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Home My WebLink About02261997 AcTiON LIST iS A LIST OF AcTiONS TAKEN AND/Og DLRI~cTIONS GIVEN AT TIlE FOLLOWING MEETING file to go in the vault should Tlq[E 2/26/97 KEGIJLAg should be copied.to the file and any llow-uP Corresponden.ce chronOlOgical oraer and placed in clips within the file All Fo . , .... ~, terial put m · have its ~)ac~uv ,'-a ' donation 97.074 · e check to Finance . minutes and giV .... c.raR Club folder copy ..... a minUteS [" ..... --------- file backup / . . ' . i ' 97.075 copy minutes to file, Finance, PD, ~ file vault- STREETS 9'/.076 ad, certise notice in accordance with Attorney instructions ~ retain services of court reporter (who?J credenza appr°ved ---------- file pending ~ ' ---------- ,x ~ sign, seal - place in book · ' 97.077 . purchasing, pW tracts coPY rn. ~-~nt has fil~ to fo / PurchaSing r,~,~.~'_ ~ri~inal / Ce backUP u,,, .... / index expiratiOn dates 97.069 97.078 97.079 97.080 96.099 97.081 96.095 Approve Agreement with Carroll & Associates. Inc.-Biological Servicesfor 'r~_rg9_II_-approved sign, seal two originals mail one original to Carroll file other original in AGREEMENTS - Miscellaneous add to \wp-filesXAGREE.CUR under subheading Miscellaneous Carroll backup file to AIRPORT D~bbie Bishop - Request Community Center for Fundraiser Benefit - 3/29/97 - 11 am to 6 pm - PdB and Collection of Donations Require Council Approval - Security Pd - Date of Birth Verified - approved letter to Bishop copy minutes to file, PD, PW ~rero Beach/Indian River County Recreation - Request Use of Riverview Park 3/29/97 Easter Egg Hunt - 10 am - Standard Conditions - approved letter to VB/IRC Recreation copy minutes to file, PD, PW file PARKS - Riverview use of p~resentation by Ralph Hahn and Associates Re: Corrections to Police Station, Proposed Funding Realignments with Capital Improvement Budget - approved copy minutes to file, Finance, Purchasing, PD, PW, Cdev., Human Resources file POLICE FACILITY Extension of Temporary Agreement with Bellsouth Mobility for Tempora~ - Communication Facility Located on City Property Behind Police Department Building - Authorize City Manager to Execute Agreement - approved sign, seal two letter agreements (City Manager) mail one original to Bellsouth copy agreement to PD and Finance file other original in AGREEMENTS - update \wp-files~GREE.CUR - Miscellaneous 2 97.082 97.083 97.084 Award of Bid for Improvements to Schumann Park to Nidy Company to Build Four Tennis Courts. a Parking Lot and Drainage Facilities - Authorize Cia Manager to Execute Contract - Net Cost of $152~222.91 - awarded copy minutes to file, Finance, Purchasing, PW file to Purchasing Agent for follow through on contracts when returned file original agreements in AGREEMENTS - Miscellaneous file backup bid file in FINANCE - 97 Bids/Purchases - PW Approve Agreement with Sebastian Panthers. Inc. - Combination Restroom. Concession and Score Booth - approved sign, seal contact Panthers to have them sign (I don't know who is signing for them) give one original to Panthers file other agreement in AGREEMENTS - Miscellaneous add to \wp-files~GREE.CUR - Miscellaneous First Re~ding of Ordinance No. O-97-44 Authorizing City Manager to Restric. g Parking on the Right-of-Way of Sebastian Airport Property - Schedule Second Reading and Public Hearing for March 26. 1997 - approved on 1st reading - ph scheduled for 3/26/97 advertise legal notices on 3/12/97 for 3/26/97 hearing file pending credenza Site Plan Extension for Captain Hirams Motel and Miniature Golf Course letter to Collins copy minutes to file, DCD, P&Z file SPECIAL USE PERMITS index expiration date 2. 3. 97.074 City of Sebastian 1225 MAIN STREET u sEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 g FAY, (,561) 589-5570 sEBASTiAN CIT~ COUNCIL REGULAR MEETING MINUTES WEDI~IESDA¥, FEBRUARY 26, 199'/- 6:00 p.M. CITY COUblCII~ CitAMBERS 1225 M~IN STREET, SEBASTIAN, ¥%ORIDA Mayor Cartwright called the Regular Meeting to order at 6:00 p.m. The pledge of Allegiance was recited. InvocatiOn was given by police Department Chaplain Frank Camillo. Sebastian members Mayor Cartwright presented a Certifiicate of Appreciation to Craft Club of their cash donatiOn to the City for Riverview Park improvementS. Mayor Lores Vice Mayor Walter Barnes Mrs, Iqorma Damp Mr. Raymond Halloran Mr. Richard Taracka City Manager, Thomas Frame City AttorneY, Valerie Settles City Clerk, Kathr~n O'Halloran Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio Regu/ar City Council Meeting February 26, 1997 Page Two 97.075 ' i i ' i ~ nni · . Mr. Herman Encke requested the City Manager to distribute additional information and explained the group's proposal. MOTION by Barnes/Taracka I move to approve the proposed design °finformational signs for traf/i¢ fines on Indian R/ver Drive. ROLL CALL: Mr. Barnes Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright ' aye MOTION CARRIED 5.0 - aye ," ed) ~ ulmn majort~v VOte of the COUncil The City Manager said he had been requested to add an item to the agenda regarding an additiOnal one year site plan extension for the Captain Hirams motel and miniature gol£¢ourse. MOTION by Cartwright/Halloran I move to add item 13 E, site p/an for Tom Col/ins to the agenda. ROLL CALL: Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes MOTION CARRIED 5-0 - aye ~ aye ~ aye aye aye 2 Regular City Council Meeting February 26, 1997 Page Three 7. _CITY ATTORNEY MATTER~- . 97.076 A. X~~L~L~~ It was the consensus of City Council to tentatively set the Attorney/Client meeting for Monday, April 7, 1997 at 6:00 p.m. The City Attorney said the meeting will be noticed in accordance with Florida Statutes. CITY MANAGER MATTERS- The City Manager introduced government students from Sebastian River Area High School and said FPL is moving forward with street lights along CR 512. 97.077 97.069 97.078 97.079 C~ONSENT AGENDA All items on the consent agenda are considered to be 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 - 2/5/97 Special (Quasi) Meeting, 2/12/97 Regular Meeting B. Bid Awards for Annual Sod Contracts - B & T Sod for Delivered and Installed Contract for Bahia and Floratam Grasses and R & R TuffFarms for Delivered and Installed Contract for Bermuda Grass and Delivered Only Contract for Bahia, Floratam and Bermuda Grasses - All Purchased on As-Needed Basis (Public Works Transmittal 2/19/97, Bid Review and Recommendation Forms) C. Approve Agreement with Carroll & Associates, Inc. - Biological Services for Airport (Contract) D. Debbie Bishop - Request Community Center for Fundraiser Benefit - 3/29/97 - 11 am to 6 pm - MB and Collection of Donations Require Council Approval - Security Pd- Date of Birth Verified (City Clerk Transmittal 2/14/97, Application, R-94-50 Excerpts) E. Veto Beach/Indian River County Recreation - Request Use of Riverview Park - 3/29/97 Easter Egg Hunt - 10 am - Standard Conditions (City Clerk Transmittal 2/19/97, Wilson Letter 2/19/97) Regu/ar City Council Meeting February 26, 1997 Page Four 97.080/ 96.099 10. 11. 12. The City Manager read the consent agenda. MOTION by Bames/Taracka I'll make a motion to approve the consent agenda. ROLL CALL: Mr. Halloran Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye - aye MOTION CARRIED 5-0 · PUBLIC HEARINc_ _ None None. OLD BUSINESS ~Ralnh l-lab i R · rr io P Ii ' ~! Imnrnw,-,o,~ o..., ..... ~ I r r ' The City Manager gave a brie£ background and reiterated staff recormnendation to concur with Ralph Hahn and Associates recommendation B to correct the HVAC system. Tom Albers, P.E., Ralph Hahn & Associates, addressed City Council on the three options available to correct the problem. Mr. Taracka asked about continued maintenance. The City Manager said maintenance will be addressed. 4 R~gular City Council Meeting February 26, 1997 Page Five Mr. Halloran also expressed the importance of continued maintenance or training in the system. Mayor Cartwright suggested rather than retrofitting parts of the system as described in recommendation B, it would be better to start from scratch with new equipment and suggested going with recommendation A. Mr. Albers said the CTSI unit in question is in very good condition. TAPE I - SIDE II (6:48 p.m.) Mr. Barnes said the existing equipment in question is well made, long lasting and suggested, staying with recommendation B. MOTION by Barnes/I-Ialloran I'll make a motion to accept recommendation B of the report on the HVAC system of the Sebastian Police station presented by Ralph Hahn and Associates. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halioran - aye MOTION CARRIED 5-0 The City Manager explained that the police station repair had been split funded over two years in the Capital Improvement Budget, therefore, to address the problem now, $125,000 has to be reallocated from other projects in this year's budget. MOTION by CartwrighffBarnes I move to authorize the changes to the Capital Improvements Budget to realign funds as outlined in Joel Haniford's memo dated February 20, 1997 including corrections to the errors he has noted. ROLL CALL: Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka MOTION CARRIED 5-0 - aye - aye - aye - aye Regular City Council Meeting February 26, 1997 Page Six 13. NEW BUSINESS 97.081/ A. 96.095 The City Manager said Bellsouth has requested an extension from April 1, 1997 to March 31, 1998 for an increased amount from $400 per month to $700 per month. MOTION by Barnearraracka I'll make a motion to approve the extension of the temporary agreement with Bellsouth Mobility for temporary communications facility located on City property behind the Police Department. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 97. O82/ B. 95.152 ' I 897 ' i ' i k MOTION by Taracka/Barnes I move to approve the utilization of the $22,000 originally budgeted for tennis courts lights along with the $140,000 for tennis courts Schumann Park, for a total of $162,000; award bid and authorize the City Manager to execute a contract with the Nidy Company in an amount not to exceed $152,222.91. ROLL CALL: Mrs. Damp - aye Mr. Halloran ~ aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 6 ? Regular City Council Meeting February26,1997 Page Seven 97.083 C. 97.084 D. Approve Agreement with Sebastian PanthersL Inc. ,.Combination Restroom. Concession nod Score Booth (City Manager Transmittal 2/21/97. Proposed Agreement) The City Manager explained the public/private partnership with the Sebastian Panthers for a construction of the facility. MOTION by Barnes/Taracka I'll make a motion to approve the proposed agreement with the Panthers, the restroom improvements at Barber with the Panthers for labor, materials and construction management at the Barber Street Sports Complex. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 First Reading of Ordinance No. 0-97,44 Authorizing City Manager to Restrict Parking 9nthe Right-of-Way of Sebastian Airport Property - Schedule Second Reading and Public Heatlog for March 26. 1997 (Airport Driv~ West) (City Manager Transmittal 2/2.0/97. 0-97-44) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW SECTION TO CHAPTER 98, ARTICLE II OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "PARKING ON AIRPORT PROPERTY" GIVING THE CITY MANAGER THE AUTHORITY TO DESIGNATE "NO PARKING" ZONES WITHIN THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING THAT IT IS UNLAWFUL TO PARK IN A DESIGNATED NO PARKING ZONE; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SE .VERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-44 by title and the City Manager briefly explained its purpose. Regular City Council Meeting February 26, 1997 Page Eight 97.085 14. 15. MOTION by Barnes/Taracka I'll make a motion to approve the first reading of Ordinance 0-97-44 and schedule second reading and public hearing for March 26, 1997. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 E. Extension of Site Plan for Captain Hirams Motel and Miniature GolfCours~ MOTION by Halloran/Cartwright I move to approve the site plan extension request for Tom Collins. ROLL CALL: Mrs. Canwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARKIED 5-0 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker None. CITY COUNCIL MATTER~ A. Mr. Richard Taracka Mr. Taracka said the next Riverfront meeting is March 10, 1997 and the committee is looking for public turnout on parking. Regular City Council Meeting February 26, 1997 Page Nine Mayor Louise Cartwright None. Vice Mayor Walter Barnes Mr. Barnes requested consensus from City Council to send a letter to Congressman Weldon relative to the scrub jay issue on City stationary. He read the letter into the record. There were no objections from Council. Mrs. Norma Damp None. lMJr. Raymond Halloran None. 16. Being no further business, Mayor Cartwright adjourned the Regular Meeting at 7:20 p.m. 9 ACTION LIST TH]E FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 2/26/97 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 and placed in clips within the file 97.074 97.075 97.076 97.077 · P n ' - r ' in . ._ ' r i i -certificate presented file backup and minutes to Craft Club folder · · · i - n - ' fl I i n i fl r Fi In i 'v D' - Sign to be Paid by IRDTW - design approved copy minutes to file, Finance, PD, PW file vault - STREETS Pending Litigation - meeting scheduled for Monday, April 7, 1997 at 6 pm advertise notice in accordance with Attorney instructions (call in to Valerie - we will have to wait until after March 11 election if names are to appear in the ad) retain services of court reporter (who?) file pending credenza r · _ 7 i 9 i -approved sign, seal - add attachments - place in book . r 'v 1 Contract for Bahia and Floratam Grasses and R & R Turf Farms for Delivered and . B i -awarded nrl B fl rr - h ' I r r i copy minutes to file, Finance, Purchasing, PW Purchasing Agent has file to follow through on contracts when returned file original agreements in AGREEMENTS - Miscellaneous file backup bid file in FINANCE - 97 Bids/Purchases - PW index expiration dates 97.069 97.078 97.079 97.080 96.099 97.081 96.095 'h i i ' ' ~ - approved - sign, seal two originals copy agreement to file mail both originals to Carroll for signature ~ request one back file other original in AGREEMENTS. Miscellaneous add to \wp-filesL~kGREE.CUR under subheading Miscellaneous Carroll backup file to AIRPORT · ' ri r - 299 - 1 Security_ Pd - Date of Birth Verifie(l - approved - letter to Bishop copy minutes to file, PD, PW 3/29/97 Easter E~g_ Hunt - 10 am, Standard Condition~. approved letter to VB/IRC Recreation copy minutes to file, PD, PW file PARKS - Riverview use of 'h i r . recommendation B approved - staff to bid the installation copy minutes to file, Finance, Purchasing, PD, PW, Cdev., Human Resources file POLICE FACILITY A i 'li _ .... ' h' Ii ' 'n - ' i - approved sign, seal two letter agreements (City Manager) mail one original to Bellsouth copy agreement to PD and Finance file other original in AGREEMENTS - update \wp-filesLa, GREE. CUR . Miscellaneous 2 97.082 97.083 97.084 Award of Bid for Improvements to Schumann Park to Nidy Company to Build Four Tennis Courts. a Parking Lot and Drainage Facilities - Authorize City Manager to Execute Contract - Net Cost of $152.222.91 - awarded copy minutes to file, Finance, Purchasing, PW file to Purchasing Agent for follow through on contracts when returned file original agreements in AGREEMENTS - Miscellaneous file backup bid file in FINANCE - 97 Bids/Purchases - PW Approve Agreement with Sebastian Panthers~ Inc. - Combination Restroom. Concession and Score Booth - approved sign, seal contact Panthers to have them sign (I don't know who is signing for them) give one original to Panthers file other agreement in AGREEMENTS - Miscellaneous add to \wp-filesXAGREE.CUR - Miscellaneous F. irst Reading of Ordinance No. 0-97-44 Authorizing City Manager to Restrict Parking on the Right-of-Way of Sebastian Airport Property - Schedule Second Reading and Public Heating for March 26. 1997 - approved on 1st reading- ph scheduled for 3/26/97 advertise legal notices on 3/12/97 for 3/26/97 hearing file pending credenza Site Plan Extension for Captain Hirams Motel and Miniature Golf Course letter to Collins copy minutes to file, DCD, P&Z file SPECIAL USE PERMITS index expiration date 3 ITEM NO. ~ ~ f)/~-~ ROLL CALL 1 Mr. Barnes ~ ...... Mrs. Damp Mr. Halloran Mr. T~acka ~' ~s.C~~t MOTION ~/~.~..-~.~, . "~e~ .f~: s// ITEM NO. I~OLL CALL 2 Mrs. Damp Mr. Halloran ~'" Mr. Taracka Mrs. Cartwright ~ .... Mr. Barnes ITEM NO. ROLL CALL Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes /' Mrs. Damp ~ ITEM NO. ~/,/fff~9 ROLL CALL4 Mr. Taracka / Mrs. Cartwright ~/ Mr. Barnes .~ Mrs. Damp Mr. Halloran ~ ITEM NO. ROLL CALL 5 Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran * ...... Mr. Taracka )'fL SECOND MOTION SECOND MOTION SECOND MOTION SECOND MOTION ,-~_~L~-M~ ITEM NO. ~, ~,~/ ROLL CALL 1~ Mr. Barnes J Mrs. Damp '~' Mr. Halloran J Mr. Taracka ~'- Mrs. Cartwright ~'~ ITEM NO. ~7' (f~0 ~ ROLL CALL 2 Mrs. Damp ~/ Mr. Halloran / Mr. Taracka J Mrs. Cartwri~t ~ Mr. Barnes / ITEM NO. ~ Z, 0~,.~ ROLL CALL 3 Mr. Halloran '// Mr. Taracka '~' Mrs. Cartwright %~.' Mr. Barnes ~,. Mrs. Damp ,/ ITEM NO. q'~, ,~/ ROLL CALL 4 Mr. Taracka // Mrs. Cmwdght Mr. Barnes ~ Mrs. Damp ~ Mr. Halloran MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND ITEM NO. ROLL CALL Mrs. Cartwright Mr. Barnes Mrs. Damp '~' Mr. Halloran Mr. Taracka MOTION 10. 11. 12. YI-~L 13. SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 26, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shah address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-97-02) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Police Department Chaplain Frank Camillo 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-97-02) 6. p~OCLAMATiONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Sebastian Craft Club Presentation - Mr. Bates and Mr. Bissey Donation of $726 for Riverview Park - Mayor to Present Certificate of Appreciation B. Indian River Drive Traffic Watch Presentation - Mr. Herman Encke - Proposed Design for Informational Sign for Traffic Fines on Indian River Drive (;ITY ATTORNEY MATTERS A. Schedule Attorney-Client Session in Accordance with Section 286.022 F.S. Re: Pending Litigation (~ITY MANAGER MATTERS CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 2/5/97 Special (Quasi) Meeting, 2/12/97 Regular Meeting B. Bid Awards for Annual Sod Contracts - B & T Sod and R & R Turf Farms C. Approve Agreement with Carroll & Associates, Inc. - Biological Services for Airport D. Debbie Bishop - Request Community Center for Fundraiser Benefit - 3/29/97 - 11 am to 6 pm E. Veto Beach/Indian River County Recreation - Request Use of Riverview Park - 3/29/97 Easter Egg Hunt PUBLIC HEARING - None COMMITTEE REPORTS/RECOMMENDATiONS A. Ralph Hahn and Associates - Corrections to Police Station - Funding Realignments within Capital Improvement Budget A. Extension of Temporary Agreement for Bellsouth Mobility for Temporary Communication Facility Located 93-9B q$~lo~. on City Property Behind Police Department Building - Authorize City Manager to Execute Agreement Award Schumann Tennis Court Bid - Approve Contract with Nidy Company $152,222.91 Approve Sebastian Panthers Concession Agreement First Reading of Ordinance No. 0-97-44 Authorizing City Manager to Restrict Parking on the Right-of-Way of Sebastian Airport Property - Schedule Second Reading and Public Heating for 3/26/97 15. 16. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CITY COUNCIL MATTERS ADJOURN (All meetings beginning at 6:00 p.m. shall adjourn at 9:30 p.m. unless extended for one half hour by a majority vote of City Council. All meetings beginning at 7:00p. m. shall adjourn at l O: 30 p. m. unless extended for one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETiNG (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDtNGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Ut~coming Meetings: Quasi-Judicial Meeting - Wednesday, March 5, 1997 (~ 6pm Regular Meeting- Wednesday, March 5, 1997 ~ 7 pm (rescheduled from 3/12/97) Special Meeting -Election Results and Swearing In - Monday, March 17, 1997 ~ 6 pm Wor~hop - Wednesday, March 26, 1997 ~ 6pm Regular Meeting - Wednesday, March 26, 1997 ~ 7pm 2 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 26, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City C. ouncil if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-97-02) 1. Mayor Cartwright called the Regular Meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Department Chaplain Frank Camillo. City Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka ,$taff Presenr~ City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present ~ 97.074 I PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Sebastian Crai~ Club Presentation - Mr. Bates and Mr. Bissey Donation of $726 for Pdverview Park -Mayor to Present Certificate of Appreciation (Community Development Transmittal 2/19/97) 97.075 Indian River Drive Traffic Watch Presentation - Mr. Herman Encke - Proposed Design for Informational Sign for Traffic Fines on Indian River Drive - Cost of Sign to be Paid by (Community Development Transmittal 2/19/97, Report and Proposed Sign) 4 97.076 9 CITY ATTORNEY MATTERS Ao Schedule Attorney-Client Session in Accordance with Section 286.022 F.S. Re: Pending Litigation (City Attorney Memo 2/20/97) CITY MANAGER MATTERS 11-37 97.077 39-41 97.069 43 97.078 45-48 97.079 49-50 CONSENT AGENDA All items on the consent agenda are considered to be 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 - 2/5/97 Special (Quasi) Meeting, 2/12/97 Regular Meeting Bid Awards for Annual Sod Contracts - B & T Sod for Delivered and Installed Contract for Bahia and Floratam Grasses and R & R Turf Farms for Delivered and Installed Contract for Bermuda Grass and Delivered Only Contract for Bahia, Floratam and Bermuda Grasses - All Purchased on As-Needed Basis (Public Works Transmittal 2/19/97, Bid Review and Recommendation Forms) Co Approve Agreement with Carroll & Associates, Inc. - Biological Serfices for Airport (Backup Forthcoming) Debbie Bishop - Request Community Center for Fundraiser Benefit - 3/29/97 - 11 am to 6 pm - AfB and Collection of Donations Require Council Approval - Security Pd - Date of Birth Verified (City Clerk Transmittal 2/14/97, Application, R-94-50 Excerpts) Vero Beach/Indian River County Recreation - Request Use of Riverview Park - 3/29/97 Easter Egg Hunt - 10 am - Standard Conditions (City Clerk Transmittal 2/19/97, Wilson Letter 2/19/97) 7 10. 11. PUBLIC HEARING - None COMMITTEE REPORTS/RECOMMENDATIONS 12. 97.080/ 96.099 51-62 OLD BUSINESS A. Presentation by Ralph Hahn and Associates Re: Corrections to Police Station - Proposed Funding Realignments with Capital Improvement Budget (City Manager Transmittal 1/21/97, Hahn Report Pgs 9 & 10, Albers Letter dated 2/11/97, Finance Director Memo 2/20/97) 8 97.081/ 96.095 63-66 NEW BUSINESS Extension of Temporary Agreement with Bellsouth Mobility for Temporary Communication Facility Located on City Property Behind Police Department Building - Authorize City Manager to Execute Agreement (City Manager Transmittal 2/20/97, Copy of Original Agreement, Copy of Proposed Agreement) 9 97.082/ 95.152 67-91 Bo Award of Bid for Improvements to Schumann Park to Nidy Company to Build Four Tennis Courts, a Parking Lot and Drainage Facilities - Authorize City Manager to Execute Contract - Net Cost of $152,222.91 (City Manager Transmittal 2/20/97, Proposed Contract, Bid and Cost Summary, Capital Improvement Budget - Pg DST-2, Bid Review Committee Memo 1/28/97, Bid Documents on File in City Clerks Office) 10 9~.083 93-98 Approve Agreement with Sebastian Panthers, Inc. - Combination Restroom, Concession and Score Booth (City Manager Transmittal 2/21/97, Proposed Agreement) 11 93.084 99-102 First Reading of Ordinance No. 0-97-44 Authorizing City Manager to Restrict Parking on the Right-of-Way of Sebastian Airport Property - Schedule Second Reading and Public Hearing for March 26, 1997 (Airport Drive West) (City Manager Transmittal 2/20/97, O-97-44) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW SECTION TO CHAPTER 98, ARTICLE II OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "PARKING ON AIRPORT PROPERTY" GIVING THE CITY MANAGER THE AUTHORITY TO DESIGNATE "NO PARKING" ZONES WITHIN THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING THAT IT IS UNLAWFUL TO PARK IN A DESIGNATED NO PARKING ZONE; PROVIDING FOR PENALTiES; PROViDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROViDING FOR SEVERABILITY; PROViDING FOR AN EFFECTIVE DATE. 12 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 13 15. CITY COUNCIL MATTERS A. Mr. Richard Taracka B. Mayor Louise Cartwright C. Vice Mayor Walter Barnes D. Mrs. Norma Damp E. Mr. Raymond Halloran 16. Being no further business, Mayor Cartwright adjourned the Regular Meeting at 14 AGREEMENT THIS AGREEMENT made this 26th day of February, 1996, by and between the City of Sebastian, a municipal corporation of the State of Florida, 1225 Main Street, Sebasti. an, Florida, ("City") and Carroll and Associates, ("Consultant"), 1160 38th Avenue, Veto Beach, Florida. WHEREAS, the City has budgeted twenty-five thousand dollars ($25,000) for the implementation of the Scrub Jay Habitat Management Plan for the Sebastian Municipal Airport and agreed to both the U. S. Fish and Wildlife Service and the Federal Aviation Administration (FAA); and WHEREAS, the City desires to insure that all protected species that might be subject to any Federal regulation that could restrict the future approvals of FAA approvals at the Airport are identified as to type and location; and WHEREAS, the Consultant has agreed to perform professional services in conducting a protected species survey and Biological management oversight of the implementation of the Scrub Jay Habitat Management Plan. IT IS THEREFORE AGREED as follows: 1. Recitals. The above recitals are incorporated herein as if set forth in their entirety. 2. Agreement. The Consultant agrees to assist the City in the implementation of the Scrub jay Habitat Plan and to provide the City with a protected species survey as/outlined within the letter from Carroll and Associates to the City Manager dated January 23, 1997 and is referenced as Exhibit "A". 3. Project Schedule. The Consultant will undertake the the Protected Species Survey within the month of March 1997. The management plan tasks as outlined in Exhibit "A" shall commence upon request by the City, but such requests shall allow reasonable time for the Consultant to schedule his start time, but in no case shall it be more than thirty (30) days following a written request for commencement from the City. 4. Disbursements. The consultant shall invoice the City following completion of each phase of work as o'utlined within Exhibit "A". Approval of payment shall be made by the City Manager upon determination of satisfactory service. Payment shall be made by the City within thirty (30) days of receiving said invoice. 5. Hold Harmless The Consultant shall hold harmless the City, its agents, and employees, from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description resulting from or growing out of the services of the Consultant. 7. Go~rning Law. This Agreement shall be governed by the laws of the State of Florida. IN W IT~SS ~F/~EOF, the parti, es hereto have caused these presents to be executed, the day and year first above written. ATTEST: THE CITY OF SEBASTIAN Kathryn M. O'Halloran CMC/AAE, City Clerk Thomas W. Frame City Manager Carroll and Associates Joseph D. Carroll Owner Mr. Tom Frame City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 C SOCIATES · 1160 38th Avenue Vero Beach, Florida 32960 407/569-0086 January 23, 1997 SebastianAirport Property Indian River County Dear Tom: The following is a proposal to assist in carrying out a management plan for 3+ acres at the Sebastian Airport, and to perform scrub jay surveys on airport property likely to be affected by proposed leases and subsequent development. We previously performed a protected species survey, concentrating on the Scrub Jay for the northwest side of the Airport for the City of Sebastian in 1995. In 1996 we prepared the Management Plan which has been subsequently adopted and approved by the U.S. Fish and Wildlife Service. It is my understanding that the city is intending to perform the tasks required by the plan with it's own staff where possible. At our last meeting you had suggested that your staff would be providing me with a schedule and the tasks thought to necessarily be performed by a biologist. In the absence of this information, I have proceeded to prepare a proposal using my ideas as to the level of involvement of my firm in these management tasks. To ascertain the wishes of the U.S. Fish and Wildlife Service, I talked to Diane Bowen of that office. She was helpful and she felt that a biologist should be involved in overseeing all operations that would impact the threatened scrub jay. She included the clearing operation, debris removal, and exotic removal in that category. I interpret that to mean ~hez~hould be involvement in getting the job started the right way~-aT[d to review the completed task to determine whether it was completed properly. March is clearly the best month to perform scrub jay surveys, therefore I request that you at a minimum allow me to engage in the field time necessary to determine if scrub jays are using the management area and the lease area between Roseland Road and the. runway in March. For the management plan tasks, I have typically included a 6 hour day to assure the tasks start out correctly, for each different operation to be carried out by city crews, and a 4 hour followup visit to ascertain whether the work is completed properly. My proposal is to provide a scrub jay survey for $2150, and management plan implementation support for $3825 for a total of $5900 for both actions. For this project in our home county we have waived charges for travel time and mileage. As in all our proposals these are not to exceed amounts. In addition, we can perform the tree marking in phase 1 of the clearing plan for $25 per hour and it would be expected to take 7 . hours. (Total $175) Attached on the following page, you will find a cost breakdown. Call if you have any questions about or wish to discuss this proposal. Look forward to working with you. Sincerely, ,,.~'~ eph Protected Species Survey Orientation to property and set field stations Field scrub jay survey for 3+ Acre Mgt area Field scrub jay survey for lease area Review past reports, contact county staff biologists and write report for HOURS =4 hours = 7.5 hfs = 20 maps,and FWS = 7 hours TOTAL for Scrub Jay Survey Field Biologist 29.5 hfs @ 50/ hr Senior Biologist 9 hours @75.00/hr $1475 $675.00 = 38.5 hours Mileage (36 miles round trip x .25/mi x 5 = WAIVED Total scrub jay Field Survey $2,150.00 Manaaement Plan Implementation Management Plan tasks(initial Year) Exotic Control (typical 6 hrs startoff, 4 hrs check) Australian Pine 10 hrs Melaleuca 8 hrs Brazilian Pepper 10 hfs Clearing (first Phase) 10 hrs Firebreak construction 4 hrs Photography Stations Set Up and initial 4 hrs Revisit after first management actions 2 Coordination with FWS, city and Water Mgt Dist3 Senior Biologist 51 hours @ 75/hr. = $3,825.00 Mileage (36 miles round trip x .25/mi x 8 = (70 miles round trip x .25/mi.x 1 = WAIVED 17.50 Total $3,842.50 AGREEHENT THiS AGREEMENT made this 26~h day of February, 1996, by and between the City of Sebastian, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, ("City") and Carroll and Associates, ("Consultant"), 1160 38th Avenue, Veto Beach, Florida. WHEREAS, the City has budgeted twenty-five thousand dollars ($25,000) for the implementation of the Scrub Jay Habitat Management Plan for the Sebastian Municipal Airport and agreed to both the U. S. Fish and Wildlife Service and the Federal Aviation Administration (FAA); and WHEREAS, the City desires to insure that all protected species that might be subject to any Federal regulation that could restrict the future approvals of FAA approvals at the Airport are identified as to type and location; and W~REAS, the Consultant has agreed to perform professional services ±n conducting a protected species survey and Biological management oversight of the implementation of the Scrub Jay Habitat Management Plan. IT IS THEREFORE AGREED as follows: 1. Recitals. The above recitals are incorporated herein as if set forth in their entirety. 2. Agreement. The Consultant agrees to assist the City in · the implementation of the Scrub Jay Habitat Plan and to provide the City with a protected species survey as-outlined within the letter from Carroll and Associates to the City Manager dated January 23, 1997 and is referenced as Exhibit "A". 3. Project Schedule. The Consultant will undertake the the Protected Species Survey within the month of March 1997. The management plan tasks as outlined in Exhibit "A" shall commence upon request by the City, but such requests shall allow reasonable time for the Consultant to schedule his start time, but in no case shall it be more than thirty (30) days following a written request for commencement from the City. 4. Disbursements. The consultant shall invoice the City following completion of each phase of work as outlined within Exhibit "A". Approval of payment shall be made by the City Manager upon determination of satisfactory service. Payment shall be made by the City within thirty (30) days of receiving said invoice. 5. Hold Harmless The Consultant shall hold harmless the City, its agents, and employees, from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description resulting from or growing out of the services of the Consultant. 2 7. Governing Law. This Agreement shall be governed by the laws of the State of Florida. IN W IT~-ESS ~HEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: THE CITY OF SEBASTI~/~ Kathryn M. O'Halloran CMC/AAE, City Clerk Thomas W. Frame City Manager Carroll and Associates Joseph D. Carroll Owner Mr. Tom Frame City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 C SOCIATES ' 1160 38th Avenue Vero Beach, Florida 32960 407/569-0086 January 23, 1997 Sebastian Airport Property Indian River County Dear Tom: The following is a proposal to assist in carrying out a management plan for 3+ acres at the Sebastian Airport, and to perform scrub jay surveys on airport property likely to be affected by proposed leases and subsequent development. We previously performed a protected species survey, concentrating on the Scrub Jay for the northwest side of the Airport for the City of Sebastian in 1995. In 1996 we prepared the Management Plan which has been subsequently adopted and approved by the U.S. Fish and Wildlife Service. It is my understanding that the city is intending to perform the tasks required by the plan with it's own staff where possible. At our last meeting you had suggested that your staff would be providing me with a schedule and the tasks thought to necessarily be performed by a biologist. In the absence of this information, I have proceeded to prepare a proposal using my ideas as to the level of involvement of my firm in these management tasks. To ascertain the wishes of the U.S. Fish and Wildlife Service, I talked to Diane Bowen of that office. She was helpful and she felt that a biologist should be involved in overseeing all operations that would impact the threatened scrub jay. She included the clearing operation, debris removal, and exotic treatment and removal in that category. I interpret that to mean their should be involvement in getting the job started the right way and to review the completed task to determine whether it was completed properly. March is clearly the best month to perform scrub jay surveys, therefore I request that you at a minimum allow me to engage in the field time necessary to determine if scrub jays are using the management area and the lease area between Roseland Road and the. runway in March. For the management plan tasks, I have typically included a 6 hour day to assure the tasks start out correctly, for each different operation to be carried out by city crews, and a 4 hour followup visit to ascertain whether the work is completed properly. My proposal is to provide a scrub jay survey for $2150, and management plan implementation support for $3825 for a total of $5900 for both actions. For this project in our home county we have waived charges for travel time and mileage. As in all our proposals these are not to exceed amounts. In addition, we can perform the tree marking in phase 1 of the clearing plan for $25 per hour and it would be expected to take 7 hours. (Total $175) Attached on the following page, you will find a cost breakdown. Call if you have any questions about or wish to discuss this proposal. Look forward to working with you. Sincerely, Protected Species Survey Orientation to property and set field stations Field scrub jay survey for 3+ Acre Mgt area Field scrub jay survey for lease area Review past reports, contact county staff biologists and write report for HOURS =4 hours = 7.5 hfs = 20 maps,and FWS = 7 hours TOTAL for Scrub Jay Survey Field Biologist 29.5 hfs @ 50/ hr Senior Biologist 9 hours @75.00/hr $1475 $675.00 = 38.5 hours Mileage (36 miles round trip x .25/mi x 5 = WAIVED Total scrub jay Field Survey $2,150.00 Management Plan Implementation Management Plan tasks(initial Year) Exotic Control (typical 6 b_rs startoff, 4 hrs check) Australian Pine 10 hrs Melaleuca 8 hfs Brazilian Pepper 10 b_rs Clearing (first Phase) 10 hfs Firebreak construction 4 hfs Photography Stations Set Up and initial 4 hfs Revisit after first management actions 2 Coordination with FWS, city and Water Mgt Dist3 Senior Biologist 51 hours @ 75/hr. = $3,825.00 Mileage (36 miles round trip x .25/mi x 8 = (70 miles round trip x .25/mi.x 1 = WAIVED 17.50 Total $3,842.50 City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 c: FAX (561) 589-5570 SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 26, 1997 - 6:00 P.M. CYI~ COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuah shall address the CiO, Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-97-02) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 97.074 i INVOCATION - Police Department Chaplain Frank Camillo ROLL CALL AGENDA ,MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-96-53) PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS Ao Sebastian Craft Club Presentation - Mr. Bates and Mr. Bissey Donation of $726 for Riverview Park - Mayor to Present Certificate of Appreciation (Community Development Transmittal 2/19/97) I 97.075 3-8 i Bo Indian River Drive Traffic Watch Presentation - Mr. Herman Encke - Proposed Design for Informational Sign for Traffic Fines on Indian River Drive - Cost of Sign to be Paid by (Community Development Transmittal 2/19/97, Report and Proposed Sign) 97.076 9 11-37 97.077 39-41 97.069 43 97.078 45-48 97.079 49-50 97.080/ 96.099 51-62 10. 11. 12. CITY ATTORNEY MATTERS Ao Schedule Attorney-Client Session in Accordance with Section 286.022 F.S. Re: Pending Litigation (City Attorney Memo 2/20/97) CITY MANAGER MATTERS CONSENT AGENDA All items on the consent agenda are considered to be 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 - 2/5/97 Special (Quasi) Meeting, 2/12/97 Regular Meeting Bid Awards for Annual Sod Contracts - B & T Sod for Delivered and Installed Contract for Bahia and Floratam Grasses and R & R Turf'Farms for Delivered and Installed Contract for Bermuda Grass and Delivered Only Contract for Bahia, Floratam and Bermuda Grasses - All Purchased on As-Needed Basis (Public Works Transmittal 2/19/97, Bid Review and Recommendation Forms) Approve Agreement with Carroll & Associates, Inc. - Biological Services for Airport (Backup Forthcoming) Debbie Bishop - Request Community Center for Fundraiser Benefit - 3/29/97 - 11 am to 6 pm - A/B and Collection. of Donations Require Council Approval - Security Pd - Date of Birth Verified (City Clerk Transmittal 2/14/97, Application, R-94-50 Excerpts) Vero Beach/Indian River County Recreation - Request Use of Riverview Park - 3/29/97 Easter Egg Hunt - 10 am - Standard Conditions (City Clerk Transmittal 2/19/97, Wilson Letter 2/19/97) ]PUBLIC HEARING - None COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS Presentation by Ralph Hahn and Associates Re: Corrections to Police Station - Proposed Funding Realignments with Capital improvement Budget (City Manager Transmittal 1/21/97, Hahn Report Pgs 9 & 10, Albers Letter dated 2/11/97, Finance Director Memo 2/20/97) 2 97.081/ 96.095 63-66 97.082/ 95.I52 67-91 97.083 93-98 97.084 99-102 13. 14. 15. NEW BUSINESS Ao Extension of Temporary Agreement with Bellsouth Mobility for Temporary Communication Facility Located on City Property Behind Police Department Building - Authorize City Manager to Execute Agreement (City Manager Transmittal 2/20/97, Copy of Original Agreement, Copy of Proposed Agreement) Bo Award of Bid for Improvements to Schumann Park to Nidy Company to Build Four Tennis Courts, a Parking Lot and Drainage Facilities - Authorize City Manager to Execute Contract - Net Cost of $152,222.91 (City Manager Transmittal 2/20/97, Proposed Contract, Bid and Cost Summary, Capital Improvement Budget - Pg DST-2, Bid Review Committee Memo 1/28/97, Bid Documents on File in City Clerks Office) Approve Agreement with Sebastian Panthers, Inc. - Combination Restroom, Concession and Score Booth (City Manager Transmittal 2/21/97, Proposed Agreement) First Reading of Ordinance No. 0-97-44 Authorizing City Manager to Restrict Parking on the Right-of-Way of Sebastian Airport Property - Schedule Second Reading and Public Hearing for March 26, 1997 (Airport Drive West) (City Manager Transmittal 2/20/97, 0-97--44) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW SECTION TO CHAPTER 98, ARTICLE II OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "PARKING ON AIRPORT PROPERTY" GIVING THE CITY MANAGER THE AUTHORITY TO DESIGNATE "NO PARKING" ZONES WITHIN THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING THAT IT IS UNLAWFUL TO PARK IN A DESiGNATI~) NO PARKING ZONE; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABiLITY; PROVIDING FOR AN EFFECTIVE DATE. INTRODUC ,T~ON OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit of ten minutes for each speaker CiTY COUNCIL MATTERS Ao B. C. D. E. Mr. Richard Taracka Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran 16. ADJOURN (All meetings beginning at 6:00 p.m. shall adjourn at 9:30 p.m. unless extended for one half hour by a majority vote of City Council. All meetings beginning at 7:00 p.m. shall adjourn at 10:30 p.m. unless extended for one half bout by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286. O105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-$$$0 AT LEAST 48 HOURS iN ADVANCE OF THIS MEETING. Upcoming Meetings: Quasi-Judicial Meeting- Wednesday, March $, 1997 (~ 6pm Regular Meeting- Wednesday, March 5, 1997 ~ 7pm or soon thereafter (rescheduled from 3/12/97) Special Meeting -Election Results and Swearing In - Monday, March 17, 1997 ~ 6pm Workshop - Wednesday, March 26, 1997 ~ 6pm Regular Meeting- Wednesday, March 26, 1997 (~ 7pm or soon thereafter City of Sebastian 1225 MAIN STREET E] SEBASTIAN, FLORIDA 329,58 TELEPHONE {407} 589-5330 [] FAX {407} 589-5570 SUBJECT: Donation by the Sebastian Craft Club Approval for Submittal By: City Manager ~ ~.~ ) ) ) ) ) ) ) ) ) ) ) ) Agenda Number: Dept. Origin: Date Submitted: For agenda Of: Exhibits: Community Dev. 2/19/97 2~26~97 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Sebastian Craft Club wants to donate $726 to the City of Sebastian for three benches and three trees to be located at Riverview Park. The Sebastian Craft Club holds the craft shows at Riverview Park and they want to show their appreciation to the City for the use of the park through this donation. Mr. Bates and Mr. Bissey of the Club will be present. RECOMMENDED ACTION Accept the donation and acknowledge donation with a certificate of appreciation. _, it' City of Sebastian 1225 MAiN STREET [] SEBASTIAN. FLORIDA 32958 TELEPHONE (407)589-5330 [] FAX (407)589-5570 SUBJECT: Presentation by Mr. Herman Encke, Indian River Dr. Traffic Watch Approval for Submittal By: City Manager~ ~). ~ u ) ) Agenda Number: ¢~' ~) 7 ( Dept. Origin: Community Dev. Date Submitted: 2/19/97 For agenda Of: 2~26~97 Exhibits: Proposed Sign (RM) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Mr. Herman Encke of the Indian River Drive Traffic Watch has proposed a sign to be installed on Indian River Drive to make the public aware of the fines for speeding there. The staff has been working with Mr. Encke and have developed a small sign (the size of the existing speed limit signs) with the requested information. A copy is attached. Chief White has reviewed the proposed sign and has no objections and the Riverfront Advisory Committee has reviewed the proposal and recommends approval. The cost of the sign will be paid by the Indian River Drive Traffic Watch. RECOMMENDED ACTION Approve the proposed design for the informational sign for traffic fines on Indian River Drive. ~ IND[A~ RIVER DRIVE TRAFFIC WATCH GROUP NORTH COUNTY FEB I0 1997 PROGRESS TO DATE SPEED AND TRAFFIC COUNT MONITORING REPORTS FROM I.R.C. TRAFFIC ENGINF_3,RING TRAFFIC WATCH GROUP FORMED JULY 1993 TRAFFIC UNITS EXCEEDING 40 MPH - AVERAGE DAILY TRAFFIC 2000 1993 1994 1995 1996 18%----360unim 16%---- 320unim 14% -~280urtim 9~za~--- 190unim 1993, 199a, 1995, AC!-]IE~ TI-]ltOUGH REENGINEERED DOUBLE LINING, BRINGING 30 MPH ..SIGNAGE UP TO CODE AND SOME LAW ENFORCk-'MENT, FOP, 1996 CRED~ IS GIVEN TO SPEEDiNG FINES Sia~s moHsa~¥ Posmo~aD. Tm m:uc~o~ IN Ua, aTS ~Ca~ING ~ ~ ~o~ ~ ~uo~ ~ $IG~~. SEE LAST PARAGRAPH OF CHP,/STOP~ MORA'S LETTER DATED JAN 23 '97 AND CI-]IEF Dk-'NNIS WHrI~'S LETTER DATED DEC 6, '97. BOTH ARE ATTACI-IE~. WE NOW .-KSK THAT THE WATERFRONT COM1VflTTEE GIVE THEIR APPROVAL TO OUR REQUF~T FOR A FINES SIGN ON I.R.D. DRIVE IN TI-IE CLEVELAND ST. AREA. THE SIZE OF TIlE SIGN TO COMPLY WITH THE LOCAL CODES. BOA RD OF COUNTY COMML~SiONERS 1840 25th Street, [Zero l~each, Florida 32960 He.an ~ncke ' 13465. India~ River Drive Sebastian, ~!orKda 32958 ,, This month, the Indian River County Traffic gngineer~na conducted ~other traffic speed survey on Indian - ~iver Drive. As ~hown below, the ~esults of our January, 1997 survey that the traffic speeds on Indian River Drfve have declined this year when compared to the prevfous three years: Da~e 85th tile Speea January, 1997: ~ ms~ - northbound 37 m~h - souZhbound January, 1996: 39 mph - northbound 4! m~h southbound October, 1994: 40 mph - northbound 40 mph - southbound Oc=ober, 1993: i I I I I I 4! mph - northbound 40 mph - southbound Perhaps our speed reduc=ion efforts are beginning to pay off. If you have any questions, olease contact me at (561) 567-8000, ex= 234. ' ' Sincerely, Christopher R. Morn, P.E. County Traffic Engineer B:',INDRIVD R.9 i t SEBASTI~_N POLICE DEPAR~T D~IS R. ~I~, Chief ..... , ...... I mec recenciy with Mr. Herman Encke uegard[ng his recur%st for spee~!ng flne slqns ca Indian River Or. w~hin ~he City Limizs. MI Encke has nnw p~p,.,~3ed a sma!leu shcn, which wcu~d be a~,~- slze o~ the exis~inc ~0 MPH siuns with -~e "ewr=~= ~r. Encke also advised me zha~ he now wan~s only located in ~he a'-=a :,: re~]sme~ & 'Fha:-- ~,.=~-~_- Given Mr. Zncke's revisions in th= s~--~ ant ~m~=- coacer~ed, ~ would hoc: be o~po~ed Eo .~ :;[nq!e smal]e~ s:~n ~ ~he area proposed by Mr. Encke. ~ c: Mr. Herman ~nc;(e ,- Hr. Tom Frame, CLX7. Naaager co, $.1. SPEEDING FINES I I I I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 388-8200 [] FAX (407) 589-5570 DATE: TO: FROM: SUBJECT: February 20, 1997 Honorable Members of City Council Valerie F. Settles, City Attorney ~ Fey Meeting I would like to request that the City Council schedule an Attorney-Client session pursuant to Section 286.022 F.S. The purpose of the Attorney-Client Session is to meet in private with the City's Attorney to discuss pending litigation to which the City is presently a party before a court. The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be offthe record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. The transcript shall be made part of the public record upon conclusion of the litigation. Public notice will be given, pursuant to the above referenced statute. City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 3295@ TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDiCIAL HEARING(S) WEDNESDAY, FEBRUARY 5,1997 - 6:00 P.M. CITY COUNCIL CB. AMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Cartwright called the Special Meeting to order at 6:05 p.m. The Pledge of Allegiance was recited. City_ Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka City Manager, Thomas Frame Acting City Attorney, Tim Williams City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio Special City Council Meeting February 5, 1997 Page Two 97.059/ 96.057 OUASI-JUDICIAL PUBLIC HEARING(S). FINAL ADOPTION~ Appeal to Site Plan Approved by Planning and Zonin~ommission for Grace's Landing(Community Development Director Transmittal 1/27/97. Ci_ty Attorney Memo 1/29/97. StaffReport. Application w/Attachments. P & Z Minutes. Appeals) Mayor Cartwright explained the purpose of the hearing and opened it a 6:06 p.m. The City Clerk administered an oath to expert witnesses Attorney Paul Gugelman, applicant Bethany Carpenter, Director of Community Development Bob Massarelli and Bruce Cooper, representing Bruno and Janet Cristofori. The Director &Community Development presented staff's report on the site plan for G-race's Landing 70 unit low-income elderly housing project, as submitted in Council's packet (see report attached). He referred to the 1993 Kimley~Horn Transportation Study and read from the Transportation element of the Comprehensive Land Use Plan, noting the project will not exceed levels of service; said the applicant had agreed to donate right- of-way on Louisiana and Palmetto; and displayed a 1991 Louisiana Avenue survey prepared for the City by Masteller and Moler which exhibits a need for an additional five feet of right-of-way on either side of Louisiana Avenue. He reviewed the site plan and requested that staff.be authorized to direct the developer to shi~ buildings and other structures to protect trees on the site; and said that although Palmetto does present a concern to staff, it cannot require the developer to correct existing deficiencies, noting that there is encroachment onto Palmetto by properties to the north. He noted that the City has not adopted a concurrency management system as required by the Comp Plan. In closing, he said that the project is consistent with the Comprehensive Land Use Plan, Code of Ordinances and Land Development Code; again requested authority for staff.to approve adjustment of structures to protect specimen trees; and stated the applicant will donate 15' of right-of-way along Louisiana and 10' of right-of-way along Palmetto which should be completed prior to the issuance &any building permits. In response to Mr. Halloran, he said that making the Palmetto access emergency only is an option. Attorney Paul Gugelman, representing Bethany Carpenter, requested that the December 11, 1991 Masteller & Moler survey of Louisiana Avenue be submitted into the record (Exhibit A). There was no objection. Special City Council Meeting February 5, 1997 Page Three Bruce Cooper, Bruce Cooper Consulting, 6565 Whispering Pine, Grant, inquired whether there were plans for funding for improvements to Louisiana and the Director of Community Development said he was not aware of any. In response to Mr. Cooper, the Director of Community Development said the site plan was not reviewed by any other staff.nor by the City's consulting engineers Masteller & Moler; nor had he verified stormwater calculations. Mr. Cooper cited FS 163.3194(1) a & b and the Director of Community Development said his review is limited based on the authority given to him by the Land Development Code. Attorney Paul Gugelman presented a packet of information to the City Clerk to be entered into the record (Exhibit B - see list of documents attached), went on to give his background and asked to be qualified as an expert witness. He then requested that the Grace's Landing site plan be entered into the record (Exhibit C); said he concurred with the Community Development Director that the site plan complies with the Comprehensive Land Use Plan and Land Development Code. He read a January 26, 1996 letter of commendation for Ms. Carpenter from the Villages of Tupper Lake in New York and entered it into the record (Exhibit D). Bethany Carpenter, Grace's Landing Ltd., addressed City Council. TAPE I o SIDE II (6:50 p.m.) Ms. Carpenter said hers was one often projects funded by Florida Housing Finance Agency; presented a brief background on the application process for the project; gave her background with these types of projects in rural areas in several states funded through federal loan programs; listed the proposed cost of the units; explained the land use agreement whereby the units must be elderly housing for fifty years even if sold. Attorney Gugelman said the applicant has no objection to conditions recommended by staff.and is happy to work with the City on emergency access on Palmetto. in response to Mr. Taracka, Ms. Carpenter said there will be an on-site manager, emergency lighting, emergency pull switches in units and a flag system on mailboxes, a maintenance management agent, a lease stipulation that if a person stays with a tenant for more than 15 consecutive days or more than 15 days in a 45 day period their income Special City Council Meeting February 5, 1997 Page Four would have to be included. Ms. Carpenter introduced project contractor, Tim Wilson of Two Plus Four Construction. In response to Mayor Cartwright, Ms. Carpenter said hers is a for-profit corporation. In response to Mr. Barnes, Ms. Carpenter said applicants need to submit tax returns to be qualified for units, grandchildren of tenants cannot become tenants, only the elderly and/or disabled. Mr. Halloran inquired how the age of the tenants can be maintained as elderly and the age and number of tenants living in a unit after the initial lease can be restricted, to which Ms. Carpenter replied that she would review the management plan regarding limiting the number of tenants in a unit. Edra Young, 1151 Clearmont Street, Sebastian, said she was anxious to see this type of housing in Sebastian for the elderly. Bruce Cooper, representing Bruno and Janet Cristofofi, residing at 1044 Palmetto Avenue, and property owners of 1036 and 1056 Palmetto Avenue, submitted an appeal position into the record (Exhibit E). He stated that he had been Director of Community Development and Building Official for 8 1/2 years; that the Cdstofori's were not opposed to the project but were requesting that the site plan comply with all adopted codes and the Comprehensive Land Use Plan, again citing FS 163.3194 (1) (a) which he said states that the Comprehensive Land Use Plan must be complied with regardless of a concurrency management plan; stated that Louisiana and Palmetto do not meet minimum standards criteria for two lane roads; and said the site plan was in violation since it had no City engineer review. He recommended that a Florida registered traffic engineer determine impacts and necessary improvements in accordance with the Comprehensive Land Use Plan; that the City Engineer review the site plan and traffic data and that no certificate of occupancy be issued until improvements are completed. Mayor Cartwright stated the '93 Kimley-Horn study surveyed Louisiana and Palmetto as they exist today, to which Mr. Cooper concurred that Louisiana has not changed, however, that Palmetto was not identified in the study at that time; said that Palmetto property owners do not believe that Palmetto should be one-way to accommodate the project and that the emergency access only would be a definite plus. Special City Council Meeting February 5, 1997 Page Five TAPE II - SIDE I (7:37 p.m.) Mr. Cooper again read from 163.3194 (1) (a) and (b) and discussion followed on whether the Comprehensive Land Use Plan takes precedence over the Land Development Code, what impact CR 512 twin pairs will have on Louisiana and what level of traffic the project will generate. Mr. CooPer, in response to Attorney Gugelman, said he was Director of Community Development from 1987 to 1995 and the Comprehensive Land Use Plan was adopted in 1991 or 1992, Mr. Gugelman then noting that Mr. Cooper would then have been in charge of concurrency' for the City. Mayor Cartwright called recess from 7:35 p.m. to 8:08 p.m. All members were present when the meeting and heating reconvened. Mayor Cartwright then called for informational testimony. Bruno Cristofori, 1044 Palmetto Avenue, offered testimony on the inadequacies of Palmetto, said the area adjacent to this project has potential for future multi-family development, and that lack of sidewalks is a safety issue; said it would be a great injustice if'the road issue is not addressed; and presented photos of Palmetto Avenue to the City Clerk. Janet Cristofori, 1044 Palmetto Avenue, said her appeal is strictly based on the substandard roads; cited the history of this area and said one-waying of Palmetto should not be an option. Carole Phelps, 1053 Palmetto Avenue and 1102 Louisiana Avenue, said the condition of the roads was an embarrassment to the City, that P & Z had asked why the property owners had let the roads go as long as they had and she stated why should the property owners have to petition the City to fix its streets. She said she had lived and paid taxes in that area for 40 years and had never asked anything of the City until now. Wayne Brubaker, employee of Phelps Garage, 1102 Louisiana, said he felt deceived by City officials in that the fights of property owners in this area had been neglected for the fights of one. Special City Council Meeting February 5, 1997 Page Six Charles Titus, 1025 Palmetto Avenue, Sebastian, said the condition of the roads has not changed in 45 years. Al Vilardi, 445 Georgia Boulevard, Sebastian, inquired whether there were gopher tortoise or scrub jays on the site and expressed concern for the residents safety due to lack of sidewalks. Fred Anderson, 1001 Foster Road, Sebastian, suggested the developer contribute to the costs of improvement; said he was unaware that site plans did not have to go to the City Engineer for review; and commented that he had been required to pave roads, install utilities and sidewalks in one of his developments outside the City limits. Ruth Sullivan, 1215 Indian River Drive, Sebastian, said costs for road improvement should be ascertained prior to development approval, stated that this type of housing is also for disabled people as well as elderly, and requested the item be tabled for a traffic study. Judy Shuttleworth, 909 Louisiana Avenue, Sebastian, expressed concern for the further damage to Louisiana by construction trucks and asked if she would then be asked to pay for repair. TAPE Ii - SIDE II (8:25 p.m.) Chuck Neuberger, 357 Melrose Avenue, Sebastian, questioned why the developer couldn't go east to Indian River Drive for the waterline and recommended a new access taking traffic out of the development west to Main Street. Larry Paul, 1701 Sunset Lane, Sebastian, said the City should embrace business and suggested the City ask for some of its transportation impact fee money back from Indian River County to defer costs to Sebastian residents for improvements. Oscar R. Pettigill, 800 Louisiana Avenue, Sebastian, said the project doesn't fit with Louisiana Avenue. George Metcalf, Pine Street, Sebastian, spoke on behalf of the VFW and American Legion, stated the proper place to hook into the waterline is Main Street and Indian River Drive. Special City Council Meeting February 5, 1997 Page Seven Sandy Castillo, 920 Louisiana Avenue, Sebastian, said she had lived on Louisiana for 25 years, had always had serious drainage problems which had never been addressed by the City and now the City is accommodating a developer's drainage concerns. Frank Ostrowski, 929 Louisiana Avenue, Sebastian, expressed concern for ambulance traffic and increased resident traffic. Mayor Cartwright closed the public information period of the hearing at 8:55 p.m. The Director of Community Development stated that staff, review was based on the Land Development Code as well as the Comprehensive Land Use Plan and Code of Ordinances; said it was his opinion that the project does further and is compatible with the objectives, policies, land uses, densities and the intensities within the Comprehensive Land Use Plan; said most of the highlands does not meet the minimum standards for local streets; responded to the many concerns expressed; said staff'recommends that improvements to Louisiana and Palmetto be included in the next Capital Improvements list as an unfunded need and work toward a funding source, said the LDC does not require a City Engineer's review, noting that the project was engineered by the developer's engineer Velcon Group, and reviewed by St. John's River Water Management District and Department of Environmental Protection; noted that a traffic study cannot be required for this project in accordance with the Land Development Code; stated that no competent evidence had been presented to indicate that the project will lower the traffic level below level of service "D'; said right-of-way width cited by Mr. Cooper was strictly for subdivisions; said, in his opinion, the twin pairs will have no adverse impact on Louisiana traffic; suggested a neighborhood study on the Louisiana Avenue corridor be conducted in the next fiscal year as to land use, utilities, transportation, right-of-way, recreation, and compatibility of existing uses; recommended that construction traffic go north on Louisiana to Main only, and said there were no apparent endangered species nor any wetlands on the site. Beth Carpenter, responded to a question by Mr. Halloran by reading from the lease agreement, "Only those persons whose names appear on this lease may occupy the apartment without prior written consent except guests for not more than 7 days. The apartment may be used solely for private housing. You may not assign this lease or sublet any portion of this apartment. If you will be absent for more than 14 days you must notify us in writing"; listed the application fees, impact fees and assessments she is required to pay for development. She listed the fees involved in this project noting she had spent over Special City Council Meeting February 5, 1997 Page Eight a half million so far. Paul Gugelman, read from case law regarding the inability to collect money from a developer to correct existing deficiencies and entered them into the record (Exhibit not received). (He cited Nolan vs. California Coastal Commission, Lee County vs. New Testament Baptist Church, and City of Lauderdale Lakes vs. Kom (?)) He then distributed an excerpt from 163.3149 (Exhibit F) and stated "if the City wishes to deny the site plan, that action has to be consistent with the Comprehensive Plan", however he had heard no evidence by anyone that would indicate that the denial of the plan would be consistent with the Comprehensive Plan, therefore to deny the plan would violate Florida law. He further commented that denial of this site plan will cost indian River County the opportunity for affordable housing for the elderly of this type. Beth Carpenter said that in accordance with HUD guidelines, disabled are eligible for residency but that out of 52 letters she has received, only 2 people are disabled. She said in her experience 99% of the tenants in these types of facilities are elderly. Mr. Halloran noted that Ms. Carpenter had previously demonstrated to him that the minimum age limit was 55. Ms. Carpenter said she believed this issue was addressed before Council last March. Ms. Carpenter said construction should begin March 1 and take 7-9 months. She agreed to monitor construction traffic when asked by Mayor Cartwright. TAPE IH - SIDE I (9:25 p.m.) Mr. Barnes said he had empathy for the residents and wanted to see something move forward for improvement to the roads. The City Manager stated that staff.has suggested that Council direct staffto include Louisiana Avenue in the Capital Improvement Plan, noting it would probably have to go in as an unfunded need and suggested that projects can be reprioritized or this project can be placed in the next year's plan. He said it would have to be funded through discretionary sales tax. He said he visited Louisiana Avenue yesterday and noted that repair will be expensive, run-offwill have to be treated and that the project may have to be subdivided. 8 Special City Council Meeting February 5, 1997 Page Nine Discussion took place on the effect of the twin pairs on Louisiana and whether or not the City could request impact fees back. The City Manager said Louisiana would not qualify for impact fees and Bruce Cooper added he had spoken to Jim Davis who told him that Louisiana is not on the 20 year program list. The City Manager noted that Indian River County is using the '91 Masteller survey for waterline expansion on Louisiana. Mayor Cartwright suggested that the road improvements be looked at at a Council meeting in the near future. Mr. Barnes asked whether there could be a temporary concurrency ordinance to ensure future development compliance. The Director of Community Development said the ordinance is prepared, needs some further review and that he was targeting its adoption for October 1, 1997. He questioned the timetable for adoption under Florida law. Attorney Williams said he would have to review the statutes. Mayor Cartwright closed the quasi-judicial hearing at 9:50 p.m. MOTION by CartwrighffHalloran i'll move to uphold the P & Z decision and approve the site plan for Grace's £anding based on that the project meets or exceeds all of the Land Development regulations and Comp Plan objectives for the City of Sebastian. I would like to make this subject to the conditions that: 1) staff is authorized to approve adjustments to location of structures, parking and walkways to save and protect specimen trees; 2) the donation of right-of-way, 15' along Louisiana Avenue and 10' along Palmetto Avenue be complete prior to the issuance of any building permit; 3) the entrance to Palmetto be used for emergency access only. ROLL CALL: Mrs. Cartwfight - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 Special City Council Meeting February 5, 1997 Page Ten 5. Being no further business, Mayor Cartwright adjourned the Special Meeting at 9:55 p.m. Approved at the ,1997, Regular City Council Meeting. Louise R. Cartwright Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 10 City of sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 12, 1997 - 6:00 P.M. cITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Cartwright called the meeting to order at 6:05 p.m. The Pledge of Allegiance was recited. No invocation. City Coun¢l Present; Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka Staff'Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio Regular City Council Meeting February 12, 1997 Page Two 97.065 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of the Council members present (R-96-53) None. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Presentation of Certificate -'Employee of the Ouarter - 4th Quarter 1996 Mr. Taracka read a brief bio and presented a certificate recognizing Gary Nicholas as Employee of the Quarter for the 4th quarter of 1996. CITY ATTORNEY MATTERS The City Attorney explained procedures when a complaint is filed against the City. CITY MANAGER MATTERS Th e City Manager said he had been requested by the Art Club for a raindate this Sunday and had approved it administratively. There was no objection. He reported on the poor condition of street cuts for the water line installation in Phase I, that Indian River County had not pulled permits for street openings, and recommended asking the County to restore the roads properly. Mayor Cartwright said Terry Pinto had told Council that the jack and bore method would be used. There were no objections from Council. CONSENT AGENDA All items on the consent agenda are considered to be 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. Approval of Minutes - 1/20/97 Special Meeting, 1/22/97 Workshop, 1/22/97 Regular Meeting, 1/31/97 Special Meeting 2 Regular City Council Meeting February 12, 1997 Page Three 97.066 B. 97.067 C. 10. Approve Fiscal Year 97/98 Budget Calendar (Finance Director Transmittal 1/31/97, Calendar) Approve Lion's Club Use of Riverview Park for Fundraiser Steak Dinner on April 5, 1997 from 12 pm to 7 pm - Electricity - Standard Conditions (City Clerk Transmittal 1/28/97, Moore Letter) The City Manager read the consent agenda. MOTION by Barnes/Halloran. I'II make a motion to approve the consent agenda. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright ~ aye MOTION CARRIED 5-0 PUBLIC HEARINGS Procedures for public hearings: (R.96-53) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution ° Staff Presentation ° Public Input - Limit of 10 Minutes Per Speaker ° Staff Summation Mayor Closes Hearing ° Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record Regular City Council Meeting February 12, 1997 Page Four 97.061 A. Second Reading. Public Hearingand Final Adoption of Ordinance NO, 0-97-03 - Unlawful to Repair Vehicles inResidential District Unless Registered to Property Owner or Resident (City Clerk Transmittal 2/7/97. O=97-3) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 98-36 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED "PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS OF WAY"; PROVIDING THAT IT IS UNLAWFUL TO PARK VEHICLES IN A RESIDENTIAL DISTRICT FOR THE PURPOSE OF MAINTENANCE OR REPAIR, UNLESS THE VEHICI~R IS REGISTERED IN THE NAME OF THE OWNER AND/OR RESIDENT OF THE PROPERTY ON WHICH THE VEHICLE IS PARKED; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1 st Re~:ling I/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Mayor Cartwright opened the public hearing at 6:13 p.m. and the City Attorney read Ordinance No. 0-97-03 by title. Mayor Cartwright inquired whether legally parked includes a garage and ifCOR is considered a residential district and if so, were garages allowed in COR. Ms. Settles responded it would include cars parked in a garage and the Director of Community Development said that vehicle services were not allowed in COR. Mayor Cartwright closed the public heating at 6:17 p.m.. MOTION by Bames/Taracka I'll make a motion to approve Ordinance 0-97-03. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwtight - aye Mr. Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting February 12, 1997 Page Five 97.013 B. 97.014 C. SecQndReading. Public Hearing and Final Adoption Ordinance.No, 0-9'7-04 - Substituting Community. Development Director for City Clerk and Building Offlcia[ (Community Development Director 2/6/97. O-.9.7-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN R/VER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE RELATING TO THE OFFICIAL ZONING MAP AND LAND USE CLASSIFICATIONS BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK AND BUILDING OFFICIAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Mayor Cartwright opened the public hearing at 6:18 p.m. and the City Attorney read Ordinance No. 0-97-04 by title. · Mayor Cartwright closed the public hearing at 6:18 p.m.. MOTION by Taracka/Barnes I move to approve Ordinance 0-97-04. ROLL CALL: Mr. Halloran - aye Mr. Taracka ' - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - nay MOTION CARRIED 4-1 (Damp - nay) Second Reading. Public Heating and Final Adoption of Ordinance No..0-97-05; - Special Use Permit Application Procedures (Community DevelopmentDirector 2/6/97, 0-97-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR CONSiDERATION OF APPLICATIONS FOR SPECIAL USE PERMITS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Mayor Cartwright opened the public hearing at 6:19 p.m. and the City Attorney read Ordinance No. 0-97-05 by title. 5 Regular City Council Meeting February 12, 1997 Page Six Mayor Cartwright closed the public heating at 6:19 p.m.. MOTION by Barnes/Taracka I'll make a motion to approve Ordinance 0-97-05. ROLL CALL: Mr. Taracka - aye Mrs. Cartwtight - aye Mr. Barnes - aye Mrs. Damp - nay Mr. Halloran - aye MOTION CARRIED 4-1 (Damp - nay) 97.015 Second Reading_ Public Heating and Final Adoption of Ordinance No. O-97~06 - Excavation and Mining Regulations (Community_Development Director 2/6/97. 0-97-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING HEIGHT EXCEPTIONS, REGULATIONS FOR REQUIRED YARDS, EXCAVATION AND lvlINING - WATER MANAGEMENT STANDARDS, EXCAVATION AND MINING - DURATION AND COMPLETION OF PERMITS, EXCAVATION AND MINING - INSPECTION AND REVOCATION OF PERM1TS SUBS'ITrUTING COIVIMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL AND DnlECTOR OF PUBLIC WORKS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Ist Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Mayor Cartwright opened the public hearing at 6:20 p.m. and the City Attorney read Ordinance No. 0-9%06 by title. Mayor Cartwright closed the public heating at 6:20 p.m.. MOTION by Taracka/Bames I move to approve Ordinance 0-97-06. ROLL CALL: Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - nay Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 4-I (Damp - nay) 6 Regular City Council Meeting February 12, 1997 Page Seven 97.016 E. 97.017 F. Second Reading. Public Heating and Final Adoption of Ordinance No. 0-97-07 -R[Ilo for Location of Accessory_ Buildings (Community Development Director 2/6/97. 0-97- AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE PROVIDING FOR AN EXCEPTION TO THE GENERAL RULE OF LOCATION FOR ACCESSORY BUILDINGS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading I/26/97, Advertised Legal Notices 1/29197, PH 2/12/97) Mayor Cartwright opened the public hearing at 6:22 p.m. and the City Attorney read Ordinance No. 0-97-07 by title. Mayor Cartwright closed the public hearing at 6:22 p.m.. MOTION by Barnes/Taracka I'll make a motion to approve Ordinance 0-97-07. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-O Second Reading. Public Hearing and Final Adoption of Ordinance. NO, Q~97-08 - Wall~ and Fences in Commercial and Industrial Areas (Community. Development Director 2/6/97LO-97-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING LIMITATIONS AND RESTRICTIONS FOR WALLS AND FENCES IN COMMERCIAL AND INDUSTRIAL AREAS BY PROVIDING FOR THE APPROVAL OF FENCES AND WALLS NOT EXCEEDING EIGHT FEET IN HEIGHT BY THE COMMUNITY DEVELOPMENT DIRECTOR AND PROVIDING FOR APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Regular City Council Meeting February 12, 1997 Page Eight 97.019 G. Mayor Cartwright opened the public heating at 6:23 p.m. and the City Attorney read Ordinance No. O-97-08 by title. Mayor Cartwright closed the public heating at 6:23 p.m.. MOTION by TarackaJHalloran I move to approve Ordinance 0-97-08. ROLL CALL: Mrs. Damp - nay Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 4-1 (Damp - nay) Second Reading_ Public Heafingandt~inakAdoption of Ordinance No. O-97-10 - Mgving of Structures, Substituting Titles and Land Development Code for Zoning Code (Corrtrnuni~ Development Director 2/6/97. O-97-10'} AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING MOVING STRUCTURES BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK, BUILDING OFFICIAL AND CITY ENGINEER, SUBSTITUTING LAND DEVELOPMENT CODE FOR ZONING CODE, AND AMENDING PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Mayor Cartwfight opened the public hearing at 6:24 p.m. and the City Attorney read Ordinance No. 0-97-10 by title. Mayor Cartwtight closed the public heating at 6:24 p.m.. MOTION by BarnesFraracka i'll make a motion to approve Ordinance O-97-10. Regular City Council Meeting February 12, 1997 Page Nine 97.020 H. ROLL CALL: Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp - aye ~ aye - aye - aye - aye MOTION CARRIED 5-0 Second Reading. Public Heating and F.i~al Adoption of Ordinance No. 0-97-1,,,l.- Excavation and Mining Procedures (Community Development Director 2/6/97. O-97-l,1) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING LAND EXCAVATION AND FILL, EXCAVATION AND MINING - EXCEPTIONS, EXCAVATION AND MINING - MINING PERMIT REGULATIONS, EXCAVATION AND MINING - APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) Mayor Cartwright opened the public hearing at 6:25 p.m. and the City Attorney read Ordinance No. 0-97-11 by title. Mayor Cartwfight closed the public hearing at 6:26 p.m.. The Director of Community Developement said he had revised the ordinance to make it clearer when he removed legislative marks. MOTION by Taracka/Barnes I move to approve Ordinance No. 0-97-11 as amended. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Hailoran - aye MOTION CARRIED 5-0 Regular City Council Meeting February 12, 1997 Page Ten 97.023 I. 97.025 J. Second ReadingL Public. Hearing and Final Adoption of Ordinance No. O-97-14 - Structural Alterations to Nonconformities and Noncompliances (Community_ Development Director 2/6/9T O-97-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO STRUCTURAL ALTERATIONS TO NONCONFORMITIES OR NONCOMPLIANCES; SUBSTITUTING COMMUNITY DEVELOPMENT DlltECTOR FOR BUILDING OFFICIAL; PROVIDING FOR CODWiCATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, (lst Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2flZ/97) Mayor Cartwright opened the public heating at 6:26 p.m. and the City Attorney read Ordinance No. O-97-14 by title. Mayor Cartwright closed the public heating at 6:26 p.m.. MOTION by Barnes/Taracka I'll make a motion to approve Ordinance O-97-14. ROLL CALL: Mrs. Cartwtight - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye MOTION CARRIED 5-0 Second Reading. Public Hearing and. Final Adoption of Ordinance No~ O-97-16 - COR District Utility Storage Area Requirement for Carp. on or Similar Unenclosed Vehicle Storage Structure (Communi~ Development Director 2/6/97. O-97-16) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING COMMERCIAL OFFICE RESIDENTIAL DISTRICT; AMENDING THE UTILITY STORAGE AREA REQUIREMENT FOR A CARPORT OR SIMILAR UNENCLOSED VEHICLE STORAGE STRUCTURE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 1/26/97, Advertised Legal Notices 1/29/97, PH 2/12/97) I0 Regular City Council Meeting February 12, 1997 Page Eleven Mayor Cartwright opened the public hearing at 6:27 p.m. and the City Attorney read Ordinance No. 0-97-16 by title. Mayor Cartwright closed the public hearing at 6:27 p.m.. MOTION by Taracka/Barnes I move to approve Ordinance 0-97-16. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 11. COMMITTEE REPORTS/RECOMMENDATIONS None. 12. OLD BUSINESS 97.060 Recommendation from Planning and Zoning Commission Concerning Louisiana Avenue and Palmetto Avenue (Communi_ty Develg. pment Director Transmittal 2/6/9% The City Manager distributed a copy of the Capital Improvement budget (see attached) discussed the Masteller study done in 1991 which proposed a minimum 40 foot right-of- way with curb and gutter and sidewalks as a preliminary recommendation; recommended this item be included in the Capital Improvements budget as an unfunded need at this time; said he needed to determine an estimated cost for the improvements, look at revenue streams, project when the improvements can be accomplished, do a PD and E on the area, break the area down into projected phases. He recommended staffbe directed to include Louisiana Avenue in the Capital Improvements budget as an unfunded need; and for Palmetto Avenue, the road width needs to be looked at at some point and if the project impacts the road, it may have to be moved up. 11 Regular City Council Meeting February 12, 1997 Page Twelve 97.068 13. Mr. Halloran suggested that staff.define the condition of the street pre-construction and if the street is not in the same condition afterward something be done. Mr. Barnes asked if block grant funds could be sought due to its historical value. The City Manager said once the current grant project is completed it may be eligible. Mayor Cartwright inquired how the cost can be determined and the City Manager responded that estimates could be obtained from Indian River County. Mayor Cartwright said she would like to see the numbers as soon as possible. She also said she'd like to take a pro-active view on Palmetto instead of waiting to see if the project impacts the street. The City Manager said there are other City streets in worse condition. The City Manager said if there is no objection he will proceed to include the item in the Capital Improvements budget. He said Council should think about funding sources and that it might want to consider some resident participation, although he was not advocating that. It was the consensus of City Council for the City Manager to proceed. NEW BUSII~JESS Provide Direction Re: Preferred Date for First City Council Meetingin March 1997 (City_ Manager Transmittal 2/5/97) MOTION by Halloran/Taracka I move to change the March 12, 1997 meeting date to March 5, 1997. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 12 , i I I I I I I I i I i i I I I i I I Regular City Council Meeting February 12, 1997 Page Thirteen 97.069 B. Waiver °fBid Requirement to Secure Biological Services for Municipal Aim. on - ~A~;horize City Manager to Bring Back. Agreement Between City_ and Carroll and Associates for Approval (Ci~ Manager Transmittal 2/6/97. Map, .HCP. Ouote) The City Manager gave a brief explanation of the need for the study. MOTION by Halloran/Taracka I move to waive the normal procurement procedures and authorize the City Manager to bring an agreement between the City and Carroll and Associates, back to the Council for their approval in the amount of $6,075. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 TAPE changed to TAPE I - SIDE II (6:52 p.m.) during roll call. 97.012 C. First Reading of Ordinance No. 0-97-42 - Vacating Street Rights-of-Way in Sebastian Island Pursuant to Agreement w/Cornerstone - Schedule Second Reading, Public Hearine and Final Adoption for 3/5/97 (Community Development Transmittal 2/6/97. Map. AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING ITHACA AVENUE FROM EMPRESS AVENUE TO SPRING VALLEY AVENUE, EMPRESS AVENUE FROM SCHUMANN WATERWAY TO SPRING VALLEY AVENUE, SPRING VALLEY AVENUE FROM EMPRESS AVENUE TO THE NORTH LINE OF LOT 21, BLOCK 594, SPRING VALLEY AVENUE FROM THE SOUTH LINE OF LOT 22, BLOCK 594 TO CRAWFORD DRIVE, ALEXIS STREET FROM SPRING VALI~Y AVENUE SOUTH TO THE LIMIT OF PLAT, AND ALEXIS STREET FROM DAY DRIVE NORTH TO THE LIMIT OF PLAT RIGHTS-OF-WAY; PROVIDING FOR THE RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-97-42 by title. 13 Regular City Council Meeting February 12, 1997 Page Fourteen 97.070 D. The Community Development Director noted that on January 15, 1997 the City Council had approved an agreement with Cornerstone Homes and that this vacation is required by the agreement. He explained the exchange of properties pursuant to the agreement. MOTION by Barnes/Taracka I move to approve the first reading of Ordinance 0-97-42 and schedule the second reading, public heating and final adoption for March 5, 1997. ROLL CALL: Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 First Reading of Ordinance No. O,.97-43 - Vacating Adams Street Rift-of-Way - Schedule Second Reading. Public Heating and Final Adoption for 3/5/97 (Cornm-uni~ Development Transmittal 2/6/97. 0-97-43) AN ORDINANCE OF ~ CITY OF SEBASTIAN, IN IANRIVER COUN'rY, FLORIDA, VACATING THE ADAMS STREET RIGHT-OF-WAY LOCATED WEST OF U.S. HIGHWAY 1; PROVIDING FOR TIlE RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-9%43 by title. The Community Development Director explained the needed vacation and recommended approval. MOTION by Taracka/Bames I move to approve the first reading of Ordinance 0-97-43 and schedule the public hearing, second reading and final adoption for March 5, 1997. 14 Regular City Council Meeting February 12, 1997 Page Fifteen 97.071/ 96.110 ROLL CALL: Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka - aye * aye - aye - aye MOTION CARRIED 5-0 ~avcorp Property Parking Improvements ~ Conceptual Site Plan (Community Development Director Transmittal 2/6/97. CDD Memo 2/6/97. Alternate Site The Director of Community Development gave a brief history on Riverview Park north, displaying a 1993 conceptual plan considered by City Council which apparently went no further until the Community Development Block grant was obtained in 1995. He reported on the October 1996 meeting at which the public was invited to come up with ideas for the design, said CRA Engineers came up with a series of drawings based on the public's input, which he displayed for the benefit of Council and the public. He finally presented staff recommendation (see attached) and said Fellsmere Road will not be closed due to the twin pairs project. Chuck Neuberger, 357 Melrose Lane, Sebastian, suggested leasing the property out. City Council allowed Ruth Sullivan to speak on the subject. Ruth Sullivan, 1215 Indian River Drive, Sebastian, member of CATF and President of the Indian River Drive Property Owners Association, distributed photos exhibiting the entire area used for parking during a craft show. She protested a Code Enforcement officer coming to her home to advise her that she could not distribute flyers about this issue. TAPE II - SIDE I (7:39 p.m.) 15 Regular City Council Meeting February 12, 1997 Page Sixteen Mrs. Sullivan continued her presentation recommending that the overflow area not be closed off to boat trailer parking. Mayor Cartwright recommended the access on the east end on to Coolidge only and some type of vegetation barrier between the parking area and the overflow area to protect children from running into the parking lot. Mr. Taracka recommended a temporary gate on two east end gates and Mayor Cartwright agreed. Mr. Barnes said this entire lot was never intended to be a parking lot, asked why boats should be parked on the east end so no one else can use that area; said Sebastian can not resolve access to the river by itself} and said there have to be comprises and the best place for parking boats is on the west side. He agreed with the recommended design with a picnic area on the east side. Mrs. Damp said she liked Mr. Silva's idea on charging for use of the ramp. The Director of Community Development said this will be discussed at the next Riverfront meeting. Mr. Halloran said the lot was not purchased as a parking lot and the recommended plan was a good compromise. Dennis Green, 143 Filbert Street, Sebastian, said it was a long walk from the west end to the boat ramp. The City Attorney said discrimination on use of public property must have a reasonable basis and case law shows that you can't differentiate between a City resident and someone outside the City when charging fees. The Director of Community Development said the hedge can be limited to three feet in accordance with the Land Development Code. The City Manager said he needs to come back with a recommendation on removal of the temporary barriers for the overflow area. The Director of Community Development said a management plan needs to be developed. 16 Regular City Council Meeting February 12, 1997 Page Seventeen Michael Galloway, 825 George Street, Sebastian, suggested a season ticket for parking. Larry Paul, 1701 Sunset Lane, Sebastian, said this plan was a good compromise for all residents. The Director of Community Development recommended approval of the conceptual site plan as amended for final engineering by CRA Engineers, to come back at bid time to assure that staffhas done what was directed. 14. MOTION by Halloran/Cartwfight I move to adopt the conceptual site plan for parking improvements on the Cavcorp property as we have amended it this evening. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mx. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Mayor Cartwright called recess at 8:17 p.m. and reconvened the meeting at 8:35 p.m. All members were present. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker Michael Galloway, 825 George Street, Sebastian, discussed the problem with speeders on George Street since the opening of Wave Street. The City Manager concurred that there is a safety issue with the existing curve. Robert Farmer, 826 George Street, Sebastian, reiterated Mr. Galloway's concerns. TAPE II - SIDE II (8:42 p.m.) 17 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MEMORANDUM DATE: TO: FROM: February 26, 1997 Mayor and City Council Members, City Manager rathryn M. O'Halloran <~. 0'~ City Clerk February 12, 1997 Minutes in Agenda Packet Attached please find pages 18 and 19 of the February 12, 1997 minutes which were inadvertently. lea out of your agenda packet. Please insert them after page 37. We apologize for the error. sam Regular City Council Meeting February 12, 1997 Page Eighteen 15. CiTY Bob Ashcroff, George Street, Sebastian, agreed with the safety problem on George Street. The City Manager responded that he intended to utilize the new City Engineer to properly mark the signs to one-way Wave Street. Chief of Police Randy White addressed City Council assuring that more attention would be given to this problem by its new traffic enforcement officer. Herb Sturm, 549 Saunders Street, Sebastian, congratulated the City Manager on his one year anniversary with the City; and cited 112.532 FS regarding proper police investigations. Kelly Mather, 733 North Fischer Circle, Sebastian, referred to the Boaters Alerts distributed by Ruth Sullivan and disputed its accuracy regarding Planning and Zoning action. COUNCIL MATTERS Mr. Raymond Halloran None. Mr, Richard Taracka Mr. Taracka read from a letter offering a donation from a fishing club for the Main Street ramp. Mayor Louise Cartwright Mayor Cartwright asked the City Manager to commend the staff.for the renovation of the outside restrooms; said she had received complaints about the realignment of Laconia Street and asked the City Manager to look into it; requested an update on the tennis courts, to which the City Manager responded he should be able to come back to Council by the 26th for bid award and a request for additional money; expressed concern that Ruth Sullivan used her title as Citizens Advisory Task Force chairperson on a handout that may contain inaccuracies and suggested that Council look at this at the meeting of the 26th or the City Attorney could send her a letter. The City Attorney said there are procedures for removal of board members in Florida statutes. 18 Regular City Council Meeting February 12, 1997 Page Nineteen The City Attorney said there are prohibitions against using an official title to further personal gain. Mr. Barnes concurred with a letter from the City Attorney advising her against use of her title. Mrs. Damp said she was very upset with the handouts. Council concurred that Ms. Settles send a letter. Vice Mayor Walter Barnes None. Mrs. Nonna Damp Mrs. Damp spoke on behalf of Bruno Cristofori, who is willing to donate right-of-way on the south side of Palmetto. Mr. Barnes said several weeks ago that Sal Neglia was denied the right to speak and cautioned that people not be discriminated against during public input. Mayor Cartwright said that there is no waiver for people to speak under "Introduction of New Business from the Public" only "Public Input on Agenda Items". 16. Being no further business, Mayor Cartwright adjourned the meeting at 9:15 p.m. Approved at the 997, Regular City Council Meeting. Louise R. Cartwright Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 19 City of Sebastian I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 a FAX (561) 589-5570 I I I I I I i AGENDA REQUEST FORM SUBJECT: Bid Awards for Annual ) Agenda No. Sod Comracts for Bahia, ) Floratam and Bermuda ) Grass ) Dept. of Origin Dept. of Public Works ) Approved by PW Directo ) ) Approved by Purchasing .~~ ~~r~ ) Approved for Submittal By: ) Date Submitted: February_ ][9, 1997 ) City Manager ~ r.~-(~ ..,.,LFor Agenda of February 26. 1997 v, ) ) Exhibits: Bid Review and Recommendation ) Forms I i I I i I i I EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: 0 SUMMARY STATEIVI~ Bids for the Annual Sod Contract for Bahia, Floratam and Bermuda Grass were opened on February 18, 1997. Bids were received from B and T Sod of Sebastian, Florida and R and R Tuff Farms, Palm Bay, Floridm The Bid Review Committee met on February 19, 1997 and recommended that B and T Sod of Sebamim be awarded the Bahia and Floratam Delivered and Installed Contract, and that R and R Turf Farms of Palm Bay be awarded the Delivered and Installed contract for Bermuda grass and the Delivered only contract for Bahia, Floratam and Bermuda. All materials will be purchased on an as-needed basis as per the unit price. There is no minimum guaranteed quantity to be purchased per year. RECOMMENDED ACTION Move to award the Annual Sod Contract for Bahia and Floratam Delivered and Installed to B and T Sod of Sebastian and to R and R Turf Farms for Bermuda Delivered and Installed and for delivery only for Bahia, Floratam and Bermuda Sod. I I I I I I I I I I i I I I I i I i I City of Sebastian I 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 DATE: TO: FROM: MEMORANDUM February 21, 1997 Mayor and City Council Members Kathryn M. O'Halloran City Clerk Agenda Item 97.069 Agreement with Carroll and Associates, Inc. The backup documentation for the above referenced agenda item is forthcoming. City of Sebastian 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 u FAX (561) 589-5570 AGENDA FORM SUBJECT: RENTAL OF COMMUNITY CENTER FOR A BENEFIT, GROVER GIBSON THROAT CANCER APPROVED FOR SUBMITTAL BY: · ] AGENDA NO. ] ] ] ]Dept. Origin : ] ] Date Submitted: ] ] ForAgenda of: City Manager:~ ] ~~xhibits: 1 City' C~e~k ~ February 14, 1997 February 26, 1997 Application dated 2/4/97 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: I I I I I I I I SUMMARY STATEMENT The City has received an application from Debbie Bishop requesting permission to rent the Community Center for a Benefit on March 29, 1997 from 11:00 a.m. to 6:00 p.m.. The Security Deposit was paid 2/11/97. She is also requesting to receive donations and the use of alcohol at this event. Proof of age has been given. RECOMMENDED, ACTION Move to approve the request. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION DATn February 4, 1997 [XX] CONhM'UNITY CENTER [ ] YACIRT CLUB Name of Permi~ee : Address of Perr~ee: Debbie Bishop 10715 US Highway ~1, Sebastian, FL Telephone No.: 388-9511 32958 Name of C~cmiz~cn or Group ff Applicable: N/A Reason for Rentc~k Benefit Re~est~ ~: ~rch 29, 1997 Please ~er ~ or NO: 1) ~ htchen fc~es ~? yes 2) ~ you a ms/dent of Sehas~? yes 3) W~ decc~o~ be put up? yes # of Persons A~ending Event 200 Trane of ~ From 11:00 am To: 6:00 pm 4) Will ~ere be cm acLmJs~on or door charge? donations will be taken 5) Will ~flcohollc beve~ges be served? yes (a) ~cmswer~ #5 is Yes, Permittee's Pmof o£Age: Florida Driver Lic~se ~B210-163-55-611 ~) ~ ~cohol ~ to be se~. pe~ssion is m~ by ~ ~c~ Yo= ~est .~ be presented to Sec~Depo~t$ ~.o~' Rent, S ~.~+~T~ t~,~O =$ ~ . q~ Make ~ecks P~le to: ~ OF S~~ "' SPE~ N~ A se~cs fee of 5% ar ~O.g0 (w~chever is gre=ter) m~ be ch~ed for any ~shanamd check per ~a~da State Statute 16&251. OFFICE USE ONLY I I i I I I I I I I Secafi~r Deposit Pc:id On Rentc2 Fee Pc=id Cn ;dc:hal ~e,mrc:~e Eequ. est hecm~ ct ~e Caur,.c~2 Mee~g an Key ~ck'up Dczte Key RetumDate Secu~/~ Deposit RetUrned By Ci~Caeck No. m ~eczmom'zt cf Comments: Please pay deposit check back to Florida Floor Fashions, 6, Wabasso, FL 32970. ~PPROV~/D~ZD Inc., P. O. Box I i I i B. The City Clerk shall issue a use permit upon a determination that the requested use is permissible pursuant to this Resolution and all fees have been paid. In the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11:00 p.m., or if an admission charge is to be assessed, then the City Clerk shall not issue a use permit until directed to do so by the City Council. C. A use permit for a group composed of minors shall be issued only to an adult who accepts the total responsibility for the supervision of each minor throughout the period covered by the permit. D. No admission fee or other charge may be imposed by the permittee unless expressly authorized in the use permit. Prior to issuance of the permit, the City Council shall make a determination that the proposed admission charge or other fee is not intended to further a commercial purpose. E. The serving of food and/or use of kitchen facilities is prohibited unless specifically authorized in the use permit. F. The applicant shall disclose to the City Clerk the nature of the proposed activity and the anticipated need for extra work by City personnel. In the event, the city Clerk determines that the permittee will cause extra work by city personnel as a result of the proposed use, an additional fee shall be charged in order to fully recoup such cost. G. No decoration of any type shall be pe~--mit~ed without the prior approval of the City. Any decoration utilized must be removed by the permittee. H. 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. I. No alcoholic beverages of any type may be brought on to the premises, dispensed, or otherwise consumed without prior authorization of the City Council. The Council shall make specific provisions in the permit with regard to consumption of alcoholic beverages. J. The permittee shall not, under any circumstances, remove any chairs, tables, or any other equipment from the facility. K. Unless otherwise directed by the City Council, all Permitted activities shall cease no later than ll:00 p.m. L. The permittee shall bear the responsibility for the control of the lights, thermostats, and other equipment in the facility. Further, the permittee sha~l bear responsibility for the unlocking and subsequent securing of the doors of the facility. In the event that an applicant anticipates any special needs with regard to heating, air conditioning, or lighting, he shall disclose the details of such necessities to the City Clerk at the time of application. additional fee is necessary. The Clerk shall then determine if an i ! ! City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 AGENDA FORM ] AGENDA NO. ] SUBJECT: USE OF RIVERVIEW PARK APPROVED FOR SUBMITTAL BY: ] ] ]Dept. Origin : ] ] Date Submitted: ] ] ForAgenda Of: City Clerk February 19, '1997 February '19, 1997 . ] I City Manager.~ t~],~Exhibits:' Letter of Request Dated L/ ] 2/19197 I EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT Bob Wilson from the Indian River County Recreation Department is requesting use of Riverview Park for Easter Egg Hunt on March 29, 1997 at 10 A.M.. They are are expecting approximately 300 people to attend this event for children ages 6 months to ten years old. Unless otherwise stipulated by City Council, the following are established rules for the use of Riverview Park: 1. $100.00 security deposit. 2. No vehicles in the park. 3. Applicant to provide sufficient waste receptacles and clean up after the event. 4. No alcoholic beverages are permitted within the park. 5. All displays must be clear of the sidewalks and entrance ways, 6. Any goods for sale must be handmade by members of the organization. 7. Applicant must contact and receive approval from the Health Department regarding the sale of food. RECOMMENDED. ACTION Move to approve the request for the Easter Egg Hunt. Vero Beach/Indian River County Recreation Department 172~ - 17th Avenue Veto Beach, Florida 32960 (561) 567.2144 i561) 778.7496 Fax Patricla A. Callahan Poll J. Wilkc~ Manager nf l-i~ur~ l~'ograms nethe! C~k House '4a05 N, AIA C~muffily Center 72~ 14th Av~ Ri~rho~ 305 Aea~la R~d Bobbl Bu~kk l:~ilitlc~ Mana~r {~6i) 77~17 Dcachca & Water Safety 44{~ N. AIA Michael SeHo Gifted 4680 43~ Chun i.ar~ (561) 567-7~52 Kiwaffis. Ho~ ~ ~35o 77th Mlchaal Su~i~e 3705 16th Sl~el (sb I ) 770-6500 Office (561 ) 77o. I S54 Fan Ri~,crslde Racquet Complex l'hmlr~ M'a~ncllo Tennb Manager 350 Dahlia (~6 I) 23 ~ February 19, 1997 Mr. Tom Frame, City Manager City of Sebastian 1225 Main Street . Selatsti~ Florida 32958 Dear Mr. Frame, The Veto BeacMndian Riv~ County Recreation Depar/ment Would like to. hold its annual Easter. Egg Hunt at Riverview Park. The Easter Egg Hunt will be held on Saturday, March 29, 'I 997, at 10 a.m. The ReereafiOn Department has been hosting egg hunts for over thirty years. The.hunts are for boys and g4r'Is from 6 months old t0 ten'years old. Everyone gets'a plastic egg with candy in the egg. The egg hunt will last about one The Recreation Department would llke to thank you for your support with the Easter Eg8 Hunt. · Thank you, Bob Wilson Recreation Supervisor BW:nhm A SM//Ja' 15 A Gll,'T YOU CAtV GIVE EVERY DAY City of Sebastian, Florida Subject: Report and recommendation on corrections to Police Station along with proposed funding realignments within Capital Improvement Budget. Approved for Submittal by: City Manager EXHIBITS: Agenda No. q'2 0 ~/0 Department Orig/n: City Manager Date Submitted · February 21, 1997 For Agenda of February 26, 1997 1. Recommendations form Hahn Report dated l-8-97 (pp. 9 & 10) 2. Correspondence from Tom Albers, P.E., Ralph Hahn & Associates dated 2-11-97 3. Memo date 2-20-97 from Joel Haniford, Finance Director EXPENDITURE REQUIRED: ] AMOUNT BUDGETED: APPROPRIATION .REQUIRED: $250,000 /$250,000 Realignment of capital funds between FY 97 and FY 98 SUMMARY STATEMENT As Council will recall, based on the Spaul Report dated June 12, 1996, it was recommended that a mechanical, engineering finn be retained to evaluate and make recommendations for improvements to the Police Department building and the Heating, Ventilation and Air Conditioning System (HVAC System). On November 18, 1996 the City retained the services of Ralph Hahn & Associates. Subsequently, Hahn & Associates issued a report entitled "REPORT ON THE HVAC SYSTEM AT THE SEBASTIAN POLICE STATION" dated January 8, 1997, which I distributed to the City Council. As a follow up, I called a meeting consisting of George Bonaeci, Paul Wagner, Joel Haniford, Doris Lee, Randy White Jerry Converse, and Councilman Walter Barnes. Councilman Barnes came at my request since he had sat through and participated in the committee recommendations for selecting the consultant (Hahn). In addition to myself, Mr. Tom Albers, P.E. with Ralph Hahn & Associates were present. The attached correspondence from ,.Mr. Tom Albers recapitulates the discussion during that meeting and subsequent review by Hahn & Associates. The recommendation that would be requested to consider is that of Recommendation B contained within the January 8, 1996 Report with an estimated cost of $213,000. In order to move forward with the recommended improvements, the Council must realign funds with the Capital Improvement Budget for this year and those expenditures reflected in the next fiscal year~ Those changes are outlined in the Memorandum dated FebruaE~ 20, 1997 from Joel Haniford, City Finance Director. In essence, the fuel tanks project would be deleted: a one year delay in the yacht club renovations, the City Hall roof and the storage loft at the central garage would occur. These changes would allow $125,000 which had been budget for expenditure in FY 89 to now be used and provide adequate funds for the estimated cost. As a footnote to Joel ltaniford's memorandum, there are two corrections ,also noted regarding errs which the Council would be requested to authorize since changes are being made to the Capital Improvements Budget. RECOMMENDED ACTION Hear presentation by Ralph Hahn & Associates: make decision regarding recommendations (committee felt that Recommendation B 'was more desirable)~.uthofize changes to Capital Budget to realitm fimds as outlined in Joel Haniford's memo (la/ed Februmw 20, 1997 in~:lud'in~ corrections to errs ~e has noted. ' ' ~ . ,. : .;;},.'- the specified airflow rati~ bY' replacing the' motor and fan sheaves rather than installing a plate at the discharge of the unit. The plate should be removed prior to balancing. Reducing the airflow rate to the design flow would also reduce the face velocity of the cooling coils and reduce the moisture carryover previously mentioned. The duct between the CTSI unit and the Trane unit is internally lined. This should not be a problem when the CTSI unit is operating correctly as the discharge air from the CTSI unit should be approximately 78°F with a relative humidity of 37%. The duct could easily be replaced with double wall duct with a solid inner liner for added protection fi.om mold and mildew growth. The existing inner liner has been continually exposed to saturated air conditions due to the current operation of the CTSI equipment with the moisture carryover and no reheat. RECOMMENDATIONS The following recommendations, labeled A through C, are options that are to be combined with the recommendations labeled 1 through 8. A. Install a new air-cooled chiller on the ground or on the roof to provide chilled water to a new roof mounted variable air volume chilled water air handling unit with VFD (variable frequency drive) control and a new chilled water 100% outside air unit. The new ak handling units will be double wall with a solid inner liner to prevent exposure of fiberglass fibers to the akstream and reduce the opportunity for mold and mildew growth. The new outside ak unit would be sized for 1,800 CFM to provide a positive pressure for the facility with the existing exhaust air flow rates. Estimated Probable Construction Cost = $214,000 ('Includes Recommendations 1 through 8) Install a new air-cooled chiller on the ground or on the roof to provide chilled water to a new roof mounted VAV chilled water air handling unit with VFD control. The existing CTSi unit could be retrofitted for a chilled water coil by removing the existing DX coil and remote condensing unit and modifying the controls. The exhaust air volume would need to be decreased in order to reuse the existing CTSI unit and maintain a positive pressurization. This could be done by reducing the exhaust rate in the men's locker room and the break room and vending mackine area. The break room currently is designed for 100 CFM exhaust and 50 CFM return. Modif'fing the room to 100% return would allow more of the food odors from meals prepared in the microwave to possibly be distributed in the building. The supply (outdoor) air through the CTSI unit could not be increased due to moisture carryover already present. Estimated Probable Construction Cost = $213,000 ('Includes Recommendations 1 through 8) 9 C. Reuse the e,'dsting Trane air handling unit (with new VFD capacity control) and the i CTSI unit. This recommendation will not provide the same level of comfort control as I the fa'st two options because of the inherent inability of the DX system to maintain a constant discharge air temperature. A control device could be added to the first stage i compressor on AHU-1 to improve the capacity modulation of the system. The CTSi and Trane equipment would require repairs to bring them into proper operating condition. I Estimated Probable Construction Cost = $153,000 (Includes Recommendations 1 through 4 and 6 through 8) The following recommendations apply to the previous options labeled A through C: Replace the plenum return system with a ducted return. Replace the existing VariTrac control system, including bypass dampers and zone dampers with a new DDC control system and VAV terminal boxes with electric reheat. New zones will be added where desired or necessary for additional comfort control. VAV boxes are typically constructed of galvanized steel and are internally insulated. The insulation should have a noneroding facing over the fiberglass to prevent contact between the fibers and the aimtream. The internal liner shall meet ASTM C 665 or be specified with a coating such as Portersept that contains an antimicrobiai agent. Install a new condensate trap on the north side of the existing Trane air handling unit. Replace all portions of the existing duct having internal liner or made of ductboard. Clean the interior of all sheet metal ductwork to remain. All supply and return ductwork shall be provided with access doom to permit periodic cleaning of the inside surfaces. Provide increased filtration efficiency in the new air handling equipment (minimum 60% efficient). The existing Trane unit can only use 2", 45% efficient filters. Put exhaust fans EF-4, EF-5 and EF-8 on 15 minute timers and interlock EF-1, EF-2 and EF-3 with air handling unit AHU-I to run continuously whenever the air handling unit and the outside air unit are operating. Add access doors at ail fire and smoke dampers where missing. Add access doors as required for cleaning and inspection of ductwork. Repair/replace any existing ductwork. Seal all exterior holes in the ceiling plenum area that are connected to the soffit'ted roof areas. 10 MEMORANDUM TO: FROM: DATE: RE: CC: Mr. Paul Wagner City of Sebastian Thomas G. Albers, Jr., P.E. ,'~ Ralph Hahn & Associates' February ll, 1997 Sebastian Police Station Meeting lVfinutes RNA #396-617 Robert J. Knoedler, P.E. The following items shall serve to document the Review meeting held on Friday, January 24, 1997 at the City of Sebastian conference room for the above referenced project: Attendees George Bonacci - Building Official Thomas Frame - City Manager Paul Wagner- Assistant to the City Manager Joel Haniford ~ Finance Director Dor/s Lee - Human Resources Walter Barnes - Councilman & Vice Mayor Randy White - Police Chief Jerry Converse - Building Superintendent Tom Albers - Ralph Hahn and Associates Items Discussed The purpose of the meeting was to discuss the recommendations and options detailed in the Report on the HVAC System at the Sebastian Police prepared byRalph Hahn and Associates (RHA). Station, dated January 8, 1997, and It was agreed that Recommendation A or B would be selected based upon the exhaust air requirements for the facility. Recommendation B was preferred since it would retain the existing CTSI outside air preconditioning unit. (AS stated in the report, Recommendation B had an estimate probable cost of $213,000.) It was also a~eed that the original design rate of air being exhausted fi-om the male locker room, the break room and the vending machine area would be reduced to the minimum required by Code to assist in providing a positive pressurization for the facility with respect to the outdoors. The break room and vending machine area exhaust will be elin6nated and the supply air delivered to those areas wi/l be recirculated to the air handling unit. Exhaust fans EF-4 and EF-5, which exhaust air fi.om the Armory and Holding Toilet, do not require continuous operation and will be put on 5-15 minute twist timers so that they will automatically turn off after a set time period. EF-8, which exhausts air from the Darkroom/Storage room, shall be interlocked with the air handling unit so that whenever the air handling unit is operating EF-8 shall also run. EF-1, EF-2 a~d EF-3, which exhaust air from the Male Locker, Female Lockers & Restrooms, and Staff Toilets, shall also be interlocked with the air handling unit and operate whenever the air handling unit is running. Interlocking the equipment causes both the exhaust fan and the air handling unit to operate at the same time. If the air handling unit is turned on the exhaust fan will automatically be turned on also. It was discussed during the meeting that EF-1 and EF-2, exhausting air fi-om the Male and Female Locker Rooms, could be put on twist timer or occupancy sensor control to de- energize the fan when the rooms are not occupied due to the sporadic usage. While small exhaust fans for private restrooms are oiten on timers, good engineering practice does not permit the cycling (turning on and off) of larger fans serving combination restroom/locker areas. In addition, we spoke with the manufacturer of the CTSI outside air preconditioning unit and determined that the conditioned ventilation air flow rate could not be modulated (automatically increased or decreased) based on the exhaust air flow rate in the building without some extensive retrofit of the equipment. Therefore, we recommend that the Locker Room exhaust operate continuously with the air handing unit and the CTSI outside air preconditioning unit be retrofitted for a chilled water coil as discussed in the report. The above represents our understanding of the items discussed at the Review meeting. Should you require any clarifications, additions, or deletions regarding any of these items please call immediately. City of Sebastian 122,.5 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MEMORANDUM DATE: TO: FROM: SUBJECT: February 20, 1997 Thomas Frame, City Manager Joel Haniford, Finance Director ..~/~ Changes in Capital Improvement Budget to Allow Full Payment of Police Station Improvements in this Fiscal Year 1. In order to accommodate the additional $125,000 to be spent on the Police Station this year, we will need to reduce other projects by a like amount. 2. I recommend the following changes to the CIP: a) Delete Project 30-97-DST001 City Fuel Tanks & Fuel Stations b) Delay the following projects one year: 1) 24-97-DST011 Yacht Club Renovation 2) 24-97-DST007 Re-roof City Hall 3) 25-97-GT003 Storage Loft in Garage c) Savings from purchase of Capital Equipment (total equipment savings have been greater than this amount) TOTAL CHANGES THIS FISCAL YEAR 3. The result of these changes are reflected on the revised CIP sheets attached. $ 61,000 $ 18,000 $ 31,000 $ 12,000 .$ 3,000 $125,000 · There are two other factors included in the revised sheets: a) the DST Prior Year Bal. Forward is $71,965 less than the amount in the CIP Budget because the City portion of the Riverfront Waterline Assessment was not included. b) Project 26-97-DST006 BSSC North Improvements was for $108,000 but only $33,000 was included on the summary sheet. A difference of $75,000 which has been added. X - I I I I I I _. i I I I I I I i I I I I I I f I I I I I I I I I I I I ~ ~ , , , ,~, ,,,, , , , , , , ~ ~ ~1 ~1~1 ~1 I kl I~1~1 ~1 ~1 ~1~1~1~1 ~1~1 ~ ~ ~ ~, ~,~, ~, , ~ ~' ,~,~, IIII I I II1~1 Il iiii IIII I I I I IIII IIII I IIII II I iiii II IIII I II II I I I I I II1~1 Ii IIII I I II1~1 II IIIIllll I I i I I I~1 I I I IIII II I I IIII II I IIII II I I I I I I I IIll II I~1 IIII II 18: I1~11 -I ! ! I ! ! ! ! ! ! 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I.I L ! I I IIIIII tl I I I I I '1 I I I I OlOlOl ~I~I~I Ill Ill Ill Ill iiiiii ~ IIIiii N Iiiiii ~ IIIIII ~ IIIIII IIIIII ~ iiiiii ~ IIIIII IIIIII ~ IIIIII ~ IIIIII ~ Illlll ~ IIIIII ~ iiiiii ', , J City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SUBJECT: Extension of Temporary ) Agreement for Bell South Mobility for ) a Temporary Communication Facility ) Located on City Property Behind the Police Department Building Approval For Submittal By: ) ) ) ) ) ) TRANSMITTAL AGENDA NO Dept. Origin: City Manager Date Submitted: 02/20/97 For Agenda Of: 02/26/97 Exhibits: (i) Copy of Original Agreement ~) Copy of Proposed Agreement EXPENDITURE AMOUNT APPROPRIATION I REQUIRED: BUDGETED: REQUIRED: I I I i I I I The attached copy of a proposed extended temporary agreement proposes to replace the original Agreement dated July 30, 1996. The initial Agreement is dated July 30, 1996, and will expire on March 31, 1997. The monthly fee for use of the site under that agreement is $400.00 per month plus applicable sales tax. Under the new Agreement, all conditions would remain the same with the exception of the revenue to be paid to the City and the the terms of the Agreement. The revenue would increase from $400.00 per month to $700.00 per month plus applicable sales tax. The proposed term would be from April 1, 1997 through March 31, 1998, or until Bell South Mobility locates a permanent facility, whichever comes first. RECOMMENDATION Approval of the temporary Agreement and authorize City Manager to execute the Agreement BellSouth Mobility 5201 Congress Avenue Boca Raton, FL 33487 3uly 30, 1996 Mr. Thomas Frame City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Re.' BellSouth Mobility Temporary Cell Site Temporary Communication Facility Agreement Dear Nh'. Frame: Please accept this letter as BellSouth Mobility's written Agreement to place a temporary cellular communication facility at the Police Department. This site will require a piece of property that is approximately 20 feet by 46 feet for placement of the temporary facility; however, we will provide a temporary fence around the exterior of the facility. This facility will require 24 hour access seven days a week including weekends and holidays for our field personnel and maintenance purposes. The facility will consist of an equipment sheller that sits on a trailer which is equipped with a crank up tower and generator. This shelter will be provided by BellSouth Mobility and will require electrical service; the electric can be separately metered if the capacity is available or, we can install a check meter to monitor our use. If electric service is not available, we will use the generator system that is part of the "cell on wheels'-': With either scenario, BellSouth Mobility will be responsible for our power consumption and all expenses in connection to our facility. It is anticipated that this temporary facility will be located on your property for a period of eight months which would be until March 31, 1997. BellSouth Mobility, Inc will indemnify and hold you harmless from and against any and all claims, mits, actions, damages, causes of actions, costs and expenses which you may be subject to as a result arising out of or in any way connected with the use of your property by BellSouth Mobility, [nc for this temporary facility. BellSouth Mobility is proposing to pay a rental amount of $400.00 per month plus applicable sales tax for the duration of our occupancy for tiffs temporary facility.. You will be receiving the payments by the first of each month once a building permit is issued or, A BELL SOUTH Company when we receive the approval fi.om the City of Sebastian to place the facility at the Police Department. If the above meets with your approval, please indicate your concurrence by signing below and returning one original to my attention at the above address. If you should have any questions or comments, you may contact me at (407)995-3580. Sincerely, Jo-Ellen Cox BellSouth Mobility, Inc Project Manager ~ Real Estate and Construction :jc Acknowledgment of Approval Property Owner ~ Dater February 7, 1997 BellSouth Mobility 5201 Congress Avenue Boca Raton, FL 33487 Mr. Thomas Frame City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: BellSouth Mobility Temporary. Communication Facility Extension of Temporary Agreement Dear Mr. Frame: Please allow this Temporary Communication Facility Agreement to replace the ori~nn~ Agreement dated luly 30, 1996. This Agreement will extend the original Agreement for BellSouth's temporary communication facility, which is located at the Sebastian Police Department, for an additional 12 months. ~t. se ,Agreement currently in place expires on March 31, 1997. BellSouth Mobility would like to extend Agreement from April 1, 1997 through March 31, 1998 or, until we locate a permanent facility, whichever comes first. BellSouth Mobility, Inc will continue to indemnify and hold you harmless from and against any and ail claims, mits, actions, damage, causes of actions, costs and expenses which you may be subject to as a result arising out of or in any way connected with the use of your pmporty by BellSouth Mobility, [nc for th/s t~mporary facility. BellSouth Mobility is currently paying $400.00 a month plus applicable sales tax This amount will be increased from $400,00 to $700.00, plus applicable sales tax, on April 1, 1997, for the duration of our occupancy of this temporary facility. The City of Sebastian will continue to receive these payments by the first of each month. if this meets with the approval, please indicate your concurrence by signing below and returning one original to my atmntion at the abeve address, ffyou should have any questions or comments, you may contact me at (561)4774100. Sincerely, ~-~ Jo-Ellen Cox BellSouth Mobility, Inc. Project Manager - Real Esstate and Construction Acknowledgment of Approval By: Property Owner Date A BELLSOUTH Company City of Sebastian, Subject: Award of Bid for Improvements to Schumann Park to the Nidy Company to build (4) four Tennis Courts, a Parking Lot and Drainage Facilities Approved for Submittal by: City Manager Florida Agenda N0. Department Origin: City Manager Date Submitted: February 20, 1997 For Agenda of February 26, 1997 Exhibits: ~ Proposed Contract with the Nidy Company (~ Bid & Cost Summary ~ Copy of Capital Improvement Budget (Page DST-2) · Bid Review Committee Memo (1/28/97) ~) Note: Bid Documents 8: Bid Data on File in City Clerk's Office EXPENDITURE [ AMOUNT BUDGETED: REQUIRED: $154,732.37 [ $162,000 APPROPRIATION REQUIRED: Realignment of Capital Projects ($22,000) SUMMARY On September 29, 1997, the City entered into an Agreement with the State of Florida for a recreational grant in the amount of $100,000. The City was required to match these funds with $40,000. It was intended to build 2 tennis courts and 2 handball courts. In discussing this matter with the Friendly Tennis Group of Sebastian, they indicated their desire to construct 4 tennis courts. Due to current demand and anticipated growth, this increase in tennis courts was deemed justified. In addition to the construction of tennis courts, a new parking lot is proposed which would allow the City to phase out the current parking which lies mostly within the right-of-way of Schumann Drive. The impervious surfaces of the parking lot and the tennis courts require appropriate stomwater management facilities which must be constructed as part of this project. The right-of-way swale previously used as a parking area must be restored and returned to their functional use. The anticipated costs did not support the construction of two additional hardball courts nor did their apparent current use demand more. Of a total of three (3) bidders, the Nidy Company was lowest responsive bid. Nidy's base bid was $173,901.57 and with bid alternates 1 and 2, the cost is $157,671.47. With additional savings by City as explained below, Contractor's net cost to City is $152,222.91. The City would propose to undertake the responsibility for all signage, marking and striping of the parking lot, and geotechnical laboratory testing. This would reduce the costs proposed by the contractor by $5,448.56. The cost for the City to assume these responsibilities would be $1,852.65. Additionally, swale work along the north side of Schumann Drive from the easterly boundary to Kildare Drive would be proposed to be undertaken by the City. The estimated value of that improvement would be $656.81. The total project cost of this proposal is $154,732.37. $152,222.91 $ 382.00 $ 550.65 $ 920.00 $ 656.81 Contractor's Bid with changes City's Cost for Signage (Bid Item #32) City's Cost City's Cost for Geotechnical Testing City's Cost for Swale Work Total Project Costs Currently the total Capital Budget for Schumann Park is $162,000 and was allocated as: $100,000 $ 40,000 $ 22,000 from State grant from discretionary sales tax revenue from discretionary sales tax The $100,000 and $40,000 were to be used for the improvements for tennis courts at Schumann Park. $22,000 was budgeted for new lights to the existing tennis courts. This would provide a total availability of $162,000 which may be used for development of Schumann Park. Since the existing courts are presently illuminated, the $22,000 allocated for new lighting could be used for the tennis court project. Such allocations allow the project to move forward without having to sacrifice other projects. The alternate bid for those costs were in excess of $35,000 and would exceed funding capability. The cost of the City work where identified within the total project costs, is proposed to be capitalized within the total project costs and expended from discretionary sales tax as opposed to ad valorem taxes. The State of Florida has verbally approved this project as described and written authorization is expected immediately to proceed. RECOMMENDATION Approve the utilization of the $22,000 originally budgeted for Tennis Court Lights (26-97-DST002) along with the $140,000 for Tennis Courts/Schumann Park (26-92-DST001) for a total of $162,000. Award bid and authorize the City Manager to execute a contract with the Nidy Company in the amount not to exceed $152,222.91. AGREEMENT FOR THE CONSTRUCTION OF THE SCHU~;N DRIVE TENNIS COURTS AND ASSOCIATED IMPROVEMENTS THIS AGREEMENT, made this day of , 1996 by and between the City of SebaStian, a Municipal Corporation organized and existing under the laws of the State of Florida (hereinafter called the "City"), and , or its successors, executors, administrators, and assigns (hereinafter called "Contractor"): WI TNE SSE TH: The City and Contractor for good and valuable consideration as hereinafter set forth, do mutually agree as follows: 1. ~cope of Work. Contractor agrees to furnish all materials, labor, supervision, and services necessary to complete the Work as described in the contract documents (the "Contract Documents") and agrees to complete the Work in a workmanlike manner in accordance with all applicable codes and in full compliance with the Contract Documents. 2. Contract DOcuments,.. (a) The Contract Documents consist of this Agreement, Notice of Invitation to Bid, Bid Bond, Scope of Work, Instructions for Bidders, Special Terms and Conditions, Bid Form, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, all drawings, technical specifications, addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and modifications issued after execution of this Agreement. The Addenda, if any, are as follows: The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by Contractor. The Contract Documents are complimentary, and what is required by one shall be binding as if required by all; performance by Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as'being necessary to produce the intended results. (b) The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the City and a Subcontractor or a Sub-subcontractor, or, (2) between any persons or entities other than the City and Contractor. (c) The term "Work" means the construction and services required by the Contract Documents, whether completed or partially. Schumann Drive Tennis Courts Page t cf 13 completed, and includes all labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor,s obligations hereunder. The Work may constitute the whole or a part of the project. 3. CQntrac~ Sum and P~vment to. Contractor. (a) Contract Sum. The City shall pay to Contractor for Contractor's performance hereunder, the amount(s) specified in the Contract Documents (the "Contract Sum"). (b) Progress Pavments~ The City shall make progress payments on account of the Contract Sum to Contractor as provided below and elsewhere in the Contract Documents. (i) Starting from the date the City receives an invoice for payment, the City shall make payment to the Contractor in no later than 30 days. (ii) Final payment to Contractor is contingent upon acceptance of the Work by the City. 4. Contractor ~, ObligatiQn~, (a) Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Agreement, unless the Contract Documents give other specific instructions concerning these matters. (b) Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Schumann Drive Tennis Courts Page 2 of 13 (C) Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes and shall secure and pay for all permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. (d) Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. (e) Contractor currently holds and shall maintain at all times during the term of this Agreement all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. (f) Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with Contractor. 5. WarrantvL Contractor warrants to the City that all materials and labor furnished under this Agreement shall be free from any and all defects for a period of one (1) year from the date of completion of the Work, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. i I I I I I I I 6. Correction of ~o. rk. (a) Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of'completion of the Work or by the terms of an applicable special warranty recuired by the Contract Documents. The provisions of this Paragraph 6 apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. (b) Nothing contained in this Paragraph 6 shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 6(a) above relates only to the specific obligation of Contractor to correct the Work, and has no relation- Schumann Drive Tennis Courts Pace 3 of 13 ship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations other than specifically to correct the Work. 7. Subcontracts. (a) A Subcontractor is a person or entity who has a direct contract with Contractor to perform a portion of the Work. (b) A Supplier is a person or'entity who has a direct contract with Contractor to provide materials and/or supplies required to perform a portion of the Work. (c) Unless otherwise stated in the Contract Documents or the bidding requirements, Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the City the names of the Subcontractors and Suppliers for each of the principal portions of the Work. Contractor shall not contract with any Subcontractor or Supplier to whom the City has made reasonable and timely objection. Contracts between Contractor and its Subcontractors and Suppliers shall require each Subcontractor and Supplier, to the extent of the Work to be performed by the Subcontractor and the material and/or supplies to be provided by the Supplier, to be bound to Contractor by the terms of the Contract Documents, and to assume toward Contractor all the obligations and responsibilities which Contractor, by the Contract Documents, assumes toward the City. 8. ~ The term of this Agreement shall be the number of consecutive calendar days accepted and approved by the City based upon the number of days the Contractor has designated on the Bid' Form to complete the project. 9. Tgrmination. (a) F r~. If Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform a provision of this Agreement, the City may, after ten (10) days written notice to Contractor and without prejudice to any other remedy the City may have, terminate this Agreement. - (b) Without Cause. The City retains the right to cancel this Agreement at any time, with or without good cause, upon ~~. written notice to Contractor when such termination is deemed by the City Council, or their designee, to be in the public interest. Schumann Drive Tennis Courts Pace 4 of 13 I I I I I I I i I I I i I i i I i I I (c) Pa~e~.~ U~o.n Termination. In the event of termination as provided herein, Contractor shall be paid for services performed through the date of termination, less damages incurred by the City as a result of Contractor's failure to carry out the Work in accordance with the Contract Documents and Contractor's failure to perform any provision of this Agreement. 10. ~ To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the City and the City's agents, servants and employees, from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Work, except for injuries, damages or claims which are the result of the sole negligence of the City, its agents, servants, or employees. Contractor hereby acknowledges that the obligations imposed upon the City and the terms of this Agreement are the specific consideration for the indemnification provided herein. 11. ~ Contractor shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. Contractor shall also provide the City with evidence of this insurance prior to commencement of the Work in the form of Certificates of Insurance which shall be subject to the City's approval for adequacy. (a) Wolkers' Compensation. Contractor shall purchase from and maintain in any company or companies lawfully authorized to do business in Florida, workers' compensation insurance as required by law. (b) Commercial ~eneral .LiabilLty. Contractor shall provide and maintain during the life of this Agreement, at Contractor's own expense, Commercial General Liability insurance with a combined single limit of at least $300,000. (c) Commercial Auto Liability. Contractor shall provide and maintain during the life of this Agreement, at Contractor's own expense, Commercial Auto Liability insurance with a combined single limit of $300,000. 12. Perform~nce and p~yment,,,.Bond. "Section 255.05 of the Florida Statutes requires that any bidder who obtains a contract from a City to perform a public works project must post a performance and payment bond unless the City waives such bond. In the event the City waives the bonding requirements, the following will apply: certificate to the City that verifies workers' insurance, as required by Florida law and The successful bidder must present an insurance compensation Schumann Drive Tennis Courts Page 5 of 13 (b) A general liability policy with the combined single limit of at least $300,000 and (c) A 10% retainer fee will be withheld until the contractor presents an affidavit to the City that it has paid all subcontractors, laborers and materialmen for the work which has been performed and evidence from each subcontractor, laborer and materialmen of such payment. 13. ~ Contractor shall not assign this Agreement to any other persons or firm without first obtaining the City's written approval. 14. ~ Ail notices, requests, consents, and other communication required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: IF TO THE CITY: WITH A COPY TO: iF TO CONTRACTOR: City of Sebastian Attn: Thomas W. Frame, City Manager 1225 Main Street Sebastian, Florida 32958 Valerie Fernandez Settles, City Attorney 4125 Pinta Court Co~al Gables, F1 33146 15. T~ Time limits stated in the Contract Documents are of the essence of this Agreement. By executing this Agreement, Contractor confirms that the contract time is a reasonable period for performing the Work. 16. Conflict Qf Interest. (a) Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided by law. Contractor further represents that no person havinq any such interest shall be employed in performance of the Work. ' (b) Contractor shall promptly notify the City in writing certified mail of all potential conflicts of interest prohibited Schumann Drive Tennis Courts Page 6 of 13 I I I I I i I I i i i I I I I I I i by existing state law involving any prospective business association, interest or other circumstance which may influence or appear to influence Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that Contractor may undertake and request the opinion of the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by Contractor. The City agrees to notify Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by Contractor. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by Contractor, the City shall so state in the notification and Contractor shall, at its option, enter into said association, interest or circumstance and it shall be deemed to be not a conflict of interest with respect to services provided to the City by Contractor under the terms of this Agreement. 17. Compliance ~ith ,All Applicsbl~Federal Laws. Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC ~7506(c)), The Endangered Species Act (16 USC 91531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Sectien 1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC ~276), the Occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336). I I i 18. Liquidat~d DamaGes. In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may elect to receive as liquidated damages the amount(s) specified in the Contract Doc~aments. It is expressly acknowledged by Contractor that said payment shall not be interpreted ncr construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the Contract Documents. I I Schumann Drive Tennis Courts Pace 7 of 13 19. Bid, Performance, and Pavmen~..Bonds, Bid, Performance, and Payment Bonds are required for this contract in accordance with Section 17 and 22 of the Instructions for Bidders. 20. Dru~-Fr~ WQrkDlace, Contractor, in accordance with Florida Statute 287.087, hereby certifies that Contractor does: (a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (b) Inform employees about the dangers of drug abuse in the workplace, the. business's 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. (c) Give each employee engaged in providing the commodities or contractual services that are required hereunder a copy of the statement specified in Subparagraph (a). (d) In the statement specified in Subparagraph (a), notify the employees that, as a condition of working on the commodities or contractual services that are required hereunder, 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 substance law of the United States or any state, for a violation occurring in the workplace no laLer than five (5) days after such conviction. (e) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's colm~unity, by any employee who is so convicted. (f) Make a good faith effort to continue to maintain a drug-free workplace through implementation of Subparagraphs (a) thru (e). A FULLY EXECUTED DRUG FREE WORKPLACE FORM (APPENDIX B3) SHALL BE ATTACHED TO AND MADE AN INTEGRAL PART OF THIS AGREEMENT. 21. .Public Enti.jty Crimes. !arrants: (a) Contractor hereby acknowledges, Schumann Drive Tennis Courts Page 8 of 13 represents and I I i I I I I I i I I I I I I I I i (i) That a "public entity crime" as defined in Paragraph 287.133(1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. (ii) That "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. (iii) That an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means: 1. A predecessor or convicted of a public entity crime; or successor of a person 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. (iv) That a "person" as defined in Paragraph 287.133(!) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids er applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Schumann Drive Tennis Courts Face 9 of '!3 (b) Based on information and belief, the statement which Contractor has marked below is true in relation to Contractor submitting this sworn statement. [indicate which statement applies.] Neither Contractor, nor any of its officers, directors,-executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, nor any affiliate of Contractor has been charged with and convicted of a public entity crime subsequent to July 1, 1989. Contractor, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, or an affiliate of Contractor has been charged with and convicted of a public entity crime subsequent to July 1, 1989. Contractor, or one or more of its officers, ~irectors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, or an affiliate of Contractor has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place Contractor on the convicted vendor list. [attach a copy of the final order]. (C) CONTRACTOR UNDERSTANDS THAT THE ACKNOWLEDG~iENTS, REPRESENTATIONS AND WARRANTIES MADE IN THIS PARAGRAPH 21 TO THE CITY ARE FOR THE CITY ONLY AND, THAT SUCH ACKNOWi~DGMENTS, REPRESENTATIONS AND WARRANTIES ARE VALID THROUGH DECEMBER 31 OF THE CALW~NDAR YEAR IN WHICH THIS AGREEMENT IS EXECUTED. IN THE EVENT THE TERM OF THIS AGREEMENT SHALL EXTEND BEYOND THE CALENDAR YEAR IN WHICH IT WAS EXECUTED, CONTRACTOR S~IAT.?. EXECUTE AND SUBMIT TO THE CITY A NEW SWORN STATEMENT UNDER SECTION 287. 133, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, FORM PUR. 7068, AS REVISED FROM TIME TO T/ME. CONTRACTOR ALSO UNDERSTANDS THAT CONTRACTOR IS REQUIRED TO INFORM TFiE CITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS PARAGRAPH 21. A FULLY EXECUTED SWORN STATEMENT ON PUBLIC ENTITY CRIMES (EXHIBIT BI AND B2) SHALL BE ATTACHED TO AND MADE AN INTEGRAL PART OF THIS AGREEMENT. ~ Schumann Drive Tennis Courts Page 10 of 13 I I I I i I I I I I I I I I I i I I i 22. Entire and Sole AGreement- Except as specifically stated herein, the Contract Documents constitute the entire agreement between the parties and supersede all agreements, representations, warranties, statements, promises and understandings not specifically set forth in the contract Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Contract Documents. 23. S_UC~es~ors and Assicn~. Except as otherwise provided in the Contract Documents, all covenants and agreements of the parties contained in the Contract Documents shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. 24. ~ttorne¥.'s F~es! In the event any action, proceeding, suit or claim is filed, initiated or maintained to enforce any of the provisions of the Contract Documents, the prevailing party shall, in addition to relief to which it is otherwise entitled, be entitled to recover such further amounts, to the extent lawful, as shall be sufficient to pay the cost and expenses of enforcement, including reasonable attorney's fees, both at trial and all appellate levels. 25. ~ No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. 26. Governing Law. The contract Documents shall be construed and enforced in accordance with and governed by the laws of the State of Florida, and venue for any action pursuant to the Contract Documents shall be in indian River county, ~'lorida. 27. ~. Neither the contract Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 28. W~iver. The failure of any of the parties at any time to require performance of any provision of the Contract Documents shall in no manner affect the right of such party at any later time to enforce or require the same u~!ess waived in writing. No waiver by any party of any condition or breach shall be construed or deemed to be a waiver of any other condition or any other breach cf any term, covenant or warranty contained in the Contract Documents. Schumann Drive Tennis Courts ~ Page 1! of 13 IN WITNEss W-HEREOF, the City has hereunto subscribed and Contractor has affixed his, its, or their names, or name. ATTEST: CITY: THE CITY OF SEBASTIAN, FLORIDA ~athry~. O'Hailoran CMC/AAE, City Clerk (Corporate Seal) By: Name: --Thomas W. Frame Title:_Ci~y ManaGer STATE OF FLORIDA COUNTy OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of the , 1996 by .! of the CITY OF SEBASTIAN, FLORIDA, on behalf of the CITY OF SEBASTIAN He/she is personally known to me or produced ' identification. as State of Florida Printed Name Commissi6n Numb~ Approved as to Form and Legal Sufficiency: a!erie Fernandez Settles, ~ity Attorney Schumann Drive Tennis Courts Page 12 of 13 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Signed, sealed and delivered CON in the presence of: TRACTOR: .... By: ~ Name: Name: Title: Name: STATE OF. FLORIDA . COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 1996 by ............ ' ~ behalf ~-~ ~/she is personally known to me or prOduced __. as identification. State of Florida Schumann Drive Tennis Courts Pace 13 of 13 ~ BID AND COST SUMMARY Schumann Drive Tennis Court's and Associated Improvement NiDY'S BASE BID PRICE Less Savings Using Alt. #1' Less Savings Using Alt: #2 The Nidy Company 6"Base Course for Tennis Courts in lieu of 6" stabilized subgrade & 4" base course. Replaces Items 13 & 14. 10" Base Course for Parking Lot in lieu of 6" stabilized' subgrade & 6" base course. Replaces Items 16 & 17. SUB-TOTAL Less Item #31: Pavement Markings which the City will do- savings $2,173.23 Less Item #32: Signs and Posts which the City will do - saving $1,015.28 Less Item #10: Soil and Base Course Compaction Testing which the City will contract out direct - saving $407.40 Bid Award Amount to the Nidy Company GRAND TOTAL $173,901.57 - 10,968.80 - 5,261.30 $157,671.47 2,723.88 1,397.28 - 1,327.40 $152,222.91 PROJECT COST: Add for pavement markings which the City will Do (31) Add for signs and post which the City will Do (32) Add for soil & Base Course Compaction Testing which City will contract directly (10) Add swale Improvement along Schumann Drive + 550.65 + 382.00 + 920.00 + 656.81 TOTAL PROJECT COST $154,732.37 I I%~ I I~.} I I%] I I~l:) ! i liN.] I I~.~ I I~l i I%]l i ~ I ~l~ II~,j I I I I I "1 I.~l,~l.~l.~ l~ I~ I.~ i~LI.~I_~_I I I I ~ ~l~ I I~1~ I~I~I~I~ l~ l~ I~ l~l~l~l~l~ I~ , '~ ~ I I~I~ IglUlglg l~ l~ lO lOiQlOlOlO 0 ~' -- ~ ~ I , i~l~J I g~l I I I I I ~ I~11 I 11 II '~l '~l~l~l~ ~l] ~J~ ~ ~l~ im m ~ ~ ~ ~ t ~l~ ~ :~I '~i~ ~l~Iml m I~i I~l I~l~i ~1 ~aI~ UKI~ ' 0 ~ 0 0 m z ~ I~l~l0] ~I ~C ~ ~1 ~l~ · ~ ' ~ ~ 0 I~I i~I~ I I l(l~l~l ~I ~ .1 ~ m ~ ~ / {] n i l~lOl~l~ I I I~ I~ I,. I ~l ~l ~ ~l ~ ~' ~ r ]J~:~ l~i l~l~- l~l~ I~ JO J J ~ J [ J ~: J ~ I ~TM ~~: ~,~: ~ ~ ~ C m ~ j~: : : ~:~l~J~ I l~ l~l I I ~ I ~ Zl i, ~ l,~ ~ ~ ~iZ 0 I I I I :~l" l~ I I i i I~ I~1 i f ~ I ~ I I I ~ I ~1~1 I I I r i~ i I~ / t " I I Il I- I I I I t j} I i ~ I I I I I I I I I I i .... I IIII [ I I IIIII I il Illl I I I Iiiii I II IIIi I I I IIiii I II IIII I I i Iiiii I II IIII I I I IIIli I I~1 Illl I i I lilll I__ Ilil I I I iIIIII~ I~l IIII I I I II111 i~lou Jill I I I IIIII I-- I--I-- IIII I I J IIiii I II Illl I I I IlllJ I II Illl I i I Illlt ii IIII I I I Illll I II iiii I I I IIIII I II Illl I I I IIIII I II I I I~1 I I I I I I~1 I I I I i I I~l I I I i i I~1 I I I i I I~1 I I I I i I~l I I I I I I~1 I I i I I I~1 I I I I Illi I I I iiiii I IIll I I ! IIIII I II IIII I i I iiiii I il IIII I I I Illll I II I~1 I I J I I I I I~1 I I I I I~1~1 I I I I I ! I~1 t I I I ~11 i I I II ~11 I Ii 1,,111 I I I Illll I II Ilil I i I lilli I II iiii I I I Ilill I II 1111 I I I IIIII I ii IIII I I i IIIII I II IIII I I I Ilill i II IIII I I i IIIII I II IIII I I I IIIII I II Itll I I I IIIII I II lill I I I IIIII i II IIII I I I I III I IIII I I I IIIII I II IIIi I I I Illll I Il IIII I I I IIIII I II Illl I i I IIIII I II iIII I I I IIIII I II IIII I I I IIIII I il IIII I I I lilll I I 1 IIII I I I Illil I II IIII I I I Illll I II IIII I I I Ilili I II I : I '~ i ' ' I ' ' i t I l llll l~ I I lllll I Il lill l~ I I llill i It Jill I I I lllll I Il ~llll I I I lllll I Il I; i DATE: FROM: SUBJECT: Schumann Drive Tennis Court and Associated Improvements Bids I The Bid Opening for the Schumann Drive Tennis Courts was held at 2:00 P.M. on Friday, January 24, 1997. Bids were received from three (3) bidders as follows: 1) Big "D" Paving Company, Inc., West Palm Beach, FL 2) The Nidy Company, Sanford, Florida 3) Varsity Courts, Inc., Longwood, Florida Immediately following the bid opening, the Bid Review Committee consisting of George Bonacci, Building Official; Rich Votapka, Public Works Director, and Paul Wagner, Purchasing Agent/Assistant to the City Manager reviewed the bids. The Committee found mathematical errors in the extensions of the unit prices for all three bids. All unit prices remain intact. However, the adjusted total base bid stmamliom were not altered significantly on errors alone to materiany change the ranking of the apparent low bidder. The actual base bid for Items 1-36 as compared to the con-ected totals are tabulated below:. ACTUAL CO1LRECTED DIFFERENCE BETWEEN ACTUAL AND CORRECTED BASE BID 1) Big "D" Paving $156,919.06 $156,913.92 ($ 5.14) 2) NidyCompany $173,945.07 $173,901.57 ($ 43.50) 3) Varsity Courts $186,360.91 $181,860.91 ($4500.00) In examining the bid from Big "D" Paving Company, the Committee found minor mathematical errors in the extensions for Rems 2lA, 23, 29, 33, and 35 amounting to $5.14 less than the bid total. However, the Committee also found that no bid prices were provided for Items 25, 27, _ Schumann Drive Tennis Court Bids January 28, 1996 Page 2 of 5 28, 3 IA, and 36, resulting in an incomplete bid which would definitely yield a lower total bid than either The Nidy Company or Varsity' Courts if all other unit prices were the same. In addition to the five items being incomplete, the Committee found that Big "D" Paving Company failed to include a copy of its licenses with its Bid and the date on the insurance certificate it provided (September 9, 1996) showed that the insurance bad expired. Accor~g to the Centralized Procurement Ordinance No. O-96-10, Section 2.92 (C) (2), "the bid shall be considered responsive only fi.it substantially conforms to the requirements of the Invitation to Bid". In the case of the bid submitted by Big '~D" Paving, failure to include a copy of the licenses, correct proof of insurance, and the deliberate omission of five (5) bid items constitutes irresponsiveness and an incomplete bid which does not substantially conform to the requirements of the bid. It now becomes a matter of the City Council if it wishes to waive the irregularity in order to accept the bid. In reviewing the bid submitted by The Nidy Company, the Committee found 27 unit price extensions out of 36 that contained minor errors. Ail total, the minor errors mounted to only $43.50 less than the actual base bid. The Nidy Company met all other bid requirements and responded to all bid items providing for a complete bid package. Likewise Varsity Courts, Inc. had a complete bid package and responded to all bid items. There was one extension error in Item 32 which resulted in a $4500 error reducing the Bid Price fi-om $186,360.91 to $181,860.91. Once the correct Base Bid Totals had been determined for all three bidders and the mathematics were checked on the "Alternate Bid Items", the Committee applied only those alternate items (No's 1 and 2) which could be deducted fi.om the totals. Items 3A and B and 4 would increase the bid totals. The totals were all above the $140,000 budget appropriation (which includes the $100,000 grant from the Florida Department of Environmental Protection), therefore, only deductions were considered. The results in applying the deductions are tabularized below: Calculations Showing Substitution of Alternate Bid Items 1 and 2 for Base Bid Items 13 and I4 and Items 16 and 17. ~ The Nidy Company A. Item 13 $ 6,520.00 $ 9,095.40 $ 6,683.00 item 14 +~ ~ + Total = $21,055.00 $25,083.90 $24,609.50 Less Item 1 Alternate -~ ~ Savings $ 3,128.50 $10,968.80 $ 1,676.50 Schumann Drive Tennis Court Bids January 28, 1997 - Page 3 of 5 B. Item 16 $ 4,180.00 $ 5,831.10 $ 4,807.00 Item 17 ~ $11.843.7~ $14_346.7,5. Total $15,881.75 $17,674.80 $19,153.75 Less Item 2 Alt. - $15.567.75 $1.2.413.50 ~ Savings $ 313.50 $ 5,261.30 $ 1,652.75 Add Total Savings in "A" & "B" $ 3,442.00 $16,230.10 $ 3,329.25 Using the total savings above, subtract them from the corrected base bid totals to determine the Adjusted Base Bid with Alternates Item 1 and 2 as shown directly below: CORRECTED BIDDER BASE BED LESS SAVINGS FOR ADJUSTED BASE ITEMS ALT. l&2 BID W/ALTERNATES 1) Big "D" Paving 2) Nidy Company 3) Varsity Courts $156,913.92 $173,901.57 $181,860.91 -$ 3,442.00 -$16,230.10 -$ 3,329.25 $153,584.67 $157,671.47 $178,531.66 It must be remembered that although Bid "D" Paving seems to be the apparent Iow bidder even aRer applying the savings of Alternate Items 1 and 2, Big "D" Paving failed to bid on five (5) items which both Nidy and Varsity Courts bid on A comparison of the dollar mount of the five items found incomplete on the Big "D" Paving bid vs: the Varsity Courts bid and Nidy Company bid is as follows: I~;em Big "D" Paving N[dy Company Varsi~ Courts 25 0 $ 710.40 $ 614.40 27 No Bid $4541.16 $ 3400.00 28 No Bid $1304.00 $ 710.40 3lA No Bid $2386.20 $ 360.80 36 NO Bid $ 11_6.44 $ 175.00 Total 0 $9058.20 $ 5260.60 Schumann Drive Tennis Court Bids January 28, 1996 Page 4 of 5 By substituting the $5260.60 total for Varsity Tennis for the five incomplete bid items not bid by Big "D" Paving to Big "D" Paving's total $153,584.67 adjusted bid (including the alternates) theoretically, Big "D" Paving's bid would have been $158,845.27 if the bid included the five items above. This figure is $1173.80 higher than the Nidy Company's adjusted bid with Alternates 1 and 2 of $157,671.47. The Bid Review Committee recommends that the contract to construct the new tennis courts be awarded to The Nidy Company based on its corrected total base bid and inclusion of Alternate Items 1 and 2 for a total of $157,671.47. The Bid Review Committee also reviewed Alternate Bid Item 5 "Installation of New Tennis Court Lights on Existing Courts" as a separate and independent item, since monies to pay for this item come from a separate Capital Improvement Funding Source (Project 26~97-DST002 Replacement of Lighting at Schumann Drive Tennis Courts) - Project Budget $22,500. Supplemental funds can be transferred fi.om the Parks and Recreation General Operating Budget by borrowing from the $12,500 appropriated for Easy Street Playground Equipment under 001-26-572-640 for a total of $34,500. In examining Big "D" Paving's bid, the Committee found that hems 5, 6, and 7 under Alternate No. 5 were incomplete for the Installation of New Tennis Court Lights on the existing courts. The Nidy Company had a complete bid for $34,412.60 and Varsity Courts, Inc. had a complete bid for $30,023, which constitutes a $4389.60 difference. Being that The Nidy Company is recommended by the Committee to be awarded the Contract to construct the four new tennis courts, parking lot, and the bases and conduit runs for the future lighting system, the Committee also recommends that The Nidy Company be awarded Alternate Item 5 as an addition to its overall contract so that there is only one general contractor managing the project during construction rather than both Varsity Courts and The Nidy Company performing construction at the same t/me. The total, therefore, with the earlier recommendation that The Nidy Company be awarded a contract for $157,671.47 for the base bid, should also include an additional $34,412.60 for a total of $192,084.07. Being that there was only $140,000 budgeted for the new tennis courts and the lowest adjusted bid fi.om The Nidy Company is $157,671.47 or $17, 671.47 higher (13%) than budget, the Committee recommends that certain items be deleted fi.om the contract and paid for or performed by the City as follows: Item 10 Soil and Base Course Compaction Control Nidy's Bid Price = $1327.40 42ity's Cost By Paying the Soil Lab Directly ~ Savings $ 407.40 Schumann Drive Tennis Court Bids January 28, 1996 Page 5 of 5 Item 31 Pavement Markings - Nidy's Bid Prices as follows: A) Striping 820 LF $2386.20 B) Handicap Symbols 2 EA $ 174.66 C) 24" Stop Bar LS $ 46.58 D) Directional Arrows 4 EA $ 116.44 $2723.88 Item 32 A) Stop Sign 2 EA $ 349.32 B) Parking Signs 2 EA $ 349.32 C) Do Not Enter Signs 2 EA $ 349.32 D) Handicap Parking 2 EA $ 349.32 $1397.28 Installation of Signs & Sign Posts - Nidy's Bid Prices as follows: The City Sign Shop personnel can apply all the pavement markings and install the signs to be funded out of the Roads and Drainage Road Supplies Account No. 001-23-541-538. Total reduction of Nidy Company's contract would be $1327.40 for Item 10, $2723.88 for Item 31, and $1397.28 for Item 32 equalling $5448.56. Therefore, the total adjusted bid award to The Nidy Company for just the Base Bid for the 4 new courts would be $157,671.47 - $5448.56 = $152,222.91. Adding in Alternate No. 5 for Installing New Lights for the Existing Courts at an amount of $34,412.60 would raise the Nidy Company's total contract price to $186,635.51. Therefore, in view of the above, the Bid Review Committee recommends awarding a total contract to The Nidy Company of Sanford, Florida in the amount of $186,635.51 to include the corrected base bid total with Alternate Items No. 1 and 2, the addition of Alternate No. 5 in the mount of $34,412.60, and the deletion of items 10, 31, and 32 for a total contract time of 100 days (90 days for the base bid and 10 days for Alternate No. 5). bids City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589~5330 o FAX (561) 589-5570 Date: To: From: Subject: MEMORANDUM February 20, 1997 Thomas W. Frame, City Manager Terry Hill, Acting Public Works Directo ,r~/~ Schumann Drive Swale - Adjacent to Tennis Court The cost estimate for reconstruction of the swale adjacent to the Schumann Drive Tennis Courts. swale /sg Backhoe Unit #12 Dump Truck Unit #9 1 Maintenance Worker m 1 Maintenance Worker II 1 Maintenance Worker I 8hrs. ~2.31 per hr. 8 hrs ~ 1.51 per hr. 8 hrs. ~ 14.34 per hr. 8 hrs. ~ 12.79 per hr. 8 hrs. ~11.32 per hr. One load of general fill ~ 2.68 per cubic yards Sod - 1710 sq. Ft. At. 155 sq. Ft. = $18.48 = $ 12.08 = $114.72 -- $102.32 = $ 90.56 = $ 53.60 = $ 265.05 $656.81 City of Sebastian, Florida Subject: Proposed agreement between the City of Sebastian and the Sebastian Panthers, Inc. Approved for Submittal by: City Manager Department Origin- Ci~7 Manager .Date Submitted - February 21, 1997 For Agenda of February 26, 199? EXHIBITS: 1. Proposed Agreement _2. Page DST-2 Capital Improvement Budget EXPENDITURE REQUIRED: [ AMOUNT BUDGETED: $45,000 [ $45,000 IAPPROPRIATION REQUIRED: None SUMM'ARY STATEMENT Within the current Five Year Capital Budget, $45,000 were set aside for restroom improvements at the Barber Street Sports Complex. It was the intent of the City to build a restroom facility, however the Panthers offered to undertake the construction of combination restroom, concession stand and score booth. The agreement provides for the City to fund the project and for the Panthers to provide labor materials and construction management. The end result is that the City and Panthers end up with a better facility than could have been provided if undertaken by the City. The attached agreement may be slightly modified for your consideration on Wednesday, February 26, when the attorney brings the final agreement. Any changes or modifications will be appropriately identified. Approve the proposed agreement. RECOMMENDED ACTION ~HIS A~4~ made this day of , 1996, by and between the City of Sebastian, a municipal corporation of the Sta~e of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and Sebastian Panthers, Inc., a Florida non for profit corporation authorized to do business in the State of Florida, ("Panthers") W~K~, the City has budgeted forty-five ~housand dollars ($45,000) for the construction of a concession/restroOm facility at a city owned park located at Sebastian, Florida, (~Project"); and W~AS, the Panthers have agreed to assist the City by providing volunteer labor and donated material and other services in connection with the construction 'of the Project illustrated in Exhibit UA# which is attached hereto and incorporated herein by this reference; and W~F.%~, the City and the Panthers desire to reduce to writing their understanding and agreements concerning such services. iT IS, THeReFORE, AGI~EED as follows: 1. ~ The above recitals are incorporated herein as if set forth in their entirety. 2. ~ The Panthers agree assist the City in the construction of the Project by acting as project manager and by securing and coordinasing volunteer labor and donated materials and other services in connection wiuh the construction of the Project. ': I I I I I I I I I I I i I I I I I I 3. p~oje~Bu~lq_mt ~nd Smhe~u!eL The Panthers will provide the City with design documents for 5he Project (~Design Documents"). Once the Design Documents have been approved by the City Manager, the PanThers and the City, based on information to be provided therein, shall d~velop an estimate of the cost to construct the froject ("Project Budget") and a schedule fo: completion of the same (~Project Schedule"). The Project Budget shall take into account volunteer labor and donations secu:ed by the Panthers, and shall provide a mechanism for requests for periodic payments by the City. 4. Cons~-'uetion of the ~:o~ecC. The Panthers will provide management, control, scheduling and coordination of the overall construction activities for ~he Project, including control of construction progress to insure completion of the Project, in accordance with the Project Schedule. The Panthers will provide supervision and organization of all construction support activities at the Project site. The Panthers will p:ovide surveiilanc~ of the work to insure compliance with the plans and specifications. 4. Disbursements. The Panthers will provide for the proper disbursements in accordance with the City's procedures and practices, using forms provided by the City and following systems required by the City. The Panthers will maintain records of costs, payments and anticipated total cost of the construction of the Project. The Panthers shall submit monthly statements to the City. 2 5. Hold ~*~less. The Panthers shall hold harmless the City, its agents, and employees, from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description resulting from or growing out of the construction of the Project. The Panthers shall secure an executed release form, to be provided by the City, from each person providing volunteer labor under this Agreement. The Panthers shall indemnify and save harmless from all claims, demands, causes of action, or suits of whatever nature arising out of the labor and materials furnished by the Panthers and its sub-contractors under this contract, and from all !abor~rs', materialmen's and mechanics' liens upon the work or upon the property upon which the Pruject is located arising out of the labor and materials furnished by Panthers and its sub-contractors under this contract, and shall keep the Project and said property free and clear of all liens, claims, and encumbrances arising from the performance of this contract by the Panthers and its sub-contractors contract. The Panthers shall require all sub-contractors to deliver to the City, if and when required, a complete release of all liens arising out of this contract or receipts in full in lieu thereof and if and when required an affidavit that to the best of his knowledge, information and belief ~he releases and/or receipts include all of the labor and materials for which a lien could be filed. I' I I i i I I I I I I I I I i I I I 6. ~v~rnin~a~. This Agreement shall be governed by the laws of the State of Florida. IN W~TN~$$ W~I~OF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: Kathryn'M O'Halloran CMC/AAE, City Clerk By: Name: Title: Signed, sealed and delivered in the presence of: By: Name: Name:~ Title: Name: I I I I I I IC~I i I I I I I I~1 I I I I ! I I I I i I I I I I I I I I I I I I I I I I I I I I~,1 I I I I I I I C~ i..~I I I I i I,_~1I i I IC~)II C)l I j f i I f I I I I I I I I I I I f I I i I I I I I I i I I I I f I I I I I I I I I I I I I I I I ! I I I I i I I I ,I I I I I I I I I I I I I I I I I I I I I I I I~,~ i I I rc~ I I I I~ f I I I I I I I I I I I ! I I I i I I I I I I I t I I I I I I I i I' I I I I I i I I I I I I i I I I I c~tian, Florida Subject: First Reading of Proposed Ordinance No. 0-97-44, Authorizing the City Manager to Restrict Parking on the R/W of Sebastian Municipal Airport Property (Airport Drive West) Approved for Submittal by: City Manager Exhibits: (I) Proposed 0'rdlnanee No. 0-97-44 EXPENDITURE REQUIRED: ~ _None Agenda No. q~. 0t~ Department Origin: City Manager Date Submitted ' February 20, 1997 For Agenda of February 26, 1997 AMOUNT BUDGETED:---~ APPROPRIATION None i_REQUIRED: None Since the final completion of Airport Drive West, depending on events occurring at the Airport, a significant amount of parking has occurred on both the grassed shoulders and on the paved surface. This creates two problems. First, by parking on the shoulders, there is an increased probability that damage to the grass stabilization and drainage swales. Second, uncontrolled movement onto and off the pavement surface may also damage the edges of pavement. Parking upon the pavement may create an unsafe situation which could block traffic and present a safety issue. The proposed Ordinance grants authority to post the rights-of-way within the Airport property and provides penalties from fines to towing to be enforced generally by the Sebastian Police [1ECOMMENDATION Accept the first reading of Ordinance 0-97-44 and set second reading for Wednesday, March 26, 1997. ORDINANCE NO. 0-97-44 I AN ORDINANCE OF THE CITY COUNCIL OF THE _s_ . _aSTiAN, Im iAN RIVER COU my F- ..... CITY OF ~'r~ CODE OF O~I~CES ~IT'-- --Y~ T~E CITY O~ DESlONATE "NO P~KINO" ZO .... ~ THE AUThOrITY TO ~&~TED NO P~iNO ~0~ ........ ua~UL TO P~K WHEREAS, the City Council of the City of Sebastian has expressed concern that a number of vehicles have been parking on the street right of ways in the City,s municipal airport, causing traffic problems and unsafe conditions on City property; and WHEREAS, the City Council desires to establish "no parking,, zones within the Sebastian Municipal Airport, in furtherance of the public health, safety and welfare. i NOW, THEREFORE, BE IT ORDAINED BY the City Council of the i City of Sebastian, Florida, as follows: I Section &: A new Section 98-37 of the Code relating to "Stopping, Standing and Parking,, is hereby created as follows: I Sec. 98-37. Parking at Sebastian Municipal Airport. (A). The City Manager ,~hall hgve,,the authority to I leav~ any motor vehicle in a designated "no Parking,, subject to removal by the City, at the owner,s infraction, subject to a maximum civil penalty of I I I I I I I I I I I I I I I I i I i I I Section 3: If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. Section 4: This ordinance shall prevail over all other Ordinances which are in conflict with this ordinance. If any clause, section or other part or application of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. section 5: This ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the city Council. The foregoing ordinance was moved for adoption by Council The motion was seconded by council member and, upon being put into a vote, the member vote was as follows: Mayor Louise R. cartwright vice-Mayor walter Barnes Council member Norma J. Damp council member Raymond Halloran council member Richard J- Taracka The Mayor thereupon declared this adopted this ---_ day of Ordinance duly passed and , 1996. CITY OF SEBASTIAN, FLORIDA By: ATTEST: (Seal) Approved as to Form and Content: City Attorney I I I I I I I I i I I I I I I I I Cit~ of Sebastian 1225 MAIN STREET r'~ SEBASTIAN, FLORIDA 32958 TELEPHONE (561] 589-8203 g FAX J561/ 589-5570 MEMORANDUM DATE: TO: FROM: SUBjECT: February 25, 1997 The Honorable City Council Thomas W. Frame, City Manager -~~,d bo~' ~ Site Plan Extension for Mr. Tom Collins The attached agenda transmittal is for the above referenced site plan extension requested for Mr. Tom Collins for a motel and miniature golf facility. I had planned to schedule this matter before the City council for the March 5, 1997 meeting. Unfortunately, I was not aware that Mr. Collins had anticipated that the request would be on. the February 26, 1997 meeting, and he had made plans to be out of town for the meeting on March 5. in light of this situation, I would request the City council to consider placing this item on the agenda of February 26, 1997 as an addition to the agenda. I apologize to the council for this inconvenience. It was merely my attempt to prevent the agenda from becoming inflated inasmuch as I expect the agenda of the 5~ to be fairly light. Note: The approval of a site plan or an extension would still require an applicant to comply with the Land Development Codes in effect at the time a building permit would be issued. City of Sebastian ~2~s ~^,N STREEt ~; SEB^ST~^~, ~t_OR~D^ 32958 TELEPHONE (4071 589-5330 E3 FAX (407)589-5570 SUBJECT: Request by Mr. Tom ) Collins for a one year extension of ) site plan for Captain Hiram's Motel ) ) Approval for Submittal By: ) ) ) ) ) City Manager~ ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: Agenda Number L Dept. Origin: Community Dev. ' (RM) Date Submitted :. ,_2119197 For agenda Of :~____2/26197 ' Exhibits: Letter from Tom Collins Location & Vicinity Maps APPROPRIATION REQUIRED: SUMMARY STATEMENT The site plan for the motel and mini golf course at Captain Hiram's was approved by the planning and Zoning Commission on April 6, 1995. The City Council approved a one year extension of the site plan on April 24, 1996. Mr. Tom Collins has requested another one year extension (letter attached). in general, the site plan conforms to the recommendations that are currently being developed by the Riverfront Committee. The land use is consistent with the proposed Riverfront Mixed Use District. The architectural style does include metal roofs and porches which are part of the "Old Florida Fishing ¥illage" theme. The orientation of the building compliments the concept of leaving visual corridors between US 1 and the Indian River. RECOMMENDED ACTION Approve the requested one year extension of the site plan to April 6, 1998. Capt. Hiram's RIVER RAW BAR &-"SEAFOOD CAFE Home Of The Waterfront Tiffany Room Banquet Facility At Sebastian Inlet Marina & Trading Company, Inc. ~997 Mayor Louise Cartwright and City Council City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mayor Cartwright and City Council Members: In April of 1994, our company received site plan approval to construct a motel and miniature golf course on the property we own that is located to the west of Capt. Hiram's Restaurant and Marina and extending to US 1. We spent a considerable amount of time and money having the project planned and approved. Our research indicates there is a strong need for reasonably priced, quality accommodations in Sebastian. Based on the progress we now see being accomplished along our riverfront, we are hopeful of getting the project underway in 1997. We are, therefore, requesting a one year extension on our site plan approval from April 6, 1997 to April 6, 1998. Please let me hear from you if you need any additional information when considering our request and kindly place this item on an upcoming agenda for consideration. Thank you for your cooperation. Sincerely, Thomas H. Collins, President Capt. Hiram's Restaurant and Marina THC/lah cc: Tom Frame, City Manager Bob Masserelli, City Planner Corporate Office: 9301 N A-I-A, Suite 4, Veto Beach, FL 32963 ° PHONE: (561) 589-8000 ° FAX: (561) 589~5100 LOCATION MAP 32958 SECTION 31, TOWNSHIP 30 SOUTH, RANGE pREPARED BY: VICINITY MAP L SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST