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Home My WebLink About09132000 DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 13, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALI.. AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - f225 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 St_afl Present: City Manager, Terrence Moore City Attorney, Rich Stringer Deputy City Clerk, Sally Maio Administrative Secretary, Joanne Sandberg City Engineer, Ralph Brescia Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Chief, Randy White Parks Superintendent, Chris McCarthy Regular City Council Meeting September 13, 2000 Page Two DRAFT 00.155 00.193 00.194 AGENpA MODIFICATIONS {ADDITIONS AND/OR DELETIONS} Items not on the written agenda may be added only upon a majority vote of CIty Council members (R-99-21) The City Manager requested addition of 1) Resolution R-00-52 authorizing application for a Law Enforcement Block Grant to the consent agenda; and, 2) proposed settlement agreement for the Michelle Morris vs. City of Sebastian lawsuit. He also advised that Meredith Fox had submitted an application for the Construction Board after the deadline and inquired whether Council wanted to consider it. By consensus, Resolution No. R-00-52 was placed on the consent agenda item E; Mrs. Fox's application was accepted for consideration - item 15.A.1 .; and the Morris settlement agreement was placed under New Business item G. 6. PROCLAMATIONS, ~INNOUNCEMENT~ AND/OR PRESENTATIONS None. 7. ~ITY ATTORNEY i~,TTER~ A. Policy OR City Canal Vegetatjgtn Removal (No Backup) The City Attorney had distributed documentation entitled ~Policy Paper - The Enhancement of Sebastian's Canal System" dated September 2000 several days before the meeting, it was the consensus of Council to place the item on the September 27, 2000 agenda. 8. CITY MANAGER MA['TERS A. Traffic Inters~on of Englar and Caprona - City Engineer. Ralph Brescia (No Backup) The City Engineer gave a bdef report on the traffic intersection of Englar and Caprona, noting he can not recommend installation of a three way stop based on the no accident history and sufficient visibility. A brief discussion took place on pedestrian concerns for this intersection brought to light by residents to a previous Council last year. B. [,ease Agreement~ for Barber Street Sports Complex (No Ba~;up) Following input from the City Manager relative to high city costs to maintain the sports complex and provide electricity for various sports organizations which lease the complex, it was the consensus of Council that it did not want to charge excessive fees to the organizations since the City should be providing service to the community, but that perhaps there could be a means to achieve better cooperation from them for cleanup and maintenance. The City Manager said he would come back with a recommendation in the near future. The City Manager reported that Capital Sanitation had contacted him to advise that their entire fleet was down temporarily but should be operational tomorrow. 9. CITY CLERK MATTER~ None. 2 Regular City Council Meeting September 13, 2000 Page Three DRAFT 00.195 00.196 10. 11. .q:ITY COUNCIL MA'I-rERS A. lYtayor Barnes 1) 2) 3) Discussed problems with Capital Sanitation and Charter Communications. The City Manager reported on discussion with Charter relative to a disconnection made last week, whereby he requested they develop a more efficient public notification system. Announced the Coast Clean-up on Saturday, September 16, 2000 from 8 am to 11 am Received a consensus of Council to support efforts by the 75th Anniversary Committee, however, the City Manager advised that the Committee will make a presentation to Council on September 27, 2000 with specifics on their planned actiV~ies B. Vice Mayor Bishop None. C. Mr. Barczyk None. D. Mr. Hill 1) 2) 3) Reported people had concerns about dog droppings in parks noting dogs are not allowed in Parks Received input from the City Attorney on basketball hoops on city right-of-way, whereby the code does not allow structures in the right-of-way but moveable goals do not meet the definition of structure Suggested Laconia Street be realigned for safety reasons. He provided a drawing of his idea to the City Manager who said it may be a viable option. E. Mr. Majchet' 1) Reported that oak trees are being delivered to Sebastian Elementary on Saturday, September 16, 2000 and volunteers are needed for planting CONSENT A~GENDA All items on the consent agenda ara considerad 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 - 8/23/00 Regular Meeting Remove Leonard Galbraith from Construction Board in Accordance with Section 2-173 Code of Ordinances (Construction Board Transmittal 8/24/00, 3 Months Roll Calls, Sec 2-173) Purchase John Daere Gator Truckster for Public Works Roads and Drainage from John Deere Governmental Sales in the Amount of $6454.50 - Piggyback Hernando County School Bid #.SBHC 99-00-24 - One Year Parts and Labor Warranty (Public Works Transmittal 8/24/00, Brochure, Technical Specs) Regular City Council Meeting September 13, 2000 Page Four DRAFT Resolution No. R-00-52 - Authorize City Manager to Apply for Law Enforcement Block Grant The City Manager read the consent agenda and the City Attorney read Resolution No. R-00-52 by title. Mr. Bishop removed item C. MOTION by Bamzyk/Hill "1 move to approve consent items A, B, and D." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Item c - John Deere Gator Tr_uckster Mr. Bishop asked about placement of purchase items on the consent agenda. The City Manager said them is no legal requirement not to place purchase items on the consent agenda, however, he would try to be conservative in doing so. MOTION by Bishop/Barczyk "1 move to approve consent item C." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 4 Regular City Council Meeting September 13, 2000 Page Five DRAFT 12. P V 8.1,,..LC 00.103 A. TAPE I - SIDE II (7:48 p.m.) Firs. LPqblic Hearing on Fi~_caJ Year ~,p00/~001 ~Vt[IJage/Budget (As Required by State Law- TRIM Notice Sent from Indian River County Property Appraiser Announced First Public Hearing) Mayor Barnes opened the public headng at 7:46 p.m. ~.Brjouncerper~t o[ Tentative Millage Tax Rate of 5.0000 Mills Whiqh is ,11%_L.ess Thaq Rolled Back Rate of 5.0053 Mills The City Manager announced the tentative millage rate, recommended approval and said he would respond to questions. · Public Comment Sal Neglia, Sebastian, questioned the need for a street sweeper, vacuum truck and recommended use of old police vehicles by departments. Tut Connelly, Sebastian, read a prepared statement relative to staffing Adopt Tentative Millage Rate of 5,0000 Mills for Cale~tdar Year 2000~3nd Set Second Public Hearing for. Final Adoption o[ Resolutio0 F{-00-49_OD_9_/27/00 MOTION by Hill/Bishop "1 move to adopt a tentative tax rate levy of 5.0000 mills for calendar year 2000, set a second public hearing for adoption of the tax levy rate on September 27, 2000 and advertise same in accordance with Florida Statutes." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Adopt Tentative Budget for Fiscal Year 2000/2001 and Set Sec~)nd Public He~ing for Final Adoption Qf Resolution R-00-50 on ~)./27/00 MOTION by Majcher/Bishop ~1 make a motion to adopt the tentative budget for Fiscal Year 2000/2001, set public hearing for final adoption of Resolution R-00-50 on the 27th." Discussion took place on the safety vehicle at the airport and a recommendation for staff to look into the cost effectiveness of subcontracting rather than purchasing the street sweeper and vacuum truck. 5 Regular City Council Meeting September 13, 2000 Page Six DRAFT 00.148 B. TAPE II. SIDE I (8:32 p.m.) 13. ROLL CALL: MOTION CARRIED 5-0 Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye .~econd Rea~lirLg, public Hearing a. qd Final Adoption of Ordinance No. 0-00-20 - Amending Park Use Ordin{a.nce (Ci~ A#orney Transrniltal 9/6/00. 0-00-20) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE I, CHAPTER 74 OF THE CODE OF ORDINANCES, PARKS AND RECREATION - IN GENERAL; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1st Rea~ng a/9/O0, LegalAd 8/30/00, PH ~V/3/O0) Mayor Barnes opened the public hearing at 8:10 p.m., and the City Attorney read Ordinance No. 0-00-20 by title only. Sal Neglia, offered several recommendations. The City Attorney suggested addition of language to page circle 37 (e) as follows: add 'or with public policy" after "generally'. Mayor Barnes closed the public hearing. MOTION by Majcher/Hill '1 move to adopt Ordinance 0-00-20 as amended.' Discussion followed on the provision which would allow Council approval of alcoholic beverages at City sponsored park events. ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 QUASI-JUDICIAL PUBLIC HEAR~INGS 00.197 A. [~s_olution No~E-00-45 Appro~ina Special Use Permit for a Car Wash in g-512Zmling District mo_ts 12-15. Bio_cA 186. Unit 8) (Growth Manageme~!t Transmittal 8/31/00, R-00-45. Application, Staff Report. P ~ ~ Minutes, Location MaD) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512 CARWASH LOCATED ALONG C.R. 512 EAST OF BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (Advertised in Legal Notices and Letters to Surrounding Propen~ Owners ~/29/00) 6 Regular City Council Meeting September 13, 2000 Page Seven DRAFT Mayor Barnes opened the quasi-judicial hearing at 8:33 p.m., and the City Attorney road Resolution No. R-00-45 by title. There was no ex-parte communication to be disclosed. The Deputy City Clerk swore in all those who intended to offer testimony. Applicant Kenneth C, Chestnut, 9840 88th Street, Vero Lake Estates, and Robert Obonowski(?), 1435 33rd St SW, Vero Beach, briefly described the project. The Growth Management Director presented staff report as submitted in the City Council agenda packet, including conditions recommended by Planning and Zoning. (See attached) The City Attorney explained guidelines for special use permits as outlined in the Code of Ordinances. Arthur Harris, 861 Dale Circle, Sebastian, opposed the project citing noise and traffic. City Council discussion followed. MOTION by Barnes/Bishop Ul'll make a motion to approve Resolution R-00-45 approving the Special Use Permit for the car wash in C512 zoning district." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - nay Mr. Majcher - nay Mr. Hill - nay MOTION FAILED 2-3 MOTION by BarczyldHill "1 make a motion to deny the application." issues cited were traffic, building design, and that car washes were not a part of the vision for the C512 overlay district. ROLL CALL: Mr. Bishop - nay Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-1 Regular City Council Meeting September 13, 2000 Page Eight DRAFT Mayor Barnes called recess at 9:10 p.m. and reconvened the meeting at 9:24 p.m. All members were present. Resolution No. R-00-46 - ADp. rove Acc)m Acres Subdivision Preliminary pl~l; to Add 1.95 Acres to Existing 3.04 Acres for MLqL-Storage Units (Growth Man,lament Tran~w_[Eal 8/31/00. R-00-46. Application. Staff Repo~ P & Z Minutes, PrelirflinaryJ=JarVSite Plan and Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS ACORN ACRES SUBDIVISION LOCATED ALONG C.R. 512 WEST OF F.E.C. RAILROAD RIGHT-OF-WAY; PROVIDING FOR CONFLICTS HEREWITH; PROViDiNG FOR EFFECTIVE DATE. (Advertlsedln Legal No#cas and La#ers to Surrounding Property Owners 8/29/00) Mayor Barnes opened the quasi-judicial hearing at 9:25 p.m., and the City Attorney read Resolution No. R-00-46 by title. Mr. Bishop stated he had spoken to someone about the issue several months ago. The Deputy City Clerk swore in all those who intended to offer testimony. Todd Smith, engineer of record for the project, spoke on behalf of applicant, David Fahmie. The Growth Management Director gave a brief staff presentation. There was no public input. MOTION by Barczyk/Hill "1 move we hold a public hearing and approve Resolution R-00-46 for the Acorn Acres Subdivision Preliminary Plat." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 00.200 14. INTRODUCTION OF blEW BUSINESS FROI~ THI~ PUBLIC Item ~hat has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required- limit of ten minutes for each speaker Sal Neglia, Sebastian, suggested the City do something about people talking on cell phones while driving. lS. COMMITTEE I~EPORTSlRECOMMENDATIONS Construction Board 1. Interview Applicant, Unless Waived and Appoint to One Pos'~ion (City Clerk Transmittal 9/7/00, One Application, Member List, Ad) Application from Meredith Fox had been added for consideration by consensus of Council. Regular City Council Meeting September 13, 2000 Page Nine TAPE II. SIDE II (9:30 p,rn.) DRAFT City Council interviewed R. Scott Taylor and Meredith Fox. Discussion took place on the appropriate positions for the applicants. 00.187 16, MOTION by Barnes/Hill 'Let me make a motion to approve Meredith Fox to be reappointed to the regular contractor member position." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 The City Attorney noted the Code requires two regular contractor positions. MOTION by Barnes/Majcher "1'11 make a motion to appoint R. Scott Taylor to the number four position contractor." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop ~ aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 ~LD BUSINES,~ Authorize City Attorney t_o File Release of Lien Against Property of Herbert Sturm - Carded Forward from 8/23/00 Meeting ~ackup from 8/23/00 Meeting, Presentafior[ Will BeJVlade at Meeting) The Chief of Police presented recent aedal photos and photos taken in 1992/1993 of Mr. Sturm's property. The Growth Management Director stated that Code Enforcement Officer Tim Zielinski was not allowed by Mr. Sturm to enter the rear of the property, but that he had seen piles of lumber on the side of the property. He stated that the piles of lumber and 55 gallon drums stored on the property were violations of the nuisance code, and it appears to staff that he is still in non- compliance. He read from a chronological list dated 1992 to 1998 relative to this matter. MOTION by Bishop/Majcher "1 move that we do not release the lien against Herbert Sturm's property, located at 549 Saunders Street, until he allows proper authorities on the property to determine whether or not he's still in violation of codes for which he was cited in 1992." The City Attorney advised Council on the use of liens in Code Enforcement cases, noting that the courts had validated the initial Code Enforcement action. 9 Regular City Council Meeting September 13, 2000 Page Ten DRAFT ROLL CALL: MOTION CARRIED 5-0 Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill - aye - aye - aye - aye - aye 17. NF-.~ I~usJ.Nt~SS Authorize City Manaqer to Execute Agreement wltl]_l-J.~nifen. Imhoff. In(;, for Financial Consultancy~_ep/ices (Finance DiEector Trans. rnitt{tl 8z30/00. Agreement) Carlos Peretta addressed Council on the firm's background. MOTION by Barczyk/Hill "1 move to authorize the City Manager to execute the Agreement between the City of Sebastian and Hanifen, Imhoff." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 0~177 B. Authorize Purchase and Ingratiation of Play. ground Equipment from Miracle Recreation F. Quipment Corrzpeny and Site Prepara. tign by the City for a Total Cost ~ $74,397.08 (Public Works Transmi#al 9/7/00, State Contract Pdce Quote. Cost Estimate. 3-D Diagram Under Separate Cover) The City Manager gave a brief presentation, stating a portion of the exiSting playground will be retained. TAPE III- SIDE I (10:20 p.rn.) The Parks Superintendent said prices had been obtained from three vendors, MOTION by Bishop/Barczyk "1 move to authorize the purchase and installation of playground equipment from Miracle Recreation Company and site preparation by the City as described, for a total cost of $74,397.08.' ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 It was noted that delivery will be approximately five to six weeks and the playground will have to be closed for approximately two weeks for installation. ]0 Regular City Council Meeting September 13, 2000 Page Eleven D .AFT MOTION by Bishop/Hill "1 make a motion to extend the meeting to 11 pm." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 00.202 Award Bid for City Hall V~n(;Iow Restoration Contract to Low I~id.~ter Bill Bryant & Associates, Inc, 1[~ the Amount of $40,998 (Purc~sin¢ Transmittal 9/7/00, Bid Tabql~ion Sheet, Bid Proppsal Price Forro_~ Assoc. D~cuments, Scope of Work.) The City Manager gave a brief presentation on bids received. MOTION by Hill/Barczyk "1 move to award City Hall Window Restoration Contract to Iow bidder, Bill Bryant & Associates, Inc. in the Amount of $40,998, and authorize staff to execute a contract for same." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 00.203 First Reading of Ordinar}ce No. O-00-21 - Abandonment of City Interest in Ar0ericaa Legion Fasement - Schedule Public Hearing for 1_0/11/00 {City Attorney Transmittal 8/30/00, O-00-21 ~v/Exhibit "A") AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING INGRESS/EGRESS EASEMENT FROM AMERICAN LEGION PROPERTY AT C.R. 512; PROVIDING FOR CONFLICT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-21 by title, gave a brief presentation and recommended approval. The City Manager responded to questions from Council relative to the need for the easement. MOTION by Barczyk/Bishop "1 recommend that Ordinance O-00-21 first reading and schedule public hearing for October 11,2000 be approved." ROLL CALL: MOTION CARRIED 5-0 Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye ]] Regular City Council Meeting September 13, 2000 Page Twelve First R~ading of Ordinance No. O-00-2~ - ~wale Parking - Schedule E'~lblic Hearing for 10/1 !/00 · [CIO/A~tomey Transmittal 9/7/00, 0-00-22,) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 98 TRAFFIC AND VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No, O-00-22 by title, and stated he had provided a modification to 98-36 and addition of a new section 98-39. Mayor Barnes noted the City Manager, City AttorneY and he had met with local builders on the ordinance. Chief White requested adding a time limit in 98-33.1. It was the consensus of Council to add ~vithin 24 hours" after "removed" and in 98-39(c) add "and stored" after ~towed". MOTION by Hill/Majcher "1 move to pass Ordinance O-00-22 at first reading and schedule public hearing for October 11,2000 as amended." ROLL CALL: Mr. Bishop - eye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 oo.2o4 F. Review Proposed November and .December 2000 Calendars arid Resch. edule City Council Meetings Accordingly (City C/f~ Transmittal 8/31/00, Calendars) It was the consensus of City Council to cancel the November 22, 2000 Regular Meeting, and to reschedule the December meetings to the 6th and 20th. 00.205 G. Mi~b~![e Morri~ Settlement Agreement The proposed settlement agreement had been distributed at the start of the meeting (see attached). The City Attorney briefly explained provisions of the settlement and recommended approval. MOTION by Barnes/Majcher "1'11 make a motion to approve the settlement agreement between Michelle Mords and the City of Sebastian as shown in the 9/12/2000 copy of the settlement agreement." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 ]2 Regular City Council Meeting September 13, 2000 Page Thirteen D AFT 18. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:56 p.m. Approved at the ,2000 Regular City Council Meeting. Walter Barnes Mayor Kathryn M. O'Halloran, MMC City Clerk ACTION LIST THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 9/13/00 REGULAR MEETING All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material put in chronological order City Manager. City Attorney, Purchasing and ell other department heeds get a full set of draft minutes, and ere responsible for copying whatever is pertinent to their departments. We will continue to place copies of individual minutes pages in backup files. 00,155 00.193 00.194 00.195 00.196 Policy on City Canal Vegetation Removal - report - item placed on 9127/00 agenda copy minutes to file attach policy to minutes file pending credenza - 9/27/00 regular Traffic Intersection of Englar and Caprona - City Engineer, Ralph Brescia ~ report copy minutes to file file STREETS Lease Agreements for Barber Street Sports CorrtDlex - discussion - City Manager to provide recommendation in near future copy minutes to file file pending credenza Approval qf Minutes - 8~3/00 Regular Meeting - approved sign, seal - place in blue book with any designated backup Remove Leonard Galb]'a[th from Construction Board in Accordance with Section ;~-173 Code of OrdinaJ3ces - removed letter to Galbraith - copy 2-173 - copy to Construction Board update board handbook and distribute pages file vault - BOARDS/COMMITTEES - Construction Board Jpqrghase John Deere Gator Truckster for Public Works Roa~ls and Draj[tage from John Deere Governmental Sales in the Amount of $6454.50 - Piggyback Hernando §chool Bid_~;BHC 9.~-~)..0-;~4 - One Year Parts and Labor Warranty - approved copy minutes to file when bid file obtained from Purchasing - determine retention- file vault - FINANCE - 2000 Bids/Purchases accordingly 00.103 00,148 00.197 00,198 00,200 First Public Hearing on Fiscal Year 5000/2001 Millage/Budget -Ann. o..~.nce.rln_e_nt of Tentative Millaoe Tax Rate of 5.0000 Mills_Which is ,11% Less Than Roiled Back Rate of 5.0053 Mills. Public Comment. Adopt Tentative Millage Rate of 5.0000 Mills for Calendar Year 2000 and Set Second PublicHearing for Fina. LAdoption of Resolution R-00-49 o0 ~7/00. Adopt Tenta~e.13udget for Fiscal YearZ:100/2001 and Set Second Public Hearing :[or Final Adoptiop of Resolution R-00-50 on 9/27/00 - tentatively approved obtain ad from Finance Monday for Friday 9/22 display copy minutes to file file pending credenza .$.econd Readina, Public Headng and Final Adoption of Ordinance No. 0-00-20 - Amending.park Use Ordinan_c.~ - approved with minor amendment - City Attorney will draft resolution for procedures/fees obtain amended page from City Attorney sign, seal - copy to file, counter, PW, PD, GMD e-mail to MCC with message including date of adoption prepare park use form for City Attorney and City Manager approval update other forms appropriately if necessary I~esol_u~on No. P,-00-45 - Apor~y~13g Special Use Permit for a Car W~sh in C-512 Zoning Distdct (J.o:ts 12-12. I~10~:k. 1{36. Unit 8) - denied letter to applicant w/verbatim motion copy letter to GMD and P & Z update \wp-res~r-00 as to denial date file SPECIAL USE PERMITS - mark 'DENIED" on folder I~esolution No. R-00-46 - Approve Acorn Acre~ ~lbdivision Preliminary Plat to Add 1.95 ~Acres to Existing 3.04 Acres for Mini-Stp[age Units - adopted sign, seal resolution - copy to file, counter, GMD, w/letter to applicant blue back original res and file vault - 2000 ORIG RES file backup in vault - PUDS/SUBDIVISIONS note location of backup .in RES BACKUP update \wp-reset-00 as to adopted date Construction 8oard -Interview/~gplicant. Un. Jess Waived and Appoint to Ope Position - Fox Application Added to Backup and Fox Appointed to General Contractor Position and R. Scott Taylor Appointed to 2nd Contractor Regular Position letters to appointees - copy to Construction Board prepare certificates for former members who did not or could not reapply for positions (Cecrle, Herbig, AIiocco) revise list in handbook to reflect 2 contractor regular member positions obtain updated list of vacancies from Kathy Nappi and advertise update board handbook and distribute pages readvertJse for remaining open positions file vault - BOARDS/COMMITTEES 00.187 00.201 00.177 00,202 00.203 00.156 00.204 new 6uthori;~e City Attoroey to File R_~lease of Lien Against Property of Herbert Sturm - Carried Forward from 8/23/00 Meeting - motion not to release lien until he allows inspection of property copy minutes to file letter to Sturm - who?? file vault - BOARDS/COMMITTEES - Code Enforcement Matters &utborjze City Manager to Executg, Agreement withHanifen. Imhof~, Inc. for Financial Consultan~ Services - approved copy minutes to file sign, seal two originals - CM and CC retain copy and mail one original to Hanifen, Imhoff file vault - AGREEMENTS - Miscellaneous update \wp-files~agreemen.wpd Authorize Purchase and Installation Df Play. gr_0~rtd Equipment from Miracle RecreatioQ Equipment Comp~n.y and Site Preparation by the (~itv_fqr_ a Total Cost of $74.397.08 - approVed copy minutes to file when returned from Pumhasing file vault - FINANCE - 2000 Bids/Purchases ~,ward Bid for City Hall Window Restoration Contract to Low I~idder Bill Bryant & Associates. Jnc, In the Amount of $40.998 approved copy minutes to file when returned from Purchasing when Jean returns she will administer contract execution file bid file in vault when returned from Purchasing - FINANCE - 2000 Bids/Purchases when original contract received - file vault - AGREEMENTS - Miscellaneous add to \wp-files~agreemen.wpd First Reading of_Ordinance No. O-00-;~1 - Abandonment of City Interest in American Le. gion_.Easement - Schedule P~tblj~: Hearing for 10/11/00 - approved on 1st reading - ph 10111100 advertise in legal notices on 9/27/00 for 10/11/00 file pending credenza First Readin(~ of Ordinance No. 0-00-22 - Swale Parking - Schedule Public Hearing for 10/11/00 - approved on 1 st reading - ph 10111100 advertise in legal notices on 9/27/00 for 10/11/00 file pending credenza Review Proposed November and December 2000 Catty,lam and Reschedule City Coul'~il Meetings Accordingly - November 22 canceled - December meetings rescheduled to 12/6 and 12/20 update monthly meeting calendar - also on web update upcoming meetings list in minutes directory Michelle Morris Settlement Agreement- added to agenda and approved CM and CC sign, seal ~ CM has the signed agreement J,I~M[ 01: PII,r,J,N SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 13, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, .FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - '/225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to.agenda items irnmediate~y before 'deliberation of the item by the City Council limit often minutes per speaker (R-99-21) 2. 3. 4. 5, CALL TO ORDER 00.155 00. f93 00.194 PLEDGE OF ALLEGIANCE INVOCATION -~l~Bebt.=Efletea I. atagla'~ Pelfow=h~ ROLL CALL A_G~I~_I~AMODIFICATIONS (ADDITIONS AND/OR~ DELETIONS) item; not o~1 the wri~en agenda may be added only'upon · mejoMy vote of City Council members (R-9~21) PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS ..CI3'YJ~TrORNEY MATrERS A. PoliCy.on City Canal Vegetation Removal (No Backup) CiTY MANAGER MA'['T_ER8 A. Traffic Intersection of Englar and Caprona ? City Engineer, Ralph Brescia (No Backup) B. .Lease Agreements for Barber Street Sports Complex (No Backup) CITY CLERK MATTERS CITY COUNCIL MA3-[IEi~S A. Mayor Barnes · B. Vice Mayor Bishop C. Mr. Barczyk D. Mr. Hill E. Mr. Majcher 1-8 00.195 9-14 00.196 15-18 f9-30 00.148 31-42 11. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless s member of Cily Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 8/23/00 Regular Meeting B. Remove Leonard Galbmith from Construction Board in Accordance with Section 2-173 Code of Ordinances (Construclfon Board Transmiltal S/24/O0, 3 Months Roll Calls, Sec 2-f73) C. Pumhase John Deem Gator Truckster for Public Works Roads and Drainage from John Deem Governmerffal Sales in the Amount of $6454.50 - Piggyback Hernando County School Bid #SBHC 99-00-24 -One Year Parts and Labor Warranty (Public Works Transmiffal &'24/00, Brochure, Technical Specs) PUBLIC HEARING~ Procedures for publ~ hearlngs: (R-99-21) · Mayor Opal,s Healing , Attorney Reads Ordinance or Resolution · ;taffPreeento~on · . Pubic Input.- JJrn#.of Ten Minutes Per Speaker . · ;taft Summation · Mayor Closes. Heasng · Councff A cUon Anyone H4shing to Speak.is Asked to Sign Up before the Meeting, When Co#ed go to the Po~um and State His or Her Nome forths Record A. .F[mt. Publib,Headno, on F|~cal Year 20_00/2001 MiJlage/Budget (As Required by State Law - TRIM Notice Sent from Indian River County Properb/ APPraiser Announced First Public Hearing) · Announcement of Tentative Millage Tax. Rate of 5.0000 Mills Which is .11% Less Than Roiled BaCl( Rate of 5.0053 Mills · · .Public. Comment Adopt ~entaflve Millage Rate of 5.0000 Mills for Calendar Year 2000 and Set Second Pul~lic Hearing for Final Adop~on of R.esolu~on. R-00-49 on 9/27/00 Adopt Tentative Budget for Fiscal Year 2000/2001 and Set Second Public· Hearing for Final Adoption of.Resolution R,00-50 on 9/27/00 Second Reading,· Pql~lic Hearing a.[id Final Adoption of Ordinance bi.o. 0-00-20 - A_mendirgl Parl~ Use Ordinance (CiJy. Ai~pmey ?rennin_]rte! g/WOO. O-00-20) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE I, CHAPTER 74 OF THE CODE OF ORDINANCES, PARKS AND RECREATION - IN GENERAL; PROVIDING FOR CONFLICT; PROVIDING FOR SEVEEABILITY; PROVIDING FOR AN EFFECTIVE DATE, (~/st Reading 8/9/00, Legal Ad 8/30/00, PH 9/13/00) 2 00.197 43-57 00.198 59-71 00.200 73-77 00. f 87 79-81 O0.20f 83-90 00. f77 91-93 00.202 95-112 13. 14,¸ '15. 16. 17. QUASI-JUDICJ/~ PUB~.IC HEARINGS (See back of agenda for pmcedures) Resolution No. R-00-45 ~proving Speci~ll Use Permit for e Car Wash in C-512 Zoning District (Lots 1;2-15. Block 186. Unit 8).(Growth Management Transmittal 8/31/00. R-00-45. Applica~fon~ ~tqff Report. p & Z Minutes, Loca~fon Ma.q) A RESOLUTION OF 'THE CITY Of SEBASTIAN, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512 CARWASH LOCATED ALONG C.R. 512 EAST OF BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (Advertised in Legal Notices and LeEers to · Surrounding Property Owners 8/29/00) Re~oluflon No,, R-00-~6 -Approve Acorn Acres Subdivision preliminary Plat to Add ! .95 Acres I9 E~[Isting 3.Q4.Acres ~for Miq~-Stor~ae Units (Grow~ Mane. gpFnent Transmittal 8/31/~0. R-00-46. ~i~plicafion. SfaE ~epo~. P & Z MinUtes. Prelinlinary Plan/Site Plan end Location Map) A RESOLUTION OF'THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIViSION.KNOWN AS ACORN ACRES.SUBDIVISION LOCATED ALONG C.R. 512 WEST OF F.E.C. RAILROAD RIGHT-OF-WAY; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (Advertised in Legal Notices and Letters to Surrounding Property Owners 8/29/00) iNTRODUCTION OF NEW BUSINFSS FROM THE PUBUC Item that has occurred or was discovered within the.previous six months which is not otherwise on the agenda - sign-up required, irnlt of ten roll,utes for each.speaker COMMI'~'EE REPORTS/RECOMMENDATIONS _C.onstru~Qrt Board '. 1. Interview APplicant,· Unless Waived .and ·Appoint to One Position (City Clerk .Transmittal 9/7/00, One Application, Member List, Ad) OLD BUSINFSS Authorize City Attorney to File Release of Lien Against Property of Herbert Sturm - Carried Forward from 8/23/00 ·Meeting (Backup from 8/23/00 Mae#rig, Presentation Will Be Made at Meeting) NEW BUsINEss Authorize City Manager to Execute Agreement with Hanifen, Imhoff, Inc. for Financial Consultancy Services (Finance Director Transmittal 8/30/00, Agreement) AUthorize Purchase and Installation of Playground Equipment~from Miracle Recreation Equipment Company and Site Preparationby the City for a Total Cost of $74,397~08 (Public Works Transmittal 9/7/00, State Contract P~fce Quote, Cost Estimate, 3-D Diagram Under Separate Cover) Award .Bid for City Hall Window Restoration Contract to Low Bidder Bill Bryant & Associates, Inc. In the Amount of $40,998 (Purchasing Transmittal g/7/O0, Bid Tabulation Sheet, Bid Proposal Pffce Form &Assoc. Documents, Scope of Work) 3 00.2O3 D. 113-124 00. f56 E. 125-131 00.204 F. 133-135 Fimt. R_pading of Ordinar)ce No. O-00-2:[ - Abandonment of City Interest ir) American Leaion Fasq~ent- Schedule Public He~.ring for tp/11/00 ¢City/~[torney T~*.ansmittal 8/30/00. O-00-2~ ~xhibit AN ORDINANCE OF THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING INGRESS/EGRESS EASEMENT FROM AMERICAN LEGION PROPERTY AT C.R. 512; PROVIDING FOR CONFLICT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. - First. Reading. o[ Ordinarlce Noj O.-00-2:~ -:.Swale Parkirtg - Schedule Public Hearing for 10/11/00 (City,~t(omey Transmittal gl'/lO0. 0-00-22,) AN ORDINANCE OF THE CITY OF. SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 98 TRAFFIC AND VEHICLES; PROVIDING FOR CONFECTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ReView Proposed November and December2000 Calendars and Reschedule City Council Meetings Accordingly (City Clerk.Transmittal 8/3 t/00, Calendars) ' 18. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of CitE CounciO ANY PERSON WHO DECIDES.TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A.VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0f05 F.S.) IN COMPUANCE WiTH THE AMERICANS WITH DISABILITIES ACT(ADA), ANYONE WHO NEEDSA SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589.5330 AT LEAST 4B HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available In the Council Chambers for all Government Meetings, [JpcominD Meetin~l[ · Regular Meeting - Wednesday, 9/27/2000- 7 pm ° Regular Meeting - Wednesday, 10/11/2000 - 7 pm · RegularMeeting -Wednesday, 10/25/2000- 7 pm 4 I I I I I I I I I I I I I I I I I PROCEDURES FOR QUASI-JUDICIAL HEARINGS IN ACCORDANCE WITH RESOLUTION NO. R-99-12 A. Swe~r~na of witnesses. Any person presenting factual information to the tribunal during the hearing shall be sworn. The administration of the oath or affirmation shall be done bythe Clerk of the.Tribunal on the record atthe time the person comes to the podium. Citizens wishing to' merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant's positJon, need not be'sworn. B. ,~dmisaibilitv of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over-ruled by a majority of the Tribunal upon a motion by any member thereof. Othen~ise, the Presiding Officer of the Tribunal shall for the record receive any evidence presented and the same shall be maintained in the custody of the CH Clerk. C, Time Limitations. The trad~onal practices of the Chair in presiding over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of v, ftnesses. However, as appropdats, the T~ibunal by majority vcte may set limits on the length of presentations and the number of witnesses on a case-by- case basis. D. pisdosure of. Ex-Parte Communicalio. D. At.the time the Presiding Officer opens the hearing, members of the Tribunal shall disclose ex-parte communications in accordance with law. Order of Presentation. After the Presiding Officer opens the hearing, the matter shall proceed in the following order. 1. The applicant or his agent shall.make a presentation in favor of the request 2; 3. 4. 5. 6. 7. 8. g. The staff shall present ~its findings and analysis. The Tribunal shall ask questions of the applicant and staff as it seas fit. The floor shall.be opened.to anyone in favor of the request who wishes to speak or ask quastions~ The floor shall be opened to anyone opposed to the request who wishes to speak or ask questions. The applicant is provided an opportunity to respond to any of the issues raised by staff or the public. Staff. is provided an oPportunity to summarize its position. The Tribunal deliberates the request, asking such questions.as it sees fit. The Presiding Officer then entertains a motion and the Tribunal acts. ~ection 2. APPLICATION. Due to the evoMng nature of this area ofthe law, these procedures shall be utilized in the conduct of hearings on matters that are determined:to be quasi-judicial under the laws of the State of Florida. SEBASTIAN CITY COUNCIL MINUTES REGU ~LAR. MEETING WEDNESDAY, AUGUST 23, 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 Dr. Ronald D. Thomas, Sr. - Sebastian .United Methodist Church ROLl,. CALL cr~ 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 Deputy City Clerk, Sally Maio Administrative Secretary, Joanne Sandberg City Engineer, Ralph Brescia · Police Chief, Randy White Airport Director, Jason Milewski .. Regular City Council Meeting August 23, 2000 Page Two 00.182 AGENDA MODIFICATIONS (ADDITIONS AND/OR DEJ, F,.TIPNS) Items not on the written agenda may be added on~y upon a majority vote of City Council members (R-Gg-21) The City Manager requested addition of presentation of plaques to Employees of the First and Second Quarter 2000 and Certificates of Appreciation=for a recent rescue by local firemen. There was no objeclJon. 6. pROCLAMATIONS.ANNOUNCEMENTS AND/OR PR_ESlENTATION~ A. Proclam. ation- Honoring Jenn§ Follmer on Her 1 ~0th Birthday Mayor Barnes read the proclamation honoring Mrs. Follmer'and presented her with a bouquet from the City of Sebastian. Mrs. Follmer introduced her two sons and daughter-in-law. Mayor Barnes read plaques 'honoring Employees of the First and Second Quarter of 2000, Philip Patnode and Marge Poale. Mr. Patnode was not present, therefore, Assistant Public Works 'Director Jerry Converse accepted on his behalf. Mrs.. Poole accepted her plaque. Mayor Barnes read City of Sebastian Certificates of Appreciation recognizing Indian River County firefightars, Lieutenant Tim Ward and Engineer Richard Young for their, pa~cipation in the rescue of a local 'couple from the Sebastian Inlet. 7. ' CITY A'I-rORNEY MA'I-I'I~S · Reported on the ·Indian River County public hearing on the local option .gas tax, noting City staff had been advised that an adjustment to the distribution formula will be made immediately and that he will meet with the County Attorney to review the requirement for annual adjustments Invited COuncilmembers and citizens to attend a PTA sponsored candidate's forum Thursday night at Pelican Island Elementary School CI'i'~ MANAGi~R MATTERS The City Manager reported on the Concert in the Park in Riverview Park tOmorrow'night.. A. Discussion of Traffic Logistics - L,acont8 Street by City Enolneer. RalDhj~mscla The City Engineer reported on his review of traffic concerns and accident data on Laconia Street, recommending that, although people were observed speeding, this is not an accident prone area, but that the City continue .monitoring traffic at this'time. City Council discussion followed relative to concerns about pedestrian.traffic on the roadway and there were suggestions that staff be directed to look into signage and.the possibility of a bikepath. The .City Manager reported that there is an error in the water hookup impact fee amount in the quarterly City newsletter article which reflects $130 rather than $1300. 9. CITY C~.ERK MA'I-FER~ None. 2 Regular City Council Meeting August 23, 2000 Page Three 10. CITY COUNCIL MATTERS A. M;. Ma. jcher None. B. Mayor Barne~ Mayor Barnes reported on a meeting he had today with the Police Chief and the City Attorney regarding the parking ordinance, and the following suggestions were made: 1) that people should park in their driveways, if the driveway is filled then.the overflow could go on the shoulder and it would be up to.the people to movea car intOa driveway'once an opening occurs; 2) to establish a list of streets where all parking on the shoulder or right-of-way would be prohibited; and 3) construction trucks could park only on a construction site and not on adjacent Properlies. City Council discussion followed .on.this. being a good start with the exception of a possible hardship for builders to meet the construction site requirement. It was suggested that builders be invited to attend a meeting to offer alternatives, othenvise City Council generally concurred with the other suggestions. The City Attorney will bring back amended language. TAPE I. SIDE II (7:4B p.m.) C. Yjce M~yor Bishop None. D. Mr. B{ar(;~yk None. E. Mr, Hill .None. 11. CONSENT AGENDA All items on the consent agenda sre considered reu~fne and w~ be enacted by one motion. There wJl be no separate discussion of consent agenda items unless a member of City Coun~ so requests; In .which event, ~he ite~w w~l be removed end acted upon ss~ratel~. A. Approval of Minutes - 8/9/00 Regular Meeting, 8/16/00 Workshop 00.183 Mordssiey Wedding Reception - Use of Community Center - A/B - 10/21/00 - 7 pm to 11 pm (C/b/ Clerk Transmittal 8/4/00, Application) The City Manager read the consent agenda. MOTION by Bishop/Majcher "1 .move to approve items A and B on the consent agenda." 3 Regular City Council Meeting August 23, .2000 Page Four 00.15o 12. 13. 14. ROLL CALL: MOTION CARRIED 5-0 Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye PUBLIC HEARING Ordinanc.~ No. O-DIe-18 - Ab.~l~don 'Old Ba['ber b"l~'~tf~t Pdght-~f-~/av- Se¢ol!d ~ea~li!~g and Final Ado[~tig[I CG~ A#omey Tr~nsllzg~L ~'~3/O0, 0-00-I ~) AN 'ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING RIGHT- OF-WAY'FOR FORMER ALIGNMENT OF BARBER STREET AT iNTERSECTION WITH U.S. HIGHWAY 1; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:55 p.m., and the City. Attorney read Ordinance No. O-00-18 by title. There was no public input and Mayor Barnes closed the hearing. MOTION by Barczyk/Hill '1 move to conduct.the, public hearing and upon conclusion, move to adopt Ordinance No. O-00-18." ROLL CALL: Mr. Bishop - aye ..Mr. Barczyk - aye Mr.'Majcher - aye Mr.'Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 INTRODUCTIOI~ OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or.was discovered within the previous six months which is not otherWise on the agenda - sign- up required - limit often minutes for each speaker None. COMMITTEE RF.,_P~_RTSIRECOMMENDATiONS 'Plannin9 and Zoning commission (city' Clerk Transmittal B/t4/O0, 1 Application, Member Ust, Ad) 1. .interview, Unless Waived, and App°int Alternate to Unexpired Term to 11/1/2001 City Council interviewed Clarence Barton. 4 Regular City Council Meeting August 23, 2000 Page Five 15. 16. MOTION by Bishop/Majcher "1 would make a motion to appoint Clarence Barton to Planning and Zoning Commission as an alternate, unexpired term to expire 11/lj2001 ." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill -.aye .Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 OLD BUSINESS - None NEW BUSINESS A. Deremonial pedication of'a_Pot'llon of $~humann Drive for tb.e Late Mayor Martha S. Wininge[ (Growth 'M_~$oement Transmittal ~/f 6/00. Growth Management Manager Memo ~/16/00) It was the consensus of City Council to support the establishment of a dedication memorial memorial in the name of former Mayor, Martha S. Wininger.on a porlion of Schumann Drive. 00.166 B. ~.prove City Engineering Consultant Ranking and Author,s Contract Negotiations with Nur0~er Dna Ranked .Firm (purchask~g Tran~m~al ~14/00. Selection Committee Matrfx) Discussion took place .on the ranking for.financial stability of the number one ranked firm and suggestion.ts look into this while negotiating. MOTION by Majcher/Hill "1 move.to approve the Consultant ranking as recommended by the Consultant Seleclion Committee, and authorize contract negotiations to proceed starting with'the number one'ranked Firm." (Kimley Horn and A=sociate=, .Inc.) 'ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop -aye Mr. Barczyk - aye · Mr. Majcher - aye MOTION CARRIED 5-0 Regular City Council Meeting August 23, 2000 Page Six 00.187 C. 00.143 D. 00.188 E. Authorize City Attorney to File Belease of Lien Against Property 0f Herbert Sturm {CiO[Manager Transmittal 8/16/00) The City Attorney presented a brief history on pdor action of the Code Enforcement Board to release the lien as reported to City Council by a prior City Attorney in 1998, cited state law regarding release of liens, and noted that the release was never officially released with the Clerk of the Court. Council concems were expressed that the lien not be released If the violation has not come into compliance. The City Manager suggested that staff review the matter and report back at the September 13, 2000 meeting. City Council concurred. Authorize Expenditure of $23.440 for Desigrl/F~ncl~e~[~po Services by The LPA Gr@~.g. Inc. For Runway 4-22 Lighting Project (Purchasing Transmittal 8/16/00) The Airport Director bdefly explained what the expenditure will entail in the design of the runway and threshold lighting project. MOTION by Hill/Barczyk '1 move to authorize the expenditure.of $23,740 for design/engineering services by the LPA Group, Inc. for Ru... nWay 4-22 lighting project.' ROLL CALL: Mayor Barnes - aye Mr. Bishop ~ aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Resolution No.,.~-00~0 - Authodzir~CityManager tQ Exe_cute JPA withJ:DOT - Rehab Tax,rays (Cifs, Maneger Tran~mi#al 8/15/00. R-O0-40. Exhih~ '_A~Aareement) 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 PURPOSE OF FUNDING REHABILITATION'OF AIRPORT TAXNVAYA, INCLUDING LIGHTING, MARKING AND SIGNAGE; PROVIDING FOR.CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-00-40 by title. Discussion took place on the source of the matching funds. MOTION by Majchsr/Barczyk "1 move to approve Resolution No. R-00-40, authorizing the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement for the rehabilitation cf airport taxiways, including lighting, marking and signage." Regular City Council Meeting August 23, 2000 Page Seven ROLL CALL: Mr, Bishop -aye Mr. Barczyk - aye Mr..Majcher -aye Mr. Hill - aye Mayor, Barnes - aye MOTION CARRIED 5-0 oo. 189 F, Resolution No, R-00-48 - City of Sebe~eo Airport J.e~e Agreement for Golf Course [City Manager Transmittal 8/t7/00. ~-00-~8, Exhibit 'A" Lease AgreemezT~) A. RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUN'FY, FLORIDA~ AMENDING RESOLUTION NO. R-86-4A,.AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW LEASE AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN FOR USE OF .LAND FROM THE SEBASTIAN MUNICIPAL AIRPORT IN THE OPERATION OF THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager briefly exPlained the lease agreement. TAPE II- SIDE I (I1:34 p.m.) TheCity Attorney read ResolUtion No. R-00-48 by title. Discussion took place.on the. proposed incremental increases for the lease and its impact on Golf Course rates and revenues inthe long and short term; and the effect on other airport leases. The City Manager said the approximately eighteen month Airport Master Planning process will address establishment of proper lease rates. MOTION by BarczyldBishop '1 .move.to adopt Resolution .R-00-48 authorizing the City Manager tO execute the Lease Agreement by and between the City .of Sebastian for use of land from the Sebastian Municipal Airport in the operation .of the Sebastian Municipal Golf Course." ROLL CALL: ' Mr. Barczyk aye Mr. Majcher. - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 00.190/ G. 99.201 Sebastian Habitat Conservation Plan -Approve Acceptance of Incidental Take P~r~jt..and ~,uthodze City'Manager_to 'Process Formal Amendment in Accordance with Terms S~t Forth by City Attorney ( CiOf Manager Transm~al $/16/00. F&W ~_e~er 8/14/00. CM_Le~ter 8/4/00, F& W l_e#er 8/3/00. CA Memo 8/3Z0_0) The City Attorney reassured Council that the acceptance of the Incidental Take Permit is with the understanding that the City will go back after the fact to modi~ the agreement to. mitigate the corridor. Regular City Council Meeting August 23, 2000 Page Eight 00.191/ 99.053 · The City Manager responded to inquiry about timing for release of the Highlands lots, MOTION by Majcher/Hill 'I move to approve acceptance of the Incidental Take Permit (ITP) and authorize the City Manager to process the formal amendment, in accordance with terms as set forth in the City Attorney Rich Stringer's memorandum, dated 8/3100." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye .Mr. Barczyk - aye MOTION CARRIED 5-0 Approve Se~ej~ent Agree~nertt in the Ca~e of Maxwell Contractingys._City ¢)f Sebastian DempseyNocelle DrainageProject ill J~h~e.Amount o_f ~99.5.00 (City'Manager TransmittaLS/16/D0.) The City Attorney explained questionable provisions of the contract and recommended settlement to split costs for installed gravel and rain delay days in the amount of $99,500. The City Manager said .approval will also be required for a .4th quarter budget .adjustment. MOTION .by Hill/Barczyk '1 move to approve settlement in the case of Maxwell Contracting v. City in the amount of $99,500." The City .Manager reiterated his .request for budget adjustment, and Mr. Hill added 'so amended," ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk ; aye Mr. Majcher - aye MOTION CARRIED 5-0 Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:15 p.m. Approved at the ,2000 Regular City Council Meeting. Walter Barnes Mayor Kathnjn M. O'Halloran, MMC City Clerk i I I I I i I I i I I I I I I I I I ! City of Sebastian, Florida I - Subject: l~emoval Of A Member Of The Sebastian Construction Board Agenda No. · Department Origin: 'Sebastian Construction Board .~) Date Submitted: 8/24/00 For Agenda off 9/13/00 , Exhibits: Copy of."roll call"minutes; Copy of Sec. 2-173, City Code of Ordinances EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIR_ED: REQUIRED: In accordance with Section 2-173, Sebastian City Code of Ordinance, a request is being made for the removal of Leonard Galbraith from the Construction Board. Mr. Galbraith was appointed to the Board as a regular member 12/15/99. During this time, he has had unexcused absences for the months of June, July and August. RECOMMENDED ACTION Move to remove Leonard Galbraith from the Sebastian Construction Board. § 2-172 SEBASTIAN CODE hearing, the member may present evidence and argument as to why the removal should not occur. The member may be represented by legal counsel and all proceedings shall be recorded on magnetic tape by the city clerk. The decision of the council may be either to remove, suspend, reprimand or to absolve 'the member. For purpose of this section, the effective date of removal of a member shall be immediately ai%er the expiration of the time in which the member has the right to request a hearing before the city council, if the member timely requests a hearing, and if the city council decides to remove the member upon the conclusion of the hearing, the removal shall take effect immediately. If a member timely requests a hearing, butwithdraws the request prior to the hearing, the effective date shall be the date on which the request was withdrawn. (Ord. No. 0-97-56, § 7,'9~25-97) Not'withstanding any Other provision of this Code, any board or cor-m~ttee member shall be automatically removed if, in a'.given fiscal year he or.she is absent from' three consecutive meetings without an acceptable excuse. An "acceptable excuse" is defined as an absence for medical reasons, business reasons, personal reasons, or any other reason which the chair of the board or committee deems appropriate..Upon notification by the chair of the board or committee that'a member has not complied with the attendance requirement, the city. council shall issue an order of removal. The effective date of removal shall be the date on which the order of removal was entered. Removal of board or committee members pursuant to this section shall not be subject to section 2-172. (Ord. No. 0-97-56, § 8, 9-25-97) . . Secs. 2-174, 2.175. Reserved. DIVISION 2. CODE ENFORCEMENT BOARD* Sec. 2-176. Created. . (a) There is hereby created and established the Sebastian Code Enforcement Board. The board is created and estabhshed pursuant t0 the authority granted pursuant to the. Local Government Code Enforcement Boards Act, F.S~ §§ 162.01 through 162.22. (b) Those provisions of the Local Government Code.Enforcement Boards Act, asset forth in F.S. §§ 162.01 through 162.22, which are not inconsistent with this division, are hereby adopted as ordinances Of the city. (Code 1980, § 2-91; Ord. 'No. 0-93-16, § 1, 2-9-94; Ord. No. 0-98-10, § 1, 11-18-98) *State law references--Code enforcement, F.S. ch. 162; code enforcement board, F.S. §§ 162.01 through 162.22. Supp. No. 17 CD2:18 I I I I I I I I I I I I I I CITY OF SEBASTIAN CONSTRUCTION BOARD MINUTES OF REGULAR MEETING JUNE '13, 20O0 Chairman tDecrle called the meeting to order at 7:01 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: EXCUSED ABSENCE: ". "UNEXCUSED"iABSENCE: Chmn. Cecrle Louis Nicolini VC Herbig ALSO PRESENT: Meredith Fox Scott Taylor(a) Andrew AIIocco Michael Holdridge and Pierre Paquette(a) L~eonard.'.G'~i'l'b'¢A'ith;~ George Bonacci, Building Official/Building Dept. Director Kathy Nappi, Contractor Licensing Ann Brack, Recording Secretary APPROVAL OF MINUTES: MOTION by Nicolini/Fox (5/9/OO) I'd make a motion to accept the minutes as written. A voice vote was taken. 6 - 0, motion carried. ANNOUNCEMENTS: The secretary announced that Michael Holdridge and Pierre Paquette(a) have excused absences, and Leonard Galbraith is unexcused, and Scott Taylor(a) will be voting in place of Mr. Galbraith. NEW BUSINESS: EXPERIOR EXAM: 1. PAIGE, JAMES R. / Painting Mr. James Paige was present and was sworn in by the Chairman at 7:05 pm. MOTION by AiIocco/Herbig I'd like to make a motion that we allow Mr. James R. Paige to take the Experior Exam for Painting. CITY OF SEBASTIAN CONSTRUCTION BOARD MINUTES OF REGULAR MEETING j'.U L:y:.:~l ~i ;~:2,000 ,,:!,,, Acting Chairman Nicolini called the meeting to order at 7:05 pm. The Pledge of Allegiance was said. ROLL CALL: ,PRESENT:· Louis Nicolini Andrew AIIocco Pierre Paquette(a) Scott Taylor(a) EXCUSED ABSENCE: Meredith Fox VC Herbig, Chmn. Cecrle, Michael Holdridge, and U N EXC U S E D :ABSE N C E: :' '.Leon a~d ':G-ai'b'~a ith ALSO PRESENT: APPROVAL' OF MINUTES: Kathy Nappi, Contractor Licensing . Ann Brack, ReCording Secretary (Reg. Mtg. 6/13/00, and WkshP. 6/20/00) MOTION by Taylor(a)/AIIocco I. make a motion that we approve the minUtes.for the regular meeting of June 13th. A voice Vote was taken.. 4 - 0, motion carried.. MOTION by AIIocco/Paquette(a) I would like to make a motion that we accept the workshop minutes of June 20th, 2000. A voice vote was taken. 4 - 0, motion carried. ANNOUNCEMENTS: None OLD BUSINESS: NEW BUSINESS:. EXPERIOR EXAM: None 1. LAW, TRAVIS C./TiLE & MARBLE TraVis Law, 9406 126th Ave., Fellsmere, FL, was present and was sworn in by Acting Chron. Nicolini at 7:09 pm. CITY OF SEBASTIAN CONSTRUCTION BOARD .M!NU'r. ES.OFREGULARMEETING AUG'USTS;2000 Chairman Cecrle called the meeting to order at 7:00 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: EXCUSED ABSENCE: UNExCUSED ABSENCE: Pierre Paquette(a) ScOtt Taylor(a) Meredith Fox Andrew AIIocco Michael Holdridge Leonard .Galbraith Chmn, Cecrle Louis Nicolini VC Michael Herbig ALSO PRESENT: Ann Brack, Recording Secretary APPROVAL OF MINUTES: (7/11/00) MOTION by HerbiglFox I'd like to make a motion we accept the minutes as presented. A voice vote was taken. 7 - 0, motion carried. ANNOUNCEMENTS: None OLD BUSINESS: None NEW BUSINESS: EXPERIOR EXAM: 1. ASHCROFT, KEiTH R. / PAINTING Mrl Keith R: Ashcroft, 546 10th Court, Vero Beach, FL, was present and was sworn in by the Chairman at 7:03 pm. Mr. AIIocco questioned the applicant about a fictitious name affidavit under the company name indicated. Mr. Ashcroft.indicated that he does decorative painting only, but he has bought the books and would like to get a painting contractors license. City of ebastian, Florida Subject: pUrch,se Truckster for Pubfic Agenda No. Work, s ~r~ov~r Sub~~~ Depa~entOrig~ator: O~g~: Pubic Wor~ Date SubdUed: Exhibits: 1. Brochure EXPENDITURE REQUIRED: $ 6,454~50 For Agenda off 2. Technical Specifications A~OUNT BUDGETED: $ 8,500 9/13/00 APPROPRIATION REQUIRED: $-0- SUM2VLARY The Public Works Roads and Drainage DivisiOn has a truckSter budgeted in the current fiscal budget. This item will be used for access along Indian River Drive sidewalks and in between houses and other small areas for ditch cleaning and spraying. The unit to be purchased is a John Deem 4x2 Gator at a cost of $6454.50. The unit comes with a one 3tear parts and labor warranty. This unit is being purchased qrom a piggy back price from the Hemando County School Board Bid #SBHC 99-00-24. RECOMMENDATION Move to approve the purchase of John Deere Gator in the amount of $6454,50 from John Deem Governmental Sales. August I 1, 2000 City ef S~b~ian 122.~ Main Stta:t' Sebastian FI, 329~8 Attn: Gary Thc rollowinl~ i~ the quot~ yo~ r~qu~t~ John D~m 4x2 Gator with Hydmaltc dump kit, light kit, Front and ~ hitches for wincl~ P-,~aver for hltch, ILO. P.S. with' Omo~ n~l sc~t i~lts Md wiach. l~.avy duty tir~s Li~t prim $8.800.$8 Less (tlr, count <2,464,16> Bid prim $6,336.42 List prim $164.00 lgis'di~oonl .< 45.92> Bid pri~e $118.08 For Stato bi~ such as this the laUrchala~ o;~-r n~ m ~ wrlu~ Iv: Worl~i~ Comm~cial ~d Consum~ ~viston ~01 Bland Road ~iCgh, NC 27626~$3~ Y~ ~ {~ the ~ or~ to 919-954~85. PI~ allow ~ to fo~ ~ for ~live~', ~ a~ ~x mc a ~ of ~¢ P,O, ~ I mt ~ ~ ~~ ~ ~n ~m of ~ ~ Mvc no mo~ hold u~ on {etti~ ~s c~ip~ni ~itvcr~ lmi~,~ re~reuce Hernando County ~chool Board Bid Contm~t # SBHC 99-00.24 Thank ;you for the opporttmity to quote this equipment, ifyo~ have any questions please Call m~at 56i-.461-5568 Thank .~u, P. O1 I I' I I I I I I I I I i I I i I I MRchol Burar,,. ! ! ! · ;5 '; , ~.~,'1C ............ ' .................. · .... ~-."'~ ........ :. '' ., '.. .' ..... ', .". .... '-~ :[P.'i ' ' ' ' · '. ': ' '"' ' .' · -~": ".' · -...' ' :'. '. ' · ~".' ~ "'"' ,nclucles '900-oe, u~4 operator. 200-~cunc~ ~assenoer. and " ' ....... ' .... maximum, pox, =a~am,.w !aFe=m=m:C~s.aad'o.e.s,9 ~- . . ,.~:~_.: ....:..%....~-..,,. :. :, ~,,, := ,.-... .... -"" :'""::""'"' ' '"'"'" '"' :" ....".' '": '" · '" I · . .', ... ; ,'., . · . . , ,. . .. .% ':. ...- . .. ~ .... ~ '. .,. . . '. .. . · .' X2:'.:".. :'""-" ....'. '.....": '."'., '-"'-'.:,,'-'.,;,'.6X4~' ::.'.'.:' :',",,':'..'-" ',..j" "-.. ",,." . ". ({~t.~r',' :.~ra'il..~abr.~.:::;' '"; '..?"'::.'..' 'i.'¢Gato"r;"~ra. ii! .Gator)" !; · City of Sebastian, Florida Subject: Resolution No. R-00-49 Agenda No. Ado~tij~ofMillage Rate for Calendar Year 200~Ag~, ', r>epartment origin: Finance .000 . (. _..~-~~ -//~' For Agenda o,: September ,3, 2000 E/hiblts: · > Resolutiou No. R-00-49 EXPENDITURE AMOUNT BUDGETED: APPROPPdATION REQI..III~D: N/A N/A ' ' REQUIRF. D: N/A SUMMARY In accordance with Florida Statute 200.065 (7)(a.)(1.), it is required to tentatively adopt a millage tax rate for calendar year 2000 and for the budget year beginning October 1, 2000 and ending S~tember 30, 2001 at the first public hearing in which the budget is presented. The proposed millage tax ,rate of FIVE AND ZERO THOUSANDTHS (5.0000) M/LLS is. 11% less than the '*rolled-back' tax rate of 5.0053 mills and will provide sufficient operating revenue for the proposed budget for fiscal year 2000/2001. The Resolution attached is a draft copy of the Resolution the Council will adopt at the SqXember 27, 2000 2nd Public Hearing on the Proposed Millage Rate and.Proposed Budget for FY 2000/2001 provided no changes are made. . ' RECOM3/ENDED ACTION Move to adopt a tentative tax rate levy of'5.0000 mills for calendar year 2000, set second public hearing for adoption of the tax rate levy on September 27, 2000 and advertise same in accordance with Florida Statute. RESOLUTION NO. R-00-49 A RESOLUTION OF T~ CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& ADOPTING A MILLAGE RATE OF 5.0000 MII,LS FOR THE CALENDAR YEAR 2000 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNI2NG OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW TttEI~FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. MILLAGE RATE LEVY. There is hereby Levied au Ad Valorem Tax of FIVE AND ZERO THOUSANDTHS (5.0000) MILLS agalmt all real md tangible personal property for the calendar year (January 1, 2000 through December 31, 2000) and the resulting tax revenue is hereby appropriated for the General Operating Fund of the City of Sebastiau for the fiscal year beginning October, 1, 2000 and ending September 30, 2001. Section 2. ROLLED-BACK RATE. The tax rate established in Section 1. is .0053 mills, or. 11%, less than the computed "rolled-back" tax rate of 5.0053 mills. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Sectio~a 4. EFFECTIVE DATE. immediately upon its adoption. This resolution shall take effect The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilrnember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James A. Hill and, upon being put i I I I I i I I i I I i i i I I I I The Mayor thereupon declared this Resolution duly passed and adopted this 27t~ day of September, 2 00. CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor Arrest: Kathryn M. 0 Hallora~, MMC City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian, Florida Subject: Resolution R-00-50 Adoption of a Budget for Fiscal Year 2000/2001 Zr Sub .~ ~. y.3~t3~ Manager . Exhibits: Resolution R-00-50 and Schedule "A" EXPENDITURE AMOUNT BUDGETED: tkEQU]tLED: N/A N/A Department Origin: Finance Date Submitted: August 30~ 2000 ~ For Agenda of.' September 13, 2000 APPROPRIATION REQIJIRED: N/A SUMM.4~Y In accordance with Florida Statute 200.065, a tentative budget for fiscal year 2000/2001, be~nning October 1, 1999 and ending September 30, 2000, has been submitted to the City Council for review. A Budget Workshop was held on August 16, 2000 for the purpose of providing Council deliberations on the budget and.public input. The result is the Proposed Budget for Fiscal Year 2000/2001 that has been provided to Council for review. The Resolution attached is a draft copy of the Resolution the Council will adopt at the September 27, 2000 2no Public Hearing on the Proposed Budget for FY 2000/2001 provided no changes are made. In addition, per Florida Statutes, a proposed Millage Rate and proposed Budget must have two public hearings for adoption. RECOMMENDED ACTION Move to adopt the tentative budget for Fiscal Year 2000/2001, set second public hearing for adoption of the tentative budget on September 27, 2000 and advertise same in accordance with Florida statutes. RESOLUTION NO. R-00-50 A RESOLUTION OF THE CITY coUNcIL OF THE CITY OF SEBASTIAN, INDIAN RIVER: .COUNTY, FLORIDA ADOPTI2NG THE BUDGET FOR THE FISCAL YEAB BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING · EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL. IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT AND MAJOR EQUIPMENT REPLACEMENT FUND AS I FUND, PROVIDED FOR IN SCHEDULE "A", ATTACHED ItERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO. · IMPLEMENT THE BUDGET; PROVIDING 'FOR SEVERABILITY; 1 PROVIDING FOR CONFLICTS;' AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, the City Manager has submitted a' proposed Budget for the City of Sebastian for the fiscal year beginning October 1, 2000, and ending Septembe. r 30, 2001; [ and WHEREAS, on September 13, and September 27, 2000, the City Council conducted Public Hearings on the Proposed Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 2. The City Manager's Proposed Budget, as identified in Section 1 and shown on the attached Schedule "A" are hereby appropriated out of the Treasury of the City, including any revenues accruing to the City available for purposes of the City's budgetary accounts. Section 1. The City Manager's Proposed Budget is hereby adopted for the Fiscal Year beginning October 1, 2000 and ending September 30, 2001. Section 3. The City Manager is hereby authorized and directed to proceed with the implementation of the service programs and projects provided for in the budget. Such implementation is to be consistent with the provisions of the City Code of Ordinances and policies established by the City Council. Section 4. The City Manager is authorized to make budget adjustments within budgetary accounts, as he deems appropriate. He is further authorized to make budget adjustments between budgetary accounts when necessary to implement programs, projects, and expenditures authorized by the City Council. All other budgetary adjustments will require prior approval by the City Council. Section 5. If any clause, section, or other parts of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Resolafion. Section 6. All Resolutions o~ parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Resolution shall become effective October 1, 2000. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Couneilmember James A. Hill I I The Mayor thereUPon declared this Resolution duly passed and adopted this 27th day of September, 2000. i CiTY OF SEBASTIAN, FLORIDA i By: ATTEST: . Walter Barnes, Mayor I ! Kathryn M. O'Halloran, MlVlC i City Clerk Approved as to form and legality for the I reliance by the City of Sebastian only: Rich stringer, City Attorney I ! ! i ! ! SCHEDULE A CITY OF SEBASTIAN PROPOSED BUDGET FISCAL YEAR 2000/2001 GENERAL FUND REVENUE: 001501 001501 001501 001501 001501 001501 001501 001501 Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Miscellaneous Transfers In Cash Balance Carryforward Total Revenue Expenditures 010001 Legislative 010005 City Manager 010009 City Clerk 010010 City Attorney 010020 Finance 010035 Human Resources 010041 Police Adm/nistration 010043 Police Uniform Division 010045 Code Enforcement Division 010047 Police Detective Division 010049 Police Dispatch Division 010051 Engineering. 010052 Roads and Drainage 010054 Garage 010056 Building Ma~tenance 010057 Parks and Recreation 010059 Cemetery 010080 Crrowth Management 010085 Building Department 010099 Non-departmental Total Expenchtures SPECIAL REVENUE FUNDS LOCAL OPTION GAS TAX FUND 120010 REVENUE Taxes Miscellaneous Total Revenue 120051 EXPENDITURES Operating PROPOSED BUDGET FY 2000/2001 $ 4,145,631 486,764 1,493,505 87,952 143,800 176,400 4,000 250,000 $. 6,788,o52 $ 28,415 214,506 301,172 102,657 278,935 181,349 344,671 1,238,086 89,081 362,397 299,224 284,695 1,067,122 137,113 174,200 473,767 91,789 242,948 283,497 592;428 $ 6,788,052 $ 527,802 4,400 $ 532,202 136,628' .~ SCHEDULE A CITY OF 'SEBASTIAN PROPOSED BUDGET FISCAL'YEAR 2000/2001 Debt Service Transfers out Non-operating Total Expenditures DISCRETIONARY SALES TAX FUND 130010 REVENUE Taxes Miscellaneous Non-operating Total Revenue 130051 EXPENDITURES Capital Outlay Transfers out Total Expenditures RIVEKFRONT R_EDEVELOPMEN~ FUND. 130010 REVENUE /:": ~5 ,,'t Taxes Miscellaneous g i ~ -~ ~z ~ z-r '7 Total Revenue ' 130051 EXPENDITURES Operating Capital Outlay Transfers out Non-operating Total Expenditures DEBT SERVICE FUND REVENUE 201010 Miscellaneous Total Revenue EXPENDITURES 201051 Operating Debt Service Total Expenditures 2 PROPOSED BUDGET FY 2000/2001 300,000 79,697 15,877 $ 532~,2~02 $ 392,913 1,506,212 $ 1,899,125 $ 125,316 4,800 $ 13,0,116 41,250 11,000 50,000 27,866 130,116 $ 64,874 $ 64~874 $ 258 64,616 $ 1,771,143 47,155 80,827 $ 1,8 ,!25 SCHEDULE A CITY OF SEBASTIAN PROPOSED BUDGET FISCAL YEAR 2000/2001 CAPITAL PROJECTS FUNDS REVENUE General Fund Golf Course Fund Airport Fund Grants and Other Revenues Discretionary Sales Tax Local Option Gas Tax Total Revenue EXPENDITLrRES Roads Drainage Recreation Public Works Cemetery Golf Course Akport Total Expenditures GOLF COURSE FUND REVENUE 410010 Charges for Services Other Non-operating · Total Revenue EXPENSES 410110 GOLF COURSE ADMINISTRATION DMSION Personal Services Operating Expenses Debt Serv/ce Total GC Administration Division 410120 GOLF COURSE GREENS MAINTENANCE DMSION Operating Expenses Capital Outlay Other Non-Operating Total GC Greens Maintenance Division 410130 GOLF COURSE CARTS DIVISION Personal Services Operating Expenses Capital Outlay PROPOSED BUDGET FY 2000/2001 $ 98,000 600,000 140,000 1,182,961 1,456,212 79,697 $ 3,556,870 679,900 911,705 601,695 35,909 27,661 600,000 700,000 3,556,870 $ 1,199,373 718,536 $ 1,917,909 239,464 254,783 205,930 700,177 513,057 14,700 600,000 1,127,757 43,644 46,331 SCKEDULE A CITY OF SEBASTIAN PROPOSED BUDGET FISCAL YEAR 2000/2001 Tom1 GC Caxts Division Total Go]f Course Expenses AIRPORT FUND I~VENUE 450010 Charges for Services · Other Non-operating Cash Balance Can-yfo~d Total Revenue ExpENsEs 450110 Personal Services Operating Capital Outlay Non-operating Total Expenses MAJOR EQUIP~ tLEPLACEM~NT FUND REVENUE Miscellaneous Tnmsfers in Non-operating Total Revenue EXPENDITURES Capital Outlay Deb~ Service Non-operating To~fl Expenditures 4 PROPOSED BUDGET ~FY 2000/2001 89,975 $ 1,917,909 $ 155,621 19,000 91,512 $ 266,133 $ 45,948 55,885 24,300 140,000 $ 266,133 $ 6,100 11,000 954,000 $ 971,100 $ 865,000 100,000 6,100 $ 971,100 I i I City of Sebastian, Florida AGENDA TRANSMITTAL Subject: Park/recreational lands use policy; 0-00-20 Date Submitted: 9/6/00 For 'Agenda of: 9/13/00 EXPENDITURE KEQUIR.ED: $0 AMOLrNT BUDGETED: $0 APPROPKIATION KEOUIllED: $0 SUMMARY: This comprehensive policy for use of City recreational lands was approved at first reading on August 9, 2000. It provides for such lands to be classified as Parks, waterway facilities and public use facilities. Based upon the nature of the facility and its intended use, procedures and roles are set out governing special events and general use of each. RECOMMENDED ACTION: Move to adopt Ordinance O-00-20. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ORDINANC~ NO. 0-00-20 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, I~ORIDA, AMENDING ARTICLE i, CHAPTER 74 OF THE CODE OF ORDINANCES, PARKS AND RECREATION - 1N GENERAL; PROVIDING I~OR CONFLICT; PROVIDING ]FOR SEVERABILITY; PROVIBING FOR AN EFFECTIVE DATE. Wlg[EREAS~ the City Council has determined that a comprehensive policy on the use of City recreation facilities would be in the public interest', NOW, TI:rEREFORE, tie IT ORDAENED BY THE CITY COUNCIL OF ~ CiTY OF SEBASTIAN, ][NI)IAN RIVER COUNTY, ]FLORIDA, as follows: Section 1. That section 74-1 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 74-1. Definitions. .The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context dearly indicates a different meaning: Park Areas means any and all outdoor and covered grounds and facilities owned, operated or designed by the City for the purposes of recreational or leisure activities, except those facilities designated as Waterway Facilities or Public-Use Facilities below. Park Event means utilization of a Recreation Facility, other than a Public-Use Facility, or any portion thereof for any planned or organized event, other than a city-sponsored event, at which the City Manager reasonably believes between 50 and 300 persons will attend. Pubfic-Use Facilities means those city properties such as the Yacht Club, Community Center and the ball fields of the Barber Street Sports Complex, that by their very nature, are generally best utilized by designated groups for meetings, sporting events or community programs. Recreation Facifities means any and all real property owned or maintained by the City for the purposes of active or passive recreation, community and civic gatherings, open space and such other traditionally related activities. However, these provisions shall .specifically not apply to the Sebastian Municipal Golf Course. SpecialEvent means utilization of a Recreation Facility, other than a Public-Use Facility, or any portion thereof for any planned or organized event, other than a city-sponsored event, at which the City Manager reasonably believes more than 300 persons will attend. Waterway Facilities means any structure constructed on or over the waterways of the City such as a public dock, boat ramp, seawall or boardwalk, as well any pedestrian walkway constructed or maintained by the City running over or along its waterways. Section 2. That section 74-2 of the Code of Ordinances, City of Sebastian, Florida is hereby mended to read as follows: Sec. 74-2. Designation by Resolution The City Council shall designate by resolution the classification under this Chapter of each Recreation Facility in the City. Section 3. That section 74-3 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 74-3. Regulations; promulgation and approval by resolution. (a) The City Manager is hereby empowered and authorized to adopt, promulgate and enforce reasonable rules and regulations which shall 'apply to City' Recreational Facilities. Co) All rules and regulations promulgated and adopted pursuant to this article shall, in order to be effective, be posted in a conspicuous place in the area where they are intended to be effective. The existence of such signs at any place within the City shall be prima facie evidence such signs were erected or placed with the authority of the City Manager. (c) Any person violating any such rule or regulation promulgated and posted pursuant to this article shall be subject to a fine of up to $500.00. (d) The Cit~ Council may by resolution, remove or modify any regulation promulgated pursuant to this section. Section 4. That section 74-4 of the Code of OrdinanCes, City of Sebastian~ Florida is hereby amended to read as follows: See. 74-4. General Regulations for Recreational Facilities. (a)Prohibited conduct; unla~fid acts. No person shall: (1) Use profane, obscene or threatening language or conduct within the area which unreasonably interferes with the enjoyment of the Recreational Facility by others. (2)Smoke in buildings or other areas except Where designated by signs posted by the City Manager Or his designee. (3)Knowingly interfere with, encumber, obstruct or render dangerous any part of a Facility. (4)Enter or leave any park facility by motor vehicle except at established entrance ways or exits, or at established times. (5) Use an electronic public address system or other mechanical sound amplification devices, including radios and electronic sound reproduction equipment of any kind at such a high volume level as to unreasonably interfere with the use and enjoyment by others of the facility. (6) Build or set fires except on cooking grills or self-contained cooking units in specified areas or upon written approval of the City Manager. (7) Possess, consume or serve any alcoholic or intoxicating beverages in any area therein unless in accordance with regulations allowing the same in conjunction with a City-sPonsored event, or as authorized by city permit for a function held at a Public-Use'Fac'flity. (8) Cause or permit a dog or other domestic animal, other than a service animal within the scope of Fla. Stat. 413.08, to enter the area unless such pet is maintained on a leash not to exceed six feet. '(9) Dump, deposit or leave any bottleS, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash anywhere on the grounds of the parks other than in proper receptacles provided therefor, and no such refuse or trash shall be placed in any waters in, or contiguous to, the parks or beach areas. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park bythe person responsible for its presence and properly disposed of elsewhere. (10) Drive or park any unauthorized motor vehicle on any area within any park or recreational area except designated park roads or parking areas; park/ any motor vehicle that is not authorized by the City Manager in any area other than an established or designated parking area; or park any motor vehicle that is not authorized by the City Manager within any Recreational Facility during the established hours that said area is closed to the public. (11) 02) 03) (14) Ride a bicycle on other than a designated vehicular road or path designated for that purpose; leave a bicycle ha any place other than a bicycle rack when such is provided, or leave a bicycle lying on the ground or paving or any place or position so as to presem any obstruction to pedestrian or vehicular traffic. Post public notices of a non-commercial nature except in designated areas and in accordance with time and place restrictions established by the City Manager. Operate a concession; sell, peddle, or solicit sell in any park without written prior approval of the City Manager or his designee. Bed down or sleep ha parks or recreational areas including any parlfing area except upon written approval of the City Manager; nor shall camper trucks, buses or trailers be permitted to remain ha such parking area between the hours of 12 midnight and 6:00 a.m. except boat trailers may remai~ in areas designated for the parking thereof during the time between launch and return of the watercraf~ it has transported. (b) ' $ignage. The City Manager is hereby empowered and authorized to regulate the use of Recreational Facilities within the context of this article by erecting or placing of signs regulating such use and hours of use. (c) Violations andpenalties. Violations of this section are punishable by a fine not exceeding $500.00 or imprisonment not exceeding 60 days, or both. .(d) Parental liability. Parents shall be held liable for conduct of their minor children. Section 5. That section 74-5 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 74-5. Additional Regulations Affecting Waterway Facilities (a) Prohibited conduct; unlawful acts. In addition to the restrictions set-forth elsewhere in this Chapter, no person shall within or upon Waterway Facilities: (1) (3) (4) Dive or jump into the water from such facility. Use railings or benches on piers or riverwalks for cleaning or cutting bait or fish. Push, propel or ride bicycles, scooters, skates or skateboards on piers or docks. Fish with more than two lines or poles at one time on piers or riverwalks. (5) Park or dock watercraf~ ufflized for a commercial purposes, including rental to the public, longer than reasonably necessary to launch or retreive the Co) Signage. The Cily Manager is empowered and authorized to further regulate Waterway Facilities within'the context of this article by erecting or placing of signs governing thek use. The existence of SUch signs, at any place within the city shall be prima facie evidence that such signs were erected or placed with the authority of the City Manager. (c) :Violations and penalties. Violations of this section are punishable by a fmc not exceeding $500.00 or imprisonment not exceeding 60 days, or both. (d) Parental fiability. Parents shall be hdd liable for conduct of their minor children. Section 6. That the Code of Ordinances,. City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-6 which shall read as follows: · · Sec. 74-6. Park events; procedure for permission. (a) No person shall conduct a Park Event without the prior approval of the City Manager as provided in this section. (b) Any person desiring to conduct a Park Event shall submit a written application to the City Clerk on forms promulgated by the City Manager and shall pay a reservation fee to the city not less than two weeks prior to the event. If use of electrical or water utilities on site is desired, the same must be requested on the application and an additional fee shall be required prior to issuance of the permit. The amount of reservation and utility use fees shall be established by resolution of the City Council. Any vendors that will participate in said Event must be listed on the application, and any structures to be erected .or otherwise assembled as part of the Event must be shown in schematic form as an attachment thereto. (c) Approval for a Park Event shall 'be granted if, in the discretion of the City Manager, the event will not unreasonably conflict with the use of the park by the public generally adequate measures will be taken by the applicant to protect the public health, safety and welfare regarding the following: (1) Traffic and parking; (2) Solid waste collection and removal; (3) Sanitary facilities; and _& (4) Security. The permit may contain such conditions as the City Manager determines in his discretion will be necessary to ensure satisfaction of these considerations. All vendors and other Event participants must meet all applicable permit or licensing requirements, and comply with all applicable laws, code provisions and duly -promulgated rules and regulations governing the use of the subject facility. Permits may only be issued in the name of an adult or legally organized organization. Any adult obtairdng a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. (d) In the discretion of the City Manager, city personnel or equipment may be needed for adequate protection of the public interest in conjunction with a Park Event. The city shall be reimbursed by the applicant for all costs of providing such personnel or equipment. The City Manager may as a condition of permit approval require that a cash bond or other suitable surety be posted with the city in advance of the event for the purpose of securing such reimbursement in an . amount deemed reasonable to pay such (e) The City Manager shall deny an application if either 1) J~ event will unreasonably conflict with the use of the park by the public generally, 6rf2) adequate measures cannot be taken by the applicant to protect the public health, safety and welfare. (f) The City Manager may require that the applicant insure the city against damage to city property and against liability of any kind resulting from the park event activities if the activities in his reasonable judgment create a risk of injury or property damage. The limits of insurance shall be determined by the City Manager. A certificate of insurance shall be filed with the City Manager not less than five days prior to the event. (g) A decision of the City Manager to deny, or to grant with conditions, ma application made pursuant to this section may be appealed by the applicant to the City Council. The appeal shall specify the grounds for the appeal and shall be in writing filed with the city clerk and shall be heard at the Council's next regular meeting. The City Council shall a~rm,' reverse or modify the decision of the City Manager considering whether'the park event will unreasonably conflict with the use of the park by the public generally and whether adequate measures will be taken by the applicant to protect the public health, safety and welfare. The decision of the City Council shall be final. Section 7. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-7 which shall read as follows: Sec. 74-7 Special events; procedure for permission :(a) No person shall .conduct a Special Event without the Prior approval of the City Council as provided in this section. '(b) Any person desiring to :conduct a Special Event shall submit a written application to the City Clerk on forms promulgated by the City Manager and shall pay a reservation fee to the city not less than six weeks prior to the event. If use of electrical or water utilities on site is desired, the same must be requested on the application and an additional fee shall be required prior to issuance of the permit. The amount of reservation and utility use fees shall be'established by resolution of the'City CounCil. Any vendors that will participate in said Event must be listed on the application. Further, any structure to be erected or otherwise assembled as part of the Event must'be shown in schematic form as an. attachment thereto: (c) It is anticipated that a Special Event will by its nature impact the use of the subject Recreation Facility by the public generally, and will have other implications for the public health, safety and welfare~ Towards that end, the applicant shall meet with the City Manager to discuss the measures to' betaken regarding such public welfare issues and compensation to the city for additional costs incurred in conjunction therewith, with particular focus on the following: (1) Traffic and parking; ~ '(2) Solid waste collection and removal; (3) Sanitary facilities; and" (4) Security. If City resources are needed to adequately protect the public interest, the City Manager shall address how these resources will be allocated and the degree to which the applicant shall reimburse the City. Following such discussions, the City Manager .shall submit the application to the City Council with his recommendation as to whether said Event is in the best interests of the public, and also submit a proposed agreement governing mitigation measures, and financial responsibility therefor, of the public welfare issues raised by the Event. (d) All vendors and other Event participants must meet all applicable permit or licensing requirements, and comply with all applicable laws, code provisions and duly - promulgated rules and regulations governing the use of the subject facility. Permits may only be issued in the name of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. (e) The City Council shall deny an application if the Event will unreasonably conflict with public policy or adequate measures cannot be taken by the applicant to protect the public health, safety and welfare. A decision of the City Council to deny, or to grant with conditions, 'an.application made pursuant to this section shall be Section 8. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-8 which shall read as follows: Sec. 74-8. Public-Use Facilities; procedure for use. (a) Application. This procedures set forth in this section govern all uses of enclosed Public-Use Facilities, and the organized and dedicated use of all open-air Public-Use Facilities: No permit is required for the casual use of open-air Public-Use Facilities in accordance with established regulations when said Facilities are not dedicated to a permitted user. Co) Leases and lntergovernrnental Agreements. Upon a finding that the public interest will be duly served thereby, the City Council may enter into leases with non-profit organizations, as well as intergovernmental agreements, of up to five years duration providing for the exclusive use of a Public-Use Facility during certain time periods. In considering whether any compensation shall be due the city, 'or the amount thereof, to off-set added maintenance, utility or other costs, the Council shall consider the public purpose being served by the user and the degree to which said public benefits inure to the taxpayers of the City rather than nonresidents. (c) Perrnittingprocess. Any person desiring to use a Public-Use Facility except as set forth above shall submit a written application for a permit to the City Clerk on forms promulgated by the City Manager and shall pay a reservation fee to the city not less than two weeks prior to the event. However, any use requiring Council approval pursuant to subsection (e) must be submitted not less than four weeks prior to the event. The amount of the reservation fee and rental rates for said Facilities shall be established by resolution of the City Council. Service of food or use of kitchen' facilities is not allowed unless requested in the application, and an additional fee as established by resolution of Council, may be charged. Permits may only be issued in the name of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. (d) _Prohibited uses. No permit shall be granted for the commercial use of a Public-Use Facility, although fund-raising for non-profit organizations shall be allowed subject to Council approval as set forth below, in the event that gambling activity is to be a part of the Permitted use, the City Council shall make a determination that such activity is not in conflict with the general law of the State of Florida. (e) CounCil approval. In the event that the proposed Use may inClUde activities involving gambling, alcoholic beverages, the use of a facility for greater than eight hours or after 11:00 p.m., or if a charge for admission, food costs, required donation or other fee is to be assessed, then the permit can only be issued upon approval of the City Council. (f) City Manager approval. Other than permits requiring Council approval, the City Manager shall issue a use permit for a Public~Use Facility upon a determination that the same is consistent with the public interest and in .accordance with applicable law. The permit shall be conditioned upon compliance .with all applicable laws and regulations, posting of a security deposit covering.potential expenses from clean-up .and damage in an amount established by resolution of Council and, if the permitted activity requires the use of additional City resources, adequate provisions to off-set such associated costs. The Manager may impose such other reasonable conditions as are necessary to protect the public interests. (g) Appeal. A decision of the City Manager to deny, or to grant with conditions, :an application made pursuant to this section may be appealed by the applicant to the city Council. The appeal shall specif-y the grounds for the appeal and shall be in writing filed with the city clerk and shall be heard at the Council's next regular meeting. The City Council shall affirm, reverse or modify the decision of the City Manager. The decision of the City Council shall be final. Section 9. ' That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-9 which shall read as follows: Sec. 74.9. Claims against security deposit. All or part of the security deposit for any permit issued under this Article shall be forfeited to the City if it is determined by the City Manager that non-compliance with the terms of this Article or conditions of the permit occurred, or if damages to the facilities have occurred which can be attributed to the applicant. The City Manager is authorized to pro-rate the amount of estimated damages and shall return any amount of the deposit in excess of estimated damages. Damages are determined to be either physical destruction to the facilities or costs associated with specific clean-up attributable to the applicant. The decision of the City Manager may be appealed to the City Council. The City Council may affirm, reverse or modif3' the decision of the City Manager after considering the facts as presented by .both the applicant and the City Manager. Section 10. That the Code of Ordinances, City of Sebastian, FlOrida is hereby amended to create a new section tobe numbered section 74-10 which shall read as follows: See. 74-10. Permit rescission The City Manager is authorized to rescind any permit found in violation of provisions of this Article when it is deemed in the best interest of the public. ViolatiOns of any provisions of this Article may result in the forfeiture of the security deposit as provided above. The decision of the City Manager may be appealed to the City Council. The City Council may affirm, reverse or modify the decision of the City Manager after considering the facts as presented by both the applicant and the City Manager. Section 11. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 12. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this 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 13. EFFECTIVE 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 13th day of September, 2000. CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn M. OStallora~ MMC City Clerk By: Walter Barnes, Mayor Approved as to form and legality for reliance by the. City of Sebastian only: Rich Stringer, City Attorney 1 City of Sebastian, Florida Subject: Special Use Permit Application for Chestnut 512 Cai'wash. v~d for Subm~ by.x7 _ Agenda No. ~,f~? Department Origin:.t~.pwth Management Tracy E. Hass ,~} Date Submitted :August 31, 2000 For Agenda of: September 13, 2000 Exhibits: Exhibits: R-00-45, Application, StaffRepor~, P&Z minutes and Location Map EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None , : SUMMARY Ken Chestnut has filed for site plan/special permit review for the proposed development of a commercial car wash facility along CR 512 just East of Barber Street. The proposed development for the subject parcel is for construction of a 2,798 SF five-hay self service carwash facility, together with associated parking, water and sewer service, drainage, and landscaping. Access to the site will be accomplished via a right-in, right-out driveway connection to CR-512 and a cross access easement as required by code is being provided to the neighboring properties. Proposed water and wastewater service to the site will be accomplished via connection to Indian River County Utilities. Stormwater runoff for the proposed development will be routed to an on-site retention area. The site contains .59 acres, or 25,600 SF of total land area. Of which, 15,874 (62%) is impervious surface and 9,726 SF (3 8%) is open area. The granting of a special use permit for this project is required due to car washes not being specifically provided for in the zoning regulations. Additionally, the Planning and Zoning Commission at their regular meeting on Thursday August 3, 2000 unanimously approved the Carwash site plan and recommended approval of the special use permit application with the following conditions: 1. A stop sign shall be installed at the egress on the property side (Southside) of the sidewalk. An eight (8) foot wall shall be installed on the rear of the property instead of the six (6) foot wall shown on the plan. 3. The hours of operation shall be limited to 7:00 am to 10:00 pm. All above conditions have been agreed to and addressed by the applicant. RECOMMENDED ACTION Hold a public application. hearing and approve Resolution R-00-45 for the Chestnut 512 Carwash Special Use Permit RESOLUTION NO. R-00-45 A RESOLUTION OF ~ CITY OF SEBASTIAN, FLORH)A, APPROVING A SPECIAL USE PERMIT FOR CItESTNUT 512 CARWASH LOCATED ALONG C.1L 512 EAST OF BARBER STREET; PROVII)ING FOR CONFLICTS PROVIDING FoR EFFECTIVE DATE. WItEREAS, Ken Chestnut has filed an application for approval of a special use permit to operate a commercial carwash in the C-512 zoning district; and WltEREAS, stafffinds the requested permit to be in compliance with the Comprehensive Plan and LDC ofthe City and said special use permit was recommended for approval by the Planning and Zoning :Commission on August 3; 2000, subject to three special conditions; NOW TKEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. SPECIAL USE PERMIT A~PPROVAL. The City Council of the City of Sebastian does hereby approve a special use permit for operation of the Chestnut 512 Carwash in accordance with the plans and application maintained on file with the City Growth Management Department, subject to the following special conditions: 1. 2, 3. A stop sign shall be installed at the egress on the south side of the sidewalk along C.K. 512; An eight foot wooden fence shall be installed on the rear of the property rather than the six foot wall shown on the plans; and The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith, are .hereby repealed. Section $. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmernber and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilrnember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of September, 2000. CITY OF SF. BASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Kattu)m M. O~dloran, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, I Permit Application No. City of Sebastian ' I Development Order Application I Applicant (if not owner, written authorization (notarized) from owner is required) Name: Mr. /~en Chestnut Address: 835 11th Avenue SW Vero Beach, FL 32962 Phone Number. (561 ) 563 - 0904 FAXNumber. (561) 567-5592 E-Mail: Owner (If different from applicant) Name: Same as APplicant Address: -I I -I I Phone Numbe~. ( ) - FAX Numbe~.. ( ) E-Mail: Type of permit or action requested: , Site plan PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT You ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2' BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. A3-~ACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. IA. Project's Name (if applicable): ChestnUt 512 Carwash B. site Information Address: · CR512 East of Eot: 12-1 5 Block: 1 86 Indian River County Parcel #: Zoning Classification: C-51 2 Existing Use: Vacant Barber Street Unit: Su~ivision: 8 Sebastian Highlands Future Land Use: Commercial 5 Proposed Use: Car wash C. Description of proposed activity and purpose of the requested permit or action (attaC~--eXtra sheets if necessam/): Site Plan approval for a 5 bay car wash E RECEIVED: '7 CD~200~ rov e~: o8/~7/97 F I Revision: FEE PAl D: $ ~g~). ~'~ RECEIVED~~;~, Page '1 of 3 IDeveloprnent Application File Name: Dca I i I I Permit Application No. D. Project Personnel: Agent: Name: Address Mr. Randy L. Mosby, P.E. Mosby & Associates, Inc. 2455 14th Avenue Vero Ph0ne~umbe~(561) 569 ~035 Beach, FL 32960 FAX Number: ~61 ):778 - 3617 E-Mail: Attorney: Name: Address Phone Number. ( ) .- FAX Number. ( E-Mail: Engineer: Mr. Randy L. Mosbl;, P.E. Name: Mosby & Associates, [nc. Address 2'455 14th Avenue Vero Beach, FL 32960 Ph0neNumben (561) 569-0035 FAX Number. (561 ) 778 -361 7 E-Mail: surVeYor: David M. Jones Surveying Name: Mr. David Jones Address 2345 14th Avenue Vero Beach, FL 32960 Phone Numbe~. (561) 567 - 9875 FA~Numbe~. (561 ) 567 -91 72 E-Mail: I. Ken Chestnut . SEING FIRST DULY SWOI~N. DEPOSE AND SAY THAT:X ,, I AU THE OWNEI~__ I WHO IS PERSONAL~Y~HaW~TO AS IOENTIFIcATI~. THIS i~DAYOF .~ d~ . ~ ~ ~J . ~'~ NOTARY'S SIGNATURE' [ Fo~ C~,O0, J P.ge 2 of 3 r Devel°pment Application J Permit Application No. The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/tJVE,--X THE OWNER(S) ...... THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE P_].aZ3.~'~g & ~.OD_iDC~ BOARD~t~-OMIMISSIO_~I'I'I'I~OF :l'HE CiTY OF SEBASTIAN (THE 'BOARD'/'COMMIS$1ON") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/~/VE HEREBY. WAIVE ANY OBJECTION OR DEFENSE I/~/VE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING' Tile PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR 1;HE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOTAS A RESULT OF ANY COERCION APPUED, OR DE, BYANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF~HE CITY OF SEBASTIAN. - .DA'rE / Sworn to and subscribed before me by w~/~'fl/~l ~ ~1L ~ ~?~"-/~J .who is personally known to m. ~ produced as identification, this l~_~-, day of ~'"Ct t_~ , I,~. ~ Printed Name of Notary .~, Commission No./Expiration ~_~.,. ~ ~/~C;:~ [ Seal: 'L For 2oo J Approved: Oa/2T/gT Revision: Page $ 0£3 Development Application F~ie Name: Dca I I. I I I I I I. I I I I I JUL. l~. ~0 9:5~ ~LD~ I~]~T S~RSTI~ MO. 71~. P.S/7 Permit Application No.. Supplemental Information Special Use Permit ~ (ATTACH ADDITIONAL PAGES IF NECE'~ARY.) X 1. Describe the use for which this spec~a; use permit is being requested: Carwash X_ 2, Describe how %he g'ranting of the special use permit will not be de,mental to the · pul]lie safety, health or wetf~e or be injurious to other properties or · improvements within the immediate vicinity in whic~ the propert~ is located. If not, whynot. (AEached additional pages, if necessary): The located on a major arterial roadway system and proper buffers are provided to the south 'to protec't the adjacent residential areas. Describe how the 'use requested is consistent ~.,ith the purpose and intent ot: the zoning district, and that the use is slmilar in nature and compatible. ~ffi ~e uses allowed in such.~strict If noL why not. '~tra~ additional ~ges, if necessa,);~he groposed use qs ideal_ ~or the surrounding area and is compatable with other businesses in the X_ 4. Attach a list of the names and addressas of all owners of parcels =f. real property within three hundred (300) feet of the parcel t~ be considered. area. Growth Management Department Special Use Permit Application - Staff Report Project Name: Chestnut 512 carWash Requested Action: Special Use permit ~apProval for a car wash facility. Project Location a. Address: CR 512 East of Barber Street b, Legal: Indian River County Parcel Number: Project Owner: Ken Chestnut 835 11th Avenue SW Vero Beach, Florida 32926 (561) 563-0904 fax: (561) 567-5592 Project Agent: Mosby and Associates Mr. Randy L. Mosby, P.E. 2455 14~ Avenue Vero Beach, Florida 32960 .(561) 569-0035 fax: (561) 778-3617 Project Engineer: Same as above Project Surveyor: David Jones 2345 14th Avenue Vero Beach, Florida 32960 (56!) 567-9875 fax: (561) 567-9172 Project Description 'Narrative of proposed action: The applicant has filed for site plan review for the proposed development of a commercial car wash facility along CR 512 just East of Barber Street. The proposed development for the subject parcel is for construction of a 2,798 SF five-bay self service carWash facility, together with associated parking, water and sewer service, drainage, and landscaping. Access to the site will be accomplished via a right-in, right-out driveway connection to CR-512 and a cross access easement as required by code is being provided to the neighboring properties. Lot 13 is. designated as a site for a permanent curb cut along CR-512 and the applicant is proposing the driveway be located on lot '15. Proposed water and wastewater service to the site will be accomplished via connection to Indian River County Utilities. Stormwater runoff for the proposed development will be routed to an on- site retention.area. The site contains .59 acres, or 25,600 SF of total land area. Of which, 15,874 (62%)is impervious surface and 9,7'26 SF (38%) is open area. Current Zoning: C-512 AdJacent Properties Zoninq Current Land Use · Future Land Use North: CR-512 County Road 512 CR-512 East: C-512 Vacant C-512 South: C-512 Vacant · C-512 West: C-512 Vacant C-512 Site Characteristics (1) Total Acreage: .59 acres (2) Current Land Use(s): Vacant (3) Soil: St. Lucie (4) Vegetation: Scrub, Oaks, Pines (5) Flood Hazard: zone x (6) . Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency Barber Street Sportsplex-1 mile a. Future Land Use: b. Traffic Circulation: c. Housing: d. Public Facilities: e. Coastal Management: indian River Fire - 1 mile Sebastian Police- 2 miles consistent consistent consistent consistent consistent 10. 11. 12: 13. 13. f. Conservation: consistent g. Recreation and Open Space: consistent Is the granting of the special use permit detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity in which the'property is located? There are currently two (2) self-service car wash facilities in operation within the City that are similar in design and layout as the proposed. There are nO reports or records of harm to the public safety, health or welfare from the operation of either facility. It is reasonable to determine based on these facts that the proposed will not be detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate Vicinity in which the property is 'located. Is the use requested consistent with the purpose and intent· of the respective zoning district, and can it be demonstrated to be similar in nature and compatible with the uses allowed in the zoning district? Although not in operation, the City Council did authorize a drive-through car wash facility for the Exxon station located just East of Fleming Street on CR-512. At that time it was determined similar in nature and compatible with the uses allowed in the zoning district. However, although it is located on CR-512, the underlying zoning for the EXXon is Commercial General. Is the requested use consistent with the Comprehensive Plan and Code of Ordinances. Yes Additional Considerations: In approving a special use permit, the City Council may require such conditions as will, in its'judgment, substantially secure the objectives and intent of the zoning regulations. Other Matters: The granting of a special use permit for this project is required dueto car washes not being specifically.provided for in the zoning regulations. Additionally, the Planning and Zoning Commission recommended approval of said special use permit with the following conditions: 1. A stop sign shall be installed at the egress on the property side (Southside) of the sidewalk. 2. An eight (8) foot wall be installed on the rear of the property instead of the six (6) foot wall shown on the plan. 3. The hours of operation shall be limited to 7:00 am to 10:00 pm. All above conditions have been agreed to and addressed by the applicant. 3 14. Analysis: The applicant has filed for site plan review for the proposed development of a commercial car wash facility along CR 512 just East of Barber Street. The proposed development for the subject parcel is for construction of a 2,798 SF five-bay self service carwash facility, together with associated parking, water and sewer service, drainage, and landscaping Access to the site will be accomplished via a right-in, right-out driveway connection to CR-512 and a cross access easement as required by code is being provided to the neighboring properties. Lot 13 is designated as a site for a permanent curb cut along CR-512 and the applicant is proposing the driveway be located on lot 15. Proposed water and wastewater service to the site will be accomplished via connection to Indian River County Utilities. Stormwater runoff for the proposed development will be routed to an on-site retention area. The site contains .59 acres, or 25,600 SF of total land area. Of which, 15,874 (62%) is impervious surface and 9,726 SF (38%) is open area. 15. Conclusion: The proposed special use permit is consistent with all regulations as established by the Comprehensive Plan, Land Development Code. and Code of Ordinances. Recommendation: Staff and the Planning and Zoning Commission recommend the City Council find the requested special use permit for a carwash on CR-512 is not detrimental to the public safety, health or welfare nor injurious to other properties or improvements within the immediate vicinity and the use requested is consistent with the purpose and intent of the C-512 zoning district, and it is similar in nature and compatible with the uses allowed in the C-512 zoning district. 4 CiTY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING - AUGUST 3, 2000 This meeting was voice broadcast over Charter Communication Cable Television Channel 35. Chairman Schulke called the. meeting to order at 7:03 pm.. The Pledge of Allegiance was said. ROLL CALL: PRESENT: EXCUSED ABSENCE; ALSO PRESENT: Mr. O'Donnell Chron. Schulke Mr. Smith Ms. Carbano(a) VC Mather Tracy Hass, Growth Management Director Dorri Bosworth, Secretary Rich Stringer, City Attorney Mr. Mahoney Mr. Barrett Ms. Vesia ANNUNCEMENTS: Chmn. Schulke announced that City Council has appointed Mr. Smith to full member status. He noted that VC Mather is excused from tonight'S meeting and Ms. Carbano(a).'will be voting in his place, APPROVAL OF MINUTES: (7/20/00)' MOTION by Barrett/Vesia I recommend we approve the minutes of July 20, 2000. A voice vote was taken. 7 - 0, motion carried. NEW BUSINESS: Attorney Stringer explained the Public Hearing and Quasi Judicial Hearing process. A. Recommendation to City Council - Public Hearing - Special Use Permit- Car Wash Facility - C512 Zoning District - K. Chestnut Randy Mosby of Mosby & Associates, Vero Beach, FL, was present representing the applicant. Randy and TracyHass were sworn in by the Chairman. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 3, 2000 Mr. Mosby gave a brief presentation and addressed the drainage issue and the condition of the alley. Tracy Hass .gave staff presentation which recommended approval of the special use permit and the site plan with two conditions as outlined in the staff report. Mr. M.osby noted that the applicant is in the process of obtaining permits from Indian River County Utilities for a lift station and the water flow will be completely self- contained. He also noted that the water will be recycled with minimal discharge to public sewer. There was further discussion of the water source anc~ disposal. It was also noted that this facility will have a restroom. Chron. Schulke opened the public hearing at 7:23. Mr. Arthur Harris, 86'1 Dale Circle, commented that the two other car washes in town are enough, and spoke in opposition to this application. Ms. Shirley Harris of the same address spoke on this issue also. Ms. Mary Rose McCarthy, 874 Wentworth St., spoke in opposition to this permit. The issue of hours of operation were discussed and Mr. Hass noted that this is an issue that can be addressed. Mr. Mosby noted the buffers for the lights and suggested installing an eight (8) foot fence, and commented that this applicant would comply with the same hours of operation as allowed at the car wash facilities on U.S. #1. It was noted that an eight (8) foot fence would have to be approved by Planning .and Zoning. The issue of stop bars, stop signs, and the placement of the sidewalk and bike path were discussed. Mr. Mosby agreed to include an additional stop bar and another stop sign at the property line. Mr. Hass read parts of the code that pertain to "drive-through facilities". Ms. McCarthy spoke again about the hours of operation. Mr. Kenneth Chestnut, 9848 - 88th St.,. Vero Lakes Estates, one of the owners of the car wash, spoke of.his desire to keep a clean car wash and be on good terms with the neighboring residents. He expressed his opinion that 10:00 pm seemed like a reasonable time to close this facility. John Scherer, 841 Wentworth Street, agreed with a 10:00 pm closing time, and commented on the water usage and disposal. ' Chron. Schulke closed the public hearing at 7:51 pm. Mr. Barrett suggested the Commission consider the 10:00 pm closing time as a condition of approval. Mr.. Smith also noted the sidewalk issue. The members also mentioned the eight (8) ft. high opaque fence. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 3, 2000 There was a discussion about installing a masonry fence, and the owner agreed to a masonry wall, eight (8) feet high, MOTION by ,Barrett/Smith I'll make a motion we recommend to City Council approval of the special use permit 'including the recommendations by staff, but also including recommendations from the Commission that a stop sign be installed on property · side of the sidewalk on egress, an eight (8) foot masonrY wall be installed instead of the six (6) foot wall shown on the plan, that hoUrs of operation be from 7:00 am to 10:00 pm. Roll call: Mr. Barrett - yes Chmn. Schulke - yes Ms. Vesia - yes Mr. Mahoney - yes Mr: Smith - yes ~Mr, O'Donnell -yes Ms~ Carbano{a) ~ yes The vote was 7 - 0. Motion carried. B. Quasi-Judicial Hearing - Site Plan Review - Chestnut $12 Carwash- Lots 12 thru 15, Block 186 -Fellsmere Road ~ Chron. Schutke opened the hearing at 7:55 pm. reported. No 'ex parte' Communications were RandY 'Mosby made note of his prior testimony and made himself :available 'to answer any questions. He noted that the auto vacuums Will make .very little noise. Mr. Hass noted that his previous presentation stands for this hearing. There were no presentations from proponents or opponents and the Chairman closed the hearing at 7:59 pm. MOTION by Barrett/Smith I'll recommend that we approve the site plan for the Chestnut 512 Carwash based on the conditions established in the special use Permit previously approved. Roll call: Ms. Vesia - yes Mr. Barrett - yes Mr, O'Donnell -yes Mr. Mahoney -yes Mr. Smith - yes Ms. Carbano(a) - yes Chmn. Schulke ~ yes The vote was 7 - 0. Motion carried. (A break was taken from 8:01 to 8:14 pm, with all members previously present returning.) I 1 I i I i ORMATION .... KEN CHESTNUT VERO B~CH, FLORIDA 52962 SURVEYOR 2~45 ~4TH AVENU~ VERO B~CH. FLORIDA 52960 561-567-9875 cOMMERCIALAR~ 512 DI~EICT SITE DATA = CONCR~ AR~ ~ 1,9~8 SF = 0.05 PAYMENT AR~ ~ 11,128 SF =' 0.26 Subject: Preliminary Development Plan/Site Plan for Acorn Acres Subdivision. City of Sebastian, Florida Agenda No. Department Origin:_C_~ro~wth Management Tracy E~ Hass ~~ Approved for Submi~__.J:~: , ' '(.,../'."----~''/"' ..~~'.. ~ .... Date Submitted: August 31, 2000 ~/~ For Agenda of: September 13, 2000 Exhibits: Exhibit~l(-00-46, Application,' Staff Report, P&Z minutes, Preliminary Plat/site plan and Location Map EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQU/RED: None REQUIRED: None None SUMMARY David Fahmie has applied for Preliminary Plat approval for property lying just East of the existing Acorn mini-storage business located along County Road 512. The preliminary plat is for adding a 1.95 acre parcel to the existing 3.04 acres. The reason for the subdivision is that a parcel of land can only be divided one (1) time and each subsequent division requires a subdivision plat. The existing 3.04 acre parcel was at one time parceled out of an original 6 acre parcel. The additional parcel is for the development of additional mini-storage units located within the Acorn mini-storage project. Total size of the project is 4.99 acres or 217,694 SF. Of which, 171,751 SF (78.9%) is impervious area and 45,943 SF (21.1%) is pervious area. The Planning and Zoning Commission at their regular meeting on Thursday August 3, 2000 unanimously approved the Acorn mini-storage site plan and recommended approval of the Acorn Acres Preliminary Plat. RECOMMENDED ACTION Hold a public hearing and approve Resolution R-00-46 for the Acorn Acres Subdivision Preliminary Plat. RESOLUTION NO. R-00-46 A RESOLUTION Olr THE CITY OF SEBASTIAN, FLORIDA, APPROVING ~ PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS ACORN ACRES SUBDMSION LOCATED ALONG C.IL 512 WEST OF Y.E.C. RAIl,ROAD RIGHT-OF-WAY; PROVIDING FOR CONFLICTS ~REW1TH; PROVIDING FOR EFFECTIVE DATE. .. ~REAS, Acorn lVfini Storage, Inc., a Florida corporation, has filed an application for approval of a preliminary plat for a subdivision known as Acorn Acres Subdivision; and WHEREAS, said preliminary plat was recommended for approval by the Planning and Zoning Commission o~ AuguSt 3, 2000; NOW TI:I-EREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. PRELIMINARY PLAT APPROVAL. The City Council of the City of Sebastian does hereby approve the preliminary plat for Acorn Acres Subdivision prepared by William E. Hayhurst as maintained on file with the City Growth Management Department. Section 2. CONFLICT. All resolutions or parts of resolutions in cordlict herewith, are hereby repealed. Sectio,, 3. EFFECTIVE DATE. immediately upon its adoption. This resolution shall take effect The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A..Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor'thereupon declared this Resolution duly passed.and adopted this 13th day of September, 2000. 'CITY OF SEBAS.TLAN, FLORIDA and, upon being put into ATTEST: By: Mayor Walter Barnes Kathryn M. O~I-ialloran, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attomey Permit Application No,, City of Sebastian Development Order Application · ~ Applicant (If not owner, written authorization (notarized) from owner is required) Phone Number:. (~'¢l) E-Mail: - FAXNumber: (5'~ ,)%~c/,- % ~"z~,~ i ' OWner (If different from applicant) -Name: · Address: Phone Number. ( ) -E-Mail: FAX Number. ( I I I PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS,-ETC. SHALL BE ATTACHED AND 81/2' BY 11; COPIES .OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): B. Site Information Lot: Block: Un~: Su~ivision: Zoning Classifi~tion: ~gvS~¢L Futu~ ~nd Use: Pmposed Use: Q, D~cdption of proposed a:ivi~ and pu~ose of the reque~ed pe~it or a~ion (a~ch e~ra shee~ if .~REC~IW~:I /5 /¢O Form CD-200~' - I ApProved: 08/27197 I Revision: FEE PAID: RECEIVED tDevelopmen~ Application File Name: Daa -' I - I i I I i J I I Permit Application No. ~ 'D. Pro/ecl Personnel: II Agent: Name: · Address I ' Phone Numben ( ) FAX Number. ( )' ' - E-Mail: ' I - Address , ' Phone Numben ( ) FAX Numben ( ) - i E-Mail: ' ' ' . i Engineer:' · - Name:. -. - . I .~ ~. ~_~,4~, ~.15. " " I Addre~ ~, I E-Mail: -- ~ .' : Su~eyor: ' ~ ~' '.. i 'Name: ' ' · . I_ 3,~- ~¢~~ '. ' ' " i- E-Mail: ",.: .' ' ' . i AM THE ~GAL REPRESENTATIVE OF THE OWNER OF THE PROPER~ DESCRIBED WHICH t8 THE SU~ECT I APPLICAT~?AND THAT ALL THE INFOR~MON, ~PS, DATA AND/OR S~CHES PROVIDED IN THIS APPMCA~QN ARE ACCU~'~ND TRiO ~HE S~T OF ~ ~OWLEDGE AND BELIEF. I SIGNATURE ¢ gATE ~EINTED NAME OF NOTA.Y %- ~ ~~~ , % COMMISSION NO./~PIRATION ~~¢~ '~ ~~¢p~12 ,. ~ Fo~ C~200~ I PaEe 2 of 3 Development AppE~tion IL Ap¢~v~: 08~7/9T ~ Revision: ~ie Name: Doe Permit Application No. - The following is required for all comprehensive plan amendments~ zoning amendment (including rezoning), site plans, conditional use permits, special Use permits~ variances, exceptions, and appeals, THE OWNER(S) / Tile LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRISED WHICH IS 'THE SUBJECT OF THIS APPLICATION. HEREBY AUTHORIZE'.ECH'_A.N,D EVERY MEMBER OF TNE'¥~,..~^~ ct,~ '~ ~ ~,~, ~ ' BoARD/COMMiSSION OF THE CiTY OF SEBASTIAN (THE BOARD /"COMMISSION") TO PHYSICALLY ENTER L~ON THE PROI=%RTY AND VIE'VV THE PROPERTY IN' CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE JJVVE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY E~OARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY; INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED aY SUCH ENTERING OR VIEWING. THIS WAiVER.~.ND CONSENT IS BEING SIGNED BY MF. JUS VOLUNTARILY AND NOTAS A RESULT OF ANY COERCION APPLIED, OR Sworn to and subscribed before me by ~/~cVl/~ F~html~' '' ~w~o Is per~onall~ known to m..~ or produced · as identification, this ~ day of ~-"/~u./hg,-~_ · Printed Name O,. Notary ,~----- _ __ .~_...~,, ~_~/'~ L~ 6~P-TI'Ig Commission No./Expiration ~ '~- - ' ~ ~i- Form CD-200~ Page 3 of 3 Approved: 08/~7/97 Revision: File Name: Doe Growth Management Department Preliminary Plat Approval Application - Staff RePort 1. Project Name: Acorn Acres Subdivision 2. Requested Action: Preliminary Plat approval for the addition of a 1.95 acre parcel to the already existing 3.04 acre Acorn mini-storage project. 3. Project Location a. .Address: 189 Fellsmere Road Sebastian, Florida 32958 b. Legal: See site plan/survey = c. Indian River County Parcel Number: Project Owner: Acorn Mini-storage Inc. 189 Fellsmere Road Sebastian, Florida 32958 (561) 589-6939 fax (561) 589-3559 5. Project Agent: Project Engineer: Todd N. Smith, P.E. 440 11th Lane S.W, · Vero Beach, FI 32962 (561) 567-1882 Todd N. Smith, P.E. 440 11th Lane S.W. Vero Beach, FI.32962 (561.) 567-1882 Project Surveyor: William Hayhurst 1122 Old Dixie Highway Vero Beach, Florida 32960 (561) 569-6680 8. Project Description Narrative of proposed action: The subject property lies East of the existing Acorn mini-storage business located along County Road 512. The applicant has submitted preliminary plat plans to add a 1.95 acre parcel to the existing 3.04 acres. The reason for the subdivision is that a parcel of land can only be divided one (1) time and each subsequent division requires a subdivision plat. The existing 3.04 acre parcel was at one time parceled out of an original 6 acre parcel. The additional parcel is for the development of additional mini-storage units located within the Acorn mini-storage project. Total size of the project is 4.99 acres or 217,694. SF. Of which, 171,751 SF (78.9%) is impervious area and -45,943 SF (21.1%) is pervious area. Current Zoning: Adjacent Properties IN Zonin¢~ Current Land Use Future Land Use North; CR-512 County Road CR-512 East: IN Industrial IN South: RS-10 Residential/Vacant LD West: RS-10 Residential/Vacant LD d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: · (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency , a. Future Land Use: b. Traffic Circulation: c. Housing: d. Public Facilities: e. Coastal Management: 4.99 acres Vacant Immokalee Pine, Palm, Oak Zone X ' Indian River County Utilities Indian River COunty Utilities Riverview Park = 1/2 mile Sebastian Police = 1 mile Consistent Consistent Consistent Consistent Consistent f. Conservation: Consistent g. Recreation and Open Space: Consistent Contents 'of Preliminary Plat: . a. name of subdivision: provided - Acorn Acres b. vicinity sketch: provided c. legal description including section, township and range: provided d. north arrow graphic scale: provided · e. date of preparation .provided f. name, address, and telephone of applicant: provided g. name, address, and telephone of owner of record: provided h. name, address, and telephone of mOrtgage holder: provided i. statement that they will join in the dedication: provided j. name, address, and registration number of engineer: provided k. name, address, and registration number of surveyor: provided I. name of adjacent subdivisions, if any, including plat book and page number reference: provided m. names of owners of record of adjacent acreage: provided n.contOur map including a perimeter strip up to 150 feet in width. provided o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: provided , p. name, aliment and width of all existing and proposed streets, alleys, rights-of-way or easements including name, right-of-way widthI street or pavement width and established center line elevations. provided q. all existing and proposed property lines, easements and right-of. ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: provided 'X. access points to collector and arterial streets showing compliance to the access requirements: provided all existing drainage, district facilities and the ultimate right-of-way 'requirements: provided utilities such as 'telephone, power, water, sewer, gas, etc., on or adjacent to the tract: provided a statement that all utilities are available and have been coordinated with all required Utilities: provided sites proposed for parks, recreational areas and schools: none location of all temporary structures or permanent structures having a temporary use: N/A if borders public water, delineate the mean high water line: N/A plan for stabilizing shoreline with .natural vegetative cover or other environmentally sensitive manner acceptable :to DER and the city: N/A z. permanent reference monuments shall be shown at all block .corners, 'at all points.of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: provided aa. block perimeter returns at 'block corners or other block line intersection: provided' 4. Required Supplemental information existing land use policy and proposed policy changes: provided on-site wastewater disposal data: provided surface water management plan: provided traffic impact analysis: not required required park land and/or facility.improvements: N/A required potable water improvements: 'provided required wastewater improvements: provided erosion and sedimentation control improvements: provided reference to required improvements 4 IIh iv. V, ¥i. vii. VIII, ix, X. xii. Xlll. xiv. xvi. xvii. xviii. xix, XX. xxi, xxii. access: provided alleys: provided blocks: provided bridges: N/A comprehensive stormwater management system: provided easements: provided lots: provided seawalls, bulkheads, piers and docks: N/A soils: provided streets: provided bicycle/pedestrian paths: N/A off-street parking ~areas: provided utilities: provided utility installation: , provided central water system: Indian River County Utilities central wastewater system: Indian River County Utilities individual sewage systems: N/A water and sewage treatment and processing'plants: N/A median strips and entranceways: provided traffic contrOl devices: provided monuments: provided commercial and industrial subdivisions: provided mobile home subdivisions: provided 5. Fee paid yes Other Matters: The Planning and Zoning Commission at their regular meeting on Thursday August 3, 2000 unanimously recommended approval of the Acorn Acres Preliminary Plat. Analysis: The subject property lies East of the existing Acorn mini-storage business located along County Road 512. The applicant has submitted preliminary plat plans to add a 1.95 acre parcel to the existing 3.04 acres. The reason for the subdivision is that a parcel of land can only be divided one (1) time and each subsequent division requires a ~ibdivision.plat. The existing 3.04 acre parcel was at one time parceled out of an original 6 acre parcel, The additional parcel is for the development of additional mini-storage units located within the Acorn mini-storage project. Total size of the project is 4.99 acres or 217,694 SF. Of which, 171,751 SF (78.9%)is impervious area and 45,943 SF (21.1%)is pervious area. 8, Conclusion: The proposed preliminary plat is consistent with the Land Development Code, Comprehensive Plan and Code of Ordinances. Recommendation: Staff and the Planning and Zoning Commission recommend approval of the Acorn Acres Subdivision Preliminary Plat. 5 PLANNING AND ZONING COMMISSION ~,'" MINUTES OF REGULAR MEETING OF AUGUST 3, 2000 ~~,, ,, ""~,~,~ ¢, Recommendation to ¢i~ Council - Public, Hearing - Preliminarg Plat Review - Acorn Acres Subdivision - Fellsmere Road D. Quasi-Judicial Hearing -Site Plan Review-ACorn Mini-Storage - Phase II -189 Fellsmere Road - David Fahmie There were no ex parte' communications reported. Chmn. Schulke opened the Quasi-Judicial hearing at'8:15 pm. Todd Smith, 440 11th Lane, SW, Veto Beach, was sworn in by the Chairman at 8:17 pm. Mr. Smith gave his presentation and noted the =reasons for creating a one lot subdivision. He indicated that this facility will be similar to phase I and will have a. new fire hydrant. He also gave explanation of a "Murphy easement". Tracy Hass gave staff presentation noting ·that condition #2 in the staff report has already been indicated on the site plan. After discussion, it was clarified that this is a mini-storaqe project. There were no proponents or opponents to this project. Staff summarization was a recommendation of approval. MOTION by Barrett/O'Donnell I'll recommend that we approve the preliminary plat for Acorn Acres Subdivision. Roll call: Mr. Mahoney ', - yes Mr. Barrett - yes Mr. Smith - yes Ms. Carbano(a) - yes Chron. Schulke - yes Ms. Vesia -.yes Mr. O'Donnell - yes The vote was 7 - 0. Motion carried. MOTION by Barrett/Carbano(a) I'll make the motion that we approve the site plan for Acorn Mini-Storage in accordance with the staff report recommendation to deal with the landscaping. Roll call: Mr. O'Donnell - yes Mr. Mahoney - yes Chmn. Schulke - yes Mr. Barrett - yes Mr. Smith - yes Ms. Vesia - yes Ms. Carbano(a) - yes The vote was 7 - 0. Motion carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 3, 2000 CHAIRMAN MATTERS: None MEMBERS MATTERS: There was discussion about revising the site plan review fee, and Mr. Hass noted that all fees are going to be reviewed in the coming months. Mr. O'Donnell suggested that'all members be notified of the meetings by computer e. mail. He also suggested a safety rail at the one end of the dais. DIRECTOR MATTERS'. Tracy noted that the site plan for Ameritrend will be presented at a later date. He also noted a site plan for Maxwell Plumbing that will be coming before this Commission, and it is regulated by the old code. ATTORNEY MATTERS: None Chron. Schulke adjourned the meeting at 8:44 pm. (~oo City of Sebastian Subject: Construction Beard Approved' f0..r~Su bmittal~[.F---i~ Manager Exhibits: One application, board member, list, advertisement Expenditure Required: Amount Budgeted: Agenda No. ~ ~)O Department Origin: City Clef .~, ~ Date Submitted: 9/7/2000' For Agenda of: 9/13/2000 Appropriation. Required: SUMMARY STATEMENT The Construction Board has four openings due to term expirations effective 9/30/2000. This was advertised as required and one application was received from alternate member R. Scott Taylor who would like to become a regular member. RECOMMENDED ACTION Interview applicant, R. Scott Taylor, Unless waived, and appoint to the appropriate position: 1. Contractor, Regplp'r.member position of Meredith Fox - 2. Plumbing Contractor position of Michael Herbig 3. Engineer position of Andrew AIIocco . 4, Regular member position of Thomas Cecrle The remaining positions will be readverflsed. term to expire 9/30/2003 term to expire: 9/30/2003 term to expire 9/30/2003 term to expire 9/30/2003 HOME ADDI~ES$: HOlVIE PHONE: BOARD/CO~E ~ o APPLtCATI~N TO SERVE ON CITY (All CiW Board and Commi~ee Membmm Must be R.esidenim of the City of Sebasfian,~ A ¥OUA G Srm VOr 7 ?ej HOW LONG HAVE You BEEN A RESIDEI~ OF SEBAS~? DO YOU'PRESENTLY SERVE ON ANY OTHt/I{-CIT~. BOA_RD OK CO~? ~e_ y. BOARD OF ADIU~~ :' " cP.~rm~~ c~ (~-w ~ s ~ .-v~'7 ~) ...... .- crv~m s~c~ ~ ~o~r so~ CODE ~0~ BO~ CONSEU~ON BO~ ~i~P~ S~-~UA~ON CO~ P~G ~ ZO~G CO~SSION POLICE ~ BO~ OF ~US~ ~C~~ ~SORY BO~ ~ ~ORY BO~ OT~ ~O~Y CO~ NUMBER OF BOARD TERMS AND YEARS FOK EACH iNDIViDUAL ARE AS OF 3/1/2000 AND WILL BE REVISED AT TI-IE BEGINNqNG OF EACH MONTH CONSTRUCTION BOARD 3 YEAK TERMS MEETS 2ND TUESDAY EACH MONTH - '/:00 P.M. 643 CHESSEKAVENUE 'h~OINTED REGULAR lVIEMBER._~D../''~ ' SEBASTIAN, FLORIDA 32958 39g-0520 - Work ' TERMS: 9/30m0.K... (curr~tly in 2nd full t~nm MICHAEL HOLDRIDGE 734 A~S TERKACE SEBASTIAN, FL 32958 $89-0534 - Work 589-4202 - Home ELECTRICAL Co~croR APPOINTED REGULAK TERM TO REPLACE C.NEUBERGEPc 10/25/95' TERM EXPIRES: 9/30/98 KEAPPOINTED ELECTRICAL CONTRACTOR: 10114/98 'TERM TO EXPIRE: 9/30/2001 (Currently in 2ND full tar= and 5TH r=gular m~mb:r year) LEONARD GALBKAITH 574 BENEDICTINE TERKACE SEBASTIAN, FL 3295 g 388-5407 Home 589-g453 Shop 559-026] C~II (Currently in 1st term md 1.st r~gular memb~ry~ar) MICHAEL '[-IERBIG 1519 CLEARBROOK ST. SEBASTIAN, FL 3295~ 385-0852 - Home 559-3435 - Cell 37%1522 - Pag= (sim-nat= =rms and y=ars not count=d) (lst full t=rm - 5th P, agular Member Y=ar) APPOINTED TO KEGULAK TERM VACATED BY JERALD SM/TH: 12/15/99 TERM TO EXPIRE: 9/30/2002 'xx APPTED ALT. CONCEKNF~ CITIT-~N/~' '"~CATED BY TKUMAN S~/25/94 ' UNE~I~.ED TERM TO EXP~ 9/30/95 APPTED~G CONCE~ CITIZEN ~H ~LER~/95 /30/2000 g3 1485 BA.KBF~ STREET UNEXYIKED ~'K'POSITION OF SEBASTIAN, FLORmA 388-318$ TE~~: ~0 ~ ~- 11301 ROSE~-~. CO~~OR POS~ION~~ . 388-$705 - Home~, 913-3747- C~ll (No full tam. l~t~nfl,ar member year) LO~S W. ~C~ 1162 ~OQ~~ 3gg-57~ APPOINTED HARV CONTRACTOR' POSITION: 10/14/98 TERM TO EXPIRE: 9/30/100 t (lst fidl mrm. 2ND z%,u]ar member year) PIERKE ~AQUETI~ 39 TREAgUR~ C~CLE SEBASTIA31, FL5'2958 589-6976 APPOINTED UNEXPIRED ALTERNATE CONCERNED CITIZEN TERM VACATED BY H. SMITH: 12/11/96 TEKM TO EXPIRE: 9/30/98 REAPPOINTED ALTERNATE CONCERNED CITIZEN: 10/14/98 TEP,.M TO EXPIRE: ' '. 9/30/2001 (Alm'nat~ ~ms a~.yemm not counted) K. SCOTT TAYLOR 117 ARCADIA DRFv'E SEBASTIAN, FL 3295 589=0123 - Home AP:PO~TED ALTERNATE CONTRACTOR POS1TION VACATED BY HEARNE: 10/14/98 TERM TO EXPIRE: 9/30/2001 (Alternate tenm a~l', years not counted) BOARD SECRETARY . KATHY NAPPI 84 I i-.lOIVi[. OF PEliCAN 15LAN'D :1.225 Main Street, Sebastian, Flodda 32958 I Telephone (561) 589-5330 - Fax (561) 589-5570 We~lte: www. cl~yofs~h~.~d~n.o~j - Em~il: ,~b/~cltyofseba~an.ot~ I AUGUST 2'-8, 2000 PRESS RELEASE co. su .c 0. THE CITY OF gEBASTIAN I~ SEEKING APPLICANTS TO FILL THE FOLLOWING POSITIONS1 ON THE CONSTRUCTION BOARI). , 1) PLU'M~ING CONTRACTOR 3) CONTRACTOli, REG~ ME1V~ER 4) REGULAR MEMBER QUALI~CA, TIONS:, RESIDENT OF THE CITY OF SEBASTIAN AND LICENSED OR REGISTERED WITH TKE CITY. THIS BOAP, D MEETS-THE SECOND TUESDAY OF'EACH MONTH AT 7.~0 P.M. IN THE COUNC~ CHAMB~S.. ' APPLICATIONS ARE AYAII,ABLE IN TI~ CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOt~S OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTEDTHKOUGH WEDNESDAY, SEPTEMBEK 6, 2000. City of Sebastian, Florida Subject: Herbert Storm / Release of Lien Terrence R. Moore, City Manager Department Origin: City Manager Date. Submitted: 8-16-00 For Agenda of.' 8-23-00 Exhibits: Excerpt of May 9~7,1998 City Council Meeting Minutes Memo Dated May gT, 1'998 to Mayor & Members of City Council From Valerie Settles, City A~torney EXPENDITU1KE AMOUNT BUDGETED: APPROPRIA~ON REQUIBED: REQUIRED: SUMMARY As reported in a memorandum dated, May 27, 1998 to Mayor and Members of City Council, from former City Attorney Valerie F. Settles, a release of lien against property owned by Mr. Herbert Sturm, 549 Saunders Street, Sebastian was to be filed with the Indian River County 'Clerk. Upon verification with the Indian River County Clerk's Office, it was determined that a release of lien against Mr. Stm~'s property was never filed. RECOMMENDED ACTION Move to authorize the City Attorney to file with the Indian River County Clerk a release of lien against property owned by Mr. Herbert Storm, located at 549 Saunders Street, Sebastian, FL. DATE: TO: FROM: Czty of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958' TELEPHONE (407) 388-8200 [] FAX (407) 589-5570 May 27, 1998 Mayor & Members of City Council Valerie F. Settles, City Attorney I I I I SUBJECT: Release of Lien-Herbert ,~urm The Purpose of this memorandum is .to inform you that'the Code Enforcement Board voted unaz~ousiy ~ week to release the lien created against property owned by Mr. He~e~ Strum and located at 549 Saunders Street, Sebastian, t~, by an Order of the Code Enforcement Board dated July 21, 1992. The Board cited the .displ:oportionate. relationship between the fine and the violation and the ambiguity of the Order. A release .of lien will be filed in'hhe Indian River County Clerk' s. Office. :' I I I I I I I I Regular City Council M~eting May 27, 199~ Page Five. 98.111 C. Folmal All,oroyal f_or Cub ~g!~l,t's Use of P,_iverview Park for Crossover C,~remo~ on May 21, 1998 (J~romaag Letter.) MOTION by Sullivan/Paul I would move approval of the Cub Scout's use of Riverview Park for the crossover ceremony. VOICE VOTE on the motion carried 5-0. Mr. Paul suggested trying to get through the rest of the agenda before Council Matters and Council concurred. CITY COUNCIL MATTERS B. C. D. E. Mr. Chuck Neuberger Mr. Larry Paul Mayor Ruth Sullivan Vice Mayor Martha Wiuinger Mrs. Louise Cartwright CITY ATTORNEY MATTERS The City Attorney stated that Code Enforcement had released the lien for Herbert Storm and submitted a memo (see attached). The City Manager said the lien was over $210,000. The City Attorney distributed a draft letter to the Chamber of Commerce regarding use of the old Chamber building and suggested it be discussed at a future meeting. 'The City Attomey encouraged attendance at a sunshine law conference in St. Lucie West. CITY_MANAGER MATTERS The City Manager extended his gratitude to Public Works Director, Pat Brennan, who is leaving the City tomorrow; reported that trees on George Street are being cut down; reported no parking signs have been installed on Indian River Drive; discussed the Dempsey/'Vocelle drainage matter, the Barber paving schedule, the Filbert Street site; and received Council concurrence to request the site back, and possibly approach it as a community effort. 176 City of Sebastian, Florida Subject: Authorize the City Manager to execute an Agreement between the City of Sebastian and Hanifen, Imhoff Iuc. for Financial Consultancy Services. A~or Sub~ ~..aj~er Agenda No. ~, a~O / Departmem Origin: Financq~._._~. Date Submitted: August 30, 2000 For Agenda of: September 13, 2000 Exhibits: Agreement betweea the City of Sebastian, Florida and Hanifen, Imhoff EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY During the course of various Cit-ywide initiatives that are on-going and possible upcoming opportunities, such as results from the Airport Master Plan and the Stormwater Master Plan, it will be necessary to extend finance staff capabilities, similar to engineering services, for determining' financial alternatives, exploration of various financing methods, analyzing projects and project feasibility from a financing perspective and assistance and advice as to the structuring of Obligations of the City. The fn-m Hanifen, lmhoffis well known and respected along the Space Coast and Treasure Coast for there work with the Cities of Melbourne, Palm Bay, Fort Pierce, Port St. Lucie, as well as the Counties of St. Lueie and Indian River in structuring various bond deals and working to establish various applications for special assessments and utility taxes. From a project financing perspective, it is vital to have all the players, specifically financial advisors, involved in projects from the beginning to provide input as to the financing alternatives of a particular project. Essentially, by contracting with the Finn of Hanifen, lmhoff, we are providing the City with an extensive array of finance professionals extending the current finance staff with the array of professionals outlined in the contract. Please note that this type of contract is on an as needed basis and if not needed, then .no expenditures will result from the contract. RECOMMENDED ACTION Move to authorize the City Manager to execute the Agreement between The City of Sebastian and Hanifen, Imhoff. I Hanifen, Imhoff I 1560 N. Orange Avenue, Suite 210 I wmter Park, Florida 32789 (407) 622-0296 AGREEMENT BETWEEN THE i ' CITY OF SEBASTIAN, FLORIDA AND HANIFEN, IMHOFF i TH/S AGREF_aMENT made and entered into this , day of ,2000 by and between the City of Sebastian, Florida (herein called the '--wr~-ty'') and Hanifen, Imhoff, a Division of I Stifel, Nicolaus & Company, Inc. (herehu called the "Consultant"). ' 'W T SS 'Ta: ' ' WHEREAS, the City has determined that it is in its best interest to retain a financial consultant to ad,rice the City with respect to certain financial, capital planning, budget, project analysis, and I investment matters; and WHEREAS, the City has determined to retain the Consultant; and I W-ftEREAS, the Consultant is well qualified by experience and capability of performing such financial advisory services; and I ~AS, the Consultant is desirous of providing financial consulting services to the City. NOW THEKEFO1LE, the City and the Consultant agree as follows: I A. TERM O1' AGREEM]gNT: i The te~m of this Agreement commences the date of acceptance and continues until November 1, 2005, unless otherwise extended by mutual agreement. Thereafter, the contract shall automatically renew · for successive three one year terms, l B. SERVICES PROVIDED BY ~ CONSULTANT: I The services to be performed by the Consultant on behalf of the City shall include financial consultancy services requested by the City including analyses of financing alternatives; development of I an operating, capital and/or strategic plan; project and project feasibility; exploration of various £mancmg methods; ass/stance with City investments; assistance with selection of bond counsel and disclosure counsel, assistance with selection of other project consultants, and assistance and advice as to the I stmcaning and marketing of Obligations of the City. I I AGREEMENT CITY OF SEBASTIAN, FLORIDA GENERAL SERVICES As requested by the City, attend and/or make presentations at public and staff meetings. Keview t~e City's capital improvement plardbudget and assist in developing a strategic capital financing plan. This would include current projects and future needs of the City. INVESTMENTS Assist in developing and/or updating, according to Florida Statues and City Laws, an investments Plan in cooperation with the City's staff and other consultants to the City. 2. Provide ongoing assistance to the City with its investment needs. Assist in developing and implementing an investment strategy for proceeds ~om any financings and other funds available to enhauce an overall financing plan. FINANCINGS/llEFUNDI2~G/LEASE FINANCI1NGS If bonds, notes, bank debt, capital leases, or other debt instruments or leases ("Obligations") are sold and delivered by the City, the Consultant shall perform, but will not be limited to performing, the following services: Advise and assist the City in stmctumg bond or bank debt financings in accordance with the City's financing needs and capital program. The Consultant will also assist the City in the review of any financing or leasing proposal. This includes determining thc principal amount of issues, establishing maturity schedules, analyzing the feasibility of various features such as calls, puts, premiums and freed or variable rates, advising.as to method of sale, and determining the timing of thc sale. If applicable, assist the City m the presentation of material to any. potential bank lenders or ]essors, and assist with any negotiations with ba~ks or lessors in thc arrangement of any bank debt or lease obligations. Prepare time schedules with bond counsel coordinating actions of the financing team, if appropriate, to assist the City in meeting its objectives and needs. Review, in cooperation with thc City's bond counsel, bond resolutions and other legal documents necessary for the successful issuance of Obligations. Keview all other materials for official bond documents, bank debt or lease related documents prepared by City staff, auditors and consultants. Assist the City and City's counsel in the preparation of validation proceedings, if applicable, and attend and testify, if requested, for the City as an expert wimess on the plan of finance. On bond or lease purchase financings, assist disclosure or underwriter's counsel in the preparation of the preliminary official statement and final official statement in cooperation with AGREEMENT CITY OF SEBASTIAN, FLORIDA the appropr/ate City officials and City counsel in conformance with full disclosure and continuing disclosure guidelines and requirements. If applicable, supply the necessary information to communicate with the major bond rating agencies and/or bond insurers or other providers of credit enhancement to obtain the best possible rating on City Obligations (if such rating or credit enhancement is determined to be in the best interest of the City and its financing program). Assist in negotiations/presentations to thc rating agencies, bond insurers, investors, or financial institutions, as applicable. If applicable, and for bond or lease purchase financings, assist in developing bids to obtain costs for printing for the preliminary and final official statements, bonds and other printing requirements, as well as evaluating such bids and arranging for the printing thereof. 10. Assist in developing and evaluating bids for registrar, paying agent, escrow agent or trustee as these services are required. 11. Assist in restructuring or refunding any existing Obligations .and the negotiations involved therein, including any work associated with obtaining debt service reserve, surety insurance, underlying ratings, etc. 12. If the Obligations are to be sold by competitive public sale: Assist the City counsel, bond counsel and disclosure counsel in the preparation of a notice of sale, bid form and other materials necessary to market the obligations and arrange for the necessary advertisements in The Bond Buyer and other pubhcations that will help promote the sale. Assist in 'distributing the preliminary official statement.to a large list of municipal bond underwriters and potential institutional purchasers, and take such actions .as deemed necessary to help develop market exposure of the Obligations. 13. Assist the City at the time of the public sale including evaluating all bids for compliance with bid specifications, verif34ng the true interest cost of bids received, and malting .a recommendation as to the award of the Obligations in the best interest of the City. If Bonds are to be sold by negotiated sale to a firm other than the Consultant (see section F. Conversion to Underwriting Agreement, below), or bank debt or lease financings is arranged the Consultant will: Assist in developing and distributing Requests For Proposals ("RFP's") or Request For Qualifications ("RFQ's") for either underwriter(s), bankers' or lessors and evaluating such proposals for underwriter(s), bankers or lessors. Assist the City in the evaluation of the underwriter(s) or 'bankers bids in relation to interest rates, gross spread, all-in-cost, terms and covenants. Any bank or lease proposal will be compared with other options available at that time. Assist the City in any negotiations regarding the underwriters' bond purchase contract, bank documents, or lease financing documents. This includes providing current market information from the Consultant's operation. AGREEMENT CITY OF SEBASTIAN, FLOR_IDA 4 14. Arrange for thc signing and delivery of thc Obligations to either the underwriter(s), bankers or lessors and assist in other arrangements for a successful closing for the Obhgations. COMPENSATION TO CONSULTANT: C.1. BOND OR LONG-TERM LEASE PURCHASE_(."COP"} FINANCINGS The City shall pay to the Consultant a fee in accordance with the following Fee Schedule: $15,000 Fee for any issue up to $2,500,000. $20,000 Fee for any issue from $2,500,001 to $5,000,000, .. $25,000 Minimum Fee for any issue over $5,000,000, plus $1.25 per $1,000 for all bonds over $5,000,000. If thc City receives a legal bid for the Obligations from a bona fide purchaser which complies with the bid specifications and offers acceptable interest rotes, and thereafter, the City decides not to issue the Obligations, the Consultant will be paid the appropriate compensation as set forth in this Section C.1. C.2. BANK OR LEASE FINANCING The City will pay to the Consultant a fee in accordance with the following Fee Schedule: $5,000 Fee for any financings up to $1,000,000. $7,500 Fee for any financings from $1,000,001 to $2,500,000. $15,000 Minimum Fee for any financings over $5,000,000, plus $1.25 per $1,000 for all financings over $5,000,000. The fees paid under both C.1. and C.2. above will cover the Consultant's professional services. In addition, the Consultant's travel, office, computer, communication and out- of-pocket expenses for engagements in Sections C.1. and C.2., will be reimbursed by the City following receipt of an invoice. ~.Any City authorized out-of-state travel and related expenses w/il be billed at actual costs, and approved bythe City on each financing. C.3. GENERAL SERVICES In addition to the financings noted above, the Consultant agrees to be available to advise the City from time-to-time as to budget/planning matters, financial planning, tax matters, economics and community development, referendum issues, investments and long-range capital planning. If the Consultant assists the City in these areas or designs a capital improvement financing plan or strategic operating plan at the request of the City, the Consultant shall be paid on an hourly basis for all time expended by its personnel. The hourly rates shall be as follows: Managing Director or Sen/or Vice President: Vice President, Assistant Vice President or Senior Analyst: $165.00/Hour 125.00/Hour CITY OF SEBASTIAlq, FLORIDA Associa~ Se~e~ec~fionist 25.00~o~ ~ ad~fion to such ho~ly fees, m Section C.2. . 1, Pro, de ~e Consulter, M~out e~ge, copies of Co,ell ~es~tafio~ matra1, ~e~g ~po~s, b~ ~d ~ve~t records, legal op~ons ~d o~ p~t ~sclos~e ~ o~ doe~fion as ~e Cons~t may r~aso~ably req~e m 2. Employ q~lifie~ Ci~ Co'scl, Bond 'Co,scl, ~d Diselos~e Co~sel; whose s~ees ~ eo~eefion av~able to ~e 3. Pay a~ ~penses xela~g to but not 1~ited a. Fees ~d e~p~ses of bond eo~sel, diselos~e eo~sel~ Ci~ eo~sel, auditors, bond re~sW~, pang agar, ~s~e, b~' fees exposes, ~e~s ~d ~y o~ eons~ ~d ad~s~s neeess~ for ~e completion b. Cost of~old~g election, if applicable. e. Cost bon~, if ~licable. ' d. Cost ofpr~ng ~d plac~g req~ed legal publication. e. Cost of ob~g ra~gs ~om ~e major rang ag~eies, ~elu~g costs of ~y preScriPtion ~eto ~d fees f. Cost of ob~g ~edit ~e~t or b~ or leas~g facilities, ~elu~g cost of g. ~y expenses rela~ve to ~e v~i~6on process, ~elud~g eo~ eons, ~vel e~ses, if ~y, ~d local adve~smg. h. Cost or p~g, au~fiea~g ~d deliv~ ~de~t~(s). i. Cost of elos~g, melud~g ~vel ~d lod~g for CiV officials. AGREEMENT 6 CITY OF SEBASTIAN, FLORIDA E. EXTRAORDINARY SERVICES: Should the City wish other specialized services of the Consultant, such as debt capacity analysis, specialized investment portfolio reports, management studies, referendum campaigns, investment studies, or other similar programs, the Consultant agrees to offer such services available from the Consultant's operation on an hourly basis in accordance with the fee schedule/n Section C.3. or as otherwise mutually agreed upon. . F. CONVERSION TO UNDERWRITING AGREElVIENT. · Should the City desire to retain the services of Hanifen, Imhoff as Underwriter to purchase Obligations at negotiated sale instead of acting in the role of Consultant, I-Ianifen, Imhoff agrees to be retained as the Underwriter. Per MSRB rules, Hanifen would resign as Consultant for that specific financing with a written letter provided to the City and serve as the City's Undema-iter. In this event, it is understood that Hanifen, Imhoff will receive no fee for services performed as Consultant following this resignation (other than reimbursement for travel and other out-of-pocket expenses incurred to date), will not act as agent or Consultant to the City on that financing, but will act as principal for its own account at the City's request in the purchase of any such Obligations offered and sold by the City. Underwriting fees would be established based on comparable fees for similar Florida municipal issues of that type and amoUnt. G. REQUEST FOR CONSULT, ANT TO BID: Hanifen, Imhoff, as the City s Consultant or Financial Advisor will not bid on any Obligation advertised for public sale unless .specifically requested to do so by the City. When serving as the Financial Consultant or Financial Advisor, Hardfen, Imhoff retains the right to purchase or sell any Obligations of the City in the open market following completion of the initial purchase and distribution of the obligations in the secondary market and provide mveslments to the City following standard market practices. H. STAFF SUPPORT: agrees to provide following team to City in the implementation of The Consultant the assist the this Agreement: Principal Contact Officer · JeffLarson, Managing Director Hanifen Support Team · Nate Eckloff, Managing Director · Gary Akers, Senior Vice President · Edward Stull, Vice President ° Carlos Pereda, Senior Analyst · Angela Bractford, Associate/Analyst · Sharon Thomas, Administrative Assistant ° Others, as directed by Mr. Larson, as needed due to staff changes. AGREEMENT CITY OF SEBASTIAN, FLORIDA I. TE~ATION: Either the City or Consultant may cancel and terminate this agreement upon ninety (90) days' written notice to the other party, and at that time, all responsibility and obligation under this Agreement will terminate. In the event of termination or expiration of the Agreement prior to the closing of any Obligations and after Work has commenced by the Consultant, the Consultant will be reimbursed for all costs and expenses actually incurred by them through and including the date of termination. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto affixed their bands and seals by official duty empowered on the day and year first above written. Approved, CITY OF SEBASTIAN, F%ORIDA Torrance K. Moore City Manager Respectfully submitted, ItANIFEN, IMiIOFF Division of Sfifel, Nicolaus & Co., Inc. ATTEST: Katkryn M. O'Halloran, MMC City Clerk City of Sebastian, Florida Subject: Auth°rize purchase and installation of playground equipmem at the Creative Playground Agenda No. / 77 Approved for ~ubmittal by: Date Submitted: September 7, 2000 For Agenda of.' September 13, 2000 Exhibits: State Contract Price Quotation, Cost Estimate, & 3-D Diagram EXPENDITURE P, EQLrlRED: $74,397.08 AMOUNT BUDGETED: $75,000 APPROPRIATION REQUIRED: -0- SUMMARY Per City Coundl recommendation at the August 9, 2000, Council Meeting, wherein staffwas instructed to make improvements at the Creative Playground located at the Barber Street Sports Complex (primarily due to safety .issues), the following acquisition and course of action is recommended: Purchase a new playground system to replace We old system, as shown on the attached 3-D diagram. The existing pavilions, and seating areas will remain and be renovated, State Contract price for the playground equipment including installation is $65,497.08, from Miracle Recreation Co., Maitland, FI. Site preparation by the City is estimated at $8,900. Total project cost will be $74,397.08. RECOMM[NDED ACTION Move to authorize the purchase and installation of playground equipment from Miracle Recreation Equipment Company and site preparation by the City as described, for a total cost of $74,397.08. :~ ~" Equipment Quotation I MIRACLE · Quote Number: 45006443 i ~ RECREATION EOUiPMENT COMPANY' quoteDate: 09/06/2000 _ Cus~o.mer Number 3295804 Sales Representative Terms of Sale: ' Net 30 I NOLAND ASSOCIATES;INC. P,O. BOX 948262 MAITI__&ND, FL 32794-8262 Phoac: (407) 740-55 I2 Fax: (407) 740-5704 Prepared For: Payment/ Accounting Contact: CITY OF SEBASTIAN ATTN: CIq2LIS McCARTi-Bf 1225 MAIN STREET SEBASTIAN, FL 32958 CI-I~S McCARTHY (561) 589.7464 FAX (561) 589-6209' Item Namber Description Quantity Customer Class: 1. Parks & Shipping Method: Freight Terms: Prepaid Approximate Ship Date: Cu~t PO Num: Location: BARBER ST. SPORTS COMPLEX A'l~2q: ClIP, IS McCARTHY SBBASTIAN, FL 32958 Shipping/ CI-I]~$ McCARTHY (561) 589-7464 Delivery Co.t~,t:. FAX (561) 589-6209 Price Each Price Total I I I i I 1 714131 2 299 I 7188521 1 7188522 4 297 ColorList: System: CST System: SWO System: SWG CS 7 DECK SYSTEM SWING TOT SEAT 360 DBG 3 I/2" OD AR. CH FRAME ONLY 2 ST R/~Q MC 3 1/2" OD AP, CH FiLMVI'E ONLY 4 ST 1LEQ MC SWING TOT 8F.A.T ltemNumber: 714131 Quantity: 1 Item Number: 7188521 QuaatiW: 1 Item Number: 7188522 QuaatiW: 1 $53,532.00 $53,532.00 $97.00 $194.00 $580.00 15580.00 $899.00 , $899.00 $85.00 $340.00 Equipment Total: $55,545.00 · Freight: $3,808.80 Installation: $12,729.33 Discount: $2,777.25 CIA Discount: $0.00 Other Charge: ($3,808.80) SubTotal: $65,497.08 Tax: $0.00 Grand Total: $65,497.08 Notes: DISCOUNTS SHOWN REFL~.CT STATE OF FLORIDA BID CONTRACT # 650-001-00. L PURCHASE ORDER SHOULD BE MADE TO: MIRACLE tLECKBATION BQUIPMIBNT COMFANA' AND FA.XED/MAILED TO NOLAND ASSOC., CUSTOMER RESPONSIBLI~ FOR UNLOADIN6 TRUCK AND STORAGE UNTIL INSTALLATION BEGINS, INSTALLATION DOES NOT INCLUDE SITE PREPARATION OK APPLICATION OF CUSTOMJE2K SUPPLIED RESILIB2qT SLrI~AC1NO MATERIAL, SUCH AS SAND OR MULCH, AS ILECO~ED BY TEE MANTOFAC~. Thank you for the opportuuity to pro~;ide this quote! Rep #: 45 Order #: 45006443 Page 1 of 2 I Restoration City Hall ]Department Origin: Approved for Submittal by: City Manager · Purch~ifa~__,on_ti~ting I Terrence R~ Moore ~ · City Engineer: Date Submitted: 9-07-00 I ForAgenda of: 9-18-00 Exhibits: Bid Tabulation Sheet, Bid Proposal Price Form & Associated Documents, Scope of I Woa'k I EXPENDITURE AMOUNT BUDGETED: I APPROPRIATION REQUIRED: $40,998 $4,$,000 I REQUIRED:-0- I SUMMARY Formal sealed bids were solicited for Window Restoration at City Hall. Two Bids were received. Chilberg I of Yero Beach bid and Bill & Associates ofVero B,ach bid Bill Construction $80,600, Bryant $40,998. Bryant & Associates,Inc., has been in business in Veto Beach for approximately 20 years, and comes highly recommended. Staff recommends awarding the Window Restoratioa Project to Iow bidder Bill Bryant i Associates, Inc., of Vero Beach, Florida. Below is a project status report and project bUdget outline: I ' SUMMARY OF CITY HALL RESTORATION PROJECT C0101 Estimated Actual Total Costs to Cost Cost Contingenc~v Budget Date Status l. Roof Repair $ 43,000 $ 38,990 $ 4,010 $ 43,000 --- ha Process 2 Window Restor. $ 45,Q00 $ 40,998 $ 4,002 $ 45,000 3. Arehi./Eng. $ 40,000 $ 40,000 $10,159 Counc/] Action In process, includes $25,000 match for small historical Grant. 4. National H/st With Consultant for Dr~ Society Design $ 2,000 ...... $ 2,000 $ 1,250 Application 5. Other Improv. $ 70,000 $ 70,000 --- ha Process TOTALS $200,000 $ 79,988 $ 8~012 $200,000 $ 11,409 RECOMMENDED ACTION Move to award City Hall Window Restoration Contract to Iow bidder, Bill Bryant & Associates, Inc., in the amount of $40,998, and authorize staff to execute a contact for same. ~ 00-11 Window Restoration Bid Opening August 31, 2000 2:00 ?.M. BID TABULATION SHEET VENDOR Bill Bryant & Associates, Inc. 1550 Old Dixie Highway Vero Beach, FL 32960 561-567-7474 Chilberg Construction Company 1130 7m Court Vero Beach, FL 32960 561-978-1709 BID AMOUNT $40,998.00 $80,600.00 City of Sebastian 1225 MAIN STREET i:3 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX {561)~89-5570 ESTIMATES FOR REMOVAL oF PARTS' OF cREaTIVE PLAYGROUND AND INSTALLATION OF NEW PLAYGOUND NEW PLAYGROUND,DELIVERY AND INSTALLATION ' $65,497.08 SITE PREPARATiON EMPLOYEE COST - 4 Employees at $25/hr each x 40 hours $ 4,000.00 NEW SAND - 75 Tons at $14 per ton $ 1;000.00 NEW FENCING - Top Kails $400, Fence $360 & Hardware $240 $ 1,000'.00 2 FLATBED TKUCKS - $13.75/hr each x.40 hours $ 1,000.00 I BACKHOE/LOADEK - $14.50/hr x 40 hours $ 600.00 LUMBER FOP, KENNOVATION OF STlt. UCTURES TO REMAIN $ 500.00 CONTINGENCY FOP, MATERIALS $ 400.00 LANDFILL FEES - $30 per ton x $ tons $ 240.00 1 TKACTOK/BOX BLADE - $6.40/hr x 15 hours $ 100.00 2 CHAINSAWS - $2.40/hr each x 12 hours $ 60.00 TOTAL OF SITE PREPARATION TOTAL ESTIMATE FOR ENTIRE PROJECT 8,900.00- $74,397.08 I COST ESTIMATES PROVIDED BY; Chris McCarthy~ Parks'Supervisor i i CITY Ol~ SEBASTIA~ - BE) W'mdow Kestora'fion City Bm PROPOSAL pRICE FORM r~quir~temts of these dominants, ~nd to provide md:~m/sh tll the eqn/txnenl, labor ~ad mal~mls neoessm'y to provid~ the omstmmion sm m~ting or ~ th~ ~mifimtms ~s set fct-tk lxa'ein far the tn:i~es quoted below. The/a'i~e quoted is inolusi'w of ~m.y whiah may be ismmd. By ~he signature below, lhe ~ agr~s ~t ~ Bid is mad~ wilfiout a~ ollmr ~~0 agrtM~m~l; or aonn~fion with anyp~rson, oorpor~lion, or 6~,n submitling a bid for fl~ sam~ pUrPos~ and tha~the bid is in allrespem f~ir and wirhout'~ollusi~ or fraud_ If awarded this bid, th~ Contr~'~ ages to e~ter into said a~t ~rithi~ ~ ( 1 O) c~m. seaxfive calendar days ~oti~e by the City, a~d agrees to all (,o) a~ fo~iowiag ~i~ op~m~ aa~. ' %~%o~%.~~ ~o~= ~o~o~ ~o~=o~ ~ ~ ~o~ =~ z r~c> tTim~ lqamo & Addr~ · Tiff, / WO1LN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATIYrBs, ON pUBLIC ENTITY CRIMEs Tins FO U, NOT a W 'WnC Oa A OmZm) 1. This sworn st,,emem is ~ubmitted with the City Hall Vfmdow 1Lestor~tion Contract for THE CITY OF St!BASTIAN. ' address is Ag'~'-~ ¢~p/,);~,~ ~-- ~[, ~.c~ i¢~,..and (ifapplicabl.e) its Federal Employer of individual ~igning) and my relationship to the entity named above is 4. I understand that a "public entity mime" as defined iu Paragraph 297.133(1)(g), Florida Statutes. meaas a violation of ¢uy st~t~ or rodin'al law by a per.~on with respect to and directly related to the transaction ofbu.~in~s with any public entity er with an agency or political .~ubdivision of any other state or with tho United Staii%, including, but not Iimit~d to, any bid or oontract for goods or services to be provided to auy.public eatity or an agency or political subdivision of my other mate or of the United States sad involving antitrust, fraud, theft, bribery, :oollusion,. racketeering, ~,o~piracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in l~aragmph 287.133(I)0)), Florida Statutes, m~ans a finding of guilt or a conviction ora public entity orim¢, with or without an adjudication of guilt, in amy federal or state trial court of reoord rolaliug to oharges brough~ by indictment or information aft~ July 1, 1989, as a resuit of a jury verdict, nonjury trial, or entry of~ plea of guilty or nolo ¢ontmder¢. 6. I understand dmt am "a.fEliate" as defined in Paragraph 2g?.133(1)(a), Florida Statutes, m~ans: (1) A predecessor or successor of a person convicted ora public entity crkne; or (:2) Am ¢lzdty under the control of any natural per, on who is active in the management of the entity and who ha~ bee~ oonvio'ted of a public m=ity crime. The term includes those offiocrs, directors, executives, partners, shareholders, employee.% member.~, and agents who are aotive in the management of an a~llate. The ownership by one person of shares constituting a controlling iuterest in anoZher persor4 or a pooling of equipmem or income among persons when no~ for fair market value under an arm's length agreemem, be a prima fade case th~ one person comzols amoth~' person. A person ~ho ~o~y emus ~to a jolt venue ~ a person who h~ be~ con~med of a pubic c~e ~ ~ofida d~g ~e preoe~g 36 mon~s s~ be considered ~ I ~d~m~d ~at a ""person" as de~ed ~ P~a~ph 287.133(1)(e), Statutes, meres ~y na~ person or enOW argued ~d~ ~e laws of ~y state or of U~ed States ~ ~e legfl pow~ to m~er ~to a b~g aonwa2t md wMch bids or applies to bid on aonWa~s for ~e pro'sion of goods or s~a~s 1~ by a public ~fiW, or o~e~e W~a~s or applies to m~a~ busMess ~ a public e~. ~e tern "~ersom" ~cludes ~ose o~c~s, ~e~ors, ~ves, p~en, sh~ehold~s, ~mployees, m~b~S, md ~ents who ~e a~v~ ~ mmagemem of m enOW. Based on ~o~fion md b~fi ~e matemem wMch I have ~ked below is ~e r~afion -to ~e ~ndW sub~g ~s swam statist. ~la~e ~cate wM~ ~atemmt ~ppHes.) ' '" exe~ves, .p~s, ~ehold~s, ~ployaes, m~b~, or ages who ~e a~ve ~ mmagmem of ~e enfiV,'nor my a~at~ of ~e en~ have been ch~g~d ~ md oon~ed cfa public ~dw me' ~bsequmt to J~y 1, 1989. ' ~e ~ sub~g '~s. swam statemem, or one or more of ~e o~c~s, ~ors, ~ec~es, p~ers~ sh~olders, employees, memb~s or ~g~ts who ~e ~ m~ag~t of ~e en~V, or ~ ~ate of ~ en~V h~ be~ ch~ged ~ ~ con~med cfa p~bHc m~ cme mbsequ~t to J~y 1, 19g~, ~ ~le~e ~catc wMoh ~ere ~s bern a procec~g canoeing ~e con~o~ b~o~e a he~g State of Flo~d~ DiMsion of ~~a~ve He~gs.' ' ~e ~ ord~ ~t~ed by he~g o~oer ~d no~ phce ~e person or ~ate on ~e con~ed vendor ~m. ~Ie~e a~aoh a copy of~e ~ order.) . The p~som or ~ate w~ placed on ~e oon~ed vendor ~m. ~e h~ been a ~u~ proce~g before a he~g o~c~ of ~e State of ~ofi~ DiMsion of ~~a~e He~gs. The ~ order ~tered by ~e he~g o~cer de~med ~t it · e public ~t~rem ~o r~ove ~e person or ~ate from ~e oon~d v~doz bm. ~le~se ~ach a copy of~e ~ order.) · The person or ~J~te h~ not be~ pla~ed on ~e oon~d y~dor hst. ~l~e ~be ~y ~ion ~en by or pen~g ~ ~~, of G~e~oes.) I STATE OF FLOP, ZDA coo>trY o~ .~;~ ~ ~~ ' My Co~smon B~kes' ~ m.~z~ , I Common N~ber: i I I i I I I I DRUC~FI~E WORKP~ FORM The undersigned Contractor, La accordance with Florida Statute 287.087 hereby certifies Publish a statemem notifying employees thc; the unlawful manufacture, distribution; dispensing, 'possession, or use of a controlled substance is prohibi';ed in the Workplace and specifying the actions thc; will be taken aga.ln~ employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy .of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in Paa'agraph 1. In the statement' specified in Paragraph 1, notify the employees that, as a~ condition of working on the commodities or contr&ctual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of~ or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substaace law of the Umited States or any state~ for a violation occurring in the workplace no later than five (5) days al;er such conviction. ImpOse a sanction o~, or require the satisfactory partieipatio~a in a &tug abuse assi~mace or rehabilitation program if such is available in the employee's commtmity, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of?aragraph 1 through 5. _ks the person authorized to sign this :statement, I certify that this firm compiles fully with the above requkements. Date: I ~ ~, STATE OF'FLORIDA A'~ '5" " % I '"' '~ .... · '..--'-:. ~o.~ -~~'~P.~'f~,~t. o~ ,Bus ~ ~ s,s,-*~.':~'~::~.~/ :" ' ' · ' · .". ' ~-~ ::,':;;.~.:;~/ :,.c ~ -co ~,78 t.~.;~':q:7~,/.~. 'BRYAMTf: ~'~Z~'[~'~ ...... ' ...... ;,; , · "~ ',/ ".""~'~:;':."~'~ff~;:,'~.~:~,~;'~.':::': '7' . " 'l ~' ' ;~:; ~'~"~ ' L..'"' ''""'' " I I i "' · '"...' · "~0GC017811 ' ' '. ' :' · · .~: ;".: '~ '. ,",.: ".' ",' '~ZLg~A~ D. 3A~A~? ' ': ~.'.. ' ' · ", " ' '~ESTDENT '. '. ' ~ , 1550 OLDDIXIE'H~ · VERO B~C~, FL 32960-3655 ~ (561) 567-0045 ;s ' ' , -(~00) 752;7143 · F~ (561).770-1460 .~ J I I I I I I I I I I I I I I I I I I I I I I 1 22 February. 2000 We' are pleased'to offer this l¢~er of recommendati0n for Bill Br~,ant. & Asarci'ares, Inc.; General..Contractor. -They were the selected .C0ntraaof'fo? the'.ad.dMonJrezio'~,ation.0f the 'Sebastian Fire Station` (EMS ii .8). This waS"a re'fy ch,allen, ging project. restraint was ve~ strict ihe ~lowed. c0nstm~ion time. was i~'exible and.th6 station to remain ~l']y ope[ative duriflg constm~i~n. B.B.A:, Ino. completed,Ibc pr~jec~ 'of schedule, with minimum change orders and a Yc~ small, final pun~[iist' (w~c~ ~romptly-oomploted.to our ~fisfaotion), ... ..... . Their attcntisn to da~l and' Customer safisffacti0n is cvidan: bOth'in,the' completed work' and their profcssi0nal' administratien of the ~cpon2 .release% application;, elc. required 0f. municipal projects, ' ' Ya~n gna,nh .~R.11~illa./la~.n · School District of Indian Riv'6r County "A CommUNITY Partnership Toward Educa~ionM Excellence" _ . .Dr, Roger. Dearmg,. Superintendent ' April 11, 1995 ' Nit. Frar~ Spitzmilter ' S~. Edward~ Upper School ' . St. Edwards Drive · ' · Veto Beach, Florida 82968 ' l~e': Lette¥ of l~ecomanenclation for Bill Bryan~ Dear Mr. Spitzra~ll'er: ' ' · , - " I would l~ke to take ~his opportunity to l~gbly recommend Bill Br3a~t &~ AsSociates, Inc. %o con%emplatin~ the construction of s new middle school wi~h s construction cos~ bet~veen $i ~ud $2 million, l{e~enfly IV/~. Brymufs firm., successfully completed s very complex apProrims%ely $1,$00,000. Despi~e ~he £sc~ tha~ ~his projec~ was' significantly more difficul~ %hah s new projec~ st s similar budge% his firm was ,ble to .do all of ~he work in a very professional manner. Their cooperation, communication and considersdon were ~11 super/or especially when you consider ~ha~'the school was in session durin~ most of the construction 'work. I do hope ~hs% '~ou will ser/ousiy consider them for ~_~s and other projects. Please call me anytime that yOU may questions s~ 564:-307.3. · . ' " '..' .' '. Sincere!~. . ' Stem Blu.m SDIRC '" ' District Supervisor of Construction · WflB. mn 1.. Marine, ,.Jr Stanley' F.. Mayfl~ld · Dorothy T~lbcrt District 2 ' Gary Lindscy District 4 Wesley Davis District 1 District 3 ' i 99(L2,~th_Street Equal Opportunity Educator and Employer · 't300 Sandtree Drive · Suite'101 .- Palm Beach G~derm, Florida, 35403 .. Telephone (561 )' 776-9001 .Fa. csimile (56 I.) 776-9605 A.ugbst.23, J. 999 · Re :' Bill Bryant & AOssciates, Inc..' 7'o Whorl'lt.'May O0flce'rn: '.. ' . ,'Contt;actors Bonding' a'nd Insurance company is plea.~;ed to furnish'its highest recommendation for Bill Bryant and his Organization, He consistently provides his customers with a hig'hi'degree of p. rofes'sionalism and a timely, quality produc.t within budgetary:parameters. ,These attributes ale t. he foundation of this. very Successful business an8 its high opinion in the community.' We strongly feel that ..you would, be hard pressed tO. find a'more Capable ~ont. ractor/businessman, 'Contractors Bonding and I'n'&uranoe O0mPan~'.h~s'.pr0vided bonding for Bill' Bryant..& ASsociates, Inc, ~or over'eight:, years, We are curren, .fly able to consider ".indMdual bonds co.veririg '~ ng e'p'roje.cts.':in'the $2;500,,000 plus range, Based upon this and our extrem.ely p.o..sitiVe opinion of this fine organ'ization, we would certainly provide;our most favorable consideration to reason.able future'bond requests covering not only similar..but larger p'roject§ .upon our receipt of the customary underwriting data' and proper.application from .Bill Bryant & Associates, Inc, ...- .S'hould y. ou have a'ny questid'ns or w~sh 'to discuss further, pieas8 give 'me a'cail am confiden't that'.you Will.be well. Pleased With your selection of. Bill Bryar~t & As.~ociates., Inc. for'your.future p?ojects.. Y~ur~"~ruly, ,," D, Michael Stevens' '.." Attomeyqn.-Fac. t. '- Contractors. Bonding i~nd Insu'rance Compan'y 'SerVing Tls. e Construction Industry '.LIST OF SUBCONTRACTORS AIA DOCUMENT G805 . ' TO: IConlrlct.r) ~' ..--- ARCHITE~'S PROJE~ NO: Work · Firm ' Address Phone Revised 7-20-00 Sebastian City Hall Window Restoration : · Scope of Work General Requirements ' ' This project consists of furnishing of all the labor, materials, equipment and services as required for the restoration of windows in the City of Sebastian City Hall 'bUilding. There are a total of eighty (80) windows located as shown on AttaChment A. The shapes and · dimensions of the windows are shown on Attachment B. The Window sashes, window frames and-window sills shall be restored to operable condition and ready for painting.' The :restored windows shall be painted; painting shall be coordinated with and follow immediately behind the window restoration sUCh that I restoration and painting are in progress simultaneously °n a nonqnterference basis. The contractor that performs this work shall have had direct hands-on experience .with the restoration of old windows of similar construction and in similar condition. The contractor shall also be fully responsible for having his materials, equipment, methods and procedures comply with the current OSHA rules and.regulations and to have . available all Material Safety Data sheets that pertain to the products Used. The submission of a bid by the contractor confirms his understanding of all conditions pertaining to this work and proper application of materials as is customary.in the trade. Window RestOration . '. · i" ' The window sashes, both sides, shall be scraped and sanded, or otherwise operated on 'to remove all paint and sealers down to bare wood. All window lights shall be re-glazed. Sash parts that are dry rotted shall be replaced. Sash locks shall be cleaned and. restored to working order. . ' " Window Jamb~ ' I The window 'am./.C...~_~bs shall be'refurbished, rebuilt or replaced as necessitated.by the state of deterioration. The end result shall be clean bare Wood with no cracks or dry rot, ready for painting. All of the counterweight ropes, shall be replaced. Counterweights Shall be cleaned up as necessary with a suitable abrasive. · Window Sills The window sills shall be refurbished or rebuilt depending on the state of deterioration. Aluminum cladding .shall be removed and discarded. The end result Shall be clean bare ood free of dry rot or cracks and ready for painting. I Interior Window Sills and Trim " The interior window sills, aprons and window trim shall be refurbished or rebuilt depending on the state of deterioration. The end result shall be clean bare wood free of dry rot or 'cracks and ready for painting. Painting General All materials shall be applied free from runs, sags, wrinkles, streaks shiners and brush marks. Bids are to be based on coatings as manufactured by Benjamin Moore & Company. Exterior ' ' Window sashes,/ambs and sills shall be primed with Moore Oil Base primer 100-00 followed by (2) two finish coats. The prime coat shall be thoroughly dry before applying the finish coats. The finish coats shall be Moore-Glo Medium Gloss Latex House and Trim paint, color white, and the first finish coat shall be thoroughly dry before applying the second finish coat. " Interior The window sashes and/amb$ shall .be .painted on both sides as specified in the above paragraph, "Exterior". All other interior window pa.rts shall be prepared for painting as described under "Interior Window Sills and Trim" above, but they will be 'painted by others. '. · ' -Materials Replacement wood as required for sashes, window frames and sills shall ,be' No..1 cypress. Standard putty glaze shall be used for re-glazing the window sashes. Replacement rope for window sash counterweights shall be a good quality cotton clothesline rope. Nail fasteners shall be hot-dipped galvanized or equal. Nails shall be I set and puttied over. Coating materials shall be as specified under the Section on "Painting". I Schedule I The completed working days after go-ahead. The window restoration shall be 9O schedule and selection of individual windows for restoration shall be coordinated with the City of Sebastian project engineer to ensure minimum conflict with on-going City I Hall business. ! I I I pill -f- ! r %5," I/+"-.--I L o" City of Sebastian, Florida orr~c~, oe za~ crrY ~rro~~~' AGE~A T~S~TT~ Subje~: ~doment of e~s~ent; Date Sub~2ed: 8/30/00 · pubic wor~ compound For ~enda of: 9/13/00 . E~E~~ ~Q~D: $0 . . ~O~ B~GE~D: $0 . ~PROP~TION ~Q~D: $0 S~Y. ' ' The loc~ ~efic~ Lemon Post is contempla~g se~g some of its re~ estate on C.R. 512 ad has requested ~at ~e CiW ab~don ~ ~es~e~ess easement ~ted across s~d l~d for access from the pubhc works c mpound to C.K. 512. App~enfly the easement has not been used. o At ~e discretion ofCounc~, p~s Ore,ce 0-00-21 at ~st read~g ~d schedule pubhc he~g ~or o~o~ ~,, x000. . E FITICE TIlE CITY MEMORANDUM To~ From: Date: Kc: Terrenee R. ~[~jore, City Manager Kieh Stringe~ ~ August 29, 2000 American Legion easement abandOnment This matter was originally pursued as the abandonment of a platted easement -- under the land development code -- which was not appropriate. The only concern in that regard is that the American Legion filed an application for an abandonment and apparently paid the $100 application fee. Really, we should not have charged this fee, so perhaps a refund would be in order whatever the outcome of their request. ' They haven't asked, but I figured you would feel that a refund would be "good form". Thank you for your assistance with this matter. ORDINANCE NO. 0-00-21 AN ORDE~:ANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDON'~G INGRESS/EGRESS EASEMENT ACROSS AMERiCAN LEGION PROPERTY AT C.R. 512; PROV]])ING FOR CONFLICT; PROVIDING FOR SEVERAB]flLITY; AND PROVIDING FOR AN EFFECTIVE DATE. Wgl-gREAS, pursuant to an Easement Agreement between the City and the Charles L. Futch Post No. 189 Department of Florida American Legion dated May 28, 1997, an ingress/egress easement accessing C.K'+512 was conveyed to the City for'the benefit of the Public Works Compound on Louisiana Avenue; and WHlgREAS, the City Council finds that said easement is n° lOnger needed for a public purpose; and WgIr~REAS, City Code Section 2-193 provides that the City may abandon interests in property by ordinance upon such a finding. NOW TI~REFORE, BE iT ORDAINED BY THE CITY COUNCIL OF TFW~ CITY OF sEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Sectioa 1. EASEMENT ABANDONED. The City hereby abandons and releases its interest in real estate encumbered under that certain Easement Agreement between the City and the Charles L. Futch Post No. 189 Department of Florida American Legion dated May 28, 1997, as described in the attached Exhibit "A". CONFLICT. All ordinances or parts of ordinances in conflict herewith Section 2. are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. passage. EFFECTIVE DATE. This Ordinance shall become effective upon final The foregoing Ordimnce was moved for adoption by Councilmember motion was seconded by Councilmember the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Counciknember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this .... October, 2000. and, upon being put to a vote, day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Kathryn M. O'Halloran, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney EASEMENT AGREEl~ENT This Agreement made thise~day of .~24/ , 1997, bY and between the. City of Sebastian, a municipality within Indian River County in the S~at&" of Florida, 1225 Main Street, Sebastian, Florida 32958, ("City") and the Charles L. Futch Post'No. 189 Department of Florida American Legion, Inc., 807 Louisiana Avenue, Sebastian, Florida 32958, ("American Legion"), a non-profit corporation existing under the laws of the State of Florida. ~S, the American Legion is the owner of property located at 807 Louisiana Avenue ("Property"), and legally described as follows:' A parcel of land lying in.sections 6 and 7, Township 31 south, range 39 east, Indian River County, Florida, being more particularly described as follows: Commencing at the north quarter corner of section 7, township 31 south, range 39 east; thence 589°30'41"W, along the north line of said section 7, 229.18-feet to the point of beginning; thence 521°43'35"E, 1t.79 feet to a point of curvature, thence southeasterly along the arc of a curve concave to the northeast, having a radius of 45.00 feet and a delta angle of 42°41'21'', 33.53 feet to a point of cusp; said point lies N34°57'21".W from the radius point of said curve and on the northerly right-of-way of County Road 512; thence Southwesterly along th.e are .of said' curve concave to the southeast and being on the northerly right-of-way of County Road 512 having a radius of 2060.94 feet and a delta angle of 01 ° 04'42", 38.79 feet to a point of cusp; thence northerly along the arc of a curve concave to the west having a radius of 40.00 feet and a delta angle of 11 °08'15",7~78 feet; thence N21 °43'35"W, 168.57 feet; thence'N00°24'54"E, 66.33 feet; thence S21 °43'35,E, 189.20 feet, to the point of beginning. Said parcel contains 0.12 acres+/- and is subject to reservations, restrictions, and easements of record. WHEREAS, the'City has continuously maimained a dirt driveway across the Property ("Exsisting Driveway") for the purpose of ingress and egress to and from the Sebastian Public Works Compound/City .Garage located at 805 Louisiana Avenue ("Compound"), since the Compound was first established; and, WIIEREAS,.the American Legion has never objected to such use; and, WItEREAS, the City wishes to continue to use the Property for ingress and egress to and from the Compound, but desires to relocate the Existing Driveway to the west of its present location ("Relocated Driveway")'and to record an ingress/egress easement' fo'~ use of the Relocated Driveway in the Official Records of Indian River County; and WIR-EREAS, the American Legion has consented to said relocation NOW, TI~O~, for and in consideration of the premises and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the American Legion and the City hereby agree as follows: 1. The above recitals are incorporated herein as if set forth in their entirety. The American Legion hereby .grants an easement to the City for the construction and maintenance, of the Relocated Driveway for the purpose of ingress and egress as' described on the Sketch of Legal Description prepared by Mastener, Moler and Reed as signed by Stuart A.. Houston, PSM ~4490, a copy of which'is attached hereto .and incorporated herein by this reference as Exhibit "A". The City agrees that the American Legion and its successors and assigns will be permitted to utilize the Relocated Driveway for ingress and egress.to and from the Property. 2. The City agrees.to grade and maintain the Relocated Driveway and to sod the remainder of the Existing Driveway. 3. At the request of the Commander of the American Legion, the City shall grade the shell parking lot and driveways on the Property twice-per year. IN wITNESS Wt!['EKEOF, the City and the American Legion have caused these presents to be executed in their names, the day and year fn-st written above. HARLES L. FUTCH STATE OF FLOR.B)A COUNTY OF INDIAN RIVER The foregoing instrument,was acknowledged before me this C~~' day of , 1~97 by personally known to me or who has produced [-.~/J~P~4e as identification. Commission :NO. My Commission Expires: TltE CITY OF'SEBASTIAN, FLORI])A Title: City M~nag~rV' STATE OF FLORIDA OF INDIAN RIVER The foregoing instrument was acknowledged before me t 1997 by Thom~ ~s W. Frame, as City Manager of the CITY OF SEBASTIAN, b eh all of t/~/e C~I.T..,y OF SEBAS TIAN. H~ is personally known to me or produ~c-d ' a-~ ?d'elltification. I I I I I I I I I I I I · Cibj of Sebastian Development Order Application Permit Application No. Applicant (If not owner, written authorization (notarized) from owner is required) Name: Address: Phone Numbe~, ( E-Mail: ~c;~ t.F.~31ON : c~¢ L. FtYTCI4 POST-IS9 )... $0~ LOUISIA~qA ^v~. FAX Number. ( SF.,BA~, FL ~2955,.4111 Owner (If different from applicant) Name: Address: Phone Number. E-Mail: AMBRICAI~I I.~OlON ~$ L, FiJ3'~ ~T-t~ ) .... B(T/LOUISIA~IA AVE.FAX Numben ( ) -SF_,BA~I'IA-N, FI.,-~2955 4111 i Type of permit or action I PLEASE 'COMPLETE ONLYTHOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'iWACHED AND 81/2" BY 11" COPIES OF ANY A~-I'ACHMENTS SHALL BE INCLUDED. ATTACH THEAPPRQPRIATE SUPPLEMETAL INFORMATION FORM. I IA. Project's Name (if applicable)= I B. Site Information Lot; Block: Unit: Subdivision: I. Indian River County Parcel ~. IZoning Classification: Future ,Land Use: ~ ~. ~e(. !~ Existing Use: [~.~/~V~ p~;)~., Proposed Use: I C. Description of proposed activity and purpose of the requested pen'nit or action (attach extra sheets if DATE RECEIVED: ~._/~/_j:~ FEE PAID: [ Form CD-2OOY Approved: 08/2W97 Revision: Page ~ of 3 RECEIVED Development Application File Name: Doe , i Permit Ap~licafion Ne. D. Project Personnel: . I Agent: Name: Address --.,, -- -- ~ -- Phone Number:. (__ . )__.. - _ .. FAX Number:. ( ) - I E-Mail:' ' -' Name: , --{ ,' ' . · . , mi Address ' · , ' , ! Phone Number:. ( ) -' FAX Numben (. ) - . I E-Mail: ' . Engineer: lf'J'/ t~ ' ' ' ' I Name: /- Address . i Phone Number:. ( ) - ' ' FAX Numbe~. ( E-Mail: · ' . ' , I Surveyor: ~ ....... Name: .'" , ... ~' '- Phone .Number. (, . ) FAX Number. () ':.. · I E-Mail: , I I, C'~,(. /v/., ~E~: J'~Z, , ~E~N~ F~.ST ~UL¥ SWOR., OE,OSS AND SAY THAT: · - - _ -- -- ~'"1 AU ~H~ LEeAL RSP.SS[NTATIVS O~S OWN[. OF THE ~.0~.~ DSSCmSD WHIC. IS TH~ SU~ECT MATT[R O~ THiS I APP!clCATIONv*-AND THAT All THE 1~:3ER. MATION, MAPS, DATA AND/QR SKETCHES PRQV1DED IN THiS AppIICA~ON ARE ,.~ORNTO A~B~t'RIBEn ~OREME BY '~../t~L' irJ/[ .' ~B~J'J~ l..--~7- .... WHO m ~'~.~.~,~, ,,o~ucs~ ' . AS lDENTIFICAT ON TH8 ~J DAYO~.~_~_~t-'_~. ' ,'I~--~ ',~ PRINTED NAME OF NOTARY ~ D~ V3~.. ~ $ ~~PJ')Ta¥~.BOSWO_~.~H J Appmv~: oen7/97 [Ravision: [ ~le Name: D~ I Permit Application No. I The following is required for all comprehensive plan amendments~ zoning amendment (including rezoning), site plan$~ conditional use permits~ special use permits~ variances, I ~, ' exceptions~ and appeals. ]/~,.~r~.'''-- ~_'':.::''C--_.t --I THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER'FY DESCRIBED WHICH IS TIlE · SUBJECT OF THIS APP[J'CATION, HEREBY AUTHORIZE EACH _A.N,D EVERY MEMBER OF THE i I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF TIlE I CONSTITUTION OR THE UNITED STATEs CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. .. /,T+ItS WAIVE~ND (~ONSE.~IS BEINCT/~NED BY ME/US VOLUNTARILY AND NOT AS A RESULT QF ANY COERCION APPLIED, OR _ SIGNATURE ' : // ' " . DATE " I Sworn to_.~aa n'd-s u ~, sd I~.cL.~ fo re who i~'~ersonall¥ kn~w~e or prod uced as identification I this ~'-~ (~~~~, I Notary s Signature k,... Printed Name of Notary ICommission No./Expiration M. Form CD.-2BO'1 AEproved: 08/27~7 Page $ of 3 Revision: LDevelopment Application File Name: Doa i Permit Application No. Supplemental Information I Easements, vacation of I Describe the easement to be vaca.ted (provide a le~jal description, i.f possible): Why is this vacation of an easement being request? Attach a survey showing the location of the property.lines, all easements and all structures on the property. ~.~ IForrn CD-2009 Approved: 8/27/37 Revision: Page f of "~ Vacation of Easements File Name: $ieasev City of Sebastian, Florida vae crry AGENDA TRANSMITTAL ,,. Subject: Swale parking, Ordinance 0-00-22 Date Submitted: 9~7~00 For Agenda of: 9/13/00 EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQLrlI~D: $0 SUMMARY: This ordinance makes it a violation to damage the swales and 'generally prohibits Parking in the swales or the shoulder. However, if all spaces in the driveway is full, a resident may park on the shoulder, but not within 2 feet of the center of the swale. Lawn care trailers and other Commercial services may park on the shoulder except on the main thoroughfares; where they will be required to park off side streets or in driveways. At construction sites;'~ the workers can park in the swales so long as a reasonable water flow is maintained and the swale is restored at the end of construction. Finally, it provides for assessment of the cost of repairing damaged swales. RECOMMENDED ACTION: At the discretion of Council, pass Ordinance 0-00-22 at fa'st reading and schedule'public hearing for October 11, 2000. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANA ORDINANCE NO. 0-00-22 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 98 TRAFFIC AND VEHICLES; PROVH)ING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Wlq-EREAS, the City of Sebastian has made extensive public expenditures in regrading the swale drainage system throughout the City; and WHEREAS, during times of rain, parking on the shoulder of the road and in the swales destroys the grade of the drainage system and hinders its ability to function; and WHEREAS, the City Council of Sebastian is sensitive to the problems faced by some of its citizens in having inadequate parking for all the automobiles at their residence; and WHEREAS, the City Council of Sebastian has determined that it is in the best interest of the public to restrict parking within unpaved portions of the right-of-way, while providing some relief to citizens having no other reasonable means of parking available; NOW, TI~/EREFORE, BE IT ORDAINED By THE CITY coUNcIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 98-4 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 98-4. Driving onto medians, shoulders, etc. No person shall ride or drive any vehicle on the land areas that separate paved streets, roads or highways such as medians, islands or similar land areas. No person shall ride or drive any motorized vehicle on the soft shoulder of any paved street, except as is necessary' to get the motorized vehicle on or off the road to lawfully park the same, or during emergencies, such as accidents and breakdowns. Section 2. That section 98-31 of the Code of Ordinances, City of Sebastiar~ Florida is hereby amended to read as follows: Sec. 98-31. ~.llliI~l~, "ParlU,'ng betwecn hours of 2:00 a.m. and 6:4)0 a.m. It shall be unlawful-for any person to parka vehicle on any street within the city limits bet~Vecn the hours of 2!00 a.-m aad 6:00 e.m of any da~ As used i~ this Article, the followiag words and phrases shall have the~ roeanir~ unless the~:ontext shall reasonably require another common useage: ~holllder shall mean that portion of the right-of-w edge of payment of a street and the swale adjacent thereto, ~wale shall mean that portion of the cilY drainage ~m which is identified as the ,r~i~ e~ell~lillg t~oZeet to each Side of the centerline mmlitlg algng the lowest elevated point located in the right'of-wa~v beW~ll fll~ eqlge of pavement of a tl;r~,t and the frojl~ loI_l~e adjl~ent thereto. Section 3. That the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered 98-33, which said section shall read as follows: ~q, [98=33- l)ama~in~ or narkin~ in Swales and ~hnuit;[$r prOll~l~jlil~d. It shall be a violati~I1 of' City Code for a vehicle to be park~l;l. 91' drigell in .such way lhat it qta.mages the Swj~l~, Furthel. excedlt as proVided in Sections 98- 34 trod 98-3 5 below, it sh~ be a violation for any motor ¥Ohicle 1;o tlgrk in_the ~l~ 9;r Shoulder of the right-of-wa.v. However, a~ xrehi~l~ m~ park on the Shoulder if one ~II1~ fo[lowirlg ¢l~jldifions exists: 1. The motor vehicle has been removed fr~rll :~k~.l~ec[ street due to ~ mechalli~al failure is due to or temporarily parked ~i.tuations such a~ an 2. The mo~9~yehicle is titled to the owner or re~j~?r~ 9ftl~e residential lot a~acetl~ to th~rigllt-of-way, or an inVited guest thereo£ ~Illl all available parkir~ space within t.[te ~triyeway of said 1.oi; i~ 9ccupieql h.v o. ljaemotor vehicles. Section 4. That the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered 98-34, which said section shall read as follows: ~ Execution: Commercial vehicles renderin~ services to Commercial vellj~le~ utilized_in r~ndrzir~g~rvic~ to re,illinOis 0fthe City, such as hX~/ll.~0l-~ trailers or mobile vendors shall be allowed to park on the Shoulder eXcept itz.hall be a violation fol ~h ~vhicle.t~0' p~,rk ..o,~ ~ither the paved rigl)I-pf-~y or Shoulder of the following City streets: L $ghumann Drive: Barber Street; Fl~rllJr~g Street:' laconia SWeet; 5. Main str~t[ 6. George Street: 7, .l~y Street; and 8, Indian River ~ve. Section 5. That the Code of Ordinances, City of Sebastian, Florida is hereby'amended by adding a section to be numbered 98-35, which said section shall read as follows: ~ ExCention: Construction,related vehicles ' ~r~llicles related to the construction of~ ~mc-~!r~ pan_lot in_~ (~iBrzh~tll be allowed to_. p~rk within all portions of the unpaved fight-of-way adjacent to the lotj~0rll~ irrlproved or a~ljg~c.~llt lp~, ~u~ect to the followillg ~ondition~; · 1, ~ Sufficient grade shall be maintained along the ri[ht-of-waylv_ :oJlgw a reasonable flow of stormwater: or'the building official shall [Ssue'~"sl~ world" ordvr ~'or the construction,: ;Z, Arl~v damage to the Swales ufzlized for parking during said constm~ion ~ll~ll i~.l~r~l~rll~d to have been c~t~d b~ the' ~pr~truction process: 3, Pl'jo.r to issuance of a Certificate, the contractor shall restore the Swale for the imgro~ed 1oi. ~nd 0Jk¥ a,~i~Ilt ~lillrl0gO~l ~.qwal0, to ~he. gr~;l}s and standards established by the City Engineer, 4)FFICE 4)F THE CITY &TT4ilISEY MEMORANDUM To~ From: Date: City Council ,Sf~ Rich Stringer, City At-tome . September 11, 2000 Ordinance O-00~22; agenda pages 129 - 131 Enclosed are modifications to the proposed Ordinance 0-00-22. I overlooked that Section 98-36 contained some beneficial provisions that we would want to retain. These modifications accommodate those provisions. CC: City Clerk City Manager Section 6. That section 98-36 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 98-36. AdllRi~JxtllRi~; Parking in residential-districts and on street rights-of-way. (a) For purposes of this section, a vehicle shall be considered to be parked if it is stopped other than for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (b) No vehicle may-be parked,on any lot in any residential district, except in an enclosed structure, unless such vehicle is licemed, registered, and ovmed or leased to the owner or tenant of ~he lot with t-he exception of temporary invited (cO- No vehicle displaying a "for sale" sign may be parked on any street right-of-way. (-d-) (c) No truck, van, or road tractor as defined in section 20A-5.16.1 over twenty-three (23) feet in length and/or nine (9) feet in height shall be parked on any street right-of-way. (e) Any vehicle parked on any street right of way in from of-any lot whioh is not removed within twenty four (2~) hours after a notice requir4ag removal has been posted-on the vehicle by the city will be towed at the owaer's expense. (f) Any violation of this section shall be a civil infraction, subject to-a maximum civil penalty of ene hundred dollars ($100.00) per day, or a civil penalty of fifty dollars (~;50.00) per day if-t t ac person oommi~ing tJne civil infraction does net contest the citation. Section 7. That the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered 98-39, which said section shall read as follows: Sec._Pl}-_)_,0~ l~..enalties and remedie~ (a) All.v violation of this Article shall be a civil infraction, subject to a lmaximum civil per~tl,~ 9;f,~ll~ l!~rtilr¢~t ~loll3rj_($100.00) per day. Co) In gddition to the fine set forth above, the costs of restoring the Sw~e ~r Shoulder to its proper condition shall be asse~_~d i~g~tinst thc_violator. Si~ic[ assesment may be irllp_Q~_d by the Cottl-j;jf t3e vi,0ja;ioti is contested, Qr bY res~/l~l[i,9~ 9[,Lhe Citv Council after written notice to the violator if a citation is uncontested If ~h~ vj,olatoris Lhe _o7/~t¢;r of the lot adjacent to the damaged ~wale, arty such asses.~gl~ll~ tjrlpaid for more .~ban th/nv davs .~!ai~l be filed as a lie~ against said lot and such liel~ ~shall be equal in digaj~y to the lien fgr tales. (c) Vehicles in ~gli~tj.grl of this Article~,X ~dditionally be given a notice that the vehigl, e_ Ilaust be removed. Any ~z~ehicle parked on ~p..v Cikv right-of-way :ff~ich is ¢,0t removed wit~l~ Vwent, v-four (24)~.tll-~ after a noti~q r~quiring removal has be~ll pgsted on the vehicle by the city will be tovg~ckat the owner's expense. \ ' ~q;~q,t~ Section 8. CONFLICT. All ordinances or pangs of ordinances in conflict herewith are hereby repealed. Section 9. SEVERABILITY. In the event a court of competent jurisdiction shall hold or 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 10. EFI~CTIVE DATE. adoption by the City Council. The foregoing Ordinance was This Ordinance shall take effect ten days following its moved for adoption by Councilmember and, The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. \ determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance The Mayor thereupon declared tkis Ordinance duly passed and adopted this October, 2000. day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Kathryn M. O'Halloran, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Section 6. That section 98-36 of the Code of Ordinances, City of Sebaatian, Florida is hereby amended to read as follows: 98-36. Damage to Right-of-way; additional remedies. districts and on street rights of way;. (a) ,oses of tkis s%tion, a vehicle shall be considered to parked if-it is than for the purpose of and while actually in loading or or passengers. ~) No parked-on any lot in any district, eXcept in an unless such vehiole~ is and owned or leased to the tenant of the lot with the of temperar~invited (c) No vehicle-displaying s~le" sig~ bc par-keel on any street right of (d) blo truolc, van, or road three (23) feet in length and/or street right of way. in set,don 30.3- 5--t6.1 over tWenty feet in height shall be parked-on any ~e) A~y vehicle parked removed -w/thin tWenty pOSted on the ght (24) hours af~er a be; in front of any lot which is net requiring-removal has-be~ owner's expense. (-t:) Any violation maximum civil p penaRy of infraction this Article seetie~ shall be a of' one hundred dollars ,(: ($SO:O0) per Clay if the thc oitatio~ infraction, subject to a per day .. or a civil the civil res~ to the fine set forth above, the c0st~ the Swale or its proper condition shall, ]~¢ a~,s~ ~ainst the ~li~lator. Said may be irjlp_o~ed, by lke Court .if the violation is qQllte~L or lp¥ Qf file Ci~ Council after wri~[~Ii llotic_e to the violator if a cSt~tion is [, if the violator is th~ 9ruer ~f the lot adjacent to the da~a~ed allY s~gh assessment unpaid for roore 1;h~Jlfir~v days shall be filedX s a~ s~id lot and such lien shall be equal in ~igr~ to the lien for taxes. Section 7. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby rePealed. Section 8. In the .event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is h/valid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Counc]/of the City of Sebastian did not intend to enact such'invalid or uncOnstitutiOnal provisiOni" '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 9. EFFECTIVE DATE. This Ordinance shall take effect ten days following its adoption by the city Council. The' foregoing Ordinance was moved for adoption: :bY The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. .CoUncilmember and, The Mayor thereupon declared this October, 2000. ATTEST: Kathryn M. O'Halloraa, MMC City Clerk Ordinance duly passed and adopted this · day of CITY OF SEBASTIAN, FLORIDA By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: November and December Meeting Schedules Exhibits: November and December Calendars Expenditure Required: Agenda No. · Department Origin: City Clerk~ Date Submitted: 8/31/00 For Agenda of: 9~3/00 Amount Budgeted: Appropriation Required: SuMMARy STATEMI~NT Each year, City Ceuncil has reviewed calendars for November and December and reScheduled .its meetings due to conflict with regular meeting schedules and Thanksgiving and Christmas holidays. We have attached.calendars for your review. Please note that .alternate .Wednesdays are open. RECOM MENDED ACTION Review calendars and reschedule November and 'December Regular City Council meetings if Council sc) desires.