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Home My WebLink About10111995 City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 AGENDA SEBASTIAN CITY, COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 11, 1995 - 7:00 P.M. CITY couNcIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CiTY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting- limit often minutes per speaker (R-95-33) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Jim Wingate - Cornerstone Baptist Fellowship, Sebastian 4. ROLL CALL 95.168 PG 1 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS). Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation - National Wildlife Refuge Week - October 8 - 14, 1995 - Accepted by Paul Tritiak, Pelican Island Refuge Manager PUBLIC HEARING. FINAL ACTiON The normal order of busmess for public hearings (R-95-33) is as follows: Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public Input Staff Summation Mayor Closes Hearing Council Action 95.115 PGS 3-17 Please note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing City Council. ORDINANCE NO. 0-95-21 - Temporary Use Permit (Director of Community Development Transmittal 0-95-21, R-95-36, R-95-54) 95.158 PGS 19-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE TO PROVIDE FOR TEMPORARY USE PERMITS; PROVIDING DEFINITIONS; ESTABLISHING CRITERIA FOR ISSUANCE OF TEMPORARY USE PERMITS; ESTABLISHING APPLICATION PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/13/95, Advertised 9/19/95, 1st Hearing 9/27/95, Advertised 10/4/95, 2nd Hearing 10/11/95) ORDINANCE NO. 0-95-2.4. - Changing Permitted Use in CG Zoning - Temporary Use Permits (Director of Community Development Transmittal 10/4/95, 0-95-24) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A- 3.10.B OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, TO PERMIT COMMERCIAL AMUSEMENTS (TEMPORARY) IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/13/95, Advertised 9/19/95, 1st Hearing 9/27/95, Advertised 10/4/95, 2nd Hearing 10/11/95) 2 i~.ONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. PGS 23-62 A. 95.169 B. PGS 63-67 95.170 C. PGS 69-7O 95.171 D. PGS 71-72 95.172 E. PGS 73-74 10. Approval of Minutes - 9/20/95 Special Meeting, 9/27/95 Regular Meeting, 10/4/95 Workshop, ~~v~,. 10/4/95 Special Meeting Vice Mayor Corum - Approve Expenses for Attendance at Communications Skills for Women Seminar - 11/9/95 (City Clerk Transmittal 10/4/95, Seminar Info) Bid Waiver - Community Development - MITA 5685 Copier - Lease/Purchase - EGP, Inc. - $359.00 Per Month (Director of Community Development Transmittal 10/5/95, ) Bid Waiver - City Clerk Laptop Computer - Not to Exceed $3,000.00 (City Clerk Transmittal 10/5/95, Proposal List) Welcome Wagon Alumnae Club - Request Use of Community Center - Halloween Party - 10/28/95 - 7 pm to 11 pm - A/B - Security Pd. - Permittee DOB Jean Brillhart 6/36 (City Clerk Transmittal 9/28/95, Application) PRESENTATIONS - None COMMITTEE REPORTS/RECOMMENDATIONS PGS 75-88 A. 95.173 95.174 CONSTRUCTION BOARD (Director of Community Development Transmittal 9/20/95, Four Applications) Interview Applicants and Appoint to Regular Concerned Citizen Position - Unexpired Term to Expire 9/30/97 - Board Recommends Michael Herbig Interview Applicants and Appoint to the Alternate Concerned Citizen Position - Term to Expire 9/30/98 - Board Recommends Harold D. Smith 95.175 PGS 89-91 11. B. PLANNING AND ZONING COMMISSION 1. Recommendation - Riveffront Task Force (P & Z Memo 10/3/95, Minutes Excerpt) OLD BUSINESS - None 12. NEW BUSINESS 95.164/ 94.208 PGS 93-124 RESOLUTION NO. R-95-58 - Brian E. Barry Airport Lease (City Manager Transmittal, R-95-58, Lease, Tabled from 9/27/95) Motion Required to Remove from Table A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND BRIAN E. BAKKY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVEKABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 95.084 B. PGS 125-134 ORDINANCE NO. 0-95-16 - Sebastian Christian Church - Tract F - Unit 17 - Sebastian Highlands (Director of Community Development Transmittal 10/4/95, O-95-16, Application, P & Z Recommendation, Map) 1st Reading, Set Public Hearing (Quasi-Judicial)for 11/1/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY DESCRIBED AS TRACT F, SEBASTIAN HIGHLANDS UNIT 17 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 46, FROM PS (PUBLIC SERVICE) TO RS-10 (SINGLE FAMILY RESIDENTIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING AN EFFECTIVE DATE. 4 95.092 C. PGS 135-144 ORDINANCE NO. O-95-18 - Carl Fischer - Old Dixie and U.S. Rezoning (Director of Community Development Transmittal 10/5/95, O-95-18, Application, P & Z Memo 4/21/95, Map) 1st Reading, Set Public Hearing (Quasi-Judicia0 for 11/1/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF .584 ACRES, MORE OR LESS, LYING WEST OF U.S. HIGHWAY 1 AND SOUTH OF OLD DIXIE HIGHWAY, FROM COR (COMMERCIAL OFFICE RESIDENTIAL) TO CL (COMMERCIAL LIMITED); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 95.176/ D. 90.087 PGS 145-147 Request for Eighteen Month Time Extension - Fischer Island Subdivision Preliminary Plat (Director of Community Development Transmittal 10/5/95, Application) 95.177/ E. 89.231 PGS 149-151 Request for Eighteen Time Extension Request - San Sebastian Springs West Subdivision Preliminary Plat (Director of Community Development Transmittal 10/5/95, Application) 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker 14. CITY COUNCIL MATTERS A. Mrs. Norma Damp B. Mr. Raymond Halloran C. Mayor Arthur Firfion D. Vice Mayor Carolyn Corem E. Mrs. Louise Cartwright 15. CITY ATTORNEY.MATTERS 16. CITY MANAGER iMATTERS 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 rHAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WTYICH RECORD INCLUDES THE TESTIMONY AND EVTDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0~05 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT .589-5330 AT LEAST 48 HO URS IN AD VANCE OF THIS MEETING. WHEFIEAS, in 1903, President "Teddy" Roosevelt declared Peliccm Island to be the Nation's first Wildlife Refuge; and WHEREAS, the City of Sebastictn, Florida is the home of Pelican Island National Wildlife Refuge; and WHEREAS, the Nationcfl Wildlife Refuge System has grown from one tiny 3-acre island to ever 500 refuges encompassing over 92 million acres; and WHEREAS, the Natloncd Wildlife Refuge System, managed by the U. S. Fish and Wildlife Service, is the world's Ictrgest and most diverse assemblage of lands set aside for wildlife; and WHEREAS, the U. S. Fish and Wildlife Service has initiated cm awareness campaign called "100 by 100", with the goal attol.ning 100 % public recognition of the National Wildlife Refuge Syslem by the 100lb annlversa~"y; and WHEREAS, the City of Sebastian desires a 100% recognition o[ Sebastian, Florida as the Birthplace of the Refuge System; ctnd WI:IERF2kS, the U. S. Fish m~d Wildlife Service has proclcfi~ned the week o[ Oclober 8-14 as "National Wildlife Refuge Week"; and WHEREAS, on October 14, 1995, Merrltt Island National Wildlile Fle[uge, the administrative headquarters [or Peliccm Island NalJonal Wildlife ISle[uae, will host the Southeos! Region's celebration of "National Wildlife Refuge Week"; NOW, THEREFORE, I, Arthur L. Hrtion, Mayor of the City o[ Sebastian, Florida, by virtue of the authorily vested in me as Mayor of the City of Sebastian, Florida, do hereby proclcfim October 14, 1995 as National Wildlife Refuge Awareness Day and urge all residents to pctrticipate in the events and show their support as citizens of the home oi the first national wildlile refuge. IN WITNESS WHEREOF, I have hereunto set my hcmd and affixed the seal of the City of Sebastian, lndlcm River County, Florida this 11 th day of October, 1995. ATI'EST: Arlhur I,. Firtion, Mayor Kalhryn M. O'Hctllorcrn, City Clerk City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: SECOND PUBLIC HEARING ON ORDINANCE 0-95-21 REGARDING TEMPORARY USE PERMITS Approved For Submittal By: City Manage~~ Agenda Number: Dept. Origin: Community Development Date Submitted: 10/04/95 (B~ For Agenda Of: 10/11/95 Exhibits: 1. Ordinance 0-95-21 2. Resolution R-95-36 3. Resolution R-95-54 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At a special meeting on June 21, 1995, City Council adopted Resolution R-95-36 establishing a policy for issuance of temporary use permits with a ninety day expiration date, and directed staff to come back with an ordinance establishing a permanent policy. At the regular meeting of September, 13, 1995, City Council approved the first reading of Ordinance 0-95-21 along with corrections and set the first public hearing for September 27, 1995. Resolution R-95-54 was also approved to extend the interim policy (R-95-36) for an additional 30 days. At the regular meeting of September 27, 1995, City Council held the first public hearing on Ordinance 0-95-21 and set the second public hearing for October 11, 1995. Ordinance 0-95-21, with corrections as suggested by the City Attorney, is attached for your review. The change involved moving a paragraph from Section 2 to Section 5, RECOMMENDED ACTION Hold second public hearing on Ordinance 0-95-21. 0-95-21. Move to adopt Ordinance ORDINANCE 0-95-21 AN ORDINANCE CITY OF SEBASTIAN, FLORIDA, LAND DEVELOPMENT CODE TO TEMPORARY USE PERMITS; DEFINITIONS; ESTABLISHING ISSUANCE OF TEMPORARY ESTABLISHING APPLICATION PROVIDING FOR SEVERABiLITY; OF THE CITY COUNCIL OF THE AMENDING THE PROVIDE FOR PROVIDING CRITERIA FOR USE PERMITS; PROCEDURES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has received various requests for temporary use permits; and WHEREAS, the City of Sebastian has adopted Resolution R-95-36 establishing a temporary use permit policy which will expire September 19, 1995 and which has been extended 30 days by Resolution R-95-54; and WHEREAS, the City Council deems it to be in the best interests of the health, safety, and general welfare of the community to regulate these types of uses by establishing a policy in the City of Sebastian Land Development Code for issuance of temporary use permits. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: SECTION 1. DEFINITIONS. The following words and phrases, when used in this article, shall have the meanings respectively ascribed in them in this section: Host Site: The parcel of land upon which the temporary use or special event is conducted. Temporary Use: A use established for a fixed period of time with the intent, to discontinue such use upon expiration of the time period. Transient Merchant: Any person or business entity that ngages in the temporary sale of any merchandise not within an enclosed structure. The following will not be considered to be transient merchants: Any merchants within enclosed structures who temporarily display their merchandise outside of the structure on their premises provided the display does not delete any required parking. Any merchants who have received site plan approval from the Planning and Zoning Commission who make no use of the site other than that approved by the Commission. Special Events: The temporary use of facilities, parking areas, and other open space for a special event by owner, non-owner, religious organizations, recreational/ entertainment or local civic organizations. Special events may include circuses, carnivals, festivals, fairs, special exhibitions, concerts, church revivals and other'similar activities. SECTION 2. CRITERIA. A temporary use shall be allowed for transient merchants and special events upon issuance of a Temporary Use Permit by the City Manager or his designee, based upon compliance with all applicable regulations of this chapter and other City regulations. A Temporary Use Permit will be issued if the following requirements and standards are met: The activity must be a permitted or conditional use within the zoning district. Only temporary pavilions may be erected and utilized for the operation. Ail facilities used shall be self-contained and mobile or portable. No mobile homes or trailers that exceed 200 sq. feet in area may be utilized. All temporary facilities designed to be occupied by the public must be inspected by the Fire Department after installation, and prior to occupancy. No utility connection shall be permitted except for temporary electrical power which must be approved by the Building Department. Prior to the issuance of any permit, a cash bond in the amount of $200 shall be submitted to the City. Within seven (7) days after a temporary use permit expiration, all items related to the operation or event shall be removed from the site. The City may use the entire amount of submitted funds to pay for disposal of all related items remaining on the site seven (7) days after permit expiration. Upon vacating and cleaning up a site, an applicant may request, in writing, to the Community Development Department for return of the submitted funds. Permit applicants will be refunded the submitted cash bond amount if: 1) the City has not used the funds under the conditions described above; and 2) the site is inspected by the City, it is verified that the site has been cleaned up, and all temporary use items have been removed. In cases where the City has used the $2'00 cash bond for site cleanup, no subsequent temporary use permits shall be issued to the same applicant whose vacated operation caused cash bond default and resultant clean-up by the City. 5. Holders of temporary use permits for an activity shall not be required to obtain an occupational license for that activity. 6. No temporary use shall operate within a public right-of-way. No operation within an easement shall be permitted unless specifically allowed by all parties having interest in such easement. 7. unimproved lots within industrial or commercial districts may be utilized if, in the opinion of the City Manager and his support staff, the temporary use will not be detrimental to the health, safety and general welfare of the public. 8. A maximum of 30% of the required parking stalls of the host site may be utilized by the temporary use. This percentage may be increased based on satisfactory documentation indicating additional parking and/or transportation needs have been provided for the total impact of the proposed event. 9. Food concessions may be permitted as accessory to the temporary use. The applicant must obtain a temporary license from the Department of Business Regulations for the proposed concession facilities. 10. 11. 12. Temporary toilet facilities may be required by the applicant depending on location and size of the event. Amount will be determined by the Building Official based on estimation of attendance of the event. Applicant must provide, at his own expense, additional and/or special crowd control and security if determined necessary by the Police Chief based on the size of the event. Prior to City Manager review, approval must be obtained from the Police Chief and the Director of Community Development. Approval or denial shall be based on items 1 through 11 above and consideration shall be reviewed on the total magnitude of impact that may be detrimental to the health, safety and general welfare of the community. SECTION 3. TIME LIMITS. Transient merchants of any seasonal sales merchandise such as Christmas tree and firework sales or other similar uses shall be in operation not more than forty-five (45) consecutive days per sale/event on any given site. Transient merchants of any non-seasonal sales merchandise shall be in operation not more than ten (10) consecutive days per sale/event on any given site. Special events and special vehicle and boat sale events shall be in operation not more than seven (7) consecutive days per sale/event on any given site. SECTION 4. APPLICATION. Temporary Use Permits shall be obtained by furnishing a completed application for such permit to the Community Development Department. The following information as applicable shall be provided: Application to be made by the owner or lessee of the host site. Location of site and the specific location for the requested use. 3. Beginning and ending dates of the event, 4. Hours of operation of the event. 5. Name of individual in charge of the event. 10. 11. After hours emergency phone number for person responsible for event. 12. 13. A drawing showing dimensions or existing site plan for the host site including location and dimensions of all existing driveways, entrances, exits, and parking spaces. A drawing depicting location and dimensions of all temporary pavilions, displays areas, sanitary facilities, and concessions for the temporary use. Indicate how parking and traffic flow will be directed on to and within the event site. Estimation of maximum peak hour attendance of the event to determine sanitary needs, parking and traffic impact. If existing parking spaces of a permanent use (such as a shopping plaza) are to be utilized by patrons and employees of the temporary use event, calculations shall be submitted demonstrating that the event will not utilize more than 30% of the required parking stalls of the existing host site. If usage does exceed 30%, documentation indicating additional parking and/or transportation arrangements must be provided for the total impact of the proposed event. Location and dimensions of all signs to be used. Ail applications must be made on the form prescribed by the City Manager and submitted no later than 30 days prior to the scheduled event. The application fee shall be $25.00 and the permit fee shall be $100.00. A copy of the application and all supporting documents will be forwarded to the Police Chief by the Director of Community Development for review and comments. All comments and recommendations will then be attached to the application and forwarded to the City Manager or his designee for approval or denial. The application, with all the supporting documents, will be reviewed by the City Manager, or his designee. Pursuant to Section 2, Item 4, if approved by the City Manager, applicant will post the $200 cash bond prior to the issuance of 'the Temporary Use Permit. If denied, applicant will be notified, along with the reasons for denial. The Police Department and the Fire Department will be notified of all approved requests for temporary use permits. SECTION 5. SIGNS. Ail signs being utilized on site must conform to the City sign regulations as outlined in the Land Development Code, and must be removed upon expiration of the Temporary Use Permit or upon vacation of the site. Activities or special events for which a Temporary Use Permit has been obtained shall not be counted toward the three events maximum per year as provided in Section 20A-15.5(F)l. SECTION 6. CONFLICTS. Ail other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phase in order to accomplish such intention. SECTION 8. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. SECTION 9. EFFECTIVE DATE. effective immediately. This Ordinance shall become PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1995. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF , 1995. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1995. CITY OF SEBASTIAN, FLORIDA ATTEST: by: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney RESOLUTION NO. R-95-36 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, ESTABLISHING A TEMPORARY USE PERMIT (TUP) POLICY; ESTABLISHING CRiTERIA FOR ISSUANCE OF TEMPORARY USE PERMITS; PROVIDING FOR AN APPLICATION FEE AND PERMIT FEE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND 'PROVIDING FOR AN EFFECTIVE DATE. WltEREAS, the City of Sebastian has received various requests for temporary use permits; and WttEREAS, the City of Sebastian does not have an established policy for issuance of temporary use permitsl and WHEREAS, the City Council deems it to be in the best interest of the City to regulate these types of uses by establishing a policy for issuance of temporary use permits. NOW, TltEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TItE CITY OF SEBASTIAN; INDIAN RIVER COUNTY, FLORIDA, as follows: TEMPORARY USE PERMITS. The temporary use of facilities, parking areas, and other open space by non-owner, transient merchants, religious organizations, recreational or local civic organizations is author/zed only after obtaining a Temporaw Use Permit (TUP) from the City Manager or his designee, and subject to the following restrictions. (1) Application for a TUP shall be made by the owner or lessee of the host site. The application shall include the following: (a) Location of the site and the specific location for the requested use. (b) Type of activity. (c) Beginning and ending dates, hours of operation and .name of individual in charge. (d) Number of food or beverage concession stands and copies of permits from Indian River County and the State of Flor/da, if required. (e) All temporary signs must conform to the City of Sebastian sign regulations. (f) No activities or operations are to be conducted on or within public street or drainage right-of-way. (g) A maximum of 20% of the required parking stalls of the host site may be utilized for the activity or event. (h) No permanent structures may be utilized. Only temporary pavilions, mobile or portable facilities may be utilized. Any mobile homes or trailers may not exceed 200 square feet in area; (i) No utility connection shall be permitted except for temporary electrical power approved by the Building Department. (j) All events shall have a duration of fourteen (14) or fewer consecutive days. (k) within seven (7) days of temporary use permit expiration, all items related to transient merchant operation shall be removed from the site. All applications must be made on the form prescribed by the City Manager and submitted ten (10) days prior to the scheduled event. The application fee shall be $25.00 and the permit fee shall be $100. A copy of the approved request shall be provided to the Police Department and Fire Department by the City Manager. SECTION 2. CONFLICT. All resolutions or parts of resolutions m conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that ,-my part of tiffs Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presmned 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. ~ EFFECTIVE DATE. This Policy Resolution shall take effect immediately upon its adoption and will be effective for a period not to exceed ninety days fi:om the date of adoption. The foregoing Resolution was ~noved for adoption by Councilmember ~g,'Ld.A,~ The motion was seconded by Councilmember / ~,O7~v'),,i~/x,/'~ and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corem Councilmember Louise Cartwright Councilmember N°rma Damp Councilmember Raymond Halloran 3 The Mayor thereupon declared this Resolution duly passed and adopted tiffs / day of ~N..J~C,q~- ., 1995. CiTY OF SEBASTIAN By:~ ~~ ffa'thur L. Firfion, Mayor ATTEST: i{athryn M~. O'Halloran, CMC/AAE City Clerk (SEAt) Approved as to Form and Content: ~lifton A. McClelland, Jr., City Attorney 4 RESOLUTION NO. R-95-54 A RESOLUTION OF T~E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, EXTENDING T~E EFFECTIVE DATE OF T~E TEMPORARY USE PERMIT POLICY AS ESTABLISHED IN RESOLUTION NO. R-95-36; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN CONFLICT ~EREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of City of Sebastian adopted Resolution No. R-95-36 establishing a Temporary Use Permit Policy on June 21,. 1995 to be effective immediately and for a period not to exceed ninety days; and WHEREAS, Resolution R-95-36 will expire before the City Council can adopt Ordinance 0-95-21 regarding Temporary Use Permits; and WHEREAS, the City Council deems it to be in the best interest of the City to extend Resolution R-95-36 for an additional 30 days to continue the Temporary Use Permit Policy until such.time as Ordinance 0-95-21 can be adopted. NOW, T~EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T~E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. EXTENSION. The portion of Resolution R-95-36 regarding the effective date (Section 4), is amended to extend the effective period for an additional 3(] days. SECTION 2. CONFLICT. All resolutions or parts or_' /..~...'.~ resolutions in conflict herewith are hereby repealed. ~' SECTION 3. SEVE,BILITY. Ir, ,the event a ,:ourt "t~ ~ ' '- ~..~ "::r, . . I competent jurisdiction shall hold or determine that; any part ' ' I of this Resolution is invalid or mncons~itutional, the shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or I unconstitutional provision. It shall further be assumed I that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional I e]~%~bY££ecu- causing said remainder to remain in full s~c~','oN 4. ~.~c~v~ o~. ~his ~oliov ~esol~t~o~ ~ shall ta~e effect September 19, 1995 and will be effective I for a period not to exceed thirty ,~ays. The foregoingz~R, esolution was moved for adoption by I Councilmember ~.[[~L'~,;~' . The motion was seconded by Councilmember k~j/3~L~2~/~\ and, upon I being put into a vote, the vote was as follows: ~ I Mayor Arthur L. Firtion ~g,~.~,~., I Vice Mayor Carolyn Corum ['~2~:~ Councilmember Norma J. Damp d'~/~~' Councilmember Ray Halloran ~ ~)',//,.' ii~ Councilmember Louise R. Cartwright ~:---~,~:_ i~ I The Mayor thereupon declared~ ~is Ordinance duly passed I and adopted this /~'~--/~ day of ~~/~ , 1995. DY ~../v~ '--v' ,--- ~.--'~ ....... 2 ~ i~rthu~ L. Firtion, Mayor , ! ATTEST: '. · c~', Kathryn ~. O~Hallo~an. CMC/~AE City Clerk (Seal) Approved as to Form and Content: ~ ~. ~o-_<.i, Clifton A. McClelland, Jr. City Attorney City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 s FAX (407) 589-5570 SUBJECT: SECOND PUBLIC HEARING ON ORDINANCE 0-95-24 REGARDING COMMERCIAL AMUSEMENTS (TEMPORARY) Approved For Submittal By: City Manager Agenda Number: ~,/~ Dept. Origin: Commu..nity Development Date Submitted: For Agenda Of: Exhibits: 1. 10/04/95 10/11/95 Ordinance 0-95-24 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the regular meeting of September 13, 1995, City Council approved the first reading of Ordinance 0-95-24. At the regular meeting of September 27, 1995, City Council conducted the first public hearing for this ordinance and scheduled the second public hearing for October 11, 1995. The proposed change will allow "commercial amusement, temporary" in the Commercial General zoning district. This coincides with Ordinance 0-95-21 regarding special events such as a concert. RECOMMENDED ACTION Hold second public hearing on Ordinance 0-95-24. 0-95-24. Move to adopt Ordinance ORDINANCE NO. 0-95-24 AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A-3.10.B OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; TO PERMIT COMMERCIAL AMUSEMENTS (TEMPORARY) IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT; PROVIDING FOR SEVERAHILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 20A-12.2 of the Sebastian Land Development Code provides for a definition of "Commercial amusement, temporary"; and WHEREAS, no zoning district in the Sebastian Land Development Code provides for "Commercial amusement, temporary" as a permitted or conditional use; and WHEREAS, the City Council of the City of Sebastian, finds that it would be in the best interest of the City to permit "Commercial amusement, temporary" in the General Commercial (CG) zoning district; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interest of the health, safety, and general welfare of the community to so amend the Code of Ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, T~AT: Section 1. The Code of Ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code is by amended by changing Section 20A-3.10.B to read as OWS: B. Permitted Uses. In this district, as a permitted, a building or premises may be used for only the below stated uses. All applicable provisions of this code shall be satisfied, including site plan review and performance criteria. Permitted uses: Cultural or civic activities, places of worship, public or private not-for-profit clubs, business and professional offices, general retail sales and services (including antique shops, consignment shops and secondhand stores), limited commercial activities, parking garages, plant nurseries, restaurants (excluding drive-ins), trade and skilled services, transient quarters, vehicular sales and related services, retail gasoline sales, medical services, commercial amusements (temporary), and accessory uses. Section 2. Conflicts. Ail other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 3. Codification. it is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phase in order to accomplish such intention. Section 4. Severability. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. Effective Date. effective immediately. This Ordinance shall become PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1995. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF , 1995. The foregoing Ordinance was moved for adoption by Councilmember . The moti6n was seconded by Councilmember being put into a vote, the vote was as follows: and, upon Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1995. CITY OF SEBASTIAN, FLORIDA ATTEST: by: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. Attorney City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, SEPTEMBER 20, 1995 - 7:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA PURPOSE: 1) Water and Wastewater Purchase and Sale Matters 2) 1995/96 Fiscal Year Final Budget Hearings 3) Golf Course Rates Public Hearing 1. Mayor Firtion called the Special Meeting to order at 7:30 p.m. 2. The Pledge of Allegiance was recited. City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwri~t Mrs. Norma Damp Mr. Raymond Halloran City Manager, Joel Koford City Attorney, Clifton McClelland, Jr. City Clerk, Kathryn O'Halloran Finance Director, Joel Haniford Chief of Police, Earl Petty Airport Manager, John Van Antwerp Director of Community Development, Brace Cooper Public Works Director, Richard Votapka Human Resources Director, Wendy Widmann Deputy City Clerk, Sally Maio Special City Council Meeting September 20, 1995 Page Two 95.089 WATER AND WASTEWATER PURCHASE AND SALE MATTERS A. PUBLIC HEARINGiN ACCORDANCE WITH F.S. 180.301 The normal order ofbusiness for public hearings (R-95-33) is as follows: · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution if Applicable ° Staff Presentation · Public Input ° StaffSummation · Mayor Closes Hearing · Council Action Please note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing City Council 95.089 RESOLUTION NO. R-95-55 - Findings of Fact in Accordance with Florida Statute 180.301 - Purchase and Sale Agreement - Water and Wastewater Facility (K-95-55, Revised Agreement and Addenda) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DIRECTING AND AUTHORIZING THE PURCHASE, SALE, ASSUMPTION AND TRANSFER OF THE REAL AND PERSONAL PROPERTY COMPRISING THE UTILITY SYSTEM OWNED AND UTILIZED BY THE CITY OF SEBASTIAN TO PROVIDE WATER AND WASTEWATER SERVICE; PROVIDING FOR FINDING OF A PUBLIC PURPOSE AND NECESSITY; PROVIDING THAT THE ACQUISITION IS IN THE PUBLIC INTEREST IN CONFORMANCE WITH SECTION 180.301, FLORIDA STATUTES; PROVIDING AUTHORITY TO COMPLETE THE PURCHASE, SALE, ASSUMPTION AND TRANSFER; PROVIDING FOR CONFLICTS; AND PROVIDING FOR APPLICABILITY. Mayor Firtion opened the public heating at 7:31 p.m. and the City Attorney 2 Special City Council Meeting September 20, 1995 Page Three read Resolution No. R-95-55 by title only. The City Manager explained that the first order of business would be to conduct a public heating in accordance with FS 180, second to adopt Resolution No. R-95-55 and third to approve Ordinance No. 0-95-25 on first reading and set it for public hearing on September 27, 1995. The City Attorney handed out a sheet of paper relative to amendments to the agreement (see attached). Chuck Neuberger, 357 Mekose Lane, Sebastian, questioned whether the City ought to be selling the facility. Ruth Sullivan, 1215 Indian River Drive, Sebastian, expressed concern that the City was not giving the system an oppommity to work. The City Manager handed out an amended page 11 to the previously distributed FS 180 findings document and read it into the record (see attached). Mayor Firtion closed the public hearing at 7:46 p.m. MOTION by Comm/Cam~ght I move Council accepts Resolution No. R-95-55 with four corrections in the handout provided by the City Attorney. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 3 Special City Council Meeting September 20, 1995 Page Four 95.089 C. ORDINANCE NO. 0-95-25 - Consenting to the Imposition of Special Assessments by Indian River County (City Manager Transmittal dated 9/15/95, 0-95-25) 1st Reading, Set Public Hearing for 9/27/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, CONSENTING TO THE IMPOSITION OF SPECIAL ASSESSMENTS AND OR THE INCLUSION OF ALL OF ITS INCORPORATED AREAS WITHIN ONE OR MORE MUNICIPAL SERVICE BENEFIT UNITS CREATED BY INDIAN RIVER COUNTY TO PROVIDE WATER OR WASTEWATER FACILITIES, SERVICES OR PROGRAMS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read OrdInance No. 0-95-25 by title only. MOTION by Cartwright/Damp I move to approve the first reading and designate the public hearing for September 27, 1995. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 ' Special City Council Meeting September 20, 1995 Page Five 95.077 1995/96 FISCAL YEAR - FINAL BUDGET PUBLIC HEARINGS The normal order of business for public hearings (R-95-33) is as follows: Mayor Opens Hearing Attorney Reads Ordinance or Resolution if Applicable Staff Presentation Public Input Staff.Summation Mayor Closes Hearing Council Action Please note: Anyone wishing to speak is asked to go tO the podium and state his/her name and address for the record prior to addressing City Council. ]gESOLUTION NO. R-95-50 - Millage Rate of 6.90 Mills (Finance Director Transmittal dated 9/15/95, R-95-50) 2nd Public Hearing and Final Adoption Resolution No. R-95-50 is to be Read in Full in Accordance with F$ 200.065 (2)(d) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A PROPOSED MILLAGE RATE OF 6.900 FOR THE CITY'S GENERAL OPERATING FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Firtion opened the public hearing at 7:51 p.m. and the City Attorney read Resolution No. R-95-50 in full. Frank Oberbeck, 601 Layport Drive, Sebastian, discussed taxes and loans to enterprise funds. A1 Vilardi, 445 Georgia Boulevard, Sebastian, discussed a need to change state law through Florida League of Cities relative to adoption of millage prior to budget adoption. Special City Council Meeting September 20, 195 Page Six Mayor Firtion closed the public hearing at 7:58 p.m. MOTION by Damp/Corum I move to adopt Resolution No. R-95-50. Vice Mayor Corem distributed a document exhibiting the difference between Sebastian, Vero Beach and Indian River County property tax values. The City Manager noted that the millage rate is below roll-back rate. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye MOTION CARRIED 5-O 95.077 RESOLUTION NO. R-95-51 - 1995/96 Fiscal Year Budget (Finance Director Transmittal dated 9/15/95, R-95-51) 2ndPub~cHea~ngandAdopgon A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENERAL FUND, EXHIBIT "A'; GOLF COURSE FUND, EXHIBIT "B"; AIRPORT FUND, EXZIIBIT "C"; CEMETERY TRUST FUND, EXHIBIT "D"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 6 Special City Council Meeting September 20, 1995 Page Seven The City Attorney read Resolution No. R-95~51 by title only. Mayor Firtion opened the public hearing at 8:02 p.m. The City Manager reiterated general fired, golf course, airport, cemetery and total budget mounts. Rick Sweeney, 685 Helicon Terrace, Sebastian, spoke on behalf of the Sebastian Soccer Association, requesting facilities. Richard Taracka, 1320 Coverbrook Lane, Sebastian, expressed concern for the deletion of funding for the Airport Manager, inquired as to reasons for it, and discussed the golf course budget. Sal Neglia, 461 Georgia Boulevard, Sebastian, commended the Airport Manager and inquired as to reasons for deletion of funding for the position. Betty O'Colmor, 491 Thomas Street, Sebastian, concurred with budgeting funds for golf course equipment and complimented Council on its decorum. TAPE I - SIDE II (8:18 pm.) Walter Barnes, 402 Azine Terrace, Sebastian, objected to treatment of the Airport Manager and urged Council to reconsider. Thomas Wojciekowski, 425 Peterson Street, Sebastian, urged Council to reconsider funding the position of Airport Manager, and urged support of the Golf Course Pro and new pro positions. Louis Priore, 374 Mango Avenue, Sebastian, expressed exasperation at the way the City has treated him and other taxpayers relative to drainage problems, urged Council to downsize rather than increase upper level personnel, urged Council to reconsider the Airport Manager position, and expressed concern relative to non-compliance with golf course contracts. Special City Council Meeting September 20, 1995 Page Eight Maura Raborn, 155 Harris Drive, Sebastian, expressed concern regarding the Airport Manager position and having someone with no experience run the airport, award of contracts without proper bids, loaning the golf course general fund money, violation of golf course contracts, Sebastian Panther needs for a proper facility as promised, requested to see actual invoices for fimds spent for Barber Street Sports Complex in fiscal year 1993, and suggested a volunteer board be established with members fi.om each sports agency to start working toward recreation in the City.' Jane Funicello, 150 Concha Drive, Sebastian, said people should be held liable for contracts, and said it was disgraceful to eliminate the Airport Manager position without reason. Ruth Sullivan, 1215 Indian River Drive, Sebastian, expressed concern for the "firing" of John Van Antwerp without just cause and said employees like him are very rare. A1 Vilardi, 445 Georgia Boulevard, Sebastian, expressed concern for the deletion of the Airport Manager position, questioned the Cerjan contract due to the fact that it was advertised as a help wanted ad, and discussed the ISS contract. TAPE Ii - SIDE I (9:02 p.m.) John Van Antwerp, 5225 94th Lane, Sebastian, discussed the grant he recently obtained fi.om FDOT for runway 4-22 construction, noted that he has supplied the City with an office, equipment, vehicle and personal time and asked City Council to reconsider his position. Kevin Schueberg, 374 Fleming Street, Sebastian, expressed concern for purchasing equipment for the golf course contrary to the ISS contract, and said three Council members said if elected they would cut higher up positions and had now hired new department assistants. 8 Special City Council Meeting September 20, 1995 Page Nine Philip Patnode, 764 Barker Street, Sebastian, concurred with sentiments expressed by Mr. Schueberg relative to Council comments relative to hiring higher ups, and purchase of golf course equipment. Frank Oberbeck, 601 Layport Drive, Sebastian, expressed concern regarding proposed hiring of two golf course pros and purchase of golf course equipment, inquired why Council doesn't hear the public's concerns, suggested using retired people for code enforcement, inquired why so many new personnel are being added, and said he'd received a letter from Professional Turf Management, a f'u'm which had bid on the Golf Course maintenance about the purchase of equipment. Bob Freeland, 733 Wentworth Street, Sebastian, said the City is not making people honor its contracts, played a tape and inquired about compensation for two proposed golf pros, displayed a memo from the City Manager to him, and played a tape from March 8, 1995 regarding the Airport Manager. The City Manager stated he would spend two hours per day on airport matters, spend time with the Airport Manager to gain knowledge, said G-reiner will assist him and recommended going out to bid on a mowing contract for airport property. TAPE II - SiDE II (9:50 p.m.) The City Manager continued stating that airport grants had been received and that the City would proceed as scheduled. Mayor Firtion closed the public hearing at 9:52 p.m., called recess and reconvened the meeting at 10:05 p.m. All members were present. MOTION by Cartwright/Halloran I make a motion that Council direct the City Attorney to draft a plan, since we had made this a policy decision, to drait a resolution outlining policy for management of the airport to become effective October 1. Special City Council Meeting September 20, 1995 Page Ten Mrs. Cartwright then distributed an outline for City Council to consider (see attached). City Council discussion followed. The City Manager said the outline reads as is currently being done and said he found nothing of substance in the proposal except that he would have to assume Mr. Van Antwerp's responsibilities. ROLL CALL: Mr. Halloran - nay Mayor Firtion - nay' Vice Mayor Corem - nay Mrs. Cartwright - aye Mrs. Damp - nay MOTION FAILED 14 (Halloran, Firtion, Corum, Damp - nay) MOTION by Cartwright/Comm I move we extend this meeting until 11:00 p.m. ROLL CALL: Mayor Fin/on - aye Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRmD 5-0 lO Special City Council Meeting September 20, 1995 Page Eleven MOTION by Corum/C~ght I move Council accepts, with Mr. Koford's ok, items on outline A of this page, item 2, 3, 4, and 5 and leave item 1 for Mr. Koford to decide and come back with a plan. The City Manager said Council was here to consider a budget and that this matter was non-budgetary. Motion and second were withdrawn. MOTION by Damp/Corum I move we adopt Resolution No. R-95-51 which includes the general fund of $7,245,270; golf course fund of $1,378,330; airport fund of $509,530; and the cemetery trust fund of $139,580 for a total of $9,272,710. Vice Mayor Corem discussed the purchase of golf course equipment, noting the City Manager is looking into it and said she did not agree with incentives for the pros. The City Manager noted the amended Golf Course pro agreement will be on the September 27, 1995 agenda. Mrs. Cartwright noted that capital projects will be forthcoming. The Public Works Director further justified his need for a sign shop employee. A brief discussion took place on a recreation department or program. ROLL CALL: Vice Mayor Corem - aye Mrs. Cartwdght - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 11 Special City Council Meeting September 20, 1995 Page Twelve 95.148 GOLF COURSE RATES PUBLIC I:W~ARING The normal order of business for public hearings (R-95-35) is as follows: Mayor Opens Hearing Attorney Reads Ordinance or Resolution if Applicable Staff Presentation Public Input Staff Summation Mayor Closes Hearing Council .4 ction Please note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing City Council RESOLUTION NO. R-95-49 - Golf Course Rates (City Manager Transmittal dated 8/25/95, R-95-49) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE MUNICIPAL GOLF COURSE; PROMULGATING A NEW SCHEDLFLE OF GREENS FEES AND GOLF CART FEES; PROMULGATING A NEW SCHEDULE OF ANNUAL MEMBERSHIP FEES; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER CERTAIN CIRCUMSTANCES; AUTHORIZING THE GOLF COURSE MANAGER TO ADJUST THE SUMMER FEE SCHEDULE WITHIN THE SPECIAL RANGE FOR MARKETING PURPOSES; AUTHORIZING THE GOLF COURSE MANAGER TO ADJUST THE RATION OF TEE-TIMES RESERVATION BETWEEN MEMBERS AND NON-MEMBERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Firtion opened the public hearing at 10:45 p.m. and the City Attorney read Resolution No. R-9549 by title only. 12 Special City Council Meeting September 20, 1995 Page Thirteen Harry Thomas, 654 Balboa Street, Sebastian, stated he believed City Council is a policy making board. Vice Mayor Corem called a point of order and requested that Mr. Thomas stay with golf course rates. Mr. Thomas stated that the rate structure is related to funding of the golf course. TAPE III - SIDE I (10:41 p.m.) The City Manager briefly explained the minor changes. Mayor Firtion closed the public hearing at 10:52 p.m. Thomas Wojciekowski, 425 Peterson Street, Sebastian, recommended continuing the use of resident card discounts. MOTION by Cartwright/Damp I move to extend to 11:15 p.m. if necessary. ROLL CALL: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corem Mrs. Cartwright - aye - aye - aye - aye MOTION CARRIED 5-0 Chuck Neuberger, 357 Mekose Avenue, Sebastian, recommended raising membership rates and leaving cart fees alone. MOTION by Comm/C~ght I move to adopt Resolution No. R-95-49. 13 Special City Council Meeting September 20, 1995 Page Fourteen Mrs. Cartwright inquired about the amendment on page 123 regarding member daily rates noting there was no change. The City Manager said he would report back. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwfight - aye Mrs. Damp - aye MOTION CARRIED 5-0 Being no further business, Mayor Firtion adjourned the Special Meeting at 11:00 p.m. Approved at the Meeting. ,1995, Regular City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 14 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 c) FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 27, 1995 - 7:18 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAiN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit of ten minutes per speaker (R-95-33) 1. Mayor Firfion called the Regular Meeting to order at 7:18 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Father Thomas Otto, St. Sebastian Catholic Church. City_ Council Present: Mayor Arthur L. Firfion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran City Manager, Joel Koford City Attorney, Clifton McClelland, Jr. City Clerk, Kathryn O'Halloran Director of Community Development, Bruce Cooper Airport Manager, John Van Antwerp Deputy City Clerk, Sally Maio Regular City Council Meeting September 27, 1995 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-33) The City Manager requested that item 12 E under New Business, Barry Airport Lease, be tabled to October 11, 1995. MOTION by Comm/Cartwright I move to remove item 12E on behalf of the City Manager and table it until October 11, 1995. ROLL CALL: Vice Mayor Corem - aye Mrs. Cartwfight - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 PROCLAMATIONS AND/OR ANNOUNCEMENTS None. PUBLIC HEARING. FINAL ACTION The normal order of business for public hearings (R-95-33j is as follows: Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff`Presentation Public Input Staff`Summation Mayor Closes Hearing Council Action Please note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing City Council 2 Regular City Council Meeting September 27, 1995 Page Three 95.089 A. ORDINANCE NO. 0-95-25 - Consenting to Imposition of Special Assessments by Indian River County (City Manager Transmittal 9/21/95, 0-95-25) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, CONSENTING TO THE IMPOSITION OF SPECIAL ASSESSMENTS AND OR THE INCLUSION OF ALL OF iTS INCORPORATED AREAS WITHIN ONE OR MORE MUNICIPAL SERVICE BENEFIT UNITS CREATED BY INDIAN RIVER COUNTY TO PROVIDE WATER OR WASTEWATER FACILITIES, SERVICES OR PROGRAMS; PROVIDING FOR SEVERABiLITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Firtion opened the public hearing at 7:21 p.m., the City Attorney read Ordinance No. 0-95-25 by title only and, being no input, the Mayor closed the hearing. MOTION by Cartwright/Damp I move to adopt Ordinance No. O-95-25. ROLL CALL: Mrs. Cartwfight - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 Regular City Council Meeting September 27, 1995 Page Four 95.115 B. ORDINANCE NO . O-95-21 - Temporary Use Permit (Director of Community Development Transmittal 9/20/95, O-95-21, R-95-36, R-95-54) 1st Public Hearing, 2nd Public Hearing Scheduled for 10/11/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE TO PROVIDE FOR TEMPORARY USE PERMITS; PROVIDING DEFINITIONS; ESTABLiSHiNG CRITERIA FOR ISSUANCE OF TEMPORARY USE PERMITS; ESTABLISHING APPLICATION PROCEDURES; PROVIDING FOR SEVEKABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-95-21 by title only and Mayor Firtion opened the public hearing at 7:24 p.m. Don Studley, 13501 North US 1, Roseland; Susie Parker, 674 Helicon Terrace, Sebastian; Mort Levow, 512 Tarpon Drive, Barefoot Bay; Scottie Smdley, 13501 North US 1, Roseland; and Jack Eromin, 595 Cross Creek Circle, Sebastian supported the proposed Christmas in Sebastian concert. The City Attorney recommended moving paragraph 12 of Section 2 to Section 5 as paragraph two, in accordance with previous recommendation. The City Manager inquired whether the basis for denial would be non- compliance with the 12 items listed in Section 2. The City Attorney advised that non-compliance with those items and other ordinances of the City would be the basis for denial. 4 Regular City Council Meeting September 27, 1995 Page Five Mayor Firtion closed the public hearing at 7:35 p.m. MOTION by Cartwfight/Comm I accept the reading of Ordinance No. 0-95-21 and set the second public hearing for October 11, 1995. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwfight - aye MOTION CARRIED 5-0 95.158 Co ORDINANCE NO. 0-95,24 - Changing Permitted Use in CG Zoning - Temporary Use Permits (Director of Community Development Transmittal 9/21/95, 0-95-24) 1st Public Hearing, 2nd Public Hearing Scheduled for 10/11/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 20A, SECTION 20A- 3.10.B OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, TO PERMIT COMMERCIAL AMUSEMENTS (TEMPORARY) IN THE GENERAL COMMERCIAL (CO) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Firtion opened the public hearing at 7:36 p.m. and the City Attorney read Ordinance No. O-95-24 by title only. The Director of Community Development gave a brief presentation and, being no further input, Mayor Firfion closed the public hearing. 5 Regular City Council Meeting September 27, 1995 Page Six MOTION by Corum/Cartwright I move for Council to accept the first public hearing and set the second public hearing on Ordinance No. 0-95-24 for October 1 l, 1995. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 95.138 CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes- 9/7/95 Special Meeting, 9/13/95 Regular Meeting RESOLUTION NO. R-95-57 - Skydive Sebastian Special Use Permit (Director of Community Development Transmittal 9/20/95, R-95~57) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT; FINDING THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE AIRPORT AND INDUSTRIAL FACILITIES DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting September 27, 1995 Page Seven 95.159 C. 95.160 D. 95.161 E. 95.162 F. Approve Expenses for Mayor Firtion - Attendance at Advanced Institute for Elected Officials - Boca Raton - 10/13/95 & 10/14/95 (City Clerk Transmittal 9/21/95, Conference info) Sebastian River Area Chamber of Commerce - Santa Sail-InflWinter Wonderland - Riverview Park - Use of Park and Electricity 11/22/95 through 1/14/95 - Events from 12/8/95 through 12/24/95 (City Manager Transmittal 9/18/95, SRACC Letter 8/25/95) Pelican Island Art Group - Art Shows - Riverview Park - 11/11/95, 11/12/95, 2/10/96, 2/11/96, 3/16/96, 3/17/96 - Standard Conditions (Director of Community Development Transmittal 9/19/95, Searfoss Letter 9/13/95) Fraternal Order of Police - Sebastian Lodge 139 - Community Center - 11/11/95 - 7 pm to 11 pm - Dance - Admission Fee and A/B Requests - Security Pd - Joseph Scarpa Permittee (DOB 4/48) (City Clerk Transmittal 8/21/95, Excerpt of R-94-50, Application) The City Manager read the consent agenda and the City Attorney read Resolution No. R-95-57 by title only. MOTION by Cartwfight/Halloran i move to accept the consent agenda all items. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 7 Regular City Council Meeting September 27, 1995 Page Eight 9. PRESENTATIONS None. 10. COMMITTEE REPORTS/RECOMMENDATIONS None. 11. OLDBUSiNESS 95.124 A. AmendedGolfProfessional Services A~eement ~ Patrick Cerjan (Ci _ty Manager Transmittal 9/19/95. Agreement) The City Manager and City Attorney proposed changes to the agreement as follows: 1) Pg. 7 - Sec. 6 (1) A and B add "gift certificate sales" after "pro shop merchandise sales". 2) Pg. 9 - Sec. 6 (1) C - change 2nd sentence to "A quarterly audit .... " 3) Designate the 317 sq. ii. Pro Shop as Exhibit "A" in the diagram 4) Pg. 5 - Sec. 5 B - change sentence to "Beginning on consultant shall have the exclusive fight .... " the 5) Pg. 8 - Sec 6 (1) A - add colon after "collected from" and number each item listed - change item 9 to "the use of balls at the driving range" 6) Pg. 10 - Sec 6 D (3) - delete after July 17, 1995 "of this Agreement" Barrett Balthaser, 679 Bayharbor Terrace, Sebastian, spoke on behalf of Patrick Cerjan, commending him for his work ethic and determination and urged approval of the contract. Thomas Wojciekowski, 425 Peterson Street, Sebastian, urged approval of the contract and hiring of two new pros. 8 Regular City Council Meeting September 27, 1995 Page Nine Frank Oberbeck, 601 Layport Drive, Sebastian, expressed concern for the two new pros and compliance with the bond regarding free play, cancellation of the city's ball retrieval contract and water balls being given to Mr. Cerjan. Ralph Wood, 582 Benedictine Terrace, Sebastian, said Mr. Cerjan was doing a tremendous job. Herb Brady, 1166 6th Avenue, Vero Beach, Men's Golf Association, said he had received many favorable comments from golfers at eight other courses about Mr. Cerjan subsequent to last Friday's tournament. TAPE I - SIDE II (8:05 p.m.) Mr. Brady continued. A1 Vilardi, 445 Georgia Boulevard, Sebastian, expressed concern for the method by which the City obtained the services of Mr. Cerjan. The City Attorney said, in his opinion, this type of contractural services is not governed by the Competitive Negotiation Act. MOTION by Damp/Corem I move we approve the amended Golf Professional Services Agreement with the changes outlined by the City Manager and City Attorney. Mrs. Cartwright inquired about the current ball retrieval contract with Global Golf Balls. The City Manager said he had sent notice of termination to the contractor and that Mr. Cerjan had made arrangements with them. Mrs. Cartwright noted that termination was premature since the services agreement had not been approved as yet. She noted that Mr. Cerjan had insurance and an occupational license. 9 Regular City Council Meeting September 27, 1995 Page Ten The City Manager said the City will have complete control of the hours worked by the two new assistant pros and they will be governed by the Fair Labor Standards Act in response to Mr. Halloran. Mrs. Cartwright noted that there were no funds budgeted for overtime. Vice Mayor Corem urged people to throw their full support behind the pro, noted that the bond holders have approved this revised agreement, however, expressed concern relative to the fact that the City will not keep record of the funds Mr. Cerjan will derive from pro shop sales and ball retrieval. The City Manager said the question of whether pro shop revenues flow through the City depends on the question of the concession and audit results. He said if Mr. Cerjan decides not to have funds flow through the City, the City would not have accountability. The City Attorney said Mr. Cerjan would not have to disclose the funds derived from golf ball retrieval. MOTION by Corum/C~ght I move to amend the main motion in 5 B of the Professional Services Agreement line six from the bottom "The Consultant shall have the exclusive right to retrieve and sell golf balls recovered for water hazards at the golf course as long as the the consultant is engaged by the City", to remove that sentence and that will have to be removed from items 6 A and B. ROLL CALL: AMENDMENT: Mrs. Cam~ght - aye Mrs. Damp - nay Mr. Halloran - nay Mayor Firtion - nay Vice Mayor Corem - aye MOTION FAILED 2-3 (Damp, Halloran, Firtion - nay) 10 · Regular City Council Meeting September 27, 1995 Page Eleven ROLL CALL: MAIN MOTION: Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corem Mrs. Cartwdght MOTION CARRIED 5-0 - aye - aye - aye - aye 12. NEW BUSINESS 95.098 A. 95.163 Cra~ten. Thompson & Associates. Inc. - Approve Supplemental A~eement No. 5 (City_ Manager Transmittal dated 9/8/95. Supplemental A~eement No. 5) MOTION by Damp/Cartwright I move that we approve supplemental agreement #5 effective today. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwfight - aye MOTION CARRIED 5-0 FDOT Standard Instrument Approach Procedures (SIAP}(City Managex Transmittal 9/21/95. Van Antwe~ Memo 9/19/95. FDOT Letter 9/11/95) Sol Neglia, 461 Georgia Boulevard, Sebastian, discussed the FDOT grant. Warren Dill, 11675 Roseland Road, Sebastian, handed out information from the City's airport master plan and expressed concern that this proposal may be inconsistent with the plan or its timing aspects. 11 Regular City Council Meeting September 27, 1995 Page Twelve TAPE II - SIDE I (8:53 p.m.) Mr. Dill continued, urging Council to conduct a workshop on the plan. The Airport Manager said he recommended a workshop on the SiAP proposal, commenting that this is a complex issue that needs review. Following some discussion, it was the consensus of City Council to postpone any action on this proposal, however, there was some agreement that a workshop on the airport master plan should be conducted. 95.083 ORDINANCE NO. 0-95-26 - C-512 Landscaping (Director of Community Development Transmittal 9/21/95, 0-95-26, P & Z Memo 3/17/95, 4/26/95 Minutes Excerpt) 1st Reading, Set Public Hearing 10/25/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR/DA, AMENDING CHAPTER 20A, SECTION 20A- 3.8(A)d(8) OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE TO AMEND THE REAR YARD LANDSCAPE REQUIREMENTS; TO PROVIDE SUFFICIENT SCREENING FROM THE ZONING DISTRICTS; TO MAKE CORRECTIONS IN THE LAND DEVELOPMENT CODE; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FLORiDA; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-95-26 by title only. 12 I I I I I I I I I I I I I I i I I I I Regular City Council Meeting September 27, 1995 Page Thirteen MOTION by Halloran/Cartwright I move to approve the first reading of Ordinance No. O-95-26 and set the public hearing for October 25, 1995. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye 95.041 MOTION CARRIED 5-0 RESOLUTION NO. R-95-56- FDOT Joint Participation Agreement Airport Runway 4-22 Reconstruction/Overlay (City Manager Transmittal 9/18/95, R-95-56, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A JOINT PARTICIPATION AGREEMENT (GRANT) WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR RECONSTRUCTION AND OVERLAY OF SEBASTIAN MUNICIPAL AIRPORT RUNWAY 4- 22 IN THE AMOUNT OF $475,200.00; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-95-56 by title only. MOTION by Cartwright/I-Ialloran I move we authorize the Mayor to execute and the City Clerk to attest the State of Florida Department of Transportation Joint Participation Agreement on behalf of the City of Sebastian. 13 Regular City Council Meeting September 27, 1995 Page Fourteen ROLL CALL: Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran MOTION CARRIED 5-0 95.164/ E. 94.2O8 13. - aye - aye - aye - aye - aye RESOLUTION NO. Rr95-58 - Brian E. Barry Airport Lease (City Manager Transmittal, R-95-58, Lease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND BRIAN E. BARRY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. This item was tabled to October 11, 1995. Mayor Firtion called recess at 9:15 p.m. and reconvened the meeting at 9:25 p.m. All members were present. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker Richard Taracka, 1320 Coverbrook Lane, Sebastian, inquired about the promotion of Eugene Ewert to lieutenant when that position is not in the budget or chart. Wally Kramer, Micco, inquired why certain people can speak for twenty minutes and said he admired those who are watchdogs. 14 I I I I I I I I I I i I I i I I I I I Regular City Council Meeting September 27, 1995 Page Fifteen Frank Oberbeck, 601 Layport Drive, Sebastian, inquired why Council does not respond to questions posed by the public during public input and asked if Council approved the "no thru macks" signs on Wave Street. Barrett Balthaser, 679 Bay Harbor Terrace, Sebastian, said he was sick of negative articles in the newspaper, commended ISS for maintenance of the golf course and supported the purchase of equipment. 14. CITY COUNCIL MATTERS A. Mrs. Louise Cartwfi~t Mrs. Cartwright again requested and received a full consensus to conduct a workshop on the ailpOrt master plan at the end of October or begflming of November; requested the City Manager to respond to the request of the historical society relative to use of the old utility building to which the City Manager responded the item would be placed on the October 4, 1995 workshop agenda; requested that procedures for setting up the November 29, 1995 business workshop agenda be placed on the October 4, 1995 agenda to which the City Manager responded he is expecting responses from staff by October 12. TAPE II - SIDE II (9:47 p.m.) Mrs. Cartwright inquired about the status of lights on CR 512 and the Director of Community Development gave a brief report and said he will follow-up with FPL. 15 Regular City Council Meeting September 27, 1995 Page Sixteen Mrs. Cartwright inquired about the police lieutenant matter and the City Manager said he would review it with the Human Resources Director. Mrs. Cartwright said the Wave Street matter did not require Council action. B. Mrs. Norma Damn None. C. Mr. Raymond Halloran Mr. Halloran said he thought the six weeks prior to the holidays was not a good time for the business workshop. Mayor Firfion said the Chamber Board of Directors had not taken a vote on the date for the next meeting, however, Mrs. Cartwfight said she had heard no conflict for November 29. D. Mayor Arthur Firtion None. E. Vice Mayor Carol.vn Corem Vice Mayor Corem said she would attend the November 29 business meeting; inquired about the 30 day report from the City Manager regarding Capital Sanitation to which the City Council concurred to have the City Manager handle the report; inquired about the increase in copy charge to 15 cents and as a result it was the general feeling of Council to have the City Attorney draf~ a resolution to keep the fee at l0 cents; inquired whether the agenda can be printed in the Press Journal to which the City Manager responded he would have the City Clerk look into it; requested that staff come up with a policy regarding mowing of overgrown lawns to which the City Manager and Director of Community Development responded. 16 Regular City Council Meeting September 27, 1995 Page Seventeen 15. CITY ATTORNEY MATTERS None. 16. CITY MANAGER MATTERS The City Manager announced that people should go to the Clerk of the Circuit north county office for utility matters beginuing next Monday; said he would include a monthly newsletter in Council paychecks; said he would be off the first and third weeks of October and announced that parking, fences and fee schedules would be on the October 4, 1995 agenda. 17. Being no further business, Mayor Firtion adjourned the Regular Meeting at 10:15 p.m. Approved at the Meeting. , 1995, Regular City Council Arthur L. Fin-ion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 17 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, OCTOBER 4, 1995- 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a workshop unless provided in the meeting call On accordance with R-95-33) 1. Mayor Firtion called the workshop to order at 6:30 p.m. City_ Council Present: Mayoi- Arthur L. Firtion Vice Mayor Carolyn Corem Mrs. Louise Cartwright Mrs. Norma Damp Acting City Manager, Bruce Cooper City Attorney, Clifton McClelland, Jr. City Clerk, Kathtyn O'Halloran Deputy City Clerk, Sally Maio Ci.ty Council Absent: Mr. Raymond Halloran (Excused) City Council Workshop October 4, 1995 Page Two 3. WORKSHOP ITEMS 95.029 A. Review Parking Ordinance Nos. 0-95-03 and_O,95-23 (0-95-03 Discuss Language Changes for Parking on Street Rights.-_of- Way and Disnlaying a ,SFor Sale" Si_ma Following a lengthy discussion it was the consensus of City Council to place the word "currently" before "licensed and registered" in paragraph 3; to direct the City Attorney to come up with language which would give the owner of an untagged vehicle, once ticketed, sixty days to present evidence that the tag was recently removed; to leave the word "unimproved" in the language at this time. Staff will come back with an ordinance. 95.1.45 Discuss Proposed Changes to Amend Section 20A-~L9.F of the Land Development Code Re: Fences (Director of Community Develot~ment Transmittal dated 8/15/95. DCD Memo dated 5/1_7..195.. P & Z Memo dated 5/29/9.5) The Director of Community Development distributed a proposed fence ordinance and discussion followed. He advised that Planning and Zoning had recommended against considering a berm a fence in single family districts. TAPE I - SIDE II (7:20 p.m) Mrs. Cartwright recommended that materials used for fencing be more specifically described as construction grade material. Staff concurred. It was the consensus of City Council to consider an earth berm a fence only by variance. Staff will come back with a revised ordinance. 2 City Council Workshop October 4, 1995 Page Three 95.165/ C. 94.120 Discuss Options Regarding the Future Utilization of the Former "Utili .ty Office" on Main Street Option A: Rent to the Chamber of Commerce Rent to the Historical Society Utilize for Community Development (Location for the Community Redevelopment Agency and City Planner and Engineering) Combination of Any of the Above Each City Council member offered his/her opinion on the use of the building. It was decided that the City may need to use the building in the near furore for staffing, however, staff should contact the Chamber of Commerce to see what it would offer for a lease and report back. It was also suggested that, if Council were to concur with use by the Chamber, the Chamber could share the building with the Historical Society. 95.012 Do Discuss Amendment to Fee Schedules (Director of Community Development Memo 9/28/95. Fee Schedule~ Discussion took place on the need for a $1000 bond for certain applications. Mrs. Cartwright expressed concern that increased application fees and a bond would discourage economic development. TAPE II - SiDE I (8:05 p.m.) Following further discussion it was the consensus of City Council establish the $1000 bond for any projects requiring review by the consulting engineers. Staff was directed to come back with a resolution for the bond and to review and report on actual application expenses. City Council Workshop October 4, 1995 Page Four 95.166 E. Discuss Alternative Dates for November and December City. Council Meetings (Ci _ty Clerk Transmittal 9/28/95. Calendars) It was the consensus of City Council to conduct its regular meetings on November 1 and 15 and December 6 and 20, 1995, as recommended. Being no further business, Mayor Firtion adjourned the workshop at 8:45 p.m. Approved at the Meeting. ,1995, Regular City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 I MINUTES SEBASTIAN CITY COUNCIL I SPECIAL MEETING WEDNESDAY, OCTOBER 4, 1995 i (IMMEDIATELY FOLLOWING 6:30 WORKSHOP) i CITY COUNCIL CHAMBERS · 1225 MAIN STREET, SEBASTIAN, FLORIDA I ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Special Meeting unless provided for in the meeting call (in accordance with R-95-33) Purpose: Status of Sale of Water and Sewer (Utih'ties) Mayor Firtion called the Special Meeting to order at 8:53 p.m. 2. ROLL CALL City. Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Staff Present: Acting City Manager, Brace Cooper City Attorney, Tim Williams City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio City CouncflAbsenlx Mr. Raymond Halloran (Excused) Special City Council Meeting October 4, 1995 Page Two The Director of Community Development distributed backup and requested the addition of a request from FOP for use of Riverview Park North for a carnival. He noted that although the request would be considered a temporary use permit, due to the fact the subject property belongs to the City, City Council has the responsibility of approval or denial. MOTION by Corum/Cartwfight I would move to put the item of the annual Fraternal Order of Police fundraiser carnival on the agenda. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - absent MOTION CARRIED 4-0 MOTION by Corum/Cartwright I move for Council to approve the Fraternal Order of Police Lodge 139 to use the city property east of the Superamerica for their annual carnival between the 18th and 29th of October 1995 and that they will be responsible for cleanup, security, insurance and getting a temporary use permit'. She inquired whether the City could obtain a hold harmless agreement. The City Attorney responded that there's not much in the language that will be effective and that the City will have the same immunities it normally has as long as it has taken steps to provide police protection and that type of thing. The Director of Community Development noted that they had requested a fee waiver and Vice Mayor Corum said that was not part of the motion. 2 Special City Council Meeting October 4, 1995 Page Three ROLL CALL: Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion MOTION CARRIED 4-0 - absent - aye old SPECIAL MEETINGITEMS A. Status of Sale of Water and Sewer ,(Utilities) Mayor Firfion announced that the closing on the water and sewer took place on Friday, September 29, 1995 and that Indian River County has taken control. He reported that the Riverfront Project is completed. Mayor Firtion then requested that an engineer be selected in response to a letter from County Utilities, Terry Pinto. He noted that the consensus reached at the last meeting was not on the record. MOTION by Cartwright/Comm I'd like to move that we add an item B to the agenda under number three and that's the selection of the engineering consultants. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - absent Mayor Firtion - aye Vice Mayor Corem - aye MOTION CARRIED 4-0 Special City Council Meeting October 4, 1995 Page Four MOTION by Cartwfight~amp I move that we go with our selection of Masteller and Moler as the engineers of choice for the water and sewer project and direct City Manager to inform, in writing, Mr. Pinto. ROLL CALL: Mrs. Damp - aye Mr. Halloran - absent Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye MOTION C~D 4-0 Being no further business, Mayor Firtion adjourned the Special Meeting at 9:05 p.m. Approved at the Meeting. ,1995, Regular City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 4 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 g FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Vice Mayor Corum Conference AGENDA NO: DEPT. ORIGIN: ./t City_ Clerk for Vice }~r~ Mayor Corem DATE SUBMITTED: ' 10/4/9~ MEETING DATE: ;oil ;/95 APPROVED FOR SUBMITTAL: EXHIBITS: Seminar Info Expenditure Required: Approximately $100 Amount Budgeted: $1000 Travel $1230 Education Appropriation Required: SUMMARY STATEMENT In accordance with Section 2-34 of the Code of Ordinances, any City Council member who desires to be reimbursed for expenses incurred in connection with any function which he/she intends to attend on behalf of the City must obtain prior approval of the City Council. Vice Mayor Corum wishes to attend a Communications Skills for Women one-day seminar on November 9, 1995 in Melbourne, Florida. Expenses incurred would be $79 registration fee, lunch allowance of $6 and $ .29 per mile for travel. 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Me, P.O. 8ox igSl. iJAYEWT Shawnee Mimon. iC5 ~201. L ~ R~a~n°n f~ enei~. Chink; Amount $ L ~ Our ~h~ Omer is ~[~. P.O.; ~ ~ Ghee to: ~ Am. ~p~ ~ M~te~ ~ V;~ ~ Di~er AcCL Cheez hem ff .you have 'aia~y re~atex~l by. phone a.ml are =eedimj ~s a~ confirmm~oa. ~*,,~*.~.~ CAR-RT SORT ~ COD0 VIP 45 209 !33 15~ 38FA MS CAROLYN CORUM SEBASTIAN CC MBR ~5 MAZN ST SEBASTIAN FL $29~8-41~5 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 SUBJECT: BID WAIVER - LEASE MITA 5685 COPIER - EGP, INC. Approval for Submittal ) Agenda Number: ) ) Dept. Origin: Community Development Date Submitted: ..... For Agenda Of: Exhibits: 10/5/95 10/11/95 EGP, Inc. Memorandum dated 10/5/95 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $4,308.00 BUDGETED: $4,800.00 REQUIRED: SUMMARY STATEMENT The approved 1995/96 Annual Operating Budget indicates a new copier for the Community Development Department. Since EGP, Inc. provides for all of the City's maintenance and copy machines for the departments, this department requested a quote for a Mita 5685 which could handle the department's copying. Attached is a letter from EGP, Inc. indicating the City of Sebastian can "piggyback" off the Indian River County School Board contract as the City has done since 1987. The cost of the 36 month lease without trade- in is $359.00 per month. RECOMMENDED ACTION Approve the Waiver of Bid for a 36 month lease of a MITA 5685 from EGP, Inc. for the Community Development Department office for 359.00 per month. ;T,-O8'95(THU) IS:SS [RCE TEL:i40777897SS P, O02 the Copier People C. TO: FROM DATE RE: Br~ce Cooper Barry Rokaw Oczaber S, 1995 ~TI~CJ][Afllt OF NEW HITA 5685 COPY SYSTEM Please acceDU :his memorandum as confirmaUion uhau E.G.P., inc., the authorized Mi.za Dealer for IndianRiver Coun=y, will allow the City of Sebasnian to ',~ig~yback" off any and all Indian River County School Board contracts for the purchase of coDiers. On 0c:ober 5, i995 E.G.P., Inc. agreed to lease the City of SeDasUian a ~ew Mica 568~ copier wir_k a new AS-5020 sor~er for a term of 36 monUhs for $359.00 Der month. 3111 S. Oleander Avenue ° Ft. Pierce, FL 3,1.982 (407) 461-120t o Veto (407) 562-05ll - Stuart (407) 2193-3499 · Fax (407) 562-0520 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL A Laptop Computer Purchase DEPT. ORIGIN: City_ Clerk''.-~ DATE SUBMITTED: ~0/5/95 APPROVED FOR SUBMITTAL: City Manage~..~'/~c~ MEETING DATE: EXHIBITS: l 0/11/95 Price List Expenditure Required: Not to Exceed $3000 Amount Budgeted: $4000 Appropriation Required: SUMMARY STATEMENT My office obtained eight proposals from various computer vendors with minimum specifications as follows: pentium processor, at least 75 MHz, 8 MB RAM upgradeable, at least 500 MB HD, dual scan display, with options including 14400 modem. We contacted three of the low end vendors and prices remain virtually the same as when first obtained. Upon review of the proposals with the Finance Director, who is a bit better informed on specifications for computers, we concur with Comtrade's proposal with the 14.4 fax/modem option. Proposals are in my office and available for review. RECOMMENDATION Approve bid waiver for purchase of laptop computer in an amount not to exceed $3000.00. Mitra Systems Walnut, CA EPS Technologies Jefferson, SD **Comtrade City of Industry, CA Keydata S. Plainfield, NJ Midwest Micro Fletcher, OH Zeos Information Systems Computer City Melbourne, FL Dell Computer Corp. Pri~¢ W/14400 Modem Option $2,351.00 Offer 9600 not 14400 Baud $2,295.00 $2,395.00 $2,425.00 $2,575.00 $2,552.00 $2,670.00 $2,842.27 $2,971.27 $3,295.00 $3,444.00 $3,597.00 (lowest of their 4 prices) $4,175.00 $4,361.00 *CD ROM Adaptable would increase each 10roposal by approximately $300 ** Recommended Vendor City of Sebastian i 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 SUBJECT: Use of Community Center For Halloween Party APPROVED FOR SUBMITTAL BY: City Manager: AGENDA FORM :__City ClerkC~ AGENDA NO. Dept. Origin Date Submitted:__September 28, 1995 For Agenda Of: __October 11, 1995~ Exhibits: Application EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from the Welcome Wagon Alumnae Club requesting the use of the Community Center on October 28, 1995 from 7:00 PM to 11:00 PM for a Halloween Party. They are also requesting the use of alcoholic beverages at this event. A security deposit of $250.00 was received with application and a rental fee of $107.00 will be paid when key is picked up. L{ECOMMENDED ACTION Move to approve the request with the use of alcohol. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION [ ~f/COMMUNITY CENTER [ ] YACHT CLUB for Rent~: C.-O, 0 ~., ~ .,-,..~- j' ,. .... L,, .' Appmx ~ of Persons A~en~g E~nt: /~ ~ ~equested Dc~te: (.3 ¢-4 ~lease Answer YES or NO: Time of Dcry: From ! ) Are kitchen facilities reqtared? 2) Are you a resident oi Sebctsd~n? 3) W~ de¢orcttons be put up? 4) %V~ there be (Irt c[dm/ssion or door chczge? 5) WiJ/cdcoholic bevercges be served? (a) [fcms'v~rto~SfsTes,?ermtttee's~-aofofAge: ~:Z,, ~'~ '- ~¢~ -Y~-~G (b) If ~lcohol ia to be se~ed, pe~ssion is mq~d by Ci~ Counc~. Yo~ r~uest ,~ be presented to Co.cfi on L~~ //, / f~. s~ ec~ Deposit ~ ~- ~ ~entat $~'~. ~ ... ~ 7% T~ ~ ~ = $ /~ ~ m D lake ~ecka Payable to: CI~ OF S~STIAN "' SPEC~ N~E: A se~ce fee oi 5% or $20.00 (whichever is greater} m~y be charged for any dishonored check per ~onda State Statute 168.251. FF[CE ONLY / Date -=ntci Fee Pczid On Dc~te =oho[ Beverczge Request hecmd, c~ the Councd Meeting on ~y ~ck'up Date :cunty Deposit Returned By City Check No. )mments: C~sh ~'teck [mtiais Cash Check: !mtials Key Return Date .A.PPRO~/D~IED in the amount on i I I i SUBJECT: APPOINTmeNTS TO THE SEBASTIAN CONSTRUCTION BOARD City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 Aft~t~dc~ N'u. mfl e r ' Approved For Suflm£tta£ By: i I I I I Mar[ag e r Dept. Origin: Comnm't[;~t'v Deve[ov'men. t .Date S't~flmitted: ......... 2/25/_95 (B~__~'~'~7 Fo'r A~er[da Of: ...... J-oZl!/95 Exg£fi{ts.: Appf£cat£ons for: Michael He'rfli.~; Haro£d D. Smith; Rofiert D, Pru, it't,, J'r,; M~ch.~e£ F~tzpat-r~c~ IEXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEmeNT At ~ts regu£a'r-meet{me of 9/12/95, t~e Sefiast-Lag Co-mst-rzzct.Lon Boar~ I t~e following mot'Logs: p~sse~ _,MOTION BT VICE CHAIRMAN J. SMITH, SECONDED BT ~. MESSINA TO RECOMMEND TO CITT COUNCIL TO APPOINT MICHAEL HERBIG TO THE CONCERNED CITIZEN POSITION. MOTION CARRIED, I I Fo-r ! ! ! record: to expire 9/30/97. MDTION BT MR. T. SMITH, SECONDED BT VICE CHAI~VI&¥ J. SMITH TO RECOM/V~ND MR. HAROLD D. SMITH FOR THE POSITION OF ALTERNATE CONCERNED CITIZEN. .,MOTION CARRIED, Fo-r record: T&~s term wt££ 'expire 9/30/98. RECOMJV~NDED ACTION Move to approve t~e appoimtme~t of M£e~aef He. rfi~ to the Co~cer~ed C.tt~.ze'r[ Pos~t~on to f'£ff t~e ~expi.'re~ tern[ to expire Move to approve Cotrce'rn. ed C'£ti. ze'n. Pos£t£o-r[ for ~ th.-ree year term to expire 9/30/98 Michael F. Herbig 1519 Clearbrook Street Sebastian, FL 32958 August 27, 1995 City of Sebastian Sebastian City Council 1225 Main Street Sebastian, FL 32958 Dear Council Members: I am currently filling an unexpiued term on the Sebastian Construction Board of alternate concerned citizen. This term will expire on September 30, 1995. I would like to be considered foe this position for the next term. Thank you in advance. Sincerely, .. /~'/ Michael F. Herbig . 3. 4 7 8 9 APPLICATION TO SERVE ON CITY BOARD NAME: Michael F. Herbig 1519 Clearbrook Street, Sebastian, HOME ADDRESS: HOME TELEPHONE: (407) 388-0852 BUSINESS: Michael F. Herbig, Inc. BUSINESS ADDRESS: 1519 Clearbrook St. o b .:.: '_..5 1:2 [ , ' ~q n~ \'~,x~.,-' ....... I ,e; Licensed : RF0066433 199~ I No -- years m m m m I BUSINESS TELEPHONE; (407) 388-1935 SOCIAL SECURITY ~JMBER: DRIVERS LICENSE NUMBER: High School Graduate; RESUME OF EDUCATION AND EXPERIENCE: Plumbing Contractor in New Jersey since 1975; Florida ~ (use additional sheets if necessa~! or submit resume if available) 10. Voter registration no. 1!. Are you a resident of the City? 12. Length of Residency 13. 14. Do you hold a gublic office? Yes__ No Do you sez-ve on a Ci~f Board at present? Yes X No PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD*CONSTRUCTION BOARD*PLANNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to ser~ze on this board? Currently serving on this board. In plumbinq trade for over 17. What reasons do you have for wishing to ser~ze cn an adviscr~ board? would like to continue serving in Uhis capacity. 18. Ea,V..e you ever been convicted of any felony or ant misdemeanor involving moral turpitude in this or any state? lg. Would you consider serving on another Board other than the one(s) you selected above? Yes No X I hereby certify that I am qualified to hold the position for which this application is made. Further, ~ hereby authorize the City of Sebastian to investigate the truthfulness of all information which ~ have provided in this application. ~ understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the Cit7 of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the Cit~/_ Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. i hereby authorize the Sebastian Police Deoartment to run an active warrant check on me. Applicant Signature ~ to me or has produced ~ ~ as identification. (SEAL) KATHRYN A. NAPPI MY COMMISSION/~ CC 229406 EXPIRE~ Seomn".~r 20. 1996 80HOED TI~[J TROY FAIN ffISUR,'~[C~ iNC. ' Commisslon No. ~ws-form~application ~PLZCAT!ON T_~O SERV~E O~NCIT____~ £. NAME; Harold D Smith HOME ADDRESS; 784 Carnation Drive HOME TELEPHONE:407-388_2719 BUSINESS: Sebastian~ FI. 32958 ~me if available) Yes X ~t. 1994 Yes No X ZN SERVING ~s~ choic~ ~is board? on an advisor~z SUSINESS ADDRESS: BUSINESS TELEPHONE: SOCIAL SECURITY NUMBER: DRIVERS LICENSE NUMBER: RESUME OF EDUCATION AND EXPERIENCE: 3. 4. 7. 8. 9. (use additional sheets if necessar~f or submit ro-sume 10. Voter r=_gistrAtion no. 12. 13. 14. 16. Are you a resident of the City. Length of Residency you hold a public office? Do you serve on a Cit-f Board at present? Yes PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED (Please number in order of preference with first being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION SOARD *PLANNING AND ZONING HANDICAPPED COMMITTEE What qualifications do you have to serve on ,this See Resume - What reasons do you have for wishing to ser~e board? - I have always been civic minded but now have the time to devote 18.. Have you ever been convicted of any felony or any ',.~isdemeanor involving moral turpitude in this or any state? No X "19.. Would you consider serving on another Board other than the one(s) you selected above? Yes x No i hereby certify that I am qualified to hold the position for which this application is made. Further, % hereby authorize the Ci~ of Sebastian to investigate the truthfulness of all information which ~ have this application. I prov%ded~in understand that any misrepresentauion or omission of information requested in this application is cause for disqualification or r~moval. Z understand that the City Counc!!~ of the City of SE~ASTI~ may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected du~, habitual drunkenness, incompetence, or permanent inability to perfo~ his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereb~ authorize the Sebastian Police Department to run an active ~arrant check on me. Applicant Skgnature Sub~ribed and ~worn to before me this ~~day of~ , 19 ~ , by ~/~ ~ ~z~d , ~ is per~nal±y known to--~ or has Pk~du~d ~$z~.~Ju~~_3o/- o . as identification. ~1 ~,~ ~: ~ ~, ~ i c !Orida Name of Notary (Printed or Typed) Commission No. % we- form\ app 1 ic ation PRESENTATION OF QUALIFICATIONS FOR HAROLD D. SMIT'tt 784 Carnation Drive Sebastian, FL 32958 Telephone: 407/388-2719 HAROLD D. SMITH 784 Carnation Drive Sebastian, FL 32958 RESUME OF QUALIFICATIONS Telephone: 407/388-2719 EDUCATION: EMPLOYMENT PROFILE: Eastern Illinois University Charleston, IL Bachelor of Science Degree Business Administration Graduated: 1969 RELEV. ANT PROFESSIONAL TRAINING& EXPERIENCE: Financial Management · Facilities Management & Analysis · Engineering · Architectural Design/CAD · Operation & Maintenance of Physical Plant · Operation & Maintenance of Buildings, Mechanical Equipment and Grounds · Renovation Oversight · Multi-Million Dollar Budget Administration · Long Range Physical Plant Planning · Supervision · Extensive Interface With Campus, State and Federal Constituencies · OSHA & State Regulations ~ Collective Bargaining · Supervision · Human Resources · Public Relations UNIVERSITY OF ILLINOIS, Champaign, IL 2-89 to Present FACILITIES MANAGER Work for the National Center ['or Supercomputing Applications charged with complete responsibility for coordinating all phases of operations and maintenance. Responsible for five buildings including three and one half floors of the Beckman Institute which is devoted to futuristic technology. Work with a budget of approximately $1 Million. Analyze project needs and requirements· make proposals, establish work area criteria, and oversee all phases of project from inception/beginning through completion. Extensive work space audit planning, space requirements, initiating purchase order requisitions and work orders, as well as overseeing trades work such as carpentry, electrical, [51umbing, and HVAC. Extensive vendor interface, vendor negotiations, and work closely with the University Purchasing Department. Ensure all projects meet OSHA and State health and Safety requirements. HAROLD D. SMITH EMPLOYMENT PROFILE: STRENGTHS: MILITARY: REFACES: AIR-LAND TRANSPORT INC.. Morton. IL 4-87 to 4-88 TERMINAL MANAGE_R Responsible for all phases of human resources including recruiting, interviewing, hiring and training terminal employees. Established company policies for job descriptions, cost control, and pricing. Extensive problem solving, and supervised accounts payable. GARLAND GEHRKE TRUCKING, Lincoln, IL 1-85 to 11-86 REGIONAL SALES MANAGER Carried out strategic sales plans, managed telemarketing operations, and implemented cost saving measures and examined/analyzed current customer files for opportunities to increase shipments, determined traffic lanes, frequencies, as well as customer service factors which would enhance sales efforts.. ADM TRUCKING COMPANY, Decatur, IL !.984 to '3-85 OWNER/OP~..E_.RATOR. & DIVISION MA~N~A~GF~R~ Responsible for planning and administrating all aspects of a new division start-up. Established long range goals with corporate personnel including, but not limited to, target operation levels, facilities expansion, and levels of return. Developed/Implemented a strategic plan for achieving goals including dispatch strategy, operations work flow, owner/operator identification, and supervision/compliance with government regulations. Formulated and drafted division policies of operation procedures, and personnel policies. Handled all aspects of human resources, participated in planning/marketing efforts, and acted as the f'mal problem solver in all owner/operator division matters. ABRET TRUCK SALES, Shefield, [L 1983 to 1984 MARKETING Developed/implemented marketing plans, coordinated sales functions marketin~operational personnel, and ensured outstanding customer relations. through I-I & W CARRIERS & DOUGLAS TRANSIT, INC., Camargo, IL 1966 to 1983 PRESIDENT Served as President/Owner for a ninety person trucking company with responsibility for long range acquisition planning, marketing, capital equipment purchasing, operations management, and all phases of human resources. Management & Sales · Professionalism · Problem Solving · A Proven Self-Starter Honorably Discharged Veteran Furnished as requested. PPLICATION TO SERVE ON CITY BOARD 3. HOME TELEPHONE: ~6q ~ --770 4. SUSINESS: 5. BUSINESS ADDRESS: ~0~ Q% ~' 6. BUSINESS TELEPHONE: WU ~9' ~ 7. SOCIAL SECURITY ~BER: ~5~ 7 8. DRIVERS LICENSE ~ER: ~0 ~&~ ~ (use additional sheets if necessary or submit resume if available) Voter registration no. ¢0 6{l~;O~1 11. Are you a resident of the City? Yes~/ No 12. Length of Residency 13. Do you hold a public office? Yes .. No..V/ ~4. Do you serve on a City Board at present? Yes__ NoV/ 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "l") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLA~FNING AND ZONING HANDICAPPED COMMITTEE 16. What qualifications do you have to serve on this board? What reasons do you have for wishing to serve on an advisorLz i8. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? 19. Would you consider serving on one(s) you selected above? Yes No v/ another Boar~ other than the ~es ~ No I hereby certify' that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for - malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Subscribed a~d sworn to before me this ~ day of 19 q__~, by ~w~9~l~ O...ffu{~ ., who is ~ersonally known to me or has produced ~ as l~dentiflcatlon. (SEAL) ~application Name of N~tar~ (Printed or Typed) Commission No. APPLICATIO~I T__O SERV~E O_~N CIT___~ BOARD TELEPHONE: ~BUS ?- SOCIAL (use additional sheets if n resume if available) 10. Voter registration no. ~ LICENSE NUMBER: ~ . -- RESUME OF EDUCATION AND EXPERIENCE: Yes~ No___ Do you serve on a City Board at present? Yes~ No~ PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT CEMETERY COMMITTEE ~ *CODE ENFORCEMENT BOARD -~ *CONSTRUCTION BOARD *PLANNING AND ZONING ~ HANDICAPPED COMMITTEE ~%ua~!~i~~ ~O~ou have to s~e o~thfs ~a~ ' ' 11. 12. 13. 14. 15. Are you a resident of the City? Length~of ReSidency Do you hold a public office? 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any one(s) you selected above? Yes ~ No I hereby certify that I am qualified to hold the position for which this application is made. Further,. I hereby authorize the · City of Sebastian to investigate the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the. City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance¥ misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related'to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. Subscribed and sworn to before.me this ~ day of ~0~t tl9~<~~, by ~,~ ~o~_9 ~ %_,~<..~0~_~ .,~ who is personally kn6~n' o me or has produce~ ~9~. ~(~&C~-~%'~, -~%-~'~w~ as identification. (SEAL) Name of Notary (l~rinted.or Typed) Commission No. \~plication City of Sebastian 1225 MAIN STREET- a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 MEMORANDUM DA~E: October 3, 1995 TO: Mayor, City Council FROM: Dorri Bosworth, Secreta .~ Planning and Zoning Commission REFERENCE: Riverfront Task Force At its regular meeting of September 21, 1995, the Planning and Zoning Commission discussed developing architectural standards for the Riverfront Task Force as suggested by City Council at its meeting of August 9, 1995. Mr. Goldstein made a motion that the Planning and Zoning Commission transmit to City Council the minutes of their discussion (attached) on the Riverfront Task Force and the following message: The Planning and Zoning Commission respectfully declines to participate in a Riverfront Architectural Standards Document pursuant to the Comprehensive Plan - Goals, Objectives, and Policies; Objective 1-1.2 and Policy 1-1.2.4. The Planning and Zoning Commission strongly urges that City Council refrain from piece-meal strategies on the riverfront and proceed with all possible expedience the final review and adoption of a comprehensive and well-integrated plan for the Riverfront District. Mr. Schulke seconded the motion. A roll call was taken, and the motion was approved 7-0 by all members. PLANNING AND ZONING COMMISSION REGULAR MEETING OF SEPTEMBER 21L_.1995 PAGE FOUR Mr. Fischer suggested at a future meeting that the language of the minor modifications to site plans be looked at with more detail and any conflict be resolved. DISCUSSION - RIVERFRONT ARCHITECTURAL REVIEW BOARD Chmn. Thompson reviewed that at its August 9th meeting City Council discussed establishing a Riverfront Task Force to come up with architectural standards for riverfront development and questioned if the Planning and Zoning Commission would like the responsibility? Mr. Goldstein discussed his feelings regarding the time Planning and Zoning has already spent on the Riverfront Development and the lack of anything being done. He reviewed the Sebastian Architectural Review Ordinance dated/revised 3/19/90 and reminded the Board of Policy 1-1.2.4 of the Comprehensive Plan (Goals, Objectives, and Policies) which states the direction the City would like to take the Riverfront Development. He stated he does not like to see the riverfront being developed in a piece-meal way and that City Council needs an integrated plan. He would not like to see the Planning and Zoning Commission take responsibility. Ms. Kilkelly stated she would like to see Planning and Zoning accept the task but, develop the architectural standards in a modified form. She liked the format of the Wabasso Corridor Plan. She suggested creating an "overlay district" which would keep the requirements of the "core" zoning district such as GMC and then super-impose special requirements just for the riverfront. If the Board came up with a plan similar to the Wabasso Plan, permitted and conditional uses, suggested architectural designs, and the like could be listed within that document. Mr. Fischer was in favor of attempting the task but has concerns about restricting types of allowed businesses. He felt the Board should only look at architectural suggestions but didn't know how to enforce existing buildings to adhere to those suggestions too. He did agree with Mr. Goldstein that the Riverfront Development should be done all together and not piece-mealed. Mr. Johns and Mr. Barnes also agreed with Mr. Goldstein. Mr. Barnes stated that alot of time has been already been spent on the Riverfront, but now that the Block Grant for the Riverfront Redevelopment is approaching someone has to do something and he wouldn't mind if Planning and Zoning approache~ it. Chmn. Thompson did not want to see the suggested standards become a~heme ordinance. PLANNING AND ZONING COMMISSION REGULAR MEETING OF SEPTEMBER 21~ 199~ PAGE FIVE Mr. Barnes felt the Board should ask City Council to be more specific in what they actually wanted. Mr. Fischer suggested the City Council revisit the Riverfront Study to determine if that is what they wanted or would like anything changed. Mr. Goldstein made a motion that the Planning and Zoning Commission transmit to City Council the minutes of this discussion on the Riverfront Task Force and the following message: The Planning and Zoning Commission respectfully declines to participate in a Riverfront Architectural Standards Document pursuant to the Comprehensive Plan - Goals, Objectives, and Policies; Objective 1- 1.2 and Policy 1-1.2.4. The Planning and Zoning Commission strongly urges that City Council refrain from piece-meal strategies on the Riverfront and proceed with all possible expedience the final review and adoption of a comprehensive and well-integrated plan for the Riverfront District. Mr. Schulke seconded the motion. Roll call was taken. Chmn. Thompson Mr. Goldstein Ms. Brantmeyer Mr. Barnes Mr. Johns Mr. Fischer Mr. Schulke YES YES YES YES YES YES YES The motion was approved 7-0. DISCUSSION - QUASI-JUDICIAL PROCEDURES Mr. Williams reviewed the change to the Florida Statutes regarding ex-parte communications, site visits, investigations, and expert opinions used in quasi-judicial matters. According to the new statutes, each member must disclose any site visits, investigations, etc. at each quasi-judicial hearing. The attorneys also streamlined the procedures so that the applicant and affected parties were questioned by both proponents and opponents at one time. Ms. Kilkelly noted that Section $ requiring any person who wanted to make a presentation or comment on any item needed to sign up with the City Clerk's office prior to the hearing. This should be re-written. Mr. Fischer questioned if the Board was bound to allow public input, as in Section 2(j)? Previously, the Board had voted to~ allow public input only at the Board's discretion for site plan/ reviews. Mr. williams stated any member of the public could spea~, lowed" "where public comment is al as it stated in that subsection. -.-.~ City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Brian E. Barry, Airport Lease Approval For Submittal By: City Manager AGENDA NO. Dept. Origin: City Manager Date Submitted: 09/18/95 For Agenda Of: 09/-2q-/~ Exhibits: -Resolution R-95-58 -Planning and Zoning Recommendation - Proposed Airport Lease Between the the City of Sebastian & Brian E. Barry EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY During the regular scheduled City Council Meeting of August 10, 1994, the City Council approved the proposed Airport Lease between the City of Sebastian and Brian E. Barry, pending Planmng and Zoning review and subject to suggested lease document amendments from the City Attorney. The attached proposed lease was prepared by the City Attorney and the applicant has received approval from the Planning and Zoning Commission. A copy of the Planning and Zoning recommendation is also attached. RECOMMENDATION Adopt Resolution R-95-58 and authorize the City Manager to execute and the City Clerk to attest the proposed Lease Agreement between the City of Sebastian and Brian E. Barry for three (3) acres of land at the Airport as depicted on Schedule "A" of the proposed lease>~... City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 September 19, 1995 Mr. Brian E. Barry Aerotrace 166 Abeto Terrace Sebastian, FL 32958 Reference: Site Plan Approval Dear Mr. Barry Please be advised, that on September 6, 1995, the Planning and Zoning Commission of the City of Sebastian Approved your Site Plan for the Sebastian Airport subject to the following conditions: Lighting in parking areas required and must be FAA approved. Well must be moved east - behind front building line. Compliance with Minimum requirements for perimeter landscaping (staff to evaluate existing undisturbed area and buffer strips at the time of the final inspection and note any additional needed). ROad must be: completed (by City) prior to Certificate of Occupancy. Sincerely, _. Dorri Bosworth/ - Secretary, Planning 'and Zoning Commission dc SCHEDULE . "B" This Schedule is a part of that certain Lease between the CITY OF SEBASTIAN and dated for leased premises at the Sebastian Municipal Airport. Listed below are the description of each improvement to be constructed by Tenant on the leased premises and the required dates of commencement and dates of completion for each such improvement: ~DescriptioD of IDprov.¢~ent Two Airplane Hangars which are 18.5' in height with a minimum floor area of 3,000 square feet each. The Hangars should also have an additional 720 square foot area as office, bathroom with customary fixtures, and storage space under air conditioning. Each Hangar shall have a wooden deck with an area of 280 square feet and a 1,250 square foot concrete apron. The buildings, decks and concrete aprons shall be built in accordance with the site plan which is in effect on the date of construction. All of the foregoing improvements shall be considered buildings, structures or fixtures and shall become the property of the Landlord upon termination of the lease, in accordance with paragraph six. Date of Comme. ncement Sixty days after the City Manager furnishes written notice to the Tenant that road access is available. Date of Completion TENANT: CITY OF SEBASTIAN A Municipal Corporation existing under the laws of the State of Florida Brian E. Barry ATTEST: Joel L. Koford City Manager Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Clifton A. McClelland, Jr. City;-.Attorney RESOLUTION NO. R-95-58 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN A/RPORT LEASE AGREEMENT BETWEEN ~ CITY OF SEBASTIAN AND BRIAN E. BARRY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, after reviewing the proposed Lease Agreement for Brian E. Ban-y, Individual, for its approval, has determined that it is in the best interest of the City to enter into the Lease Agreement with Brian E. Barry, whereby the City shall lease certain real proper~3~ located at the Sebastian Municipal A~or~ to Brian E. Ba~. NOW, THEREFORE, BE IT RESOLVED BY TI~ CITY COUNCiL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The City Manager is authorized to execute and the City Clerk to attest, on behalf of the City, the proposed Lease Agreement which is attached to this Resolution as Exhibit "A" and by this reference is incorporated hereto. Section2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 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. EFFECTiVE DATE, This Resolution shall take effect immediately upon its adoption.The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firton Vice Mayor Carolyn Corem Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwfi~t 2 The Mayor thereupon declared this Resolution duly passed and adopted this day of ,1995. CITY OF SEBASTIAN, FLORIDA ATTEST: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney AIRPORT LEASE THIS LEASE, made and entered into this 27th day of September, 1995, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and BRIAN E. BARRY, (hereinafter referred to as the "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties". WITNESSETH: WHEREAS, the Landlord is the owner of certain property l$cated in the County of Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the certain property is also available for use for those activities consistent with or in support of aviation activity; and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agr~ follows: 1. RECITALS. The above stated recitals are hereby incorporated by reference in this Lease Agreement. 2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, the Landlord leases hereby to the Tenant and the Tenant rents hereby from the Landlord that portion of the real property of the Landlord which is described more particularly on Schedule "A" annexed hereto and made a part hereof by reference (hereafter referred to as the "leased premises"). 3. TERM OF LEASE. The term of this Lease shall be for a period of twenty (20) years commencing sixty (60) days after the date the Tenant executes this Lease and will end on the twentieth (20th) anniversary of such date. So long as the Tenant is not in default of any term, condition or covenant provided in this Lease Agreement, including any addendum hereto, the Tenant shall have the option to renew this Lease for one (1) additional twenty (20) year term (the "Option Term") by providing the Landlord with written notice of the Tenant's decision to exercise his option no less than one hundred eighty (180) days and no more than two hundred ten (210) days prior to the expiration of the initial term of this Lease. All other provisions of this Lease Agreement shall apply during the Option Term; provided, however, the yearly rent during the Option Term shall be in an amount determined by the Landlord by and through the City Council of the City of Sebastian, including the method for calculating annual adjustments thereto. NT. The parties agree that the rent, payable by the Tenant, during the term of 2 this Lease shall be as follows: (a) For the leased premises the yearly rent shall be one thousand two hundred dollars ($1,200.00) per acre. The Landlord recognizes that the purchasing power of the 'United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In July of 1996, 2001 and every five (5) years thereafter the Landlord will compare the base price index for December of 1991 and the yearly rent mount shall be increased (or decreased) on December 1, 1996, and every five (5) years thereafter in the same proportion as said July index has increased (or decreased) over (or under) the price index for December, 1991, or for December, five (5) years earlier. In no event, however, shall the rent decrease below the sum of $1,200 per acre. (b) Time of the essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that time of payment of performance is of the very nature and essence hereof. (c) Default in rent. If any of said sums of money herein required to be paid by the Tenant to the Landlord shall remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) Total acceleration. To accelerate the maturity of the rent installments for the balance of the tenn. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and u'ansmitted to the Tenant notifying him of the intention of the Landlord to declare all unmamred rent installments presently due and payable. (2) Partial acceleration. In lieu of the option in Sub-paragraph (1) ab~.x 3 the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies. In addition to the option herein granted above, the Landlord may exercise any and all other options available to it hereunder, which options may be exercised concurrently or separately with the exercise of the abox~e options. (d) Default in Crovisions. If the Tenant shall default in the performance of any other term of this Lease (except the payment of rent), the Landlord, or its agent or employee, shall send to the Tenant a written notice of default, specifying the nature of the default, and the Tenant shall, within thirty (30) days after the date of said notice, cure and remedy said default, whereupon this Lease shall continue as before. If the Tenant shall fail to cure and remedy such default within said time, the Landlord shall have the right to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder, including, but not limited to, those remedies, procedures and rights specified in the other paragraphs of this Lease. (e) applicable. (f) sta!!rnents, In addition to the rental amount, the Tenant shall pay Florida sales tax, if The above rental for the leased premises shall be payable in advance, in commencing fi.om the date of commencement of this Lease, as described 4 in Section 2 (above) and on a like day of every month thereafter during the term of this Lease. 5. FUEL FLOWAGE FEE. (a) In addition to the rent due hereunder, the Tenant and any sublessee of Tenant, shall also pay to the Landlord the following sums, which shall not be rent for the leased premises, but shall be collected by the Landlord from the Tenant, and any sublessee of the Tenant, at the time of delivery at the Airport: Two cents per gallon on all aviation fuels delivered to the Tenant, or to any sublessee of the Tenant, at the Airport (the preceding charge per gallon shall be subject to change at any time by Landlord as determined by resolution of the City Council of Sebastian. Such change shall become effective immediately upon delivery of written notice thereof to Tenant). (b) The Tenant and any sublessee of the Tenant shall furnish to the Landlord written detailed monthly statements showing the total mount of aviation fuels delivered to the Tenant, or any sublessee of the Tenant, at the Airport. Said statements shall be furnished no later than the 15th day of each month during the time this Lease shall be in force. The Tenant agrees, both on behalf of itself and any sublessee of the Tenant, that said amounts may be collected by the Landlord from the Tenant, or any sublessee of the Tenant, in the same manner as rent. (c) The monthly statements referred to in the foregoing subparagraphs pertain only to operations conducted at the Airport and exclude any operations of the Tenant, or any sublessee of the Tenant, conducted at other locations. (d) The Tenant, or any sublessee of the Tenant, shall further retain upon the leased premises all delivery bills, invoices and related records pertaining to all aviation fuels delivered to the Tenant, or to any such sublessee, and shall produce and make available such books and records upon request by the Landlord for the purpose of auditing payments to the Landlord as provided hereinabove. Such books, records and other documents shall be made available for inspection to representatives of the Landlord within 15 days of written notice to the Tenant or any sublessee of the Tenant. If said inspection reveals that payments to the Landlord are in error, by more than 2%, then Tenant shall pay the additional amount owing to Landlord plus all costs of said inspection. 6. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the purposes described in Paragraph 7 below, and that in order to utilize the leased premises for this purpose, it will be necessary to erect thereon a building and other improvements, to be constructed by the Tenant upon the leased premises at the Tenant's sole cost and expense and to comply with all applicable rules, laws, regulations and requirements pertaining thereto. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 7 hereof, and shall have the right to construct upon the leased premises any buildings or other structures described in this Agreement, provided any such buildings or structures do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the FAA prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local ~ 6 and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration ("FAA"). (b) The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such buildings or structures. (c) In order to confmn sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect rifle to said improvements. The Tenant agrees 'that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. All buildings, structures and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be leit in good condition and repair, ordinary wear and damage by the elements excepted. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non-fixture personalty owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all such personalty, provided the Tenant is not then in default of any covenant or condition of this Lease, otherwise all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at its expense. (d) In the event the Tenant is prohibited from obtaining a building permit or license to construct the improvements described below, within ninety (90) days from the date hereof, from the appropriate governmental authorities having jurisdiction over the leased premises, for reasons not caused by and beyond the control of the Tenant, this Lease shall be null and void and the Landlord and the Tenant shall have no obligation toward each other except as otherwise provided herein. (e) Attached hereto as Schedule "B" is a description of all improvements to be constructed on the leased premises by Tenant, including the date of commencement and completion required for each improvement. In the event that such improvements are not commenced on the applicable date set forth in Schedule "B", and thereafter completed on the applicable date set forth in Schedule "B", Landlord shall have the option to terminate this Lease and have no further obligations to Tenant hereunder. Such option shall be exercised within a reasonable time by written notice to Tenant. 7. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. The Tenant agrees that the leased premises shall be used 8 by the Tenant solely for the following purposes or uses: Aircraft Refurbishing and Rebuilding Any use of the leased premises other than those specifically stated above are expressly prohibited. No other use may be conducted by the Tenant without the express whtten consent of the Landlord. Such consent may be withheld by the Landlord for any reason. 8. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located or any part hereof thereon during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof) and the parking and service areas located on the leased premises, in a good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises be kept in an attractive manner at all times. Upon obtaimng the prior written consent of the Landlord, which consent may be withheld for any reason, the Tenant, upon completion of the original improvements, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 9. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, janitor service or any other utility or service consumed in connection with the leased premises. The Landlord shall have no liability for the failure to procure or the interruption of any such services or utilities. 10. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 11. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefor shall be provided to the Landlord upon request. 12. INSURANCE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, public liability and property damage insurance coverage with respect to the leased premises, including those portions of the said premises used for driveways, walkways, and parking areas. The insurance coverage to be maintained by the Tenant shall contain limits of not less than $500,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident, together with $500,000.00 for damage to property. (Tenant agrees that Landlord may alter the minimum mounts stated in the preceding sentence during the term of this Lease by resolution of the City Council of the City of Sebastian. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately.) Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph 12 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 13. FIRE AND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of fire and extended coverage insurance as the Landlord deems necessary and appropriate. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the buildings 11 ~ and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. All policies described in this Paragraph 13 shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 14. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER CASUALTY. In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80% of the principal building, if any, is unusable. In the event the Tenant elects to repair and/or replace the building and other improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have any responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. Provided, however, that all repaired and/or replaced other improvements are repaired/replaced in a manner equal to or better than the 12 building/improvement being repaired or replaced. (a) If the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Landlord shall have two options: (1) To continue to Lease; if the Landlord elects to continue the Lease, the Landlord shall be entitled to any of the insurance proceeds on account of such damage and/or destruction, such proceeds to be the sole property of the Landlord; or (2) To cancel the Lease; if the Landlord elects to cancel the Lease, the Landlord shall be entitled to that portion of the insurance proceeds paid as a result of damage and/or destruction to the building and other improvements on the leased premises, the Tenant shall be entitled to the remainder, if any, of the insurance proceeds. (b) In the event the Tenant, under its option, elects not to repair and/or replace the building and improvements upon the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the damaged or destroyed building and improvements and all rubble or debris resulting therefrom. 15. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord hanrdess from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph 15 shall survive the termination or cancellation of the Lease. 16. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of (I) any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant or its sub-Tenants. This Paragraph 16 shall sm'wive the termination or cancellation of the Lease. 17. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those specific purposes identified in Sections 6/7 of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 18. LANDING FEES. Landing or any other type of use ofnmway fees are specifically prohibited by this Agreement, so long as all other tenants of the property owned by the Landlord located at the Airport are prohibited from charging any such fees, as the use of the A/rport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 19. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the ~ 14 operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 20. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, building and/or improvements on the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 21. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; 15 Lease; (c) The Tenants failure to pay any consideration, to the Landlord, required by this (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenants abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its fmancial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assigmnent for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County. Each party covenants and agrees that it has no power to incur any indebtedness giving a fight to a lien of any kind or character upon the fight, title and interest of the other party in and to the property covered by this Lease, and that no party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission ~ 16 of said other party. All persons contracting with the Tenant or famishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises, a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof; (I) The liquidation, termination, dissolution or (if the Tenant is a natural person) the death of the Tenant or all Guarantors of the Tenant's obligations hereunder; (j) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant submits, more than two times during the Lease term, a statement of aviation fuel sales that understates actual such sales by five percent (5%) or more; (1) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts a through k above. Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days, from behalf of Tenant. The facilities, buildings, edifices, etc. shall then become the property of the Landlord. 26. HEIGHT RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, roles and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere w/th or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight m the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 27. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant an~ovenant running with the land that (I) no person on the grounds of religion, 20 gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breack, the Landlord shall then have the fight to terminate this Lease and to re-enter and repossess said land and improvements thereon. Landlord represents and warrants that the leased premises is zoned Airport Industrial (Al), pursuant to the applicable governmental ordinances. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any stun or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, eamings and profits from the leased premises as additional security to the Landlo3d for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the fights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. Despite any provisions in this paragraph which is or may appear to be the contrary, Landlord acknowledges that the lien of the leasehold mortgage upon Tenant's revenues, income, rents, earnings and 22 profits as described above shall be recognized as superior to Landlord's lien. The Tenant acknowledges that the Landlord has adopted an Airport Master Plan and the Tenant covenants that he will use the leased premises to be consistent with the Airport Master Plan. The Tenant shall not allow its occupancy or use of the lease premises to constitute or become a public or private nuisance. 28. ENTIRE AGREEMENT. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and ail prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the pal-ties hereto. 29. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord, which consent may be withheld for any reason. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 30. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 23 31. APPLICABLE LAW/VENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. 32. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at thai and all appellate levels. 33. RECORDING. In n._9_o event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TENANT: CITY OF SEBASTIAN A Municipal Corporation existing under the laws of the State of Florida Brian E. Barry ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Joel L. Koford City Manager Clifton A. McClelland, Jr. City Attorney 24 SCHEDULE "A" This Schedule is a part of that certain Lease between the CITY OF SEBASTIAN and BRIAN E. BARRY dated for leased premises at the Sebastian Municipal Airport. LEGAL DESCRIPTION OF THE PROPERTY: FLEMING GRANT THAT CERTAIN PARCEL LYING IN SECTION 29 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID SECTION 29, RUN S44 21'28"E, 818.81 FEET ON SOUTHWEST BOUNDARY OF SECTION 29 OF CENTERLIN OF ROSELAND ROAD; THENCE N04 48'59"W, 514.65 FEET ON SAID CENTER_LINE; THENCE N89 50'46"E, 644.46 FEET; THENCE N00 09'14"W, 1156 FEET TO TRUE POINT OF BEGINNING; THENCE N89 50'46"E, 425.00 FEET TO A POINT WHICH LIES 75.00 FEET WEST OF THE CENTERLINE OF AN EXISTING AIRPORT T IWAY; THENCE N00 09'14"W, 307.00 FEET; THENCE S89 50'46"W, 425.00 FEET; THENCE SOO 09'14"E, 307.00 FEET TO TRUE POINT OF BEGINNING. CONTAINING 3.00 ACRES, MORE OR LESS. (LEGAL DESCRIPTION PROVIDED BY OTHERS.) 25 SCHEDULE "B" This Schedule is a part of that certain Lease between the CITY OF SEBASTIAN and dated for leased premises at the Sebastian Municipal Airport. Listed below are the description of each improvement to be constructed by Tenant on the leased premises and the required dates of commencement and dates of completion for each such improvement: Description of Improvement Date of Commencement Date of Completion Hangar Erection TENANT: CITY OF SEBASTIAN A Municipal Corporation existing under the laws of the State of Florida Brian E. Barry ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Joel L. Koford City Manager Clifton A. McClelland, Jr. City Attorney 26 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 Agenda Number: SUBJECT: 0-95-16 REZONING OF TRACT F IN SEBASTIAN HIGHLANDS UNIT 17 FROM PS TO RS-10 FIRST READING OF ORDINANCE) ) ) ) Approved For Submittal By: Dept. Origin: Community Development Date Submitted: For Agenda Of: Exhibits: 1. 2. 3. 4. 10/04/95 , 10/11/95 Ordinance 0-95-16 Application for Zoning Change Planning & Zoning recommendation dated 4/7/95 Area map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Application has been made by the Sebastian Church regarding Tract F, Sebastian Highlands Unit 17 to change the land use designation from INS (Institutional) to LDR (Low Density Residential) and to change the zoning from PS (Public Service) to RS-10 (Single Family Residential). At their regular meeting of April 6, 1995, the Planning and Zoning Commission held a public hearing and reviewed the applications for compliance with Sections 20A-11.6C and 20A-11.8C of the Land Development Code. The Commission's recommendation for approval is attached. At the regular meeting of April 26, 1995, City Council reviewed the requests, directed the City Attorney to draft the appropriate ordinances, and set the first public hearing for the land use amendment. The first reading and public hearing for Ordinance 0-95-15, the land use amendment, was conducted by City Council on June 14, 1995 and approved for transmittal to the Department of Community Affairs. DCA has returned our transmittal of this land use amendment and advised staff that state law has changed and no longer requires their review for amendments under 10 acres. Therefore, City Council may proceed with the adoption of both the land use and zoning amendments. Staff will schedule the second reading and public hearing on Ordinance 0-95-15 (the land use amendment) to coincide with the public hearing for Ordinance 0-95-16 (the zoning amendment). ~ Page 2 The City Attorney has drafted Ordinance 0-95-16 regarding the zoning amendment which is presented to City Council at this time for first reading. RECOMMENDED ACTION Move to approve the first reading of Ordinance 0-95-16 (zoning amendment) and set public hearing for November 1, 1995. ORDINANCE NO. AN ORDINANCE OF T~E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY DESCRIBED AS TRACT F, SEBASTIAN ~IG~LANDS UNIT 17 ACCORDING TO THE PLAT T~EREOF AS RECORDED IN PLAT BOOK 8, PAGE 46, FROM PS (PUBLIC SERVICE) TO RS-10 (SINGLE FAMILY RESIDENTIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES iN CONFLICT ~EREWIT~; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, the owner of the parcel of property described herein has petitioned the City of Sebastian for a change in the zoning of said property; and W/4EREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and W~EREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in Section 20A-11.6(c) of the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and W~EREAS, the City Council has made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Planl B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The land use and development conditions affecting this parcel have changed since the effective date of the existing regulations, as the parcel has been annexed into the City. The proposed use is compatible with adjacent land uses . E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any significant adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. I. The proposed use is in the public interest of the citizens of the City of Sebastian. NOW T~EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section l. PROPERTY. The change in zoning classification created by the adoption of this Ordinance shall apply to the following described real property: TRACT F, SEBASTIAN HIGHLANDS Unit 17, a subdivision according to the plat thereof as recorded in Plat Book 8, Page 46, of the Public Records of Indian River County, Florida. Section 2. DISTRICT. The real property described in this Ordinance is hereby rezoned from PS (Public Service) to RS-10 (Single-Family Residential). Section 3. ZONING MAPS. The official City Zoning Map shall be amended to reflect this change in zoning district. Section 4. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1995. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF , 1995. The foregoing Ordinance was Councilmember by Councilmember moved for adoption by The motion was seconded and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Ordinance duly passed and adopted this day of , !995.~ CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. 0'Halloran, CMC/~E <SEAL) Approved as to Form and Content: Clifton A. McCletland, Jr. City Attorney 4 I I I I I APPLICATION FOR ZONING CHANGE CiTY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT TELEPI[ONE: 589-5330 This application must be completed and returned, with ali enclosures referred to herein, to the Planning and Zoning Board S~cretary one week before the scheduled'meeting. This application will then be referred to the Planning and Zoning Board for study and recommendations. DATE RECEIVED, i~~zg-9-g DATE ACCEPTED, OWNER, . ~W~" PIIONE~ ADDRESS~ EX~STING ZONINC, PS LAND USE CLASSIFICATION~ PROPOSED USE, ~/ REASON FOR PETITION7 , ARE ANY STRUCTURES NOW LOCATED ON T}IE PROPERTY? REQUESTED ZONZNS, ~'- / 2~ ACRES TO BE RF. ZONED; THE FOLLOWING ATTACHMENTS SHALL ACCOMPANY THE APPLICATION, If the property in question is not owned by the applicant, a notarized Affidavit of. Ownership must ~accompany the application giving the consent of each owner to the applicant to apply for a land use change. 2) A copy of the owner's deed must accompany each copy Of this application. 3) ~.~ A certified survey of the area, if not platted. : '7 4) ~__~ The legal description of the parcel(s) proposed / to be rezoned'. 5) % A drawing or map showing the zoning classifications of all parcels of adjacent land within 300 feet of the subject property. (2) 6) : 7) Names and addresses of surrounding property owners w.ithin 300 ft of the boundary lines. A check, money order or cash in the amount of $ ~.&..~.O¢> made payable to the City of Sebastian. less than 5 acres 5 - 100 acres more than 100 acres $225.00 $500.00 $75O.0O FEE SCIIEDULE \~' (,lb,F I The undersigned understands that this application must be complete and accurate before consideration by the Planning and Zoning Board of the City of Sebastian. i, , ~ ,BEING FIRST DULY fiWORN~ DEPOSE AND SAY THAT~ I AM THE OWNER ~I AM T}IE LEGAL RESPRESENTATIVE OF TI{E OWNER OF THE PROPERTY DESCRIBED W~IIC~ IS TI{E SUBJECT MATTER OF THIS APPLICATION, T}IA'I' ALL 'P}{E ANSWERS TO T}[E QUESTIONS IN SAID APPLICATION AND ALL SKETC~IES AND DATA AND MATTER ATTACliED TO AND MADE A PART OF SAID APPLICATION ARE }{ONEST A 'ND 'I'~ TO T}IE BEST OF KNOWLEDGE AND BELIEF. ~~~.~~/~-~/ SIGNATURE SWORN TO AND SUBSCRIBED BEFORE ME, TI{IS NOTARY: Z/,sr DAY oF ALL APPLICANTS ARE ENCOURAGED TO SCHEDULE A PRE-APPLICATION CONFERENCE T}IROUGIi T~[E PLANNING AND ZONING STAFF SECRETARY PRIOR TO T~[E APPLICATION TO RESOLVE OR AVOID PROBLEMS CONNECTED WITIi TIlE PROPOSAL. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 ME M O RAND U M DATE: TO: FROM: REFERENCE: April 7, 1995 Mayor, City Council Dorri. Bosworth, Secreta~~ .' Planning and Zoning CommIssion Proposed Zoning and Land Use Change At its regular meeting of April 6, 1995, the Planning and Zoning Commission passed a motion to recommend to City Council to approve a Zoning change from PS (Public Service) to RS-10 (Single-Family Residential), and a Land Use change from INS (Institutional) to LDR (Low Density Residential) for Tract F of Sebastian Highlands Unit 17. The applicant is the Sebastian Christian Church. The proposed change in zoning and land use will allow for possible future sales of property, which in turn will be used to fund their new church. TRACT City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 SUBJECT: FIRST READING OF ORDINANCE 0-95-18 REZONING FISCHER PROPERTY FROM COR TO CL Approved For Submi.~t~By: City Manag~.~"~~. Agenda Number: Dept. Origin: Community Development Bate Submitted: 10/05/95 For Agenda Of: 10/11/95 Exhibits: 1. Ordinance 0-95-18 2. Applicatidn for Zoning Change 3. Planning & Zoning recommendation dated 4/21/95 4. Area map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT An application has been submitted by Mr. Carl A. Fischer regarding a portion of his property located at the south corner of U.S. Highway ~1 and Old Dixie Highway to change both the land use and zoning designations from COR (Commercial Office Residential) to CL (Commercial Limited). At their regular meeting of April 20, 1995, the Planning and Zoning Commission reviewed the applications for compliance with Sections 20A-11.6C and 20A-11.8C of the Land Development Code. The Commission's recommendation for approval is attached. At the regular meeting of May 10, 1995, the City Council reviewed the requests, directed the City Attorney to draft the appropriate ordinances and set the first public hearing for the land use amendment. The first reading and public hearing for Ordinance 0-95-17 (the land use amendment) was conducted by City Council on June 28, 1995 and approved for transmittal to the Department of Community Affairs. DCA has advised staff that because of changes in state law, they are no longer required to review amendments under 10 acres. Therefore, City Council may proceed with 'the adoption of both the land use and zoning amendments. Staff will schedule the second reading and public hearing on Ordinance 0-95-17 (the land use amendment)to coincide with the public hearing for Ordinance 0-95-18 (the zoning amendment). ////~c---~ Page 2 The City Attorney has drafted Ordinance 0-95-18 regarding the zoning amendment which is presented, to City Council at this time for first reading. RECOMMENDED ACTION Move to approve the first reading of Ordinance 0-95-18 (zoning amendment) and set public hearing for November 1, 1995. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF .584 ACRES, MORE OR LESS, LYING WEST OF U.S. HIGHWAY 1 AND SOUTH OF OLD DIXIE HIGHWAY, FROM COR (COMMERCIAL OFFICE RESIDENTIAL) TO CL (COMMERCIAL LIMITED); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the parcel of property described herein has petitioned the City of Sebastian for an amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in Section 20A-ii.6(c) of the Land Deve!ooment Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformiuy with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The land use and development conditions affec5ing this parcel have changed since the effective date of the existing regulations, as the parcel has been annexed into the City. The proposed use is compatible with adjacent land ~ses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any significant adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on'the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. !. The proposed use is in the public interest of the citizens of the City of Sebastian. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this Ordinance shall apply to the following described real property: A parcel of land lying in the northwest 1/4 of Section 17, Township 31 South, Range 39 East, Indian River County, Florida, being more particularly described as follows: Commence at the intersection of the West right of way line of U.S. Highway One (a 120 foot wide right of way) and the North line of Sebastian Highlands, Unit 7, as recorded in Plat Book 6, Page 6 of the Public Records cf Indian River County, Florida; thence N 25°22'17" W along said west right of way of U.S. Highway One a distance of 579.35 feet to the point of beginning; thence S 65037'43" ~~stance of 65.00 feet; thence N 71016'00" W a distance of 79.88 feet; thence N 3!°58'31'' W a distance of i70.22 feet to the South right of way line of Old Dixie Highway (a 50 foot wide right of way); thence N 76°26'37'' E along said South right of way line a distance of 145.01 feet ko the aforesaid West right of way line of U.S. Highway One; thence S 25°22'17" E along said West right of way tine a distance of !95,00 feet to the point of beginning. Containing 0,584 acres more or less. Section 2. DISTRICT. The real proper~y described in tkis Ordinance is hereby rezoned from COR (Commercial Office Residential) to CL (Commercial Limited). Section 3. ZONING MAPS. The official City Zoning Map shall be amended to reflect this change in zoning district. Section 9. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVEP~tBILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section ~. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1995. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, ON SECOND AND FINAL READING, THIS FLORIDA, DAY OF ~ 199S. The foregoing Counci!member Ordinance was moved for adoption by The motion was seconded by Counci!member inso a vote, the vote was as follows: and, upon being put Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1995. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Ar5hur L. Fir~ion, Mayor Kathryn M. O'Hailoran, CMC/AAE (SEAL) Approved as to Form and Content: Clifton A. McCle!!and, Jr. City Attorney APPLICATION FOR ZONING , .~ANGE CITY OF SEBASTIAN PLANNING AND ZONING DEPARTMENT TELEPllONE: 589-5330 This application must be completed and returned, with ali enclosures referred to betel:l, to the Planning and Zoning Board S~cretary one week before the scheduled meeting. This application will then be referred to the Planning and zoning Board for study and reconunendations. '~./. !.~-~ ~' ~--- DATE ACCEPTED, DATE RECEIVED: APPLICANT: Carl A. Fischer PltONE, .589-8088 ADDRESS: 10741 US-I~ Sebastian, FL 32958 OWNER: Sam.e,.,as. App.1 icant ?tiONE ~ ADDRESS: EXISTING ZONING~ Cornme~ical mr Re.~identi~EQUESTED ZONING.. Enmm~inml I~m~t~d LAND USE CLASSIFICATION~ EXISTING USE~ Con~ericaL0ffic~ and R~turant PROPOSED USE: for this use. ACRES TO BE REZONED: 1 acre +/- C0R does not allow Resturants to use more than. 40% of 1st floor ARE ANY STRUCTURES NOW LOCATED ON TIlE PROPERTY? YeS TIlE FOLLOWING ATTACHMENTS SIIALL ACCOMPANY THE APPLICATION~ 1) 2) X 3) X 4) X If the property in question is not owned by the applicant, a notarized Affidavit of Ownership must accompany the application giving the consent of each owner to the applicant to apply for a [and use change. A copy of the owner's deed must accompany each copy of this application. A certified survey of the area, if not platted. The legal description of the parcel(s) proposed to be rezoned. 5) A drawing or map showing the zoning classifications of all parcels of adjacent land within 300 feet of the subject property. (2) 6) X Nomes a.d addresses of surrounding property owners w.ltllil) .300 ft of tile boundary lines. 7) X A check, money order or cash in the amount of $~.~ made payable to the City of Sebastian. FEE SCIIEDULE less than 5 acres 5 - 100 acres .lore than 100 acres $2.25.00 $500.00 $75O.00 m '['tie ur~dersigned understands that this application must be complete a.d accurate before consideration by the Planning · a.d Zoning Board of the City of Sebastian. STATE OF Florida COUNTY OF Indian Riv~er I, Carl A. Fischer ,BEING FIRST DULY SWORN. DEPOSE AND SAY THATr XXX I AM TIlE OWNER I AM 'FILE LEGAL RESPRESENTATIVE OF TIlE OWNER OF 'FILE PROPERTY DESCRIBED WIIICll IS TIlE SUBJECT HATTER OF THIS APPLICATION, 'FIIA'[' ALL TIlE ANSWERS TO TIlE QUESTIONS IN SAID APPLICATION AND OF SAID APPLICAFION ARE IiONEST AND TR~E TO TIlE BEST OF MY,' SIGnaTUrE Car] A. Fischer SWORN TO AND SUBSCRIBED BEFORE ME, Tills /~ DAY "' '~ .... SHERY[.)ANNE FOY ~*'.' {~i~ i*'.-- MY COMMISSION # CC407882 ~XPiRES t~..'~..- November ~. i 998 ALI. APPLICANTS ARE ENCOURAGED TO SCIIEDULE A PRE-APPLICATION CONFERENCE 'I'IIROUG)~ TI~E PLANNING AND ZONING STAFF SECRETARY PRIOR TO 'l'l~E APPLICATION TO RRSOLVE OR AVOID PRODLEMS CONNECTED WIT)! THE PROPOSAL. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: April 21, 1995 MaYor, City Council Dorri Bosworth, Secretar~~ Planning and Zoning Commission Proposed Zoning and Land Use Change At its regular meeting of April 20, 1995, the Planning and Zoning Commission passed a motion to recommend to the City Council to approve a request for a Zoning and Land Use change from COR (Commercial Office Residential) to CL ( Commercial Limited) for a piece of property, approximately a 1/2 acre in size located at the southwest corner of Old Dixie Highway and U.S. Highway #1. The change in zoning and land use would allow for expansion of the existing restaurant, currently able to occupy not more than 40% of the building's 1st floor. The Planning and Zoning Commission reviewed the proposal in accordance with Section 20A-11.6C and Section 20A-11.8C of the Land Development Code and found it met all criteria. Their recommendation includes that the applicant adjust the legal description of the parcel so that the conditional use criteria for restaurants in the proposed CL zoning and land use can be complied with (Section 20A'6.1C(26)b(1) and b(2)). CITY LIMITS ViCI<ERS Co~ CITY LIMITS GROVE LDR STORMWATER MANAGEMENT (TRACT A) City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: REQUEST FOR TIME EXTENSION REGARDING FISCHER ISLAND SUBDIVISION Approval for Sub~: ) Dept. Origin: Community Development ) ) ) Date Submitted: 10/5/95 ) ) For Agenda Of: 10/11/95 ) ) Exhibits: ) ) Application for time extension ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT This department has received an application for a time extension for Fischer Island Subdivision which is directly north of San Sebastian Springs West Preliminary Subdivision. The original Subdivision Plat was approved March 28, 1990 and a modification was approved on September 9, 1992 for a pedestrian bridge over the Sebastian River. As previously stated, this subdivision is north of San Sebastian Springs West and relies on the construction of the subdivision to the south in order to provide access to this area. Section 20A-16.4E would allow the City Council to consider this request and extend the prescribed time period up to (18) eighteen months if the applicant presents evidence which demonstrates that the applicant has progressed in good faith toward implementing the Preliminary Plat. Based on my observations of this area, it appears that Mr. Fischer is now proceeding to finish this subdivision in accordance with the approved plans. Pa~ 2 RECOMMENDED ACTION Move to approve a time extension of (18) eighteen months for Fischer Island Subdivision. CSHEET02.WP I I I I I I I I I I I I i I I I i i CITY: OF SE]3RSTTF~I'I APPLICATION FOR ~ SUBDIVISION CiTY OF SEBASTIAN 1225 MAII~ STREET SEBASTIAN, FLORIDA 32958 TELEPHONE ~ 589-5537 Application No: Owner Henry A. Fischer Address 10729 US-l, Sebastian, FL 32958 Date Phone 589-3159 Subdivision Name Section'1 14 Township 31 · ..-.-: Project Surveyor Fowler Land Surveying Project Engineer Mosby and Associates Fischer Island Subdivision Range 39 FlaState~ on file Fla~tate~ on file Zoning Classification Development Site Size 51 Proposed Units per Acre 2 RS-20 Land Use Low Density Acres Minimum Lot Size 20,000sqft Number of Lots 44 The following attachments shall accompany this application: A copy of the Owner's Recorded Deed. · If applicant is other hhan the owner, a sworn statement of authorization is required. Twelve (12) copies of all plans. (Three initially for review purposes. Final plat requires compliance with Section 20A-16.3 of the Land Development Code, City o~ebastian. Existing legal description. SIGNATURE OF APPLICANT FEE SCHEDULE RESOLUTION NO. R-88-06. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: TIME EXTENSION FOR SAN SEBASTIAN SPRINGS WEST PRELIMINARY SUBDIVISION Approval for Submittal By: City Manager ) Agenda Number: ~/7 7 ) ) Dept. Origin: Community Development ) ) ) Date Submitted: 10/5/95 ) ) For Agenda Of:. 10/11/95 ) ) Exhibits: ) ) Application for Preliminary Plat ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT This department has received a request from Eenry A. Fischer to extend the time on the previously approved San Sebastian Springs West Preliminary Subdivision Plat. This subdivision has had several previous time extensions in the past and their current deadline is 8/23/95. The applicant did submit prior to this deadline an application for time extension for this and Fischer Island Subdivision which is also on the agenda. San Sebastian Springs West will inter-connect with Fischer island. This site was previously used for Mr. Fischer's mulching facility and has since been removed in accordance with the City Council's decision not to issue a further Special Use Permit. Section 20A-16.4E would allow the City Council to consider this request and extend the prescribed time period up to (18) eighteen months if the applicant presents evidence which demonstrates that the applicant has progressed in good faith toward implementing the Preliminary Plat. Based on my observations of this area, it appears that Mr. Fischer is now proceeding to finish this subdivision in accordancewith~_~k~ approved plans. Page 2 ,9f.,2 RECOMMENDED ACTION Move to approve a time extension of (18) eighteen months for San Sebastian Springs West. CSHEET01.WP APPLICATION FOR ~RELIMINARY ~LAT FO~ MAJOR ~UBDIVIS ~ ~,:'~ ~. _ ~ ~ ~>~ :~ ~ >,...,, ~'> ~'~h ...... ~' ~: ~ . '~"~" ~ ' .x .,~ Application Number Date ,.~~ Owner Henry. A. Fischer Address 10729 US-~ Sebastia~ F~a '~3~ Subdivision Name San Sebastia_n__S~_rin_a~_W_est Section 23 Township Projmct Surveyor James Fowler Project Englneer__Mo_s_b~ & Associates Zoning Clasgification RS-20 Development ~it~ 9i~e__80 Ranqe_~ ........ Florida 9tats Florida State ~_~[3_~a___ Land Os~ Designation_o_n_£i]~_ s~rem Minimum Lot Proposed Units Per Acrs on file No. ef Lo{'s on Will development be in Dhases? No The followin~ attachments ~hall accompany this application: 1- A copy ~f the ownmr'~ recorded deed. 2. If applicant im other than the owner, a sworn statemmnt of autho~ization t~ required. 3. Twelve copt~s of all plans. Pr~liminary plat requires compliance with Sec- 20A- 16.4 (B) of the Land Development Code, City of ~. Existing legal description../ <~"~10.~ FEE SCHEDULE soo. O0 {?~ &. 750, O0 ~ ri Les~ than lO acres 10 acres to ~5 acres 25 acre~ to ~O acres Ovmr 80 acres 15.00/acre Planning and Zoning review date Board Rmcommendakion