HomeMy WebLinkAbout07091997 SEBASTIAN CITY COUNCIL
WORKSHOP
AGENDA
WEDNESDAY, JULY 9, 1997 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a Workshop, unless approved by consensus of CiO~ Council at the beginning of the Workshop. Substantive
decisions may not be made at ~Yorkzhops (in accordance with R~97-21).
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. WORKSHOP ITEMS
97.001 A. Proposed Language Re: Board/Committee Appointment Procedures
1-6
5. ADJOURN
/INY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CiTY COUNCIL WITH RESPECT TO ANY M~iTTER CONSIDERED
~IT 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 /IND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (2860105 F.S.)
IN C03/[PI. ff./INCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS,4 SPECIAL ACCOMMOD/ITION FOR
THIS MEETING SHOULD CONTACT THE CITY'S ADd COORDINATOR ,,iT 589-5330 ~IT LF_4ST 48 HOURS IN ADVANCE OF THIS MEETING.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 388-8200 [] FAX (407) 589-5570
MEMORANDUM
DATE:
May 21, 1997
TO:
FROM:
SUBJECT:
Mayor & Members of City Council
Valerie F. Settles, City Attorney
Appointed Boards
Attached please find a draft ordinance concerning appointed boards. I have addressed some concerns
which the City Council has expressed in the past concerning the existing resolution. These are as
follows:
1. The board where the vacancy occurs "shall" interview all applicants. As you may
recall, the prior wording was "may." This led to a situation where certain applicants
were not interviewed.
2. Alternate members may be given spedal consideration when filling vacancies. The
current practice is that, in most cases, alternate members "move up," once there is
a vacancy. Other applicants, in the past, have not realized that this is the case, and
may have become disappointed. As we discussed, automatic advancement of an
alternate would eliminate the City Council's discretion, in case advancement of an
alternate was not appropriate. Allowing the City Council to give these applicants
"special consideration" puts other applicants on notice that there is, at least, a good
chance that an alternate member may be appointed.
3. Removal provisions. The removal provisions have been expanded and clarified.
The City Council may remove a member "for good cause," and is not limited to
specific circumstances.
4. Service on more that one board not permitted. Presently, the Tree Advisory Board
is the only board where a qualified individual can be a member while serving on
another city board, without violating the dual office holding prohibition of the State
Constitution. (The citizen's advisory task force is also an advisory board, but,
technically, it is a board of the Community Redevelopment Agency. A qualified
individual may serve on the task force and on another city board. Under the draft I
prepared, the task force would be considered a committee and would not be subject
to the "one board" rule.) Under the dratt i prepared, the Tree Advisory Board is
considered a board and is subject to the "one board" mle.
I have added other terms, which you may want to consider. I have requested that Tom Frame
schedule a workshop at his convenience. If you have any questions, please do not hesitate to call.
Attachment
cc: Thomas W. Frame, City Manager
Kathryn M. O'Halloran, City Clerk
Sally Maio, Deputy City Clerk
BOARDS, COMMISSIONS AND COMMITTEES
Section 2-166 Definitions. The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this section:
"Board" shall mean any board or committee of the city, which is established by
ordinance as a permanent board or committee of the city.
"Committee" shall mean any committee or commission of the city, which is
established by resolution to study a specific problem and recommend a solution or
policy alternative within a time certain. Its existence shall terminate upon the
completion of its assignment or on a date certain as provided by the resolution
creating the committee or commission.
Neither "board" nor "committee" shall be construed to include the City Council.
Section 2-167 Appointments. The City Council shall make all appointments and
reappointments to the boards and committees of the city. _~o,-
Unless waived by the City Council and the applicant, the City Council shall interview persons
requesting consideration for appointment at a public meeting. Following said interview, the City
Council shall fall the vacancy from the list of applicants. All boards and committees shall have at least
one (1) alternate member, with a maximum of two (2) alternative members.
No member of any city board or committee shall become a candidate for elective political
office during his or her term. Should any member of a city board or committee qualify as a candidate
for elective political office, such qualification stall be deemed a tender of resignation from such board
or committee. No person shall serve on more than one (1) city board simultaneously.
Section 2-168 List of volunteers. The City Clerk shall prepare and maintain a list of
volunteers comprising those persons who have indicated an intention and willingness to serve as
members of city boards and committees if appointed by the City Council for such purpose and who
have filed an application with the City Clerk. Any preference of the volunteers to serve on a
particular board or committee shall be so stated. The list shall be kept current and available to the
members of the City Council, as requested. Twice a year advertisements shall be published in a
newspaper of general circulation setting forth a list of all city boards and committeeS, special
qualifications necessary for membership and the city telephong number to call for additional ~-'
Section 2-169 Announcement of vacancies, applications for consideration. Vacancies
in the membership of a city board or committee shall be announced by the City clerk by posting a
notice of same at a public place in the City Hall and by publishing a copy thereof in a newspaper of
general circulation in the city. Persons wishing to be considered for appointment shall file an
application with the office of the City Clerk.
Section :l-170. Qualifications. The primary consideration in appointing board and committee
members shall be to provide the board or committee with the needed technical, professional, financial,
business or administrative expertise. An applicant's previous term as an alternate member of the
board or committee on which there is a vacancy may be given special consideration. Whenever a
current or former member of a board or committee is being considered for appointment or
reappointment to a board, the City Council shall consider the number and nature of the memoranda
ofcordlict previously flies by such individual pursuant to Chapter 112 Florida Statutes, relating to that
individual's previous membership on the board or committee for which the appointment is being
considered. Each of the members of each board or committee shall be residents of the city, unless
otherwise ~,.~vided~by law~ Additional qualifications may be ordained or be
otherwise applicabie oi~ a pamculai- l~oard or committee.
Section 2-171 Terms. Except as otherwise provided by ordinance or by State law, board and
committee members shah be appointed to fill specific three (3) year terms of membership, which shall
be staggered, so that no more than three (3) members of a particular board or committee shall 'be
appointed in any given calendar year.'In the event that an appointment is made to fill an unexpked
term, the member shall serve until the end of the unexpired term.
In no event shall an indMdual who has served as a member of a board or committee for the
greater of two (2) come~tive full terms or six (6) years be reappointed to serve another consecutive
term, unless there are no other qualified applicants. Service as an~e member shall not be
included in the term limitation. This provision shall not limit an appo'm!~ment to a different board or
committee.
Section 2-172 Removal. The City Council shall have the authority, by majority vote, to
remove from office any duly appointed regular or alternate member of any city board or committee
or board prior to the expiration of the term of appointment, predicated upon good cause as
determined by the City COUncil or for any of the following reasons:
(1) The violation of any provision of State law governing the conduct of elected or
appointed officials.
(2) Conviction in any court for a violation of law involving moral turpitude.
(3) Misfeasance, nonfeasance or malfeasance in the performance of official duties.
Upon the dkection of a majority of the City Council, a notice of removal shall be served upon
the member sought to be removed, which shall specify the grounds for removal. The notice of
removal shall be delivered by personal delivery or by ordinary first class mail to the member at the
address provided by the records of the City Clerk. Service shall be accomplished as soon as is
practicable after the City Council directs service of the notice of removal. The notice shall include a
statement that the member has the right to request a hearing before the City Council and that the
request for a hearing must be received by the City Clerk on or before a date to be specified in the
notice which shall be seven (7) days from the date of service if the notice is personally served, or ten
days from the date of mailing if the notice is served by mail.
Upon timely request for a hearing before the City Council, the Council shall set a date and
time for the hearing and direct the City Clerk to give the member notice of the hearing. At the
heating, the member may present evidence and argument as to why the removal should not occur.
The member may be represented by legal counsel and all proceedings shall be recorded on magnetic
tape by the City Clerk. The decision of the Council may be either to remove, suspend, reprimand or
to absolve the member. For purpose of this section, the effective date of removal of a member Shall
be immediately ~er the expiration of the time in which the member has the right to request a hearing
before the City Council. If the member timely requests a hearing, and if the City Council decides to
remove the member upon the conclusion of the heating, the removal shall take effect immediately.
Ifa member timely requests a hearing, but withdraws the request prior to the hearing, the effective
date shall be the date on which the request was withdrawn.
Section 2-173 Attendance Requirement. Notwithstanding any other provision of this Code,
any board or committee member shall be automatically removed ~ in a given fiscal year he or she is
absent from three 0) consecutive meetings without an acceptable excuse. An "acceptable excuse"
is defined as an absence for medical reasons, business reasons, personal reasons, or any other reason
which the Chair of the board or committee deems appropriate. Upon notification by the Chair of the
board or committee that a member has not complied with the attendance requirement, the City
Council shall issue an order of removal. The effective date of removal shall be the date on which the
order of removal was entered. Removal of board members pursuant to this section shall not be subject
to Section 2-172.
SEBASTIAN CiTY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JULY 9, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAINSTREET, SEBASTIAN, FLORIDA
Individuals shall address the CiO, Council with respect to agenda items immediately prior to deliberation of the
item by the City Council - limit often minutes per speaker (R-97-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Police Chaplain Frank Co~nillo
4.
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS~
items not on the written agenda may be added only upon majority vote of City Council
members (R-97-21)
6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
97.152 A. Presentation of Plaque to Kay Rogers - Indian River County Recreation Committee Alternate
97.174/
96.136
97.147
97.097
97.026
97.175
7-12
ITEMS DEFERRED FROM JUNE 25. 1997 REGULAR MEETING DUE TO LACK OF. TIME
Determine Feasibili _ty of One-Way Desitmation on Ci_ty Streets for Traffic Calming - If Council
Concurs with Policy_ - Adopt Resolution No. R-97-39 - One-Way Wave Street (City Manager
Transmittal 6/I9/97. Proposed R-97-39. Location Map. Plan Under Separate Cover. Masteller &
Moler Report)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CITY MANAGER
TO TAKE THE NECESSARY STEPS TO CONVERT WAVE STREET FROM A TWO WAY STREET TO A ONE WAY STREET;
PROVIDING FOR ~LUTION OF CONFLICTS; PROVIDING FOR SEVERABIL1TY AND PROVIDING AN EFFECTIVE DATE.
First Reading of Ordinance No. 0-97-53 - Schedule Second Readin~ and Public Heating for J-al3
·-~. August 13. 1997 (Director of Community Development Transmittal 6/19/97, O-97-5~]
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, E~TABLISI-ffNG SECTION 20A-5.47. OF
THE LAND DEVELOPMENT CODE REGARDING TH~ REGULATION OF MINI-STORAGE FACILITIES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
First Reading of Ordinance No. 0-97-54 ~ Schedule Second Reading and Public Hearing for ~
-2-3. Aumst 13.1997 (Director of CommuniW Develonment Transmittal 6/19/97. Q-97-54)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE REGARDING CONDITIONAL USES; PROVIDING THAT FOR CERTAIN SECTIONS THE COMMERCIAL OFFICE AND
RESIDENTIAL ZONINO DISTRICT (COR) SHALL BE CONSIDERED RESIDENTIAL; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
First Reading of Ordinance No. O,97-17 - Schedule Second Reading and Public Hearing for ~
-23. Aueust 13_ 1997 (Director of Communi _t3, Development Transmittal 6/19/97. 0-97-17)
AN ORDINANCE OF THE cITY OF SEBASTIAN' INDIAN RIVER COUNTY' FLORIDA, AMENDING SECTION 20A'I 0'1 OF THE I
CODE OF ORDINANCES BY CREATING A SECTION EhvrrrLED "PURPOSE"; AMENDING SITE PLAN REVIEW PROCEDURES; '
REQUIRINO A PREAPPLICATION CON}'~RENCE PRIOR TO FILING AN APPLICATION FOR SITE PLAN REVIEW; CREATING
NEW PROCEDURES FOR SITE PLAN REVIEW; PROVIDING FOR APPEALS FROM THE DECISION 'OF THE PLANNING AND
ZONING COMMISSION APPROVING A SIT~ PLAN; CREATING PROCEDURES FOR ADMINISTRATIVE APPROVAL OF SITE
PLANS ME~IING CERTAIN cRrrERIA; CREATING PROCEDURES FOR MODIFICATIONS OF PREVIOUSLY APPROVED SlTI~
PLANS; AMENDING SECTION 20A-10.2 OF ~ CODE OF ORDINANCES BY ADDING MODIFICATIONS TO SITE PLANS AND
ADMINISTRATIVELY APPROVED SITE PLANS; AMENDING SECTION 20A. 10.2L OF THE CODE OF ORDINANCES BY
ADDING "COMMUNITY DEVELOPMENT DIRECTOR"; AMENDING SECTION 20A-10.3.14 BY ADDINO "PLANNING AND
ZONING COMMISSION"; AMENDING SECTION 20A-10.4 BY CLARIFYING APPEAL PROCEDURES; AMENDING SECTION
20A-10.5 BY LIMITING THE NUMBER OF EXTENSIONS WHICH MAY BE GRANTED TO A PREVIOUSLY APPROVED SITE
PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR SEVERABILITY
AND PROVIDING AN EFFECTIVE DATE.
Review Pending List
CiTY COUNCIL MATTER~
C.
D.
E.
Mayor Waiter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
13 - 26
97.054
27 - 32
97.121
33 - 34
97.178
35 - 42
97.181
43 - 48
9.
10.
11.
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
CONSENT AGENDA
~IH 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 - 6/18/97 Workshop, 6/24/97 Workshop
Adopt Pa:solution No. R-97-37 - Falcon Cable Franchise Extension to September 12, 1997 (City Manager
transmittal 7/2/97; Proposed Resolution R-97-37)
RESOLUTION NO. R-97-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA,
GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION
FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED
BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR
THE RETROACTIVE COLLECT/ON OF ANY FRANCHISE REVENUE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Approve the additional appropriation of $4,340.44 from the Non-Departmental undistributed funds of
the City budget, specifically for the purchase of two (2) hand held 800MI-IZ radios. (City Manager
transmittal 7/1/97; Requisition)
Authorize the City Manager to execute the Letter of Agreement between the City of Sebastian and Adams
and Associate~ Developers, Inc., setting forth the appropriate street maintenance provisions as identified
(City Manager transmittal 7/1/97; Proposed Letter of Agreement; Transcript of a portion of the Special
City Council Meeting held April 16, 1997)
Recommend approval of the License Agreement authorizing the Pelican Island Garden Club a non
exclusive irrevocable license for the planning and maintenance of certain landscaping upon and across
the subject property abutting Dominican Lake (City Manager transmittal 7/2/97; Letter from Margaret
Miquelon, President Pelican Island Garden Club; Letter from City Manager to Garden Club; Proposed
License Agreement; Map of subject property)
PUBLIC HEARING
Procedures for public hearings: (R-97-21)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
° StaffPresentation
· Public Input - Limit oflO Minutes Per Spea~r
· StaffSummation
· Mayor Closes Hearing
° CouncilAction
97.146
49 - 54
97.096
55 - 62
97.071
63 - 64
97.176/
96.110
65 - 78
12.
13.
14.
15.
~nyone 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
Second Reading. Public Hearing and Final Adoption of Ordinance No. O-97-51 (Director of
Communi _ty Development Transmittal 7/iJg'Lo~97,51)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION
20A-6.1.C,25. OF THE LAND DEVELOPMENT CODE REGARDING REQUIKED SCREENING FOR DRIVE-IN
RESTAURANTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lat Reading 6/11/97, Public Hearing and Adoption 7/9/97)
Final Reading. Second Public Heating and Final Adoption of Ordinance No, 0-9%52 (Director of
Community Develonment Transmittal 7/1/97. O-97-52~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS
20A-3.7 AND 20A4.8 OF THE LAND DEVELOPMENT CODE REGARDING THE DELETION OF RESIDENTIAL
MAlqUFAC17JRED HOMES IN THE PUD-MIt DISTRICT, THE MODIFICATION OF THE DEFINITION OF
RESIDENTIAL MANUFAC~ BUILDING IN THE RMH DISTRICT, PROVIDING FOR A DEFINITION OF
RESIDENTIAL MANUFACTURED BUILDING IN PUD-MH, AND PROVIDING FOR THE USE OF A
RESIDENTIAL MANIJFACTURED BUILDING AS A PERMITTED USE IN THE PUD-MH DISTRICT;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (1 at Reading 5~28/97, I st Public Hearing Set for 6/25/97, 2nd Public
Heating and Adoption 7/9/97)
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
}Yhich is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
COMMITTEE REPORTS/RECOMMENDATIONS
Ao
Review the final plans for parking area on the CavCorp property prepared by CRA Engineering and
determine the Council's satisfaction prior to staff submitting the plans to the Planning and Zoning
Commission for Site Plan Approval and the solicitation of bids for construction (Community
Development Director transmittal 7/1/97; site plans attached)
Adopt Resolution R.97-40 - Supplemental A~eement No. 2 with CRA Engineering_
Inc._ to provide consulting services - Community Block Grant .(Communi _ty Development Director
Transmittal 7/1/9T R-97-40. Supplemental Agreement No.2. Scone of Work)
RESQLI, rrIQN NO, R-97-40
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF
OF THE CITY, SUPPLEMENTAL AGREEMENT NO. 2 BETWEEN CRA ENGINEERING, INC. AND
THE CITY OF SEBASTIAN, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
4
97.182
79 - 82
Bo
First Reading of Ordinance 0-97-55 - Schedule Second Reading and Public Hearing for July 23.
1997 (Ci _ty Man~er transmittal 7/2/97: O-97-55~
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 "DESIGNATION OF 'NO PARKING' AREAS"
PROVIDING THATTHE CITY COUNCIL MAY ESTABLISH "NO PARKING" OR "RESTRICTED
PARKING" ZONES WITHIN THE CITY OF SEBASTIAN BY RESOLUTION; PROVIDING THAT IT
IS UNLAWFUL TO PARK 1N A DESIGNATED NO PARKING ZONE; PROVIDING FOR PENALTIES;
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
97.177 C..
83 - 84
97.179 D.
85 - 96
97.180 E.
97 - 98
16.
Approve the Airport Manager position job description with the modification regarding unicom
communications (City Manager transmittal 7/1/97, Airport Manager Job Description)
Approve the propsed Lease Agreement with Primeco Personal Communications and authorize the
City Manager to execute said lease (City Manager transmittal 7/1/97; Primeco Personal
Communications Lease Agreemen0
Consider the request for a waiver of the perimeter setback for a proposed gasoline canopy.
(Community Development transmittal 7/1/97; letter from R. Mosby to B. Mnssarelli dated 6/25/97;
Site plan)
ADJOURN (AH meetings shah adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Council)
ANY PERSON VgHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL IV1TH 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. (286.0105F. S.)
IN COMPLIANCE IVITH THE AMERICANS VV1TH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOIvi3dODATiON FOR
THIS MEE77NG SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Upcoming Ci.ty Council Meetings
Special Meeting - July 16, 1997 ~ 7pm (Quasi.dudicial Hearing)
Budget Workshop -Monday, July 21, 1997 ~ 7pm
Tentative Budget Workshop - Tuesday, July 22, 1997 ~ 7pm (if needed)
Workshop - Wednesday, July 23, 1997 ~ 6pm
Regular Meeting - Wednesday, July 23, 1997 ~ 7pm
Quarterly Open Forum - IVednesday, July 30, 1997 ~ 7pm
5
97.001
97.018
97.026
97.048
97.049
97.050
97.051
97.054
PENDINGLIST
(Incomplete Council Agenda Items as of 6/20/97)
Review City Board Appointment Procedures and Direct City Attorney Accordingly - 1/8/97
Agenda - City .a, ttomey to draft ordinance for another workshop
Ordinance O-9%09 - Amending the LDC Re: Procedures Re: Regulation Of Obstructions
To Visibility - 1/15/97 workshop - further review - 3/26/97 workshop - to be reviewed
further and revised bv new PW Director
Ordinance O-97-17 - Amending the LDC Relating To Procedures For Site Plan Procedures -
1/15/97 workshop - to come back for fa'st reading - 4/9/97 agenda - deferred for Attorney
review - 6/11/97 agenda - First Reading, Set Second Reading, Public Hearing and Final
Hearing for 7/9/97 - revisions made and referred to' 6/18/97 workshop
Ordinance 0-97-39 - Amending the LDC Re: Procedures Relating To Major Subdivision
Procedures - 1/15/97 workshop - will be workshopped further - 3/26/97 workshop - carried
to 4/2/97 workshop -minor revisions - to be scheduled for first reading - 5/14/97 agenda
meeting ended - not addressed - deferred to 5/28/97 for first reading - revised and set for
public hearing on 6/25197
Ordinance O-97-40 - Amending the LDC Re: Procedures Relating To The Construction Of
Required Improvements By Providing That Construction May Begin After Approval Of The
Required Improvements Design, By Amending The Time Extension Provisions, And By
Modif3ring The Acceptance And Maintenance Of Required Improvements Provisions -
1/15/97 workshop - will be workshopped further - 3/26/97 workshop - carded to 4/2/97
workshop - minor revisions - to be scheduled for first reading -5/14/97 agenda - meeting
ended - not addressed - deferred to 5/28/97 for first reading - revised and set for public
hearing on 6/25/97
Ordinance O-97-41 - Amending the LDC Re: Procedures Relating To The Construction Of
Required Improvements By Substituting Community Development Director For City
Engineer And City Clerk - 1/15/97 workshop - to come back for fa-st reading - Ist read
4/23/97 - approved on Ist reading and ph set for 5/28/97 - revised and second reading, ph
and. final adoption deferred to 6/25/97
Discuss Park Use Policy - 1/22/97 workshop - City Attorney to draf'~ ordinance for another
workshop - 5/28/97 discussion City Manager distributed draft recently - workshop asap -
6/11/97 workshop - revisions made - City Attorney to redraft for another workshop
Resolution No. R-97-05 - Falcon Cable Franchise Extension to March 19, 1997 (see
96.151) - 1/22/97 agenda - adopted - expiration 3/19/97 - City Mmmger disthbuted draft
ordinance and guide to Telecommunications Act - Adopt Resolution No. R-97-15 - Falcon
Cable Franchise 60 Day Extension to May 17, 1997 - 3/5/97 agenda - adopted -. expires
5/17/97 - Resolution No. R-97-29 - 5/14/97 agenda - adopted - to expire July 15
I
97.060 Planning and Zoning Commission Recommendation to Request City Council to Direct City
Manager to Develop Plan of Action to Address Louisiana Avenue from Main Street to
Proposed Inters~tion with High Street and Palmetto Avenue - 1/22/97 agenda - deferred ·
until after Grace s Landing appeal heard - City Manaeer directed to add to Canital
Improvements as unfunded need - - ' 1
97.066 Approve Fiscal Year 97/98 Budget Calendar - 2/12/97 agenda - approved -
I
97.071 Cavcorp Property Parking Improvements - Conceptual Site Plan - 2/12/97 agenda - staff
conceptual plan approved with minor modifications - staffto have re-engineered by CRA -
brought back to City Council for review prior to bid - management plan to be brought back - ·
6/25/97 agenda - approve desi~ and authorize staff to bi~l
97.080 Presentation by Ralph Hahn and Associates Re: Corrections to Police Station - Proposed i
(see 96.099) - 2/26/97 agenda - Council agreed with engineer recommendation B - and
Capital Improvements Budget changed to reallocate funds in the amount of $125,000 and
correct errors - staff to bid nroiect i
97.096 Review LDC Section 20A4.8 Re: PUD(MH) Mobile Home Planned Unit Development -
3/26/97 Workshop Agenda - carried to 4/2/97 workshop - staff'to ch'aR ordinance - Review 1
Proposed Ordinance No. 0-97-52 - Residential Manufactured Homes as Permitted Use in
1
PUD-MH Zoning District - LDC Section 20A4.8. - 5/21/97 workshop agenda - 5/28/97
agenda -lst Reading - 1st nh set for 6/25197 and 2nd Dh set for 7/9/97 1
97.097 Review When COR (Commercial Office Residential) Zoning District is to be Considered
Residential Use - 3/26/97 Workshop Agenda - carded to 4/2/97 workshop - staff to draR
ordinance - 6/25/97 fa-st readine I
97.112 Parking ordinance - 4/9/97 workshop - certain revisions recommended - carded to 4/23/97
workshop - revised for further workshop - 6/18/97 - revisions made ~ to come .back for 1
Department Purchase - Computer Voice Stress Analyzer and Training for Total of I
97.
1
16
Police
$8,970 bom Drug Forfeiture Funds Account - 4/9/97 agenda - approved - i~
look into fundine additional ~'ainee
97.128 Drainage Ditch Encroachment - Unit 1, Block 12, Lot 23, Sebastian Highlands - 4/23/97 I
agenda - City Manager authorized to obtain annraisal .and neeotiate for nurchase of.lot
97.129 Waterline Special Assessment for Oyster Pointe and Oyster Bay Resort - 4/23/97 agenda - I
deferred to 5/14/97 for report from City Attorney - rep. oR given.- no further action.at thi~
time I
97.138 Request Approval to Solicit Bids for Improvements to the Barber Street Sports Complex in
Advance of the Water Management Permit - 5/14/97 agenda - staff to bid - bid award I
6/25/97 aeenda
I
,
97.140
97.141
97.142
97.143
97.144
97.145
97.146
97.147
97.152
97.158
97.166
First Reading of Ordinance No. 0-97-45 - Set Second Reading, Public Hearing and Final
Adoption for 6/11/97 - 5/14/97 agenda - meeting ended - not addressed - deferred to
5/28/97 for f~st reading - revised and set for nublic hearing on 6/25/97
Annual Review of City Attorney Contract - 5/14/97 agenda - deferred to 5/28/97. C,i~_
Mana~eer to meet with each Council member - compile suggestions and bring back to
Council when ready_
Review Proposed Ordinance No. O-97-47 - Size of Garage or Carport in MCR Zoning
District - LDC Section 20A-3.11.D.6. - 5/21/97 workshop agenda - 1st reading 5/28/97 -
Review Proposed Ordinance No. 0-97-48 - Residential Use Screening - Section 20A-
3.11.D.7.(e) - 5/21/97 workshop agenda - deferred for further review by recommendation of
Review Proposed Ordinance No. O-97-49 - Requiring Accessory Building Permits to be
Consistent with Comprehensive Plan - LDC Section 20A-5.7.D.4. - 5/21/97 workshop
agenda -5/28/97 agenda - 1st Reading - ph set for 6/25/97
Review Proposed Ordinance No. 0-97-50 - Visibility Triangles - LDC Seaction 20A-13.13
5/21/97 workshop agenda - 5/28/97 agenda - 1st reading - ~
Review Proposed Ordinance No. 0-97-51 - Screening for Drive Through Restaurants. LDC
Section 20A-6.1.e.25. 5/21/97 workshop agenda - to be revised and brought back for fn'st
reading - 6/11/97 first reading - revised - ph set for 7/9/97
Review Proposed Ordinance No. O-97-53 - Mini-Storage (96.191) - 5/21/97 workshop
agenda - to be revised and brought back for first reading - 6/25/97 first reading
Mayor Barnes - North County Representative to Indian River County Recreation
Appointment - 5/28/97 agenda - appointed Nancy Diamond - Kay Rogers to remain
alternate - Mayor Walter Barnes - Accept Resignation from Kay Rogers - Indian River
County Recreation Committee Alternate and Appoint New Alternate - 6/11/97 agenda -
accepted with regret - leave a.~nointment open for now
Acceptance of Grant of Easement from American Legion for Ingress and Egress off
Fellsmere Road in Exchange for In-Kind Services of Grading Parking Lot and Driveway
5128197 agenda - to be revised by Attorney and approved
Ivlrs. Ruth Sullivan Concern About Combined Parking Regulations - 6/11/97 agenda -
placed on 6/24/97 wish list workshop
3
1996
96.009 Rivcrfront Committee (see 95.175) Membership Appointment (Vic~ Mayor Corem) -
I/10/96 agenda - deferred to 1/17/96 workshop - John Hill gave presentation on creation of
a master plan - Council consensus for board w/5 members - 2 alternates - City Attorney to
develop rules of procedure - Council ~ve names for ratification at 1/24/96 meetin~ - district
rr east to fiver - no. to so. city limit - 1/24/96 agenda - appoint members - City Manager
submitted five names selected by Council members and received authority to select two at
large members - on 3/13/96 agenda for final direction re: appointments - Tommy Thompson
appointed at-large member - Stanley Krulikowski appointed at-large CATF member - switch
Bennett and Moore me ,m, bership affiliations - 1LESO,L, UTION NO. R-96-43 - Establish
Theme
for
Riverfront
- Old Florida Fishing Village - third revision adopted - Riverfront
Advisory Committee Progress Report 11/13/96 agenda - presented by Tom Collins - see 97
cataioeue list for further action
96.021 RESOLUTION NO. R-96-12 - Amending Airport Field Rules Section V - Parking and
License Form - RESOLUTION NO. R-96-13 - Rescind Sebastian Aero Services Parking
Agreement - 1/24/96 agenda - postponed to 2/14/96 - City Manager to notify tenants - not
on 2/14/96 - update report at 6/26/96 meeting on pending list - City Manager to address -
10/2/96 review of nendin~ list~Citv Manaeer renorted notices still need to eo out
96.033 ORDINANCE NO. 0-96-07 - Employee Career Service System - 1st Reading, Set Public
Hearing 3/13/96 - 2/14/96 agenda - tabled to 2/28/96 at request of City Attorney - deferred
at request of City Manager at 2/28 meeting for further review - 6/16/96 City Manager report
- ordinance forthcoming 8/14/96 pending list review - City Manager said the document is
done but that he wanted stall'review prior to bringing it to Council - ~
t~endin~ list - onhold untilHuman Resources Director on board
96.035 indian River County Recreation Department Agreement (see 95.217) - 2/14/96 agenda -
removed from agenda for workshop - at 2/16/96 meeting discussion of scheduling it for
3/20/96 - 2/28/96 meeting Firtion announced IRC will delete BSSC fi'om proposal -
Recreation Committee - 6/10/96 agenda - City Manager to set up workshop with IRC
Recreation and all recreation groups - same report at 6/26/96 - 8/14/96 pending list review -
City Manager said this will be addressed after budget - 10/2/96 review of pending list - item
needs to be coordinated - on 6/24/97 wish list workshop agenda
- Authorizing Mayor to Execute Cost Share Agreement with
96.
1
12
RESOLUTION
NO.
R-96-46
St. Johns River Water Management Agreement - Drainage Management Plan - 6/5/96
agenda - adopted as amended - 6/10/96 - John Hill presented final Stormwater Management
System Conceptual Master Plan - consensus to have Hill work with Clerk to schedule citizen
input workshop and then 6/27/96 workshop with Council - subsequent to meeting Citizen
workshops were scheduled for 6/25, 7/12, and 7/17 - Council workshop to be rescheduled -
Hill presented stormwater master plan at 8/8/96 workshop - consensus to have resolution
drafted to formally approve plan,staff to work on PW plan by end 0.fNowmber and
establish stormWater utility before end of year with sufficient time for review - Approve
Resoluti°n No. R-96-71- ConCePtual stormwater Master Plan Prepared by Craven
Thompson & Associates - 9/25/96 agenda - adopted - ataffto prer~are stormwater utility
4
5)
96.131
96.134
96.188
96.245
96.257
95.012
ordinance and schedule capital imorovements meetin~ (10/15/963 - Approve Proposed
Supplemental Agreements for Engineering Works for Fiscal Year 1996-97 by Craven
Thompson and Associates - 11/13/96 agenda - approved - First Reading of Ordinance No.
0-96-33 - Stormwater Utility - Set Public Heating for 12/18/96 - 11/20/96 workshop
agenda - City Manager revised recommended action - withdraw ordinance from regular
agenda - obtain authority to advertise 12/19/96 ph to adopt resolution to allow collection of
non-advalorem assessment - draft ne~t ordinance at later date as well as assessment
resolution - authority for advertisement and Mayor to execute agreement with IRC approved
by Council at 11/20/96 regular - Conduct Public Heating In Accordance with F.S. 197.3632
(3)(a) and Adopt Resolution No. R-96-90 -Electing to Use Uniform Method of Collecting
Non-Advalorem Special Assessments for Stormwater Management and Road Projects and
Services - 12/18/96 agenda - adopted - 1997 NUMBER TO BE ASSIGNED FOR
STORMWATER MATTERS 97.156
Refine Code Re: City Council Expenses - 6/10/96 agenda - Cartwright suggested all
expenses be presented for payment within 60 days or before end of fiscal year - Finance
Director is working on a travel and per diem policy - City Manager to review code - 8/14/96
Barnes requested this be 8/28/96 - establish policy like employee policy - 8/28/96 agenda -
staff directed to bfin~ back ordinance amending 2-34 and resolution establishing travel
~ - 12/18/96 review of pending list - need for documents noted
Economic Development Fund fi.om Occupational Licenses. 6/10/96 agenda Cartwright
request - l~0/2L96review of pending list - staff to research Martin Coun _ty - method used
Adopt Resolution No. R-96-63 - Conceptual Design for Walkway - East Side of Indian
River Drive o Authorize Staff to Submit to FDOT - 8/28/96 agenda - adopted as amended -
exhibit to reflect sidewalk change - stop at Floodtide - begin again north of Archie Can' and
continue to north city limit while city negotiates with those property owners - waiting for
response from FDOT
Side Yard Swale Culvert Installation - 11/13/96 agenda - Council consensus to complete
eight of the pending applications - other four will be included in stormwater master plan -
City Manager to bring back a fund reallocation analysis report within 60 days ~ discussed at
6/4/97 workshop - CM to bring backpfiori _ty list - see 97.090
Elkcam Waterway (FP&L) Crossing - Direct City Manager to Pursue Utilization of Triploid
Carp - 12/11/96 agenda - consensus to go with carp_ and bid out dredm_ong
1995
Oberbeck Matters - Special Use Permits - I/11/95 agenda - discussion - requested City
Manager to bring back proposal for upgrading permit fees - 10/4/95 workshop agenda -
staffto review and report on actual costs for applications and City Attorney to draf~
resolution imposing $1000 bond - 6/26/96 - City Manager report - he'll bring back staff
report on fee schedule - does not agree with bond - per Community Development Director
working on revision to fee schedule to bring to Council (5/29/97) - on 6/24/97 wish list
agenda
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
SEBASTIAN CITY COUNCH_,
WORKSHOP
MINUTES
WEDNESDAY, JUNE 18, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Barnes called the workshop to order at 7:00 p.m.
The Pledge of Allegiance was recited.
City Council Present:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright (excused absence)
Mr. Larry Paul
Mrs. Ruth Sullivan
Staff Present:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kafln3~ O'Halloran
Director of Community Development~
Bob Massarelli
Deputy City Clerk, Sally Maio
It was the consensus of City Council to allow public input.
City Council Workshop
June 18, 1997
Page Two
4. WORKSHOP ITEMS
97.026 A~ Prooosed Ordinance No. 0,97,17- Site Plan Procedures - Referred fi.om June 11.1997 Re~lar
Me'tine for Further Review (Director of Community DeV~lor~ment Transmitta1 6~11/97. ReVised
Ordinance to be Distributed~/16/97~ T .
The City Attorney provided a second revision at this meeting and reviewed all changes by section.
She stated that the definition of affected party will be added to the Land Development Code.
City Council concurred with the deletion of Section 20A- 10.3.14 of the original draft proposal
relative to submittal of a conceptual for review by Planning and Zoning.
Mrs. Sullivan requested that property owners associations be considered affected parties. The City
Attorney said those properly registered associations could be considered affected.
Mrs. Sullivan requested that "total site" be added before "floor area" on page 7 paragraph b, but
later withdrew her request following lengthy discussion.
,,
Mrs. Sullivan requested that All administratively approved ,m, odificafions to site plan be limited to a
one time one subject approval for an entire site development, be added in paragraphs b and c on
page 7. She requested that "or to the elevation of" in paragraph fbe deleted.
She suggested that everywhere there is a direction to give a report to Planning and Zoning, that same
report go to City Council.
TAPE I - SIDE 11'(7:48 p.m.)
Discussion continued on the maximum square footage for minor m. _odi,,fications. In response to Mrs.
Sullivan, the Direeto,,r of Community Developme,,nt suggested ,,adding, as evidenced by approved
building inspections on page 16 ~er the word construction.,
In response to Mr. Taracka, the City Attorney said projects won t be done,,piecemeal with minor
modifications due to new language suggested by Mrs. Sullivan regarding one time, one subject"
approvals in paragraphs b and c on page 7.
Following some discussion about administratively approved site plans, the City Attorney suggested
that minor modifications approved by the Director of Community Development Director go to
Planning and Zoning for confn'mation. The City Manager agreed that then this Would put those site
plans before public scrutiny. City Council concurred.
Mr. Paul expressed concern for reducing the square footage requirement to 500 square feet.
The City M~,ager said "Planning and Zoning" should be changed to "Director of Community
Development on the bottom of page 13, paragraph 2. The City Attorney said the whole section
,-
(5
City Council Work.shop
June 18, 1997
Page Three
would have to be changed due to the change requiring Planning and Zoning oversight. The Director
of Community Development asked what was the advantage of a minor modification if it has to go to
Planning and Zoning and the City Manager said it provides a good check and balance.
Mrs. Sullivan concurred with deleting "total site" from the 500 additional square foot requirement
for minor modifications at this time based on Planning and Zoning ratification.
Harry Thomas, 654 Balboa Street, Sebastian, asked why sidewalks and decking are not included in
impervious surface.
Carolyn Corem, 881 Delores Street, Sebastian, agreed with including those items in impervious
surface.
Tut Counelly, 149 Kildare Drive, Sebastian, asked for a definition of a real property owners
association and the City Attorney explained that it is one properly registered with the State of
Florida.
Howard Geiger, 1026 Schumann Drive, Sebastian, pointed indicating the City Manager rather than
the Director of Community Development should talk to press.
TAPE I - SIDE II (8:36 p.m.)
Following further discussion, it was the consensus of City Council to leave in "or to the elevation of'
on page 7.
Mayor Barnes called recess at 8:40 p.m. and reconvened the workshop at 8:55 p.m. All members
present at roll call were present.
97.112 B.
Pm0osed Parking Ordinances (Director of Community_ D.~yelopment Transmittal 6/11/97.Proposed
Carolyn Corum, 881 Dolores Street, Sebastian, objected to prohibiting parking in fight-of-way.
Tut Connelly, 149 Kildare Drive, Sebastian, distributed a map and said there are areas in the City
which are high and dry and which don't need the prohibition from right-of-way parking.
Sal Neglia. 461 Georgia Boulevard, pointed out several errors and recommendations to both
proposed ordinances.
Judy McCusker, Sebastian, objected to the prohibition stating she had three vehicles and a one
vehicle driveway.
Al Goelz, Sebastian, concurred with prohibiting parking in right-of-way to protect swales and said
larger RVs are causing problems.
City Council Workshop
June 18, 1997
Page Four
Harry Thomas, 654 Balboa Street, Sebastian, said the proposed parking ordinances were inadequate
to and that protecting drainage should be the focus.
Don Smith, 208' Poinciana Street, Sebastian, asked what the intent of the ordinances was and
expressed concern with the restrictions proposed
Russ MeConnell, Breakwater Terrace, Sebastian, said he agreed with prohibiting permanent parking
in swales only.
Ben Frasier, Joy Haven Drive, Sebastian, asked whether the Council was looking for aesthetics or
parking restriction and recommended using common sense.
H. Michael Roth, 474 Memorial Drive, Sebastian, objected to restricting parking in right-of-way.
Andy Ogle, Poinciana Street, objected to prohibiting parking in right-of-way citing parking needs of
a large family.
Mayor Barnes responded to Mr. Ogle and said other cities have the police notification system and it
works.
TAPE 1I - SIDE II (9:35 p.m.)
Mr. Ogle continued.
Howard Geiger, 1026 Schumann Drive, Sebastian, said large tracks traveling city streets are causing
problems.
Chief White said he had concerns regarding officers having to determine right-of-way size, the
complete prohibition of parking on median or shoulder suggesting accidents be treated as exceptions,
determining truck weight and the time spent doing so for a small fine, would be measured without
access to scales, and why police officers are used to enforce these provisions, questioned the city's
jurisdiction on school property, suggested stickers and citations be issued at the same time, and
asked why police officers would be used to enforce this code.
The Director of Community Development said Code Enforcement currently has no authority for
enforcement of this Chapter, that vehicles parked in driveways in the right-of-way area may have to
be exempted fi.om the prohibition. The City Manager said the current code allows parking on a side
easement but this new language would prohibit parking in any easement.
Chief White asked what the police were supposed to do if someone had a gathering and forgot to call
it in. He said if the regulation is not enforceable why are we doing it. The Director of Community
Development said Section 98-3 I(D) was inappropriate and should be deleted.
Discussion took place on track size allowed to park in residential and it was decided to look at dual
rear wheel/axle with commercial signs.
City Council Workshop
June 18, 1997
Page Five
Chief White said the police department would need authority to impound vehicles when' tickets are
not paid for some time.
Mayor Barnes suggested 'including yard sales in exceptions, Section 98-31.B.2.
The City Manager said he could contact DOT regarding scales in the area.
Mayor Barnes suggested adding "police" in 98-6Co), and recommended 98-31.C. be deleted at the
suggestion of the City Manager.
The City Manager said he did not think the City hadjtwisdiction over public school parking.
Mayor Barnes suggested putting 98-36 (c) back in to the proposed ordinance, requiting a vehicle to
be in an enclosed structure unless licensed, registered and insured.
Chief. White said 98-37 should be "in conformance with the Florida Statute that designates it".
Mayor Barnes asked if "officer" included volunteers and the Chief said if properly trained volunteers
can ticket vehicles. Mayor Barnes suggested adding "or utilized" after "employed.
Discussion of RV parking in driveways by guests took place.
TAPE III - SIDE I (10:22 p.m.)
Mayor Barnes suggested allowing guest RVs for two weeks out of every 6 months, and inquired
about enforcement of proposed 20A-5.16.1.C.(4). The majority of Council concurred with the
Mayor on RV parking.
Mr. Taracka agreed that trucks are damaging roads, and with issuing the citation at the time the
violation is noted. He stated that the call in system worked in a city where he worked and noted that
people are not asking permission for gatherings, merely informing the police. He suggested
removing "24 hours following the end of the event" since cars would leave at the end of an event.
MOTION by Sullivan/raracka
I would move to extend the meeting until 11:00 p.m.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - absent
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 4-0
City Council Workshop
June 18, 1997
Page Six
Mr. Paul expressed concern for the public's perception of the requirements of 98-31.B. regarding
exceptions to the fight-of-way parking prohibition and procedures for call-in to the Police
Department, noting that people had referred to becoming a "police state". He asked who is
responsible for swales. The City Manage said damage to swales is a cost borne by the general public
and that he thought Council could legislate that homeowners not damage swales but could not
legislate that homeowners maintain the drainage system.
Mr. Paul said he had a problem with the police regis~xation, restricting parking on school grounds,
restricting RVs and telling people how to live.
Mm. Sullivan recommended adding in Section 98-31, new paragraphs 5 "Vehicles with boat trailers
using the Cavcorp property for the boat ramps" and 6 "Public Riverfront parking east of Riverview
Park limited to standing only". The Director of Community Development suggested rather than
standing only a time limit be set and suggested 30 minutes. The City Manager noted there are picnic
tables and will be an observation pier. He said this may need to be evaluated and a recommendation
brought back. The Director of Community Development suggested a separate resolution to
designate certain areas where fight-of-way parking can be allowed, but Mrs. Sullivan said she would
rather see it in ordinance form so it is harder to change. Mayor Barnes suggested adding in the time
limit at this time and discussing it the next time it is brought back.
In response to Mrs. Sullivan, the Director of Community Development said Section 98-31.B.3.
should suffice relative to loading.
5. Being no further business, Mayor Barnes adjourned the workshop at 10:49 p.m.
Approved at the
,1997, Regular City Council Meeting.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Walter W. Barnes
Mayor
6
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
WORKSHOP
MINUTES
TUESDAY, JUNE 24, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Barnes called the workshop to order at 7:00 p.m.
The Pledge of Allegiance was recited.
C~_ Council Present:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Camvright
Mr. Larry Paul
Mrs. Ruth Sullivan
Staff Present:
City Manager, Thomas Frame
City Clerk, Kathryn O'Halloran
Director of Community Development, Bob Massarelli
City Engineer, Martha Campbell
Public Works Director, Pat Brennan
Deputy City Clerk, Sally Maio
It was the consensus of City Council to allow public input time permitting.
City Council Workshop
June 24, 1997
Page Two
WORKSHOP ITEMS
Recreation -Mayor Barnes and Mrs. Cartwright
Recreation Committee - Set Agenda for Organization - Mr. Taracka
Recreation in City for Youth Programs Besides Sports - Mr. Paul
Skateboarding~In-Line Skating Area - Mr. Paul
Mayor Barnes recommended working with Indian River County to establish additional recreation
opportunities in the City, forming a City recreation committee and explore the possibility of utilizing
the building at Barber Su'eet Sports Complex south. He said Bruce Bennett, Rotary Club, had said
the group is looking for a way to direct money to recreation in Sebastian.
Mrs. Camvright said this is aa issue that was brought up last year by Council and that she would like
to see a meeting with city staff, Indian River County recreation and sports and other organizations in
Sebastian to determine needs. She questioned why the City had to provide money and buildings for
further county recreation, rather, she was looking for a partnership with them.
The City Manager said Indian River County is establishing a recreation area west of the middle
school and noted it will be difficult for Sebastian youth to get to it, said there is a possibility of
acquiring a FRDAP grant for a recreation facility.
Mrs. Sullivan concun~ with reestablishing the recreation committee.
Mr. Taracka suggested that each sports or other recreation organizations pick a representative and
meet with Nancy Diamond, the City's representative to Indian River County recreation committee.
He noted, in response to Mr. Paul, that the proposal given to him by Larry Driver included non-
athletic activities such as performing arts.
Following further discussion, Mayor Barnes said he would contact Pat Callahan, Director of Vero
Beach/Indian River County Recreation and ask to set up a meeting with user groups to determine
recreation needs in Sebastian. The City Manager suggested the tennis group be included. Mrs.
Sullivan suggested Kay Rogers be included. Mr. Paul suggested a contingent of young people not
involved in sports be included.
Discussion followed regarding the need for a skateboard/in-line skating facility. The City Manager
said liability issues would have to be reviewed. Mrs. Cartwright said she knew of a group looking
for a site to open such a faciliLy.
I
I
I
i
I
I
I
I
I
I
I
i
i
I
I
I
I
i
City Council Workshop
June 24, 1997
Page Three
Streets
Striping of Streets: Middle and Edges- Mrs. Sullivan
Street or Road Markings - Mr. Paul
Realignment of Traffic Programs on Certain Streets Such as George and Skyline -Mrs.
Cartwr~ght
Mrs. Cartwright said five residents from Skyline had proposed that it be one-way. Mr. Paul said he
had seen use of stop signs on 16th Street West in Veto for traffic control and suggested using the
method here. Mr. Taracka said too many stops can be a problem.
The City Engineer noted that there was a traffic study done in 1994 and the City Clerk was asked to
copy it to Council.
The Public Works Director said staff is currently doing a study of striping needs and have talked to
Indian River County traffic engineers regarding putting striping in its work program. He said it will
be ready for this budget. He said staffwill be looking at paving needs soon.
Status and Use of Data - Mayor Barnes
Final Report/Council Action -Mrs. Sullivan
The City Manager gave an update on the Strategic Plan. He said he will organize another small
SWOT meeting prior to &ailing a resolution for City Council. He said the project should be
wrapped up in 30 to 60 days.
Mulching
Stationary Mulcher Location Ordinance-Mrs. Sullivan
Ordinance for Keeping Mulching Machines on a Permanent Site for Mulching Operations - Mr.
Taracka
Mayor Barnes recommended an ordinance prohibiting transportable mulchers on a construction site.
Mrs. Cartwright suggested that maybe safety factors can be addressed instead.
Mrs. Sullivan concurred with Mayor Barnes, citing a recent incident when a piece of debris flew
through a metal roof of a business adjacent to Grace's Landing. Mrs. Cartwright asked whether it
might have been the operator's fault and maybe the mulcber could be put on a remote area of the
property.
Mr. Paul disagreed with the proposed prohibition suggesting looking at safetv controls and features.
TAPE I - SIDE II (7:48 p.m.)
Mayor Barnes said he would like to see an ordinance prepared.
City Council Workshop
June 24, 1997
Page Four
Sidewaiks/Bikepaths
Sidewalk/Bikepath -Long Term/Short Term -Mrs. Cartwr~ght
F/alkways Around Ems#ng Ponds for Fishing and Bicycling - Mr. Paul
The City Manager discussed the requirements and differences between sidewalks and blkepaths. He
said he believed Sebastian had developed a good system and that a bikepath study had been done in
the past by the City.
Mrs. Cartwright suggested that a bikepath be installed on Laconia to Tulip to Barber for the next
fiscal budget (97/98). The City Manager suggested the City could possibly work with Lennar on
this. He said he would ask staffto revisit the bikepath plan.
Mr. Taracka asked if it would be practical to set up a sand course for mountain bikes and the City
Manager said he'd look into it.
In response to Mr. Paul, the City Manager said he had discussions with the Pelican Island Garden
Club about an agreement with them to allow them to adopt the lake on the east side of Barber Street
for its enhancement. He said he would try to bring it back to Council on July 9.
Bonded Paving Program - Mayor Barnes
Grant for Y~idening~aving for Louisiana and Palmetto Avenues - Mrs. Sullivan
The City Manager discussed three possible alternatives to fund city-wide street paving. He had
distributed an amortization schedule for Council review. He said he was waiting for additional
information from a local bank and would try to bring a more detailed report to Council at budget
time.
Mrs. Sullivan said she would like to see a grant applied for to pave Louisiana/Palmetto. The City
Manager said the current CDBG grant would have to be closed out before applying for another.
Fees
Community Development Fee Structure - Mrs. Cartwright
Timetable on Completion of F/ork/Recavery of Costs by City -Mayor Barnes
The Director of Community Development said the last time fees were updated was 1988, said he was
writing internal proeedttres which would identify the time required for specific projects and will be
coming up with a recommendation for adjustment of fees. He said it was his desire to have it ready
for the upcoming fiscal year.
Mayor Barnes asked if there was anything the City could do about abandoned construction. The City
Manager said he would review it with the City Attorney and Director of Community Development
for a future meeting.
4
i
'1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
City Council Workshop
June 24, 1997
Page Five
The City Manager proposed that an educational handout be put together to explain the Mechanics
Lien. Mrs. Cartwright said she had heard that George Bonacci had drafted something for
distribution.
Political Signs -Mayor Barnes and Mrs. Sullivan
Mayor Barnes suggested modifications to the Political Sign code to require a $100 bond or penalty
for non-removal within a certain time.
The City Clerk explained that the City once imposed a bond but had to remove it when it was found
to be unconstitutional. She suggested he .speak to thc City Attorney. The City Manager said it was
either the Florida Legislature or the Supreme Court that had made the decision.
Mayor Barnes suggested the Building Official "shall remove" rather than "shall order removed", and
to limit signs to "one per candidate or question per property".
Mrs. Sullivan said she wood like to see a small frae for signs in fight-of-way.
TAPE II - SIDE 1I (8:35 p.m.)
Mr. Paul expressed concern for limiting people's fights.
Mayor Barnes said he would like to talk to the City Attorney for proposals to come to Council.
Airport Management - Mayor Barnes and Mrs. Sullivan
Mayor Barnes recommended advertising, for a part-time airport manager with knowledge of FAA
roles and regulations, specifically someone who could work on weekends. He said there are qualified
people in town. Mrs. Cartwright said she wood like to see a job description and realm of
responsibilities. The City Manager said he could bring back a job description for the July 9, 1997
meeting.
Mr. Taracka asked if the airport enterprise fund can support more than a part-time position and the
City Manager responded that there is more revenue now than eighteen months ago.
Mr. Paul said he had attended an Economic Development Council meeting today and that they would
like to see a plan for the airport, and that perhaps that a part-time position is needed at this time.
Mrs. Sullivan concurred with the need for someone with knowledge of FAA regulations.
5
City Council Workshop
June 24, 1997
Page Six
Ban on Future Sandmining in Ci~ Limits Except for Leveling Sites -Mayor Barnes
Mayor Barnes said he would like to see a ban on future sandmining within the City limits with the
exception of non-commercial and site leveling.
The Dir~tor of Community Development said he could bring back proposed language at the time the
amended Comprehensive Plan comes to Council for amendment.
Residents Only on All City Boards -Mr. Taracka
Mr. Taraeka said he had talked to many people who agreed that boards should be residents only. Mr.
Paul suggested districting the City so everyone is not from one area of the City. Mrs. Cartwfight
agreed and Mrs. Sullivan disagreed with districting. Mrs. Cartwright disagreed with prohibiting
business owners who are not residents from serving on committees.
Revisit Offer to Purchase Land on Riverfi-ont/Bird Realty -Mrs. Cartwright
Mrs. Camsrright said she.had received phone calls since Council's last action on this item and been
told that there are grants available for this type of purchase. She asked Council to allow staff'to
investigat~ grants. Mr. Paul concurred. Mayor Barnes concurred but asked that no purchase take
place without a specific plan for use of the property in place.
Taking Over Fourth of July Fireworks Festivities/Fireworks - Labor Da_v Fireworks Festivities -Mr.
Paul
Mr. Paul suggested the City contribute more money to the Lions for 4th of July fn-eworks and have
fireworks on Labor Day due to the success of last year's event. He also said he'd like to see the high
school band perform.
John Ellis, Lions Club, addressed City'Council stating the Lions had planned to have a picnic in the
park on Labor Day and that some of the high school students would like to perform on the 4th
without uniforms.
Mayor Barnes said a sponsor w~uld be needed for Labor Day fzreworks. The City Manager said
he'd like to encourage a group to take it on due to the large financial impact the 4th of July already
has on the City.
Ed Moore, Chamber of Commerce, said the Chamber was considering sponsoring a bed race on
Labor Day.
The City Manager said he could bring back cost figures.
City Council Workshop
June 24, 1997
Page Seven
N. CombinedParking Regulations - Mrs. Sullivan
Mrs. Sullivan expressed concerns for abuses on the Riverfront due to combined parking, noting that
the code was written at the request of Captain Hirams, and recommended the code be rescinded.
Mayor Barnes asked how the City knows when additional businesses added. The Director of
Community Development explained the procedure for applying for and approval of occUpational
licenses. He said since he has been here there has been no need for mixed use parking and that all
requests have met parking needs.
The City Manager said that the Community Development Department is reviewing old plans and
uses for Captain Hirams, and said that part of the problem with businesses in the Riverfront District
is customer l~iness.
TAPE II - SIDE II (9:40 P.M.) ,
Mrs. whether the code was written for the Riveffront, other mixed
Cartwright
questioned
citing
parking situations in the City. She agreed to look at the ordinance. .
Mayor Barnes asked that this item be scheduled for a workshop.
Mrs. Cartwright asked why wod~shops are being scheduled for,6 pm prior to regular meetings after
Council changed procedures, Mayor Barnes responded that he d rather not have them but there is a
need for workshops right now. .
O. Mass Transnortation - Bus Schedules -Mayor Barnes
The City Manager said he had attended a meeting in Indian River County with transportation people
on how to enhance ridership and suggested he write a letter as'king them to restructure the routes to
accommodate more people. ·
P. Riverfi'ont Committee Final Renort -Mr. Taracka
Mr. Taracka said he had attended most meetings, said their report will be finalized on July 28 and
said they deserved a lot of appreciation.
Q. Fishin~ Village Theme Throu~h0ut the City - Mr. Paul .
Mr. Paul-suggested the fishing village theme be incorporated in other areas of the City, including CR
512. .
The City Manager suggested this be looked at when the final report comes from the Riverfront
Committee, and recommended that perhaps he could talk to Indian River County about landscaping
the median on CR_512.
City Council Workshop
June 24, 1997
Page Eight
Mr. Paul inquired about the south City limit welcome sign and its poor condition. The City Manager
said it had been brought up in the past and difficult to determine who owns the property on which it
is located. He suggested the possibility of a small carved sign in the median. He said he would
explore it. Mr. Paul asked about other service organization's signs on the City limit sign.
R. In-House Grant Writer -Mrs. Sullivan
Mrs. Sullivan said she would like to see a full-time grant writer. The City Manager said the logical
place was the Finance Deparlment and he would discuss it with the interim Finance Director.
City Council concurred to review this as part of,the budget process.
S. ~ -Mr. Taracka
Mr. Taracka said he was gathering information from Indian River County on this and said he did not
want to see RV storage back up to residential. He said he will bring back additional information.
T. Review Items Pendine from Last Wish List Workshop -Mrs. Cartwright (See 6/10/96 Minutes
Attached)
The Director of Community Development said he was looking to an August 6 workshop to address
signs and sandmining and that he would get with the City Attorney on a noise ordinance.
Mrs. Cartwright inquired about the status of Council Expense Procedures and the Economic
Development Fund and said she'd like to keep them alive and look at again.
Being no further business, Mayor Barnes adjourned the workshop at I0:12 p.m.
I
i
I
I
I
i
I
I
i
I
I
i
i
I
I
i
I
I
City of Seb .stian, Flo -i la
Subject: Falcon Cable TV Franchise Agenda No. ~'7 ~'-~'
Approved for Submittal by: City Manager Department Origin: City Manager
· ~C~.~Date Submitted · 07/02/97
I For Agenda .o.f: 07/09/97
Exhibits: ~ Proposed Resolution R-97-37
EXPENDITURE
REQUIRED: N/A
IAMOUNT BUDGETED:
N/A
APPROPRIATION
RE.Q_..UIRED: N/A
SUM2VIARY
In asmuch as we have not negotiated a franchise with Falcon, it is necessary to consider an additional
extension. At the May 14, 1997 meeting, it was intended that this would be the last extension.
However, due to timing issues and other problems, we have been unable to move forward with the
proposed adopting of the Telecommunications master ordinance. In order to alleviate the any further
'delays, we are going to utilize July 16th workshop opportunity as a time to discuss the proposed
Telecommunications master ordinance in advance of its two (2) readings. This will hopefully put us
in a posture to get this behind us and hopefully have a successfully negotiated agreement with Falcon
Cable.
RECOMMENDATION
Approve Resolution R-97-37 extending the franchise for an additional sixty (60) days under the same
terms as the last extension.
RESOLUTION NO. R-97-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN
EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR
A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS
EXTENDED BY PASSAGE OF ANADDITIONAL RESOLUTION OF THE
CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION
OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Cable TV Fund VIII-A, a Limited Partnership, Jones
Intercable, Inc., General Partner was granted a non-exclusive
franchise to operate and maintain a community antenna television
system in the City of Sebastian, Florida by the City Council on
September 23, 1981, by City Ordinance No. 218-E; and
WHEREAS, by Resolution R-87-74 the City Council assigned and
transferred Ordinance 218-E as amended on May 30, 1986, from Cable
TV Fund VIII-A, Jones Intercable, Inc., to Falcon Cable Media,
L.P., a California limited partnership on October 28, 1986; and
WHEREAS, the non-exclusive franchise was granted and assigned
to Falcon Media, L.P., was valid for a period of fifteen (15) years
from 9/23/81; and
WHEREAS, Falcon Media, L. P., had requested renewal of the
franchise from October 1, 1993; and
WHEREAS, recent changes have been enacted by the U.S. Congress
establishing broad and new regulations affecting most
telecommUnications businesses; and
WHEREAS, time has not permitted adequate opportunity to
assess the ramifications of the Telecommunications Act of 1996, and
those concerns as expressed by the franchisee's customers; and
WHEREAS, the City of Sebastian desires to update its
franchise ordinances and other pertinent regulations prior to the
negotiations and renewal of the existing franchise with Falcon
Media, L.P.; and
WHEREAS, it is in the public's best interest to properly
'update the City's current franchise ordinance and carefully proceed
with the negotiations for the renewal of the cable television
franchise.
WHEREAS, the City Council adopted Resolution No. R-96-67 on
September 11, 1996 extending the cable television franchise for
sixty (60) days commencing on September 23, 1996 and expiring
November 21, 1996; with a provision for additional extensions by
Resolution;
WHEREAS, the City Council granted (60) sixty days extensions
by adopting Resolution Nos. R-96-85, R-97-05, R-97-15, R-97-29 and
R-97-37 and;
WHEREAS, the current sixty day extension expires on July 15,
1997; and
WHEREAS, an additional sixty (60) days is needed to prepare a
proper franchise ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of City of
Sebastian, Indian River County, Florida as follows:
SECTION 1. The non-exclusive franchise established by
Ordinance 218-E granted to Cable TV Fund VIII-A, Jones Intercable,
Inc., on September 23, 1981, and assigned and transferred to Falcon
Cable Media, L.P., a California limited partnership pursuant to
Resolution R-87-74 extended for sixty (60) calendar days commencing
September 23, 1996 and expiring November 21, 1996 by Resolution
No. R-96-67; extended for sixty (60) calendar days commencing
November 21,1996 and expiring January 19,1997 by Resolution No.R-
96-85; extended for sixty (60) calendar days commencing January 19,
1997 and expiring March 19, 1997 by Resolution No. R-97-05;
extended for sixty (60) calendar days commencing on May 17, 1997
~nd expiring July 15, 1997 by Resolution No. R-97-29; shall be
extended an additional sixty (60) days commencing on July 15, 1997
and expiring September 12, 1997 by Resolution No. R-97-37.
SECTION 2. All revenue required by the current franchise, and
any additional revenue which may accrue to the City through changes
incorporated into the franchise ordinance or franchise renewal
shall be paid retroactively commencing September 24, 1996, by
Falcon Cable Media, L.P., a California limited partnership.
SECTION 3. Falcon Cable Media, L.P., a California limited
partnership by acceptance of the extension to the current cable
franchise agrees to the terms of this resolution.
SECTION 4. This resolution shall take effect on July 15,
1997.
The
Member
follows:
foregoing Resolution was moved for adoption by Council
. The motion was seconded by Council Member
and upon being put to a vote, the vote was as
Mayor Walter W. Barnes
Vice-Mayor Richard J. Taracka
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1997.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Walter W. Barnes, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie F. Settles, City Attorney
4
City of Sebastian,
Florida
Subject: Appropriation for purchase of two (2)
handheld 800 MHZ radios
Approved for Submittal by: City Manager
Exhibits:
Agenda No. ~/~'. ,/_,ff..//
Department Origin: City Manager
Date Submitted: July 1, 1997
For Agenda off July 9, 1997
EXPENDITURE
~QUIKED:$4,340.44
iAMOUNT BUDGETED:
-0-
APPROPRIATION
.... REQLqRED: $4,340.44
SUMMARY
Recently City representatives from Sebastian met with Emergency Management Services
representatives of Indian River County to review emergency management coordination issues
between Indian River County and the City of Sebastian. As a result of that meeting, the City was
advised that it would be desirable to acquire two (2) hand held 800 MHZ radios which could be
utilized by the City Manager and the Mayor. By having these two (2) radio units, both the City
Manager and the Mayor could have direct communications with major operations of the County's
Emergency Management Operations and directly with our responding departments, such as, Public
Works and the Police Department. Each radio would cost $2,089.27 and rapid desk battery charger
for each radio would cost $81.00 each, bringing the total need appropriation to $4,340.44.
Currently funds could be appropriated from the Non-Departmental undistributed funds to provide for
this purchase. Currently the City is in the process of purchasing its 800 MHZ radios from Ericsson,
Inc., and this would allow us to proceed with expanding the order to include the two (2) additional
hand held units.
RECOMbIENDED ACTION
Approve the additional appropriation of $4,340.44 from the Non-Departmental undistributed funds
of the City Budget, specifically for the purchase of two (2) hand held 800MHZ radios.
EMERGENCY PURCHASE ~
DATE REQUIRED: ~
DATE SUBMITTED: 6/20/97
CITY OF SEBASTIAN
1225 Main Street
Sebastian, FL 32958
,REQUISITION
1. Department
2. Individual Requesting Thomas W.
3. Department Head (approval)
4. Final Approval
5. Disapproved
(return to requester)
ROUTING
/ B~i Work/Job #
'Frame Project ID #
8. Account #
9. Purchase Order
10. Stock Item
11. immediate Use
For Finance Office Use Only
Funds Available
Funds Not-Available
Budgeted
Not Budgeted
NAME
ADDRESS
CITY
..... SUGGESTED VENDOR ,
Er~csson~ Inc. c/o Communications International
P.O. Box 6670
Veto Beach STATE FL ZIP 32961
Handheld 800 MHZ Radio
PAPST5 MPA Portable Scan
2 $2,089.37
CHi~i Single Unit Rapid Desk Charger
~talAmount
2 81.00
4,178.44
162.00
4,340.44
Pink copy to be retained by Requester
Florida
Subject: Letter of Agreement Between Adams
and Associates Developers, Inc., Developers of
Collier Creek and the City of Sebastian
Approved for Submittal by: City Manager
Agenda No. ~/? / 7 oG'
Department Origin: City Manager
Date Submitted 'July 1, 1997
For Agenda of: July 9, 1997
Exhibits: fi) Proposed Letter of Agreement
~ Transcript ora portion of the Special City Council Meeting, held April 16, 1997
EXPENDITURE
REQUIRED:N/A
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED:N/A
SIJMMARY
On April 16, 1997, an issue was discussed before the City Council regarding Collier Creek Estates
and whether or not the current design suitably addressed certain drainage issues based on anticipated
seasonal high water levels. SubseqUently, it was decided to provide an opportunity for the developer
to maintain the streets for a period of one (1) year before maintenance acceptance by the City. It was
further agreed that during that period of time, should any problems be identified relative to the streets
that subsequent plat filings would not occur until such problems were corrected. Mr. Warren Dill,
Attorney for the developer, has proposed the attached Letter of Agreement that he would like to have
the City execute. The Letter of Agreement has been reviewed and deemed to be adequate based on
the decisions taken at the April 16, 1997 meeting.
RECOMMENDATION
Authorize the City Manager to execute the Letter of Agreement between the City of Sebastian and
Adams and Associates Developers, Inc., setting forth the appropriate street maintenance provisions
as identified.
~UN-02-1~97 11:42 I~ARREN W. DILL, P.A. 561 589 5~12 P.~i
'1
'. ' W~W. D~L p.~
' . S~ ~ 3295~
F~ NO: 599-~570 , ' Office ..... ,
~o. o~ ~.~~ co~: ~ ~
i
I
O~G~ ~ ~ ~ NOT () ~O~OW.
'~-ala *I'~~SSION S~ET. IF YOU ~ NOT ~ ~'~ ...... '---
CO~S OF ~S ~ ................. ~ ~LI~ UPON ~
r~oz~ '&~~sSION IS S~I~LY PROHIBITED.
IF YOU ~ '~~D ~S ~S~SSION IN E~OR, P~E NOTIFY US
BY ~HO~ ~D~TELY SO ~T ~ ~ ~GE FOR ~ ~~ OF
~ ~~S AT NO COST ~ YOU.
~UN-02-i997 li:4J WR~REN W. DILL, P.R. 56i 589 52i2 P.02
Waaa W. P.A.
ATTORNEY.AT-I.AW
WAAREN W. DILL
MEMBER OF:
FLORIDA BAR
WYOMING iLaR
NEBRASKA ILaR
1515 U.S. NWY, 1. SUrTE 201
SEBASTI^N, FLORIDA 329S8
(56i } 589-1~12
FAX {~61) 589-Sit!
.lune :2, 1997,
Valerie Settles, City A.ttomey
City of Sebastian
1225 Maia $lTeet
Sebastian, FL 3295g '
BY FACSIMILE TRANSM~SION THIS DA'FI/
re: Collier Creek
Dear Valerie:.
Following is a proposed letter agreemeni for street maintenance responsibilities for your review.
On a different bo relat~xi matter, I understand fi.om lotto King. through Bob Mass~relli; that you have
sugges~ lhatth~ ci~Y'sl~.' 'uld giro a Quitclaim Deed to my client in er, ahange for i drainage aasemerit back
to the C"i'Ly withouia f0mai written A~ee~ent
My diem is willing, to Mnale this anyway tlm City wants tn proceed. However, if we are going to handle
this on an informal'basis and simply ex~ documents, we would prefer to'have a .~pec/al Warranty
Deed ra~her limn a Quitclaim Deed. The reason f~r this is for title insurance purposes. Apparently, the title
insurance underwriting aitom~y would prefer a Spec/al Warranty Deed it' it is going tn be an informal
exchange of documents.
Please advise as to how you would like to proceed on both matlet~ discussed in this letter st your earliest
converhence_
I h~,ve enclosed the:proPosed F..~sement tn the City, withoul: legal description.
By copy of tis, letter to my client I am requesting that they provide me with legal descriptions for deed and
easement so that I eau prepa~ tM docum~t~.
very tr y·
1>21
JUN-02-1997 ll:4J WARREN W. DILL, P.A. 561 $89 5212 P.03
W^RREN w. DiLL
MEMBEROR
FLORIDA BAR
WYOMING BAR
NEBRASIG~ RAR
.Tune 2, 1997
ATTORNEY-AT-LAw
1515 U.S. HWY. 1, SUITE
SEBASTIAN, It. OR. IDA 329~8
(~61) 589-1.212
FAX (~61) 589-.5212
Mr. Thomas W. Frame
'
city or
Sebastia~ ::Fr_. '32~8
re: Road Maintenance
Th/s letter will conr~ the mang~ for street maintenance within CeLl/er Creek Estates that was
agreed to with the City:Counia] on April 16, 1997. Based on the understanding reached that night,
the Com'm~ctioa planS..for.the entire, development of Collier Creek :Estates (156.3/) Acres) w/U bo
approved by the..Ci~..:
This developme~t' w~l be platted and constructed in phases. The required improvements for each
phase ~ be.~ befor~ the Fmal Phi is presented to the City for approval. On the date the
City approves the lrmaL Pla for each pha~ it will accept ownership of the streets. For a period o£
one (1) year from the datothe City approves a l~inal Plat for a particular pl~se o£the developmenI
and simultaneously accepts:ownership of the streets within that phase, Adams & Associates
Developers, Inc. ~oper) will be responsible for any arid all maintenance required for the streets
within that phase.
Should a final platted phase have a problem with the streets that requires maintenance to be
penfxmed cia-in& the one,O) Year ~ce period, at the same time that the Developer requests
the City to approVe a lrmal Plat for mother phase, the City may refuse to approve the pending Final
Pla until the problem with the streets in tho phase already platted, h~,~ been resolved.
JUN-02-1~97 11:4~ ~ARREN ~. DILl, P.A. 5~1 589 5212
Sune 2, 1997
Page Two
There are no time restrictions on when Fhufl Fiats for subsequent phases may be presented to the City
for at~provaL Byway of.example, the. Irmal Plat for the second, third, fourth or other phases may be
presented to :the City for approval at any time after the Final Plat for the first phase has been
approved, regardleSS ofwhether it is during the one (1) year street maintenance period or following
the conclusion of the one (1) year maiatenance period. It is only if there is a street maintenance
problem during a o~e (1)year maiatenance period, that the approval by the City ora Fh~al Plat for
subsequent phases Could be delayed and then the delay would only lazt until the necessary ~reet
mai~~ E~ been completed.
Al the end ofthe one (1) year stre~ ~ce period for each phase within Collier Creek Estate~
the respo~ ofltie Dev~oper for the maint~ of the s'treetz w~i,~ that phase will cease and
therea~er, the City w~l be i~poma'ble for ail street maimz~ancc.
s er y,
Adams a Associates Developers, Inc.(Developer)
H~rold D. Adams, President
The terms and condO,' 'OhS comak~ within this letter are com~en~ with the City's understanding of'
the street maint~ee response, ility a~l are accepted by the City of Sebastian, Florida.
city of Seba. m
By:
Thomas W. Frame
City 'Manager
~ OF NON-EXCLUSiVE ~ F. ASE~
Thi~ ~ ~e ~ ~xecuted on the ~ day o£ 1997 b°
~um~, rtona~ a:z~$, ~r, ~ Ci~ of$~~ a ~dp~ ~omfion ~ State of
TI~ term "C_uxme~' a~ used here/n, means Grantee and Grantee's succ~sor and ~,
pro~o~ to p~ or ~~~ o~ ~ ~ose ~ ~ wM~ ~c p~on or app~cafion is
By:
I
I
Adams & Associates Dewlopcr$, Inc.,
a Florida Corporation I
Harold A. Adams, Presidem
STATI~ OF FLORIDA
oil. n, V N
T~e fore~o/ng/n~t.~mc~ was ~owI~g~ ~ore me ~ ~ day of ~ ~
1997, by Mld'K '~ ~ ~d~ of~ & ~t~ Dev~op~ ~, a Flofi~
Co~fio~ on b~of~ ~mfio~ He is p~nslly ~0~ to ~ or ~ produ~ ~ id~fiom
Notary Public
My Commission Number is:
My Co--on F. xpkes:
Special City Council Meeting
April 16, 1997
Page Five
In response to Mrs. Cartwright, Mr. Dill said because the number of lots in the subdivision
exceeds 25, the developer must register with the Florida Division of Land Sales. He said
the Division of Land Sales has an exemption from its regulations for registering a
prospectus if the developer agrees to install all the infrastructure up front and the local
government agrees to accept maintenance and ownership of those items.
Randy Mosby, Mosby & Associates, engineers for the project, said the developer had
received one technical letter from the City's engineering consultant which had nothing to
do with drainage; cited all approvals received on the property; said the system works and
will draw down to Collier Creek; and said he had done three additional borings as
requested.
A lengthy discussion among City Council, staff and developer representatives followed.
TAPE II - SIDE I (7:39 p.m.)
John Hill, Craven Thompson & Associates, addressed City Council on staff.concerns
relative to stormwater throughout the highlands, offered some suggestions and said he
was uncertain there were any provisions for the City to say no to the plan and perhaps
some compromise could be worked Out.
The City Attorney again said if there is a compelling health, safety and welfare issue the
City could require more information from the developer.
Following some further discussion, the City Manager requested a recess to allow staffto
confer.
Mayor Barnes called recess at 8:05 p.m. and reconvened the meeting at 8:22 p.m. All
members were present.
The City Manager said "We (staff) would propose to accept the construction plans as
designed for the entire project in terms of the design upon the recording. That would
allow the developer to commence construction. We would anticipate that the construction
would be in phases as identified, in other words, each phase would be developed on an
individual basis. Upon recording of each plat, which would follow the actual construction
of the improvements, the City would go through the current formal process of accepting
the street for dedication. The applicant, the developer, would agree to maintain that,
those improvements, streets, drainage for a period of one year. In lieu of a bond, what we
Special City Council Meeting
Ap~ 16, 1997
Page Six
would propose is, that during any period during the rest of the construction of the various
phases, if there's any section of the development where the developer has agreed to
maintain it for the one year, where a problem has developed, we would not accept any
additional recording until that issue was resolved. In other words, let's say the road
washed out, the road base failed, something went wrong and we had a problem during that
period of time, and the developer failed to take care of it, then we would not accept
anymore recordings for additional phases. That would be our guarantee to ensure that he
couldn't move forward until, in lieu of actually accepting a bond. We think there needs to
be a formal agreement worked out as far as the details. We would propose that that
agreement be in place, accepted by the City Council, entered into by the Council and the
developer prior to the recording of the plat for Phase I. That gives them the time then to
go through the process of actually building Phase I so there's not a short window.
Hopefully we will work diligently with them and sit down and work out the details. We
think that's our approach to it if that sounds reasonable." He noted there is a total of
seven phases.
Mr. Dill recapped the offer "The staffwill approve the construction drawings for the entire
project. At such time as the plat for Phase I is recorded, the City will accept ownership of
the roads. At such time as the plat for Phase I is recorded, Mr. Adams will agree to
maintain those roads in that phase for a period of one year. Roads and drainage. If there
is a problem within the one year with the road or the drainage system, the City would not
allow him to file a plat on say Phase II until he corrected the problem in Phase I. We agree
to that. I think that was the understanding. That means we'd be able to have our
construction drawings approved now and could start work now. Correct?" The City
Manager said this was correct. Mr. Dill continued, "There's no limit on how many phases
he can run together. In other words, if in six months he wants to do Phase II, he can come
in with Phase II so long as there's been no problems with the roads or drainage in Phase I
that would stop that. In other words, he doesn't want to have to, if marketing is great, he
doesn't want to have to completely build out Phase I before he can start Phase II. So he
would have an agreement with the City where we would have one year running on Phase
I, and six months down the road into that one year, he would have another year running
on Phase II and still have six months left on Phase I and ifa problem appeared anywhere
on Phase I or Phase II you would not let him go to Phase 11I until he corrected that
problem. Yes we very happily accept that."
5. Being no further business, Mayor Barnes adjourned the Special Meeting at 8:35 p.m.
6
City of Sebastian,
Florida
Subject: License Agreement Between the City
of Sebastian and the Pelican Island Garden
Club For A NomExclusive Irrevocable License
for the Planning and Maintenance of Certain
Landscaping Upon Certain City Owned
Property.
Approved for Submittal by: City Manager
Agenda No. /~./2~'/'
Department Origin: City Manager
Date Submitted ' 07/02/97
For Agenda of: 07/09/97
Exhibits: ~
~) Proposed License Agreement
· Map Of The Subject Property
EXPENDITURE AMOUNT BUDGETED:
,, ,REQUIKED: N/A N/A
Letter From Margaret Miquelon, President Pelican Island Garden Club
Copy of'Letter From City Manager to Garden Club
APPROPRIATION
REQUIRED: N/A
SUMMARY
Over the past several months, dialogue has developed between the City Manager and the Pelican
Island Garden Club over the landscaping, beautification and improvements to that tract of land that
is owned by the City abutting, Dominican Lake. In particularly, the property is bounded on the
southwest by Barber Street to the northwest by Rose Arbor Drive and to the southeast by Dominican
Terrace. The Garden Club would like to be able to proceed with the improvement to the subject
property through landscaping, walking trails, park benches, etc., and members of public works and
the City Manager's Office have met with representatives of the Pelican Garden Club on site and agree
that it would be a useful effort on part of the Garden Club. The Garden Club does not propose to
assume the responsibility for maintenance of the property but would like to work in enhancing the
property as a donation to the City. From a staffprospective, we are very supportive of this approach
and have advised the Garden Club that coordination would be most important to insure cost effective
maintenance with various improvements.
RECOMMENDATION
Recommend approval of the License Agreement authorizing the Pelican island Garden Club a non-
exclusive irrevocable license for the planning and maintenance of certain landscaping upon and across
:i~e subject property abutting Dominican Lake.
Pelican Island Garden Club
Sebast
June 18, 1997
EXHIBIT "B"
Mr. Thomas Frame, City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Mr. Frame:
Pusuant to our discussions, the Pelican Island Garden Club
is asking for permission from the city to activate a beautifi-
cation program on the west side of Dominican Lake.
We would like to install two large area beds in which we
will put a minimum of three large trees each, plus suitable
bushes, plants and flowers to make it attractive. We also would
like to plant a fairly large live oak on the part of the land
which juts out into the lake. We will put in a winding pathway
covered with mulch, mulch the beds and install at least two
benches. This will be a tranquil park, not an active one.
Along with your permission to go ahead, we would like any
cooperation the parks department can give us in the planting
and watering of the trees and plants, as well as mowing of the
park.
It is our desire to make this an attractive addition to
our city, without asking the city to provide funds. This is
a project of the Pelican Island Garden Club, but we will be
receptive to any help you can give us. It will be done in steps,
and will be an ongoing project.
We appreciate your cooperation.
Sincerely,
Margar%t MiquelonI President
Pelican Island Garden Club
Sebastian, Florida 32958
275 Zane Ave.
Sebastian, Florida 32958
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
July 1, 1997
Ms. Margaret Miquelon
President, Pelican Island Garden Club
272 Zane Avenue
Sebastian, FL 32958
Dear Ms. Miquelon:
Pursuant to your letter dated June 18, 1997, this is to officially advise you that the City has no
objections to your request to place two (2) large area planting beds on the property adjacent on the
west side of Dominican Lake.
You have also indicated that you would place at least three (3) large trees in each planting area, plus
suitable bushes, plants and flowers in addition to a large Live Oak on that portion of the property that
jots out into the lake. This, as discussed at the site, is acceptable to the City along with the concept
of a winding pathway covered with mulch.
Additionally, the City has no objections to the placement of park benches, provided that prior to the
placement of the benches, the City could review the type of benches to be placed therein, to insure
that they are of suitable strength.
As a cooperative act, the City will provide within its abilities, help in the planting and watering of the
trees and plants. The City will, as it has in the past continue to mow the park. As an adjunct to this
approval, it is my intent to present to the City Council a more formalized request and approval which
would authorize the Pelican Island Garden Club of'Sebastian to in effect, to be the lead agency for
the enhancement of this site.
The City is always happy to work with interested community groups in partnerships, for the
improvement of the City, which provides not only savings to the taxpayers of the City but provide
enhanced facilities and services for all the citizens of the City.
Sincerely,
Thomas W. Frame
City Manager
TWF/jmt
LICENSE
KNOWN ALL MEN BY THESE PRESENTS that the City of Sebastian,
1225 Main Street, Sebastian, Florida, 32958, hereinafter called
"Grantor", in consideration of the sum of TEN ~aND NO/100 ($10.00)
DOLLARS, and other valuable considerations, receipt of which is
hereby acknowledged, does hereby grant to the Pelican Island Garden
Club, 272 Zane Avenue, Sebastian, Florida, hereinafter called
"Grantee", a non-exclusive irrevocable license for the planting
and maintenance of certain landscaping upon and across a portion of
a city-owned park situated in the County of Indian River and State
of Florida, more particularly described in Exhibits "A" and "B",
which are attached hereto and incorporated herein by this
reference. The Grantor shall assist in the installation and
maintenance of the landscaped area.
RESERVING to Grantor the right and privilege to use the land
conterminous with the license herein granted for all purposes not
inconsistent with the Grantee's. The within grant of license and
easement is non-exclusive.
In the event the Grantee does not utilize the license for the
aforesaid purpose or abandons it for one (1) year after
, the license granted herein to Grantee for that
license area only shall be deemed null and void at the option of
the Grantor and the Grantor shall have the immediate right to
reenter and terminate the privileges granted hereby. Upon such
reentry, the complete title and ownership of this license shall
vest in the Grantor and the license shall be terminated.
this
IN WITNESS WHEREOF, the Grantor has executed this License
~ day of , 19 .
Witness:
Thomas W. Frame
City Manager
STATE OF FLORIDA:
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day of
__, before me appeared
personally known to me or has produced
as identification.
who is
, 10
WITNESS my hand and official seal at Sebastian in the County
of Indian River, and State of Florida, the day and year last
aforesaid.
(SEAL)
NOTARY PUBLIC STATE OF FLORIDA
AT LARGE
My Commission Expires:
CNESSER'S GAP
PUD-C
~PUD-R
CL
....... City of Sebastian, Florida
Subject: Second reading, public hearing
and adoption of O-9%51
Approved for Submittal by:
Exhibits: 0-97-51
Agenda No. 7~- /"~
Department Origin: Community Development
Date Submitted · July 1, 1997
-For Agenda of: July 9, 1997
EXPENDITURE
REQUIRED:
None
AxMOUNT BUDGETED:
None
APPROPRIATION
REQUIRIED: None
SUMMARY
Ordinance O-97-51 amends the Land Development Code relating to required screening for drive-in
restaurants. The ordinance has been amended to require masonry walls only.
This ordinance was reviewed at a City Council workshop on May 20, 1997 and the first reading was
held on June 11, 1997.
RECOMMENDED ACTION
It is recommended that the City Council have a public heating, second reading and adopt
ordinance 0-97-51.
ORDINANCE NO. O-97-51
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AME~ING SECTION 20A-6.1.C.25. OF TI3[E
LAND DEVELOPMENT CODE REGARDING REQUIRED
SCREENING FOR DRIVE-IN RESTAURANTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILiTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the
Land Development Code relating to required screening for drive-in restaurants; and
WIIE~S, the City Council of the City of Sebastian, Florida, believes that k is in the
best interests of the health, safety, and general welfare of the community to do so,
NOW ~REFORE, BE iT ORDAINED BY TI~ CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, THAT:
Section 1.. Section 20A-6.1.C.25. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
25. Restaurant, drive-in:
a. Applicable zoning districts. Drive-in restaurants shall be permitted
as a conditional use within the following zoning district: CG.
b. Conditional use criteria. Drive-in restaurants will be allowed
provided the following conditions are met:
(1) No more than two (2) curb cuts shall be permitted on any
single street frontage. Curb cuts shall be limited to a
maximum width of fitSy (50 feet and shall be located no
closer than thirty-five (35) feet removed from property
lines. A fifteen (15) foot separation shall be maintained
between curb cuts.
(2) No building, structure or off-street loading or parking area
shall be located closer than thirty (30) feet to any residential
use or district.
(3) All travel lanes and driveways shall be interpreted as off-
street parking, and as such shall conform to the landscape
requirements of this chapter.
An eight (8) foot opaque re, ncc cr wall shall be located along all rear
property lines adjacent to residential district or a residential use, however,
such screening shall be located in a manner which does not obstruct vision
of the motoring public and preserves a safe site distance for the motorists
on and adjacent to the site. Such wall shall be of masonry_ construction,
desi~ned to meet wind load requirements, and shall have landscaping to
minimize the visual impact 0fthe wall.
Section 2. CODIFICATION. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a
part of the Land Development Code of the City of Sebastian, Florida, and that the sections of
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
Section3. CONFLICT. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such c°ntlict'
Section4. SEVERA.BILITY. If any clause, section, or other part or
application of this Ordinance 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, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become effective
immediately.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THIS DAY OF ~ 1996. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READING, Tills DAY OF ,1996.
The foregoing Ordinance was moved for adoption by Councilmember
~. The motion was seconded by Councilmember
~ and, upon being put to a vote, the vote was as follows:
Mayor Walter W. Barnes '
Vice Mayor Richard J. Taracka
Councilmember Louise R. Cartwri~t
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared tkis Ordinance duly passed and adopted this day of
.
ATTEST:
Katluyn M. O~-Ialloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
CitY of Sebastian, Florida
Subject: Second reading, second public
hearing and adoption of 0-97-52
Approved/'or Submittal by:
Exhibits: 0-97-52
EXPENDITURE
REQUIRED:
None
Agenda No. ~/~, ~) ~
Department Origin: Community Development
Date Submitted ' July 1, 1997
For Agenda of: July 9, 1997
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
SLrMMARY
Ordinance 0-97-52 amends the Land Development Code relating to permitting residential
manufactured homes in the PUD-MH district. The first reading was held on May 28, 1997. The first
public hearing was held on June 25, 1997
RECOMMENDED ACTION
It is recommended that the City Council hold a second public heating, second reading and adopt
ordinance 0-97-52.
ORDINANCE NO. 0-9%52
AN ORDINANCE OF TItE C1TY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMJENDING SECTIONS 20A-3.7. AND 20A-4.$.
OF TH'E LAND DEVELOPMENT CODE REGARDING THE
DELETiON OF RESIDENTIAL MANUFACTURED E[OMES IN THE
PUD-MH DISTRICT, THE MODIFICATION OF THE~ DEFINITION
OF RESIDENTIAL MANUFACTURE BUILDING IN THE RMH
DISTRICT, PROVIDING FOR A DEFINITION OF RESIDENTIAL
MANU'FACTiYRE BUII~ING IN PUD-Mtt, AND PROVIDING FOR
THE USE OF A RESIDENTIAL MANUFAC~ BUILDING AS A
PER_MITrED USE IN ~ PUD-M]~ DISTRICT; PROVIDING FOR
CODIYICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WItEREAS, the City Council of the City of Sebastian, Florida, desires to amend the
Land Development Code relating to deleting the definition of residential manufactured homes
in the PUD-MH district, adding a definition of residential manufacture buildings to the PUD-
MH district, modifying the definition of residential manufacture buildings in the RMH district
and adding residential manufactured buildings as a permitted use in the PUD-MH district; and
WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the
best interests of the health, safety, and general welfare of the community to do so,
NOW THEREFORE, BE 1T ORDAINED BY TE~ CITY COUNCIL OF ~
CITY OF SEBASTIAN, FLORIDA, THAT:
Section 1. Sec. 20A-3.7. is amended to read
Sec. 20A-3.7. R-ME[ Mobile E[ome District.
A. Purpose and intent; definitions. The R-MH district is established to
implement comprehensive plan policies for managing mobile home and certain non-site
building development on land designated for residential development satisfying the
location requirements and criteria of this section.
[Terms defined.]
1. Mobile home shall mean a structure transportable in one (1) or more sections,
which in the traveling mode, is eight (8) body feet or more in width or forty
(40) body feet or more in length, or when erected on site, is three hundred
twenty (320) or more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and including the plumbing, heating, air
conditioning and electrical systems contained therein. Calculations to determine
the number of square footage in a structure will be based upon HUD standards,
and such structures are subject to the regulations set forth therein.
2. Residential manufactured building shall mean a closed structure, building
assembly or system of subassemblies, which may include structural, electrical,
plumbing, heating, ventilating or other service systems manufactured in
manufacturing facilities for installation or erection, with or without other
specified components, as a finished residential building or as part of a finished
residential structure. This does not apply to mobile homes. Residential
manufactured buildings may also mean, at the option of the manufacturer, any
residential building of open construction made or asembled in manufacturin~
facilities away from the building site for installation, or assembly and
installation, on the building site.~, All residential manufactured buildin,,s
v,4ieh shall be required to bear the insignia from the Department of Community
I
Affairs, State of Florida (herein-after DCA) or its successor agency, pursuant to
regulations promulgated by DCA. I
3. Travel trailer shall mean a portable structure built on a chassis, designed as a I
temporary dwelling for travel and vacational use and when not exceeding eight
(8) feet in width, weight four thousand five hundred (4,500) pounds or whose I
length does not exceed twenty-nine (29) feet and shall not be used as living I
quarters except in a trailer park.
For purposes of this section and section 20A-4.8, travel trailer shall be a type of i
travel trailer. I
B. Permitted uses. In this district as a permitted use a building or premises may I
be used only for the below-stated uses. All applicable provisions of the land
development code shall be satisfied including site plan review and performance I
criteria. I
Permitted uses: Mobile homes, residential manufactured buildings and
accessory residential uses. I
SECTION 2. Section 20A-4.8. of the Land Development Code, City of Sebastian, Florida is 1
hereby amended to read as follows: I
Sec. 20A-4.8. PUD(MI:I) Mobile ttome Planned Unit Development.
This section provides specific regulations for the development of mobile home I
planned unit developments (PUD(MH) in areas designated for residential development on I
the Comprehensive Plan Land Use Map.
A. Definitions. I
I
1. Mobile home shall mean a structure transportable in one (1) or more sections,
which in the traveling mode, is eight (8) body feet or more in width or forty
(40) body feet or more in length, or when erected on site, is three hundred
twenty (320) or more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without permanent foundation when
connected to the required utilities, and including the plumbing, heating, air
conditioning and electrical systems contained therein. Calculations to determine
the number of square footage in a structure will be based upon HUD standards,
and such structures are subject to the regulations set forth therein.
2. Residential manufactured buildings home shall mean a closed structure,
building assembly or system of subassemblies, which may include structural,
electrical, plumbing, heating, ventilating or other service systems manufactured
in manufacturing facilities for installation or erection, with or without other
specified components, as a finished residential building or as part of a finished
residential structure. This does not apply to mobile homes. Residential
manufactured buildings may also mean, at the option of the manufacturer, any
residential building of 0pen construction made or asembled in manufacturing
facilities away from the building site for installation, or assembly and
.installation, on the building site.~uild-~n~, ..Ail residential manufactured buildings
~ic4-shall be required to bear the insignia from the Department of Community
Affairs, State of Florida (hereinafter DCA) or its successor agency, pursuant to
regulations promulgated by DCA.
3. Travel trailer shall mean a portable structure built on a chassis designed as a
temporary dwelling for travel and vacational use and when not exceeding eight
(8) feet in width, weight four thousand five hundred (4,500) pounds or whose
length does not exceed twenty-nine (29) feet and shall not be used as living
quarters except in a trailer park. For purposes of this section and section 20A-
3.7, travel trailer shall be a type of travel trailer.
4. Structures and uses required for operation of a public utility.
B. Permitted uses and structures. The following land uses and structures are
permitted in the PUD(MH) district subject to compliance with the provisions
of this code:
i. ~;~1~ ,c'~;1.. ..l^..~h.~l ~.,I-rn,-~h~l,a h ,,,, ..l~g:~.-i 1.., ~..~,n~+;^~ '"*th A
~ and residential manufactured buildings
2. Parks, playgrounds, community facilities, and noncommercial recreational
facilities such as golf courses, game rooms, tennis courts, libraries, and similar
USES.
3. Uses and structures which are customarily accessory and clearly incidental and
subordinate to the above uses and structures, including approved storage
facilities.
4. Structures and uses required for the operation of a public utility.
Section 2. CODIHCATION. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a
part of the Land Development Code of the City of Sebastian, Florida, and that the sections of
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or such other word or phrase in order to accomplish such intention.
Section3. CONFLICT. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section 4. SEVERABILITY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid pan or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become effective
immediately.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIll. ST READING, TI-I/S DAY OF , 1996. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORID& ON SECOND A_ND
FINAL READING, THIS
The foregoing
DAY OF ,1996.
Ordinance was moved for adoption
The motion was seconded
by Councilmember
by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise K Cartwfight
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of
1997.
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
' Valefie Settles
City Attorney
City of Sebastian, Florida
Subject: Cav Corp Property
Approved for Submittal by:
Exhibits: Site Plan
EXPENDITURE
REQUIRED:
None
Agenda No. ~7 7, ~ 7/
Department Origin: Community Development
Date Submitted · July 1, 1997
For,,Agenda of: July 9, 1997
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
SUMMARY
On June 25, 1997, the City Council provided additional direction to the staff concerning the
design of the parking area on the Cay Corp property. The site plan has been modified to eliminate
the landscaping on the north side of the property. The landscaping on the south and east side has
been modified to reflect the type of landscaping found in the medians of US 1. The optional lights
have been moved from the center of the parking area to the west and south perimeter. The staff'is
suggests that the post and chains proposed in the middle of the property be extended on the north
side along the overflow parking area located adjacent to the curb along Coolidge St. The City
Engineer has reviewed the east driveways and advises that they are not too close to Indian River
Drive. If the Council wants to move them further west, that would be acceptable.
Attached is the revised site plan. We have also included two scenarios for parking in the overflow
area as requested.
RECOMMENDED ACTION
Review the final plans prepared by CRA Engineering and determine the Council's satisfaction
prior to staff submitting the plans to the Planning and Zoning Commission for Site Plan Approval
and the solicitation of bids for construction
City of Sebastian, Florida
Subject: Second Addendum to agreement
with CRA Engineering
Approved for Submittal by:
Exhibits: Second Addendum, R-97-40
Agenda No.
/
Department Origin: Community Development
Date Submitted ' July 1, 1997
for Agenda of.' July 9, 1997
EXPENDITURE
REQUIRED:
None
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
SUMMARY
On July 24, 1996, the City Council approved a master professional services agreement
with CRA Engineering, Inc., to provide consulting services for the design and
construction of improvements financed in whole, or in part, by the Community
Development Block Grant. Individual work items would be authorized through
supplemental agreements. On October 9,1996, the City Council approved Resolution
R-96-76 approving supplemental agreement No. 1.
With the completion of the Cav Corp property design, the staff is prepared to complete
the other portions of the CDBGF grant. Supplemental Agreement No. 2 has been
prepared to complete the work on the street lighting and street improvements on Indian
River Drive. The total estimated cost for this work is $14,499.
KECOS&MENDED ACTION
Adopt Resolution R-97--40, authorizing the City Manager to sign and the City Clerk to
attest, Supplemental Agreement No. 2 with CRA Engineering, inc.
i
'1
I
I
RESOLUTION NO. R-97-40
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER I
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO
SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE' I
CITY, SUPPLEMENTAL AGREEMENT NO. 2 BETWEEN CRA
ENGINEERING, INC. AND THE CITY OF SEBASTIAN, i
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian entered into Contract Number 96DB-1E-10- ·
40-02-C06 with the Florida Department of Community Affairs to obtain Community
Development Block Grant (CDBG) funding; and
WHEREAS, the City of Sebastian has entered into a Master Professional Services
Agreement with CRA Engineering, Inc.; and
WI:rE~REAS, the City of Sebastian desires to design and construct street lighting
and improvements to Indian River Drive,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AGREEMENT. The City Manager of the City of Sebastian,
Indian River County, Florida, is hereby authorized to sign, and the City Clerk to attest, on
behalf of the City of Sebastian, Supplemental Agreement No.2, between CRA
Engineering, Inc., and the City of Sebastian, attached hereto as Exhibit "A".
Section 2. CONFLICT.
conflict are hereby repealed.
All resolutions or pans of resolutions in
Section 3. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any pan of this resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall be further be assumed that the City Council would have enacted the
remainder of the Resolution without said invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 4.
upon final passage.
EFFCTIVE DATE. This Resolution shall take effect immediately
The foregoing Resolution
was moved for adoption by Councilmember
The motion was seconded by Councilmemeber
and, upon being put to a vote, the vote was as follows:
Mayor Walter W. Barnes
Vice-Mayor Richard J. Taracka
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
day of
The Mayor thereupon declared this Resolution duly passed and adopted this __
,1997.
CITY OF SEBASIAN, FLORIDA
ATTEST:
By:
Walter W. Barnes, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
Supplemental Agreement No. 2
THIS SUPPLEMENTAL AGREEMENT made this . day of__, 1997
by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida,
hereinafter referred to as "City" and CRA ENGINEERING, a corporation authorized to do
business in the State of Florida, with offices located in Tallahassee, Florida, hereinafter called'
the "Consultant."
WHEREAS, the City and the Consultant has entered into an Master Professional
Services Agreement and
WHEREAS, the City desires to assign specific services to be performed by the
Consultant; and
WI-IERAS, the city and the Consultant desire to reduce to writing their understanding
and agreement on such professional services.
IT IS, THEREFORE, AGREED as follows:
1. Scope of work: The scope of work to be performed by the Consultant is
described in Attachment i.
2. Compensation: The City well pay the consultant in accordance with the fees
described in Attachment II.
3. All other provisions of the Master Professional Services Agreement shall remain
in effect.
1N WITHNESS WHEREOF, the parties hereto have caused these presents to be executed, the
day and year .first above written.
ATTEST:
Signed, sealed and delivered
in the presence off
Name:
Name:
CITY:
TItE CITY OF SEBASTAIlq
By:
Name:
Title:
CONSULTANT:
CRA ENGINEERING, INC.
Name: William H. Clark
Title: President
ATTACItMENT I
OF SUPPLEMENTAL AGREEMENT 2
SCOPE OF WORK
CRA Engineering, Inc. (the Consultant) proposes to provide engineering services necessary to
complete the project. The scope generally includes planning, design, and contract administration
of a pedestrian mall including sidewalk lighting and selected roadway improvements with
appropriate accessory structures and drainage at Riverview Park East. The Consultant will work
closely with the local officials and staff to maximize the benefits of the program. The
Consultant shall coordinate with administrators throughout each phase, so project design and
construction complies with all applicable regulations and schedules.
The Consultant will engineer all aspects of the program. Such work will include, but not be
limited to engineering design, preparation of technical specifications and-construction
documents, cost estimates, permit applications, and assistance in bidding an award of a
construction contract. This will continue through performance of the construction contract
during which the Consultant will attend construction conferences and provide construction
observation, inspection and administration as directed by the City, according to the scope of
services. Topographic and design survey services, geotechnical and possibly observation and
inspection services, will be sub-contracted to a local firm.
Progress reports to the local officials and staff will be made at appropriate times. The City of
Sebastian's Citizen Advisory Task Force will be kept fully informed of the project and its
progress.
The services to be provided by the Consultant are as follows.
TASK 1
STUDY AND REPORT. The Consultant shall coordinate
with the City staff and with local citizens' groups through City staff to
determine an acceptable layout and arrangement to provide for sidewalk
lighting and design associated with pedestrian malls.. The Consultant
will clarify and define the requirements for the project; determine the
need for data; and produce a report containing conceptual design, cost
estimates, and consideration of alternatives. This step will assure that
the project is designed appropriately, according to grant requirements
and local needs, with smooth coordination and communication.
TASK 2
PRELIMINARY INVES~GA~ON. The Consultant will obtain
necessary information required for project design, including but not
limited to soil conditions, surveying, and location of existing utilities.
Investigatin~survey costs will be additional, beyond our fee.
TASK 3
TASK4
TASK 5
TASK6
TASK 7
TASK 8
TASK 9
TASK 10
PRELIMINARY DESIGN. The Consultant will produce preliminary
plans for the City's review.
FINAL DESIGN. The consultant will prepare final construction plans
and specifications which encompass sound engineering principles, and
result in cost-effective improvements. The plans will be submitted to
the City for approval. Cost estimates will be prepared during design.
PUBLIC MEETINGS. The Consultant will attend public meetings as
directed by the City. The Consultant will explain the project design,
discuss project implementation schedule, and receive public input.
PERMITTING. The Consultant will prepare and submit any permit
application which may be required by local/state regulatory agencies.
BID PREPARATION. The Consultant will prepare appropriate bid
and contract documents for local approval after design plans have been
approved.
BID AND AWARD. The Consultant will advertise the project and
conduct the pre-bid conferences as needed. The City Clerk will receive
contractor bids, and the Bid Review Committee shall analyze the bid
contents. The Consultant will be a member of the Bid Review
Committee. This bid analysis and contract award recommendation will
be presented to the City.
CONTRACT SUPERVISION/ADMINISTRATION. Following
contract award, the Consultant will conduct an in-depth pre-construction
conference. Conferences will be held during construction as needed
between the Consultant, City personnel, and contractor personnel. The
Consultant shall review Contractor pay requests, perform key
inspections, review shop drawings,, and issue field and change orders
when necessary.
PROJECT OBSERVATION. The Consultant will observe the
construction on an as-needed basis, generally for a minimum of two
hours a day. This provides ~eater assurances of a project constructed
safely, on schedule, according to plans and specifications, with minimal
disruption to the residents and traffic.
Consultants shall furnish a Project Site Representative ("PSR"),
assistants and other staff to assist Consultant in observing progress and
quality of the work of the Contractor. The duties and responsibilities of
the PSR are described as follows:
A. General
PSR is Consultant's agent at the site, will act as directed by and under
supervision of Consultant, and will confer with Consultant regarding
PSR's actions. PSR's dealings in matters pertaining to the on-site work
shall in general be with Consultant and Contractor, keeping City advised
as necessary. PSR's dealings with subcontractors shall only be through
or with the full knowledge and approval of Contractor. PSR shall
generally communicate with City with the knowledge of and under the
direction of Consultant.
B. Duties and Responsibilities of PSR
1. Schedules.
Review the progress schedule, schedule of. Shop Drawing
submittals, and consult with Consultant concerning acceptability.
2. Conferences and Meetings.
Attend meetings with Contractor, such as pre-construction
conferences, progress meetings, job conferences and other project
related meetings and prepare and circulate copies of minutes thereof.
3. Liaison.
Serve as Consultant's liaison With Contractor, working
principally through Contractor's superintendent and assist
in understanding the intent of Contract Documents; and
assist Consultant in serving as City's liaison with
Contractor when Contractor's operations affect City's on-
site operations.
Assist in obtaining from City additional details or
information, when required for proper execution of the
work.
4. Shop Drawings and Samples.
a. Record date of receipt of Shop Drawings and Samples.
Receive Samples, which are furnished at the site by
Contractor, and notify Consultant of availability of Samples
for examination.
Advise Consultant and Contractor of the commencement of
any work requiring a Shop Drawing or Sample if the
submittal has not been approved by Consultant.
Review of Work, Rejection of Defective Work, inspections and
Tests.
do
Conduct on-site observations of the Work in progress to
assist Consultant in determining if the Work is proceeding in
accordance with the Contract documents.
Report to Consultant whenever PSR believes that any work
will not produce a completed Project that conforms to the
Contract documents or will prejudice the integrity of the
design concept of the completed Project as a functioning
whole as indicated in the Contract Documents, or has been
damaged, or does no meet the requirements of any
inspection, test or approval required to be made; and advise
Consultant of Work that PSR believes should be corrected or
rejected should be uncovered for observation, or requires
special testing inspection or approval.
Verify that tests, equipment and systems start-ups and
operating maintenance training are conducted in the
presence of appropriate personnel, and that Contractor
maintains adequate records thereof, and observe, record and
report to Consultant appropriate details relative to the test
procedures and start-ups.
Accompany visiting inspectors representing public or other
agencies having jurisdiction over the Project, record the
results of these inspections and report to Consultant.
6. Interpretation of Contract Documents.
Report to Consultant when clarifications and interpretations of the
Contract Documents are needed and transmit to Contractor
clarifications and interpretations as issued by the Consultant.
Modifications
Consider and evaluate Contractor's suggestions for modifications in
Drawings or Specifications and report with PSR's recommendations
to Consultant. Transmit to Contractor in writing decisions as issued
by Consultant.
8. Records
Maintain at the job site orderly files for correspondence, repons
of job conferences, Shop Drawings, Samples, reproductions of
original Contract Documents, progress repons, Shop Drawing
submittals received from and delivered to Contractor and other
Project related documents.
Prepare a daily report or keep a diary or log book, recording
Contractor's hours on the job site, weather conditions, dates
relative to questions of Work Change Directives, Change Orders
or changed conditions, list of job site visitors, daily activities,
decisions, observations in general, and specific observations in
more detail as in the ease of observing test procedures; and send
copies to Consultant and the City's Community Development
Department.
Record names, addresses and telephone numbers of all
contractors, subcontractors and major suppliers of materials and
equipment.
Reports.
no.
Furnish to Consultant periodic reports as required of progress of
Work and of Contractor's compliance with the progress
schedule and schedule of Shop Drawing and Sample submittals.
b. Consult with Consultant in advance of scheduled major tests,
inspections or start of important phases of the Work.
Draft proposed Change Orders and Work Change Directives,
obtaining backup material form Contractor and recommended to
Consultant Change Orders, Work change directives and Field
Orders.
d. Report immediately to consultant and City the occurrence of any
accident.
I0. Payment Requests.
Review partial and final payment requests with contractor for
compliance with the established procedure for their submission and
forward with recommendations to Consultant, noting particularly
the relationship of the payment requested to the schedule of values,
work completed and materials and equipment delivered at the site,
but not incorporated in the Work.
11. Certificates, Maintenance and Operation manuals.
12.
During the course of the Work, the PSR shall verify that
certificates, maintenance and operation manuals and other data
required to be assembled and furnished by contractor are applicable
to the items actually installed and in accordance with the Contract
Documents, and have this material delivered to Consultant for
review and forwarding to City prior to final payment for the Work.
Completion.
Before Consultant issues a Certificate of Substantial
Completion, the PSR shall submit to Contractor a Punch List of
observed items requiring completion or correction.
Observe whether Contractor has performed inspections required
by laws, rules, regulations, ordinances, codes or orders
applicable to the Work, including but not limited to those to be
performed by public agencies having jurisdiction over the Work.
Co
Conduct a final inspection in the company of consultant, City
and Contractor and prepare a final Punch List of items to be
completed or corrected.
Observe whether all items on Final Punch List have been
completed or corrected and make recommendations to
Consultant concerning acceptance and issuance of the Notice of
Final Acceptance of the Work
13. Availability of PSR on Site.
The PSR will be on site on an as-needed but less than full-time basis,
as mutually agreed by Consultant and City.
C. Limitations of Authority by PSR
The PSR shall not:
Authorize any deviation from the Contract Documents or
substitution of materials or equipment (including "or-equal"
items) unless authorized in writing by Consultant.
Exceed limitations of Consultant's authority as set forth inthe
Agreement or the Contract Documents.
3. Undertake any of the responsibilities of Contractor,
Subcontractor, Suppliers or Contractor's Superintendent.
Advise on, issue directions regarding or assume control over
any aspect of' the means, methods, techniques, sequences or
procedures of construction unless such advise or directions are
specifically required by the Contract Documents.
Advise On, issue directions regarding or assume control over
safety precautions and programs in connection with the Work.
Authorize City to occupy the Project in whole or in part.
Participate in specialized field or laboratory tests or inspections
conducted by others except as specifically authorized by
Consultant.
TASK 11
CLOSEOI. IT. The Consultant will provide final certifications and
inspections as required. 'All engineering close-out documents will be
prepared and presented to the local personnel in sufficient time to
complete the project. Final as-built plans denoting all field changes
shall be given to the Consultant by the Contractor. A final as-built
survey to check locations and as-built elevations shall be done by a
surveyor.
The proposed project approach will ensure the necessary close cooperation between the City
officials and staff, affected citizens, and the contractor. This is vital so that the City is assured of
a good project which closes out on time with all objectives accomplished. The City will then be
in a position to receive more funding under available programs.
ATTACHMENT H
OF SUPPLEMENTAL AGREEMENT 2
City shall pay Consultant for all Services rendered under in this agreement: as follows:
1.1
Basic Services. A lump sum of $10,280 for all Basic Services defined in the
Agreement. The above lump sum is in accordance with the fees allowed by the
Florida Department of Community Affairs as governed by the USDA Farmer's
Home Administration Fee Tables I and IA.
1.2
Project Site Representative. The Project Site Representative shall be
compensated for services in a lump sum not to exceed $4,219.
City shall pay Consultant for Additional Services rendered in the Agreement as follows:
2.1
For Services of Consultant's subcontractors performed or furnished, including
subcontractors in the disciplines of land or aerial surveying, landscape
architecture, geotechnical and hydrological services, structural, mechanical and
electrical engineering, architectural design, and specialized inspection services,
the amount billed to Consultant therefore times a factor of 1.15. The City has
the right to approve all subcontractors.
2.2
For services performed by Consultant's principals and employees as consultants
for the City or witnesses in any litigation, arbitration or other legal or
administrative proceeding at the rate of $400.00 per day or any portion thereof
(but compensation for time spent in preparing to appear in any such litigation,
arbitration or proceeding will be on the basis provided in the Master Professional
Services Agreement.) Compensation for Consultant's subcontractors for such
services will be on the basis provided in the Agreement.
2.3 Permit Fees charged by regulatory agencies will be paid separately by City.
2.4
If the Construction Phase is extended for thirty (30) days beyond the construction
contract period identified in the construction contract, City will pay. for
Consultant's costs based on the Hourly Billing Rates identified in the Master
Professional Services A~eement or Consultant's subcontractors fee, if
applicable, times a factor of 1.15 for the additional hours of project
representation and engineering services required due to the construction
extension.
Times of Payments
3.1
Consultant shall submit monthly statements for Basic and Additional Services
rendered and for Reimbursable Expenses incurred each month. The statements
will be based upon Consultant's estimate of the proportion of the total services
actually completed at the time of billing. City shall make prompt monthly
payments in response to Consultant's monthly statements.
3.2
Consultant agrees to await payment until CDBG funds are received by City,
provided City takes all reasonable steps obtain CDBG funds in a timely manner.
Provisions concerning unpaid invoices are defined in the Agreement.
City of Sebastian,
Flori,L.
Subject: First Reading For Proposed
Ordinance That Would Provide For the
Designation of No Parking Areas by Resolution
Approved for Submittal by: City Manager
Agenda No. .~7
Department Origin: City Manager
Date Submitted · 07/02/97
For Agenda of:
Exhibits:
EXPENDITURE
. REQUIRED: N/A
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
Currently Chapter 98 of the City Code delineates a number of specified areas which restrict parking.
However, there is no general procedure that allows additional areas to be designated as non-parking
areas unless an additional Ordinance is adopted. The proposed Ordinance No. 0-97-55 is an enabling
Ordinance would allow the City Council to designate specific areas for which parking would be
prohibited. It would also allow the vehicle to be towed at the owners expense or it could also impose
a civil penalty.
Currently with the increased parking within the right-of-way along Indian River Drive, and new
business enterprises which are impacting public parking areas, this would give an additional tool to
maintain some degree of safety and guarantee public parking for the public.
RECOMMENDATION
Approve the first reading of Ordinance 0-97-55 and set a public hearing date for $utyff3;-199~.
ORDINANCE NO. 0-97-55
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 "DESIGNATION OF 'NO
PARKING' AREAS" PROVIDING THAT THE CITY COUNCIL MAY
ESTABLISH "NO PARKING" OR "RESTRICTED PARKING" ZONES
WITHIN THE CITY OF SEBASTIAN BY RESOLUTION; 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.
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 within the City causing traffic problems
and unsafe conditions on city property; and
WHEREAS, the City Council desires to establish "no parking"
and "restricted parking" zones within the City of Sebastian, in
furtherance of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY the City Council of the
City of Sebastian, Florida, as follows:
Section 1: A new Section to Chapter 98, Article II of the City
of Sebastian Code of Ordinances is hereby created as follows:
Sec. 98-. Designation of No Parking Zones.
(A) The City Council may, by resolution, designate one
or more "no parking" or "restricted parking" zones
within the boundaries of the City of Sebastian. It
shall be unlawful for any person to park, store or
leave any motor vehicle in a designated "no parking"
zone.
(B) Any vehicle .parked in a "no parking" or
"restricted parking" zone will be subject to removal
by the City, at the owner's expense.
(C) Any violation of this section shall be a civil
infraction, subject to a maximum civil penalty of
$100.00 or a civil penalty of $50.00 if the person
committing the offense does not contest the citation.
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: It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance
shall become and be made part of the Code of Ordinances of the City
of Sebastian, Florida, and that the section of this Ordinance may
be renumbered, relettered, and the word "Ordinance" may be changed
to "Section", "Article", or such other word or phrase in order to
accomplish such intention.
Section 5: 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 6: 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
member
. The motion was seconded by Council
member
and, upon being put into a vote, the
vote was as follows:
Mayor Walter W. Barnes
Vice-Mayor Richard J. Taracka
Council member Louise Cartwright
Council member Larry Paul
Council member Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1997.
CITY OF SEBASTIAN, FLORIDA
By:
Walter W. Barnes, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Valerie F. Settles
City Attorney
Cit~ of Sebastian, Florida
Subject: lob Description for Airport Manager
Position
Approved for Submittal by: City Manager
Agenda No. '~ 7, / 7 7
Department Origin: City Manager
Date Submitted · 3uly 9, 1997
Fg,r Agenda ot]: .luly.,, 1, 1997
Exhibits: (D Current Airport Manager Job Description
EXPENDITURE
: :'CeQUm~D:/aon~
AMOUNT BUDGETED:
N/A
APPROPRIATION
KEQ~D: None
SUMMARY
During the "Wish List" Workshop held by the City Council, the City Manager was directed to bring
to the City Council a job description for an Airport Manager position. Attached to this submittal is
a copy of the Airport Manager job description that the City had previously adopted. The job
description appears to be adequate and the only change would be to add "control and coordination
of unicom radio operations" into the second paragraph of Illustrative Duties.
RECOMMENDED ACTION
Approve the Airport Manager position job description with the modification regarding unicom
communications.
A IRpOR T MA NAGER
MAJOR FUNCTION
This is a responsible administrative position in the planning, organizing, directing and coordinating
the operation and maintenance of the municipal airport. The Manager exercises considerable
judgement in effectuating the responsibilities of this position under the direct supervision of the City
Manager.
ILL USTRA TIVE DUTIE$
Plans, directs and inspects the overall operations and maintenance of the municipal airport.
Enforces Federal, State and Local rules and regulations governing the Airport operations. Carries
into effect, under the supervision of the City Manager, the decisions, determinations and policies
of the City Council.
Confers with fixed base operator and members of Federal, State and Local agencies in reference to
Airport safety precautions, runway lights, and of motor equipment operating on the Airport,
performs the control and coordination of unicom radio operations and ensures the condition of the
runways, taxiways, and the adjacent ground is satisfactory. :..
Administers Contracts and Lead/es with business concerns doing business at the Airport. Maintains
good relations and mediates disputes between Airport tenants, users and others concerned with
Airport operations.
Develops plans and prepares reports and recommendations concerning Airport improvements and
usage. Prepares and administers the fiscal budgetary appropriations for the Airport.
Performs related work as required.--t~ g,~ ~ ~
KNOWLEDGE. ABILITIES AND SKILLS
Considerable knowledge of Airport operations and maintenance. Thorough knowledge of Federal,
State and Local regulations and Statutes concerning Airport operations.
Knowledge of rules and procedures required for securing Federal and State funding assistance for
Airport improvements. Knowledge of permitting procedures and requirements for construction
projects.
Ability to plan, assign, review and supervise the work of employees performing diversified
maintenance and operational functions in a manner conductive to full performance and high morale.
Ability to express one's self clearly and concisely orally and in writing, ability to establish and
maintain effective working relationships with persons using the Airport, officials and general public.
MINIMUM OUALIFICA TIONS
Coasider-able experience in Airport Management, operations and maintenance including business
management experience. Graduation fi.om a college or university with a degree in Aviation Science,
Airport Management, Business Management, or closely related field. A comparable amount of
training or experience may be substituted for the minimum qualifications. Commercial pilots license
desirable.
.City of Sebastian, Florida
Subject: Ground and Tower Lease Agreement
Between the City of Sebastian and Primeco
Personal Communications
Approved for Submittal by: City Manager
Agenda No. ~7~.
Department Origin: City Manager
Date Submitted ' July 1, 1997
For Agenda off July 9, 1997
Exhibits: (D Primeco Personal Communications Lease Agreement
EXPENDITURE
REQUIRED: None
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIKED: None
SUMMARY
Primeco Personal Communications, a company providing cellular type communications services
would like to co-locate facilities on the existing Sebastian Police Tower. Such facilities would
be attachment to the existing 125 foot high police communications tower located behind the Police
Department. Primeco's use of the tower would entail a structural addition to the tower, increasing
the overall height to 150 feet above the ground surface. Such extension Would require both the
approval of the FCC and the FAA. The term of the Lease would be for an initial period of five (5)
years with an annual rent of $10,000 per year. The Lease also calls for options which would allow
Primeco to utilize the tower for four (4) additional five (5) year extension periods. Each extension
period shall entitle the City to increase the rent by 20% for each subsequent five (5) year term.
Should the Lease be continued beyond the option period, the term would be from year to year with
&e ability of the City to increase the annual rent by 4% per year.
'7he concept of co-location is an extremely desirable approach to be approved by the Council in
asmuch as, it lessens tower proliferation. Secondly, this provides the City a good opportunity to
increase its revenue without additional costs to the taxpayers of the City.
RECOMMENDED ACTION
Approve the proposed Lease Agreement with Primeco Personal Communications and authorize the
City Manager to execute said lease.
JUN-18-199?
08:3T
' I
May 27,1997
VIA FEDERAL EXPRESS
c/o: City Manager's Office
Ms. Valer~e Settles
1225 Main Street
Sebastian, FL 32958
Re: Ground and Tower Lease Agreement
Dear Ms. Settles:
Enclosed please find
between PrimeCo Personal Communications and City of Sebastian for
your review.
a "Ground and Tower Lease Agreement" I
If you have any additional changes, please send me a copy via
facsimile to (561) 995-5568 or you may contact me at (561) 995-5587
to further discuss.
Sincerely,
Ada Rodriguez
Leasing Administrator
/ar
Enclosure
P. 02
JUN !8'~? 8; ! ! FR PR!MECO PERSONAL COMM 40759555~8 TO
, . ' ...... ; ~'~,.!ia.4'
i GROUND AND TOWER LEASE AGREEMENT
'v*- . ' .~ <,¢ srrE /D: ~Seba.~.iaa eol~
_ (*) ~~ ~ ~~~,
~o as ~ ~ ~y ~ ~g ~ ~
~ ~'1~ ~ ~ l~~l~~~~ .... - .... ,.
1. ~PR~ O ~L~~ '
_ , .... : .... ~
~. . ' ...... ,-- .~ ~ II1~,
~ ~ ~P~ M ~s P~ ~ ~ ~a~ ~ ~ 4. USE OF ~E P~PE~
. (~) ,~,
~ ~ s~ ~ P~ ~ ~ ~ ~ ~ ~~ A .......... ' ~. ~v~
O~R~~~~~a~ S. ~~N
to ~ up~e, In
3. ~RM AND R~T
~ ~ Rem ~
~ (~) oays ~e~ ~ ~ ~mem ~te. ~~ the
~. ~ ~s ~r~
.TUN-18-1997
lr~u~eS at ~ PCS ~y ~e ~ we~s ~ ~ ~
08:38
Pa~e ;
GROUIVD .4tvO TOWER LEASE AGREEMENT
94~; P. 03
(FLOR;D4 ~¢V~95 P. evl
JUN 18'97 8:12 FR PRIME¢O PERSONAL ¢OMM 4079S555S8 TO ,915,6,15892~07 P.04/I~
· !
~.~ ~ ~ ~------_ ._ ~.~,,_ ~ ~ ~ ~ ~ ~:~_~
~e~~~~e .............
C. ~~OWN~q~=~ ~
me r~e- ~-. -'~'i~(~~~~~
~ ~ T~ " · ~. ~ tut w
~ ~ ~ ~ ..... ~.- --~
~. n OWNER (a} ~,,~e~ m, ~.
~ ~ r~ ~ T~' ~ (c) t~ ~ ~m ~ ~ me
I
P~e 2 G~U~ ~0 ~ ~SE AGREEM~T
P. 04
JUN 18'97 8:13 FR PRIME¢O PERSONAL ¢OMM 40799555G8 915~15892207 P.05/12
person ~d beiaw ~o whom r~ices ~e ser~.
· rd.pix~-m j~,.: i561 ) ~995-55(X)
I
P~e ~ G~~R L~SE AG~EEM~'
JUN 18'97 8:15 FR PRIMECO PERSONAL COMM 4079955558 TO 91561589E207 P.07×12
OWNER
,,,
S.S,/1'*-
J]JN-18-1997 08:42
Name;
Its:
t~
JUN 18'~? 8:18 FR PRIMECO PERSONAL COMM 407S955568 TO
T~S ~$T~E~T ~EP~O
I
SHORT FORM L~SE
~~~
' ( - ~~m ' ·
I[l~iNt NAM( SIGI~D MliOY~
P. 08
JUN 18'97 8:17 FR PRIMECO PERSONAL COMM 4079955568 TO 91561589~07 Po09/1~
.~::,,
EXHIBIT "B"
NOTARIES -- SHORT FORM LEASE
,,&
. ~ 9zm'k.r~i~ ~ i~ i~.~:mz~V icr~,vm m me~
(FL OR/O.~ 9/
JUN-l@-1997 08:42
OW~R ~n^CS
JUN
18'97
B: I? FR PRIMECO PERSONAL COMM 4079955568 TO ~!5615892207
ATTACHMENT I
CONSENT TO PERFORM ACQUISITION ASSESSMENT
The undersigned, as ewner of the Site. Property, Premises of Easement, or as
authorized agent or representative of the owner ('Owne~), does hereby grant
permission to PrimeCo Personal Communications, L.P. and its subsidiaries, their
employees, agents, consultants and representatives (herein individually and/or
collectively referred to as 'PRIMECO'), to enter the Site, Property, Premises or
Easement, and contiguous property or properties owned or controlled by the Owner,
known as:
This Permission is granted for the purpose of performing an Acquisition Assessment,
which may include the preparation of an FCC 'Environmental Assessment' (EA) as
defined by the FCC's rules (see 47 CFR. ~1.1301-1.1319).
Due to the type of work to be performed, the Owner hereby agrees to indemnify and
hold harmless PRIMECO from penalties, legal actions or suits from regulatory or third
party sources arising from or related to any existing hazardous waste releases or the
presence of hazardous materials associated with or related to the Site. Property.
Premise or Easement.
By: Date:
Signature
Name
Title
Company
UN-18-1997
08: 42
P. I 0/l 2:I
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
P. 10
SUN
X8'B?
8:17 FR PRiMECO PERSONAL COMM 4079~555G8 TO 915G15892207
ADDENDUM TO GROUND AND TOWER LEASE AGREEMENT
P.11/12
Page 2 of 2
Addendum to Ground and Tower Lease Agreement made and entered into the ....
, 1997 by and CITY OF SEBASTIAN ('Owner') and
PERSONAL COMMUNICATIONS, LP., a Delaware limited partnership ('PCS').
.... day of
PRIMECO
WHEREAS, Owner and PCS wish to incorporate the following terms and conditions into
the Ground and Tower Lease Agreement and in the event of a conflict between the provisions
of this Addendum and those of the Lease, this Addendum shall control.
ContJru~lencies: The parties acknowledge and understand that Owner owns a one
hundred twenty-five foot (125') self-support Tower on the Leased Property. This Agreement
and the obligations of the parties hereunder are contingent upon PCS obtaining, at its sole
cost, any necessary permit, approval or consent, including FAA approval, to enable PCS to
extend the Tower to a height of one hundred fifty feet (150') AGL in accordance with any
specifications required to accommodate PCS's Equipment, all as contemplated under this
Agreement. PCS acknowledges and agrees that if PCS falls to obtain any required permit
or approval for any mason whatsoever, this Agreement shall terminate and both parties
shall be released from all further obligations hereunder, except for those obligations which
expressly survive expiration or termination of this Agreement PCS shall not take any' action
whatsoever with respect to the Permit without Owner's prior written consent.
Plans and Sgecifications fo~.._Structural Enhancement: PCS shall submit to. Owner all
plans and specificationS for structurally enhancing the Tower, the names, addresses and
resumes of all architects, engineers, contractors and other workman in any way involved in
the structural enhancement of the Tower, and a structural analysis providing that the Tower,
as structurally enhanced, will accommodate all equipment located on the Tower, including,
without limitation. Owner's Equipment, and PCS's Equipment, all of which shall be approved
in writing by Owner and such approval shall not be unreasonably withheld or delayed. PCS
shall pay all costs associated with structurally enhancing the Tower including, without
limitation, all material costs, all architectural, engineering and contracting fees, all
certificates, permits, license and approval fees, and all costs incurred by Owner to review
the plans and specifications and to monitor the structural enforcement of the Towes'.
Approved Uses; PC$'s installation of PCS's Equipment on the Tower and the Leased
Property shall be limited to the antennas and other equipment and frequencies approved
and agreed upon in advance by Owner. Further, PCS's structural enhancement to the
Tower. if any, shall be limited to the structural enhancements shown on the plans and
specifications approved by Owner in writing. Owner makes no representation as to the
suitability or lawfulness of PCS's use or occupancy of the Tower or Leased Property or
structural enhancement of the Tower.
JUN-18-1997
Ownership of Structural Enhancement: Upon completion of and payment by PCS for
the structural enhancement to the Tower, such structure enhancement shall become the
property of Owner.
08: 4~
P.11
JUN 18'97 8:18 FR PRIMECO PERSONAL COMFI 40?8955568
5. ~ p~ ~ n~ ~ ~ ~on ~ ~ ~pm~
~u'~ s~u. f~ ~.on ~. (6)L~:~~~. ~ M
-._ ~N ~E~. ~ERE~, me ~ h~to ~ve ' ~d,
~TNE~ES: ~ER: C~ OF
P~nt N~- ~: ,
Pdnt N~:
Pd~ Na~: . 1~: . ..
D~e ex~:
~NE~S: P~: ~M~O ~~LC~u~A~O~,
LP., a ~m
Print Name:
Print Name:
, . By:
Robc-,-~ Keltgen, Technical Director
D'~e executed:_
JUN-18-199T
TOTAL PAGE.O12 .~
P.12
C..ity of Sebastian, Florida
Subject: Wavier of perimeter setback,
Bayrock Investment Center
Approved for Submittal by:
Agenda No. ?Z /o~
Department Origin: Community Development
Date Submitted: July 1, 1997
For Agenda of: July 9, 1997
Exhibits: Site Plan, 6/25/97 letter from R. Mosby to B. Massarelli
EXPENDITURE
REQUIRED:
None
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
SUMMARY
Bayrock Investment Center has requested a wavier of the forty foot perimeter setback
for a proposed gasoline canopy. Section 20A4.6.1.2. of the Land Development Code
requires a forty foot perimeter building setback where a PUD-C does not abut and is
not adjacent to residential development. The code provides for two exceptions: 1. entry
security buildings, and 2. Structures approved by the City Council. The proposed
gasoline canopy is a structure by the code and is governed by this provision.
The site is located at the intersection of CR-512 and Fleming St. in the Chesser's Gap
PUD.
RECOMMENDED ACTION
Consider the request for a wavier of the perimeter setback for a proposed gasoline
canopy.
MOSBY ^SSOOATES;
/_~ ¢ N '~'~, '- Veto Bea~, FIo~da 32961~368
~?.. ~ Telephone~1-56~035 · Fa~lmile: 561-77~617
June 25, 1997
Mr._. Bob M~sarelli
~ty of Seb~ti~
1225 Main Street .
Sebasti~, FL 32958
Subject: Bayrock InvestmenffExxo~urger King~a ~acMmi~a
Seb~ti~, Florida .
Engineer's Project No. 97-226
De~ Mr. M~s~elli:
As discussed on the telephone,
your o~ce. ~e project is located within ~e Chesse~s Gap Co~ereial Pla~ed Unit
Development. Section 20A-4.6.I.2. of
located wi~in forty (40) feet of the outer bo~d~ of ~e PUD dis~ct, excepting ent~ way
security buildings ~d s~ct~es approved by ~e CiW Council. ~e act~l buildings proposed
for the project ~e located ou~ide
which by code is considered a buil~ng, is not ~d encroaches ~e buffer. ~e the e~t of ~e
subject project e~opy is ~ Indi~ ~ver Co~ li~ station site which provides additional
buffer to the commercial propeay to
canopies as a building. B~ed on the provision that ~e City Co~cil c~ allow ~d pe~it
buildings wi~n this 40 foot buffer, we are requesting ~at this item be heard by ~e City Council
to allow the c~opy to encroach the buffe} ~d ~at we be placed on the next available City
Co~cil meeting.
Ple~e advise to the date and time as soon
the above~ee~ plebe
CC:
Mr. Tom Frame
Mr. Matt Bogdovitz
Mr. Andy Fredrick