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06131990
following is a list of actions taken at the June 13, 1990 Regular Meeting. 90.096 - ORDINANCE NO. 0-90-02 - Removing Language - Section 3.5 Code of Ordinances Re: Airport Director & Board - adopted - sign, seal - copy to black book, original file, City Attorney, Finance Dept., Municipal Code Corporation w/letter - blue back original - file - update 0-90 in computer 90.093 - ORDINANCE NO. 0-90-03 - Adopting 1990 National Electrical Code - adopted - sign, seal - copy to black book, original file, City Attorney, Municipal Code Corporation w/letter, Community Development Dept. - blue back original - file - update 0-90 in computer 90.118 - ORDINANCE NO. 0-90-04 - Contractor Licensing - 2nd Draft - - adopted - sign, seal - copy to black book, original file, City Attorney, Municipal Code Corporation w/letter, Community Development Dept. - blue back original - file - update 0-90 in computer - send letter to Municipal Code to ok inclusion of 0-90-01 at this time 90.028 -Stan Dillahay, Jr. - Pelican Island Jaycees - Request to Continue Use of Yacht Club for Weekly Meetings As Per Council Approval of 1/24/90 - 812.50 Per Week - Alcoholic Beverage Use - Security Paid - Dillahay DOB 6/16/63 - approved - letter to Jaycees - done (Linda) Approval of Minutes - 5/23/90 Regular Meeting, 5/29/90 Special Meeting - 5/23 approved as amended - 5/29 approved - sign, seal - place in book - done (Linda) 90.146 - Request for Community Center - Mers/Cain Wedding - 8/25/90 - A/B - 2 p.m. to 6 p.m. - Karen Mers Permittee - DOB 6/16/65 - Security Paid - approved - letter to applicant - dons (Linda) 90.147 - Request of USDA to Install Monitoring Well at Airport - approved - John Van Antwerp will do letter - copy minutes to him - he will provide copy of letter for our files - file airport 90.148 - RESOLUTION NO. R-90-22 - Falcon Cable Regulation - adopted - sign, seal - copy to black book, original file, City Attorney, Falcon Cable, U.S. Congressmen with letter, Falcon franchise file - blue back original - file - update R-90 in computer 88.183 - Sebastian Lakes - Request to Extend Conceptual Plan - Set Public Hearing and Direct City Attorney to Draft Proper Documents - deferred to 8/1/90 workshop - letter to Sebastian Lakes - copy minutes to file - file my credenza 10. 88.183 - Sebastian Lakes Final Plat - Tracts G and G1 - Direct City Attorney to Draft Resolution - deferred to 8/1/90 workshop - letter to Sebastian Lakes - copy minutes to file - file my credenza 11. 90.149 - Proposed Ordinance Amendment Requiring Subdivisions to Have Two Points of Access - Direct Attorney to Draft Ordinance - deferred to 8/1/90 workshop - copy minutes to P & z and file - file my credenza 12. 90.150 - Set Public Hearing for Rate Increase - Sebastian Lakes Utility Company - deferred to 8/1/90 workshop - but Council instruction also to have public hearing on 8/8/90 - get with Kay before any action is taken - does the rate increase need ordinance since franchise adopted by ordinance and rates are part of original 13. 90.151 - Presentation of Case #90-3471 - In Accordance With 2-106 (c) Code of Ordinances - No Action Required - file 90 Code Enforcement Board file 14. 90.152 - Proposed Ordinance Amendment to Change Existing CL- 512 Zoning District to C-512 Zoning District - section on model homes deleted -.City Attorney instructed to draft ordinances - no time certain - copy minutes to P & Z and file - file pending my credenza 15. 90.153 - Tentative Approval for Rezoning and Land Use Amendment for Rene Van de Voorde, CL to CG - .398 Acres (Old Fire Station) - City Attorney directed to Draft Ordinances - copy minutes to P & Z and file - letter to applicant - file pending my credenza 16. 17. 18. 88.193/90.143 - Select Police Station Site - Main Street site adjacent to city hall selected when Little League lease for Barber Street approved - City Manager will do letter to Dr. Fischer - create new file - copy minutes to file - police station site files in the bottom drawer of m~'credenza 90.133/88.193 - Approve Contract With Architect Design Group, Inc. for Architectural Services for New Police Station - contract approved - have 2 originals signed by Mayor and Clerk (done) - send with cover letter to firm for their signature - they send one back - indicate in letter that Council has selected Main Street site - copy minutes to file and Finance - file with police facility files for now 90.154 - Award Main Street Realignment Project Bid - Ft. Pierce Contracting Corporation - $182,802.75 - awarded - talk to City Manager about how firm will be contacted and agreement signed - copy minutes to file, City Engineer & Finance - letters to other bidders - file with other Main Street files in Transportation file 19. 20. 21. 22. 23. 24. 25. 26. 27. City Manager to investigate who responsible for debris at realignment site 90.155 - Main Street Project - Post Office Parking Lot - approved - copy minutes to file, City Engineer & Finance - talk to City Manager about how the U.S. Post Office will be contacted and how the change order will be submitted to the realignment contractor - file with other Main Street files 90.156 - RESOLUTION NO. R-90-20 - Repeal Airport Director Job Description - adopted - sign, seal - copy to City Attorney, black book, original file, & Finance, all SOP holders - blue back original - file - update R-90 in computer - done (Eunice) 90.157 - Approve Letter of Engagement with Dobson, Bjerning, Duffey & Rosenfield for FY Audits 1990 through 1992 - FY 1990 Fee - $25,700 - approved - sign two original agreements - send with cover letter to DBDR - they send one back - copy minutes to file & Finance - file contracts 89.017 - Reynolds reported there will be finalized language on mutual aid agreement on 6/15 89.003 - City Attorney instructed not to pursue contacting law firms on the matter of legal action against Cutler Manager and Mayor to review workshop procedures and report to Council 90.158 - Report On Airport Leasing - proposed leases deferred at this time - staff to draft leasing procedures - no time certain Manager to address security lighting west side of airport - report to Council 3 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 A G E N D A SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 13, 1990 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER INVOCATION - Reverend Richard Rafts - Immanuel Baptist Church - Veto Beach PLEDGE OF ALLEGIANCE (Flag Day Ceremony by the American Legion) 4. PROCLAMATIONS AND/OR ANNOUNCEMENTS 90.145 A. Proclamation - Flag Day - 6/14/90 5. ROLL CALL 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 7. PUBLIC HEARING, FINAL ACTION 90.096 ORDINANCE NO. 0-90-02 - Removing Language - Section 3.5 Code of Ordinances Re: Airport Director & Board AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 3.5-2 TO DELETE THE DEFINITION OF AIRPORT DIRECTOR; AMENDING SECTION 3.5-4 TO PROVIDE FOR THE AIRPORT MANAGER TO SUBMIT AIRPORT ACTIVITIES REPORTS 90.093 90.118 AND GOVERNMENTAL REPORTS TO THE CITY MANAGER; ~ DELETING SECTION 3.5-5 THEREBY DELETING THE POSITION OF AIRPORT DIRECTOR; AMENDING SECTION 3.5-6 TO PROVIDE THAT THE CiTY MANAGER TO RECOMMEND THE EXPENDITURES FOR THE AIRPORT; AMENDING SECTION 3.5-6 TO PROVIDE THAT THE CiTY MANAGER SHALL SUBMIT THE AIRPORT BUDGET TO THE CITY COUNCIL; RENUMBERING SECTION 3.5-6; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/23/90, Advertised 5/30/90, PH 6/13/90) ORDINANCE NO. 0-90-03 - Adopting 1990 National Electrical Code AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ADOPTION OF THE-' NATIONAL ELECTRIC CODE; AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 7-35 OF ARTICLE III TO ADOPT THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN EXCEPTIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/23/90, Advertised 5/30/90, PH 6/13/90) ORDINANCE NO. 0-90-04 - Contractor Licensing - 2nd Draft AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VII OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CONTRACTORS; AMENDING SECTION 7-91 TO REVISE THE DEFINITION FOR SPECIALTY CONTRACTORS; AMENDING ORDINANCE NO. 90-01 PERTAINING TO THE AMENDMENT MADE TO SECTION 7-92 THEREIN; AMENDING SECTION 7-95 TO PROVIDE FOR CONTRACTORS TO POSSESS A CURRENT OCCUPATIONAL LICENSE FROM INDIAN RIVER COUNTY, FLORIDA; AMENDING SECTION 7-97 PERTAINING TO THE IMPOSITION OF VARIOUS FEES FOR APPLICATIONS, EXAMINATIONS, COMPETENCY CARDS, DUPLICATE LICENSES, CHANGES OF STATUS, LETTERS OF RECIPROCITY, RENEWALS AND REACTIVATION OF LICENSES; AMENDING SECTION 7-103 PROVIDING FOR THE GRANDFATHERING OF CONTRACTORS HOLDING A CURRENT INDIAN RIVER COUNTY CERTIFICATE OF COMPETENCY; PROVIDING THAT THE ORDINANCE IS SUPPLEMENTAL; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (lst Reading 5/23/90, Advertised 5/30/90, PH 6/13/90) 2 90.028 89.012 90.146 90.147 90.148 88.183 88.183 8. PUBLIC INPUT A. Non-Agenda Items Stan Dillahay, Jr. - Pelican Island Jaycees - Request to Continue Use of Yacht Club for Weekly Meetings As Per Council Approval of 1/24/90 - $12.50 Per Week - Alcoholic Beverage Use - Security Paid - Dillahay DOB 6/16/63 Ruth Sullivan - North County Sewer Assessment (No Backup) B. A~enda Items CONSENT AGENDA A. Approval of Minutes - 5/23/90 Regular Meeting, 5/29/90 Special Meeting Request for Community Center - Mers/Cain Wedding - 8/25/90 - A/B - 2 p.m. to 6 p.m. - Karen Mers Permittee - DOB 6/16/65 - Security Paid (Application) Request of USDA to Install Monitoring Well at Airport (City Manager Recommendation dated 6/6/90, Airport Manager Memo dated 5/31/90) RESOLUTION NO. R-90-22 - Falcon Cable Regulation (Staff Recommendation dated 6/6/90) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING THE UNITED STATES CONGRESS TO GRANT TO MUNICIPALITIES THE PRIVILEGE OF REGULATING CABLE FRANCHISE WITHIN THE BOUNDARIES OF EACH MUNICIPALITY; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Sebastian Lakes - Request to Extend Conceptual Plan - Set Public Hearing and Direct City Attorney to Draft Proper Documents (Staff Recommendation dated 6/6/90, Letter from Redmond dated 5/4/90 and 5/17/90, 0-88-45, Memo from Director of Community Development dated 6/7/90) Sebastian Lakes Final Plat - Tracts G and G1 - Direct City Attorney to Draft Resolution (Staff Recommendation dated 6/6/90, Application, Plat Under Separate Cover) 3 90.149 90.150 90.151 90.152 90.153 88.193 90.143 10. 11. Proposed Ordinance Amendment Requiring Subdivisions to Have Two Points of Access - Direct Attorney to Draft Ordinance (P & Z Recommendation dated 6/6/90, Memo from Kinchen dated 5/29/90) Set Public Hearing for Rate Increase - Sebastian Lakes Utility Company (Staff Recommendation dated 6/6/90, Memo from Asst. Finance Director dated 6/5/90, Letter from City Attorney dated 2/3/89, Letter from Asst. Finance Director dated 6/6/90, Rate Increase Application under separate cover) PRESENTATIONS COMMITTEE REPORTS/RECOMMENDATIONS A. CODE ENFORCEMENT BOARD Presentation of Case #90-3471 - (In Accordance With 2-106 (c) Code of Ordinances - NO Action Required) B. PLANNING & ZONING COMMISSION Proposed Ordinance Amendment to Change Existing CL-512 Zoning District to C-512 Zoning District (Staff Recommendation dated 6/6/90, Memo from Kinchen dated 5/18/90, Memo from Director of Community Development dated 6/6/90) Tentative Approval for Rezoning and Land Use Amendment for Rene Van de Voorde, CL to CG - .398 Acres (Old Fire Station) - Direct Attorney to Draft Ordinances (P & Z Recommendation dated 6/6/90, Memo from Kinchen dated 5/29/90) 12. OLD BUSINESS Select Police Station Site (City Manager Recommendation dated 6/5/90, Memo from Mayor dated 6/5/90, Letter from Mayor dated 6/1/90, Letter from Sebastian General Partnership, B.F.T dated 6/5/90, Stottler Stagg Report dated 3/1/89, Miscellaneous Letters & Petitions from Citizens) 4 13. 90.133 88.193 90.154 90.155 90.156 90.157 NEW BUSINESS Approve Contract With Architect Design Group, Inc. for Architectural Services for New Police Station (City Manager Recommendation dated 6/6/90, Proposed Contract Between City and Architect Design Group, Inc.) Award Main Street Realignment Project Bid - Ft. Pierce Contracting Corporation - $182,802.75 (Staff Recommendation dated 6/7/90, Memo from interim City Engineer dated 6/7/90, Bid Tabulation Form, Letter from Mosby dated 6/6/90) C. Main Street Project - Post Off~'ce Parking Lot (City Manager Recommendation dated 6/6/90) D. RESOLUTION NO. R-90-20 - Repeal Airport Director Job Description (City Manager Recommendation dated 6/5/90) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DELETING THE JOB DESCRIPTION FOR THE OFFICE OF AIRPORT DIRECTOR; DIRECTING THE CITY CLERK TO DELETE THE JOB DESCRIPTION FOR AIRPORT DIRECTOR FROM THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE ~.~ DATE. Approve Letter of Engagement with Dobson, BJerning, Duffey & Rosenfield for FY Audits 1990 through 1992 - FY 1990 Fee - $25,700 (Staff Recommendation dated 6/4/90, Letter from M. Switchkow dated 5/24/90, Engagement Letter) 14. MAYOR'S MATTERS 15. COUNCIL MATTERS 16. A. Vice Mayor Oberbeck B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau CITY ATTORNEY MATTERS 5 17. CITY MANAGER MATTERS 90.158 A. Report On Airport LeasinG (City ManaGer Recommendation dated 6/7/90, Letter from WHS dated 6/5/90, PaGe 9 of 4/11/90 Minutes, Memo from Airport ManaGer dated 6/7/90) 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 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 A G E N D A SEBASTIAN CiTY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 13, 1990 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER INVOCATION - Reverend Richard Ratts- Immanuel Baptist Church - Veto Beach PLEDGE OF ALLEGIANCE (Flag Day.Ceremony by the American Legion) 4. PROCLAMATIONS AND/OR ANNOUNCEMENTS 90.145 A. Proclamation - Flag Day - 6/14/90 5. ROLL CALL 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 7. PUBLIC HEARING, FINAL ACTION 90.096 ORDINANCE NO. 0-90-02 - Removing Language - Section 3.5 Code of Ordinances Re: Airport Director & Board AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 3.5-2 TO DELETE THE DEFINITION OF AIRPORT DIRECTOR; AMENDING SECTION 3.5-4 TO PROVIDE FOR THE AIRPORT MANAGER TO SUBMIT AIRPORT ACTIVITIES REPORTS 90.093 90.118 AND GOVERNMENTAL REPORTS TO THE CITY MANAGER; ~ DELETING SECTION 3.5-5 THEREBY DELETING THE POSITION OF AIRPORT DIRECTOR; AMENDING SECTION 3.5-6 TO PROVIDE THAT THE CITY MANAGER TO RECOMMEND THE EXPENDITURES FOR THE AIRPORT; AMENDING SECTION 3.5-6 TO PROVIDE THAT THE CITY MANAGER SHALL SUBMIT THE AIRPORT BUDGET TO THE CITY COUNCIL; RENUMBERING SECTION 3.5-6; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/23/90, Advertised 5/30/90, PH 6/13/90) ORDINANCE NO. 0-90-03 - Adopting 1990 National Electrical Code AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ADOPTION OF THE NATIONAL ELECTRIC CODE; AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 7-35 OF ARTICLE III TO ADOPT THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN EXCEPTIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/23/90, Advertised 5/30/90, PH 6/13/90) C. ORDINANCE NO. 0-90-04 - Contractor Licensing - 2nd Draft AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VII OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CONTRACTORS; AMENDING SECTION 7-91 TO REVISE THE DEFINITION FOR SPECIALTY CONTRACTORS; AMENDING ORDINANCE NO. 90-01 PERTAINING TO THE AMENDMENT MADE TO SECTION 7-92 THEREIN; AMENDING SECTION 7-95 TO PROVIDE FOR CONTRACTORS TO POSSESS A CURRENT OCCUPATIONAL LICENSE FROM INDIAN RIVER COUNTY, FLORIDA; AMENDING SECTION 7-97 PERTAINING TO THE IMPOSITION OF VARIOUS FEES FOR APPLICATIONS, EXAMINATIONS, COMPETENCY CARDS, DUPLICATE LICENSES, CHANGES OF STATUS, LETTERS OF RECIPROCITY, RENEWALS AND REACTIVATION OF LICENSES; AMENDING SECTION 7-103 PROVIDING FOR THE GRANDFATHERING OF CONTRACTORS HOLDING A CURRENT INDIAN RIVER COUNTY CERTIFICATE OF COMPETENCY; PROVIDING THAT THE ORDINANCE IS SUPPLEMENTAL; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (lst Reading 5/23/90, Advertised 5/30/90, PH 6/13/90) 2 90.028 89.012 90.146 90.147 90.148 88.183 88.183 8. PUBLIC INPUT A. Non-Agenda Items Stan Dillahay, Jr. - Pelican Island Jaycees - Request to Continue Use of Yacht Club for Weekly Meetings As Per Council Approval of 1/24/90 - $12.50 Per Week - Alcoholic Beverage Use - Security Paid - Dillahay DOB 6/16/63 Ruth Sullivan - North County Sewer Assessment (No Backup) B. Agenda Items CONSENT AGENDA A. Approval of Minutes - 5/23/90 Regular Meeting, 5/29/90 Special Meeting Request for Community Center - Mers/Cain Wedding - 8/25/90 - A/B - 2 p.m. to 6 p.m. - Karen Mers Permittee - DOB 6/16/65 - Security Paid (Application) Request of USDA to Install Monitoring Well at Airport (City Manager Recommendation dated 6/6/90, Airport Manager Memo dated 5/31/90) RESOLUTION NO. R-90-22 - Falcon Cable Regulation (Staff Recommendation dated 6/6/90) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING THE UNITED STATES CONGRESS TO GRANT TO MUNICIPALITIES THE PRIVILEGE OF REGULATING CABLE FRANCMISE WITHIN THE BOUNDARIES OF EACM MUNICIPALITY; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Sebastian Lakes - Request to Extend Conceptual Plan - Set Public Hearing and Direct City Attorney to Draft Proper Documents (Staff Recommendation dated 6/6/90, Letter frOm Redmond dated 5/4/90 and 5/17/90, 0-88-45, Memo from Director of Community Development dated 6/7/90) Sebastian Lakes Final Plat - Tracts G and G1 - Direct City Attorney to Draft Resolution (Staff Recommendation dated 6/6/90, Application, Plat Under Separate Cover) 3 90.149 90.150 90.151 90.152 90.153 88.193 90.143 10. Proposed Ordinance Amendment Requiring Subdivisions to Have Two Points of Access - Direct Attorney to Draft Ordinance (P & Z Recommendation dated 6/6/90, Memo from Kinchen dated 5/29/90) Set Public Hearing for Rate Increase - Sebastian Lakes Utility Company (Staff Recommendation dated 6/6/90, Memo from Asst. Finance Director dated 6/5/90, Letter from City Attorney dated 2/3/89, Letter from Asst. Finance Director dated 6/6/90, Rate Increase Application under separate cover) PRESENTATIONS COMMITTEE REPORTS/RECOMMENDATIONS A. CODE ENFORCEMENT BOARD Presentation of Case #90-3471 - (In Accordance With 2-106 (c) Code of Ordinances - No Action Required) B. PLANNING & ZONING COMMISSION Proposed Ordinance Amendment to Change Existing CL-512 Zoning District to C-512 Zoning District (Staff.Recommendation dated 6/6/90, Memo from Kinchen dated 5/18/90, Memo from Director of Community Development dated 6/6/90) Tentative Approval for Rezoning and Land Use Amendment for Rene Van de Voorde, CL to CG - .398 Acres (Old Fire Station) - Direct Attorney to Draft Ordinances (P & Z Recommendation dated 6/6/90, Memo from Kinchen dated 5/29/90) 12. OLD BUSINESS Select Police Station Site (City Manager Recommendation dated 6/5/90, Memo from Mayor dated 6/5/90, Letter from Mayor dated 6/1/90, Letter from Sebastian General Partnership, B.F.T dated 6/5/90, Stottler Stagg Report dated 3/1/89, Miscellaneous Letters & Petitions from Citizens) 4 13. 90.133 88.193 90.154 90.155 90.156 90.157 14. 15. 16. NEW BUSINESS Approve Contract With Architect Design Group, Inc. for Architectural Services for New Police Station (City Manager Recommendation dated 6/6/90, Proposed Contract Between City and Architect Design Group, Inc.) Award Main Street Realignment Project Bid - Ft. Pierce Contracting Corporation - $182,802.75 (Staff Recommendation dated 6/7/90, Memo from Interim City Engineer dated 6/7/90, Bid Tabulation Form, Letter from Mosby dated 6/6/90) C. Main Street Pro3ect - Post Office Parking Lot (City Manager Recommendation dated 6/6/90) D. RESOLUTION NO. R-90-20 - Repeal Airport Director Job Description (City Manager Recommendation dated 6/5/90) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DELETING THE JOB DESCRIPTION FOR THE OFFICE OF AIRPORT DIRECTOR; DIRECTING THE CITY CLERK TO DELETE THE JOB DESCRIPTION FOR AIRPORT DIRECTOR FROM THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Approve Letter of Engagement with Dobson, Bjerning, Duffey & Rosenfield for FY Audits 1990 through 1992 - FY 1990 Fee - $25,700 (Staff Recommendation dated 6/4/90, Letter from M. Switchkow dated 5/24/90, Engagement Letter) MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau CITY ATTORNEY MATTERS 5 17. CITY MANAGER MATTERS 90.158 A. Report On Airport Leasing (City Manager Recommendation dated 6/7/90, Letter from WHS dated 6/5/90, Page 9 of 4/11/90 Minutes, Memo from Airport Manager dated 6/7/90) 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 ORDINANCE NO. O-90-0R AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AMENDING CHAPTER 3.5 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 3.5-2 TO DELETE THE DEFINITION OF AIRPORT DIRECTOR; AMENDING SECTION 3.5-4 TO PROVIDE FOR THE AIRPORT MANAGER TO SUBMIT AIRPORT ACTIVITIES REPORTS AND GOVERNMENTAL REPORTS TO THE CITY MANAGER; DELETING SECTION 3.5-5 THEREBY DELETING THE POSITION OF AIRPORT DIRECTOR; AMENDING SECTION 3.5-6 TO PROVIDE THAT THE CITY MANAGER TO RECOMMEND THE EXPENDITURES FOR THE AIRPORT; AMENDING SECTION 3.5-6 TO PROVIDE THAT THE CITY MANAGER SHALL SUBMIT THE AIRPORT BUDGET TO THE CITY COUNCIL; RENUMBERING SECTION 3.5-6; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION iN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. That Section 3.5-2 of the Code of Ordinances of the City of Sebastian is hereby amended to delete the definition of airport director. SECTION 2. That Section 3.5-4 is hereby amended to read as follows: "Sec. 3.5-4. Airport manager. (a) The airport manager shall be appointed by the City Manager, and shall be an existing fixed base operator or another qualified person who shall administer and be responsible for the enforcement of field rules, operation procedures, and all maintenance and storage requirements in compliance with Federal Aviation Administration rules and regulations and city ordinances. The airport manager shall present for review, as requested by the City Manager, complete reports regarding any and all airport activities. Ail copies of Federal Aviation Administration and Department of Transportation reports will be submitted to the City Manager. (b) Field rules (Ref: Resolution No. R-79-11) are to be established and prominently displayed at the airport, by the airport manager. Field rules and city ordinance would, for the purpose of enforcement, be mandated on all air, ground, vehicular and pedestrian traffic. Penalties for noncompliance with any of the above would be disbarment from the airport for thirty (30) days for first offense, or permanent disbarment for a second offense by air or ground. None of the above is meant to except, duplicate, or relieve an offender of other existing FAA, state, county, civil or penal codes, rules or regulations." SECTION 3. That Section 3.5-5, pertaining to the establishment of the position and duties of the airport director, is hereby repealed in its entirety. SECTION 4. That Section 3.5-6 is hereby amended to read as follows: "Sec. 3.5-6. Finance. The finance director shall have custody of all airport funds as provided by the charter of the city. Expenditures of airport funds for operations, maintenance, renewal and replacement shall be approved by the City Manager. The city Manager shall annually, at the same time as is required by the city, prepare in 2 final form, a detailed budget for the ensuing fiscal year for approval of the City Council. Ail airport funds shall be subject to audit and the safeguards required of all other funds of the city." SECTION 5. Section 3.5-5. That Section 3.5-6 is hereby renumbered as SECTION 6. ~ONFLICT. -~ Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. 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 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 that the words "ordinance" may be changed to "section", "article", or other appropriate designation. SECTION 8. SEV$~BILITY. 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 there by causing said remainder to remain in full force and effect. SECTION 9. EFFECTI~ DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Councilman . The motion was seconded by Councilman vote, the vote was as follows: and, upon being put to a Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this day of ... , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE city Clerk 4 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 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 NO. 0-90-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE ADOPTION OF THE NATIONAL ELECTRIC CODE; AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 7-35 OF ARTICLE III TO ADOPT THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN EXCEPTIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. That Section 7-35 of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to read as follows: "Sec. 7-35. Adoption of National Electrical Code. There is hereby adopted by reference the 1990 edition of the National Electrical Code as published by the National Fire Protection Association, subject to such.amendments and additions which may appear elsewhere in this article and except insofar as any of the provisions of the National Electrical Code, by their nature, could have no application within the city." SECTION 2. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. ~QDIFiCATION. 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 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 that the words "ordinance" may be changed to "section", "article", or other appropriate designation. 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 n0{ 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 there by causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Councilman The Councilman vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau motion was seconded by and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor 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 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 NO.: 0-90-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE VIi OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CONTRACTORS; AMENDING SECTION 7-91 TO REVISE THE DEFINITION FOR SPECIALTY CONTRACTORS; AMENDING ORDINANCE NO. 90-01 PERTAINING TO THE AMENDMENT MADE TO SECTION 7-92 THEREIN; AMENDING SECTION 7-95 TO PROVIDE FOR CONTRACTORS TO POSSESS A CURRENT OCCUPATIONAL LICENSE FROM iNDIAN RIVER COUNTY, FLORIDA; AMENDING SECTION 7-97 PERTAINING TO THE iMPOSITION OF VARIOUS FEES FOR APPLICATIONS, EXAMINATIONS, COMPETENCY CARDS, DUPLICATE LICENSES, CHANGES OF STATUS, LETTERS OF RECIPROCITY, RENEWALS AND REACTIVATION OF LICENSES; AMENDING SECTION 7-103 PROVIDIING FOR THE GRANDFATHERING OF CONTRACTORS HOLDING A CURRENT INDIAN RIVER COUNTY CERTIFICATE OF COMPETENCY; PROVIDING THAT THE ORDINANCE IS SUPPLEMENTAL; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the construction industry is a matter substantially affecting the public interest; and, WHEREAS, to protect the health, safety and general welfare of the public, it is necessary to ensure that individuals and entities engaged in the construction industry are duly qualified and that construction is performed in accordance with the Code of Ordinances of the City of Sebastian; and, WHEREAS, existing laws, ordinances and enforcement procedures have not ensured substantial compliance; and, WHEREAS, certain measures can be taken to better regulate the construction industry and enforce the laws and ordinances enacted to protect the public health, safety and general welfare; and, WHEREAS, the existing fees charged pursuant to Article VII of Chapter 7 of the Code of Ordinances of the City of Sebastian incurred do not sufficiently reimburse the City for the expenses ~ by the City in administering the provisions of Article VII. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. Section 7-91 of the Code of Ordinances of the City of Sebastian is hereby amended by revising the definition of "specialty contractors" currently set forth therein to read As follows: "Specialty Contractors are those who can qualify with a minimum of two (2) years experience, one-half (1/2) of which must be in a supervisory capacity, who specialize in one or more crafts of the building construction and related contracting trades whose scope is less than those contractors defined above and as limited under the certificate of competency issued by the board to such specialty contractor. The board may further classify and define specialty contractors in such rules and regulations it promulgates in accordance with this Chapter. All specialty contractors whose trade is tested by Block & Associates must take such examination and receive a passing grade of at least seventy-five (75) on the examination for their trade which is administered by Block & Associates." Section 2. Section 2 of Ordinance No. 0-90-01 which was enacted by the 2 City Council of the City of Sebastian is hereby revised to designate the new paragraph added to Section 7-92 of the Code of Ordinances of the City of Sebastian regarding the removal of board members of the Sebastian Construction Board as paragraph "(m)". Section 3. Section 7-95 of the Code of Ordinances of the City of Sebastian is hereby amended by deleting the existing Section 7-95 in its entirety and adding the following new provisions in lieu thereof to read as follows: "Sec. 7-95. Indian River County Occupational License. In order to be issued a certificate of competency from the board or from the City, whether for a new certificate of competency or for a activation, reactivation or renewal thereof, the applicant must provide the board or the City with evidence that the applicant possesses a current, valid occupational license issued by the Office of the Tax Collector for Indian River County, Florida. This requirement shall not affect those contractors holding a current, active, valid certificate of competency issued by the board at the time this provision is effective." 3 Section 4. Section 7-97 of the Code of Ordinances of the City of Sebastian is hereby amended in its entirety to read as follows: "Sec. 7-97. Fees. 1. Application fee 2. Written Exam fee - Sebastian 3. Written Exam fee - Gainesville 4. Oral Exam fee - Gainesville 5. Competency Card annual fee 6. Issuance of duplicate Comp. Card 7. Change of Status fee 8. Letter of Reciprocity 9. Renewal fees for Comp. Cards a. October 1 through October 15 surcharge b. October 16 through March 31 surcharge c. April 1 through September 30 d. If renewed more than one year but less than three years from the previous expiration date e. Inactive Competency Card f. Reactivate an Inactive Competency Card after reapplication to, and approval by the board $75.00 $75.00 $135.00 S185.00 S30.00 S5.00 S25.00 $15.00 $30.00 plus 10% $30.00 plus 20% $60.00 $75.00 Sl0.00 S20.00 Note that no Competency Card can be renewed more than three years after it has expired. 4 Section 5. Section 7-103 of the Code of Ordinances of the City of Sebastian is hereby amended by adding new subsection (c) to read as follows: "(c) Any contractor who possesses a valid and active certificate of competency issued by Indian River County, Florida, as of the effective date of Ordinance No. 0-90-04 shall be entitled to have a comparable certificate of competency issued.by the board if application is made for such reciprocal certificate of competency to the board by such contractor on or before August 1, 1990, and the letter of reciprocity fee is paid by such contractor." Section 6. ORDINANCE SUPPLEMENTAL. The provisions of this Ordinance ,are supplemental, in addition to, and not in derogation of, all existing ordinances effective in the City of Sebastian, Indian River County, Florida. Section 7. C0DIFICATION. 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 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 8. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 9. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman Councilman vote, the vote was as follows: The motion was seconded by and, upon being put to a Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor 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 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 City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 1990 COMMUNITY CENTER/YACHT CLUB RESERVATIONS SCHEDULED MEETINGS (NORMAL DATES, DAYS, AND HOURS OF RENTAL): NON-PROFIT STATUS (TAX EXEMPTION NUMBER WILL SATISFY BURDEN OF PROOF): DEPOSIT~nF~L.p:~ YES / NO CURRENT RENTAL RATE:'~I._~.~ ~ I.~~' CO~NITY CENTER YACHT CLUB ALCOHOLIC BEVE~GES SERVED AT GATHERINGS: YES IF ANSWER IS "YES", PERMITTEE'S DATE OF BIRTH: NO Date: To: from: Subject: June 4~ 1990 Kay O'Halloran Pelican Island Ja¥cees Use of the City of Sebastian's Yacht Club Per your request, please arrange for the Pelican Island Jaycees to be on the agenda of an upcoming City Council Meeting so that we may make a request to rent the City Yacht Club on Wednesday evenings. If you need any information please contact Stan Dillaha¥, Jr., President of the Pelican Island Jaycees. A message can be left for Start at 5&9-5771 during regular business- hours. Thank you for your attention to this matter. CiO' of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE {407) 589-5330 FAX 407-589-5570 January 26, 1990 Mr~ Jerry Cobb, President Pelican Island Jaycees, Inc. P. O. Box 2122 Sebastian, Florida 32978 Dear Mr. Cobb: In response to your requests pertaining to the rental of the Sebastian Yacht Club, the City Council at their Regular Meeting on January 24, 1990, approved the following Motions: MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR McCARTHY, TO APPROVE YOUR REQUEST AND REDUCE THE RENTAL TO 912.50 PER WEEK FOR SIX MONTHS EXCLUDING JULY 4, 1990. MOTION BY VICE MAYOR McCARTHY, SECONDED BY COUNCILMAN OBERBECK, TO GRANT THE USE OF ALCOHOLIC BEVERAGES TO BE SERVED DURING MEETINGS. Your request for waiver of the Security Deposit in the amount of S250.00 was denied. It will, therefore, be required that this amount be paid tn advance. You may do so when the key is picked up for your first meeting as well as the rental fee 9f 812.50. The key must be picked up every Wednesday before 4:30 P.M and returned the next day. · · Very truly yours, Elizabeth Reid Administrative Secretary LR CITY OF SEBASTIAN RENTAL PERMIT APPLICATION COMMUNITY CENTER Name of Renter/,Organization Number of Persons constituting group or organization: Reason for Rental ~'/.';"~,7~ Requested Date ~Zz,cu,~7 Time of Day: From ......... YACHT CLUB Please answer YES or NO: 1) Are kitchen facilities required? 2) Are you a resident of Sebastian? 3) Will decorations be put up? 4) Will there be an admission or door charge7 5) Will alcoholic beverages be served7 ~/t~3 _.__ (a) (b) If answer to #5 is yes - permittee's proof of age ' / If alcohol is to be served, permission is required by the City Council. Your request will be presented to Council Amount of Rental Security Deposit: $ 7 Name of Permittee: of Permittee: Address d,,,.'/ /-, Telephone No,: ~-.~G 7% Tax: ,5-: ~'-' Total Rental: $ ___ Date of Application ~/~.~) CITY OF SEBASTIAN Make checks payable to: APPROVED/DISAPPROVED City Clerk TO BE FILLED IN BY CITY CLERK'S OFFICE Security Deposit paid on J-.~,5-~ (date) in the amount of '~J~.F~ by Check # //~_~' or Cash initia!~? Rental Fee paid on (date) in the amount of by Check ~ 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 in the (date). Amount kept for damages (if applicable). City of Sebastian POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 SUBJECT: Airport Monitoring Well Approved For Submittal By: City Manager ~'-- ) Dept. of Origin Airport (JVA) ) ) ) Date Submitted: -. ) ) For Agen4a Of: ) ) Exhibits: 06/06/90 06/13/90 - Van Antwerp memo of 5/31/90 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Soil Conservation Service has requested to locate a water monitoring well on the Sebastian Municipal Airport. The site would be on the edge of the clear zone for the runway 22 approach. This monitoring well would not conflict with airport operations nor would it conflict with the Standstill Agreement, terms of the 1959 deed or other operating policy of the city. It is our desire to cooperate with other public agencies when necessary and appropriate. RECOMMENDED ACTION Move to grant request of USDA Soil Conservation Services to install a water monitoring well on the Sebastian Municipal Airport. [)ATE: FF.:OM: :3 U E,: J' E C: -J" :; MAY :3:1. ! '.:.79C:, Fi C,', ][!) M C: C L.. A F(Y .:rot..4N VAI'q AIqTUEF;:? MC)N iT 'T'C:,F;: I i',fG WELL. MEMO MF;.: C:L..AF:;E N. i C::t-!OL.:E; THE D i '3"FR .,.'r C:T C:C)t\!:!!i;EF;,'VAT .,.'" ON .T. :3-r n~::', .... "F'HE ~_.i'",, .,.'r 'FED :.3TA"I'EE::-'; C'EF'AF:'.TMENT OF. ¢..:"~.'~a .... ~l ¢-'~I ............. v IR::. .... HA?.' Rt.::(]iUIE:3TED 'TC) L..C'C:¢FFE W~'t"E"F: HOb. i:[-i"OF;:J;i',l{ii WELL. (:)lli THE;' :E;EBASTT~-d',, C:HO:::;iEN.,....,""::' O1'4 -r';.~r_-, ,,, .... E_';[)GE OF THE: CLEAR ZONE FOF':..' "r',._,r_:',, ,~ .... F;;,,i.II.qIclA,Y; ..... .,:..;..:'"':' AF:'F'F;:OACH, -n..., _t :::!; LOC'AT !C.-'F, t,,,~I LL. NO'T' AFFECT THE. OF'ERAT!ON OF' THE AIRF'OF;.:T ..... AI',ID ::-;I...t,"',~ ~,~...., ..... D NOT .,. , ,,'r ~q T '"::: :' :. ,.._,t, ,_.., ,.,...:' :'r-:' W'[TH FU]-URE' DEV.,.'Ef._.C)F'MEr,(T ()F' THE A :[ F~F:'OF::'F ,: --;'"E MC'.,N ]; 'FOF,' I NG AND CON::! E'I:WAT I ON OF' k.~(:.¢FEF;: T ::; ]:HPOF?TANT TO THE ,-.'r]'y C,F ':'ET.]E'.'!z~"-"'?z."l-x 'r F;.,,r:~>::::OMMi...-71qD, ,'-.4 .... GF;;ANT THE F: E:' ¢..:~(. E :_:.' T ,, USDA S~il Conservation Service · . CLARE NICHOLS ~ ',.'J: (..~ .t~.~.l ..,:;'.:, ..,.:y: ~:,,.: ~,'~: 0u:. ~*i'~h': C ~J:~,', ,J:; :' ~ :.-.;~' City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) $89-5330 FAX 407-589-5570 SUBJECT: Resolution No. R-90-22 Cable Franchise Regulation Approved For Submittal By: City Manager Agenda No. Dept. Origin Date Submitted For Agenda Of 90.148 City Clerk 6/7/90 6/13/90 Exhibits: Resolution No. R-90-22 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City Council, at its May 2, 1990 Workshop, instructed me to draft a resolution which would state City Council's objective to urge the U.S. Congress to grant to municipalities the privilege of regulating cable franchises within its boundaries. The City Attorney concurs with this resolution. RECOMMENDED ACTION Move to adopt Resolution No. R-90-22. RESOLUTION NO. R-90-22 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING THE UNITED STATES CONGRESS TO GRANT TO MUNICIPALITIES THE PRIVILEGE OF REGULATING CABLE FRANCHISE WITHIN THE BOUNDARIES OF EACH MUNICIPALITY; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Federal Communication Commission did deregulate rates for cable services; and WHEREAS, the City of Sebastian, Florida, at their October 28, 1987, Regular Meeting, did approve Resolution No. R-87-74 consenting to the assignment and transfer of a cable television franchise from Cable TV Fund VIII-A, Jones Intercable, Inc., to Falcon Cable Media, L.P.; and WHEREAS, Falcon Cable Media which now serves Sebastian, Florida, has increased basic cable rates annually. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the City Council of the City of Sebastian, Florida, implores the U.S. Congress to grant to municipalities the authority to regulate basic cable rates. Section 2. That cable companies must hold public hearings when considering rate increases. Section 3. That cable companies must assure the public of quality reception and a maximum of air time. Section 4. Ail Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 5. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution 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 W. E. Conyers Vice Mayor Frank Oberbeck Councilman Robert McCollum Councilman Lloyd Rondeau Councilman Lonnie R. Powell The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. CITY OF SEBASTIAN, FLORIDA By: W. E. Conyers, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Charles I. Nash, City Attorney 2 Cit. v of' Sebastian POST OFFICE BOX 780127 n SEBASTIAN. FLORIDA 329?8 TELEPHONE (407) 589-5330 FAX 407-589~5570 SUBJECT: Extensfon of Conceptual Development Plan for Sebastfan Lakes PUD Approved For submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) ) Agenda No. Dept. Origin Date Sub,nitted Community Development .... ( BC)~ ~ .... 6-6-90 For Agenda Of 6-13-90 Exhibits: Letter dated 5/4/90 from John Redmond. Letter dated 5/17/90 from John Redmond. Ordinance 0-88-45 Memo dated 6/7/90 from Bruce Cooper EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The conceptual development plan for Sebastian Lakes PUD was granted by the City Council on December 7, 1988 and will expire June 7, 1990. The applicant is requesting an extension of time until December 31, 1991 to submit the required preliminary development plans ag required by the Land Development Code. Please refer to memo dated 6/7/90 from,~ruce Cooper for additional information. ! RECOMMENDED ACTION Move to set public hearing for action on determination of time extension for Sebastian Lakes Plan Unit Development on July 25, 1990 and to direct the City Attorney to prepare the necessary documents. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMORANDUM DATE: TO: THROUGH: FROM: REFERENCE: June 7, 1990 Mayor W. E. Conyers and City Council Robert McClary City Manager Bruce Cooper f ~ 3 Extension of Conceptual Development Plan for Sebastian Lakes PUD A new conceptual development plan for Sebastian Lakes Plan Unit Development was granted by the City Council on December 7, 1988 and will expire June 7, 1990. The applicant is requesting an extension of time until December 31, 1991 to submit the required preliminary development plans as required by the Land Development Code. Ordinance 0-88-45 which, approved the conceptual development plan for Sebastian Lakes requires certain transportation improvements once the developer obtains preliminary development approval and subsequent issuance of building permits for the commercial zone. Staff is recommending at this time that the PUD extension be granted subject to same conditions outlined, in Ordinance 0-88-45 and in addition, the owner must. deed to the City of Sebastian the additional 20 foot of road way for Laconia Street in order to have a 60 foot right of way. The granting of this property to the City of Sebastian will in no way relinquish the owner from constructing the required improvements for Laconia Street as outlined in Ordinance 0-88-45. BC/gk extpud.doc ~ ~;: 1 ~ I~ 407 / 783-7443 ding ·-, .'no neerlne, nc. ,o, DIXIE LANE-P.O. BOX 321321, COCO~ BEACH, FLORIDA 32932-1~21 May 4, 1990 City of Sebastian Post Office Box 780127 Sebastian, Florida 32973 Attn: Bruce Cooper, Director Community Development Re: Sebastian Lakes P.U.D. Dear Bruce: At your suggestion we are hereby requesting an extension to December 31, 1991 of the approved preliminary conceptual site plan for the subject P.U.D. As you know, the original developer for whom the City Council approved the preliminary plan including Tract "G" is no longer involved in the project. Since the Chase Bank of Maryland took over the project, it has been talking to developers to interest them in completing the project. An agreement for the commercial property with Brian West of Westland Developers was recently terminated and the owner is continuing its efforts to locate a developer for the property, The Bank, in good faith, has undertaken to correct maintenance problems and needs additional time to accomplish this and find a developer for the commercial and residential areas. The Bank would appreciate the Council's consideration of its request to extend the P.U.D. development time limit. We appreciate your assistance on this project. JAR:sg Sincerely, Red~mond T1~ 'T~T c41)e Kennedy L~ ~q~l~l Profe#io., euiidl. nmneenn , inc. May 17, 1990 City of Sebastian Post Office Box 780127 Sebastian, Florida 32973 Attn: Bruce Cooper, Director Community Development Re: Sebastian Lakes P.U.D. Dear Bruce: In accordance with the conclusions reached at our meeting on May 16, 1990 with you and the City Attorney and City Engineer, we are submitting this letter to amplify our request dated May 4, 1990 for an extension of the development time limit for the subject P.U.D. In recognition of the City's traffic circulation concerns, the owner of the property, Chase Bank of Maryland, agrees to deed to the City of Sebastian that strip of land, described in Exhibit "A", necessary for the construction of additional roadway for Laconia Street to become a two lane road. We appreciate the time given us by the staff and your assistance in keeping the project alive. JAR:sg Sincerely, hn A. Redmond ORDINANCE N.0. 0-88-~ AN' ORDINANCE AMENDING OP, DiNANC~ NO. 202-8, THE SAM~ BEING AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN EXISTENCE BEFORR THE ADOPTION OF THE LAND D~VELOPMENT CODE OF Tt~ CiTY OF SEBASTIAN; PERTAINING TO THE AMEND~ENT OF A CONCEPTUAL DEVELOpM~NT PLAN; LMPOSING RESTRICTIONS AND CONDITIONS; PROVIDING FOR I~EPF, AL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WH~, the City Council, in Ordinance No. 202-8, had previously approved the Conceptual Development Plan submitted by Arrowhead Lake Estates, a Florida General Partnership, and the Preliminary Development Plan submitted Arrowhead Lake Estates, subject to stipulations which the City Council determined to be in the best interests of the City of Sebastian; and WHEREAS, the applicant, Sebastian Lakes Associates, has submitted a proposed amendment to the conceptual Development Plan; and WHEREAS, the Staff and the Planning and Zoning Commission has reviewed the proposed amendment to the Conceptual Development Plan submitted by Sebastian Lakes Associates, and has recommended its approval with some stipulations; and WHEREAS, the City Council has reviewed the proposed amendments to the Conceptual Development Plan and has held a Public Hearing on such amendments; and WHEREAS, the City Council has found and determined that the proposed amendments to the Conceptual Development Plan meet the requirements of the Land Development Code of the city of Sebastian, Indian River County, Florida, subject to the stipulations which were recommended by the Staff and the Planning and Zoning Commission, and has determined that the proposed amendments to the Conceptual Development Plan, with the stipulations, are in the best interests of the City of Sebastian and should be approved subject to such stipulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. That the existing Section II of Ordinance No. 202-8 is hereby repealed in its entirety and the following Section II to Ordinance No. 202-8 is hereby created to read as follows: "SECTION II (a) The proposed Revised Conceptual Development Plan, as submitted by the applicant, Sebastian Lakes Associates (the "Applicant"), is hereby adopted and approved and shell be carried out in every manner consistent with the requirements of all regulations and ordinances of the City of Sebastian, but shall bs subject to all of the following conditions: 1. ,Compliance Wit___~h Lan_~_~d ~evelopment Code. The Applicant shall comply with all provisions of the Land Development Code of the City of Sebastian. 2. Transportation Improvements. A. The Applicant shall transfer funds to an escrow account with Indian River County, Florida, in an amount sufficient to pay for the obtaining of complete signalization of the intersection of County Road 512 (Fellsmere Highway) and Roseland Road, prior to the issuance of any building permits in the commercial zone. The Applicant shall act in good faith in working with the Planning and Building Staffs of Indian River County, Florida, in determining the amount of funds needed for the complete signalization of such intersection. B. The Applicant shall construct the improvements to Laconia Street at their expense. Such improvements shall extend from County Road 512 (Fellsmere Highway) to Grandeur Avenue. The improvements shall include: (1) a sixty (60) foot right-of-way which shall be deeded to tbs City of Sebastian; the construction of additional roadway whereby Laconia Street shall become a two (2) lane road, thus requiring new construction of one-half (1/2) of said roadway and a complete total overlay of asphalt whereby the completed two (2) land road shall have a width of twenty-four (24) feet; and (3) the construction of the extension of Roseland Road from County Road 512 (Fellsmere Highway) to a point approximately three hundred (300) feet south of County Road 512 to allow access to the first phase of the commercial area and the library site. Ail of the foregoing improvements shall meet the specifications promulgated by the Florida Department of Transportation and shall be completed prior to the issuance of any certificates of occupancy in Phase I of the commercial development. C. The Applicant shall provide, st its expense, all other improvements required by Indian River County, Florida,. D. The remainder of the Roseland Road extension as described in the amended Conceptual Development Plan submitted by the Applicant shall be completed prior to issuance of any certificates of occupancy in Phase II of the commercial zone. 3. ~ Storage. The Applicant shall be permitted to utilize the area indicated on the amended Conceptual Development Plan as a temporary RV storage area for a period of one (1) year from the effective date of this Ordinance. 4. Development Schedule. A development schedule indicating the approximate starting and completion dates has been submitted to the City of Sebastian as a part of the amended Conceptual Development Plan. If subsequent changes in the schedule are proposed.'ln the future, such changes shall be submitted to the City of Sebastian in an expeditious manner to assure effective communications concerning any potential problems or issues associated with the development. (b) it is acknowledged that Tract D of the Planned Unit Development contained in the original Conceptual Site Plan has. previously been approved for final plat by the City Council, and Tract G of the Planned Unit Development contained in the original Conceptual Site Plan has previously been approved for a Preliminary Development Plan. Therefore, Tracts D and G are not affected by the amendments to the Conceptual Site Plan which is hereby adopted. SECTION 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILIT¥. 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 4. FF~_~~_~. This Ordinance shall take effect immediately upon final passage. CITY OF/S~BASTIAN, FLORIDA ATTEST: Richard B. Votapka, Mayor c;.~/ , Kathry0]M. O'Halloran, CMC/~ 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 hear~ing was held on this Ordinance at 7:00 p.m. on the 30thday of .'November , 1988, and that following said public hearing this Ord~n~hce Was passed by the City Council~ upon second reading on .the 7th day of ~ December , 1988. Kathry~ M. O'H~lloran, CMC/AAE City Clerk Appro~ as to Form and Content: Charles I~n Nash, City Attorney City of Sebastian POST OFFICE BOX 7'80127 o SEBASTIAN, FLORIDA 3297'8 TELEPHONE (407') 589-5330 FAX 407-589-5570 SUBJECT: Final Plat for G and G1 for Sebastian Lakes PUD Approved For Subinittal By: City Manager ~'~[ Agenda No. Dept. Origin Community Development (Bc)~ Date Submitted 6-6-90 For Agenda Of 6-13-90 Exhibits: ~pplication from John Redmond including Tract G'and G1 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Tract G, which is now known as Tract G and G1 of the Sebastian Lakes Plan Unit Development was granted a preliminary development plan on December 7, 1988. The applicant is now requesting a final plat for this specific tract of land which already has the existing infrastructure (water, sewer, roads and drainage). This tract is immediately to the south of the existing phase I condo units of Sebastian Lakes Plan Unit Development. The City Attorney, City Eng~ineer and myself have reviewed and recommend approval of the final plat. RECOMMENDED ACTION Move to direct the City Attorney to draft the proper resolution for approval for the final plat for tract G and G1 for Sebastian Lakes Plan Unit Development. ./ PUD APPLICATION FORM /, ~ ~ C.,Ty C)F ~FBA.~TiAN fi! [E~ ~. (')IfJc~, 'l'hl6 hl.,[)lJ(rflt, l(Jti ~lll ~ilelL be referred Lo ~he City / CONCEPTUAl, ['REI. i HI NARY FINAL ...................................... ......... SEBASTIAN LAKES ASSOCIATES AUL R S. .......... !:[0.1__,F.,_o?_tz..R..,oad St2 ' ' Sebastian, Florida 32958 PIIONE (407) 589-1100 PROJ F. CT ARCII 1 1ECT J. STEVEN RYAN ASSOCIATES 800 East Broward Boulevard ADDRESS.F_M. LLauderdaleo.~jorida._3330.1 .... PIIONE (305) 467-8~157 [iNC IN~ER OF RE,::(.HH) ..ALL~E_N.__E__Ng.!.NE.._E_R/N_.G_,. INC. Post Office Box 321321 AOPl~F..~oS_¢_O~;.o.a..B_qar. h,_EiRridajZtEi2:132J__pIIONE (a07) 783-7~3 ZON ]NG CLA~S I F I CAT i ON P.U.D. - R LAND USE DESIGNATiON_C_G.~ CORo MD i. EGAL DF. SCI~ 11:'TION OF PI{DJ ECT Attached STREET AL, DRE,.~.~ OF Till:. PI~OJI.:CT 110_LC_ou_n_Lv. Road512 TYPE Of;' PUD - I? ........ _X ................ C t'ND NEV SUBMiT'rAL CIIAN¢3E TO EXISI'INO PUD__y_ PROPOSED USE OR CIIANGI,.' See Attached DEVP. I.OPMBN'I' ~I'I'E FJlZE 66,98 ACRE.~ SQUARE FOOTAGE OF NEV IIIPERV IOUS SURFACE q0,380 Sc~.[:t. ,cI.,OUARtl. FL)(3'I'AGE OI? PROPOSED CIIANGE q0.380 SOc,.Ft. ?' '[IIE Fi3L. I.OVINI; AT'IACIIMf;.N'I'~ :~llAl..I. ACCOMPANY 'rile APPLICATION I , A cnpy t]f Lhe OWll~t ' il 2, If ,etcher fha. r~wnor, n swl~rn ~tntement of Authorization, 4. Review fer~ of I~.:{~'._.~..:._i. casl~ or check drawn to Lite t,,'de,- of ,:he ,:t ':y of ~el,a~L tn,,, d FIlE ~CIIEDULE $2OO. OO PER I'1,~ PI.U~g $10.OO PER AGRE OR FRAGTIO~ TIIEREOF, ALI, AF'I"I,I(:ANTD ARE EN(:t3URA(~EI.)'r(3 ~CIIEDULF. A pRE-APPLICATION (.:L)HFERIiNc';F. ~Y!'l'tl TIlE PLANNIN(.: AND ZONING COMNIS.glON OR IN- IIOlJ~;E t~'I'AI;F PRIC)R '10 TIlE ~.;LJBMi'r'i'AL OF PLANS, PRE-APPLiCATION CONFERENCE I;'I;E; ~.ll)O.O(.) AND III[QIIIRI~D APPLICATION FORM PER CITY RE~OI.UI'I(IN R'l~q'62. City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: PROPOSED ORDINANCE AMENDMENT REQUIRING SUBDIVISIONS TO HAVE 2 POINTS OF ACCESS Approved For Submittal By: City Manager ~~%~-~ Agenda No. '~,/~ Dept. Origin PLANNING & ZONING COMMISSION Date Submitted 6/6/90 For Agenda Of 6/13/90 Exhibits: Memo dated 5/29/90 from Linda Kinchen EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Planning & Zoning Commission has recommended to the City Council an ordinance amendment for Section 20A-17-2(A) (1) (e) of the Land Development Code concerning subdivisions. Specifically, the amendment would require at least two (2) separate means of ingress/egress and to connect, if possible, to different collector or arterial street or at least be separated by at least 1000 feet. RECOMMENDED ACTION Move to direct City Attorney to draft ordinance. The ordinance would then be reviewed at a future City Council Workshop. City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589,-5330 FAX 407-589-5570 DATE: HAY 29, 1990 TO: MAYOR AND CITY COUNCIL FROM; LINDA KINCHEN ~ ADMINISTRATIVE ASSISTANT THROUGH: BRUCE COOPER DIRECTOR OF COMMUNITY DEVELOPMENT RE: SUBDIVISION ACCESS PLEASE BE ADVISED THAT AT THEIR REGULAR MEETING HELD ON MAY 17, 1990 THE PLANNING AND ZONING COMMISSION MADE THE FOLLOWING RECOMMENDATION, A MOTION TO RECOMMEND THAT SECTION 20A17.2.A.1.E OF THE LAND DEVELOPMENT CODE BE CHANGED TO READ AS FOLLOWS: E. ALL SUBDIVISIONS WILL HAVE AT LEAST TWO (2) MEANS OF INGRESS/EGRESS. THEY SHALL BE IF POSSIBLE CONNECTED TO DIFFERENT ARTERIAL OR MAJOR COLLECTOR STREETS, ZF NOT THEY SHOULD BE SEPARATED BY AT LEAST ONE THOUSAND (1000) FEET. THE MOTION PASSED UNANIMOUSLY. SHOULD YOU REQUIRE ANY FURTHER INFORMATION ON THIS HATTER,, PLEASE FEEL FREE TO CONTACT ME. LK/LK City of Sebastian POST OFFICE BOX 790127 cl SEBASTIAN, FLORIDA 32078 TELEPHONE (407) 589-1~330 FAX 407-569-55?0 SUBJECT: Set Public Hearing for Rate Increase Request by Sebastian Lakes Utility Approved For Submittal By: City Manager Agenda No. Dept. Origin /~,,/5'-0 Finance (LWN) ) ) ), ) ) ) ) ) Date Submitted June 6, 1990 For Agenda Of June 13, 1990 Exhibits :- M~o form A~D Legal Opinion form CA Rate Increase Application from Utlity EXPENDITURE REQUIRED: None AMOUNT BUDGETEDtNone APPROPRIATION REQUIRED: SUMMARY STATEMENT The utility currently receives $27.00 per month per customer for combined water and sewer services. They are requesting a combined new rate of 95.45 for an increase of 254%. City Staff is r~ing a combined rate of 50.55 for an increase of only 88%. RECOMMENDED ACTION Staff is recu,,,ending a review of the rate increase request and the financial infrc~nation and to schedule a public hearing for Wednesday, August 8, 1990. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMORANDUM Date: To: From: Re: June 5, 1990 Robert S. McClary, City Manager Larry W. Napier, Assistant Finance Director~~ Rate Increase Request for Sebastian Lakes Utility Company On January 10, 1989, a rate increase request totaling 84% was filed by Sebastian Lakes Utility Company. The financial information furnished was incomplete and in need of updating. Since the requested increase was some 64% higher than the cap of 20% contained in section 109 of the franchise, a legal opinion was prepared by the City Attorney. The legal opinion stated, in part, that according to section 120 of the franchise the utility company would need to provide legal justification for the avoidance of the 20% cap set forth in section 109 of the franchise. Accordingly, on April 28, 1989, the utility company asked for the withdrawal of the pending rate increase request to update the financial information contained therein. City Council granted the withdrawal of the rate increase on May 10, 1989. On October ll, 1989 the company made another application for a increase b~t submitted copies of the same data that had prex~i, ous!y been withdrawn. Therefore, more current financial information was requested from Rochlin & Cohen CPA's which was received on April 25, 1990 and contained a request for increases totaling 254%. After analysis of the updated information, four additional items were requested from Rach!in & Cohen CPA's: t. What, is the gross and net income and the actual number of customers for 1989 and what is the amount of an average bil]ing and a copy of same? 2. How mu,~sh money is in the renewal & replacement account and how mucL interest is earned per year? 3. Is the $i,000 sewer impact fee per unit. included in the. rate base? A. Is ali of the utm!ity s water purchased from ~ ;/~- i was told verbally by Lisa Layne CPA there were 64 customers~ the impact fee was never collected and all of the water is purchased from GDU. No other information has been received since that time. The following is my analysis based upon the information received: Current monthly Requested Percentage by company increase Recommended Percentage bM staff increase WATER $12.20 $30.26 149% $20.95 72% SEWER 14.80 65.19 341% 29.60 100% TOTALS $27.00 $95.45 254% $50.55 88% NASa & I~ALLACE, P.A. AT?OR~mYS AT LAW 930 S. ~ Swx?~ 505 ~I~II3LBOURNE, ~ORZDA 32901 (40?) 984-3500 I~AX (405) 951-37&1 February 3, 1989 VIA FAX Robert S. McClary, City Manager City of Sebastian 1225 Main St. Sebastian, FL 32978 Re: Sebastian Lakes Utility Company/Rate Increase Request Our File No.: 89-2985 Dear Mr. McClary: You requested that I provide you with a legal opinion concerning the rate increase requested by Sebastian Lakes Utility Company pursuant to Ordinance No. 0-85-16 (the "Franchise"). It is my understanding that the rate increase requested by Sebastian Lakes Utility Company exceeds 80% of the rate currently in effect for the utility services provided by Sebastian Lakes Utility Company. In providing a legal opinion to the City of Sebastian, I reviewed the existing Franchise. Section 109 of the Franchise provides, among other things, that in no event shall a rate adjustment for any three year term exceed 20% of existing rates. Therefore, it is my opinion that the city council could not approve a rate increase for Sebastian Lakes Utility Company that would exceed 20% of the existing rates being charged by Sebastian Lakes Utility Company pursuant to the Franchise. Note that Section 120 of the Franchise requires that the rates be reasonable and subject to such regulations as may be provided by law. However, it is my position that Sebastian Lakes Utility Company would need to provide legal justification for the avoidance of the 20% cap set forth in Section 109 of the Franchise. In absence of any statutory law to the contrary, the 20% cap imposed by Section 109 of the Franchise would govern the pending rate increase application by Sebastian Lakes Utility Company. Mr. Robert S. McClary February 3, 1989 Page Two If you require any additional guidance with respect to this matter, please do not hesitate to contact me. Please note that I discussed this matter earlier today by telephone with Larry Napier, Assistant Finance Director for the City of Sebastian. Please provide him with a copy of this letter for his reference. Very truly yours, NASH ~ALLACE, P.A. Char~es Ian Nash City Attorney CIN/mls City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 ,June 6, 1990 Phillip C. Gildan, Esq. Nason, Gildan, Yeager & Gerson, P.A. P.O. Boz 3704 West Palm Beach, Fl. 33402 Dear Mr. Gildan: Sebastian Lakes Utility Company Enclosed you will find a copy of the staff recommendation for the pending rate increase request for Sebastian Lakes Utility Company. This reco~mnendation will be presented to the Sebastian Cit, y Council on June 13, 1990 for their review. The public hearing will be scheduled for Wednesday evening August 8, 1_990 at 7:00 P,M. in the Sebastian Cit. y Council Chambers located at 1225 MaSh St., Sebastian. Florida. S~c~,rely yours, Larr~ W. Napier Assistant Finance Director cos' //Mr. Robert S. McC]_ary, City Manager Hr. John A. Redmond Allen Engineering. Inc. IN THE MATTER OF: CODE ENFORCEMENT BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA STEVE PHILLIPSON c/o Goodyear Garage U.S. #1, Sebastian, FIorida 32958 CASE NO. 90-3471 LEGAL DESCRIPTION: Lots S, 9, 10 & 11, Block 3 of W.A. MARTIN SUBDIVISION ORDER FINDING VIOLATION THIS CAUSE oIiginally Came to be heard afte~ du~ Notice to th~ Respondent at a violation heaztng conducted by the Code Enforcement Boa=d of the City of Sebastian oD May 16, 1990. The Boa=d after having heald testimony unde~ oath, xecetved evJdenc~ and hea~d azgument of counsel ox respondent, if any, thezeupon issues its Finding of Fact, Conclusion of Law and OI'de~ as follows~ FINDINGS OF FACT The Board det~imined upon the evidence p~esented that; a junk vehicle is stoled upo~ the above-described lot. CONCLUSIONS OF LAW The Code Enforcement Board concludes that the above- ~efezenced Individual was in vJolation of Section 12-31; Chapt-z 12 of The Code of O~dina~ces of the City of Sebastian, Indian River County, Flo/'ida. ORDER 1. Based upon the fo~egoing Finding of Facts, Conclusion of Law, Jt iS h~meby oxde/ed thatl Respondent pay a fine of $250.00 and that an additional fine of $250.00 a day will be Imposed evexy day aftez 5/16/9~ that the v~olation exists until Respondent xemoves the vehicle. 2. UPON COMPLIANCE, RESPONDENT SUALL NOTIFY T~E CODE INSPECTOR, Robert Ntcholson, WHO SNALL DIRECT AN INSPECTION OF THE PROPERTY AND NOTIFY THE CODE ENFORCEMENT BOARD AS TO CORRECTION OF THE VIOLATION. 3. If ReSpondent causes a zeoccurrence of the violation, this Boazd shall xeconvene in the Council Chambexa to further evJdenc~ ob th~ issue of compliance and to impose a fJn~ of up to the maximum amount of $500.00 pez day foz each day the violation Continues. In the event of a futuI'~ vt. oiation of this o~de~ aftez the aforementioned date, Respondent shall be zenot, if~d of a new compliance h~a~in9, at which the Boazd will z~vJ~w the evidence and Impose the fine provided hez~in tf said 4. TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST YOU CONSTITUTES A LIEN AGAINST TBE REAL PROPERTY UPON WHICH THE VIOLATION EXISTS, OR IF YOU DO NOT OWN THE PROPERTY, THEN AGAINST ANY REAL OR PERSONAL PROPERTY WHICH YOU DO OWN. YOUR CONTINUED NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF YOUR PROPERTY. ~HEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO COMPhY WITHIN THE STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR IMMEDIATELY. DONE AND ORDERED this __~__~ay of ~ , 1990, tn open sesslo~ at the Council Chamb~=, ~225 Mai.~' Sti'eet, S~bastia~ Florida. Chairman Code Enforcement Boazd Nunc Pro Tunc ATTEST: City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: 5XiSTING CL-512 DfSIRTCT TO C-512 DISTRrCT Approved For City Manager Submittal By: ) Agenda No. ) ) Dept. Origin ) ) Date Submitted ) ) For Agenda Of ) ) Exhibits: ) ) ) Dept. of Co~t~ 6/~19o ,,. 6/1~1~o Memo dated 5/18/90 fz~,, ~ K/nc~en Memo da~sd 6/6/90 from Bruce Cooper EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT In the CitU's newly 8dopted Comprehensive Plat& the Cit~ has amended its Land Use Map to change the Cc~m~rcial Limited 512 corridor (CL-512 to C~t,,~rcia/ 512 (C-512) zoning district. The am~t is to relax the t~oe of ccm~rcial establ~t that would be permitted within this district, but still be ~Dre restrictive than the Co~z~iaI General zoning district. The new district will uer~it almost any tzzpe of prof, e~sional office or retail operation and the district will prohibit the following: bars and lounges, mgrc~ing of second-hand goods (including flea mark~), wholesale trades and services and parking garages. RECOMMENDED ACTION Move t~ direct the Cit~ Attorneg to draft the necessarg ord/nance for the proposed amendment. City of Sebastian POST OFFICE BOX 780127 o sEBASTiAN, FLORIDA 3297B TELEPHONE (407) 589-5330 FAX 407-589.-5570 HAY 18, 1990 ~A¥OR ANO C;T¥ CoUNCiL TO: AoM~N[STRAT~V~ FROM; L[NDA ~[NCHEN BRUCE COOPER DEVELOPMENT THROUGH: COMMUNITY D~RECTOR OF · 512 ORDINANCE AMENDMENT .... :.n oN MAw LAR MEETIN~ CL R REGU E THE RE. -,,~ AT THE~ ~[ss~ON MAD A HoT[ON. R TA[N~u ~N E 1990 W~TH ]~;~n USE ANO_~ _ IsED ~s_CON ATED MAY_~.~. :~ A PER~£''~T ~vpO'S CHANGED ~ ~ - NO pRiNCIPAL STRucTURE' BE REVISED TO SAY K[LKELL¥ voTiNG NO mn ~ WITH MRS._ M~ FuLLERTON voTING NO REQUIREMENT AND ~' ~H[S MoT[ON pAsSED 5 -~ ' BECAUSE OF THE vIDEO REMAIN cONDITIONAL sTATING ENCLOSED AMUSEMENTS sHOULD ~HOULD YOU REQUIRE ANY FURTHER iNFORMATION ON THIS MATTER, PLEASE FEEL FREE TO CONTACT HE, LK/LK City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMORANDUM DATE: TO: THROUGH: FROM: REFERENCE: June 6, 1990 Mayor W. E. Conyers and City Council Robert McClary City Manager Bruce Cooper t~~~ Director of Community Developmen CL-512 Zoning District In the City's newly adopted Comprehensive Plan, the City has amended its Land Use Map to change the Commercial Limited 512 corridor (CL-512 to Commercial 512 (C-512) zoning district. The amendment is to relax the type of commercial establishment that would be permitted within this district, but still be more restrictive than the Commercial General Zoning district. The new district will permit almost any type of professional office or retail operation and the district will prohibit the following; bars and lounges, merchandising of second-hand goods (including flea markets), wholesale trades and services, and parking garages. Attached is the recommendation from City staff and concurrence from the Planning & Zoning Commission which will replace Section 20A-3.8(A) of the Land Development Code except, I have added two additional items to the attached recommendations that staff thought of after the Planning and Zoning Commission's meeting reviewing this ordinance amendment. 1. Enclosed commercial amusements are added to permitted uses by Planning & Zoning and staff would recommend that this type of use would be permitted subject to no alcohol beverages being permitted within the establishment. Page 2 2. This department has been receiving requests for model homes along the C-512 zoning district which I would encourage this type of use, since the only districts that permit this is the residential zones. Both of these items have been incorporated into the attached recommendations for your review. The actual rezoning of this property will be forwarded from the Planning & Zoning Commission and both the ordinance amendment and rezoning should be adopted simultaneously. At this time, I would recommend the City Council to authorize the City Attorney to prepare the proper ordinance amendment for first reading. City of Sebastian POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 Sec. 20A-3.8(A) C-512, Commercial 512 A. Purpose and intent. The C-512 district is established to implement comprehensive plan policies for managing land designated for Commerical (C-512) development along segments of County Road (CR) 512 below defined: 1. Specific area included in C-512 district. This district is intended to include all lots abutting the south side of County Road 512 which are included in the fofllowing blocks located within respective plats of the Sebastian Highlands Subdivision: Blocks 485, 490, 492, 508 and 509 located with Plat Unit 12; Tract A located within Plat Unit 14, Block 189 and 188 located within Plat Unit 6; and Blocks 185, 186 and 187 located with Plat Unit 8. The linear distance of the C.R. 512 arterial is approximately ten thousand (10,000) linear feet or 1.89 miles, The district includes approximately two hundred fifteen (215) platted lots of record, eleven (11) dedicated roadways intersecting with C.R. 512, and two (2) dedicated alleys intersecting with C.R. 512. Along the ten thousand (10,000) feet of CR-512 the existing platted lands yield a potential for two hundred twenty-eight (228) total curb cuts into C.R. 512, an average of one curb cut for every forty-four (44) feet of road frontage. 2. Traffic impacts along C.R. 512 corridor. The purpose and intent of the C-512 district is to provide a well planned and equitaable growth management policy for directing future development within the impact corridor of the C-512 district aboundaries above defined. The existing pattern of development without such regulation violates accepted principles and practices of traffic enagineering, count road policies and standards, and adversely impacts the safety, welfare and convenience of the motoring public. This statement acknowledges the fact that C.R. 512 is identified as an arterial highway on the major thoroughfare plans of both the City of Sebastian and Indian River County. Both acknowledge the fact that C.R. 512 is a major regional transportation facility linking U.S. 1 and 1-95 and also linking the cities of Sebastian and Fellsmere with Indian River County and the City of Vero Beach urban areas to the south. Page 2 3. Plan for off-street parking and controlled curb cuts. The purpose and intent of the C-512 district is also to restrict the location of curb cuts within the district, require compliance with a master plan for parking and curb cut control, and regulate the timing and intensity of land development in order to alleviate potential traffic congestion along the C.R. 512 corridor. Although land within this district is at present relatively undeveloped, if the regulations prescribed herein were not duly adopted, future development within this district would generate unsafe and dangerous conflicts in traffic flow along C.R. 512. B. Permitted uses. In this district as a permitted use a building or premises may be used only for the below stated uses. All applicable provisions of this code shall be satisfied including site plan review and performance criteria. Permitted uses: Limited commercial activities, general retail sales and services, cultural or civic activities, places of worship, public or private not-for-profit administrative services, public or not-for-profit clubs, business and professional offices, medicial, plant nurseries, restaurants (excluding drive-in), trade and skilled services, enclosed commercial amusements (without alcohol beverages) and accessory uses. C. Conditional uses. In this district as a conditional use a building or premises may be used for only the following conditional uses upon compliance with applicable conditions stated in Article VI and all other applicable provisions of this code, including site plan review and performance criteria. The planning and zoning commission shall ascertain if such conditions and provisions are satisfied. Appeal of such decisions shall be heard by the city council. Conditional uses: Public protective and emergency services, model homes, gasoline sales, public and private utilities, public parks and recreation areas, child care facilities, hotels and motels with kitchen facilities in units, transient quarters with kitchen ,facilities, veterinary medical services, and accessory uses. D. Size and dimension criteria: Minimum lot size: none; except twenty thousand (20,000) square feet for new subdivisions approved subsequent to the adoption of this ordinance. 2. Minimum lot width: none; except one hundred twenty five Page 3 (125) feet for new subdivisions approved subsequent to the adoption of this ordinance. Minimum lot depth: none; except one hundred sixty feet (160) for new subdivisions approved subsequent to the adoption of this ordinance. 4. Maximum height: 35 feet 5. Minimum setbacks: (a) Front yard: abutting CR-512: 74 feet (b) All other front yards: 10 feet (c) Side yard: None if the building is built to the side property line(s); otherwise a minimum of 10 feet. (d) Rear yard: 10 feet. 6. Maximum building coverage: 35 percent. Minimum open space (pervious surface): 20 percent. Rear yard landscape requirements: A rear yard buffer strip shall be required pursuant to subsection 20A- 10-2(F) in order to provide satisfactory screening of the district from abutting residentially zoned property. E. Unified control of land. Ail development proposals having C-512 designation must demonstrate that all land within the project is held under common ownership whether the proposal is submitted by an individual, a partnership or corporation. F. Mandatory compliance with master parking and curb cut control plan (MPCCCP). The MPCCCP defined in subsection 20A- 3.8A(A) is hereaby adopted by reference and shall apply to all developments within the C-512 district (see Appendix B). G. Expansion of uses to adjacent lot(s). An existing permitted land use within the C-512 district may be expanded to an adjacent lot or lots of less than one hundred twenty (120) feet width providing that the following conditions are met and the site plan for the expansion is approved by the planning and zoning commissionf: The subject lot or lots shall be under unified control with the adjoining suabject developed properties pursuant to subsection 20A-3.8A(E); Page 4 Ail such extensions must be constructed as a contiguous extension to an existing structure on the adjoining lot. The proposed development shall comply with all codes and ordinances of the City of Sebastian and reasonable conditions affixed to the site plan by the planning and zoning commission and/or the city council. H. Compatibility of building lines. No principal structure with the C-512 district shall be set back more than eighty- four (84) feet from the front property line in order to ensure a uniform pattern of development along the C.R. 512 corridor. Add Section 20A-6.1 (C)(19)(b)(12): With respect to model homes in the C-512 zoning districts, conditions 3, 5, 6, 7, and 8 may be waived, only if a structure is built on the lot as a commercial building to accommodate an office with a minimum of 5 parking stalls and the model home structures are placed with a permanent foundation but, must be removed once the property ceases to be used as a model center. BC?gk C512.doc City of Sebastian POST OFFICE BOX 780127 a SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: RSNE' G. VANDEVOORDE, APPLICANT Approved For submittal By: City Manager ~ Agenda NO. Z ~D. /53 Dept. Origin Planning._& ZonJn.q C~.',~on Date Submitted For Agenda Of Exhibits: 6/~./90 6/13/90 Applicants application Memo dated 5/29/90 from Linda Kinchen EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Planning & Zoning Commission has recommended approval of a zoning and land use amendment for the propertu located at the southeast corner of 1st Street and U.S. #1, (old fire station). RECOMMENDED ACTION Move to tentatively approve the petition for rezoning and land use for Rene' VanDe¥oorde and direct the City Attorney to draft the necessary ordinance amendments. /53 City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 DAZE': TO: FROH; -HAY 29, 1990 MAYOR AND CITY COUNCIL LINDA KINCHEN ~ ADMINISTRATIVE AssISTANT THROUGH: BRUCE COOPER DIRECTOR OF COMMUNITY DEVELOPMENT RE: ZONING AND LAND USE CHANGE - US HIGHWAY #1 PLEASE BE ADVISED THAT AT THEIR REGULAR MEETING HELD ON MAY 17, 1990 THE PLANNING AND ZONING COMMISSION HELD A PUBLIC HEARING ON THE ABOVE MATTER AND MADE THE FOLLOWING RECOMMENDATION- A MOTION TO RECOMMEND APPROVAL OF THE LAND USE CHANGE FROM CL TO CG FOR THE PROPERTY KNOWN AS THE OLD FIRE STATION PROPERTY ON US HIGHWAY #1. THE MOTION PASSED BY A VOTE OF FOUR TO THREE. A MOTION TO RECOMMEND APPROVAL OF THE ZONING CHANGE FROM C[ TO CG FOR THE SAME DESCRIBED pROPERTY WAS ALSO MADE AND PASSED BY THE SAME FOUR TO THREE VOTE. SHOULD YOU REQUIRE ANY FURTHER iNFORMATION ON THIS MATTER, PLEASE FEEL FREE TO CONTACT ME, LK/LK City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978. TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT= Police Station site Approved For Submittal By: city Manager ~/~ gond, 171'1¢'5 Dept. of Origin City Council (Mr. Powell) Date Submitted= 06/05/90 For Agenda Of: 06/13/90 Exhibits= - Conyers Memo of 6/5/90 - Conyers Letter of 6/1/90 - Sebastian General Partnership, BFT Letter of 6/5/90 - Stottler Stagg Site Selection Report of 3/1/89/ - Miscellaneous Citizens Letters EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED= SUMNARY STATEMENT Councilman Lonnie Powell, at the Regular Meeting of May 23, 1990, asked that the selection of a police station site be placed on the June 13, 1990 Regular Meeting Agenda. For your information I have copied the above noted exhibits. RECOMMENDED ACTION Select 'a building site for a new police station for the Police Department. City of Sebastian POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 DATE: TO: FROM: RE: M MORANDUM June 5, 1990 Sebastian city Council W. E. Conyers, Mayor~/~-~ Police Station site In light of the controversy surrounding the Chesser's Gap site, I am backing the City Hall site at the intersection of Main and Cross Streets. Here's why: ~: The City owns the property - of the 8.8. acres at City Hall Complex, at least 3 acres are available. The Site is a corner lot at Main and Cross Street. A corner lot provides two points of access. The site was rated 92 in the Stottler Stagg report. Public Services (P.S.) Zoning of the site permits its use as a police station. Only the site plan requires approval by the P & Z Commission. The site is easily accessible - near US #1 and future Gibson Street connection. Disa~va~taaes~ The only real disadvantage is that the property is currently leased to the Little League Association. While the remaining time on the lease is approximately 15years, the City Manager is negotiating with the Little League Association to vacate the lease and relocate the Little League program to the new Barber Street Sports Complex. ~ Not Chesser's Gap? While we sincerely appreciate the generosity of Sebastian General Partnership, BFT, the donated land has divided our community. A new police station is too important a project to get bogged down in a controversy that would slow down progress. We need to move forward in building this sorely needed police station. ~"/~ /jmt City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 June 1, 1990 Dr. Fischer Fischer & Sons P.O. Box 68 Sebastian, Fi. 32978 Dear Dr. Fischer: First, I want to thank you and your partners for trying to help the community. You probably know that I have been getting a lot of pressure on where to put the Police Station. Your statement concerning taking back the donated land was in all of our best interest. Your company doesn't need this type of publicity and neither does the city. I thank you for the good things Fischer & Sons has done for this city. I will now back the Main Street and City Hall sites in hopes of a quieter and gentler city. Sincerely, . E. C~yers Mayor WEC: j s Sebastian General Partnership, B.F.T. P. O. Box 780068 * Sebastian, Florida 32978-0068 · 589-8088 June 5, 1990 Mr. Robb McClary City of Sebastian P.O. Box 780127 Sebastian, FL 32978-0127 TO WHOM IT MAY CONCERN: Due to the ever increasing amount of bickering among the different factions within the City of Sebastian, Sebastian General Partnership, B.F.T. would like to state that it is immaterial to them as to where the police station is finally located. We would like to further state we would graciously ! withdraw our offer of the parcel of land at Chesser s Gap at any time, releasing the City of Sebastian of any obligations or commitments regarding this piece of property. ~oTn Bargas, ~ ~astian General Partnership, B.F.T. Henry A. Fischer, Sebastian General Partnership, B.F.T. Stottler Stagg & Associates Architects Engineers Planners Inc. Florida Maryland 'l'exa~ 8660 Astronat~t E~o[Jlevard Cape Canaveral Florida 329~0 (407) 783-1320 'l'elex: 510-958-2360 $$1 CAVL Fax: 407 783-706,5 March 1, 1989 Mr. Robert McClary City Manager Cily ot Sebaslian P.O. Box 780127 Sebasllan, FL 32978-0127 RE: Sebastian Police Station Site Evaluations SSA #88065-2 Dear Mr. McClary: Pursuant Io Ihe agreemenl belween lhe City ot Sebaslian and Slolller Stagg & Assoclales, Phase I1, Sile Invesligalion and Analysis, the allached Is Ionvarded tor consideralion. The report is based on site vlsil and evalualion ot sevenleen (17) siles presenled by Police Chief Petty and Mr. Bruce Cooper plus an addilional sile previously presenled by former Mayor Harris. The primary considerations for evalualion Included size, Iocalion, accessibilily and cost. Utility services were also a conslderalion, however, polable waler and electric service could be supplied Io virtually any sile and al present, Ihe use ol septic tanks lot sanilary service would be required. Very truly yours, STOTTLER STAGG & ASSOCIATES Archilects, Engineers, Planners, Inc. ~. C~owell, AICP Senior Vice Presldenl RFC:ils SEBASTIAN POLICE STATION SITE EVALUATION REPORT The following evaluations are based on sile visits, discussions with appropriale oflicials and criteria presented via lelter ot January 12, 1989 to Chief Petty, copy altached. The evaluated sites are presented in Ihls repod in lhree categories: Iocalion, size and cost. The numerical designations are as presented by Chlet Pelty in his lelter ot January 30, 19B9 and depicted on lhe allached maps, The numerical designations do not represent site prelerences. Catego~/1, Locatlonal Criteria The lollowing sites are not recommended lot lurther corlsideralion due to iocalional criteria as described. Site 3: Localed in lhe southeast corner of the Sebastian Municipal Golt Course and accessible only through a signilicant residential area. The site could be utilized without impacting the goll course but its location would require heavy use ol residential streets tor access to the south and wesl and Its proximity Io lhe airport may presenl communlcalion problems. Sile 4: Localed on Ihe west side ol U.S. Route 1, opposite an existing cemetery and north ol the city core area, Ihis site is considered to be too tar removed lrom the primary residential community lo Ihe south and west. Site 12: Located on Barber Street, south ol Ihe Recreation Complex and Fire Slatlon, Ihls site is not considered viable due lo its iocalion tn the extreme soulh weslern portion of lhe city and in a residential area. Site 13: Located on U.S. Route i in the exlreme soulheaslerly portion ol Ihe city, this site Is not considered as a viable candidale. Site 14: Located on Roseland Road in the extreme northwesterly portion ot lhe cily, lhis site is not considered as a viable candidate. -1- Site 18: Located to the soulh of the existing Post Oflice, this site In addition to being too small and wllhoul an exlsling slreel access, would have accessibility problems relative 1o a single access. Category 2, Size and Physical Constraints The tollowlng sites are nol recommended tor turlher conslderalion due 1o physical slle conslraints ol size or developable area. Site 1: Localed on the north side of CR 512 and wesl ol Louisiana Avenue, visual Inspecllon Indicaled lhal Ihe site contains a very large pond and Iltlle developable land area. Site 7: Localed on U.S. Route 1 and Main Street, lhe City owned site presenlly contains lhe exisllr Police Facilities, lhe Library and a Park. The enllra land area bounded by U.S. Route 1, Main Slreel and Riverside Drive conlains less than one (1) acre. Halt of the site Is reserve[ lot Ihe park which the City is obligated Io retain as a park. Additionally, considerations of renovating Ihe existing library building of 2,346 square feel and utilizing Ihe existing lemporary facility of 2800 square feel would only provide a Iolal of 5226 square teat which is inadequale io meal todays requirements. Fudher, the site can n, provide Ior parking area for either police or public vehicles and such a use conllguous to ar active children's park is nol considered acceptable, Site 18: Located soulh ol the Posl OIiice, Ihls site due to Ils single access Is considered Ioo small, two (2) acres, In addition lo Category 1 comments. Category 3, Site Acquisition Costs The following sites may have to be eliminated from consideration due to potenlially high acquisition cosl,~ In addition Io Calegory 1 considerations. Sites tdenlffted by * could remain as viable candidates based o aceeplable acquisition costs. Site 4: Located on U.S. Route 1, opposite an existing cemetery and norlh of the City Center. -2- 'Sile 6: 'Site 8: *Site 9: *Site 10: 'Site 11: Localed on Main Streel, wesl ol Ihe Post Ollice. Localed on Ihe wesl side ot U.S. Roule 1, nodh ot Ihe Clly Center. Localed on lhe east side of U.S. Roule 1 between Coolidge and Fellsmere, Ihls site is probably one ot Ihe most desirable commercial sites In the cily. Located on the soulh side of CR 512, opposite Louisiana Avenue. Localed within a proposed Planned Unit Developmenl on CR 512 at lhe Inlersecllon with Vocelle Avenue. Site 13: Located on U.S Route 1 In the extreme southeasterly podion ot Ihe City. *Site 15: Located on Ihe west side of U.S. Roule 1, opposite Marlin Avenue, portions ol which have been acquired Ior the tuture construclion of the westbound leg of CR 512. *Site 16: Located on Main Street direclly opposite the City Hall Complex. Site 17: Located on Ihe soulh side o! CR 512 near Ihe site of Ihe new North County Library. The two remaining sites, 2 and 5, have been determined lo meet all category requirements with only minor qualilicalions. Descriptions of Ihese sites and Ihelr potenllals/qualillcallons are as Iollows: Site 5: Located in lhe easterly podion ol lhe City Hall complex and easl ol Ihe Ambulance Squad tacllily, a portion ot Ihe site Is presenlly utilized by the Litlle League Baseball Park. This site oilers acceptable size, betler Ihan average location an'd Is city owned. The single qualilicallon relates lo the polenlial to relocale Ihe Lillle League field to Ihe Barber Street Recreallon Complex. II would appear lhat without relocallon of lhls lacility lurlher consideration of Ihis slle would be diminished. -3- Site 2: Located nodh of CR 512 and wesl of Louisiana Avenue, this cily owned 3.5+ acre site Is presently used lor City vehicle maintenance, storage and tueling. AIIhough lhe present access Is from Louisiana Avenue, a very narrow street, present Indian River County plans pmvlde for conslmclion of a one-way pair system lot CR $12 utilizing Ihe exisllng section tor the easlbound leg and Ihe abandoned Trans Florida RR righl-ol-way Ior lhe weslbound leg. This site meels all crilerla with Ihe simple qualificalion of completion of the CR 512 project. According Io the County's Public Works Dlreclor and their consultants, Lloyd & Associates, conslmclion should coincide wllh any plans lo conslmcl a new police facility. An opporlunlly exisls lo develop Ihls under/ulilized sile tor nol only a new police lacilily bul also an upgraded vehicle mainlenance lacllily, Recommendations Slotller Slagg & Assoclales, Archilects, Engineers, Planners, Inc. (SSA) recommends Sile 2 as lhe primary candidale for the new police lacllily. A conceptual site plan Is attached which delineates the proposed facility and Incoq:torales Ihe potential tot revitalization of the Vehicle Maintenance yard area. -4- 14 $CAI. E MILE 'i LEGEND C-2 Arterlll (four lanes) Artertll (two lines) HaJor Collector (two lines) Hlnor Collector (two lineS) ---- FEC Railroad -tlm, City Boundary \\ IL · II I II III ILl J I I SITE LOCATION SIZE ACCESSIBILITY COST SCORE 1 1 3 1 3 8 2 1 1 1 1 4 3 3 1 3 1 8 4 2 1 2 3 8 5 1 1 2 1 5 6 1 1 2 3 7 7 2 3 1 1 7 8 2 1 2 3 8 9 1 1 1 3 6 10 1 1 1 3 6 11 2 1 2 3 8 12 3 1 3 1 8 13 3 1 3 3 10 14 3 1 3 3 10 15 1 1 1 3 6 16 1 1 2 3 7 17 2 1 2 3 8 18 3 3 3 3 12 1 -- GOOD 2 = ACCEPTABLE 3 = POOR -5- June 3, 1990 The Hon. ~,~ayor, Will Conyers and Members of the Sebastian City Council: We, the residents of Orange Heights Sub-Division, would like to make an amendment to our ~ay 21st petition. Upon careful consideration we have decided it would be in the best interest of Sebastian if our #1 choice of location for the new Sebastian Police Department be changed. We now agree the most feasible location wuuld be at the Sebastian City Hall location on ~ain Street. With a highway sign located on U.S.1, with an arrow pointing West, ehould ~afford an easy direction for the travelers passing thru our City. We would greatly appreciate your consideration for this change. Thank you. ~arie E. Y~raus, Treasurer 9o./¢ 5 M E M 0 TO: FROM: SUBJECT: DATE: Robb McClary, City Manager Kay O'Halloran, City Clerk Location of Police Station May 18, 1990 On May 11, 1990 there was letter in the Sebastian Sun asking the residents of the City of Sebastian to call with their opinions as to where the new Police Station should be located. The results are listed below: Do not use donated land: 1 - phone call- name of caller not given. Keep Police Station on U.S. #1: 7 - phone calls - names of callers who left names: Mr. McCool Mrm McCool Cecil Matthews Pat Firtion Mrs. Thornton 11 June 1,1990 Horst Muller P.O. Box 780834 Sebastian, Fla. 32978 Dear Sir: The land that we .have our library on would make a perfect police station, and the money spent for the road could be used to help hold down the cost of the building. We need a high visi- bility police station on U.S.1- where most of the problems are. Another suggestion, put it next to the Town Hall. Thank you for your time. Sincerly, Horst Muller ./93 June 1,1990 Etta Cherry P.O. Box 1094 Roseland, Fla, 32957 Dear Sirs or Madam: Living in Sebastian for several years and feel- ing so secure with the police station where it is now, my beleif is keep it where it is and b- uild on where the old library is. The road get- ting into the new place sounds like extra.exp-. ensive and unnessary. Thank you for your time. Sincerly, Etta L. Cherry We, the undersigned residents of and homeowners in the City or,Sebastian, Florida, ask the City Council to please con- trol our %ax dollars. Build the new police station on U. S. ~1, at Main Street or on the cemetery property on U. S. ~1, which parcels of property 'are now owned by the ~City. .~/ ADDRESS: ~,~ay._ ..21,. 1990 The_. Hon. ~'ia~or,..~i!l. Conyers ..... and..~ember_s of the Sebastian City Council:_ We,'-2he r~sidents of'th~ -o~ge Heigh~s-"-'-~'['Di~'~-~-~-~ of ........ Sebastian, would like. to go .on record for the.following: We request the ~']embers of the Sebasti~ City Co~cil to ........... consider the 'old -Libra~' location "on -~ain --S~ee~ 'and .................. Highway 1 as the ~l location for the proposed new Police ....................................... Stati-on",- ........ We-a~-~equ~t -~nsi-derati~-~~~~ owned piece of property West of Highway 1--across from t,~ ·, *S e ~s'tian----~me't ary -~-s -the -~ 2-'-cho-i~ e .-~ We. as. a,.. ~ouP,.. f~_e!_.._~ha~ _i.t .. is .impe~.~t~M~ .t..0 ...~o.ca~e__.~.h_e ................ Sebasti~ Police Dep~tmen~ on Rou~e 1. This is ~he most he avily ~mavel e ~_.. ~e a, pl~s ~h~ _ ~e.~. _t~hq~.~, a ,~p.9..~_c_~_.__~.~_~gn ............. should be in ~he most convienent location--bo~h for the P.~.S.q.i~g._th~..~aVel er.~ _.~d_. ~he..._. resident~ ..9_~._ We feel ~he consideration of the above chosen locations -~o---be- mome---f.e as-ih 1.e as ..---~ o --.c o s t-..-as-me 11 -.-as--~.h~r~ ~ em~i~ ................. where the needs are ~eatest. thought to o~ request. ~n~k you. -._.~._-~.' ..~-.._.~.'"~--~-~ ~. ~-~ ........................ Pre s i dent ~_.-~r~/.'__~_~/~5~~. .~~ .... ~ ......~ .~.,~~ _~. ........................... ...... ........ : ......... .................. ~_~:~_~ ;_~~ ~. ................ ~.~.~_ %¢~ ........ ~_: ........... ................... ~ ...,...._..........~ ,__.~~ ~_~.:.. ~ ~.~.. ~_~ ,~ ~ ~ ~'.-~~ .~_~._. ~ ~g,., ~ ,. .......... ~ w, .~ ,~~ ....... ~.~~ City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Pollce Station Architect city Manager Approved For Submittal By: ,,0-/ ?.5 Dept. of Origin city Manager Date Submitted: 06/06/90 For Agenda Of: 06/13/90 Exhibits: - Contract Between city & Architects Design Group EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUM/~...RY STATEMENT- The City has selected Architects Design Group, Inc. of Winter Park, Florida to design its new police station. The proposed contract has been reviewed by the City Attorney and incorporates all changes requested by him. The basic fee for the architect would be $6,000 for the schematic design phase and 7% of the total cost of construction for the basic architectural services outlined in the agreement. The schematic design phase would include two (2) designs; one with a maximum cost estimate of $500,000 and one that would satisfy the requirements of the program as established by the city. Additionally, Architects Design Group, Inc., will use Mosby & Associates of Vero Beach as a sub-consultant for the required site work and permitting for a total fee of $4,000. The architects have indicated that they are available to begin work on this project immediately. RECOMMENDED ACTION Move to approve the contract between the City of Sebastian and Architects Design Group, Inc. and to authorize the Mayor and city Clerk to sign the agreement in behalf of the city. H E A M E R I C A N N S T I T U T O F A R C H~ AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION .. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES,. CONSUL TA T/ON WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Forth Nineteen Hundred and NJ-neW day of June in the year of BETWEEN the Owner: (Name and address) City of Sebastian P.O. Box 780127 Sebastian, Florida 32978 and the Architect: (Name and address) Architects Design Group, Inc. P.O. Box 1210 Winter Park, Florida 32790 For the following Project: (Include detailed description of Project, location, addm. vs and scope.) Sebastian Police Station (Project location, address, and soope to be Location/address - by June 15, 1990 Scope (program) - prior to June 20, 1990 Design Phase Owner. determined as follows: as Dart of the (2.2 following) services Architect' s Schexnatic in conjunction with the The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, © 1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D,C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. Al& DOC~iIM~N'T B141 · OWNER-ARCHITECT AGREEMENT + FOURTEENTH EDITION · AIAe ~' ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1 ~87 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work, Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted a.~ the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the ProjecL Time limits established by this schedule approved by the Owner shall not, except for reasonable muse, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subiect to the time limitations contained in Subparagraph I 1.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- turai, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2,1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.~).2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5,2.1, 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.9.$ The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs, 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Proiect as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as .ql~:~l~3$a~ to llL:,~t bu:i_]a[l'in~ ~rll[I.i.t rec~irenmnts. 2.3.'2 THe ~,rchitect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the. Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project, 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous pretiminar3.' estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approvai of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE--ADMINiSTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, unless extended under the terms of Subparagraph 10.3.3, 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201. General Conditions of the Contract for Construction, current as of the date of thLs Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. AIA DO{~HT B141 * OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION * AIA® · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D,C. 20006 B141-1987 2 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unie.~ otherwise modified by written instrument. 2.6.$ The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in accor- dance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Serz,ice, as described in Paragraph 3.2.) ~.6.~ The Architect shall not have control over or charge of and shall not be responsible for construction mean.s, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carD' out the Work in accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. ~.~.? The Architect shall at all times have access to the Work wherever it is in preparation or progress. ~.~.$ Except as may otherwise be provided in the Contract Documents or when direct communications have been spe- cially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment. the Architect shall review and certif3.' the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Pay- ment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- tract Documents correctable prior to completion and to spe- cific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaus- tive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction mean.s, ods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.'1~ The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work is fabricated, installed or completed, However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other per- sons performing portions of the Work. 2.6.~2 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipmenl is required by the Contract Documents. the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment will meet the performance criteria required by the Con- tract Documents. ~.6.15 The Architect shall prepare Change Orders and Con- struction Change Directives, with supporting documentation and data if deemed necessary, by the Architect as provided in Subparagraphs 3.1.1 and 3.3,3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adiustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.'14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assem- bled b.x' the Contractor, and shall issue a final Certificate for Pay- ment upon compliance with the requirements of the Contract Documents. AIA DO~UMNT B141 * OWNER-ARCHITECT AGREEMENT ~, FOURTEENTH EDITION · AIA® ~' © 1987 ~ B1 4'~-'~ 9~*~ THI~ AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W,, WASHINGTON, D,C, 20006 2.6.15 'the Architect shall interpret and decide matters con- reining performmace of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor, The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be f'mal if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. 2,6.19 The Architect's decisions on clam~s, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement. in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall noti~' the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3,3 are not required, thc Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2,1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in car~'i ing out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Proiect Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the observations by such Project Represen- tativ.es, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3,1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary' by adjustments in the Owner's program or Proji ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner. .4 (~e N:c~e) 3.3.2 Providing services required because of significant changes in the Proiect including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives, 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.5 Providing services made necessar3.' by the default of the Contractor. by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.';' Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing. arbitration proceeding or legal proceeding except where the Architect is part), thereto, 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Proiect. 3.4.2 Providing financial feasibility or other special studies, 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. AiA DOCUMENT B141 · OWNER-ARCHITECT AGR~EMEI~I~ * FOURTEENTH EDITION ~' AIA® * © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON. D,C, 20006 B141-1987 4 ~ ARTICLE 5 CONSTRUCTION COST 5.1 DEFINiTION 5.1.1 The Construction Cost shall be thc total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. $.1.'~) The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit, In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. $.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land. rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminacy estimates of Construction Cost and detailed estimates of Con- struction Cost, if any. prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No £txed la'nit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fLxed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit, Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction, 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 clays after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry, between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought, 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such ftxed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5,2.4,4, the Architect, without additional charge, shall modify the Con~ tract Documents as necessary to comply with the f'ixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's sera'ice for use solely with respect to this Proiect and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupanc3' of the Project. The Archi- tect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Proiect by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 5.2 Submission or distribution of documents to meet official regulator~' requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Clmms, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subiect to and decided by arbi- tration in accordance with the Construction industD' Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. ?.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, )oinder or in any other manner, an additional person or entity not a party to this Agreement, AIA ~)CUaa~NT B'141 · O~NER.ARCHrI'~CT AGREEML~IT · FOU~TEE3CTH EDITION · .'~LA® ' ©t~87 B141-1987 6 except by written consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension.xxxxx - xxXxxxxxxxxxxxxxxXxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner fails to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner. suspend performance of ser- vices under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice, In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.8 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Semices, and include expenses which are directly attributable to termination. Termination Expenses shall be col~puted as a percentage of the total compensation for Basic Services and Additional Semices earned to the time of ter- mination, as follows: .1 Twenty percent of the total compensation for Basic and Additional Services earned to date if termination occurs before or during the predesign, site analysis, or Schematic Design Phases: or .2 Ten percent of thc total compensation for Basic and Additional Services earned to date if temaination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services em'ned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9,1 Unless otherwise provided, this Agreement shall be gov- emed by the law of the principal place of business of the Architect. 8.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Ag~ement. 9.3 Causes of action between the parties to this ~ent pertaining to acts or failures to act shall be deemed.to have accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com- pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require s~milar waivers from their contractors, consultants and agents. 8.5 The'Ow~er and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other part)' to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other part)' with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written con- sent of the other. 9.5 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.? Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discoveoh presence, handling, removal or disposal of or expo- sure of persons to hazardous materials in an), form at the Project site. including but not limited to asbestos, asbestos products, polychlom'tated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietar).' information if the Owner has previously advised the Architect in writing of AlS. DOCUMENT B141 ~' OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION * A1A® ' ©1987 7 B141.1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged On the Project and the portion of the cost of their mandatOry and customary con- tributions and benefits related thereto, such as employment taxes and other statutory, employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits, 10,2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project: expenses in connection with authorized out-of~town travel; long-distance communications: and fees paid for secur- ing approval of authorities having jurisdiction over the Proiect, 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner, 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the mtnirnum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered dunng the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Pro)ect are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary, estimate of Construction Cost or detailed esttmate of Construction Cost for such por- tions of the Proiect. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WiTHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- tinning to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of ~ro Dollars ($0 · 00) shall be made upon execution of this Agreement and credited to the Owner's account at £tnal payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert Oasis of compensation, including stipulated sums, multiples or percentaRes, an~ identify pOases to u'bicb particular metl~d.¢ of comtn'n-~atton apply, if necessary,] Schematic Design Phase: Fixed fee of Six Thousand Dollars ($6,000.00) Balance of Basic Services per Article 2: Seven percent (7%) of total cost of construction. Al& I~:~UMElCr B141 * OWNER.ARCHITECT AGREEMENT · FOURTEEN'rH EDITION · MAe * ©1987 THE AMERICAN INSTITUTE OF Al: :HITECTS. 1 '735 NEW YORK AVENUE, N.W,, X~/ASHINGTON, D,C, 20006 B141.1987 8 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Design Development Phase; Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: Th.i.r~ percent (:30 %) Forty-five percent (45 %) Five percent ( 5 %) Twenty percent (20 %) Total Basic Compensation: one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com* puted as follows: The Architect shall be compensated at a multiple of three (3.0) times the Direct Personel Expense of the Project Representative selected by the Architect and '- approved by the Owner. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT. a.s described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3,2, and (2) services included in Article 12 as part of Additional Services, but excluding ser- vices of consultants, compensation shall be computed as follows: (Insert ba$i.¢ of compe~tsation, including rates and/or multiple.~ of Direct Personnel F_x'pense JOr Principals and emplqvees, and ident~,, I:'r~ncipals and cla.vsify emplo)~es, tf required ldentifr specific sero.tees to u,Dich particular methods of coml~,n.~ation apply, i/necessaO..) The Architect shall be compensated for any and all Additional Services ~rk, as r~uired by written authorization from the Owner, at the hourly rate for the Principal or employee as outlined in the attached hourly rate schedule, Exhibit A. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one point ~ ( 1.25 ) times the amounts billed to the Architect for such sen'ices. (/dent(fy specific types of consultants in Article I2, if required,) 11.4 REIMBURSABLE EXPENSES 11.4,1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10,2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one ~C)~'qt ~ ( ~]. 25 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Six~=~m ( ']6 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.$.2 Payments are due and payable ' ' ~ pursuant to relevant State law. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulation~ at the Ou~urr'$ and .4 rehi- tect '$ principal places of bus~ness, the location of the Project and elsewhere may affect tim validity of this provision. Specific legal advice should be obtained Wttb respect to d~letions or modifications, and also regarding requirements such as u~'itten disclosures or u,att,ers,9 AIA DOCUMENT B141 · OWNER-ARCHiTECT AGREEMENT · FOURTEENTH EDITION * AIA® · ©1987 9 B141-1~7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C+ 20006 1.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (l~t.~'t tM.~crtpt~ons of otl~r SFt'ViCe$, identify Additional S~'tces included u,itDtn Baste Com~tton a~ mcdift~tto~ to t~ paym~tt and core.alton t~s t~ tn tb~ ~t.) 12.1 ~sic ~~s ~ ~scri~d ~ ~c~ 2.2 s~ll ~cl~ ~ ~si~s: 12.1.1 A facility ~ a ~ p~le ~st es~ of Fi~ H~ ~~d ~ll~s ($500,000.00) , ~d; 12.1.2 A facility ~t ~11 sa~s~ ~ ~~ of ~ p~ as es~lis~d ~ ~ ~ty ~d ~ ~~ct at ~ ~~g of ~s P~. 12.2 ~ P~ject S~d~e, ~cl~d as ~it B, ~11 ~ ~s ~ ~d s~ll ~d on ~ s~ ~ of J~e 14, 1990 ~d ~ app~l ~d ~c~on of ~cil on ~ p~ p~~on ~s as ~ca~. '. 12.3 12.4 Interior Design Services, if required and approved by the City, shall be performed by Architectural Interiors Group, Inc.. The Architect shall be cc~pensated as provided for in paragraph 11.3.3 of this Agreement. Civil Engineering Services shall be provided by Mosby and Associates of Vero Beach, Florida under a seperate oontract with the Architect for a total fee of $4,000. 12.4.1 The Architect shall be compensa~ as provided for in paragraph 11.3.2, for coordination time only, as required to inClude the Civil Engineers work in the Oonstruction Documents. This Agreement entered into as of the day and ycar first written above. OWNER ARCHITECT (Signature) W.E. Cony~rs, May?r _. I.S.K. Beew~s, Vi President. (l~rint~ ~me a~ title) {~inted ~me and tttlej A~ ~ B141 · O~ER-ARCHITECT AGREEMENT * FOURTEENTH EDITION * AIA~ * ~ 198- THE ~ERIC~ iNSTITUTE OF ARCHITECTS, ] ~35 NEW YORK AVENUE, N.~'., ~'ASHINGTON, D.C. 2~X~ B141-1987 10 EXHIBIT "A" HOURLY RATES Hourly Rates (Effective 1/90) are established as follows: ARCHITECT DESIGN GROUP, INC. Principals .. · Design Studio'~~'~i~~ ~~~~ Associates ......................................... Designers ......... Project Architects 2~22~2~2~2~2~2~2~ Senior Draftsperson ................................ Draftsperson I ..................................... Draftsperson II .................................... Draftsperson III ................................... Computer Supervisor ................................ Computer Draftsperson I ............................ Computer Draftsperson II ........................... Specification Writer ................................ Construction Administrators ........................ Construction Observer ............................... Clerical Staff ..................................... $ 1 1 25.00/hr. 00.00;hr. 72.00;hr. 68.00/hr. 65.00/hr. 42.00;hr. 37.004hr. 32.00/hr. 22.00/hr. 65.00/hr. 52.00/hr. 48.00/hr. 54.00/hr. 58.00/hr. 48.00/hr. 19.00/hr. ARCHITECTURAL INTERIORS GROUP, INC. Interior Design Principal .......................... Interior Design Draftsperson ! ..................... Interior Design Draftsperson II .................... Interior Design Specification Writer ............... Clerical Staff ..................................... 65.00/hr. 36.00/hr. 28.00/hr. 38.00/hr. 19.00/hr. GREEN APPLE PUBLISHING CO. Graphic Designers .................................. Clerical Staff ..................................... 28.00/hr. 19.00/hr. EXHIBIT B: SCHEDULE o Notice to proceed o Schematic Design Presentation, City Review and Approval o Design Development Presentation, City Review and Approval o Completion of Construction Documents o Bid Opening June 14th July llth August 1st September 17th October 9th City of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 SUBJECT: Award Bid for Main Street/Gibsor~ Street and City Hall Parking lot~ ) ) Approved For Submittal By: City Manager ~~ .o. Dept. Origin Finance CAW/q) ) Date Submitted 6/7/90 ) ) For Agenda Of _~/13/90 ) ) Exhibits: Memo frclmCE ) Bid Tabulation Sheet ) M~mo from Mosby & Assciates ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Five timely, responsive, and reasoDahle bids were received for the Main Street realignment, Gibson Street extension, and the West and East parking lots. The low bidder, Ft. Pierce Contracting Corporation, was found to be qualified and capable of doing the contract in a workmanlike manner. The base bid for Main St./Gibson St. came in scme $11,000.00 under the Engineer's estimate. Adequate funds are available .and b~dgeted in the .County Option C~s Tax Fund 9602. A~equate funds are available for the parking lots in the Capital Projects Fund 9002 pending approval by City Council of a forthouming budget amendment. RECOMMENDED ACTION Staff is r~ing acceptance of the low bid, awarding the contract subject to a "notice to proceed", and authorizing the Mayor and the City Clerk to sign the contract awarding the bid. The low. bidder is Ft. Pierce Contracting Corporation, and the amount is $182,802.75. City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MEMO DATE: TO: FROM: RE: 7 JUNE I 990 ROBERT S. McCLARY, CITY MANAGER DAVE FISHER, iNTERIM CITY ENG~'~ RECOMMENDATION TO AWARD CONTRACT FOR REALIGNMENT OF MAIN STREET, EXTENSION OF GIBSON STREET, AND IMPROVEMENTS TO CITY HALL PARKING LOT TO: . FT. PIERCE CONTRACTING CORP. This to formally confirm my agreement with the letter to City Manager McClary from Mosby & Associates dated 6 June 90 regarding the subject bid award recommendation. I herewith recommend award of this contract, subject to any further necessary clarifications or changes and to subsequent issuance of a formal "Notice to Proceed", to Ft. Pierce Contracting Corp., in accordance with their timely and responsive bid of 4 June 1990. June 6, 1990 MOSBY AND ASSOCIATES, INC. CONSULTING ENGINEERS 1507 20TH STREET P.O. BOX 6368 VERO BEACH, FLORIDA 32961 407-569-0035 Mr. Rob McClary City Manager City of Sebastian P.O. Box 780127 Sebastian, Florida 32978 Subject: Main St. Realignment/Gibson St. Extension City Hall East and West Parking Lots Sebastian, Florida Engineer's Project Numbers 90-152, 90-221, 90-266 Dear Mr. McClary: On June 4, 1990, the City of Sebastian received construction bids for the subject project. The bids received were as follows: 1. Ft. Pierce Contracting Corp. 2. Dickerson Florida, Inc. 3. Dennis L. Smith 4. Jobear, Inc. 5. MacAsphalt, Inc. $182,802.75 $186,682.82 $206,351.75 $218,852.60 $228,389.09 We have reviewed all the bids for proper extension and find all bids to be correct and responsive. Based on the low bid of Ft. Pierce Con- tracting Corp. and knowledge of their ability to perform the required work, we recommend the award of the contract for this project to Ft. Pierce Contracting Corp. The bid of Ft. Pierce Contracting Corp. was broken down as follows: 1. Main St. Realignment/Gibson St. Extension 2. West Parking Lot 3. East Parking Lot $145,759.50 $ 13,754.00 $ 23,289.25 TOTAL $182,802.75 As requested and based on our roadway quantity take-off for the bid item, Main St. Realignment/Gibson St. Extension, the bid amount of $145,759.50 is porportioned as follows: 1. Main St. Realignment 2. Gibson St. Extension $123,895.58 $ 21,863.92 Mr. Rob McClary June 6, 1990 Page 2 we understand that the above breakdown will be used in the allocation of funds with Mr. Julian and this letter shall serve as certification that the above breakdown is accurate and correct. Should you require further information or clarification, please call. Ve~~u ours, . RLM: cd cc: Mr. Dave Fisher City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT= Main Street Project ) Agenda No. Post office Parking Lot) Approved For Submittal By: City Manager ~~' ) Dept. of Origin City Manager ) ) ) Date Submitted= 06/06/90 ) ) For Agenda Of= 06/13/90 ) ) Exhibits: ) ) ) ) ) ) EXPENDITURE REQUIRED= AMOUNT BUDGETED: APPROPRIATION REQUIRED= SUMMARY STATEMENT The construction of the Main Street realignment project will require that the dirveway approaches to the United States Post Office be modified. Staff has met with various officals of the United States Postal Service and have recommended to them that they take this opportunity to improve the traffic flow through their parking lot and thereby improve pedestrian and vehicle safety. On June 6th, I met with Mr. Antonio E. Regojo, P.E. who is the Program Manager for Design and Construction of the Tampa facility service office of the United States Postal Service. Mr. Regojo suggested that the work to the post office parking lot could be done as a change order for both engineering and construction of the Main Street Project. This would be a cost effective way for the post office to have these improvements done. It would be in everyones best interest that the parking lot improvements at the post office be done at the same time and by the same contractor for the Main Street realignment project. In effect, the U.S. Postal Service would contract with the City to pay for 100% of the improvements on post office property. (The driveway approaches within the city right-of-way are to be paid for by the City). The city would then issue change orders to the engineer and contractor to include this work. This change order would be subject to the city's receipt of a letter of commitment from the controlling officer of the U.S. Postal Service. RECOMMENDED ~CTION Authorize the City Manager to issue change orders to the engineer and contractor of the Main Street realignment project for improvements to the parking lot of the United States Postal Service subject to a letter of commitment from the United States Postal Service to pay for 100% of the improvements on post office property. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Airport Director Approved For Submittal By: City Manager ) Agenda No. ~./~--~ ) ) Dept. of Origin: city Manager ) ) Date Submitted: ) ) For Agenda Of: ) ) Exhibits: - ) ) ) 06/05/90 06/13/90 Resolution R-90-20 EXPENDITURE REQUIRED: AMOUNT BUDGETED: ~PPROPRI~TION REQUIRED: SUMMARY STATEME~ Ordinance No. 0-90-02 is scheduled for public hearing and final action on June 13, 1990. This ordinance would, among other things, remove any reference to the position of Airport Director from the code of ordinances. Should this ordinance be adopted by the city Council, Resolution R-90-20 should be adopted to delete any reference to Airport Director in the Standard Operating Procedures (SOP's). RECOMMENDED ACTION Move to adopt Resolution No. R-90-20. RESOLUTION NO.: R-90-20 A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, DELETING THE JOB DESCRIPTION FOR THE OFFICE OF AIRPORT DIRECTOR; DIRECTING THE CITY CLERK TO DELETE THE JOB DESCRIPTION FOR AIRPORT DIRECTOR FROM THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the passage of Ordinance No. 0-90-02 by the City Council of the City of Sebastian, removed the reference of the position of Airport Director from the Code of Ordinances of the City of Sebastian. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. DELETION. The job description for the office of Airport Director is hereby deleted. Section 2. CITY CLERK. The City Clerk is hereby directed to remove the job description for the office of Airport Director from the City of Sebastian Standard Operating Procedures. Section 3. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith, including Resolution No. R-89- 26, are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intendto~ enact such invalid or unconstitutional provision, it shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution 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 W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of .... , 1990. CITY OF SEBASTIAN, FLORIDA ATTEST: By: W. E. Conyers, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Charles Ian Nash, City Attorney City of Sebastian POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32918 TELEPHONE (407) $89-S330 FAX 407-589-5570 SUBJECT:' AUDIT: FISCAL YEAR '90 Approved For Submittal By: City Manager ~~" Agenda No. Dept. Origin Date Submitted For Agenda Of FINkNCE (cc) 614/90 ___ 6/13/90 Exhibits: Engag~m~nnt Letter from Dobson, Bjerning, Duffey & Rosenfield EXPENDITURE AMOUNT REQUIRED: $25,700 for fiscal BUDGETED: ' 91 Budget APPROPRIATION REQUIRED: SUMMARY STATEMENT The attached engag~nent letter is a three (3) year agreement for the firm of Dobson, Bjerning, Duffey & Rosenfield to perform the Audit for the City of Sebastian. It sets forth the fee for the fiscal year '90 audit. The following tw~ (2) years will be negotiated each year. The amount of $25,700 (which include General Fund, Golf Course & Airport) is a $2,000 increase over the fiscal year just audited. RECOMMENDED ACTION Move that the engagement letter from Dobson, Bjerning, Duffey & Rosenfield for the Audit of fiscal years 1990,91 and 92 with the fee for fiscal year 1990 being $25,700 be approved. DOBSON BJERNING DUFFEY & ROSENFIELD CERTIFIED PUBLIC ACCOUNTANTS SUNTREE OFFICE: 676'7 NORTH WICKHAM ROAD SurT[ 500 MEL.~OURNE FLORIDA 32940 (407) 25.5-0088 FAX (407) 259,~64,~ TITUSVILLE OFFICE: 754 COUNTRY CLUB D~IVE Tn'u~V~LLF_ FLORIDA ,32780 (407) 269-295.5 FAX (407) 264-2109 May 24, 1990 Mr. Robert McClary City Manager City of Sebastian P.O. Box 780127 Sebastian, Florida 32978 Dear Rob: Enclosed are two copies of our engagement letter for the audit of the City of Sebastian. The proposed agreement is for three years and includes our estimated fee for the 1990 fiscal year audit. Fees for 1991 and 1992 will be negotiated each fiscal year, as applicable. We appreciate your assistance in placing our engagement letter on the agenda for council approval as soon as possible. This enables us to plan staff work schedules and meet the necessary governmental continuing education requirements during the summer months. Also, interim audit work prior to September 30, 1990 is essential if we are to meet our objective of a January, 1991 audit report delivery date. If you have any questions, please call. Sincerely, DOBSON BJERNING DUFFF. Y & ,ROSENFIELD Marilyn P. Swichkow MPS:kp MEMBERS Of: Private COmPANieS PRactice SECtiON aiCPa DIVISION Of FIRMS ACCOUNTING FIRMS ASSOCIATED-NATIONAL GROUP AlLIOtt PIERSON-INTErNATIONAL GROUP DOBSON BJERNING DUFFEY & ROSENFIELD CERTIFIED PUBLIC ACCOUNTANTS SUN'FREE OFFICE: 6767 NORTH WICKHAM ROAD SUITE 500 MELBOURNE, FLORIDA 32940 (407) FAX (407) 259,-8648 TITUSVILLE OFFICE: 754 COUNI'R¥ CLUB DRIVE TITUSVI~ FLORIDA 32'780 (4O7) 269-2955 FAX (407) 264-2109 Mayor and City Council City of Sebastian We are pleased to confirm our understanding of the services we are to provide for the City of Sebastian for the years ended Sep%ember 30, 1990, 1991, and 1992. We will audit the general purpose financial statements and combining statements of individual funds and the related statements of income, retained earnings, and cash flows for the applicable fiscal year then ended. Our audit will be made in accordance with generally accepted auditing standards and the standards for financial and compliance audits contained in the Government A~ditin~ Standards, issued by the U.S. General Accounting Office, and will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. The objective of such an audit is the expression of our opinion on whether the statements present fairly the financial position, results of operations, and cash flows in conformity with generally accepted accounting principles. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. MEMBERS Of: Private COMPANIES PRACTICE SECTION aiCPa DIVISION Of Firms ACCOUNTING FIRMS ASSOCIATED-NATIONAL GROUP ALLIOTT PIERSON-INTERNATIONAL GROUP Mayor and City Council City of Sebastian Page two We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting principles, and the safeguarding of assets. Our audit is not specifically designed and cannot be relied.on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or ways that we believe management practices can be improved, we will communicate them to you in a separate letter. The following funds will be included in our audit: General Fund Special Revenue Funds: County Option Gas Tax Police Education Debt Service Fund Capital Projects Fund Capital Improvement Fund Enterprise Funds Golf Course Airport Fiduciary Funds: Cemetery Trust Fund Pension Trust Fund Deferred Compensation Agency Fund Police Pension Plan General Fixed Assets General Long-term Debt Mayor and City Council City of Sebastian Page three As part of our engagement, we will also prepare the report to the Comptroller of the State of Florida for the city for the year ended September 30, 1990. We will prepare the annual report to the State for the Sebastian Police officers' Pension Plan for the year ended September 30, 1990, in accordance with Chapter 185, Florida Statutes. Your staff will assist us by preparing workpapers for our review. They will also provide us with supporting schedules and such other assistance as we deem necessary. Our fee for this audit will be based on our standard hourly.rates and will be billed to you monthly as the work progresses, not to exceed $25,700. The estimated fee for our engagement anticipates the level of client assistance described in Appendix A in preparation of audit workpapers; should client personnel be unable to provide the anticipated assistance in a timely manner, the procedures will be assigned to a member of our audit staff at the appropriate level, as available, and be billed to you accordingly at our standard hourly rate. We will be available to management and financial staff of the City, at your request, to research and answer questions on matters of financial management, Florida statutory compliance, financing, budgeting, taxation and other such issues as may require professional advise from us. These services are not a part of the audit engagement and, if utilized, would be subject to separate fee arrangements. We will bill for these recurring advisory services on the basis of actual time required and present itemized billings on a monthly basis at our standard hourly rates. We appreciate the opportunity to be of service to you. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign below and return it to us. A copy is enclosed for your files. DOBSON BJERNING DUFFEY & ROSENFIF. LD May 22, 1990 Melbourne, Florida Mayor and City Council City of Sebastian Page four The foregoing letter fully describes the services required and is accepted by us. APPROVED: BY: TITT~: DATE: CITY OF ~ 2. Typing of revenue ccnf~tic~s. 3. Typing of r at - =ty qu ti=rai amd 4. ~ of ~m~ ~~~- 5. ~ of ~ ~ ~~r of ~~. 6. ~ of ~i~ ~ a~~. 7. ~i~ ~1~ ~i~ ~~ ~ ~ at ~ 30, 1990 ~i~ ~~ of ~~ ~~ ~ ~ ~ifi~ ~ ~ ~ f~ 1989 ~~. 8. ~ ~ of ~ ~ ~~ ~ ~ ~- 9. ~ of 1990 ~e~, ~-420 ~, ~ ~a~ ~et ad, on p~ ~ of ~ ~ion ~ d~~ ~~ pl~. Fo~ 941 f~ wi~ ~~ ~~ ~i~. Fi~ Y~ 1991 a~~ ~et. Ci~ ~~ ~ ~g~t le~ ~ ~ ~ ~r ~. N~ 1~, if ~. N~ d~t a~~, if ~. N~ ~n~, if ~. 17. ~il~ ~u~ ~~ for ~e. ~8. ~ of ~ ~~ ~. In~ ~ ~ 1. ~i~ of ~1 ~ ~iv~; ~~ of ~~ ~ ~~. 2. ~~e of ~vel ~. 3. ~e of p~f~io~ ~i~ ~~ bid p~s ~ ~ion 287.055, Flori~ S~~. 10. 11. 12. 13. 14. 15. 16. CITY OF SEBAgr/AN ~ll Fund TyPeS l. Listing of all bank accounts. 2. Bank reconciliation forms for all accounts. (Pl~as~ attach copy of Se~cember 30, 1990, sta~ or passbook balar~e to reconciliation.) 3. Bank transfer schedule for the period September 15th through October 15th. 4. Reconciliation schedule of the balanoes at September 30, 1990, of the d~/e to and from other fund accounts. 5. Schedule of budget and actual operating transfers to and from other funds 6. Schedule of miscellaneous transactions between funds, e.g., interest paid 1. Schedule of accrued salaries. 2. Detail maintenance and repair accounts. 3. Schedule of encumbrances. 4. Detail schedule of accounts receivable. 5. Detail schedule of accounts receivable - Cemetery. 6. Detail schedule contractor deposits. 7. Detail schedule security deposits. 8. Prepaid expense lead and detail schedule. 9. Schedule of accounts payable (computer) 10. Schedule of accrued vacation. 11. Schedule of accrued sick pay. 12. Detail recoverable expenditure accounts. 13. Operating lease maturity schedule. 14. Detail miscellaneous revenue CTTY OF SEBAST/AN of investment in General Fixed Assets by Fund Type, to include and disposals reconcil~ to capitm outlay expenditures by fund 2. Schedul~ of additions and d/sposals during the year by asset category for gove~,,ental fur~s reconciled to general ledger capital e~ture for 3. S~ schedule of all expenses for construction in progress projects to date, if any. 4. Schedule of current year acquisitions (if available ~ computer program, please provide). 5. Schedule of current year disposals. 6. Schedule of current year donated assets. 7. Summary of debt service fund activity and support for allocation of ~t, if any. 9. 10. Golf 2. 3. 4. Paydown schedule. L~g-tarm debt summ=7. Debt-maturity schedule. ~Fun~ Schedule of accrued salaries. Debt maturity schedule (partially completed). Debt paydown schedule. Detail fixed 7. 8. 9. asset listing at year end r~conciled to general ledger 5. Depreciation report for current year reconciled to general ledger Schedule of current year acquisitions. Schedule of current year disposals. Schedule of accrued vacation. Schedule of accrued sick pay. CITY OF ~ Golf. Course. Fun~ (Continued) 10. Schedule of accounts payable (c~). 11. Prepaid expense lead and detail schedule. 12. Operatiug lease maturity ~eide. 13. Detailed valued inventory for golf ccur. 14. List of golf memberships for year. 15. Published price list/discount schedule for the above. 16. Range of revenue ticket numbers used at golf course. 1. Schedule of Activity Airport Master Plan Grant. 2. Detail fixed asset listing 3. Schedule of current year acquisitions 4. Schedule of current year disposals. 5. Schedule of minimum rents receivable. 6. Schedule of accounts payable. CaDital Projects Fund 1. Current year fixed assets ac~,~mitions. at year end reconciled 2. Reconciliation of addition to/subtraction frc~ year end fund balance. 3. Accounts palrable schedule. 4. Support for allocation of interest, if applicable. Capital I~Drovements Fund 1. Current year fixed assets acquisitions. 2. Reconciliation of addition to/subtraction frc~ year end fund balance. 3. Accounts payable schedule. 4. Support for allocation of interest, if applicable. reconciled to general ledger crrY OF ~ ~IXA County O~tion Gas..Tax Fund 1. ~ year fixed assets acquisitions. 2. Reconciliation of addition to/subtractic~ from year end fund balance. 3. Accounts payable schedule. 4. Support for allocation of interest, if applicable. 1. Reconciliation of addition for capital expansion. Deferred Compensation A~encv ~ 1. 2. 3. Pension Trust Funds 1. Schedule of contr~ons. Schedule of distr/butions, if any. Schedule of participant balances. Schedule of pension contributions expenditure. 2. SchedLLle of forfeitures/distributions retirement refunds. 3. Schedule of participant account balances. Agency Fund for Police Pension Plan 1. Schedule of funding. 2. Detail of payments made. fz~n restri~ asset reserve reconc~ ~ genueral l~g~ reco~il~ ~ general l~g~ City of Sebastian POST OFFICE BOX 780127 s SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Airport Leasing Approved For Submittal By: City Manager Agenda No. Dept. Date Original. Submitt~q~ 6/7/90 For Agenda Of 6/13/90 Exhibits 6/7/90 Memorandum from John Van Antwerp 6/5/90 Letter from Williams, Hatfield and Stoner 4/11/90 City Council minutes EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On April 11, 1990, the City Council adopted a motion to "remove the existing moratorium" on leasing airport property, since April llth, we have received three formal requests to lease property at the airport -- which are summarized below. B-Nautical W.E. Strauss, President of B-Nautical, has asked to lease five acres, and he has proposed a four phase development. Phase I provides for the construction of an 1100 square foot office building; Phase II calls for an 11,700 square foot T-Hangar; Phase III provides for a second 11,700 square foot T-Hangar; and Phase IV calls for a 4,000 square foot hangar. Stewart 5~ Inc. Jim Stewart, developer of a pre-fabricated kit of the World War II P-51 Mustang, would like to lease two to four acres. He would like to construct a 65 by 50 foot steel hangar -- adjacent to a taxiway. Initially, Mr. Stewart expects to employ five to six aircraft sheet metal workers; and he estimates his work force to grow to 20 to 25 workers within two years. G$~bert Swiqer Rene VanDeVoorde, on behalf of his client, asked to lease 10 acres on the west taxiway. Gilbert Swiger, has Staff Analysis The standstill agreement with the Federal Aviation Administration provides: During the study ~eriod, the City of Sebastian will not remove any airport lighting, will remedy any unsafe conditions at the airport, and will operate the airport in accordance with the conveyance agreement, and generally will not take any action that will alter the character of the airport. (emphasis added) The question at hand is whether new leases at the airport would, in fact, alter the character of the airport. Airport Manager John Van Antwerp recommends we not proceed with leasing space at the airport until the airport community compatibility/master plan study is completed. He would like this time to refine our leasing procedures and guidelines to ensure all applicants are treated equally; he is coordinating this with the FAA. A product of the study will be an accurate survey of the airport along with recommended land uses. Mr. Van Antwerp's recom- mendation is echoed by our consultants, Williams, Hatfield, and Stoner. Carroll Sanders of Williams, Hatfield, and Stoner recommends if the City should decide to proceed with leasing, stringent restrictions should be imposed. First, he advises any lease provide for relocation at no expense to the City. Second, he advises any lease allow for adjustments in rental fees following completion of the Study's financial element. Further, the City Attorney believes we should hold any requests for leases'until the Study is completed. He does not believe the term "moratorium" is appropriate, since the City Council retains the authority to approve a lease. I agree with Mr. Van Antwerp, Mr. Sanders, and Mr. Nash, and based upon their recommendations, I request the City Council direct the staff to defer any action on requests to lease airport property until the airport community compatibility/master plan study is completed. Further, I request the City Council to direct the staff to review and to recommend a policy for leasing airport property. RECOMMENDED ACTION Motion to defer requests for leases at the airport and to direct staff to refine airport leasing guidelines and procedures. WILLIAMS, HATFIELD 8 STONER, INC. June 5, 1990 Ms. Jo Au~e Tmmse~d Assistant City Manager City of Sebutfan Post 0flies ]Box 780127 Sebastian, Florida 32978 Dear Ms. Tot~nsend: PROPOSED A/RPO[T DEVELOPMENT/NEW LEASE ACTIVITY SEBAgTIAN MUNICIPAL AIRPORT In response to your request, as a result of recent inqulr£es to the City for new leases at Sebastian Mtmie~pal Airport, we have consldered the implications for the Community ComDattbtllty and Master Plan Study. Due to potential negatlve impacts, we recommend that the development or commitment co development of a~rpor~ p~opert¥, tncludtn= the executto~ of leases, prior to completion of Sec:lo~ IV - Identification and Evaluation of Alternatives - of the compatibility study be considered very carefully. Amy proposed development ~hat could impact an alteruative could result either e!iminattng a poteutial alternative or iucreasing the cost co implement an alternaclve. The other potential impac~ would be the compatibility of any new lease areas w~th the land use analysis to be developed by the study. New lease sites could potentially result in reducing income by preclud£ng the highest and best use of the land. Therefore, prior ~o acting on ~ny new lease parcels we recommend that the City consider restriegi~§ the lease as follows until the airport study is approved: The lease area be subject to being relocated at ~o expense to the City should the a~rfteld alternative and/or land use be incompatible. The lease rates be subject to a~Justment after the financial etemen= of the study is adopted to evaluate lease rates based o~ highest and be~t USe · CRS/dz Vice President M El M 0 DATE; TO ; FROM; !.':!; U B J E C: T ,'; JUI',IE 7 199(]:, ._TO AI',,II',.IE!; 'f'(DUNF.';END ._TOHN '"',,, AN~ ANT~IEF;,'!::' A 1[ RF:'OFi:]" L.i:::-A:E;E'.E; ]:N T'HE PAF;T LE:'A:E;E'.E; UIEt::i'.E PRE:::;ENTEI_} TO THE AIF:~'.F:'OF:i:T C:OUNC I L. ANY LF'A::::F'" THE: C:ITY ENTER'-.:.'.: INTO IjIL, L HAVE TO C:OI;I?:!E)EF~: THF' FJ;T'AN[) S"F[L.L ,AGREEMEt'",.IT ~F, ID BE OK"ED BY THE F~A Regular City Council Meeting April 11, 1990 Page 9 15. COUNCIL MATTERS A. Vice Mayor Oberbeck 90.095 1. 89.003 Remove Airport Moratorium (no additional backup) In response to question by Vice Mayor Oberbeck, the City Attorney said it is perfectly legal to remove the moratorium. MOTION by Oberbeck/McCollum I move we remove the existing moratorium on the airport. ROLL CALL: Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - nay MOTION CARRIED 4-1 (Rondeau - nay). Vice Mayor Oberbeck questioned reference to Golf Course flag card members in the Golf Course newsletter and requested that Domino's Pizza be contacted regarding their procedures for door to door advertisement. Possible Legal Action Against Firm of Cutler & Stanfield (Excerpt from 6/12/89 Special ~ Council Meeting Minutes Memo from Assistant City Manager to Council dated 2/21/90) ..... MOTION by Oberbeck/Powell I move that we have the Attorney continue to proceed to find an attorney to represent us in legal action against the firm of Cutler & Stanfield to recover the expenses of the airport enterprise fund, the attorney to be secured on a contingency basis. ROLL CALL: Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye MOTION CARRIED 5-0. 9