HomeMy WebLinkAbout12181996 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
SPECIAL MEETING
QUASI-JUDICIAL HEARING(S)
WEDNESDAY, DECEMBER 18, 1997 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK-
1225 MAIN STREET, SEBASTIAN, FLORiDA
CALL TO ORDER ~
ROLL CALL ¢'
I
I 96.258
1-9
OUASI-J-UDICIAL PUBLIC I~EARtNG(SL FINAL ADOPTION
Procedures are located on back of agenda
Conduct Ouasi-Iudicial Hearing on a Special Use Permit Application Submitted by Ioe,
Graham for Special Use Permit (Boat Depot) to Operate Boat Sales Facility at..1021
U.S. 1 (Commercial General Zonin~ - Adoption &Resolution No, R-96-92 (Community_
Development Transmittal 12/12/96. StaffReport. R-96-92)
RESOLUTION NO, R-96-97,,,
~ RESOLUTION OF THE CITY 0F SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA,
AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE
GENERAL COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO
MR_ JOE GRAHAM FOR BOAT SALES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE. , ~ ~/ '
96.243/
96.075
11-18
Bo
Conduct Quasi-~ludicial Hearing and Adoption of Resolution No. R-96-86 ~ Approval of
Minor Subdivision Known as Barber Street Dedication and Accetnance of Plat
(Communi~ Development Transmittal 12/12/96. StaffReport. R-96~86)
RESOLUTION NO. R-96-86
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
APPROVING A MINOK SUBDMSION KNOWN AS THE BARBEK STREET DEDICATION;
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PLAT;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
4. ADJOURN
ANY PERSOhr WHO DECIDES TO APPF_AL ANY' DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MA1TER
CONSIDERED AT THIS MEETING (OR HE.4RING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY ~ TO
ENSURE THAT A FERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPOlff WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYO~ WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CIIT'S ADA COORDINATOR AT 589~5330 AT LF_M~ 48
HOURS IN ADVANCE OF THIS MEETING.
Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-96-87):
· Mayor/Presiding Officer Opens Hearing and Outlines Rules
° City Attorney reads Ordinance or Resolution (ifApplicable)
° IfRequested by Party or Partylntervenor- Clerk/Secretary Administers Oath to Other Parties and/or
Party Intervenors }Vho Intend to Testify
° For Non-Land Use Matters- Disclosure of Ex-Parte Communication
· Staff Initial Presentation
° Inquiry of Staff by Affected Parties through Mayor or Presiding Officer
° Applicant Presentation - Uninterrupted 15 Minutes
· Inquiry of Applicant by Council (or Staff or Affected Parties through Mayor or Presiding Officer)
Proponents' Testimony- 3 Minutes or 10 Minutes if Representing 5 or More
° Inquiry of Proponents by Council/Board
· Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if
Representing 5 or More
· Inquiry of Opponents by Council/Board
° Opening oflnformational Testimony - 3 Minutes or 10 Minutes ifRepresenting 5 or More
Inquiry of Informational Witnesses by Council/Board
Closing of Public Information Period
° StaffResponse and Summary - I0 Minutes (Affected Parties May be Allowed to Make Clarifications or
Asl Questions of Stafj)
° Applicant's Rebuttal Presentation - I0 Minutes (Affected Parties or StaffMay be Allowed to Make
Clarifications or Ask Questions of ApplicanO
City Council/BoardInquiry of Applicants, Opponents or Staff
° Close Hearing and Formal Action
Affected Parties are the Applicant, Staff or Affected l_~ndowners Entitled to Notice Under arty Statute or City
Code.
3
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
) Agenda Number:
SUBJECT: Special use permit for
boat sales on U.S. 1 )
)
)
)
)
Approval for Submittal By: )
)
City Manager ~~)'~
)
)
)
)
Dept. Origin:
Community Dev.
(RM)
Date Submitted:
For agenda Of:
Exhibits:
1.
2.
12/12/96
12/18/96
Staff report
Resolution R-96-92
EXPENDITURE
REQUIRED:
AMOUNT
BUDEGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Mr. Joe Graham has applied for a special use permit to sell boats on U.S. 1, on the
west side, just south of Main Street. The site for the proposed use is located in the
general commercial zoning district (GC). Boat sales are only allowed in the general
marine commercial zoning district (GMC). GMC is typically found east of Indian River
Drive. Auto sales are allowed in the GC district and it is the staffs opinion that auto
sales are similar in nature to boat sales.
The Planning and Zoning Commission has review this application and recommends
approval.
RECOMMENDED ACTION
Hold a public hearing and approve of Resolution R-96-92.
6.
7.
8.
Community Development Department
Special Use Permit Application - Staff Report
Project Name:
Requested Action:
Project Location
a. Address:
b. Legal:
Project Owner:
Boat Depot
The applicant requests a special use permit to operate a
boat sales facility on US 1.
1021 US 1
Parcel #1, Lot 5, Block 2, W. A. Martin Subdivision, Plat
Book 3, Page 12, public records of St. Lucie County.
Indian River County Parcel Number:
Mr. Joe Graham
2420 Hampton Bddge Road
Delray Beach, Flodda 33445
Project Agent:
Project Engineer:
Project Attorney:
Project Description
a.
Narrative of proposed action: The applicant has requested
permission to open a boat sales facility on US 1. The current zoning of
the parcel, CG, does not allow boat sales. Boat sales are only permitted
in the General Madne Commercial district, Vehicular sales and related
services are permitted uses in CG.
b. Current Zoning: CG
c. Adjacent Properties
Zoninc~ Curren~t Land Us~e Future Land _Us._~e
North: CG Trailer Park CG
East: CL commercial CG
South: CG commercial CG
West: iN railroad IN
d. Site Characteristics
(1) Total Acreage: approximately .38 acre
(2) Current Land Use(s): vacant, formerly a restaurant.
(3) Soil: St. Lucie sand
(4) Vegetation: urban
(5) Flood Hazard: zone X
(6) Water Service: Indian River County
(7) Sanitary Sewer Service: Indian River County
(8) Parks: Main Street Boat ramp
(9)Police/Fire: Police: 2,000 ff. east on Main Street
Fire: 3,500 ft. north on US 1
9. Comprehensive Plan Consistency
a. Future Land Use: consistent
b. Traffic Circulation: consistent
c. Housing: consistent
d. Public Facilities: consistent
e~ Coastal Management: consistent
f. Conservation: consistent
g. Recreation and Open Space: consistent
10.
11.
12:
13.
14.
15.
16.
Is the granting of the special use permit detrimental to the public safety,
health or welfare or injurious to other properties or improvements within
the immediate vicinity in which the property is located?
The requested use is not detrimental to the public safety, health or welfare nor
is it injurious to other properties or improvements in the immediate vicinity.
Is the use requested consistent with the purpose and intent of the
respective zoning district, and can it be demonstrated to be similar in
nature and compatible with the uses allowed in the zoning district?
As it was indicated above, vehicular sales is a permitted use within the CG
zoning district. This involves the outside storage of cars and trucks. Boat sales
are of a similar nature to vehicular sales. Therefore, boat sales is consistent with
the purpose and intent of the CG zoning district and is similar in nature to and
is compatible with the uses allowed in the CG district.
Additional considerations: The Riverfront Advisory Committee will be making
a recommendation to the City Council for the establishment of a single zoning
distdct for the dven'ront area. Boat sales, currently limited to GMC ( which is
typically only east of Indian River Ddve) would, as envisioned by this proposal,
be allowed through the riverfront area.
Other Matters: The Planning and Zoning Commission has considered this
matter and recommends approval of the special use permit for boat sales.
Analysis: The applicatiOn is for boat sales on US 1. Vehicular sales, similar
in appearance and intensity of use is currently allowed in the CG zoning district.
Boat sales would be compatible in the CG zoning district.
Conclusion: The requested special use permit for boat sales on US 1 is
consistent with the Comprehensive Plan, the Code of Ordinances and the Land
Development Code.
Recommendation: It is recommended that the City Council approval of the
application for a special use permit for boat sales on US 1.
PREPARED BY DATE
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I RESOLUTION NO. R-96-92
I A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, FINDING THAT BOAT SALES IS NOT
DETRiMENTIAL TO THE PUBLIC SAFETY, HEALTH AND
I WELFARE AND IS CONSISTENT WITH THE PURPOSE AND
INTENT OF THE GENERAL COMMERCIAL ZONING
DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR, JOE
I GRAHAM FOR BOAT SALES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS
i OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
i WlTE~REAS, Mr. loe Graham has applied for a special use permit for boat sales;
and
I WHEREAS, the Planning and Zoning Commission of the City of Sebastian has
considered this application and has found that the requested special use permit is not
detrimental to the public safety, health or welfare nor is it injurious to other properties or
I improvements within the immediate vicinity and that the proposed use is consistent with
the purpose and intent of the general commercial zoning district and the use is similar with
the uses allowed in such a district; and
i WHEREAS, the Planning and Zoning Commission of the City of Sebastian has
recommended approval of the requested special use permit,
I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
i THE CITY OF SEBASTIAN, INDIAaN RIVER COUNTY, FLOIRDA, as follows:
SECTION 1. FINDINGS OF FACTS: The City Council of the City of
iSebastian, after considering the evidence presented at the hearing, finds as follows:
1. The requested boat sales is not detrimental to the public safety, health or
i welfare or injurious to other properties or improvements within the
immediate vicinity; and,
I 2. The proposed use is consistent with the purpose and intent of the general
commercial zoning district and is similar in nature and compatible with uses
allowed in such a district.
SECTION 2. APPROVAL: The City of Sebastian hereby approves a special use
permit for Mr. Joe Graham to conduct boat sales at 1021 U. S. 1, Sebastian, Fl.
SECTION 3. SEVERABILITY: If any section or part of a section of this
Resolution is declared invalid or unconstitutional, the validity, force and effect of any
other section or pan of a section of this resolution shall not thereby be affected or
impaired unless it clearly appears that such other section or part of a section of this
Resolution is wholly or necessarily dependent upon the section or pan of a section so held
to be invalid or unconstitutional.
SECTION 4. CONFLICTS: All Resolutions or pans thereof in conflict herewith
are, to the extent of such conflict, superseded and repealed.
SECTIONS. EFFECTIVE DATE: This Resolution shall take effect
immedi~doption.
The foregoing Resolution was moved for adoption by Councilmember
~. The motion was seconded by Councilmember
~ and, upon being put into a vote, the vote was as follows:
Mayor Louise R. Canwright
Vice-Mayor Walter Barnes
Councilmember Norma J. Damp ~
Counciimember Raymond Hailoran
Councilmember Richard Taracka ~
The Mayor thereupon declared this Resolution duly passed and adopted this
day of ,1996 -
City of Sebastian, Florida
By:~ __
Louise R. Cartwright, M---~yor
ATTEST:
(Seal)
Approved as to Form and Content:
City of Sebastian
I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Approval of minor )
subdivision known as Barber Street )
Dedication and acceptance of plat. )
Approval for Submittal By:
)
)
)
)
City Manager~ c/,J. ~~,)
~ )
)
)
)
Agenda Number:
Dept. Origin:
Date Submitted:
For agenda Of:
Exhibits:
1.
2.
Community Dev.
(RM)
12112196
· 12118196
Staff Report
Resolution R-96-86
EXPENDITURE
REQUIRED:
AMOUNT
BUDEGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
For the past several years, the city has been attempting to change the alignment of the
eastern end of Barber Street. The staff has been working toward achieving that goal.
The first step is to accept the dedication of the right-of-way for the existing street.
Mr. Hyatt has filed a minor subdivision plat for the dedication of the street right-of-way.
The staff report on that application is attached for your information.
The Planning and Zoning Commission has reviewed the proposed plat and
recommends approval subject to the City Attorney's review and approval.
RECOMMENDED ACTION
Approve of Resolution R-96-86.
2.
3.
4.
6.
7.
8.
Community Development Department
Minor Plat Approval Application,- Staff Report
Project Name:
Requested Action:
Project Location
a.
b.
C.
Project Owner:
Barber Street Dedication
approval of a minor plat for the Barber Street extension
Address: Barber Street west of US 1
Legal:
Indian River County Parcel Number:
Nelson Hyatt
Village of Lake Dolores, Inc.
Sebastian, FL
Project Agent:
Project Engineer:
Project Attomey:
Project Description
a.
Narrative of proposed action: The east end of Barber Street has
never been platted. This application will establish the right~of-way for
Barber Street from Bdstol to US 1.
b. Current Zoning:
c. Adjacent Properties
Zoninq
North: PUD(MH), IN
CL, CG
East:
South: PUD(MH), CL, CG
PUD (MH)
Current Land Use
vacant
vacant
Park Place
Future Land Use
MH, IN, CL, CG
MH, CL, CG
10.
West:
d.
Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil:
(4) Vegetation:
(5) Flood Hazard:
(6) Water Service:
(7) Sanitary Sewer Service:
(8) Parks:
(9) Police/Fire:
Comprehensive Plan Consistency
a. Future Land Use:
b. Traffic Circulation:
c. Housing:
d. Public Facilities:
e. Coastal Management:
f. Conservation:
g. Recreation and Open Space:
Contents of Minor Plat:
a.
7.01 acres
Barber Street
Immokalee fine sand
Astatula sand
Myakka fine sand
cleared
zone X
Indian River County Utilities
Indian River County Utilities
N/A
N/A
consistent
consistent
consistent
consistent
consistent
consistent
consistent
name and address of the owner of the property being subdivided:
Mr. Nelson Hyatt
Village of Lake Dolores, Inc.
Sebastian, FL
name and address of the land surveyor who prepared the plat and
the date of preparation:
Hayhurst Land Surveying, Inc.
1122 Old Dixie Highway, Suite 2-B
Vero Beach, FL 32960
all dimensions, expressed in feet and decimals of a foot, and north
point along with a graphic scale:
provided
boundaries of the property being subdivided and of all the resulting
lots, showing al bearings and dimensions as determined by an
accurate survey in the field:
provided
location and description of all permanent monuments, set at such
critical points and so interconnected and dimensioned that any
registered land surveyor can layout lots in the subdivision correctly
by referring to the plat alone without any additional information:
provided
location and ownership pf all adjoining property and the location,
names and widths of all adjoining streets and easements:
provided
names, location and widths of any areas to be dedicated to public
use and any easements to be dedicated for the installation of
utilities, all fully dimensioned and identified:
provided
a key map, showing the relative location of the proposed subdivision
to the nearest existing arterial street intersection and the section,
township and range and fie-in to the nearest comer:
provided
all signatures shall be made in indian ink on all prints of the original
plat being submitted:
provided
3
the city council's certificate of approval shall be on the page of the
record which contains the drawing:
provided
11. Fee paid
12. City Engineer's review:
13. City Attorney's review:
14. Other Matters:
15. Analysis:
16. Conclusion:
none
17.
none
none
The application is to provided the right-of-way for Barber Street
from Bdstol Street to US 1.
The application is consistent with the comprehensive plan, code
of ordinances and the land development code
Recommendation:
Approval of the minor plat for Barber Street from Bdstol to
US 1.
PREPARED BY
DATE
4
RESOLUTION NO. R-96-86
A RESOLUTION OF TIlE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING A MINOR SUBDMSION
KNOWN AS TltE BARBER STREET DEDICATION;
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE PLAT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Mr. Nelson Hyatt has applied for approval of a minor subdivision
known as the Barber Street Dedication; and
WItEREAS, the Planning and Zoning Commission of the City of Sebastian has
reviewed and recommends approval of the proposed plat; and
WHEREAS, Barber Street is an existing road critical to the transportation
network of the City,
NOW, Tll]EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section '1. PLAT APPROVAL. The final plat of the Barber Street
Dedication, as prepared by Hayhurst Land Surveying, Inc., dated Aprol 2, 1992, and
revised on August 15, 1996, is hereby approved due to its compliance with Section 20A-
16.3 of the Land Development Code.
Section 2. EXECUTION. The Mayor 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, the plat.
Section 3. RECORDING. The Grantee shall record this plat in the Official
Records of Indian River County, Florida, and shall provide the City Clerk of the City of
Sebastian with a copy of the recorded plat indicating the book and page at which the plat
is recorded.
Section 4.
hereby repealed.
CONFLICT. All resolutions or pans of resolutions in conflict are
Section 5. SEVERAB[LrrY. In the event a court of competent jurisdiction
shall hold or determine that any part 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 6.
upon final passage.
EFFECTIVE 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 Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember R/chard J. Taracka
day of
The Mayor thereupon declared this Resolution duly passed and adopted this
,1996.
CITY OF SEBASIAN, FLORIDA
ATTEST:
By:
Louise R. Cartwright, Mayor
Kathryn M. O'Halloran, CMC/A.A.E
City Clerk
(Seal)
Approved as to Form and Coment:
Valerie Settles
City Attorney
. .
ALL AGENDA CITY CLERK
the deliberation of the
prtor to
the meeting- limit often
AND/OR DELETIONS)
added only upon majority vote of the Council
96.259
7,
8.
9.
19-30
96.260
31-47
96.025A
49-54
PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Presentation of Plaque - Employee of the Year 1996
CONSENT AGENDA ..A./a b '¢gi/'/,¢'~ //¢~¢/'¢7 ,¢.,.~? ~".,,~
,41l items on the consent agenda are considered to be routine and will be enacted by one motion.
I
There will be no separate discussion of consent agenda items unless a member of Ci~ Council
so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 12/11/96 Workshop, 12/11/96 Regular
Bid Awards for Annual Material Contract for Coquina Shell Base Material to Blackhawk
Quarry of Florida, Inc. - Annual Material Contract for General Fill to L.I. Tree Service -
Annual Material Contract for Road Stabilization Material and Sand to Henry Fischer and
Sons, Inc. (Public Works Transmittal 12/11/96, Bid Opening Form, Bid Review and
Recommendation Forms, Blank Contract)
Co
Approve First Addendum to the Agreement with Solin and Associates, Inc. -
Comprehensive Plan and Land Development Code Amendments (Community
Development Transmittal 12/12/96, Agreement Addendum)
2
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PUBLIC HEARING
Procedures for public hearings: (R-96-53)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
I · Staff Presentation
· Public Input - Limit of 10 Minutes Per Speaker
o Staff Summation
I · Mayor Closes Hearing
· ° Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the
I Podium and State His/Her Name for the Record ·
96.112 A. Conduct Public Hearimt In Accordance with F.S. 197.3632 (3~(a~ and Ador)t Resolution
I 55-60 No. R-96-90 - Electin~-to Use UnifOrm Method of Collectine:Nc~n-Adval0~'em Sr~ecial
m Assessments for Storn~water Management and Road Proiect~ and Services (City ~ana~er
/ Transmittal 12/12/96. R-96-90~ - - '^ ~ -
_ / ~ SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY;
~ ]'X,~ STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS
~ -- RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
I 96.028B B. Conduct Public Hearim, and Adorn Resolution No. R-96-93 Annrovimt the Evaluation
' 61-64 and At~oraisal Reoort i~AR~ PrePared bv S°lin and Associates~ inc.- ~uthorizeCitv
_ Manager to TranSmit Rer)ort to Denartment of Community Affairs (Community
I DevelOpment Transmittai 12/12/96~ Report under Separate Cover)'
-- RESOLUTION NO. R-96,93
I A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
sa ACCEPTING THE 1996 EVALUATION AND APPRAISAL REPORT OF THE CITY OF
I SEBASTIAN; AUTHORIZING THE TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
-- COMMUNITY AFFAIRS, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
_ RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
I PROVIDING FOR AN EFFECTIVE DATE.
I
96.032
65-68
96.253
69-80
96.261
85-81
96.262
87-90
96.129
91-97
96.130
99-106
11.
12.
13.
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
Skydive Sebastian Driveway Request (City Manager Transmittal 12/12/96, 11/13/96
Agenda Backup)
Approye Skydiver Landing in Riverview Park Subject to Appropriate Certificate of FAA
Approval Pursuant to Section 105.15 FAR's and Designated Landing Area - Provide
Direction to City Manager for Future Approvals (City Manager Transmittal 12/12/96, Part
105 Air Traffic and General Operating Rules)
NEW BUSINESS
Ao
First Reading. Set Second Reading and Public Hearing for Ordinance No. O-97~01 on
January 8. 1997 - Code Enforcement Board Counsel (City. Manager Transmittal 12/12/96
ORDINANCE NO,. O-97-01
AN ORDiNANCE OF TIIE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMElqDiNG SECTION 2-188 AND 2-189 OF THE CITY OF
SEBASTIAN CODE OF ORDiNANCES ENTITLED "LEGAL COUNSEL" AND "CITY
ATTORNEy" RESPECTIVELY PROVIDNG FOR REPRESENTATION OF CODE
ENFORCE~ BOARD BY CITY ATTORNEY; PROVIDiNG FOR PRESENTATION OF
CASES TO CODE ENFORCEMENT BOARD BY BUILDiNG DEPARTMENT
REPRESENTATIVE OR LEGAL COUNSEL; PROVIDING FOR REPEAL OF iNCONSISTENT
PROVISIONS; PROVIDING FOR SEVERABILrrY; PROVIDING FOR AN EFFECTIVE DATE.
First Reading Set Second Reading and Public Hearing for Ordinance No. O-97-02 for
January 8, 1997- Unlawful to Park Vehicles Advertised for Sale on Public Property_ (Ci~
Manaeer Transmittal 12/12/96. O-97-02~
ORDINANCE NO. O~97-02
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 6-1 OF THE CITY OF SEBASTIAN CODE OF
ORDINANCES ENTITLED "POSTING SIGNS" PROVIDING THAT IT IS UNLAWFUL TO
PARK, STORE, OR LEAVE MOTOR OR OTHER VEHICLE ON PUBLIC PROPERTY FOR
THE PURPOSE OF ADVERTISING SAID VEHICLE FOR SALE; PROVIDING EXCEPTION;
ESTABLISHING PRESUMPTION; PROVIDING FOR REPEAL OF iNCONSISTENT
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Review Resolution No. R-96-53 - City Council Meeting Procedures (R-96-53)
Review City Council Pending List (List)
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15.
16.
INTRODUCTION OF NEW BUSINESS FROM THE PUBI~IC
Which is not otherwise on the agenda - limit of ten minutes for each speaker
C1TYCOUNC~MATrERS
C.
D.
E.
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
ADJOURN (All meetings beginning at 6:00 p.m. shall adjourn at 9:30 p.m. unless extended for
one half hour by a majority vote of City Council..411meetings beginning at 7:00 p.m. shall
adjourn at 10:30 p.m. unless extended for one half hour by a majority vote of City Council)
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE B Y THE CITY COUNCiL YY1TH RESPECT TO ANY
MAT1ER CONSIDERED AT THIS MEETING (OR HF_.ARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO EIVSURE THAT A FERBAT~I RECORD OF THE PROCEEDINGS IS MADE, ltq-IiCH RECORD
INCLUDES THE TEST1MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 KS.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABIHTIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR TH1S ~G SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Upcoming City Council Meetings:
Regular Meeting- Wednesday, January 8, 1996 - 6:00 p.m.
Regular Meeting- Wednesday, January 22, 1996- 6:00p. m.
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 a FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
WORKSHOP
WEDNESDAY, DECEMBER 11, 1996 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
Mayor Cartwright called the workshop to order at 6:00 p.m.
The Pledge of Allegiance was recited.
City. Council Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
StaffPresent:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Director of Community Development
Bob Massarelli
Deputy City Clerk, Sally Maio
City Council Workshop
December 11, 1996
Page Two
96.250
WORKSHOP ITEMS
A. Review and Comment on Pror~osed Land Development Code Procedures (Community
Development Transmittal 12/4/96. Outline of Existing and Proposed Procedures)
The Director of Community Development briefly explained planned major revisions to the
Land Development Code to correct errors and inconsistencies and bring it in line with the
Comprehensive Land Use Plan, and presented proposals for amendment to Land
Development Code procedures. (See flow charts attached).
He advised that home occupational licenses are currently handled both by the Clerks
office and Community Development and will need a comprehensive review and budget
revision, therefore, procedures will not be amended at this time.
The Director said he would like to implement the amendments by April 1, 1997 and
sought guidance from City Council as to how it wished to review the fffieen proposed
ordinances needed to amend the Land Development Code. It was decided that he will list
the ordinances for Council, make a recommendation as to which might require workshop,
and Council will call workshops accordingly.
He said procedures for rezoning and comprehensive land use plan amendments set out by
Florida Statutes will be referred to as such since existing procedures in the LDC are
inconsistent. He said all fifteen ordinances should be ready by next Thursday.
The City Manager suggested the ordinances be reviewed at a workshop prior to the
meeting at which the ordinances are brought to Council for first reading.
Being no further business, Mayor Cartwright adjourned the Workshop at 6:42 p.m.
Minutes approved at the December 18, 1996 Regular Meeting.
ATTEST:
Louise Cartwright, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, DECEMBER 11, 1996 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLOR[DA
Mayor Cartwright called the Regular Meeting to order at 7:04 p.m.
The Pledge of Allegiance was recited.
Chaplain Camillo was not in attendance for the invocation.
ROLL CALL
City Council Present:
Mayor Louise Cartwright
Vice Mayor Waiter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
StaffPresent:
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Director of Community Development
Bob Massarelli
Public Works Director, Richard Votapka
Finance Director, Joel Haniford
Human Resources Director, Philip Bowers
Chief of Police, Randy White
Deputy City Clerk, Sally Maio
Regular City Council Meeting
December 11, 1996
Page Two
AGENDA MODllqCATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of the Council
members present (R-96-53)
None.
PROCLAMATIONS~ANNOUNCEMENTS AND/OR PRESENTATIONS
None..
CITY ATTORNEY MATTERS
The City Attorney said she had two ordinances for first reading ncx-t week regarding the City
Attorney as Code Enforcement attorney and automobiles with for sale signs on city property.
CITY MANAGER MATTERS
The City Manager introduced Human Resources Director, Phil Bowers; and reported on the
revenues from the December 7, 1996 auction.
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be enacted by one motion.
There will be no separate discussion of consent agenda items unless a member of City Council
so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 11/20/96 Workshop, 11/20/96 Regular Meeting
Regular City Council Meeting
December 11, 1996
Page Three
96.079 B.
96.251 C.
96.252/ D.
95.212
96.149 E.
96.253 F.
Adoot Resolution No. R-96-91~- Adopting Budget for Riverfront Waterline Assessment
Debt Service Fund .('Finance Director Transmittal 11/27/96L R-96-9.1)
RESOLUTION NQ. R-96-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORZDA, ESTABLISHING THE DEBT SERVICE FUND
AMOUNTS NECESSARY TO CARRY ON THE ACTMTIES OF THE
RIVERFRONT WATERLINE ASSESSMENT PROGRAM AND ESTI2VIATiNG
RECEIPTS FOR THE FISCAL YEAR; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Authorize Mayor to Execute Quit Claim Deed to Indian River County - Water
Plant Site at Park Place (Lake Dolores) (City Manager Transmittal 12/3/96,
Chastain Letter 11/21/96, Proposed Quit Claim Deed, '89 Agreement, '90
Warranty Deed, County Attorney Memo 3/23/93, County Minutes 3/9/93,
Property Appraiser Summary Screen, Location Map)
Approve Florida Department of Environmental Protection Modified Sovereign Submerged
Lands Easement - Riverfront Shoreline Stabilization Project Wave Break (City Manager
Transmittal 12/3/96, SJRWM Letter 11/22/96, DEP Letter 11/18/96, Proposed
Modified Lease, Map, Revised Legal Description of Wave Break, Cross Sections)
Approve Application for Tree City USA Program as Recommended by Tree Advisory
Board (Community Development Transmittal 12/4/96, Application)
Sebastian River Area Chamber of Commerce Request to Allow Barbecue Vendor in
Riverview Park on 12/20/96 for Employee Appreciation Night (City Manager Transmittal
12/5/96, Chamber Letter 11/15/96)
The City Manager read the consent agenda and the City Attorney read Resolution No.
R-96-91 by title.
Mr. Barnes and Mayor Cartwright removed item F.
Regular City Council Meeting
December 11, 1996
Page Four
MOTION by Halloran/Bames
I move to approve all items on the consent agenda with the exception ofF.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
Item F - Chamber of Commerce
Sal Neglia, 461 Georgia Boulevard, Sebastian, inquired whether this was truly an
employee appreciation night or a fundraiser for the Chamber.
Mr. Barnes said he did not think this was a well thought out function and expressed
concern for closing offthe cavcorp property for skydivers and whether it was a good idea
to close Cavcorp to parking.
TAPE I - SIDE II (7:12 p.m.)
Mr. Barnes questioned why there were vendors in the park during Winter Wonderland.
The City Manager said they were not approved and that he would bring back information
on the skydive request at the next meeting.
MOTION by Bames/Cartwright
I'll make a motion to approve the Chambers' request for the barbeque with
hopefully further information or not consider the application right at the moment for the
skydive.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Camvfight - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
4
Regular City Council Meeting
December 1 i, 1996
Page Five
10. PUBLIC ltEARING - None
11. COMMITTEE .REPORTS/RECOMMENDATIONS
A. Construction Board
Interview Applicants and Appoint as Follows: (Communi~ Development
Transmittal 12/5/96. Five Applications)
City Council interviewed Pierre Paquette, Louis Nicolini, Jerry Smith, and Frank Garland.
96.254a
ao
Alternate Concerned Citizen Position - Unexpired Term to Expire 9/30/98
- Board Recommends Pierre Paauette
MOTION by Bames/Taracka
I'll make a motion to appoint Louis Nicolini.
ROLL CALL:
Mr. Halloran - nay
Mr. Taracka - aye
Mrs. Cartwright - nay
Mr. Barnes - aye
Mrs. Damp - nay
MOTION FAILED 2-3 (Halloran, Cartwright, Damp - nay)
MOTION by Halloran/Cartwright
I move to nominate Mr. Paquette.
ROLL CALL:
Mr. Taracka - nay
Mrs. Cartwright - aye
Mr. Barnes - nay
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 3-2 (Taracka, Barnes - nay)
Regular City Council Meeting
December 11, 1996
Page Six
96.254b
96.255
12.
13.
p, eappointment oflerald Smith_ Sr,
MOTION by Bames/Taracka
I'll make a motion to appoint Jerald Smith, Sr.
ROLL CALL: Mrs. Camvright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
OLD BUSINESS - None
NEW BUSINESS
A. Discuss SalaH Increase for City Clerk (Magor Cartwright Memo 12/4/96)
Mayor Cartwright recommended 5%; and Mrs. Damp recommended 6%.
Herbert Storm, 549 Saunder$ Street, Sebastian, objected to an increase.
Tut Connolly, 149 Kildare Drive, Sebastian, concurred with an increase.
MOTION by Damp/HaHoran
I move that we give Ms. O'Halloran 6%.
Regular Member Position - Term to Expire 9/30/99 - Board Recommend~
6
Regular City Council Meeting
December 11, 1996
Page Seven
96.256 B.
ROLL CALL:
Mr. Barnes
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwfight
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
Approve and Authorize Mayor to Execute Three Party A~eement - City of Sebastian_
Indian. River County_ and Nelson Hyatt - Reali~munent of Barber/U.S. 1 Median Cut (City
Manager Transmittal 12/5/96. Davis Memo 10/23/96L Proposed A~eement. Map in City_
Clerk's Office for Review)
The City Manager briefly explained the purpose of the agreement and the realignmem of
Barber Street and recommended approval.
MOTION by Damp/Barnes
I move to approve the three party agreement and to authorize the Mayor to
execute the agreement.
ROLL CALL:
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
Regular City Council Meeting
December 11, 1996
Page Eight
96.257 C.
Elkcam Waterway (FP&L) Crossing- Direct City_ Manager to Pursue Utilization
ofTriploidCarp (Ci~Manager Transmittal 12/5/96. Hill Memo 12/5/96. DEP
Letter 11/26/96L PW Memos 10/13/96 and 11/5/96~
The City Manager gave a brief history of the removal of the pipe in the Elkcam Waterway
by FPL at the request of the City and the resulting condition of the waterway.
John Hill, Craven Thompson and Associates, Inc., exhibited the subject area in drawings
and photos showing the water levels before and a/~er removal of the pipes. He discussed
the proposed Elkcam Dam.
TAPE II - SIDE I (7:58 p.m.)
Mr. Hill reviewed two possible solutions, i.e., a Iow water dam and a dredging alternative
and sought direction from Council.
The City Manager discussed the use oftriploid carp as a means to eliminate hydfilla and
some other forms of vegetation and reduce the need for chemicals in the waterway.
The Public Works Director said that Fish and Wildlife had approved stocking 100 carp but
would require a flow through barrier.
Martha Winninger, 106 Thunderbird Drive, Sebastian, reviewed the agenda backup,
correcting certain statements and recommended that Craven Thompson assume some of
the financial responsibility for correcting the problem since it had recommended removal
of the pipes;
Mayor Cartwright recommended use of the carp and dredging but objected to the low
earthen dam; Mr. Halloran concurred with the carp and dredging with an alternate for the
contractor keeping the sand; Mr. Taracka concurred with the carp and dredging; Mr.
Barnes concurred with the carp and dredging; and Mrs. Damp concurred with carp and
dredging.
Council concurred that the work be bid.
Regular City Council Meeting
December 11, 1996
Page Nine
14.
INTRODUCTION OF NEW BUSINESS FROM THE PIJBL][t~
Which is not otherwise on the agenda - limit of ten minutes for each speaker
Herbert Storm, 549 Saunders Street, Sebastian, read from Florida Rules of Court and discussed
the City Attorney's statement that she is not the appropriate person to bring a complaint against
Steven Lulich.
Al Vilardi, 445 Georgia Boulevard, Sebastian, expressed concern for the manner in which the
Skydiving planes land;
TAPE II - SIDE li (8:45 p.m.)
and inquired about the City's need for the public utility tax. Mr. Barnes said he had received
many complaints from residents about the skydive planes. The City Manager said his office has
been receiving complaints, noting that the temporary change of runways has contributed. He said
that one of the planes used is extremely loud because of the prop and that he has talked to Mr.
Grimwade about it.
15.
Kay DiStefano, 334 Orange Avenue, Sebastian, discussed damage to her street and mailboxes by
drive-by vehicles and requested additional street lights and increased police presence.
Joseph DiStefano, 334 Orange Avenue, Sebastian, discussed the need for increased police
presence; and said in the industry the skydive plane's approach is called "coming in hot and high".
CITY COLrNCIL MATTERS
A. Mr. Richard Taracka
None.
Mayor Louise Cartwfight
None.
9
Regular City Council Meeting
December 11, 1996
Page Ten
Vice Mayor Walter Barnes
Mr. Barnes recommended that boat trailer parking be addressed as soon as possible. The
Director of Community Development said the Riverfi'ont Committee will look into overall
parking next Monday night. Mr. Barnes requested that the pending list be on the
December 18, 1996 agenda.
D. Mrs. Norma Dam~
None.
E. Mr. Raymond Halloran
In response to Mr. Halloran, the City Manager gave an update on runway 4-22
construction. Mr. Halloran requested that Council revisit Resolution No. R-96-53 at the
next meeting, regarding Introduction of New Business from the Public to ascertain what
"new" business is. City Council concurred. Mayor Cartwright suggested the entire
resolution be reviewed.
16. Being no further business, Mayor Cartwright adjourned the Regular Meeting at 9:14 p.m.
10
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 a FAX (561) 589-5570
AGENDA REQUEST FORM
SUBJECT: Bid Awards for Annual ) Agenda No. ¢)~·
Materials Contracts for )
Coquina Shell Base Material, )
General Fill, Road Stabilization ) Dept. of Origin D~t. of Public Work&
Material, and Sand )
)
) Approved by PW Director"~ d'
)
Approved for Submittal By: ) Date Submitted' December ! 1,.. 1996
. )
city Manager Agenda of Deoem. . r.18, ,996 ....
)
) Purchasing Agent _-~~._~',~,'/_ .~e~w.t..~~
)
-. ) Extffbits: Bid Opening Results Form, Bid ) Review and Recommendation Forms, and Blank
) Contract
EXI>ENDITURE AMOUNT APPROPRIATION
REQUIRED: N/A BUDGETED: N/A REQUIRED: 0
SUMMARY STATEMENT
Bids for the Annual Materials Contract for Coquina Shell Base Material, General Fill, Road
Stabilization Material, and Sand were opened on December 10, 1996. Bids were received ~om
Blacldaawk Quarry of Florida, Henry Fischer and Sons, and L. I. Tree Service. The Bid Review
Conax~ee met on December 10 and recommended that Blackhawk Quarry be awarded the Coquina
Shell Base Material Contract; L. I. Tree Service be awarded the General Fill Comract; and Henry
Fischer and Sons be awarded the Road Stabilization Material and Sand Contract based on their unit
price comparison. Three separate contracts have been prepared for all three vendors.
All materials will be purchased on an as-needed basis as per the unit price. There is no
minimum guaranteed quanitity to be purchased per year.
A copy of a blank contract which w~l be used with each of the three vendors is attached. The
remaining Bid/Contract Documents are on file ia the City Clerk's office. The contract language
has been approved by City Attorney Valerie Settles for legal form and sufficiency.
RECOMNtENDED ACTION
Move to award the Annual Material Contract for Coquina Shell Base Material to Blackhawk
Quarry of Florida, Inc.; the Annual Material Contract for General Fill to L. I. Tree Service; and the
Annual Material Contract for Road Stabilization Material and Sand to Henry Fischer and Sons, Inc.
I
I
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I
I
I
I
i
I
I
I
i
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I ~
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IJJ
0
FOR PROVIDING ANNUAL MATERIALS
THIS AGREEMENT, made this day of , 1996 by
and between the City of Sebastian, a Municipal Corporation
organized and existing under the laws of the State of Florida
(hereinafter called the "City"), and .or
it's successors, executors, administrators, and assigns
(hereinafter called "Vendor"):
W I T N E S ~E T H:
The City and Vendor for good and valuable consideration as
hereinafter set forth, do mutually agree as follows:
1. Scope of Wgrk. Vendor agrees to furnish and deliver
(not install) the following materials to the City of Sebastian, if
and when requested, on an as-needed basis:
The City shall not be bound by any minimum, maximum or
exact quantities. The minimum quantity may be as small as one load
per day but there is no guarantee as to whether any of the above
materials will be needed on any given day, or at all. The
Contractor shall be responsible to deliver to various locations
exclusively within the City limits of the City of Sebastian.
2. _Contract Documents.
(a) The Contract Documents consist of this Agreement,
Notice of Invitation to Bid, Instructions for Bidders, Bid Form,
Bid Specifications for the materials listed in the Scope of Work,
and Addenda issued prior to the execution of this Agreement, other
documents listed in this Agreement and modifications issued after
execution of this Agreement. The Addenda, if any, are as follows:
The
intent of the Contract Documents is to include all items necessary
for the proper execution and completion of the Work by Vendor. The
Contract Documents are complimentary, and what is required by one
shall be binding as if required by all; performance by the Vendor
shall be required only to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to
produce the intended results.
(b) The Contract Documents shall not be construed to
create a contractual relationship of any kind (1) between the City
and a Subcontractor or a Sub-subcontractor, or, (2) between any
persons or entities other than the City and Vendor.
Page 1 of 11
ANNUAL M3.TERIALS CONTRACT
(c) The term "Wcrk" means the materials
services~
(c) The term "Work" means the materials services
required by the Contract Documents, to be provided by Vendor to
fulfill Vendor's obligations hereunder.
3. Payment to Vendor.
(a) The City shall make payments to the Vendor based on
invoices submitted on the Vendor's letterhead. Invoices shall bear
the date the order was received and from whom received, when the
material was shipped to the City, the amount of material shipped,
the contract unit price, total amount of invoice, and the
description of the product shipped. Reference should also be made
to the City's purchase order on the invoice. A copy of the
delivery ticket signed by an authorized employee of the City shall
be attached.
(b) Payment to Vendor is contingent upon the City's
acceptance of the material (s) received and verification of
quantity shipped and delivered to the site.
4. Vendor's Obliaations.
(a) Vendor shall supervise and direct the Work, using
Vendor's best skill and attention. Vendor shall be solely
responsible for and have control over the means, methods,
techniques, sequences and procedures and for coordinating the
delivery of the material to the City on an as-needed basis.
(b) The Vendor shall provide and pay for labor,
equipment, machinery, transportation, and other incidentals
necessary for delivering the material to the City of Sebastian.
(c) The Vendor shall enforce strict discipline and good
order among Vendor's employees and other persons carrying out the
Work. Vendor shall not permit employment of unfit persons or
persons not skilled in tasks assigned to them.
(d) The Vendor currently holds and shall maintain at all
times during the term of this Agreement all required federal, state
and local licenses necessary to perform the Work required under the
Contract Documents.
(e) The Vendor shall be responsible to the City for the
acts and omissions of Vendor's employees, Subcontractors and their
agents and employees, and other persons performing portions of the
Work under a contract with Vendor.
Page 2 of 11
ANNUAL MATERIALS CONTRACT
5~ Sub¢ontraGts,
(a) A Subcontractor is a person or entity who has a
direct contract with Contractor to perform a portion of the work.
(b) Unless otherwise stated in the Contract Documents or
the bidding requirements, Vendor, as soon as practicable after
award of the Contract, shall furnish in writing to the City the
names of the Subcontractors and Suppliers for each of the principal
portions of the Work. Vendor shall not contract with any
Subcontractor or Supplier to whom the City has made reasonable and
timely objection. Contracts between Vendor and its Subcontractors
shall require each Subcontractor and Supplier, to the extent of the
Work to be performed by the Subcontractor and the material and/or
supplies to be provided by the Supplier, to be bound to Contractor
by the terms of the Contract Documents, and to assume toward Vendor
all the obligations and responsibilities which Contractor, by the
Contract Documents, assumes toward the City.
6. Term. The term of this Agreement shall be for one year.
The term can be extended for a maximum of two (2) one year terms
upon the mutual consent of the Vendor and the City as agreed in
writing.
7. T~rmination.
(a) For Cause. If Vendor defaults or persistently fails
or neglects to carry out the Work in accordance with the Contract
Documents or fails to perform a provision of this Agreement, the
City may serve written notice to Vendor and without prejudice to
any other remedy the City may have, terminate this Agreement.
(b) Without Cause. The City retains the right to cancel
this Agreement at any time, with or without good cause, upon
written notice to Vendor when such termination is deemed by the
City Council, or their designee, to be in the public interest.
(c) £ayment Upon Termination. In the event of
termination as provided herein, Vendor shall be paid for services
performed through the date of termination, less damages incurred by
the City as a result of Vendor's failure to carry out the Work in
accordance with the Contract Documents and Vendor's failure to
perform any provision of this Agreement.
8. Indemnity. To the fullest extent permitted by law,
Vendor shall indemnify, defend and hold harmless the City and
the City's agents, servants and employees, from and against all
claims, damages, losses and expenses, including but not limited to
attorney's fees, arising out of or resulting from performance of
Page 3 of 11
ANNUAL MATERIALS CONTRACT
the Work, except for injuries, damages or claims which are the
result of the sole negligence of the City, its agents, servants, or
employees. Vendor hereby acknowledges that the obligations imposed
upon the City and the terms of this Agreement are the specific
consideration for the indemnification provided herein.
9. ~ Vendor shall procure and maintain during the
life of this Agreement insurance of the types and subject to the
limits set forth below. Upon request, the Vendor shall also
provide the City with evidence of this insurance in the form of
Certificates of Insurance which shall be subject to the City's
approval for adequacy.
(a) Workers' Compensation. Vendor shall purchase from
and maintain in any company or companies lawfully authorized to do
business in Florida, workers' compensation insurance for protection
from claims for damages because of bodily injury, including death,
and from claims for damages, other than to the Work itself, to
property which may arise out of or result from Vendor's operations
under this Agreement, whether such operations be by Vendor or by
Subcontractors or by anyone directly or indirectly employed by any
of them. This insurance shall be written for not less than the
limits of liability required by law, and shall include contractual
liability insurance applicable to Vendor's obligations under
Paragraph 10. Coverage B, Employer's Liability, shall be written
for a minimum liability of $100,000.00 per occurrence.
(b) Commercial General Liability. Vendor shall provide
and maintain during the life of this Agreement, at Vendor's own
expense, Commercial General Liability insurance with a combined
single limit of at least $300,000.
(c) Commercial Auto Liability. Vendor shall provide and
maintain during the life of this Agreement, at Vendor's own
expense, Commercial Auto Liability insurance with a combined single
limit of $300,000.
10. i~ Vendor shall not assign this Agreement to any
other persons or firm without first obtaining the City's written
approval.
11. N~. Ail notices, requests, consents, and other
communication required or permitted under this Agreement shall be
in writing and shall be (as elected by the person giving such
notice) hand delivered by messenger or courier service, or mailed
by registered or certified mail (postage prepaid) return receipt
requested, addressed to:
Page 4 of 11
ANNUAL MATERIALS CONTRACT
IF TO THE CITY:
WITH A COPY TO:
IF TO VENDOR:
City of Sebastian
Attn: Thomas W. Frame, City Manager
1225 Main Street
Sebastian, Florida 32958
Valerie Fernandez Settles
City Attorney,
4125 Pinta Court
Coral Gables, F1 33146
12. Time. Time limits stated in the Contract Documents are
of the essence of this Agreement. By executing this Agreement,
Vendor confirms that the contract time is a reasonable period for
performing the Work.
13. C~onflict ok Interest.
(a) Vendor represents that it presently has no interest
and shall acquire no interest, either direct or indirect, which
would conflict in any manner with the performance of services
required hereunder, as provided by law. Vendor further represents
that no person having any such interest shall be employed in
performance of the Work.
(b) Vendor shall promptly notify the City in writing by
certified mail of all potential conflicts of interest prohibited by
existing state law involving any prospective business association,
interest or other circumstance which may influence or appear to
influence Vendor's judgment or quality of services being provided
hereunder. Such written notification shall identify the
prospective business association, interest or circumstance, the
nature of work that Vendor may undertake and request the opinion of
the City as to whether the association, interest or circlnnstance
would, in the opinion of the City, constitute a conflict of
interest if entered into by Vendor. The City agrees to notify
Contractor of its opinion by certified mail within thirty (30) days
of receipt of notification by Vendor.
If, in the opinion of the City, the prospective business
association, interest or circumstance would not constitute a
conflict of interest by Vendor, the City shall so state in the
notification and Vendor shall, at its option, enter into said
association, interest or circumstance and it shall be deemed to be
not a conflict of interest with respect to services provided to the
City by Vendor under the terms of this Agreement.
Page 5 of 11
ANNUAL MATERIALS CONTRACT
14. DrUg-Fr~e WQrkpla¢~... Vendor, in accordance with
Florida Statute 287.087, hereby certifies that Contractor does:
(a) Publish a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for
violations of such prohibition.
(b) Inform employees about the dangers of drug abuse in
the workplace, the business's policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation, employee
assistance programs and the penalties that may be imposed upon
employees for drug abuse violations.
(c) Give each employee engaged in providing the
commodities or contractual services that are required hereunder a
copy of the statement specified in Subparagraph (a).
(d) in the statement specified in Subparagraph (a),
notify the employees that, as a condition of working on the
commodities or contractual services that are required hereunder,
the employee will abide by the terms of the statement and will
notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 1893 or of any controlled
substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such
conviction.
(e) Impose a sanction on, or require the satisfactory
participation in a drug abuse assistance or rehabilitation program
if such is available in the employee's community, by any employee
who is so convicted.
(f) Make a good faith effort to continue to maintain a
drug-free workplace through implementation of Subparagraphs (a)
thru (e).
A FULLY EXECUTED DRUG FREE WORKPLACE FORM (APPENDIX B3) SHALL BE
ATTACHED TO AND MADE AN INTEGRAL PART OF THIS AGREEMENT.
15. Publi~ Entity Grimes.
(a) Vendor hereby acknowledges, represents and warrants:
(i) That a "public entity crime" as defined in
Paragraph 287.133(1) (g), Florida Statutes, means a violation of any
state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or
with an agency or political subdivision of any other state or of
the United States, including, but not limited to, any bid or
Page 6 of 11
ANNUAL MATERIALS CONTRACT
c6ntract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
(ii) That "convicted" or "conviction" as defined in
Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt
or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of
record relating to charges brought by indictment or information
after July 1, 1989, as a result of a jury verdict, nonjury trial,
or entry of a plea of guilty or nolo contendere
(iii) That an "affiliate" as defined in Paragraph
287.133(1) (a), Florida Statutes, means:
1. A predecessor or
convicted of a public entity crime; or
successor of a person
2. An entity under the control of any natural
person who is active in the management of the entity and who has
been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling
of equipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that
one person controls another person. A person who knowingly enters
into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
(iv) That a "person" as defined in Paragraph
287.133(1) (e), Florida Statutes, means any natural person or entity
organized under the laws of any state or of the United States with
the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes
those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of an
entity.
(b) Based on information and belief, the statement which
Vendor has marked below is true in relation to Vendor submitting
this sworn statement. [indicate which statement applies.]
Neither Vendor, nor any of its officers, directors,
executives, partners, shareholders, employees, members,
or agents who are active in the management of Vendor, nor
Page 7 of 11 ,//~.
ANNUAL MATERIALS CONTRACT O "~
any affiliate of Vendor has been charged with and
convicted of a public entity crime subsequent to July 1,
1989.
Vendor, or one or more of its officers, directors,
executives, partners, shareholders, employees, members,
or agents who are active in the management of Vendor, or
an affiliate of Vendor has been charged with and
convicted of a public entity crime subsequent to July 1,
1989.
~ Vendor, or one or more of its officers, directors,
executives, partners, shareholders, employees, members,
or agents who are active in the management of Vendor,
or an affiliate of Vendor has been charged with and
convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding
before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order
entered by the Hearing Officer determined that it was not
in the public interest to place Vendor on the convicted
vendor list. [attmch a copy of the final order].
(C) VENDOR UNDERSTANDS THAT THE ACKNOWLEDGMENTS,
REPRESENTATIONS AND WARRANTIES MADE IN THIS PARAGRAPH 21 TO THE
CITY ARE FOR THE CITY ONLY AND, THAT SUCH ACKNOWLEDGMENTS,
REPRESENTATIONS AND WARRANTIES ARE VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH THIS AGREEMENT IS EXECUTED. IN THE EVENT
THE TERM OF THIS AGREEMENT SHALL EXTEND BEYOND THE CALENDAR YEAR IN
WHICH IT WAS EXECUTED, VENDOR SHALL EXECUTE AND SU~MIT TO THE CITY
A NEW SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, ON
PUBLIC ENTITY CRIMES, FORM PUR. 7068, AS REVISED FROM TIME TO TIME.
VENDOR ALSO UNDERSTANDS THAT CONTRACTOR IS REQUIRED TO INFORM THE
CITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY
TWO OF ANY CHANGE IN THE iNFORMATION CONTAINED IN THIS PARAGRAPH
21. A FULLY EXECUTED SWORN STATEMENT ON PUBLIC ENTITY CRIMES
(EXHIBIT B1 AND B2) SHALL BE ATTACHED TO AND MADE AN INTEGRAL PART
OF THIS AGREEMENT.
16. Entire and Sole Agreement, Except as specifically stated
herein, the Contract Documents constitute the entire agreement
between the parties and supersede all agreements, representations,
warranties, statements, promises and understandings not
specifically set forth in the Contract Documents. Neither party
has in any way relied, nor shall in any way rely, upon any oral or
Page 8 of 11
ANNUAL MATERIALS CONTRACT
written agreements, representations, warranties,
promises or understandings not specifically set
Contract Documents.
statements,
forth in the
17. Successors and Assi~ns~ Except as otherwise provided in
the Contract Documents, all covenants and agreements of the parties
contained in the Contract Documents shall be binding upon and inure
to the benefit of the respective successors and assigns of the
parties.
18. A~torney's Fees,. In the event any action, proceeding,
suit or claim is filed, initiated or maintained to enforce any of
the provisions of the Contract Documents, the prevailing party
shall, in addition to relief to which it is otherwise entitled, be
entitled to recover such further amounts, to the extent lawful, as
shall be sufficient to pay the cost and expenses of enforcement,
including reasonable attorney's fees, both at trial and all
appellate levels.
19. ~ No remedy herein conferred upon any party is
intended to be exclusive of any other remedy and each and every
such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or
in equity or by statute or otherwise.
20. Governing Law~ The Contract Documents shall be construed
and enforced in accordance with and governed by the laws of the
State of Florida, and venue for any action pursuant to the Contract
Documents shall be in indian River County, Florida.
21. ~ Neither the Contract Documents nor any term
thereof may be changed, waived, discharged or terminated orally,
except by an instrument in writing signed by the party against
which enforcement of the change, waiver, discharge or termination
is sought.
22. ~ The failure of any of the parties at any time to
require performance of any provision of the Contract Documents
shall in no manner affect the right of such party at any later time
to enforce or require the same unless waived in writing. No waiver
by any party of any condition or breach shall be construed or
deemed to be a waiver of any other condition or any other breach of
any term, covenant or warranty contained in the Contract Documents.
Page 9 of 11
ANNUAL MATERIALS CONTRACT
IN WITNESS WHEREOF, the City has hereunto subscribed and
Vendor has affixed his, its, or their names, or name.
ATTEST:
CITY:
THE CITY OF SEBASTIAN, FLORIDA
Kathryn M. O'Halloran
CMC/AAE, City Clerk
(Corporate Seal)
By:
Name: Thomas W. Frame
Title: City Manaqer
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 1996 by ,
the of the CITY OF SEBASTIAN, FLORIDA, on
behalf of the CITY OF SEBASTIAN. He/she is personally known to me
or produced as
identification.
Notary Public,
State of Florida
Printed Name
Commission Number
Approved as to Form and Legal
Sufficiency:
Valerie Fernandez Settles, City Attorney
Page 10 of 11
ANNUAL MATERIALS CONTRACT
Signed, sealed and delivered
in the presence of:
Name:
Name:
Vendor:
By: ..................
Name:
Title:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 1996 by , on
behalf of VENDOR. He/she is personally known to me or produced _
as identification.
Notary Public,
State of Florida
Printed Name
Commission Number
Page 11 of 11
ANNUAL MATERIALS CONTRACT
City 0£ Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407)589-5330 rq FAX (407) 589-5570
SUBJECT: Agreement with Solin
and Associates - Comprehensive
Plan and Land Development Code
Amendments
Approval for Submittal By:
)
)
)
)
)
)
)
)
Agenda Number:
Dept. Origin:
Community Dev.
(RM)
Date Submitted:
For agenda Of :_
Exhibits: 1.
12!12/96
12/18/96
Agreement addendum
EXPENDITURE
REQUIRED:
$45,000
AMOUNT
BUDEGETED:
$50,000
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Solin and Associates, Inc. are currently under contract with the City to prepare the
Evaluation and Appraisal Report. There is a provision of the contract to add additional
work as the City Council sees fit.
The City is required to revise. 'it's comprehensive plan by January 1998. The budget
for the Community Development Department includes money for that work.
The staff has negotiated an addendum to the current agreement with Solin and
Associates, Inc. for the budgeted work. During negotiations it was determined that
Solin and Associates, Inc., could do the comprehensive plan amendments and/~_~/
t~/~land Development Code amendments which are also required for less than the
budgeted amount.
RECOMMENDED ACTION
The staff recommends approval on the first addendum to the agreement with Solin and
Associates..
ADDENDUM NO. ONE TO TKE CONTRACT AG]?~ FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF SEBASTiAN~ FLORIDA~ AND SOLIN AND ASSOCIATES~ INC-~ AIVIF_2/DS
TKE PRINCIPAL AGI~IENT BY ESTABT.T-~HTNG ADDITIONAL SERVICES PURSUANT TO §5
'ADDITIONAL SERVICES' OF TH3K PRINCIPAL AGI~I~II~NT, DESCRI3ING A SC'~flTD~ OF
SERVICES, AND PROVIDING FOR COMPENSATION.
THIS ADDENDUM NO. I to the Prindpal Aireement dated February 16, 1996, is made and entered into tiffs
day of December, 1996, by and between the Sebastian City Council, hereinafter referred to as the CITY,
and Solin and Assoc/ates, Incorporated, hereinafter referred to as SAL The CITY and SAI hereinafter are
collectively referred to as the PARTIES.
~, S,M has been employed by the CITY to assist in preparing the City's Comprehensive Plan
Evaluation and Appraisal Report;
wm/21EAS, SAI has prepared the Evaluation and Appra/sal Report, including identification of recommended
Plan Amendments together with a schedule for preparing Plan Amendments, convening adoption heatings,
and tmnsm/ttal of the Plan Amendments to the Florida Department of Community
~, the CITY, pursuant to §$: Additional Services of the Principal Agreement desires SA/to provide
additional planning services needed to assist in preparing: 1) the Comprehensive Plan amendments required
to comply with §163.3191, NS. and Rule 9~/-$.00.55, FAC; 2) amendments to the land development regulations
required to comply with §163.3202, FS. and Rule 95-24.008, FAC;
WHERFAS, the CITY is committal to funding the above objectives and SAI desires to provide the
professional services to meet these CITY objectives based upon an agreed upon compensation;
NOW, ~ORF_~ BE 1T RESOLVED in consideration of the mutual benefits which will acca'ue to the
PARTIES hereto tu carrying out the terms of tl~ Addendum No. One to the Principal Agreement, the
PARTIES mutually understand and agree as follows:
L INTENTANDGENERALSCOPE
This. Addendum is intended to define the scope of consulting services requ/red by the CITY to: 1) prepare the
Comprehensive Plan Amendments needed to update the Plan consistent with the terms of the 1996
Comprehensive Plan Evaluation and Appra/sal Report; and 2) revise the land development regulations
consistent with §163.3202 FS. and Rule 9J-24.008 FAC. This Addendum is al.so intended to ensure that the
CITY shall meet the t/me constm/nts impo.ned by §1633191, ~ Rule 9J-5.0053, FAC; and Rule 95-33, FAC.
PROFESSIONAL SERVICES
A. Objective. The objective/s to: 1) prepare the above mentioned Comprehensive Plan Amendments pursuant
to the terms of the 1996 Comprehensive Plan Evaluat/on and Appraisal Report, §163.3191, NS; Rule 95-$.0053,
FAC. and Rule 9J-33, ~ 2) revise the land development regulat/ons consistent with §1633202 NS. and Rule
9~L24.008 FAC. These objectives shall be accomplished in a manner consistent with the spec/ftc scope of
services identified in the Extu'bit 1: 'Work Program' which is attached and is herein incorporated into the
term~ of this Agreement by specific reference. R shall be the responsfoility of SAI to work with the CITY and
advise the CITY of solutions to planning problems and to carry out tasks identified in the scope of services
in return for compensation by the CITY for services rendered by SAL
B. Scope of Services. The Exhibit 1: 'Work Program' cites the agreed upon scope of services by task. SAI
shah work with the CITY's Project Manager and others as directed in carrying out the scope of services
ident/fied in Exlfibit 1 of this Agreement- The Plan Amendments recommended by SAI shall be performed
in accordance- with the requirements of §163-3191, RS., and Rule 95-5.0053, FA~ and the revisions to the land
devetopment regulations shall be prepared in a manner consistent with §163.3202 ~ and Rule 93-24.008 FAC.
The' PARTIES agree that SAI shall coordinate with City staff and provide a series of recommended Plan
Amendments based on the analysis and recommendations presented in the Evaluation and Appraisal Report.
SAI shall present recommended Plan Amendments to the Project Manager for review and comment. SAI shah
revise the Plan Amendments as needed to reflect comments of the Project Manager including FLUM
amendment desired by the City.
C. Schednle, Deliverables, and Budget. Exln'bit 2: "Work Program Schedule,' Exh/bit 3: 'Estimated
Professional Fees,' and F. xMbit 4: 'Deliverable Products' are hereby incorporated into the Agreement by
specific reference. The Exhibit 2: 'Work Program Schedule' may be adjusted by mutual consent of the
PARTIES to reflect the actual date on which the Agreement is executed.
Should unfore.seen issues create a delay beyond the control of SA/, the CITY and SAI shall negotiate a
mutually agreeable ad]nstment in the schedule and/or work program. Should SAI's contracted services be
expanded, the compensation shall be accordingly adjusted based on a mutually agreed upon determination.
All products provided by SAI shall be the property of the CITY. SAI shall provide the C1TY with a copy of
disks, maps, and any other material generated by SAI which is supportive to the preparation of the
Comprehensive Plan Evaluation and Appraisal Report.
D. Report Reproduction. SAI shall provide the CITY with original copies of all memoranda and reports.
SAI will provide copies as may be direxted by the CITY. The cost of such additional copies shall be
compensated as a reimbursable expense in addition to the agreed upon compensation.
F_. Meetings and/or tIearings. SAI shall make up to five (5) trips for purposed of meeting with staff and/or
public officiais through September 1996. The schedule shall be determined by the Project Manager. The
Project Manager will coordinate with $AI in determining the schedule and provide reasonable consideration
for $A.I's committed time. Additional meetings shall be compensated as additional services.
F. Commencement. SAI will begin work immediately after receipt of a fully executed copy of this Agreement.
COMPENSATION
The CITY agrees to pay SA/a sum not to ~xceed Forty-liw Thousand Dollars ($45,000) for professional fees
inclusive of direct expenses incurred in preparing the Comprehensive Plan Amendments and producing an
updated Comprehensive Plan. Notwithstanding, the Project Manager may authorize reimbursement of any
direct erpense which was clearly unanticipated by the Parties to th~ Agreement.
IV. PRINCIPAL AG~. Addendum One to the Prindpal Agreement signed December 19, 1994,
includes newly agre~,~_ upon provisions governing 'Intent and Purpose;' 'Professional Services,' Including
objectives, scope of services, schedule and budget, report reproduction, meetings and/or hearings, and
commencement of project; and 'compensation.' The following provisions of thc Principal Agreement remain
in full force and shall apply to the full extent of Addendum No. One to the Principal Agreement:
·
e§V
· §VI
· §VII
· §VIII
· §IX
· §X
·
· §XII
· §X~I
· §XIV
INVOICING PROCEDURE AND PAYMENTS
ADDITIONAL SERVICES
CITY'S RESPONSmm~
ACCOUNTING RECORDS
STIPULATIONS REQUIRED BY THE STATE
DISCTA/NfER OF LIABILITY
TERMINATION
SUCCESSORS AND ASSIGNS
NON-DISCRIMiNATION
EXT~NT OF AGREEMENT
APPLICABLE LAW
EXI:m~IT 1
SCOPE OF SERVICES
COM~REHENSIVE PLAN AMENDES
CITY OF SEBASTL~
Extu'bit 1 presents the scope of services for preparing the Comprehensive Plan amendments, update of the
Comprehensive Plan, and revisions to the Land Development Regulations.
1.OO PLAN ~IVI]ENTS. $AI shall prepare Plan Amendments with staff assistance on matters
requiring consensus building. SAI shall submit the final draft plan amendments in ordinance form to the
City of Sebastian.
1.01 Prepare DraR of Plan Amendments. SAI shall prepare ctraft positions on all recommended plan
amendments as identified the Evaluation and Appraisal Report Recommended Plan Amendments
to the Comprehensive Plan goals, objec'dves, and policies. SAI shall'provide the Project Manager
reasonable opportun/ty for review and commellt on ail such Plan Amendments.
1.02 Revise Plan Amendments Based on Staff Co,,,,,,ents. SAI shall redraft Plan Amendments based on
Staff review and comments, including Future Land Use Map amendments des/red by the City.
2.00 UPDATE COM~PR.EHENSIVE PLAN. SA[ sh,n update the City's Comprehensive Plan based on
the Evaluation and Appraisal Report in two volumes as descn'bed below. SAI shall provide the City of
Sebastian with an original document that can be photocopied together with the document on computer
disk(s).
Z01
Prepare Data Inventory and Analysis. SAI shall prepare the Comprehemive Plan Data Inventory
and Analysis based on the updated dam and analysis presented in the 1996 Comprehensive Plan
Evaluation and Appraisal Report. Information within the adopted Comprehensive Plan Data
Inventory and Evaluation which is still current and applicable shall be incorporated as appropriate.
Z02
Prepare Goals, Objectives, and Policies. SA[ shall prepare the Comprehensive Plan Goals,
Objectives, and Policie~ b~ on the recommended Plan Amendments in the 1996 Comprehensive
Plan Evaluation and Appraisal Report. Ooals, Objectives, and Policies within the adopted
Comprehensive Plan which are still current and applicable shall be incorporated as appropriate.
3.00 REVISE LDRs. SA/shall assist thc CITY in refining the Land Development Regulations in order
to achieve cons/stency with the Comprehensive Plan. SA/shall assume the lead in l~reparing regt~.atory
revisions required to meet concurrency requirements and shall provide as,~is~nce to the staff in meeting
other administrative and regulatory changes required to comply with §163.3202, FS, and Rule 95-24.008,
FAC.
4.oo PUBLIC PARTICIPATION. SAI shall attend the five (5) scheduled meetings identified in the
Exlu~it 2: Work Program Schedule. In addition, SAI shall attend up to three (3) additional meetings to
work with staff and or elecled/appointed public officials in revising the Land Development Regulations.
The schedule of meetings to review the Land Development Regulations during 1997 shall be determined
by thc Project Manager. Thc Project Manager will coordinate with SAI in determining thc schedule and
provide reasonable consideration for SAI's committed time. Meetings over a total of eight (8) meetings
shall be compensated as additional services.
u~ No. 1 m Pri~:i~{ A~ue~
KX-N'mIT 3:
ESTIMATED PROFESSIONAL Fk'~S
CITY OF SEBAS'IXAN
TASKS ESTIMATED YE~S
1.00 Plan Amendments $13,000.00
2.00 Update Comprehensive Plan 12,000.00
3.00 Revise LDRs 15,000.00
:4.00 Public Part/dpation 5,000.00
TOTAL PROFESSIONAL FEES $45,000.00
EXHIBIT 4: DELIVERABLE PRODUCTS
PHASE II: WORK PROGRAM
CITY OF SEBASTIAN
COM~PLETION DATE
Dk'IL1VERABLE PRODUCT
1. April, 1997 Matrix:
2. July, 1.997 Matrix:
P/an ~: Draft On~
Plan .4mendments: Second Draft
3. August, L997
4. October, 1997
5. December, L997
Matrix: Plan Amendments: LPA Public Hearing Draft I
Reports: Comprehensive Planz Data, Inventory and
Comprehensive Plan: Goals, Objectives, and
Reports: Plan Amendments as approved by the City
Commission for Transmittal to DCA
Note: The recommended schedule for deliverables assodated with the revisions to the Land Development
Regulations shall be determined by the Project Manager in concert with SAI subsequent to contract
execution.
I
City of Sebastian, Florida
Subject: Adoption of Resolution R-96-90 to
provide for the uniform method collection of
non-ad valorem special assessments.
Approve r Sub~,al : City Manager
Exhibits:
Agenda No.
Department Orig/n: City Manager
Date Submitted: December 12, 1996
For Agenda of December 18, 1996
· Proposed Resolution R-96-90
EXPENDiTU-RE REQUIRED: AMOUNT BUDGETED:
None $0
APPROPRIATION
REQUIRED: None
SUMMARY STATEMENT
In order to proceed with the ability to collect any non-ad valorem special assessments on the tax
roll for FY 1997-98, it is required by Chapter 197 of the Florida Statutes to first adopt a
resolution by a noticed public hearing of the City's intent to use the uniform method of
collecting non-ad valorem special assessments. In essence, if the City desires to collect such
assessments via the tax roll, this must be done prior to January 1, 1997.
The adoption of such resolution in no way commits the City to collecting any special
assessments in the future. It does, however set the stage for that purpose. At that time, mailed
notices to all affected property owners would be required. Those notices would be mailed prior
to the subsequent required public hearings that would occur sometime between June 1 and
September 15, 1997.
Failure to adopt the resolution at this time would delay any opportunity for such assessment
program until FY 1998-99 ( basically 2 years into the future).
RECOMMENDED ACTION
Move to adopt Resolution R-96-90.
RESOLUTION NO. R-96-90
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ELECTING TO USE. THE UNIFORM METHOD OF
COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED
WITHIN THE INCORPORATED AREA OF THE CITY; STATING A NEED
FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THiS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian , Indian
River County, Florida (the "City Council"), is contemplating the
implementation of an ordinance providing for stormwater management
and road projects and services within the area of the City of
Sebastian (the "City); and
WHEREAS, the ordinance will require that each property owner
shall pay for the provision of stormwater management and road
projects and services through a special assessment on such
property; and
WHEREA~, the City Council intends to use the uniform method
for collecting non-ad valorem special assessments levied within the
City as authorized by Section 197.3632 3 (a), Florida Statutes, as
amended, because this method will allow such special assessments to
be collected annually commencing in November, 1997 in the same
manner as provided for ad valorem taxes; and
WHEREAS, the City Council held a duly advertised public
hearing prior to the adoption of this Resolution, proof of
lication of such hearing being attached hereto as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED B~ THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That commencing with the 1997-1998 Fiscal Year and
with the tax statement mailed for suck Fiscal Year, the City
intends to use the uniform method of collecting non-ad valorem
assessments authorized in Section 197.3632, Florida Statutes, as
amended, for collecting the non-ad valorem assessments, levied
throughout the incorporated area of the City for the provision of
stormwater management and road projects and services. A legal
description of such area subject to the assessments is attached
heretoas~Exhibit ~ and incorporated by reference.
S~ecti~n 2. That the City hereby determines that the levy of
the assessment is needed to fund the cost of the provision of
stormwater management and road projects and services within the
City.
Section 3. That, upon adoption, the City Manager is hereby
directed to send a copy of this Resolution by United States mail to
the Florida Department of Revenue, the Indian River County Tax
Collector, and the Indian River County Property Appraiser by
January 10, 1997.
Section 4. EFFECTIVE DATE-. This Resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Counci!me.ulber
seconded by Counci!m~mber
2
The motion was
and, upon bein~
Mayor Louise R. Cartwriqht
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J.Taracka
The Mayor thereupon declared this Resolution duly passed and
adopted this __ day of , 1996.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Louise R. Cartwright, Mayor
KathrynM. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie F. Settles, City Attorney
EXHIBIT "A" IS THE PROOF OF PUBLICATION FROM THE PRESS JOURNAL. IT
WILL BE ATTACHED WHEN RECEIVED. ADS RAN FOR FOUR CONSECUTIVE
FRIDAYS IN LEGAL NOTICES.
All real property located within the City llm~ts of'the City of'Sebastian, Indian River County,
Florida.
City of,Sebastian
I 1225 MAIN STREE-[' [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589~5330 [] FAX (407) 589-5570
SUBJECT: Acceptance of the 1996 )
Evaluation and Appraisal Report )
and authorization to transmit the )
report to the Florida Department of )
Community Affairs.
Approval for Submittal By:
)
)
)
)
City Manager ,~_ _~ ~]~~)
U )
)
)
)
Agenda Number:
Dept. Origin:
Community Dev.
(RM)
Date Submitted:
For agenda Of:.
Exhibits:
1.
2.
12/12/96
12!18/96
Resolution R-96-93
EXPENDITURE
REQUIRED:
AMOUNT
BUDEGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Each city is required by law to assess the effectiveness of their comprehensive plan
once every five years. During the past year, the City's consultant, Solin and
Associates, Inc., has been working with the staff and the Local Planning Agency (the
Planning and Zoning Commission) on preparing the 1996 Evaluation and Appraisal
Report (EAR).
The Local Planning Agency has held a series of public hearings on the document and
recommends acceptance of the EAR and its transmittal to the Florida Department of
Community Affairs.
RECOMMENDED ACTION
Hold a public hearing and approve of Resolution R-96-93.
RESOLUTION NO. R-96-93
A RESOLUTION OF ~ CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ACCEPTING Tl~ 1996 EVALUATION
AND APPRAISAL REPORT OF THE CITY OF SEBASTIAN;
AUTE[ORIZING THE TRANSMITTAL TO ~ FLOR[DA
DEPARTMENT OF COMM-LrNITY AFFAIRS, PROViDiNG FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTiONS iN
CONFLICT HEREWITh; PROVII)iNG FOR SEVERABILITY;
AND PROVIDiNG FOR AN EFFECTI~ DATE.
WHEREAS, the City of Sebastian is required to prepare and transmit an
Evaluation and Appraisal Report (EAR) to the Florida Department of Community Affairs
by January l, 1997; and
WltEREAS, Solin and Associates has prepared the 1996 EAR of the City of
Sebastian; and
WHEREAS, the Local Planning Agency has held a series of public hearings on the
EAR; and
WHEREAS, the Local Planning Agency has recommended approval of the EAR;
and,
WHEREAS, the City Council of the City of Sebastian has held a public hearing on
the EAR,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. ACCEPTANCE. The 1996 EAR of the City of Sebastian as
prepared by the consulting firm of Solin and Associates, Inc. and recommended for
acceptance by the Local Planning Agency at is October 17, 1996, is hereby accepted.
Section 2. TRANSMITTAL. The City Manager is hereby authorized to
transmit the 1996 EAR to the Florida Department of Community Affairs, as required by
Florida Statue.
Section 3.
hereby repealed.
CONFLICT. All resolutions or parts of resolutions in conflict are
Section 4. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part 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 5. EFFECTIVE DATE. This Resolution shall take effect immediately
upon final passage.
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 Louise R. Canwright ~
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Hailoran ~
Councilmember Richard J. Taracka
The Mayor thereupon declared this Resolution duly passed and adopted this
day of ,1996.
·CITY OF SEBASIAN, FLORIDA
By:
ATTEST:., Louise R. Cartwright, Mayor
Kathryn M. O Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
City Attorney
Subject: Driveway at Skydive Sebastian
Approved for Submittal by: City Manager
Exhibits:
1.
City of Sebastian, Florida
Agenda No. q3. b52_
Department Orion: City Manager
Date Submitted' December 12, 1996
F.9r Asenda of December 18, 1996
Agenda Item 96.03 From City Council Agenda of November 13,1996
EXPENDITURE REQLrlRED: [ AMOUNT BUDGETED:
$3,353.30[ $0
IAPPROPRIATION
..REQUIRED: $3,353.30
SUMMARY STATEMENT
On November 13,1996, a request by Skydive Sebastian for the City to provide the cost of an
additional driveway was considered by the City council. The Council's decision was not to fund
the additional driveway. The request was initiated through the City Manager's office, and
unfortunately, no notice was given to Mr. Andy Grimwade so that he might be available at the
Council meeting to present his views.
Inasmuch as Mr. Grimwade was not notified, he asked if I would be willing to ask the Council if
they would allow him to be present and present his point of view on the driveway. I have
reviewed Robert's Rules of Order. I also asked the City Attorney to review the procedures.
Should the Council desire to reopen this matter, a member of the Council would have to move
for the rescinding of its action at the November 13, 1996, meeting, and there would have to be
a~ majority vote in support of the motion.
RECOMblENDED ACTION
In light of the failure to notify Mr. Orimwade of the meeting date when this matter was to be
discussed, I would recommend that the Council rescind its previous action and allow Mr.
Grimwade present his case on the matter of funding an additional driveway.
Relative to the funding of the driveway, my recommendation remains the same as that which
was presented at the November 13, 1996, meeting, not to fund the additional driveway (see
attached backup from 11-13-96 meeting).
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 c~ FAX (407) 589-5570
AGEN'DA TRA. N, SMITTAL
SUBJECT: Request by Skydive )
Sebastian for the City to provide )
cost for an additional driveway )
)
)
Approval For Submittal By: )
City Manager~ ~. ~~.--
)
)
)
AGENDA NO
Dept. Origin: City Manager
Date Submitted: 11/04196
For Agenda Of: 11/13/96
Exhibita: Letter Dated 10/10/96
to Thomas Frame From Andy
Grimwade, Skydive Sebastian
EXPENDITURE
tLE QLFIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY
Attached is a letter received by the City Manages Office ~om Skydive Sebastian requesting
reconsideration for a driveway at the newly developed area of the Skydive operation- lvlr.
Andy Grimwade had origimlly apta'oached me about aa ~,~,~itlonal driveway, and I indicated
that due to funding limitations, it would not be prudent to provide aa additional driveway.
I did recommend to the Council that the driveway expense for Mr. Brian Barry (Aerotrace,
Inc.) be picked up because of the inability to get access to his leased property. Current/y, this
provides a single drive (paved) to each lease on the west side of the airport.
As aa additional point, I would note that while Skydive Sebastian may have been limited by
access to the property north mad west of the wed=d, they did have use of the area by having
camping within that area.
RECO~EM'~N'DATION
While I understand the reason and desire of Skydive Sebastian to have the City. pick up
the exp~nse of aa extra driveway, I would recommend that no additional expenses for
~~ays be approved.
· ., ~ 407 3~8
Eischer & Son! Lea$tng Inc.
'~ Sebastian, Florida 32'
FAX: (561) 589-7731
;ebastian
Drive
I'lodda 32.958
388-2105
CON3
:~lomental Fill 140 ¢
~tabilized Subg~ade 166 ~
Course 160 ~
Pavement 155 ~
x 18' RCP 48
x 18' Concn3te ME$. 2
~e~way..'.
i Supplemental Fill 140
'Y'.. Stabilized Subgrade 166
Rase (;ourse 160
:^phall Pavement 155
17" x 18" RCP a8
12" x 18" Concrete MES. 2
cc. Randy Mosby
Mosby & Associates
PROPOSAL
'RACT AGREEMENT
.Y. 3.5o/C,Y.
.Y. 1.9515.Y.
y. 4.9-~1S.Y.
Y. 3,601S.Y.
.F. 16,451L, F.
.A. 200.00/E.A.
;.Y. 3.50/C.Y.
;.Y. 1,9518.¥.
y. 4.95/S.Y,
;.y. 3.60/S.Y,
..F. 16,45/LF.
!A. 200.00/EA.
Date: 10110196
Job Name: Entrance Ways
490.00
323.7O
792.00
558.00
789.60
400.00
3,353.30
Total
4gO.OO
323.70
792.00
789,60
~0~
3,353.30
$6,706.60
SEBASTIAN
lqorida s Mo~t Be~uttrxtl
DROP 'ZONE
October 10, 1996
Tom Frame
City Manager
City of Sebastian
Dear Sir:.
When I had a meeting with you early this year regarding payment responsibility
for the entrances into our property, you told me "it is the obligation of the tenant
to put in their own driveway entrance' and "there is no money in the budget for
driveway entrances". However, after listening to last night's city meeting, it
seems that the city is paying for my neighbors driveway.
While i realize that I already have one driveway entrance, I differ from the other
tenants in that I have wetlands that come through my leased property north to .......
south and east to west. Therefore, there is no possible way that ! can gain
entrance to the rest of my property without another driveway.
I would like you to recognize my original request fir the city to pay for one of my
new entrances, the same amount that Mr. Barry has been approved for. Please
let me know of your decision at your earliest convenience, it would be most
appreciated.
Sincerely,
Andy Grimwade
Skydive Sebastian
Enclosed: Copy of Invoice from Fischer & Sons Leasing, Inc.
i
cc: Mayor of sebastian
City Council
/~~]¥~ SEBAb-TiAN o~ 50[~"1-[ I:7~RIDA [NC.. Re~te~ O[8o~ 4130 Wear Airport Drive,
City of Sebastian, Florida
Subject: Skydiver Landing at Cavcorp
Property on Friday December 20, 1996
Approved for Submittal by: City Manager
Exhibits:
Part 105 Federal Aviati~on Regu!a...tions, Parachute Jumping
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
None $0
Agenda No. ~. c~ff~
Department Orm/n: City Manager
Date Submitted: December 12, 1996
For Agenda of Decem.ber 18, 1996
I REQUIRED: None
APPROPRIATION
SUM~MARY STATEMENT
This matter is presented as a result of action and discussion held at the City Council meeting on December
11, 1996, regarding a skydiver landing on the grassed parking area adjacent to Pdverview Park. As a
matter of policy, there has not been any requests before the City Council to approve the requested type of
jumping. The 4th of July event was approved administratively along with a jump into Barber Street Sports
Complex on behalf of the Panthers organization.
Section 105.15 of Part 105 of the Federal Aviation Regulations states:
105.15 Jumps over or into congested areas or open air assembly of persons.
(a) No person may make a parachute jump, and no pilot in command of an aircraft may allow a
parachute jump to be made from that aircraft, over or into a congested area of a city, town, or settlement,
or an open air assembly of person unless a certificate of authorization for that jump has been issued
under this section. However, a parachutist may drift over that congested area or open air assembly with a
fully deployed and properly functioning parachute if he is at a sufficient altitude to avoid creating a
hazard to persons and property on the ground.
(3) An application for a certificate of authorization issued under this section is made in a fornt and in a
manner prescribed by the Administrator and must be submitted to the FAA Flight Standards District
Office having)urisdiction over the area in which the parachute jump is to be made, at least 4 days before
the day of that jump.
(c) Each holder ora certificate of'authorization issued under this section shall present that certificate
for inspection upon the request of the ,-ldministrator, or any Federal, State, or local official.
I beheve that with the approval process that is outlined above along with a review by City staff, this
activity could be administratively approved. However, if the City Council wants to establish that this type
of approval be brought to the City Council, I would request direction by the Council to have this matter
formally adopted for future applications.
RECOMMENDED ACTION
Recommend the approval of the requested jump-in subject to the appropriate certificate being presented
in advance indicating FAA approval pursuant to Section 105.15 FAR's and with an appropriate landing
area being delineated at the landing site.. The estimated demand for par'king is anticipated to be far less
than 4th of July and thus should be less a problem.
Provide direction to the City Manager as to the Councilk desire for future approvals.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules
Part 105
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105
Parachute Jumping
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Parachute Jumping
Revision History:
Amdt. 105-11, 60 FR 67254, Dec. 28, 1995.
'Amdt. 105-10, 56 FR 65663, Dec. 17, 1991.
Amdt. 105-9, 51 FR 21907, June 17, 1986.
Authority: 49 U.S.C. 106(g), 40113-40114, 44701-44702, 44721. {As of 60 FR
67254}
Source: Docket No. 1491, 27 FR 11636 Nov. 27, 1962, unless otherwise noted.
{SFAR45-1 Deleted from CFR as of Jan. 1, 1991]
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter i - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105
Subpart A - General
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart A - General
105.1 Applicability.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
O~erating Rules \ Part 105 \ Subpart A - General \ 105.1 Applicability.
(a) This part prescribes roles governing parachute jumps made in the United
States except parachute jumps necessary because of an in-flight emergency.
(b) For the purposes of this part, a "parachute jump" means the descent of a
person, to the surface from an aircraft in flight, when he intends to use, or uses, a
parachute during all or part of that descent.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105
Subpart B - Operating Rules
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules
105.11 Applicability.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules \ 105.11 Applicability.
(a) Except as provided in paragraphs (b) and (c) of this section, this subpart
prescribes operating rules governing parachute jumps to which this part applies.
(b) This subpart does not apply to a parachute jump necessary to meet an
emergency on the surface, when it is made at the direction, or with the approval, of
an agency of the United States, or of a State, Puerto Rico, the District of Columbia,
or a possession of the United States, or of a political subdivision of any of them.
(c) Sections 105.13 through 105.17 and §§ 105.27 through 105.37 of this subpart
do not apply to a parachute jump made by a member of an Armed Force:
(1) Over or within a restricted area when that area is under the control of an
Armed Force; or
(2) In military operations in uncontrolled airspace.
(d) Section 105.23 does not apply to a parachute jump made by a member of an
Armed Force within a restricted area that e~ends upward from the surface When
that area is under the control of an Armed Force.
[Doc. No. 1491, 27 FR 11636, Nov. 27, 1962, as amended by Amdt. 105-4, 33
FR 11901, Aug. 22, 1968]
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subehapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules
105.13 General.
3
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules \ 105.13 General.
No person may make a parachute jump, and no pilot in command of an aircraft
may allow a parachute jump to be made from that aircraft, if that jump creates a
hazard to air traffic or to persons or proper~y on the surface.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F * Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules
105.14 Radio equipment and use requirements.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I- Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules \ 105.14 Radio equipment and use
requirements.
(a) Except when otherwise authorized by ATC -
(1) No person may make a parachute jump, and no pilot in command of an
aircraft may allow a parachute jump to be made from that aircraft, in or into
controlled akspace tmless, during that flight -
(i) The aircraft is equipped with a functioning two-way radio communications
system appropriate to the ATC facilities to be used;
(ii) Radio communications have been established between the aircraft and the
nearest FAA air traffic control facility or FAA ~ght service station at least 5
minutes before the jumping activity is to begin~ for the purpose of receiving
information in the aircraft about known air traffic in the vicinity of the jumping
activity; and
(iii) The information described in paragraph (a)(1)(ii) of this section has been
received by the pilot in command and the jumpers in that flight; and
(2) The pilot in command of an aircraft used for any jumping activity in or into
controlled airspace shall, during each flight -
(i) MoJntain or have maintained a continuous watch on the appropriate
frequency of the aircraft's radio communications system from the tLme radio
communications are first established between the aircraft and ATC, until he advises
ATC that the jumping activity is ended from that flight; and
(ii) Advise ATC that the jumping activity is ended for that flight when the last
parachute jumper from the aircraft reaches the ground.
(b) If, during any flight, the required radio communications system is or becomes
inoperative, any jumping activity from the aircraft in or into controlled airspace
shall be abandoned. However, if the communications system becomes inoperative
flight after receipt of a required ATC authorization, the jumping activity from
at flight may be continued.
[Amdt. 105-2, ~1FR 16612, Dec. 29, 1966]
Title 14 - Code of Federal R%ulations'~' \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
105.15 Jumps over or into congested areas or open air assembly of persons.
Operating Rules \ Part 105 \ Subpart B - Operating Rules
.
Title 14 - Code of Federal Re~,ulations'~' \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subehapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules \ 105.15 Jumps over or into
congested areas or open air assembly of persons.
(a) No person may make a parachute jump, and no pilot in command of an
aircraft may allow a parachute jump to be made from that aircraft, over or into a
congested area of a city, town, or settlement, or an open air assembly of person
unless certificate of authorization for that has been issued
a
jump
under
this
section.
However, a parachutist may drift over that con~ested area or open ak assembly with
a fully deployed and properly functioning parachute if he is at a sufficient altitude to
avoid creating a hazard to persons and property on the ground.
(b) An application for a certificate of authorization issued under this section is
made in a form and in by the Administrator and be
prescribed
a
manner
must
submitted to the FAA Flight Standards District Office having jurisdiction over the
area in which the parachute jump is to be made, at least 4 days before the day of
that jump.
(c) Each holder of a certificate of authorization issued under this section shall
present that certificate for inspection the of the Administrator,
upon
request
or
any
Federal, State, or local official.
[Doc. No. '1491, 27 FR 116.~6, Nov. 27, 1962, as amended by Doc. No. 4057,
Amdt. 105-1, 29 FR 14920, Nov. 4, 1964; Amdt. 105-7, 40~ FR 22641, May 25,
1978]
Title 14 - Code of Federal Re~,ulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subehapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules
.
105.17 Jumps over or onto mrports.
Title 14 - Code of Federal Re~,ulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department Transportation Subehapter F- Air Traffic and General
of
Operating Rules \ Part 105 \ Subpart B - Operating Rules \ 105.17 Jumps over or onto
airports.
Unless prior approval has been given by the airport
management.
no
person
may
make a parachute jump, and no pilot in"command o'fan aircraft may allow a
parachute jump to be made from that aircraft-
(a) Over an airport that does not have a functioning control tower operated by the
United States; or
(b) Onto any airport.
However, a parachutist may drift over that airport with a fully deployed and
properly functioning parachute if he is at least 2,000 feet above that airport's traffic
pattern, and avoids creating a hazard to air traffic or to persons and property on the
ground.
[Doc. No. 4057, Amdt. 105-1, 29 FR 14920, Nov. 4, 1964]
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter i ~ Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules
105.19 Jumps in or into Class A, Class B, Class C, and Class D airspace.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I- Federal Aviation
Administration, Department of Transportation \ Subchapter F'- Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules \ 105.19 Jumps in or into Class A,
Class B, Class C, and Class D airspace.
(a) No person may make a parachute jump, and no pilot in command may allow a
parachute jump to be made from that aircraft, in or into Class A, Class B, Class C,
and Class D airspace without, or in violation of, the terms of an ATC authorization
issued under this section.
(b) Each request for an authorization under this section must be submitted to the
nearest FAA air traffic control facility or FAA flight service station and must
include the information prescribed by § 105.25(a).
[Amdt. 105-10, 56 FR 65663, Dec. 17, 1991]
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules
105.20 [Reserved]
105.21 [Reserved]
105.23 Jumps in or into other airspace.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules \ 105.23 Jumps in or into other
drspace.
(a) No person may make a parachute jump, and no pilot in command of an
fircraft may allow a parachute jump to be made from that aircraft, in or into
airspace unless the nearest FAA air traffic control facility or FAA flight service
station was notified of that jump at least 1 hour before the jump is to be made, but
not more than 24 hours before the jumping is to be completed, and the notice
contained the information prescribed in § 105.25(a).
(b) Notwithstanding paragraph (a) of this section, ATC may accept from a
parachute jumping organization a written notification of a scheduled series of
jumps to be made over a stated period of time not longer than 12 calendar months.
The notification must contain the information prescribed by § 105.25(a), identify
the responsible persons associated with that jumping activity, and be submitted at
least 15 days, but not more than 30 days, before the jumping is to begin. ATC may
revoke the acceptance of the notification for any failure of the jumping organization
to comply with its terms.
(c) This section does not apply to parachute jumps in or into any airspace or place
described in § 105.15, § 105.19, or § 105.21.
[Amdt. 105-2, 31 FR 16612, Dec. 29, 1966]
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules
105.25 Information required, and notice of cancellation or postponement of
jump.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules \ 105.25 Information required,
and notice of cancellation or postponement of jump.
(a) Each person requesting an authorization under § 105.19 or § 105.21, and each
person submitting a notice under § 105.23, must include the following information
(on an individual or group basis) in that request or notice: (1) The date and time jumping will begin.
(2) The size of the jump zone expressed in nautical mile radius around the
target.
(3) The location of the center of the jump zone in relation to -
(i) The nearest VOR facility in terms of the VOR radial on which it is located,
and its distance in nautical miles from the VOR facility when that facility is 30
nautical miles or less from the drop zone target; or
(ii) The nearest airport, town, or cie- depicted on the appropriate Coast and
Geodetic Survey WAC or Sectional Aeronautical chart, when the nearest VOR
facility is more than 30 nautical miles from the drop zone target.
(4) The altitudes above mean sea level at which jumping will take place.
(5) The duration of the intended jump.
(6) The name, address, and telephone number of the person requesting the
authorization or giving notice.
(7) The identification of the aircraft to be used.
(8) The radio frequencies, if any, available in the aircraft.
(b) Each person requesting an authorization under § 105.19 or § 105.21, and each
person submitting a notice under § 105.23, must promptly notify the FAA air traffic
control facility or FAA flight service station from which it requested authorization
or which it notified, if the proposed or scheduled jumping activity is canceled or
postponed.
[Amdt. 105-2, 31 FR 16612, Dec. 29, 1966, as amended by Amdt. 105-6, 41 FR
47229, Oct. 28, 1976; Amdt. 105-9, 51 FR 21907, June 17, 1986]
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
105.27 Jumps over or within restricted or prohibited areas.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules \ 105.27 Jumps over or within
restricted
or
prohibited areas.
No person may make a parachute jump, and no pilot in command may allow a
parachute jump to be made from that aircraft, over or within a restricted area or
prohibited area unless the controlling agency of the area concerned has author/zed
that jump.
Title 14 - Code of Federal Regulations \ Par.? 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part.105_ \ Subpart B - Operating Rules
105.29 Flight visiblhty and clearance from clouds requirements.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic an.d. General
Operating Rules \ Part 105 \ Subpart B - Operating Rules \ 105.29 Flight visibility and
clearance from clouds requirements.
No person may make a parachute jump, and no pilot in command of an aircraft
may allow a parachute jump to be made from that aircraft -
(a) into or through a cloud; or
(b) When the flight visibility is less, or at a distance from clouds that is less, than
that prescribed in the follow~g table:
~ Key:
) [1] Altitude
~ [2] Flight visibility (statute miles)
8
[3] Distance from clouds
[1] : [21 : [3]
(1) 1,200 feet or le~s aboue : : 500 feet below.
the surface regardless of : 3 : 1,900 Feet aboue.
the HSL altitude : : 2,000 feet
horizontal.
(2) Hore than 1,208 feet aboue : : 508 feet below.
the surface but less than : 3 : 1,888 feet aboue.
10,000 feet HSL : : 2,000 feet
horizontal.
(3) Hore than 1,200 feet ahoue : : 1,000 feet belou.
the surface and at or aboue : 5 : 1,800 Feet aboue.
10,800 feet HSL : : I mile horizontal.
[Amdt. 105-5, 36 FR 8775, May 13, 1971]
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules
105.33 Parachute jumps between sunset and sunrise.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpa ,rt B - Operating Rules \ 105.33 Parachute jumps
between sunset and sunrise.
(a) No person may make a parachute jump, and no pilot in command of an
aircraft may allow any person to make a parachute jump from that aircraft, between
sunset and sunrise, unless that person is equipped with a means of producing a light
visible for at least 3 statute miles.
(b) Each person making a parachute jump between sunset and sunrise shall
display the light required by paragraph (a) of this section from the time that person
exits the aircraft until that person reaches the surface.
[Amdt. 105-7, 43 FR 22641, May 25. 1978]
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules
105.35 Liquor and drugs.
9
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules \ 105.35 Liquor and drugs.
No person may make a parachute jump while, and no pilot in command of an
aircraft may allow a person to make a parachute
person appears to be:
(a) Under the influence of intoxicating liquor;
(b) Using any drug that affects his faculties in
jump from that aircraft if that
or
any way contrary to safety.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules
105.37 Inspections.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart B - Operating Rules \ 105.37 Inspections.
The Administrator may inspect (including inspections at the jump site), any
parachute jump operation to which this part applies, to determine compliance with
the regulations of this part.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105
Subpart C - Parachute Equipment
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart C ~ Parachute Equipment
105.41 Applicability.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart C - Parachute Equipment \ 105.41 Applicability.
(a) Except as provided in paragraph (b) of this section, this subpart prescribes
rules governing parachute equipment used in parachute jumps to which this part
applies.
(b) This subpart does not apply to a parachute jump made by a member of an
Armed Force using parachute equipment of an Armed Force.
Title 14 - Code of Federal Regulations \ Parts 1 thru 199 \ Chapter I q Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart C - Parachute Equipment
10
105.43 Parachute equipment and packing requirements.
Title 14 - Code of Federal Re,,ulations \ Parts 1 thru 199 \ Chapter I - Federal Aviation
Administration, Department of Transportation \ Subchapter F - Air Traffic and General
Operating Rules \ Part 105 \ Subpart C - Parachute Equipment \ 105.43 Parachute
equipment and packing requirements.
(a) No person may make a parachute jump, and no pilot in command of an
aircraft may allow any person to make a parachute jump from that aircraft, unless
that person is wearing a single harness dual parachute pack, having at least one
main parachute and one approved auxiliary parachute that are packed as follows:
(1) The main parachute must have been packed by a certificated parachute
rigger, or by the person making the jump, within 120 days before the date of its use.
(2) The auxiliary must have been packed by a certificated and appropriately
rated parachute rigger:
(i) Within 120 days before the date of use, if its canopy, shroud, and harness
are composed exclusively of nylon, rayon, or other similar synthetic fiber or
material that is substantially resistant to damage from mold, mildew, or other fungi
other rotting agents propagated in a moist environment; or
and
(ii) Within 60 days before the date of use, if it is composed in any amount of
silk, pongee, or other natural fiber, or material not specified in paragraph (a)(2)(i) of
this section.
(b) No person may make a parachute jump using a static line attached to the
parachute an device, described and attached as
aircraft
and
the
main
unless
assist
follows, is used to aid the pilot chute in performing its function, or, if no pilot chute
is used, to aid in the direct deployment of the main parachute canopy.
(1) The assist device must be long enou~ to allow the container to open before
a load is placed on the device.
(2) The assist device must have static load of
a
strength
(i) At least 28 pounds but not more than 160 pounds, if it is used to aid the
pilot chute in performing its function; or
(ii) At least 56 pounds but not more than 320 pounds, if it is used to aid in the
direct deployment of the main parachute canopy.
(3) The assist device must be attached
(i) At one end. to the static line above the static line pins. or, if static pins are
not used, above the }tatic line ties to the parachute cone; and '
(ii) At the other end, to the pilot chute apex. bridle cord or bridle loop, or, if
no pilot chute is used, to the main parachute canc;py.
(c) No attach an assist device required by of this
person
may
paragraph
(b)
section to any main parachute unless he has a current parachute rigger certificate
issued under Part 65 of this chapter or is the person who makes the jump with that
parachute. ,, ,,
(d) For the purpose of this section, an approved parachute is:
11
(1) A parachute manufactured under a type certificate or a technical standard
order (C-23 series); or
(2) A personnel carrying military parachute (other than a high altitude, high
speed, or ejection kind) identified by an NAF, AAF, or AN drawing number, an
AAF order number, or any other military designation or specification number.
[Doc. No. 1491, 27 FR 11636, Nov. 27, 1962 as amended by Amdt. 105-3, 33
FR 8481 June 8, 1968; Amdt. 105-7, 43 FR 22641, May 25, 1978]
i
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 a FAX (561) 589-5570
CITY COUNCIL AGENDA
TRANSMITTAL
SUBJECT:
Ordinance No. O-97-01
Representation of Code Enforcement
Board by City Attorney
AGENDA NO:
DEPT. ORIGIN:
DATE SUBMiTFED:
MEETING DATE:
APPROVED FOR SUBMITTAL:
EXBIBITS:
O-97-01
Expenditure Required:
JAmount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
The City Council, at its August 14, 1996 workshop, directed the City Attorney to draft language
to amend the code to reverse the roles of the Code Enforcement Board Attorney and City
Attorney in their representation of the Board and the City.
An ordinance amending Sections 2-188 and 2-189 of the Code of Ordinances has been prepared
by the City Attorney and is presented to you for first reading.
RECOMMENDATION
Accept Ordinance No. O-97-01 on first reading and set second reading and public hearing for
January 8, 1997.
ORDINANCE NO. 0-97-0~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTIONS 2-188 AND 2-189 OF THE CITY OF SEBASTIAN CODE OF
ORDINANCES ENTITLED "LEGAL COUNSEL" AND "CITY ATTORNEY"
RESPECTIVELY PROVIDING FOR REPRESENTATION OF CODE
ENFORCEMENT BOARD BY CITY ATTORNEY; PROVIDING FOR
PRESENTATION OF CASES TO CODE ENFORCEMENT BOARD BY
BUILDING DEPARTMENT REPRESENTATIVE OR LEGAL COUNSEL;
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 162.05 Florida Statutes provides that the
local governing board attorney shall either be counsel to the code
enforcement board or represent the municipality by presenting cases
before the code enforcement board; and
WHEREAS, the City Council of the City of Sebastian, Florida
("City"), desires to have the local governing board attorney
represent the code enforcement board.
NOW, THEREFORE, BE IT ORDAINED BY the City Council of the
City of Sebastian, Florida, as follows:
Section 1: Section 2-188 of the Code relating Legal Counsel is
hereby amended as follows:
Sec. 2-188. Legal Counsel. The city co~uci~shall; upon
Florida ~ar, to represent a.d be co-~usel to th= board and
at~=,,d all meet~,gs. ~h= legal counsel =h~il
comper~~ provzded' ~ .......... ~= ~ --
Attorney shall represent and be counsel ~o the board and
attend ail meetings ~
Section 2: Section 2-189 of the Code is hereby amended as
follows:
Sec.2-189. Presentation of Cases~~--' ~z--Atto~ney~ shall ~=~=~=,~ ~:~= ~ and the ~ode
formal hearings; and shall hav~pzosecutoriaD disczation
~' ............... i~ht t ~ ti
-~ th t th d I ' ' -
representative of the city buildinq department shall
~esent cases before the board. The city council may,
upon recommendation of the Building Official retain .a
member of the Florida Bar to present cases before th~
Se=tlon 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
~is Ordinance is wholly or necessarily dependent upon the section
or part of a section so held to be invalid or unconstitutional.
Section 4: This Ordinance shall prevail over all other
Ordinances which are in conflict with this Ordinance. If any
clause, section or other part or application of this Resolution
shall be held by any Court of competent jurisdiction to be
~constitutional 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 ~ This Ordinance shall go into effect i~ediately
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
Councilmember . The motion was seconded by
cilmember and, upon being put into a
vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Ordinance duly passed and
adopted this __ day of..
, 1996.
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Valerie F. Settles
City Attorney
I
City o~ Sebastian
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
CITY COUNCIL AGENDA
TRANSMITTAL
SUBJECT: AGENDA NO:
Ordinance No. O-97-02
Unlawful to Park Vehicles for
Sale on Public Property DEPT. ORIGIN:
DATE SUBMITTED: 12/12/96
MEETING DATE: 12/18/96
APPROVED FOR SUBMITTAL: EXHIBITS: 0-97-02
I I Amount Budgeted: Appropriation Required:
Expenditure Required:
SUMMARY STATEMENT
Vice Mayor Barnes, at the October 2, 1996 Council workshop, suggested that an ordinance be
draRed making it unlawful to park vehicles advertised for sale on public property.
An ordinance amending Section 6-1 of the Code of Ordinances has been prepared by the City
Attorney and is presented to you for first reading.
RECOMMENDATION
Accept Ordinance No. 0-97-02 on first reading and set second reading and public hearing for
lanuary 8, 1997.
ORDINANCE NO. 0-97-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION
6-1 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED
"POSTING SIGNS" PROVIDING THAT IT iS UNLAWFUL TO PARK,
STORE, OR LE~VEMOTOR OR OTHER VEHICLE ON PUBLIC PROPERTY
FOR THE PURPOSE OF ADVERTISING SAID VEHICLE FOR S~LE;
PROVIDING EXCEPTION; ESTABLISHING PRESUMPTION; 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 are placed in City
parking and public areas for the purpose of offering said vehicle
for sale, thereby depriving citizens of parking; and
WHEREAS, the City Council desires to outlaw this activity, so
that the citizens of Sebastian will have adequate parking available
to them within the City.
NOW, THEREFORE, BE IT ORDAINED BY the City Council of the
City of Sebastian, Florida, as follows:
Section 1= Section 6-1 of the Code relating to the posting of
signs is hereby amended as follows:
Sec. 6-1. Posting signs, etc;, to poles, etc~
advertislng~ehlcles for sale on ~ublic property.
(c) It ~h~ll be un]awful for ~ny person to park:
or leave any motor or other vehicle on public 9roDerty in
khe C~ty~ for the purpose of advertising that
vehicle is bein~ offered for sale. unless it si in
connection w~th ~ purpose or bu~me~ ~nterpr~ lawfu]]~
situated and licensed. For purposes of this section~ it
~hall be pre~u~ed that a vehicle i~.. beinq offered for
sale if a siqn or other written advertisement
prominently d~played thereon.
Section 3: If any section or part of a section of this
Ordinance is declared invalid or unconstitutional, the validity,
force and effect of any other section or part of a section of this
Ordinance shall not thereby be affected or impaired unless it
clearly appears that such other section or part of a section of
this Ordinance is wholly or necessarily dependent upon the section
or part of a section so held to be invalid or unconstitutional.
Section 4: This Ordinance shall prevail over all other
Ordinances which are in conflict with this Ordinance. If any
clause, section or other part or application of this Resolution
shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part
or application shall be considered as eliminated and in no way
affecting the validity of the remaining portions or applications
remaining in full force and effect.
Section 5: This Ordinance shall go into effect immediately
upon its passage and adoption and authentication by the signature
of the presiding officer and the Clerk of the City Council.
The foregoing Ordinance
Councilmember
Councilmember
vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
was moved for adoption by
. The motion was seconded by
and, upon being put into a
The Mayor thereupon declared this Ordinance duly passed and
adopted this __ day of , 19~6.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Val~ie F. Settles
City Attorney
R. Cart-w~q%ht, Mayor
RESOLUTION NO. R-9,,6-53
A RESOLUTION OF TItE CITY OF SEBASTIAN, INDIAN ~R
COUNTY, FLORIZDA, REPEALiZNG RESOLUTION NO. R-95-33;
ESTABLIS]tING TIlE DATE AND TIME FOR CITY COUNCIL MEET~GS,
WORKSHOPS AND QUASI-JUDICIAL ~GS; ADOPTING ROBERTS
RULES OF ORDER; PROVIDING FOR AGENDA PREPAIL-kTION;
PROVIDING FOR AGENDA MODIZFICATION; PROVIDING FOR PUBLIC
[tEARING PROCEDURES (OTItER THAN QUASI-JUDICIAL MATTERS);
PROVIDiNG FOR PUBLIC iNPUT PROCEDURES; ESTABLISI:B'NG
DIZRECWION RELATIVE TO VERBATD/I TRANSCRIZPTS; PROVIDiNG
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT I:rEREWlTIR; AND PROVIDiNG FOR AN EFFECTIVE DATE.
WItEREAS, the City Council of the City of Sebastian, Indian River County, Florida,
betiev~ it to be in the best interest of the citizens of Sebastian to provide clear direction to establish
Council meeting times and dates and provide for conduct of City Council meetings.
NOW, TtIEREFORE, BE rr RESOLVED BY THE CITY COUNCIL OF TKE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, as follows:
SECTION l. CITY .COUNCIL MEETINGDATE AND TIME. City Council
Workshops shall be held, when needed, on the second and fourth Wednesday of the month at 6:00
p.m. and should not exceed one hour in duration. Regular City Council meetings shall be held on
the second and fourth Wednesdays of each month at 6:00 p.m., unless preceded by a workshop, in
which case they will begin at 7:00 p.m. or soon thereafter. Regular meetings which begin at 6:00
p.m. shall adjourn at 9:30 p.m. unless extended by a majority vote of City Council members present.
Regular meetings which begin at 7:00 p.m. shall adjourn at 10:30 p.m. unless extended by a majority
vote of Cky Council members present. A motion to ex-tend the meeting time shall be made only once
during each Regular meeting and the motion shall be for a thirty (30) minute extension.
All unfinished business at adjournment shall be carried to the beginning of the next Regular
City Council meeting unless prior to adjournment items are placed on a special meeting agenda.
i~F.,_~. SPECIAL MEETINGS FOR OUASI-.i-IjSDICIAL HEARINGS. Quasi=
judicial hearings shall be conducted at Special meetings on the first or third Wednesday of the month
as needed. Special meetings called for quasi-judicial heatings shall begin at 6:00 p.m. Continuance
of quasi-judicial heatings shall be in accordance with the ordinance governing quasi-judicial
proceedings.
~ NO SUBSTANTLVEDECISIO.N$ AT WORKSHOPS. At workshops,
matters may be discussed and placed on an appropriate City Council meeting agenda for formal
action. Substantive decisions shall not be made at workshops.
~ ROBERTS RULES OFORDER ADOPTED. The City Council will
follow Roberts Rules of Order. Revised, 9th Edition, published by Scott, Foresman as a general
guideline in the conduct of all meetings and workshops. Failure to follow said'rules shall not affect
the validity of any action taken.
The City Council recognizes R(~bert Rule~ q)f Order are not applicable to every procedural
matter governing a public official in the State of Florida Each Councilmember must vote on all
motions unless a Councilmember has a conflict of interest. A Councilmember may make a motion,
second a motion or participate in discussion on a motion without relinquishing the chair. Members
of Council have the exclusive right to raise questions of procedure or a point of order to the Chair
and have the Chair rule on the procedure or point of order. Any member of Council may appeal the
decision of the Chair to the entire Council.
~ AGENDA SUB~,FITTAL DEADLINE AND PREPARATION. The City
Manager is directed to prepare agendas for all City Council meetings. Documentation for items on
agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the
respective meeting to expedite the preparation of agenda packets.
~ AGENI)A MODIFICATION. City Council, by majority vote of members
present, may modify the agenda to add an additional agenda item, and, in such event, an individual
who wishes to address City Council with respect to the new agenda item, shall be afforded a
reasonable opportunity to address City Council on such new agenda item.
~.FdT,_.TLO~_~. ORDER FOR PUBLIC ..HEARINGS (OTYI~R THAN OUASi-
· RIDI~L) BEFORE CITY COUNCIL~ The order for public hearings (other than quasi-judicial)
before City Council is as follows:
A. Order of'Business:
1. Chairperson shall announce the opening of the public hearing.
2. City Attorney shall read the Ordinance or Resolution by title un/ess the
Ci~ Charter, Code of' Ordinances and/or FI0fida Stgtute.~ Fa-w requires more
than the title be read.
3. Chairperson, if appropriate, shall annotmce the ~ rules that apply to the
hearing. ,
4. City staffshall make a presentation, comments and preliminary
recommendation, if'any.
5. Public input.
6. City stafffinal comments and recommendation, if any.
7. Chairperson closes heating unless hearing continuation granted by the
affirmative vote of three Councilmembers.
B. Continuance of Pub.liq: Hearing. City Council may continue a public hearing unless
a continuance would violate City Charter, City Code, State or Federal law. A ?'ablic hearing may~
continued to a time certain that the hearing will be re-opened and shall be stated in the record. City
Council may defer action on a matter and continue the public hearing for receipt of written comments
on the matter.
C. Deferring Decision on Merits, City Council may defer a decision on the merits of any
matter pending as a result of a public hearing.
D. Suspension or'Rules, Any provisions of this Resolution may be suspended for good
cause by the affirmative vote of at least three Councilmembers.
the record.
E. Failure to Follow Rules.
The good cause shall be stated on
If'City Council fails to strictly abide by any provision'of this
Resolution, such failure shall not invalidate action taken by City Council or stalE.
.~. PROCEDURES FOR SPEAKERS AND INTRODUCTION OF NEW
BUSINESS FROM THE PUBLIC.
A. ' -.~. Speaker sign-up_sheets shall be provided by the City Clerk prior to
the commencement of any meeting of City Council in the City Council Chambers one half hour prior
to the meeting or in the City Clerk's office from Monday through Wednesday from 8:00 a.m. to 4:30
prior to the meeting, Speakers at Council meetings shall be limited to individuals who have signed
up to speak prior to commencement of the meeting, except as provided in Section 6.
B. Public Inr~ut on Agenda Items. Individuals who wish to address the City Council on
items where public presentations are permitted on the agenda shall address the City Council
immediately prior to City Council deliberation of the agenda item. Individuals shall not address City
Council a.~er commencement of City Council deliberation on an agenda item after public input has
concluded, provided, however, the Mayor and members of City Council may recall an individual to
provide additional information or to answer questions, individuals shall have the opportunity to
address City Council if they have signed the sign-up sheet prior to the commencement of'the meeting
with respect to an agenda item on a fir=t-come, first heard basis. In addition, individuals shall have
the opportunity to address City Council during a public hearing Mid in accordance with any federal
or state law, the City Charter, the Code of Ordinances and the Land Development Code of the City
of Sebastian.
C. Introduction of New Business from the Public. Introduction of New Business from
the Public shall be that portion of Regular Meeting agendas at which individuals may introduce new
business not otherwise on the prepared agenda. Any individual wishing to introduce new business
during the Introduction of New Business from the Public section of Regular City Council meetings
shall have the opportunity to address the City Council i£they have signed the sign-up sheet prior to
the commencement of the meeting on a first come first heard basis. Individuals are encouraged,
whenever possible, to meet with staffto mempt to resolve matters. Individuals are also encouraged,
whenever possible, to sign up for Introduction of New Business from the public by noon on the
Thursday preceding the Regular Meeting and provide documentation for inclusion in the agenda
packet.
D. No Public Input at Special Meetings or Workshops. No public input or Introduction
of New Business from the Public shall be allowed at special meetings or workshops, other than a
scheduled public heating. Notwithstanding this, the City Council may allow public input at a special
meeting or workshop. Such a determination shall be made at the beginning of the special meeting or
workshop and must be approved by a majority vote.
E. Time Limit for Public Input. Individuals, who are not parties in quasi-judicial
proceedings, shall be limited to ten (10) minutes in making oral presentations to the City Council,
except if extended by the Chair or reduced by the Chair based on the amount of time available.
F. Written Presentations. Individuals may also submit written presentations to the City
Council by providing ten (10) complete copies to the City Clerk prior to commencement of the
meeting.
G. Public Input Addressed to Chair. All public input shall be addressed to the Chair,
unless answering a question ora member of City Council or City staff.
~ VERBATIM TRANSCRIiq'S OF CITY COUNCIL MEETINGS. Any
person who decides to appeal any decision made by the city council with respect to any matter
considered at any meeting or hearing win need a record of the proceedings and may need to ensure
that a verbatim record of the proceed~gs is made, which record includes the testimony and evidence
upon which the appeal is to be heard, in accordance with 286.0105 Florida Statutes.
The City Clerk's office is not required to prepare verbatim transcripts or parts of any minutes
of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any
parts of any minutes it deems necessary and proper for conduct of internal affairs of city.
~ _C,~[EL[_(~. All resolutions or parts of resolutions in conflict herewith
are hereby repealed, including Resolution No. R-95-33.
~_F,~.~[_ll. EFFECTIVE DATE. This Resolution shall take effect October 1, 1996.
i
I
i
I
I
i
I
i
I
I
I
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Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norrna I. Damp
Councilmember Raymond Halloran
Councilmember Richard J'. Taracka
Mayor thereupon declared this Resolution duly passed and adopted this/q/dX day of
,1996.
ATTEST:
Kaflwyn M. ~ Sia~orf. n, CMC/ AA.E
City Clerk
(Sea )
Approved as to Form and Content:
Valede F. Settles, City Attorney
CITY OF SEBASTIAN, FLORIDA
Louis~ R. Cartwright, Mayor
96.021
96.028
96.032
PENDING LIST
COUNCIL ITEMS NOT COMPLETED
Last Update 12/13/96
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 pending list - City_
Manager reported notices still need to go out
Professional Services Agreement with Solin & Associates, Inc. for Review of
Comprehensive Land Use Plan in Accordance with DCA - Authorize Mayor and
City Clerk to Execute (see 95.006) - 2/14/96 agenda - not addressed - 2/16/96 -
approved - Approve First Addendum to the Agreement with Solin and Associates,
Inc. - Comprehensive Plan and Land Development Code Amendments - 12/18/96
agenda - Conduct Public Heating and Adopt Resolution No. R-96-93 Approving
the Evaluation and Appraisal Report (EAR) Prepared by Solin and Associates, Inc.
- Authorize City Manager to Transmit Report to Department of Community
Affairs - 12/18/96 a~enda
Airport Master Plan - G-miner Supplemental #2 - Deferred to this Meeting from
12/20/95 (see 95.041) - 2/14/96 agenda - not addressed - 2/16/96 approved -
Appropriate $68,500 from Airport Enterprise Fund - Contract and Bid Award -
Airport Drive West (Phase I) - Henry Fischer and Sons Leasing,/nc. -
$176,544.65 - 4/24/96 agenda - approved - 8/14/96 agenda - Runway 4-22 bid
award - Martin Paving - deferred to 8/28/96 - 8/28/96 agenda - Bid Contract
award to Martin Paving for Runway 4-22 construction - Blackhawk Quarry
Company of Florida, Inc. - Use of Cemented Coquina Rock on Runway 4-22
Reconstruction - Presentation by Representatives of Blackhawk Quarry re: use of
coquina rock - 9/25/96 agenda - City Manager to request FDOT and Greiner
representation at 10/9/96 regular meeting - 10/9/96 agenda - Change Order -
Henry Fischer & Sons Leasing, Inc. - Construction of Driveway offAirport Drive
West for Brian Barry (Aerotrace, Inc.) 10/9/96 City Manager report - Martin to
submit value engineering at preconstmction conference - Fischer change order
approved for Airport Drive West - Barry driveway - Approve Change Order to
Martin Paving Company Contract for Runway 4-22 to Allow Substitution of 4"
Coquina in Place of 3" Limerock Subject to Nielsen Conditions and Authorize City
Manager to Execute Change Order Subject to FDOT Approval - 10/23/96 agenda
- approved - Request by Skydive Sebastian for City to Provide Cost for
Additional Driveway Reconstruction- 11/13/96 agenda- denied - Skydive
Sebastian Driveway Request - 12/18/96 agenda
96.033
96.035
96.059
96.110
ORDINANCE NO. 0-96-07 - Employee Career Service System - 1st Reading, Set
Public Heating 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 staff review prior to
bringing it to Council - 10/2/96 r~view of ~ending list - on hold until Human
Resources Director on board
Indian River County Recreation Department Agreement (see 95.217) - 2/14/96
agenda - removed fi.om 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 ofpendinglist- item needs to be coordinated
Sebastian Area Business Council - Request to Use Riverview Park for Business
Fair/Barbecue - 4/28/96 - 9 am to 6 pm - Consider Standard Condition No. 6 Re:
Sale of Handmade Goods Only - 3/27/96 agenda - date changed to 5/26/96 and
asked for electricity - approved - staffto review rule 6 for possible revision -
10/2/96 review of pending list - CiU Manager reviewed - Cartwri~ht would like to
amended - City Manager saidoolic~eeds further review
RESOLUTION NO. R-96-42 - Authorizing Mayor to Execute - Amendment to
Contract w/DCA Re: CDBG - 6/5/96 agenda - adopted - Authorize Mayor to
Sign and City Clerk to Attest the Master Professional Services Agreement with
CRA Engineering, Inc. - R-96-52 7/10/96 agenda - meeting postponed to 7/24/96
- approved - 8/28/96 First Reading Ordinance No. 0-96-22 - Establishing Special
Revenue Fund for Community Development Block Grant (CDBG) - Public
Hearing set for 9/25/96 - adopted - 10/9/96 agenda - Adopt Resolution No. R-96-
76 - CRA Engineering Inc. Supplemental Agreement No. 1 - Riverview Park
Parking Area - adopted - CATF meeting scheduled for 10/22/96 - open number for
2
96.112
96.123
RESOLUTION NO. R-96-46 - Authorizing Mayor to Execute Cost Share
Agreement with 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 of
November and establish storrnwater utility_ before end of year with sufficient time
for review - Approve Resolution No. R-96-71 - Conceptual Stormwater Master
Plan Prepared by Craven Thompson & Associates - 9/25/96 agenda - adopted -
staffto prepare stormwater utili~ ordinance and schedule capital improvements
meeting (l 0/15/96,) - 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. O-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 - drai~ new 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
Hearing 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/I 8/96 agenda
Disposition of Former Utilities Building - Main and U.S. 1 - 6/10/96 - consensus
to work with combination of users - Sebastian River Area Historical Society
working with Chamber of Commerce and Community Affairs Council - 8/14/96
pending list review -8/14/96 pending list review - City Manager said he has inet
with the Historical Society, Chamber of Conunerce and has had private
commercial inquiries - discussed at 10/2/96 workshop - Sebastian River Area
Historical Society Re: City Building at Main and U.S. 1 - 11/13/96 agenda -
Arlene Westphal and Joan Kostenbader gave presentation re: history of building -
leave number open
3
96.129
Council Meeting Matters - R-95-33 Procedures - 6/10/96 agenda - City Manager
will meet with City Attorney to go over meeting procedures and then workshop
with Council on 7/10/96 at 6 pm - meeting postponed to 7/24/96 - amendments
discussed and approved - move meetings to 6 pm to 9:30 p.m. unless workshop
scheduled at 6 - then 7 to 10:30 - one automatic half hour extension - majority
vote to extend - all unfinished agenda items to go forward to beginning of next
regular agenda - public input stays at l0 minutes - move quasi-judicial hearings to
special meeting on 1 st Wednesday - CM to prepare list of notice requirements for
quasi matters and bring back to Council - all amendments effective October -
resolution.,Io be dra~ed - R-96-53 adopted 8/14/96 - 10/2/96 agenda- City
Attorney prepared a draft ordinance for review - item removed - will remain as is
in R-96-53 - Review Resolution No. R-96-53 - City Council Meeting Procedures -
96.130
Review Uncompleted Council Action Items - Pending List - 6/10/96 agenda - City
Coundl members to receive list at, er each update - lig_gLlze4Rar,.~lLon regular
agenda for clean-up - reviewed, updates and some items removed - 8/14/96
agenda - Review Pending List - 10/2/96 review pending list (see separate list for
10/2/96 Council directions) - 12/18/96 review pending list
96.131
Refine Code Re: City Council Expenses - 6/10/96 agenda - Cam~fight 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 bring back ordinance
amending 2,34and resolution establishing travel expense policy
96.133
96.134
96.135
Revise Code Re: Council Appointed Committees - Term Limits, Interview
Procedures. Handling Complaints Against Board Members - 6/10/96 agenda - Ci~
Attorney is reviewing procedures, 8/lOd96 pending list review - Cartwri~t - need
to move_on - discussed at 10/2/96 workshop, schedule future workshop
M~a Pu~'tv~hase-~'6~10/9~ggenda .-l~-o~ght re~o~d~tiorkfor ~erprise
· ~d-"-~0~/9'~ffew'"'of pen~Xdin[!ist- C'xtW_ ~11 ~ba~.
Economic Development Fund from Occupational Licenses - 6/10/96 agenda
Cartwright request - 10/2/96 review of pending list - staff to research Martin
County_ - inethod used and usesfor
h~X~li an~vi eW-Boar ~~<.~ D~t -~~d~~l$.
~~rch'and. ~ _mp"0r~~2/~Cu ssion
4
Wave Street - Alleviate Traffic from George Street - 6/10/96 agenda - Cartwright
recommendation to one way out and open another road in - 10/2/96 review of
pending list - City_ Manager suggested en~neering review to look at one way
96.151
96.1~
96.179
Telecommunications Act Overview - 7/24/96 workshop agenda - carried and
added to 7/24/96 agenda - cable forums scheduled to 8/21 and 8/29 to take public
comment - 8/21 will have to be rescheduled - IRC is using chambers for three
nights 8/20 - 8/22 - item carried to 8/14/96 agenda - 1) rate regulation 2) franchise
renewal and extension - also cost of outside counsel - 9/11/96 agenda - Adopt
Resolution No. R-96-67 - Falcon Cable Franchise 60 Day Extension from 9/23/96
- adopted - 10/2/96 review of pending list - City Manager and City Attorney
reviewing franchise ordinance - Adopt Resolution No. R-96-85 Granting an
Additional Sixty Day Extension to Falcon Cable Franchise - I 1/13/96 agenda -
adopted- use this number for Falcon cable matters - deadline 1119/97
Complaints Regarding ATV's and Orange Grove Traffic - 7/24/96 agenda - City
Manager and Attorney to report back on 8/14/96 if ready - 10/2/96 agenda - City,
Manager report on meetings with ll~Cand other access to _m'ove
Reject Bid for On-Site Sewage Disposal System for Barber Street Sports Complex
South for Redesign - 8/28/96 agenda - recommendation to re_ieet and redesign
approved, 10/2/96 review of pendinglist - will go out to bid
96.188
Adopt Resolution No. R-96-63 - Conceptual Design for Walkway - East Side of
Indian River Drive - Authorize Staffto 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
96.190
First Reading Ordinance No. 0-96-24 - Parking in Residential Districts - Set
Public Heating for 9/25/96 - 8/28/96 agenda - removed from agenda for further
review and consolidation - 10/2/96 review of pending list - Ci~ Manager will
report back on time frame
96.191 First Reading Ordinance No. O-96-25 Mini Storage Facilities in PUD-C (Planned
(Unit Development - Commercial) IN (Industrial) - Set Two Public Heatings
and
for 9/11/96 and 9/25/96 - 8/28/96 agenda - first reading accepted - phs set 9/11 &
9/25/96 - 1 st hearing conducted - 2nd hearing 9/25/96 - adopted - staff directed to
revise in accordance with IRC ordinance
96.207
Private Use of City Owned Property or Interests - 9/25/96 Workshop - discussion
Cornerstone request for 2 city properties - council consensus for exchange - Ci~
Manager to bring back further info on this at 10/9/96 meeting - schedule later
workshon to address use of other ci~ properties - consensus to have Chamber/
Historical Society use building US 1 and Main - 10/2/96 further discussion of 700
Main Street building_
96.243
96.245
96.25O
96.253
96.257
95.012
95.15~
95.211
Quasi-Judicial Hearing and Adoption of Resolution No. R-96-86 - Approval of,.
1Wmor Subdivision Known as Barber Street Dedication and Acceptance of Plat -
11/13/96 agenda - withdrawn and will be rescheduled
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 hack a fund reallocation analysis
report within 60 days
Review and Comment on Proposed Land Development Code Procedures -
12/11/96 workshop agenda - few minor changes - City_ Manager will bring all LDC
ordinances to workshop prior to their first reading
Sebastian River Area Chamber of Commerce Request to Allow Barbecue Vendor
in Riverview Park on 12/20/96 for Employee Appreciation Night - 12/11/96
agenda - approved vendor but not skydive issue - Approve Skydiver Landing in
Riverview Park Subject to Appropriate Certificate of FAA Approval Pursuant to
Section 105.15 FAR's and Designated Landing Area - Provide Direction to City
Manager for Future Approvals 12ll 8/96 agenda
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
Oberbeck Matters - Special Use Permits - 1/11/95 agenda - discussion - requested
City Manager to bring back proposal for defining "temporary" and upgrading
permit fees - 10/4/95 workshop agenda - staffto review and reoort on acV_m! costs
for applications and City_ Attorney to drai~ resolution imposing $1000 bond -
6/26/96 CiW Manager report - he'llbdng back staff report on fee sched-le~- does
not a~ee with bond
Approve Contract with Florida Department of Environmental Protection - Florida
Recreation Development Assistant Program Grant - Upgrade Schumann Tennis
Courts - 9/13/95 agenda- approved - need to bid project
Sebastian Panthers - Barber Street Sports Complex Expansion and Schumann
Football Field - 11/15/95 agenda - carried to 12/6/95 - presentation - Firtion
recommended using funds saved from BSSC sidewalk project to install restroom
facilities - Neuberger volunteered to look at lights - City_ Manager requested a
lightiflg, pl~ o 6/26/96 report - lights in upcoming budget - discussed cooperative
a~eements to obtain financing for restrooms
6
City Council Workshop
October 2, 1996
Page Seven
C OUNCIL/MANAGER MATTER S
i. Mayor Ca~
Will not be available on Thursday, October 3, 1996 at 4:30
p.m.
b)
CR512 Street Li~ts - The City Manager said he was
meeting with Dan Haywood, FPL on the lights
c)
~[tg..~[lti~ll~ - Received Council consensus to allow
Council members to use City stationary for its
correspondence, note when the correspondence contains
opinion of one member, and copy all correspondence to the
City Clerk
Quasi-Judicial Hearing Videotaping - Received Council
consensus that quasi-judicial hearing special meetings do
not have to be videotaped
ii. Vice .Mayor Barnes
People Using Vacant Property_ Without.Permission - City
Manager to look at model ordinances and come back with a
recommendation
b)
Portable Facilities on Construction Sites in Ri~mht-of-Way -
City Manager to look at alternatives to locating in right-of-
way
c)
Construction Truck Damage to Ci~ Streets - City Manager
to review and come back with an ordinance
d)
Abandoned Homes Under Construction - City Attorney will
check with City Planner about posting of bonds - City
Manager cautioned about the economic impact of bonds for
residential construction
e)
Stop SandRemoval from Sandridge - City Manager will
copy information he has from Fetlsmere ~
Direction to CiW Manager and City_ Attorney - Ouestions
from Public -Concurrence that all questions are directed
through the chair
g)
For Sale Si~s on VeNcles on Public Property - City
Manager ~aid this was an easy ordinance to drat~
~ - Vice Mayor Barnes distributed a Vero
ordinance which provides for an application. The City
Attorney said the City Planner is formulating a form letter.
The City Manager said he believed the City can take down
any signs in fight-of-way.
Councilmember Damo
r
None.
Councilmember I-Ialloran
a) ~ - The City Manager said he'd look into the
city's political sign policy.
Councilmember Taraeka
b)
Public Input at Workshops - Mayor Cartwright agreed that
workshops on single or limited items could have input (The
current resolution provides that City Council can take input
if approved by majority of Council at the beginning of the
workshop)
Change Mayor to Chairperson - Following discussion he
agreed to remain with Mayor referendum decided on earlier
in the meeting.
~ - None.