taxing districts notified the City in 1995 that they were either exempt or wanted to know how they could go about requesting an exemption. I can not find any reference, other than a letter stating we would not be funding the district in 1996 to show that the City complied with the requests. In any event, there is no other correspondence after this notification and, therefore, we will propose these exemptions now and subsequently notify them. Florida Inland Navigation District- F.S. 163.387 (2)(c)(1) exempts all taxing districts whose tax is derived from more than one county. The FIND district encompasses several counties within our immediate St. Johns River Water Management District- F.S. 163.387 (2)(c)(1) exempts all taxing districts whose tax is derived from more than one couaty. The SJRWMD.encompasses most counties along the St. Johns River. Sebastian Inlet Taxing District- F.S. 163.387 (2)(c)(1) exempts all taxing districts whose tax is derived from more than one county. This district encompasses Indian River and Bre'~ard County. Indian River County Land Acquisition Bond General Obligation Debt- F.S. 163.387 (1)Co) exempts from tax increment financing any ad valorem taxes which is used to pay off general obligation debt, which is voter approved debt to use specifically identified ad valorem taxes as collateral and a funding source to pay down bond debt. Indian River County Hospital Maintenance District-! This district derives most of its revenue from ad valorem taxes, however, under F.S. 163.387 (2)(d), it iS incumbent upon the City to prove need of this source as well as the benefit to the district by providing! it. From an analytical point of view, the redevelopment district could use the revenue, however;that revenue would not provide any real benefit to the Indian River County Hospital Maintenance District Since there is nothing we can do in the redevelopment district which would enhance the Hospital district. Therefore, we propose exempting this district from the tax increment financing. Indian River County Mosquito Control District- This district derives most of its revenues from ad valorem taxes, however, under F.S. 163.387 (2)(d), it is incumbent upon the District to prove need of this source as well as benefit to the district who is providing it. The redevelopment district Could use the fand~ provided from this district and may provide a benefit from it by changing the'breeding grounds of mosquitoes through redevelopment. It is, however, more practical for the Mosquito Control District to use the small amount of funds generated from the tax increment towaxds doing what they do best, control mosquitoes. Their knowledge and help in providing an expertise in mosquito control through redevelopment would go much further than the' minor amount of funds provided to the redevelopment district. Therefore, we propose exempting this district from the tax increment financing. Emergency Se~ices Dependent Taxing District- Again, this district derives at least 98% of its revenues from ad valorem taxes. At, er analyzing the Riveffront and any potential redevelopment, we can see no benefit which the Emergency Services District would a~erue by providing funding to the redevelopment district. Even though the Emergency Services District derives some revenue from Advanced Life Support (ALS), we believe, the district is in essence deriving all of their revenue from ad valorem taxes and recommend exemption from the tax increment according to F.S. 163.387 (2)(c)(2). There is no lasting affect by the exemptions hsted above since either by law or by failing substantive tests listed in the Statutes, they would be exempt anyway. All of the funding will come from the City of Sebastian and Indian River County in a 51%/49% percent ratio. The following shows the revenue which would have gone to the redevelopment district in FY 99/00 had it been funded. Base Year 1994 Taxable Value Taxable Vahe 1999-2000 Tax Year Difference Times 95% (F.S. 163.387(1)) Times Ratio Sebastian i Iudian River County $34,959,8701 $34,959,870 $48~787~430i $48.787.430 $13,827,560. $13,827,560 $13,136,182! $13,136,182 x 51% x 49~ Taxable Amount Times the millage rate Tax increment to the Redevelopment District $ 6,699,4521 $ 6,436,730 x .005i x .0040855 4_. ~_~ ~ 26.297 City o£ Sebastian, Florida Subject: First Renewal to Agreement between St. Johns River Water Management and City of Sebastian for Development and implementatin of Surface Water Mangement Plan - Phase I, Segment 2 Agenda No. pjqved for Subn)im~by: City Manager Department Origin: City Manager Date Submitted: 05-19-00 For Agenda off 05-24-00 Exhibits: Renewal Agreement between St. Johns Water Mangement District and the City of Sebastian EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: ] APPROPRIATION N/A I REQUIRED: SUMMARY The proposed First Renewal Agreement between the St. Johns Water Management District and the City of Sebastian for the development and implementation of a surface water management plan for the City of Sebastian- Phase I,. Segment 2 is attached for your review. RECOMMENDED ACTION Move to authorize the City Manager to execute the First Renewal Agreement between St. Johns Water Management and the City of Sebastian for the development and implementation of a surface water management plan for the City of Sebastian - Phase I, Segment 2. Contract #96W257 Renewal #1 FIRST RENEWAL TO TIlE AGREEMENT BETWEEN TIlE ST. JOItNS RIVER WATER MANAGEMENT DISTRICT AND TilE CITY OF SEBASTIAN FOR TI-IE DEVELOPMENT AND iMPLEMENTATION OF A SURFACE WATER MANAGEMENT PLAN FOR CITY OF SEBASTIAN - P~SE I~ SEGMENT 2 THIS RENEWAL AGREEMENT is entered into this ~ day of ,2000, by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, whose mailing address is Post Office. Box 1429, Palatka, Florida 32178-1429 ('~DISTRICT"), and the CITY OF SEBASTIAN ('~CITY"), whose address is 1225 Main Street, Sebastian, Florida 32958. WHEREAS, DISTRICT and CITY entered into an Agreement on June 11, 1996, for the development and implementation of a master drainage plan consistent with DISTRICT rules and regulations and other water management responsibilities; and WlqE~S, DISTRICT and CONTRACTOR modified the Agreement on September 29, 1997 (Amendment #1), November 9, 1998 (Amendment #2), and on January 14, 2000 (Change Order #1); and WHEREAS, DISTRICT and CITY desire to renew the original AGI~i:tI:t~MENT, Contract #96W257, by reference made a part of this RENEWAL AGRE3EMENT. NOW, THEREFORE, for and in consideration of. the premises which are made a part of this RENEWAL AGREEMENT, and the mutual Covenants contained herein, DISTRICT and CITY renew the original AGREEMENT, ContraCt ~96W257, for an additional fifteen (15) month period beginning September 11, 2000, and ending December 11, 2001, in accordance with the attached Scope of Work in the amount not to exceed $115,0001 ARTICLE X - COMPENSATION: Add Paragraph A. 1 as follows: "A. 1. Amount of Funding: For satisfactory performance of the Work outlined in the attached Scope of Work for this Renewal Agreement #1, DISTRICT agrees to pay CITY a sum not .to exceed One Hundred Fifteen Thousand and No/100 Dollars ($115,000)." Add "Exlfibit "A-I" - Scol~e of Work, Development and Implementation of a Surface Water Management Plan for CITY of Sebastian - Phase I, Segment 2." Add Exhibit "B-i" City of Sebastian Contract Quality Assurance Requirements, Phase i, Segment 2. Add Exhibit "C-I" - Data Reporting FormalS, Phase I, Segment 2. Add Exhibit "I)-1" - Analytical Data Validation Requirements, Phase I, Segment 2. Page 1 of! 16 Contract g96W257 Renewal #1 Add Exhibit "E-I" - Revised Contract Schedule, Phase I, Segment 2. DISTRICT and CITY agree that all other terms and conditions of the original Agreement are hereby ratified and continue in full force and effect. IN WITNESS WI-tEKEOF, the parties hereto have duly executed this Renewal Agreement on the date set forth above. ST. JOHNS RIVER WATER MANAGF_.NmNT DISTRIC~ Attest: CITY OF SEBASTIAN Typed Name and Title Attest: Typed Name and Title APPROVED BY~-IEOFFICE OF GENERAL COUNSEL //'~/John W. Williams, Deputy General Counsel St. Johns River Water Management District Page 2 of 16 Contract #96W257 Renewal #1 EXHIBIT "A-I" - SCOPE OF WORK: DEVELOPMENT AND IMPLEMENTATION OF A SURFA~CE WATER MANAGEMENT PLAN FOR CITY OF SEBASTIAN- PHASE I, SEGMENT 2 I. INTRODUCTION The proper management of non-point sources of nutrients and sediment is a major element within the goal of Indian River Lagoon GKL) SWIM Plan to maintain water and sediment quality sufficient to support healthy seagrass-based communities. A large portion of the nutrient and suspended sediment loading to the Lagoon comes in the form of untreated, urban, stormwater runoff. To combat this problem, sub-basins within the Lagoon have been prioritized with regard to water quality and ecological degradation. Among the tributaries within DISTRICT's boundary, the Sebastian River is the single largest contributor of nutrients and suspended solids to the IRL. Comparatively, the river discharges four times the mount of total nitrogen, twice the amount of total phosphorous, and five times the amount of total suspended solids as the next largest tributary: Turkey Creek. Not coincidentally, there are extensive areas bordering the mouth of the river where there has been a significant loss of seagrass coverage between 1943 and 1992 (Woodward-Clyde, 1994). Though recent transect surveys have.shown that the range of seagrasses in this section of the IRL has stabilized over the past six years, the density of seagrass in these beds has continued to decline and there has been an overall shift in species toward those more tolerant of poorer water quality. Reducing the annual runoff load of nutrients and suspended solids is an important component in the plan to reverse this trend. CITY of Sebastian comprises an area of approximately 9,000 acres with about 7,200 acres draining to the Sebastian River. Most of CITY was platted and developed prior to the implementation of stormwater management roles. .With the use of GIS-based models, estimations have been made of the annual, nonpoint source,.pollutant load contributed by City to the Sebastian River. These approximated values are 90,400 lb./yr, total nitrogen, 10, 800 lb./yr. total phosphorous, and 1,100,00 lb./yr, total suspended solids (Craven Thompson & Associates, 1997). Interim load reduction goals for CITY have been set at a sixty-five, percent reduction in each of these pollutants. Since much of the on-going construction is single-family homes that are exempt from stormwater role criteria, this annual load rate will contin~ie to increase. Furthermore, this kind of development will also serve to exacerbate existing IProblems with poor drainage and flooding. It was, therefore, mutually desirous and beneficial for DISTRICT and City to enter into an agreement to design and implement a surface water drainage and treatment plan.' In June 1996, following the awarding of an EPA 3i9 grant to CITY, DISTRICT first entered into an agreement with CITY to develop and implement a master stormwater drainage and treaunent plan. Extensive delays in the distribution of 31~ grant funds to CITY necessitated the first amendment to the contract in June 1997, extending the time frame for completion an additional urteen months. Page 3 o~ 16 ! Contract #96W257 Renewal During this period, the effects of E1 Nifio severely hampered the collection of data needed for pollutant load assessment and modeling. Additionally, the engineering contractor hired by CITY resigned unexpectedly. Soon thereafter, it became apparent that the 500-acre stormwater park concept designed by the former contractor could not be implemented because of land acquisition issues. It also became apparent that the pollutant load assessment model developed by that contractor could not be verified or calibrated. As a result, the contract was again amended to extend the deadline for completion to November 11, 1999. CITY contracted a new engineering f~ra to complete designs on other portions of the master stormwater plan (Elkcam Dam and Stonecrop Treatment Basin). DISTRICT decided to commit itself to the development & calibration of a new pollutant load assessment model (Task B). Development of the new model required substantial modifications to the water-quality monitoring plan. These revisions were put into effect by a supplemental inslamction, memo that was executed in January 1999. Since then, the monitoring to provide the data needed for load assessment modeling was successfully' completed. Permits were obtained for the construction of Elkcam control structure and Stoneorop basin. Construction commenced on the Elkcam and bids received on the construction of Stonecrop. Even without the 500-acre stormwater park that was central to the original master plan, the aforementioned BMPs are important components in any .master plan to reduce CITY's overall pollutant load. This is particularly mae considering DISTRICT's recent acquisition of approximately 150 acres (Adams Parcel) within CITY for construction of a regional wet detention system. Consequently, it is important that construction is completed on the remaining two BMPs (Elkcam and Stonecrop). It .is equally important that post consmaction monitoring of pollutant loads be performed to assess their effectiveness and to better fmc-trine the HSPF-based pollutant load assessment model. II. PURPOSE The purpose of this renewal agreement is to reduce current pollutant loading to the SoUth Prong of the Sebastian River by facilitating the completed construction of the Stonecrop detention basin. The construction of Stonecrop will result in stormwater treatment being provided for the approximately 500-acre Stonecrop S/D drainage area. CITY is financing the construction of Elkcam Dam with the assistance of an EPA 319 grant and will not require District funding. It is also the purpose of this renewal agreement to provide funding to assess the load reduction achieved by Stonecrop and the Elkcam control structure through the implementation of a post- BlVlP monitoring of water quality & quantity. This data will also be used to assess the utility of the pollutant load assessment model under development and make additional adjustments (if needed). The intent of this renewal agreement is to complete the work begun in Phase I, Segment I, assess its effectiveness at reducing pollutant loading, and to provide an objective means for assessing the benefit and need of locations fo.: future BIvlP stmctures. Page 4 of 16 Contract g96W257 Renewal gl Sufficient District funds exist in the budget to ~nance all the work outlined in this scope. Subject to Governing Board approval and availability of funds, District staff will consider amending this contract in the futtu'e to include specifications for construction of additional BMPs that may arise from CITY's current efforts to revise the master stormwater plan. However, DISTRICT is under no obligation to do so. IV. OB,JECTiVES The objectives of this amended agreement are as follows: A. Complete construction of Stoneerop stormWater detention basin. B. Conduct post-BM~ water quality/quantity monitoring to assess pollutant load reductions and make additional calibrations to the HSPF-based model. C. Conduct load assessment modeling for C1TY's major drainage basins and make recommendations for additional stormwater BMPs and/or apply the model to test structural BMPs proposed from revisions tol the master stormwater management plan. D. Provide permanent funding for the operation and maintenance of the BMP structures. OBJECTIVE A: Complete construction of Stonecrop. ~Work on the basin may begin under the current cost-share agreement, which expires on September 11, 2000. Construction is scheduled to commence at the end of May 2000. Task 1. Prior to issuing a Notice to Proceed, (~grY shall provide DISTRICT with a copy of the signed agreement between CITY and i~s contractor for the construction of the basin and related appurtenances. CITY shall alsoI provide DISTRICT with a set of the basin design drawings released to the contractor. T~hese 6rawings shall include all details related to the basin's consWaction as required by Environmental Resource Permit no. 4-061-60087- 1. 1 Task 2. City shall provide DISTRICT with a dated copy of the Notice to Proceed when issued. Task 3. Task 4. City shall provide DISTRICT with quarterly reports and copies of invoices pertaining to progress made in the basin's constmctmn. The reports shall include a brief summary of the activities undertaken, work phased completed, any problems encountered and any proposed changes to the construction s6hedule resulting from such problems. The report shall also include pictures (where possible) of the described work performed or problem encountered. City shall provide DISTRICT written nbtice of completion of the basin's construction. Within 60 days of the basin' s completion, CITY shall provide DISTRICT with two (2) sets of signed and sealed as-built drawings for the basin. OBJECTIVE B: Conduct Post BMP Monitoring. Task 1. CITY (with District staff assistance) shall develop a request for proposals (RFP) to conduct post-BMP, wet and dry season, monitoring for the assessment of pollutant load reduction achieved in combination by the Stoneerop Basin and Elkcam Waterway control structures. At a minimum, the data collected will include surface water pollutant Page 5 Of 16 Contract ~6W257 Renewal #1 concentrations, incremental rainfall volume, surface water stage height and or flow rate. The site plan included with the RFP may include monitoring stations additional to those in the pre-BlVl? plan if such additional stations are needed to make further calibrations or refinements to DISTRICT, HSPF-based, Pollutant load assessment model. The RFP will require all bidders to meet District QA/QC requirements for the collection, analysis and reporting of surface water quality samples (attached as Exhibits B-D) in addition to the following references for the proper collection, measurement and calculations of surface water-flow rates and volume: Inter-District Data Collection Focus Group, Octo'ber 1994. Guidelines for the Collection iof Hydrologic and Meteorologic Data: Volume 1,408 p. and Volume 2 (unpublished). ISO, 1983. Measurements of Liquid Flow in Open Channels: ISO Standards Handbook 16, First Edition, International Organization for Standardization, Geneva, Switzerland, 518p. · Lipscomb, Stephen W., 1995. Quality Assurance Plan for Discharge Measurements using Broadband ACoustic Doppler Current Profilers. Boise, ID: U.S. Geological Survey, OPen-File Report 95-701, 7p. · Rantz, S. E. and others, 1982. Measurement and Computation of Streamflow: Volume I and 2, Washington DC: U.S. Geological Survey Water-Supply Paper 2175, 631 p. · Sloat, J. V. and W. Scott Gain, 1995. Application of Acoustic Velocity Meters for Gaging Discharge of Three Low-Velocity Tidal Streams in the St. Johns River Basin, Northeast Florida, Tallalaassee, FL: U.S. Geological Survey Water-Resources " Investigations Report 95-4230, 26 p. Task 2. CITY shall publish the RFP and obtain proposals with the contractor's qualifications and bids for performing the required monitoring. CITY shall supply DISTRICT with two copies of all completed proposals received. . Task 3. CITY shall select a qualified contractor from the list of proposals, but DISTRICT shall have the right to reject anY selection made by CITY if DISTRICT determines--based on the contents of the proposal--that the bidder does not meet the minimum qualifications or that the proposal will not achieve the monitoring objective. If DISTRICT makes no such objection, shall submit for review a draft Scope of Work between CITY District CITY and its selected monitoring contractor. Task 4. District approval of the draft of work, CITY shall award the monitoring Upon scope contract. At such time, CiTY' s contractor shall implement all aspects of the monitoring contract Scope of Work and related exhibits/references. Task 5. Copies of data reports shall be submitted to DISTRICT at intervals as described in the monitoring Scope of Work, but in no case shall it be less frequent than once every three months. ' Task 6.. Upon completion of the post-BMP monitoring, CITY through its contractor shall submit two copies of a draft final report. The details of the fmal report shall be addressed in the Page 6 of 16 ~ Contract ~6W257 Renewal Task 7. monitoring Scope of Work. In general, the final report shall include summaries of data collected, measured or analyzed including unit values, daily values, any rating analysis, and QAJQC data. A tabular summary, of the calculated post-BMP event loads will be included with an estimation of the annual post-BM? loads compared to the pre-BM? annual loads. It shall also include an assessment of the annual load reduction achieved by the BMPs. All data collected from all stations shall be submitted to DISTRICT on diskette or CD ROM in ASCII format, i Final Report: CITY shall incorporate District comments into a revision of the draft report and submit to DISTRICT two copies of a final written report. OBJECTIVE C: Use model to estimate annual pollutant loads for various drainage basins within CITY. Task 1. District shall use the HSPF-based pollutant load assessment model to estimate the annual load of nutrients and suspended solids~ontributed by CITY's major drainage basins. Task 2. CITY shall provide DISTRICT two s~ts of signed and sealed as-built drawings for the Elkcam Waterway control structure currently under construction.. This information, as well as the Stonecrop as-built survey,i will be needed to accurately calculate discharge rates. OBJECTIVE D: Task Task 2. Task 3. Provide a permanent mechanism or isource for funding operation and maintenance of Stonecrop Basin and Elkcam Dam. CITY shall conduct a study to determine funding needs for long-term operation and maintenance of the Stonecrop and .F. lkcam stormwater BMPs. This shall include developing a maintenance schedule for both systems, beginning with completed construction and continuing for ten years thereafter. Based on the cost estimate obtained from the study, CITY shall identify the permanent source(s) to be used for funding the O & M of the systems. CITY shall submit to DISTRICT two copies of a report summarizing the findings and recommendations of the study. The re~ort shall be updated annually. CITY shall submit .to DISTRICT two copies of a letter, committing itself to the implementation the O & M schedule ~md identifying the funding source(s) that will be used. Page 7 of 16 Contract ~J~6W257 Renewal #1 V. SCHEDULE TASK COMMENCEMENT COlVIPLETiON A1 May 2000 May 2000 Copy of Construction Subcontract & Plans A2-A3 Basin Construction & Reports May 2000 October 2000 A4 As-Built Drawings of Basin October 2000 December 2000 B l-B2 Develop & Advertise RFP July 2000. August 2000 B3 Select Monitoring Contractor August 2000 November 2000 B4-B5 Implement Monitoring January 2001 September 2001 B6-B7 Draft & Final Report October 2001 November 2001 C1-C2 Load Modeling June 2001 October 2001 D1 O&M Assessment October 2000 October 2001 D2-D3 O&M Report & Letter October 2001 November 2001 VI. BUDGET (See attached letter from City Engineer dated February 17, 2000. Dollar amounts do not reflect funds spent on,Elkcam Dam.) TASK District Sebastian/EPA Match Segment 1 Task A Pre-BMP Monitoring $ 25,000 $ 16,000 Task B Model Development $ 5,000 ' $ 25,000 Task C-E Master Plan Development $ 10,000, $ 155,000' Task F Stonecmp Design, Permits & $ 25,000 $ 162,000' Initial Construction TOTAL $ 65,000 $ 358;000 Segment 2 A Basin Construction & Reports $ 70,000 $ 235,525* A4 As-Built Drawings of Basin $ 0 In-kind Services B1-B3 Select Monitoring Contractor In-kind Services In-kind Services B4-B7 Post-BlV[P Monitoring & $ 45,000 $ 20,000* Cl-C2 In-kind Services In-kind Services D $ 0 In-kind Services Reporting Load Modeling BlVIP O&M Assessment & Report TOTAL $ 115,000 $ 255,525 * Includes EPA 319 funding Page 8 of 16 Contract #96W257 Renewal #1 EXHIBIT "B-I" - CIT] OF SEBASTIAN CONTRACT OUALITY ASSURANCE REQUIREMENTS DISTRICT has developed uniform quality assuranc~ requirements for contract sample collection and analyses which are listed below. These procedtires help to ensure a high level of data quality and also provide the documentation necessary to evaluate data quality. It is understood that all sample collection and analyses will be performed by a yet to be chosen lab, hereafter known as SUBcoNTRAcTOR. The CONTRACTOR authorizes SUBCONTRACTOR to provide DISTRICT with all field, laboratory, and quality assurance data related to the work. Unless an alternate procedure has been approved in writing by DISTRICT Quality Assurance Section, or is otherwise noted as an exception in this item, all sample collection and laboratory analyses shall be. performed in accordance with the requ/rements of FDEP Standard Operating Procedures for Laboratory Operations and Sample Collection Activities, DER-OA-001/92. Exceptions to DER-QA-001/92: Storm water samples will be collected using an autosampler, therefore, samples will not be preserved within 15 minutes of collection. Samples will be preserved within 24 : hours after collection. ,, Field duplicates will not be analyzed for samples collected by autosampler. SUBcoNTRAcTOR shall have an FDEP approved Comprehensive Quality Assurance Plan (CompQAP). Unless an alternate procedure has been approved in writing by DISTRICT, SUBCONTRACTOR shall perform all services for this contract in accordance with the procedures established in SUBCONTRACTOR's CompQAP and/or DER-QA-001/92. DER- QA-001/92 shall take precedence over SUBCONTRACTOR's CompQAP. 4. Analyses shall be performed by one of the methods of analyses listed in the Scope of Work. All analyses shall be performed within time frames established in Code of Federal Regulation, Title 40, Part 136, Section 3, Table 1I. DISTRICT Project Manager may authorize the analysis of samples that have exceeded the .established time frames provided such data is clearly flagged by SUBCONTRACTOR as being out of time frame. Out of time frame data shall be denoted by reporting a "Q" plus the number of days by which the established timeframe was exceeded (e.g. "Q5" for analyses performed 5 days past holding time) as a comment code in the data report (Exhibit D, Item 10). o be as listed below: · TSS · Total Phosphorus The method detection limits (MI)L) utilized for 4 mg/l 0.01 mg/l ~ata reporting and field blank evaluation shall Page 9 of 16 Contract ~)6W257 Renewal #1 * Total Kjeldahl Nitrogen 0.1 mg/1 7. SUBCONTRACTOR shall perform and the following Quality Assurance checks on all l~port laboratory analyses except Total Suspended Solids (TSS). , Replicate analyses on every tenth DISTRICT sample and spike analyses on every 20t~ ' DISTRICT sample, or minimum of one replicate and one spike Per mn, whichever is greater. ' * A method blank and a Continuing Calibration Check Standard (CCCS) after every 20 DISTRICT samples and at the end of each run. The concentration of the CCCS standard shall be in the mid to upper range of the reported data. *A commercial Quality Control Check Standard (QCCS) and a low level CCCS (3-5 X MI)L) at the beginning of each analytical nm. 8.SUBCONTRACTOR shall perform and report the following Quality Assurance checks on all TSS analyses. · . Replicate and method blank analyses on every tenth DISTRICT sample, or minimum of one replicate per mn, greater. and method blank whichever is , A Commercial Quality Control Check' Standard (QCCS) once per run or once per day, whichever is less. - 9. SUBCONTRACTOR shall perform and report quality assurance for field data collection in accordance with FDEP Standard Operating Procedures for LabOratory Operations and Sample Collection Activities~DER-OA-001/92.. 10.Replicate results shall include both replicate values and the % RSD. Spike shall be reported as % Recovery. CCCS and QCCS results shall be reported as target value with % Recovery. 11. AllQA data shall be reported with the associated sample data. 12. SUBCONTRACTOR shall provide DISTRICT with a list of the control limits which will be utilized for this project, if QA data does not fall within the listed control limits, corrective action must be taken and a description of the corrective action must be provided with the data as a comment (Data Reporting Format, Exhibit C, Item 21). 13. SUBCONTRACTOR shall collect and analyze a precleaned equipment blank from each autosampler for each storm evem. SUBCONTRACTOR shall also collect and analyze precleaned equipment blanks for ambient monitoring in accordance with FDEP QA 001/92. 14. At the request of DISTRICT, SUBCONTRACTOR will either reanalyze samples for analytes requested or within 48 hours of a telephone request, ship samples to DISTRICT laboratory in Palatka, Florida. Shipping shall be by UPS and costs shall be billed to DISTRICT. If a reanalysis is requested, the results of reanalysis shall be received by DISTRICT within 10 Page 10 of 16 ~ 15. 16. 17. 18. Contract g96W257 Renewal working days of the reanalysis request and SUBCONTRACTOR may bill DISTRICT at the costs hsted below: · ~ $10.00 ~ · ~ $10.00 · TSS $10.00 · NOx $7.50 · $7.50 Subject to a letter of agreement between SUBCONTRACTOR and DISTRICT, SUBCONTRACTOR shall perform any method of analyses required by DISTRICT which is not listed in this contract but is listed in SUBCONTRACTOR's CompQAP. SUBCONTRACTOR shall store samples for at least 30 days after the most recent data submission to the Project Manager and shall be responsible for disposing of the samples after the 30 day holding period. SUBCONTRACTOR shall provide longer storage at DISTRICT's request if necessary to resolve quality assurance :problems. All samples for which refrigeration is required for sample preservation shall be stored at approximately 4 degrees Celsius. SUBCONTRACTOR shall mediately reanalyZe samples for results which exceed the limits listed below: · Field Blank > 2x MDL SUBCONTRACTOR shall not report data whic~ exc6eds this limit unless the values have been confirmed by reanalysis and .reported. SUIICONTRACTOR shall bill DISTRICT for reanalyses and report the data in accordance with' contract specifications. i' Data reports for field and laboratory data shalll be submitted to DISTRICT Project Manager within thirty (30) days or less of the receipt of sample(s). All data shall be reported in units as specified in the scope of work and shall inclu~ all associated quality assurance data, The results shall be submitted in an ASCII file on a 3 1/2" high-density diskette in accordance with contract reporting requirements, 19. SUBCONTRACTOR shall meet all data repoffing and validation requirements specified in Exhibit '~D" and "E." 20. Items number 1, 2, 6, 8, 11, 12, and 13 of the data reporting format will be provided by DISTRICT prior to the start of work. Within 2 workdays after each sample collection event, SUBCONTRACTOR shall fax a copy of the Sample Chain of Custody Form, at Which time DISTRICT will provide items number 5 and 20 of the data reporting format. 21. SUBCONTRACTOR shall provide within 10! days of receipt, copies of any reports on Environmental Laboratory '~'lorida t-IRS Statement of Deficiencies and Plan of Action" as well as the results of any additional Environmental Laboratory DER or I-IRS audits during the life of the contract. If submittal of thi~ information is already required under another contract with DISTRICT, a duplicate submittal is not necessary. Page 11 of 16 22. 23, Contract g96W257 Renewal #1 SUBCONTRACTOR shall provide proof of Environmental 'Laboratory Certification to DISTRICT and maintain certification during the duration of the contract. Should Environmental Laboratory Certification cease, SUBCO~CTOR shall notify DISTRICT Project Manager within 10 days after receipt of notification from FI)BP or FDHRS. SUBCONTRACTOR shall provide DISTRICT with the results of Environmental Laboratory Certification Performance results throughout the duration of the contract. Environmental Laboratory Certification Performance results for the duration of the contract must not be "not acceptable" (per FDHRS definition) on more than 8% of the test determinations for parameters listed in the bid schedule. If submittal of thi~ information is already required under another contract with DISTRICT, a duplicate submittal is not necessary. SUBCONTRACTOR shall provide DISTRICT with updated copies of their approved CompQAP throughout the duration of the contract. If submittal of this information is already required under another contract with DISTRICT, a duplicate submittal is not necessary. Data reports submitted by SI/BCONTRACTOR shall contain, as a separate attachment: · a narrative explanation for all data reported with a comment code other than "T," "W," "U" or "Q." · both the original and rerun values if applicable. a narrative explanation for reanalyses results which differ from the original results by more than the precision control limit. DISTRICT may randomly request reruns in' order to evaluate data quality. Random-reruns would be at DISTRICT's expense at the costs listed in this agreement. The number of random reruns requested by DISTRICT for this purpose will not be considered in DISTRICT's evaluation of laboratory performance, however a comparison of original vs. renm values will be a performance indicator. 10. DISTRICT may evaluate SUBCONTRACTOR's performance by muting the facility, reviewing , the Quality Assurance data, periodically requesting reruns and submitting blanks, split samples, and audit samples. Failure to meet the terms of contract an/or provide reliable data may be grounds for termination of the contract. Page 12 of 16 I Contract #96W257 Renewal #1 i EXltlBIT "C-I" - DATA ll~EPOR~G FORMAT 1 Data reported in electronic form shall be a single line record with comma clelinfited fields as described below. Data shall be submitted in an ASCII file on a 3.5 inch diskette. 1 Imm Field Name Field '-Maximum No. ~. . ' 'Type Field Len 1 Contract Lab ID (assigned by District) character 40 · 2 contract Lab Number (assigned by District) i number 9 3 SUBCONTRACTOR's Sample ID i character 20 -4 SUBCONTRACTOR's Invoice Number . character .20 · 5 District Sample ID (provided by District on eas~by-ease basis) ' character 20 6 District Station Name (provided by District) character 20 ? Collection Date/Time (format is yy~nmd~ based on a 24-hour. clock, i.e., date · 9611051500) _ . .... · 8 : STOP, ET Number (provided by DisUict) cnaracu~' 9 Result - number 10 - Commem Code (includes number of days past holdin[ time when Q code is used) character 10 · 11 Units (provided by District) character 10 12 Matrix Code (provided by District_) , character 4 · 13 Parameter Name (~rovided by District) ~ ' character . 40 · 14 Method Number (i.e., EPA 200.7, EPA 8080, SM 2120 B, etc.) character 10 15 Analysis Daterrime (format is yymmdrlhhmm, based on a 24-hour clock, i.e., 'date · 9611051500; the actual time is required only if the holding time is < 48 hours, · otherwise report the time as 0000) ' i ' 16 Analyst (name or initials or ID number) character 30 17 1st Sample-Prep-Date/Time (format is yymmddhlma~ based on a 24-hour clock, date . · i.e., 9611051500; the actual time is required only if the holding lime is < 48 hours, otherwise report the time as 0000) 18 2nd Sample-Prep-Date/Time (format is yymmd~ based on a 24-hour clock, date i.e., 9611051500; the actual time is required only if the holding time is < 48 hours, othcrwis~ report the time as 0000) 19 Sample Prep Analyst (name or initials or ID number) character 10 20 Work Crroup Number (assigned by District) character 10 · 21 , 'Sample Comments (optional) ' character _100 EXAMPLE I The following example should be on a single line in the electronic file. There must be exactly 20 comma delimiters in each line record, i 1 BTR,2131,1234567,96-420,L970254-07,DUCKSU,9702031315,00916,34.400,Q4,mg/L,W,Ca- T,EPA 200.7,970129,Will Green,970128,,Bill Gre~n,WG970001,Sample is caustic 1 ! ! Page 13 of 16 Contract #96W257 Renewal #1 EXHIBIT D-I" - ANALYTICAL DATA YALIDATION REOUIREMENTS I. INTRODUCTION Laboratory analyses are contracted out by the St. Johns River Water Management District (District) on an as needed basis, While routine data validation, reduction and reporting requirements are addressed in an organization's approved Comprehensive Quality Assurance Plan (CQAP), these guidelines establish additional uniform requirements for analytical data validation, documentation and reporting. These shall be followed by all SUBCONTRACTORs and subtier subcontractors involved with the analysis specified by contract. , These guidelines are meant to .complement SUBCONTRACTOR s CQAP. Their purpose is 'to further assure that legally defensible data will be generated which meet U.S. 'Environmental Protection Agency criteria without following the full EPA Contract Laboratory Program (CLP) protocols. In addition, these guidelines define in more precise terms the requirements for storage of analytical raw data, field docUmentation and records, custody records, and non-rep°rtables so that the audit and review of these documents can be facilitated. n: All laboratory and field records described in 11I and IV below shall be maintained in project specific taSk/project files. These files should contain the original data or records, however,, where impractical,' copies of the pertinent information shall be maintained in the files with unambiguous, accurate cross'references to the original documentation. Active:,files shall be maintained for a period of at least one year from data generation. All records, as specified in Sections 62-160.600, 610, 620 and .630, F.A.C. shall be retained for at least five years after project completion. m. LABORATORY REPORTING LEVELS AND DELIVERABLES Each laboratory shall' perform internal data validation according to protOcols specified in their approved CQAPs. The minimum quality control data to be included in each laboratory analysis report is specified below. The following shall be supplied as a part of the laboratory deliverables: . 1. All information specified by Section 62-160.670, F.A.C.; 2. Sample speciEc method detection limits for each parameter (see DER QA 001/90 for specific definitions and calculations); Page 14 of 16 ~ . Results of laboratory quality control data for replicates and Spikes. parameter and matrix: a. Sample IDg used for QC sample; b. Calculated Percent Relative Standard Deviation; c. Calculated % recovery; and d. Contract g96W257 Renewal #1 This shall include for each Control limit values utilized for precision and accuracy for each parameter/matrix. The above shall apply to all analyses and will assure flaat DISTRICT Project Managers are apprised, through each laboratory report, on the quality level of the analytical data. IV. LABORATORY DATA VALIDATION The in-house data validation process begins with the analyst at the bench level and concludes with an independent review of data by the supervisor and laboratory QA officer. This process shall include: a. For tests requiring manual calculation, the reCalculation of at least 5% of the test results for each analytical.batch, parameter group andl matrix. The samples that are checked in this manner shall be randomly selected; b. Verification of all supporting functions (e.g., sample preparation, calibration, standard preparation, etc.); c.. Review, assessment, and acceptance/rejeeta0n based on quality controls; and d. All other report and data validation requirer aents as specified in DER-QA-001/92, Section 10. The list of laboratory reportables is specified in Se below for inorganics and organics. Non-reportable the relevant reportable data. V.A. 'GENERAL NON-REPORTABLES The following information shall be available for Dist :tion m. The list of nomrepormbles is listed data/records shall be kept in central files with riot review. A chronological master list of laboratory tracking sample ID numbers correlated with sample analysis batch identification to correlate quality control samples to the applicable analysis batch; ' Copies of the chain of custody forms signed by the sample collector and laboratory sample custodian; A narrative summary identifying may QA or sample problems and the specific corrective action measures that were !aken to correct the problem(s). Concentration of calibration standards with acceptance criteria, their preparation and traceability; including initial calibration data and internal or exlemal standard parameter (compounds) and concentr~ations; Page 15 of 16 I I I i I I I I I I I I I I I I: I I I Con~ract g96W257 Renewal #1 Results of-batch-applicable continuing calibration verification standards (CCVS) and/or system performance check compounds, percent recoveries and expected values; Results of batch applicable laboratory control samples (LCS) or QC check sample recoveries and expected values or results of independent QC Samples (EPA, NIST, etc.) with expected values and percent recoveries; 7. Results of method (laboratory control) blank analyses; Identification, raw data results (including acceptance/rejection) of all continuing calibration standards.analyzed as a requirement of.Chapter 62-160, F.A,C.; Results and raw data from all performance evaluation and/or QC check samples analyzed during the project; and 10. Sequential measurements readout records (including calibration curves), digestion logs, raw data calculation worksheets, and chromatograms (where applicable) for all samples, standards and QC samples (blanks, duplicates, spikes, etc.). INORGANICS NON-REPORTABLES For analyses involving the use of atomic absorption (flame or furnace) spectroscopy (AAS), inductively coupled plasma (ICP), ion chromatography (IC), light (visible, UV and IR) spectroscopy, and mrbidimetric, gravimetric, titrimetric and autoanalyzer procedures, the following data shall be maintained in the project file m addition to the data specified in V.A. above: Results of interference check sample (CS) analysis and expected values (ICP only); and Results of dilution check samples (DCS) analysis and expected values (when required and/or used). Page 16 of 16 DATE: TO: FROM: RE: MEMORANDUM May 24, 2000 Mayor and City Council, City Manager, City Attorney Kathryn M. O'Halloran, MMC ~, ~) City Clerk Councilmember Barczyk Excused Absence Councilmember Barczyk is unable to attend the May 24, 2000 Regular City Council meeting and has asked for an excused absence. sam