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HomeMy WebLinkAbout09122001HOME OF PELICAN ISl.&ND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 12, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 2. 3. 4. 5. 01.206 01.207 01.208 01.125 01.209 CALL TO ORDER PLEDGE OF ALLEGIANCE MOMENT OF SILENCE ROLL CALL AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R~99-21) PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS B. C. D. Proclamation - World Population Awareness Week Proclamation - Boys and Girls Clubs of America - Goals for Graduation Introduction of New Human Resources Director, Jim Sexton Presentation by Representatives from A T & T Broadband Regarding Cable Operations in the City of Sebastian Presentation by Volkssport Officials 01.210 01.093 7. CITY ATI'ORNEY MATTERS 8. CITY MANAGER MATTERS 1-2 3-13 15-17 19-22 01.202 23-26 tl. Status Report Regarding Indian River County's Position Regarding Future Park and Recreation Issues Parking Issues at Barber Street Sports Complex to Include Updates from Chief of Police, Jim Davis and City Engineer Ralph Brescia CITY CLERK MATTERS CITY COUNCIL MATTERS B. C. D. Mayor Barnes 1. Issues with Capital Sanitation Mr. Bishop Mr. Barczyk Mr. Hill Mr. Majcher CONSENT AGENDA All items .on the consent agenda am considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of 8/22/01 City Council Workshop Minutes B. Approval of 8/22/01 Regular Council Meeting Minutes C. Approval of 8/29/01 City Council Workshop Minutes Approve Patrick Pacers Volkssport Club 5K or 11 K Walk (Parks Transmittal 9/5/01, Letter from Mr. Aycock, Walk Directions) 12. PUBLIC HEARING Procedures for public heatings: (R-99-21) Mayor opens Hearing · Attorney Reads Ordinance or Resolution · Staff Presentation · Public Input - Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Hearing · Council Action Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his or her name for the record Ordinance No. O-01-21 CLUP Amendment School Sitin.cl..('GMD Transmittal 8/29/01, O-01-2!, Para~raph, 163.3177(6) ('a) F.S. AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVE PLAN TO PROVIDE SCHOOL SITING CRITERIA; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. 2 01.172 27-46 01.099A 47-68 Ordinance No. O-00~05, CLUP Amendment to Industrial (iN) CNK, Inc. 14.85 Acres CGMD Transmittal 8/29/01, 0-00-05, Application for Comprehensive Land Use Chan~e, Location Map,Staff Report and P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA PROVIDING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW-DENSiTY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Ordinance No. O-01-09 Davis CLUP Amendment (GMD Transmittal 8/29/01, O-01-09, Application for Land Use Chan~e, Location MaD, Staff Report, P & Z Recommendation, and DCA (ORC) Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATION OF MEDIUM DENSITY RESIDENTIAL (MDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 6 UNITS PER ACRE (L-2) FOR LAND CONSISTING OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 01.172 69-72 01.182 73-88 01.149 89-90 01.211 91-92 01.212 93-110 13. 14. 15. t6, iNTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required, limit of ten minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS First Readin~ - Ordinance No. O-01-22, Rezonin~a CNK Inc. 14.85 Acres ('City Attomev Transmittal 9/6/01, 0-01-22~Application for Rezoning, Location Map, Staff Report and P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOTS 16, 27 & 28, SECTION 30, FLEMING GRANT, CONTAINING 14.85 ACRES MORE OR LESS, FROM RE-40 TO IN (INDUSTRIAL); PROVIDING FOR CONFLICT AND EFFECTIVE DATE. NEW BUSINESS Authorize City Manager to Execute FRDAP Grant Agreement for Riverfront Property Acquisition (City Manager Transmittal 8/23/01, Grant Agreement) Approve Street Closings and Alcoholic Beverages for Second Annual Fine Arts & Music Festival (Parks Transmittal 9/5/01, Memo from Parks Superintendent) Award Bid for Schumann Tennis Court 5 and 6 Resurfacing to Froehling's/Papico of Palm City, FL in the Amount of $8,700.00 (Parks Transmittal 9/5/01, Bid Tabulation Form) Consider Purchase of 9.34 Acre Vacant Land Behind City Hall (City Manager Transmittal 8/30/01, Map, Pages 7-1 and 7-2 of Chapter 7 Comp Plan, Contract) 01.213 E. 111-114 01.214 F. 115-117 Approve Prior Travel Expenses for Ed Majcher - Republican Women of Indian River Federated Star Spangled Celebration (City Clerk Transmittal 9/6/01, Tickets and Info) Review December City Council Meeting Dates and Reschedule if Necessary (City Clerk Transmittal 9/6/01, Calendars) 01.173 G. 119-123 First Reading of Ordinance No. O-01-23 - Repealing Recreational Advisory Board Language - Schedule Public Hearing for 10/10/01 (City Attorney Transmittal, O-01-23) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING CODE OF ORDINANCES ARTICLE VI., DIVISION 3, RECREATIONAL ADVISORY BOARD, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 01.173 H. 125-128 Resolution No. R-01-65 - Establishing Temporary Parks and Recreation Advisory Committee (City Attorney Transmittal 9/6/01, R-01-65) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FORMULATING TEMPORARY PARKS AND · RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 17. A DJ O URN (All meeting shell adjourn at 10:30 p.m. unless extended for up to one half hour by a majodty vote of City Council) 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.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINA TOR A T 589-5330A T LEAST 48 HOURS iN ADVANCE OF THIS MEETING. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. .Upcomin~ Meetin~js: Regular Meeting - Wednesday, 9/26/2001 - 7 pm DRAFT HOME Of PELICAN ISLAND SEBASTIAN CiTY COUNCIL WORKSHOP CiTY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA WEDNESDAY, AUGUST 22, 2001- 6PM The Mayor called the workshop to order at 6:00 pm. 2. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk (6:04 p.m.) Mr. James Hill City Council Absent: Mr. Edward J. Majcher, Jr. (Excused -Arrived at 6:35 p.m.) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Parks Superintendent, Chris McCarthy 3. WORKSHOP ITEMS Council Positi0,.n.,.Re.qarding Recreational Advisory Board a.n,d Applicable Policies (Sec. 2-211- 2-214 Code of Ordinances) Mayor Barnes said he would like to explore joining with the County and Veto Beach on their Committee, since the City has no ability to state its case on City recreation. Vice Mayor 'Bishop said the current city committee is not functioning and the appointment of its members is by various organizations, and perhaps some fresh faces appointed by Council and some at large might throw in a different look. He said he would not be in favor of dropping the DRAFT City's committee due to establishment of the new recreation impact fee, but also agreed with participating on a county level in some manner. He suggested that staff give more information on what benefits the City might derive from being a part of the county system. Mr. Barczyk suggested that the composition of the board be changed, whereby there are average citizens on the board. The City Manager said he had spoken to Fellsmere representatives about their decision to remove the city from their association with Veto Beach/Indian River County recreation. He said there is a rumor that Vero Beach will also remove itself in 2002. Mr. Barczyk reiterated a City committee should remain in place. Mr. Hill said it was important to look into the County issue even though there are rumors. He agreed that the City board should remain in effect and that they should be given direction as to what the City wants them to Mayor Barnes agreed that the Recreation Board compositional makeup needs to be looked into. He suggested a smaller committee with no specific affiliation until we get an idea what the County is going to do. The City Manager recapped that it is'not the Council's intention to turn over recreation to the County and Mayor Barnes proposed a City board of five, and agreed with the existing mission statement in the code. The City Attorney restated the history of the attempts to form a countywide district which resulted in a Vero Beach/Indian River County department; and asked whether Council had any thoughts about investigating an independent recreation district. The City Manager said he would schedule an appointment with the Indian River County Administrator to discuss all these issues and report back to City Council. Mr. Bishop agreed with appointment of one person by each Council member and then appointing two at-large members. He cited the need for this committee based on current city projects such as Good Guys improvements. Mayor Barnes recapped, look at existing ordinance, one person from each of four recreation districts and one at large, the City Manager will talk to the Indian River County administrator. The City Attorney suggesting striking it in the code and creating it by resolution. Mr. Majcher arrived at 6:35 p.m. and Mayor Barnes reiterated Council discussion for his benefit. 4. Being no further business, Mayor Barnes adjourned the Workshop at 6:40 p.m.. 2 HOM~ OF PELICAN iSLAND DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 22, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Mayor called the meeting to order at 7:00 pm. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, Ralph Brescia Finance Director, Mark Mason Public Works Director, Terry Hill Parks Superintendent, Chris McCarthy AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a majodty vote of City Council members (R-99-21) Mayor Barnes requested that the City Manager's performance evaluation be added to the agenda as New Business item B, and the City Clerk request for approval for travel to a Power Point Class in Melbourne on September 10th be added to the consent agenda as item I. itwas the consensus of City Council (5-0 voice vote) to add the items. Regular City Council Meeting August 22, 2001 Page Two DRAFT 6. PROCLAMATIONS,, ANNOUNCEMENTS AND/OR PRESENTATIONS 01.203 A. Presentation bv Rodne. y Temple, .Project Mana,qe.r., .Keith and Schnars,...PA. ~ Highway .U.S. 1 Improvement Pro,qram Mr. Temple gave an update on the U.S. 1 improvement program. 01.194 B. Arlene Fletcher & Kelly Mather Presentation for a Sebastian Senior Center to Provide Adult Day Care fCaDital Need Proposal, Sketches, Bullet Points) Arlene Fletcher and Kelly Mather presented their request for one time capital improvements funding for addition of Adult Day Care to the Sebastian Senior Center. They presented the plan for the center and described other funding sources. It was the consensus of City Council to have the City Manager look for funding sources and report back to council at the Sept. 12th council meeting. 7. CiTY ATTORNEY MATTERS Reported on the status of the local option gas tax discussion at the last County Commission meeting. Reported that the state will consider the first school siting info sent in which will allow the City to amend ordinances needing this language. Suggested that the Council refer to the property at Riverview Park (former Good Guys) as South Pointe Reported on a letter to the editor regarding his "secret meeting" in the canal 8. CITY MANAGER MATTERS Said he is reviewing a proposed contract with Municipal Tax Consulting and Management Firm to collect back taxes and will have a contract in the near future for approval. Updated Council on the restrooms whereby final notice has been sent to CAMCO with a deadline of Sept. 5th to complete or remove themselves from the City's contracts; and plumbers are giving estimates to connect the Yacht Club to an existing public sewer line. 9. CITY CLERK MATTERS Reported on audio system problems due to a lightening strike. 10. CITY COUNCIL MATTERS A. Mr, Maicher Reported on concerns expressed by parents at Sebastian Elementary School regarding lack of landscape maintenance along C.R.512 at the school. 2 Regular City Council Meeting August 22, 2001 Page Three 11. 01.195 01.196 01.197 01.198 DRAFT B. Mayor. Barnes · Reported that Keep Indian River Beautiful has offered to plant trees at "South Pointe" at Riverview Park. · Stated that Tom Collins had asked him to ask Council for a letter of support to the Governor for Mr. Collins' application to remove davits on his south side pier and replace them with boat slips. City Council concurred with sending the letter of support. The City Manager responded to the Mayor's question about use of prisoners on roads, stating the Florida Dept. of Corrections has been directed not to issue any labor contracts. The City Attorney said judges sometimes assign community service and the City could talk to them, however, the City Manager said the City is already registered for this program. · Noted the County Commission recently approved tax exemption for people over 65 who make under a certain salary. · Reported the County sold bonds for the Dodger deal and received a good interest rate. C. Mr. Bisho~ - None. D. Mr. Barcyzk · Stated that October is his month to monitor the County Commission meeting and noted a schedule was available and an open forum will be held on October 16 for citizens to give their input on redistricting. E. Mr. Hill - None. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed end acted upon separately, A. Approve the 8/8/01 City Council Workshop Minutes B. Approve the 8/8/01 Regular Council Meeting Minutes C. Approve Keep Indian River Beautiful Art & Crafts Fair Special Event at Riverview Park on Sept. 8 & 9, 2001 (Parks Transmittal, 8/3/01, Park Use Permit Application) D. Approve City Clerk Travel to Master Municipal Clerk Academy, Oct. 10-12,2001 (City Clerk Transmittal 8/10/01, Brochure) E. Authorize Renewal of Employee VisionCare Plan Effective 10/1/2001 (Letter from VisionCare, Contract, R-98-34) Adopt Resolution R-01-60 Final Plat of Sebastian Lakes PUD, Phase II (Growth Management Transmittal 8/15/01, R-01-60, Application, Plat [Under Separate Cover] and Location Map) DRAFT Regular City Council Meeting August 22, 2001 Page Four A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SEBASTIAN LAKES P.U.D. SUBDIVISION PHASE II; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. 01.199 G. Adopt Resolution R-01-61 Authorizing the City Manager to Apply for G.R.E.A.T. Funding from the U.S, Dept. of Treasury (City Manager Transmittal 8/15/22, R-01-61, Application and Narrative) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE UNITED STATES DEPARTMENT OF TREASURY GANG RESISTANCE EDUCATION AND TRAINING PROGRAM (G.R.E.A.T.) 01.173 H. Adopt Resolution R-01-62 Dissolving Cemetery and Handicapped Self-Evaluation Committees (City Manager Transmittal 8/16/01, R-01-62) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, DISSOLVING LAPSED COMMITTEES; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. Authorize the City Clerk to Attend New Horizons Computer Learning Centers for a Power Point 2000 Class in Melbourne on September 10, 2001 The City Attorney read Resolutions Nos. R-01-60, R-01-61 and R-01-62 by title. Mr. Hill removed items B and F, Mr. Barczyk removed item C, and Mayor Barnes removed item H on behalf of Sal Neglia who wished to address the item. MOTION by MajchedBarczyk "1 move to approve items A, D, E, G and I." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Item B - 8/8/01 Regular Meetina Minutes Mr. Hill noted a need to correct his matters from the 8/8/01 Regular Meeting minutes as follows: in the improvement plan - that money was not identified for CR512 but the money will be there for improvements in the county and we have to apply for it in the Spring and we will be competing for it. Item F - R-01-60 - Sebastian Lakes PUD Phase II Final Plat Mr. Hill noted the property conditions have been overgrown for the last couple of years, and need some form of maintenance. 4 Regular City Council Meeting August 22, 2001 Page Five DRAFT MOTION by Hill/Barczyk "1 move to approve the two items I pulled, sure, B and F." Mr. Hill noted that item B approval was "as amended". ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 Item C - KIRB Arts and Crafts Festival at Riverview Park Mr. Barczyk expressed concern for this function based on the parking conditions of last Saturday's event, and the City Manager told him that parking conditions have been addressed for this event. MOTION by BarczyldMajcher "1 move that consent item C be approved." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Item H - R-01-62 - Dissolvin,q Cemetery and Handicapped Self-Evaluation Committee Sal Neglia said he had been contacted by members of the Handicapped Self- Evaluation Committee and had been advised that they wish to remain established. MOTION by Barnes/Hill "1 move to amend Resolution No. R-01-62 to dissolve the Cemetery Committee and keep the Handicapped Self-Evaluation Committee." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 DRAF Regular City Council Meeting August 22, 2001 Page Six MOTION by Majcher/Barczyk "1 make a motion to approve consent agenda item h as adopted or as amended." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 12. PUBLIC HEARING 01.188 Second Readin,q and Public Hearing for Ordinance No. O-01-19, Canal Policy .(..C.i.t.y Attorney Transmitta!~O-01-_!.9., Canal Landscape Manac~ement Plan, Policy Paper) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 110 TO CREATE ARTICLE III CANAL LANDSCAPE MANAGEMENT PLAN; PROVIDING FOR CONFLICTS, SEVERABILiTY, AND EFFECTIVE DATE, The Mayor opened the public hearing at 7:52 p.m. and the City Attorney briefly described the ordinance as amended at its first reading. Judy Booth, Joyhaven Drive, stated that she has experienced two stormwater management plans during her residency and that her canal is still filled. Being no further input, Mayor Barnes closed the public hearing at 7:58 p.m. Mr. Majcher discussed his input from FEMA regarding man made canals. He listed their provisions as follows: no restrictions of water movement no planting of any trees any sediments, shrubs, or buildup should be taken out He stated that the City receives an ISO rating every year and a higher ISO rating increases flood taxes insurance rates. He said he did not agree with planting trees on the banks of this man-made waterway. TAPE I - SIDE II (8:02 p.m.) Other Council members agreed with looking into FEMA regulations and postponing action on the ordinance at this time. Mr. Barczyk asked for a copy of the provisions and noted the City has not done a flood plan in many years. The City Manager said FEMA representatives were in Sebastian in 2000 and the Growth Management Director reported that the City has 6 DRAFi Regular City Council Meeting August 22, 2001 Page Seven requested that FEMA add the City to their list for the last ten years to establish base flood elevations for the entire City and had recently been notified that Sebastian has been moved up on the waiting list. Eric Groetke said Camp, Dresser and McKee is talking with St. Johns River Water Management District about the stormwater plan and said he would be happy to discuss flood plan issues with them. MOTION by Bishop/Barczyk "Motion to defer until additional information is provided by staff." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 i3. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othe~vise on the agenda - sign-up required - limit of ten minutes for each speaker None. 14. COMMITTEE REPORTS/RECOMMENDATIONS - None 15. OLD BUSINESS - None 16. NEW BUSINESS 01.200 Authorize City Manager to Execute a Supplemental Service Agreement with Hoyman, Dobson & Company for implementation of GASB 34 for the Fiscal Year Ended 9/30/2001 (Finance Transmittal 8/13/01, Agreement) The Finance Director briefly described GASB 34 which is a new reporting model which will give us greater financial accountability. MOTION by Barczyk/Bishop "1 move to authorize the City Manager to execute the Supplemental Agreement with Hoyman, Dobson & Company, P.A." 7 Regular City Council Meeting August 22, 2001 Page Eight 01.182 B. 01.057 C. ROLL CALL: Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Authorize the City Manaaer to Execute C!.o_~in.q Documents for the Waterfront Property (Located at Harrison Street). Adjacent to the Former Good Guys, Inc~ Property Pendin~q FRDAP Fundin~ (City Manac~er Transmitta_l.8!14/01, Boyle & Drake, Inc. Property Aporaisal and Contract for Sale and Purchase) The City Manager repoded the 50/50 grant was in the amount of $200,000. Mr. Bishop requested clarification of the schedule and the City Manager stated the contract is anticipated for execution Sept. 12th, The City Manager said the grant has been authorized and the paperwork will be in tomorrow. MOTION by Bishop/Barczyk "Move to authorize the City Manager to close and execute the Contract for Sale and Purchase, of waterfront property located at Harrison Street adjacent to the former Good Guys, Inc. property pending the Florida Recreation Development Assistance Program Grant agreement authorization." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 First Reading for Ordinance No. O-01-16 Establishin,q Stormwater Utility, Schedule Public Hearin.~ for 9/26/01 (City Attorney Tran.s....mittal, O-01-16~ AN ORDINANCE OFTHE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 102 TO CREATE ARTICLE V SEBASTIAN STORMWATER UTILITY; PROVIDING FOR CONFLICTS, SEVERAI31LITY, AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-16 by title and described changes to the ordinance as distributed prior to this meeting (see attached). Steven Sedgewick, Camp, Dresser and McKee gave a lengthy presentation on the proposed stormwater utility. Mr. Sedgewick urged the public to contact Mr. Moore or Mr. Stringer with any questions they may have regarding their TRIM notices. Para Carter, Sebastian, challenged Council to get more information and give citizens an overall plan, and described City work that had been done twice on ditches in her yard. Regular City Council Meeting August 22, 2001 Page Nine TAPE II. SIDE i (9:04 p.m.) DRAFT The City Attorney stated that at least 80% of the funding must be dedicated to capital improvements, and Mr. Bishop noted that there is a new stormwater master plan in the works. Mr. Barczyk further advised that this dedicated revenue source will aid the City in obtaining grants for stormwater projects. Attorney Warren Dill, representing Dr. Henry A. Fischer-Fisher & Sons, Inc., inquired about several sections of the proposed ordinance and suggested tabling it for one year until further information is gathered. MOTION by Hill/Barczyk "1 move to pass Ordinance No. O-01-16 on first reading and schedule public hearing for September 26, 2001 as amended." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Mayor Barnes called recess at 9:25 p.m. and reconvened the meeting at 9:35 p.m. All members were present. 01.201 First Readin~ for Ordinance No. O-01-20 Amendin~ Section 34-2 Chapter 34, Article I In Genera~- Cemetery Trust Fund, Schedule Public Hearin~ for 9/26/01 (Finance Transmittal 8/14/01, O-01-20, Chapter 34, Article I) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 34-2 CHAPTER 34 ARTICLE I IN GENERAL, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read Ordinance No. O-01-20 by title MOTION by Barczyk/Majcher "1 move to approve Ordinance O-01-20 and set a public hearing for September 26, 2001 and authorize advertisement for same.'' ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Regular City Council Meeting August 22, 2001 Page Ten 01.202 E, 01.172 F. DRAFT First Readin.q for Ordinance No. O-01-21 Amendment to Comprehensive Plan - School Sitina and Collocation Criteria Per State Reaulations, Schedule Public Hearinq for 9/12/01 (Growth Management Transmittal 8/15/01, O-01-21, ParaaraDh 163.3177(6)(a) F,S.3 AN ORDINANCE Of THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVE PLAN TO PROVIDE SCHOOL SITING CRITERIA; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-21 by title and the Growth Management Director briefly described the Comprehensive Plan amendment as required by DCA. MOTION by Majcher/Bishop "1 move to pass Ordinance No. O-01-21 on first reading and schedule a public hearing and adoption hearing for September 12, 2001. ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 First Reading for Ordinance No. O-01-22 Rezoning to Industrial AA Berry Subdivision, 14.85 Acres Schedule Public Hearing for 9/12/01 (Growth Mana.~ement Transmittal 8/15/01, O-01-22, Application for Rezoning, Location Map, Staff Report and P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOTS 16, 28 & 29, SECTION 30, A.A. BERRY SUBDIVISION, CONTAINING 14.85 ACRES MORE OR LESS, FROM RE-40 TO IN (INDUSTRIAL); PROVIDING FOR CONFLICT AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-22 by title and advised City Council not to take evidence during the first reading due to the fact that this matter is quasi-judicial. Mr. Hill expressed concern about several provisions of the ordinance as follows: Mandatory connection to water Whether access is still a problem Compatibility since no industry is abutting this property Questioned orderly development and convenient access Whether this was in the public interest Mr. Hass stated before a site plan is approved, access would be addressed. Mayor Barnes noted a typo in Section 2 "Industrial". Mr. Barczyk noted the adjacent property was zoned industrial at the beginning of the application process. ]0 Regular City Council Meeting August 22, 2001 Page Eleven DRAFT MOTION by Barczyk/Majcher "1 move to pass Ordinance No. O-01-22 on first reading and schedule a quasi-judicial public hearing and adoption hearin on/for September 12, 2001 ." ROLL CALL: Mr. Bishop - nay Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - nay Mayor Barnes - aye 01.204 MOTION CARRIED 3-2 (Bishop, Hill - nay) .Citv Mana.qer Performance Evaluation Following City Council input on Mr. Moore's performance and pro-active vision, motion was made. MOTION by Hill/Majcher "1 would move to give a pay increase of 5.5% increase retroactive to his anniversary date." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 17. Being no further items, Mayor Barnes adjourned the Regular Meeting at 10:54 p.m. APproved at the September 12, 2001 Regular City Council Meeting. Walter Barnes, Mayor Sally A. Maio, CMC 11 DRAFT HOME OF PELICAN iSLAND CITY COUNCIL WORKSHOP CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA RIVERFRONT PLAN WORKSHOP WEDNESDAY, AUGUST 29, 2001- 7:00 PM Mayor Barnes called the Workshop to order at 7:00 p.m and the Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop (was contacted by phone at 7:05 p.m. by the City Clerk and stated he had an unavoidable de/ay and requested an excused absence.) Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, Ralph Brescia Engineering Construction Inspector, Robert Petersen WORKSHOP iTEMS Session to Address Improvements to Recently Acquired Riverfront Property The City Manager sought input for improvements to the former Good Guys property, and stressed that the site plan is conceptual at this time, incorporating many ideas from staff. City Council Workshop August 29, 2001 Page Two DRAFT Mayor Barnes invited the public to speak on the plans. Jayne Barczyk, Sebastian, stated that many of the improvements will block the view of the river and stressed it was "Riverview" Park, and recommended the Military memorial stand alone. Ruth Davies, 497 Lloyd Street, stated there is an existing war memorial and placement of this additional memorial would insinuate the first is inadequate. Carolyn Corum, Delores Street submitted photos of the subject property and read a prepared statement citing objections to the proposed plan (see attached). Sal Neglia, Sebastian, stated he would like to keep the view of the river, the Environmental Learning Center is underutilized, the boat drop off won't work, the fountain is redundant due to Vero Beach's fountain, and that he would like to see the shore stabilized and a pier put in first. Jim Rittenour, 189 Abeto Terrace, stated he moved to the area to be closer to the ocean, and would like to see a full service marina which might alleviate some boat trailer parking. Mayor Barnes stated that the riverfront is only three miles long and all of the grant money could not be spent on one type of recreation. Mr. Majcher asked about the City's dredge permit and the City Manager stated there are certain permits that were transferred with the property and that he is working with the City Attorney to address them. Mr. Majcher said he did not want the city to limit itself by not taking steps to establish a full service marina and introduced Peter Petersen, Applied Technology Management Company. Mr. Peterson described the seven marina projects his company has undertaken, discussed the value of the subject property and the income it could generate. He responded to inquiry from the City Attorney as to the needs for a functional marina, noting 95% of a marina is over water. Trudy Hertling, Sebastian, noted existing water related businesses have vacated or are struggling to stay alive. Mr. Petersen stated a marina should be considered a gateway to the city and attract people from the intracoastal instead of US 1. Discussion continued on the impact a full service marina would have on the property. Carolyn Corum expressed concern for establishing a marina and urged Council to heed the desires of the public on this. (TAPE II - SIDE I - 8:15 pm) 2 City Council Workshop August 29, 2001 Page Three DRAFT Mr. Barczyk inquired about prior Council discussion of utilizing the CAVCORP committee and suggested use of the committee to come back with ideas. Mr. Hill stated that overall he liked the proposed plan but said perhaps certain of the improvements could be relocated. Mr. Majcher said he was in agreement with Mr. Hill but objected parking for school buses and suggested boating classes could be held at City Hall. He stated many people talking to him would like see a marina and suggested a floating dock system. Mayor Barnes cited questions and concerns from citizens as follows; 1) where is the canoe launch, to which the City Engineer responded it is not defined in the plan but would be where it now exists; 2) someone felt the east side is too cluttered and perhaps the fountain could be moved to the playground area and put bocce courts and shuffleboard courts closer to bathroom; 3) that the picnic area, education and parking area be relocated to keep the view. Mr. Barczyk again suggested a committee be formed. The City Manager reminded Council the FIND grant has specific requirements regarding shoreline stabilization and landscaping and will expire Sept. 2002. He stated there were many good ideas expressed tonight and he will provide a couple of different site plans in the future for council to consider to move forward with the grant. Keith Miller, 961 Riveria, suggested a slip be available for a police boat. The City Engineer' stated DEP has some environmental concerns relative to use of floating docks. Ruth Davies reminded Council that Yero Beach had to hire a lifeguard for their fountain. Carolyn Corum asked if the powerlines will be removed and the City Manager replied that the City is looking into relocating the powerlines. 4. Being no further items, Mayor Barnes adjourned the workshop at 8:31 p.m. Approved at the ,2001 Regular Council Meeting. Walter Barnes Mayor Sally A. Maio, CMC City Clerk City of Sebastian, Florida Subject: Approval for Patrick Pacers Volkssport Club 5 K or 11 K Walk Am~roved ~for Submittal by: Agenda No. 01.215 Department Origin: Parks Supt. Chris McCarthy Dept. Head: ~'~xc e~.Aa-~a Finance: Procurement: Date Submitted: 09/05/2001 For Agenda of.' 09/12/2001 Exhibits: Mr. Aycock letter and Walk directions EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY The Patrick Pacers Volkssport Club would like your approval to hold a 5K or 11K walk starting and finishing at Riverview Park Pavilion with two routes traveling throughout the City. No roads will be closed, as they will use sidewalks throughout the City. The walk will be held on Saturday, March 2, 2002 from 9:00 AM to 3:00 PM. They usually have between 30 and 60 walkers for their events. The two separate walk routes are attached to Mr. Aycock's letter. There is an Art and Craf~ show that day at the Park but the runners will be at the far east end of the Park away from the Arts and Crafts. RECOMMENDED ACTION Move to approve Patrick Pacers Volkssport Club 5K or 11K Walk starting and finishing, at Riverview Park with separate routes traveling through the City on March 2, 2002 from 9:00 AM to 3:00 PM, Walking Along Florida's Scenic and Historic Space Coas~ Since 1982 Patrick Pacers Volkssport Club AVA 140 / FL 03 P.O. Box 254360 Patrick AFB, Florida 32925-0360 july 20, 2001 Terrence R. Moore City Manager 1225 Main Street Sebastian, Florida 32958 Dear Mr. Moore, On Wednesday, July 18, 2001, I spoke with your secretary, Jean, regarding what would be necessary of the Patrick Pacers Volkssport Club of Brevard County to plan and host a 10-kilometer walk within the city limits of Sebastian. She informed us that the city normally requires a letter from sponsors of a run or walk that provide information about the event. The Patrick Pacers Volkssport Club has been walking along the Space Coast since 1982. We plan and host regular scheduled walk events throughout Brevard County. We try to vary the walk locations between city, beach, woods, scenic/lfistoric, etc. These walk events are normally held on a Saturday. All wall~ ale non- competitive; go at your own pace; welcome and open to every one of all ages. There are parents with kids, young folks and retired folks - all ages. Most of the walk events are 10 kilometer or 6.2 miles long. The Patrick Pacers are one of 14 clubs in Florida and approximately 500 in the USA. All the clubs in the U.S.A. belong to the American Volkssport Association (AVA) http://www.ava.org a~non-vrofit, educational association that promotes health., fun and fellowship by providing non-competitive walking and other sporting events for everyone. The AVA represents the USA as one of 28 member countries of the International Federation of Popular Sports IVV and administers all IVV programs in the USA. We would like to use the large pavilion in Riverview Park as a Start and Finish point for the walk. The park area also has more than sufficient parking and restrooms. Our need is for a start/finish point that offers parking and restrooms for the participants (usually we have between 30 and 60 walkers). We request your assistance in tiffs matter. The walk event would be scheduled on Saturday March 2;2002. The walk event will have a start time of between 9 A~M. to noon and finish by 3 PM, (so not all walkers start at the same time). We would like to put on a superior walk event and very much look forward to offering a walk event that allows walkers the oppommity to explore and appreciate the pristine beauty of this area. We have enclosed drafts of the flyer and walk directions as information to assist you in your decision. Ifyou have questions, etc., please contact me at 3210783-0618 orby e-mail at ieaaaa~diaital.net or our Club president, Ronald Barnett, at 321-452-9448 or by e-mail at oatrickoacers(~aoLcom. We look forward to a positive response at your earliest convenience. Once we have your approval to conduct the walk, we will file the necessary Event Sanction Request form with American Volkssport Association to have this walk event sanctioned. Thank you very kindly for your help in this matter, Joe E. Aycock Treasurer Patrick Pacers Volkssport Club AVA # 140 http://www.angelfire.com/fl4/patrickpacers Walking Along Florida's Scenic and Historic Space Coast Since 1982 SEBASTIAN CITY 5 & 11 KILOMETER WALK DIRECTIONS NOTE: FOR 5 KM WALK, follow directions in Steps 1 through 5. FOR 11 KM WALK, follow directions in Steps 1 through 4 and 6 through 17. 1. Upon leaving START point cross Indian River 9. Dr., turn LEFT onto the sidewalk and walk to Davis St. (2.4 KM/1.5 miles) Turn LEFT onto Davis St, walking on the left side of the street for one block. (No sidewalk.) Tum LEFT onto North Central Ave., walking on the sidewalk to the left of the street. Walk along North Central Ave. until it intersects with highway U.S. 1. (3.2 KM/2 miles). CONTINUE walking South along U. S. 1 to Main St. (3.9 KM/2.4 miles) NOTE: You will pass Mel Fisher's Treasure Museum at the intersection of U.S. 1 and Jefferson St. You may want to visit the museum for a "hands-on modern day experience in under sea archeologyf 5 KM DIRECTIONS 5. FOR 5: KIM Trail ONLY 5.Ar ,CONTINUE walking South along U.S. ii:_to Fellsmere Blvd. (SR 512). 5.B. Turn LEFT at Fellsmere Blvd. and return to START/FINISH point in Riverview Park. 10. 11. 12. Turn LEFT onto Easy St. NOW YOU REALLY ARE "ON EASY STREET." CONTINUE on Easy St., CROSSING Park Ave. then TURN RIGHT onto the sidewalk. You will see the only CI~ECKPOINT on this walk just ahead under the first big beautiful tree. Stop and get your Start Card stamped and refresh yourself with some water and candy. After completing the Checkpoint routine, CONTINUE walking, keeping the lake on your LEFT, walk around Lake Easy and Easy Park. (7.1 KM/4.4 miles) Upon reaching Easy St. turn RIGHT on Easy St. (NOTE: At the intersection of Easy St. and Lake Dr., Easy Street changes direction 45 degrees to the LEFT.) 13. CONTINUE walking on Easy St., walking on the left side facing traffic (No sidewalk), until you reach a sidewalk prior to CR 512 (Fellsmere Rd.). 14. Turn LEFT onto the sidewalk and continue walking approximately 1.1 miles to highway U.S. 1. CONTINUE 11 KM DIRECTIONS 6. FOR 11 KM Trail ONLY: CAUTION Use crosswalk at traffic light to cross highway U.S. 1 7. Turn RIGHT and CROSS highway U.S. 1 onto Main S.t. NOTE: Restrooms are available in the building behind and to the left of City Hall. Follow the sidewalk that is adjacent to the City Hall building and the restrooms will be on your right as you enter under the covered walkway. 8. Follow Main St. for 1 mile to Easy St. (5.5KM/3.4 miles) 15. Upon reaching highway U.S. 1, turn LEFT and walk to Main St. CAUTION Use crosswalk at traffic light to cross U.S. 1. 16. At Main St. turn RIGHT, CROSS U.S. 1 and turn RIGHT, and walk to Fellsmere Blvd. 17. Turn LEFT at Fellsmere Blvd. and return to START/FINISH point in Riverview Park. Thankyou for your participation. ThePatrickPacers hope you have enjoyed your walk in the pleasant and beautiful City of Sebastian, a location previously undiscovered by Volkssporters. ']'brr¢~!tc¢ JR. Moore. 1.225 f'vJ,ai~-t SI.reel Today during the me~.lmg with you, Ranald ttametl and my~[ you requested 'we tax you a. simpt;e drawhtg of rite propo~d route f~r lhe Patrick Pacers \,"ol,kCsi×~rt Club 5 and f f/ KM walk n~ evem's on March 2(×1.2...Below, i.s a l~ine d~a.wing (fi'the trail fbr the 5 aad I ~ KM wal~k~. .... . ....................... ~'.. !~..4.i~Eg~'er.. ~ri_.2,~ i:' ; 11 KM additional trail I~vervie~a, Pk. "',,. STAiRT/FI3f:IfSItt; .'! lSubject: An ordinance adopting an amendment to the comprehensive plan by implementing school siting and collocation criteria per state regulations. Appr ed fo~IrlSml ' Exhibits: Ordinance No. O-01-21, paragraph 163.3177(6)(a) F.S. EXPENDITURE ' AMO~T BUDGETED: REQUIRED: None None Cit_y of Sebastian, Florida Agenda No. 01. 202 Department Origin: ,Growth Management Tracy E. Hass~~ Date Submitted: August 29, 2001 For Agenda of: September 12, 2001 APPROPRIATION REQUIRED: None SUMMARY Attached you will find proposed language amending the Comprehensive Plan to adopt school siting criteria. Paragraph 163.3177(6)(a), Florida Statutes, F.S. requires local governments to include public school siting criteria in their comprehensive plans. Specifically, local plans are to: clearly identify those land use categories in which schools are an allowable use; encourage the location of schools proximate to urban residential areas; and to collocate public facilities, such as parks, libraries and community centers with schools to the extent possible. The City, within the Comprehensive Plan, detailed school-siting criteria, however, the State Department of Community Affairs has determined that we haven't sufficiently provided proper language for school collocation. Therefore, attached you will £md the proposed language, which satisfies the Department of Community Affairs. The City will not be permitted to officially adopt changes to the Comprehensive Plan until the school siting criteria has been added. Therefore, the Sembler/Kirrie land use amendment and the Davis land use amendment cannot become effective until the City adopts the school siting criteria as proposed by staff. The Planning and Zoning Commission held a public hearing and reviewed the proposed Ordinance at a regularly scheduled meeting on August 16, 2001. RECOMMENDED ACTION Hold a public hearing and adoption hearing and move to pass Ordinance No. O-01-21. ORDINANCE NO. 0-01-21 AN ORDINANCE OF TIlE CITY OF SEBASTIAN, FLORIDA, AMENDING THE COMPREItENSIVE PLAN TO PROVIDE SCHOOL SITING CRITERIA; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. WHEREAS, Florida Statute 163.3177 requires local governments to adopt school siting criteria as part of that community's Comprehensive Growth Management Plan; and WHEREAS, the City transmitted proposed language for said criteria to the Department of Community Affairs on April 11, 2001, and the Department has indicated that the proposed criteria will comply with state requirements; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian, Florida, held a public hearing and considered the criteria'at its August 16, 2001 meeting, and recommends that City Council adopt the same; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. COMPREHENSIVE PLAN TEXT AMENDMENT. The Comprehensive Growth Management Plan of the City of Sebastian is hereby amended to add the school siting criteria provisions set forth in the attached Exhibit "A". Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective upon issuance of a Notice of Intent by the State of'Florida Department of Community Affairs to find this Comprehensive Plan Amendment in compliance. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to vote, the vote was as follows: Mayor Waker Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember james Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 12nd day of September, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian: Sally A. Maio, CMC City Clerk Rich Stringer, City Attorney k63.3177 Required and optional elements of comprehensive plan; studies )AS I S Page 1 (6) In addition to the requirements of subsections (1)<5), the comprehensive plan shall include the following elements: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public buildings and grounds, other public facilities, and other categories of the public and private uses of land. The future land use plan shall include standards to be followed in the control and distribution of population densities and building and structure intensities. The proposed distribution, location, and extent of the various categories of land use shall be shown on a land use map or map series which shall be supplemented by goals, policies, and measurable objectives. Each land use category shall be defined in terms of the types of uses included and specific standards for the density or intensity of use. The future land use plan shall be based upon surveys, studies, and data regarding the area, including the amount of land required to accommodate anticipated growth; the projected population of the area; the character of undeveloped land; the availability of public services; the need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community; and, in rural communities, the need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. The future land use plan may designate areas for future planned development use involving combinations of types of uses for which special regulations may be necessary to ensure development in accord with the principles and standards of the comprehensive plan and this act. In addition, for rural communities, the amount of land designated for future planned industrial use shall be based upon surveys and studies that reflect the need for job creation, capital investment, and the necessity to strengthen and diversify the local economies, and shall not be limited solely by the projected population of the rural community. The future land use plan of a county may also designate areas for possible future municipal incorporation. The land use maps or map series shall generally identify and depict historic district boundaries and shall designate historically significant properties meriting protection. The future land use element must clearly identify the land use categories in which public schools are an allowable use. When delineating the land use categories in which public schools are an allowable use, a local government shall include in the categories sufficient land proximate to residential development to meet the projected needs for schools in coordination with public school boards and may establish differing criteria for schools of different type or size. Each local government shall include lands contiguous to existing school sites, · to the maximum extent possible, within the land use categories in which public schools are an allowable use. All comprehensive plans must comply with the school siting requirements of this paragraph no later than October 1, 1999. The failure by a local government to comply with these school siting requirements by October 1, 1999, will result in the prohibition of the local government's ability to amend the local comprehensive plan, except for plan amendments described in s. 163.3187(1)(b), until the school siting requirements are met. An amendment proposed by a local government for purposes of identifying the land use categories in which public schools are an allowable use is exempt from the limitation on the frequency of plan amendments contained in s. 163.3187. The future land use element shall include criteria which encourage the location of schools proximate to urban residential areas to the extent possible and shall require that the local government seek to collocate public facilities, such as parks, libraries, and community centers, with schools to the extent possible. City of Sebastian, Florida Subject: Re-adoption of Ordinance No. O-00-05, a large-scale amendment to the comprehensive plan which amends the future land use map to Industrial (iN) for certain property located adjacent to Dale Street just South of Gibson Street along the far Northern City limits, containing 14.85 acres more or less. i 01.172 Agenda No. Department Origin: .Gr~owth Management Tracy E. Hass ,,,~ Date Submitted: August 29, 2001 For Agenda of: September 12, 2001 Exhibits: O-00-05, Application for Comprehensive Land Use Change, Location Map, Staff Report and P&Z recommendation. EXPENDITURE REQUIRED: None IAMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY In accordance with Paragraph 163.3177(6)(a), Florida Statutes, which requires local governments to include public school siting criteria in their comprehensive plans, the City will not be permitted to officially adopt changes to the Comprehensive Plan until school siting criteria has been added. Therefore, the Sembler/Kirrie and Davis land use amendments must be re-adopted after adoption of Ordinance O-01-21, which includes the requisite school siting criteria. C.N.K. Inc. has submitted an application for a large-scale amendment to the comprehensive plan, which amends the future land use map to Industrial (IN), fi.om Low Density Residential (LD) for 14.85 acres of land. The property in question is adjacent to Dale Street just South of Gibson Street along the far Northern City limits, via Roseland Road access. The property owner previously requested re-designation of the land use to LD and zoning to RE-40 to accommodate residential/equestrian use. However, the owner now wishes to change the land use designation to IN to accommodate a proposed Styrofoam manufacturing facility. A Habitat Conservation PlaWScmb Jay Habitat area lying within the corporate limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4.85 lies adjacent to residential/mixed use property lying within unincorporated Indian River County. Attached you will find an application for comprehensive land use change, a detailed staff report and a location map. Additional attachments include the transmittal letter to the Department of Community Affairs (DCA), the DCA Objections, Recommendations and Comments report, along with a series of letters addressing the concerns that were raised within said report, and the new school siting criteria language as requested by DCA. The planning and zoning commission recommended approval of this comprehensive land use change at their regular meeting on January 20, 2000. Furthermore, the City Council passed the first reading of Ordinance No. 0-00-05 at a public hearing held on February 23, 2000. RECOMMENDED ACTION Hold a public hearing and move to re-adopt Ordinance No. 0-00-05. ORDiNANCE NO. O-00-0~; AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW-DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING ]FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of the C. N. K., Inc., for an amendment to change the land use for certain property, as reflected on the Future Land Use Map from LD (Low-Density Residential) to IN (Industrial Use); and WltEREAS, the City Council has considered the criteria identified in Section 20A- l 1.8(c) of the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and Wi:ItEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL O]F THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The small scale amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: Lots 16, 27 and 28, Section 30, Fleming Grant, (as subdivided by he Carter Survey as recorded in filed in Plat Book 2 Page 11 of the Public Records of Brevard County, Florida, and A.A. Berry's Plat as recorded in filed in Plat Book 2 Page 25 of the Public Records of Brevard County, Florida). Section 2. I)ESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to IN (Industrial Use) for the affected property as described in Section 1, above. Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon issuance of a Notice of Intent by the Florida Department of Community Affairs finding the amendment herein in compliance. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading by Councilmember ~,/~ &~q~_.~ The motion was seconded by Councilmember ~,~ Y and, u~/pon being put to a vote, the vote was as follows: Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Walter Barnes Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. Kathryn M.' OrHallb/ran, CI~IC/~ City Clerk ADOPTION Ordinance was moved for adoption by Councilmember The seconded by Councilmember to a vote, the vote follows: being put Mayor Chuck Neuber Councilmember Joe C( Ben A. Bishop Edward J. Majcher, Jr. See next page - change of City pursuant to March 2000 and 2001 Council members elections. ADOPTION The foregoing Ordinance was moved for adoption by Councilmember Ma j chef The motion was seconded by Councilmember Barczyk and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill ~-ye nay aye aye nay day of The Mayor thereupon declared this Ordinance duly passed and adopted this 11 th July ,2001. CiTY OF SEBASTIAN, FLOR/DA ATTEST: Sally A. ~M'aio, CMC City Clerk Walter Barnes, Mayor Approved as to form and legality for reliance bY the City of Sebastian only: UPON RE,tEARING AND RECONSIDERATION Upon direction of the State of Florida Department of Community Affairs, Ordinance O-00-05 was readvertised for public heating and reheard this 12t~ day of September, 2001, following adoption of Ordinance O-01-21 amending the Comprehensive Plan to enact school siting criteria, whereupon the following action was taken by City Council: The foregoing Ordinance was again moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James A. Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 12~ day of September, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian Development Order Application Permit Application No. Applicant (if not owner, written authorization (notarized) from owner is requ!.red) Name: Phone Numben (~/) E-Mail: FAX Number: (5"~I) ~C"'~' ~ Owner (If different from applicant) ... Name; ' Address: · / ..Z.,,.,,,,",',:, ,-, /? ,',,*,. PhOne Nu'mber. (~G / ):,~ - "' FAX Humbert ( ' -~' ? d-/%z E-Mail: Type of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2" Ry 1 1" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. A3-rACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): " B. Site Information Address: Lot:_r Block: Unit: Subdivision: _ Indi~ Rlv'br County Parcel #: ...... Zoning Classification: Future Land Use: Existing Use: Proposed Use: C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): /7 .. ~" ~- c. / /.//," ,- ;'; ~' DATE RECEIVED: l o~./~¢~../~ iForrn CD-2OOf Approved: 08/27197 FEE PAID: ~~~)._' RECEIVED ~ Page '/ of 3 [ Development Application ~ File Name: Dca Permit Application No. D. project Personnel: Agent: Name: ¢ Address Phone Number:. / - FAX Number. (,~-~/) E-Mail: .. Attorney: Address Phone Numbe~. (3~/) FAX Number:. ( ~g / ).~ ~'°r¢- E-Mail: Eng!neer: . /~' /..//{ Address Phone Number: ( ) - FAX Numben ( ) E-Mail: Surveyor: Address Phone Numbe~ (g~f) F~ Numbec (~f) · ~-; ~ Y / ¢/ ~¢ ~ 7 / ~ o E-Mail: I, ~ -J~ · ~._1.~.~! ~'-- , BEING FIRST DULY SWORN, DEPOSE AND SAYTHAT: I AM THE OWNER..~ I. AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS TH~'"~'UBJECT MAII'ER OF THIS' APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF, SIGNATURE DATE " ' .... WHO I,.~-I~SOI~AL~_Y KNC3wN .-'"'"'"'""'~E OR PRODUCED mm AS IDENTIFICATION, THIS ~_,(~ NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: ... DAY OF ~ 19 I" Fom.~ cD-2'bo~ PProve~: 08/27157 Revision: P~( File Name: Doa Permit Application No, The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and. appeals. I]~/VE, ~ THE OWNER(S) _.~THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICN IS THE SUBJECT'OF THIS APPLICATION; HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ~./~I~J/~/[f~_~- BOARD/COMMISSiON OF THE CiTY OF SEBASTIAN (THE "BOARD"~'COMMISSION") TO PHYSICALLY ENTER UPON'THE PROPERTY '~~R'FY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/~JE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI*JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIDA/ING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEVVING, THiS WAIVER AND CONSENT IS BEING SIGNED BY ME./US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BYANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN, sI~NATI~IR~ /~ : DAlE Sworn to and !bed before me by ~.,/tJ . who is me or produced as identification, this Notary's Signature Pdnted Name of Commission No./Expiration Seal: June 19, 2[]00 Form CD-200'I I Approve~f.: 08/27/97 page 3 of 3 Revision: Development Application File Name: Doa Permit Application No. Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDITIONAL PAGES IF NECESSARY; I'~ 1. Current land use /-- ,~ map designation: ~ 2. Proposed land use map designation: ~.~-~ ,~,,7 ?.F/~ ~ 3. Size of project in acres: Describe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the City. ~,//Z~r ...... Is the proposed amendment consistent with comprehensive plan? If not, which one(s)? the other elements of the Is the proposed amendment in conformance with applicable substantive requirements of the city of Sebastian Code of Ordinances? If not, which one(s)? 2_~J JForm CD-2008 Approved: 8/27/97 Revision: Page f of 3 Comp. Plan Amend. (Land J Use) File Name: Sicpalu Permit Application No. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed Is the proposed amendment compatible with the existing or future land uses of the city? if not, why not?. 0~/.~¢~¢ Are there adequate public facilities to serve the proposed land use? / which one(s) are not adequate? ~/~__c/ If not, Would the proposed amendment result in a sighificant adverse impact on the natural environment? If so, describe the impact. /~C,. lFotrn C.D-2008 [ Approved~ 8/27/9T Page 2 of 3 Revision: Comp. Plan Amend. (Land ._U~) Pile Name: Sicpalu Permit Application No. ~ 11. Would t~e proposed amendment adversely affect the property values of the area, the general health, safety and welfare and impact the financial resources of the city? If so, describe how. /~.J~ ~ 12, Does the proposed amendment result in an orderly development pattern? If not, des~be. .~-~ 13. Attached me following: a, A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executve officers will be sufficient. ~ b. Attacfl a list of the names and addresses of all owners of par=els of real property within three hundred (300) feet of the parcel to be considered. , ,, c. A survey and legal description of the property for which the land use amendment is being requested. ; I ~;~v~: ~7/97 1~ " Peg-, 3 of 3 I Camp, Plan Amend. (Land I Revision: I File Name: $icpalu LEGEND FUTURE LAND USE C~MM~RCIAL 51 ~ CO~4MEROAL. ~l'rEo ~ INDUb"/'PeAL AViATiON ° 1 Q ZW~O~ i I ~ tn 0 D~ ~=~z=<<~ °~--~z~ . ~ m~ ~< ~ ~ O ~ ZZ m~ ~O ~ ~Z~ ~~ o ~ .Ou~zu ~ zU~ ~z i~o~Z w~u~ Z~ i° --0 m ~ --~0u ~ ~~ ~o>jw .~j~w~jz ~ z~~< :wo~ I ',~,,,0 ~ ~ ~ ~ ~<2 w~ !o~wz ~< I ~ ~ , ~OZ ~O~w~ ': _ ~ _ -. . ~ .'~ ~.. .... -~ w<~z< ~~ ~ o<o~o..~ ~ ~o~§<o ' J '~ J~--~ ~ 0 : i ~OW ~: .W ~ i ~¢~. ~w~=~<<~ =~ wzm ~< ¢~'--"--~<~1 Growth Management Department Comprehensive Plan Amendment Application Staff Report 1. Project Name: 2. Requested Action: 3. Project Location a. Address: b. Legal: C. 4. Project Owner: C.N.K. inc. Land Use Change from LD to iN Lots 16, 27, 28 Fleming Grant Indian River County Parcel Number: 00-30-38-00001-0300-00016.0 Project Agent: Project Engineer: Project Surveyor: Project Description a. Charles Day Sembler 1731 Indian River Drive Sebastian, Florida 32958 (561) 589-5142 C.N. Kirrie 12855 79th Avenue, P.O. Box 144 Roseland, Florida 32957 (561) 589-5547 N/A Carter & Associates 1708 21't Street Vero Beach, Florida 32960 (561) 562-4191 Narrative of proposed action: C.N.K. Inc. has submitted,,., an application for a large-scale amendment to the comprehensive plan, which amends the future land use map to Industrial (IN), from Low Density Residential (LD) for 14.85 acres of land. The property in question is adjacent to Dale Street just South of Gibson Street along the far Northem City limits, via Roseland Road access. The property owner previously requested re-designation of the land use to LD and zoning to RE-40 to accommodate residential/equestrian use. However, the owner now wishes to change the land use designation to IN to accommodate a proposed Styrofoam manufacturing facility. A Habitat Conservation Plan/Scrub Jay Habitat area lying within the corporate limits of the City of Sebastian surrounds 10 acres of the subject property, The remaining 4.85 lies adjacent to residential/mixed use property lying within unincorporated Indian River County. Current Zoning: RE-40 Adjacent Properties Zoning Future Land Use North: Rose-4 East: A-1 South: C West: C/Rose-4 Current Land Use ResidentialNacant (County) C-IN Residential (County) C-IN Vacant (HCP) C Vacant (HCP) C Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Consistent Consistent Consistent Traffic Circulation: Public Facilities: Housing: 14.85 acres Vacant Mykka Pine, Oak, Scrub, Palm Zone X Indian River County Utilities Indian River County Utilities HCP - adjacent Sebastian Police- 6 miles Indian River Fire - 5 miles Coastal Management: Consistent Recreation and Open Space: Consistent Comprehensive Plan Consistency a. Future Land Use: Consistent b, c: d. e. f, 2 10. 11. 12. 13. 14. 15. 16. 17. g. Conservation: Consistent h. Intergovernmental Coordination: Consistent Conformance with Code of Ordinances: Consistent Changed Conditions: Land Use Compatibility: To the north and east of the parcel lies Industrial land within unincorporated indian River County containing a transfer station, and various industrial-manufacturing facilities. The proposed land use classification allows similar uses and is therefore compatible with the neighboring land use classification. To the south and 'west of the property lies conservation property for a scrub jay habitat and future passive recreation facilities. Strange as it sounds, Industrial uses are compatible and preferable neighbors for such habitats. The proposed land use allows more intensive uses than the LD residential designation, but is more compatible with the current land use designations and uses in the surrounding area. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Adequate Public Facilities: The public facilities are adequate for the requested land use change. The proposed use is not expected to impact existing public facilities. Natural Environment: The proposed land use change will not significantly impact the natural resourCeS.' Economic Effect: There will be a greater economic impact created by the land use change. The existing allows for Iow density residential and the proposed will allow high intensity industrial development, which will create a more significant tax base. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development-given the location of the site adjacent to Industrial property, availability of water and sewer and convenient access to CR-512. Public interest: The proposed land use change is not in conflict with the public interest. 18. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Access to Roseland Road will minimize traffic impacts in the area. The proposed land use change will create a slightly greater impact on the water, wastewater, drainage and solid waste facilities. 19. Analysis: C.N.K. Inc. has submitted an application for a large-scale amendment to the comprehensive plan, which amends the future land use map to Industrial (IN), from Low Density Residential (LD) for 14.85 acres of land. The property in question is adjacent to Dale Street just South of Gibson Street along the far Northern City limits, via Roseland Road access. The property owner previously requested re-designation of the land use to LD and zoning to RE-40 to accommodate residential/equestrian use. However, the owner now wishes to change the land use designation to IN to accommodate a proposed Styrofoam manufacturing facility. A Habitat Conservation Plan/Scrub Jay Habitat area lying within the corporate limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4.85 lies adjacent to residential/mixed use property lying within unincorporated Indian River County. 20. 21, Conclusion: The requested land use change from LD to IN is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. Recommendation: Attached you will find an application for compreh"e~:~;i~ land use change, a detailed staff report and a location map. The planning and zoning commission recommended approval of this comprehensive land use change at their regular meeting on January 20, 2000. Furthermore, the City Council passed the first reading of Ordinance No. 0-00-05 at a public hearing held on February 23, 2000. DATE t, owne. r 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 20, 2000 Roll call: Chron. Schulke - yes Mr. Mahoney - yes Ms. Vesia - yes Mr. Barrett - yes Mr. Gerhold - yes Mr. O'Donnell - yes The vote was 6 - 0. Motion carded. PUBLIC HEARING - Recommendation to City Council - Proposed Land Use Change - Lots 16, 27, & 28, Section 30, Fleming Grant C.N.K., Inc. - Low Density to Industrial Use N o ex parte communications were reported. Mr. C. N. Kirtle, 12855 79th Ave., Roseland, was present and, along with Tracy Hass, was sworn in by the Chairman at 7:18 P.M. Mr. Kirrie gave a presentation on his request. Tracy Hass gave staff presentation which recommended that City Council approve this request. Discussion took place and M.r. Kirde answered numeroUs questions. Arty. Stdnger offered information about the Habitat Conservation plan for adjacent property. it was pointed out that on page 3 of the staff report, under item 16, the reference to "CR- 512" should read "Roseland Road". Chmn. Schulke opened the public headng at 7:38 P.M. Mr..Fred Mensing, an adjacent property owner of lot #15, was sworn in at 7:39 P.M. and spoke in favor of this request. There were no opponents present and the public hearing was closed at 7:41 P.M. MOTION by Barrett/Gerhold I'll recommend the recommendation to City Council for approval on proposed land use change on Lot 16, 27, 28 and 30, Fleming Grant, C.N.K. Inc., to Industrial. (This motion should not have included Lot 30, as it is not part of this application. This motion shall be corrected at the next regular meeting, for the record,) Ms. Vesia . - yes Mr. Mahoney ~ yes Mr. Genhold -yes Chmn. Schulke - yes Mr. Barrett - yes Mr. O'Donnell - yes The vote was 6 - 0. Motion carried. City of Sebastian, Florida Subject: Re-adoption for Ordinance No. O-01-09, land use change request from L-2 (Low Density Residential, 6 units per acre) to MDR (Medium Density Residential, 8 units per acre) for an 80-acre enclave situated south of South Moon Under Subdivision and West of Schumann Lake. Agenda No. 01.0 9 9 a Department Origin2 ,Qrowth Management Tracy E. Hass ~'J/~ Date Submitted: August 29, 2001 For Agenda of: September 12, 2001 Exhibits: O-01-09, Application for Land Use Change, .. Location Map, Staff Report, P&Z recommendation, and the DCA Objections, Recommendations, and Comments (ORC) report. EXPENDITURE REQUIRED: [ AMOUNT BUDGETED: APPROPRIATION REQUIRED: None [ None None SUMMARY In accordance with Paragraph 163.3177(6)(a), Florida Statutes, which requires local governments to include public school siting criteria in their comprehensive plans, the City will not be permitted to officially adopt changes to the Comprehensive Plan until school siting criteria has been added. Therefore, the Sembler/Kirrie and Davis land use amendments must be re-adopted after adoption of Ordinance O-01-21, which includes the requisite school siting criteria. The proposed Davis PUD is located on an 80-acre enclave situated South of South Moon Under Subdivision and West of Schumann Lake. The Davis family has requested annexation of the property and approval of the associated conceptual development plan. The conceptual development plan is included as part of the submittal package. Additionally, the property is currently zoned A-1 (Agricultural) with an L-2 (Low Density Residential, 6 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R, with an underlying zoning, designation of RM-8 (multi-family) and a comprehensive land use designation of MDR (medium density residential). The conceptual plan outlines a total of 8 blocks containing 434 total units with single-family units along the perimeter and multi-family units in the interior. The purpose for doing so is to provide a single-family buffer along the perimeter where there are existing single-family units. The proposed constitutes a gross density of 5.35 units/acre and a cumulative density of 7.32 units/acre (total land area minus 10.9 acres of lake area and 10.8 acres of roadways). The Planning and Zoning Commission reviewed the proposed land use and zoning change and accompanying conceptual development plan at their regular meeting on March 15, 2001. Additionally, the Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request. Furthermore, the City Council passed the first reading of Ordinance No. O-01-09 at a public hearing held on April 11, 2001. RECOMMENDED ACTION Hold a public hearing and move to re-adopt Ordinance No. O-01-09. · ORDINANCE NO. O-01-09 AN ORDINANCE OIF TI~ CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICI:[ AMENDS THE FUTURE LAND USE MAP TO DESIGIqATE INITIAL LAND USE CLASSIFICATION OF MEDIUM DENSITY RESIDENTIAL (MDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS LOW DENSITY RESIDENTIAL, 6 UNITS PER ACRE (L-2) FOR LAND CONSISTING OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART SECTION 18, TOWNSKll' 31, RANGE 39; AUTHORIZING FINDINGS AND .ADMINISTRATIVE ACTiONS; PROVIDING FOR CONFLICTS; PROVIDING 'FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of Brian Davis for 'an amendment to designate an initial land use for certain property considered for annexation from its ex/sting County Future Land Use Map designation of L-2 (Low-Density Residential, 6 units per acre) to M2DR (Medium'Density Residential) in the City; and WHEREAS, the Ciiy Council has considered the criteria identified in Section 20A-l.1.8(c) of the Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearings to receive citizen input; and WItEREAS, the City Council has considered the applicable provisions of the existing Comprehensive Land Use Plan; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Land Use Plan, are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian. NOW, T]ffEREFORE, BE IT ORDAINED BY ~ CITY COU-NCI]L OF TffE CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian Kiver County, Florida: The West ~/i of the Northwest ¼ of Section 18, Township 31, Kange 39 in Indian River County, Florida. Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include and designate MDt~ (Medium Density Kesidential) for the affected property as described in Section 1, above. Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the evem a court of competem 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 or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Community Affairs finding the amendment herein in compliance and annexation of the property into the corporate limits of the City of Sebastian. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 1 lth day of 2001, by Coun¢il~ember /~{~)//~ The motion was seconded by April, Councilmember ...... and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A: Bishop Councilmember Joe Barczyk Councilmember ~Edward J. Majcher, Jr. Councilmernber James A. Hill Sally Al '~ CMC ' City Clerk ADOPTION' The foregoing Ordinance was moved for adoption by Councilmember Bar c zyk The motion was seconded by Councilmember Mai chef and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James A. Hill aye "ab'§ent aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this 8 th day of August ,2001. Sally A. lVl~o, CMC City Cle CITY OF SEBASTIAN, FLORIDA By: IAi ~ ~,,~-~ Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich String~rl City A~omey UPON REHEARING AND RECONSIDERATION Upon direction of the State of Florida Department of Community Affairs, Ordinance O-01-09 was readvertised for public hearing and reheard this 12th day of September, 2001, following adoption of Ordinance O-01-21 amending the Comprehensive Plan to enact school siting criteria, whereupon the following action was taken by City Council: The foregoing Ordinance was again moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James A. Hill The Mayor 'thereupon declared this Ordinance duly passed and adopted this 12th day of September, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian Development Order Application Permit Application No. Applicant~lf not owner, written authorization lnotarized) from owner is r~ Name: RANDY L. MOSBY, P.E. Address: 2455 14TH AVENUE VERO BEACH, FL 32960 PhoneNumber:(561 ) 569-(;035 FAXNumbec (561) 778-336'17 E-Mail: Owner. (If different from applicant). Name: MR. BRIAN DAVIS Address: 9347 141st AVENUE FELLSMERE, FL 32948 PhoneNumbe~. (561) 473-0246 FAZNumbe~. (561) 56~-0089 E-Mail: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, 'DRAWINGS, ETC. SHALL BE A~-rACHED AND 81/2" BY 11" COPIES OF ANY ATCTACHMENTS SHALL BE INCLUDED. A'I-FACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A.. Project's Name (if applicable): DAVIS 80 ACRE PUD B. Site Information Address: Lot: Block: · Unit: Subdivision: W ½ OF THE NW ¼ OF S18, T31, R39 Indian River County Parcel ~ I 8-31-39-00001-0000_00000.1 Zoning Classification: County AG Future Land Use: LS-2 Existing Use: Vacant Proposed Use: PUD-R C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): change county land use to Cit~. of Sebastian land use DATE RECEIVED: ,~ ,f_,.~/O....~ FEE PAID: RECEIVED Form CD-2001 A~pproved: 08/27/97 1 J Revisior~: tDeveioprnent Application File Name: Doe Page I of 3 Permit Application No. D. Project Personnel: A, ge.nt: Name: MOSBY & ASSOCIATES, INC. Address 2455 14TH AVENUE VERO BEAC}{, FL 32960 PhoneNumbe~.(561) 569-0035 FAXNumbe~. (561) 778-~3617 E-Mail: Attorney: Name: N/A Address Phone NumbeE ( ) FAX Numben ( ) - E-Mail: E?gineer: Name: MOSBY & ASSOCIATES, INC. Address 2455 14TH AVENUE VERO BEACH, FL 32960 Phone Numbe~.(561 ) 569 -0035 FAXNumbeF. (561) 778-3617 E-Mail: Surveyor: Name: HAYHURST LAND SURVEYING Address 1!22 OLD DIXIW HWY. VERO BEACH, FL 32960 PhoneNumbec.(561) 569 - 6680 FAXNumbe~. (561) 770- 3446 E-Mail: I, BRIAN DAVIS , BEING FIRST DULY SWORN. DEPOSE AND SAY THAT; X~ [ AM THE OWNER __ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH iS THE SUBJECT MA3-FER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APP[~ICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ~IGNATURE DATE ' SWORN TO AND SUBSCRIBED BEFORE ME BY ~E///~/~ ~.~/~ V~/~ ~HO IS PERSONALLY KNOWhtTO M~.OR PRODUCED AS IDENTIFICATION, ~HiS~ DAY OF NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./EXPIRATION SEAL: IFor C 200 Approved: 08/27/97 Page 2 of 3 ~ Revision: Development Application File Name: Dca Permit Application No, The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, exception~, and appeals. I/'VVE, Z. THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE PT,~[~NI[~(~ & BOARD/COMMISSION OF THE CITY' OF SEBASTIAN (THE 'BOARD"~'COMMISSION') TO PHYSICALLY ENTER UPON THE PROPER'FY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING' THE PROPERTY, iNCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL or SUBSTANT]VE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTTTUTION OR THE UNITED STATES CONSTITUTION wERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVEF~ AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CiTY OF SEBASTIAN. DATE Swom to and subscribed before me by_ ~//~ /~-~/~/-~ ...... who is~ly kno~ to .~ or produced as id~fi~io~ thru Nota~'s Sig nature Pdnted Name of Nota~ Commi~ion No./~piration ~ ~ ~G ~/~ seal: ' Form CD-2001 Approved: 08/27/97 P, ~e 3 of 3 Development Application Revision: File Name: DoB Pem~ Appli=ation No. Supplemental Information Comprehensive Plan Amendment (Land Use) ATTACH ADDmONAL PA~..s IF NEC~R. Yo IX.~_ 1. Current land use map designation:, AG ~ 2. Proposed land use map designation: PUD-R iX_~._ 3. Size of project in acres:... 8 0 AC. Des~ibe the impact of the proposed change on the other elements of the comprehensive plan and applicable ordinances of the C~y. NON~ ~_ X~5. Is ttle p~oposed amenament consistent with the other elements of the comprehensive plan? If not, which one(s)? YE$ x Is tl3e proposed amendment in conformance with applicable substantive requirements of the c~ of Sebastian Code of Ordinances? If not, which one(s}? .......YES Pege '1 ef 3 "~m;~ ~an At. ind. (L~nd File Name; SIcpalu Permit Application No. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? [qotq~. ×8. Is the proposed amendment compatible with the existing or future land uses of the city?. If not. why not? ¥:Es .......... ×9. Are there adequate public facilities to serve the proposed land use? which one(s) am not adequate? ¥]~$ If not. 10. Would the proposed amendment result in a significant ac~vema impact on Re natural environment? if so, describe the impact. ~o I ,o,p~oved; .. J Revision: 'Comp. P/~n ~ Nw: $ic~lu Permit Appli~tion No. Would the proposed amendment adversely affect the property values of the ama, the general health, safety and welfare and impact the financial resources of the city?. If so, describe how. NO X 12. Does.the proposed amendment result in an orderty developmer~t pattern? If not, describe. YES _~x 13. Attached the following: X a. A verified statement showing each and every individual person having a legal ancFor equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the naroe and address of the corporation and principal executive offk:ers will be sufficient × b. Attach a list of the names and addresses of all owners of 10am. els of real property within three hundred (300) feet c3f the parcel to be considered. ~ c. A survey and legal description of the property for which me land use amendment Is being requested. iForm C.D.2008 Name: $icpatu all SEBASTIAN GRFF. NS OGDEN I.. LA L m CAPRI HOMF.. Of ~FI:L1CA~ ISl..AND Growth Management Department Comprehensive Plan Amendment Application Staff Report Project Name: Davis 80 Acre PUD-R. Requested Action: Land Use Change from L-2 (County) to MDR Project Location a. Address: b. Legal: Indian River County Parcel Number: 18-31-39-0000-1000-00003.0 18-31-39-0000-1000-00003.1 Project Owner: Brian Davis 9347 141st Avenue Fellsmere, Florida 32948 561-4-73-0246 Project Agent: Randy L. Mosby, P.E. 2455 14~Avenue Vero Beach, Florida 32960 561-569-0035 fax: 561-778-3617 Project Engineer: Same as Agent Project Surveyor: Hayhurst Land Surveying 1122 Old Dixie Highway Vero Beach, Florida 32960 (561) 567-4355 Project Description a= Narrative of proposed action; The proposed Davis PUD is now an 80-acre enclave situated south of South Moon Under Subdivision and West of Schumann Lake. The Davis family has requested annexation of the property and approval of the accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-2 (Low Density Residential, 6 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R, with an underlying zoning designation of RM-8 (multi-family) and a comprehensive land use designation of MDR (medium density residential). The conceptual plan outlines a total of 8 blocks containing 434 total units with single-family units along the perimeter and multi-family units in the interior. The purpose for doing so is to provide a single-family buffer along the perimeter where there are existing single-family units. The proposed constitutes a gross density of 5.35 units/acre and a cumulative density of 7.32 units/acre (total land area minus 10.9 acres of lake area and 10.8 acres of roadways). Current Zoning: Adjacent Properties North: East: South: West: Zoning A-1 (County - Agriculture) Current Land Use Future Land Use RS-20 South Moon Under LD PS Schumann Lake INS RS-10 Sebastian Highlands LD RS-10 Sebastian Highlands LD Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency a. Future Land Use: Consistent b. C: 81.0 acres Citrus Groves Immokalee, Pomello, Myakka Citrus Trees Zone A, Zone X Indian River County Utilities Indian River County Utilities Schumann Park - adjacent Sebastian Police 3 miles County Fire - 3 miles Traffic Circulation: Public Facilities: Housing: Coastal Management: Consistent Consistent Consistent Consistent 2 f. Recreation and Open Space: Consistent 10. 11. 12. 13. 14. 15. 16. 17. 18. g. Conservation: Consistent h. Intergovernmental Coordination: Consistent Conformance with Code of Ordinances: Consistent Changed Conditions: Land Use Compatibility: The adjacent properties to the South and West are designated LD (Low Density Residential) and the area to the East is designated INS (Institutional) and the area to the North is designated LD (RS-20, Low Density Residential). The proposed PUD has incorporated a Low Density perimeter with a Medium Density interior so as to remain consistent and compatible With the surrounding land use designations. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Adequate Public Facilities: Provided - public utilities (water, wastewater) will be incorporated in the development of the proposed PUD and on-site stormwater tracts are also incorporated in the proposal. Natural Environment: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan will be required to demonstrate proper compliance with this regulation. Economic Effect: provided - The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 80 acres of land area and a maximum of 434 residential units, which in turn creates an expanded tax base for the City of Sebastian. Orderly Development: The proposed land use change is consistent with the comprehensive plan and the proposed land use change provides for orderly development given the location of the site adjacent to residential property and availability of sufficient public facilities and access. Public Interest: The proposed land use change is not in conflict with the public interest. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcel will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of enclave parcels. The proposed land use change will create a slightly greater impact on the water, wastewater, drainage and solid waste facilities. 3 The Planning and Zoning Commission reviewed the proposed annexation and accompanying land use and zoning change at their regular meeting on March 15, 2001. Additionally, the Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request. 19, Analysis: The proposed Davis PUD is now an 80-acre enclave situated south of South Moon Under Subdivision and West of Schumann Lake. The Davis family has requested annexation of the property and approval of the accompanying conceptual development plan. Additionally, the property is currently zoned A~I (Agricultural) with a L-2 land use designation and the applicant wishes to re-zone the property PUD-R, with an underlying zoning designation of RM-8 (multi-family) and a comprehensive land use designation of MDR. The conceptual plan outlines a total of 8 blocks containing 434 total units with single-family units along the perimeter with multi-family units in the interior. The purpose for doing so is to provide a single-family buffer along the perimeter where there are existing single- family units. The proposed constitutes a gross density of 5.35 units/acre and a cumulative density of 7.32 units/acre (total land area minus 10.9 acres of lake area and 10.8 acres of roadways). 20. Conclusion: The requested land use change from L-2 (County) to MDR is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff and the Planning and Zoning Commission recommend the City Council approve the requested land use change with the following conditions: The proposed PUD will be required to contain 2 acres of park space or open recreation areas to satisfy the minimum standards as established by the comprehensive plan. The preliminary development plan shall demonstrate proper compliance with this regulation. The land use change shall be conditioned upon receipt of annexation approval by the City Council. The proper~y owner shall dedicate Fleming Street extension right-of-way during platting phase. The existing mobile home on the property shall be removed prior to construction if annexation of the property is granted by the City Council. PREPARE~ BY DATE 4 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 15, 2001 Randy Mosby, representing Rick Wisner, gave a presentation and offered to answer any questions. Tracy Hass gave staff presentation noting that the APA standards for parking would require eight (8) parking spaces at this site. He also addressed the landscaping required for this site. Chmn. Mather opened and closed the public hearing at 7:12 pm, as there was no public input. In summary, staff recommended approval. MOTION by VesialBarrett I make a motion that we approve the site plan for Wisher Controls at Main Street, Sebastian. Roll call: VC Vesia - yes Mr. Barrett - yes Mr. Smith - yes Mr. Mahoney - yes Mr. Barton(a) - yes Ms. Carbano - yes Chmn. Mather - yes The vote was 7 - O. Motion carried. ]B. Public Hearing - Recommendation to City Council - Comprehensive Plan Amendment- Land Use Map Change- Davis 80 Acre PUD-L-2 (CountY) to MDR - Medium Density Residential Randy Mosby, Mosby & Associates, was present representing the applicant and has already been sworn in. He gave a presentation mentioning annexation of this site into the City of Sebastian. He noted that this site covers items B, C, & D on the Agenda tonight. He also commented that if City Council does not annex this property into the City, all issues before the P & Z Commission tonight become null and void. Randy proceeded to explain the conceptual plan which establishes density. He noted that none of the details are defined in the conceptual plan. Tracy Hass gave staff presentation noting that the conceptual plan, land use and zoning designation are the issues before this Commission tonight. He also indicated that an annexation stbdy is about to be done for the City of Sebastian, and at this time, the County is in favor of all of its enclaves being annexed into the City. He also spoke of the possible extension of Fleming Street, and wetlands that are on the site. Staff recommended approval with the two conditions in the staff report plus a third condition as follows: 3. The property owner shall dedicate Fleming Street extension right-of-way during platting phase. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 15, 2001 On a procedural note, Chron. Mather commented that Items B., C., and D., were all discussed together, and Atty. Stringer indicated that each item should be voted upon separately. Mr. Barrett requested that a fourth condition be added, - namely that the existing mobile home on that property be removed prior to construction if it is accepted for annexation. Randy Mosby agreed that all existing structures would be removed prior to construction. There was some discussion on lot size. Mr. Mahoney commented that this project is a great project, but sees a problem with access to the site. Mr. Mosby responded that he can design around this, but has no details yet. Atty. Stringer noted that these details have not been addressed as yet, but felt it can be worked out. Tracy Hass also addressed this issue and assured Mr. Mahoney that residents will be notified, and this issue will be worked out. Mr. Mosby again noted that at this point, the conceptual plan is all that is at issue. Details of the design will come later and be presented for approval or disapproval. Mr. Mahoney again commented that this is a good plan, but was dissatisfied that some detailed questions could not be answered. Chmn. Mather opened the public hearing at 7:50 pm. Tut Connelly of Kildare Dr. in Sebastian spoke on this project. Ray Halloran, 754 S. Fischer Circle, Sebastian spoke of his misconception of this site being a designated wetland. He also spoke of his concern for construction and pre- construction access to this site. Mr. Mosby did not have answers to these questions at this point. He repeated that this information is not required at this conceptual stage and he is not prepared to provide it. Chmn. Mather closed the public hearing at 7:59 pm. Staff summarization was to recommend approval. B. MOTION by SmithNesia I'll make a motion we accept the site plan review/recommendation to City Council the Comprehensive Plan Amendment, Land Use Map Change - Davis 80 Acre PUD, plus the four (4) conditions in the staff report as amended. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF MARCH 15, 2001 Roll call: VC Vesia - yes Mr. Barrett - yes Mr. Smith - yes Mr. Mahoney - no Mr. Barton(a) - yes Ms. Carbano - yes Chron. Mather - yes The vote was 6 - 1, motion carried, C. MOTION by Barrett/Carbano I'll make a recommendation that we recommend to City Council it be rezoned from A-1 to PUD-R with the four (4) conditions previously stated. Roll call: VC Vesia - yes Mr. Barrett - yes Mr. Smith - yes Mr. Mahoney - no Mr. Barton(a) - yes Ms. Carbano - yes Chmn. Mather - yes The vote was 6 - 1, motion carried. D. MOTION by Smith/Barrett I'll make a motion that we recommend to City Council the PUD Conceptual Development Plan - Davis 80 Acres PUD with the four {4) conditions as amended by staff. Roll call: VC Vesia - yes Mr. Barrett - yes Mr. Smith - yes Mr. Mahoney - no Mr. Barton(a) - yes Ms. Carbano - yes Chron. Mather - yes The vote was 6 - 1, motion carried. Mr, Mosby noted that Mr. Mahoney stated that he was in favor of this project yet he voted no on all motions and he would like to know why. Mr. Mahoney responded that he didn't feel some things have been addressed. CHAIRMAN MATTERS: MEMBERS MA'I-TERS: None Ms. Vesia inquired about the canvas awning sitting on U.S.#l, and Tracy Hass noted that the contractor and owner responded that it will be moved by the end of the week. Ms. Vesia then inquired about the lights along the bike path along CR-512, whether we pay for them whether they are lighted or not because a lot of them are not lighted. It was noted that the City pays whether they are lighted or not. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" ,JEB BUSH STEVEN M. SEIBERT Governor Secretary June 29, 2001 The Honorable Walter Barnes Mayor, City of Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 Dear Mayor Barnes: The Department has completed its review of the proposed Comprehensive'Plan Amendment for the City of Sebastian (DCA No. 01-1), which was received on April 20, 200i--. Copies (~f the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. The Department has reviewed the proposed amendment for consistency with Rule 9J-5, Florida Administrative Code (F.A.C.), Chapter 163, Part II, Florida Statutes (F.S.), and the adopted City Comprehensive Plan. The Department raises no objections to the proposed amendment, and this letter serves as the Department's Objections, Recommendations and Comments Report. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-11.010, F.A.C. Upon receipt of this letter, the City of Sebastian has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in Section 163.3184, F.S., and Rule 9J-11.011, F.A.C. The City must ensure that all ordinances adopting ~mp~;ehensive plan amendments are consistent with the provisions of Section 163.3189(2)(a), Within ten working days of the date of adoption, the City of Sebastian must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; 2555 SHUMARD OAK BOULEVARD -TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488*8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http:/Iwww.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway. Suite 212 2555 S~umard Oak Boulevard 2555 Shurr~rd Oak Boulevan:l 2555 Shuffard Oak Boulevard Marathon. FL 3,.'.'.'.'.'.'.'.'.~)50.2227 Tallahassee, FL 32390-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (305) 289-2402 (850) 488-2356 (850) 413-9969 (850) 488-7956 The Honorable Walter Barnes, Mayor June 29, 2001 Page Two A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if' any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Deparhnent's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011 (5), F.A.C., please provide a copy of the adopted amendment directly to the Michael Busha, AICP, Executive Director of the Treasure Coast Regional Planning Coun- cil. Please contact R/chard W. Post, AICP, Planning Manager, or me, at (850) 487-4545 if you need additional assistance. Sincerely, Roger Wilburn Community Planning Administrator RW/rp Enclosures: Review Agency Comments cc: Tracy Hass, Director, Director, Planning and Growth Management Michael Busha, AICP, Executive Director, Treasure Coast Regional Planning'Council City of Sebastian, Florida O~FiCE O~~ THai C~T~z ATTOR1V~Y~ AGENDA TRANSMITTAl J Subject: Ordinance O-01-22; CNK, Inc. rezoning Agenda No. 01.172 Date Submitted: 9/6/01 For Agenda of: 9/12/01 SUMMARY: First reading of this Ordinance was held August 22, 2001 and the public heating was scheduled for September 12, 2001. However, the title misnamed one lot in the legal description for the property. Although this is a scrivener's error, and generally not substantive enough to require a new first reading, since it involves the legal description of the parcel being rezoned, I feel it is a material change. Thus, to be cautious, I have brought this back for a new first reading as corrected. RECOMMENDED ACTION: Pass Ordinance 0-01-22 on first reading as amended, and schedule publ~hearin~ [or ~ctober 10, AUTHORIZED PLACEMENT ON AGENDA BY CITY MANA~J? ~ ORDINANCE NO. 0-01~22 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLOR[DA, REZONING LOTS 16, 27 & 28, SECTION 30, A.A. ]BERRY SU]BDMSION OF FLEMING GRANT, CONTAINING 14.85 ACRES MORE OR LESS, FROM RE-40 TO IN (INDUSTR/AL); PROVIDING FOR CONFLICT AND EFFECTIVE DATE. W1][EREAS, the C.N.K., Inc., has filed a petition for an amendment to the Zoning Map Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council as made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. NOW TI:IEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTiAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: Lots 16, 27 and 28, Section 30, A.A. Berry's subdivision of the Fleming Grant, according to the plat thereof filed in Plat Book 1, Pages 72 and 73, Public Records of Brevard County, said lands now lying and being in Indian River County, Florida; Containing 14.85 acres more or less. Section 2. DISTRICT. The real property described in this Ordinance is hereby rezoned from RE-40 to IN (Industrial). Section 3. ZONING MAP. The official City Zoning Map shall be amended to reflect this change in zoning district. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective one day following the effective date of Ordinance 0-00-05. The The motion was seconded by Councilmember vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill foregoing Ordinance was moved for adoption by Councilmember and, upon being put to a The Mayor thereupon declared this Ordinance duly passed and adopted this l0th day of October, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian: Sally A. Maio, CMC City Clerk Rich Stringer, City Attorney HOME OF PEUCAN iSLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Authorize City Manager to Execute Agenda No. 0i. 1 FRDAP Grant Agreement for Riverfront Property Acquisition Department Origin: //I"~A~ Su~,,v~ity Manager / Date Submitted: 8/23/01 i Ex----h ibit..s_:...G ra ~t~g rede me ?t Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT City Council, by adoption of Resolution No. R-00-51 on September 27, 2000, authorized submittal of an application for a Florida Recreation Development Assistance Program (FRDAP) grant for the acquisition of waterfront property adjacent to the former Good Guys, Inc. property. At the August 22, 2001 regular meeting, City Council authorized the execution of closing documents for the property acquisition contingent upon the receipt of the grant funds. The grant is in the amount of $200,000, and is a 50/50 match. The FRDAP Project Grant Agreement (DEP Contract Number F0370) has been received and I am requesting authority from City Council to execute the agreement. RECOMMENDED ACTION Move to authorize the City Manager to execute the Florida Department of Environmental Protection Florida Recreation Development Assistance Program Project Grant Agreement (DEP Contract Number F0370). jeb Bush Governor Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 David B. Struhs Secretary August 15, 2001 Mr. Ralph Brescia City Engineer City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Expansion of Riverview Park FRDAP Project No. F02370 Dear lVlr. Brescia: Thank you for your letter accepting the Florida Recreation Development Assistance Program (FRDAP) grant. The grant agreement has been prepared in accordance with your acceptance letter, it is important that you review the agreement to ensure that information specific to your project is accurate. Please execute and return both original copies of the agreement. In signing the agreement, do not complete the blank space for the date. Our staff will date the agreement when formally executed by the Department and one original copy will be returned to you. Thank you for your attention to this matter. If you have any questions, please contact us at (850) 488-7896 or Suneom 278-7896. Sincerely, · A. Diane Langston Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 ADL/lp Enclosure "More Protection, Less Process" Prim:ed on recycl~ pal~er. F0370 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Acquisition This Agreement is made and entered into this day of , 200__, by and between the State of Florida, DEPARTMENT of Environmental ProteCtion, hereinafter called the DEPARTMENT, and the City of Sebastian, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.0'75, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: This Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part 'V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23, 2000, which is incorporated into this Agreement as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this Agreement. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Expansion of Riverview Park (Florida Recreation Development Assistance Program, FRDAP Project Number F02370), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for the acquisition of that real property, the legal Page 1 of 11 description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034. Within three (3) years from the completion date set forth in the PROJECT completion certificate, unless extended by the DEPARTMENT staff for good cause at the written request of the GRANTEE, the GRANTEE will construct, or cause to be constructed, certain public outdoor recreation facilities and improvements in accordance with the following development elements: Playground, picnic facilities, and other related support facilities. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $200,000, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $200,000 50% GRANTEE Match $200,000 50% · Type of Match Cash and/or In-kind Services The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre- audit and post-audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A037, referenced in s. 62D-5.058(6)2(g), the DEPARTMENT will approve the request for payment. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Agreement by reference as if fully set forth herein. Ail purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution shall be reported to the DEPARTMENT Page 2 of 11 and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. Pursuant to s. 215.422, Florida statutes, the Department's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the payment requests for payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at (850)410-9724 or (800)848-3792. In accordance with s. 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE interest at a rate as established by s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to s. 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 12 (1999-00) dated December 2, 2000, has been set at 11.0% per annum or .0003014% per day. The revised interest rate for each calendar year beyond 2000 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922-5942. Page 3 of 11 It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the Comptroller of Florida in accordance with s. 17.03, Florida Statutes. 10. PROJECT funds may be reimbursed for eligible pre-agreement expenses (as defined in s. 62D-5.054(29) of the RULE) incurred by GRANTEE prior to execution of this Agreement as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Agreement with the exception of those expenditures which meet the requirements Of the foregoing sections of the RULE. 11. Prior to commencement of PROJECT acquisition, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Acquisition Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-D.058(6) (f) of the RULE, to the DEPARTMENT upon determining that the documentation complies with the RULE, the DEPARTMENT will give notice to GRANTEE to commence the acquisition and approve the request for payment. 12. GRANTEE shall complete acquisition of the PROJECT site by The GRANTEE may request up to two (2) one (1) year extensions from the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. This Agreement shall become effective upon execution and the Project must be completed within 5 years, or money may revert. 13. Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: Page 4 of 11 (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes; or (b) If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to.s. 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Agreement. 14. A copy of the audit or attestation as required in Paragraph 13, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 15. In addition to the provisions contained in Paragraph 13 above, the.Grantee shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-l, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-t shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment 1. If the Grantee fails to receive a revised copy of Attachment 1, Exhibit-l, the Grantee shall notify the Department's Contracts Administrator at 850/488-7896 to request a copy of the updated information. 16. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non- compliance with this Agreement, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. Page 5 of 11 17. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the f~scal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with .jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the three-year retention period. 18. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Agreement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses: Grantee Department Mr. Ralph Brescia City of Sebastian 1225 Main Street Sebastian, Florida 32958 A. Diane Langston Dept.of .Environmental Protection 3900 Commonwealth Blvd., MS 585 Tallahassee, Florida 32399-3000 19. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 20. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. Page 6 of 11 21. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 22. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDA? funds provided to the GRANTEE for non-compliance with the material terms of this Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall be calculated and determined pursuant to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT to the date repayment is made by GRANTEE. 23. The GRANTEE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the GRANTEE'S contract will include the requirements of this paragraph in all subcontracts made to perform this Agreement. 24. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D- 5.059(2). Land under control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT.completion certificate. All dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasOnable times and shall be managed in a safe and attractive manner appropriate for public use. 25. Failure to comply with the provisions of the RULE or the terms and conditions of this Agreement will result in Page 7 of 11 cancellation of the Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this Agreement a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period state in the written notice shall result in cancellation of the Agreement and may result in the imposition of the terms in Paragraph 22. 26. In the event of conflict in the provisions of the Rule, the Agreement and the Project Application, the provisions of the Rule shall control over this Agreement and this Agreement shall control over the Project Application documents. 27. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the DEPARTMENT shall cancel this AGREEMENT. 28~ The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 29. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 30. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 31. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. Page 8 of 11 32. The employment of unauthorized aliens by any GRANTEE is considered a violation of s. 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Agreement. 33. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 34. The Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by law. 35. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 36. This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. Page 9 of 11 37. This Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the Department. 38. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Division Director (or Designee) Division of Recreation and Parks By: Title: Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 Address: 1225 Main Street Sebastian, Florida 32958 5EP Contract Manager~ / Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on June 6, 2001 for use for one year. Grantee Attorney DEP 42-058 Revised 05-18-2001 Page 11 of 11 Attachment SPECIAL AU-mT REQUmE,M SWS The administration of funds awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP', "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred t~ as the "Contractor'; Grantee!' or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this ~ection. MO~TO~NG In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see ';AuDITS'' below), monitoring procedures may include, but not be limited to, on-site visits by.Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructiOns provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular Aq33, as revised. EXI-IIBiT 1 to this agreement indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year,-the recipient shall Consider all sources of Federal awards,, including Federal' funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133., as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit reqUirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions Of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds '(i.e., the cost of such an. audit must be paid from recipient funds obtained from other than Federal entities). 4. The recipient may access informati6n regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os:dhhs.gov/cfda. PART II: STATE FUNDED' This part is applicable if the recipient is a nonstate entity as defined by Section 215.97~2)(1)} Florida Statutes. 4J The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised. (the number of copies required by Sections .320 (d)(1) and (2), OlVrB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters 'issued by the auditor, to the Department of Environmental Protection at each of the following addresses: ' · A. Diane Langston · Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General · 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: A. Diane Langston Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 .Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 Copies of reports or management letters required by. PART IIi of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: C. ity of Sebastian, Florida Subject: Street closings and Beer Sales for 2nd Annual Sebastian Riverfront Fine Art and Music Festival. /~Rprov~r Submittal by: Agenda No. 01. 149 Department Origin: Parks Supt. Chris McCarthy Dept. Head: Finance: Procurement: Date Submitted: 09/05/2001 For Agenda off 09/12/2001 Exhibits: Memo from Parks Superintendent EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: N/A N/A REQUIIIED: N/A SUMMARY The 2nd Annual Sebastian Riverfront Fine Arts and Music Festival will be held on December 15 & 16, 2001. Festival Chairperson Lisanne Monier would like your approval to close the following streets: Indian River Dr. from Coolidge St. south to Harrison St. and Fellsmere Rd. east of the Hess Station entrance to Indian River Dr. for Festival set up and activities from 3:00 PM Friday 12/14/01 until Sunday 12/16/01 at 5:00 PM. The Chamber of Commerce will secure all permits necessary to handle beer sales at the Festival. They would like your approval for beer sales in the entire Festival area of Riverview Park on Saturday December 15, 2001 from 10:00 AM to 10:00 PM and Sunday December 16, 2001 from 10:00 AM to 5:00 PM. RECOMMENDED ACTION Move to approve closing of Indian River Dr. from Coolidge St. south to Harrison St. and Fellsmere Rd. east of the Hess Station to Indian River Dr. from 3:00 PM Friday 12/14/01 until 5:00 PM Sunday 12/16/01. Move to approve beer sales in the entire Festival area of Riverview Park on Saturday 12/15/01 from 10:00 AM to 10:00 PM and Sunday 12/16/01 from 10:00 AM to 5:00 PM. C~ OF SEBASTIAN HOME OF PELICAN ISLAND 1225 MAIN STREET ,' SEBASTIAN, FLORIDA 32958 TELEPHONE: (561-) 589-5330 ',' FAX (561) 589-5570 MEMORANDUM DATE: TO: FROM: SUBJECT: September 5, 2001 Terrence R Moore, City Manager Chris McCarthy, Parks and Maintenance Superintendent ~ ~ Logistics for 2aa Annual Sebastian Riverfront Fine Arts and Music Festival I met with Lisanne Monier, Chairperson for the Festival yesterday to discuss Logistics for the Special Event. The street closings will be Indian River Dr. from Coolidge St. south to Harrison St. and Fellsmere Rd. east of the Hess Station to Indian River Drive. These closings will start at 3:00 PM Friday 12/14/01 and continue until 5:00 PM Sunday 12/16/01. The Chamber of Commerce will secure all necessary permits to handle beer sales at the festival. They expect 60 to 75 artist and 8 food vendors. Artist and vendors will begin setting up tents and booths on Friday 12/14/01. We will need overnight security on Friday and Saturday nights. The Festival hours will be 10:00 AM to 10:00 PM on Saturday 12/15/01 and 10:00 AM to 5:00 PM on Sunday 12/16/01. The designated non smoking areas are by the playground, volleyball court and the large pavilion. I will meet with Lisanne again before the event to handle any last minute details. "An Equal Opportunity Employer" Celebrating Our 75th Anniversary City,, of Sebastian, Florida Subject: Resurface Courts # 5 & 6 at Schumann Tennis Park /'AXpprov.e0dCor SubtOtal by: Ter Moor~, C~ nager Agenda No. 01.211 Department Origin: Parks Supt. Chris McCarthy Dept. Head: ~'~,~ ~ ~ Procurement: Date Submitted: 09/05/2001 For Agenda of: 09/12/2001 Exhibits: Bid Tabulation Form EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUI~ED: $8,700.00 $10,000.00 REQUIRED: N/A SUMMARY The playing surface of courts # 5 & 6 at the Schumann Tennis Park has deteriorated over the years to the point that numerous cracks have developed which makes playing difficult. Following numerous discussions with experts in the field, the Parks and Recreation Division determined that resurfacing the courts using a fiberglass membrane will correct the situation and provide an excellent playing surface. The purchasing Division researched vendors for this type of work and solicited sealed bids. Froehling's/Papico submitted the lowest bid of $8,700.00 based on the technical specifications prepared for this project. The references submitted by the low bidder for similar projects were investigated and confirm that Froehling's/Papico has a reputation of being responsible, reliable and performing quality work. RECOMMENDED ACTION Move to approve the low bidder Froehling's/Papico of Palm City, Fl. to resurface courts # 5 & 6 at the Schumann Tennis Park in the amount of $8,700.00. All work to be done in accordance with the technical specifications in the bid package. City of Sebastian, Florida Subject: Vacant Land Purchase Behind City Hall. ~/b '~}i~., Manager Agenda No. 01.212 Department Origin: City Manager Finance Date Submitted: August 30, 2001 For Agenda of: September 12, 2001 Exhibits: Map of Land Area being considered. Copy of pages 7-1 and 7-2 of Chapter 7, Recreation and Open Space Element of the Comprehensive Plan and the current inventory of property available for recreation purposes. Copy of Vacant Land Contract from Ira Mark's Commercial Realty EXPENDITLrRE REQUIRED: $178,000 BUDGET AVAILABLE: $0 APPROPRIATION REQUIRED: SUMMARY On August 17, I advised you via my weekly information letter that the parcel behind City Hall was available for purchase and that we had a proposed Contract for Sale and Purchase. The property in question is identified as 9.34 acres of Commercially Zoned property which is cut in a dual triangle shape. Enclosed please find two Plat maps, one which shows the area with the surrounding areas and the other significantly blown up to give a larger perspective of the property. To give you an idea of the size of this property in terms of projected use, Barber Street Sports Complex is ten (10) acres in size. We have enclosed a copy of Chapter 7, Recreation Element of our Comprehensive Plan as well as the current inventory of property available for recreation purposes. For instance, you can see from the Level of Service Requirements, that as of now, with an approximate population of 17,250, the City is behind in various outdoor recreational facilities. From an examination of the Recreation Land Inventory of the Comp Plan, the City has no other opportunities to put together a sizable piece of property necessary to construct such future amenities. This property is ideal for such intended use, since it is bordered on two sides (North and West) by conservation land, one side (South) by City Hall Complex, and on the other side (east) by commercial property, i.e. it will not impact residential areas. We have recommended the purchase be funded by Discretionary Sales Tax in the Fiscal Year 2001/2002 Budget Proposal under Capital Projects since the closing for the sale will not be until after October 1, 2001. ? I realize that I am requesting authorization in advance of funding, however, it is necessary to authorization,provide the seller with the assurance that we will be pm'chasing the property pending budget RECOMMENDED ACTION Move to authorize the City Manager to enter into a contract to purchase 9.34 acres o£property located behind City Hall pending budget authorization with the closing occurring in October 2001. \ ,% 00000 0020 00001,0 9,34 AC .79 00000 282. TRACT C SCHOOL~"'~ PARK SCHOOL GROUNDS TRACT B SUB 00006 0002 00001.0 REPLA i: (3.96 AC) D MAIN 8.28 AC P,B,I, 02-029 ,," 275.58 AC 00000 " ~ '"' '-. 0020 · ;,' ',, 00001.0 9.5,4 AC TR.~CT C SCHOOL'~"~ PARK SUB REPLAT SCHOOL GROUNDS 2&5 TRACt, B oooo~ ............. ooo~ 00001.0 " ~003 "~" DOO.1 1' D Ac oooo0 00~0 002.0 .58 AC ooooo OOlO 7 oooo4.1 271 ooooo oo]o ooooa.o ,598 BLOCK A HUDSO~oSoo SUB~ OOlO 2.,50 AC 00011,0 17g.5 o 00012.0 00000 ooom.0A~ ~ oo~o 0001~.0 570 BLOCK c HUDSON Bf,OCK D ABANDONED PER 000~ O04 0000 2.25 C~T~ O~ S~BASTL4.N _CBA. PTER 7: RECREATION AND OPE__. SPACE ELE1KE~F CHAPTER 7: RECREATION AND OPEN SPACE ELEMENT (Reference §9.L5.014(3), §7-1 RECREATION AND OPEN SPACE GOALS, OBJECT1WE$ AND IIHPLE~N~G POLICIES. This section stipulates goals, objectives, and implementing poIicies for the Recreation and Open Space F. lement pursuant to 9163.3177(6)(e), F.F_~S, and §9J-5.014(3), F.A.~.&_Q.. GOAL 7-1: PROVIDE ADEQUATE RECREATION AND OPEN SPACE. INSURE PROVISION OF AN ADEQUATE COMPREKENS1WE SYSTEM OF PUBLIC AND PRIVATE RECREATION AND OPEN SPACE SITES WHICH IVIEET THE NEEDS OF EXiSTING AND PROJECTED USER GROUPS. OBJECTIVE 7-1.1: SYSTEM OF PARKS AND RECREATION. The City shall on an annual basis and prior to adoption of the annual capital budget, review the need/'or new recreation sites and facilities. The analysis shall be predicated on data, standards, and policies contained in the Comprehensive Plan. The analysis shall be directed toward mainta/ning a system of recreational sites and facilities which is responsive to user needs. Policy 7-1.1.1: Level of Service Standards for Parks and Recreation Facilities. The City sha/l promote development of undeveloped and underdeveloped park land resources identified in the recreation and open space inventory and analysis contained /n the ~sive Plan: Data Inventory --~-~. The park development plans shall be programmed and scheduled in the capital improvement' program and budget. System improvements, including the characteristics of sites and facilities shall be based on the level of service standards cited in Tables VII-1.1. l(I) and V/I-l, 1.1(2) of this section which are hereby adopted, as the level o£service standards/'or recreation sites and facilities. TABLE VILI.I.I(1): LEVEL OF SERviCE STANDARDs FOR RECREATION SITES .AREA ~horel/n~-~'~'-~ Access (1) Source: Adopted fi.om Florida Department of Env/ronmental Protection, Outdoor Recreation In Florida - 1994 TABLE 7-1.1.1(2): t:TANDARD- ' i Basketb-~l~-~,~,~]~,~ ~.,ouns I Court er 10 000 o. o ' 3,o00 o. ~o°~f~__A~...._°P.:ed~o.m Honda Department of Environmental Protection, ntdoor Re ' CITY OF SEBASTIAN Policy 7-1.1.2: Monitor and Update" on a continuing basis the recreation ~ecreauon Demand and Supply Analys~s. The City shall update land and facility demand/supply analysis contained in Tables VII-2 and VII-3 of the ~tn~ i~~ssaka~ds c~I~ sC~'~ePn[ehenslve Plan Dat,~ Invento and AnalYsis m ~ g ' ' "'-' t~ ' ' : .... the existing demand. 'fled in Table satisfy fa e Policy 7-1.1.3: Mandatory Land Dedication or Fees In Lien Thereof. The City shall enforce provisions for the mandatory dedication of land for parks and recreation or fees in lieu thereof contained in §20A-17.1(H) of the Subdivision Regulations. These regulations are intended to assure that new development provides necessary recreation lands, facilities, and/or fees in lieu thereof in order to accommodate the demands generated by new development. .Policy 7-1.1.4: Future Recreation Capital Improvements. If in the future the City identifies recreation ~mprovements for which public funds are needed, as opposed to developer financed improvements, the City shall schedule and incorporate such projects costing $25,000.00 or more in the Capital Improvements Element. Policy 7-1.1,5: Maintenance of Existing Recreation Land and Facilities~ The City shall maintain existing recreation and facilities through the use of proper management and funding techniques. The City shall assure that recreation facilities are well managed, well maintained, and that quality recreation programs are available to all residents. This shall be partially achieved by continuing efforts toward .collecting, maintaining, and updating data concerning public and private resource inventory, recreation 'mprovement, and demand factors, and by improving design criteria and evaluation to attain a high quality park and recreation system. · Policy 7-1.1.6: Utilize, Creative Concepts of Urban Design and Conservation of Environmentally Sensitive Open Space. All plans for development or redevelopment of park land resources shall incorporate creative concepts of urban design and landscape. The plans shall be designed to enhance controlled access along the shoreline of the ocean and estuary systems. Active and passive recreation areas shall be planned in a manner compatible with unique natural features of the 'site. Park development plans shall be designed to preserve environmentally sensitive features of the site. The design shall provide a circulation system to minimize conflict between pedestrians and vehicles. Adequate landscape and screening shall be integrated into park development plans to minimize land use conflicts, protect stability of established residential areas, and enhance community appearance. Policy %1.1.7: Promote Environmental Concern as Part of Recreational Programs. The City shall promote environmental education and management as an integral part of park and recreation policies and programs. Support for cooperative programming between resource agencies and local educational advisors will provide park and recreation resources as an instrument for environmental teaching, and as a means for accomplishing this objective. The City shall promote development of nature trails at Schumann Lake Park and at Blossom Drive Park to provide opportunities for environmental education. Policy 7-1.1.8: Designation Or Acquisition of Natural Reservations. "Natural reservations" are areas designated for conservation purposes, and operated by contractual agreement with or managed by a federal, state, regional or local government or nonprofit agency such as: national parks, state parks, lands purchased under the Save Our Coast, Conservation and Recreation Lands or Save Our Rivers programs, sanctuaries, preserves, monuments, archaeological sites, historic sites, wildlife management areas, national seashores, and Outstanding Florida Waters. The City has several natural reservations including The St. Sebastian Buffer Preserve, the AGC Industrial property, and St. Sebastian PUD. P ' l~lan Goals, Objec-tlws and 09/21D9 CITY OF SEBASTIAN 4. Passive Parks. The City has designated the following sites as passive neighborhood parks: · * Albatross Terraoe-FairfiHd Land Park - Passive natural open space · Cheltenham Street-Cowaie Land Park -- Passive m~mal open space, lake · Seneca Avenue-Blossom ~ Passive ~atural open space, lake Community Parks Riverfrout Park. This park facility is located on the east side of' Indian River Drive at Main Street and accounts for approximately 1.36 acres. The park area contains boat ramp, pier, picnic tables, benches, and barbecue pits. Community Park East of City Hail. Approximately six (6) acres of recreation and open space exists east of City Hall adjacent to Main Street. Recreational facilities located on this site include a fenced and lighted Little League field, a hard court surface with basketba//facilities, restrooms, concession stand, storage area, scoreboard and bleachers, and a basketball court. Sebastian Yacht Club, The Yacht Club, a water oriented recreational facility, is located on the river at the juncture of Indian River Drive and Cleveland Street w~thin the 1000 ~, e vm~ restroom and kitchen facilities that may be rente'~ square foot community buildin- "to-'-'-' .... ' ' Old Town area. a' for a nominal fee. Additional facilities include a double launch boat ramp and pier. TABLE %2: INVENTORY OF CITY RECREATIONAL FACILITIES -$rrg Neighborhood Parks Ashford T. Jordan Park 0.30 Easy Street Hardee Park 6.94 13.87 Albatross-Fairfield Park 2.09 Cheltenham. Cownie Park 2.51 Seneca ssom 2.68 Total ·28.39 Community Parks Riverfront Park 0Vla/n St) 1.36 Community Center 1.07 Park east of City Hall 6.00 Sebastian Yacht Club 0.72 Barber St Sports Complex 14.14 Sehumann Drive 4.08 Riverview Park Total 7.10 34.47 Special Facilities Riverfront Park (Fellsmere Rd) Municipal Golf Course VFW Social Total Resource Resource Resource Resource Resource Resource.. · Candy Cane Kiddie Park (Oildren's playground) Lake, PlaYground, picnic facilities Lake, exercise fitness court, walk/jog trail Passive natttral open space Passive aatural open space, lake Passive atttural open space, lake Resource Active Active Resource Active Active Active Indian River, boat ramp, pier, pimic tables/benchas, BBQ Meeting hall, ping pong, pool table, basketball court Open space, lighted baseball field Meeting room, kitchen, boat ramp, dock. pier ballfield, playground Football field, basketball, racquetball, tennis, playground Pavilion, playground, restrooms, volleyball 0.85 154.00 1.48 156.33 219.19 Resource Active Iadi~ River, picnic shelters, picnic tables, benches, BBQ pits 18 hole public golf course Social center on City land leased to VFW Source: City of Sebastian, 1997 Comprohamive Plan Data h~tory and Analysis Table Prepared By: Solin and Associates,/ne. 1999 09/21/99 CITY OF SEBASTiAl~ RECREATION AND OPEN SPACE ELEMENT 4. Sebastian Community Center. The Sebastian Community Center is located on North Central Avenue between Davis and Madison Streets. The building, on approximately one acre of land, contains approximately 3300 square feet, including kitchen and restroom facilities. This facility also has a basketball court. The Community Center is currently being 'used by a number of community and fraternal organizations and is available to the public for a nominal rental fee. 5. Barber Street Sports Complex. Situated on 14.4 acres of land, this park complex currently has four baseball fields and a playing field for football and soccer as well as a concession stand and lights for night games. Located just to the west of the fire station on the park's southern border stands the Creative Playground. The Creative Playground provides active play structure, passive seating areas for monitoring children's play, along with benches, shelter and restroom facilities. 6. Schumann Drive Park. This park is located on Schumann Drive within the Twin Lakes section of the Sebastian Highlands in the east central part of the City. The park's facilities include a regulation football field with concession stand and restroom facilities, two racquet ball courts, two fenced and lighted tennis Courts, basketball courts, and assorted playground equipment. 7. Riverview l~ark. Encompassing the entire block bounded by U.S. Highway One, Fellsmere Road, Indian River Drive and Harrison Street, this 7.1 acre park lies directly west of Riverfront Park at FeIlsmere Road. The proximity of Riverview Park to its companion facility to the east affords both park sites some of the finer vistas to the Indian River found in the north county. The park provides passive recreational opportunities, along with a playground, volleyball courts, picnic shelters and picnic tables, benches, barbecue pits and restroom facilities. C. Special Parks 1. Riverfront Park at Fellsmere Road. This park area.is located on the east side of Indian River Drive and runs south from Coolidge Street to Harrison Street. The park encompasses approximately 0.85 acre of land with picnic shelters and tables, benches and barbecue pits. 2. VFW Social Center. The. Veteran of Foreign Wars (VFW) Lodge is situated on 1.48 acres of land located on L6uisiana Avenue just north of C.R. 512. This land is currently leased to the VFW with a reverter clause that requires the land to be returned to the City upon abandonment by the VFW. Sebastian Municipal Golf Course, The Sebastian Municipal Golf Course is a regulation eighteen (18) hole public course that wraps its way around the south and east perimeter of the Sebastian Airport. The golf course is situated on approximately 154 acres of land, 110 acres of which is actual golf course with the remaining acreage representing areas of open space. Course facilities include a club house with locker room, pro shop and dining, cart storage, public parking and a driving range. D. Unimproved Future Park Sites. The City of Sebastian obtained a number of unimproved park sites as part of the settlement with General Development Corp. (GDC). These former GDC sites total 03.35 acres of land which can be used for neighborhood parks, community parks, or special ,,,~.-~,.~ facilities. These future parks include the following sites: Comprohemive l~lan Data Invontory and Analyzls 09/21/99 CITY OF SEBASTIAN ' RECREATION AND OPEN SPACE ELEMENT · Bryant Court-Nebraska Street Park S.$$ acres · Barber Street - Acorn Terrace Park - 3.il acres · Stone Crop Street Park - 24. !5 acres · Melrose Lane-Celtic Avenue Park - 1,90 acres · Newhall-Rosebush Text. Park 2.24 acres · Tuxedo-Surrey Terrace Park -- 2,49 acres · Barber Street-Browning Terr -- 2,27 a~res · Keen Terr-S. WimbrowDr. - 7.43 acres S. Whnbrow Drive (Azine Terr and Columbia Ave) - 4.62 acres · S. Barber St-Rose Arbor Lane-Dominican Tea Park -- 8.08 acres · Day Drive-Alexis Street & Tracey -- 33.73 acres · Filbert Street (Utility Site) - 9.08 acres Improved Community Park site at 1123 Barber Street 7.31 acres Parks and Recreation Sites Under Other Jurisdictions. Indian River County, the School Board, and the State of Florida own and maintain several parks within the Sebastian area. These parks are available to the residents of Sebastian as well as County residents and visitors to the area. Ao indian River County School Board Recreation Sites. The Indian River County School Board has two schools within the City of Sebastian. These two school provide areas which can be use for recreation by the residents. 1. Sebastian Elementary. This 40.0~ acre school owned by the Indian River School Board is located on C.R. 512 east of the FP&L Company easement located in the northern part of the City. Facilities include a ball field, outdoor playground, and open space for passive recreation. 2. Pelican Island Elementary. This 32.23~- acre school owned and operated by the Indian River County School Board is located at the corner of Shumann Drive and Barber Street in the south portion of the Sebastian Highlands. Facilities include a ball field, an n-purpose field, an outdoor playground, and open space for passive recreation. B. indian River County Parks. The County's Parks Department operates the following: 1. DonaLd McDonald Regional Park. This 34 acre facility is located along the Sebastian Airport west of P~oseland Road. The park remains largely in its natural state and includes substantial wooded areas. Although the 'park is County owned, it is leased to the U.S.. Forestry Service for operational purposes. The facility contains a campground, nature trail, and picnic facilities. 2. Dale Wimbrow Community Park. This 74 acre park is also located adjacent to the Sebastian River west of the Sebastian Airport west of Roseland Road. This County park erdsts primarily in its natural state, is heavily wooded, and contains trails, a small boat ramp, shelters and picnic facilities. Ambersa~d Beach Park. The County's Ambersand Beach Park consists of approximately 1.6 acres of beach front and riverfront property. The beach front park contains a shelter with picnic facilities. Wabasso Beach Park. The Wabasso Beach Park is located at the juncture of County Road 510 and A1A. This recently upgraded 1.5 acre County Park coma/ns restroom and picnic facilities. The. Sebastian Inlet and Wabasso Parks are considered to be two of the foremost surfing areas in the State. This fact contributes substantially to the significant numbers of users at~tracted tO these parks. Comprehensive Plan Data Inventory and Analysis 09/21/99 7-7 ,,2044 14th Avenue Vero Beach, FL 3-2960 .E-mail: ira~iramarks.com ,.-,~u=: o~u[zuul Time: 11:49:46 AM NC, & INVt: Page I of 8 ecl: Giteles 10 Acres, Sebastian, FL Sent: 8/30/2001 at 11:49:40 AM 8 (including cover) Mr. Moore: Here is a revised contract for purchase and sale that reflects our recent discussions. might suggest that, with the recent activity surrounding the parcel, you execute the contract now, if you can, making it subject to City Council approval September 9, 2001. Regards. 8* 9* 10' 11' 12' Vacant Land Contract FLORIDA ASSOCIATION OF REALTORS'~ 1 2* '/. SALE AND PURCNASE: PARTIES AND DESCRIPTION OF PROPERTy 3* and ~ 4 agree to sell and buy on the terms and Conditions specified below the proper~y ("Property") described as: 5* Address: 6* Legal Description: ~ including all improvements and the following additional property: Page 2 of 8 ("Seller") ("Buyer") 15 16' 17' 18' 19 20* 21 22* 23' 24* 25 26* 27'* 28* 29 30* 31' 32' 3, 2. PURCHASE PRICE: $~?&ooo. oo (a) $ ~TJaoo, oo PRICE AND FINANCING payable by Buyer in L/.S. funds as follows: (b~ $ id) $ (e) Deposit received (checks are subject to clearance) " ' Signature .... for __ PROFESSIONAL. TITLE OF I.R. Name of Company ("Escrow Agent") Additional deposit to be made by Effective Date. , ~ Or ~ days from Total Financing (see Paragraph 3 below) (express as a dollar amount or percentage) Other: by Balance to close (not including Buyer's closing costs, prepaid items and prorations). All funds paid at closing must be paid by locally drawn cashier's check, official check or wired funds. [] (f) (complete only if purchase price will be determined based on a per unit cost instead of a fixed price) The unit used to determine the purchase price is [] lot ~ acre ~ square foot F~ other (specify:_ . prorating areas of less than a full unit. The purchase price will be $__ } per unit based on a calculation of tote) area of the Property as certified to Buyer and Seller by a Florida-licensed surveyor in accordance with Paragraph 8(c) of this Contract. The following rights of way and other areas will be excluded from the calculation: CASH/FINANCING: (Check as applicable) ~i~ (a) Buyer will pay cash for the Property with no financing contingency. 33* [] (b) This Contract is contingent on Buyer qualifying and obtaining the commitment(s) or approval(s) specified below (the 34 Financing") within ~ days from Effective Date (if/eft blankthen Closing Date or 30 days from Effective Date, whichever 35* occurs first). (the "Financing Period"). Buye rwill apply for Financingwithin ~ days from Effective Date (5 days if left blank) 36 and wJJJ timely provide any and all credit, em/~Joyment, financial, and other information requiredby the lender. If Buyer, after 37 using diligence and good faith, cannot obtain the Financing, within the Financing Period either party may cancel this 38 Contract. Upon cancellation, Buyer will return to Seller all title evidence, surveys and association documents provided by 39 Selle r, and Buyer's deposit(s) Wll be returned after EscrowAgent receives proper authorization from all interested parties. 40 Buyer will pay all loan expenses, including the lender's title insurance policy. 41' [] (1) New Financing: Buyer will secure a commitment for new third party financing for $ or ¢2* ~% of the purchase price at the prevailing interest rate and loan costs. Buyer will keep Seller end Broker fu~ty ~,3 informed of the loan application status and progress and authorizes the lender or mortgage broker to disclose aJJ such ~,4 information to Seller and Broker. 1.5' E-] (2) Seller Financing: Buyer will execute a [] first [] second purchase money note and mortgage to Seller in the 18' amount of $ bearing annual interest at _____~_% and payable as follows: [7* , The mortgage, note, and any security agreement will be in a form acceptable to Seller and w~il follow forms generally .9 accepted in the county where the Property Js located; will provide for a late payment fee and acceleration at the 0* Buyer(.~___) (_~) and Seller (_~) ~ acknowledge receipt of a copy of this page, which fs Page 1 of 6 Pages. VAC-6 10/00 ©2000 Florida Association of REALTORS(~ All Rights Reserved hie form ts licensed fOr use with Fa~l~re Forms Softvvare v3,O eO0-83~-1027 ~ ~ Printed On: Thurtday', August 30, 2~01 1 ~ :4~:06 51 52 53 54 55 56 57* 58* 59* ....... ~,=~ ~ .m,': ~ 1:4V:4~ AM Page 3 of 8 mortgagee's option if Buyer defaults; will give Buyer the right to prepay without penalty all or part of the principal at any time(s) with interest only to date of payment; will be due on conveyance or sale; will provide for release of contiguous parcels, if applicable; and w/il require Buyer to keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seller to obtain credit, employment and other necessary information to determine creditworthiness for the financing. Seller Wi)J, within 10 days from Effective Date, give Buyer written notice of whether or not Seller will make the loan. [] (3) Mortgage Assumption: Buyerwilltaketitlesubject toandassume and pay existingfirst mortgageto 60* 62' $ (descrJbe) interest rate of in the approximate amount of $ currently payable at per month including principal, interest, ~ taxes and insurance and having a E~ fixed [] other _% which [] will L-q will not escalate upon assumption. Any variance in the mortgage will be 63 64' 65* 66 67 adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase Seller's escrow account dollar for dollar. If the lender disapproves Buyer, or the interest rate upon transfer exceeds . % or the assumption/transfer fee exceeds $ , either party may elect to pay the excess, failing which this agreement will terminate and Buyer's deposit(s) will be returned, CLOSING 88 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on 69* .OCTOBER t unless extended by other provisions of this Contract. If on Closing Date insurance 70 underwriting is suspended, Buyer'ma~y ~ostpone closing up to 5 days after the insurance suspension is lifted. 71 5. CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property is located and may be conducted 72 by electronic means. If title insurance insures Buye r/or title defects arising between the title binder effective date and recording of 73 Buyer's deed, closingagentwilf disburse at c~osingthe net sale proceeds to Seller and brokerage fees to Broker as per Paragraph 74 17. In addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. 75 (al Seller Costs: Seller will pay taxes on the deed and recording fees for documents needed to cure title; certified, 76* confirmed and ratified special assessment liens; title evidence (if applicable under Paragraph 8); Other: 77* 78 (bl Buyer Costs: Buyer will pay taxes and recording fees on notes and mortgages and recording fees on the deed 79 80* 81 :82* 83* i85' '86 92 93 DO 01 2 1103 104 105' li06' 107' lb8 109 determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and 110' ,B.u. ~ye~r(-~)(~)and Seller(__. v~ ~ 10/00 ©2000 Florida Assoc~ ....... ' ' ' at~I~ALT~-~ All Rights receipt of a copy ofthis page, which is Page 2 of 6 Pages. ~eserved rl~is form is licensed for u~;e with i=~r~nUl~re Forms ~oftware v3.0 eoo~a36-~O27 and financing statements; loan expenses; pending special assessment liens; lender's title policy at the simultaneous issue rate; inspector, s; survey and sketch; insurance; Other: (c) Title Evidence and Insurance: Check (1)or (2): J~ (1) Se Ilar will provide a Paragraph 8(a)(1) owner's title ins urance commitment as title evidence. ~ Se fie r [] Buyer will select the title agent. ~ii;Seller [] Buyer will pay for the owner's title policy, search, examination and related charges, Each party Will pay its own closing fees. L~ (2} .Se tier will provide title evidence as specified in Paragraph 8(a)(2). [] Seller E/Buye r wilt pay for the owner's title policy and select the title agent. Seller wijj pay fees for title searches prior to closing, including tax search and lien search fees, and Buyer will pay fees for title searches after closing gf any), title examination fees and closing fees. {d) Prorations: The following items will be made current and prorated as of the day before Closing Date: real estate taxes, interest, bonds, assessments, leases and other Property expenses and revenues. If taxes and assessments fc.r the current year cannot be determined, the previous year's rates will be used With adjustment for any exemptions. (el Tax Wlthholdin~l: Buyer and Seller will comply with the Foreign investment in Real Property' Tax Act, which may require Seller to provide additional cash at c~osing if Seller is a "foreign person" as defined by federal law. PROPERTY CONDITION 6. LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, with conditions resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller w~tl maintain the landscaping and grounds in a comparable condition and will not engage in or permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. (al Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate government agencies which floodzonethe Property is in, whether flood insurance is required and what restrictions apply to improving the Property and rebuilding in the event of casualty. (b) Government Regulation: Buyer is advised that changes in government regulations and levels of service which affect Buyer's intended use cf the Property will not be grounds for canceling this Contract if the Feasibility Study Period has expired or if Buyer has checked choice (c)(2) below. (c) Inspections: (check (1) or (2) be/ow) [] (1) Feasibility Study: Buyer will, at Buyer's expense and within · ' Period"), determinewhether the Pronert,, is =.~+=~ ~, = ............. da. ys..from.Effecbve Date ("FoBs ibility Study r- y ~-,-~,,~, ,. ~.~,f =-~oleanoaDsoJuTealsore~lon, for__ use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to Printed On: Thursd~.y, Auguat 30, 20~1 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133* 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155* 156 157 158 159 160 161 162 163 164 165 186 167 168 189 17O 171 172 173* zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional growth management plans; availability of permits, government approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct cf the inspections, and (2) release to Seller all reports and other work generated as a result of the inspections. Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition, tf the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract wilt be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from all interested parties. ]~ |2) No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including being satisfied that either public sewerage and water are available to the Property or the Property will be approved for the installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmental conditions, are acceptable to Buyer, This Contract is not contingent on Buyer conducting any further investigations. (d}$ubdivided Lands: ~f this Contract is for the purchase of subdivided lands, defit~ed by F~orida Law as contiguous land which is divided or is proposed to be divided for the purpose of disposition into 50 or more lots, parcels, units, or interests; or (b) Any land, whether contiguous or not, which is divided or proposed to be divided into 50 or more lots, parcels, units, or interests which are offered as a part of a common promotional plan.", Buyer may cancel this Contract for any reason whatsoever for a period of 7 business days from the ciate on which Buyer executes this Contract. if Buyer elects to cancel within the period provided, all funds or other property paid by Buyer will be refunded without penalty' or obligation within 20 days of the receipt of the notice of cancellation by the developer. 7. RISK OF LOSS; EMINENT DOMAIN: If any portion of the Property is materially damaged by casualty before closing, or Seiler negotiates with a governmenta authorityto transfer all or part of the Property or if an eminent domain proceeding s nitiated Seller wJJJ promptly inform Buyer. in lieu of eminent domain proceedings, Either party may cancel this Contract by written notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in accordance with this Contract and receive all payments made by' the government authority or insurance company, if any. TITLE 8. TITLE: Seller will convey marketable title to the Properly by statutory warranty deed or trustee, personal representative or guardian deed as appropriate to Seller's status. (al Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in accordance with current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of which prevent Buyer's intended use of the Property as . ZONilVGP~=Ri~iiT,/~ : covenants, easements and restrictions of record; matters of plat; ex isling zoning and government regulations; oit, gas and mineral rights of record'if there is no right of entry; currenttaxes; mortgages that Buyerwill assume; and encumbrances that Seller will discharge at or before closing. Sellerwill, priorto closing, deliver to Buyer Seller'schoiceof one of the following types of title evidence, which must be generally accepted in the county where the Property is located (spec/fy in Paragraph 5fcJ the setected Seller will use option (1) in Palm Beach County and option (2)in MJami-Dade County_ type, s) A title Insurance commitment issued by a Florida-licensed title insurer in the amount of the purchase price and subject only to title exceptions set forth in this Contract. {2J An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the Property recorded in the public records of the county where the Property is located and certified to Effective Date. However If such an abstract is not available to Seller, then a prior owner's title policy acceptabletothe proposed insurer as a base for reissuance of coverage. Seller will pay for copies of alt policy exceptions and an update in a format acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, together with copies of all documents recited in the prior policy and in the update. If a prior policy is not available to Seller then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. (b) Title Examination: Buyer will examine the title evlc~ence and deliver written notice to Sol/er, within 8 days from receipt of title evidence but nc later than c oslng, of any defects that make the title unmarketable. Seller will have 30 days from 'atl~(~L~'"~ All Rights Reserved p~ge, which is Page S of 6 PaNs. this form is licensed for use with Fartr~lat. i~r~ Forms ,'~:~n,are v3.0 027 Printed On: Thu~day, Augult ~O, 2001 11 17a receipt o~ aaye~s notice ~ defects ("Cura~i~ Period') ~o cur~ ~he ~efects at Sellers ex~nse. E Seller cures the 175 defec~ within the Cura~i~ Period, S~lle~ ~1~ deli~r ~itten notice ~o ~u~r and ths ~rties will close the transaction 176 ~ing Date or within 10 ~ys ~rom ~ye~s receipt ~ Sellers no~ce i~ Closing Date ~as ~ssed. ~ ,Seller ~s ~na~e 177 curethe defectsw~hin the Curati~ Period, Sallerwill deli~rwri~en noticeto ~a~rand Buye~ll, ~th~n 10 days from 178 recei0t o~ Sellers notice, either cancel this Contract or acce~ tiUe ~h existing defects and close the transaction. (c~ Su~ey~ aa~r may~ prior to C~osing ~te and a~ ~u~s expenss, ha~ ~he Pro~y su~yed and ~e{iver ~en 180 notice to Seller, within 5 days ~rom receJ~ o~ su~ey bu~ no later tha~ closing, o~ any encroachments on the Prope~y, 181 encroachments by the Pro~y's impro~ments on ~her lands or deed restriction or zoning violations, Any such 182 encroachment or violation ~1~ ~ ~reated in the same manner as a t~tle ~fec~ and Bu~s and Sellers obligations will be 183 determined in accordance with sub~ragraph {b) a~o~, I~ any ~ o~ ~he Pro~y ~ies sea, rd o~ the coastal 184 construct~o~ c~n~oJ line, Seller wi~ pro,de Burr ~th an affida~ or su~ey as required by ~aw delineating the ~ine's 185 location on the prope~y, unless Buyer ~ives this requirement in writing. 186 MISCEL~NEOUS 187 9, EFFE~IVE~TE; TIME: The "E~ecti~ ~te" ~ this Contract is the date on ~ich the last of the pa~ies in~a~s or 188 s~gns the latest offer. Time is of the essence for all provisions of this Co~ra~. A~I time ~riods expressed as days 189 ~ computed in business days (a "business day" is e~ry calendar day exce~ Saturday, Sunday and national legal 190 holidays), exce~ for time ~rJods greater than 60 days, ~ich will ~ computed in ca[endar days. If any deadline rafts on a 191 Saturday, Sunday or national le~l ho{~day, pe~ormance will ~ due the next business day. All time periods ~1 end at 5:00 192 p.m. local time (meaning.m the county where the Pro~rty Js located) of the appropriate day. 193 ~0. NOTICES: All notices ~11 be made to the pa~ies and Broker by mail, personal deli~ry or electronic media. Bu~r's t94 failure to dell~r tlme~ written n~tce to Seller, when such n~lce is required bythls C~ract, regarding any contingencies ~ill~enderthatcontingencynulland ~Jd and the Contra~ will be con,rued as if the contlngen~ did n~ 196 11. ~MPL~E AG~EMENT: ~is ~ract is the entire agreement ~en Burr a~ Seller. ~cept for brokerage 197 agmeme~n~pd~r~rp~se~tag~emen~w~b~ndBu~r~e~er~rBr~kerun~e~inc~rp~mted~nt~this~ct. 198 Modifications of this Contract will not be binding unless in ~iting, signed and deli~red by the ~rty to ~ bound. Signature, 199 initials, documents referenced in this ~ract, counter~s and~iffen modifications communicated electronically or on ~r 200 will ~ acceptable for all pur~ses, including deli~ry, and ~11 be binding. Handwritten or ty~wri~en terms inseKed in or 201 a~achedtothis~ntractpre~ilo~rpreprintedterms. If any pro,sion of this ~ntract is orbecomesin~lidorunenforc~bte, 202 all remaining pro~sions ~.lt continue to ~ fully effective. This ~ntract ~1~ not be recorded in any public records. 1 $4 180 ~81 ~82 ~84 ~ 8~ i 87 188 18~ 1 ~0 1 $2 1 @8 2O0 202 2D2 2O4 205 208 2O? 208 20~ 2~0 21 ~ 2~2 2~8 218 21~ 220 221 222 222 224 225 228 227 228 229 230 222 c~efects within the Curative ! I e ts at Seller's expense. If Seller cures the ' ' ' ' ' ye and the part/es witl close the transaction on Closing Date or within 10 days from Buyer's receiptof Seller's notice jf Closing Date has passed. If Seller is cure the defects .,wi_'thin the Curative Period, Se Ilar will de ....... unable receipt of Sellers notice, either cancel this Contr=,,~ -- ~ve_r__w[l~.e,n n.?.~c, et.o ?~uyerand Buyer Will within 10 d=,,~ (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written ~L ~,, ~u~p~ [l[~e w~n ex,sting defects and close the transa~'~i~o~ ...... notice to Seller, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property, encroachments by the Property's improvements on other lands or deed restriction or zon ng violations. Any such encroachment or wolatmn v~l[ be treated m the same manner as a title defect and Buyer's and Seller's obligations wilt be determined in accordance with subparagraph ~b~ above. /f any part of the Property lies seaward of the coastal construction control line, Seller will provide Buyer with an affidavit or survey as required by law delineating the line's location on the property, unless Buyer waives this requirement in writing. MISCELLANEOUS 9, EFFECTIVE DATE; TIME: The "Effective Date" of this Contract is the date on which the last of the parties initials or signs the latest offer. Time is of the essence for all provisions of this Contract. All time periods expressed as dayswiJ] be computed in business days (a "business day" is every calendar day except Saturday, Sunday and national legal holidays), except for time periods greater than 60 days, which will be computed in calendar Saturday, Sunday or national legal holiday, performance Will be due the next business day. day's. If any deadline falls on a All time per/ods wilt end at p.m. local time (meaning in the county where the Property is located) of'the appropriate day. ~0, NOTICES: All notices will be made to the parties and Broker by mail, personal delivery or electronic media. Buyer's failure to deliver timely written notice to Seller, when such notice Is required bythis Contract, regarding any contingencies wJJl renderthatcontJngencynull and void and the Contract will be construed as jf the contingency did not exist. 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage agreements, no prior or present agreeme nfs will bind Buye r, Seller or Broke r unless incorporated into this Contract. Modifications of this Contract will not be binding unless in writing, signed and delivered by theparty to be bound. Signatures initials, documents referenced inthis Contract, counterparts andwritten modifications communicatedelectronically or on paper will be acceptable for all purposes, including de very and will be binding. Handwritten or typewritten terms inserted in attached to this Contract prevail over prepdnted terms. If'any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records. 12. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms "Buyer," "Seller," and "Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors, personal representatives and assigns {if permitted) of Buyer, Seller and Broker. DEFAULT AND DISPUTE RESOLUTION 13. DEFAULT: {a) Seller Default: If for any reason other than failure of,seller to make Seller's title marketable afterdillgent effort, Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer'$ deposit without waiving the right to seek damages otto seek specific Performance as per Paragraph 46 Seller will also be liable to Broker for the full amount of the brokerage fee. (bi Buyer Default: if BUyer fails to perform this Cor~tract withi damages ~ the time specified, including timely payment of all deposits Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated or to seek specific ~erformance as per Paragraph ~6; and Broker will, upon demand, receive 50% of all deposits paid and agreed to be paid (to be split equally among cooperating brokers) up to the full amount of the brokerage fee. 14, DiS PUTE RESOLUTION: This Contractwill be construed under Florida law. All controversies, claims, and other matters in question arising out of or relating to this transaction or this Contract or its breach will be settled as fo/lows: [fa) Disputes concerning entltlemerrt to depoelte made and agreed to be made: Buyer and Seller Will have 39 days from the date conflicting demands are made to attempt to resolve the dispute through mediation, if that fails, Escrow Agent will submit the dispute, if so required by Ftorida law, to Escrow Agent's choice of arbitration, a Florida court or the Florida Real Estate Commission. Buyer and Seller will be bound by any resulting settlement or order. lb) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to resolve the matter through mediation, failing which the parties will resolve the dispute through neutral bir~ding arbitration in the county where the Property is located. The arbitrator may not alter the Contract terms or award any remedy not provided for in this Contract. The award Will be based on the greater weight of the evidence and will state findings of fact and the contractual authority on which it is based. If the parties agree to use discovery, it will be in accordance with the Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related disputes. Any disputes with a real estate licensee named in Paragraph 17 will be submitted to arbitration only if the licensee's broker consents in writing to become a art to ' . (c) Mediation and Arbitrati n: ' . ,, p _y,,. the proceed!rig. Th~s clause wi ~ survi ' o . Expenses. Medlabun is a rocess ' ,,~;,,~ ......... ?ve ctos n.g. P ~n ..... ,~. ~,~,~ ac[erupt to resolve a dispute by submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a settlement on the parties. Mediation will.be in accordance with the rules of the American Arbitration Association ("AAA") or other mediator agreed on by the parties. The parties will equally divide the mediation fee, if any. "Arbitration" is a process in which the parties resolve a dispute by a hearing before a neutral person who decides the matter and whose 233 decision is binding on the parties. Arbitration will be in accordance with the rules of the AAA or other arbitrator agreed 234 on by the parties. Each party to any arbitration wilt pay its own fees, costs and expenses, including attorneys' fees, and 235* Buyer(____. )(~ ) and Seller vAc*6 10;~'- ~-~-~ride Associ~t~ oL-~A~ acknowledge receipt of a copy ofthis page, which is Page ,~ of 6 Pages. Att Rights ~eserved This form is lioensed for use with For. Ttaalarr. j~r- Forms $0f~vare v3,0 ~00-;~;~E-1027 Printed 0~: Thumd~y, Auguat 30, :;~01 11:42:01 236 237 238 239 240 241 242 243, 244 . 245 247 248 249 250 251 252 253 254 255 256 257 258 259 250 261 262 265 264 265 266 257 288 269 270 271 2'/2 273* 274' 275* 276 277* 278* 279* will equally split the arbitrators' fees and administrative fees of arbitration. In a civil action to enforce an arbitration award, the prevailing party to the arbitration shall be entit/ed to recover from the nonprevailing party reasonable a~orneys' fees, costs and expenses. ESCROW AGENT AND BROKER IS, ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with the terms of this Contract, including disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrov~d items to Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent wilt pay the filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed funds or equivalent and charged anc~ awarded as court costs in favor of the prevailing party. All claims against EscrowAgent will be arbitrated, so long as Escrow Agent consents to arbitrate. 16, PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations that are important to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, etc.) and for tax, property condition, environmental and other specialized advice. Buyer acl<nowiedges that Broker does not reside in the Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public records unless Broker indicates personal verification of the representation. Buyer agrees to rely solely on Seller, professional inspectors and g~vernmen~aJ agencies for verification of the Property' condttJon and facts that materially affect Property value. Buyer and Seller respectively wilt pay all costs and expenses, including reasonable attorneys' fees at alt levels, incurred by Broker and Broker's officers, directors, agents and employees in connection with or arising from Buyer's or Seller's misstatement or failure to perform contractual obligations. Buyer and Seller hold harmless and release Broker and Broker's officers, directors, agents and employees from all liability for Joss or damage based on (1) Buyer's or Seller's misstatement or failure to perform contractual obligations; (2) Broker's performance, at Buyer's and/or Seller's request, of an,/task beyond the scope of ser~ces regulated by Chapter 475, F.S., as amended, including Broker's referral, recommendation or retention of any vendor; (3) products or services provided by any vendor; and (4} expenses incurred by any vendor. Buyer and Seller each assume full responsibility for selecting and compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes of this paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing, 17, BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Seller and Buyer acknowledge thatt he brokerage(s) named betoware the procuring cause of this transaction. Instruction to Closing Age nt: Seller and Buyer direct c~osing agent to disburse at c~osing the fuji amount of the brokerage fees as specif~d in separate brokerage agreements with the parties and cooperative agreements between the brokers, unless Broker has retained such fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees as indicated below. IRA I~ARKS. CGIM IRA ]F/ARKS COM&~IE:RCiAL REAL TY ... ~rot<er/Brokerage fee. ~$or % of Purcha~;e Price) fSrofle~'/L~l'(~ker age fas: ($ or % of Purchase Price) ADDITIONAL TERMS 18. ADDITIONAL TERMS: 280* 281' 282* 283* 284* 285* 286* 287* 288* 289* 290* 291' 292* 293* 294* 295* Buyer(_.~)~) and Selle r~) (~) acknowledge receipt of acopy of this page, which is Page 5 of 6 Pages. V'AC~S 10/00 ©2000 Florida Assocletioh'-o~AL~ All Rights ReServed This form is licensed for use with ~=a~:ii~lara Forms $ofL~,,are v3.0 800-S36-1027 On: Thursday, August ~10, 2Da1 11:42,'08 296* 297 * 298* 299* 300* 301 * 302* 303* 304' 305* 306* 307* 308'" 309* 310' 311' 312' 313' 314' 315' 316' 317' 318' 319' 320* 321' 322 323 324* 325 328* 327 328* 329* 330* 331' 332* 333* 334* 335* 336* 338* 339* 940* This is intended to be a legally bindlngcontract. If not fullyunderstood,seekthe advice ofa.n attorney prior to signing. OFFER[ AND ACCEPTANCE (Check if applicable: [] Buyer received a written reel property disclosure statement from Se Ilar before making this Offer.) Buyer offers to purchase the Property on the above terms and conditions. Un,ess this Contract is signed by Seller and a c°py delivered to Buyer no later than ~ ~:~ a.m. ~ p.m. on _ aEPl'EMBER' f4. 2001 this offer ~11 be revoked and Buyer's deposit refunded subject to cJearance of funds. ' Date: Date: Phone: Fax: Date: Buyer: Print nam e: Buyer: Print name: Address: ~ TERRENCE MOORE, ClTY MANAGER Tax ID/SSN: Tax ID/SSN: Seller: Print name: ~ICHARD ~. GYT'ELE$ Tax ID/SSN: Date: Se tier: Print name: Tax IDtSSN: Phone: Address: Fax:. [] Sellercounters Buyer'soffer (toacceptthecounteroffer, Buyermust sign or initial the counter offered terms and deliver a ~41' copy of the acceptance to Seller by 5:00 p.m. on 542* ate: ;43* form is licensed for uae with Farntulatar~ Forms ,-~oftw~re vS. 0 ). [] Seller rejects Buyer's offer. (The date on which the Jest party signed or InJtlaJed acceptance of tJs~ Buyer(--------)C_~)and Seller(., , )(~) a. clcnowledge receipt of a copy' of this page, which is Page6 of6Pages. The Florida Association of'REALTOR~ and local BOerWA~eoctetlon of REALTOR8~ make no reProoentatlon aa to the legal validity Jr aCiequaw of any ProVlelor~ of this form in any ~PsCtfl ctranaactlon, This etandardized form #heuld not bo used in campiex tranaactl~)na er with ext enslve riders or additions. This form I~ available for uae bV the entire real eatat e tnduJt r¥ and Is riot lilt on~lad to IdentlfYthe ueor aa a REALTOR®. F[EALTOF~) is a ragiat erad COllect lye mom bkrohlp mark that may be u se(t only by real itt it e licensees Who are membero oPthe National Alaodstlon of REALTO[O,~ arid who lubes'lbs tefra Code oP Ethice. The copyright laws of the United States (17 U,S.C0de) forbid the unauthorizeclreProduc[i0n of bJankforms by any meane includtnglacslrnile or compu[erlzedtorms. VAC-6 10/00 ©2000 Florida Association of REALTORS® All Rights Reserved 800-336-1027 Printed On: Thur~d~(, Auguat $0, 2001 11:42:0~ All of Govermmmt Lot 2. Section 6. Towmltip 31 $out~ Rsn~ 39 Ru~, indict River Florida. ex~q,t the followin~ described parccts of land: Parcel No. l: Bel~ &'; the Southeast comer of .~id Govennnent Lot 2; thcn~,e North. a disumc¢ of 248.70 f-eat; ~ Wear, a distanoe ¢f417.40 feet4 thence South, a diatanee of 248.70 feet; ~tence ~ a distmir, e of417.40 feet to thc Point of Begirming. ?arc, ul No, 2: ]a~u 237.Ci0 fnat South of~e N~t com~ of~d ~t 2, Sec~on 6, which ia ~ ~ ~fi~ o~ $~ ~ of~ ~ ~t ~ ~e ~ 1~ of~d ~~t Lot 2; ~ S~ a di~ of 245.50 ~; ~ Wmt ~ ~e Sought 1~= of~ said Fl~ng ~; ~ No~~, ~o~ s~d ~ ~t ~ w ~ ~t~tion of s~d l~e wi~ the ~t ~e of ~v~ ~t 2, ~e Point of B~g. HOME C~ PELICAN ISI. AND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Councilmember Majcher Attendance at Republican Women of Indian River Federated Star Spangled Celebration Ap I~ed_f~ u bm |ttat~by~ ity Manager For Agenda of: Exhibits: Info aC'and Tickets, Section 2-77 Expenditure Required: Amount Budgeted: Agenda No. 0]_. 2[3 Department Origin: ,City Clerk~\ Date Submitted: 9/6/01 9/12/01 rAppropriation Required: SUMMARY STATEMENT Councilmember Majcher has requested prior reimbursement for payment for tickets to the Republican Women of Indian River Federated Star Spangled Celebration on October 6, 2001 at 6 pm which he would like to attend on behalf of the City. The cost for the event is $150 per person and $250 per couple. In accordance with Section 2-77 of the Code of Ordinances and due to the fact that the ticket amount exceeds the limits established in the City's Travel Policy and FS 112, the item is presented to City Council for its consideration. RECOMMENDED ACTION Review the request and act upon accordingly. Elected Sta~e and National Officials who have accepted an invitation to the ., "S~r Spangled Celebration" Fundraiser Saturday, October 6, 2001 at Grand Harbor Golf& Beach Club. There may be a few other surprises as well. Congressman Dave Weldon (D-15) Congressman Mark Fol~y (D- 16) (or tier ~tives if congress is in session) Slate Senator Bill Posey (D- 15) State Senator Ken Pruitt (D-27) State RepresentativeBob Allen State Representative Start Mayfield Please make checks _to': RWIRF "Star Spaflgled Celebration" Send Checks to: S. Moenkhaus 8430 Oceanside Drive E-3 ii Vero Beach,'FL 32963 Or , ; RePublican Headquarters 864 20th Place. Veto B6ach, FL 32960 For further information you may contact: RWIR.F President Rose Spytek office 569-5603 'home 567-9567. Anne Demarest at 231-5811 Sue at 231-2719 The members of Republican Women of Indian River, Federated thank you. ADAfI/~STRATION § 2-77 DMSION 2. CITY MANAGER' Sec. 2-66. City-manager. The city manager shall be the chief executive officer of the city, appointed by the city council. The city manager shall become vested in accordance with the employment agreement between the dty manager and the dty.' (Code 1980, § 2-15) Charter reference--Powers and duties of city manager, removal of employees, § 3.04. Secs. 2-67--2-74. Reserved. DMSION 3. TRAVEL EXPENSES Sec.' 2-75. Provision to supersede state la~ Section 112.061, Florida Statutes, shall goverh travel for the city, except for the following provisions: (a) Meal allowance: Class A and Class B travel, as defined in the city's travel policy, shall be reimbursed for meals according to the following schedule: (1) Breakfast...' .................................................. $ 6.00 (2) Lunch ....... · .............................. : ................... 10.00 (3) Dinner ........................................................ 18.00 (b) Per diem: .............................................. i ........... $70.00. (Ord. No. O-00-01, § 2, 2-1-00) Sec. 2-76. Generally. The city will pay the reasonable travel expenses of the city council members, charter officers, and employees in connection with authorized city travel. (Ord. No. 0-00-01, § 3, 2-1-00) Sec. 2-77. Travel authorization and reimbursement. Persons shall obtain authorization to travel, except for emergencies as set forth in the travel policy, as follows: (a) City council: Council members shall obtain authorization to travel prior to any travel at a regular city council meeting. Such authorization shall be by majority vote of the *Charter references--Charter officer, § 3.01; appointment, § 3.02; removal, § 3.03; city manager powers and duties, etc., § 3.04. Cross reference--City manager to prepare and submit the budget to ciW council, § 2-87. Supp. No. 2~ CD2:6.1 § 2-77 SEBASTIAN CODE council members in attendance. Appointment by the council of a member to be the city's representative to a committee or agency shall be deemed to be authorization to attend meetings of said comrn~tte_e or agency. (b) Charter officers: Charter officers shall obtain prior approval of the city council for any travel which is to be reimbursed by the city. (c) General employees: Employees shall obtain prior approval of their department head (if applicable) and the city manager for any travel that is to be reimbursed by the city. (Ord. No. 0-00-01, § 4, Sec. 2-78. Travel policy. _4 travel policy shall be adopted by resolution and updated from time to i/me as necessary. Ail council members, charter officers and employees shall abide by and conform to the policy and procedures adopted in the travel policy. (Ord. No. 0-00-01,,§ .~, Secs. 2.79--2-86. 'Reserved. ARTICLE IV. FINANCE* DMSION 1. GENE~Y Sec. 2-86. Fiscal year. The fiscal year of the city shall begin on October I and end on September 30. (Code 1980, § 2-52) Cross reference--Powers aud duties of finance director, § 2-109. State law reference--Mandate for fiscal year, ES. § 166.241. Sec. 2-87. Submission of budget by city manager. The city manager, not later than the first regularly scheduled meeting of the 'city council in August of each year, shall submit t~ the city council a budget and an explanatory budget message, setting forth recommended expenditures for the coming fiscal year, and the antici- pated revenues for that year, and recommending the millage to be fixed on city ad valorem taxes. (Code 1980, § 2-53) State law reference~Adoption of budget and millage, F.S. ch. 205. *Cross references~Powers and duties of finance director, § 2-109; collection and distri- bution of airport funds, § 22-30; cemetery trust fund, § 34-2; operating funds for the Municipal golf course, § 74-34; taxation, ch. 94. State law references~Finance and taxation, F.S. § 166.101 et seq.; government financial matters, F.S. ch. 218. Supp. No. 21 CD2:6.2 I'IOME OF PEUCA~I ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: December Holiday Schedule Approvedrfor Submittal by: City Manager Exhibits: Calendars Agenda No. 01.214 Department Origin: City Clerk Date Submitted: 9/6/01 For Agenda of: 9/12/01 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT It has been the practice of City Council for many years to review calendars for November and December for consideration of rescheduling City Council Meetings to accommodate holidays. This year November regular meetings fall on the weeks before and after Thanksgiving, therefore, no rescheduling should be required for November. The second regular meeting in December falls on the 26th, therefore, City Council may want to consider rescheduling it to another time. RECOMMENDED ACTION Review the calendars and act upon accordingly. City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: First Reading Ordinance No. O-01-23 Repealing Exisiting Recreational Advisory Board Approved for Submittal by: City Manager Agenda No. 0~_.1_73 Department Origin: .City Attorney Date Submitted: 9/6/01 ForAgenda of: 9/12/01 Exhibits: O-01-23 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The City Council at it's August 22nd workshop concurred with repealing the existing recreational advisory board and consider the formation of a temporary Recreation Committee with different membership requirements to allow time for determination of the function of the board and then establish a new Recreation Committee by ordinance at a later date. RECOMMENDED ACTION Pass Ordinance No. O-01-23 and schedule a public hearing for October 10th. ORDINANCE NO. O-01-23 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING CODE OF ORDINANCES ARTICLE VI., DIVISION 3, RECREATIONAL ADVISORY BOARD, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; the Recreational Advisory Board has not met in over one year; and WHEREAS, City Council conducted a workshop on August 22, 2001 to discuss the role of the Recreational Advisory Board; and WHEREAS, subsequent to the City Council's discussion, the City Attorney was directed to bring back language repealing existing language relative to memberships; and WHEREAS, the City Attorney advised that City Council could adopt a Resolution to form a temporary Recreation Committee with different membership requirements to allow time for determination of the function of the board and then establish a new Recreation Committee by ordinance at a later date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Repeal of Existing Language. City of Sebastian Code of Ordinances Article VI., Division 3. Recreational Advisory Board, Sections is repealed in its entirety and reserved. (fill Clllllldgl VV~fll~ ~/1~/~111:i111 ~/ULIIIIIIl~ %llT~ (3~l. IVl~lt~i~ ~/1 ~IlT;~ ~)tl.]~ll~;~ t,/1 ~t~'~j~li~l].ll I~ VII:Il 1;ll Ill ~--IVl.~l lk~ IGil,~llltllt;a ~ll lid ~Jl ltJ~l I~[I I I II[ ~l~¥1~llll[Jl I l~l l k Ill ~ll IVI · 1;ll lill IVI l~ I {al I~ [/l[ll I{ I ~Jl 113~lll[ll}~l [Jl ~J~l ~ll I I~ 131 Page 12- /AN Illl;IJ~r./llL,y ~./I I. II~;; k.[~../Cil~,l C~ C~ IIl'~,~lk.t. Llll~ ~ kllq.~ ',.,JUL/P,*/t, IIIIIIIILLC~*-~, I I1~ /-TUVI,3~/I.,y I.]T../CtlT.i lllCly IT.Il III Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this 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 or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately following its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Page -3- Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this ,2001, CITY OF SEBASTIAN, FLORIDA day of ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney Page -4- City of Sebastian, Florida O~C~ OF TH[[ crr~ ATT'O~~r AGENDA TRANSMITTAL Agenda No. Subject: Resolution R-01-65; Parks & Recreation Committee 01.173 Date Submitted: 9/6/01 For Agenda of: 9/12/01 SUMMARY: This resolution establishes a temporary advisory committee on issues relating to parks and recreation to assist the Council in formulating a long-term policy in this area. The existing Recreation Advisory Board, largely composed of the presidents of various organized sports leagues, is in the process of being dissolved. Once the City determines the direction it wants to go organizationally with parks and recreation, a permanent board may be considered. RECOMMENDED ACTION: At Council's discretion -- Move to adopt Resolution R-01-65. , ! 'l 1/ .~,'- AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: / ~/~ · RESOLUTION NO. R-01-65 A RESOLUTION OF TIlE CITY O~F SEBASTIAN, FLORII)A, FORMULATING TEMPORARY PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WttEREAS, the City of Sebastian has reached a crossroads in meeting the recreation needs of its citizens; and WItEREAS, the City has recently committed to a long-term program of expanding and improving passive park facilities, as well as active recreation, through establishment of the Sebastian Recreational Impact Fee; and WHEREAS, the City's Recreation Advisory Board established under Chapter 2 of the City Code was created at a time when the organized sports leagues within the City were viewed as virtually the exclusive source of recreational opportunities for the citizens, but times have changed and a new approach is more appropriate; and WItEREAS, the City of Sebastian and Indian River County has an existing informal arrangement for provision of limited recreational programs, but the relationship between the County and the various municipalities in these matters is currently being re- examined; and WltEREAS, the City Council of the City of Sebastian determines that it would be in the public interest to have a temporary committee of citizens to advise the City Council as it develops a long-term policy on recreational activities and the development of our park system; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. PARKS AND RECREATION ADVISORY COMMITTEE ESTABLISItED. The City Council of the City of Sebastian hereby establishes a Parks and l~ecreation Advisory Committee. The purpose of the Committee shall be to study and provide recommendations to City Council: > As to the development of the park system, > As to the provision of active recreation programs and facilities, and > As to the policy decisions concerning the organizational structure or method for providing these services, whether in some form of a county- wide system, through establishment of a fully independent department, or by some combination of the two. Membership on the Committee shall be through appointment by City Council. Section 2. PANEL COMI'OSmON. The Committee shall be composed of five residents, with one member from each of the four recreational impact fee districts and one at-large member. In the event that no suitable applicants are available from a district, another at-large member may be appointed in their place. The Committee shall hold its initial meeting at 6 p.m. on the first Monday following appointment of its members, at which time it shall select a chairman, and shall thereafter set its own procedures and meeting schedule. Section 3. TERM. This Committee shall automatically disband two years from the date of its establishment, or at such sooner date as established by subsequent resolution of the City Council. Section 4. CONFLICTS. conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. immediately upon its adoption. All resolutions or parts of resolutions in This resolution shall take effect The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A..Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 12th day of September, 2001. and, upon being put into CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Pilin Presented by Ms. Coley @ 9/12/01 Council Meeting re: Kirrie Land Use ,/ DATE: TO: FROM: SUBJECT: OFFICE OF GENERAL SERVICES ADMINISTRATOR/ ASSISTANT TO CITY MANAGER 122Ei MAIN STREET, SEBASTIAN, FLORIDA 32968 TELEPHONE (.~61) 388-8241 - FAX (.~61) 581-0149 September.' l O, 2001 ~_~errence Moore, City Manager Paul Wagner Camco Services, Inc., Payment & Performance Bond On September 7, 2001, I contacted a Mr. Tad Nelson, Branch Manager, Travelers Casualty & Surety Company of America, who is the bonding (payment & performance bond) agency pertaining to Camco Restroom Construction Services Agreement. i advised Mr. Nelson of the long-delayed completion of the three restrooms & also the apparent failure of Camco to pay some of its sub-contractors as evidenced by "Notice to Owner" forms and certain conversations of sub-contractors with the C'rty. I also advised Mr. Nelson that the project was substantially complete at this time with relatively minor punch list items with the exception of a flooring issue which is not so minor but certainly can be rectified given the contractor's full attention to the matter. However, should the contractor fail to perform, we would be /oo/</ng towards the bond for relief. Mr. Nelson felt: that because the .jot~ is substantially complete, ~ would ~ in the best interest ~ all concemed to try and complete the pro]ec~s, ~ at all possible, with the present contraczor. He would contac~ Camco & express ne urgency for ~em to pay all sub contra~ors, and ~nish the work as agreed. Mr. Nelson further advised, that should the Ci~ ~nd it impossible to proceed w~h Camco, we are to serve formal notice on the bonding agency, in which case they would forward all correspondence to their legal counsel for appropriate a~ion, and/or investigation of all relevant fac~s, and could render no pos~ion on ~he ma~er at this time. Mr. Nelson was appreciative of the fa~ that we noticed them & will assist as indicated to try and resolve this ma~er without further incident or action. 01.202 PUBLIC HEARING SIGN-UP SHEET SEPT. 12, 2001 A. Public Hearing for Ordinance No. O-01-21, An Amendment to the Comprehensive Plan by Implementing School Siting and Collocation Criteria Per State Regulations AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA AMENDING THE COMPREHENSIVE PLAN TO PROVIDE SCHOOL SITING CRITERIA; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS NAME ADDRESS PUBLIC HEARING SIGN-UP SHEET Sept. 12, 2001 01.172 B. Public Hearing for Ordinance No, 0-00-05 - CLUP Amendment to Industrial (IN) - 14.85 Acres - Gibson Street AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW-DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. NAME ADDRESS NAME ADDRESS NAME NAME ADDRESS ADDRESS ~44~ t ,/ ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS NAME ADDRESS PUBLIC HEARING SIGN-UP SHEET SEPT. 12, 2001 01.099a C. Public Hearing for Ordinance No, O-01-09, Davis CLUP Amendment AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATION OF MEDIUM DENSITY RESIDENTIAL (MDR) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND DESIGNATION AS LOW DENSITY RESIDENTIAL, 6 UNITS PER ACRE (I-2) FOR LAND CONSISTING OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SETION 18, TOWNSHIP 31, RANGE 39; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS NAME ADDRESS ~SE THIS FoRM R printed agenda, do ~ot s%g~ th~s form. The ~ayor wil~ on eaCh agenda item- please raise your hand when he Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: rresentea to uounc~l Dy Mr. Massung at 9/12/01 Meeting RE: Parking at BSSC Parking on Atlantus Terrace looking east to Barber Street during a game~ Parking on Fairfield Lane looking north. Proposed Boys and Girls Club tract on left. Football fields to right_ Parking on Fairfield Lane looking north. Proposed Boys and Girls Club tract on left. Football fields to right.