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HomeMy WebLinkAbout08251993I City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNF_,SDAY, AUGUST 25, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Carl Merola, St. Elizabeth Episcopal Church 4. ROLL CALL Se AGENDA mODIFICATIONS fADDITIONS ~%ND/OR DELETIONS[ - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCL~WATIONS ~/OR ANNOUNCEMENTS 7. PUBLIC HFs%RING, ~ ~CTION - None 8. ,ITEMS CARRIED FORWARD FROM THE 8/11/93AGEND_A 93.252 Introduction of New Business from the Public - Rick Giteles - Exchange Club/Creative Club (No Backup) 9. ~ a~ENDA Ail 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. 1-40 A. 93.253 B. P~B 41-46 93.254 P~ 47 93.255 P~S 49-50 93.246 ~. PGS 51-55 ~, 93.256 (F. PGs 57-71 ~,. Approval of Minutes - 8/7/93 Special Meeting, 8/7/93 Budget Workshop, 8/8/93 Budget Workshop, 8/11/93 Regular Meeting RESOLUTION ~O, R-93-38 - Voluntary Noise Abatement Rules - Airport (City Clerk/ACM Transmittal dated 8/19/93, Airport Manager Letter dated 8/18/93, R-93-38) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE ADOPTION OF VOLUNTARY AIRPORT NOISE ABATEMENT RULES; DIRECTING THE CITY MANAGER TO IMPLEMENT THE PUBLICIZING OF THE VOLUNTARY AIRPORT NOISE ABATEMENT RULES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. U.S. i Medians - Bore and Jack - Reject B & B Properties Bid and Direct Staff to Re-advertise (City Engineer Transmittal dated 8/6/93) Bid Award - Public Works Broom Tractor w/ Attachments - Berggren Equipment - $20,105.00 (City Engineer Transmittal dated 8/19/93, Bid Tabulation) Reschedule Fischer Special Use Permit Request to October 13, 1993 (City Clerk/Acting City Manager Transmittal dated 8/19/93, Fischer Letter dated 8/16/93, Director of Community Development Letter dated 7/30/93) Schedule Public Hearing for Treasure Coast Shuttle - Permit and Certificate of Public Convenience and Necessity for September 8, 1993 (City Clerk/ACM Transmittal dated 8/20/93, Application) 2 93.257 PGS 73-74 93.258 PGS 75-76 10. 11. Welcome Wagon Club Christmas Party - Community Center - 12/10/93 - 6 pm to 12 am - A/B - Permittee Madeline Thomas - DOB 5/12/33 - Security Paid (City Clerk Transmittal dated 8/13/93, Application) Lora Williams - Wedding Reception - Community Center - 9/25/93 - 7:30 pm to 11:30 pm - A/B - Permittee DOB 2/12/45 - Security Paid (City Clerk Transmittal dated 8/17/93, Application) ,PRESENTAT~0NS - None ~fAYOR AND CITY COUNCIL MATTERS A. Mr. Robert Freeland B. Mayor Lonnie R. Powell C. Vice-Mayor Frank Oberbeck E. Mrs. Carolyn Corum F. Mrs. Norma Damp 14. c__Q_N~Jj~i~ REPORTS/RECOMMENDATIONS 15. 93.141 PGS 77-82 93. 141 PGS 83-94 OLD BUSINESS B. Washington Street Contaminated Soil - Quotation from Geologic Recovery Systems - Soil Treatment $1,000.00 Based on 25 Tons (City Engineer Transmittal dated 8/19/93, City Engineer Memo dated 8/19/93, Quotation) Washington Street Contaminated Soil - Additional Services for Environmental Consulting - Supervise Soil Treatment - ViroGroup, Inc. - $927.00 (City Engineer Transmittal dated 8/19/93, City Engineer Memo dated 8/19/93, Viro Group Contract) 3 16. 93. 017 PGS 95-110 93.259 PGB 111-142 Approve Revised Six Month Sub-Lease Between Skydive Sebastian, Inc. and Sebastian Aero Services, Inc. (City Clerk/Acting City Manager Transmittal dated 8/18/93, Price Letter dated 8/8/93, Original Sub-Lease Approved 1/13/93 (Ex. A), Lease Approved 7/28/93 (Ex. B), Revised Lease (Ex. C) ) RESOSUTiON NO, R-93-33 - City of Sebastian/ Indian River County Agreement - Airport Zoning (Director of Community Development Transmittal dated 8/9/93, R-93-33 w/ Agreement (Ex. A) w/ (Ex. A) Indian River County Airport Zoning Ordinance and (Ex. B) Sebastian Airport Zoning Ordinance) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO AIRPORT ZONING; PROVIDING AUTHORITY TO THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO EFFECTUATE A COOPERATIVE METHOD TO ADOPT, ADMINISTER AND ENFORCE AIRPORT ZONING REGULATIONS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 93.260 C. PGB 143-147 Proposed Ordinance Re: Special Use Permit Procedures - Direct City Attorney to Draft Ordinance (Director of Community Development Transmittal dated 8/11/93, Attorney Letter dated 8/5/93, Proposed Language, Deputy City Clerk Memo dated 8/17/93) 93.261 D. PGB 149-154 Report Regarding First Union Bank's Intention to Foreclose on Carl R. Julian Property Known as St. Sebastian P.U.D. (Director of Community Development Transmittal dated 8/19/93, R-90-18 Excerpts, Map w/Sketch) 93.262 F. PGB 155-161 Set Public Hearing on Request from Richard Fey for Special Use Permit for Mulching Facility on 9/22/93 (Director of Community Development Transmittal dated 8/19/93, Application w/Attachments) 4 16. INTRODUCTION OF NEW BU$INESS ~YTHE pUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-95-19 Limit of Ten Minutes for Each Speaker) 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WiTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY ANDEVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 5 I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MINUTES i SEBASTIAN CITY COUNCIL SPECIAL MEETING SATURDAY, AUGUST 7, 1993 - 8:00 A.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATiON ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PURPOSE: To consiSer $100,000 Loan from City General Fund to Golf Course Enterprise Fund Mayor Powell called the Special Meeting to order at 8:00 p.m. and explained its purpose. 2. The Pledge of Allegiance was recited. 3. ROLL C~LL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran Finance Director, Marilyn Swichkow Golf Course Pro/Manager, Joseph O'Rourke Deputy City Clerk, Sally Maio Special City Council Meeting August 7, 1993 Page Two Mayor Powell suggested that City Council consider requesting the City Manager to return his keys to City Hall and asked that it be added to the agenda. MOTION by Oberbeck/Freeland I would move to your request. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - nay VOTE was discontinued since unanimous vote is required for addition to the agenda. Mrs. O'Halloran read an excerpt of a confidential letter she received yesterday from Assistant City Attorney Torpy. CONSIDER $100,000 LOAN FROM CITY GENERAL FUND TO GOLF COURSE ENTERPRISE FUND (Finance Director Transmittal dated 8/5/93, Finance Director Memo dated 7/17/93, GC Director Memo dated 7/13/93) The Finance Director recommended approval of the $100,000 loan, and said, in her professional opinion, only the governing authority can grant advalorem tax proceeds supported funds to an enterprise fund as a loan. She also said, for the record, this is not the first time the city's general fund has loaned the Golf Course fund money, although this is earlier than normally expected. The Golf Course Manager reported on additional cuts he has made and increase in revenues from last year. In response to Mayor Powell, the Finance Director said the money saved by bond refunding is protected for the debt payment and can not be used for any operating expenditures under the bond covenants and explained that she had given a letter to the City Manager dated July 17, 1993, recommending the loan (see attached). In response to Mrs. Corum, the Finance Director explained that additional training is needed by Golf Course staff, and Mrs. Corum requested that this be done as soon as possible. Special City Council Meeting August 7, 1993 Page Three Following further discussion, motion was made. MOTION by Oberbeck/Freeland I would move that we approve the $100,000 from the city general fund to the Golf Course enterprise fund. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Mayor Powell said, for the record, he no longer owed money to the City Clerk. Mayor Powell adjourned the Special Meeting at 8:23 a.m. Approved at the Meeting. , 1993, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of'Sebastian POST OFFICE BOX 780127 c3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MINUTES i SEBASTIAN CITY COUNCIL BUDGET WORKSHOP MEETING I SATURDAY, AUGUST 7, 1993 - 9:00 A.M. CITY COUNCIL CHA_MB~ 1225 MAIN STREET, SEBASTIAN, FLORIDA I ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Powell called the budget workshop to order at 9:00 a.m. Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting City Manager, Kathryn M. O'Halloran Finance Director, Marilyn Swichkow Staff Accountant, Chris Moore Deputy City Clerk, Sally Maio (1) Introduction The City Clerk/Acting City Manager requested that the Finance Director read the July 29, 1993 memo to City Council (page 1). Mayor Powell noted that the budget workshop will continue to Sunday if needed as scheduled. The City Clerk/Acting City Manager said she had been requested to change the Airport budget review to Saturday due to prior plans for Sunday. City Council concurred. City Council Budget Workshop August 7, 1993 Page Two The Finance Director said, for the record, the requested column for salaries only, was prepared by her and not department heads and the "recommended by City Manager" column salary reflects a 3.5% increase added to a $ .38 step. Discussion took place on step plans, noting that department heads are not covered by a step plan. The Finance Director noted that steps cap at step eight and suggested that.the pay plan may require some study. It was decided to allow each City Council person to express a view prior to each department budget. Mr. Oberbeck recommended that City Council be frugal when reviewing this budget due to the poor economy. Mayor Powell commended the Finance Director for the presented budget. Mrs. Corum asked that salary increases be deferred to the end of the meeting. It was the consensus of City Council to defer. Mrs. Damp commended all departments and the Finance Director. Pollce DeDartment ~ Earle L. ~gttv. Jr. (1) police DeDartm~D~ P~ ~ B~aet and Page BackUD The Chief of Police requested additional personnel and personnel upgrades, certain capital improvements, and capital projects funds. Mr. Freeland inquired about whether the $50,000 capital projects request for the building is sufficient. Mr. Oberbeck questioned the need for so many copy machines in the city; whether the crime scene investigator was needed since the IRC sheriff provides that service to which the chief responded they do not investigate burglaries; questioned whether the four package vehicles could be reduced to three to which the Chief responded that vehicle prices are ultimately reduced when bid by the state which results in savings; questioned the need for 2 furniture when there is excess furniture in City Hall to which the chief responded that some of that furniture is being utilized by the IRC task force. Mayor Powell recommended going with three vehicles and if there is extra money perhaps purchase an additional vehicle later on; inquired what employee upgrade costs would be to which the Finance Director responded that it is generally $ .36 to $ .38 per step. TAPE I - SIDE II (9:50 a.m.) Mr. Oberbeck said accessory costs would be saved if the vehicle purchase was reduced. Mr. Freeland said a list of the vehicles and the age of each would have been helpful. Powell excused from 9:52 to 9:53 a.m. Mrs. Corum inquired whether the current four investigators can be used to do crime scene investigation to which the Chief responded they have insufficient time; said new employees need vehicles, uniforms, etc.; expressed concern for increasing administrative staff; inquired about the need for eight gas masks; said she would not like to fund the administrative position at this time. Mrs. Damp inquired whether older vehicles can be given to other departments to which the Chief responded that vehicles are regularly given to other agencies and departments; questioned overtime costs, clothing and cleaning costs to which the Finance Director responded that the requested column is based on existing staff; questioned item 521.250 unemployment fund decrease from $7000 to $2000; said she wanted to increase 521.312 medical fees to which the Chief responded that this line item is for new hires. Oberbeck excused 10:12 to 10:14 a.m. Mr. Freeland inquired about request for typewriters at GSA price and remarked that he'd been informed at a conference that it is sometimes better to purchase elsewhere. Mayor Powell requested that the circled page number be referred to. Mr. Oberbeck recommended that one package vehicle and all accessories for it be removed from the budget. 3 It was the consensus of City Councll to delete one package vehicle and funds for accessories for it. It was the consensus of City Council to approved all recommended new positions and clerical upqrades which will require certain personnel funding chanqes. Mayor Powell called recess at 10:25 a.m. and reconvened the workshop at 10:41 a.m. All members were present. Emerqency Manaqeme~t =~ Gilcher. N2BF (1) Emeraenc¥ ~angqement cPaq~ 28 Budaet ~a~_~g~53 Backup) (2) ~OC CaDital Pro4ects fPaae 53 Budqet ~ ~aqe 54 BackuP) Mr. Gilcher presented his budget to City Council and explained its uses. Discussion took place on the requested antenna (page 54 of backup) and window air conditioner for the Emergency Management room on the second floor of City Hall (page 58 of budget). No changes were made to the recommended budget. A~port - ~oh]3Ya,n AntwerR (Page 72 Budget - Page 140 Backup) TAPE II - SIDE I (10:53 a.m.) Discussion took place regarding improvement to runway 4-22. The Finance Director said the City Manager intended to bring a budget revision if the revenues were realized at a later date. Mr. Van Antwerp said the master plan will be submitted in a few weeks. Mrs. Corum concurred with the City Manager's recommemdated waiting. No changes were made to the recommended Airport budget. ~ Enaineer/Public Works Director =~ C. Eckis. P.E. (1) Buildinq Maintenance fPaae 18 Bud_B_B~q~ = ~ 56 Mrs. Corum inquired about the salary increase and the the Finance Director responded that it is due to an increase in Personnel mid fiscal year 92/93; inquired about 517.340 other contractural services; said the repair of buildings line item was excessive to which the Finance Director responded; requested 4 contractural services be reduced to last year's amount. Mr. Freeland inquired about the exchange of services between the Building Maintenance and Golf Course funds and suggested that Golf Course personnel could perform these services. The Finance Director said a cleaning service was utilized at one time which was poor, and any employee of the city servicing the Golf Course would require paying back to the general fund, and that Golf Course employees had refused to perform the service in the past. Mr. Freeland asked that it be looked at. Mr. Oberbeck suggested that the cart barn person do maintenance and the Finance Director responded relative to job descriptions. Mr. Oberbeck recommended that 517.340 be reduced to $5000. It was the consensus of City Council to reduce item $17.340 contractual services to $5000. (2) Cemetery ~ 34 Budqet ~ Paqe 60 Backup) Mr. Oberbeck inquired about the increase of line item 539.461 vehicle repair from $100 to $500 and suggested it be reduced to $300. City Council concurred. Mrs. Corum questioned line item 539.464 repair/maintenance other and the Finance Director responded; item 539.527 uniforms and shoes which the Finance Director said was currently a provision of the union contract which is under review at this time. Mr. Freeland recommended reducing uniforms and shoes to $900 (539.527). It was not reduced. (3) Enaineerinq P~ 36 Budaet = Paq9 .63 Backup) The City Engineer requested that the Engineering Technician be made an Engineering/PW Assistant, a request made initially and taken out by the City Manager. TAPE ii - SIDE II (11:40 a.m.) Mr. Oberbeck requested that staff stay with the proposed budget at this time. Mr. Oberbeck inquired about line item 540.316 other professional services to which the City Engineer responded; inquired about engineering services for the Yacht Club dock which City Council directed him to prepare. Mayor Powell requested that City Council look at his request for additional personnel before the City Engineer leaves. ~r. Oberbeck recommended reducing 540.400 travel and per dima to $400; item S40.464 repairs/maintenance others reduolng to $400; 540.470 printing and binding reducing to $150. City Council concurred. (4) Stree% ~ 38 Budoe~ : ~aqe 68 ~ Mr. Oberbeck requested that 541.434 garbage be reduced by $2000 to $8000 to which the City Engineer and Finance Director responded; asked if this line item title should be changed, the Finance Director said it should be referred to Solid waste and said she and the City Engineer should look into this further. Mr. Oberbeck requested a detailed explanation for item 541.464 repairs/maintenance other to which the City Engineer responded that the last Finance Director lumped all repairs together and that he attempted to break them down this year. It was decided to obtain further information and oome back to this item. Mayor Powe11 called recess for lunch at 12:15 p.m. to 1:15 p.m. Mrs. Corum said there was no backup to 541.490 other current charges and the Finance Director stated it was a catch-all line item; inquired about 541.340 other contractual services and 541.341 Ameriquatic to which the City Engineer responded that these items had been combined previously; inquired what the $16,000 in 541.340 is. TAPE III - SIDE I (12:30 p.m.) Mr. Freeland inquired what items are considered operating supplies. It was decided to come back to 541.464 repairs/maintenance other and 541.340 other contractual services. (5) Vehicle Maintenance (Page 40 Budget - Page 73 Backup) Mrs. Corum said line 549.520 operating supplies seems high. 6 Mr. Oberbeck requested that each line item be addressed individually. Mr. Freeland inquired about the increase in 549.540 books and publications. Mayor Powell requested it be reduced to $200. City Council concurred. ~rs. Corum requested item 549.520 operating supplies be reduced to $3,200. City Councll concurred with $3,500. Mrs. Damp inquired about item 549.521 small tools. (6) Parks CPaae 42 Budaet - a~ 74 Backup) Mrs. corum inquired about item 572.340 oontractural services and recommended it be cut in the future by using xerlscape. Mayor Powell asked if the item can be reduced and the City Engineer agreed to $4000. Council concurred. Mayor Powell inquired about the increase in 572.529 gasoline and the City Engineer responded. Mr. Oberbeck requested that this item be readdressed when the vehicle request is addressed. Mrs. Corms inquired about 572.430 utilities and the Finance Director said all utilities were combined last year and have been separated now. The Finance Director advised that it be added to 572.431 electric. City Council concurred. ~treet Department - Repairs and MaintgDance - ite___~m City Council readdressed this item (pages 71 in backup - 38 in budget). The City Engineer read from a computer printout of expenditures under this line item. Discussion took place on whether this is the correct place to have these types of services, city council concurred to direct staff to review those expenditures that may be one-time, reduce if possible and come back with a further recommendation. The City Engineer explained the need for $15,000 in item 541.340 other contraotural services. No change was made. (7) Gas .Tax Fund fPaae 4--8 ~ - ~ 7--9 Backup) The City Engineer explained that only street right- of-way repairs can be done with these revenues. The City Engineer explained increases in item 541.464 repairs/maintenance other; 541.533 rip rap; 541.537 7 culvert pipe; 541.640 machinery & equipment. Mayor Powell questioned the F350 truck for the sign shop. TAPE III - SIDE II (2:15 p.m.) Mrs. Damp referred Council to page 92 where the City Engineer had recommended a trade-off of trucks by transferring the sign shop truck to parks and purchasing a new F350 for the sign shop. Mr. Oberbeck suggested buying a pickup truck with a pipe rack. The City Engineer said he would rather have a pickup for parks and use what he has now for the sign shop. Mayor Powell said he wants to see the sign shop truck on Monday. The Finance Director said this expenditure can be justified by using these restricted funds for this purchase easier than justifying a purchase out of general fund. Mrs. Damp concurred with the request, Mr. Freeland concurred with the request. No change was made to itsm S41.640. Mrs. Damp questioned drainage improvements which the Finance Director said was now in fund 301. (8) P,W. ~ k~gjects (Paqe 53 Budget ~ Pa~e 83 The City Engineer explained the Schumann Drive drainage line item 540.630 which will be bid soon; explained line item 540.640 Case backhoe. Mr. Oberbeck suggested a 580 Diesel. (9) P.W, ~ ~mproveme~n~s CPaae 57 Budoet m Mrs. Corum addressed item 517.630 city hall irrigation and again recommended xerlscape. Mr. Oberbeck inquired as to the source of the funds and the Finance Director said it would be from the general fund. It was the consensus of City Council to delete the $4000. Mrs. Corum inquired about 517.640 building maintenance truck with utility bed and asked why the city doesn't buy used trucks. Mrs. Damp asked about a city vehicle at the Golf Course. it was the consensus of City Council to delete the $15,000. The $1200 for the two hand held radios was left in. (10) ~ Trust Fund ~ 86 Budqet - Pa~e .93 Backup) 8 TAPE IV - SIDE I (3:00 p.m.) Items 539.640 personal computer/modem and software for a total of $2500 vas removed. The $1000 for air conditioner was reduced to $800. ~ap~tal Projects -'~ Buildings [Paqe 53 Budaet = ~ 84 Backup) City Council addressed city buildings fund 517.620 and 519.630. The Director of Community Development addressed City Council. It was decided to do an evaluation of the roof of Hall. City All expenditures were left in as recommended. Mayor Powell called recess at 3:25 p.m. and reconvened the meeting at 3:45 p.m. Ail members were present. Ail city building capital projects expenditures were approved as recommended. ~ Projec%s - Roads a~ ~treets - LPa~e 5--3 Budget - ~a~e 85 Backup) Discussion took place on the use of the air stripper. All roads and streets capital projects expenditures were approved as recommended. ~ Projects - Recreation - a~ 86 Buduet - PaGe 8--6 ackuo No change to the recommended $118,000. CApital Pro4ects _- Parks - (Paqe 55 Budget) It was noted that these figures were generated by the City Manager. The City Engineer requested use of the $20,000 for U.S. i median strip improvements. Discussion took place on future U.S. I traffic and whether it is wise to improve medians. The item was left in. Mrs. Corum requested that $10,000 be added for signage for the city. TAPE IV - SIDE II (4:10 p.m.) Capital Improvements - ~ngineering fPa~e 58 Budget - ~ 8__9 Backup) Ail engineering capital improvements approved as recommended. CaDita~ Improvements - ~ R ~ ~Pa~e 58 Budqet - Pag_9 90 ~ The chain saw was reduced to $$00, the weedeaters were reduced to $600, and the base station radio, hand held radios and mobile radios were deleted. Capital Improvements - Garage {Paue 5--9 Bud~e~ - Pa~e 91 Discussion took place on computer needs. Ail garage capital improvements were approved as recommended. ~apital Improvements - Parka (page~9.~udget - Page 92 Backup} The city Engineer was directed to bring back further information on tho riding mower, hand held radios were deleted in tho amount of $1200 and vacuum was deleted in the amount sE $2500. Mr. Oberbeck asked about the stormwater consultant study funds which were budgeted for in a previous budget. Mr. Oberbeck requested permission to contact the Finance Director to review those funds. Mayor Powell called recess at 4:54 p.m. and reconvened the meeting at 5:05 p.m. All members were present. TAPE V - SIDE I (5:10 p.m.) Mayor Powell inquired how the city can begin to save for a new Community Center, and said he had been approached by Fran Adams relative to the YMCA working with the City on a pool. Mr. Oberbeck further discussed the matter. Bruce Cooper - D~rector o_~f Community DeveloDment. (1) planning !~Z~/!~ - ~ 1--4 Budget - page 94 Backup Mr. Oberbeck was concerned that item 515.492 was low. No change was made. Mrs. Corum asked what other 515.490 current charges was and the Director of Community Development said it was for advertising not legal. Item 515.540 books and publications was reduced to $300. (2) Board ofA~k~_~_9/l~ (Paael6ud~ - Paae 97 No changes were made. (3) Community DeYeloDment ~ 26 Budget - Page 98 Backu~ 10 Mr. Freeland asked if medical physicals comes under this line item and the Finance Director said it can. The Director of Community Development explained travel and per diem needs. Mrs. Corum said this is one of the first places she wants to cut all departments. Mr. Freeland said he would like to see justification. Ite~ 524.461 repair/maintenance vehlcles was reduced to $1000; 524.510 was reduced to $1500; 524.529 gasoline and oil was reduced to $2500; 524.542 educational costs was reduced to SS00. Mrs. Corum questioned item 524.528 tires (only). i (4) Constru,ction Board ~Pa~e 30 Budaet - a~ 10~ Backup Item 527.310 legal fees was reduced to $600; item 527.420 postage was reduced to $600 (5) Code ~nforceme~ ~ [Paqe 32 Budaet ~ Paqe ~02 Backup No changes were made. (6) C.D. Capita~ ~ CPaqe 53 Budqet) No capital projects. TAPE V - SIDE II (5:55 p.m.) (7) C.D. Capital ImProvements (Pa~e 58 ~ -- ~ 103 Backup $500 for fax machine was deleted. Staff was directed to review standardization of computers in City Hall prior to the first public hearing. Software changed to $1800; two-way radio for $700 was stricken; files was reduced to $1000. Mayor Powell excused from 6:03 p.m. to 6:05 p.m. Mayor Powell called recess at 6:10 p.m. and reconvened the meeting at 6:18 p.m. Ail members were present. Utilities Director, Richard B. Votamka. P.E. ~1) Water and Sewer Revenues P/~7_~Budqet) (2) Water and ~ewer ~xDenditures ~Pa~e 78 Budqet m page 104 Backup) The Utilities Director gave a brief presentation on his budget. The Finance Director said there are bills in dispute for Hartman and Associates. Item 11 $36.340 audit fees was reduced to $4400 (t~po). Discussion took place on the requested loan from general fund in the amount of $137,000. The Finance Director said this will come out of reserves and not affect ad valorem taxes. Item S36.463 repairs/maintenance office furniture was reduced to $1200; item 536.520 small tools was reduced to $2200. TAPE VI - SIDE I (6:57 p.m.) Discussion took place on the disputed invoice received from Indian River County relative to non- operating disbursements which she will address with the Acting City Manager and Utilities Director. The Utilities Director said his new employee comes in at a level four due to his years of prior service with the City, therefore, his personnel costs will have to be revisited. City council conGurred with a full time clerical position for Utilities. The Utilities Director stated that the Finance Director should be financially rewarded for her service to the city and is willing to give his raise to her. Mr. Freeland commended the Finance Director. The Utilities Director submitted documentation to City Council. Mayor Powell adjourned the meeting at 7:19 p.m. Approved at the Meeting. · 1993, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC\AAE City Clerk 12 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MINUTES SEBASTIAN CITY COUNCIL BUDGET WORKSHOP MEETING SUNDAY, AUGUST $, 1993 - 1:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Powell called the meeting to order at 1:35 p.m. Present: Also Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland City Clerk, Acting City Manager, Kathryn M. O'Halloran Finance Director, Marilyn Swichkow Staff Accountant, Chris Moore Deputy City Clerk, Sally Maio F~nance D~rector, Mar~lYn 8wlchkow, CPA Finance D_gpartmen~ ~ ~0 Budqet = ~ 119 The Finance Director advised City Council relative to proposed salary increase percentages for union and unlimited time status employees and noted that City Council had been given a list of all unlimited time status salaries to refer to. The Finance Director said if City Council were to consider the 3.5% and step for each employee it would cost the city nearly $200,000. Mr. Oberbeck noted that the figure does not include benefits. The Finance Director referred to her letter in the budget backup book on page 119. She explained her intent to utilize a fully automated purchase order and encumbrance accounting accounting system purchased in February 1992 and never utilized. She stated that several software packets were purchased and never used. She said health and accident insurance has been increased $100 per month for every employee as reflected in this budget. Mr. Oberbeck asked if the city is obligated to the plan and the Finance Director said the city has until August 15, 1993 to state its intent to remain in the plan. Mr. Oberbeck asked her to contact Florida League of Cities for other numbers. The Finance Director said she had already done that and it would be brought up under Personnel. The Finance Director explained item 513.318 computer technical support and service agreements; item 513.321 franchise audits/rate analysis; item 513.462 repair/maintenance computers; discussion took place on the increase of item 513.510 office supplies and item 513.520 operating supplies. Mrs. Corum inquired about 513.316 other professional services and GDU, item 513.340 contractural services; item 513.400 travel and per diem; item 513.470 printing and binding to which the Finance Director stated it was her intent to submit a comparative financial report to GFOA annually as Vero Beach and Indian River County does. Item $13.470 printing and binding was re4uced to $1800. Mrs. Corum questioned 513.490 other current charges, item 513.490 other current charges was change4 to $400° TAPE I - SIDE II (2:25 p.m.) (2) Finance ~ Improvements /~ ~_Z Budget 1 Pa_~g~Backup The Finance Director recommended that the Acting City Manager appoint a committee to look at long term computer needs and then went on to explain her capital improvements needs. Mrs. Corum inquired whether a line item will be reduced if the copier is purchased. The Finance Director said other contractural services will be reduced. Discussion took place on the abandonment of a capital items inventory in City Hall over the last several years which will be re-established. City Councll concurred with the capltal purchases which reduced line item 513.340 other oontraotural services to $2000. Mr. Oberbeck inquired about the $95,000 appropriated last year for computers and the Finance Director responded that that equipment is being utilized in her office and the Police Department. (3) ~ Department P~ 12 Budaet) It was the consensus of City Councll to add $8000 for labor relations attorney to make it $16,000. (4) Debt Service (Paqe 50 Budget This is debt service on CAVCORP property. (5) ~ealth and Accident {Paqe 82 ~ Again it was noted that it will cost an additional $100 per employee. It was noted that staff was looking at other options for Health Insurance. The Personnel Director said FLC prices will be similar to McCreary. (6) ~orkers' Compensation ,(Paqe 84 ~ The Finance Director expressed concerns regarding the TRICO agreement. She said she would like to get back to City Council on this. Mr. Oberbeck offered to drop his workers compensation as a legislator. The Finance Director said Florida law requires coverage, however, she will look into it. Clty Clerk, KathrYn M. O'Halloran, CMO (1) Legislative (Paae 6 Budqet) No changes were made. (2) ~ ~lerk {Paqe 20 Budaet - Paqe 127 Backup) Mrs. Corum inquired about 519.316 other professional services. Item 519.400 travel and per diem was increased to $2500. TAPE II - SIDE I (3:24 p.m.) Mr. Freeland inquired about employees making personal calls. The Finance Director said it was expected that two new phone lines will be put in. Item 519.410 telephones was increased to $13,000. Mr. Oberbeck was excused from 3:32 p.m. to 3:34 p.m. Mr. Oberbeck inquired what copiers are leased and what are owned. Staff was directed to locate the leased copy machine that was previously in the City Clerk's office and determine how it is being charged. Item 519.440 equipment leases was reduced to $2500; item 519.464 repair/maintenance other was deleted; item $19.470 printing and binding was reduced to $5000; ite~ 519.4Sl fireworks was reduced to $5000; item $19.482 holiday decorations was deleted; item 519.483 employee incentive was decreased to $500; item 519.491 election costs was increased to $5500; item 519.510 was reduced to $6000; item 519.541 dues and memberships was reduced to $700. TAPE II - SIDE II (4:10 p.m.) Item 51g.542 educational costs was reduced to $1500. (3) Citv~ Capital ImDrovgments Ail requested funds were approved as recommended. It was noted that the City Clerk's office will determine what is the best fix for the Chambers sound system. Mayor Powell called recess at 4:30 p.m. and reconvened the meeting at 4:55 p.m. Ail members were present. Golf Course, Joseph ~, O'Rourke/Chris Mccarthy ~olf Course Revenues [Pa~e ,,60 ud~ ~ Paqe 142 The Golf Course Manager reported on recommendations made at a meeting with Golf Course members on August 3, 1993 and reiterated in a memo from him to City Council dated August 6, 1993 (see attached). The Golf Course Manager recommended proposal B. The Finance Director said this recommendation is not reflected in the proposed budget. She advised that the debt service requirement will not be met even with any changes resulting from proposal B. She recommended a new revised proposed budget reflecting any directions Council gives to the Golf Course Manager. Mr. Freeland said he had asked for a forecast of revenues. Discussion took place on how to best proceed with the proposed Golf Course budget. It was the consensus of City Council to direct the Finance Director and Golf Course Manager to meet and present a new proposal to City Council. It was the consensus of Council to tentatively schedule a special meeting for Friday, August 20, 1993 at 5:30 p.m. 4 City Manaqer/Personnel~ ~ Wi~mann (1) City Manaaer/Personnel (Pa~e ~ ~ m Paae ~48 Backup) Mrs. Corum asked that Council consider requesting the return of the City Manager's city keys. Mr. Oberbeck asked if Council would be within its rights by taking this action at a budget workshop or if this should be an administrative action. The Finance Director said it was not illegal unless challenged, since Council is not taking action on any administrative process of city government. The Personnel Director said normally the last paycheck is withheld pending return of city property. The City Clerk read an excerpt from a letter from Attorney Torpy. MOTION by Oberbeck/Freeland I make a motion to put it on this agenda. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 MOTION by Oberbeck I would move that all items of city property currently in position of the suspended City Manager including keys to the building be returned as soon as possible also recommend that we direct the City Clerk /Acting City Manager to engage a locksmith and change the cylinders on the doors to City Hall to new keying. MOTION died for lack of a second. MOTION by Oberbeck/Freeland I would move that we direct the suspended City Manager to return any and all city property given to him during the course of employment including keys, telephones, whatever it may be. TAPE III - SIDE I (5:30 p.m.) Mrs. Corum expressed concern for requesting other than keys back at this time. ROLL CALL: Mrs. Corum - nay Mrs. Damp - nay Mr. Freeland - nay Mayor Powell - aye Mr. Oberbeck - aye MOTION FAILED 2-3 (Corum, Damp, Freeland - nay) MOTION by Freeland/Corum I'd like to make a motion that we direct the City Clerk to have Mr. McClary return the keys that he has to the building and all keys that he has as well as his cellular phone that belongs to the City. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 Mrs. Corum inquired whether 512.316 other professional services was to update the SOP and the Personnel Director responded that there are software programs and consultants available to assist in Personnel matters. The Finance Director recommended reviewing health insurance options in-house. · Item 512.510 office supplles was reduced to $1500; item 512.542 educational costs was reduced to $1200. (2) ~~ Capital Improvements CPaae ~7 Budaet : Paae ~5~ Backup The fax machine ($500) was deleted, the printer was W reduced to $4000 and the laser printer ($1300) was deleted. (3) ~~ompensation ~ Mayor Powell called a dinner recess at 6:05 p.m. and reconvened the meeting at 7:07 p.m. All members were present. Personnel evaluations were discussed. The Finance Director explained that unlimited time status employees have a step plan built in as do union employees, and recommended a plan for rank and file which rewards on merit. Mr. Freeland recommended 4%. The Finance Director said the budget assumes a 5% retirement match for each employee. TAPE Iii - SIDE II (7:26 p.m.) Mr. Oberbeck stated that each employee is already receiving a $1200 increase for health insurance and recommended allocating an amount of money to distribute in merit raises at a later date. The Personnel Director said the average pay for city employees is $10.28 per hour. Mr. Freeland reiterated 4% is a reasonable amount with adjustments to department heads who have not been included in a step plan. Mrs. Corum said 4% is way out of line, said government jobs are safe and stable with excellent benefits, and concurred with the $1200 annual insurance increase being sufficient. Mrs. Damp said there has been no millage increase in a few years. The Finance Director gave estimated personnel costs as follows: current salaries 3.357 million 3.5 with step - 3.5 million ($170,901 increase) 3.5 without step - 3.474 million (115,659 increase) The Finance Director said the health insurance was not included. $109,000 plus with health insurance. Mr. Oberbeck said this will be referred to as the year of the freeze. The Personnel Director said the employees should not be penalized because the health insurance should have been better looked into last October. The Finance Director requested guidance from Council and advised them that she had submitted 6.90 mills, that it could be lowered but not increased. The Finance Director recommended the health insurance be paid by the city and that a merit pool in the amount of $100,000 be established with guidelines to be drafted by the Personnel Director, approved by the City Manager and brought back to City Council for approval. She recommended a line item for special pay in the amount of $10,000 for an Acting City Manager. The City Engineer explained his increase procedures. He said everyone has to achieve at least satisfactory in all ten categories. TAPE IV - SIDE I (8:09 p.m.) The Finance Director recommended that the merit pool system be implemented for this fiscal year for all employees. Mr. Oberbeck recommended that the Airport Manager should receive the $1200. City council concurred. Mr. Freeland recommended that the City Clerk and Finance Director be given raises and the $100,000 merit pool go to the City Manager for review and recommendation to City Council. Mr. Oberbeck recommended specific increases for specific unlimited time status employees. City did not concur with this idea. Mrs. Corum recommended a freeze and no merit pool and Council did not concur. Mr. Freeland recommended the $100,000 merit pool be turned over to the City Manager and Finance Director and brought back to City Council. City Council concurred. The Finance Director reiterated the addition of $10,000 for special pay in the City Manager's fund. Council concurred. The City Councll concurred to give the City Clerk a salary of $40,029. Discussion took place on the loan between the Mayor and City Clerk. City Council concurred to give the guaranteed $2000 to two contract employees. The Finance Director said she did not believe those two employees should be eligible for the merit pool. City Council concurred. Mayor Powell called recess at 8:45 p.m. and reconvened the meeting at 8:55 p.m. All members were present. The City Manager reported on streets line item 541.464 repair/maintenance other (page 38 Budget) and recommended that it be reduced to $9000. Discussion took place on the requested $6000 in parks capital improvement for riding mower. The City Engineer said he could replace the engine for $1300. 8 The $6000 vas deleted and $1500 was placed in parks expenditures under repairs equipment 541.465. The Finance Director gave a final total of cuts in the amount of $142,041 and an additional $15,000 to 20,000 from retirement line item. TAPE IV - SIDE II (9:05 p.m.) The Finance Director recommended staying with 6.9 mills to establish a contingency reserve. I The City Enqineer ~equested the position of clerical II be kept at clerical I and go to full time. City Councll concurred. i The City Engineer requested an Engineering Technician II position to be filled by the current Engineering Technician, upgrading the current Heavy Equipment I Operator to Engineering Technician, upgrading current Maintenance I, being paid at a Maintenance III rate, to the Heavy Equipment Operator. Mr. Freeland recommended that this be delayed to the first budget revision as well as the Police request for new personnel. It was the consensus of City Council to approve the upgrades for current employees I the Maxntenance I position open until the and leave first quarter budget revision. I The City Engineer requested three new positions for a "culvert crew", two Maintenance I and one Maintenance II. Mr. Oberbeck inquired about the location of funds for a.drainage engineering study. He requested I that staff Investigate its whereabouts. city Council concurred with the three new positions. The Acting City Manager requested an increase of $2500 per year for the Finance Director, in acknowledgment of her dedication to the city. City Council concurred. Mr. Oberbeck asked what the asterisk next to the Assistant Golf Course Superintendent signifies. The Finance Director explained that he is being proposed for unlimited time status. Mrs. Corum inquired about the funded utility position and stated that Council should not be forced to pay a higher amount than was budgeted. The Finance Director said she would request the Acting City Manager and Personnel Director to look into it. Mrs. Corum asked that the city consider a planner. Mayor Powell adjourned the meeting at 9:50 p.m. Approved at the Meeting. , 1993, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC\AAE City Clerk 10 I City of.Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 11, 1993 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITFAVIS BELOW MAY BE INSPECTED IN THE OFFICE OF ~ CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 2. 3. 4. Mayor Powell called the meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. No one was available for invocation. ROLL C~.,L Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Marilyn Swichkow Chief of Police, Earle Petty Utilities Director, Richard Votapka Personnel Director, Wendy Widmann City Clerk/Acting City Manager, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting August 11, 1993 Page Two AGENDA MODIFICATIONS CADDITIONS AND/OR ~ - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-95-19). The Mayor announced that Nate McCollum had requested that item 93.235 Indian River County Emergency Services request for the Yacht Club be withdrawn from the agenda at this time. City Council concurred. 6. .PROCLAMATIONS ~ ~%NNOUNCEMENTS None· PUBLIC ~ FINAL ACTION None. Introduction of N~W ~ Sr0m the Public John Kanfoush c OverqrowD Lots ~No Backup) ~ ~ ~ Not Addresse~) Mr. Kanfoush, 1437 Seahouse Street, Sebastian, expressed concern about a lot on Larkspur with a slab, lumber and overgrown grass. The Director of Community Development said he would look into it. Mr. Oberbeck reported on a lot on Georgia Boulevard containing fill. 9. CONSEN~ AGE~DA Ail 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 - 7/28/93 Regular Meeting, 8/4/93 Workshop 9B~eB~ ...... B=--~d~a~-R~ve~-eeu~y-~me~§efley-Ma~a~eme~-Se~¥~ees BeDes~e-a~d-Re~a~-Pees---Seeemd-M~dayi~-~aeh da~e~-~$~eB?-A~}~eae~em~ Regular City Council Meeting August 11, 1993 Page Three 93.236 C. 93.237 D. 93.238 93.239 93.240 MGB Construction - Specimen Tree Removal Request - Three Pines - Lot 12, Block 458, Unit 17, Sebastian Highlands (Director of Community Development Transmittal dated 7/26/93, Application, Survey) ~_~_~NO~ R-93-36 - Mutual Aid Agreement - IRC/City of Sebastian (Police Chief Transmittal dated 7/28/93, R-93-36, Proposed Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY; A MUTUAL AID AND VOLUNTARY COOPERATION AGREEMENT; RATIFYING THE AGREEMENT AS SIGNED BY THE CHIEF OF POLICE FOR THE CITY OF SEBASTIAN; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. ~-93-37 - Communications Agreement (911) - IRC/City of Sebastian (Police Chief Transmittal dated 7/28/93, R-93-37, Proposed Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY; A COMMUNICATIONS SERVICES AGREEMENT; PROVIDING FOR RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Approve Communications Tower Lease Agreement - City of Sebastian/Indian River County Emergency Services - $150.00 Monthly Rental (Police Chief Transmittal dated 8/2/93, Wright Letter dated 6/22/93, Proposed Lease Agreement) Approve Defensive Driving Enrollment Agreement with Indian River County - $10.00 Per Employee (Personnel Director Transmittal dated 8/2/93, Agreement) The City Clerk/Acting City Manager read the consent agenda in its entirety, including titles for Resolution Nos. R-93-36 and R-93-37. 3 Regular City Council Meeting August 11, 1993 Page Four 93.237 The City Attorney removed item A 8/4/93 workshop minutes and item E-Resolution No. R-93-37 - Communications Agreement. Mrs. Corum removed items D Resolution No. R-93-36 - Mutual Aid Agreement and item F Tower Lease Agreement. Mrs. Damp removed item G Defensive Driving Enrollment Agreement. MOTION by Oberbeck/Corum I move that we approve item C of the consent agenda. VOICE VOTE on the motion carried 5-0. ~tem A n~ofMinutes m 7/28/93 Rec~ular Meetinq, 8/4193 ~rksh0p The City Attorney requested a revision to the August 4, 1993 workshop minutes regarding waiver of written notice of suspension by Attorney Justice on behalf of his client. He requested that the minutes reflect that in accordance with Section 3.03 B of the City Charter "Mr. Justice waived both the notice of suspension and the actual delivery of the written charges due to the fact that he was provided with the written charges before the meeting by myself (Attorney Nash).". MOTION by Oberbeck/Freeland I would move that we approve item A of the consent agenda pertaining to the workshop meeting of 8/4/93 with correction. VOICE VOTE on the motion carried 5-0. MOTION by Oberbeck/Freeland I would move that we also approve item A the minutes of 7/28/93 regular meeting. VOICE VOTE on the motion carried 5-0. ~tem ~ ~ RESOLUTION NO, ~ ~ Mutual Aid A~reement m IRC]City of Sebastian Mrs. Corum inquired as to the source of funding when the agreement is utilized. Chief Petty responded that each force is paid by its own agency. Regular city Council Meeting August 11, 1993 Page Five 93.238 93.239 MOTION by Corum/Oberbeck I move the approval of item D of the consent agenda. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 Item ~ ~ RESOLUTION NO. R-93-37 ~ Communi. Qat~ons Aqreemen~ (911) ~ IRC/City of Sebastian The City Attorney recommended minor grammatical revisions to the agreement and recommended approval with revision. MOTION by Oberbeck/Freeland I would move we approve item E of the consent agenda with corrections as stated. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Itek ~ m ADDrove Communications ToweF Lease Aqr~ement In response to Mrs. Corum, the Chief of Police said access to the building by other agencies would not be necessary. MOTION by Corum/Oberbeck I move the approval of item F of the consent agenda. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 5 Regular City Council Meeting August 11, 1993 Page six 93.240 1 Aqreement I Mrs. Damp recommended that the train%ng course be I made mandatory for all those using city vehicles. The Personnel Director said it can be implemented as part of disciplinary action to require anyone who has i had an acczdent to take the course. MOTION by Damp/Freeland I make a motion that we approve item G Defensive Driving Enrollment on the consent agenda. Mr. Oberbeck inquired as to the source of funding. The Personnel Director said it will come out of training in each individual budget and probably no one will utilize it until the new fiscal year. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 10. PRESENTATION8 None. 11. MAYOR J%ND CITY--MATTERS A. Mrs. ~rmaD_~R Mrs. Damp inquired about special labor counsel and City Attorney costs for the investigation of the suspended City Manager. The City Attorney responded that $5,000 to $10,000 for special labor counsel, including travel expenses, and perhaps the same amount for his firm would be reasonable estimates. He went on to estimate costs if this goes to state or federal court and advised City Council in regard to alternative dispute methods. The City Attorney also reported that the City's Special Labor Counsel is tentatively scheduled to meet with him on August 18, 1993 and to be in City Hall to begin his investigation. 6 Regular City Council Meeting August 11, 1993 Page Seven 93.241 Mrs. Damp said she is not comfortable with City Council's decision-on salaries during budget workshops and recommended that City Council meet in executive caucus with the City's negotiating team. The City Clerk/Acting City Manager said she will be requesting City Council to schedule an executive caucus later on in the meeting. Mr. Robert Fr. l n None. public ~ Of ¥or~ ~B Voting Conflict Relat~v~ So AppointmeD% 9f ci~ cler~ as ct~_q~_~/~Mana~er (Form 8B) The City Attorney read Form 8B, voting conflict, into the record (see attached). The City Attorney stated, for the record, that filing this form is in accordance with his advice to the Mayor. Mayor Powell said, for the record, he has paid off the City Clerk and there is no conflict now. D. Vice-Mayor Frank O_berbec~ Mr. Oberbeck inquired about speed bumps at Lake and Fleming, to which the City Engineer responded he will be meeting with the City Clerk/Acting City Manager to determine what action to take and the City Clerk/Acting City Manager said additional signs had been installed at the intersection. Mr. Oberbeck said at the corner of Wimbrow and Fleming there is overgrowth that blocks the view. E. Mrs~ Carolyn Coru~ Mrs. Corum inquired about the letter of non- compliance from DCA on the Rhodes property, to which the Director of Community Development responded that Mr. Rhodes intends to submit additional information to help facilitate DCA concerns; inquired about trucks in the Food Lion parking lot, to which the Director of CommunitY Development responded that all vendors other than semis, by the stores own regulations, deliver through the front during certain hours, that this is in violation of the City's code, 7 Regular city Council Meeting August 11, 1993 Page Eight that there are two options available, and recommended that he meet with the store manager to delineate an area strictly for that use; and read a letter she received from Congressman Bacchus regarding scrub habitat. TAPE I - SIDE ii (7:50 p.m.) Mayor Powell said he had received calls from Orange Heights residents and asked if the City Engineer had a proposed plan for the twin pairs. The city Engineer said he could prepare a plan by tomorrow and said there is a meeting scheduled for Tuesday, August 24, 1993 at 6:00 p.m. between residents and Indian River County relative to CR 512. 12. CITY ATTORNEY MATTERS The city Attorney spoke on his response letter to the County Attorney relative to the requested special use permit for burning and mulching; and advised City Council on procedures to be followed on what he purports to be the Police station air design defect. The Director of Community Development reported on his activities thus far in respect to alleviation of the air quality problem, recommended that an item be placed on the agenda tonight for approval by City Council to consider engaging the services of two different mechanical engineers to review the matter and obtain evidence for the City. 93.054 MOTION by Oberbeck/Freeland I would move that we incorporate the item with regard to the air conditioning system at the Police Station to the agenda tonight in consideration of engaging two consulting firms for review of the system not to exceed $6,400. ROLL CALL: Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 Regular City Council Meeting August 11, 1993 Page Nine 93.183 MOTION by Oberbeck/Corum I would move that we authorize staff to engage the two consulting firms, mechanical engineering consulting firms, to prepare for us reports on the existing systems, existing system at the Police Station, with a total cost for the two firms not to exceed $6,400. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 The City Attorney discussed the proposed Skydive Sebastian lease, noting that drop zone insurance is a requirement that they are unable to obtain and inquired whether City Council would consider changing the lease to require them to maintain the drop zone thus making them liable. The City Attorney said he was advised by First Union National Bank of Florida that Carl Julian is exploring the concept of deeding the St. Sebastian PUD to First Union in full satisfaction of his mortgage, that they had inquired what the City would want to release any interest it had in the property as second lienholder in accordance with Main Street realignment agreement, said he had suggested that First Union make an offer for City Council to consider. He said he will keep City Council apprised of all future developments. Discuss ~ure - GDU Rate Hearing ~No BackuD) The City Attorney reported on the engagement of Rachlin and Cohen to review the rate increase request from GDU, stated GDU says it will accept the rates recommended by the consultants, recommended City Council conduct the hearing and advised it on criteria it should consider, i.e., determining quality of water issues, service complaints, costs of the system itself and as adjusted, operating costs for the system, reasonable rate of return on the investment that the utility has made. He advised on general hearing procedures to follow to take evidence Regular city Council Meeting August 11, 1993 Page Ten from the public, GDU, staff and consultants in that order. He recommended that the record be kept open for receipt of written submissions for a period of time as established by City Council (suggested August 30 at 4:30 p.m.) and then deliberate in early September and enter an order, unless City Council feels comfortable making certain findings of fact and decisions at the hearing. TAPE II - SIDE I (8:38 p.m.) The Finance Director said she had reviewed the GDU rate case which is on file in the City Clerk's office and invited City Council members to meet with her with any questions. Mayor Powell called recess at 8:45 p.m. and reconvened the meeting at 9:00 p.m. Ail members were present. 13. CITY MANAGER M~TTERS The City Clerk/Acting City Manager announced that the Personnel Director had requested a preliminary executive caucus prior to further union negotiations. The caucus was scheduled for Tuesday, August 17, 1993 at 6:00 p.m. in the City Manager's Conference Room. The City Clerk/Acting City Manager reported on City Council directives to staff during the month of July. She advised that staff recommendation on special use permit procedures will be on the August 25, 1993 agenda. 14. ~REPORTS;RECOMMENDATIONS A. POLICE PENSION BOARD 93.242 me ADDoint New ~ in Lieu of Napier Resianation~Clerk ~ransmittal date~ 8/6/93. Gore ~etter d~ted 7 4_7_~ section 58-5~ Co~ of Ordinances. Board Member List) Mr. Oberbeck asked if a formal resignation had been submitted by Mr. Napier and was informed that it had not. He suggested that this item be postponed to allow staff to contact Mr. Napier and following a brief discussion it was postponed until the September workshop. 10 Regular City Council Meeting August 11, 1993 Page Eleven 15. OLD BUSINESS None. 16. NEW BUBINEBB 93.243 A. Laconia Street - CR 512 - ~ ~ngineer RepQrt - Information ~urposes only ~ ~ng~neer ~ransmltt~ ~ 7/29/93) No action was required. 93.244 Barber Street SPorts ~ Budoet - City Engineer Report - Information ~On_D~ ¢Citv ~ ~ ~ated 7/29/93) No action was required. 93.245 Bid Specifications for wlBdow Replacement i__n City Hall (Director of ~ommunit¥ Development ~r~nsmittal dated~ Ed Gilcher, Emergency Management volunteer, urged approval of the improvement and offered recommendations. George Metcalf, 425 Pine Street, Sebastian, recommended that specifications be written by an architect. The Director of Community Development recommended that this be bid out to a general contractor, discussed open versus fixed windows, safety issues and reopening sealed windows. City Council discussion took place. MOTION by Fr,.land/Damp I make a motion that we authorize the staff to bid the new windows and shutters for City Hall. ROLL CALL: Mrs. Corum - nay Mrs. Damp - aye Mr. Fr.,land - aye Mayor Powell - aye Mr. Oberbeck - aye MOTION CARRIED 4-1 (Corum - nay) TAPE II - SIDE II (9:44 p.m.) ll Regular City Council Meeting August 11, 1993 Page Twelve 93.246/ D. 92.179 93.247 Set Public ~ for SeptembeF ~_~ 1993 to Amend Henry ~, Fischer ~u!ch/Burn Special Use Permit ~ bv ~ No. R-92-33 to ~ Area and ~%D_q~ ~ Date ~ of~LU~_~ Development Transmittal dated 7/29/93, ADDlication. ~ Letters ~ated 6/24/93 and 3/~ D CD Letter dated ~ R- ~ DCD ~ 7/30/95) John Revela, 429 Georgia Boulevard, and A1 Vilardi, 445 Georgia Boulevard, Sebastian addressed City Council on this issue. MOTION by Corum/Oberbeck I make a motion to set.the public hearing for September 8, 1993 to consider a special use permit for Henry A. Fischer. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - aye MOTION CARRIED 5-0 City Cler~ ComDensationAsActing City Manager ~City Clerk Transmittal dated 8/6/93. 8/4/93 ~inutes) Mayor Powell said he had asked that this be put on the agenda based on action at the last meeting. MOTION by Oberbeck/Corum I would again move to compensate the City Clerk by 20% of her salary for the duration of time she is the Acting City Manager. Following a brief discussion, motion was made. ROLL CALL: Mr. Freeland - aye Mayor Powell - aye Mr. Oberbeck - aye Mrs. Corum - nay Mrs. Damp - nay MOTION CARRIED 3-2 (Corum, Damp - nay) 12 Regular city Council Meeting August 11, 1993 Page Thirteen 93.248 17. INTRODUCTION OF N~ BUSINESS ~ THE PUBliC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) ae Rick ~iteles - ~_~BR~ver Area Chamber of commerce ~ Neqotiate ~ Buildi~q Exchang~ ~hamberof Commerce/Old Library (Giteles ~ dated ~ City Attorney Letter ~ .~13/93, ~it~ Manaaer LetteF 6/22/93) Mrs. Corumwas excused from 9:53 p.m. to 9:55 p.m. John Revela, 429 Georgia Boulevard, Sal Neglia, 461 Georgia Boulevard, A1 Vilardi, 445 Georgia Boulevard, all of Sebastian, addressed City Council on the issue. Rick Giteles, Chamber of Commerce, presented his request to City Council to negotiate the exchange of property. He said tax assessors records show that the parking lot behind the Chamber of Commerce building is owned by the Chamber of Commerce and submitted a survey of the site. The City Attorney gave a brief history and offered options. City Council discussion followed. Mayor Powell was excused from 10:18 p.m. to 10:20 p.m. Mr. Oberbeck asked that this be held in abeyance for six months and discussion continued. Mr. Freeland was excused from 10:21 p.m. to 10:22 p.m. It was the general opinion of City Council to hold this in abeyance while the City considers other financial issues and give the Chamber of Commerce first consideration. 93.249 B. JohD ~ ~ Sebastian River Area Chambe~ of Commerce ~ Request ~se of~Zi~ Park and ~acht Club "Santa's Sail In" ¢CitY Clerk Transmittal dated 7/29/93. ~ Letter dated 7/29/93) TAPE III - SIDE I (10:30 p.m.) 13 Regular City Council Meeting August 11, 1993 Page Fourteen 93.250 18. John Malek, Chamber of Commerce, requested a consensus of City Council on the idea of Christmas festivities at Riverview Park. It was the consensus of City Council to concur with the request and directed Mr. Malek to keep City Council informed. At 10:30 p.m. motion was made. MOTION by Damp/Oberbeck I move to extend the meeting for ten minutes. VOICE VOTE on the motion carried 5-0. Don Dertea~ ~ ~ Operator ~ (Advertisement and Job DescriPtion) Don Berteau, Englar Drive· questioned procedures in regard to recent advertising for a computer operator. The Personnel Director explained the procedures that she used in regard to filling this position. Being no further business, Mayor Powell adjourned the meeting at 10:40 p.m. Approved at the Meeting. · 1993, City Council Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC\AAE City Clerk 14 I City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA FORM 8UB~ECT~ Resolution No. R-93-38 Voluntary Noise Abatement Rules APPROVED FOR SUBMITTAL BY: Agenda No. Dept. Origin Airport Through: city Clerk/ACM Date Submitted For Agenda Of Exhibits: Airport Manager Letter dated 8/18/93 R-93-38 (Legislative Form) EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: ~;UMMARY STATEMENT The Airport Manager has submitted a resolution to amend the current Sebastian Municipal Airport voluntary noise abatement Resolution No. R-89-39 to comply with the proposed airport master plan if and when approved. On behalf of the Airport Manager, I have submitted a new Resolution No. R-93-38 in legislative form for your approval, which has been reviewed and approved as to form and content by the City Attorney. RECO~~ED ACTION Move to adopt Resolution No. R-93-38 Sebastian Municipal Airport voluntary noise abatement rules. DATE: TO: FROM: RE: MEMORANDUM AUG t8, 1993 KAY 0 'HALLORAN JOHN VAN ANTWERP AIRPORT NOISE ABATEMENT RULES ATTACHED IS A REVISED COPY OF R-89-39, CHANGES TO PARAGRAPH ?. I HAVE SPOKEN WITH MR EDWARD HOWARD FEDERAL AVIATION A.~;C~P.Y, AIRPORTS DISTRICT OFFICE, ORLANDO FLORIDA, IN HIS OPINION THIS VOLUNTARY NOISE ABATEMENT RULE IS NOT IN CONFLICT WITH FAA POLICY ON AIRPORT TRAFFIC PATTERNS. FOR INFORMATION PURPOSES THE PRESENT POLICY IS TO CLIMB ON RUNWAY HEADING TO 500 FT, THE STANDARD POLICY WOULD TO CLIMB ON RUNWAY HEADING TO 700 FEET, THE PROPOSED MASTER PLAN POLICY, IF APPROVED, WILL BE TO CLIMB TO 1000 FEET. RESOLUTION NO. R-9~r$8 A RESOLUTZON OF THE CZTY OF BEBASTZI~I, INDZAN RIVER COUNTY, FLORZDA, PERTAZNING TO THE SEBi~BTII~I MUNZCZPAL AIRPORT; PROVIDING FOR THE i~OPTION OF VOLUNTI~Y AIRPORT NOISE ABATEMENT RULES~ DIRECTING THE CITY MI~I'AOER TO iMPLEMENT THE PUBLICIZlNO OF THE VOLUI~i~Y AIRPORT NOISE i~ATEMENT RULES~ PROVIDING FOR REPF. J~ OF RESOLUTIONS OR PART~ OF RESOLUTIONS IN CONFLICT HEREWITH; ~ PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has determined that in order to further the cooperation between the users of the Sebastian Municipal Airport and the residents of the community, voluntary airport noise abatement rules should be enacted to minimize the interference to the quiet use and enjoyment of the residences while providing for continued use of the Sebastian Municipal Airport. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that~ ~ection 1. VOLUNTARY AIRPORT NOISE ABATEMENT RULES. That the following voluntary airport noise abatement rules for the use of the Sebastian Municipal Airport are hereby adopted: "Every airport located in a populated area has a responsibility to keep noise levels as iow as practical. Sebastian Municipal Airport is doing everything possible to abate noise and request the cooperation of all pilots in observing the following: 1. Runways 4 and 22 are the preferred runways: Runway 4 for departures, Runway 22 for landings. If feasible, please use these runways. 2. If conflicting traffic or heavy wind do not allow the preferred runways to be used, please use Runway 4 for both departures and landings. 3. From dusk to dawn, unless wind conditions absolutely require use of Runway 13 or Runway 31, please depart on Runway 4 and land on Runway 22. 4. Maintenance run-ups of aircraft engines between the hours of 10:00 p.m. and 7=00 a.m. shall be performed under emergency conditions only. 5. Pilots should avoid populated areas by flying over roadways and waterways whenever feasible. 6. General aviation turbojet and turbofan aircraft shall observe standard National Business Aircraft Association Noise Abatement Procedures when taking off on any runway. 7. Ail aircraft are requested to use a standard left-hand traffic pattern. After take-off aircraft should maintain runway heading to an altitude of see ~ feet or the airport'boundary, whichever occurs later, before the pattern or turning a cross-wind leg. ~-~f~-sha}} een~n~e-~hen-~e-e~m~-~e-a-m~n~m~m-a~~e-e~-~e~e-~ee~=- 8. Ail aircraft are requested to maintain a minimum altitude of 1000 feet for as long as possible prior to beginning departing from their descent for landing. 9. Pilots-in-command are requested to maintain as high an altitude as possible and refrain from going to final approach configuration as long as possible consistent with 2 safety. Please, whenever possible, do not bring the aircraft in under high power. 10. Instructors are.requested to refrain from teaching "engine out" procedures and simulated engine failures at low altitudes and over populated areas near the airport. 11. All aircraft using Sebastian Airport airspace are requested to monitor standard unicom frequency 122.8 MHz at all times. 12. Notwithstanding any of the foregoing, the pilot- in-command's discretion will prevail at all times and if, in his or her opinion, any noise abatement procedure will negatively affect the safety of any specific departure or landing, he or she may use a different runway." Section 2. PUBLICATION. That the City Manager is directed to take such steps as he deems necessary and reasonable to publicize the Voluntary Airport Noise Abatement Rules contained in this Resolution. Section 3. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed~ includinq Resolution No~ R-89-39. Section4. EPFECTIVE DATE. This Resolution shall take effect immediately upon final passage. 3 The foregoing Councilman by Councilman vote, the vote was as Resolution was follows: moved for adoption by . The motion was seconded and, upon being put to a · Mayor Lonnie R. Powell ~ Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma Damp · Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this day of ..... , 1993. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 4 City Manager EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT A single bid was received from B and B Property Inc, to jack and bore four inch steel casing. Their unit price was $60.00 per LF. or approximately $12,000 for the four separate crossings. The jack and bore locations are where the irrigation wells will supply water to the medians. A fifth location may be required depending on negotiations with the property owner for the placement of the pump and well within an existing FPL easement approximately 1300 feet south of the Washington Street intersection. Upon review of their unit price, it is my opinion that the bid price is not competitive when costs should have been approximately one half to one third of the price received. RECOMMENDED ACTION Move to reject the bid proposal from B and B Properties and instruct staff to readvertise the U.S. #1 jack and bore bid packages. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Bid award - Broom ) Tractor ) Approved for Submittal By: ~cf/~3 ~anager~- ~ J ~City Agenda No. Dept. Origin Date Submitted ENG/~ 08-19-93 For Agenda of 08-25-93 Exhibits: Bid Tabulation EXPENDITURE REQUIRED: $20,105. AMOUNT APPROPRIATION BUDGETED: $18,000. REQUIRED: SUMMARY STATEMENT Two bids were received. Apparent low bidder was Sunrise Ford for the amount of $19,999. which includes $2,500 for the trade in of the existing tractor. The City had recently purchased a riding mower from Sunrise Ford and it has been past experience that they have been unable to provide service or parts within a timely manner. The apparent next low bidder was Berggren Equipment company located in Ft. Pierce. Their price is approximately $160 more than the Ford Tractor with trade in allowance. This would be for a John Deere 5300 tractor which meets all of the specification requirements. In addition, this tractor has a 50 HP diesel engine as compared to the Ford tractor which is 45 HP. Considering excellent service and avilability of parts for John Deere through Berggren Equipment Company and that the engine has an additional 5 HP, the $106 can be justified over the low bidder. RECOMMENDED ACTION Move to award the bid to Berggren Equipment Company for the 5300 tractor with attachments for $20,105. I City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 BID TABULATION CITY OF SEBASTIAN BIDS DUE August CONTRACTOR/VENDOR ITEM Berggren EquiDment 17th, 1993 2:00 DESCRIPTION Sunrise Ford Broom Tractor Salvage Broom Tractor Includes Trade of P.M. $22,605. 2,500. $19,999. 2,500. NO OTHER BIDS WERE RECEIVED '~.3. Z5,5' City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 I AGENDA FORM Agenda No. Henry Fischer Request for Special Use Permit - Reschedule Public Hearing APPROVED FOR SUBMITTAL BY: City Manager: ~,~ '~ ) ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: Ci~ clerk 8/19/93 Fischer Letter dated 8/16/93 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: ~ STATEMF. cNT, The City Council, at its August 11, 1993 Regular Meeting, scheduled a public hearing for September 8, 1993 on a Special Use Permit request from Henry Fischer for a burning and mulching facility. We have received a request from Dr. Fischer to reschedule the public hearing to enable him to provide the Director of Community Development with appropriate documentation. RECOMMENDED Move to reschedule the public hearing on the Henry Fischer special use permit for October 13, 1993. ~w Henry A. Fischer, D.D.S. August 16, 1993 Kathryn O'Halloran Acting City Manager '1225 Main Street ~' Sebastian, FL 32958 Re: Public Hearing ::~".::','.??::,:-~."~., ..... -'FollOwing ~ur conversation -,"'-~"~.~'~ regards .to the Publ$c Rea~ng on the Special Use Permit. ..~;: I ~ ~n',rece~pt'of Four Aug; Public .-R~r~ng :to~ occ~ "..:-- The~.-answer to ..yoUr. question on :su~ou.nding property .owners,' the~ r~ai~n .~e ..same. Enclose~ is a July 30, 1993 'three page letter fr~ BrUce Cooper~ In.~order for mrovide Bruce with all the tegal descriptions and .proper monumen~tion it will be necessary for me to'ask for this public hearing to' be held 30 ~ys later. My surveyor has Just returned from vacation and he-cannot provide the re~ested information by August 30, 1'993. I will take me a 'few .more weeks to gather all this information. - ! Thank you for your assistance in this matter. HAF/baf cc: Bruce Cooper City of Sebastian 1225 MaJ. n Street~., SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 [~ FAX (407) 589-5570 July 30, 1993 Dr. Henry A. Fischer P.O. Box 780068 · Sebastian, FL 32978 Reference: Special Use Permit Dear Dr. Fischer: On June 14, 1993, I received your application and payment of fee for your request to amend your special use permit pursuant to my letter dated June 11, 1993. i received the following documents: 1. Special Use Permit Application, A letter dated June 24, 1993 from Henry A. Fischer identifying the amended area, A copy of your Preliminary Subdivision for San .Sebastian Springs West with a highlighted area identifying the proposed new area for your facility. I will be placing this item on the City Council's agenda of August 11, 1993, only to set the required public hearing on September 8, 1993, for your special use permit. I have previously been in contact with Hank in regards to your application and requested additional information and data the City Council would need in reviewing your proposed amendment. I would request a site plan (to scale) having the following information; a. Legal description and site data identifying the specific area that will be utilized in the operation. Dimensions and specific coordinates shall, be utilized from the land surveyor's PCM's. b® In order for field verification, proper monumentation shall be installed within, line site of each other, along the perimeter of the proposed site. The site plan should indicate the access road via County Road 512. Henry A. Fischer July 30, 1993 Page 2 at Identify the specific location for the mulching machine, air curtain incinerator and any other apparatus or equipment that will be utilized in this operation. e. Identify the stockpile area of the raw material. Identify any areas for processed materials such as mulch and fire wood. The City Council will need to know the maximum stockpile area that you plan to keep on site for the raw materials. This should be identified on how much land area and volume (cubic yards or other acceptable measure) that would be kept on site. You should also identify the amount of raw materials that can be processed (mulching and air curtain incinerator) in one day. With this information, the City Council could determine how long it would take to process all the materials that you may have stockpiled on the property. Since you have been in business for some time now, it would be helpful to identify the amount of raw materials that you currently have on your property, the amount of raw materials that you have received, and how much processed materials you have sold. If the City Council is inclined to require a performance bond to ensure compliance of its requirements, staff will need information regarding the approximate cost that it would take to remove all' of the stockpile and process materials on site. After determining the amount of stockpile materials in cubic yards or other acceptable measures, you will need to provide costs to remove the debris away to a proper disposal facility. This should also include the cost of disposing the material at a proper landfill site. Staff has concerns with the amount of existing stockpile area that you do have and your reasoning for the need for the amount of area you are requesting, i believe with the above ihformatlon and an outline of your marketing strategy for this operation will be essential for City Council to review your request. Staff will need the above reference information by no later than August 31, 1993 in order to forward this to the City Council in their agenda packet. Henr~ ~. Fischer July 30, 1993 Page 3 If you have any further questions concerning this matter, please do not hesitate to give me a call at 589-5537. Director of Community Development BC/gk fsup.wp cc: Mayor & City Council City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 c~ FAX (407) 589-5570 I AGENDA FORM SUBJECT: Treasure Coast Shuttle Permit and Certificate of Public Convenience and Necessity A~ROVED FOR SUBMITTAL BY: City Manager: Agenda No. Dept. Origin Date Submitted For Agenda Of Exhibits: Application Chapter 106 Code of Ordinances City Clerk .8/25193 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: ~ STATENIENT city Council granted a Permit and Certificate of Public Convenience to Frank Addeo, Sr. to operate Treasure Coast Shuttle by adoption of Resolution No. R-92-36 on September 2, 1992. Robert P. Wood recently informed this office that he had purchased Treasure Coast Shuttle and inquired as to permits he must obtain from the city to operate the business. The City Attorney informed us that he must go through the permitting process again since the owner must comply with certain standards set out in Chapter 106 of the Code of Ordinance. Mr. Wood applied for a Permit and Certificate of Public Convenience on August 12, 1993. In accordance with Section 106- 54, the City Council must conduct a public hearing on the request within ten to fifteen days from application. In this case, there were extenuating circumstances that prevented us from bringing this to you to set the hearing within that time frame. Mr. Wood has also applied for a home occupational license and the Director of Community Development determined that the van used in the business did not meet the code requirements since it was over 3/4 ton. Mr. Wood has found an alternate parking site for the van and is continuing with his home occupational license application. Once the public hearing is scheduled for September, staff will prepare a resolution, advertise in the newspaper and notify all persons conducting similar businesses within the city of the hearing at least five days prior. All required documentation including insurance will be submitted to City Council at the time of the hearing. RECOMMF.,NDED ACTION Move to schedule a public hearing on September 8, 1993 for a Permit and Certificate of Public Convenience and Necessity for Robert P. Wood, 1112 Landsdowne Drive, Sebastian. REQUEST FOR PEBMIT AND CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY we, ~o ~e~-- '~.. ~3(3~,~ (Owner) ~,~-~- hereby make applicatlon to the Honorable Mauor and Members of the CitU Council of the City of Sebastian for a Permit and~tificate of Public Convenience and necessity as set forth in Chapter~ of the Code of Or- dinances of said city to operate a taxicab over the public thoroughfares of said city. We respectfully request consideration to obtain a permit as above specified and hereby submit the following information. We respectfully request permission to operate over the public streets of the City of Sebastian to transport passengers. Applicant will pick up and deliver passengers within the municipal boundaries and throughout the surrounding communi ry. Applicant requests permission to operate one vehicle with a capacity of five passengers and a driver. Applicant reserves the right to put more vehicles in service as demand warrants. The proposed rates are listed below: RATE SCHEDULE We hareb~ agree to conform with and abide b~ all rules and requlations which ma~ be lawfully prescribed b~ the City Council of the Cit~ of Sebastian in respect to the operation of taxicabs within the city limits. We certif~ that all motor vehicles operated b~ shall be kept and maintained in safe operating condition. All vehicles shall be air conditioned and radio dispatched. We certify we will provide appropriate insurance coverage as specified /~'/~ by the Code of Ordinances of the City of Sebastian, Chapter~. We respectfully request the Council approve a Permit and Certificate of Public Convenience an Necessity. STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this in the State aforesaid and in County sonally appeared, ~0~7- ~ as (owners) (owners) ''/~S O£~ ~ to be the person described in and acknowledged before me that they excut~ Witness_ my hand and official se~l My C~mmibsion I HEREBY CERTIFY that on this day, before me, an officer duly authorized the State aforesaid and in County aforesaid to take Acknowledgements per- (owners) '~S0£~ ~W~C ~q'T~ ~-~0~ to me known the person described in and who executed the foregoing instrument and they that they excuted the same. seal in the County and State last aforesaid My~C~mmibsi°nexpires~ ~~~ I '1 I I I i I I I A/RPORT ~TES: FROM MELBOURNE ORLANDO Barefoot Bay $20.00 $45.00 Sebastian $25.00 $55.00 Veto Beach $30.00 $60.00 Fort Pierce $35.00 $65.00 FROM W.P.BEACH MIAMI Barefoot BaY 60.00 110.00 Sebastian 55.00 105.00 Veto Beach 50.00 100.00 Fort Pierce 45.00 95.00 Prices are for I person one way. $5.00 for each addigonal person in party CRUISE SHIP TERMINALS $79.95 Per person roundtflp Ft. Lauderdale, Miami $44.95 Per person roundtrip West Palm Beach & Port Canaveral (407) 388-1779 24 Hours Licensed Insured sore Co Shuttle Shuttle · Groups · Individuals · AJ~oTts · Cruise Lines · Charter Services · Jai-Alai & Dog Tracks · Orlando Area Attractions 24 Hour Reliable Door-to-Door Services For Your Convenience 24 Hour Airport Service Serving The Treasure Coast Area Chapter 106 VEHICLES FOR HIRE* Article I. In General Secs. 106.1-106.25. Reserved. Sec. 106-26. Sec. 106-27. Sec. 106-28. Sec. 106-29. Sec. 106-30. Sec. 106-31. Article H. Taxicabs Division 1. Generally Definitions. Operation and maintenance of vehicles. inspection. Passenger capacity. Rates; authorization by council; changes; posting. Liability insurance required. Sec. 106-51. Sec. 106.52. Sec. 106.53. Sec. 106.54. Sec. 106-55. Sec. 106-56. Sec. 106-57. 106-32--106-50. Reserved. Division 2. Permit and Certificate of Public Convenience and Necessity Application. Application fee. Fixing time and giving notice of hearing. Hearing;, consideration of application; issuance or refusal of permit and certif- icate. Disposition time for reapplying after denial. Revocation; authority of council; notice; hearing, etc. Sec. 106-58. Holder to agree to new conditions upon adoption by council. Secs. 106-59-106-75. Reserved. Sec. 106-76. Sec. 106-77. Sec. 106-78. Sec. 106-79. Division 3. Vehicles Operating on Fixed Route Definitions. Loading zone application. Permit to construct benches; restrictions. Revocation of permit; removal ot' facility. *Cross references-Businesses, ch. 30; license taxes on buses and bus companies, trucks and trucking companies, § 30-52; traffic and vehicles, ch. 98. CD106:i VEHICLES FOR HIRE § 106-30 ARTICLE L IN GENERAL Secs. 106-1-106.25. Reserved. ARTICLE II. TAXICABS DMSION 1. GENEP~LLY Sec. 106-26. Del'tuitions. The following words, terms and phrases, when used in this article, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning. Operation of a taxicab means the business of carrying or transporting passengers for hire in any motor-driven vehicle over the public streets and alleys of the city. (Code 1980, § 29-18) Cross reference-Del'tuitions and rules of construction generally, § 1-2. Sec. 106.27. Operation and maintenance of vehicles. All motor vehicles operated and used as taxicabs shall be kept and maintained in a clean and safe operating condition and shall be operated only by efficient and capable operators. (Code 1980, § 29-17) Sec. 106.28. Inspection. If the police department determines that any of the motor vehicles operated and used as tax/cabs is unsafe, they shall advise the operator and owner thereof in writing of the nature of items considered and found to be unsafe, and such vehicle shall be prohibited from operating in the city until corrections and repairs are made. (Code 1980, § 29-18) Sec. 106-29. Passenger capacity. No more persons shall be transported at one time than the manufacturer's rated capacity specified for each vehicle used as a taxicab. (Code 1980, § 29-19) Sec. 106-30. Rates; authorization by council; changes; posting. Rates charged passengers for taxicab service shall be approved by the city council. Au- thorized rates shall not be changed without the consent of the city council. All rates for service shall be posted in each vehicle used as a tax/cab. (Code 1980, § 29-20) CD106:3 § 106-31 SEBASTIAN CODE Sec. 106-31. Liability insurance required. Every owner or operator of a taxicab operating in the city under a franchise shall obtain and maintain in full force and effect and applicable to such operation at all times during the entire period thereof a liability insurance policy in the form and substance approved by the city, executed by an insurance company authorized to do business in the state and acceptable by the city. The terms and conditions of the policy shall be such as to provide protection, for all persons suffering injury, loss or damage to person or to property by reason of the negligent operation of such taxicab by any person. The policy shall be in the coverage amounts of not less than $100,000.00 for injury or death to any one person and not less than $300,000.00 for injury or death to any persons caused by any one accident, and in the sum of not less than $50,000.00 for damage to property resulting from any one accident. The poUcy shall specifically cover 1/ability for the operation of a taxicab. A duly authenticated coPY of each such insurance policy shall be Cried with the city clerk and shall contain a provision whereby the insurance company executing the policy shall, in the policy, obligate itself to notify the city clerk in writing not less than 30 days before any alteration, modification, or cancellation of such insurance policy is to become effective. (Code 1980, § 29.21) Secs. 106.32-106-50. Reserved. DMSION 2. PERMIT AND CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Sec. 106-51. Required. It shall be unlawful for any person to operate a taxicab for hire or profit over any of the public streets and alleys of the city unless and until such person shall have obtained a permit and certificate of public convenience and necessity from the city council. (Code 1980, § 29-43) Sec. 106-52. Application- Any person desiring to engage in the business of operating a taxicab over the public streets and alleys of the city shall make application to the city council for a permit and certificate of public convenience and necessity. The application shall be in writing, verified by the applicant, and shall specify the following matters: (1) The name and address of the applicant and the names and addresses of applicant's officers, if any. (2) The public streets and alleys over which the applicant desires to operate, or the general territory within the corporate limits of the city which the applicant desires to serve. (3) A brief description of each vehicle which the applicant desires to use, including the seating capacity, the make, the size and weight, and whether a new or used car. CD106:4 VEHICLES FOR HIRE § 106-55 (4) (5) A statement of the rates proposed to be charged by the applicant. An agreement on the part of the applicant to conform with, and abide by, all rules and regulations which may be lawfully prescribed by the city council in respect to the operation of taxicabs. (6) A financial statement showing profit or loss, to be filed with the city clerk on an annual basis on or before June 30 of each year. (Code 1980, § 29-44) Sec. 106-53. Application fee. Each application under this division shall be accompanied by payment of $50.00 to be placed in the general fund of the city and applied to the cost of notices and hearings and for the administration of the provisions of this division.' (Code 1980, § 29-45) Sec. 106-54. Fixing time and giving notice of hearing. Upon filing of an application and payment of the fee, as required by this division, the city council shall lux a time for hearing on the application, which shall not be less than ten days nor more than 15 days subsequent to the filing of the appUcation. No application for a permit shall be granted or certificate of convenience and necessity issued without a hearing by the city council Notice of such hearing shali be given to the applicant and to all persons who are engaged in the taxicab business in the city, and shall be marled at least five days prior to the date assigned for hearing of such application to the last known address of such perzons and shall be published at least five days before such hearing in a newspaper of general circulation in the city. (Code 1980, § 29-46) Sec. 106.55. Hearing; consideration of application; issuance or refusal of permit and certificate. At the time specified in the notice of hearing under the provisions of section 106.54, or at such time as may be fixed by the city council, a public hearing upon the application for a permit and certificate of public convenience and necessity shall be held by the city council. At or af%er such hearing the city council may issue a permit and certificate of public convenience and necessity as prayed for; or refuse to issue such permit and certificate; or may issue such permit and certificate with modifications, or upon such terms and conditions as in its judg- ment, public convenience and necessity may require; provided, that the city council in granting any such permit and certificate shall take into consideration the following. (1) The public demands and traffic conditions. (2) The' financial condition and moral character of the applicant. (3) The number, kind, type of equipment and rates proposed. CD106:5 § 106-55 SEBASTIAN CODE (4) Increased traffic congestion and ava/lable parking space. (5) The safe use of the streets and alleys. (6) Such other relevant fact~a~ the city council may deem advisable or necessary. (Code 1980, § 29-47) Sec. 106.56. Disposition time for reapplying after denial. No new application for a permit and certificate of public convenience and necessity to engage in the business of operating a taxicab or bus service shall be permitted to be fried where a previous application covering substantially the same provisions has been previously denied until after the expiration of six months from the denial of such previous application. (Code 1980, § 29-49) Sec. 106.57. Revocation; authority of council; notice; hearing, etc. Whenever any person to whom a permit and certificate of public convenience and neces. sity shall have been issued by the city council for the operation ora taxicab business in the city shall violate any of the terms or conditions under which such permit and certificate was issued, the city council shall have the power to revoke the permit and certificate upon hearing duly had, of which the applicant shall be given at least ten days' notice in writing of the time and place of such hearing and shall be furnished with a copy of the charges made against such person. Upon such hearing, if the city council shall determine that such charges are true and that the person involved is gttilty of violating any of the terms or conditions under which such permit and certificate of public convenience and necessity was issued, as specified in the charges made against such person, then such permit shall be revoked by the city council, and such person shall no longer be authorized to be engaged in the taxicab business in the city, unless and until a new permit and certificate shall have been issued in accordance with the provisions of this division. (Code 1980, § 29-50) Sec. 106-58. Holder to agree to new conditions upon adoption by council. The holder of any certificate issued by authority of this division shall agree to comply with any new, additional or further conditions or instructions which may be imposed upon the holder by the city council within 30 days from the date of adoption of the motion, resolution or ordinance of the city council imposing additional terms, conditions or instructions. (Code 1980, § 29-48) Sees. 106-59--106-75. Reserved. DMSION 3. VEHICLES OPERATING ON FIXED ROUTE Sec. 106-76. Definitions. The following words, terms and phrases, when used in this division, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meanin~ CD106:6 I I i i i I I i I I i I I i VEHICLES FOR HiRE § 106-79 Permit holder means any person that holds a permit and certificate of public convenience and necessity to engage in the business of operating a taxicab over the public streets and alleys of the city on a f'uced, established route, such taxicab being commonly called a bus. (Code 1980, § 29-33) Cross reference-Definitions and rules of construction generally, § 1-2. Sec. 106-77. Loading zone application. Any permit holder may apply in writing to the city clerk for and as a part of his permit for the establishment of a loading zone on the public streets. Such written application shall designate the exact spot for such loading zone and, if and when approved by the city clerk, the city shall mark, set apart and designate each of the spots as a loading zone for the use and benefit of a permit holder. It shall be unlawful for any person to stop, stand or park any vehicle in such loading zone except a permit holder. (Code 1980, § 29-34) Cross reference-Traffic and vehicles, ch. 98. Sec. 106-78. Permit to construct benches~ restrictions. Any permit holder may apply in w~iting to the city clerk for a permit to erect, construct and maintain benches or seating for the use of the general public at any loading zone estab- lished under this division. Such permit shall state the kind and type of seating and shall indicate the spot on the public street right-of, way where the bench or seating shall be placed and shall state any advertising, signs or painting to be placed thereon or afl'reed thereto. If and when such application is approved by the city council, the city clerk shall issue a permit for the specific public seating, painting and advertising and the permit shall not be changed or altered except by written amendment of the permit by the city clerk. Such seating shall be placed at such a location as will, in the discretion of the city council, constitute a minimum of interfer- ence with vehicular and pedestrian traffic on the public streets. (Code 1980, § 29-35) Cross reference-Streets, sidewalks and other public places, ch. 90. Sec. 106-79. Revocation of permit; removal of facility. The city council may, after 30 days' notice in writing delivered by mall to any permit holder, evoke, cancel and terminate any permit issued pursuant to this division and immedi- ately upon such revocation, any permit holder shall remove any facility placed on the public streets pursuant to such permit. Should any permit holder fail to remove such facility, then the city clerk shall remove and destroy the facility. Any permit for construction ofbenches granted pursuant to this division shall become and be deemed a part or the loading zone permit of the permit holder, and upon revocation or suspension of the loading zone permit, then any permits for construction of benches shall likewise be suspended or revoked. (Code 1980, § 29-36) CD106:7 I I I City of Sebastian I POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 . TELEPHONE (407) 589-5330 [] FAX (407)589-5570~. 2 ~ r=y - Use of ) . . --~ I Community Center ) Dept. ~ City Clerk ) ) Date Submitted 8/13~93 I Approved For Submittal By: ) ) For A~enda Of 8/25/93 Acting , / / I E~hi~itsi I City Manage~~//~/~~_ ) Application dated 8/13/93 I EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: I . . SU~. y ~TATEMENT The C~ty of Sebastian has received a request from the Welcome I Wagon Club for use of the Community Center on 17/10/93 between the hours of 6:00 P.M. and 12:00 A.M. for a Christmas Party. I They are requesting use of alcohol at this event. RECOMMENDED ACTION I Move to approve request for use of alcohol. i CITY OF SEBASTIAN I RENTAL PERMIT APPLICATION Number of Persons constituting group or organization: /,~ (b)_ I! alcohol is to be sem, d. ~e~ssiun is re~_i_'re4 .by the City CounciL. Your~requent ~J.[ be p~sented to Council Securi~ Oeposit: ~,~,?,~""~ ~ Total Rental: $ Address ?el epAone No.: ~ ~un ~ I Rental Fee ~a/t oa Alcoholic Beverage l~ecp~est heard at (date}. (date) in the amount or Cash the Council ~,etinqon Request APPROV~ / O/~FIED. Fee ~aiver Request heard at the Coondl ~eetinq on (date). Request APPROVED / O/NID. Return Oate Security Oe~osit retumed by City Check ~n~unt of ' on in the '(date) City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Lora Williams - Wedding Reception - Use of Community Center Approved For Submittal By: city Manager Agenda Mo. ~2G~ eP_gD_g~.Oriqig City Clerk Date ~ub~itted 8/17/93 For A~enda Of 8/25/93 ~xhibits: Application dated 8/16/93 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMAry ~ The City of Sebastian has received a request from Lora Williams for use of the community Center to hold a Wedding Reception on September 25, 1993 between the hours of 7:30 P.M. and 11:30 P.M. They are requesting use of alcohol at this event. RECOMMENDED ACTION Move to approve request for use of alcohol. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION ~r of ~e~ ~tit~t~g ~o~p or or~zation: A~ U ~ The of I~: FL'~ -?J,.50 9~ To Pl~e ~ ~ 0r ~: 2) ~ ~ t r~i4et of 4) l~ill ~here be an aduienion or door ch.ge? ~) ~ill alcoholic beverages be serud? pemttee's proof of age (b)_ I~ alcohol is to be served, pemissien is .re~!i_*red ~ ~he ~it7 CounG1. lo~ r_eqqest ~ ~e presented ;o .Council on ~'.-~=- ~ ~' .... Anount of Rental-~/,a,ff.~z~ 7t Tax: ~'. 7~- Seca'i~l ~sit: $ ~.CO.~Z~ ro~l lental: $ Addr~ o~ Pemittee: ~ mepho. li tion ~e ~ecks parle to: ~W OF ~ A~m~ / D~ l;~t'it7 Deposit paid on ~-/~-?.~ (date) in the amoun~ o£ ..... Rent~ ~ee p~d on (~te) ~e ~t o~ initial Alcoholic 9everage Req~es~ heard at the Council ~eetin~on (datej. ~equest API'ROVI~ / Oigti~. Fee ~/aiver ~equest heard at the Council ~eetino on (daCe). Request APPROVED / D~IED. ie? ?icCp Oate lay 2eturn Date Security ~eposit returned h? Cit? ~heck ~ amount of on Ae~mc k~ fo~ ~ {1£ ~ppA£ceblo). (date) City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 (407) 589-5330 o (407) 589-5570 TELEPHONE FAX SUBJECT: Washington Street contaminated soil Treatment Approved for Submittal By: ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ENG / I~ 08-19-93 For Agenda of 08-25-93 Exhibits: Engineer's memo dated 8-19-93, Letter of Price quotation EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The contaminated soil at the Washington Street will require to be thermally treated. As identified in the Engineer's memo, the preliminary Site assessment report prepared by Viro Group was unable to determine the parties or individuals that are responsible for the contaminated soil. Since the site is located within a public right of way, it is the City's responsibility to remediate the contaminated soil. We have contacted Geologic Recovery Services (formally Resource Recovery) and we have determined that their price is fair and resonable. The City had received excellent service from this company in the past with Resource Recovery which was the Company's former name. RECOMMENDED ACTION Move to approve the contaminated soil quotation received from Geologic Services to thermally treat the contaminated soil at the Washington Street site for $1000 as based on 25 tons of contaminated soil. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ri FAX (407) 589-5570 MEMORANDUM DATE: August 19, 1993 THROUGH: FROM: Mayor and City Council Kathryn M. O'Halloran Acting City Manager Daniel C. Eckis, P.~ City Engineer/Public'Works Director RE: Washington Street Contaminated Soil Viro Group is the City's environmental consultant. They prepared a limited contaminated assessment report for the contaminated soil at Washington Street. Contaminated Soil was discovered during FDOT's storm sewer pipe rehabilitation which was part of the U.S. #1 median improvement project. Viro Group was authorized to proceed with a scope of services identified in their contract dated June 10, 1993. On July 22, 1993 the City received a preliminary site assessment report which included all items as identified by their contract. Upon review of this assessment report, they were unable to determine the parties legally responsible for the contaminated soil. However, were able to therorize that the soils and ground water had been impacted by a discharge of gasoline. The gasoline had entered the storm sewer conveyance system, flowed through the pipes and then leaked through faulty pipe joints. They had identified J and J Service Station approximately 800 feet south of the project site, had a petroleum discharge in which 153 CY of petroleum impacted soils were removed when the underground storage tanks were removed from the facility in October 1991. That CAR was completed in October 1992 and concluded that residual levels of petroleum Hydrocarbon in the soil and groundwater did not merit further action. There were no witnesses that observed any discharge of gasoline products into the storm water conveyance system. Therefore, they were unable to determine the responsibile parties. There is approximately 25 tons of contaminated soil within a publicly owned right of way which the City will be responsible for cleanup. I contacted Resource Recovery who was the low bidder for the soil treatment of the contaminated soil at the Central Garage. They had changed their name to Geologic Recovery Systems and had provided an estimated cost based on $25.00 per ton and transportation costs of $375 per load for soil treatment. The cost of treatment and transportation including a post burn analysis would be approximately $1000. or $40.00 per ton. The contract cost for treatment at the Central Garage was $36.00 per ton. Considering the small amount of soil for treatment, it appears that $40.00 per ton is fair and reasonable since the apparent next low bidder was $46.00 per ton. In addition to the cost for excavation, the City will need to hire a consultant to observe the removal to determine that the soil has been adequately and properly removed. Viro group has quoted the City a price for the cost of supervising the soil excavation which would be $927. bringing the total cost for treatment to approximately $2000. It has been my experience with Viro Group that they have done an excellent job in preparing the limited Contaminated Assessment Report and I feel that they would be best qualified to supervise the excavation of the contaminated soil. -GEoL Gi£ I ~ RE~.OVER¥ $¥$T£M$ I 2300 Highw~ 60 W. * Mu~er~, Florida 33860 (813)425-1084 * (800)752-3242 · FAX (813)425-2692 AugusI 10, 1993 Ms. Llnda Kinchen . Sebastian, FL 32978. . City of Sebastian Re: Contaminated Soil Quotation - Sebastian, FL GRS Project: 938894 Dear Ms. Kinchen: GEOLOGIC RECOVERY SYSTEMS is pleased to present the following quotation for your consideration. Thermal treatment of 25 tons of contaminated soil ............................ $ 25.00/per ton $600.00 ~s minimum charge for thermal treatment. Transporatlon ................................ $375.00/per load Acceptance Analysis .......................... By customer Analysis must meet criteria of FDER regulation 17-775 Post-burn Analysis ........................... Included Prices are effective for 30 days from date of proposal. _ A Certificate of Treatment will be upon completion of thermal treatment, receipt of post burns and payment of invoice. _ In cases where our customer provides loading service, GRS cannot be responsible for overweight tickets. All services performed by GeoLogic Recovery ·Systems will'be in accordance with local, state and federal regulations. We appreciate the opportunity to present the above quotation to you. If you have any questions, please call me at 813-425-1084. Sincerely,/,~ /~ .a~er Customer Acceptance: Date: RECOVER Y $ Y$ TEM$ 2300 Highway 60 W. · Mulberry, Florida 33860 13)425-1084 * (800)752-3242 · FAX (813)425-2692 GENERAL TERMS AND CONDITIONS TREATMENT AND RECYCLING PETROLEUM CONTAMINATED SOIL This agreement is made by and between: GeoLogic Recovery Systems 2300 Highway 60 West Mulberry, FL 33860 (hereinafter "GeoLogic") and (hereinafter "Customer") WHEREAS, WHEREAS, WHEREAS, WHEREAS, GeoLogic operates a facility for treatment and recycling of petroleum contaminated soil (PCS) using a thermal desorption process and operates under permits granted by the Florida Department of Environmental Regulation; Customer has PCS more completely 'described on the Application for Treatment and Recycling which will be attached hereto and made part hereof; Customer desires to retain the services of GeoLogic to treat and recycle Customer's PCS; and GeoLogic desires to provide such services in accordance with its permits and under the terms and conditions described in this Agreement. NOW THEREFORE, GeoLogic and Customer in consideration of the foregoing agree as follows: Conditions for Acceptance of Commitment for Treatment and Recycling of PCS GeoLogic will accept commitments for treatment and recycling of PCS only upon acceptance of Customer's Application for Treatment and Recycling. This Application will contain Customer's description of the PCS material, customer certifications and the unit prices and any special conditions that will apply to the services to be rendered by GeoLogic in connection with the PCS described in the Application. Conditions for Acceptance of Delivery PCS GeoLogic will accept PCS delivered for treatment and recycling at the facility only upon the following conditions: (i) The delivery is made in accordance with the schedule determined between GeoLogic and Customer. (ii) Each delivery vehicle presents a properly executed Receiving Manifest. (iii) The delivered PCS corresponds to that described in the Application for Treatment and Recycling. (iv) The delivered PCS contains no free liquids. (v) The delivered PCS does not contain excessive amounts of rock, concrete, asphalt or debris. Loads not conforming to these requirements will be rejected. Should at anytime after delivery PCS accepted by GeoLogic be found to not conform to these requirements or to be a hazardous waste, it will be the responsibility of Customer to remove the subject materials from GeoLogic property within 24 hours of notification. If the materials are not removed within the specified time period, transportation and disposal of subject material will be arranged by GeoLogic and charged to Customer on a cost plus 50% basis. Customer will remain responsible for decontamination of GeoLogic's facility. REV. FEB 1993 Terms of Payment GeoLogic will invoice Customer upon receipt of PCS at the treatment facility. Invoices will be accompanied by copies of Receiving Manifests and Weight Tickets for all shipments received. Invoices are due upon receipt. . Customer agrees to pay invoices in full within 30 days of invoice date. Certificate of Treatment and Recycling will be issued within 5 days of receipt of payment in full for services rendered. Customer understands and agrees that a 1 1/2% per month service charge will be rendered on all outstanding past due balances. If it becomes necessary for GeoLogic to institute collection proceedings, including legal action, for payment, Customer agrees by acceptance of GeoLogic's services to pay all of GeoLogic's costs of collection, including attorney's fees. Indemnification Customer agrees to indemnify and hold GeoLogic harmless from and against any and all claims, losses, damages, expenses (including, without limitation, environmental liability and expenses incident thereto) incurred by GeoLogic arising or resulting from or in connection with any breach by Customer of the terms of this Agreement or any untrue statement made by Customer on the Application for Treatment and Recycling and/or the Receiving Manifest. Term of Agreement This Agreement may be terminat~ at any time by either party upon 30 days written notice. Agreement I This Agreement supersedes any and all agreements, both written and oral, between the parties and is the entire agreement between the parties hereto. The Agreement may be amended only by written agreement signed by the parties hereto. The Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. WHEREFORE, the parties have signed this Agreement as of the day of ,19 ~ GeoLogic Recovery Systems By:. Title: Customer By:. Title: REV. FEB 1993 City of' Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Washington Street contaminated soil Approved for Submittal By: City Manager Agenda No. Dept. Origin Date Submitted /¥/ ENG / P~ 08-19-93 For Agenda of 08-25-93 Exhibits: Engineer's memo dated 8-19-93, Viro Group Contract EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Upon approval of the City to thermally treat the contaminated soil at the Washington Street site, a consultant will be necessary to supervise the soil excavation. They will be using electronic sniffers to determine the presence of petroleum hydrocarbons to insure that all of the contamianted soils had been removed. In addition, they will prepare an initial remedial action report for the Department of Environmental Protection at a cost that is outlined in the cost summary table of their proposed contract. Their costs appear fair and reasonable and past City experience with this consultant has been excellent. RECOMMENDED ACTION Move to approve Viro Group, Inc. for additional contract services to supervise the soil excavation at Washington Street for $927. City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589.5570 MEMORANDUM DATE: August 19, 1993 TO: THROUGH: FROM: Mayor and City Council Kathryn M. O'Halloran Acting City Manager Daniel C. Eckis, P.~ City Engineer/Public'Works Director RE: Washington Street Contaminated Soil Viro Group is the City's environmental consultant. They prepared a limited contaminated assessment report for the contaminated soil at Washington Street. Contaminated Soil was discovered during FDOT's storm sewer pipe rehabilitation which was part of the U.S. ~1 median improvement project. Viro Group was authorized to proceed with a scope of services identified in their contract dated June 10, 1993. On July 22, 1993 the city received a preliminary site assessment report which included all items as identified by their contract. upon review of this assessment report, they were unable to determine the parties legally responsible for the contaminated soil. However, were able to therorize that the soils and ground water had been impacted by a discharge of gasoline. The gasoline had entered the storm sewer conveyance system, flowed through the pipes and then leaked through faulty pipe joints. They had identified J and J Service Station approximately 800 feet south of the project ~te, b~.d a petroleum discharge in which 153 CY of petroleum impacted soils were removed when the underground storage tanks were removed from the facility in October 1991. That CAR was completed in October 1992 and concluded that resJ. dual levels of petroleum Hydrocarbon in the soil and grou]ldwater did not merit further action. There were no witnesses that observed any discharge of Gasoline products into the storm water conveyance system. Therefore, they were unable to determine the responsibile parties. There is approximately 25 tons of contaminated soil within a publicly owned right of way which the City will be responsible for cleanup. I contacted Resource Recovery who was the low bidder for the soil treatment of the contaminated soil at the Central GaraGe. They had changed their name to GeoloGic Recovery Systems and had provided an estimated cost based on $25.00 per ton and transportation costs of $375 per load for soll treatment. The cost of treatment and transportation including a post burn analysis would be approximately $1000. or $40.00 per ton. The contract cost for treatment at the Central GaraGe was $36.00 per ton. Considering the small amount of soil for treatment, it appears that $40.00 per ton is fair and reasonable since the apparent next low bidder was $46.00 per ton. In addition to the cost for excavation, the City will need to hire a consultant to observe the removal to determine that the soil has been adequately and properly removed. Viro Group has quoted the City a price for the cost of supervising the soil excavation which would be $927. brinGinG the total cost for treatment to approximately $2000. It has been my experience with Viro Group that they have done an excellent job in preparing the limited Contaminated Assessment Report and I feel that they would be best qualified to supervise the excavation of the contaminated soil. /iroOrou. p I -AwroWufer,Sofl TECHNOLOGY ViroGroup, Inc. Suite 101 600 Sondhee Drive Polm Bench Gordens, Fi. 33403 Phone 407-775-6612 FAX ,~07.77 5-6615 August 4 1993 Mr. Daniel C. Eckis, P.E. City Engirmer City of Sebastian P.O. Box 780127 1225 Main Street Sebastian, Florida RE: 32978 SUPERVISION OF SOIL EXCAVATION WASHINGTON STREET CONSTRUCTION SITE SEBASTIAN, FLORIDA Dear Mr. Eckis: As requested, ViroGroup, Inc., has developed this cost proposal for supervision of the excavation of petroleum-impacted soils located on the Washington Street right-of-way near Indian River Drive. Based on previous investigations, the estimated quantity of soil to be removed and disposed is less than 25 tons. We understand that the City of Sebastian will contract directly with the firm or firms responsible for the loading, hauling and thermal treatment of the soils. ViroGroup, Inc., will perform the following tasks: · Transmit soil sample analytical data to the selected treatment or disposal facility to ensure acceptance of the material. If the soil is removed within a reasonable time period, existing data are expected to be adequate for facility acceptance. · ,_Cjupervi.~e excavation of impacted soil. A ViroGroup, Inc., geologist will be ot~..~ite (l~ri~g the excavation tn identify soils requiring removal. The geologist will t~,~e a[~ organic vapor analysis instrument (OVA) equipped with a flame ionization detector to screen excavation soils for the presence of petroleum hydrocarbons. ° [~repRrp, nn Initial Remedial Action Report for submittal to the Florida Depm 1~rm~! o! Environmental Protection {FDEP) and indian River County P~hlic ttrmlth Llnit. The report will be prepared on the FDEP Petroleum (_;o~llRIt~il'~RlJr'~rl Initial Remedial Action Report Form to satisfy the ~;q~li~,,~r;~is ()! Florida Admini,~trative Code Rule 17-770.630. %iroOroup Air ' Wafer Pnge Two COMPENSATION 'The anticipated cost for these services is ~ 9:2.7.00. A cost summary is attached. Payment is requested within 30 days of submittal of the report and ViroGroup, Inc,, invoice. VENUE ViroGroup, Inc., (Consulta~):" ' ~!m f';', ',! '~,,t,;mtiRn (Client) hereby agree that venue for any action brought to interpret or enforce this agreement or arising out of this agreement shall be Indian River County. Please sign one copy of this proposal and return it as our authorization to proceed. Call if you have any questions. We appreciate your continued confidence. Sincerely, Vtrq~')roup,,,,~,:,M~sime' ~v/~l~n Ho v th. - Regiotml Mnnager LEt t:rmn ACCEPTED: City of Sebastian By:_. Date' Atlr,~l' Approved as to Form and Content City Clerk PROPIP3 r,~l 72 ¢1~ City Attorney I 'iroOroup I Air' Wafer ' soil COST SUMMARY SUPERVISION OF SOIL EXCAVATION CITY OF SEBASTIAN Task Coordinate soil disposal with contracted facility - Project Manager, I hour at $75/hr Supervise soil excavation; screen soils with organic vapor analysis instrument Geologist, 9 hours at $55/hr ~ OVA rental, $75 - Travel and materials, $60 ... Prepare Initial Remedial Action Report - Proiect Manger, 2 hours - Drafting, I hour at $42/hr Document preparation, 1 hour at $.3.0/hr TOTAL COST: ~ 927.00 I.I~{3PIp,1 ¢~nl 7 2 Associated Cost .. $ 75.00 630.00 222.00 I ViroGro . Wat r.p I T F. C H NO LOG T Missimer Division VlroGroup, Inc. 600 Sandtree Drive Suite 101 Palm Beoch Gardens, FL 33'~03 Phone 407.775-6612 FAX 407-775-6615 June 10, 1993 Mr, Dnf~i-I C, Eckis, P.E. City yr~gine~.r City el Sabastian P.O. Box 7801 27 1225 Main Street Sebastian, Florida RE: 32978 ENVIRONMENTAL CONSULTING Dear Mr. Eckis: ViroOroup, Inc., Missimer Division (Mtssimer) is in receipt of your letter dated May 14, 1993, and your contract revisions dated June 8. Your letter awarded Missimer the bid for m~vironmental consulting for a limited Contamination Assessment and report for tim Wa,~hington Street road improvement site. We are submitting this scope of work in contractual form, with the requested revisions, for your review and approval. This cnntract is presented in a simple format based on the scope of service. If you agree with the contract, sign one copy and return it as our authorization to proceed. We appreciate this opportunity and look forward to working for you and the City of Sebastian. SCOPE OF SERVICES 'T'hp, ~cope of service is based on the fact that the potentially impacted soil shall remain in place until classification is made through sampling and analysis. In addition, temporary wells will be used and surveyed by existing Missimer staff. Our proposed scope of work includes the following tasks: TASK 1. Review local and Florida Department of Environmental Regulation {FDER) files for notices of violations and other compliance and enforcement activities involving surrounding properties. The files will be searched for evidence of petroleum or formaldehyde storage and releases. up Air' Woter*o~oOII T~CHNOL Y Mr_ Er.l(is J~m~ ln, 1993 Page 2 nf 4 TASK 2. TASK 3. TASK 4. TASK 5. TASK 1-ASK 7. Collect one composite soil sample from the Impacted area and analyze for Chapter 17-770 Florida Administrative Code requirements, formaldehyde, and hazardous waste characterization. The laboratory analytical costs will be submitted directly to the City for payment. Install three (3) shallow temporary monitor wells. The wells will be installed using a hand auger and constructed with PVC casing. Site access will be provided by the City. Survey the wells for relative vertical elevations using Missimer staff. Measure groundwater levels at two (2) different times to correspond with tidal influences. The measuring times should correlate to high and Iow tides. Using the water level data and survey information, assess the direction of groundwater flow. Interview adjacent property owners, if possible, for historical information on underground st~,.',ge tanks m~d formaldehyde use. The interviews will be based on legal access and property owner willingness. Write a letter report presenting conclusions and recommendations. The letter report will include data and site map. The letter report will be provided in draft form for City approval prior to finalization. VENUE The CONSULTANT and CLIENT hereby agree that venue for any action brought to interpret or enforce this agreement or arising out of this agreement shall be Indian River CoUnty, Florida. COMPENSATION ~I't~,~ c~.~t far these services, excluding laboratory analytical fees, is $ 2,575.00. The payment is requested within 30 days of submittal of the final report and Missimer invoice. iro I '-~r ° Wafer T~¢HNOL Mr. Eckis June 10, 1993 Page 3 of 4 SCHFDULE FOR COMPLETION -l-he draft letter report will be submitted for review within three 13) weeks from the date of received authorization, if a shorter period is desired, increased fees for accelerated laboratory analysis will be borne by the City. TERMS AND CONDITIONS The following Terms and Conditions for Professional Services are incorporated in and made ~ part of this proposal. indemnification for Pollution Related Claims; In view of the uncertainties involved in solving environmental problems, the abnormal degree of risks of claims imposed upon the CONSULTANT in performing such services, and the unavailability of adeCluate and affordable.liability insurance, for ~ 10.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CLIENT agrees to indemnify the CONSULTANT as follows: For claims involving pollution, toxic substances, asbestos, or hazardous wastes, CLIENT agrees to release, indemnify and hold harmless CONSULTANT and its officers, directors, employees, agents, consultants and subcontractors from all liability, claims, demands, damages, losses, and expense, including, but not limited to, claims of CLIENT and other persons and organizations, reasonable fees and expenses of attorneys and consultants; and court costs, arising out of the performance of this Agreement. Such indemnification includes claims which arise out of the actual, alleged, or threatened dispersal, escape, or release of chemicals, wastes, liquids, or gases which are irritants, contaminants or pollutants, or the failure to detect the presence of such. All soils, sediments, water and other toxic or hazardous waste material remain the property of the CLIENT and not the consultant during their storage, transport and disposal. The above indemnification provisions shall not extend to any claim arising from negligent acts or omissions, or any intentional, tortious or willful act or mi.~condtmt of CONSULTANI ,~ its agents o~ employees. iroGro.u.p ( . -~AIr . Water' Sotl T I ¢ H N O L O (~ )~ Mr. Eckis J.ne 10, 1993 p;gq 4 of 4 We a~preciete your confidence and look forward to helping you to resolve your environmental questions. Please sign one co~y of this proposal and return it as our authorization to proceed. Sincerely, ViroGrou~, Inc., Misslmer Dtvislon , Robert J. Mo e , ' .[_~_I Florida Regional Man~ RJM:rma Enclosure ACCEPTED: City of Sebastian Attest: City Cl~,r~ lln t.h r':n ti. r,l~Op/r,'~,(tq 125 05 O'Halloran Approved as to Form and Content City At~°r~ey Charles Ian Nash City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 AGENDA FORM SUBJECT= Skydive Sebastian, Inc./ Sebastian Aero Services, Inc. Sub-Lease PROVED FOR SUBMITTAL BY: City Manager: ~~ :~ Agenda No. Dept. Origin Citv Clerk Date Submitted 8/17/93 For Agenda Of 8/25/93 Exhibits: Price Letter dated 8/8/93 Lease approved 1/13/93 (Ex.A) Lease approved 7/28/93 (Ex.B) Correct Lease for Extension (Ex.C) EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: SUMMARy STA~ The City Council, at its January 13, 1993 Regular Meeting, approved a six month sub-lease between Sebastian Aero Services, Inc. and Skydive Sebastian, Inc., pending negotiations between the City and Skydive Sebastian, inc. for a land lease and drop zone lease at the Sebastian Municipal Airport (Ex. A). The City Council, at its July 28, 1993 Regular Meeting, approved an extended six month sub-lease between Sebastian Aero Services and Skydive Sebastian, Inc. (Ex. B) The sub-lease that was submitted and approved by City Council in July was given to Mark Price for signature and came back to the City Clerk's office with somewhat different language than that approved, with an explanation that Sebastian Aero Services, Inc. does not concur with the language in that second sub-lease (Ex. B). However, the revised sub-lease that was returned to this office (Ex. C) contained the same language as the original sub-lease approved in January (Ex. A). 5 3. 0/ 7 Skydive Sebastian, Inc. Sub-Lease Page Two It seems that the sub-lease submitted to City Council in July (Ex B) was an old draft copy and was submitted in error. I discussed the matter with the City Attorney, who concurs that since the sub-lease submitted to City Council in July (Ex. B) for extension does not correspond to the original (Ex. A) or that returned by Mark Price (Ex. C), we must place the correct form back on an agenda for approval. Move to approve the revised six month sub-lease between Sebastian Aero Services, Inc. and Skydive Sebastian, Inc. 2 I 08 August 1993 I Kay OHalloran TO Acting City Manager City Hall I Sei~astian, Florida 32957 (407) 589 - 5353 I FROM: Mark Price Skvdive Sebastian Inc. P~ Box 126 Roseland, Florida 32957 i (407) - 388 5672 Request for City Council Agenda Item; Dear Kay, We would like to resolve the matter of the draft lease copy approval by City Council as quickly as possible. The lease between Skydive Sebastian and Sebastian Aero Services submitted to Council was an old draft copy from the period of negotiations. Ci.ty Hall does have an approved copy from the first 6 months of the lease exact in nature and content as the lease currently being submitted. We ask that your staff review this copy and resubmit for approval for the 1 lth of August 1993. The extension should be more than adequate to cover the period of time required to complete negotiations with the City for an airport property lease. Your assistance in this matter would be greatly appreciated. Any questions may be directed to Mark Price 388 - 5672. ~~k N~p6~ .~Sinc rely, susmEss s.,.u,, ,s THIS AGREEMENT, entered into this day of ,Feburary? 199~between SEBASTIAN AERO SERVICES, INC., hereinafter called the Les'----~r, pan), of'~ae fu'st part, and SKYDIVE SEBASTIAN, INC., hereinafter called the Lessee, p~.' of the second part: WITNESSETH, that the Lessor does this day sublet unto said Lessee, and said Lessee does hereby hire and take as tenant under said Lessor, the two offices at the west end of the building located at 300 West Airport Drive and the unimproved property as identified by as ~Attachment Aw made a part of this agreement. Lessee agrees to use said property for the exclusive purpose of confluoting skydiving operations and for no other purposes or uses whatsoever, for the term of six (6) montl~ subject and conditioned on the provisions of clanses of this sublet beginning on the 1st day of January, 1993, and ending on the 30th flay of Angust1993, or for the six (6) month period of an even month beginning after approval of the sublet by the Sebastian City Counoil, at and for the agreed total rental of payable in advance upon the first flay of said sublet. Lessee will not sublet the premises without Lessor's written permission, sucl~ permission slmll not be unreasonably witl~elfl, and without the written consent of the City of Sebastian. The following express stipulations and conditions are make a part of this sublet and are hereby assented to by the Lessee: FIRST: The panic_': shall review the sublet arrangements after fire (5) m~nths for extension or modification of said lease by ~e mutual consent of the parties, failure to extend or modify siml! result in the termination of the sublet at the expiration of the sublet period. Any extension or modification is subject to the approval by the City of Sebastian. SECOND: Lessor agre :o allow the use of the unimproved property for parachute packing and training of Lessee's clientele and use of the rest rooms by the clientele of Lessee. THIRD: Lessee agrees to purchase fuel, oil, maintenance and aircraft parts exclusively from Lessor for use in the airomfi of Lessee. Fuel will be provided for $1.899 per gallon, maimenance for $30.00 per hour, emergency maintenance slmll be at the rate of $35.00 per hour, fuel and oil prices subject to clumge as prices fluctuate with cost. Parts shall cost between 50% wholesale and 50% of retail prices at fair market value. Maintenance may be performed by Lessee as allowed for owner/operators under Federal Aviation Regulations. FOURTH: Lessor shall be given the opportunity to provide supplemental aircraft and/or pilots in excess of the aircraft of Lessee. Violation shall be grounds for termination of the lease. FIFTH: Lessee agrees not condua any activities which would compete with the services offered by the Lessor; specifically, but not limited to aircraft maintenance, sales, painting, or flight training. Competition slmll be solely determined by the Lessor and shall be grounds for immediate termination. SIXTH: Lessee shall expressly prohibit thc usc of controlieg substances or alcohol by ils staffor clicnl¢]¢ and violation of this provision shall be grouncLs for immediate termination of said sublet. SEVENTH: Lessee shall provide to Lessor a copy of any insurance required by the City of Sebastian, with Lessor and the City of Sebastian named as additionally insured. EIGHTH: The Lessee shall llam¢ Lessor and the Ci.ty of Sebastian under all indemnification and hold harmless agreements used by the Lessee's clients. Additionally, Lessee shall provide the City of Sebastian and Sebastian Aero Services Inc. with a hold harmless and indemnification agreement for actions or claims arising from the condua of its operations or out of this sublease. NI]crH: Lessee shall constma fencing for thc purpo~ of segregating the areas for the usc of Lessees clients on thc unimproved property, approval to be by thc Lessor, City of Sebastian or Sebasfi~ Planning and Zoning Commission. TENTH: Lessee shall have the option to conslruct a *pole barn' type structure for the purpose of providing shelter from thc sun. Thc costs of said structure shall be at thc sole expensc of the Lessee and said improvements to refftain on the property ltl)on termination of the lease or, at the option of the Lessor or the City of Scbastian, removed by thc Lessee at the sole cxpcnse of thc Lessee. Location of said structure to be mutually agreed upon by thc parties. Access for electric service to be made availablc for extension to the structure. Thc construction of any improvements shall bc conditioned on thc prior approval by the City of Sebastian. ELEVENTH: Use of the unimproved property by the Lessee to be non-exclusive with the Lessor. TWF_LFTH: Lessee agrees to accept the premises in the condition they are in at the beginning of this sublet and agrees to maintain said prenfises in the same condition during the term of said sublet. THIR~N'I~: This contract shall bind the Lessor and Lessee and their agents, successors, and heirs as the case may be, of thc sublet. FOURTEENTH: Violations of any provisions of this sublet shall be grounds for termination of this sublet. FIFYEE~: Use of the office space shall be non-exclus/ve with Lessor. SIXTEENTH: Lessor shall not be relieved of any obligations to the City of Sebastian under the terms of its lease with the City of Sebastian by virtue of this sublet. SEVENTEENTH: Lessee acknowledses the existence of the certain Lease agreement between Fly Florida, inc. and the City of Sebastian dated June 18, 1980 (the ~Lease*) and the subsequcn! sublease of file Lease with Sebastian Aero Setwices, Inc. The Lessee agrees to be bound by the terms and conditions of the Lease and agrees tha! if there is any conflict between the ~erms of this Business Sub Lease and the Lease, the terms of the Lease shall control the rights and obligations of the Lessor and the I,c~see. IN WrI'NBS$ WHBR~ OF, thc parties hereto have hereunto execmed this instnunent for the purposes herein expressed, the day and year above written. ~TTNESSES I ST~EN C. JOHNSON 'My Oomm. Expires Nov. 20, 1~5 Type of ID Proctuced Approval by thc City of ~3ast/an ~//~'~'~""- ci -o - ' ' -3- ATTACH]vI~NT Use of the unimproved properl3, located at 300 West Airport Drive under the terms of the sublease between Sebastian Aero Services Inc. and Skydive Sebastian Inc. is as follows; Lessee agrees to utilize the area bounded by the paved road to the south and the din access road to the west and north for parachme packing ,vehicle parking and staging of skydiving operations. Lessee may construct a "pole barn" type ~ in this area to provide shade and protection from weather elements. Upon mutual air.merit, Lcssee may utilize grass area for the purpose of packing par~hmcs as not lo interfere with the operations of the Lessor. THIS AGREEMENT, entered into t.~- day of August. 1993. between SEBASTIAN AERO SERVICES, INC., hereina,qer called thc Le~or, part~o~the first part, and SKY'DIVE SEBASTIAN, INC., hereinafter called the Lessee, paty of the second part: W1TNESSE~, that the Lessor does this day sublet unto said Lessee, and said Lessee does hereby hire and take as tenant under said l.~ssor, the two offices at the west end of the building located at 300 West Airport Drive and the unimproved property as identified by as "Attachment A" made a part of this agr~ment. Levee agr~s to use said property for the exclusive purpose of conducting skydiving operations and for no other purposes or uses whatsoever, for the term of six (6) months subject and conditioned on the provisions of clauses of this sublet beginning on the 1st day of August, 1993, and ending on the 30th day of January, 1994, or for the six (6) month period of an even month beginning alter approval of the sublet by the Sebardan City Council, if required, at and for the agr~d total rental of payable in advanee upon the first day of said sublet. Les~e will not sublet the promises without Les~or~s written permission, such permission shall not be unreasonably withheld. All improvements are at the exl~nSe of the Lessee and shall remain upon the premises at termination or at the option of the Les,mr or the City of Sebastian, remove said improvements at Le~.qee's sole expense. The following ex-press stipulation~ and conditions .are make a part of this sublet and are hereby assented to by the Lessee: FIRST: The parties shall review the sublet arrangements after fire (5) months for extension or modification of said lease by the mutual consent of the parties, failure to extend or modify shall result in the termination of the sublet at the ex'piration of the sublet period. Any extension or modification is subject to the approval by the City of Sebastian. SECOND: Lessor agrees to allow the use of the unimproved property for parachute packing and training of Lessee's clientele and use of the rest rooms by the clientele of Lessee. THIRD: Dassee agrees to purcha~ fuel, oil, maintenance and aircraft parts exclnsively from Lessor for use in the primary aircraft of Lessee. Fuel will be provided for $1.899 per gallon, maintenance for $25.00 per hour. emergency maintenance shall be at the rate of $30.00 per hour. fuel and oil prices subject to change as prices fluctuate with cost. Parts shall cost 25% above wholesale plus shipping. Maintenance may be performed by Lessee as allowed for oxvner/operators under Federal Aviation Regulations: a copy. of said maintenance activities are defined in "Attachment B" made a part of this sublet. FOURTH: Lessor shall be given the opportunity to pro,~fde supplemental aircraf~ and/or pilots in excess of the primary, aircraft of Lessee at rates competitive to comparable aircraft in Lessee's industry. FIFTH: Lessee agrees not conduct any activities which would compete with the services offered by the lessor; specifically, but not limited to aircraft maintenance, sales, painting, or flight training. SIXTH: Lessee shall expressly prohibit the use of controlled substances by its staff'or cliemele and violation of this provision shall be grounds for immediate termination of said ~ublet. SEVENTH: Lessee shall provide to Lessor a copy of any insurance required by the City. of Sebastian, with lessor and the City of Sebastian named as additionally insured. EIGHTH: The Lessee shall name Lessor and the City of Sebastian under all indemnification and hold harmless agreements used by the Lessee's clients. Additionally, Lessee shall provide the City of Sebastian with a hold harmless and indemnification agreement for actions arising from the conduct of its operations. NINTH: Lessee shall construct fencing for the purpose of segregating the areas for the use of Lessees clients on the unimproved property, approval to be by the City of Sebastian or Sebastian Planning and Zomng Commission. TENTH: Lessee shall have the option to construct a "pole barn" .type structure for the purpose of providing shelter from the sun. The costs of said structure shall be at the sole expense of the Lessee and said improvements to remain on the property upon termination of the lease or, at the option of the Lessor or the City of Sebastian, removed by the Lessee at the sole expense of the Lessee. Location of said structure to be mutually agreed upon by the parties. Access for electric service to be made available for extension to the structure. The construction of:my improvements shall be conditioned on the prior approval by the City of Sebastian. ELEVENTH: Use of the unimproved property, by the Lessee ~o be non-excinsive with Lessors use to be mutually agreed upon. TWELFTH: Lessee agrees to accept the premises in the condition they are in at the beginning of this sublet and agree~ to maintain said premises in the same condition during the term of said sublet. THIR~~: This contract shall bind the Lessor and Lessee and their agents, successors. heirs as the case may be, of the sublet. FOURTEENTH: Violations of any provisions of this sublet shall be grounds for termination of this sublet and may be declared by Lessor. with an aviation knowledgeable mediator to arbitrate the violation should objections be given to Lessor in writing by Lessee within 24 hours of the declaration of a violation. FIFTEEN'H-I: Use of the office space shall be non-exclusive with Lessor's use to be mutually agreed upon. SIXTEENTH: Lessor shall not be relieved of any obligations to the Ci.ty of Sebastian under the terms of its lease with the Civ,, of Sebastian by virtue of this sublet. SEVENTEENTH: Lessee acknowledges the existence of the certain Lease agreement between Fly Florida, Inc. and the City of Sebastian dated June 18, 1'990 (the "Lease") and the subsequent sublease of the Lease with Sebastian Aero Services. Inc. The Lessee agrees to be bound by the terms and conditions of the Lease and agrees that if there is any conflict between the terms of this Business Sub Lease and the Lease, the terms of the Lease shall control the rights and obligations of the Lessor and the Lessee. IN WITNESS WHERE OF, the parties hereto have hereunto executed this instnunent for the proposes herein expressexk the day and year above written. WITNESSES L~r Approved, by the City of Sebastian (.__.City. Maria§er ~'~'~ ' Ci~ Approved ~to Form and Content : City Attorney BUSINESS SUB LEASE THiS AGREEMENT. emered into this day of August, 1993, betw~n SEBASTIAN AERO SERVICES, INC, hereinafter called the-~-~sor, part)., of the firs~ Part. and SKYDIVE SEBASTIAN, INC., hereinafter called the Lessee, party of the second pan: WiTNESSETH, that the Lessor does this day sublet unto said Lessee, and said Lessee does hereby hire and take as tenant under said Lessor, the two offices at thc west end of the building located at 300 West Airport Drive and the unimproved property as identified by as ~AtXaehment A" made a part of this agreement. Lessee agrees to use said property for the exclusive pur]x~ of conducting skydiv/ng operations and for no other purpose~ or uses whatsoever, for the lerm of six (6) months subject and conditioned on the provisions of clauses of this sublet beginning on the 1st da), of Augu~ 1993, and ending on the 30th da), of January, 1994, or for the six (6) month period of an even month beginning after approval of thc sublet by the Sebastian City Council, ff required, at and for the agreed total rental of payable in advance upon the first day of said sublet. Lessee will not sublet the premises without Lessor's written permission, such permission shall not be unreasoaably withheld. The following express stipulations and conditions are make a part of this sublet and are hereby assented to by the Lessee: FIRST: The parties shall review the sublet arrangements after fire (5) months for extension or modification of said lease by the mutual consent of the parties, failure to extend or modify, shall result in the termination of the sublet at the expiration of the sublet period. Any extension or modification is subject to the approval by the City of Sebastian. SECOND: Lessor agrees to allow the use of the unimproved property for parachute packing and training of Lessee's clientele and use of the rest rooms by the clientele of Lessee. TI-~D: Lessee agrees to pm-chase fuel, oil, maintenance and aircraft parts exclusively from Lessor for use in the primary aircraft of Lessee, Fuel will be provided for $1.899 per gallon, maimenance for $30.00 per hour, emergency maintenance shall be at the rate of $35.00 per hour, fuel and off prices subject to change as prices fluctuate with cost. Parts shall cost between 50% wholesale and 50% of retail prices at fair market value. Maintenance may be performed by Lessee as allowed for owner/operators under Federal Aviation Regulations. FOURTH: Lessor shall be given the opportunity to provide supplemental aircraft and/or pilots in excess of the aircraft of Lessee. Violation shall be grounds for termination of the lease. FIFTH: Lessee agrees not conduct any activities which would compete with the services offered by the lessor: specifically, but not limited to aircraft maimenance, sales, painting, or flight training. Competition shall be solely determined by the lessor and shall be grounds for immediale termination. SIXTH: Lessee shall expressly prohibit the use of controlled substances or alcohol by its staff or clientele and violation of this provision shall be grounds for immediate termination of said sublet. SEVENTH: Lessee shall provide to Lessor a copy of any insurance required by the Ci~' of Sebastian, with lessor and lhe City of Sebastian named as additionally insure~l. EIGHTH: The Lessee shall name Lessor and thc City of Sebastian under all indemnification and hold harmless agreements used by. the Lessee's clients. Additionally, Lessee shall prov/de the Cit3.' of Sebastian and Sebastian Aero Services Inc. with a hold harmless and indemnification agreement for actions or claims arising from the conduct of its operations or ou! of this sublease. NINTH: ~ shall construct fencing for the purpose of segregating the areas for the use of clients on the unimproved prop~rt% approval to be by lessor, CiF of Sebastian or Sebastian Planning and Zoning CommJ~ion. TENTH: Lessee shall have the option to construct a "pole barn" type ~ for the purpose of providing shelter from the sun. The costs of said structure shall be at the sole expense of the Lessee and said improvements to remain on the property upon termination of the lease or, at the option of the Lessor or thc City of Sebastian, removed by the Lessee at thc sole expense of the Lessee. Location of said structure to be mutually agr~xt upon by the parties, Access for electric service to be made available for extension lo the smicture. The construction of any improvements shall be conditioned on the prior approval by thc City of Sebastian. ELEVENTH: Use of the unimproved property by the Lessee to be non-exclusive with Les~r. TWELFrH: Lessee agrees lo accept the premises in the condition they are in at the beginmng of this sublet and agrees to maintain said premises in the same condition during the term of said sublet. THIRTEENTH: This contract shall bind the Lessor and Lessee and their agents, successors, and heirs as the case may be, of the sublet. FOURTEENTH: Violations of any provisions of this sublet shall be grounds for termination of this sublet. FIFTEENTH: Use of the office space shall be non-exclusive with Lessor, SIXTEENTH: Lessor shall not be relieved of any obligations to the City of Sebastian under the terms of its lease with the City of Sebastian by virtue of tl~s sublet. SEVENTEENTH: Lessee acknowledges the existence of the certain Lease agreement between FI3' Florida Inc. and the City of Sebastian dated June 18, 1990 (the "Lease") and the subsequent sublease of the Lease with Sebastian Aero Services, Inc. The LeSsee agrees to be bound by the lerms and conditions of the Lease and agrees that if there is any conflict between the terms of this Business Sub Leas~ and thc Lease, the terms of the Lease shall control the rights and obligations of the Lessor and the IN WITNESS WHERE OF. the parties hereto have hero. unto execut~ this instrument for the purposes herein expresse~, the day and year above wriuen. WITNESSES L~or Approv~l by the City of Sebastian City Manager Attest: City Clerk ATTACHJVIENT "A" Use of the unimproved property located at 300 West Airport Drive under the terms of the sublease between Sebastian Aero Services Inc. and Sky. dive Sebastian Inc. is as follows; Lessee agrees to utilize the area bounded by. the paved road to the south and the din access road ~o the west and north for parachute packing, vehicle parking and ~'taging of skydiving operations. Lessee ma3, construct a ~pole barn" type ~e in tltis area to provide shade and protection from wea~her elements. Upon mutual agreemen~ Lessee may utilize grass area for the purpose of packing parachmes as not to interfere with the operations of the Lessor. CiO' of Seba, 'tia 1225 Main Struetu SF. UASI'iAN, I'I.OIIlD^ TELEPHONE (407) 509-5330 u FAX (,107) 589-5570 SUBJECT: RESOLUTION R-93-33 INTERLOCAL AGREEMENT REGARDING AIRPORT ZONING Approval for Submittal By: City Manage~~.~,~ Agenda Number: Dept. Origin: Commgnity Pevelopment Date Submitted: 8/09/93 For Agenda Of: 8~.25/93 Exhibits: 1. Resolution R-93-33 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY $,TATEMENT On February 26, 1992, the City Council approved Ordinance O-91-21 regarding airport zoning pursuant to Section 333.03, Florida Statutes. Section 333.03 (1)(b) states, "Where an airport is owned or controlled by a political subdivision and any airport hazard area appertaining to such airport is located wholly or partly outside the territorial limits of said political subdivision, the political subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located, shall either: By intsrlocal agreement, in accordance with the provisions of Chapter 163, adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question; or Page 2 By ordinance or resolution duly 'adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested in paragraph (a) in the political subdivision within which such area is located. Each such joint board shall have as members two representatives appointed by each political subdivision participating its creation and in addition a chairman elected by a majority of the members so appointed. However, the airport manager or managers of the affected political subdivisions shall serve on the board in a nonvoting capacity." The City and County have agreed that the interlocal agreement would be the best approach to comply with Florida Statute and allow both entities to adopt separate airport zoning regulations. The County has adopted their airport zoning ordinance which is attached as Exhibit "A". RECO~ENDED ACTION Move to approve Resolution R-95-33. RE~UTION N0.,,.R-93~33 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO AIRPORT ZONING; PROVIDING AUTHORITY TO THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO EFFECTUATE A COOPERATIVE METHOD TO ADOPT, ADMINISTER AND ENFORCE AIRPORT ZONING REGULATIONS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 333.03(1)(b) of Florida Statutes requires a municipality that owns or controls an airport to enter into an interlocal agreement in accordance with the provisions of Chapter 163 or adopt an ordinance or resolution to create a joint airport zoning board; and WHEREAS, the City of Sebastian and Indian River County agree that an interlocal agreement would be the appropriate method of compliance of Section 333.03(1)(b) of Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTIOn. 1. AGREEMENT. The City of Sebastian, Indian River County, Florida does hereby agree to enter into an agreement with the Board of County Commissioners of Indian River County, identified as Exhibit "A" to this Resolution, and by this reference incorporated herein. SECTION 2. EXECUTION. The Mayor and City Clerk of the City of Sebastian are hereby directed to execute the agreement described herein on behalf of the City. SECTION 3. 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 further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon final passage. The foregoing Resolution was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert J. Freeland The Mayor thereupon declared this Resolution duly passed and day of adopted the , 1993. CITY OF SEBASTIAN By: Lonnie R. Powell, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to form and content: Charles Ian Nash, City Attorney 3 INTERLOCAL AGREEMENT ON AIRPORT ZONING REGULATIONS Indian River County, a political subdivision, and the City of Sebastian, a municipal corporation, having airport hazard areas within their territorial limits, hereby enter into an interlocal agreement in accordance with the provisions of Chapter 163.01, Florida Statutes for the purpose of coordinating the adoption, administration and enforcement of airport zoning regulations applicable to airport hazard areas appertaining to airports located wholly within the territorial limits of the City of Sebastian where the airport hazard area is located partly outside the territorial limits of the city. The parties to this agreement hereby agree as follows: 1. The purpose of this interlocal agreement is to effectuate a cooperative method to adopt, administer and enforce airport zoning regulations applicable to airport hazard areas located wholly or partly outside the territorial limits of the party having the airport within their territorial limits (reference F.S. 333.03(1)(b)1). 2. The parties agree that each party shall adopt, administer and enforce airport zoning regulations for any airport hazard area within their respective territorial limits. 3. This agreement shall remain in full force and effect so long as necessary to effectuate the intent of Chapter 333, Florida Statutes dealing with airport zoning and the cooperation among affected jurisdictions. 4. Each party to this agreement shall implement the airport zoning regulations attached to this agreement as Exhibits "A" and "B", respectively for Indian River County, and the City of Sebastian. 5. Pursuant to F.S. 163.01(11), this agreement shall be filed with the Clerk of the Circuit Court of Indian River County. 6. The City or County may amend their respective airport zoning regulations, from time to time, by providing the other party with a copy thereof, as well as filing a copy of the revised airport zoning regulations with the Clerk of the Circuit Court for Indian River County, Florida. 7. This agreement signed by either party. shall become effective upon the last date IN WITNESS WHEREOF, the undersigned affixed their hands and seals on the date shown below. Date: Jeffrey K"':'" Barton , Clerk INDIAN RIVER COUNTY, FLORIDA I i Board of County Commissioners CITY OF SEBASTIAN Date: ATTEST Kathryn M. O'Halloran By Lonnie Powell, Mayor STATE OF FLORIDA COUNTY OF INDIAN RIVER was acknowledged before me this ~ .The orego ng instrument day of (I'~A~). , 1993 by Richard N. Bird, Chairman of theBoar County C~m~hiSsioners of Indian River County, Florida, who is personally known to me, and who did not take an oath. NOTARY PUBLIC My Commission Expires: I~ ,~ %1 ~ate of Fioricla I STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 1993 by Lonnie Powell, the M~yor of the City--~'~ Sebastian, who is personally known to me, and who did not take an oath. NOTARY PUBLIC My Commission Expires: printed name: Commission No. 3 I I ORDINANCE 93- 7.Z- AN ORDINANCE OF :INDIAN RIVER COUNTY, FLORIDA, TO BE KNOWN AS THE AIRPORT ZONING ORDINANCE; AMENDING THE FOLLOWING CHAPTERS OF THE i LAND DEVELOPMENT REGUI~P, TIONS (LDRS), CHAPTER 901, DEFINITIONS, . CHAPTER 911, ZONING; AND PROVIDING FOR REPEAL OF CONFLIC?ING PROVISIONS CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. . I SECTION l: Section 911.17 of the Zoning Chapter is hereby established to read as follows= i Section 911.!7 ..... Airport Zont~ 11) Title l~J ~ort Bel~ht ~o~i~l~.~t_io~ Zones and R~iula~ion~ AIRPORT ZONING {1) TITLE. This section shall be known as the Indian River County Airport Zoning Ordinance. (2) PURPOSE AND INTENT. The purpose of this airport zoning ordinance is to provide both airspace protection and land use compatibility with airport ~erations in Indian River County.. ......... This ordinance, through establishment of airport overlay zones and corF~spondinq regulationsj., provides for independent review of development Proposals in order to promote the public interest in safetyz health, and general welfare in Indian River County as well es tn ensure that all publicly licensed airports in Indian River County can effectively function. Thereforet the Indian River County Board of County Commissioners deems it necessary to regulate uses of land located within or near the traffic patterns of airports through regulation of height of structures and objects of natural growth, and through ~eg~.!ation of land uses within noise impacted areas and runway clear zone areas. There ts hereby adopted and established the..o__fficl~ a.~r~Ft.zontna regui'&~tons PUrsuant to"~he au~0'k[~y con~erred on the Board ox County Commissioners of Indian River County, Florida, consistent with Chapters 163 and 333; ~lorida Statutes. Coding: Words in ~ type are deletions from existing law. Words underlined ere additions. 1 iEXHIBIT "A"J ORDINANCE 93- (3) DEFINITIONS. All terms defined in the Indian River County Land Development Requlations, Chapter 901, are applicabie in this section. (4) ~IRPORT ZONES OF INFLUENCE. Indian River County hereby adopts three (3) air~ort overlay zone~ which are shown on the county's official zoning atlas. These zones are established to regulate development in proximity to aha following licensed public use airports located within Indian River County: Veto Beach Municipal Airport, Sebastian MuniciPal AirPort, and New Hibiscus Airport. The location of these zones of influence is hereby established by this Ordinance. Boundaries of these Zones of Influence may be changed only by wax..of an amendment of aha official zoning at~st pursuant to Section 902.12 of the land development requlations. Ali development applications for land within these zones of..!af~uence shall comply with the air~0~t ~oning requla~!0ns of Section 911.17. In addition, development within these airport overlay zones shall also comply with appl~e.underlylnq zoning district requirements as referenced in ~hapter 911, Zoning, of the count~s land development regulations. Following are the three airport overlay zones~ A/~ort Height Not/f/cation Zone (Subzone A and 8ubzone Airport Runway Clear Zone~ and Airport Noise Impact Zone. Where a zone of Influence overlays a portion of a property, only that portion within the zone shall be affected by the zone regulations. Furthe~o~e, in relation to applying runway c~pr zone and noise impact zone requirements,_.B~e....regulations shall apply to..t~e structure or facilities constituting the use and shall not qenera!iy aPPly to aCCessorY open space, landscape and buffering, stormwater manaaement, or_driveway and parkinq uses. (al Airport Helqht Notification Zone and Regulations. Establishment of Zone. The Airport Heiqht Notification zone is hereby established as an overla~, zone on the adopted county zoning atlas. This zone is established to requlate the height of structures and natural ve~etation for areas in proxlmit~ to the licensed public use airports located within Indian River County. The AirPort Helqht Notification Zones, consists of two subzo~es, defined as foilows= Subzone A. The area surroundin~ each Licensed ~ublic Use Airport extending outward 20t000 feet from the ends and each side of all active runways, Subzone B. That area within the unincorporated area of the county not within Airport Height Notification Subzone A. Height Not~.~catlon Regulations. All development proposals for land within the height notification zone shall be forwarded to the Federal Aviation Administra£'lon (FAAJ robe reviewed for co~"f6rma~c* with the Obstructions Standards detailed In Title !4~ Code of Federal Requlstlons~ Part 77 Subpart C. (14 CFR Part 77)± Codtng~ Words in--type ars deletions from existing law. Words underlined are additions. 2 ORDZNANCZ 93- A proposed development shell be determined to be a "potential airport obstruction" if the proposed development would result in · structure or nature1 vegetetion havinq a height greeter than an lmaqinery surface extendinq outward end upward from the ends and sides of a publlcally licensed airport ective runwey at a slope of i foot vertical to 100 feet horizontal outwerd to 20,000 feet for Subzone A or 200 feet above ground level for Subzone B. Applicents of eny development proposal determined ~the county to result in a structure(s) thet constitutes · "potential air_port obstruction" shall be issued · Notice of Potentiel Airport Obstruction during the development ProD~.~91 review process by the community development director or his deslqnee. l__~. No proposal for development will be approved for construction and no permit for construction will be Issued for any proposal to construct any structure which is determined by the county to be a "potential airport obstruction" unless a county Airport Construction Permit is granted or unless a county Airport Obstruction Verience Is granted. Any proposed development which Is not determined to be a "potential airport obstruction" is exempt from eny airport heiqht notificetion zone permittinq regulations contained herein. 3_=. Airport Construction Permit Procedures and Criteria for APProval. Anyapplicent affected by a Notice of Potential Obstruction may apply to the community development director for an Airport Construction Permit. Procedures for Obtaining an Airport Construction Permit. l_~. Applicants shall submit to the Planninq Division a completed Airport Construction Permit application form (as provided by the county) and a copy of the notice of proposed construction form submitted to the FAA for the prolect. Permit reauests may be considered by the communit~ development director concurrent with development plgn....approval consideretion. 11. Prior to permit requests beinq considered for approval, epplicents shell submit to the Plannlnq Division the final Determination issued by ~h¢ i?~ beard cji Its review of the epplicent's Notice of Proposed Construction submitted in accordance with 14 CFR Pert 77. b__. Criteria for Granting an Airport Construction Permit. Coding: Words ln~ type are deletions from existing law. Words underlined are additions. 3 ORDZI~IC~ 93- 1_~. Where the FAA has reviewed the proposed devalopment and determined its construction would not ~'~eed an Obstruction Standard of 14 CFR Part 77, the comuntty development director shall qrant an Airport Construction Per, it for the proposed development provided that a condition is attached to the pe~mlt approval to ensure that the approved structure(s) is marked and llqhted prior to the issuance of a Certificate of Occupancy (C.O.) if es required by Chapter 14-60~ in accordance with the standards of Rules of the Department of Transportation and Federal Aviation Administration AdvlaoryClrcular 70/7460- ir as amended, ~.~ Where the FAA has reviewed a proposed development and determined that the ProPosed develol~nent exceeds the Obstruction Standards of 14 CFR Part 77, no AirPort Construction Permit may be approved, and a county Airport Obstruction Variance (see regulations below} must be obtained by the applicant for the proposed development to proceed. c. APPeals. Actlone of the community development director relatlnq to qrantln~ or denyinq an AirPort Construction Permit may be appealed within 15 days of the decision rendered. APPeals shall be heard by the Board of Adjustment and maybe filed by the applicant, staff, or any person aqqrleved or taxpayer affected or qoverninq body of a political subdivision or FDOT. All appeals shall be filed, reviewed, and heard in a manner consistent with sections 333.08 and 333.10 of the Florida Statutes. 4_~. Airport Obstruction Variance Procedures and Criteria. Procedures for Obtalnlnq an Air, oFt Obstruction Variance. Applicants shall submit to the Planninq Division a completed Alrport Construction variance application form, as ProVided by the county. Variance requests shall be considered b~ the Board of Adjustment. The ~equest may be approved, aPProved w~th conditions, or denied. 1t. Prior to variance requests be~nq scheduled for considera~i~,~b} the Board of Adjustment, the applicant shall submit to the Planninq Division the followinq= · A copy of the notice of pF. oposed construction form submitted to the FAA~. · A final Determination Issued by the FAA based on its review of tho applicant's Codtngt Words In--type are deletions from existing law. Words underlined are additions. 4 ORDINANCE 93- Notice of Proposed Construction submitted in accordance with 14 CFR Part 77; * A valid aeronautical evaluation {may consist of the evaluation Derformed by the FAA)~ eComments from the FDOT or evidence that the FDOT has made no com~_ent~durinq, its required 45 day comment timeframe. Said evidence shall include a return receipt showinq that the FDOT comment timeframe has been exceeded. b__. Criteria for Grantinq an Airport Obstruction Varience Where the FAA has reviewed the Proposed development and determined its construction would exceed an Obstruction Standard of 14 CFR Part 77, the Board of Adjustment may qrant an Airport Obstruction variance for a proposed development. Such a variance maybe qranted if the Board determines that a literal enforcement of the requlations would result in practical difficulty or unnecessary hardship and where the relief qranted would not be contrar~ to the .public interest (i.e. the develo~ent can be accommodated in navigable aArspace without adverse impact to the county's public use airports or aviation operations) but would do substantial lustlce and be in accordance with the spirit of chapter 333, Florida Statutes, and provided that: condition is attached to the variance approval to require that the approved structure{s) is marked and liqhted to indicate to aircraft pilots the presence of an obstruction in accordance with the standards of FAA AdvisoryClrcuiar Number 70/7460-1G., a~._lt maybe amended. Where such marking or lightinq is required, such requirement shall be satisfied prior to the issuance of a Certificate of Occupancy (C.O.) for the affected structure. Si.. F~J~ determines the aeronautical evaluations submitted are valid. iii___=. Consideration is qiven to: 1_~. The nature of the terrain and height of existing structures. 2. Public and private i..Lu=~sts and investments. The character of fl¥in~operat!ops and planned development of a/rports. 4. FAA desiqnated federal airways. Coding: Words in--type are deletions from existing law. Words underlined are additions. 5 ORDINANCE 93-__ Whether construction of the proposed structure would cause an increase in the minimum descent'altitude or the decision height at the affected airport. 6_~. Technological advances. 7_=. The safety of De,sons on the ground and in the air. 8. Land use density. The safe and efficient use of 11. navigable airspace. The cumulative effects on naviqab~e airspace of all existinO structures, ProP~d structures identified in the applicable ~uriadictions' comprehensive Plans, and all other known proposed structures in the area. FAA determinations and results of aeronautical stUdies conducted byor for the FAA. 12. FDOT comments and recommendattg~$., including FDOT findings relating to FS 333.025(1) standards and guidelines. 13__~. Comments and recommendations from local airport authorities. 14. Other testimony and findings of aviation operations and safety experts. Chapter 902 variance criteria shall not b~ applicable to Airport Obstruction Varlanc~ Airport Runway Clear Zone and Regulations. Zone ~ablishment. There is hereby created anti established as an overlay zone on the adopted ~ounty zoning atlas a runway, clear zone for areas at ~ach ~nd of every active runway at all pub~cl~ licensed airports. Within a runway clear zone, certain uses are restricted or Droh~bitedto reduce incompatibilities with normal airport operations and danger to D~blic health. 2__=. Runway Clear Zone Regulations, The following tYPes of uses &liall b~ prohibited within the runway clear zone= Educational centers (Including all types of primary and secondary schools, pre- schools;, child care facilities), ~ospltals, medical Inpatient treatment facilities, nurslna/convaleecent home facilities. Coding: Words in--type are deletions from existing law. Words underlined are additions. ORDXN&NCE 93- Places of Worship. Allowable Uses. Any use which is not prohibited In a runway clear zone as determined In a. above, Is allo~able within the runway clear zone, sub3ect to compliance with applicable noise Impact zone and zoning district requlations. &ppeals. Determinations by the community development director, relating to use ~nterpretations Involving section "a." above~ may be pppealed to the Planning and Zoning Commission sitting as the Atrl>ort Zoninq Commission, In the manner prescribed .by section 902.07(1) through (4) of the Code. Further appeal may be made to the Board of Adjustment by an applicant or any person aggrieved or taxpayer .affected or governing body_of a..polltlcal subdivision or FDO~. All such appeals to the Board of Adjustment shall beflled, reviewed, and heard in a manner consistent with sections 333.08 and 333.10 of the Florida Statutes. (c) Airport Noise Impact Zone and Regulations. Zone Establishment. There is hereby created and established as an overlay zone on the adopted county zoning atlas an airport noise impact zone for areas surroundtnq all publicly licensed airports. The noise zone Is an area In which uses are restricted and special construction standards are to be used to minimize the Impact of airport generated noise routinely produced by continuation of normal airport operations. The airport noise ~mpact zone Is defined as follows= An area contiguous to apublicly licensed airport measuring one-half (1/2) the length of the lonqest active runway on either side of and at the end 6f each active runway centerllne. For land use control PUrPOSeS, this boundary shall be considered to be consistent with the 65 to 70 ldn zone determined by an official Part 150 Noise Study. Notwithstanding other provisions of thissection, should any publicly licensed airport conduct an official 14 CFR Part 150 study, the boundaries of that airport's noise Impact zone shall be modified to comply with the official noise study, subject to amendment of the official zoning atlas as addressed In Section 911017(4) of these requlatlons. 2. Noise ~m~pact Zone Land Use Regulations. Provisions of this section shall apply .$~ construction, alteration, moving, repai~ :nd ,,se of any bUilding or structure within the N0[~e Impac~ Zone. Permitted Uses. The following uses shall be permitted ~lthln the established noise overla~ zone, unless prohibited by overflight zone or zoning district regulations= Coding= Words in--type are deletions from existing law. Words underlined are additions. 7 ORDrNANC~. 93-~ 1..!. ,.. vi. vii. viii xlt. XlV. XVo XVl. Governmental Services TransPortation __ Off:Street Parking Offices, business and professional Wholesale and retail building materla~ hardware and farmgg~!lmaent Retail trade - general Utilities, Heavy or Limited .Communications Manufacturing - general Photographic and optical services Mlnlnq and fishing, resource production and extraction Nature exhibits and zoos .Amusement parks, resorts and camps __ Golf courses, riding stables and water recreation Ag~&l operations Similar Uses. Restrl. cted Uses and Criteria. The ~9!lowlnq uses shall be permltted within the established noise overlay zone, (unless prohibited by overfltqht zone or zoning district regulations) only if the proposed development complies with the applicable criteria described below= Child Care, Transient Lodgings, Educational Centers, Residential iother than mobile homes), and similar uses. Developers of proposed child care facilities, transient lodal~gst educational centers and r~!~entlal uses lother than mobile homes) shall verify.to the county in writing that ProPosed bulldlnqs are designed to achieve an outdoor to indoor noise level reduction (NLR} Of at least ~5 decibels. (Normal residential construction can be expected ~0.provlde an NLR of 20-25 decibels). .ii. Hospitals, Homes for the Aged, Places of Worship, Auditor/uss, Concert Halls and similar uses. Hospitals' homes for the aged, Pia~s of worshlp'[h~udit0~iums and concert halls shall verify to the count~ in writing that proposed bulldinqs are designed to achieve an outdoor to Indoor noise level reduction (N~R) of at least 25 decibels. 11t. Outdoor Sports Arenas, Spectator Sports and similar uses. Outdoor $~orts arenas and spectator sports facilities must be constructed with special sound reinforcement systems consistent with bulldlnq code requlatlons. In lieu of providln~ written verification that ~roposed bulldlnq is designed for an NLR of 25 decibels (as stated In Ir.' ii; and Ill above), a developer may execute and record an avlgatlon easement as provided in 911.17(4)(c)2.e. below. Coding: Words in--type are deletions from existing law. Words underlined are additions. 8 ORDINM~CE 93- c_~. Prohibited Uses. Uses which are not specified in Section 911.17 [4](~)2.a. and b. as permitted or restricted are prohibited within the noise overlay zone. d__. Appeals. Determinations by the community development director, relating to use interpretations tnvolvina sections "a." or "b." or "c." above, may be appealed to the Planning and Zoning Commlssl~slttlng as the Airport goninq Commission, In the manner prescr!,~ed by section 902.07(1) through (4~ of the Code. Further appeal may be made to the Board of Adtustment by an aPPlicant any aggrieved personL taxpayer affected, qovernlnq body ofapolitlcal subdivision, or FDOT. All such appeals to the Board of Adlustment shall be filed, reviewed, and heard In a manner consistent with sections 333.08 and 333.10 of the Fl0'~i~i Statutes. Avlqation Easements. An avlqation easement is a leqal document that grants to the owner[operator of a nearby airport a right to continue to ~rate the airport In a manner similar to current operations, despite potential nuisance effects upon uses that are beinq established in close proximity to the airport. Applicants choosing to provide an avlgatlon easement shall execute said easement to the appropriate airport authority. The easement sba1! be in a form acceptable to the count~ attorney's office and shall be executed in a recordable form by the property owner: -prior to release of a development site plan, ~prior to or via recording of a final plat, or -prior to issuance of a building permit, as applicable. The ProPerty owner shall record the easement an~provide a coPY of same to the county. (d) Special Requirements Applicable Unincorporated Area of the County. Throughout the Notwithstanding any other provision of this section (911.17) ~9.Use may be made of land or water within the unincorporated area of the count~ in such a manner as to interfere with operation of an airborne aircraft usinqa publicly licensed airport. The following special requirements shall aPPl~ to ProPosed develoDments~ Solid Waste DisPosal Sites shall be reviewed in accordance wAth the State of Florida Department of Environmental Requlation (DER) Rule Ch&pter 17 701, which requires the a. No Solid Waste Disposal Sites shall be permitted to be located as follows: Coding2 Words in--type are deletions from existing law. Words underlined are additions. 9 ORDINANCE 93-__ within lOtO00 feet of any publicly licensed airport active runway use~ or planned to be used by turbine Dowered alrcraftt 9~ ii. within 5,000 feet of any publicly licensed airport active runway used only by piston type a~graftt or 111. so that It places the active runways and/or approach and departure patterns of an airport between the solid waste disposal site and bird feedlnu, water or roosting areas, or iv. locations outside the above locations but ~'ttll within the limits of any airport overlay zone(s) if determined by the FAA to Pose a hazard. ProPosed developments which produce lights or illumination, smoke, glare or other visual hazardst or produce electronic l~terfarance with airport/ airplane navigation signals are sub~ect to the standards specified In the FAA Procedures Manual 7400~2C, consistent With Chapter 3~3.03(3)'~i0~ida Statutes, as smy be applied and enforced by the state and/or federal governments. (e) Nonconfor~ing Uses. The regulations prescribed herein shall not be construed to require the removal, lowering, or other chanae to or alteration of any structure or natural vegetation not conforming.to the regUiati~ns as of the e~eCtive date of ~his ordinance, or to otherwise interfere with continuance of any nonconforming use except as provided In 333.09(1) and (3). However, no Dre-exlstlno nonconforming structure, natural veqetation, or use shall be replacg~,rebullt, altered, or allowed to grow higher, or to be replanted, so as to constitute an Increase in the degree of nonconformity with these requlations (911.17}. Nothing contained herein shall require any change in the constructlon~ alteration~ 9=....intended use of any structure, where the construction or alteration was begun Drier to the"'~fectlve date of this ordinance and Is completed within one year thereafter. The Drovlsiops of Chapter 904 of the land development r~ulations also aPPly to non-conformities. SECTION 2t Section 901 of the Definitions Chapter is hereby amended to include the following definitions in alphabetical order= AZRPORT~ LICENSED PUBLIC USE - an area of land or water designed and set aside for the landing and taking eli aircraft, ~!~lzed or to be utilized in the interest of ~9~11c for such DuFpose and validly licensed b~ the state in the Public Airport category~ Publicly licensed airports lnclude~ The Veto Beach MuniciPal AirPort. the Sebastian Municipal ~!rPort~. and the New Hibiscus Alrpgrt] Coding= Words in--type ars deletions from existing law. Words underlined are additions. 10 ORDINANCE 93-~ AIRPORT HEIGHT LINITATION ZONE Subzone A. The area surrounding each Licensed Public Use Airport extending outward 20~000 feet from the ends and each side of all active runways, and Subzone S. That area within the unincorporated area of the county not within Airport Height Notification Subzone A. AIRPORT NOISE IMPACT ZONE - An area contiguous to a~ublicly 'licen~ airport mea~uring one-half (i/2) the length 0~ the longest active runwa~ on either side of and at the end of each active runway centerline. For land use control purposes; this boundar~ shall be considered to be consistent with the 65 to 70 ldn zone determined by an official Part 150 Noise Study. AIRPORT OBSTRUCTION (Hazard) - Anystructure or object of natural growth or use of land which would exceed the federal obstruction standardsas contained in 14 CFR Parts 71.21; 77.23, 77.25, 77.28, and 77.29 and which obstructs the airspace required for fliqht of aircraft in taking off, maneuvering or landinq at an airport or is otherwise hazardous to takinq-off~ maneuvering or landing of aircraftr and is un~mermitted, or for which a variance has not been granted. AIRPORT RUNWAY CLEAR ZONE - An area at ground level which begins at the end of a~rtmar~ surface ~as defined in 14 CFR Part 77) and extends with the width of each approach surface (as defined in 14 CFR Part 77) to terminate directly below each approach surface slope at the point, or points, where the slope reaches a height of 50 feet above the elevation of the runway or 50 feet above the terrain at the outer extremity of the clear zone~ whichever distance is shorter. EASEME,NTr AVIGATION - A right of use over property whereby an airport proprietor may operate over real property of another. ELEVATION, AIRPORT - The highest point of the airport's usable landtnq area measured in feet Above Mean Sea Level (AMSL). LANDING AREA - The area of the airport used for the landinq, take-off, or taxiinq of aircraft. Ldn - a day/night 24-hour averaqe sound level, In decibels, obtained after addition of 10 decibels to sound levels occurrinq during the niqht time Der/od from 10 PM to 7 AM. NOISE LEVEL REDUCTION (NLR) - (also known as Sound Level Reduction (SLR)) Reduction in sound level decibels between two designated locations or rooms for a stated frequency or band. ROOMS; OCCUPIED - Rooms within enclosed structures which are or may.re.&,~,9~a~l~.,be,~xpected to be use~ for human activities which involve speech communlcstion~ s!eepinq; eatinq; liskenl.,~ ko live, recorded or broadcast music or speeCh~ or the reqular use of telephones. RUNWAY - A defined area on an airport prepared for landinq and takeoff of aircraft alonq its length. Coding: Words in--type are deletions from existing law. Words underlined are additions. 11 OaDINANCZ SECTION Section 911.15(1)(b) Is hereby amended to read as Helqhtlimltatiogs~_. No structure shall be erected which would conflict with the hetqht ~ulatlons of section SEC?ION REPEAL OF CONFLICTING PROVISIONS Ail previous ordinances, resolutions, or motions of the Board of County Commissioners of indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Ail Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION CODIFICATION The provisions of this ordinance shall be incorporated Into the County Code and the word "Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. SECTION 7: EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgement that this ordinance has been filed with the Department of State of the State of Florida. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 18th day of March. .., 1993. This ordinance was advertised in the Veto Beach Press-Journal on the _~ day of February , 1993, and on the 11 day of ~l.~ch , 1993, for public hearings to be held on the__2__ day of March , 1993, and on the ~ day of March , 1993 at which time at the final hearing it was moved for adoption by Commissioner F~rt , seconded by Commissioner Macht ._ , and adopted by the following vote~ Coding: Words in--type are deletions from existing law. Words underlined are additions. 12 ORDX#ANCE 93---] Chairman Richard N. Bird A~e. Vice Chairman John W. Tlppin Absent Commissioner Fran B. Adams Aye Commissioner Carolyn K. Eggert He Commissioner Kenneth R. Macht Aye STATE OF FLORIDA INDIAN RIVER COUNTY ~OA~D OF COUNTY COMMISSIONERS THIS IS TO CERTIF~Y THAT THIS ~ OW TN'r~TANgTt,71~D r~nn~v A TRUE AND CORRECT CO~'Y Ol' ........ ~" ~,~' ~ .... ~ THE ORIGINAL ~ FILE IN THIS -- ~~ ~~ ~ OFFICE ~ ~'~- ~ ~ ' ' Rtchard..N. Bird, Cha~a~ J~R~ K. ,ARTON, CLERK .~~ ~ ~ ~h~ this 26 day of ~areh , 1993. Effective Date: Acknowledgement from the Department of State received on this 29th day of March , 1993 at 10:00 A.M./~K and filed in the office of the Clerk of the Board of County Com~lssioners of Indian River County Florida. APPROVED AS TO FOR AND LEGAL SUFFICIENCY. William G. Collins, II, Deputy County Attorney APPROVED AS TO PLANNING MATTERS R°be~t M. Kea~i~ AZgI~ Community Development ~trector u\c\s\911fdot2.azo Coding~ Words in--type are deletions from existing law. Words underlined are additions. 13 ORDINANCE NO.: 0-91-21 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE V, SECTION 20A-5.15 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, RELATING TO AIRPORT HAZARDS AND USES OF LAND IN AIRPORT VICINITIES; PROVIDING REGULATIONS RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH IN AND AROUND THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR REGULATIONS RESTRICTING AIRPORT LAND USE; PROHIBITING RESIDENTIAL CONSTRUCTION WITHIN NOISE IMPACTED AREAS IN PROXIMITY OF THE AIRPORT; PROVIDING PROCEDURES FOR GRANTING VARIANCES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 333.03, Florida Statutes requires every political subdivision having an airport hazard area within its territorial limits to adopt, administer and enforce airport zoning regulations for such airport hazard areas; and WHEREAS, the City of Sebastian, Indian River County, Florida, pursuant to Section 333.03(1)(a), Florida Statutes, adopted zoning regulations with respect to the Sebastian Municipal Airport; and WHEREAS, recent amendments to Chapter 333 of the Florida Statutes, provided, among other things, for the regulation of land uses in the vicinity of airports; and WHEREAS, the City is required to revise its airport zoning regulations in order to take into account such changes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY] FLORIDA, as follows: Section 1. The following definitions shall be added to Section 20A-5.15A of the Land Development Code of the City of Sebastian: "Climb Gradient. An aircraft instrument departure procedure requiring adherence to a minimum climb, slope or grade expressed in feet per nautical mile. Minimum Vectoring Altitude. The lowest above mean sea level altitude at which aircraft operating on instrument flight rules will be vectored by a radar controller, except when otherwise authorized for radar approaches, departures or missed approaches. Non-Precision Instrument Runway. A runway having an instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in, non- precision instrument approach procedure has been approved or planned, and for which no precision instrument approach facilities are planned or indicated on an appropriate civil or military airport planning document. Nonstandard Take-Off Minimums. Conditions of existing weather required for take-off at an airport which exceed the standards prescribed in Federal Aviation Regulations Part 91. Precision Instrument Runway. A runway having an instrument approach procedure utilizing an instrument landing system, microwave landing system or a precision approach radar including a runway for which such a system is planned and is so indicated on an approved civil or military airport layout plan, other FAA planning documents, or comparable military service planning documents." Section 2. Section 20A-5.15B6 of the Land Development Code shall be amended to read as follows: "6. Transitional Zone. An area extending .outward from the sides of each primary zone and approach zone connecting them to the horizontal zone and an area outward 5,000 feet horizontally or until intersection with the conical zone from the side of that portion of the approach zone of a precision instrument runway extending through and beyond the conical zone. No structure or object will be permitted within the transitional zone greater in height than the primary or approach zone at their adjoining 2 boundary lines increasing at a rate of one (1) foot vertically for every seven (7) feet horizontally, with the horizontal distance measured at right angles to the runway centerline and extended center-line, until the height matches 'the height of the horizontal zone, or the height of the conical zone for a horizontal distance of 5,000 feet from each side of that part of the approach zone for a precision instrument runway extending beyond the conical zone." Section 3. Section 20A-5.15B7 of the Land Development Code shall be amended to read as follows: "7. Other Areas. In addition to the height limitations imposed within this section, no structure or obstruction shall be permitted within the City of Sebastian that would cause a minimum descent altitude, minimum obstruction clearance altitude, minimum vectoring altitude, or a decision height to be raised nor which would impose either the establishment of restricted minimum climb gradients or nonstandard take-off minimums for a runway at Sebastian Municipal Airport." Section 4. Section 20A-5.15C of the Land Development Code shall be amended to read as follows: "C. Airport Land Use Restrictions. 1. Notwithstanding any other provision of this section, no use may be made of land or water within any zones established by this section in such manner as to interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use: a. Ail lights or illumination used in conjunction with street, parking, signs or .use of land 'and structures shall be arranged and operated in such manner that it is not misleading or dangerous to aircraft operating from a public airport or in vicinity thereof. b. No operations from any type shall produce smoke, glare or other visual hazards within three (3) statute miles of any useable runway of a public airport. 3 c. No operations from any type shall produce electronic interference with navigation signals or radio communication between aircraft, the .airport or other air traffic control facility. d. Within any airport primary zone or within any runway approach zone area where the zone height is fifty (50) feet or less above the end of the runway, no operations from any type shall involve the storage, distribution or manufacture of flammable, explosive, toxic or other hazardous materials. This restriction shall apply to those materials in a quantity or of a type which if exposed to an aircraft accident would further 3eopardize the safety or health of the aircraft, occupants, occupants of facilities in the vicinity, by-standers and emergency personnel, or would prevent, delay, limit or otherwise curtail appropriate response actions by emergency personnel. e. Within any airport primary zone or within any runway approach zone area where the zone height is fifty (50) feet or less above the end of the runway, no operations from any type shall involve the congregation. of people for either short or long-term purposes. This restriction shall apply to any use involving individuals who by their numbers, condition, age or other factor, should they be exposed to an aircraft accident, might escalate the resultant effect to disaster of major proportions. 2. Solid Waste Disposal Sites ("Sites") shall be considered as a non-conforming use if located within areas established for the airport through the application of the following criteria: a. Sites located within 10,000 feet of any runway used or planned to be used by turbojet or turbo prop aircraft. b. Sites located within 5,000 feet of any runway used only by piston type aircraft. c. Any Site located so that it places the runways and/or approach and departure patterns of an airport between bird feeding, water or roosting areas. 4 d. Sites outside the above perimeters but still within the lateral limits of the airport zones described in section 20A-5.15B, will be reviewed on a case-by-case basis by the Board of Adjustments. 3. Residential construction shall not be permitted within an area contiguous to any airport measuring one-half the length of the longest runway on either side of and at the end of each runway centerline of such airport. Notwithstanding the foregoing limitations, if the property owner provides the City with a perpetual avigation easement for the airspace above the ground level of the entire parcel of real property owned by the property owner upon which residential construction will be situate, in a form which reasonably precludes the property owner and his/her/their/its successors and assigns from commencing or maintaining a successful action for condemnation (inverse or otherwise) resulting from the aviation activities arising from the airport, as determined by the City Council on the advice of the City Attorney, then the area where residential construction would otherwise be precluded pursuant to this paragraph 3 may be reduced to the extent that restrictions contained in this Section and elsewhere in the Land Development Code and the Code of Ordinance are not violated." Section 5. Section 20A~5.15D of the Land Development Code shall be amended to read as follows: "D. Variances. 1. Any person desiring to erect any structure, increase the height of any structure, permit the growth of any tree, or otherwise use his property in violation of the airport zoning regulations prescribed in this section, or any land development regulation adopted pursuant to the provisions of Chapter 163, Florida Statutes, pertaining to airport land use compatibility, may apply to the Board of Adjustment for a variance from the zoning regulations in question. At the time of filing, the applicant shall forward a copy of his application for variance by certified mail, return receipt requested, to the Florida Department of Transportation (the "Department" ), Aviation 5 Office, M.S. 46, 605 Suwannee Street, Tallahassee, Florida 32399-450. The Department shall have 45 days from receipt of the application to provide comments to the applicant and the Board of Adjustment. If the Department fails to provide its comments within 45 days of receipt of the application, its right to comment is waived. The Board of Adjustment may proceed with its consideration of the application only upon the receipt of the Department's comments or waiver of that right as demonstrated by the filing of a copy of the return receipt with the Board showing that the 45 days have elapsed. Additionally, no application for a variance may be considered unless the applicant shows evidence that the requirement for notice of construction or alteration under Title 14, Code of Federal Regulations, Part 77, has been complied with. 2. A variance may only be allowed where a literal application or enforcement of the regulations provided in this section would result in practical difficulty or unnecessary hardship and where the relief granted would not be contrary to the public interest but would do substantial Justice and be in accordance with the spirit of the regulations provided herein. Provided, however, a variance may be allowed subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of this section. 3. In granting a variance under this section, the Board of Adjustment shall, as a specific condition, require the owner to mark and light the structure or growth to indicate to aircraft pilots the presence of an obstruction. Such marking and lighting'shall conform to the specific standards established by Chapter 14-60, Rules of the Department of Transportation and Federal Aviation Administration Advisory Circular 70-7460-1H, as amended." Section ~. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. ~ection Z- CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance 6 shall become and be made a part of the Land Development Code of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 8. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 9. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman ~~ The motion was seconded by Councilman ~'~ ..... and, upon being put into a vote, the vote was as follows: W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George G. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this ~~ day .~~ , 1992. / 7 ATTEST: Ka~hryn ~.//0' Ha~"lofan, CMC/AAE City Clerk~ (SEAL) CITY OF SEBASTIAN, FLORIDA I HEREBY CERTIFY that notices of public hearings on this Ordinance were published in the Veto Beach Press Journal as required by State Statute, that the notice requirements of Section 166.041(3)(c)2. of Florida Statutes were complied with. that two public hearings ~ere held on'this Ordinance at 7:00 m. n ~ ~. ~he_ /~,,,~ day of ~.~~_ , , 1992, and at 7:00 p.m. on ~ne ~ day of ~ , 1992, and that following ~aid public hearings this Or~ina'~ce was passed by the City ~ouncil. Kathrln%/M. O~Hailoran, CMC/AAE City Cle~.... Appr~a~rm and Content: Cha~es Ian Nash, Cit~-Attorney 8 City of Sebastian 1225 Main Street ~, SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT: PROPOSED ORDINANCE REGARDING SPECIAL USE PERMITS Approval for Submittal By: . .... City Manager~F/ Cg~dg~/~ Agenda Number: 2/,,0 Dept. Origin: CommuNity Development (BC)~ ) Date Submitted: ) ) For Agenda Of: ) ) Exhibits: ) 1. ) ) 2. ) 5. 8/3.]./.93 8/25,/93 Letter dated August 5, 1993 from Charles Nash Proposed language for Section 20A- 2.6 Da He. mo EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Staff was directed by City Council to review Section 20A-2.6 of the Land Development Code regarding special use permits and add the requirement of the Planning and Zoning Commission to review such permits. Attached is the proposed language which adds a new paragraph D to this section of the code. ~ECOMMENDED ACTION IMove to direct the City Attorney to draft an ordinance to amend Section 20A- 2.6 as outlined by staff. 75.2 D Sec. 20&-2.6. Special Use Permits pROPOSED LANGUAGE: A. Jurisdiction. Notwithstanding any provisions of this article, the City Council may, in its sole discretion, grant a special use permit in any district for a use which is not provided for in the zoning regulations. All such uses shall not be otherwise illegal, shall not be specifically prhibited pursuant to the comprehensive plan or other applicable law or regulations, and shall satisfy the following findings of fact by the City Council. B. Required findings of fact. The City Council shall not grant any special use permit under this section unless it shall make findings based upon the evidence presented to it in each specific case that: The granting of the special use permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the i~mediate vicinity in which the property is located; and The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district. C. Conditions. In granting special use permits under this section, the City Council may require such conditions as will, in its judgment, substantially secure the objectives and intent of the zoning regulations and other components of the City's land development controls. D. Plannina a~d Zonina Comlssion Review. Prior....to the city council cons%derinq an. application for a special use pe~t, the Plannin~ and Zonina....Commission shall hold a public hearinq .to review and consider the application for a special usD permit. After the n~blic hearing, the Pl.~ninq..~nd Zoning CQ.mmiss~.on sha~] submit a writteD report ~D the City Council settin~ forth, it~ recommendation concerning the.propose~ special use permit and shall indicate ~hether~ iD the opinion o.~ the planning and ZoniDg Commission, the proposed use meets the required.findings of......fact set forth in SDbsection ~..of this Section. 20A-2.6. ~ E. Public hearing. Before acting on any request under this section, the City Council shall hold a public hearing thereon, with notice as follows: By publication in a newspaper of general circulation in the City of Sebastian at least seven (7) days prior thereto; and By certified mail, return receipt requested, to the owners of record of real property located within two hundred (200) feet of the real property involved in such request, at least fifteen (15) days prior thereto. This requirement is directory only and not mandatory. E. F. Fees and costs. There shall be an application fee for a special use permit under this section. The amount of the fee shall be determined by resolution of the City Council. The applicant shall bear the expense of giving the required notices. supermit.wp 589-5570 ~RE SE. I~ASH (~ Tom. P_~ ATTOIL~EYS AT I~Aw :. 930 S, HAI~_BOR CITY BLVD. Smr~ 505 !'.. ;.. I~ELBOURlVE. I~LOmDA 32901 .... . (407) 9~-33~ / "'" ~ (407) 951-3741 Mr. Bruce Cooper Director of Community Development City of Sebastian 1225 Main Street Sebastian, Florida 32958 M: Proposed Ordinance Concerning Special Use Permits Our File No: 88-2495 Dear Bruce: I reviewed the proposed language you have forwarded to me concerning revisions to Section 20A-2.6 of the Land Development Code involving special use permits. In response thereto, I would recommend that the following language be used for the revised Subsection D: "~. Planning and Zoning Commission Review. Prior to the City Council considering an application for a special use permit, the Planning Zoning Commission shall hold a public hearing to review and consider the application for a special use permit. After the public hearing, the Planning and Zoning Commission shall submit a written report to the City Council setting forth its recommendation concerning the proposed special use permit and shall indicate whether, in the opinion of the Planning and Zoning Commission, the proposed use meets the required findings of fact set forth in Subsection B of this Section 20A-2.6." If you have any questions concerning the language set forth herein, please let me know. bd Very truly yours, FRESE,~/& TORPY, Char l(s ~an~ash City Attorney Poa, City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE: TO: FROM: MEMORANDUM August 17, 1993 Kathryn M. O'Halloran, CMC/AAE City Clerk/Acting City Manager Sally A. Maio~ Deputy City Clerk RE: Amendment to Special Use Permit Procedures The Director of Community Development has placed an item on the August 25, 1993 agenda, at the direction of City Council, to amend language in Section 20A-2.6 of the Land Development Code requiring Planning and Zoning review and public hearing prior to City Council action on special use permits. Special use permits have historically been approved by resolution, except in one case in 1986, although there is no language that requires a resolution. To alleviate any confusion as to the proper procedure to approve special use permits, it is my suggestion, that while we are amending laqguage, City Council also add language, if it is deemed appr0~riate by the City Attorney, to require that all special use permits be issued by resolution. sam cc: Director of Community Development CiO, of Sebastian 1225 Main Street [] SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 [.~ FAX (407) 589-5570 SUBJECT: REPORT REGARDING FIRST UNION'S INTENT TO FORECLOSE ON CARL JULIAN'S PROPERTY KNOWN AS ST. SEBASTIAN P.U.D. Approval for Submittal By: 3295[~ ) Agenda Number: ) ) Dept. Origin: community Developm_ent ) ) Date Submitted: 8/19/93 ) ) For Agenda Of: 8/25/93 ) ) Exhibits: ) 1. ) 2. Excerpts from Resolution R-90-18 Map with sketch EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMM~RY STATEMENT The City of Sebastian approved Resolution R-90-18 regarding the realignment of Main Street and Gibson Street extension which, also included the City of Sebastian obtaining a second mortgage ($135,000.00) on Carl Julian's property for certain improvements. First Union, which holds the first mortgage on the St. Sebastian P.U.D. property (currently owned by Carl Julian), has notified the City of Sebastian of their intent to foreclose on the property. The bank has indicated to City staff, its willingness to satisfy our second mortgage, which is subordinate to First Union's first mortgage, by transferring property for Gibson Street right-of-way. Based on my understanding with Charlie Nash's opinion, if the City was not to pursue obtaining this right-of-way as a trade off for the isecond mortgage of $135,000.00, the bank would foreclose on the property and the City of Sebastian would lose its second mortgage and obtain nothing. The traffic circulation study prepared by Kimley-Horn & Associates, has Iidentified this road right-of-way as a necessity for the long range traffic circulation of the City of Sebastian, as a parallel relief of U.S. #1. City staff has sketched a conceptual plan indicating the proposed alignment of Gibson Street right-of-way, which would bypass the current County enclave adjacent to this property. Although the alignment of Gibson Street right-of- way would be more practical utilizing the property of the County enclave, staff would suggest that we obtain a 100 ft. right-of-way from the bank, that would guarantee at this time, a connection between Main Street and the existing Gibson Street. Page 2 First Union would require the City of Sebastian to pay all expenses such as surveys and any other associated paperwork that would be required to transfer ownership of this property to the City of Sebastian. I have talked to Rod Reed with Masteller, Moler & Reed concerning the surveying of this property which, he has already done extensive research for Mr. Julian. He has indicated that he can perform the necessary surveying, at a cost not to exceed $800.00. I am unable to contact Charlie Nash at this time, to find out what other associated costs would be involved in this but, Mr. Nash will be able to advise you verbally at the meeting. RECOMMENDED ACTION Move to approve staff to proceed in preparing the necessary documents to obtain a 100 ft. right-of-way from First Union for Gibson Street extension. RESOLUTION NO. R-90-18 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT FOR EXCHANGE OF REAL PROPERTY WITH CARL JULIAN, INDIVIDUALLY AND AS TRUSTEE, ROGER M. SKILLMAN AND WAUNETA B. SKILLMAN, PERTAINING TO THE EXCHANGE OF CERTAIN PARCELS OF REAL PROPERTY LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FOR MUNICIPAL PURPOSES OF DIRECT BENEFIT TO THE CITIZENS OF THE CITY AND SUCH OTHER DOCUMENTS, DEEDS, PLATS AND CLOSING STATEMENTS NECESSARY TO EFFECTUATE AND CONSUMMATE THE AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Carl Julian, individually and as Trustee, is the owner of certain real Dropert¥ located in Sebastian, Indian River County, Florida; and WHEREAS, Roger M. Skillman and Wauneta B. Skillman, as husband and wife, are the owners of certain real property located in Sebastian, Indian River County, Florida; and WHEREAS, Carl Julian, individually and as Trustee, and Roger M. Skillman and Wauneta B. Skillman, as husband and wife, are desirous of exchanging certain parcels of real property among themselves and with the city of Sebastian for certain municipal purposes~ and WHEREAS, the City Council of the City of Sebastian, after reviewing the proposed Agreement for Exchange of Real Property and engaging in deliberations has determined that it would be in the best interest of the City of Sebastian and its citizens, and in furtherance of a valid municipal purpose, for the City of Sebastian to enter into the proposed Agreement for Exchange of Julian shall not suffer any liens or ®n~umbrances to attach to or affect in any manner the real property identified on Exhibit attached hereto and by this reference incorporated herein, and the owner policy of title insurance delivered to the City pursuant to this Subparagraph 5a shall be updated at Julian's expense through the date of recording to reflect that there are no liens or other encumbrances with respect to the real property described in Exhibit "H" being conveyed by Julian to the City through and including the date of recording of the general warranty deed. b. Julian agrees to and shall reimburse the City the sum of Thirty-five Thousand and 00/100 Dollars ($35,000.00) towards the cost of construction of the construction of Gibson Street north from Main Street to the north boundary of the real property currently owned by the City that is located east of the location where Gibson Street shall be constructed, including the cost of the project, costs for relocating any water or sewer mains or lines and constructing any drainage systems, the costs of relocating any other public utilities, and the cost of designing and constructing deceleration and turning lanes on Main Street to be used in conjunct/on with the intersection of Main Street and Gibson Street, such cost to include all preliminary costs, surveying fees, engineering fees, labor expense, construction materials, equipment rentals, equipment maintenance and repairs, legal fees, and recording costs, at the time any one (1) of the following events occur: Julian or any transferee commences any 12 4. Preliminary Cost Estimates for Main Street. a. Prior to the execution of this Agreement, the City had engaged the services of a Florida licensed professional engineer for the purpose of performing a preliminary engineering and cost evaluation study to determine an estimate of the cost to construct the alignment of Main Street from what was formerly the western entrance of a certain platted Right-of-Way known as Yucca Court (which has since been abandoned pursuant to Ordinance 0-85- 13), to the western boundary of the property where the city hall for the City is currently located. The cost estimate includes all surveying, engineering and legal expenses which have been incurred by the City with respect to the construction of the alignment of Main Street. b. Julian agrees to and shall reimburse the City the sum of One Hundred Thousand and 00/100 Dollars ($100,000.00) towards the cost of construction of the alignment of Main Street, including the cost of the project, costs for reloc~ting any water or sewer mains or lines and constructing any drainage systems, and the costs of relocating any other public utilities, such cost to include all preliminary costs, surveying fees, engineering fees, labor expense, construction materials, equipment rentals, equipment maintenance and repairs, legal fees, and recording costs, at the time any one (1) of the following events occur: i. Julian or any transferee commences any infrastructure improvements on the real property owned by the 8 FIRE STA'IION (#~,,o u.s. 8 CL CG. COR SCHOOL PARK RM City of Sebastian 1225 Main Street [] SEBASTIAN, FLORIDA TiSLEPHONE (407) 589-5330 r,'J FAX (407) 589-5570 3295I:~ SUBJECT: SET PUBLIC HEARING ON SPECIAL USE PERMIT FOR RICHARD FEY Approval for Submittal By: City Manager Agenda Number: Dept. Origin: Community Development Date Submitted: 8/19/93 For Agenda Of: 8/25/93 Exhibits: 1. Application for Special Use Permit EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Richard Fey is requesting a special use permit from the City Council to permit a mulching facility for landclearing debris located on Old Dixie Highway, which is zoned Industrial. At this time, I would request that City Council set the public hearing pursuant to Section 20A-2.6(D) of the Land Development Code in order for you to consider his application. I have notified Richard Fey that, since staff has no backup information at this time, Mr. Fey will have to pay any additional advertising costs the City may incur, if rescheduling of the public hearing is necessary due to his failure to perform. Mr. Fey has indicated all pertinent information will be submitted by September 13, 1993. RECOMMENDED AC~.!.ON Move to set the public hearing for Richard Fey's special use permit on September 22, 1993. ~' " CK ~7~ tn ~n~ ~l~trl,t for ~ u~, ~hl~h 1~ not provld~'~or · onln~ r~ul~tton~. ~11 ~u~h u~ ~h~ll not b~ oth~r~8~,}~', ..... i" ' ill~.t, ~nd ~h~ll not b~ ~p~elfte~ll~ prohibited The City Council shall not grant any special use permit under ~his section un[ess it shall make findin~; based upon the evider~ce p~esented ~o Il In each case tha[; 1) The gtantin9 of 2he permit ~ill not be detrimental public salary, health ct weZ[a;e o~ be injurious to other p~opetties o; improvements ~ithin the lmmeBlate vicinity in which ~he ptoper2y is loeateB; and 2) The use ~equeste~ is consis~en~ ~i~h the pu;pose an~ [n[en[ o~ [he respec[ive ~ts~ric~ an~ can be ~emons~a[~ [o be similar Jn nature and oompa~tble ~i[h [he uses alloyed in such dis[ric~. Th~ ~ee ~o~ a special use per~l[ is $[50 (es[ablish~ by ~esolu~ion No. R-98-09), In addition [he app[ican[ mus~ provide ~he City Clerk's offtoe vi[h a Iisi oE [he surzoun61ng prope~y o~ners vi~hin a 200' radius o~ ~he sub~ee~ p~oper~y along ~he app~opria[e cer[ifi~ te~urn ~eceip~ ~ailin9 fee (ou~ren~ly $2.29 for U.$, aailing)~ P C~NT. P 0 BOX 0936 ROSE~ ~ 32 ADDRESS OF A P~l . · · . 9)7 · APPLXCANT P~ONE {~ 407 388 27~7 ADDRESS OF SUBJ~T PROPEE~ O~ D[~I.~..~ .SESASTI~ ~ 32958 [,EGm, DESCRIPTION OF SUgJECT PROP~R~ SE~ A~ACHED I~USTRIAL ZONING OF SUBJECT PROPER~~ REASON FOR REOU~ST FOR SPECI~ USE PE~IT~ WAS NOTIFIED BY BUI~ING OFFICIAL ~T ~ERE .~. NO ZONING C~SSIFIC~[ON FOR ~LC~INC TIlE BUi~ ~DITION~ BACKUP INFO~ATiON FO~ CERTAIN ~QUESTS b:specuse.app I~oo1 I 05/1~/9~ 1~:~0 . '~'904 7~$ 4302 I~,IL BOXES ETC. P.3 TO W~O~ IT ~Y CON~E~ ~ agen=~ for our property l~ated on Old Dixie Hlghwa~ in Sebastian, ourrentl2 ~oned "lndua~ial~. ,, ~ N ~3~14' E~ 240,28 f~ al~ ~ ~ 1~ of ~ ~~ 1/4 0Id D~e WaY ~ ~t 1/4 (~~=) of az~ J~ ,. _ ., ..... , ~~..~ ~,.., ........ ~., ............ ~ .... IT~T& La)L'NTY OF b~,fv. ~lfN[ll .~ '~ ~ .. ~ '. ~', .,.~,., ' ~.F"'"' i I I JO DORI~ ?LATT, nn unr~marr~od w~dow TONY H, DE CRISTOFARO ~nd LISA GAYLE DE ~R~STOFARO~ h~ wife A ~tcll o~ lmn~ belng the South One-Quarter tX/4). GE the . Northwest One-Quarter C1/4), O~ tho Northea)t ~ne-QuaTtet o~ Section 7, To.ship 31 South, Range 3~ El~t, ~nd also, )e~inniR~ at the Southwest corner of Government LOt 1, Of Section ~, To. ship ~1 South. Ranee 39 Bast, run North [eet algal the west line Of said 0overnment Lot Ii thence, due Bast on a line ~arallel :o the 8outh line of said Government · Lot 1, to the R~ght-of-Way Of the ~lor~da ~ast Coast Railway: thence, in a $outherly direction atone said Right-of-~'ay to the South line Of Government ~ot,~ tn Section 7, To~nmh~p ~1 South, Range 39 Bast; thence, West to the Po~i~t,-o~-Be~nning; except that part of said Government Lot 2 used aS Rte.ht-of-W'ay for public highway, also le~s and except the ~o110wln~ parcel land, beln~ ogre particular~y demcrtbed as follows~, ~ARCB~ 2) The East ~00,00 Beet thereoE as measured perpendicular ~~emt Right-of-liay line of the Old O~xte ~i~hwa~t ~.atd East 300.00 ~eet being West o~ and coincident wlth Sald west Right-of-Way line of the Old Dixie Highway., INDIAN RIVER COUNTY ~ITY LIMITS ~STIAN HIGHLANDS I