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01101990
City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 AGENDA SEBASTIAN CI~ COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 10, 1990 - ?:00 P.M. CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 3. INVOCATION - Rabbi Jayr. Davis - Temple Beth Shalom 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. CONSENT AGENDA Approval of Minutes - 12/13/89 Regular Meeting, 12/28/89 Special Meeting, 1/3/90 Special Meeting 90.001 B. Request for Community Center - Sebastian River Shrine Club - Annual Charter Party - 4/7/90 - 6:30 p.m. to 10:30 p.m. - A/B 90.002 C. Faith Baptist Church Mission - Request for Fee Waiver for Permit Fees for Renovation - 119 Bob Circle (Staff Recommendation dated 12/20/89, Letter from M. Hunnicutt dated 12/18/89) 1 90.003 90.004 90.005 90.006 90.007 90.008 90.009 90.010 90.011 90.012 Fe First Presbyterian Church of Sebastian - Request for Fee Waiver for Minor Site Plan Application Fee (Staff Recommendation dated 12/16/89, Letter from P & Z dated 12/13/89, Letter from R. Wannop and R. Keel dated 11/29/89) St. Sebastian Catholic Church 7th Annual Festival - Request for Fee Waiver (Staff Recommendation dated 1/3/90, Letter from Dernbach dated 12/29/89) Bid - Public Works 3/4 Ton Heavy Duty Pickup - Reject Bid from Sunrise Ford for 812, 789.00 and Purchase via State Contract - Duval Ford, Jacksonville - 811,754.00 (Staff Recommendations dated 12/12/89 and 12/13/89, Bid Tabulation Form) Bid Award - Public Works 1/4 Ton Small Hardbody Pickup - Treasure Coast Nissan, Vero Beach - S8,746.56 (Staff Recommendation dated 12/12/89, Bid Tabulation Form) Bid Award - Golf Course Top Dresser - Waiver of Bid Informalities - Accept Late Bid - DeBra Turf & Equipment Co., Ft. Lauderdale - $7,565.00 (Staff Recommendation dated 12/28/89, Bid Tabulation Form) Waiver of Bid Procedure - Golf Course Injector System - Approve Purchase as Sole Source - Cross Equipment Co., inc. - S5,895.00 (Staff Recommendation dated 12/28/89) Golf Course Furniture Bid - Reject Ail Bids and Readvertise (Staff Recommendation dated 1/4/90, Bid Tabulation Form) Bid Award - Public Works Loader/Backhoe Combination - Case Power and Equipment, Orlando - $64,000.00 (Staff Recommendation dated 1/2/90, Bid Tabulation Form) Bid Award - Renovation of New Community Development Offices - Capp Custom Builders, Inc. - $26, 726.50 - (Staff Recommendation dated 1/3/90, Bid Tabulation Form) Department of Community Development - Purchase 1/2 Ton Truck Through State Contract - Dimmitt Chevrolet Inc., Clearwater - $9,337.96 (Staff Recommendation dated 1/4/90, Memo from Director of Community Development dated 1/4/90) 90.013 N. RESOLUTION NO. R-90-01 - Abandonment of Easement 90.014 89.230 89.141 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE SOUTH SIX FEET OF LOT 7 AND THE NORTH SIX FEET OF LOT 8, BLOCK 196, UNIT 10, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6/37k, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Vioe Mayor McCarthy - Reimbursement of Travel Expenses - Indian River County Transportation Planning Committee (City Manager Recommendation dated 1/4/90) PROCLAMATIONS AND/OR ANNOUNCEMENTS PUBLIC HEARING, FINAL ACTION ORDINANCE NO. 0-89-24 - Extraordinary Fees for Certain Applications AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; ESTABLISHING EXTRAORDINARY FEES FOR CONSULTING ENGINEERS AND PLANNERS, AND FOR ATTORNEY'S FEES FOR CERTAIN ZONING AND COMPREHENSIVE PLAN APPLICATIONS; REQUIRING PAYMENT OF SAID EXTRAORDINARY FEES BY THE APPLICANT AS A CONDITION TO CONSIDERATION OF SAID APPLICATION; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (First Reading 12/13/89, Advertised 12/27/89, Public Hearing 1/10/90) B. ORDINANCE NO. 0-89-25 - Commercial Amusement AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; AMENDING SECTION 20A-12.2 TO PROVIDE FOR ADDITIONAL DEFINITIONS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (First Reading 12/13/89, Advertised 12/27/89, Public Hearing 1/10/90) 3 89.051 90.015 90.016 90.017 90.018 10. 11. ORDINANCE NO. 0-89-27 - Amending O-89-15 Police Pension Plan (City Attorney Recommendation dated 12/5/89) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE POLICE PENSION PLAN; AMENDING ARTICLE VI OF CHAPTER TWO OF THE CODE OF ORDINANCES; AMENDING SECTION 2-120 OF THE CODE OF ORDINANCES TO REVISE THE DEFINITION OF "CREDITED SERVICE"; AMENDING SECTION 2-121 OF THE CODE OF ORDINANCES TO REVISE THE PROVISIONS PERTAINING TO PARTICIPATION IN THE POLICE PENSION PLAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (First Reading 12/13/89, Advertised 12/27/89, Public Hearing 1/10/90) PUBLIC INPUT A. Non-Agenda Items Dan Preuss - Abandonment of Martin Avenue West of U.S. Highway One (City Manager Recommendation dated 1/4/90, Letter from Preuss dated 12/28/89, Letter from City Planner dated 12/18/89, Memo from City Engineer dated 12/29/89) e Robert E. Potter - Golf Course Restaurant Lease Proposal (City Manager Recommendation dated 1/4/90, Letter from Potter dated 12/18/89) B. Agenda Items PRESENTATIONS COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING & ZONING COMMISSION Accept Resignation of Edwin Gilcher with Regret Appoint Current 1st Alternate J.W. "Tommy" Thompson to Fill Unexpired Term to 2/90 and Additional Three Year Term (Staff Recommendation dated 12/18/89, P & Z Minutes 12/21/89, Letter from E. Gilcher dated 12/18/89, Additional Applications) 4 90.019 90.020 90.021 90.022 89.155 90.023 89.157 12. 13. 14. 15. 16. B. ANNEXATION COMMITTEE Receive Status Report - Schedule Discussion of Issues at Future Workshop (City Manager Recommendation dated 1/4/90, Summary of 10/27/89 Meeting, Maps) OLD BUSINESS NEW BUSINESS ae Median Landscape Improvements (Staff Recommendation dated 1/4/90, Memo from City Planner dated 1/3/90, Maps) Request for Special Use Permit - Mary Flood - instruct City Attorney to Draft Ordinance - Set Public Hearing 2/14/90 (Site Plan Packet, P & Z Minutes 12/7/89, TRC Memo dated 12/1/89) Law Enforcement Television Network (Staff Recommendation dated 1/4/90, LETN Overview) MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor ~ 1. Recall Expenses B. Councilman McCollum Proposed Resolutions Re: Support for Amendment #3 Limiting Unfunded Mandates; Tenth Amendment U.S. Constitution (Memo from FLC dated 10/31/89, Proposed Resolutions) C. Councilman Oberbeck D. Councilman Rondeau CITY ATTORNEY MATTERS Report on Reimbursement of Legal Fees - George Metcalf & Dorothy McKinley (City Manager Letters dated 12/5/89 and 12/19/89, City Attorney Letters dated 1/2/90) 5 17. CITY MANAGER MATTERS 89.003 A. Report Re: Snell vs. Votapka, et al Lawsuit (City Manager Report dated 1/4/90, City Manager Memo dated 12/19/89, City Manager Letter dated 12/20/90) 18. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 6 DOCUMENT LIST The following is a list of backup materials for each item in the agenda packet and notation for those agenda items with no backup. 1/10/90 Agenda 6. CONSENT AGENDA ~oval of Minutes 1. Approval of Minutes - 12/13/89 Regular Meeting, 12/28/89 Special Meeting, 1/3/90 Special Meeting 90.001 Re--est for Communit~ Center - Sebastian River Shrine Club 1. Application 90.002 Faith Baptist Church Mission - Request for Fee Waiver for Permit Fees for Renovation - 119 Bob Circle 1. Staff Recommendation dated 12/20/89 2. Letter from M. Hunnicutt dated 12/18/89 90.003 First Presbyterian Church of Sebastian - Request for Fee Waiver for Minor Site Plan Application Fee 1. 2. 3. Staff Recommendation dated 12/16/89 Letter from P & Z dated 12/13/89 Letter from R. Wannop and R. Keel dated 11/29/89 90.004 St. Sebastian Catholic Church 7th Annual Festival - Request for Fee Waiver 1. Staff Recommendation dated 1/3/90 2. Letter from Dernbach dated 12/29/89 90.005 Bid - Public Works 3/4 Ton ~ Duty Pickup - ~ Bid from Sunrise Ford fo__r $12, 789.00 and Purchase via State Contract - Duval Ford, Jacksonville - $11,754.00 1. Staff Recommendations dated 12/12/89 and 12/13/89 2. Bid Tabulation Form 90.006 G. Bid Award - Public Works 1/4 Ton Small Hardbody Pickup - Treasure Coast Nissan, Veto Beach - S8,746.56 1. Staff Recommendation dated 12/12/89 2. Bid Tabulation Form 90.007 Bid Award - Golf Course ~ Dresser - Waiver of Bid Informalities - ~ Late Bid - DeBra Turf ~ ~ Co., Ft. Lauderdale - S7,565.00 1. Staff Recommendation dated 12/28/89 2. Bid Tabulation Form 90.008 90.009 90.010 90.011 90.012 90.013 90.014 89.230 89.141 89.051 Waiver of Bid Procedure - Golf Course Injector System - Approve Purchase as Sole Source - Cross Equipment Co., Inc. - S5,895.00 1. Staff Recommendation dated 12/28/89 2. Memo from Golf Course Director dated 12/6/89 3. Specs and Quote from Cross Golf Course Furniture Bid - Reject Ail Bids and Readvertise 1. Staff Recommendation dated 1/4/90 2. Bid Tabulation Form Bid Award - Public Works Loader/Backhoe Combination - Case Power and Equipment, Orlando - $64,000.00 1. Staff Recommendation dated 1/2/90 2. Bid Tabulation Form Bid Award - Renovation of New Community Development Offices - Capp Custom Builders, Inc. L S26, 726.50 1. Staff Recommendation dated 1/3/90 2. Bid Tabulation Form Department of Community Development - Purchase 1/2 Ton Truck Through State Contract - Dimmitt Chevrolet Inc., Clearwater - $9,337.96 1. Staff Recommendation dated 1/4/90 2. Memo from Director of Community Development dated 1/4/90 RESOLUTION NO. R-90-01 - Abandonment of Easement 1. R-90-01 2. Application 3. Map 4. Memo from Director of Community Development 5. Memo from City Engineer Vice Mayor McCarthy - Reimbursement of Travel Expenses - Indian River County Transportation ~ Committee 1. City Manager Recommendation dated 1/4/90 ORDINANCE NO. 0-89-24 - Extraordinary Fees for Certain Applications 1. 0-89-24 ORDINANCE NO. 0-89-25 - Commercial Amusement 1. 0-89-25 ORDINANCE NO. 0-89-27 - Amending O-89-15 Police Pension Plan 1. 0-89-27 PUBLIC INPUT 2 90.015 90.016 90.017 90.018 90.019 90.020 90.021 90.022 11. A. Non-Agenda Items Dan Preuss - Abandonment of Martin Avenue West of U.S. H~ One 1. City Manager Recommendation dated 1/4/90 2. Letter from Preuss dated 12/28/89 3. Letter from City Planner dated 12/18/89 4. Memo from City Engineer dated 12/29/89 Robert E. Potter - Golf Course Restaurant Lease Proposal 1. City Manager Recommendation dated 1/4/90 2. Letter from Potter dated 12/18/89 COMMITTEE REPORTS/RECOMMENDATIONS A. PLANNING & ZONING COMMISSION Accept Resignation of Edwin Gilcher with Regret Appoint Current 1st Alternate J.W. "Tommy" Thompson to Fill Unexpired Term to 2/90 and Additional Three Year Term 1. Staff Recommendation dated 12/18/89 2. P & Z Minutes 12/21/89 3. Letter from E. Gilcher dated 12/18/89 4. Additional Applications B. ANNEXATION COMMITTEE Receive Status Report - Schedule Discussion of Issues at Future Workshop 1. City Manager Recommendation dated 1/4/90 2. Summary of 10/27/89 Meeting 3. Map 13. NEW BUSINESS Median Landscape Improvement~ 1. Staff Recommendation dated 1/4/90 2. Memo from City Planner dated 1/3/90 3. Map 4. Diagram Request for Special Use Permit - Mary Flood - Instruct ~ Attorney to Draft Ordinance - Set Public H~aring ~ 1. Special Use Permit Application 2. Site Plan Packet 3. P & Z Minutes 12/7/89 4. TRC Memo dated 12/1/89 Law Enforcement Television Network 1. Staff Recommendation dated 1/4/90 2. LETN Overview 3 89.155 90.023 89.157 89.003 15. 16. COUNCIL MATTERS A. Vice Mayor McCarthy Recall Expenses 1. Memo from McCarthy dated 1/4/90 2. Reoeipts & Payments B. Councilman McCollum Proposed Resolutions Re: Support for Amendment #3 ~ Unfunded Mandates; Tenth Amendment U.S. Constitution 1. Memo from FLC dated 10/31/89 2. Proposed Resolutions CITY ATTORNEY MATTERS Report o__n Reimbursement__of Legal Fees - George Metcalf & Dorothy McKinley 1. City Manager Letter dated 12/5/89 2. City Attorney Letter dated 1/2/90 3. City Manager Letter dated 12/19/89 4. City Attorney Letter dated 1/2/90 5. City Attorney Letter dated 1/2/90 17. CITY MANAGER MATTERS Report Re: Snell vs. Votapka, et al Lawsuit 1. City Manager Report dated 1/4/90 2. City Manager Memo dated 12/19/89 3. City Manager Letter dated 12/20/90 4 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-58~5570 SUBJECT: ) ) ) SA/NT SS~ASr/AN CATHOL/C CHUN~-7TH ANNUAL FEST/VAL ) ) Approved For Submittal By: ) ) ) CityManager ~~0~I ) ) Agenda No. Dept. Origin Dept. os ~~ n=w~t l~)'"'"~"~ · Date Submitted 1/3/90 For Agenda Of 1/10{90 Exhibits: Letter from Eugene Dernbach dated December 29, 1989 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Saint Sebastian Catholic Church is requesting permission for their annual festival to be held February 8 - 11, 1990. The location will be on the CAVCO property located at C.R. 512 and U.S. 1. The church will provide the necessary port-o-lets and sanitation for the event. RECOMMENDED ACTION Move to approve the request for Saint Sebastian Catholic Church 7th Annual Festival during February 8 - 11, 1990~ waive all fees. SAINT SEBASTIAN CATHOLIC CHURCH P. O. Box 781212 Sebastian, Florida 32978-1212 · (407) 589-5790 December 29,1989 Mayor Richard Votapka Members of the Council City of Sebastian Sebastian,F1.32958 Dear Mayor Votapka and Members of the Counci[: Saint Sebastian Catholic Church of Sebastian will be sponsoring it's Seventh Annual Festival during the period of February 8-11,198~Y. These dates are inclusive. Permission has been granted for us to use the same site as we have in the past and as before, the necessary arrange- ments for sanitation, water, policing and clean-up have been made. Insurance coverage has also been attended to. Requesting your support in this endeavor and the waiverin~ of any necessary fees that might be associated with such an endeavor would be appreciated. Sincerely yours, Eugene Dernbach, Chairman ED/rd City of Sebastian POST OFFICE BOX 780127 Q SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407~589-5570 SUBJECT: Approved For Submittal By: City Manager ) Agenda No. ) ) Dept. Origin Apt. ) ) Date Submitted .... 12/16/89 ) ) For Agenda Of .. 1/10/90 ) ) Exhibits: 12/13/89 Memo from Harming & Zoning ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The First Presbyterian Church of Sebastian is requesting a waiver for the application fee for a minor site plan. The minor site plan for additional porous parking was approved by the Planning & Zoning Commission on December 7, 1989. RECOMMENDED ACTION Move to grant the waiver of the application fee for the First Presbyterian Church. City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 December 13. 1989 TO: Mayor and City Council FROM: Linda Kinchend~_~_~ Planning and %oning - - TIIROUGH: Bruce Cooper Director of Community Development RE: Site Plan Fee Waiver - Presbyterian Church Please be advised that the commission at their regular meeting held on December 7th, 1989 made a motion to recommend th, fee waiver request for a minor site plan by the Presbyterian Church be approved by City Council. We have attached a copy of their letter of request to this memo for your review. Should you have any further questions, please feel free to contect our office. LK:lk The First Presbyterian Church of Sebastian Pastor, Dr. DonMd £. Swope November 29, 1989 TO: The City of Sebastian Planning Department TO WHOM IT MAY CONCERN: The First Presbyterian Church of Sebastian requests a waiver of the filing fee for the attached site plan concerning additional parking. Robert T. Wannop~ Treasurer Robert G. Keel Assistant Treasurer Post Office Box 781689 Sebastian, Florida 32978-1689 (407) 589-5656 December 18, 1989 His Honor Mayor Richard Votapka Sebastian City Council City of Sebastian SUBJECT: FAITH BAPTIST CHURCH (FORMERLY COLORED CHURCH) 119 BiB CIRCLE Dear sirs: it is the plan of Faith Baptist Church Mission to repair and refurbish subject church and bring it to proper codes. We request a waiver of Building Permit Fees. Your consideration is greatly appreciated. Very truly yours, ..... ~Mer~ Huhnlcutb-~ TRUSTEE FAITH BAPITST CHURCH MISSION cc: Bruce Cooper John Dean City of Sebastian POgT OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-~330 FAX 407-589-5570 SUBJECT: Fee Waiver for Faith Baptist Church Approved For Submittal By: City Manager ~~ ~ Agenda No. Dept. Origin Date Submitted Community Development~ (bruce Cooper) 12/20/89 For Agenda Of 01/10/90 Exhibits: Letter from Faith Baptist Church EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Faith Baptist Church Mission on Bob Circle is requesting a waiver of permit fees for the planned renovation of the church building. RECOMMENDED ACTION Move to grant the waiver of all permit fees for Faith Baptist Church Mission. CITY OF SEBASTIAN RENTAL PERMIT APPLICATION COMMUNITY CENTER, ,,,v.,..,, YACHT CLUB Name of Renter/Organfzation~eb0.~t{n~, ]~i.'.T~~:r 'J!n'.T.Tle Club Number of Persons constituting group or organization: Reason for Rental /~nn~n] C~-~-~,r P:~rty Requested Date --'Aprll 7 Time of Day: From Please answer YES or NO: 1) Are kitchen facilities required? 2) Are you a resident of Sebastian? Will decorations be put up? 3) 4) Will there be an admission or door charge? Will alcoholic beverages be served? (a) If answer to ~5 is yes - permi~%ee's proof of age over q5 ¢ (b) If alcohol is to be served, permission is required by the City Council. Your request will be presented to Council on Amount of Rental 1("~.C9 Security Deposit: $ 7% Tax: Total Rental: Name of Permittee: Sebastian P'iver S]',rJne Club. ( 3'ohu larickx,,qccy) Address of Permittee: cq37 Yentuortb. ,'qtraet, Sehastian~ Florida Telephone No.: 53!~-292,~ Date of Application ]2/2~ /] ...... ~ Make checks payable to: CITY OF SEBASTIAN APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK'S OFFICE Security Deposit paid on by Check Rental Fee paid on by Check (date) in the amount of or Cash initial (date) in the amount of or Cash initial Alcoholic Beverage Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Fee Waiver Request heard at the Council Meeting on (date). Request APPROVED/DENIED. Key Pickup Date Key Return Date Security Deposit returned by City Check # amount of on Amount kept for damages (if applicable). in the (date). City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-B330 FAX 407-589-5570 SUBJECT: BID FOR 3/4 TON HEAVY DUTY PICKUP Approved For Submittal By: City Manager ~~J ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: ) ) ) F~N~, (.~N,)_ 12/12/89 ____ 1/10/90 BID TABULATION SF~T EXPENDITURE REQUIRED: $12,789.00 AMOUNT BUDGETED: $9,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT The city of Sebastian received one bid for a 3/4 ton heavy duty pickup from Sunrise Ford of Ft. Pierce. The bid price was s~me $3,800.00 greater than the amount budgeted. This particular vehicle was advertised to bid prior to the award of the State contracts. RECOMMENDED ACT1ON Staff recc~xnends the rejection of the bid fr~m Sunrise Ford of Ft. for a 3/4 ton heavy duty pickup. Pierce City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32078 TELEPHONE (407) 589-5330 FAX 407-589-557'0 ' SUBJECT: PURCHASE OF 3/4 TON HEAVY DUTY PICKUP V/A STATE CQbTURACT Approved For Submittal By: City Manager ) Agenda No. ~_, ) ) Dept. Origin FINANCE (LWN) _ ) ) Date Submitted 12/13/89 ) ) For Agenda Of 1/]0/R9 ..... ) Exhibits: ,) ) ) EXPENDITURE REQUIRED: $11,754.00 AMOUNT BUDGETED:S9,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian went to bid for a 3/4 ton heavy duty pickup prior to the state contract being let. The only bid received was sc~e $3,800 greater than the amount budgeted. The base State Contract price frc~ Dural Ford of Jacksonville is $10,583.00, plus a $100.00 delivery charge, with added options of a trailer hitch: $185.00, a step bumper: $111.00 and undercoating: $45.00 for a total delivered price of $11,024.00. The two sided mounted tool b~xes may be purchased locally and installed by City staff at an approximate cost of $730.00. There currently exists enough funds in the capital i~provemsnt fund for this purchase. RECOMMENDED ACTION Staff recc~xnends that Public Works be granted permission to purchase a 3/4 ton heavy duty pickup via the State Contract frcxn Duval Ford, of Jacksonville, for an amount of $11,754.00. ,.3 0 City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: AWARD BiD FOR ¼ TON PICKUP Approved For City Manager Submittal By: Agenda No. Dept. Origin Date Submitted For Agenda Of F//qANCE (LWN) 12/12/89 _iZ!Q/90 _ Exhibits: BID TABULATION SHEET EXPENDITURE REQUIRED: $8,746.56 AMOUNT BUDGETED: $9,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian received one bid frc~ Treasure Coast Nissan for a ½ ton small hardbody pickup truck. The bid meets or exceeds all advertised specs and is less than the amount budgeted. RECOMMENDED ACTION Staff recommends awarding the bid for a ¼ ton pickup to Treasure Coast Nissan, of Vero Beach, for the amount of $8,746.56. 0 City of Sebastian POST OFFICE BOX 780127 c] SEBASTIAN, FLORIDA 329?8 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: BID - TOP DRESSER. FOR GOLF COURSE Approved City Manager ) For Submittal By: ) ) ) Agenda No. ) ) Dept. Origin FINANCE (LWNJ _ Date Submitted For Agenda Of 12/28/89 .... 1/10/90 Exhibits: BID TABUIATICN SHEET EXPENDITURE REQUIRED: $7,565.00 AMOUNT BUDGETED: $7,200.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian received no bids in a timely maDner for a top dresser for the golf course. However, the post office explained that due to the season the mail %~s running behind schedule and Express Mail delivered a bid frc~ Debra Turf and Equi~me~Ec~C~.., at 11:30 A.M., thJ~-ty minutes late. It was the only bid received and it meets al'I? specifications. RECOMMENDED ACTION Staff recc~nends a. waiver of bidding informalities and that the late bid from Debra Tuff &Equipment Co. of Ft. Lauderdale be. awarded iD the amount of $7,565.00. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN. FLORIDA 32976 TELEPHONE (407) 589-6330 FAX 407-569-5570 SUBJECT: WA/VER OF BID PROCEDURE FOR llq3]DC'rOR SYSTS~ ) Approvsd For Submittal By: ) ) ) CityManager (~~P~'-~ I ) Agenda No. ) ) Dept. Origin Date Submitted 12~9 For Agenda Of 1/10/90 Exhibits: LTR. FNCH G/C MANAGER DATED 12/6/89. COPY OF PATENT FOR CROSS f~3IPMENT CO. ,COPY OF SPECS & QUOTE. EXPENDITURE REQUIRED: Not to exceed $5,895.00 AMOUNT ~g3DGETED '.$6,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT The C~lf Course Business Hanager wishes to purchase a 55 gallon injector system. The Cross Equipment Co., Inc. is the only cc~pany that manufactures this piece of equipment. ~dequate funds are k~ldgeted for this expenditure. RECOMMENDED ACT/ON Staff reccz~ends a waiver of bid procedure as a .matter of commercial reasonableness from one source only and that the golf course be granted permission to purchase an injector syst~ from Cross F3gui~xn~_nt Co. Inc. for an ancient of $5,895.00. City of Sebastian POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 DATE: TO: FRON: RE~: December 6, 1989 Robb HcClary, C.H. Bill'Vincent, G.C.M~~ Bids For Top Dresser and Injector System Request to bid for tod dressing equipment. attached. Specifications Request to waive bid on injector system 55 gallon unit, 2000 PSI and 30 PSI surface spray. The Cross Equipment Co., Inc. ts the only company that manufactures this piece of equipment. Patent attached. CROSS EQUIPMENT COMPS, INC. Municipal Spn;yers ° Agr~culatral Applicn~r~ o Turf fqu~ment December 29, 1989 QUOTATION VALID FOR 60 DAYS CITY OF . EBAS~SLa_N FAX #407-589-5570 ATT: BILL VINCENT SUBJECT: SPEC'S & QUOTE ON 55 GAL RPI 2000 INJECTION UNIT W/8 Hp ~ONDA LNG[NE CONSISTING OF THE FOLLOWING: $5,895.00 (i) 55 GALLON POLY T_~k~ 23" DLA x 37" LONG (l) 5" FELL WELL & AaN'CI SPLtS~ LID' (1) 3/4 DRALN (1) PULL TRAILER W/ !Sx950x8 Tb~F TIRE,;, SADDLES & STRAPS FOR TANK. Lg;IT CONSTRUCTED OUT OF ~" CPJuN~qYL iRON. (!) 8 Hp HO~DA ENGINE x ~{PI 2100 PSI PUMP ~ 4CPM (1) 12 VOLT SHb-RFLO DI_A_~HIRAC~M PUI~ & PI UM~ TO SPP~4Y OVER TOP OF SURFACE (1) 4' O~R $~RAY BOOM (2) 2' S.S. S~{IELD PANS & HIGH PRESSURt', S.S. PIPES kq[T}{ S.S. NOZZLES ON 3" CENTERS (1) CONTROLLER & PLUbfB PACKAGe' (1) SET OF LtA~ENED $.S~ NOZgLES (1) UNIT ASSaiLED & FIELD READY. We appreciate the oppor~um/gy to quote ~n the above. ~WC:jtb Eric. Sincere/y, Hewis W. Cro~s City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: BID - FtTRNITtTRE FOR FOOD kND BEVERAGE/~ O/mSE Approved FOr Submittal By: City Manager ) Dept. Origin FT~ANC~, (TH)_ ) 1/4/90 ) Date Submitted ) ) For Agenda Of 1/10/90 ) ) Exhibits:BID TABULATION SHEET ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED:S6,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT The Golf Course received three bids for furniture for the food and beverage operation. Two vendors bid on a lower grade 1 type furniture while one vendor bid a lump sum for a higher grade 4 type furniture. This made it very difficult to evaluate the bids fairly. The bid specs should clearly specify grade desired and the bids must be itemized for clarity as the City Council has the authority pursuant to city code section 2-64 (d) to reject bids or parts of any or all bids. RECOMMENDED ACTION Staff recc~m%ends rejection of all bids for the previously stated reasons and that the Golf Course Business Manager write n~w specifications for the furniture for the food and ~q~age operation and republish, for new bids. 0 City of Sebastian POST OFFICE BOX 780127 cl SEBASTIAN, FLORIDA 32978 'tELEPHONE (407) 589-6330 FAX 407-589-5570 SUBJECT: Bid Award for Loader Backhoe C~mbination Approved For Submittal By: City Manager ~~'--- ) Agenda No. ) ) Dept. Origin Finance (LWN) ) ) Date Submitted 1-2-90 ) ) For Agenda Of 1-10-90 ) ) Exhibits: Bid TabulationSheet ) ) ) EXPENDITURE REQUIRED: $64,000.00 AMOUNT BUDGETED: $65,000.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian received five (5) timely bids for a ccmbination loader-backhoe. Tw~ of the bids did not meet all of the specifications. The other three met or exceeded all the specifications. Appropriate Public Works staff has reviewed the bids and have rended the only bid to come in under the budgeted amount. RECOMMENDED ACTION Staff r~ds awarding the bid for a loader-backhoe oDmb~tion to the lowest and best bidder, Case Power and Equipment of Orlando, in the amount of $64,000.00. 0 City of Sebastian POST OFFICE BOX 780127 cl SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-6330 FAX 407-589-5570 SUBJECT: BID A~ARD FOR R~OVATION OF N~W ~TY DEVELOPMenT QFFICES Approved For Submittal By: City Manager ~~'- ) Agenda No. /~" ~// ) ) Dept. Origin FINANCE(LWN) ) ) Date Submitted 1/3/90 ) ) For Agenda Of 1/10/90 ) ) Exhibits: BID TABULATIONSHEET ) ) ) EXPENDITURE REQUIRED:S26,726.50 AMOUNT BUDGETED:S30,000-00 APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian received three bids for the renovation of the new Community Development offices. All were timely and met all of the specifications. Appropriate staff reviewed the bids and are in concurrence that the low bidder will ~lete the contract in a satisfactory manner. RECOMMENDED ACTION Staff r~ds the bid for renovation of the new C~munity Development offices be awarded to the lowest and best bidder, Capp Custcxn Builders, Inc. of Sebastian, in the amount of $26,726.50. City of Sebastian POST OFFICE BOX 180127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-~330 FAX 407-$8~5570 SUBJECT: Approve purchase of vehicle through state contract Approved For Submittal By: Ct~¥ Manager i" Dept. Origin community Development '' Date Submitted 1-4-90 For Agenda Of 1-10-90 Exhibits: Memo From Bruce Cooper EXPENDITURE AMOUNT REQUI RED: $9,337.96 BUDGETED $10,500.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Council approved one new vehicle for the Community Development Department under this fiscal year of 1989/90. The budget amount for this vehicle is $10,500. i'm requesting the City Council to approve the purchase of a 1/2 ton truck through the state contract for the total sum of $9,337.96. This purchase has been reviewed by Mr. Larry Napier, Assistant Finance Director and is in accordance with the City's purchasing requirements. RECOMMENDED ACTION Move to approve the Community Development Department to purchase a Chevrolet C1500 from Dim~itt Chevrolet for a total price of $9,337.96. City of Sebastian POST OFFICE BOX 780127 c3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 M E MO R A N D U'M TO: Mayor Richard Votapka and City Council THROUGH: FROM: DATE: Robert S. McClary, City Manager ____~~ Bruce Cooper, Director of Community Developm January 4, 1990 REFERENCE: Vehicle Purchase From State Contract The City Council approved one new vehicle for the Community Development Department under this fiscal year of 1989/90. The budget amount for this vehicle is $10,500. I'm requesting the City Council to approve the purchase of the following vehicle through the State of Florida, Department of General Services contract. Vendor - Dimmitt Chevrolet Inc. Clearwater, FL Commodity # - 070-500-410 Vehicle - Chevrolet C1500 1/2 Ton Truck (P.U.) Price - $8,698.36 Base Price 639.60 A/C (Option 5001) (Order # C60) $9,337.96 Total Contract Price RESOLUTION NO. R-90-01 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE SOUTH SIX FEET OF LOT ? AND THE NORTH SIX FEET OF LOT 8, BLOCK 196, UNIT 10, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6/37k, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION I That the City of Sebastian does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The south six feet of Lot 7 and the north six feet of Lot 8, Block 196, Unit 10, Sebastian Highlands, according to the plat thereof, recorded in PBI 6/37k, Public Records of Indian River County, Florida. SECTION II Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION III This resolution shall be recorded in the public records of Indian River County, Florida. SECTION IV This resolution shall be in full force and effect immediately upon its passage. CITY OF SEBASTIAN, FLORIDA ATTEST: by: Richard B. Votapka, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly passed and adopted by the City Council of the City of Sebastian, Florida, this day of , 1989. Kathryn M. O'Halloran, CMC/AAE (SEAL) (STATE OF FLORIDA) (COUNTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared and to me known as the persons described herein and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and seal in Indian River County, Florida, this day of , 1989. NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires Approved as to Form and Content: Charles I. Nash, City Attorney CITY OF SEBASTIAN APPLICATION FOR VACATION OF EASEMENT(S) (Thins request shall no be accepted unless completed in full~. NAME: Mercedes Hom~.~,.InC. ADDRESS: 951Fellsmere Road, Sebastian, Fi. 32958 TELEPHONE NO. 388-5404 TYPE OF ENTITY:* *Individual, corporation, etc. - If corporation apply corporate seal below LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: /~ Lot 7 & Lg.~ 8, B.lock-~9~-~ S~bastia~.Hiqhl~nds Unit #10 (Attach description on attachment if necessary) DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: (This item to be filled in by Building Official) ~;,,'~-,J.,~ ,d,~ .; ,,o.. TYP£ OF EASEMENT: Side easement between lots APPROXIMATE SIZE OF EASEMENT: 125 feet An length 12 in width PURPOSE FOR REQUEST TO VACATE: SQ,, tha~ the Wg~,~ on 19t 7 can be placed on lot ~. (Explain in detail your need to release this easement) I HEREBY CERTIFY that I, the Applicant, own the real property on which the easement I request to vacate exists, or I am authorized to present this request to vacate by the owner of the real property. Sign~d:(title, if any) [} Dat~' Please Print Name Here Attach hereto the following: (x) 1. ( ) 2. (N/A) ( ) 3. (N/A) Corporate Seal Map, plat, survey, or clear drawing at least 8 1/2" x 11" showing the parcel of land on which the easement exists, with parcel(s) of land ad3acent to the easement requested to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWING. Complete legal description of the parcel of land on which the easement exists if the full description cannot be placed on the lines provided above for the description. Written authorization of the owner of the parcel of land on which the easement exists if the applicant is not the owner. ( ) 4. (N/A) IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT. (x) 5. Attach a check or money order payable to "The City of Sebastian" upon submittal of this application to the Office of the City Clerk. This application fee is not refundable. The fee is $25.00.-- f,,o ;"~'87 ( ) 6. OTHER: Date Received by the Office of the City Clerk By: file: aban.spp ,i .I ~ II',(-,/''' '.i City of Sebastian POST OFFICE BOX 780127 I:1 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 M E ~, ( · :2, .:_': l) J-: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 DATE: December 11. 1989 TO: K,_~ t hryn M. O' Ha l 1 ora n City C] ark FROM: D,~vid Fisj~ _~" City Eng~ne.e,~m~\ RE: Abandonment of Easement After an on site inspection by our DepaFtment, we have no objection to the abandonment of easement for the south six (6) feet of Lot 7 and the north six (6) of Lot 8, Block 196, Unit lO. in the Sebastian Highlands. Should you requir'e ~ny fu~'theF infoFmation, please feel free to contact alu' office. DF: JR City of Sebastian POST OFFICE BOX 780127 "" SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 SUBJECT: Travel Reimbursement Request Approved For Submittal By: City Manager FAX 407-589-5570 Agenda No. ~t0,0/~ Dept. Origin: Vice Mayor Robert W. McCarthy Date Submitted 01/04/90 For Agenda Of 01/10/90 Exhibits: None EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Vice Mayor Robert McCarthy is a member of the Indian River County Transportation Committee and has incurred travel expense to attend Committee Meetings. Section 2.05. (2) of the City Charter requires unanimous approval of the City Council to allow travel expense. Vice Mayor McCarthy's request is within the allowable State Law limits of 20 cents per mile. RECOMMENDED ACTION Allow travel expense of Vice Mayor Robert W. McCarthy in the total amount of $30.40 for four (4) round-trips from Sebastian to Veto Beach, Fl., to attend meetings of the indian River County Transportation Committee. o~t~t~c~ t~o. o-~ P,~_ ~ .... cOD~; ~'~ ~-~ 0~~ -~G ~QU~ APPLICA"~_ ~pp~TIO~L~ cODE; czs s~o~ I~ ~ ~D a ~c~ ~P~ ' pRoVID~F O~iN~C=~ ~ ~D pRoVIDING p~TS S~~; pRoVIDING FOR EFFE~T~ DA~- - and fees in the past · ~- has incurred expenSe~ _ttorneYS which --- the C~ ~nd for WHE~I 'neerS and planners ~ the review of for consulting eng~ ~ aDplicati°n fees for ..... ~ts, major were ~n excess °~io:ah: impact, planned unit de~e~u~:~endmentS' develOPmentS of reg ~ comprehensive plan lan -d voluntary · . -nE, rezoning, ~ermits an subdiVls~° ~ _ ~ecial use of sa~d eXP ubliC of the c~tY. ~ ~ITY COUNCIL OF THE than the general P BE IT oRDAINED BY T~ ~ that- NOW, THEREFORE, - RIVER coUnTY, FLoRTDA, Che city of ~TY OF SEBASTIAN, ~I~D~AN ~ ~evelopment code of -- ~.13 to ~ . _ The LanO ~ . -W section ~:rebY amended by creating a n~ SebaStian ~ . _ ~noinee_~_~rs' provide as follOWS' . -~. plan_n~ and ' expenses charged, an developments of In addition to all other fees and regional applicant for review of '~,~./ impact, planned unit developments, major or minor subdivisions, rezonings, comprehensive plan land use amendments, site plan approvals, special use permits and voluntary annexations shall pay to the City all fees and expenses attributable to the services provided by the consulting engineers for the city, consulting planners for the City, the City attorney, their professional staff members, or special legal counsel including attorneys' fees related to said items which have been charged to the City by the City's attorneys. All applications which have been, or will be, filed with the city, shall not become effective until such charges have been paid." SeQtion 2. CODIFICATION. This Ordinance shall be incorporated into the Land Development Code of Sebastian, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. Section 3. CONFLICT. Ail Ordinances or parts of ordinances in conflict with the provisions of this Ordinance insofar as they conflict are hereby repealed. Section 4. 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 will 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 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilman The motion was seconded by Councilman a vote, the vote was as follows: and, upon being put to Mayor Richard B. Votapka Vice-Mayor Robert McCarthy Councilman Robert L. McCollum Councilman Frank Oberbeck Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 19__. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Richard B. Votapka, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk i HEREBY CERTIFY that notice of public hearing on this ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 19 , and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney ORDINANCE 0-89-~5 ..__ AN ORDINANCE OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; AMENDING SECTION 20A-12.2 TO PROVIDE FOR ADDITIONAL DEFINITIONS; PROVIDING FOR iNCLUSION IN THE LAND DEVELOPMENT CODE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, that: Section 20A-12.2 is hereby amended by adding a definition for the term "Amusement device", and amending the existing definition of the term "Commercial amusement, enclosed" in its entirety to read as follows: "Amusement device. Any video machine, pinball machine, pool table, bumper pool table, billiard table, ping pong table, or arcade-type entertainment equipment or device, including a device which is activated or operated by means of a coin, token or similar medium of exchange. Commercial amusemeD% en~osed. A commercial amusement establishment, the operations of which are conducted entirely within the confines of an enclosed building or structure, excluding necessary off-street parking facilities. This definition includes, but is not limited to, the following: bowling alleys, billiard and pool establishments, skating rinks, video arcades and indoor theatres. A commercial establishment which offers, displays, furnishes or otherwise makes available two or more amusement devices or utilizes more than forty square feet of floor space for amusement devices for use by the general public or business invitees shall be considered a commercial amusement establishment. A facility used exclusively as a warehouse, garage or other distribution facility, the primary purpose of which is to provide a place for the storage or repair of amusement devices, shall not be deemed to be a commercial amusement establishment." Section 2. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be change to "Section", "Article" or other appropriate designations. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. 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. Seq.tion 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Councilman Councilman vote, the vote was as follows: The motion was seconded by and, upon being put to a Mayor Richard B. Votapka Vice-Mayor Robert McCarthy Councilman Robert L. McCollum Councilman Frank Oberbeck Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this day of .... , 1989. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Richard B. Votapka, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1989, and that following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 4 ORDINANCE NO.: 0-89-27 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE POLICE PENSION PLAN; AMENDING ARTICLE VI OF CHAPTER TWO OF THE CODE OF ORDINANCES; AMENDING SECTION 2-120 OF THE CODE OF ORDINANCES TO REVISE THE DEFINITION OF "CREDITED SERVICE"; AMENDING SECTION 2-121 OF THE CODE OF ORDINANCES TO REVISE THE PROVISIONS PERTAINING TO PARTICIPATION IN THE POLICE PENSION PLAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. Section 2-120 of the Code of Ordinances of the City of Sebastian is hereby amended by deleting the current definition for the term "CREDITED SERVICE" in its entirety and substituting the following in lieu thereof: "CREDITED SERVICE means the total number of years and completed months of actual service with the City as a full-time sworn police officer. Members shall not receive credit for service for which member contributions have been refunded. No credit will be given toward credited service for service during which an employee was eligible for participation in the system but elected not to become a member." Section 2. Section 2-121 of the Code of Ordinances of the City of Sebastian is hereby amended by deleting it in its entirety and substituting the following provisions in lieu thereof: "SEC 2-121. Membership. "(a) Conditions and eligibility. Each Police Officer of the City of Sebastian shall be a Member of, and thereby participate in, the Sebastian Police Officer's Retirement System as it existed on the effective date of this article and shall thereafter continue participating under the provisions of this article, unless a Police Officer elects in writing not to participate within twelve (12) months of commencing his or her employment as a Police Officer in accordance with the provisions of Section 185.15 of Florida Statutes (1987), as amended or supplemented from time to time, or any corresponding provision of law. Any Police Officer who elects not to participate in the System in accordance with this section shall thereafter be barred from participating in the System. (b) Application for membership. Each eligible employee shall complete a form provided by the Board which covers the following items, as well as such other items as may be prescribed by the Board: (1) Acceptance of the terms and conditions of the retirement system, and, (2) Designation of a beneficiary or beneficiaries. (c) Change in designation of beneficiary. A member may from time to time change his or her designated beneficiary by written notice to the Board upon forms provided by the Board. Upon such change the rights of all previously designated beneficiaries to receive any benefits under the System shall cease." Section 3. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, 2 Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word :Ordinance" may be change to "Section", "Article" or other appropriate designations. Section 5. SEVERABILI?Y. In the event a court of competent 3urisdiction 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 take effect on October 1, 1989. The foregoing Ordinance was moved for adoption by Councilman . The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor Richard B. Votapka Vice-Mayor Robert McCarthy Councilman Robert L. McCollum Councilman Frank Oberbeck Councilman Lloyd Rondeau 3 The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA By: Richard B. Votapka, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of , 1990, and that following said public hearing this Ordinanoe was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles Ian Nash, City Attorney 4 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Petition to Abandon Martin Avenue Dept. Origin: Citizen Request Approved For Submittal By: City Manager Date Submitted: 01/04/90 For Agenda Of: 01/10/90 Exhibits: Letter from Dan Pruess Dated 12-28-89 Peter Jones Letter of 12-18-89 Dave Fisher Memo of 12-20-89 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Dan Preuss has requested the abandonment of a portion of Martin Avenue which is situated west of U.S. #1 and is approximately 50 feet wide and 200. feet deep. Mr. Preuss originally requested this abandonment on March 17, 1988 and has now requested that it be placed on a City Council Agenda for action. This request has been reviewed by the City Engineer, the City Planner and myself. We are recommending denial of the request because there is no clear benefit to the public. The staff recommendation reasoning is outlined in more detail in the attached correspondence. RECOMMENDED ACTION Option A: Deny the petition to abandon as recommended by staff. Option B: Should the City Council wish to approve the request, it would be appropriate to direct the City Attorney to prepare the necessary ordinance and direct the City Clerk to notify the franchised utility companies to request review comments. December 28, 1989 City of Sebastian Sebastian City Hall ~225 Main Street A Sebastian, Florida 32958 Reference: Request for Abandonment of Martin Avenue West of U.S.[ This presentation for you~ consideration I believe will conclusively support my request for abandoning Martin Avenue from U.S.1 West to the F.E.C. railroad tracks as b~ing fair and reasonable for the City as well as the recipients of the abandonment. I intend to make several points which will be numbered; and the documentation which I have obtained to verify any representation will also be marked as Exhibits. Since 1913, or earlier, Mr. William A. Martin, the owner of Martin Avenue as well as the property on all sides, had the property surveyed so that he could benefit by a road easement to the railroad tracks allowing access to Parcel C on the west side of the tracks where he kept his equipment shed. Exhibit A will depict the use Martin Avenue served 75 years ago. It should also be noted that the City of Sebastian does not own Martin Avenue and cannot convey a Warranty Deed to this land because it came into existence due to the property owner's need to maintain ingress and egress to the property west of the tracks which would otherwise have been land-locked. The second observation I want to make is that as time goes by needs change, and with development Sebastian as well as other cities have abandoned streets, right of ways, etc. to facilitate attractive, safe, and meaningful development. Exhibit B shows, in fact, that in lg36, Jefferson, Coolidge, Harrison Streets, and Central Avenue were abandoned so that today we do not have vacant lots dividing developed properties. This third point addresses those who might feel that the City will be giving up too much to the recipients, in spite of the benefits the City will derive from tax dollars and attractive development by abandoning Martin Avenue. Exhibit C (1) is a Special Warranty Deed signed in 1956, which I believe shows equitable payment for an PAGE TWO abandonment. This Exhibit gave 26.74 feet of frontage for U.S.1 future expansion of lots i through 8 Block 1 which represented 400 feet of frontage by 26.?4 depth. To further make this point, I present a recent situation with regard to the subject property where I was required to give a 4 feet easement along the westerly boundary for waste water utilities. In addition, Exhibit C (2) shows where in May of 1987, I was required to give up 27 feet X 165 feet along S.R. 512 so that I could connect the apron from $.R. 512 to my parking lot for the 512 Service Center Building, which would enable me to 'obtain my Certificate of Occupancy [Exhibit C (3)]. After a year and a half I was able to have 13 feet deeded back to me, [Exhibit C (4)], and received an easement over the remaining 14 feet for my water and retention area. In order to get the 13 feet returned to protect the parking lot requirement and to have a building that was in compliance, it was necessary to hire an attorney at considerable expense. [Exhibit C (5)] is the easement over the 14 feet I have been granted on my own property. Lastly, abandonment would benefit the City greatly by allowing for (a) easy access from traffic going north on U.S. I since Martin Avenue is a turn around intersection and would eliminate the need for u-turns. [See Sketch Exhibit 4] and (b) a safer more attractive development would result from having the entrance to both Mr. Knowles property and the Preuss/Spadaro property at the Martin Avenue abandonment location rather than separate driveways 100 feet or less apart on U.S. : [also depicted in Sketch Exhibit 4]. I believe that granting the requested abandonment would benefit both the City and the property owners rather than leaving a vacant lot as a liability to the City and benefiting no one. City of Sebastian POST OFFICE BOX 780127 ¢3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-,5330 FAX 407-589-5570 December 18, 1989 Mr. Dan Preuss 936 U.S. #1 Sebastian, FL 32958 Re: Abandonment of Martin Avenue West of U.S. #1 to the Florida East Coast Railroad Dan: Regarding our discussions concerning your interest in the abandonment of Martin Avenue from the Florida East Coast Railroad to U.S. #1, City staff reviewed the issues with City Manager Robb McClary to be considered by the City for such an abandonment. The following summarizes that review and discussion: The City realizes the current value of frontage along U.S. #1. Recent sales of property indicate the value of the approximately 12,960 square feet of land contained within the R.O.W. of Martin Avenue west of U.S. #1 to be in excess of $50,000, should it become privately owned. The County sewer availability by October of next year will further enhance the value of frontage along U.S. #1 because of the potential for more substantial development at that time. The incentives for the City to abandon this R.O.W. should clearly be of benefit to the City given the potential value that abandonment will give to the property owners to the north and south. Such incentives may include: Dan Preuss December 18, 1989 Page 2 A presentation to the City of how potential development of properties that would include the abandoned Martin Avenue (west of U.S. #1) land would benefit the City. Such a presentation should include type of development, character, traffic/circulation considerations, etc. and tax revenue benefit analysis to the City. The exchange of equally valued property for the Martin Avenue R.O.W. west of U.S. #1. It is up to the land owners to the north and south of Martin Avenue west of U.S. #1 to bring such a presentation to the City showing clearly how the City would benefit. City staff recognizes that their is no question that the property owners will benefit from such an abandonment. The City has a formal abandonment petition process that goes to City Council with staff recommendations. City staff would recommend to Council that no abandonment of Martin Avenue west of U.S. 1 be entertained unless and/or until a presentation of how the abandonment would be used for development and analysis of that development showed the benefits to the City. Should you have any questions regarding the above, please do not hesitate to call! Sincerely, City Planner PWJ:jk CC: Robert S. McClary Bruce Cooper David Fisher City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 DATE: TO: FROM: RE: 29 December 1989 Robert S. McClary, City Manager Dave Fisher, Engineering/Public Wo~~ ABANDONMENT OF MARTIN AVENUE - WEST OF U.S. 1 I have been asked to comment on the subject request for abandonment. The views of Engineering/Public Works are as follows. 1) The entire length of U.S. 1 on both sides, and especially on the west side, within the city limits is of particular concern from an engineering/public works point of view in that detailed traffic and utilities planning and engineering for the future are yet to be done. Specifically, the area in question is directly adjacent to and may well play a significant right-of-way role in the following items: a) Final determination of revised median cuts by D.O.T. in the median of U.S. 1; b) Possible widening of U.S. 1; c) Connection of new CR 512 with U.S. 1; d) Renovating/replacing existing underground stormwater collection system lines running underneath U.S. 1; e) Installation of the North County sewer system; f) Design and installation of a City or North County potable water system; and g) Underground placement of existing overhead power and telephone lines. more Engineering/Public Works ABANDONMENT OF WEST MARTIN ST. Page Two 2) We anticipate various resolution(s) and action(s) on the above items within the next three to five years. We also anticipate the Riverfront Study currently in progress will address each of these items to some extent and perhaps establish the framework and criteria for dealing with them. We may be able to do some fairly specific engineering planning when the Riverfront Study is complete and accepted. 3) Engineering/Public Works' main concern in the subject abandonment is that the City's right-of-way and other options not be foreclosed before we are certain what the future traffic patterns and utilities locations will be in that area. 4) We have no comment here regarding possible increased tax revenues~f/when the adjacent property is developed, nor do we have any comment regarding what type of development might be most appropriate there. 5) The conclusion of Engineering/Public Works regarding the subject request for abandonment is: We have no objection to such abandonment as long as the City's options regarding future planning and engineering on the above items are not foreclosed. We do suggest, however, that any abandonment action should await completion and acceptance of the Riverfront Study when a more informed decision can be made. X X X Copies: Bruce Cooper, Community Dev. Peter Jones, City Planner City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Golf Course Restaurant Approved For Submittal By: City Manager ) Dept. Origin: Citizen Request ) ) Date Submitted 01/04/90 ) ) For Agenda Of 01/10/90 ) ) Exhibits: Letter from Robert E. ) Potter, dated 12-18-89 ) ) ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Mr. Robert E. Potter has requested approval of a proposal to lease the restaurant facilities at the Sebastian Municipal Golf Course. While Mr. & Mrs. Potter appear to be highly qualified to manage a restaurant operation, I recommend that the request be denied and that any lease of these premises be done on a sealed bid basis. In order to bid this type of lease, detail specifications addressing many issues would need to be prepared. Further, the Golf Course Business Manager has recommended that the restaurant and bar be operated privately on a lease basis. RECOMMENDED ACTION Move to direct staff to prepare specifications to lease the restaurant and bar operation of the Sebastian Municipal Golf Course. ROBI~RT 1~. POTTER 816 I~RVTN STR~I~T SI~BASTIAN, ~LORIDA 32958 (407) 589-3740 December 18, 1989 Mr. Robert McClary City of Sebastian Post Office Box 780127 Sebastian, Florida 32978-0127 Re: Municipal Golf Course Restaurant Dear Mr. McClary: My wife and i, who have been citizens of the City of Sebastian for almost seven years, would like to make a proposal to the City with respect to the restaurant at the municipal golf course. We propose to lease the restaurant facilities at a reasonable and customary fee to the City, in order that we may serve the golfing public in a more appetizing and expeditious manner. After several visits to the restaurant, and after talking to Mr. Michael Galanis at the County Health Department, we feel our proposal would greatly increase the service to the community and particularly, to the golfers at our municipal course. We propose to offer a full breakfast and hot and cold lunch menu, and to maximize use of all City facilities now at the restaurant in order to offer our golfers the best service possible. We fully intend for our business hours to comply with the hours that the golf course is open. We will also cater to any groups at the City's request. It is our full intention to work with the City of Sebastian and the Golf Course Manager to determine the best way to serve the golfing public. In addition to running a small, privately owned restaurant in Hobe Sound, Florida, I have also been a chef at Jupiter Island Country Club and JohnJs Island. My wife, who previously has had extensive experience in the restaurant business, currently is a Vice-President of a multi-corporational entity and is enrolled at the Florida Institute of Technology in the Masters of Business Administration program. I feel that with our restaurant and business background, we are highly qualified to undertake this venture. Mr. Robert McClary December 18, 1989 Page 2 We would very much appreciate the opportunity to discuss this proposal further. Therefore, we respectfully request that we be put on the next agenda in order that we may implement our proposal as soon as possible. Sincerely, Robert E. Potter Robert McCarthy Robert McCollum Frank Oberbeck Lloyd Rondeau William Vincent Richard Votapka City of Sebastian POST OFFICE BOX 780127 ~3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407°589-5570 SUBJECT: Approved For Submittal By: City Manager ~~ ) Agenda No. ~1,.O]~fO /'7 ) ) Dept. Origin Plann/nq and ) ) Date Submitted 12/18/89 ) ) For Agenda Of 1/10/90 ) ) Exhibits: ) ) Planning and Zoning Minutes ) Resignation Letter EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Mr. Ed Gilcher (regular member) has resigned and the Planning and Zoning Commission has recommended to appoint Mr. Tommie Thompson (lst alternate) to the vacant member position for a full 3 ~ear term. RECOMMENDED ACTION Accept resignation of Ed Gilcher with regret and appoint Tommie Thompson (lst alternate) to regular member for a full three ~ear term. PLANNINO AND 20NINO COMMISSION REOULAR MEETINO MINUTES bECEMRER 21, 1989 PAGE TWO SITE PI_AN - PUBLIC WORKS COMPOUND - CITY OF SEBASTIAN DAVID FISIIER SPEAKS FOR THE CITY :OF SEBASTIAN AFTER SOME DISCUSSION REGARDING ltlE LOOKS OF-THE BUILDING AND TTS PROXIMITY ICi THE NEW 512 CORRIDOR THE FOLLOWING MOTION WAS MADE. A M¢)'TION 1'0 APPROVE THE SITE PLAN FOR THE CITY OF SEBASTIAN [:"LIBLIC WORKS COMPOIIND AT 805 LOUISIANA AVE PLAN DATED l l-l$- ,qg BY MR. WADSWORllt SECOND BY MR FI]L_LERTON - PASSED I..INAN l MOI.!SL Y. SECRElARY Al)VISES CHAIRMAN 1HAT A REPRESENTATIVE FROM r, N _ ,')U I..iGHT- tlOMES HAS ARRIVED AN[) COULD THEY PUT IT BACK ON THE AGENDA. A MOIIC)N l'O PUl' 'I'HE MODEL IIOME PERMIT FOR SUNLIGHT HOMES BACK ON 'IHE AGENDA WAS MADE BY MR. FIJLLERTON SECOND MR. THOMPSON PASSED IJNANIMC)IiSLY. ANTERC) FIGUEIREDO - PRESIDENT - SPEAKS FOR THE PERMIT P1R, 'IIIOMPSON ._GTATES IS AN ALL BRICK HOME WHICH SHOULD BE AN ASSET TO 'IHE COMMLINITY. I'ltERE WERE NO C)IHER QUESTIONS. PUBLIC II[!ARING WAS OPENED AT 7:t41 P.M. CLOSED AT 7:Ltl P.M. t,l() C(1MMEN I'S A MOTION '10 Ar'PROVE THF MOl)EL HOME PERMIT FOR SUNLIGHT HOMES Al 15Sq HARL1ER $1REEI WAS MADE ElY MR. THOMPSON SECOND MRS. K II K ELL. Y PAF4.SED I~NAN].MOI..L~I..Y. RI':SIGNAI-IC)N OF MR. GII_CHER MR. FUI_I._ERTON REQUESTS A LETTER OF THANKS BE MAILED TO MR, GILCHER. TttERE WAS MLICtt DISCUSSION REGARDING THE FACT IlIAI' MR. (._;IlCttER WOIJLD BE SORELY MISSED BY THE COMMISSION PER MRS. K ILKELL.Y HE WAS A MOVER AND A SHAKER AND GOT THINGS DONE AHf) TIlE C()P1MISSION WILl_ MISS HiM. THE REST OF THE COMMISSION MFMRFRS FEEl., THE SAME WAY AND Srl STATED. %.017 PI,ANNING AND ZONING COMMISSION REGULAR MEETING MINUTES DECEMBER 21, 1989 PAGE THREE A MORION lO RECOMMEND 1'O CITY COUNCIL THAT THE RESIGNATION BE ACCEPTED WITH REGRET AND A PLAQUE BE AWARDED FOR TIME SERVED WAS HADE BY MR. THOMPSON, SECOND MRS. KiLKELLY PASSED UNANIMOUSLY . A MOTION 10 RECOMMEND TO THE CiT~' COUNCIL THAT FIRST ALTERNATE I'OMMIE THOMPSON BE APPOINTED TO FILL THE VACANCY AND THAT PERMISSION TO SEEK A SECOND ALTERNATE BE GIVEN WAS MADE BY MRS, F, ILKELLY SECOND MR. WADSWORTH UNDER DISCUSSION Tile COMMISSION WAS ADVISED THAT MR. GILCHERS TERM EXPIRES IN FEBRUARY OF 1990 AND I'HAT THE COMMISSION SHOULD ALSO RECOMMEND TIIAT TilE COUNCIL MAKE THE APPOINTMENT FOR A NEW IHREE YEAR I'ERM MRS. KiLKELLY AND MR, WADSWORTH AGREE TO AMEND 1HE MOTION TO SO STATE. PASSED LINANIMOUSLY. .---'--CtlAIRMANS MATTERS; NONE MEMBERS MAll ERS: MR. THOMPSON I'HANY. S BRUCE FOR THE COPY OF 1HE ZONING NEWS FIE SUPPLIED THE BOARD. MRS. KII.KELLY SPEAKS AS LIAISON FOR TilE CITIZENS FOR A BEAI,_II'IFIlI_ SEBASTIAN AND THAT THE US #1 MEDIANS ARE THERE FIRSI REAl,. PRO,JECT. SItE STAT'ES THE CITY COUNCIL WILL BE REC. EIVINO A RECOMMENDATION AT THEIR NEXT MEETING WITH REGARDS 1'O IltIS MAI'I'ER. MR. MAHONEY QUESTIONS WHY RICHARD FEY SITE PLAN WAS REMOVED AND MR. FISHER STALES IT WAS REMOVED AT HIS REQUEST AND NOT litE APPLICANFS AND THAT.MR. FEY WAS WORKING WITH THE CITY TO' GET EVFRYTttING 'TAKEN CARE OF PRIOR TO COMING BACK BEFORE THE R('~ARI). MR. WADSWORTtt S'[AiES Tile ANNEXATION COMMITTEE WILL HAVE SOMEIHiNG BEFORE THE COI. INCIL AT THE NEXT MEETING ALSO. ENGINEERS HAI"TERS; DAVE TALKS ABOI.IT THE COMMISSION COMING IN 10 I'ALY,, W]IH HIM BEFORE 'THE MEETINGS WHEN THERE ARE ANY f~I,iESTTONS fin SII'F PLANS WHICH CAN BE RESOLVED PRIOR TO THE MEEIING. l-lIE COMMISSION STALES IT IS A GOOD IDEA, RUILDING OFFICIAl. MATTERS; BRUCE STATES A SMALL SIGN STUDY WILL BE MADE WITHIN TilE NEXT FEW MONI'HS AND DISCUSSES THE FAC1 THAI IHE BUSINESSES ON LOUISIANA AVENUE WILL BE SCREENING 1HERE FACILITIES WITHIN THE NEXT FEW WEEKS. q- 1 CI!'Y Pi_ANHER ..lA ES 1}lE RTVERFRONT STUDY WAS APPROVED BY CITY COIINCIL AN[) IS NOW UNDERWAY. HEEI'1NG A[),I()LIRNED Al 8:10 P.M. 661 Wimbrow Drive Sebastian, FL 32958-4255 (407)589-4460 December 18, 1989 Mr. Stanley Krulikowski Chairman, Planning and Zoning Commission City of Sebastian Dear Sir: I resign from the Sebastian Planning and Zoning Commission as of this date. My reasons for this action are personal. I appreciate the opportunity to have served the City of Sebastian for the past two years. Sincerely, Edwin A. Gilcher SEBASTIAN POLICE Date To Subject .' Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 MEMO August 2, 1989 Kathryn M. O'Halloran, C~lerk Lt. David J. Puscher Background Investigation - John Lindsey I have received favorable responses on background inquiries for the above-named subject. In addition, a criminal history inquiry has not revealed any prior arrests for this subject. DJP/pp CITY OF SEBASTIAN "'"/ '"" ;'~--;J "i~.'~ N~e = Da=e of Birth= ~ ~_ ~ Sex~ Male Social Security Number: Note: Each question must be completely answered, if additional space is required, please attach additional sheet(s) and clearly identify the question to which you are responding. List all residential addresses for the past ten years, beginning with your present affdress and working back in reverse chronological order. Please include your present residential telephone number. Present Street Address:553, Crosscreek Circle, San Sebastian Springs S~ha~t]an, Florida 3295~ ................. Telephone: (407) 589-4224 Present Mailing Address (if different): Street Address: ~n4o mn~h~r Street, Sebastian, Florida 32958 Street Address: ~=~n~.o.~.~ ~nn~. ~bastian0 Florida 32958' Street Address: Are you a registered voter in the City of Sebastian? Are you a registered voter in Indian River .County? F..aucation High School= vo~ nonnh H~h SchOol Address: ~;o~n noneh. W]nrida 32960 Date of Graduation: College/University: Address: Major: Degree Received: Dates A~:~:ended: College/University= Address: Degree College/University: Address: Major: ~ Dates Degree ~mPloyment List all employment activity for the past ten years, beginning with your. present position and working back in reverse chronological order. Please include the telephone number where you can be conuacted dur.ing, business hours. Present Occupation: Employer: . f _. Date of ~-m~loyment: .... . ,, .... Phone: Occupation: EmPloyer: Malting Address: Dates of Employment: · Occupation: .' Employer= Mailing Address: Da~e of Employment:. . ...... ' Phone: ..... Describe in detail all of your business or military experience which You believe is particularly applicable to the position you are seeking. ~ tion of new homes'and· smal~ commercial buildings .' Please list all rofessional Which you hold (contractor, accountant, etc.Y licenses, Name of ,. ' ' ~ .' r_al_CO~ra_ctor . . License: ' Issuing IAsUthorit.y. . Lice.n'§~ng o Date of s. uance. ~a_ ~ ~ _ ~ 9 .... Date ~ of Expiration: a_ ~ n. 9 2 .... 2 Name of License: ~,~1 Estat~.~Sale.~.m~D ...... Issuing Authority: ~.,~ ~ ~ Estate Date of Issuance: ~.19-89 .L Date of ExDiration: 3~1~91 Please list the names of all.relatives who are presently employed by the City of Sebastian; serving on an appointed Board of the City of Sebastian; or who are Members of the City Council. Have you ever been convicted of :a felony or a misdemeanor involving theft or dishonesty? No If yes, please indicate charge, name of adjudicating court, date of adjudication, and sentence. References Please identify two persons who can provide information as to your reputation in the community. Name: ~m Wadsworth ...... Street Address: ~17 Breakwater ~rrace~..,,~e~ass'f~'n~'"~orida' '3zgD~ Mailing Address (if different): Residence Telephone: 589-7543 Business Telephone: Mailing Address(if different): Residence Telephone: Business Telephone: In the event that you are applying to serve on the Construction Control Board or the Code Enforcement Board, you must identify two individuals, other =hah present or past employers, who can provide information concerning your reputation in the business community. Name: Street Address: Mailing Address (if different): Business Telephone: Name: Street-~ddress: Mailing Address "'(if""'differen~): Residence Telephone: Business Telephone: Please provide a brief statement as to why you are seeking this appointment. ; ~ ~r ~.he ci%¥ .and learn more about planning and zoning I acknowledge that i have read Constitution and Laws of the State general qualifications for and responsibilities of official, including the following specific provisions: Florida Constitution Article II, Section 5a - Dual Office Holding Article II, Section 8 - Code of Ethics Article VI, Section 4 - Disqualification for Felony Conviction Florida Statutes (1987) Section 116.111 - Nepotism ' Section 112.311 - Legislative Intent and'Declaration of Policy Concerning Code of Ethics Section 112.312 - Definitions Concerning Code of Ethics Section 112.313 - Standards of Conduct for Public Officers and ~mployees of Agencies Section 112.3141 - Additional Standards of Conduct for Public Officers Section 112.3143 - Voting Conflicts Section 112.3144 - Full and Public Disclosure of Financial Interests Section 112.3145 - Disclosure of Financial Interests and Clients Represented Before Agencies Section 112.3146 - Public Records Section 112.3147 - Forms Section 112.3151 - Extensions of Time for Filing Disclosure Section 112.317 - Penalties for Violation of Code of Ethics Section 286.012 - Voting Requirements During Meetings of Public Bodies 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 ~o investigate the truthfulness of all informa=ion which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualifica=ion or removal. the relevant sections of the of Florida pertaining to the a public 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, 4 incompetence, or permanent inability to perform his official du=ie$. Further, I understand that the Ci=y Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor rela=ed ~o =he duties of his office or who is indicted or i~formed against for the commission of any felony or misdemeanor. ~ ~ ...... __~~~~__AND SUBSCRIBED , 19Fw . before .me this ~O-c~ day of Notary ~ublic% S6a=e'~o~ My Commission Expires: ~ly Com~issi0n Expires Aug. 22, ~o~ded Thru T~oy Fain. Inturanc. Inc,, 5 SEBASTIAN -POLICE" DEPARTMENT Post Oflice Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 HEHO DATE : May 5, 1989 TO : Kathryn M. O' Halloran, City Clerk FN~M : Lt. David J. Puscher, Cc~mander C.I.D. SUBJEC'~ : Your memo dated May 2, 1989 The background investigation on Damian GLlliams w~s completed and forwarded to your attention April 20, 1989. A seccnd copy is attached for your convenience. Backgound investigation on Joan M. Kostenbader was received by your office May 3, 1989. DJP:Jh DA'I'~ : 2-0 : FT~CH '.BASTIAN ,LICE" ,EPARTMENT Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 MEMO April 20, 1989 ~ Kay O'Halloran, City C Lt. David J. Puscher ~ Background Investigation - Damien Gilliams Damien H. G~lliams is not listed as a wanted person... Gilliams has a current Florida Drivers License, operators class, expiring August 1, 1993. This license is valid in Florida only which is indicative of the possession of an additional Out of State Drivers License. G~ 11 ism has shown on his application to be a 50% owner of Mid Florida Real Estate however, he is not listed as a Corporate Officer as of 2/17/89. The registered agent is shown to be Gregory R.' Golien also shown as the President, Secretary and Treasurer. Additional Corporate Officer shown is David Urquhart as Director. Mr. Greg Golien advised, Gilliams is a new partner at 49% and a Corporate correction has been made within 2 -'3 weeks of this date. A check with Department of Professional Regulation shows G~iams to hold a current .Real Estate License in Florida and it is shown as active with Mid Flor/da Real Estate. D..P.R. does not show Gilliam as a partner in the company. All personal responses received were positive in that nothing reflected would tend to disqualify Gill/am frown appointment to a City Board. ~ State University of New York in Buffalo shows the completion of one semester in 1978. DjP:Jh City of Sebastian POST OFFICE BOX 780127 I~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 March Z1, 1989 TO: FROM: EARLE PETTY, CHIEF OF POLICE ~0,~~ KATHRYN M. O'HALLORAN, CITY CLEREw~'' Attached please find application of Damien H. Gilliams for investi§ation re: Resolution No. R-89-13. LR Enc. ~e. D~IEN H. CILLI~S Date of Birth= 8-1-60 Social Security N~er: Note: Each question must be completely answered.. If additional space is required, please attach additional sheet(s) and clearly identify the question to which you are responding. List all residential addresses for the past ten years, beginning with your present address and working back in reverse chronological order. Please include your present residential telephone number. Present Street Address: Present Mailing Address Street Address Street Address Street Address 516 GERALD STREET, SEBASTIAN, FLORIDA 32958 Tele~h n'e ........ ....... o : 407,589-6635 (if different): SAME AS ABOVE 711..JA.CKS0.N STREET, SEBASTIAN, FLORIDA 3955~ RIVER OAK LANE, SEBASTIAN, FLORIDA 32958 32958 218-37 HILLSIDE AVENUE, QUEENS VILLAGE, NEW YORK, NY Are you a registered voter in the City of Sebastian? YES Are you a registered voter in Igdian River County? Education High School .-' 11427 CHRISTOPHER COLUMBUS HIGH SCHOOL ASTOR ................................. Address: 925 'AVENUE, BRONX, NY .... Date of Graduation: ~UNE 1976 ........ College/University: STATE UN~V. ERSiTY OF NEW YORK AT BUFFALO Address: .MAIN STREET CAMPUS.~ .,BUFFALO, NY .......... Major: BUSINESS .ADMIN. Dates Attended~ "8/78 - 6/19 ......... Degree Receive~.. ' . ............ College/University: Address: .......... Major: Da~es Atte~d'e~: Degree Received: College/University: Address: ......................... Major: .............................. Dates Attended Degree Received: Employment List all employment activity for the past ten years, beginning with your present position and working back in reverse chronological order. Please include the telephone number where you can be contacted during business hours. Present Occupation: 50Z OWNER OF ERA MID FLORIDA REAL ESTATE Employer: ....................... Mailing Address: 1623 N., US#l, SUI~E'A-5, SF~BASTIAN, Date of Employment: SEPT. 1986- PRESENT' Pho~'e: 407-589-4377 Occupation: OWNER OF B & D INTERNATIONAL MODELS Employer: .... Mailing Address: ~'1.., ~.JACK'SON STR~F.T, ~:~A'~'r£AN,. ~:~ .32958 Dates of Employment: JAN. "~985- SEPT. 1986 Occupation: GRAPHIC ENGINEER - ABC NIGHTLINE NEWS Employer: AMERICAN BROAD CASTINg, INC. - ....... Mailing Address: 30 WEST...67th ST_.., NY, NY 10023 ................... Date of Employment: ~MAY 1980 .... -JAN .... 1985 ~6~e: ~'~"~-TVT-fgo0'" Describe'in detail all of your business or military experience which you believe is particularly app, licable to the position you are seeking. .. E~PERIENCE IN_~OMM~NICATION~; BEING A~T.E TO COMMUNICATE WITH TN~ Pt~BLTC EFFECTIVELY. T~REE YEARS EXPERIENCE IN RE~L ESTATE--WITH EX- T~?U~ ~N~.~DGE OF CITY COD~S..AND ORDINANCES. Please list all professional licenses which you hold (contractor, accountant, etc.) Name of License: REAL ESTATE Issuing Authority: DEPT OF PROFESSION~EG6LA~'ION ~. Date of Issuance: SEPT. 19.86 Date of Exp-~'r'~tion: 1990 2 Name of License= ~E Issuing Authority= Date of Issuance= Please list the names of all relatives who are presently employed by the City of Sebastian; serving on an appointed Board of the City of Sebastian; or who are Members of the City Council. Have you ever been convicted of a felony or a misdemeanor involving theft or dishonesty? NONE If yes, please indicate charge, name of adjudicating court date of adjudication, and sentence. , References Please identify two persons who can provide information as to your reputation in the community. Name: JIM ABELSON Street Address: I623 US Mailing Address Residence Telephone: -- Business Tel&phone: ~ 5~9_'~106 Name: S- CH ' ~reet Address: I~R , . ---_ Mailing Address (if different): ; Residence ,,Telephone: ' , Business TelePhone: ~ 5'89_~500''' In the event that you are applying to serve on the Construction Control Board or the Code Enforcement Board, you must identify two individuals, other than present or past employers, who can provide information concerning your reputation in the business community. ~... . Mailing Address (if different): Business Telephone: ~ '--- ~-48oo Name: · .. DOUGLAS WRIGHT ( ' different): Residence Telephone: Business Telephone,: 589-093 3 Please provide a brief statement as to why you are seeking this appointment. TO HELP SERVE THE COMMUNITY IN ITS BEST INTERESTS I acknowledge that i have read the relevant sections of the Constitution and Laws of the State of Florida pertaining to the general qualifications for and responsibilities of a public official, including the following specific provisions: Florida Constitution Article II, Section 5a - Dual Office Holding Article II, Section 8 - Code of Ethics Article VI, Section 4 - Disqualification for Felony Conviction Florida Statutes (1987) Section 116.111 - Nepotism Section 112.311 - Legislative Intent and Declaration of Policy Concerning Code of Ethics Section 112.312 - Definitions Concerning Code of Ethics Section 112.313 - Standards of Conduct for Public Officers and Employees of Agencies Section 112.3141 - Additional Standards of Conduct for Public Officers Section 112.3143 - Voting Conflicts Section 112.3144 - Full and Public Disclosure of Financial Interests Section 112.3145 - Disclosure of Financial Interests and Clients Represented Before Agencies Section 112.3146 - Public Records Section 112.3147 - Forms Section 112.3151 - Extensions of~Time for Filing Disclosure Section 112.317 - Penalties for Violation of Code of Ethics Section 286.012 - Voting Requirements During Meetings of Public Bodies I hereby Certify that I am q~alified 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 Councillor 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 re~ated to the duties of his office or who is indicted or informed against for the commission of any felony or misdemeanor. , 19 '~7.' before .me this /7 day of Florida Nora y~ic, State of ....... My Commission Expires: /c~/~/~. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Status Report Approved For Submittal By: City Manager Agenda No. Dept. Origin: Annexation Committee Date Submitted: 01/04/90 For Agenda Of: 01/10/90 Exhibits: - Summary of Meeting, 10/27/89 - Map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Annexation Committee held its first formal meeting October 27, 1989. A written summary of that meeting is attached for your review. Also, a loose-leaf binder has been set up in the City Clerk's Office in which summaries of minutes of the meetings of the Committee will be kept for your personal use. The attached summary describes four (4) action items (item #4) including presentation to Council of possible approaches to land owners within the area under consideration for annexation (see attached map). A list of those property owners has been researched as well as a map showing the respective parcels of land. RECOMMENDED ACTION The final action items stated in the Summary do focus on issues that reflect policy decision and direction. Recommendation to Council would be to 1) Workshop these issues and 2) as a result of the workshop direct staff to prepare letters to land owners if appropriate. SUMMARY MEETING OF ANNEXATION COMMITTEE FRIDAY, OCTOBER 27, 1989 - 9:00 A.M. CITY MANAGER'S CONFERENCE ROOM 1225 MAIN STREET, SEBASTIAN, FLORIDA PRESENT: Robert McCollum, Councilman James Wadsworth, Vice Chairman, Planning and Zoning Commission Peter Jones, City Planner Press Journal Sebastian Sun James Wadsworth introduced comments about what this first meeting might accomplish: Determine role of this Committee (more than just fact- finding - advisory to Council) Determine what incentives to be made available to existing property owners (of land to be annexed) Determine a level of "study" appropriate for annexing this land in order to comply with the agencies that will review such a process (Treasure Coast, DCA, etc.) Discussion of what specifics the City will be responsible for: services, environmental issues, etc. 3. Discussed approach to the annexation: Set "ground rules" for what agreements the City would make with landowners:* A.1 - 5 year City tax deferment for existing business A,2 - 5-7 year deferment for vacant property A.3 - Should property be developed or change hands during this period the deferment is voided This is the Committee's recommended approach, to be brought up at the next Council Meeting (probably under Councilman McCollum's matters) With Council approval the Committee would contact property owners personally (rather than letter, etc.) Final Action: A. Present recommendation to Council B. Peter Jones to get final determination of property owners (in area of proposed annexation) C. Review service issues (i.e., Police Chief to help, etc.) D. Parallel to this formulate City "policy" for this and future annexations "il ~lllllii ,, d ~ City of Sebastian POST OFFICE BOX 780127 i-I SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Median Landscape Improvements Approved For Submittal By: City Manager Agenda No. ~/'/~)~ ~r)..<? ~"~ Dept. Origin: Community Development Date Submitted: 01/04/90 For Agenda Of: 01/10/90 Exhibits: - Memo dated 1-03-90 - Diagrams EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT For a minimal investment the City has the opportunity to install median landscaping along U.S. #1. The attached memo describes such proposal along with estimated costs. Rv. COMM~.ND~-D ACTION The Median Landscape Plan be approved as described for instal 1 ation. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 OATE: TO: Pichav'd B. Votapka, Mayor and Sebastian City Council 1HROUGH: Robert S. McClary City Manager FROM: Peter W. Joje~ City Planne RE: U. S. f~l Median Landscape improvements within the City limit~ of Sebastian Ot~ December 12, 1989, City Manager Robb McOlary and City Staff met with members o~ the Citizens for a Beautiful Sebastian Committee to discuss the current appearance of U.S. ~! within the Sebastian City limits. Specifically, what migi~t be done with the median in teems of general clean-up, maintenance, landscaping and signage (a new "welcome" sign). bm]ow a~e provided here for your ,.-eview. The plan, or typical landscape area (see attached Landscape Area plan) would be repeated at specified median locations along U. S. ffl <see attached location program). Two of the locations, one at the north city limits and one at the south city limits would incorporate a new City of Sebastian "Welcome" sign to traveler~ ~outhbound and northbound on U)S) R1 ~-espectively. Other' landscape area locations would continue the planted materials but without the sign. The landscame area itself consist~ of Your elements: fill dirt (providing better ~oil ~or the newly planted materials), and (a bahia type has been specified), ground cover (periwinkle) and a low height shrub (juniper procumben). The combination provides color, texture, scale and character that can be repeated in "i~land" like ~ashion seen as one travels ~rom one end of Sebastian to the other. Maintenance and hardiness were key considerations in the plan process as well. Th~ landscape areas require only minimum maintenance including water from Public Works water truck along with selective trimming and pruning on a scheduled basis. Page Two A cost estimate has been deteFmined Cot both the landecapm area and the "welcome" sign. The landscape area itsel~ (see plan attached) would cost $700.@© per area, with installation pro¥ided by Public Works. ~llowing ~or an additional $750.00 ~or a designed sign with sandblasted letters and color, the ~andscape area with sign would be approximately $1,~50.00. The landscape plan will require review by FOOT, however sta~ has discussed preliminarily with FOOT e~ngineers any ,-equi~-ements ~-or signage and planting and the p~oposed plans meet these FOOT ~equi.~emmnt~. It should be al~o noted that current FOOT project scheduling places median and mtormwate~ recon~tructinn aL least 2 yem~m away. We cecommend City Council approve this plan as described, along with budgeted monies ~or installation. The benefits the new landscaping and signage will ~ar exceed the minimal ~nvestment required and will continue the City's developing aesthetic awa~-eness. MEDIAN'LANDSCAPE AREA LOCATION DIAGRAM Landscape Area With Sign Pote~'tial Locations Lands~e. Area Only ,Landscape Area With Sign / · Existing Median New Sod Ground Cover Low Shrubs Sign (at north and south City Limits) Low Shrubs Ground Cover New Sod ~Existing Median TYPICAL MEDIAN LANDSCAPE AREA City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-58~5570 SUBJECT: SPEC/AL USE PERM/T FOR MA~Y FLOOD Approved For Submittal By: City Manager EXPENDITURE REQUIRED: ) ) ) ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: ) Site Plan packet ) P & Z minutes of December 7, 1989 ) Technical Review Committee memo dated Dec~mS~r 7. 7Clflg_ Dept. Origin Dept. of C~m~m/tu Dsve/o~t 1/3/~0 AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Mary Flood is requesting permission to construct a single-family dwelling at 1716 Indian River Drive. Section 20A-3.12(D) of the Land Development Code requires residential uses to obtain site plan approval from the Planning and Zoning Commission and a special use permit from the City Council. On December 7, 1989, the Planning and Zoning Commission approved the site plan and the Commission has recommended approval of the special use permit. RECOMMENDED ACTION Move to direct the City Attorney to draft a resolution for the special use permit and set the public hearing for February 14, 1990. APPLICATION FOR SPECIAL USE PERMIT In accordance with Section 20A-2.6, Land Development Code, the City Council may, in its sole discretion, grant a special use permit in any district for a use which is not provided for in the zoning regulations. Ail such uses shall not be otherwise illegal, and shall not be specifically prohibited pursuant to the comprehensive plan or other applicable law or regulations. The City Council shall not grant any special use permit under this section unless it shall make findings based upon the evidence presented to it in each case that: 1) 2) The granting of the permit will not be detrimental to the public safety, health or welfare or be injurious to other properties or improvements within the immediate vicinity in which the property is located; and The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district. The fee for a special use permit is $150 (established by Resolution No. R-88-09). In addition the applicant must provide the City Clerk's office with a list of the surrounding property owners within a 200' radius of the subject property along with the appropriate certified return receipt mailing fee (currently $1.67 for U.S. mailing). NAME OF APPLICANT: Mary Flood ADDRESS OF APPLICANT: P.o. Box 780277, Sebastian FL 32978 APPLICANT P}{ONE %: 589-2207 ADDRESS OF SUBJECT PROPERTY: 1~.16 Indian River Drive LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Attachment ZONING OF SUBJECT PROPERTY: GMC REASON FOR REQUEST FOR SPECIAL USE PERMIT: family dwelling. To construct a single THE BUILDING OFFICIAL MAY REQUIRE ADDITIONAL BACKUP INFORMATION FOR CERTAIN REQUESTS Approved for City Council action: ' di b: specuse, app Date APPLICATION OF SITE PLAN CITY OF SEBAST'IAN P.O. BOX 127 .. 1225 HAiN STREET ,, . SEBASTIAN, FLORIDA '- " TELEI'IIONE: 589-5330 ~his site plan application must be completed sad returned with all enclosures referred to herein, to tile City Clerk's Office. This application will then be relerred co the E. gineer and/or outer designated officials. In nccordnnce ~ith Ordinance O-85-14, ~nd Developmen~ Code, "Site Plus Review, Article ]'", APPLICATION NO. DATE /' CROJE~ ARCIIIT~ ADDRESS PIiONE ADDRF~S PHONE ZONING C~SSIFICATION ~ ~ND USE DESIGNATIOH LEGAL DESCRI~ION OF PROJE~ {~IG ~ NO ~A~ ~'t.~ ~ ~ STRE~ ADDRESS OF PROJE~ ~ ~~D~ ~IOPOSED USE ~O~ ~c~.. DEVE~PNE~ SITE SIZE , L~ ACRE9 SQUARE FOOTAGE OF NE~ IHPERVIOUS SURFACE SIGNATURE OF APPLICANT ~IE FOLLOWING ATfACIffIENT9 $11ALL ACCOHPANY TIlE APPLICATION: 1. A copy of the owner's recorded deed, 2. If npplicnnt is other than the owner, n sworn statement of authorization. 3. A veriiied statement of each and every individual person hewing legs1 end/or equil- uble ownership interest in the property, except publicly held Corporations, must su,m~it the name and address of tile Corporation and Prtnctpul Executive'Officers. 4. Twelve (12) copies of all pIsna. 5. Site plan review fee of $ ~?$?~- tile City of Sebnstinn. SiTE PLANS: in cash or check drawn to tile order of Less than 5,OO0 square feet of impervious surface of residentiul projects of e si.gin building having no more thnn Less thnn five (5) acres, Five (5) acres, but, less than ten (IO) acres. Ten (IO) cures to fifty (50) acres. Over fifty (50) acres. $350.,00 $500.00 $750,00 $15,O0/acre ALL APPLICANTS ARE ENCOURAGED TO SClIEDULE A PRE-APPLICATION COI{FERENCE ~ITII TIlE PLANNING AND ZONING COHHISSION OR IN-IIOUSE ~q'rAFF PRIOR TO TIlE SUBHITTAL OF PI.ANS, PI~E-APPLICATION CONFERENCE FEE: $lOO.OO AND REQUIRED APPLICATION FORM PER CiTY I:E.qOLUTI ON ~-85-62 xd2-/ RECEIVED NOV I I~ l~89 WARRANTY DEED BY THIS SPECIAL WARRANTY DEED, DAVID BURNS and MILDRED BURNS, his wife, grantors, in consideration of ten dollars paid by the ROBERT L. FLOOD and MARY B. FLOOD, Post Office Box 277, Sebastian, Florida 32958, their successors and essigns, grantee,, conveys to grantee the following-described real property in Indian River County, Florida: From the intersection of the easterly right of way of Old U.S. Highway No. 1, and the South line of lands described in deed book 43, Page 428, Public Records of India~ River County, Florida, thence run S 26 44'00" E, along said easterly right of way, a distance of 50.0 feet, to the point of beginning of the herein described parcel; thence continue S 26 44'00" E a distance of 61.29 feet; thence S 89 45'36" E a distance of 139.0 feet, more or less, to and into the waters of the Indian River: thence Northwesterly, along the indian River, a distance of 123.0 feet, more or less. to a point that is 50.0 feet South of and parallel to said South line of lands described in deed book 43, page 428, thence S 64 53'36" W, parallel to said eouth line, a distance of 100.0 feet; more or less to the point of beginning. Grantors certify that they do not own any other property subject to a mortgage insured or held by the Robert L. Flood and Mary B. Flood. This deed is an absolute conveyance in satisfaction of that certai~ mortgage dated December 6, 1985, filed and recorded in Official Records Book 0723, Page 1514, of the public records of Indian River CountY, Florida, given by David Burns and Mildred Burns, his wife, to Robert L. Flood and Mary . B. Flood, his wife. Grantors covenant with grantees that grantors are lawfully seized of the property in fee simple; that grantors have' good right and . l~wful authority to s~T1 and convey the property; that grantors warrant the title to the property for any acts of grantors and will defend it against the lawful claims of all persons claiming by, through or under ~rantors. Witness my hand and seal this/~ day of ~L~ , 1989' signed, Sealed and MILDRED BURNS NTY ~ INDIAN RIVER I HEREBY CEKTIFY that on this day, before, me, an officer duly authorized in the State and County aforesaid, to take acknowledgements, personally appeared DAVID BURNS and MILDRED BURNS, his wife, to me known to be the persons described in an who executed the foregoing instrument and they acknowledged before me that they executed the same, WITNESS my hand and official~3~)~~l~%n _t~ County and State last aforesaid this ~ day of , 1989. state ~ Florida STATE OF FLORIDA D£PARTM~ITT OF HEALT~ AND ~ILITATI~ SE~I~S Application ~PLI~TION FOR V~M~CE F~M ~R 10~6, ST~S FOR ONSI~ S~AGE DISPOS~ S only) Authority = Chapter 381, FS Chapter 10D-6, ~7'. S~ate law provi~e~ =ha= a vari~ce c~no~ be gr,=ed ~less= (1) ~t~ sa stated hardship was no= caused intentionally by =he applic~t~ (~ =eason~e a~e~ive p~lic health and/or si~ific~=ly degrade gro~d or's~face wa=er P~T I - SI~ ~O~TION Name of Agent or Applicant ~ ~ (if other than owner) City State Subdivision ~' tt~6 Ad~ress Code Telephone ~ ,,(. ) ...... otject Pr~operty: No. ~ Block No. Plat No. Page No. This area is mostly: ~ral Urb~ Residential ~.. C~erci~ SAdie H~dship and'reason for v~i~ce re,es== (Atta=h separate sheet if necessa~) ~ ' (Si~ture of ~er 6 Appltc~t) ~ (Date) INSTRU~IONS FOR O~R OR ~PLI~ 1. Complete Par= I ~d s~t it wi~ ~y suppo~ive ~terial ~d doc~en=s to the Cowry Healt~ Unit in the cowry where yo~ property is located. .A site ~1~, site location, ~d referent, map is re~ired. If your property is descried.by metes ~d bo~ds, s~ a copy of ~e me,es and description. 3. A separate application mu~t be ~iled for each si=~ considere~ for vari~c~ except where a vari~c~ from Chapter 381.272(2) ~d {3), FS, i$'re~ested. 4. In the line~ space ~ove, state reasons for rm~esting a vari~ce from the re~lrement o~ ~apter 10D-6, FAC. E~lain why a vari~ce from the Code ~uld relieve or pre~ent excessive hardship. ~so, provide =ec~ical doc~entation to support your supposition =ha= a vari~ce would not likely result in poilu=ion or i~ai~en= =o p~lic health. 90.,C, z.. '-' .'~__~Jl~,,,~h~ DEPARTMENT OF HEALTH AND REHABILITA~~J~~ ~ " Authorit~ Chapter381, ~ ~'-- ~: . ' Chapter 10D-~AC_~e ~ ~_~ .. ,, .. . ~*" ~ , :..', ........... PART I' SYSTTTaTt:e:yT:j~UCTION SPEClFICATION2n~2: 7m~OVAL-ra,.~~.o~ Size Bed Septic tank or.-~ :)/1 Grease aerobicunit_.~_~Ugallons interceptor__ gallons '~/~ Square Feet Square Feet Septic tank or aerobic unit.__ gallons Dosing tank__ gallons Square Feet Square Feet Graywater tank , __ gallons Square Feet Square Feet Laundry waste tank __ gallons Square Feet Square Feet Other Requirements: (a) Installation must be in accord with requirements of chapter 10D-6, FAC. (b) A system construction permit is valid for a period of one calendar year from date of issue. (c) Final installation inspection and a~proval is recluir~c~, before the system is covered. __ ._ ~,~ to be. benchmark. Invert of stub-out for Inved of stub-out for Invert of stub-out for ! (e) Fill quality and quantity:. benchmark. benchmark. /. / System design and specifications by: ' .;! ? Title -""// ' ' / t ~': Construction authorized by: ,/~ ??J /_:[~-' ..... .:-.~ ~-~'/~ Date -,---. I - ,? ..=. .------:-M~ :--4/I, ~L(V~: r~., ,'~,~, C~iiJnty.Pub~~ Unit Nole: Compleled copies of lhis form~will ~e provided lo~i~e applicanl, in~taller and the building de~a~menl. ,/ (St~k Num~ec 5744-~1-~16-~ ~ , Page 1 of ~ BUILDING PE~IT , . ~BLDGPE~~ *********************************************************** * ~o~ oFF~cE us~ o~ / ~-~ ********************************************************************** ** TOTAL NUMBER OF ERU~S , IS COUNTY WATER AVAI~BLE= YES ~NO IS F~CHISED WATER AVAI~BLE: YES /NO iS F~NCHISED SEWER AVAI~BLE: YES ~O * * * * * * * * * * * * * * * * * * * * WATER IMPACT FEES WATER TAP IN C}{ARGES WATER DEPOSIT WATER INSPECTION METER INSTALLATION SEWER IMPACT FEES SEWER TAP IN C~ARGES : TAPS @ SEWER DEPOSIT : DEPS @ SEWER INSPECTION ! FEES @ FRANCHISE REQUIREMENTS IF ANY: ERU'S @ $1246.00 EACH ..... TAPS @ $186.50 EACH DEPS @ $40.00 EACH , FEES @ $20.00 EACH ~ 5/8" X 3/4" @ $115.00 I ~OTHER @ ! ~_ERUtS @ $1366.00 EACH $186.50 EACH $40.00 EACH $20.00 EACH , , , , , , , , DIRECTOR OF UTILITY SERVICES TOTAL .A NCE ouE $ APPROVED FOR UTILITY ~U%TTERS DATE SIGNED A~r_. PWN. BY: ~.~.~. lSC^LE: ~', ~o' TYPE DATE JOB # 'HUGH J. BMI13,1 LAND 8URVEYING, INC. RECEIVED NOV 2 0 1989 DI.;.',;( 'ii I I'T ION: I,l'~ll~ [h~, iiiI,.i-h~q.i i~)11 ol i~1~, i,u~,t~,rlb ri~4'hl ~1 ,,;'a~' ~1 ~ld PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES DECEMBER 7, 1989 CHAIRMAN KRULIKOWSKI CALLED THE MEETING TO ORDER AT 7:00 P,M. PRESENT: MRS' TAYLOR, MR, MAHONE¥, MR. KRULIKOWSKI, MR. WADSWORTH, MRS. KILKELLY, MR. THOMPSON, ALTERNATE AND MR. SHROYER ALTERNATE. ABSENT: MR. FULLERTON, EXCUSED, MR. GILCHER ALSO PRESENT: PETER JONES, BRUCE COOPER. LINDA KINCHEN ANNOUNCEMENTS: NONE APPROVAL OF MINUTES: MRS. KILKELLY STATED ON PAGE SEVEN SECOND PARAGRAPH NEXT TO THE LAST LINE IT SHOULD READ (WITHOUT AMBIGUITY) ALSO Mqq. THOMPSON STATED ON PAGE ONE THE INFORMATION REGARDING THE PUBLIC HEARING WAS OMITTED FOR CUSTOM LAWN SERVICE AND THE FOLLOWING IS ADDED ~ PUBLIC }{EARING OPENED AT 7:21 P.M. NO COMMENT CLOSED AT 7:21 P,M. A MOTION TO APPROVE THE MINUTES AS AMENDED WAS MADE BY MR. WADSWORTH SECOND BY MRS. TAYLOR PASSED UNANIMOUSLY. HOME OCCUPATIONAL LICENSE HARPER ELECTRIC 666 JENKINS ST - PRESENT JAMES HARPER IS MR. HARPER STATES HIS INTENT IS TO USE HIS HOME FOR A MAIL ADDRESS AND PHONE CALLS ONLY - HAS WAREHOUSE SPACE IN VERO BEACH FOR HIS EQUIPMENT. CHAIRMAN KRULIKOWSKI POINTS OUT THAT MR. HARPERS' WIFE ALSO HAS A HOME OCCUPATIONAL LICENSE AT THE SAME ADDRESS. UBLIC HEARING OPENED AT 7:20 P,M NO COMMENT CLOSED AT 7:20 · A MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR HARPER ELECTRIC AT 666 JENKINS WAS MADE BY MR. WADSWORTH SECOND BY MR. THOMPSON FOR DISCUSSION - PASSED BY 6-1 MR. KRULIKOWSKI VOTED NO, SITE PLAN - MARY FLOOD RESIDENCE - MRS. FLOOD IS PRESENT MRS. FLOOD GIVES A BRIEF DISCUSSION PERTAINING TO HER PLANS AND REQUIREMENTS. BRUCE CLARIFIES THE ORDINANCE REQUIREMENTS AND WHY THIS NEEDED TO COME BEFORE THE BOARD. ,' :,}~,": A~:, F, .~_:N,~ ~.~,awi.o.qi~,~4 DF'~:{~{.AR MF.~FING MINLFFES D£~K~MHF. D 7 1989 PAGE TWO CHAIRMAN KRULIKOWSKI SPEAKS ON THE PERMITS RECEIVED AND THE SEWER HOOKUP REQUIREMENTS. MR. THOMPSON CLARIFIES THE ACTUAL LOCATION AND WHETHER THE HEALTH DEPARTMENT WILL APPROVE THE DRIVEWAY WITH A NORTH AND SOUTH DRAINFIELD DIVIDER. MRS. KILI<ELLY HAS SOME CONCERNS REGARDING WATER RUNOFF INTO THE RIVER AND ASKS IF iT IS POSSIBLE TO TURN AROUND RATHER THAN BACK OUT ON INDIAN RIVER DRIVE. BRUCE STATES ORDINANCES ALLOW RESIDENCES TO BACK OUT ON STREETS AND STATES THERE IS NOT ENOUGH ROOM FOR A TURN AROUND. MRS. KILKELLY ASKS IF ~{EY WOULD CONSIDER OYSTER MARL FOR THEIR DRIVE RATHER THAN PAVING THE APPLICANT STATES YES THEY WOULD. MR. WADSWORTH ASKS WHY MARL IS ON SITE NOW FOR FILL AND THE APPLICANT STATES THEY INTEND TO USE IT TO FILL THE WASHOUT AREA WHICH WAS LOST IN THE STORM A COUPLE OF YEARS AGO OUT TO THE MEAN HIGH WATER LINE. MR. THOMPSON MAKES A MOTION THAT RECOMMENDS TO TH ~v PLANNING AND ZONI E CI~ COUNCIL THE APPROVAL OF THEN~ USE PERMIT FOR ROBERT PECIAL AND MARY FLOOD AT 1716 INDIAN RIVER DRIVE SUBJECT TO THE FOLLOWING CONDITIONS LISTED AS 1 AND 2 OF THE DECEMBER 1. 1989 TRC LETTER AND NUMBER THREE - THAT THE HIGHEST POINT OF THE ROOF SHOULD NOT BE MORE THAN 25 FEET BUT THE CHIMNEY IS ACCEPTABLE ABOVE 25 FEET. AND FOUR THAT DRYWELLS OR SOME OTHER ACCEPTABLE METHOD APPROVED BY THE BUILDING DEPARTMENT BE PROVIDED AT DOWNSPOUTS FOR RUNOFF. SECOND BY MRS. KILKELLY MR. THOMPSON ADDS THAT THE PLAN THEY ARE APPROVING IS THE DRAWING DATED 11--20-89 FOR 3120 SQ FT. PASSED UNANIMOUSLY. SITE PLAN - PRESBYTERIAN CHURCH - DAVID FISHER REPRESENTS MR. KRLILIKOWSKI ASKS WHY IT NEEDED TO COME BEFORE THE BOARD AND BRUCE EXPLAINS DUE TO THE SIZE OF THE ADDITIONAL PARKING AREA. MRS. TAYLOR ASKS FOR THE SURFACE OF THE PARKING AREA - MR. FISHER STATES MARL IN DRIVES SOD IN OTHER AREAS WITH BUMPERS RE: City of Sebastian POST OFFICE BOX 780127 o SEBA.~TiAN, FLORIDA 32918 TELEPHONE (407) 589-5330 FAX 407-$89-5570 1 l.~c'c-mbe~r 1989 Planning and Zoning C~,.,,tssion T~_chntcal Revi.~ C~.ittee · Bruce Cooper · Peter David Fi~ APPLI~'I'.T{~ ~ SITE PL~ AP~ MARY FI~3D RESIDFA~2E I~)C. ATI(]N: APP[,iCAb~I': APPLICATION REC' D: 1716 Indian River Drive (~C Mary Flood 14 N~v~mher 1989 1~1 on ~3r general review of the subject application and ¢~c~,n~ntatJ. ou, ~ r~c<.,,.et~] the Planning a~ Z~ing O'~,..tg~ton appr~e aaT~ st~ect to resoluti~ of ~e fol],~.tt~g ~tm and ~dition~: Applicant to provide sealed/engineered construction drawings prior to i.~suance of building pe. rmit. AT~,l. icant to provide t.w~al.i, fi_~] approval from }IRS r~g~rdtng ~pt~c / drain f~.eld sy.~tc~n prior to issuance of }-~.lt lrt~ng F,-ennt. t. [R~fer to I1RS .letter addressed to .3[~,l. ,t cant dnt~d 22 Nov 89. J Applicant ha,~ provid_~t a,~ staff has checked property survey and legal description. ThJ,~ rec~..~..ndatic.~ t_s b~sed on a general review of the r~.,ent,~ submittal and d~s Dot preclude f~ther c~s/ r~i.r~nents de~] n~ces~3~ ~ the City as ~ ~t Copy to: h[],], tcant City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 569-6330 FAX 407-569-5570 SUBJECT: Law Enforcement Television Network Approved For Submittal By: City Manager ) ) ) ) ) ) ) ) .) ) ) ) Agenda No. ¢0- O~ ~ Dept. Origin Police l~ept., (C.L~ t~ynolds) Date Submitted For Agenda Of Exhibits: 1/04/90 1/10/90 - Law Enforcement T~levision Network "Overview" EXPENDITURE REQUIRED: AMOUNT 3,104.00 BUDGETED: Included in FY 89-90 APPROPRIATION Training Allocation REQUIRED: SUMMARY STATEMENT The Law Enforcement Television Network provides contemporary law enforce- ment training on a variety of subjects, readily accessable to the officers of the using agency. Through the installation of a satelite receiving antenna and using a video recording machine, the Sebastian Police Depart- ment can build a video library of current training topics. Through periodic roll call training, viewing officers can become qualified and documented in almost all required training areas. This will result in a saving of travel and per diem expenses to accomplish the same training requirement and may provide documented proof of training as a defense against liability suits alleging negligent training. RECOMMENDED ACTION Recommend the Sebastian City Council authorize the expend%ture of 3,104.00 from previously allocated funds from Po]ice Training Budget to pay the monthly $388 $ervice Fee for the months of February through $eptember, 1990. k[TN has agreed to waive the Installation Fee of $785 pursuant to an initialled agreement which is sub3ect to Council approval. Law ~nf~rcenmnt Television Network OVERVIEW The Law Enforcement Television Network (LETN) offers daily news, training and information for the more than 640,000 U.S. law enforcement officers. LETN is a subsidiary of Dallas-based Westcott Communications, the recognized leader in the growing private satellite television industry. LETN daily programming is encrypted for authorized-only viewing. Developed and presented by the best law enforcement instructors and trainers in the nation, it brings police news and state-of-the-art training to officers and supervisors in city, county, state and Federal law enforcement agencies. Campus, Airport, Military, Port Authority, Transit and all other sworn police officer agencies are joining the network daily. The programming and curriculum complements local training programs offered by law enforcement agencies. LETN programming features the nation's best law enforcement instructors teaching such critical topics as officer survival, crime control and prevention, civil liability, dealing with job-related stress and drug enforcement. LETN's staff includes veteran law enforcement professionals with over 170 yesrs of law e~forcement experience and 14 advanced degrees in criminal justioe and rgtated fields, including three FBi National Academy graduates. The staff includes lorme~' City of Dallas Chief of Police Billy Prince and police author and instructor Neal Trautman. Law en,~o,*cement trainers and officers have available to them daily updatsc~ on the war on drugs, officer survival, community relations and scientific techniques to help combat crime in their communities. Another segment of LETN's daily programmin~ focuses on administrative and supervisory issues, such as motivation, stress management, c~vil !!ability and problem-solving techniques. Westcott Communications provides training and broadcast services to companies such as Northwest Airlines, Apple Computer and Electronic Data Systems. Westcott's Automotive Satellite Television Network (ASTN) is the largest private satellite television network in the nation with approximately 5,100 subscribers. ASTN beams news, training and information to members of the automotive industry. Westcott News bureaus are located in Dallas, Detroit, Los Angeles and Washington, D.C. LETN programs originate from Westcott Communications' multi-million dollar production facility in north Dallas. Westcott Communications is an affiliate company of Electronic Data Systems, a subsidiary of General Motors Corporation. 1303 Marsh Lane · Carrollton, Texas 75006 · 214/417-4700 · 800/535-5386 S&b\Overview.do¢ FAX: 214/416-1261 City of Sebastian POST OFFICE BOX 780127 m SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589'5330 FAX 407-589-5570 DATE: TO: THROUGH: FROM: RE: M E M O R A N D U M January 4, 1990 Mayor Votapka & City Council Kathryn M. O'Halloran City Clerk Vice Mayor Robert McCarthy Recall Expenses The following is a list of recall expenses incurred. S 542.00 Attorney Tom Palmer Certified Copies of Petition Supervisor of Elections Ann Robinson 26.80 3. Clerk of Court 306.00 4. Clerk of Court 81.50 5. Sheriff R.T. Dobeck 12.00 6. Jeffrey Barton 3.00 7. Certified Mail - Richard Szeluga Chairman TOTAL 8. Telephone Copies of receipts and payments are attached. sam 2.00 53.45 $ 1026.75 Form CF ! .~c. 219.04. F.S. OFFICE OF ELECTIONS, I~DIAN RIVER couNTY, FLORIDA N,° RF~CEIVED ~~--~~k~~~from Date ~'-/, ~ , 19 · ~. $ $ t~H:Ig-T~ $U?ERVISOR B~r~ OFFICER TOT AL THIS BTATEMENT BECOMES A RECEIPT T WHEN PROPERLY STAMPED BY CABHIER CLERK RECPT# RE: CASE NO, 89-0633-CA-19 12 02224 ~COARTHY V O'HALLORAN JEFFREY K. BARTON CLERK OF THE CIRCUIT COURT INDIAN RIVER COUNTY P. O. BOX 1028 VERO BEACH. FLORIDA 32960 3.00 COPYING 3.00 TOTAL 3.00 CASH PAID SIGNATURE .00 ,~ CHANGE LOCATION 10/30/89 CIVIL SOUTHERN BANI( of Browsrd County 063a~ ~L~ ~Oakland Park .ran,'h/Oakland Park, Florida 33310 63-924 670 5969 .'oosq&q.' t:O&?OOq~t, Bl: DJ? ;/o&qEk ?.' OL .,'OOOOOOSI, SO..' SOUTHERN BANK of Browo~l County O~klafld P~rk Brlnch / O~kland Park, Florida 33310 ' I~1 III "~ 63-924 67O TO THE OgDl~l~ OF 597O /z:~---/OO L LAR$ ,'DDC;q?D,' t:OE?OOqEr, Bt: Oi? ~o&qEt, ?,' 01, ,"O00OOOLi?OO," m m 0 ~ OBERT OR DOLORES McCARTHY o9-8s SEBASTIAN, FL '32958 DOLL.ARS ROBERT OR DOLORES McCARTHY 09-85 19' ~.........~BASTIA~"~- 32958 / , .......... ~1 ~ ' ~ FT. PIEF 435 63-84191 2670 /~-----~ DO L L A R S MEMO .. ! 0 t, ~ S ,"00000 B [, ROBERT OR DOLORES McCARTHY o9-85 Z~ 3 _1 OR GARY McCARTHY SEBASTIAN, FL 32958 63-84191 'i FLORE:)A LEAGUE OF CtTLES. tNt. Memorandum TO: FROM: DATE: Each City and County Government in Florida Raymond C. Sittig, Executive Direc(o~~~-' ~ Florida League of Cities, Inc.. October 31, 1989 SUBJECT: 1) Resolution of Support for Amendment #3 Limiting Unfunded Mandates 2) Tenth Amendment - U.S. Constitution The membership of the Florida League of Cities adopted the enclosed resolution at their recent convention in Jacksonville. The action was taken by unanimous vote and each city and county government in Florida is urged to adopt similar resolutions, with as much publicity as possible, so that the citizens in your communities will be aware and knowledgeable of this issue when it appears on the ballot November 6, 1990. Also enclosed is a brochure designed to assist city officials in understanding the complexities of this issue. This brochure is designed to be informative to city and county officials and is material that may only be distributed within the League's membership. Cities and counties should be alert to the recent court decision prohibiting the expenditure of public funds to specifically support or oppose ballot issues. In our opinion this decision would not preclude a city or county from adopting a resolution in support of Amendment 3. The League has established a "Home Rule" Political Action Committee to receive and expend funds in support of the passage of this amendment. Future efforts in support of Amendment 3 will be channeled through this committee as indicated above. Cities and counties should limit their expenditures, if any, of public funds to educational and informative efforts. The League may assist in coordination of this effort in the futu<e. Also enclosed is a resolution supporting the tenth amendment to the U.S. Constitution and each city/county is requested to adopt similar resolutions. 201 We~t Park Avenue · P.O. Box 1757 · Tallahasaee, Flortcta 52302-175" · (90°, ) 222-968~ · Suncom 2B2-~o1() 3~az ~ ~ RESOLUTION 89.4 A RESOLUTION OP Tx-lB FLORIDA LEAGUI~ OP C~CI~S, INC., URGING FLORIDA O~l'lZl~l$ TO SUPPORT THE O3N~'rlTUTIONAL AMENDI~fT ~ ON TH~ NOVEMBER 1~0 BALI.(~ LIMITING UN~_A~DED wth ove~ 86 pe~ee~ iuvtn8 an ~ f~nl Imp~ on ctles and cou~ies~ tad WH:EI~.AS, "unfunded tlrm~:tnl~" n~ ~ovemmenl~ agtkx~ re~ub, ed o~ clues and c~:~mtle~ by s~tte hw wRhout q.~9~.AS, clfl~ and countlm nm coml~uously fomed ~o ad,st Ioe~ serv',ce priorities, ~,nd raHe t~l ~ ~d ~t fees to pay fo~ suc~ unfunded am~e rmu~-~-d p~jp'm~; -nd WHEREAS, dtte~ m~l coun~e~ am forced m M these Inc~e~ed ~ fo~ ,'l.'llve~/of ~-mandatecl ptosnm~ to the c~tlzeM; and becomes Irresponsible for -,-re 8ovemntent tomqutre s~nd man~. · ~ to e~.her govemmen~ wlm~t sM~ms ~ f~t local fun~ h~ve to be diverted to I~y for t sute mndmed ~n~ nnd ~IEREAS, the state ~ "pr~unf~" ~11 u~xtnB powers to d~e Karo (~J~e~ rban local propem/taxes) mud the ~tate hns been un~lllln~ m aUow sul]~ctem local di~:~'etlonary taxing powe~ d~tly to munk~tle~ and ~ ~ to W/4]/REAS, unfunded mandat~ t~ n~ fair to the local property owner c~ ~e ioeaUy elected oE~ct~l who Is m/lng pr~ ecms~k~d ~mefldmem m Undt the I~'s nbllfry to mm'Klnm programs and o~ts to ~ ~ county cotint~. NOW', ~RE, BE IT RESOLVED BY TH~ FLORIDA lEAGUE OF OT'IES, INC,: SECTION 1, 'f'm~ i~e ~ l.engue of C,M~, Ira::., cnlb uf~n MI ~ or' the Knte to becon~ aw'nrc of ..~e ~rioo,sn~ of unfunded ~ and ~ be j:mq~md to supl:x:~ the m~ttendment m d~e I~oflda at. ate conatlmtlon on me SECTION 2. 'llmt n gopy gE ~ rmm~utlon be ~mt to eve~/ck'y council ~md county comn'dss~n In R~ ~d ~ch PASSED AND ADOPTED ~,~udl~mly by I~e l~ortda l,e~ue of Ct, les Inc., in o:mventlon amembied [n)ack,~nvllle, Plodd~ t.Ms ]4th day of ~ 1909. Mlyc, c, City of HIn~ni~ ~OU~ON 8%6 ~m:poamn~mm~/m~s~,469U.S.~SO96~snd,S~Clm~n~.l~,",~6U.S.t.. ~, Co .April SECTION 1, Th~ ~t~ P~M~s I,~s~ ~f Cltm ~ "e'd~s~ P~for a '~d~ Ho~m~ confe~m~ sad a vo~ of ~ee foun~ of ~e m I~Mmuns, ~en~h~n ~e pmmon d ~e ~ m me fed~d umon I~ nd~p~n~ ~nlhu mmlm~ m ~q~x~ o . pASSED AND ADOr~ by ~e l~ida tea~ue of ~m~ Inc., in ~nv~.nUon a~mbled mJach~vflle, l~odd~, ~ 14~ day of Oca~bet 19~9. City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 December 5, 1989 Charles I. Nash Attorney At Law 930 South Harbor City Blvd. Riverside Center, Suite 505 Melbourne, FL 32901 Re: Request for reimbursement for George M. Metcalf Dear Charlie: Enclosed is a request from former Councilman George M. Metcalf for reimbursement of attorneys fees paid by him while he was a member of %he City Council. Please compare these documents with the criteria outlined in the recent Attorney General's opinion and advise this office of whether these attorneys fees are reimbursable by the City of Sebastian. I shall appreciate your written response so we can advise Mr. Metcalf and make appropriate recommendations to the Sebastian City Council. Should you need additional information, please do not hesitate contact me. Additionally, please feel free to contact Mr. Metcalf directly if you feel it appropriate and necessary. Sincerely, ~~S. McClary City Manager RSM/3mt Enclosure F sss. FAiL, CS. NAS & P.A. (~Aav B. i~RESE t JAMES H. I~nACE V~NOENT G. TO~T, ~, ~c~o E. Toady ~ORY S. ~SEN ATT01~NEYS AT LAW January 2, 1990 930 S. i:{ARBOR CITY BLVD. MELBOURNE, i~LORIDA 32901 (407) 984-33oo ~ (407) 951.3741 T~r~ON VIA HAND DELIVERY Robert S. McClary, City Manager City of Sebastian P. O. Box 780127 Sebastian, FL 32978 Re: Request for Reimbursement of Attorney's Fees/ George M. Metcalf City of Sebastian Our File No. 89-4827 Dear Robb: In your letter to me of December 5, 1989, you requested that I render an opinion to you as to whether former councilman, George M. Metcalf, is entitled to be reimbursed by the City of Sebastian for reasonable attorney's fees he incurred to defend himself against charges that he violated various laws and against a recall effort, in connection with Mr. Metcalf's airplane flight on August 4, 1987, and his dissemination of certain information and photographs in connection with his flight. From reviewing the materials submitted by Mr. Metcalf, it appears that no .charges were ever brought against him nor was a recall election ever held to attempt to remove him from office. Mr. Metcalf did not provide me with a detailed, itemized bill from his attorney which sets forth what work was performed by the attorney for Mr. Metcalf and how much was charged in total to Mr. Metcalf for the legal services rendered. I am also unclear as to whether the actions by Mr. Metcalf in flying over Chesser Gap and his investigation of a possible violation of the City's zoning laws were part of Mr. Metcalf's public duties as a City councilman. It is my 'understanding that the City of Sebastian was not operating under a city manager form of government in August, 1987. Therefore, I need to be advised as to the policy of the City concerning what were the customary duties of a City councilman with regard to investigating zoning violations, especially if a City employee or department head was possibly involved in committing the violation. From reviewing Robert S. McClary January 2, 1990 Page 2 the records provided to me in this regard, it appears that the Mayor at the time of the flight had not authorized Mr. Metcalf's action, nor had such action been authorized by the city Council. In conclusion, it is my opinion that former councilman Metcalf is not entitled to receive reimbursement from the City of Sebastian for reasonable attorney's fees which he incurred as a result of his airplane flight over Chesser's Gap on August 4, 1987, and his further inquiries concerning potential zoning violations at the Chesser Gap property unless he-was, actin~-in performance of his public duties as a City councilman and serving a public purpose. Unless Mr. Metcalf was acting in his official capacity for public purpose, he would not meet the criteria set forth in Attorney General Opinion 89-69. Should it be determined that Mr. Metcalf was acting in his official capacity as a City councilman for a public purpose, and he successfully defended himself against recall efforts and misconduct charges arising out of his official actions, then I would need to be provided with detailed, itemized billings from Mr. Metcalf's attorney to establish the amount of fees paid by Mr. Metcalf were reasonable. Should you require any additional guidance from me in this regard, please do not hesitate to contact me. Very truly yours, FRESE, FA~LACE, NASH & TORPY, P.A. Charl.s Ian Nash City Attorney CIN/slm City of Sebastian POST OFFICE BOX 780127 c~ SEBASTIAN, FLORIDA 32978 TELEPHONE {407) 589-5330 FAX 407-589-5570 December 19, 1989 Mr. Charles I. Nash Attorney At Law 930 South Harbor City Blvd. Riverside Center, Suite 505 Melbourne, FL 32901 Re: Attorneys Fees for Dorothy McKinley Dear Charlie: Enclosed is a petition from MS. Dorothy Doucet (formerly Dorothy McKinley) for reimbursement of attorneys fees expended by her while she was a member of the Sebastian City Council. Please consider this letter as a formal request for your opinion as to whether or not this request is in compliance with %he criteria outlined in the Attorney General's Opinion of October 6, 1989. Should you need additional information, please do not hesitate to contact James T. Long, Esq., or to call upon me. Sincerely, Robert S. McClary City Manager RSM/Jmt Enclosures I~RESE, I~ALLACE. I~ASH & TORPY, P.A. ATTOI~NE¥S AT LAW January 2, 1990 930 8. HARBOR CiTY BLVD. SU~T~- 505 ~J~LBOUKNE, I~LORIDA 32901 (407) ~$4-3300 ~ (407) 051-3741 T~TION VIA HAND DELIVERY Robert S. McClary, city Manager city of Sebastian P. 0. Box 780127 Sebastian, FL 32978 Re: Request for Reimbursement of Legal Fees/ Dorothy Doucet f/k/a Dorothy McKinley Our File No. 89-4826 Dear Robb: Enclosed with this letter please find a copy of my correspondence to attorney James T. Long for your reference. 'Please note that I have requested the information from attorney Long as outlined in my letter to him in order to establish that Ms. Doucet prevailed in her action, and whether the sum of $1,500.00 constitutes reasonable attorney's fees. Should you have any questions concerning my course of action, please do not hesitate to contact me. Very truly yours, City Attorney & TORPY, P.A. CIN/slm Encl. FI{ESE, FALLACE, NASH & TORP¥, ATTORNEYS AT I~AW ~ARY B. ~IRESE $ J~Es H. VINCENT G. TORPY, ~EN J. SESBE~U ELISE ~. SINGER ~IC~D E. TORPY GREGORY S, ~SEN January 2, 1990 930 S. I"IA~s0R C~T¥ BLVD. SU~. 505 blELSOUa~rE, I~LORIOA 32901 (~07) 984-3300 F~ (407) 951-3741 ESTAT~ P~INO ~D P~O~ATE James'. Long, Esquire JAMES T. LONG, P.A. Po t office Box 426 /yeroBeach, FL 32961-0426 --/ Re: Request for Reimbursement of Legal Fees/ Dorothy Doucet f/k/a Dorothy McKinley City of Sebastian Our File No. 89-4826 Dear Mr. Long: In response to your letter to Robert S. McClary, City Manager of the City of Sebastian, dated December 12, 1989, please provide me with the following documentation in support of the request of your client, Dorothy Doucet, for reimbursement of attorney's fees incurred to obtain the Preliminary Injunction in Case No. 84-277- CA-17 before the Circuit Court of the Nineteenth Judicial Circuit in and for Indian River County, Florida, in the matter of Dorothy McKinley v. Deborah Kra~es. C~tY Clerk of Sebastian: Itemized statements for professional services indicating the date, amount of time and description of all legal services rendered to Ms. Doucet; Evidence that payment was made by Ms. Doucet of the attorney's fees charged; and, Documentation or statements indicating how the matter was finally disposed of after the Preliminary Injunction was granted in favor of your client. The aforementioned information and documentation is requested to establish that your client is entitled to be reimbursed for reasonable a~orney's fees incurred by her in accordance with ~he James T. Long, Esquire January 2, 1990 Page 2 criteria set forth in Attorney General Opinion 89-69, issued by the Honorable Robert A. Butterworth, Florida Attorney General, on October 6, 1989. Thank you for your cooperation in this matter. Very truly yours, city Attorney & TORPY, P.A. CIN/slm ~cc: Robert S. McClary, city Manager City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Snell vs. Votapka, Et al ) Agenda No. Lawsuit ) Approved For Submittal By: City Manager ) Dept. Origin: City Manager ) ) Date Submitted 01/04/90 ) ) For Agenda Of 01/10/90 ) ) Exhibits: City Manager Memo ) dated 12-19-89 ) ) City Manager Letter dated ) 12-20-89 ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On December 18, 1989, Mayor Richard Votapka, Special Legal Counsel, Nicholas F. Tsamoutales and myself met with Mr. Bert Snell and his attorney, Burney Carter, to discuss the possibility of an out of court settlement on the lawsuit brought by Mr. Snell. As a result of this meeting, I directed Mr. Tsamoutales to prepare a proposed stipulation agreement which, in effect, would abate the lawsuit pending completion of the Airport Compatibility Study. However, before Mr. Tsamoutales could complete the draft agreement, I received a call from Mr. Snell informing me that he would not agree to any stipulation that included the possibility of any expenditure to Special Legal Counsel, Cutler & Stanfield. Therefore, I have directed Mr. Tsamoutales to discontinue any work on a proposed stipulation agreement and to continue his work in defending the City and named defendants. RECOMMENDED ACTION This report is for your information only. No action is requested at this time. City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMORANDUM DATE: TO: FROM: RE: December 19, 1989 Richard B. Votapka, Mayor & Sebastian City Council ~ Robert S. McClary Snell vs. Votapka, Et al On December 18, 1989, Mayor Richard B. Votapka, Special Legal Counsel, Nicholas F. Tsamoutales and myself met with Mr. Bert Snell and his attorney, Burney Carter. The following outline is intended to represent the results of this meeting. DECLARATORY JUDGMENT Mr. Snell's petition for Declaratory Judgment requests the court to rule on the legality and validity of the charter amendments adopted by the voters at the March 19, 1989 election. Mr. Snell's position is that the charter amendments violate the United States Constitution and violate Federal and State law and the 1959 Property Deed. SNELL OFFER: Mr. Snell suggested that the City position should parallel his and that we should argue in court that the charter amendment is unconstitutional and violates Federal and State law and the 1959 Property Deed. CITY RESPONSE: The position of the City Council is that the charter amendments are constitutional and that they do not violate Federal or State laws or the 1959 Property Deed. Therefore, we could come to no agreement with Mr. Snell on his request. Re: Snell vs. Votapka, Etal Page #2 INJUNCTIVE RELIEF Mr. Snell's petition requests the court to declare the City's expense of legal fees paid to Mr. Eliot Cutler acting as Special Legal Counsel as improper and unlawful. As relief, Mr. Snell asks the court to require the City (General Fund) to repay the Airport Enterprise Fund. SNELL OFFER: For the City to repay the Airport Enterprise Fund from General Fund those monies paid to Cutler and Stanfield. CITY RESPONSE: The position of the City is that payments made to Cutler and Stanfield are lawful and proper and that the Charter would require the payment of Airport legal expenses to be paid from the Airport Enterprise Fund. Therefore, the City could not consent to Mr. Snell's request. Further, it is the City's position that the only Airport Funds currently being spent for special legal counsel regarding airport matters is to defend the City and it's Council Members on the law suit brought about by Mr. Snell. SNELL COUNTER OFFER: That the City and Snell would agree to binding arbitration rather than pursue the matter in court. CITY'S RESPONSE: The City would be hesitant to waive any legal rights including a right to appeal but that we would further evaluate how arbitration could be used. CITY COUNTER OFFER CITY OFFER: We requested Mr. Snell to hold the entire law suit in abeyance until sixty (60) to ninety (90) days after receipt of the planning study now being undertaken by the City. This way, the City would not incur additional legal expense in defending itself against the Snell lawsuit. The entire lawsuit would be held in abeyance including the Petition for Injunctive Relief, Petition for Declaratory Judgment, a Petition for Re-hearing on the Writ of Mandamus and any appeal on the Mandamus action. Re: Snell vs. Votapka, Etal Page #3 SNELL RESPONSE: Mr. Snell indicated an interest in this approach but would want to add a condition that during the period his lawsuit is held in abeyance, the City would spend no further funds for special legal counsel (Mr. Cutler and Mr. Tsamoutales). CITY COUNTER RESPONSE: The City would need some flexibility to seek advice under reasonable conditions. As City Manager, I agreed to contact the members of the City Council and to work on proposed stipulation language provided a consensus of the City Council exists. In the event of a consensus of the City Council, any offer would be in writing and made through Mr. Tsamoutales. If agreed upon by Mr. Snell, the stipulation would then require ratification by the City Council. RECOMMENDATION Mr. Snell stated that he would need to consult with other parties just as I, as City Manager, would need to consult with the City Council. I recommend that we proceed with attempting to enter into a stipulation with Mr. Snell whereby, he would hold his entire lawsuit in abeyance until ninety (90) days after receipt of the Airport Compatibility Study. During this time period, the City would agree not to use airport funds for special legal counsel with two (2) exceptions: 1) We may want Mr. Cutler to review the proposed agreement between the City and the planning consultants, especially the proposed scope of work, to determine the consistency of the consultant's contract with the Agreement in Principal between the City and the FAA. 2) That the City would not be bound by this stipulation if other lawsuits are brought against the City relating to the airport whereby the City would need to provide a defense. I feel this is a reasonable approach in that the conclusions of the Airport Planning Study may alter Mr. Snell's opinion on various airport issues. Further, time and money spent on this litigation merely takes away City time and money which could otherwise be devoted to the Airport Compatibility Planning Study. /Jmt City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 December 20, 1989 Via Fax Mr. Nicholas F. Tsamoutales Attorney At Law 1900 Palm Bay Road, NE Palm Bay, FL Re: Snell vs. Votapka, Et al Dear Nick: Enclosed is a memorandum to the Mayor and City Council dated December 19, 1989 which outlines the discussion which took place in your office on December 18, 1989. I am recommending that the City enter into a stipulation agreement with Mr. Snell that would hold the lawsuit in abeyance until ninety (90) days after receipt of the Airport Compatibility Study which is being undertaken pursuant to the Agreement in Principal between the City and the Federal Aviation Administration. During this time period, the City would agree not to use airport funds for special legal counsel with two exceptions: 1) We may want our special legal counsel to review the proposed agreement between the City and the planning consultant to determine the consistency of the consultant's contract with the Agreement in Principal between the City and the FAA, and 2) That the City would not be bound by this stipulation if other lawsuits are brought against the City relating to the airport. Please consider this as your authorization to prepare a stipulation agreement to effect the recommendation outlined above. I do ask that you permit me to review your draft agreement before you submit it to Mr. Snell through his lawyer, Burney Carter. . McCiary City Manager RSM/jmt Encl. cc: Richard B. Votapka, Mayor &SebastianCityCouncil The following is a list of actions taken at the January 10, 1990 .~lar meeting. . 12/13/89 Regular, 12/28/89 Special, 1/3/90 Special - Minutes . approved - sign, seal - place in books 90.001 - Request for Community Center - Sebastian River Shrine Club - approved - letter to them - Eunice 90.002 - Baptist Church Mission - Request for Fee Waiver for Permit Fees for Renovation - 119 Bob Circle - approved - letter to them - copy minutes to DCD, Finance & file - file DCD 90.003 - First Presbyterian Church of Sebastian - Request for Fee Waiver for Minor Site Plan Application Fee - approved - letter to them - copy minutes to P & Z, DCD, Finance & file - file DCD 90.004 - St. Sebastian Catholic Church 7th Annual Festival - Request for Fee Waiver - approved - letter to them - copy minutes to DCD, Finance & file - file DCD 90.005 - Bid - Public Works 3/4 Ton Heavy Duty Pickup - Reject Bid from Sunrise Ford for $12, 789.00 and Purchase via State Contract - Duval Ford, Jacksonville - $11,754.00 - awarded to Dural - letter to bidders - copy minutes to PW, Finance & file - file 90 purchases 90.006 Bid Award - Public Works 1/4 Ton Small Hardbody Pickup - Treasure Coast Nissan, Veto Beach - $8,746.56 - awarded to Treasure Coast - letter to bidders - copy minutes to PW, Finance & file - file 90 purchases 90.007 - Bid Award - Golf Course Top Dresser - Waiver of Bid Informalities - Accept Late Bid - DeBra Turf & Equipment Co., Ft. Lauderdale - $7,565.00 - awarded to DeBra - letter to DeBra - copy minutes to Golf Course, Finance & file - file 90 purchases 90.008 - Waiver of Bid Procedure - Golf Course Injector System - Approve Purchase as Sole Source - Cross Equipment Co., Inc. - $5,895.00 - letter to Cross - copy minutes to ~olf Course & file - file 90 purchases 1~ 90.009 - Golf Course Furniture Bid - Reject All Bids and Readvertise - recommendation approved - letter to all bidders - copy minutes to Golf Course, Finance & file - hold file in pending (my credenza) 90.010 Bid Award - Public Works Loader/Backhoe Combination - Case Power and Equipment, Orlando - $64,000.00 - item deferred for further backup - hold file in pending City Manager to provide 12. 90.011 - Bid Award - Renovation of New Community Development Offices - Capp Custom Builders, Inc. - $26,726.50 - awarded to Capp - letter to bidders - copy minutes to DCD, Finance & file - file 90 purchases 90.012 - Department of Community Development - Purchase 1/2 Ton Truck Through State Contract - Dimmitt Chevrolet Inc., Clearwater - $9,337.96 - awarded to Dimmitt - letter to Dimmitt - copy minutes to Finance, DCD & file - file 90 purchases 90.013 RESOLUTION NO. R-90-01 - Abandonment of Easement - adopted - Eunice /'i 90.014 Vice Mayor McCarthy ~ Reimbursement of Travel Expenses - Indian River County Transportation Planning Committee - approved - copy minutes to McCarthy, Finance & attach to request - file travel 16//'89.230 - ORDINANCE NO. 0-89-24 - Extraordinary Fees for Certain Applications - denied - staff to review application fees - copy minutes to DCD, P & Z & file - file back of 90 ordinances (not adopted) 89.141 - ORDINANCE NO. 0-89-25 - Commercial Amusement - adopted - sign, seal - copy to black book, Municipal Code, DCD, P & Z, City Attorney, original file - blue back original & file - file backup 90 ordinance backup 89.051 - ORDINANCE NO. 0-89-27 - Amending O-89-15 Police Pension Plan - was adopted but public hearing was never called so is nullified - readvertise public hearing for 1/24/90 - done 90.015 - Dan Preuss - Abandonment of Martin Avenue West of U.S. Highway One - by Council consensus not inclined to approve vacation of row - copy minutes to file - no further action by this office required - file - file abandonment ~ clearly mark on file NOT APPROVED 20~", 90.016 - Robert E. Potter - Golf Course Restaurant ~// Lease Proposal - Staff authorized to for bid prepare specs ~ no action by this office required - City Manager to provide letter from Galanis to Council 90.017 - Accept Resignation of Edwin Gilcher with Regret - accepted - letter to Gilcher, copy minutes to P & Z, DCD & file - file 90 boards - update comm. lis in computer 22¸. 90.018 - Appoint Current 1st Alternate J.W. "Tommy" Thompson to Fill Unexpired Term to 2/90 and Additional Three Year Term - approved - letter to Thompson - copy minutes to P & Z, DCD & file - file 90 boards - update comm.lis in computer 90.024 - John Lindsay appointed P & Z alternate sub3ect to resignation from Code Enforcement Board - letter to him - copy minutes to P & Z, DCD & file - file 90 boards - update comm.lis in computer 90.019 - Receive Status Report - Schedule Discussion of Issues at Future Workshop - no action - City Manager intends to schedule on 2/7/90 workshop - City Attorney will look into legality of tax deferment 25. City Manager will contact County staff regarding newly formed committee consisting of reps of impact fee districts 26~,. 90.020 ~ Median Landscape Improvements - conceptual plan approved as presented not to exceed S2000 as budgeted - copy minutes to City Planner, Eng/PW, P & Z & file - file pending 90.021 - Request for Special Use Permit - Mary Flood - Instruct City Attorney to Draft Ordinance - Set Public Hearing 2/14/90 - tabled to 1/24/90 90.022 - Police Dept. - Law Enforcement Television Network - approved - copy minutes to P.D., Finance & file - file 90 purchases 29. Council request - place public input before consent agenda 30. 89.155 - McCarthy Recall Expenses - turned over to City Attorney for opinion - will come back to Council for approval - file pending 90.023 - Proposed Resolutions Re: Support for Amendment #3 LimitinG Unfunded Mandates; Tenth Amendment U.S. Constitution - Clerks office instructed to draft two resolutions - 1/24/90 agenda 32. City Manager will review minutes to see what direction Council Gave ~egarding fundinG for work on airport related matters 89.157 - Report on Reimbursement of Legal Fees - George Metcalf & Dorothy McKinley - Metcalf submitted letter - copy to Manager & Council - done - he will submit additional letters - file pendinG 89.003 - Report Re: Snell vs. Votapka, et al Lawsuit - report only - no action 3