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HomeMy WebLinkAbout10222003HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 22, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY 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 often minutes per speaker (R-03-14) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MOMENT OF SILENCE 4. ROLL CALL . AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 03.206 A. Employee of the 3rd Quarter, Gary Allen, Sr. 03.2O7 B. Proclamation for National Domestic Violence Awareness Month - October 2003 03.208 C. Presentation by City of Sebastian Parks & Recreation Superintendent, Chris McCarthy Regarding North County Regional Park Plans (no backup) 03.209 D. Presentation by City of Sebastian Parks & Recreation Superintendent, Chris McCarthy and City of Sebastian Growth Management Director, Tracy Hass- Clarification Relative to the Number of Acreage of Conservation Area and Passive Park Property in the City of Sebastian (no backup) 03.210 03.211 03.178 1-6 7-14 03.212 15-16 03.213 17-18 03.214 19-22 03.215 23-26 03.216 27-32 03.217 33-48 Sm E. Presentation by Representatives from the 45th Weather Squadron Patrick AFB on Lightning Safety Initiatives (no backup) F. Presentation by Nigel Hargraves Regarding the Sebastian Inlet Sail and Power Squadron Charter Weekend on Nov. 6, 7 and 8, 2003 (no backup) G. Presentation by Chief Jim Davis Regarding Litter in the City of Sebastian (memo, statutes) CONSENT AGENDA All items on the consent agenda are considered routine and w~ll 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 Regular Meeting Minutes - 10/8/03 a. Approve Attendance, Reimbursement, and Travel of Charter Officers and Elected Officials to the Treasure Coast Council of Local Govemments Banquet and Meeting on November 25, 2003 in Jensen Beach (City Clerk Transmittal 10/14/03, Invitation) C. Approve Request to Serve Alcohol at Community Center for Loudermilk Wedding Reception on October 25, 2003 from 6:30 to 11:30 p.m. (Parks Transmittal 10/15/03) D. Waive Fees for Sebastian Inlet Sail and Power Squadron's Use of Yacht Club for 2004 Dates (Parks Transmittal 10/15/03, Date List) E. Move to Waive Sealed Bidding Process and Authorize the City Manager to Purchase a 26-Foot Panel Decorated Holiday Tree from Clark Display Sales, Inc. in the Amount of $14,393.75 Which Includes Installation, Removal and Storage and Also Authorize the 2003-2004 Lease Continuance Agreement Between Clark Sales Display, Inc. and the City of Sebastian for the US #1 and Indian River Drive Holiday Pole Displays in the Amount of $8511.75 (GSA Transmittal 10/15/03, proposals) F. Approve the Contract Award to Community Asphalt Corporation to Perform Asphalt Resurfacing of Roads and for Asphalt to Repair Potholes on an As-Needed Basis, Not to Exceed $153,000 and Subject to Terms and Conditions of Indian River County Term Contract #6010 for Asphalt Paving and Resurfacing (Public Works Transmittal 10/14/03, Contract and Schedule) G. Resolution No. R-03-50 - Vacation of Easement - Mulhern - Lot 7 & East 15 feet of Lot 6, Block 31, Sebastian Highlands Unit 1 (GMD Transmittal 10/15/03, R-03-50, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 6 AND 7, BLOCK 31, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. COMMITTEE REPORTS/RECOMMENDATIONS PUBLIC HEARING - none 10. 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 11. OLD BUSINESS 12. NEW BUSINESS 03.070 49-50 A. Resolution No. R-03-47 Infrastructure Sales Surtax Revenue Bonds, Series 2003A to Finance Construction of Certain Capital Improvements In and For the City (City Manager Transmittal 10/15/03) 03.070 51-52 a. Resolution No. R-03-48 Master Revenue Bond Issuance for Stormwater Projects in Accordance with the Stormwater Master Plan (City Manager Transmittal 10/15/03) 03.070 51-52 C, Resolution No. R-03-49 Revenue Series 2003 Bond Issuance for Stormwater Utility Improvements In and For the City (City Manager Transmittal 10/15/03) 03.095 53-78 D. First Reading of Ordinance No. O-03-14 - Conceptual Development Plan and Rezoning Request from Agricultural (A-l) to Planned Unit Development Residential (PUD?R) for a Proposed 63-Acre Planned Unit Development Situated Along CR510 South of CR512 and Known as Sebastian River Landings Unit II (GMD Transmittal 10/15/03, O-03-14, Conceptual Plan, Staff Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 63 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS UNIT I!; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mr. McCollum B. Mr. Barczyk C. Mayor Barnes D. Mr. Hill E. Mr. Coniglio 17. ADJOURN (All meetings shall adjoum at 10:30 p.m. unless extended for up to one half hour by a majodty vote of City Council) ~lY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS =ETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE ;~OCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING ~OULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. ocommg Meetings: November 5, 2003 - 7:00 p.m. - Special Council Meeting; November 12, 2003 - 7:00 p.m. - Regular auncil; December 10, 2003 - 7:00 p.m. - Regular Council 3 Sebastian Police Department 1201 Main Street Sebastian, Florida, 32958 561-589-5233 Fax 561-388 1872 e-mail spd@cityofsebastian.org James Davis, Chief of Police DATE - October 14, 2003 TO · Terrence Moore, City Manager FROM REF · · James A Davis, Chief of Police Litter in the City of Sebastian A few weeks ago at a management meeting we talked about the problem of litter in the City, most noticeable the litter along our roadways. At that time we thought it would be a good idea to initiate a campaign to curtail the problem and help keep the City dean. The police department is ready to concentrate extra efforts in this regard. We would like to begin the campaign with the blessing of the Council and some public awareness messages asking for dtizens to assist us in our endeavors. We can do this through the use of the local newspapers, our quarterly newsletter and our local TV channel. I have attached a copy of the statutes that cover littering and load spillage. I believe we can make a difference, hopefully through voluntary cooperation. Statutes & Constitution 'View Statutes '- >2003->Ch0403->Section ... Page I of 4 October 14, 2003 Home Session Committees Senators Information Center Statutes E Constitution Lobbyist Information Select Year: 12003 The 2003 Florida Statutes titte XXIX PUBLIC HEALTH 403.413 Florida Litter Law.-- Chapter 403 ENVIRONMENTAL CO NTROL View Ent Se,,ion: Chamber: (1) SHORT TITLE.--This section may be cited as the "Ftodda Litter Law." (2) DEFINITIONS.--As used in this section: (a) "Litter" means any garbage; rubbish; trash; refuse; can; bottte; box; container; product; tire; appliance; mechanica[ equipment or part; building or construction mz machinery; wood; motor vehicte or motor vehicle part; vessel; aircraft; farm machil equipment; studge from a waste treatment facility, water suppty treatment plant, control facitity; or substance in any form resutting from domestic, industria[, comm~ agricuttura[, or governmental operations. (bi "Person" means any individuat, firm, sole proprietorship, partnership, corporatic unincorporated association. Year: ~l 1 Enter Your Zip+4 Code: (c) "Law enforcement officer" means any officer of the Florida Highway Parrot, a co department, a municipal taw enforcement department, a [aw enforcement departm other political subdivision, the department, or the Fish and Wildlife Conservation Cc addition, and so[ety for the purposes of this section, "[aw enforcement officer" meat emptoyee of a county or municipal park or recreation department designated by the head as a litter enforcement officer. (d) "Aircraft" means a motor vehicle or other vehicte that is used or designed to fly inctude a parachute or any other device used primarily as safety aquipment. (e) "Commercial purpose" means for the purpose of economic gain. (fi "Commercial vehicle" means a vehicle that is owned or used by a business, corpc association, partnership, or sore proprietorship or any other entity conducting busin. commercial purpose. (g) "Dump" means to dump, throw, discard, ptace, deposit, or dispose of. http://www.flsenate (hi "Motor vehicte" means an automobite, motorcycte, truck, traiter, semitraiter, tn semitraiter combination or any other vehicle that is powered by a motor. (i) '~/esse[" means a boat, barge, or airboat or any other vehicle used for transporta .gov/Statutes/index.cfm?App_mode=Display_S... !0/:[4/2003 Statutes & Constitution :View Statutes :->2003->ChO403->$ection ... Page 2 of 4 (3) RESPONSIBILITY OF LOCAL GOVERNING BODY OF A COUNTY OR MUNICIPALITY.--~ governing body of a county or a municipality shaLL determine the training and quaLif' employee of the county or municipality or any employee of the county or municipal recreation department designated to enforce the provisions of this section if the de,. employee is not a regular Law enforcement officer. (4) DUMPING LITTER PROHIBITED.--UnLess otherwise authorized by Law or permit, it any person to dump Jitter in any manner or amount: (a) In or on any public highway, road, street, aLLey, or thoroughfare, including any I ri~ht-of-way thereof, or any other public Lands, except in containers or areas Lawful therefor. When any Jitter is thrown or discarded from a motor vehicle, the operator the motor vehicle, or both, shat[ be deemed in violation of this section; (b) In or on any freshwater Lake, river, canaL, or stream or tidal or coastal water of including canals. When any Litter is thrown or discarded from a boat, the operator o boat, or both, shaLL be deemed in violation of this section; or (c) In or on any private property, unless prior consent of the owner has been Biven. Litter wiLL not cause a public nuisance or be in violation of any other state or Local Le regulation. (5) DUMPING RAW HUMAN WASTE PROHIBITED.--Unless otherwise authorized by Law unlawful for any person to dump raw human waste from any train, aircraft, motor v, vessel upon the public or private lands or waters of the state. (6) PENALTIES; ENFORCEMENT.-- (a) Any person who dumps titter in violation of subsection (4) in an amount not exc~ pounds in weight or 27 cubic feet in volume and not for commercial purposes is guiLi noncriminal infraction, punishable by a civil penalty of $50. In addition, the court m violator to pick up Litter or perform other tabor commensurate with the offense corr (b) Any person who dumps Litter in violation of subsection (4) in an amount exceedi weight or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 100 ct volume and not for commercial purposes is ~juitty of a misdemeanor of the first degr as provided in s. 775.082 or s. 775.083. In addition, the court shaLL require the viola Litter or perform other community service commensurate with the offense committE the violation involves the use of a motor vehicle, upon a findin8 of gui[t, whether or adjudication is withheld or whether imposition of sentence is withheld, deferred, or the court shat[ forward a record of the findin8 to the Department of Highway Safety Vehicles, which shat[ record a penalty of three points on the violator's driver's Licens the point system established by s. 322.27. (c) Any person who dumps Litter in violation of subsection (4) in an amount exceedi in weight or 100 cubic feet in volume or in any quantity for commercial purposes, ol which is a hazardous waste as defined in s. 403.703, is guilty of a felony of the third punishable as provided in s. 775.082 or s. 775.083. In addition, the court may order 1. Remove or render harm[ess the titter that he or she dumped in violation of this s 2. Repair or restore property damaged by, or pay damages for any damage arisin~E .~.. "~ her dumping titter in violation of this section; or 3. Perform public service relating to the removal of Litter dumped in violation of th the restoration of an area poLLuted by titter dumped in violation of this section. http://www.flsenate.gov/Statutes/index, cfm?App_mode=Display_S... 10/14/2003 Statutes & Constitution :View Statutes :->2003->Ch0403->Section ... Page 3 of 4 (d) A court may enjoin a vioJation of this section. (e) A motor vehicJe, vesseL, aircraft, container, crane, winch, or machine used to d exceeds 500 pounds in weight or 100 cubic feet in voJume is declared contraband an forfeiture in the same manner as provided in ss. 932.703 and 932.704. (f) If a person sustains damages arising out of a viol,ation of this section that is puni: felony, a court, in a civil, action for such damages, shat[ order the person to pay the threefotd the actual` damages or $200, whichever amount is greater. In addition, the order the person to pay the injured party's court costs and attorney's fees. A final ju rendered in a criminal proceeding against a defendant under this section estops the from asserting any issue in a subsequent civiJ action under this paragraph which he ( estopped from asserting if such judgment were rendered in the civil action un[ess tf judgment was based upon a pl,ea of no contest or nolo contendere. (8) For the purposes of this section, if a person dumps l,itter or raw human waste fn commercial` vehicle, that person is presumed to have dumped the l,itter or raw hume commercial purposes. th) In the criminal, tda[ of a person charged with viotating this section, the state do burden of proving that the person did not have the right or authority to dump the [ii human waste or that Jitter or raw human waste dumped on private property causes nuisance. The defendant has the burden of proving that he or she had authority to c or raw human waste and that the Jitter or raw human waste dumped does not cause nuisance. (i) It shat[ be the duty of al,t [aw enforcement officers to enforce the provisions of t (j) Any person who viotates the provisions of subsection (5) is guitty of a misdemear second degree, punishable as provided in s. 775.082 or s. 775.083; provided, howew person who dumps more than 500 pounds or more than 100 cubic feet of raw human dumps any quantity of such waste for commercial purposes, is guil,ty of a felony of t degree, punishable as provided in paragraph (c). (7) ENFORCEMENT BY CERTAIN COUNTY OR MUNICIPAL EMPLOYEES.--EmpLoyees of c municipalities whose duty it isto ensure code compl,iance or to enforce codes and o be designated by the governin~j body of the county or the municipaJity to enforce th this section. Designation of such employees shall, not provide the empl,oyees with th. bear arms or to make arrests. (8) ENFORCEMENT OF OTHER REGULATIONS.--This section does not l,imit the author' or total ag, ency to enforce other Jaws, rules, or ordinances relating to titter or so[id management. History.--ss. 1, 2, 3, 4, 4A, ch. 71-239; s. 1, ch. 75-266; s. 1, ch. 77-82; s. 1, ch. 78. 80-382; s. 1, ch. 82-63; s. 1, ch. 88-79; s. 56, ch. 88-130; s. 12, ch. 89-175; s. 14, cf ch. 90-76; ss. 16, 17, ch. 91-286; s. 378, ch. 94-356; s. 1, ch. 95-165; s. 1 i, ch. 97-1 99 -245. Bi[ts - Calendars · JournaLs · Citator · Search · Appropriations · Redistricting · Video ~mittees: Committee Pages · Committee PubLications · Meeting Packets · Committee Reports 's: President's Page · Member Pages · District Information · Find Your LegisLators Information Center: Introduction · About the LegisLature · PubLications · GLossary · HeLp · Lin~ E Constitution: Introduction · View Statutes · Search Statutes · Constitution · Laws of information: Introduction · Lists · LegisLative Directory · Guide Book · Forms http://www.flsenate.gov/Statutes/index.cfm?App-mode=Display-S... 10/14/2003 Statutes & Constitution 'View Statutes .->2003->CnU31b->sect~on ... ~age ~ or z October 14, 2003 Home Session Committees Senators Information Center Statutes Et Constitution Lobbyist Information Select Year: 12003 ~ The 2003 Florida Statutes I~ Title XXIli Chapter 316 I~ MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL I~ 316.520 Loads on vehicles.-- View E (1A vehicle not be driven or moved on any highway unless the vehicle is so cc ) may loaded as Lo prevent any of its load from dropping, shifting, leaking, blowing, or otf Session: j2004 ~ escaping therefrom, except that sand may be dropped only for the purpose of secur water or other substance may be sprinkled on a roadway in cleaning or maintaining B~tt #: ~~ jjl(2) It is the duty of every owner and driver, severally, of any vehicle hauling, upon or highway open to the public, dirt, sand, Lime rock, gravet, silica, or other similar trash, garbage, any inanimate object or objects, or any similar matedat that could Enter Your Zip+4 Code: from such vehicle, to prevent such materials from faLLing, blowing, or in any way es~ such vehicle. Covering and securing the load with a close-fitting tarpaulin or other e cover or a Load securing device meeting the requirements of 49 C.F.R.s. 393.100 or designed to reasonably ensure that cargo wilt not shift upon or fall from the vehicle shaLL constitute compliance with this section. (3)(a) Except as provided in paragraph (b), a violation of this section is a noncdmin infraction, punishable as a nonmoving violation as provided in chapter 318. (b) Any person who wiLLfuLLy violates the provisions of this section which offense re; bodily injury or death to an individual and which offense occurs as a result of failing. subsections (1) and (2) commits a criminal traffic offense and a misdemeanor of the punishable as provided in s. 775.082 or s. 775.083. (4) The provision of subsection (2) requiring covering and securing the load with a c tarpaulin or other appropriate cover does not apply to vehicles carrying agricultural locaLLy from a harvest site or to or from a farm on roads where the posted speed Jim per hour or Less and the distance driven on public roads is Less than 20 miles. Histery.--s. 1, ch. 71-135; s. 1, ch. 73-174; s. 1, ch. 74-111; s. 1, ch. 76-31; ss. 5, 2' ss. 70, 106, ch. 2002-20; s. 4, ch. :2002-235. Note.--Former s. 316.198. ,n: BiLLs. CaLendars- Journals. Citator- Search. Appropriations. Redistricting. Vide( ~mittees: Committee Pao~es. Committee PubLications · Meeting Packets · Committee Reports ~nators: President's Page -- Member Pages · District Information · Find Your LegisLators "ormationCenter: Int;oduction. Abo~JttheLeRisl. ature- PubLications- GLossary. HeLl:). ,lutes e: Constitution: Introduction- View Sta:~utes. Search Statutes- ConstitUtion- 'Law~ot Information: Introduction · Lists · Legislative Directory · Guide Book · Forms ~ -.~j http ://www.flsenate.gov/Statutes/index. cfm?App_mode=Display-S... :t0/:t4/2003 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 8, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA . m w 1 The Mayor called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Father John Morrissey of St. Sebastian Catholic Church gave the invocation. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Stormwater Engineer, Ken Jones Finance Director, Shai Francis Police Chief, James Davis Airport Director, Jason Milewski Regular City Council Meeting October 8, 2003 Page Two . AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) The Mayor added a proclamation recognizing Arts and Humanities Month as the first item of item 6 by consensus of Council. 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Proclamation - National Arts and Humanities Month - October Mayor Barnes read and presented the proclamation to Sheila Tucker and Mary Jane Kelly. 03.201 A. Certificate of Appreciation to GFWC Sebastian Jr. Women's Club for Kroegel Statue Mayor Barnes presented a certificate to Shirley Wohlstenholme. 03.039 B. Certificate of Appreciation to Ed Seeley for Code Enforcement Board Service Mayor Barnes presented the certificate to Mr. Seeley. 03.126 C. Presentation by Historic Preservation Architect John Dean Old Sebastian Elementary School/City Hall Restoration Program John Dean presented the conceptual renovation plan for the Old City Hall building, which will begin when the new City Hall is completed and the old building is vacated. Mr. Hill said he would like to see a full restoration of one of the classrooms. Mr. Dean said this project will take approximately six months. 03.202 D, Presentation by Ralph Brown, P.E., St. John's River Water Management District Progress Relative to Construction of Sebastian Stormwater Passive Park Ralph Brown, P.E., St. Johns River Water Management District, updated City Council on the 165 acre Sebastian Stormwater Passive Park, and responded to questions from City Council. The City Manager responded that this is a passive park and not appropriate for mountain bikes. Mr. Brown said the parking area has not yet been designed, but would possibly accommodate 8-10 cars, said they could look at adding other walking entrances on other streets, and noted that gopher tortoises have been moved for construction. O3.13O E. Presentation by Representatives from Patterson-Bach Sebastian Economic Development Strategic Marketinq Communications Plan (Economic Development & Strategic Marketinq Communications Plan) The City Manager introduced Chuck Wheeler, Patterson-Bach, who gave an overview of the plan (a copy of the plan is on file in the Office.of the City Clerk). City Council commended him for the report. Regular City Council Meeting October 8, 2003 Page Three 03.070 F. Presentation by Representatives from Kirpatrick Pettis Stormwater Utility and Capital Improvement Revenue Bond Issuance The City Manager introduced Jeff Larson, Kirkpatrick Pettis, the City's investment bankers, discussed the $9.5 million bond closed in April for the new City Hall complex, described the additional bond for completion of the complex including the recreation area, and said he would bring back a series resolution on October 22nd. The City Manager, in response to Mr. Hill, explained the additional funding needed beyond the original $9.5 million bond as explained in his memo dated September 26th. Mr. Hill expressed strong concern because it was previously made clear to the public that this project would not exceed 9.5 million and they are now being told that it will be an additional $1.9 million. Mr. McCollum said a lot of the additional cost would be to cover furniture and equipment and he felt it important that everything in the building be new. Mr. Hill agreed with this but said the original estimate included these items. The City Manager said the original estimates did not include some of the site work for the park that will need to be accomplished, and that the estimates at that time were a work in process. Mr. Hill said he had asked at the beginning of the process whether the park property would be included in the $9.5 million and was told it would. The City Manager said that the Council has not yet received a recommendation from staff relative to the additional funding, nor has Council acted upon it. The City Manager said, for the record, there will be no further recommendations above and beyond what is being offered tonight. TAPE I - SIDE II (8:03 p.m.) Sal Neglia said the public and Council have been misled about the project cost, and staff should have waited to proceed until it was aware of all costs. Damian Gilliams agreed that additional monies should not be needed and asked what will happen when there are change orders. He recommended that the project be stopped and re-evaluated. Mr. Larson continued with his presentation on the proposed $6.4 million stormwater bond and referenced his memo to City staff dated October 2, 2003 as included in the agenda packet. (also see project handout provided to City Council prior to this meeting attached to these minutes) He said he will return to City Council on October 22, 2003 with the master resolution and the series resolution. He reported the rates are up slightly and the market is volatile right now, thus the urgent timetable. Regular City Council Meeting October 8, 2003 Page Four Mr. Larson continued to respond to inquiries from Council relative to the financing options. City Council provided a 5-0 consensus for Mr. Larson to proceed. m 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 and acted upon separately. 1-12 A. Approval of Regular Meeting Minutes - 9/24/03 03.203 13-16 a. Authorize the Expenditure, Not to Exceed $90,775 for the Purchase of Diesel and Regular Unleaded Fuels from Port Petroleum as Per the St. Lucie County School Board Term Contract (GSA Transmittal 9/29/03, Renewal Notification) 03.204 17-38 C, Waive Competitive Bid Process and Approve the Purchase of One 2001 Mercury Sable Vehicles and Three 2001 Mercury Marquis for the Police Department from Vero Beach Lincoln/Mercury Dealer and Authorize the Trade-In of Four Surplus Administrative Vehicles, Not to Exceed the Expenditure of $40,129 (PD Transmittal 9/30/03, Corresponding Vehicle Information) 03.152 39-44 O. Approve Change Order #1 to Contract Between City of Sebastian and Jobear/Warden Construction AND Award Pavement Work Using Indian River County Contract Bid #.4010 to Dickerson Florida, Inc. for Total of $33,993.50 for Road and Water Improvements at Sebastian Municipal Airport (Airport Transmittal 9/30/03) 03.068 45-58 E. Resolution R-03-46 - Final Plat for Laurel Reserve Subdivision (GMD Transmittal R-03-46, Application, Plat, Contract) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS LAUREL RESERVE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the resolution title and read the amended item C which should be one Mercury Sable Vehicle and three Mercury Marquis vehicles which including the value of the trade-ins, should not exceed $40,129. MOTION by Hill/Coniglio "Mayor, I move approval of consent agenda items A-E." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 Regular City Council Meeting October 8, 2003 Page Five 03.070 59-~ 03.187 75-78 . . 10. 11. 12. COMMITTEE REPORTS/RECOMMENDATIONS - None PUBLIC HEARING - None 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 Russ Owen, 344 Columbus Street, remarked on cut branches left on his street. The City Manager responded that it was from a FPL project. OLD BUSINESS - None NEW BUSINESS A, Resolution No. R-03-45 Reqarding Reimbursement of Certain Costs Relatinq to the Acquisition and Construction of Certain Capital Improvements Involvinq Stormwater Utilities (Finance Transmittal 2/2/03, R-03-45, Memo, Summary) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REGARDING INCURRENCE OF DEBT AND REIMBURSEMENT OF CERTAIN COSTS RELATING TO CONSTRUCTION OF CERTAIN CAPITAL IMPROVEMENTS INVOLVING STORMWATER UTILITIES; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the resolution title. MOTION by Hill/Coniglio "1 move to adopt Resolution R-03-45." Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 Bo First Readin,q Ordinance No. O-03-15 - Control of Open Burning -Schedule Public Hearing for 11/12/03 (City Attorney Transmittal 10/2/03, O-03-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 42-48 CONTROL OF OPEN BURNING; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title and explained the changes within the ordinance. Regular City Council Meeting October 8, 2003 Page Six MOTION by McCollum/Hill "Mayor I move to approve Ordinance 03, O-03-15 for first reading." Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 5-0 13. CITY ATTORNEY MATTERS 03.205 79-80 A. Letter Regarding HB113A (Memo, Letter) Reported on HB113A regarding a proposed a fee of $200 for filing Code Enforcement cases in court, noting that the City does not utilize the court system, therefore will not be affected by the law. Reported on the transmittal dates for filing land use amendments, noting DCA will count the transmittals when they are approved. He explained the City has six separate matters to address and suggested a special meeting to address them rather than use up an entire regular meeting to consider them. The Special Meeting was scheduled for November 5th, 2003 at 7 p.m. to hear these issues. Advised the City to wait to proceed with collection from Capital Sanitation until the court made a ruling as to whether the City followed proper termination procedures. 14. CITY MANAGER MATTERS 03.191 A. Acknowledqements and Compliments from Residents (no backup) The City Manager stated he recently received resident accolades for the stormwater department, Schumann Drive medians, the City Hall tour for home school students, and the Public Works road crew. The City Clerk commended Officer Paul Graves for his participation in the tour. The City Attorney pointed out the thank you banner hanging in the City Hall building from the Boys and Girls Club. 15. CITY CLERK MATTERS Announced the North County Relay for Life Kickoff Party at Captain Hiram's October 14th at 5:30 p.m. to begin the countdown for the May 7 and 8, 2004 Relay for Life at Sebastian River High School. Regular City Council Meeting October 8, 2003 Page Seven 16. CITY COUNCIL MATTERS A. Mr. Barczyk Stated he had spent some time with Indian River County Parks and Recreation Department and found out that they plan to build three 350' softball fields at the North County Sports Complex. He suggested the City also build the bigger ball field rather than the smaller little league size. Requested the handicapped parking stripes at the Yacht Club be repainted. Invited the public to attend Student Government Day on October 22nd. Stated that the TCCLG banquet date had been changed and that maybe approval for the council and charter officer tickets be put on the agenda. B. Mr. McCollum Wished the Cubs good luck. C. Mayor Barnes Welcomed back City Attorney, Rich Stringer who was considering employment in the northern part of Florida. Stated that he had worked for Habitat for Humanity two weeks ago on 38th Street, and that it was such a great cause and he invited the public to help build houses. Stated Bill Germann requested some pepper trees hanging over his street be removed and the City Manager stated it was being taken care of. D. Mr. Hill- none E. Mr. Coniglio Commented on the Sebastian Highlands ,~;crub interlocal agreement and requested that County staff make a presentation before Council. Stated that the City was fortunate with property values and wondered if staff could look into what other communities are doing regarding tax credits for businesses. He would like a formal presentation at a future meeting. The City Manager stated that was part of Patterson-Bach's marketing strategy and Council would be provided further information. Announced the Men's health fair at Sebastian River Medical Center on Saturday, October 11th from 8 am to noon and he encouraged everyone to go. Regular City Council Meeting October 8, 2003 Page Eight 17. Being no further business, the Mayor adjourned the meeting at 9:00 p.m. Approved at the November 12th, 2003 Regular City Council Meeting. Walter W. Barnes, Mayor ATTEST: Sally A. Maio, CMC, City Clerk HOME OF PEUCAN ISIJ~ID City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Treasure Coast Council of Local Agenda No. 03. -. Governments Annual Banquet and Meeting Dept. Origin: City Clerk Date Submitted: 10/14/03 ved ab ' .~Manager ~=or Agenda of: 10/22/03 Exhibits: TC(q[J~ Invitation Expenditure Required: Amount Budgeted: Appropriation Required: SUM MARY STATEMENT As in past years, should any City Council members or Charter Officers wish to be reimbursed for attendance at the Treasure Coast Council of Local Governments Banquet and Meeting, on Friday, November 7, 2003, prior approval, in accordance with Section 2-77 is required. RECOMMENDED ACTION Approve Attendance, Reimbursement, and Travel of Charter Officers and Elected Officials to the Treasure Coast Council of Local Governments Banquet and Meeting on November 25, 2003 in Jensen Beach Treasure Coast Council cf Local Governments Cordially invites you to attend our Annual Banquet and Meeting Fr~ay, November 7, 2003' IndiatuRiverside Park - Dockside Pavilion (2~d Floor) 1707 NE Indian River Drive Jensen Beach, FL 6:00 p.m Social Hour 7:00 p.m. Dinner Music by Bobby and alu.Blisters . ,:;"'"' Please return the enclosed Reservaticm Card by October 24, 2003 Treasure Coast Council of Local Governments Annual Banquet Revised Date of Friday, November 7, 2003 Name: organization: Title: Chicken Marsala Guest Name: Tenderloin Tips Mahi Mahi Organization: Title: Chicken Marsala Tenderloin Tips City of Sebastian, Florida Subject: Alcohol approval for Loudermilk Wedding Reception ~Approved ~/r Submittal by: Agenda No. Dept. Head' Finance: Procurement: Date Submitted: 10/15103 For Agenda of: 10/22/03 Exhibits: None EXPENDITURE REQUIRED: None BUDGET AVAILABLE: NIA APPROPRIATION REQUIRED: None Background Staff has received an application and all applicable fees paid from Ms. Sandra Blakeslee for a wedding reception at the Community Center. The reception is on October 25, 2003 from 6:30 to 11:30 PM. They are requesting Council approval to serve alcohol at the reception. Staff has verified the applicant's date of birth. SUMMARY Move to approve request to serve alcohol at the Community Center for Loudermilk wedding reception on October 25, 2003 from 6:30 to 11:30 PM. City of Sebastian, Florida Subject: Presentation by Nigel Hargreaves in regards to the Sebastian Inlet Sail and Power Squadron Charter Weekend on Nov. 6,7 & 8, 2003. Fee waiver and Approval of 2004 meeting dates at Yacht Club. Approvec fo/r Submittal by: '~~M a~er ~ibits: List Agenda No. Dept. Head: Finance: Procurement: 0 3.21 / Date Submitted: 10/15/03 For Agenda of: 10/22/03 of 2004 Dates' for Power Squadron Meetings EXPENDITURE REQUIRED: None BUDGET AVAILABLE: N/A APPROPRIATION REQUIRED: None Backqround Nigel Hargreaves, SN, District 8 Lieutenant Commander of the United States Power Squadron would like to give a presentation on the upcoming Sebastian Inlet Sail and Power Squadron's Charter Weekend. The Charter Weekend will be on November 6, 7 & 8, 2003. The weekend will include a visit from the Chlef Commander of the United States Power Squadrons. Mr. Hargreaves would like Council approval again to waive the fees for use of the Yacht Club for their 2004 meetings. Council waived these fees for their 2003 meeting dates. SUMMARY Consider presentation and act accordingly. Move to waive fee for Sebastian Inlet Sail and Power Squadron's use of Yacht Club ~or__ the attached dates and times. SEBASTIAN INLET SAIL POWER SQUADRON YACHT CLUB DATES 2004 Date Time Monday 05-Jan-047.30 p.m.- 10.00 p.m. Classroom Monday 12-jan-047.30 p.m. - 10.00 p.m. Executive Committee Meeting Monday 26-Jan-047..30'p.m. - 10.00 p.m. General Membership Meeting Saturday 31-Jan-048.30 a.m. - 4.30 p.m. Boating Course . , Sunday 01-Feb-0412.30 p.m. -4.30 p.m. Boating Course Monday 02-Feb-047.30 p.m.- 10.00 P.m.' Classroom Monday 09-Feb-047.30 p.m. - 10.00 p.m. Executive Committee Meeting Monday 23-Feb-047.30 p.m. - 10.00 p.m. General Membership Meeting Monday 01-Mar-047.30 p.m. - 10.00 p.m. Classroom Monday 08-Mar-047.30. p.m. - 10.00 p.m. ExecutiVe Committee Meeting Monday 22-Mar-047.30 p.m. - 10.00 p.m. General Membership,Meeting Monday 05-Apr-047.30 p.m. - 10,00 P.m. Classroom Monday 12-Apr-047.30 p.m. - 10.'00 p.m. Executive Committee Meeting Saturday 17-Apr-048.30 a.m. - 4.30 p.m. Boating Course Sunday 18-Apr-0412.30 p.m. - 4.30 p.m. Boating Course Monday. 26-Apr-047.30 p.m. - 10.00 p.m. General Membership Meeting Monday 03-May-047.:30 p.m. - 10.00 p.m. Classroom _ Monday 10-May-047.30 p.m. - 10.00 p.m, Executive Committee Meeting Monday 24-May-047.30 p.m. - 10.00 p.m. General Membership Meeting Monday 07-Jun-047.30 p.m.- 10.00 p.m. Classroom , Monday 14-Jun-047..30 p.m. - 10.00 p.m. Executive Committee Meeting Monday 28-Jun-047.30 p.m. - 10.00 p.m. General MembershiP Meeting Monday 05-Jul-047.30 p.m.- 10.00 p.m. Classroom Monday 12-Ju1-047.30 p.m. - 10.00 p.m. Executive Committee Meeting saturday 24-Ju1-048.30 a.m. - 4.30 p.m. Boating Course Sunday 25-Ju1-0412.30 p.m. -4.30 p.m. Boating Course , Monday 26-Ju1-047.30 p.m. - 10.00 p.m. General Membership Meeting Monday 02-Aug-047.30 p.m.- 10.00 p.m. Classroom Monday 09-Aug-047.30 p.m. - 10.00 p.m. Executive Committee Meeting Monday 23-Aug-047.30 p.m. - 10.00 p.m. General Membership Meeting SEBASTIAN INLET SAIL POWER SQUADRON YACHT CLUB DATES 2004 Monday 06-Sep-04 7.30 p.m.- 10.00 p.m. Classroom Monday 13-Sep-04 7.30 p.m. - 10.00 p.m. Executive Committee Meeting Saturday 25-Sep-04 8.30'a.m. - 4.30 p.m. Boating Course Sunday 26-Sep-04;1'2.30 p.m. -4.30'p.m. Boating Course Monday 27-Sep-04 7.30 p.m. - 10.00 p.m. General Membership Meeting ,Monday 04-Oct-04 7.30 p.m.- 10.00 p.m. Classroom Monday 11-Oct-04 7.30 p.m. - 10.00 P.m. Executive Committee Meeting Monday 25-Oct-04 7.30 p.m. - 10.00 p.m. General Membership Meeting Monday 01-Nov-04 7.30 p.m.- 10.00 p.m. Classroom Monday 08-Nov-04 7.30 p.m. - 10.00 p.m. Executive Committee Meeting Saturday 20-Nov-04 8.30 a.m. - 4.30 p.m. Boating Course Sunday 21-Nov-04 12.30 p.m. - 4.30 p.m. Boating Course Monday 22-Nov-04 7.30 p.m. - 10.00 p.m. General Membership Meeting Monday 06-Dec-04 7.30 p.m.- 10.00 p.m. Classroom Monday 13-Dec-04 7.30 p.m. - 10.00 p.m. Executive Committee Meeting Monday 27-Dec-04 7.30 p.m. - 10.00 p.m. General Membership Meeting Subject: Holiday Decorations At'roved fox~l~:0tt~y: Cit3, Manager l~rrende~. Moore Agenda No. _ · Department Origin:, Finance Depu:~ General Services: Date Submitted: 10-16-03 For Agenda off 10-22-03 Exhibits: Proposal from Clark Sales Display, Inc., for 2003 Lease Continuance and Proposal to purchase 26 foot panel Holiday Tree EXPENDITURE REQUIRED: Lease Continuance: $8,511.75 Tree Purchase: $14,[198.75 AMOUNT BUDGETED: 140051-534830 Special Events:"$41,000.00 IAPPROPRIATION REQUIRED: As we prepare for the upcoming holiday season, marl'met with Clark Sales Display, Inc., Tavares, FL and recommends that the City enter into an Annual Lease Continuance Agreement with Clark Sales, Inc., for holiday pole displays along U. S. Highway #1 and Indian River Drive, in the mount of $8,511.75. This cost includes the installation and removal of U.S. #1 and Indian River Drive pole displays, and the storage,..installation and removal Of four (4) holiday wre, aths purchased last ye, arm be displayed at City Hall and the Police Facility. In addition to the Annual Lease Continuance Agreement, between Clarks Sales Display, Inc., and the City of Sebastian, staff received additional quotes including various lease and purchase options for a 26 foot panel Holiday Tree to be displayed at Riverview Park. After reviewing cost comparisons and discounts, along with the past performance 'of Clark Display Sales, Inc., staff recommends the purchase of a 26 foot Holiday Tree, completely lit and topped with a 5' Holiday Nativity Star, in the mount of $14,393.75 fi'om Clarks Sales Display, Inc., Tavares, FL. The initial purchase of $14,393.75 includes storage, installation and removal costs. After the first year, the cost for tree storage, installation and removal will be approximately $3,900.00. per year. RECOMMENDED ACTION Move to waive the sealed bidding process and authorize the City Manager to purchase a 26 foot Panel Holiday Tree from Clark Display Sales, Inc., Tavares, Fl, completely lit and topped with a 5 foot Holiday Nativity Star, including installation, removal and storage in the amount of $14,393.75 and also authorize the 2003-2004 Lease Continuance Agreement between Clarks Sales Display, Inc., and the City of Sebastian for U.S. #1 and Indian River Drive holiday pole displays in the amount of $8,511.75. 08/'28,/2003 13'58 F&X 352 343 0154 CLARK SALES D'r.?.PL,~,Y TNC. [~002,/007 II CIIA,,RK SALES DISPLAYs, ~NC, ' PROPOSAL i POST OFFICE BOX 1007 ~ TA~ARES, FLORIDA 82T~8 SALES - L~SE INSTAL~TION ~ ~RRENO~ MOOR~ :TERREN'CE MOORE ~ ~A ~ ~ Se~ian, FL S2978 1225 ~IN STREET ~ ~ Phone: 56'1-388-8241 ~ ~~ F~: 561-589-5570 ~u~fions? Pl~se call L~ Cia~ Quote Number: 30160 29 [~OLE MOUNT 2[}t POLE TRIM 42 II=OLF-. TRIM 4 INSTALLATIO I 8TORAGE i INFO LEASE CONTINUANCE 2003. I POLE DISPLAYS FOR US 1 LIGHT POLES TO BE E:IECORATED. WITIfl A COMBINATION OF 7' TO 8' HC'L,~DAY DISPLAYS, VIII"WCt-f CA,N iNCLUDE, ,..~TOCK,WC.-~, 4'-5' WREATHS, CANDLES, AND A VARIETY OF TREES. O~ARLAND POLE TRIM TO ACCENTUATE POLE MOUNT DISPLAYS POLE DISPLAYS FOR INDIAN RIVER DRIVE GARLAND POL~ TRIM TO GO ON EVE~¥OTH~R DECORATIVE LAMPPO~T ON JNDIAN R~JF_R D.FL (COLOR~; RED, GR. EE~ .AM~ER) AFFIXED TO TOP OF t=OLE WILL BE 2 PREMIER BOWS. BOW ARE A HEAVY DUTY VELVET REINFORCED WR'H MESH WiRE TO HOLD SHAPE AND FORM, ~ Aide RED fN COLO~ AND TRIMMED WITH GOLD. Subtotal LONG TIMI= CUSTOMER DISCOUNT -15% SERVICE OF BUILDING FRONT WREATHS FOR CITY HALL & POLICE STATION '"~E IN~TALI..A"i"ION O,I= 4 CUSTOMER, OWNED WR~NTHS ;OR THE C].TY HALL AND POLICE STATION FOR 2002 SEASON.. ANNUAL :STORAGE OF: CUSTOMER OWNED DISPLAYS. DECORATIONS WILL BE INSTALLED IN NOVEMBER, AND REMOVED TO OUR STORAGE FACIL?'I'Y IN JANUARY'. NO MID ,..qEA,,.qON SE. RVICE t$ tNCDU, D~D EXCEPT DANGEROUS CONDITIONS WILL BE CORR£CTi~D A~ 800/'4 A~ POSSIBLE[. WE ARE IN THE DISPLAY BUSINESS ONLY AND DO NO ELECTRICAL ~K O'?HEt~ TI'fAN TO t=LUG JNTO EXISTING OU.'TLE'T~ C~L Y. Qume Expires on: Price $135,00 $30.00 $i05.00 $150,00 $24.0D $0,00 TAX TOTAL ANNUAL I~ =-ASR I CV23V2DDO 9/29/2003 Extend $3,g15.00 ~70.00 ~4,41~.00 $9,1gs.Q0 ($1,37g.25) $600.00 $96.0D! $0.00 ALL MATERIALS !$ GUARANTEED TO BE A$ SPECIFIED. ALL WORK TO BE COMPLETED IN A PROFESSIONAL MANNER ACCORDING TO STA~DARD PP, AC;'fIG"ES. A~¥ ALTERATIO~ OR DEVOTION FROM AEtOVE $I,IECIP)CA TION INVOLVING EXTRA COSTS WILL BE EXECUTED ONLY UPON WRITTEN ORDERS, AND WILL BECOME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE. ALL AGREEMENTS CONTINGENT UI=Ol~' STRtt~ES, ACCIgENT'~ OR. DELAYS BEYOND OUR CONTROL, OV~tNE:R TO' CARRY FIRE, T~..~. AND OTHER NECESSARY INSURANCE. OU~F_~ ARE FULLY ~OVERED ~Y ,/ 10/17/2003 07'18 FAX 352 343 01,94 CLARK SALES DISPLAY INC. ~002/002 Ilc ..s^- s PROPOSAL I "THE CH RtS 'f'MA S PEOPLE" ! POS, OFFICE BOX 1007 I TAYARES, FLOR1,D~ 327.7~8 ~ SALES ~ LEASE- INSTALLATION Te~n~ R. Moore ~ ~~ Seba~ian, FL 3~78 SE~STIAN CITY OF ~ ~~ 1225 MAIN~TREET ~~ ~ ~/ Sebastian, ~L 32978 ~ ~ Phone: ~1-388-~03 ~.Cla~Ch~as. com Quete Expires on: ~: 5~I-58t-~149 Questions? Ptea~ call L~ D~ 10/16t2~03 Num~ 302~ REF. ! Descfi~ion 26' SSPT 26 PANEL TREE DONE IN NA~UAL B'~NCH GAR~ND ~ $12,450. 00 ~ ~OVER 1325 LIGHTS (~25 WA~8), BASE SIZE IS t4.5' ~NS 5 ~5' HOtLtDAY ~TIV[~ STAR Wi~ A~ CL~R ~MPS $275.00 I L~ 25% discount off of ~tal~ ii~ price INSTALL / . INSTAL~TION, REMOVAL, OF CUSTOMER OWNED DISP~YS. REMOVE ~26' PANEL TREE STOOGE IANNUAL STOOGE OF CUSTOMER OWNED DISP~YS $I ,300.00  26' PANELTR~ FREIGHT FREIG~ F.O.B. HICKORY N.C. I IN~O DECORATIONS WILL BE INSTALLED IN NOVEMBER, AND REMOVED TO OUR STORAGE FACILITY IN JANUARY. WE DON"I' DO MID SEASON ~;ERVICE UNLESS DANGEROUS CONDITIONS APPLY AND THEY WILL BE CORRECTED AS SOON AS POSSIBLE. WE ARE IN THE DISPLAY BUSINESS ONLY, AND DO NOT DO ANY !ELECTRICAL WORK OTHER THAN PLUGGING INTO EXISTING ".TS. i BII..L. II~, G f NET 30 DAY i i-,ce of ~ ,~opo~a;-~-"/~ .~ ~,~z~. ~~,~. ~,~ ~ $950.00 I .. TOTAL 1 it512003 Extend $12,450.0~ $275.Q[~ ('$3,181.25) $2,600.00 51,300.00 $950.00 ,1;0,00 $0.00 $14,393.75 City of Sebastian, Florida Subject: Asphalt Road Paving and Pothole Repairs Apl~oved for S~ttal by: T~re~~~er Agenda No. O 2 Department Origin: Public Works Dept. Head: Finance: General Servic~s.; ~.~.~.~_ Date Submitted: 10/14/03 For Agenda of: 10/22/03 Exhibits' Copy of Contract and list of Scheduled Streets to be paved. EXPENDITURE I BUDGET REMAINING: APPROPRIATION REQUIRED' $ $153,000 I $153,000 REQUIRED: None SUMMARY The Engineering Department has budgeted $150,000 this year for asphalt overlay of roads, and the Public Works Department requires approximately $3000 for asphalt for pothole repairs on an as needed basis. The City typically enters into an agreement with the Contractor awarded the Indian River County Term Contract for Asphalt Paving and Resurfacing, and piggybacks the same. Indian River County bids yield lower prices due to much greater requirements for this work, and accordingly the City takes advantage of this opportunity. Community Asphalt Corp. of Vero Beach was awarded Indian River County Term Contract 4/6010 for Asphalt Paving and Resurfacing effective October 1, 2003 and agrees to perform the same work for the City of Sebastian under the terms and conditions of the prior cited Indian River County Contract. A copy of the contract is attached. Additionally, Staff schedules the contract work when we have the greatest number of streets ready and consequently take advantage of the lowest contract price available, which is usually for quantities greater than 500 tons of asphalt at a time. RECOMMENDATION Move to approve award of contract to Community Asphalt Corp. to perform asphalt resurfacing of roads and for asphalt for pothole repairs on an as needed basis not to exceed $153,000 and subject to the terms and conditions of Indian River County Term Contract #6010 for Asphal~'~~, Paving and Resurfacing. Oct i4 2003 8~56R~ Cit~ o~ Sebastian ??2-589-6880 BOAteD OF COUN~ COMMI$$1OI~I~'RS TERM CONTRACT # 6010 FOR ASP~T PAVING AND RESURFACING Comm~mit~ Asphal~ Corp 5100 29'~ Ct V~ro B~ch, FL ~67 This is t~ inform you that tl~ Indian River County Board of County Commissioners lm~by cnten into s term cOnUsot to th~ following: TERMS AND CONDITIONS Acc~pt~x~: This oontr~ is our aw.~tm~ of your offer ~ ~~ w o~ ~m~ m ~ ~10 to ~is~ .~V~ Pa~ ~d R~~ for ~c Co~ ~~ at ~e ~s ~ ~iow. ~ B~ at ~ek m~ ~ Se~~ 23, 20~ ~mv~ ~ aw~ offs bid Oct 1~ 2003 8:56RM C~t~ o? S~b~ti~n ?~2-589-6880 p.2 BOARD OF COUNTY COMM~$$1OlVERS 9 12 C in li~m of SP 9.5 Tn Co~t for Comity to ~ SP 12.$ T~m¢ Level l,~00'ztm ~2.2~ ton (increase) ~c ~el B ~c ~1 C , , ....... ...... ~,, 2. Term of Contract: A This is a one (1) yea' term c~rntraot for tho tim= period sp~ifled herein, during whi~ tl~ County may order produots t ~ oover~ by this contract as obUsated to purchase any~!n_imum m=onat of It This con=act becomes affcctivo October I ,2005 and shall remain in ~ffe=~ through s~~o, 2oo4. C. Tlxia contract may b~ ~ by mural agr~nent, for additional O~NE ~ 1] Yi~AR p~riod~ up ~ a cumulativ~ to~tl of~g ¢~1~1YEAI~ at: t~ ~mao prica,, t~ and con~fiona. Aw/a]aaa~ in ~ mrms or conditions ahall I~ accompliahM by wr~ca amendment: to ti~ con~t with fn~ app~val ra<luiring Board action. D. Tl~ vends, fox- good ~-~, ugoa ninny- (90) days prior w~Ctaa nol:i~ may cau.c~ this contra~ T~te County. retains th~ right to cancel this 0mttmct, with or without Sood cause, upon thit~ (309. day~ prior writt=n Oct 14 2003 8:5?RM Cit~ o~ Sebastian ?72-589-6880 BO~l~ OF COUNTY COMMI$$IOI~£RS Ordm~ ~t Cantr~t: The Department will p~ o~ ~ a BI~ ~~o ~ n~ ~d Th~ County hns the following Tax l~em,n~. Ccfl~oates assignS, A. C~e of Regist~ No. ~9-80-0032K for tax-fr~ mmsaclions under Chapter. 32, lntn~ ~ Code. B. Florida Sales and Uso Tax F. gettq~on Cerfifica~ No. 41.05.012529-53C. Invoices ~ be submitted, in .duplicatc, refe~ncing this contract number and thc Blanket ~ Order Number to: 1840 25t~ Suwt V~o Ikach, FL 32960-2394 Invoices against t.~i, oontmct ~ authorizod oaty at th~ prices sts~ in your Board of County Commissioners Indian River County, Florida By Fran Pow~ll, Mmu$cr September .30, 2003 Dat~ General Services Dein~nm ent ~ Purch ds~n~ Dtvlston 2628 19e Avenue Veto ~ ~flde 32~3~77Z) S67~ ~1, ].41~Fax: (~) ~Sl40 ~ih p~cm~ ~efev~om All or some of the below Streets will be paved based on funds available Coolidge fi-om Cleveland fi-om Washington fi-om Jefferson fi-om Truman fi-om Truman fi-om Lake Street fi-om Wimbrow Dr from Wimbrow Dr from Wimbrow Dr from Aldea Dr from Bristol from Arcadia from Midway Ct/Brisbane from Empire Terrace from Tracy Dr from Miller Dr. from Birtle Ct from Duban St from Duncan Ct from US #1 to Indian US #1 to Indian US #1 to Indian US #1 to Indian US #1 to Indian Railroad Tracks Wimbrow Dr to Main to Lake River Drive River Drive River Drive River Drive River Drive to US #1 Oak Street Lake to Fleming Fleming to CR512 Alhambra to Barber Alhambra to Keystone Barber to Bristol Barber to Barber Tracy to Barber Arcadia to Miller Tracy to Pelican Island Miller Dr. to end of road Aldea Dr. to Bristol St. Bristol to Aldea. HOJ~4.'E, OJ~ PELICAN ISLAND City of Sebastian, Florida Subject: Resolution No. R-03-50 Vacation of Easement - Mulhern Lot 7 & East 15 feet of Lot 6, Block 31, Sebastian Highlands Unit 1 Approved for Submittal by: Agenda No. 0 3o Z ~ -~ Department Origin: Growth Management (TH) Date Submitted: 10/15/03 For Agenda of: 10/22/03 Exhibits: 1) R-03-50 2) Site Map 3) Staff Report 4) Application 5) Utility Letters EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements located on the eastern five (5) feet of Lot 6 and the western five (5) feet of Lot 7, Block 31, Sebastian Highlands Unit 1, less the northernmost ten (10) feet thereof. The easements were not properly abandoned when the house was constructed. The current owners now wish to refinance the mortgage and need to abandon the easements for a clear title. This request does not abandon any part of the rear 10' drainage easement. As requested by the Engineering Department, the homeowners are granting an additional five (5) feet of easement on the east property line (for a total of ten (10) feet). RECOMMENDED ACTION Make a motion to adopt Resolution No. R-03-50. RESOLUTION NO. R-03-50 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 6 AND 7, BLOCK 31, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a title insurance policy is sought for an existing single-family residence at 526 Lake Drive within the City of Sebastian; and WHEREAS, the owners of the land upon which said residence had been previously constructed without properly abandoning the easements have filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The eastern five (5) feet of Lot 6 and the western five (5) feet of Lot 7, less the northernmost ten (10) feet thereof, all being in Block 31, Sebastian Highlands Unit 1, as recorded in Plat Book 5, Page 15, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. This resolution shall be recorded in the public Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Nathan McCollum The Mayor thereupon declared this Resolution duly passed and adopted this ,2003. day of CITY OF SEBASTIAN, FLORIDA 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 SCALE ¢=30'  l' t~T · ~5 LAK DRIVE LEGAL. DESCRIPTION LOT 7' AND THE E/LST I5 F~._"-F OF' 1_07' ~ 8LOCK' 3t SEP_.,AZ'FIAN HIGHLANDS OF ~E PUBUC RECORD5 OF IND~ mV~ CQU~ ~OR/DA. - 1~ = ~ ~ I~N ROD ~ ~ OR~ ~ ~mT~ ~ ~ - ~ = ~o~u~ ~ ~ ~ -- ~ = ~U~ING ~R~ R.. ~. AND ~ ~ ~ ~U~ ~A~ O~ ~A i . iiii i i ~ HO~ OF PF.~CA~ L~LA~D . . 4~ . . ABANDONMENT OF EASEMENT Staff Rep o rt Project Name: ATF - Residence at 526 Lake Drive Requested Action: Abandonment of the side public utility and drainage easements located on the eastern five (5) feet of Lot 6 and the western five (5) feet of Lot 7, Block 31, Sebastian Highlands Unit 1, less the northernmost ten (10) feet thereof. Project Location: a. Address' 526 Lake Drive b. Legal: Lot 7 & and the east 15 feet of Lot 6, Block 31, Sebastian Highlands Unit 1 Project Owner: a. Name: Charles & Ellen Mulhern, Jr. b. Address: 526 Lake Drive SebaStian, Florida 32958 Project Agent: a. Name: b. Address: Project Description: a. Narrative of proposed action: Application has been made for abandonment of the side public utility and drainage easements dedicated on the eastern five (5) feet of Lot 6 and the western five (5) feet of Lot 7, Block 31, Sebastian Highlands Unit 1, less the northernmost ten (10) feet thereof. The easements were not properly abandoned when the house was constructed. The current owners now wish to refinance the mortgage and need to abandon the easements for a clear title. b. Zoning: RS- 10 c. Future Land Use: LDR d. Existing Land Use: Single-family residence 7. Utilities Comments: a. Florida Power & Light: approved b. Southern Bell: approved c. ComCast Communications: approved d. Indian River County Utilities: approved e. City Engineer (drainage): approved, with condition Growth Management Staff Comments: This is an "after-the-fact" abandonment. The house was constructed 30 years ago without properly abandoning the easements. To date there has not any been problems regarding the lack of abandonment. The Engineering Department requested the homeowners grant an additional 5' easement on the east property line for furore drainage plans (for a total of 10 feet). The homeowners have complied and the document will be recorded along with the resolution, if approved. 9. Staff Recommendation: Approve Resolution R-03-50. Date City of Sebastian Development Order Application Permit Application No. Applicant (if not owner, wrftten authorization (notarized) from owner is required) Address: Phone Number:. ( ) FA~Number:. ( E-Mail: Owner (if different from applicant) Name: Address: Phone Numben ( ) - FAX Numhe~. ( ) - E-Mail: . . -- . PL~SE COMPLEE ONLY ~OSE S~CTIQNS WHICH ARE NECESSARY FOR ~E PERMIT OR AC%ON ~AT YOU ARE REQUESTING. COPIES OF ALL ~PS, SURV~S, DRAWINGS, ~C. SHA~ BE A~ACHED AND 81/2" 8Y 11" COPIES OF ANY A~ACHMENTS SHA~ BE INCLUDED. A~ACH ~E APPROPR~ SUPPL~AL INFOR~ON FORM. A. Project's Name (if applicable): .. B. Site Information Address: Lot:_. , ..,.Bloc~ Unit: ~ ¢i~.~F~~'' 3t t Indian River Coun~ Pardi ~ Zoning Cla~ifi~Jon: Subdivi$ion_~ ' Future Land Use: ,.. C. Description of proposed activity and purpose of the requested permit or action (a~.~ch exUa sheets if DATE RECEIVED: 9 ~/O__~.~ B z,~o , ob Fo,m CD-20O"I Approved: 08/27/97 FEE PAID: I Revi~ion: II Development RECEIVED FTie Name: Permit Application N<:. The following is required for all comprehensive plan amendments~ zoning amendment (including rezoning)~ site plans~ conditional use permits, special use perrnit, s~ variances~ exceptions~ and appeals. I/WE, . THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF 'THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPUCATION, HEREBY AUTHORtZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CfTY OF SEBASTIAN (THE =BOARD"f"CQMMISSION') TO PHYSICALLY ENTER UPON THE PROPER'FY AND ViEW THE PROPERTY IN CONNECTION WFFH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE AN'Y OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO 'THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING PROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIBN1NG THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTFFIJTION OR THE UNITED STATES CQNSTTTUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTAR!LY AND NOT AS A RESULT OF ANY COERCION APPUED, OR PROMISES MADE, BY ANY EMPLOYEE, 'AGENT, CONTRACTOR OR OFFICIAL OF THE OFTY OF SEBASTIAN. SIGNATURE DATE sworn to and subscribed before me by who is personally known to me or produced as identification, this ~ day of Notary's Signature Printed Name of Notary Commission No.~=-xpiratJon Seal: pa~e 2 ~3 ~ Develo~men I F~ie Name: Permit Application No. D. Project Personnel' Agent: /V~ Name: Address Phone NumUe¢. ( ) - FAX Numbe¢. ( ) - E-Mail: Attorney: Name: Address Phone Numben ( ) - FAX Numbe¢. ( ) - E-Mail: Engineer: //~¢"/~ Name: Address Phone Numbe¢. ( ) FAX Number:. ( ) E-Maih Surveyor: Address ~/ Phone Number:. ( ) Nu~be¢. ( ) E-Mail: ~"~¢~ ~ \ ~p ?~., , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT,.' ~ AM ~E OWNER AND ~UE %O ~E BEST OF ~ ~OW~DGE ANB 8E~EF. Si~NA~RE DA~ SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME OR PROOUCED AS IDENTIFiCATiON, 'f'HIS DAY OF NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./~PIRAT1ON SEAL' Development Apptic:adon IF otto CD-2OO"/ Approved: 08/27/97 File Name: Doa Permit Application No. Supplemental Information Easements, vacation of . . Describe the easement to be vacated (provide a legal description, if passible): Why is this vacation of an easement being request?. o Attach a survey showing the location of the property lines, all easements and all structures on the property. Pag...~e f of ~ Vacation of Easemen~-='-'~-] [Fo/7~ CD-2009 Revision: File Name: Sieasev OCT, 13.~00B B:~iPM BLDg DE-PT SEBASTIAN MO.GE~_ P. i/4 1225 MAIN STREET · SEBASTIAN, FLOI~IDA 32958 TELEPHONE (772) S89,&$1B ~ FAX (772) S89.2566 .R~QUEST 1i'O1:1 AB.~ONIViE~T OF EASE~NT (A_T_I~_)_ October 9, 2003 Descriotion of Easementto be abandoned: The pub]/c ufiliW and drainage easement located on the eastern five (5) feet of Lot 6 and the, western five (5) feet of Lot 7, Block 31, Sebastian High. lands Unit 1, less the northernmost ten (10) feet thereof. Location of Easement: 526 Lake Drive, Sebastiaa, Florida UTILITY: David l~isher, City'Engineer FAX NO: 589-6209 APPROVED: COMMENTS: ~'~ Return to: Dorri Bosworth, City of Sebastian, Growtk Management Deparm~ent Fax No. (772). 589-2566. HOME 01: PF..OCAN ISLAND 1225 MAIN STREET - SEBASTIAN, FLORIDA 32958 TELEPHONE ('772) 589-5537 a FAX [772) $89-2566 REO U~$T FOR,ABAI~O~NT OF EASEM~:NT fAT.F) October g, 2003 DescriPtion of Easement to be a_b_a~don~_d: The pubhc m~ility md ~ainage easement located on thc eastern five (5) feet of Lot 6 and th~ western five (5) feet of Lot 7, Blo~.k 31, Sebastian Hi ~ghlanch Unit 1, le~$ the northemmos: ton (10) ~et ther¢oi Location of Easement: 526 LM.ce Drive, Sebastian, Florida UTILITY: Pedro Rubiera, FPL APPROVBD'~ f AP?ROVED/DEN]]~D BY: c (sLgnature) FA.X NO: (772) 489-62:24 DATE: COMMENTS, Ret-am to: Dorri Bosworth, City of Sebastiau, Crrowth Management Department Fax No. (772) 589-2566, 5,_ i5892566 OCT. lB. E00~ 1225 MAIN STREET · SEBASTIAN, FLORIDA 329,~B TELEPHONE (772) ~Se-.q$18 · FAX [772] $B9-2.566 KEOU~ST FOR. A~B: A.NDQ~M~_ _ ~'T QEE _AS]g _b'l~'~ ~ Octob=r 9, 2003 '~ Desg~on~f ~sement to be abandoned: ~c pubSc ~ ~d ~in~c ~:~nt l~{Zd on · e eastern fly: (5) f::~ of ~t 6 ~d ~ w~t~ five (~) f~t of~t 7, BloCk ~1, S:b~ti~ ~ghl~ Umt l, ]ess ~ no~~ost ~ el0) f~t ~~f:~ :'-:~ ~= ~ Loca~en of E~~t: 526 ~s D~v~, S~b~fi~ Ftoh~ ~ ~ UTILITY: Kirk Walker, Bell South FAX NO: APPROVED: /~_ DENIED: APPROVED~DF2q/~D BY: f~,/_/,.~___ -- , -j 772'4~-$651 (si~~) COMMENTS' Dom Bosworth: CiW of Seb~tian, Crmw~ Managm'nent D~a.,'anent Fax No. (772) 589-2566. [00/I00d OqL' ON 99SESBqIgs + UNI~BBNIBNB d±~ £I: ~I £O/gI/OI : SE AST HOME OF PELIC~ ISLAND 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 [] FAX (772) 589-2566 REQUEST FOR ABANDONMENT OF EASEIVrE~NT (ATF) October 9, 2003 Description of Easement to be abandoned: The public utility and drainage easement located on the eastern five (5) feet of Lot 6 and the western five (5) feet of Lot 7, Block 31, Sebastian Highlands Unit 1, less the northernmost ten (10) feet thereof. Location of Easement: 526 Lake Drive, Sebastian, Florida UTILITY: Craig Bowers/Cookie Shaw, ComCast Comm. 1 APPROVED: ~-'e-l~t,/~ DENIED: 1 APPROVED/DENIED (signaturq0 FAX NO: 778-9635 DATE: "//:s/OB COMMENTS. Return to: Dorri Bosworth, City of Sebastian, Growth Management Department Fax No. (772) 589-2566. Oct / 14 03 OS: 31a Indian Ri~em Uti 1 ities OCT. 13.2003 3: 35PH BLDG DEFT SEt~qST I ~P~ 772 77D 5143 HO. 659 P.1/4 Ocr6ber 9, 2003 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE ([772.1 589-5537 · FAX (77'2) 589-2566 R3830~$T FOR AB~O~NT OF ~3ASEIVtEiNT (ATIr) Drescription of Easement ta be abandoned: The public uliliry ad drainage easement loc~r~l on the eastern five (5) feet of Lot 6 and the western five (~ feet of Lot 7, Block 31. Sebastian Highlands Unit 1, less the northernmost ten (10) feet thereof. Location of Easement: UTFLITY: Kevin N. Osfl~us, LR.C. Utilities ^PlaR. OVED: DENT~fD: · .~ 526 Lake Drive, Sebastian, Florida FAX NO: 770-5143 . / R. cturn to: ! Dorri Bosworth, City of Seb~tian, Growth Management Department Fax No. (772) 599-2~566, p.1 GRANT OF EASEMENT This Grant of Easement entered into this 16th day of October ., 20 03., between Charles R. Mulhem, Jr. & Ellen S. Evans, 526 Lake Drive, Sebastian, Florida (hereinafter called GRANTOR) and the City of Sebastian, Florida, 1225 Main Street, Sebastian, FL 32958 (hereinafter called GRANTEE) sets forth as follows' THAT IN AND FOR consideration of abandonment of other easements and other valuable considerations, GRANTOR hereby gives to GRANTEE an easement for drainage and utility purposes, for the exclusive use of the lands hereto, over the following real property situate in Indian River County, Florida: The easternmost ten (10) feet of Lot 7, Block 31, Sebastian Highlands Unit 1. This Grant of Easement is for the benefit of the public. This easement shall be binding on the heirs, beneficiaries and assigns of the parties and shall run with the land. WITNESS WHEREOF, I have hereunto set my hand this Witness Witnes. s day of Grantor State of Florida County of Indian River: (td6. c~.~. ' ~ O ME, the undersigned authority, this day personally appeared ?j'L~-"0--.'SEtta¢4-5 , who first by me being sworn, says that she is the G~TOR set fo~h above and has read the G~NT OF EASEMENT and voluntmly and with ~11 a)thoN~ entered into the same, ~d is personally ~owq t9 me or has produced ~r, ae P 5 ~;~eDs~ as identification this /[~ day of ~)~~ , 20~ . ~' -~' " ~ t ' ' - ' 9~ary Public, State ~fFlorid~ My commission expires: / o/~ ~2/dY ~ G~0~ HOME. OF Pf.[.ICAN ISLAND City of Sebastian, Florida Subject: R-03-47 Authorizing the issuance of not to exceed $2,125,000 in aggregate principal amount of Infrastructure Sales Surtax Revenue Bonds, Series 2003A in order to finance the construction of certain capital improvements in and for the city. Agenda No. ~ ,~.o 0 ? ~-,~ © Department Origin: Office of the City Manager and Department of Finance Date Submitted: October 15, 2003 For Agenda of: October 22, 2003 Exhibits: EXPENDITUR~ REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY On April 15, 2003, City of Sebastian issued the tn:st series of Infrastructure Sales Surtax Revenue Bonds in the amount of $9,500,000. The initial issuance was an effort to take advantage of then extremely low interest rates and high bonds rating available to the City of Sebastian at the time. A supplement of additional $2,125,000 series bonds to the existing Infrastructure Sales Surtax Revenue Bonds became primarily necessary as a result of the opportunity of adjacent park amenities development, including the construction of additional tennis courts, ball fields, shuffleboard decks, boccie courts, and other referenced requirements. In addition to the economies of scale available to the City to construct all respective facilities via one comprehensive single project, the community will realize numerous objectives contained in the Parks and Recreation Element of the Sebastian Comprehensive Plan. The pledge of discretionary sales tax funds at today's construction costs curtails both present and future dependency on other general revenue sources such as property taxes. On September 24, 2003, City Council approved the execution of the guaranteed maximum prices amendment with Suffolk Construction in the amount of $7,244,760. This price includes site improvements, expansion of the police department building, and the construction of the new municipal city hall complex. City Manager Terrence Moore made an oral report to the Council that staff expect to offer recommendations for expenditures/agreement authorization for the December 10, 2003 City Council meeting pertaining to Guaranteed Maximum Prices to finance the rest of the project - including all aspects of the Municipal Complex Park and respective amenities. Such recommendation will become available at that time as additional funding from the supplemented bonds issue is anticipated to be available to the City before the Thanksgiving Holiday. Staff has prepared a summarized City Hall Complex project costs analysis relating to the outstanding Infrastructure Sales Surtax Revenue Bonds Series 2003 issue and the to be approved $2,125,000 Series 2003A issue. To Be Approved Series Series 2003 Bonds 2003A Bonds Project Description $9,500,000 $2,125,000 Total New City Hall (architects, construction, furnishings, security) Police Department Expansion (architects, construction, furnishings, security) $4,000,000 $ 690,958 $ 4,690,958 2,950,000 127,504 3,077,504 City Hall Park 400,000 1,438,861 1,838,861(1) (architects, construction) School Building Renovation Public Works/Engineering Department Other Miscellaneous Improvements (computer connection, telephone connection, fiber optics) Public Facilities Site Improvements Bond Issuance Cost/Bond Insurance 650,000 (329,000) 321,000(2) 900,000 (900,000) 0 304,000 (176,000) 128,000 0 1,147,677 1,147,677 296,000 125,000 421,000 Total $9,500,000 $ 2,125,000 $11,625,000 (1) Amount does not include private donation of $800. (2) Amount does not include Historic Preservation Grant of $250,000. The Bond Council, Nabors, Giblin & Nickerson is at the stage of finalizing the Resolution document. Staff will deliver the Resolution package to City Council by Monday, October 20, 2003. Representatives from Kirkpatrick Pettis and Nabors, Giblin & Nickerson will be on hand to provide any additional information necessary related to Resolution No. R-03-47. RECOMMENDED ACTION Move to approve R-03-47. HOME OF PELICAN IS.LAND City of Sebastian, Florida Subject: R-03-48 Authorizing the Issuance of the City of Sebastian, Florida Stormwater Utility Revenue Bonds to finance the Stormwater improvements projects in accordance to the Stormwater Master Plan and R-03-49 authorizing the issuance of not to exceed $6,400,000 in aggregate principal amount of Stormwater Utility Revenue Bonds, Series 2003 in order to finance the construction of stormwater improvements projects in/~r ~. Agenda No. Department Origin: Office of the City Manager and Department of Finance Date Submitted: October 15, 2003 For Agenda of: October 22, 2003 Exhibits: EXPENDITURE REQ~D: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY On October 8, 2003, the City Council approved Resolution No. R-03-45 Regarding Reimbursement of Certain Costs relating to the Acquisition and Construction of Certain Capital Improvements involving Stormwater Utilities. This was the beginning of the process to obtain funding to f'mance the stormwater improvements in accordance to the Stormwater Master Plan. The second step in the process is the Master Bond Resolution, R-03-48, authorizing the issuance of Stormwater Utility Revenue Bonds to finance Stormwater improvements projects in accordance to the stormwater master plan in the City of Sebastian. The third step is to adopt the Series Bond Resolution, R-03-49, authorizing the specific series of bonds not to exceed $6,400,000 in aggregate principal amount for the Stormwater Improvements projects. The Bond Council, Nabors, Giblin & Nickerson is at the stage of finalizing the Resolution document. Staff will deliver the Resolution package to City Council by Monday, October 20, 2003. Representatives from Kirkpatrick Pettis and Nabors, Giblin & Nickerson will be on hand to provide any additional information necessary related to Resolution No. R-03-48 and R-03-49. RECOMMENDED ACTION Resolution R-03-48 must be adopted first and separate from R-03-49. First Resolution: Move to approve R-03-48. Second Resolution: Move to approve R-03-49. ~ OF I~F. LICAN ISLAND City of Sebastian, Florida Subject: First reading of Ordinance O-03- 14; conceptual development plan and rezoning request from Agricultural (A-I) to Planned Unit Development Residential (PUD-R) for a proposed 63-acre planned unit development situated along CR 510 south of CR 512, and known as Sebastian River Landings Unit Agenda No. o3.0q5 Department Origin: G.~wth Management Tracy E. Hass Date Submitted: October 15, 2003 II. For Agenda of: October 22, 2003 ~~r/f~.~al by: ~"~ibits: O-03-14, Conceptual Plan, Staff Report, P&Z recommendation, Application. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED:None None REQUIRED' None SUMMARY Sebastian River Landings, LLC, recently filed an application for phase II of the Sebastian River Landings PUD located at the intersection of county roads 510 & 512. Phase 11 will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Forte Macaulay Development Inc. has submitted an annexation request for the property, along with the requisite and accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R (planned unit development-residential), with a comprehensive land use designation of LDR (low density residential). The conceptual plan has been revised in accordance with direction provided by City Council, and now includes a total of 188 single-family lots on 62.827 acres, (60.99 acres of developable land), for a proposed density of approximately 2.99 units/acre. The low-density residential land use category permits a maximum of 5 units per acre. Additionally, proposed side yard setbacks have been increased from 5 feet to 7.5 feet. The main point of ingress and egress is located along .the north central quadrant of the property, and provides immediate access to phase one of the subdivision. As the property is contiguous with phase I, the provision of providing two points of ingress and egress has been satisfied via the access points outlined in phase I connecting directly to 510, with another access point along 512. The Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request during a public hearing held on July 17, 2003. RECOMMENDED ACTION Staff recommends the City Council pass this ordinance on first reading. Upon receipt of comments from DCA relative to the comprehensive plan amendment, this ordinance will be scheduled for a second reading and final public hearing. "Move to pass Ordinance No. O-03-14 on first reading and schedule a second reading and final public heating at a later date when the final reading of Ordinance No. O-03-13 occurs." ORDINANCE NO. 0-03-14 AN ORDINANCE OF TIlE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITIt A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUN~ ZONING DESIGNATION AS AGRICULTURE (A-I) FOR LAND CONSISTING OF 63 ACRES, MORE OR LESS, KNOWN AS SEBASTIAN LANDINGS UNIT H; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABII,ITY; PROVIDING FOR EFFECTIYE DATE. WItEREAS, Sebastian River Landings, LLC, has filed a petition for amendment to the Zoning Ordinance; and WItEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WItEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WlI2EREAS, 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 TItEREFORE, BE IT ORDAINED BY ~ CITY ~COUNCII, OF TIlE 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: See attached Exhibit "A ". Section 2. PLANNED UNIT REZONING. The real property described in said Exhibit "A" is hereby given an initial City zoning designation of Planned Unit Development Residential (PUD-R) in accordance with the attached Conceptual Development Plan. Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the subject property and reflect this designated zoning district. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Secti°n 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 provisions. 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. Following its adoption and authentication by the signatures of the presiding officer and the Clerk of the City Council, this Ordinance shall become effective concurrent with the effectiveness of Ordinance 0-03-13. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: by Councilmember and, Mayor Vice-Mayor Councilmember Councilmember Councilmember The Mayor thereupon declared this Ordinance duly passed and adopted this ,200 . day of CITY OF SEBASTIAN, FLOKIDA ATTEST: By: Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: City Attorney "E~IT A" The South 512.13 feet of the South one-half of the Northeast one-quarter of Northwest one-quarter, and the South 512.13 feet o£ the South one-half of the Northwest one-quarter of the Northwest one-quarter, less the West 200 feet, all in Section 26, Township 31 South, Range 38 East. That portion of the North one-half of the North one-half of the Northwest one- quarter of Section 26, Township 31 South, Range 38 East, lying South of the drainage canal located in, upon and under the land upon which an easement was granted to Graves Brothers Company, a Florida corporation, by easement recorded in Deed Book 28, page 435, Public Records of Indian River County, Florida. That part of the South one-half of the Northeast one-quarter of the Northwest one- quarter of Section 26, Township 31 South, Range 38 East, less the South 512.13 feet thereof. That part of the South one-half of the Northwest one-quarter of Northwest one- quarter of Section 26, Township 31 South, Range 38 East, less the West 200 feet and the South 512.13 feet thereof. Ordinaime O-03-14 Sebastian River Landings 3O0O mY)~n.n t~kC5 nn~nn nnn~n ~ooo 00003.1 0 ( SEa s'nAN . . . = . . Growth Management Department Conceptual Development Plan Planned Unit Development Approval Application Staff Report Project Name: Sebastian River Landings Unit I1. Requested Action: Conceptual Development Plan Approval. Project Location a. Address' East of CR 510 and west of the Sebastian River, south of Sebastian River Landings and Lateral D canal. b. Legal: The South 512.13 feet of the South one-half of the Northeast one- quarter of the Northwest one-quarter, and the South 512.13 feet of the South one-half of the Northwest one-quarter of the Northwest one-quarter, less the West 200 feet, all in Section 26, Township 31 South, Range 38 East. And that portion of the North one-half of the North one half of the Northwest one-quarter of Section 26, Township 31 South, Range 38 East, lying South of the drainage canal located in, upon and under the land upon which an easement was granted to Graves Brothers Company, a Florida corporation, by easement recorded in Deed Book 28, page 435, Public Records of Indian River County, Florida. And that part of the South one-half of the Northeast one-quarter of the Northwest one-quarter of Section 26, Township 31 South, Range 38 East, less the South 512.13 feet thereof. And that part of the South one-half of the Northwest one-quarter of Northwest one-quarter of Section 26, Township 31 South, Range 38 East, less the West 200 feet and the South 512.13 feet thereof. C,, Indian River County Parcel Number: 26-31-38-00000-3000-00004.0 26-31-38-00000-3000-00005.0 Project Owner: Sebastian River Landings, L.L.C. 1688 W. Hibiscus Blvd. Melbourne, Florida 32901 (321) 953-3300 fax: 321- 984-2890 Project Agent: Mr. Timothy Jelus, Sebastian River Landings, L.L.C. Project Engineer: Randy L. Mosby, P.E. 2455 14th Avenue Vero Beach, Florida 32960 772-569-0035 fax: 772-778-3617 , , d. Project Surveyor: William Mott Land Surveying, I~c. 1275 S. Patrick Drive, Suite H Satellite Beach, Florida 32937 321-773-4323 fax: 321-777-4795 Project Description a. Narrative of proposed action: The proposed Sebastian River Landings Unit Two PUD is currently unincorporated, undeveloped citrus groves immediately south of the recently annexed Sebastian River Landings P.U.D., East of CR 510, west of the St Sebastian River and northeast of the Sebastian River High School. Sebastian River Landings, L.LC has submitted an annexation request for the property, along with the requisite and accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R (planned unit development-residential), with a comprehensive land use designation of LDR (Iow density residential). The conceptual plan outlines a total of 7 blocks containing 188 total single-family lots on 62.827 acres (60.99 acres of developable land), for a density of approximately 2.99 units per acre. The Iow-density residential land use category permits a maximum of 5 units per acre. b. Current Zoning: A-1 (County Agricultural) c. Adjacent Properties Zoninq Current Land Use Future Land Use North: East: South: West: A-1 (Co.) & Single Family/Vacant C/I (Co.) & PUD-R LDR RS-10 Single Family/Vacant LDR A-1 Vacant L-1 (County) A-1 Vacant L-1 (County) Site Characteristics (2) Total Acreage: Current Land Use(s): 62.827 acres citrus groves (3) Soil: Electra, Riviera, Wabasso (4) Vegetation: citrus trees (5) Flood Hazard: Zone A, AE, X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: North County Park- %' mile (9) Police/Fire: Sebastian Police 4 miles County Fire- 2 miles 9. Conceptual Development Plan criteria a. Evidence of unified control of the proposed planned development and the associated agreements required, yes b. Ownership Requirements. provided c. Compliance with comprehensive plan. (1) Future Land Use: Consistent (2) Traffic Circulation: Consistent (3) Housing: 'Consistent (4) Public Facilities: Consistent (5) Coastal Management: Consistent (6) Conservation: Consistent (7) Recreation and Open Space: Consistent d. Compliance with applicable ordinances. Consistent e. Land use compatibility. The adjacent properties surrounding this site are designated for Iow density residential. The proposed PUD is Iow density residential, so as to be 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. fm 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. g. 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. 10. h, Economic effects. The property is currently'not within the corporate limits of the City of Sebastian. Annexation will provide an additional 62.827 +/- acres of land area (including 1.88 acres of the existing drainage canal) and a maximum of 188 residential units, which will create 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 similar residential property and availability of sufficient public facilities and access. Public interest. The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave, it is adjacent to the urban service area, and would most likely be better served by municipal services. The current use of the property is for agricultural purposes. The City does not permit agricultural use and the proposed change to a single-family development is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. k,, 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 parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties lying immediately adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities Contents of Conceptual Development Plan: a. Vicinity map: provided b. Property boundaries: provided c. existing conditions: provided d. Development plan. provided (1) land use: not provided (2) Circulation: provided- the conceptual roadway design plan has been incorporated within the plan. The plan incorporates one "primary" access point, which is through the Sebastian River Landings P.U.D. As the name "Sebastian River Landings Unit Two P.U.D." implies, this will be an additional phase of the previously approved subdivision, which has direct access to both CR 512 and CR 510. (3) Conceptual drainage plan: provided e, (4) Densities: provided (5) Nonresidential square footage: none Written material: (1) Planning objectives: provided - The intent of the project owner is to create a Planned Unit Development containing single-family lots. This is proposed to be the second phase of Sebastian River Landings P.U.D. The designation of a property as a PUD is intended to promote creation of a self-sustaining development containing both residential and neighborhood commercial uses. The proposed PUD is in keeping with that objective. The proposed Sebastian River Landings Unit Two PUD demonstrates compliance with proper planning practices for incorporating a housing mix needed within the-City. Additionally, the proposed is consistent with future planning objectives for the City concerning annexation of parcels of land immediately adjacent to the urban service area. (2) Development schedule: start construction December 2003 end construction December 2004 (3) Environmental impact statement: The existing site has historically been used 'as a grove. There are seven ditch areas identified on the survey, two of which traverse the center of the property. One wetland area consisting of .498 acres _+ has been identified on the northeast corner of the site. Several lakes are proposed for utilization as stormwater retention. These lakes will be interconnected and protect against direct discharge of surface runoff by utilizing natural drainage concepts. These stormwater managerial practices will have a beneficial impact on the water resources in the area, including the opportunity for recharge. Landscape buffers will be established to provide both noise and sight buffers. Whenever possible, existing trees within the project will be maintained. (4) Public facilities impact statement: The SebaStian River Landings Unit Two PUD will connect to both public water and sanitary sewer facilities with service provided by Indian River County. (a) Quantity of wastewater generated; Wastewater generated will be at 250 G.P.D. per unit (188) 47,000 G.P.D. (b) Description of proposed recreational facilities; Recreation areas will.be required as an essential element of the preliminary development plan. (c) Quantity of potable water required; Potable water will be 250 G.P.D. per unit (188) 47,000 G.P.D. (d) Estimated number of school age children expected within the development: Estimated 2 children per household = 376 children - this figure is based on historical averages. 11. 12. 13. 14. (e) Estimated property tax and/or sales tax revenue generated by the project by phase; and $2,500 per unit x 188 units = $470,000.00 (f) Any other positive or negative public facility impact, in addition, the statement shall also include ali public facilities impact information that may be submitted as part of the Development of Regional Impact (DP, I) review process, as applicable. Sebastian River Landings Unit will connect to both public water and sanitary sewer facilities with Service provided by Indian River County. Open space and landscaped areas: 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. City Engineer's review: The City Engineering Department has not raised any objections to the conceptual development plan. The Engineering Department will perform a more detailed analysis and review during the construction phase. Other Matters: The requested rezoning and .accompanying land use change will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties immediately adjacent to the urban service area. The proposed conceptual development plan will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. Analysis: The proposed Sebastian River Landings Unit Two PUD is currently unincorporated, undeveloped citrus groves immediately south of the recently annexed Sebastian River Landings P.U.D., East of CR 510, west of the St Sebastian River and northeast of the Sebastian River High School. Sebastian River Landings, L.LC has submitted an annexation request for the property, along with the requisite and accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre)land use designation and the applicant wishes to re-zone the property PUD-R (planned unit development-residential), with a comprehensive land use designation of LDR (low density residential). The conceptual plan outlines a total of 7 blocks containing 188 total single- family lots on 60.99 acres, for a density of approximately 2.99 units per acre. - 15. Conclusion' The proposed PUD is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 16. Recommendation: Staff recommends the Planning and Zoning Commission recommend approval to the City Council of the Sebastian River Landings Unit Two P.U.D. Conceptual Development Plan with the following conditions: , The land use change shall be conditioned upon receipt of annexation approval by the City Council. PR DATE . . ,. . , . . . HOME OF PK1JC. AN IS;LAND Growth Management Department Rezoning Application - Staff Report Project Name: Sebastian River Landings Unit II. Requested Action: Rezoning from A-1 to PUD-R Project Location a. Address: East of CR 510, south and adjacent to Sebastian River Landings PUD phase I. b. Legal' See Survey C. Indian River County Parcel Number: 26-31-38-00000-3000-00004.0 26-31-38-00000-3000-00005.0 Project Owner: Sebastian River Landings, LLC 1688 W. Hibiscus Blvd. Melbourne, Florida 322901 (321) 953-3300 fax: 321- 984-2890 Project Agent: Bruce Moia, P,E. 2455 14~ Avenue Vero Beach, Florida 32960 772-569-0035 fax:772-778-3617 Project Engineer: Same as above Project Surveyor: William Mott Land Surveying, Inc. 1275 S. Patrick Drive, Suite H Satellite Beach, Florida 32937 321-773-4323 fax: 321-777-4795 Project Description Narrative of proposed action: Sebastian River Landings, LLC, recently filed an application for phase II of the Sebastian River Landings PUD located at the intersection of county roads 510 & 512. Phase II will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510. Forte Macaulay Development Inc. has submitted an annexation request for the property, along with the requisite and accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre)land use .,~. ..... ..,~ 1 '~' 9, designation and the applicant wishes to re-zone the property PUD-R (planned unit development-residential), with a comprehensive land use designation of LDR (Iow density residential). The conceptual plan outlines a total of 188 total single-family lots on 62.827 acres, (60.99 acres of developable land), for a proposed density of approximately 2.99 units/acre. The Iow-density residential land use category permits a maximum of 5 units per acre. The main point of ingress and egress is located along the north central quadrant of the property, and provides immediate access to phase one of the subdivision. As the property is contiguous with phase !, the provision of providing two points of ingress and egress has been satisfied via the access points outlined in phase I connecting directly to 510, with another access point along 512. b. Current Zoning: A-1 (County - Agriculture) c. Adjacent Properties Current Land Use Future Land North: East: South: West: A-1 (Co.) & Single Family/Vacant C/1 (Co.) & PUD-R LDR RS-I 0 Single Family/Vacant LDR A-1 Vacant L-1 (County) A-1 Vacant L-1 (County) d. Site Characteristics (1) Total Acreage: 60.99 acres (2) Current Land Use(s): Citrus Goves (3) Soil: Electra, Riviera, Wabasso (4) Vegetation: Citrus Trees (5) Flood Hazard: Zone A, AE, X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River. County Utilities (8) Parks: North County Park- ¼ mile (9) Police/Fire: Sebastian Police 4 miles County Fire- 2 miles Comprehensive Plan Consistency a. Future Land Use: L-1 (County- 3 units/acre) 10. 11. 12. 13. 14. b. Level of Service (1) Traffic: The proposed will create an ADT of 1,899 Trips (188 units x 10.1). Therefore, there will be an increased demand on the existing roadway network. However, CR 510 & CR 512 are operating well below capacity, and CR 512 is planned for 4-1aning to 1-95. Phase I of the subdivision incorporates two "primary" access points; one of which will be a direct access to CR 512 to the north, the other a direct access to CR- 510 to the west. (2) Potable Water: Applicant will be required to connect to county utilities, as they are currently available. Therefore, this creates a positive impact by reducing the number of future potable wells. (3) Wastewater: Applicant will be required to connect to county utilities, as they are currently available. Therefore, this creates a positive impact by reducing the number of future septic systems. (4) Stormwater: The level of service standard is the same for all development; therefore, no greater impact is expected by the proposed rezoning. (5) Recreation: 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. (6) Solid Waste: There will be an increased demand on solid waste as the property is currently used as a citrus grove. Conformance with Code of Ordinances: The proposed rezoning is consistent with the Code of Ordinances. Changed Conditions: Existing site is an inactive citrus grove, with proposed change to single-family residential. Land Use Compatibility: The adjacent properties to the north, south and east are designated for Iow density residential, while the properties immediately west are designated for commercial use. 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 within 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 / . ~'~'~ 15. 16. 17. 18. 19. 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 61+/- acres of land area and a maximum of 188 residential units, which in turn creates an expanded tax base for the City of Sebastian. Orderly Development: The proposed rezoning 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/commercial property and availability of sufficient public facilities and access. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave, it is adjacent to the urban service area, and would most likely be better served by municipal services. The current use of the property is for agricultural purposes. The City does not permit agricultural use and the proposed change to a single- family and commercial development is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. Other Matters: The requested re-zoning and accompanying land use change will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties lying adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities.. Analysis: Sebastian River Landings, LLC, recently filed an application for phase II of the Sebastian River Landings PUD located at the intersection of county roads 510 & 512. Phase II will be situated on land currently occupied by unincorporated, undeveloped citrus groves immediately west of the St. Sebastian River along CR. 510..Forte Macaulay Development Inc. has submitted an annexation request for the property, along with the requisite and accompanying conceptual development plan. Additionally, the property is currently zoned A-1 (Agricultural) with an L-1 (Low Density Residential, 3 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R (planned unit development-residential), with a comprehensive land use designation of LDR (Iow density residential). The conceptual plan outlines a total of 188 total single-family lots on 62.827 acres, (60.99 acres of developable land), for a proposed density of approximately 2.99 units/acre. The Iow-density residential land use category permits a maximum of 5 units per acre. The main point of ingress and egress is located along the north central quadrant of the property, and provides immediate access to phase one of the subdivision. As the properly is contiguous with phase I, the provision of providing two points of ingress and egress has 4 been satisfied via the access points outlined in pha~e I connecting directly to 510, with another access point along 512. 20. Conclusion: The requested rezoning from A-1 (County) to PUD-R is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends the Planning and Zoning Commission recommend approval to the City Council for the requested re-zoning with the following conditions: 1. The re-zoning shall be conditioned upon receipt of annexation approval by the City Council. PRJ DATE PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 17, 2003 currently in use does not have the proper years of the code. Chmn. Smith explained that when plans are received the commission would like to be advised if the project coming before them should have fire sprinklers. If the project does not require sprinklers, could a notation be made? Capt. Diggs explained how the county's ordinance was developed. He added that sprinklers was not an item they thought should be required on a site plan because site plans are speculative as to the type of construction or occupancy. There are too many variables as to the type, height and size of the building as well as material and use for the proposed structure to make an accurate determination if sprinklers will be required. Many site plans are speculative and until the actual building plans are reviewed would the fire department be able to make an accurate recommendation of fire prevention. It was agreed that Capt. Diggs would e-mail to Tracy Hass information on the Fire Sprinkler Incentive Act. Q Public Hearing- Recommendation to City Council - Request for Land Use Amendment and Rezoning (for Proposed Annexation) - Sebastian River Landings Unit I! - CR 510 - 62.83 Acres - Proposed PUD-R Chmn. Smith opened the public hearing at 8:43 p.m. 'Present was Mr. Tim Jelus, 1688 W. Hibiscus Blvd., Melbourne, Florida. This is a continuation of Mr. Davis's property south of the lateral B canal and is an abandoned orange grove. The proposal is for a single-family residential community with access to phase I of the subdivision. It is currently zoned A-1 in the county. · Mr. Hass added that the project consists of a little over 62 acres. What is being reviewed tonight is the land use and zoning for the property. He referenced the conceptual plan showing street design and storm water lakes. Also, it does not have actual frontage on CR 510 because of the drainage right-of-way that bi-sects the property. As the code does require two means of ingress and egress, this being the second phase of development this property does have the two points of ingress and egress at CR 510 and CR 512. Mr. Mahoney inquired about the 50 Ft. wide lots and Mr. Stringer said that would come up at the next stage with negotiations on the PUD. Mr. Stringer said the more logical interpretation would be the way we've been doing it which is you show what a typical lot would be, which they have done, and then later on you will have to stipulate. Mr. Jelus interjected that what they are trying to do is have the 50 Ft. wide lots adjacent to the commercial, component or 510/512 corridors of the project and then the 70 Ft. lots adjacent to the river and the lateral B canal. Mr. Ailocco was concerned about the lot size. Mr. Stringer interjected that at this point the commission is establishing density, block layouts, drainage area to be used, what a typical lot will be. Negotiation on the lot sizes, particularly width, will take place during the application and approval process for a PUD. Mr. Jelus added that they have curb and gutter sections that require lakes reducing the runoff that's going directly into the south prong currently. Water and sewer is costlier than well and septic, underground power instead of overhead power. Mr. Hass added that the density is what is under review for approval and the applicant cannot increase the density beyond the five units .er acre. 5 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 17, 2003 Ms. Monier was also concerned about the density and asked if there would be a Phase III and Mr. Jelus was unsure of that at this.time. He added that there are three 40-acre tracts to the south of this application and couldn't speak for the current owners what the future of that land will be. Chmn Smith reiterated this is going to be an annexation into the city and the city will govern the parameters. Mr. Hass confirmed this statement. Chmn Smith closed the public hearing at 9:39 p.m. Motion by Monier/Smith "I make a motion to recommend to city council approval of the land use amendment from L-1 to LDR based on conversations and further' negotiations as discussed." Roll Call: Mr. Allocco no Mr. Faille yes Chmn Smith yes Mr. Mahoney no Ms. Monier yes The vote was 3-2. Motion passed. Motion by Smith/Faille "1 make a motion to recommend to city council the approval the zone change from A-1 to PUD-R for Sebastian River Landings Phase I1." Roll Call: Mr. Faille yes Mr. Allocco no Mr, Mahoney no Chmn Smith yes Ms. Monier yes The vote was 3-2. Motion passed. D. Public Hearing - Recommendation to City Council- Ordinance O- 03-03 - Bis'play of Building Numbers and Renumbering of Section 54-2-7.20 Chmn Smith opened the public hearing at-9:44 p.m. Mr. Stringer said the code enforcement officers recommended this provision be amended because it is very important to have building numbers that can readily seen by emergency personnel. Presently code enforcement officers mus( allow 30 days in order for a home or business owner to obtain and display proper numbers on their property. This ordinance shortens that time frame to 14 days. [Chmn Smith closed the public hearing at 9:47 p.m.] Motion by Monier/Smith "1 make a motion to recommend to city council the approval of Ordinance 0-03-03, display of building numbers and renumbering of Section 54-2-7.20." Roll Call' Chmn Smith yes Mr. Mahoney yes Ms. Monier yes Mr. Allocco yes Mr. Faille yes The vote was 5-0. Motion passed. 0~/2~/2003 22'~4 77277B3S~7 MOSBY ASSOC City of Sebastian Development Order Application Permit ^pplicatJon No. Applicant (if not owner, written authorizatian (notarized) from owner is requ!red) .... Name: SEBASTIAN RIVER LANDINGS~ LLC: Address: 1688 W. HIBISCUS BLVD., MELBOURNE, FL 3290'! Phone Number: I321) 953-3300 IFa'×' Number. (321) 984-2890 E-Mail: ['O__wner (if different from applicant) 'Name: Address: Phone Numbe_rz. ( ) IFax Number. E-Mail: IType of pe~iiiJt or action requested: Annexation, Comp. Plan Amendment & Rezonin~ 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 8 1/2" × 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. lA. Project's Name (if applicable): B. Site Information SEBASTIAN RIVER LANDINGS - UNIT II Address: SOUTHEAST CORER Of CR 512 & OR 510 Lot: Block: Unit: Subdivision: Indian River County Parcel #- SEE LEGAL 26-31-38-00000-3000~00004.0, 5.0 Zoning Classification: Future Land Use: Existing Use: REQUESTED PUD-R RESIDENTIAL Proposed Use: VACANT . ' RESIDENTIAL C. Description of proposed activity and purpose of the 'requested permit or action (attach extra sheets if necessary): ANNEXATION FROM INDIAN RIVER COUNTY TO THE CITY OF .SEBASTIA. N AND THE DEVELOPMENT OF A RESIDENTIAL PLAN DEVELOPMENT. RECEIVED bY; .~~ ~cation File Name: DOA 04,/21/2003 22:44 7727783617 MOSBY ASSOC PAGE 03 iect PePaonnei: ent: MR. BRUCE MOIA, P.E. Name: MOSBY & ASSOCIATES, INC. Address: 2455 14TH AVENUE, VERO BEACH, FL 32960 Phone Number. 569-0035 1Fax Number: (772) 7'/8-3617 E-Mail: N/A ~Name: Address: Phone Number: ifa× Number. E-Maik meet: MR. BURCE MOtA, P.E. :Name: MOSBY & ASSOCIATES, INC. Address: 2485 14TH AVENUE, VERO BEACH, FL 32960 Phone Number: (772) 569-0035 IFax Number: (772) 778-3617 :E-Mail: " MR. WILLIAM MCi l Name: WILLIAM MOTT LAND SURVEYING, INC, Address: 1275 S. PATRICK DR., SUITE H, SATELLITE BEACH, FL 32937 Phone Number. (321) 773-4323 IFa:< Number: (321) 777-4795 E-Mail: -. D_N~AN/J~THAT AI¢~. ~ INFOR~TION, ~PS, DATA, AND/OR SK~CHES PROVIDED IN THIS Signature . - ~~' - D~e ' " Sworn to and su~c,bed ~mfore me by ~~~ ~ Z~ Who is personal~ known to me or produced ' '~" ~ -~ as identiffca~on, .this ~~ day of ~ 200 ¢ ~ ' ~.T~8 SIGNATURE _.~~~~ ~ PKINT~D NAME OF NOTARY ~~ / ~ ~ COMMISSION NO./~PIRATION SEAL: ELIZABFTH F. KENNEDY Notary Public; gt~to of Florida tvly comm. exp. Al,g_ 31, 2004 Comm. No. CC 96~59 AL~~~7-S7 ..__~.~..~e 2 of 3 'Revision: ~iication File Name: DCA 0~/2~/2003.. 22:~4 7727783S~7 ~OSB¥ ~SSOC P~GE 0~ The following is required for all comprehensive plan amendments, zoning amendments (inicuding re. zoning), site Plans, conditions use permits, special use permits, variances, exceptions, and appeals. f/WE, , THE OWNER(S) X 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 PLANNING & ZONING BOARD/COMMfSSION OF THE CITY OF SEBASTIAN O'HE BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND ViEW THE PROPERTY CONNECTION WITH My/OuR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL. NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD,COMMISSION MEMBER ENTERING OR VIEWrNG THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURE. AL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CO~EN-'~EING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLI~40R PROMI~;ES.J~IADE BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF Signature ff / ~ate / Sworn to and subscribed before me by Who is personally known_to me or produced as identification, this ¢¢ ~ day of i ~/~¢¢_~ ,200 _.~ N© TARY'SSIGNATURE~-----~ ~~r~. PRINTED NAME OF NOTARY -- 4_ // --'~r COMMISSION NO./EXPIRATION ~'LI-/ABETH E. KENNFr'iy SEAL: Notary public' State of Florida My c0mm. exp. Aug. 31, 2004 Comm. N0. CC 964859 2001 0-"~'-27-g7 e 3 of 3 .[Revision: cation Permit Application No. Supplemental Information .C. emprehei~s;w ~;d,, A,;~,,d~,,en~ (L~=,,d U~)P.F_'Z.D~! ATTACH ADDITIONAL PAGES. IF NECESSARY. j X 1. Proposed Zoning: PUD-R X 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. ZONING IS FOR LOW DENSITY RESIDENTIAL CONSISTENT WITH coMP. PLAN 3. Explain how the proposed rezoning is in conformance with the applicable substantive requirements of the City of Sebastian Code of Ordiances. LOW DENSITY RESIDENTIAL CONFORMS WITH CODE. X 4. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? NONE. X 5. Explain how the proposed rezoning is compatible with the existing or future land uses of the City. SAME ZONING AS ADJACENT PARCEL. X 6. Are there adequate public facilities to serve the proposed land use? YES. Received J~ MAY ;:)Onq ~} IForm CD-2017 IRevision: Approved: 08-27-97 Page 1 of 2 JRezoning File Name' SIREZONE ~7. Explain how the proposed rezoning will .not result in a significant adverse impact on the natural environment. ENVIRONMENTALLY SENSITIVE AREAS WiLL REMAIN UNDISTURBED. X 8. Explain how the proposed rezoning will not adversely affect the property values of the area, the general health, safety and welfare or the financial resources of the City. REZONING WILL INCREASE CITY TAX BASE AND SURROUNDING PROPERTY VALUES. X 9. Does the proposed rezoning will result in an orderly development pattern. PUD ZONING ENCOURAGES ORDERLLY DEVELOPMENT PATTERNS. X 10. Attach the folloWingi X ~ a. A verified statement showing each and every indidual person having a legal and/or equitable ownerhsip interest in the property upon which the application for rezoning is sought except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient. X b. A list of the names and .addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. o. X c. A survey and legal description of the property to be rezoned. IFormCD-2017 Approved: 08-27-97 I Revision: Page 2 of 2 Rezonin9 File Name: SIREZONE