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Home My WebLink About10272004 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 27, 2004 - ?:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - ~225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of five minutes per speaker (R-04-26) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY MAYOR McCOLLUM 3. MOMENT OF SILENCE 4. ROLL CALL 5. 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~04-26) 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 04.023 A. Accolades to Employee of the 3rd Quarter 04.200 B. Presentation Regarding the Water Utilities Process at the Golf Course 04.206 C. Presentation by the City Engineer Regarding the Repair of Indian River Drive 7. CONSENT AGENDA All/tame 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. 1-8 A. Approval of Regular Meeting Minutes - 10/13/04 04.218 B. Authorize Council Travel and Registration to Florida League of Cities Legislative 9-13 Conference November 17-19, 2004 in Orlando, Florida (City Clerk Transmittal 10/20/04, Info) 04.207 C. Concur with Position Upgrade of the Records Management Specialist in the City Clerk's 15-17 Office to Exempt Records Program Manager - Budget Amendment to Come Back to Council (City Clerk Transmittal 10/21/04, Memo) 04.151 19-22 04.208 23-24 04.209 25 04.210 2~28 04.211 2~30 04.211 31-32 04.212 33-37 04.213 39-57 04.155 5~61 04.214 63-64 04.215 65-68 Authorize the Expenditure to Ashbritt Environmental, Inc. on an As-Needed Basis not to Exceed $3,026,940 and Appropriate $151,347 from City's Emergency Reserve Fund to Cover the City's 5% Share of Total Estimated Costs (Finance Transmittal 10/19/04, Exhibit A, Invoice Summaries) Waive Competitive Bid Requirements and Authorize the Contract Award to Dockside Builders of Sebastian in the Amount of $73,100 to Repair City Docks & Piers (Engineering Transmittal 10/19/04, Bid Tab) Authorize the Expenditure Under Current Contract Not to Exceed $25,000 to Regan Masonry to Repair Sidewalks Along Indian River Drive (Engineering Transmittal 10/19/04) Authorize the Emergency Purchase Order to Musco Lighting, LLC to Replace Barber Street Sports Complex Lighting in the Amount of $41,350 and Authorize the Appropriation of Funds from the General Fund Emergency in the Amount of $2,068 (Public Works Transmittal 10/19/04, Letter) Waive Competitive Bid Requirements and Authorize Contract Award to Gene's Striping of Fort Pierce for Main Street Pavement Markings Not to Exceed $7,289.38 (Engineering Transmittal 10/19/04, Quote) Authorize the Expenditure to Elmo Greer & Sons, LLC for Overlay Paving of Main Street in an Amount Not to Exceed $60,820 (Engineering Transmittal 10/19/04, Estimate) Authorize the Expenditure to Elmo Greer & Sons, LLC on an as Needed Basis & Not to Exceed $153,000 to Perform Asphalt Resurfacing and Pothole Repairs Subject to Terms and Conditions of Indian River County Contract #7016 (Engineering Transmittal 10/19/04, Contract) Waive Competitive Bid Requirements and Authorize Five-Year Lease Agreements and Non-Appropriation Riders with ClT Leasing, Inc. and Authorize the City Manager to Execute a Comprehensive Customer Support Agreement with EGP, Inc. for Three MITA Digital Copy Machines for the Building Department, Growth Management Department and City Manager's Office (Finance Transmittal 10/13/04, Lease Agreements, Rider, Piggyback Contract, Agreement) Authorize the Award of Contract to Applied Aquatic Management, Inc. in the Amount of $37,695 for Aquatic Weed Control & Authorize the Execution of a Service Agreement for Same (Engineering Transmittal 10/20/04, Bid Tab, Letter) Authorize the Purchase of Five 2005 Ford Crown Victoria Patrol Vehicles for the Amount of $117,665.00 from Duval Ford in Accordance with the Florida Sheriff's Association Bid Award (Police Department Transmittal 10/18/04, Purchase Requisition) Authorize the Purchase of Three 2004 Chew Impalas, with Associated Trade-Ins from Alan Jay Automotive Network at a Total Cost of $50,930.25 (PD Transmittal 10/19/04, Bid Doc) 04.047 69-74 04.216 75-89 04.131 91-108 04.088 109-128 04.130 129-141 Authorize the Contract Award to Dickerson Florida, Inc. in the Amount of $1,225,708.14 to Rehabilitate Taxiway 'A' and Construct Airport Administration Building Apron (Airport Transmittal 10/19/04, Bid Tab) Resolution No. R-04-46 Vacation of Easement - Follot - Lots 1 & 2, Block 6, Sebastian Highlands Unit 1 (GMD Transmittal 10/20/04, R-04-46, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 6, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. COMMITTEE REPORTS/RECOMMENDATIONS QUASI-JUDICIAL PUBLIC HEARINGS: Procedural Order for Quasi-Judicial Hearinos I. Mayor Opens Hearing Z City Council Members Disclose Ex-Parle Communication in Accordance with Law 3. Appticant or Agent Makes Presentation in Favor of Request Fo#owing Swearing In By City Clerk 4.Staff Presents Findings and Analysis Following Swearing in by City Clerk 5. Council Asks Questions of the Applicant and Staff 6. Mayor Opens the Floor for Anyone in Favor of the Request who wishes to speak or ask questions 7. Mayor Opens the Floor for Anyone in Opposition to the Request who wishes to speak or ask questions 8. Applicant Provided Opportunity to Respond to Issues Raised by Staff or Public 9. Staff Provided Opportunity to Summarize Request 10. City Council Deliberation and Questions 11. Mayor Calls for a Motion 1Z City Council Action Resolution No. R-04-41 Sebastian River Landings, Phase II Preliminary Plat of PUD (GMD Transmittal 10/19/04, R-04-41, Staff Report, Application, P & Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAN FOR A PLANNED UNIT DEVELOPMENT KNOWN AS SEBASTIAN RIVER LANDINGS PHASE II; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-04-42 Ashbury Subdivision, Preliminary Plat of PUD (GMD Transmittal 10/19/04, R-04-42, Staff Report, Application, P & Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS ASHBURY SUBDIVISION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-04-43 Cross Creek Lake Estates Preliminary Plat of RS-10 (GMD Transmittal 10/19/04, R-04-43, Staff Report, Application, P & Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 04.132 143-15g Resolution No. R-04-44 Sebastian Crossings Preliminary Plat of PUD (GMD Transmittal 10119/04, R-04-44, Staff Report, Application, P & Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 04.133 161-177 Resolution No. R-04-45 River Oaks Preserve Preliminary Plat of PUD (GMD Transmittal 10/19/04, R-04-45, Staff Report, Application, P & Z Minutes) a RESOLUTION OF THE CITY Of SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS RIVER OAKS PRESERVE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. '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 five minutes for each speaker 11. OLD BUSINESS '12. NEW BUSINESS 13. CITY ATTORNEY MA'FI'ERS 14. CITY MANAGER MATTERS 04.151 A. Conclusion Dates for Sebastian Hurricane Debds Removal Program 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS 04.60 04.217 Mayor McCollum i. Discussion Regarding Cessation of City Operations from 11:00 am - 4:30 pm on December 8, 2004 to Celebrate Municipal Complex Dedication Ceremony Mr. Heptinstall Mr. Coniglio i. Vessel Mooring Within City Limits Ms. Monier Mr. Barczyk 17. ADJ~URN (A~ meetings sha~ adj~urn at1~:3~ p~m~ un~ess extended f~r up t~ ~ne ha~f h~ur by a maj~rity v~te ~f City Council) If any person decides to appeal a decision with any respect to any matter considered at the above hearing or meeting, said person will need a verbatim record of all proceedings including the testimony and evidence, which is not provided by the City. (F.S. 286.0105) In compliance with the Americans with Disabilities Act (ADA), anyone who needs special accommodation for this meeting should contact the City's ADA coordinator at 589-5330 at least 48 hours in advance of this meeting. Hearing Assistance Headphones are A variable in the Council Chambers for afl Government Meetings. Upcoming Heet:ings: · Regular City Council Meeting - December 8, 2004 - 7:00 pm 4 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 13, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor McCollum celled the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Councilmember Heptinstall. There was a moment of silence. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstalt Councilmember Lisanne Monier Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Records Management Specialist, Donna Cyr Public Works Director, Terry Hill Police Chief, James Davis Golf Course Director, Greg Gardner 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-04-26) None. Regular City Council Meeting October 13, 2004 Page Two = PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 04.004 a. Presentation by Florida Power & Li.qht Company Treasure Coast Flodda Re.qion External Affairs Manaqer, Nick Blount - Electric Utility Infrastructure Dynamics in the City of Sebastian Nick BIount, FPL External Affairs Manager for the Treasure Coast, accompanied by two other representatives of FPL, updated City Council on FPL emergency restoration activities since August due to Hurricanes Charley, Ivan, Frances and Jeanne. He thanked Sebastian residents and business owners for their patience during power interruptions and the City staff for their activities to keep streets clear, informing the public and providing the Municipal Airport for 1300 workers and support staff. He cited statistics for the four storms, said the company was proud of its restoration efforts but knows that more can be done to prepare for future events and will conduct meetings to that end. Mr. Coniglio asked what dictates FPL bringing in outside forces and Mr. Blount responded that FPL is a member of the Edison Electric Institute which is an organization of power companies with a mutual agreement among its members to assist one another. He said there were crews here from 41 states and Canada. Mr. Coniglio said he would like to know what the City can do in regard to double poling to help in the future. Mr. Heptinstall said he understood that FPL cut its blue collar workers for cost savings, and asked if this had some effect on preventative maintenance programs. Mr. BIount responded that FPL has been at the 10,000 employee level for over ten years and very few cut were maintenance employees. He said there is a preventative maintenance program as mandated by the Public Service Commission; and that even in a perfectly maintained system storms such as this will blow debris into lines. Mr. Blount said FPL does not shut down its system prior to the storm because they would rather have transformers blow for safety reasons. Ms. Monier said this was a tremendous task and suggested that underground lines be looked into. Mr. Blount said most new subdivisions' lines are placed underground, but that underground is not the answer to all problems because of flooding, dig-ins, and location and restoration of failures; and that it is very expensive to convert to underground. 2 Regular City Council Meeting October 13, 2004 Page Three 1-2 $-7 9-11 04.204 13-17 04.205 19-24 04.200 2627 04.200 2~35 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. A. Approval of Special Meeting Minutes - 9/21/04 B. Approval of Regular Meeting Minutes - 9/22/04 C. Approval of Special Meeting Minutes - 9/30/04 Authorize the Expenditure, Not to Exceed $127,000 for the Purchase of Diesel and Regular Unleaded Fuels, on an as Needed Basis, from Port Petroleum as per the St. Lucie County School Board Term Contract (GSA Transmittal 9/30104, Agreement) Approve the Purchase of a Toro 3500-D from Wesco Turf Supply in Lake Mary, Florida from State Contract #515-630-03-1 at a Price of $24,432.33 (Public Works Transmittal 10/5/04, Quote, Form) Approve the Emergency Purchase of Additional Emergency Repair of Sebastian Golf Course Driving Range Net and Netting System from Action Sports Netting, Inc. in the Amount of $23,000 and Approve Temporary Loan from City of Sebastian Emergency Fund (Golf Course Transmittal 10/4/04, Revised Quote) Authorize the Award of Sebastian Municipal Golf Course Facilities Repair Work to Capp Custom Builders, Inc. in the Amount of $80,332 and Approve a Temporary Loan from City of Sebastian Emergency Fund (Golf Course Transmittal 10/13/04, Scope, Quotes) Mr. Coniglio removed item G. On MOTION by Mr. Coniglio, and SECOND by Mr. Heptinstall, consent agenda items A-F were approved on a roll call vote of 5-0. Item G Mr. Coniglio asked if the water system could be included in the repair and the City Manager responded that he will be bdnging an item back to Council in the near future. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, consent agenda item G was approved on a roll call vote of 5-0. 3 Regular City Council Meeting October 13, 2004 Page Four 04.002 37-43 COMMITTEE REPORTS/RECOMMENDATIONS A. Construction Board Interview, Unless Waived and Submit Nomination to Vacant Alternate Member Position Expiring 9/30/2007 (City Clerk Transmittal 9/20/04, Code, Application, List, Ad) Mr. Hagler was not in attendance. He was nominated by Mr. Coniglio, and automatically appointed because he was the only applicant. PUBLIC HEARINGS - None INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othen~,ise on the agenda - sign-up required - limit of five minutes for each speaker Walter Barnes, Sebastian, recommended that the rocket sign which was located in the Riverfront District before the storm should not be allowed to be returned to its former location because it does not meet current codes and was an eyesore; talked about prior discussions among Council members to look into City moodng areas, possible dumping into the river, and suggested this be looked into because of damage that was done by some of these boats; he commended City staff for all its efforts in the wake of the storms. Damian Gilliams, Layport Ddve, Sebastian, said people should look at their future FPL bills and wdte letters citing poor maintenance prior to the storms; said big corporations are getting grant money and small businesses in this City are getting loans and people should write to their congressmen; said Comcast Cable has not been responsive and many people have not received service; said people on boats are not dumping in the river; and thanked City staff for their efforts in the wake of the storm. Andrea Coy, 333 Pineapple, Sebastian, thanked all involved in today's reconstruction meeting at the North County Library; that destruction was prolific in Orange Heights and was happy to hear that the City and County were going to hold to new codes, however, cited three totally destroyed homes around her and asked how we are going to hold people to rebuilding to code and make sure that they obtain proper permits; and asked Council to consider Orange Heights and any other areas disaster areas and seek special grant money available. 4 Regular City Council Meeting October 13, 2004 Page Five 11. 04.203 45-49 12. 13. t4. 04.203 OLD BUSINESS Readoption of Ordinance No. O-04-19 - State of Emergency Operations (City Attorney Transmittal 10/7/04, O-04-19) AN EMERGENCY ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SUSPENDING ENFORCEMENT OF CERTAIN RESTRICTIONS IN ORDER TO PROVIDE RELIEF FROM HURRICANES FRANCES AND JEANNE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read Emergency Ordinance No. O-04-19 by title and explained that four votes are required by the Charter for adoption of an emergency ordinance and there had only been three in attendance at the Special Meeting on September 30, 2004. On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, Emergency Ordinance No. O-04-19 was adopted on a roll call vote of 5-0. NEW BUSINESS - None CITY A'I-I'ORNEY MATTERS The City Attomey said the City is in emergency mode and the ordinance provides for executive orders. CITY MANAGER MATTERS A. Preliminary Cost Estimates Goveminq the Hurricane Jeanne Recovery Effort The City Manager reported on costs: debris removal of 150,000 cubic yards of yard debris and 60,000 cubic yards of construction debris at a cost of $3.5 million; that he will be bringing back items regarding Indian River Drive restoration to the October 27 meeting for expenditures and contracts not to exceed $300,000; reported that signage down at 1000 intersections sustained damage in the amount of $400,000; stormwater and support infrastructure damage in the amount of $500,000; public buildings and facilities in the amount of $456,000; that the Golf Course had already begun restoration and its damage was in the amount of $172,362; total damage approximately $5.3 million with an overall impact of $500,000 from city coffers. Mr. Heptinstall asked about the timeline on collection of debris and what is being picked up. The City Manager responded that Ashbdtt and City crews are picking up yard debds and construction debris and that as far as furniture he is still waiting for a clarification from FEMA. Regular City Council Meeting October 13, 2004 Page Six Mayor McCollum said each government entity is responsible for its own debris pickup within its boundaries. Mr. Coniglio suggested better advertising such as being done for St. Lucie County and Mayor McCollum noted advertisement costs are reimbursable at 95%. Mr. Coniglio also asked about letting people know when empty lots will be cleaned. Mayor McCollum said responsibility for CR512 infrastructure would be the County's responsibility but pickup of debds on CR 512 would be picked up by the City. The City Manager cited the number of properties damaged (see report attached) The City Manager said he and staff have worked with FEMA representatives on the RV program. Mayor McCollum explained the functions of the FEMA Disaster Recovery Center set up at the two county libraries. The City Manager said the building permit waiver will be extended until November 24, 2004. Mayor McCollum asked for an update and recommendation from the City Manager on this matter at the November 17, 2004 regular meeting due to the fact that there is an eight to twelve week time period to get an estimate. Mr. Coniglio said perhaps people can document their damage now in the event it is many months before they can pull a permit. The City Manager reported that Waste Management was one day behind and were making arrangements to catch up today and tomorrow. 15. CITY CLERK MATTERS The City Clerk thanked the Records Management Specialist for her dedication in protecting the City's records the day prior to Hurricane Jeanne by tarping all the shelves for several hours with the Deputy City Clerk, with the result that when the roof came off the records vault, all City records were found dry. She then reported on early voting which begins Monday October 18 and runs each day excluding Sundays through Monday, November 1 from 8 am to 4 pm, and thanked the City Manager for use of his conference room for the period. 6 Regular City Council Meeting October 13, 2004 Page Seven 16. CITY COUNCIL MAn'ERS A. Mr. Barczyk Mr. Barczyk cited his report submitted relative to a Committee for a Sustainable Treasure Coast meeting on October 7 and 8, 2004 (see attached), B. Mayor McCollum Mayor McCollum asked why 130 mph was chosen as the wind code and what it would take to bring it up to 140 mph. The City Attorney said the City was told that 130 was what applied here. Mayor McCollum said DCA advised him it was the City's choice and the City should be consistent with the rest of the County. Mayor McCollum said there are concerns about trees falling from vacant lots and the owners not taking responsibility, The City Attorney said there have been several attempts to regulate unimproved lots and they have failed for various reasons. Mayor McCollum asked about annexations mentioned in the City Manager's last newsletter and asked if we can wait until after the election to determine the outcome of the non-binding referendum. The City Manager said if it is the wish of Council to do so then he will direct the Growth Management Director to hold off. There was no objection to the Mayor's request, C. Mr. Heptinstall Mr. Heptinstall said people can police the permitting process and call the City if they do not see a permit where work is being done; and he also said if he hears of one more person gouging he will come down on them personally and it will not be tolerated and won't happen in the City of Sebastian. Mayor McCollum said there is a pdce gouging number and the Attorney General's office is being very aggressive with this. D. Mr. Coni,qlio Mr. Coniglio reported on the Economic Development meeting regarding problems with businesses, the MPO meeting noting that CR 512 is number two on their beautification list; the November fishing tournament will be postponed to a later date; that the concert in the park begins tomorrow night in Riverview Park at 4:30 p.m.; the media auction will take place at the Key West Inn next Thursday night. E. Ms. Monier Ms. Monier said small businesses have been hurt economically and urged residents to support those businesses that are damaged but are open; thanked City staff for keeping Indian River Ddve open while it is being repaired and working to keep some of the 7 Regular City Council Meeting October 13, 2004 Page Eight 17. businesses open rather than shutting them down; that residents can hire a contractor from out of the county or state but they have to register with the City; and said the December Art Show is postponed to January 29 and 30, 2005. Being no further business, Mayor McCollum adjourned the Regular Meeting at 8:40 p.m. Approved at the October 27, 2004 Regular City Council Meeting. Nathan B. McCollum, Mayor ATTEST: Sally A. Maio, CMC, City Clerk 8 S,E, BASTI HOME OF ~r~LICAN ISLAND ~ITY OF SEBASTIAN AGENDA TRANSMITTAL. Subject: PdorAuthodzation for City Council Agenda No. ~)q, o~t~ Registration and Travel to Florida League of Cities Legislative Conference - November 17- Department Origin: City Clerk ~ 19, 2004 Purchasing/Contracting: Finance Director: Appro/v~d for Sub,mi..tta~y: City Manager City Attorney: ~-~-~/d/--- · ~ ~/~ ~ ~-~*'~" City Clerk: Date Submitted: 10/20/04 Terre'nc~R. ~/~ ~ For Agenda of: 10/27/04 Exhibits: Conference Info EXPENDITURE REQUIRED: AMOUNT AVAILABLE IN APPROPRIATION Estimated Travel if all attend: BUDGET: REQUIRED: $1,840.00 hotel, $345.00 mileage, Travel: $10,695.00 Food to be determined Training: $4,725.00 Estimated Training and Education (Registration) if all attend: $875.00 SUMMARY In accordance with R-04-39, City Council members are required to receive pdor authorization for travel. The Flodda League of Cities Legislative Conference will be held November 17-19, 2004 at the Hyatt Regency Orlando International Airport Hotel, Florida. So that we may begin to make travel arrangements we are asking for travel approval at this time for any City Council members interested in attending. Registration is due October 29, 2004. Please note there is no registration fee for the Hurricane Havocs Workshop on Friday, November 19, 2004 but registration is required and due October 29, 2004. RECOMMENDED ACTION Move to authorize prior travel and registration approval for any City Council members who wish to attend the Flodda League of Cities Legislative Conference November 17-19, 2004 at the Hyatt Regency Orlando International Airport Hotel, Flodda. November 17-19, 2004 · Hyatt Regency Orlando International Airport Hate! This year's conference has a new format Florida League of Cities designed to make the conference more I .; I ,I,-' Conference informative and valuable to city officials. .e~s,s,a.,ve Here are just a few of the outstanding speakers for the 2004 Legislative Conference. Tentative Schedule (subject to change) Secretary Thaddeus Cohen Department of Community Affairs Thomas Pelham Fowler White, Boggs & Banker, P.A. Former Secretary, Department of Community Affairs Stave Seibert The Seibert Law Firm Former Secretary, Department of Community Affairs Wade Hopping Hopping, Green & Sams, P.A. Representative Mike Davis Florida House of Representatives Representative Ran Greenstein Florida House of Representatives Jack Latvala Former Senate Majority Leader and Political Consultant 12:00 p.m. Local/Regional League Roundtable Presidents, First Vice Presidents, Executive Directors only. 2:30 p.m. Federal Action Sh'ike Team Meeting 3:30 p.m. - 5:30 p.m. Pre-Conference Workshop Cities 101: The Top Ten List of What Every City Official Should Know Whether you are newly elected or a veteran city official, you will want to check out this pre- conference seminar to find out the latest facts about Florida cities. The course includes a review of municipal structure and function in Florida, the resources you can tap as city officials, the latest issues our cities are facing, and the unique and wonderful things that set our cities apart from the rest of the U.S. Instrucior lynn Tipton, Director of Membership Development, FLC, Talfahassee Luncheon Speaker Dr. Aubrey Jewett, Assistant Professor, Political Science, University of Central Florida - Hear about the outcome of the 2004 election. 8:00 a.m. First'Time Attendees' Orientation 8:30 a.m. Advocacy Commiltee Meeting 10:00 a.m. Legislative Policy Committee Meetings Criminal Justice Environmental Quality Intergovernmental Relations Municipal Finance & Taxation Transportation & Urban Administration Retirement Personnel & Collective Bargaining 12:00 p.m. Lunch with Dr. Aubrey Jewett 1:30 p.m. Legislative Workshops How to Run for and Serve in the Florida Legislature: A City Officials' Guide for 2006 Have you ever thought about running for the Florida Legislature? What is it like to serve in the Legislature of the fourth largest state in the nation? What are the pitfalls of a legislative campaign and what is the difference between running for your city council/ commission and the Legislature? Once you get to the state House (and Senate) what is it like? Find out what it is like to run for and serve in the Legislature. Learn the aspects of developing and running a top-notch winning campaign far the Legislature from political pros. Then hear fi.om former and current legislators on what it is like to serve, the committee process, the leadership dynamics and what advice they would give to would-be legislators. Panelists Jack Lalvala, farmer Senator Majority Leader and Political Consultant; Representative Ran Greenstein, Florida House of Representatives; Geoffrey Becket, Consultant for Governmental Affairs, Metz, Hauser & Husband, PA; Steve Schale, Political Consultant Growth Management or Gross Mismanagement: Where are we now and where should we be going with growth management in Florida? Farms morph into sprawling subdivisions overnight. Schools burst at the seams and spill into portable classrooms. Traffic snarls into a permanent state of gridlock. Big box retailers and s~ip malls inhabit former wetlands and wildlife habitat. Downtowns become vacant urban wastelands, is this Florida's fate? Twenty years ago, the Local Government Comprehensive Planning and Land Development Act promised a new era in Florida growth management. What has it accomplished? What must be changed to protect the quality of life that we desire? Please join us for a spirited panel discussion of the future of growth management in Florida. Panelists Representative Mike Davis, Florida House of Representatives; Thomas Pelham, Fowler White, Boggs & Banker, P.A., Former Secretary, Department of Community Affairs; Steve Seibert, The Seibert Law Firm, Former Secretary, Department of Community Affairs; Wade Hopping, Hopping, Green & Sams, P.A. 3:30 p.m. 8o~rd of Directors' Meeting 6:00 p.m. Reception Dinner on your own 9:00 p.m. Dessert Reception 8:30 a.m. Legislative Committee Meeting Upon Adjournment of Legislative Committee Meeting Business/General Session Speaker Thaddeus Cohen, Secretary, Department of Community Affairs Featured Workshop: Hurricane Havocs: "The Importance of Pre-Emergency Planning and Post-Disaster Recovery" Four hurricanes in 60 days! Yes, we've endured evacuations, tornadoes, flooding and wind damage but we're on the road to recovery. Don't miss the opportunity to hear from our federal and state experts - FEMA, Florida's Division of Emergency Management - and our local emergency managers. They are preparing valuable funding and program resource information especially for cities. Who will pay your debris-removal cost? When will you receive FEMA assistance? Where are the grants and aid? How can you plan better to protect [ives and property? The answers to these and other questions will be addressed. Panelists Craig Fugate, Director, Division of Emergency Management, Department of Community Affairs; Eve Raine,v, Bureau Chief, Division of Emergency Management, Department of Community Affairs; Leroy Thompson, Bureau of Recovery & Mitigation, Division of Emergency Management, Department of Community Affairs; Mayor Tom White, City of Vero Beach; Robert Lay, Director, Emergency Preparedness, Brevard County'/"'... William O'Brian, Director, Emergency Preparedness, I ~ \ ) Palm Beach County; John DeLoach, Programs ~, \ Manager, Hurricane Relief, PBS&J; Bill Corwile, Federa~,~~'' Coordinating Officer, FEMA FEMA leaders W!II be on hand to answer your hurricane recovery questions. Speak directly with FEMA federal coordinating officer Bill Carwile an[~ get valuable grant and loan iflformatiofl at the "Resource Pavilion." Florida League of Cities Hosts Hurricane Havocs Workshop The League is offering a hurricane workshop in conjunction with the Legislative Conference. "Hurricane Havocs: The Importance of Pre-Emergency Planning and Post-Disaster Recovery" is your chance to hear from our federal and state experts. FE/V~A, FLorida's Division of EmerBency Management, and our local emergency managers are preparing valuable funding and program resource information especially for cities. Who will pay your debris-removaJ cost? When will you receive FEMA assistance? Where are the 8rants and aid? How can you plan better to protect Uves and prol~erty? The answers to these and other questions will be addressed. The hurricane workshop is scheduled for Friday, November 19, at 10:30 a.m. as part of the League's Legislative Conference at the Hyatt Re~ency Orlando International Airport Hotel. If you are unable to attend the conference but would like to attend the workshop, there is no registration fee for the workshop. PLease fill out the reBistration form below to attend the hurricane workshop ONLY. Panelists ' Crai9 Fu~ate, Director, Division of Emergency Management, Department of Community Affairs; Eve Rainey, Bureau Chief, Division of Emergency Management, D_e. partment of Community Affairs; Leroy Thompsont Bureau of Recovery Et MitiBation, Division of EmergenCy ManaBement, Department of Community Affairs; Mayor Tom White, City of Vero Beach; Robert Lay, Director, Emergency Preparedness, Brevard County; William O'Brian, Director, EmerBency Preparedness, Palm Beach County; John DeLoach, Programs Manager, Hurricane Relief, PBSEtJ; Bill Carwile, Federal Coordinating Officer, FEMA Hurdcane Workshop Friday, November 19, at 10:30 a.m., Hyatt Regency OrLando International Airport Hotel CompLete the following registration form if you will be attending the hurricane workshop ONLY. If you have or will be registering for the entire LeBisLative Conference, please do not comptete this form. The hurricane workshop is included with your LegisLative Conference registration. Name: TitLe: AffiLiation: Address: City: State: Phone: Fax: E-mail: Please complete and return by October 29, :ZOO4, to: Tanesha Williams Florida League of Cities, Inc. Post Office Box 1757 TalLahassee, FL 32302-1757 or fa~22-3806. Zip: If you are physicalty chatLenged and require speciat services, ptease attach a written description to your registration form. <See separate form for housing accommodations,) Return completed form with registration fee to Florida League of Cities, Inc., Post Office Box 1757, Taitahassee, FL 37.302-1757. Please type or print information requested. Fill out separate form for each registrant. FIRST First Name or Nickname Title Address MIDDLE LAST (AS YOU WISH ~T TO APPEAR ON BADGE) Affiliation City/State/Zip. Phone Number ( ) Fax Number I ) E-mail First Time Attendee O Yes O No Contact Person Credit Card Type: O MasterCard O Visa Number Exp. Date Name of Cardhotder Payment must accompany each registration. Reminder: 1, Re~stration fee: $175.00. Covers admission to alt conference sessions, Thursday night reception, continental breakfast, refreshment breaks and tunch. Make checks payable to the Ftorida League of Cities, Inc. If you register on tine, do not mar or fax the registration form to the Florida League of Cities. If paying by credit card, please flu out information required. We only accept MasterCard and Visa. The advance registration deadline is October 29. After that date, pkease register on site. 1~ Complete a separate Conference Registration Form for each dekegate. Duplicate this form as needed. I, Cancellations must be received and confirmed in writing by November 5 to receive a refund of registration fees. Refunds are not given until after the conference. Special Needs: If you are physically challenged and require special services, or if you have special dietary needs, please attach a written description of those needs to your registration form. Payment Received. Check Number Credit Card Entry Date Florida League of Cities, Inc. kO. Box 1757 Tailahassee, FL 32302-1757 (850) Z22-9684 · Suncom 278-5331 Fax (850) 222-3806 City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Position Upgrade to Records ~~ity Clerk's Office Appro~ed~ttal/.~,-~-~x~ ~ --. by. T. .r'ence re, Agenda No. Depertment Origin: City Clerk City Attorney: Finance Director:;~ Human Resourc Date Submitted: 10/21/04 For Agenda of 10/27/04 Exhibits: Memo dated 10/20/04 SUMMARY STATEMENT I am requesting City Council's concurrence with an upgrade for the current non-exempt "Records Management Specialist~' position to an entry level exempt position of "Records Program Manager", Please see my explanation memo attached to this transmittal. A budget adjustment will be required in the first quarter budget amendment to accommodate the upgrade. The upgrade Will result in an approximately $4,000 salary increase. RECOMMENDED ACTION Concur with the City Clerk's requested position upgrade to an entry level exempt position of "Records Program Manager" and direct her to work with the City Manager, Human Resources Director, Finance Director and City Attorney to facilitate the upgrade. HOME OF PELICAN ISLAND MEMORANDUM To: From: Subject: Date: Cc: Mayor McColium and City Council Members Sally Maio, CMC - City Clerk Request for Concurrence with Position Upgrade - Records Management Specialist (non-exempt) to Records Program Manager (exempt) 10/21/2004 Terrence Moore, City Manager; Rich Stringer, City Attorney; Jim Sexton, Human Resoumes Director The Records Management Specialist position was created in June 2000 just prior to the time that I became City Clerk. Although the description is for "Records Management Specialist" it was placed in the salary range of a non-exempt "records retention clerk". Since I have been City Clerk, I have lost two people from the position/the first of whom left to take a supervisory position with St, Johns River Water Management District, There is a very long training process for this position due to the complex laws with which one must become familiar to educate other City staff. The individual in this position is responsible for the overall City of Sebastian Records Program, i.e., the City's imaging program, coordination of all City department records management liaisons and committee, extensive knowledge of state laws relative to records management, coordination with MCCi and MIS for ongoing upgrades to our Laserfiche imaging program, and city-wide training programs relative to records management, public records law and imaging technology. The individual in this position deals on a daily basis with confidential information, and must use discretion in dealing with exempt and confidential public records. She recently compiled an e-mail/public records training manual which was used in a training session for all employees given by this office, Human Resources, MIS and the City Attorney and has been working with each department to establish a city-wide records retention schedule. Once settled into our new City Hall she will begin an intensive program to bring everyone on board as to the significance of records management, coordinate volunteers to assist us with preparation of records for scanning, work with MIS to implement a mobile scanning system to be utilized by various departments to begin imaging of department records, and work with MCCi to facilitate upgrades to our Laserfiche Imaging System to be used throughout the The position title must reflect the responsibilities of the position or I will again risk losing good people and the records management program will not progress as planned if I have to keep retraining people. Due to the fact that I am a Charter officer, and after having had discussions with the City Manager and Human Resources Director about upgrading this position to exempt, I am requesting your concurrence for an upgrade of the Records Management Specialist position to Records Program Manager at starting exempt level 28E step one. If you concur, I will work with City administration to prepare the appropriate paperwork and adjust my budget to accommodate the upgrade. Following my appointment as City Clerk, we adopted an ordinance designating the City Clerk as the City's Records Management Liaison Officer, a requirement of Florida Statutes. It is typical that a Records person is the RMLO, and I would like to be able to designate her as such if I can feel assured that the position title fits the responsibility. This will take a minor code amendment to designate "the City Clerk or her designee", and with your concurrence I will work with the City Attorney to draft an ordinance. Thank you. sam AGENDA TRANSMITI'AL Subject: Authorize expenditures for disaster Agenda No. (.~/, recovery services performed by Ashbritt, Inc~ Submitt~'~.pF~/ Department Origin: Finance for Finance Director: ~~j Gen. Services A dn~ n-istr~ at'r: ~ , City Attorney: City Clerk: Date Submitted: October 19, 2004 For Agenda of: October 27, 2004 Exhibits: · Exhibit A - Disaster Recovery Services Expenditure Forecast for Ashbritt, Inc. · Invoice summaries from Ashbritt, Inc. for services provided from SePtember 9, 2004 through September 30, 2004 EXI'ENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: $0 REQUIRED: $151,347 90% from FEMA, Not to exceed from city's emergency from State $3,026,940 reserve fund for city's Reimbursement, and 5% portion 5% from city's emergency reserve SUMMARY On June 9, 2004 the City Council authorized to piggyback multiple Charlotte County's contracts for Emergency Services on an as needed basis. Due to the damage sustained to the City of Sebastian during Hurricanes Frances and Jeanne, Ashbritt, Inc. Was called in to perform disaster recovery services. Public Works Department estimated the total debris removal for both storms is approximately 210,000 cubic yards, which includes yard waste and construction material. Based on this, the city's forecast expenditures (see Exhibit A) for Ashbritt, Inc. disaster recovery services are approximately $3,026,940. The initial invoices represent the services performed by A~shbritt, Inc. from September 9, 2004 through September 30, 2004 in total amount of $536,120.86. This amount does not include the mulching services as well as debris removal from temporary debris storage (Sebastian Municipal Airport) to fmal disposal site. RECOMMENDED ACTION Move to authorize expenditures for disaster recovery services performed by Ashbritt, Inc. on an as needed basis not to exceed $3,026,940 and appropriate $151,347 from city's emergency reserve fund to cover the city's 5% share of total estimated costs. EXHIBIT "A" CITY OF SEBASTIAN, FLORIDA DISASTER RECOVERY SERVICES EXPENDITURE FORECAST FOR ASHBRITT. INC. October 19, 2004 Service Category Description Estimated Price Per Estimated Cubic Yard .Cubic Yard Amount Debris removal from public property and hauling to temporary staging area (Sebastian Municipal Airport)* 210,000x88%=184,800 184,800 $9.30 $1,718,640 Management of temporary debris storage and reduction site 210,000 $2.73 $573,300 Processing (grinding/chipping) of debris at tc~nporary debris storage and reduction site 150,000 $3.40 $510,000 Debris removal from temporary debris storage and reduction site and hauling to final disposal site 60,000 $3.75 $225,000 Total Estimated Expenditure $3,026,940 *Public Works Department estimated the total debris removal for both storms is approximately 210,000 cubic yards, wtdch includes yard waste of 150,000 cubic yards and construction material of 60,000 cubic yards. Staff estimates 88% of the total debris removal will be performed by Ashbritt, Inc. and 12% will be performed by city staff. Ash .... Environmental INVOICE Name City of Sebastian Date l 0/11/2004 Address 1225 Main Street Job No 04S015 City Sebastian State FI- ZIP 32958 . Attn: Qt~ Date Description Unit Unit Price TOTAL 33024.7 9/9 to 9/25/04 Debris Removal from Public Property (Right-of-Way) cy $ 9.30 $ 307,129.71 10125.7 9/26 to 9/30/04 DeDris Removal from Public Property (Right-of-Way) cy $ 9.30 $ 94,169.01 ;PROJECT ,~u / Sut~Total $ 401,298.72 TOTAL $ 401,298,72 480 South Andrews Avenue, Suite 103, Pompano Beach, FI 3305g Telephone (954) 545-3535 Fax (954) 545-3585 Environ menta L INVOICE Name Cit7 of Sebastian Date 10/1112004 Address 1225 Main street Job No 04S015 City Sebastian State FL ZiP 32958 Attll: / ... Qt./ Date DescrlFtion Unit Un~ Price TOTAL 37778.6 919to 9/25/04 IManagement of TDSRS- Hurricane Frances cy $ 2.73 $ 103,135.58 11240.5 9/26 to 9130/04 Management of TDSRS - Humcane Jeanne FY 2004 cy $ 2.73 $ 30,686.57 [: . RO. #: PROJECT #: AMOUN'~ $ ~ ,~ SubTotal $ 133,822.14 TOTAL $ 133,822.14 480 South Andrews Avenue, Suite 103, Pompano Beach, FI 33069 Telephone (954) 545-3~35 Fax (954) 545-3585 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Agenda No. Repair of damage to Twin Piers and other City docks and piers caused by Department Origin: Engineering Hurricane Jeanne. Department Finance Director: ~.~ .~"~ by; e.er Sem : T~uce~foore ~'~ --'-'~" Date Submitted: 10/19/04 For Agenda of: 10/27/04 Exhibits: [Copy of Tabulation of Proposals EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: 95% FE1VIA NTE $73,100 $0 $3,655 f rom 5% State Emergency Reserve 5% City Emergency Fund Reserve Fund SUMMARY Hurricane Jeanne caused significant damage to City piers and docks. Accordingly, the City solicited proposals in accordance with purchasing manual emergency procedure from recOgnized and approved dock contractors to repair that damage in various specified locations. The best and lowest responsive combined bid quotation received is from Dockside Builders of Sebastian in the mount of $73,100 (see attached spreadsheet). RECOMMENDED ACTION Move to waive competitive sealed bid procedure and approve contract award in an amount of $73,100 to Dockside Builders of Sebastian to repair the damage to various City docks and piers caused by Hurricane Jeanne. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Agenda No. ~4~ ~ 0 ~ Replacement of sidewalk on Indian River Drive damaged by hurricane Department Origin: Engineering Jeanne. Department Head~ · Finance Director: ~ App ve~~~l by: General Services: ~ ,.T,e~ence .~ore -- Date Submitted: 10/19/04 For Agenda of: 10/27/04 Exhibits: EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: NTE $25,000 - 0 - $1250 from Emergency 90% FEMA Reserves Fund 5% State 5% City Emer. Res. Fund .SUMMARY As a result of Hurricane Jeanne several sections of sidewalk along Indian River Drive were damaged and need to be replaced. Staff recommends the performance of the work under the terms and conditions of our existing contract with Regan Masonry. RECOMMENDED ACTION Move to authorize expenditure not to exceed $25,000 t~ repair sidewalks along Indian River Drive by Regan Masonry under the terms and conditions of the current contract. ~ O~ PE, UCA~ CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Barber Street Sports Complex Agenda No. ~o ~ ~ Lighting replacement ~S~al by: ~ Department Origin:~/~ Department Head'.~/~.(~//7~/ /~ Fin an ee Direct ° r ://~'~'~ ~f~'~-'~ · General Services: ~r~''' For Agenda of: 10/27/04 Exhibits: Letter from Musco Lighting EXPENDITURE AMOUNT APPROPRIATION Inn, SOVaC~.' REQUIRED: BUDGETED: REQUIRED; FEMA 90% $41,350 $ 0 $2068 for City's 5% ' State 5% ' City 5% SUMMARY Hurricanes Frances and Jeanne left substantial damage to the lights at the Barber Street Sports Complex. As you are aware these fields are in constant use and repairs must be done in a timely manner. An emergency purchase order has been typed in the amount of $41,350 to Museo Lighting. This will cover all materials and labor to repair or replace all damaged equipment and to check and shore up all Existing equipment. Musco Lighting was the company who has installed all the lights at this field and therefore, they are very familiar with the design and equipment required to make the sports complex operational. The city's 5% share of this expenditure will come l}om the General Fund Emergency Reserves. RECOMMENDED ACTION Move to approve the emergency purchase order to Musco lighting in the amount of $41,350 and appropriate funds in the amount $2068 from General Fund Emergency Reserves for the City's 5% share. I_LC 81;~ ~74 E~02 P.Oi/Ol Chis McCarbhy C[~/of $ebas~an Fax # 77~-589-620g . Dear -nm ][mneff asked me t~ put this quick estimate t~:j~her for ~ou. This e~dmal~ inc~udss: re~ack~g the follo~ng product for harnesses, crossan~s, knuck~a c~nes, reflec~rs, and.tamps. Co~t includes labor assoc~ wl~ a comp~e turnkey ~.~6ect: ~1 Fie $4[,3B) appticmble ta~es hlusc~ will also movi~e m-certification for pole f~undm'dons and sim in all fl3(tures mee~ ~e ~ginal crit,,eMa set: ~rbh in this pro~ect, you have any ques~ons, please do no~ h~itat~ te call elt~e~'rim II TOTI~- CITY OF SEBASTIAN AGENDA TRANSMIrlTAL Subject: New pavement markings associated with the overlay paving of Main Street. . ,: _ Te~a~6'e R. Moor~-~ - - Agenda No. OL/, 2 ff I Department Origin: Engineering Department Finance Director: g~.e.~ngr4ff Services: Date Submitted: 10/19/04 For Agenda of: 10/27/04 Exhibits: Copy of Responsive Price Quotation EXPENDITURE ] AMOUNT APPROPRIATION REQUIRED: REQUIRED: BUDGETED: N/A NTE $7289.38 Part of $200,000 FUNDING SOURCE: N/A SUMMARY The overall plan for the dedication of the New City Hall Mtmicipal Complex later this year calls for the prior overlay paving of Main Street fi:om US 1 to FleraJng Street, a distance of approximately 1.2 miles and including approximately 30 intersections with tributary streets and major driveways. When done, this new overlay paving will require new pavement striping and pavement markings, including painted arrows, stop bars, and delineated crosswalks. Accordingly, the City solicited proposals fi:om recognized and approved pavement marking contractors. The only responsive bid quotation received is from Gene's Striping of Fort Pierce in the mount of $7289.38. RECOMME~ED ACTION Move to Waive competitive bidding requirements and approve contract award in an amount not to exceed $7,289.38 to Gene's Striping of Fort Pierce for the pavement markings required for the overlay paving of Main Street fi:om US 1 to Fleming Street prior to the dedication of the New City Hall Municipal Complex later this year. io/i~/2oo4 oB:i4 7724293458 GENES STRIPING PAGE Dt 3326 Or~aSe Ave For~ Piercc, FL 34047 Ph (772) 464-9737 Fx (772) 429-3458 CITY OF SEBASTIAN [ 1/,25 MAIN ST. SEBASTIAN, FL ~.~951g iTEM 12,190 25 170 3~720 2,961 224 324 Estimate ESTIMATE NO. 4384 DESCRIPTION COMBINATION ARROWS PAINT 8T~B~ p~ ~'6~ ~ p~ I~'6' ~IZ gI~BTOTAL FOR TH~ AliVE PA/NT = $'7289,38 NOTR: 17~ ~ A~ A~3OVE Birr ~ THER.~ X INSTEAD OF PAINT $21574.50 NB, THIS DO~ NOT E4CLLrI~ ANY PAR.K~G ~'£AL1LB CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Overlay paving of Main Street from US 1 to Fleming Street prior to dedication of New City Hall Complex. T r ce Agenda NO. ~"~. ,~..-t I .... Department OriginS' g Department Headg ~t_.~: Finance Dire?or: General Services: City Clerk: Date Submitted: 10/19/04 ~-~ For Agenda Of: 10/27/04 Exhibits: Copies of Estimate EXPENDITURE REQUIRED: NTE $60,820 AMOUNT BUDGETED: $200,000 APPROPRIATION REQUH~ED: N/A FUNDING SOURCE: N/A SUMMARY The overall plan for the dedication of the New City Halt Murficipal Complex later this year calls for the prior overlay paving of Main Street from US 1 to Fleming Street, a distance of approximately 1.2 miles and including approximately 30 intersections with tributary streets and major driveways. This work can be done under a contract to be awarded to Elmo Greer & Sons, LLC of Veto Beach, in compliance with the provisions of Indian River County Term Contract #7016 for Asphalt Paving and Resurfacing effective October 1, 2004. Greer has agreed to perform the same work for the City of Sebastian under the terms and conditions of their contract with Indian River County Contract. A copy of the contract is attached. RECOMMENDED ACTION Move to approve expenditure in an amount not to exceed $60,820 with Elmo Greer & Sons for the overlay paving of Main Street fi'om US I to Fleming Street prior to the dedication of the New City Hall Mtmicipal Complex later this year. CITY OF SEBASTIAN AGENDA TRANSMITI'AL Subject: Piggy-Back Annual Contract IRC Contract for Asphalt Road Paving and Pothole Repairs. Agenda No. Department Origin: Engi~ ~.~ring Department Finance Director: General Services:~ Date Submitted: 10/19/04 For Agenda of: 10/27/04 Exhibits: Copy of Indian River County Contract #7016 EXI~ENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: $-0- $153,000 $153,000 FUNDING SOURCE: Public Works General Fund & Local Option Gas Tax 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 a piggy-back 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. Elmo Greer & Sons, LLC of Vero Beach was awarded Indian River County Term Contract #7016 for Asphalt Paving and Resurfaeing effective October 1, 2004 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. RECOMMENDED ACTION Move to authorize expenditure on an as needed basis not to exceed $I53,000 to perform asphalt resurfacing of roads and to furnish asphalt for pothole repairs by Elmo Greer & Sons, LLC subject to the terms and conditions of Indian River County T~rm Contract #7016 for Asphalt,,,,----~, Paving and Resurfacing. (/"2-)~) FrOr~.ELNU u~;r-r.K ~1~1~ ;~UNU b~S7825 10/06/20C~4 1]:65 ~98 P.001 ELi~J[O GI~.R & SONS, LLC T~r-~ON~ (~) ~.~I~ October 1, 2004, 01~¥ of Sebastian Sebastian, FL 32958 ANNUAL RESURFACING CONTRACT CONTRACT BID #7016 Deer Mr. ~ieiro: As we dis=us=ed, Eimo Greet & Sons, LLC is willing to oomplete work for the City of Seba~ian uncter the same terms and conditions as our contract wl~h indian River County. If you have any further questions, please do not hesitate ~o oontect me. Thank you. NS, LLC J. Toddler BO~. .D OF COUNTY COMMISSIOi RS FOR ~SPM~LT PAYING Elmo'G~er & Sons, LLC P.O. Box ~ 3 London, ;KY 40743 TMs ia m infom yau ~m ~¢ Indian Riwr Coanty Bo~ &Couniy hereby ~ntct~ into ~ te~ con,mcr to ~e [otlowi~g: AND COiN'T) ITION. S. Commissioncr~ our ln~b~on to Bid # I 5~ lons armore o ~SP P.5 Traffic Level B far projects 1~~,'~ B for projeC~.requi~g 5 0O0 ton $59.08 ton 2~0 ~0n $81.34 mn '$~51.74 ton · $59.08 wn S81.B~mn ~{ 2. T~-rra of A. Tills k~ ~ on~ (]) your ~ con~[ for %h~ hm~ pc~od sp~:d ~n, dn~ng which d~{m~ and ~ vmtdo~ sh~ d~liv~r the s~vicos I pl'o~. ob]igat~ to purchase Bay ~d~l~um a~ou~l .Se~er 30. C. Th{s ~n~ct ~w b~ ~a~w~, by mut~..n~m~t, 2Of ~dition~ ~t to this con~¢t wi~. ~:~p~ov~ ~qukin~Bo~ ~fion. . am~ , -" " ~ ' . '- . a ~an~l ~is con~t. Ti~ 'Coun~ r~ns ~t~e ~ght to can~] ~s con~act, ~th or without g~d cause, upon miry- {30) day~ ~or w~ · "' 770..5140 2,625 3.9~u Avenue'¥e'r° Bes~h, ~"JO~iflll"~2969'?~]i~C/7'2] S674Jt~ ~ i45~U~ ~] ~ma~ ~urch~g ~irc~m O~x. _D OF COUNTY COMMISSIO~-z~S Th~ Depam~a~ will pi~c.e .c~_r~ a~b~t ~ ~l~km~'~h~ O~ ~ and and ~o~o~ [or d~tjvew. Thc Boa~ of Cowry Commiss~5 subject ~o ta~qully ~pmpr~ta~ ~he obli~adom of ~dfau ~,~r, lComt)' und~ fo~ ~s pm~o;e. ~c Cou~ .ty h~.~h~ follov~iag Tax 5r~.ax~ion Certifi~v-,s assig-~ed. A. ~ffigicat~ of RegistD' .No~ '59-~D-~3'~ 'for ~x;fr~ '~sactiom'un~ C~p~ 32, ~mraal Revenue Cedo. B. Flofid~ S~es aad Use T~ ~xe~oh. Ceffifica~ ~o,'41:~5~12~29:~C' Blanket Pumh~ In dj:mn l~ver ComB' Fin~mee l:leP ,a)frm=m Veto B~ach. FL 32960-3394 l'~SlpOn SO, Beta.vd ol Cmuur. y ComnOssloners Indian'River Coua~'., Florida, r-ran ~owe, ll, ~u rc hard ng ]~.gS~i'o= Dat.~ CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Authorization to enter into five year lease agreements with CIT Leasing for three (3) MITA Digital Copy Machines for the B~q~ling Department, Growth Ma ,mlgei~lenh and Ci~]~Ianager,s~ Office ap~o~ve~/~anager Exhibits: Agenda No. Ot~,~Ll~ Department Origin: Finance Finance Director: _~/~ Gen. Services Administratror: City Attorney: City Clerk: Date Submitted: October 13, 2004 For Agenda of: October 27, 2004 · Copy of Municipal Lease Agreements with CIT Leasing · Copy of Non-Appropriation Rider · Copy of Piggyback contract with the University of Florida Bid Number 02K-1YCA · Copy of Comprehensive Customer Support Agreement EXPENDITURE AMOUNT I APPROPRIATION FUNDING SOURCE: KEQUIRED:N/A BUDGETED: N/A I REQUIRED: N/A N/A SUMMARY The copier in the common area of the Building/Growth Management Departments was purchased in 1997, and was recently destroyed during Hurricane Jeanne. The original intent was to replace the damaged copier by piggybacking University of Florida's contract with EGP, Inc. However, Building Department and Growth Management have brought to our attention that getting two smaller copiers (Mita 3035 Digital System for the Building Department and Mita 4035 Digital System for the Growth Management) instead of one large copier (Mira 5035 Digital System) will suit their needs a lot better in the new city hall facility. The combined purchase price for the two replacement copiers is $13,587.93 ($6601.86 for Mita 3035 and $6,986.07 for Mira 4035), with a maintenance charge of $0.0085 per copy. EGP, Inc. has agreed not to raise the per copy charge more than 5% per year. EGP, Inc. also offers the city an option to lease the copier for a combined cost of $254.34 ($113.84 for Mira 3035 and $140.50 for /vfita 4035) per month for 60 months with a maintenance charge of $0.0085 per copy for the term of the contract. The maintenance charge per copy covers all service, parts, labor, and toner with exception 9P'"?'x paper and staples for both options. (5q9 The City Manager's office currently does not have a copier. The need for a copier becomes evident dueXfl~~ the location of City Manager's office in the new city hall and the increase in future estimated usage. EGP, Inc. has made a similar offer for a smaller copier (Mita 3035 Digital System) for a purchase price of $6,601.86 or $I 13.84 per month for 60 months. The maintenance charge arrangement is the same as above. After reviewing the lease and purchase options, staff has determined the best option is to lease the equipment based on prudent money management and avoicting the risk of any potential repair with the owned equipment. The operating budgets currently existing will easily absorb this lease cost. RECOMMENDED ACTION Move to waive competitive bid procedure and approve lease agreements and non-appropriation riders with CIT Leasing and comprehensive customer support agreement with EGP, Inc., and authorize the City Manager to execute the same. LEASE AGREEMENT TO OUR VALUEDCUSTOM~R: This Lease has been wdtten in "Plain English." When we use the worfl~ you and your in this Lease, we mean you, our cus~-ner, which is the Lessee indicated below. When we use the v~rds we, us, and our in this Lease, we mean the Lessor, CF/' Technology Financing Services, Inc. Our address is P.O. Box 1638, Livingston, NJ 07059. CUSTOMER L~sse~ Name ~ling' S~met Addre~/Ci~o~n~/State~ip Equipment Location ~f d~e~nt ~m a~ve) SUPPUER INFORMATION Supplier Name Street Address/City/County/State/Zip Lessee Phone No. Customer# ("SUPPLIER") Supplier Phone No. EQUIPMENT DE.~CRIPTION END OF LEASE PURCHASE OPTION TERM AND LEASE PAYMENT SCHEDULE INSURANCE & TAXES TERMS AND CONDITIONS ChecJ< one applicable box. If no box is checked or if more than one box is checked, the Fair Market Value Purchase Option PLUS will apply. [~F;ir Market Value Purchase Option [~1 Fixed Price Purchase Option of $ ~ APPUCABLE -~ F~ed Price Purchase Option of % of the Tota~ Cash Pdce TAXES Initial Lease Term (Months) LI LE ese Payment You agree to pay at the time you sign this Lease: (,lO0 ~ tqm)' SO A) TotalAdvanceLeasePayment:tO/~ (Mos.) .$ I100 Additional Provisions B) Sales/use Tax on Advance Lease Payment . $ ~ OO PLUS '~} One-time Documentation Fee . $ 75.00 APPLICABLE [~) Total of A + B + C "$.-- TAX~.~ If more '~an one Lease Payment is required Jn advance, the additional amount will be applied at the end of the initial or any renewal term. - You are required to provide and maintain h~surance related to the Equipmem, end to pay any property, use, and other taxes related to this Lease or the Equipment. (See Sections 4 and 6 on the back of this Lease.) If you are tax-exempt, you agree tb furnish us with satisfactory evidence of your exemption. BY SIGNING THIS LF. ASE: (i) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE T~S AND CONDITIONS ON THE PItONT AND BACK OF THIS L~ASEi (1~ YOU AGREE THAT THIS LEASE IS A NET LEASE THAT YOU CANNOT TERMINATE OR CANCEL, YOU HAVE AN UNCONDmONAL OELIGATION TO MAKE ALL PAYMENTS DUE UNDER THIS LEA~E, AND YOU CANNOT WITHHOLD, SET OFF OR REDUCE SUCH PAYM E N?S FOR AFJY REASON; (ill} YOU WILL USE THE EQUIPMENT ONLY FOE GUSlIfi~$ PURPOSES; (iv) YOU WARRANT THAT THE PERSON SIGNING THIS LEASE FOR YOU HAE THE AUTHORITY TO Go SO AND TO GRANT THE POWER OF AI'FORN EY SET FORTH IN SECTION ? OF THIS LEASEI (v) YOU CONEIRM THAI' YOU DECIDED TO ENTER INTO THIS LEA~E RATHER THAN PURCHASE THE EQUIPMENT FOR THE TOTAL C. ASH PRICE~ AND (vi) YOU AGREE THAT THIS LEASE WIG. EE GOVERNED BY THE LAWS OF THE COMMONWEALTH OP MASEACHUEE'rT~ AND YOU CONSENT TO THE JURISDICTION OF ANT LOCAl. STATE, OR FI~DERAL COURT LOCATED WITHIN klASSACHUEETrS. YOU AND WE EXPRESSLY WAIVE ANY RIGHTS TO A TRIAl. BY JURY. X Authorized Signature '~orized Signature Print Name & '~t~e Date I~ Name & T'~ie Date PERSONAL GUARANTY THIS PI~9~ONAL GUA RAN'iFY CREATES SPECIFIC L~GAL OBLIGATIONS. When we use the words yml and your in this Personal Guaranty, we mean X . X ~ Personal Guarantor (no thole} Home Street Addmss/City/Sta~e/Zip Home Street Addres~City/Stet e/Z1 p 1. LEASE= DELIVERY AND ACCEPTANCE. You agree to lease the equipment described on the froot of this lease agreement (collectively "Equipment") on the terms and conditions shown on the front and back of this lease {' Lease"}. if you have e~tered and Ac~., ptance C~lficate (if requested by ~s); cr b) 10 days a~er delivery of the Equipmeot 3. EQUIPMEI~rr LOCATION; USE AND REPAIR~ RETURN. You wil) keep and use the REMEDIES CONFERRED UPON A LESSEE BY ARqlCLE 2A. Equipment only at the Equipment Location shown on the front of this Lease. You may not move the Equipment without our prior written conseot. At your own cos~ and expense, 11. ASSIGNMENT. YOU MAY NOT ASSIGN, SFJJ~ TRANSFER OR SUBLEASE THE ~ou will keep the Equipment eligible for any manufacturer's certification, in compliance EQUIPMENT OR YOUR INTERILRT IN THIS LEASE. We may, without notifying you, sell, with all agpl~cabie laws and in good coati,on, except for ordinary wear and tear. You will ,~ assign, or transfer this Lease and our rights in the Equipmeot. You agree ~qat the new not make eny alterations, additionsorrepiacementstotheEquipmeotwithoutour riot -\ownerwillhavetbesamerig~sandbenefltsthatwehe~enowunderthisLeasebutnot written consent. A~I a~teratfons, additions and replacements will become part ~r~Ethe ~our obligations. The rights of the new owner will not he sub'jec: to any claim, defense or Equipmeot and our probemy at no cost or expense to u~ We rnay i~pect the Equipment ~ot-off thot you may have against us. within 1,0 de, yE ~f th p . ~al r ?.rm nat!on o~ th~s Lease, you w, ill ~mmed ately, you will heve tbe option at the end of the inEiai or any renewal term to pun~ase all (but ...... ~anewalterm, trlatyouwl, ptlrcnase~leiCqul rtleot ortna:youw,lre~u q qa .... t ................ i' Opt~on pnce, we shall transfer our ~oterest ~n the Equ~pment to you AS lE, WH nsurance when requested. Such insurance will be in a form, amouot and with companies acceptable to us, and will provide that we will be given E0 days advance notice of any 14. CREDIT INFORMATION. YOU AUTHORIZE US OR ANT OF OUR AFFILIATES 10 OBTAIN CREDIT BUREAU REPORTS, AND MAKE OTHER CREDIT INQUIRIES 1HAT YOU WHETHER ~ HAVE REQUESTED A CONSUMER CREDIT REPORT AND THE ebvieus error~ ia this Lea~e. If we delay or fall to enforce any of our rights under ~h,s charged or c~lected JEy applicable h~w, and any such exce~ mm: will be apldzag to NON APPROPRIATION RIDER This Non-Appropriation Rider to,~,,,h,e Equipment Lea,~e dated as .o,f , 200H (the "Lease"J, is by and between ~as lessor an~ ,,O..i~'~ '.~¢~ Capitalized 'terms used herein without definition shall be defined as provided in the Lease. Notwithstanding anything contained in the Lease to the contrary, 1. Lessee presently intends to continue the Lease for its entire term and to pay all rentals relating thereto and shall do all things lawfully within its power to obtain and maintain funds from which the rentals and all other payments owing thereunder may be made. To the extent permitted by law, the person or entity in, charge of preparing Lessee's budget will include in the budget request for each fiscal year during tho term of the Lease the rentals to become due in such fiscal year. and will use all reasonable and lawful means available to secure the appropriation of money ~or such fiscal year sufficient to pay ail rentals coming due therein. The parties acknowledge that appropriation for rentals is a governmental function which Lessee cannot contractually commit itself in advance to perform and the Lease does not constitute such a commitment. However, Lessee reasonably believes that moneys in an amount sufficient to make all rentals can and will lawfully be appropriated and made evailabl,e to permit Lessee's continued utilization of the Equipment in the performance of i~s essential functions during the term of the Lease. 2. If Lessee's governing body fails to appropriate sufficient moneys in any fiscal year for rentals or other payments due under the Lease and if other funds are not available for such payments, then a "Non-Appropriation" shall be deemed to have occurred. If a Non- Appropriation occurs, then: (J) Lessee shall give Lessor immediate notice of such Non- Appropriation and provide written evidence of such failure by Lassoers governing body at least sixty 160) days prior to the end of the then current fiscal year or if Non-Appropriation has not occurre.d, by. that date, immediately upon such Non-Appropriation; (ii) no lazar than The last day of the fiscal year for which appropriations were made for the rentals due under the Lease {the "Return Date"), Lessee shall return to Lessor all, but not less than all, of the Equipment covered by the Lease, at Lessee's sole expense, in accordance with the terms hereof; and (iii) the Lease shall terminate on the Return Date without penalty or expense to Lessee and Lessee shall not be obligated to pay the rentals beyond such fiscal year, provided, that Lessee shall pay all rentals and other payments due under the Lease for which moneys shall have been appropriated or are otherwise available, provided fur[her, tha~ Lessee shall pay month-to-month rent at the rate set forth in the Lea~e for each month or par[ thereof that Lessee fails to return the Equipment as required herein. 3. The Lease shall be deemed executory only to the extent of monies appropriated and available for the purpose of the Lease, and no liability on account thereof shall be incurred by The Lessee beyond the amount of such monies. The Lease is not a general obligation of thc Lessee. Neither the full faith end credit nor the taxing power of the Lessee are pledged to the payment of any amount due or to become due under the Lease, It is understood that neither the Lease nor any representation by any public employee or officer creates any legal or moral obligation to appropriate ar make monies available for the purpose of the Lease, The Lessee and Leesor agree that they intend the Lease to be an operating lease and that by the execution thereof, Lessee acquires no ownership interest in the Equipment whether vested or contingent. The Lessee's interest in the-Equipment is limited to that of s Lessee and Lessor retains alt the rights of owner therein. Any provisions indicating to the contrary in this Rider are for precautionary purposes only, B. The Lease and this Rider shell be governed by The laws of ~:¢.;~".!',~.._ . Any provisions of the Lease or this Rider found to be prohibited by law shell be ineffective to The extent of such prohibition without invalidating the remainder of the Lease or this Rider. 6. This Rider may be executed in several counterparts and all of which shall constitute but one and the same instrument. 7. This Rider shall be binding upon and inure to the benefit of the Lessee and Lessor and their respective successors and assigns. Except as modified herein the Lease remains in full force and effect. IN WITNESg WHEREOF, each of the pardes hereto has caused this Rider to be executed es of the ~ day of 200~. LESSEE: LESSOR: By: Tit e: Data By: Title: 4035 DIGITAL COPY~G SYSTEM 40 CPM CASH PURCHASE 60 MONTH LEASE IW_na 4035 Digital System Reversing Doo~rnent Feed Cabinet 3,000 Sheet Finisher With Punch Attadnnent Kit For F~i~her Print & Scan System U Additional 256 MB Memory Total Investment: $4225.75 $84.50 Included Included 1386.12 $27:72 26.07 1.32 1158.63 23.17 189.50 3.79 $6986.07 $140.50 The above pumhase price is based on the University of Florida contract #02K1YCA. This system has a lower lease Irate than the other systems quoted because we are not taking into consideration any of the payments remaining on your[ ,extstmg leases. SERVICE AND SUPPLY PRICING Service and supply "Kit" includes all service, parts (including drums), labor, and toner, everything needed to operate the copier with the exception of paper and staples. Cost: $.0085 Per Copy E.G.P, Inc. agrees not to raise the service contract on this system more than 5% per year. If the City decides to lease the equipment E.G.P., Xnc. agrees not to increase the cost per page for the term of the lease. PROPOSAL EXPIRES OCTOBER 30, 2004 LEASE AGREEMENT 7'0 OUR VALUED CUSTOMER: This Lease has been ~ in "Plain English." When we use the words you and your in this Lease, we mean you, our customer, which is the Lessee indicated below. When we use the words we, us, and our in this Lease, we mean the Lessor, CFF Technology FinancingServices, Inc Our address is P.O. Box 1638, Uvingston, NJ 07039. CUSTOMER Les,s.e Name Approva~ # Billing 9treet Address/City/County/$tate/Zip ~' ~'J~ c~. Lease* Equipment Location (if different from above) Lessee Phone No. TaxlD # SUPPLIER Sup~31ier NamA - INFOPJFIATION ~-' ~'~, I'), ...~'r~/__., ("SUPPLIER") Street Addmss/gitT/County/State/Zip EQUIPMENT DESCRIPTION Supplier Phone END OF LEASE PURCHASE OPTION TERM AND LEASE PAYMENT SCHEDULE INSURANCE. & TAXES TERMS AND CONDmONS Check one applicab)e boJ(. If no box {s checked or if more then one box is checked, the Fair Market VaJue Purchase Option PLUS {~F~ir Market Vatue Purchase Option Y~ Fixed Price Purchase Option of $ - .~ APPLICABLE [~ Fixed Price Purchase Option of, % of the Total Cash Pdce TAXI=S Initial Lease Term (Months) LI~D ase Payment You agree to pay at the tSrne you sign this Lease: (~(~ i~ ~j ~), ~'~ A) Total Advance Lease Payment: , 0 0 (MO,,) .$ Additional Prowsions g) Sales/use Tax on Advance Lease Payment = $ ~ ~O PLUS C) One-time Documentation Fee = $ TS.00 APPLICABLE ~"\ D) TotalofA+ B* C '$ TAXE~ I{ mo'~m than one Lease Payment is required in advance, the additional amount will be applied at the end of the initial or any renewal term. ~- You are required to provide and maintain insurance related to the Equipment, and to pay any property, use, and other taxes related t.o this Lease or the Equipment. (See Sections 4 and 6 on the back of this Lease.) If you are tax-exempt, you agree to furnish us web satisfactory evidence of your exemption. x PERSONAL GUARANTY THIS PERSONAL GUARANTY CEEATE~ SPECIFIC L~GAL OBUGATIONS. When we use th~ words ym~ and your in this Personal Guaranty, we mean the Pemaaal Guarant~s) indicated below. When we use the words we, t~, end our in this Personal Guaranty, we mean CI3' Te~hnoleg~ I~mandm3 ~en~es, Inc. payment and not of collection, and that we can pmceea'airectly against you wffhout first proceeding against the L~ae* or against the equipment covered by the ~ Personal Guaramor {no title) ~M'~ Home Street Addmss/City/State/23p Home Street Address/City/Stere/Zip us your rights under such Supply Contract, but none of your oblig~ns (other the? the wlll ~)Pr~nge for the delivery of the Equipment to you, ~°~en you ~ .ca,ye the ~..q~pr~em, you agree to inspect it to determine if ~t is in pood working order: ~ n= ~ wm and Acceptance Ce~lficato (if requested by us);, or b) 10 days el-car delivmy of the EClulprn_e, nt to you if you previously have not given v~tten notice to. us of y?ut, n,?-ac~,e, prance:. ?e Leas~ p,~ w be due onthe day of.ch su~equeot sooth (or auch under this Lease to us at such address as we may s~ecify ,n w~Jng. You ~uthor,~e, ~s t,o, Equipment, indudioPg any trade-up and buyoot amounts[ differs ~ the ,e~.'..m ~ .ed. T,otal of its due date, you will pay us a late charge not t° exceed ~ ,of. ~ ~ate payment (or APPOINT' US OR OUR DESIGNEE AS YOUR ATTORNEY-IN-FACT TO EXECUTE AND/OR F~LE, ATANY TIME, RNANCING STATEMENTS COVERING THE EQUIPMENT. Lease Payment ar any other.payment within.10 days o~. its du~., date; (b) you d.o.not perform any of your other obh g~ions under this. Lease. or ~_a n,y otn~..r ag re~,n~nt ~ or with any of our affiliates and this failure continues ~or lu aays after we nave no~Tlea fyou of it (c) you become insolveot, you dissolve or are dissolved, you assign your assets or the benefit of you r creditors, you sell, traqsfer cr Ott~A?dLS .pose of all or subst~otl.ally all of your assets, or you eoter (v~ uota~ily or ~nvolootarily) any oan~uptcy or.re, orge~ataon proceeding; (dj without our prior ~vr~en consent, you merge.or .con~,ohdate with any other entity and you ab not the survwor of such me.er or consohdation; !e) any guarantor ofchLs Lease dies, does not perfotm its obligations under the guaranty, or =ecornes suoject to one oftbe everns IJated in clause (c) above. 9. REMEDI~-.~ If a Default occurs, we may do one or mom of the following: (a) we .may cancel or termir~be this Lease or any or all other agreements that we have entered into with you; (b) we may rectuim you to immediately pay us, a~ comp. eriE at~.'on., for lo.ss..of our bergan and not as a penalty, a sum equal to (i) the pms,~ v?ue OT ? unp~,~a ~,a~, interest J n the Equipment, each discounted at 5% per year, compounded moothly, p~s all other amounts due or that become due under this Lease; (c) we may require you ,to deliver the Equipment to us as sat forth m Section 3; (d).,we or o~,r agent,n~ay pea?~uej repossess the Equipment without court order and you wLS not make any c~a~rns agmnat us for damages or trespass or any other mason; and (e} ~e ,ma}, exerc~e ant ot~. er .nght orr remedy available at Jaw or in equity. You agree te pay all maur easts ot emerang, rights agaJnat you, including rea~. na~e attonley~ fee~ I~ we take possession prJvam s~le, a~ apply the ~ proceeds (after we have deducted all co .~s. relatea ? ~n~ sale or disposition of the Equipment) to the amounts that you o.we us..~u agree met.,. notioe of sale Is required by lay(to be given, 10 days notice s.hals ,c?stitm`a reasona,'me~ notice. You will remain responsible for any amounts that ab aue armr we nave upp~ma such net proceeds. 10. FINANCE LEA~E STATUS. You agree that if Article 2A.-Lease.s of the Un_l~.rm Commercial Code applies to t.his Lease, this Lease will be conslde .m,d a ~,nan ?, te _a~e~ava: reviewed, approved, and received, a copy of the Supply Contract or (b) that we have informed you of the identity of the Supplier, that you may have rights under the Supply Contract. and that you may contact the Supplier for a desc~ption of the~e rights. TO THE EXTENT PERMITTED By APFUCABLE LAW, YOU WAIVE ANY AND ALL RIGHTS AND 3. EQUIPMENT LOCATION; USE AND REPAIR; RETURN. You will keep and use the REMEDIES CONFERRED UPON A LESSEE BY AReFICLE Equipment only at the Equipment Location shown on the front of thLs Lease. Yo, u may not .- ~'~ C. NMENT' YOU MAY NOT ASS GN, SELL, TI~ANSFER OR SUBLEASE THE move the Equipment without our. prio,r written cons, ant. At, your..o,.wn.!:ost aha _ex_~P~.._n_s_~ -~'~U'~I~'I~OR~;OUR NTERESTINTHIS LEASE Wemay, without notifying you. se , y~w!!l k~? ~, , q ~ ..... I?.1~ _..aai~yn exce-t for ordioarv wear and tear You will ~. assign or t~ansfer th.s Lease and our rights In the E,qu~oment. Yo~..a~, .e,tbet s addtt~onsor erneotstotheEqu mentwithoutourpnor ~ownerwfllhave g . . Equipment and our proper~y at no cost or expense to us. We may inspect t~e Eq?lPLern~nt set.off that you may have agalnat us. within 10 days of the expirat!on or earfler ?rminatlon of. thLs Le~se. you ~1, ,mmed,atal~y - you wfll have the option at the end of the ,n~a, or_any, renew, term to ~p~s~mhf~ta~(tb~s prov deuswith acertifi~t on~omthe manufacturer or rts ?tho~'lzed repmseot~t, .~? a.sto give us at least 90 days written not~ce b~ore the er~ of the in.~.~a~ le~.e, te?,.or~a~n_y. 4. TAXES AND FEE~ You wi[ when due, either directly or to us upon our dernand,· Equipmeot ?n accordance with the terms °f ?lis Lease' 'bLS Lease wd' 'ut°~ea~t~l~Yarenae~ rut ure ~.~sessed or laved by/~nY st at e, lOCal, o r,ot net g°v?~n~ mer~_a.~u _~n_ _~ ~_Y _ _..:.';~.~'~ a ~(~ notice ¶0 daw or or to such mnewa ton~. if the Fair Markot ~lue Purchase Option h~ vP~oua ~ ,~P~'us a fee for making such .lings We do not have to ¢oot~at any ,.es, be~,? ae, lecte~c!, we.,w.i_lL.u_s,e.,.._ou~'fravo~u~d~Lbol~ J~UCJr geegrnweltr~to~rdd~~Le~it'l~% ~nes or pena~ios. You w~li pay estimated property taxes wRh each Lease Paym ' '* ---P-~-* ,=~.= the fair market va tm ( n use and in o[aca) will be deterrntned at your destruct on of, or damage ,to. .the E.quipmeot (colloCtlveiy ~ ) from .any cause ~uirael]~ wrtPhoot any .presentation or warranty whatsoever and this Lease wJl~ terminate. a Less. Then atouro an. you will either (a) rebeJrthe Equlpr~eot~othatitlsm sufts an.a act~°ns~!C°lmC~v~-Y~.-~*~.~m.s~--w-n..e~. 'n~.--~.,~.II=*i~hi~ use ]ease. of dnYco~t'ndltionandworkin=Ftoirder, eli ibleforanymara~faotumr'scertificat~n, ot(b)pay othervn~ecause~.pyorre,~.a:,eu~u~=~ ...... go ~,od -- 'fie~ ~lngs~ctio n 911[1 be[ow possession, cr aellVery o? tne =qulpment or IDI any ameba in um 6. INSURANCE. You will provue and maintain at your expense (a) prodeny insurance ng~nat the Joss, the~ or destruction of, or demageto the Equipment for its full repiacerneot value nam ng us as loss payee, and (b) public liabil~y and third party property insurance, nam n~ us as an additional insured You will give us certifir.~es or other evidence of such insurance when requeated. Such insurance will be in a form, amount and with companies acceptab e to us, and will provide that we will be given 30 ~ adv?,nce not!? uofra~ey can=aileron or material chang~ of such ~nsurance. if you do not give us evloence o~ Insu acceptable to us, we have the right, but not the obligation, to obtain insurance cpv .ering and we will not be liable .to you if we terminate any ~nsuran .ce coverage ~ we a,r raengm~~ ~E~ll~Ll~m~r,~f .a~~ :o ~e a loewe intended for security, yougram us a 14. CREDIT INFORMATION. YOU AUI14ORIZE US OR ANY OF OUR AFFILIATES TO OBTAIN CREDIT BURBAU REPORTS, AND MAKE OTHER C~EDrr INQUIRIES THAT WE DETERMINE ARE NECESSARY. ON YOUR ~RII'I~N REQUEST, WE WILL INFORM YOU WHETHER WE HAVE REOUBSTED A CONSUMER CREDIT RSFORT AND THE N,ME AND *DOR~SS OF ANY CONSUMER CRRDrr RReo~nN~ A~EN~r T~T FURNISHED A REFORT. YOU ACKNOWLEDGE THAT WITHOUT FURIHER NOTIC~ WE MAY USE OR REQUEST ADDmONAL CREOrT BUREAU RrdaORTS TO UiPD~NA~. OUR iNFORMATION SO LONG AS YOUR OBMGATIONS TO US AR1: OUISTAND · IE. MISCELLANEOUS. You agreethatthetormsandco~..difionscootxi.ne~iJn, th~s toLeRant. cond~ons of thLs Lease must be in wtiting and signed by us. You agree, hOWeVer, Lease, we .w~.'li st~lJ be eotit ed to .e. oforce those rlphts ate later time. Al! nofl?s s~m~d given in writing by the p~rty sending the n~tl? a,nd she!! be ~ .e~ lv~e~._w~..en_~env~o n~he pmbeid. All of ou~ rights and indemnities will survive ~ termmatlO~ of th,s Lease. it i~ express otent of the parties not 'co vio~ce any appi,cab~e usur~ laws or to ~ceea maximum amount of time prioe d~erential or imerest, as charged or cc~ acted by applicable ~w, and any such excess beytneot v~l! i~e a)opl?~, 3035 DIGITAL COPYING SYSTEM FOR JEAN'S OFFICE 30 CPM CASH PURCHASE Mira 3035 Digital System $3552.76 Reversing Document Feed Included Cabinet Included 1,000 Sheet Finigher With One-Position Stapling 725.00 Attachment Kit For Finisher 26.07 Print & Scan System U 1158.63 Additional 256 MB Memory 189.50 Total Investmeat: $6601.86 60 MONTH LEASE $71.06 $14.50 1.32 23.17 3.79 $113.84 the above purchase price is based on the University ofFlurida commct #02K1YCA. This system has a lower lease rate than the other systems quoted because we are not taking into consideration any of the payments remaining on your ~,Jsting leases. , SERVICE AND SUPPLY PRICING gervice and supply "Kit" includes all service, parts (including drums), labor, and toner, everything needed to operate :he copier with the exception of paper and staples. Cost: $.0085 Per Copy E.G.P., lnc. agrees not to reJse the service contract on this system more than 5% per year. If the City decides to lease the equipment E.G.P., ThC. agrees not to increase the cost per page for the term of the lease. PROPOSAL EXpI*RES OCTOBER 30, 2004 The Document Imaging People It is EGP's intent to Provide Solutions, Service & Support for Guaranteed Customer Satisfaction! C~mOrehensive Customer Stwvort Agreement Model: Start Meter: Black: Date: Start Meter Color: [] Color Printers [] Facsimile [] O~tional Maintenance [] Network Support [] Black/White Printers [] Duplicators Combined Agreement (See attached Schedule A) Meter readings can be submitled bv e-mail or fa.~ Contact Person: ] E-mail: Sales: 1-800-432-4731 Customer Service: 1-800-451-9407 ComBrehensi~e Customer SuBport Aq~eement [~ lacluSive [] Maintenance Only ~o~ly [] Quarterly Block Contract: Base & O~erage: Blaclc,/I~Mte Copies/Prints Color Copies/Prints Copies per Cycle: Minimum Bose Charge:, Months per Cycle: Copies [ncludecL' Cost l~er Cycle: Overage cost/copy: Block contracts: Invoiced on meter cycle& Each cycle is g6od for a specked ~umber of copies or period of time, whichever comes B~e and average co~a~: Th~ A~eement is for one (1} year and will be invoiced for a minimum base charge plus overage at &e specked inte~ais. ~ Agree~nt w~ ~e to ren~ annually u~s ~. (30) ~ys w~n ~ce of ~nee~n, by e~her pa~, ~ gi~n p~or to ~e Ovtional Maintenance In addition to the above Comprehensive Customer Support ~greement, we have made available to you the customer. Optional Maintenance that will cover parts on the specified connected devices as related to your digital ~'vstem. This additional coverage includes the following items: Cost: Cost: Cost: Cost: Cost: Cost: Total for Opttonal Maintenanee: $ ~Monthly [] Quarterly ~tnnual Excludes all network ar computer support that may be needed outside of the ariglual installation. Pret~aid Bloclcs of Conmtttes/~etworking Labor EGP, lnc provides Trained Certified MCSE, CN~ ,~+ and Network+ field service professionals to assist you in your computer. networking, soft-are and printer needs. As a valued customer, EGP, Inc. is extending to you the option to pre-purchase d~counted blocks of time for computer and network related service. Total hours purchased: Cost per hour: · Total Cost $: + Tax I have declined to purchase a Network Support Contract, I understand that I will be billed at the current published per hour rate for on site and/or telephone support. Customer Signature: Prices subject to change ALL I~CLU~IVE STATEMENT Under an All-Inclusive Agreement EGP, Inc. will furnish all service, parts, labor, drums, toner and developer to produce a published guaranteed yield. Copies are based on an 8.5" x 1 ]" sheet of bond paper, in addition on "wide format" equipment copies are based on "count" (linear foot}. Excludes paper, staples, optional print ~. stems, fax options, nard drives and any network support. EXCLUSION STA TEMENT$ Digital Copiers: Maintenance only - Shall cover all service, parts and labor, excluding toner, developer, imaging units. maintenance kits, staples, disposal tanks, paper, optional print s.vst~ms, fax optiom, hard drives and any network support. Color .Copiers: Maintenance on(v - Shall cover all service, parts and labor, excluding toner, developer,/user oil, staples. disposal tanks and paper. Color Printers: Maintenance only - Shall cover all service, parts and labor, excluding toner, charger units, imaging units, disposal tanks,/user oil,/user cleaner, fitsing unit and maintenance kit/development units. · Blaclog~hite Printers: Maintenance only - Shall cover all service, parts and labor, excluding toner, dr~tm kit. developer kit, · maintenance kil,/user unit, process unil, and scanner unil. · 'acsimil~: Mainlenance only - Shall cover all service, parts and labor, excluding toner and imaging units. ~Duplloators: Maintenance only - Shall cover all service, parts and labor, excluding in& masters and drums,, Optional Maintenance: Excludes maintenance required after the end-user installs software, software updates or changes to lhe operating syslems are made. Any labor related lO net~vork, related problems, not directly involved in the replacement or repair o/items listed in this Agreement. GENERAL TERMS AND CONDITIONS 777is Annual Mainlenance Program shah not apply to repairs made necessar), by accident, misuse, abuse, neglect, theft, vandalism, electrical po~'er failure, water, acts of God, or other causali.ty or to repairs made necessary by service performed by personnel other than EGP lnc, ~he equipment s~all be tn good mechanical condition on the date of commencement of this Agreement. as determined by EGP Inc. and its service Agreement is not asstgnabte an~ ~s automatically cancelled with respect to the particular machines, should the equ~ment it covers be sold to a third party. 4. In the event the equipment is mo~ed out of EGP Inc. 's normal service area. £GP lnc, shall have the right,lo immediately terminate this Agreemem and cea.~e all future service on the equipment. 5. ~cluded from this Agreement are modifications to the equipment and overhauls: 6. Service hours - Monday through Friday., 8:30 am - .5:00 pm. EGP Inc. will be closed on the folloa~ing holidays: New Year's l~U2. Memorial Da?.,. Independence Da),, Labor Day. Thanksgiving Day and Christmas Day. Drums replaced as a result of normal use will be replaced al no charge. The following condilions ~eouM be the e~ception. Replacement of ab~ed drums will he charged at full price. Examples of ho~v a drum can be abused are hsted below: a. Touching the drum ~tth fingers/foretgn objects or u~e of supplies other than those recommended bg. ' the manufacturer. 8. This Agreement does not cover: a. Service necessitated by exceeding manufacturers recommended volume limitations, the mai. function of Non-Original Manufacturer '$ EquiPment. parts, ~uppties. attachments, or supplies not aulhor~ed by EG? Inc. h ~epairs or cleaning necessitated ~v the improper installation qftoner, developer or foreign agents. c. Exterior and odd.on copy counting or monitoring de~tces tt.e. Hecon, Copyguard z3,stem). recoverable and replenishment of such supplies ts the sole responstbiltO. of the customer. 10, Network Support.. ! hereby authorize £G?, [nc, and - · v~ ...... ~aotelor any eXpenses or damages i~c.,.~e~rta~ts, (both ~arffware and software) into the d ' sofinvore by EGP or yourself. of the above hard.are or esqo~pvamree.~ ~ l~oC~rSs~e~fl[oraOatnbyethhierlddp~.b~l,e ~rG~P lan~riebdted~orri ou ~¢rctte tae compu,er ~stems for purposes of ' '''Y ss or damag~ due to fire, theft, accident, or by performance of regular back-ups. EGP Inc. will not perform a bce/c-,,- ~t ~ and normal operation of a comouler ~ · - e°mp~wvith the f°ll°win'g agreement. This soJ'~are and ~r~.warsan~lte$' tncl~i.g bill .~ot limited to the its ..... ,any associated rt~lerial ia provided" . ~ ' ...i ~_~..ha~,~ reo~ utl~erstood and will . ........... tm respect to an*, claims ^ ...... ~"~v ..e provtaedsolnvore. £GP In .... ?..e, ntfftto,~$ Customer default the Customer shall nonethe/ess be obligated to Ray £G? Inc. ail amounts due for the balance of the .~grlement term. EGP Authorized Ofj~cer: O'er$ion.. 051604 CITY OF SEBASTIAN AGENDA TRANSMYi'I'AL Subject: Aquatic Weed Control Bid Award Apptoved for Submittal by: ~nager ~ hrr ence Agenda No. ~. { ~ ~% Department Origin:-- Engr/Storm~ ~' Purchasing/Contracting: '~'~' Fina ~n.~e Director~ ~ ~ ~A~omey: ~. / CiW Clerk: ~ Date SubdUed: O~ober 20, 2004 For Agenda of: October 28, 2004 Exhibits: Bid Tabulation, Bid withdrawal letter from Aquatic Biologist, Inc. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION FUNDING SOURCE: $37,695 $100,700 REQUIRED: N/A N/A SUMMARY The current Aquatic Weed Control contract expired in June. The contract was extended until October to nm concurrently with the budget year. Sealed bids were solicited for canal and channel aquatic weed control and exotic plant spraying at the Stonecrop Basin wetland area. Road resuffacing edge spraying and perimeter fence spraying at the airport on an as needed basis were also included as part of the bid. Aquatic Biologists, Inc. of Longwood Florida and Applied Aquatic Management of Eagle Lake Florida submitted sealed bids that were opened on September 13, 2004. The bids were tabulated and the City was prepared to recommend a split bid between both companies based on the lowest bid in each category. On October 15, 2004 Aquatic Biologists submitted a letter to the City withdrawing their bid leaving Applied Aquatic Management as the sole bidder. The withdrawal did not substantially affect the City and the City has had a long and excellent working relationship with Applied Aquatic Management. The term of the contract is to be three (3) years with automatic extensions for a maximum extended period of two (2) years absent delivery by either party at least 30 days prior to each anniversary date written notice of its intent to terminate. RECOMMENDED ACTION Move to award the contract to Applied Aquatic Management, Inc. for aquatic weed control in the amounts specified in the Bid Tabulation form and authorize staff to execute a service agreement for the same. 18/1~/200~ 14:21 4873D25863 ~U~TIC BIOLO~IBTS ~GE 82 AQUATIC BIOLOGISTS, INIC. AQUATIC MAN4(~EMENT SERVICES October 15,200a, City of Sabastian At'tn; Mr. Jesus Vieiro 1225 Main Street Sabastian, Fi 32958 Dear Mr. Vieiro, I am sending this letter in regards to the Aq~tic Weed Control bid package that was s~lbmlttect to the City of Sebastian by Aquatic BiolOgists, Inc. At this time, Aquatic Biologists, Inc. wout~ like to respectfully withdraw our bid submittal, The reasons for our requests are detailed below. Fiat off, Aquatic Biologists, inc. was hopeful of being awarded the entire bid ,Induaiv. e of all items although ~ ware aware that the bid ¢~3uld be split at the city's discretion, Secondly, we currently have no employees that currently po~mas the natural areas lic,,nse that the City would prefer tO treat the atonecrop basin area. Ot~' weffend spectallat who poeaa~d the natural- areas license has recentty left our c¢~npeny f.o work for an environmental consulting company and our ~her wetland apec~dista am curtetYdy obtaining the necessary licenses. Although we are currently extremely buSy with other projects at this time, Aquatic Biologists, thC. is fully prepared to honor our bid if our withdrew request affects the city of Sebastian in any negative way, However, it has been decided that it woutd be in our beat mterest to w~thdraw at this time if there are no objections from the city of Sebastian. Aquatic Biologists, Inc. appreciates the oppollunity to bid on this project and hope to continue a professional woridng relationship with the city of Sebastian. We would be happy to bid or work with the city on any future projects. If you have any questiona or comments, please contact myself or Aaron Church at (407) 830-1052. president ~-~.'~ ? -, HOME 0~' PE.L[CAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Te~-n~e Agenda No. f~. ;.~/~ Department Origin: ~Department Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: 10/18/04 For Agenda of: 10/27/04 Exhibits: Purchase requisition AMOUNT BUDGETED: $117,665.00EXPENDITURE REQUIRED: $157,500.00 APPROPRIATION REQUIRED: none SUMMARY The Police Department has selected the appropriate vehicle package. The purchase of these (5) marked vehicles has been approved in the fiscal 04-05 Capitol Budget. We are requesting authorization to order these vehicles ASAP. By placing an early order we expect delivery and operational use projected as January or February 05. Placing these vehicles into service as soon as possible will reduce usage on the older units and is expected to reduce overall maintenance costs. This request does not cover all budgeted costs associated with the vehicles. These vehicles were selected t~om the Florida Sheriff's Association Bid Award for 2004/05. Contract number 04~12-0823. Copies of the Bid Award announcement are attached. RECOMMENDED ACTION 2QO5 Move to authorize the purchase of five~Ford Crown Victoria Patrol Vehicles from Dural Ford at a cost orS117,665.00 in accordance with the Florida Sheriff's Association Bid Award. EMERGENCY PURCHASE DATE REQUIRED: DATE SUBMITTED: CITY OF SEBASTIAN 1225 Main Street Sebastian, FL 32958 PURCHASE REQUISITION ROUTING 1. Department POLICE 6. Work/Job# 2. Individual Requesting CAPT. pT SCHER 7. Project ID# Department Head (approval) 8. Account fi 4. Final Approval 5. Disapproved (return to requester) 010043 For Finance Office Use Only Funds Available Funds Not-Available Budgeted Not Budgeted 606400 9. Purchase Order fl 10. Stock Item 17. Immediate Use NAME DUVAL FORD SUGGESTED VENDOR w~m~@~-~ifnr6 cnn NELSON EASON PX 904-388-2144 ADDRESS P.O.BOX 7687 CITY JACKSONVILLE FAX 904-387-6816 STATE FL ZIP 32238 FORD CROWN VICTORIA SPECIFiCATiON #1 POLICE PACKAGE-4DR (P714720A) W-MiTE (ADD OPTIONS) 45C L2MiTED SHIP. i57 R/DOOR LOCKS & HAArDLES iNOP. RSF P~AIN SHIELDS FLA~NGE STYLE 5lA L/H PiLLAR F~OUNT 6" SPO~2GF~ W-HELEN LIBERTY PACKAGE R&L S£R~N & & SPEAILER BRACKET GSP 60 COP~NER STROBE KiT RTS-PG REAR TRANSPORT P2200 LEXAN CAGE FiN CODE (CONTRACT )823) FIN CODE 5 ~18,758.0[ ,790,0( 5 125.00 625.00 5 25.00 125.00 5 175.00 875.00 (~OGEN) 5 1R0.00 950.00 SPE~iKER 5 13,975.0 5 $000 5 .00 ;1,975.00 495.00 ~2,475.00 575.00 ;2,875.00 ,533.00;117,665. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Purchase of Police Vehicles ~ Manager Agenda No. 0/~ ~t 5 Department Origin: POLIC~ ~ Purchasing/Contractin~g: I'--~'~ City Attorney: City Clerk~ Date Submitted: October 19, 2004 For Agenda of: October 27, 2004 Exhibits: Florida Sheriffs Association Bid Document EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $50,930.25 $51,000.00 REQUIRED: SUMMARY The Police Depmiment requests to purchase the following vehicles: Three (3) 2004 Chevy Impalas, to replace two (2) Detective vehicles and add a third to be assigned to the Detective Sergeant who is currently driving a patrol equipped traffic unit. These vehicles will be assigned to the Detective Division. There are no 2004 State Contract Vehicles remaining, so a Government Price Concession was given on three in stock vehicles to bring them in line with the Florida Sheriffs Association Bid Award for the year 2004. Copies of bid quotes attached. Total for the three (3) unmarked vehicles $50,930.25. RECOMMENDED ACTION Move to authorize the purchase of three (3) 2004 Chevy Impalas, with associated mule-ias from Alan Jay Automotive Network at a total cost of $50,930.25. ALAN JAY CORPORATE 863 402 4221 10/15 '04 07:11 N0,372 01/03 Call s ~rst, for a~l of your Fl;et A=tomoave, & l.~g~ Track re;ds. PHON~ (800) AL~¥JAY (252~6529) ~ .,_~l~ ;t~03 U.$, 2'/$~utb Sabring, FL 3.38'71} i DIm,:.'t ~63-4~..4234 IMoblte QUICK QUOTE SHEET FOR VEI'.IICLE$ 'FROM STAI~, CONTRACT & FLOP,.~A SI,']EAIFF8 A$SOL-ZATION BID DATE l~OOt-04 REQUES'i'INGAGENOY: CONTAC'I'PERSON: PHONE NUMBER: FAX NUMBER: MODEL: OPTION # R6D CSP60 DE$CRI*PTION COST GOVERNMENT PRICE OONgE$SION ~$5,60o.00) 60 WATt- 4 C~)RNER STROBES $395,00 WHELEN SINGLE UNIT ${REN CONTROL $833,00 W/8.A$14P t00W 1P..3db SPEAKER TOTAL OF OPTIONS: ($4r272,O0i EXTENDED WARRANTY: TOTAL COAT: Sl 7~77,01 ! appreciate tl~e oppoetun~, to subn?tt thl$ auotetion Plee~e review # carefully, if ~em am any errors or changes plea~o feel frae to~onPAat meat anytime, I will be t?el~oytoa~iet you. Commerf~; ,~EE ATTACHED BHErf' FOR VI!!HICLE DETAIL ALAfl dAY 4~HEVROLET OLO~MOBILE CADILLAC, ~IC. FEID ~,~0211 ~ A~ ~Y PON~ BUICK ~ fNC. ~D ~ ~ ~NdAY~POR~INC. ~A A~NJAYT~OTA FEID$~3~6 VEHICLE QUOTED BY: ~ W'tl~on: Fleet Matu~ 865-402.423z '1 War~t to De Y'ob'r Fleet Pfovtaer" ALAN JAY CORPORATE ~3 402 4221 10/18 '04 15:13 NO.40~ 02/03 PI]ON.~ Cs~) AL4NJAT (25~.~$gP) WWW. ALANJAY, COM QUICK QUOTE SI-W ET I:~OR VI~I1CL~3 FROM STATE CONTP. ACT& FLORIDA $~$ ASSOCIATION BID DATE REOUEb'"I'INGAQENCY: CONTACT PER6ON: PHONE NUMBER: F~NUMBER; OPTION # DF.,~CFUPTION COST ,13Q'v'ERNMENT PRICE CONSF~$iON ~ WATT 4 COMNE~ ~.'T'MOBE~. WHELEN 81NGI~E UNIT I~IREN CONTROl. W/$A,31&P i00W 1~ ,SI~EAKER 1996 CHEVY MALIBU 1G 1ND,52MSWY1 (~1,100.00~ TOTAL OF OIl"ION6: EXTENDED WARRANTY: TOTAL COST: f~e to contact me at any ~Ime, I w/I/ be happy ~o a~t y~, ~mmem~: ,~EE AI'TAOHED ~,I-IEEr FOR VBHIOLE DE'~AIL, dAY I~IBV ROI. ET Of.[~M~LE CAI:31 ~.AO. IflG, ~D ~11~ JAY IM~G, lNG, ~A ~ JAY TOYOTA ~ ~ ~ ALAN JAY CORPORATE 863 402 4221 10/18 '04 15:13 N0.408 03/0~ QUICK QUOTE SHEET FOR V~I~C[,E$ FROM STATE CONTRAC~ & FLORIDA DATE t8.~.~ PAGE I of 1 REQUESTING AGENOY: C~ PHONE NUMBER; MODEL' R6D DESCRIPTIOI~ ,,G, OVERNMENT PRICE CONSE~810N ,60 WA'~t' 4 CORN~-JR STROBES WHELEN SINGLE UN~' SIREN [;ON~ROL W,~AB14P ~ l~b SPIKER 1~8 FORD TAURUS ~ 1 F~U~Al~517 TOTAL OF OPTIONS: EXTENDED WARRANTY: TOTAL COST: COST ~ to ~ me at any ~me, I ~1/ ~ hazy ~ ee~ ~, Comme~ 6EE A~ED 8HE~ ~R VEHICLE D~NL ALAN ,JAY CHEVROLET OLD~OBILI~ CADII.LAC~ INC, ALAN ,JAY PONTIAC BUICK GMC, I1~ FEtD · 'l~.M~ JAY IMI~IRT~ INC. D~B(A AL.JIll JAy TOYOT& ALAN dAY GflRY~LER Pt. YMOUTH JEEP, INC. FEID QUOTED sY: (:3~ri~ WiJsont t:leet Mm~r, MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Rehabilitation of Taxiway "A" and construction of Aircraft Parking Apron. ~/~l~roved for Sub~ttal by: Agenda No. O~,Oq7 Department: Department Head: Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Airport Date Submitted: 10/19/2004 For Agenda of: 10/27/2004 Exhibits: (1) - Bid Tabulations EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $1,225,708.14 $ 1,442,654.00 REQUIRED: $0 SUMMARY In August of 2004, the City of Sebastian accepted a grant agreement from the Federal Aviation Administration (FAA) for both rehabilitating Taxiway 'A', which hms north and south on the western side of the airport, and constructing an aircraft-parking apron near our new Admimstration Facility. As you may recall, sealed bids were opened on August 4th, 2004, with the lowest proposal being over the anticipated cost. After extensive review by City staff, The LPA Group, and the FAA, it was determined that the figures were in line with other bids received statewide. The FAA graciously increased our grant award to cover the difference and funded the entire project for this fiscal year. The previous arrangement had been for us to dedicate two years of future funding for the project. Additionally, as evident in the attached bid tabulations, both The LPA Group and City staff were able to value engineer some line items in the proposal resulting in nearly $50,000 in savings in Dickerson Florida's bid (the low bidder). Though both bids were reevaluated in exactly the same manner, savings are not realized in the higher bid because that proposing firm had submitted different prices for their line items. Based on the above-referenced evaluations, Dickerson Florida's proposal now totals $1,225,708.14, whereas 2.5% ($30,642.71) will be funded from airport revenues, 2.5% will be funded by the Florida Department of Transportation (FDOT), and the remaining 95% will come from the FAA. Finally, earlier this year Council accepted a grant agreement from FDOT for $25,000, representing what was then 2.5% of the total cost for this project. Since that cost has now been increased and the FAA has also increased their contribution, FDOT will be awarding additional funding to maintain their 2.5% match. This will be brought before you in an upcoming, regularly scheduled meeting for your consideration. Airport staffwill be available during your October 27, 2004 regularly scheduled meeting to answer any questions you may have. RECOMMENDATION Move to authorize contract award to low bidder Dickerson Florida, Inc. to rehabilitate Taxiway 'A' and Construct Administration Building Apron in the amount of $1,225,708.14. October 19, 2004 Mr. Jason Milewski, C.M. Airport Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Sebastian Municipal Airport Rehabilitate Taxiway A/Construct Admin Apron FAA AlP No. 3-12-0145-004-2003 Bid Review and Recommendation Dear Mr. Milewski: THE LPA GROUP INCORPORATED and has reviewed the bid prices submitted on 04-Aug-04 by the Contractors for the subject project. Copies of the bids were obtained on that day. Bids were received that day from two contractors, Dickemon Florida, Inc. and Community Asphalt, Inc. Because the bids as submitted were higher than anticipated, value engineering took place after the bids were opened. The value engineering consisted of the following activities: Deletion of the PIPE LINER (REFURBISH PIPE) item. Increase in 29" x 45" E.R.C. PIPE quantity The value engineering resulted in substantial savings to the project, and using the revised quantities, the following table was generated to compare the two bids based on the unit prices submitted by both of the Comractors. ITEM Base Bid: Rehabilitate Taxiway A/Construct Admin Apron Alternate 1: Rehabilitate Taxiway A (~ 29+00 to 41+00) Totals: Dickerson Community $980,916.72 $1,085,044.10 $244,791.42 $338,614.50 :$l,225,708.14 $!,423,658.60 Overall, the bids look appropriate for this type of work. Based on the value engineered bid examination, we recommend award of Base Bid and Alternate I to Diekerson Florida, Inc. for the amount listed in the above table, pending successful review and concurrence with the City Attorney and General Services Administrator. Should you need anything further, please do not hesitate to ask. Sincerely, ~ ~ ~J~UP ~RPORATED cc: Mohsen Mohammadi, LPA Rob Hambrecht, E.I.T., LPA File (TA412016.3a) Mr. Jason Milewski, Page 2, October 19, 2004 HOM~ OF P.r~c./~ ISLAND City of Sebastian, Florida Subject: Resolution No. R-04-46 Vacation of Easement - Follot Lots 1 & 2, Block 6, Sebastian Highlands Unit 1 Deparm~ent Origin: Growth Manag,c~,~ Purchasing/Contracting:. Finance Director: City Attorney: ('~ City Clerk: ~,~ ~ Date Submitted: 10/20/04 For Agenda of: 10/27/04 Exhibits: 1) R-04-46 2) Site Map 3) StaffReport 4) Application 5) Utility Letters EXPENDITURE AIvlOUNT BUDGETED: APPROPRIATION REQUIRED: None None REQUIRED: None SUM]VIARY This is a request for a vacation of the side public utility and drainage easements located on the northern (5) feet of Lot 1 and the southern five (5) feet of Lot 2, Block 6, Sebastian Highlands Unit 1,422 Kumquat Avenue, less the eastern most ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. This request does not abandon any part of the rear 10' drainage easement. RECOMMENDED ACTION Make a motion to adopt Resolution No. R-0446. RESOLUTION NO. R-04-46 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 6, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS FIEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WI-IEREAS, a building permit is sought for construction of a new single-family residence at 422 Kumquat Avenue within the City of Sebastian; and WHEREAS, the owners of the land upon which said improvements shall be built 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 TI-IE COUNCIL OF TI-IE 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 northern five (5) feet of Lot 1 and the southern five (5) feet of Lot 2, less the eastern most ten (10) feet thereof, all being in Block 6, Sebastian Highlands Urfit 1, as recorded in Plat Book 5, Pages 14 and 15 of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. conflict herewith are hereby repealed. Seetion 3. RECORDING. records of Indian River County, Florida. Section 4. EFFECTIVE DATE. immediately upon its adoption. All resolutions or parts of resolutions in This resolution shall be recorded in the public This resolution shall take effect The foregoing Resolution was moved for adoption by The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Nathan McCollum Vice Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Moniex Councilmember Michael Hepinstall The Mayor thereupon declared this Resolution duly passed and adopted this day of ., 2004. CITY OF SEBASTIAN, FLORIDA Councilmember By: Nathan McCollum, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney LOT jl LOT 23 BLOCK 6 BLOCK 6 ~. BLOCK 6 A=3g, R= 25.00' ~ '~ ?KUMQUAT AVENUE LOT24 BLOCK LOT 25 BLOCK 6 BOUNDARY SURVEY CERTIFIED TO: ANDRE FOLLOT, JR, ~ndJEAN A. FO~LOT ORIGINAL PalSIED SEAL OF A FLORIDA UCENS[D 5UR~YOR AND MAPPER. FIELD BOOK 61:~4] ~SHEET~ .~F:~ ABANDONMENT OF EASEMF NT Staff Report Project Name: Requested Action: Residence for J. Andre & Susan Follot Abandonment of the side public utility and drainage easements located on the northern five (5) feet of Lot 1 and the southern five (5) feet of Lot 2, Block 6, Sebastian Highlands Unit 1, less the eastern most ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 422 Kumquat Avenue Lots 1 & 2, Block 6, Sebastian Highlands Unit 1 J. Andre & Susan Follot 729 Periwinkle Drive Sebastian, Florida 32958 MGB Construction, Inc. 945 Sebastian Boulevard, #3 Sebastian, Flor/da 32958 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the side public utility and drainage easements platted on the northern five (5) feet of Lot 1 and the southern five (5) feet of Lot 2, Block 6, Sebastian Highlands Unit 1, tess the eastern most ten (10) feet thereof, The clients wish to construct a single family dwelling on a double lot. o b. Zoning: RS- 10 c. Future Land Use: LDR d. Existing Land Use: Vacant Utilities Comments: a. Florida Power & Light: verbal b. Bellsouth: approved c. Comcast Cable: approved d. Indian River County Utilities: approved e. City Engineer (drainage): approved, with condition Growth Management Department Comments: The Engineering Department will with work with the homeowner & contractor regarding required specifications for piping the ditch. Staff Recommendation: Approve Resolution R-04-46, Prepared by Permit Application Na. City of Sebastian Development Order Application Applicant (ff not owner~ written auffiortzation (notarized) from owner is mquim,~) Name: J. Andre Follot, Jr. arid Susan M. Follot ~dr~s: 729 Periwinkle Drive; Sebastian, FL 32958 Phone Numbec (772) 388 ' 2707 FAX Numben ( ) E-Mall: Owner (If different from applicant) Name: same Phone Nurnben ( ) FAX Num~. ( ) E-Mail: J Type of permit or action requested: Aba n don ment of P, U. &D. E. between Lot 1 Block 6 Unit 1 and Lot 2 Block 6 Unit I ~ha~tian Hi_nhland,~ PLEAeE COMPLETE ONLY THOaE 8ECTIOHS ~q. IICH ARE N EC~ESSAI~Y FOR ?HE PERMIT OR Ac'noN 't~'r YOU ARE R~QUF~NQ. COPIES OF ALL MAPS, SURVEYS, DRAWINQa, ETC. SHALL BE ATTACHED AND 81/2' BY 11 · COPIE~ OF ANY AI'FACHIdENT~ SHALL SE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMA'I1ON FORM, IA. Pmject'a Name (ifappltcal:~le): Follot B. Site Information ~t_r,~: ...l.l~fk'd'yal Palm Street Lot: 1&2 BI~ 6 ~i~ Citation: RS ~ng ~: vacant land Unit:. 1 Subdivision: Sebastian Highlands 31-38-01-00002-0060-00001.0 and -00002.0 Futura Land Use: single family residence Proposed Use: single family residence nec~T~ry): abandonment of P.U.&D.E. between Lots I & 2 Block 6 Unit 1 Sebastian if. Highlands for construction of SF house over the lot line DATE RECEIVED: FEE PAID: $ ~2~¢'~ ,Od~ RECEIVED ~ N~me: DM Nanlle: William Rallough 945 Sebastian Blvd.; Sebastian, FL 32958 P,'~o,~e Number. ( ) 589-'7472 FAX Nui~ber; ( E-Mail: ) 589'-0663 Phone Number:. ( ) FAX Nui~b~. ( E-Mall: Na~.~; Ron Keller US 1 Sebastian, FL 32958 Phone Num~ ( ) 589-~712 E-Mall: FAX Number. ( ) 589'-6469 Surveyor:. Cecrle Land Surve¥in~l, Inc 10749 US 1 Suite A; Sebastian, FL 32958 Photle Nu~b~F. ( ) 388-(~520 FAX Ni~-fibei': ( E-Mall: ) 388-'0520 ~ ' ' J ~~ The following Is required for all comprehensivs plsu nmendments~ zoning amendment (Including rezoning), nlt~ plaus, condltlsnnl use pcnnit~, specisl uss permlt~ variances, exoeptlous, end appeals. / I/~E, ~'/THE OWNER(8) -- THE LEQAL REPR~ENTATNE OF' THE OWNER OF THE PROPERTY DESCRIBED WHICH LS THE SU~EC'r OF TH~S AaPUC~'nON, HENRY ~ EACH AND EV~Y MEMBER OF ~IE ~ ~ORRD/COadM,~ION OF TIlE CITY OF SEBASTIAN (THE 'BOARO'/'COMMI~ION'~ TO PHYSICALLY EN1TaR UPON THE PROPER'fl AND VlEW THE PROPERTY IN GONNECllON WiTH MY/OUR PENDING APPUOAI'ION. ~ HEREBY WAIVE ANY OBJE. CTtON OR DEFEI~ I/WE MAY HAVE, hUE TO THE QUA-.~-JUDICIAL NATURE OF THE PROCEEDING8, RESULTING FROM ANY' ~:}ARD/~.,OldblI.~IDN MEMBER F.~rERING OR VlEW1NG THE PROPERTY, INCLUO~NG ANY CLAIM OR ASSERTION THAT MY/OUR PRO~iDURAL OR 8UBS'TANTI'~ DUE PNOCEII~ RIGH'r~ UNDER THE FLORIDA COla~TITUTION OR THE UN[TED ~'~'rA'r;J ~:~'q a ~ i i u'TION V~RE VIOLKTED BY ~UCH ENTF. RINQ OR VIEWINg. THI~ WANER AND ~ONSENT 16 BEING 81GNE~ BY ~ ~LU~ARILY ~O NOT ~ A REE~T ~ ~ ~N APPU~, OR ~ ~ DA~ / ' ~o ~ ~1~ ~ to me or ~u~ ~ Pd~ ~me of ~ Comml~n No~on ~al: Pem',t Application No, Supplemental Information Easements, vacation of Describe the easement to be vacated (provide · legal clesa*ip~on, ~ po~lble): 5' P.U. & D,E. on South side of Lot 2 Block 6 Unit 1 Sebastian Highlands 5' PiU. & D.E. on North side of Lot 1 Block 6,,Unit 1 Sebastian Highlands Why is this v~catton of an e-sament beir~ request? .... Construction of a single family house over the two property lines I . Attach · eurvey showing the location of the property lines, ~ll easements and all · m.'c~ums on the property. 10/14/2004 13:54 1501589~209 CITY OF SEBASTIAN CITY O~TIAN PAGE 01 REOI~T 1~O1~ A~ANDOI~MI~T OF Ocm~r 4, ~e n~h~ ~vc (S) ~ of Se~ian Htshl~~ U~t 1, ~ 422 Kmq~ Av~u~ ' - '/, ,. A~ ~ ._ ~ to; Dorrj Boswort~, City of Sebasti~rl, Fax No. (77~) ~89-25~. Orow~ ~'v~m~m~r Dep,m~ ?725892566 10/04/2004 16:21 7725892566 CITY OF SEBASTIAN PAGE 81702 1225 MAIN STREET · SEBASTIAN, FLORIDA 329.58 TELEPHONE {772) 589-5518 '," *FAX (772) $89-2566 REQUEST FOR ABANDOZ',E/~Ei'~r OF EASEMENT October 4, 2004 Description of Easement to be abandoned: The public utility and drainage eas=mcnt located on the northern five (5) feet of Lot 1 and the southern five (5) feet of Lot 2, Block 6 Sebastian Highlands Unit 1, less the eastern most ten (10) feet thereof. Location ~ of Easement: Kumquat Avenue, Sebastian, Florida 'UTILITY: Kirk Wa~el', Bell South FAX NO: 772466-5651 APPROVED/DE2qlED BY: COMMENTS: Return to: Dorri Bosworth, City of Sebastian, Growth Management D,partment Fax No. (772) 589-2566. HO,MI OF PELICAN 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 · FAX (772) 589-2566 REQUEST FOR ABANDONMENT OF EASEMENT October 4, 2004 Description of Easement to be abandoned: The public utility and drainage easement located on the northern five (5) feet of Lot 1 and the southern five (5) feet of Lot 2, Block 6, Sebastian Highlands Unit 1, less the eastern most ten (10) feet thereof. Location of Easement: 422 Kumquat Avenue, Sebastian, Florida UTILITY: Armalig~,M~jan, FPL APPROVED: DENIED: APPROVED/DENIED BY: q~ ~ (~.~signat~ FAX NO: (772) 489-6224 DATE: COMMENT S: Return to: Dorri Bosworth, City of Sebastian, Growth Management Depm tment Fax No. (772) 589-2566. Oct OS 04 OB:40a Indian River Utilities ??2 770 S143 p.1 122~MAIN ~TREET .e $[~6ASTIAN, FLORIDA 32~'..~8 TELEPHONE (772) ~9o~18. FAX [7~2) ~8~-2.~66 REOUEST FOR ABANDONMENT OF EASEMENT October 4, 2004 422 K~mq~s~ Avenue, FAX NO: 'F/~.5143 COMMH~TS: KeAurn to: Dorri Bosworlh, City of'Sebastian, Orowth Management Departmcnt Fax NO, (772) 589-2566. OCT Ij ~ 2004 I IF ~E I~AST ~ ~lq PAG~ 0i/82 I:LOR;DA 329~8 [772) ,$89-2566 !~rl~*U. on of Raeemen! to i~e :tbnndo#ed: ~ .t'tili~ and ~na~e nnsemcnt located thc northern five (5) ~eC of Lot I wo~ the f five (5) feet of Lot 2, Block $¢bastiar~ Hi~tfl~d~ U~it. I ' l~s~ th~ east~'m re°sitm cl O> f'et th~°f' to: Dorri Boswonh, City of Sobami~m, Orowt~ No, (V?2) >le I~AX NO: 778.9635 HO~ OF Wr. LICAN ISLAND City of Sebastian, Florida Subject: Sebastian River Landings Phase II - Preliminary Plat PUD Development Plan approval. Ap or i ~' City M~ggr~ Agenda No. Finance Director: City Attorney: City Clerk: Date Submitted: October 19, 2004 For Agenda of: October 27, 2004 Exhibits: Preliminary Plat/Development Plma, R-04-41, StaffReport, Application, P&Z Minutes. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUM2~ARY The proposed Sebastian River Landings Phase II is an addition to the 67-acre Phase I lying immediately north of the subject property. The recently annexed parcel is currently zoned PUD-R with a Low Density Residential (/.,DR) land use classification. The Sebastian River Landings 11 proposal includes a total of 189 single-family units on 62.83 acres, thus creating a density of 3.00 un/ts/acre. The design incorporates maximum preservation of operffcommen areas, while incorporating the necessary roadway network and drainage system. The stormwater lakes are mainly located within the interior of the subdivision, affording a large number of waterfront lots within the community. Additionally, there is a preservation tract along the most of the north side of the project lying adjacent to the Lateral D Canal and the St. Sebastian River. The proposed development will be connected to public water and sanitary sewer as well. Access will be accomplished via a driveway connection to Phase I ult/mately providing access to CR 510 and CR 512. The Planning and Zoning Co~muission reviewed said request during a public hearing held on July 27, 2004, in which they forwarded a reconunendation favoring approval. As such, staff recommends approval of the Sebastian River Landings Phase II PUD plat as detailed within the enclosed plans drawn by Mosby and Associates, Inc., conditioned upon compliance with stipulations outlined within the attached staff report dated 10/19/2004. Sebastian River Landings Phase II Conceptual Development Plan approval was received l~om City Council on 01/28/2004. Conduct quasi-judicial public hearing. "Move to pass Resolution R-04-41." RECOMMENDED ACTION RESOLUTION NO. R-04-41 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING ~ PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS SEBASTIAN RIVER LANDINGS PHASE H; PROVIDING FOR CONFLICTS I:rF, REWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Sebastian River Landings, LLC has filed an application for approval of a preliminary plat and preliminary development plan for a Planned Unit Development known as Sebastian River Landings Phase II; and Wme, REAS, said development plan and plat comply with applicable State and City codes and regulations; NOW Tm~.REFORE, BE IT RESOLVED BY THE COUNCIL OF ~ CITY OF SEBASTIAN, as follows: Section 1. PRELIMINARY APPROVAL. The City Council of the City of Sebastian does hereby approve the preliminary plat and development plan for Sebastian River Landings Phase II prepared by Bruce Moia, PE, dated February 2003, as maintained on file with the City Growth Management Department, subject to the following conditions being met by the final platting: a. A minimum of 31.41 acres of open space shall be provided. b. Cul-de-sac width shall be minimum of 112 feet in diameter with pavement (including mountable curb) of at least 100 feet diameter. c. Fire hydrant shall be relocated between Lots 300 and 301. d. Turning radius shall be 35 feet inside and 55 feet outside utilizing full pavement width. e. Secondary emergency access shall be provided to the south at the time the adjacent property develops. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. its adoption. This resolution shall take effect immediately 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 Nathan B. MeCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Hepfinstall The Mayor thereupon declared this Resolution duly passed and adopted this 27t~ day of October, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Sebastian River Landings Growth Management Department Preliminary Development Plan Planned Unit Development Approval Application Staff Report 1. Project Name: Sebastian River Landings Phase ii. 2. Requested Action: PUD Preliminary Development Plan Approval. Project Location Address: East of CR 510 and west of the Sebastian River, south of Sebastian River Landings and Lateral D canal. b. Legal: Indian River County Parcel Number: 31-38-26-00000-3000-00004.0 31-38-26-00000-3000-00005.0 4, Project Owner: Sebastian River Landings, L.L.C. 1688 W. Hibiscus Blvd. Melbourne, Florida 32901 (321) 953-3300 fax: 321- 984-2890 5. Project Agent: Mr. Timothy Jelus, Sebastian River Landings, L.LC. Project Engineer: Bruce Moia, P.E. Mosby & Associates, Inc. 2455 14th Avenue Vero Beach, Florida 32960 772-569-0035 fax: 772-778-3617 Project Surveyor: William Mott Land Surveying, Inc. 1275 S. Patrick Ddve, Suite H Satellite Beach, Flodda 32937 321-773-4323 fax: 321-777-4-795 8, Project Description Narrative of proposed action: The proposed Sebastian River Landings Phase I1 is an addition to the 67-acre Phase I lying immediately north of the subject property. The recently annexed parcel is currently zoned PUD-R with a Low Density Residential (LDR) land use classification. The Sebastian River Landings It proposal includes a total of 189 single-family units on 62.83 acres, thus creating a density of 3.00 units/acre. The design incorporates maximum preservation of open/common areas, while incorporating the necessary roadway network and drainage system. The stormwater lakes are mainly located within the interior of the subdivision, affording a large number of waterfront lots within the community. Additionally, there is a preservation tract along the most of the north side of the project lying adjacent to the Lateral D Canal and the St. Sebastian River. The proposed development will be connected to public water and sanitary sewer as well. Access will be accomplished via a ddveway connection to Phase I ultimately providing access to CR 510 and CR 512. Current Zoning: PUD-R Site Characteristics (1) Total Acreage: 62.83 acres (2) Current Land Use(s): Citrus Grove (3) Soil: Electra, Riviera, Wabasso (4) Vegetation: Citrus Trees (5) Flood Hazard: (6) Water Service: Zone A, Zone X Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: (9) Police/Fire: North County park - ¼ mile Preliminary Development Plan criteria a. b. Sebastian Police - 4 miles Indian River Fire - 2 miles Compliance with subdivision regulations. Yes Compliance with zoning regulations, yes (1) Modified building setbacks. (a) Privacy: provided (b) Light and air: provided (c) Use: provided 2 10. (d) Building Configuration: provided (e) Fire exposure: provided (2) Required perimeter building setback: provided (3) Modification in minimum lot size in single-family district. (a) Design: provided - the developer proposes lots ranging in size from 55 x 120 to 75 x 120, which is a departure from the standard Sebastian Highlands lot of 80 x 125, but consistent with direction provided by City Council. (b) Use of open space: provided - public space surrounding retention lakes; and a community recreation tract proposed. (c) Compliance with other preliminary development plan requirements: provided Contents of Preliminary Development Plan: a. Written material: (1) Development schedule: provided Start Date Under Construction December 2004 Phase Phase I Phase II (2) Quantitative data. (a) (c) (d) Total number of dwelling units by type: 189 - single-family homes. Total parcel size: 62.83 acres Proposed lot or building site coverage by buildings and structures: provided - see attached preliminary development plan. Proposed lot or building coverage by impervious surfaces, other than buildings and structures: provided - see attached preliminary development plan. 3 (4) (e) Residential Density 3.00 units/acre (f) Proposed amount of open space: total open space = 30.64 acres = 48.77% Total open space shall be a minimum of 50% as required per land development regulations. Therefore, subject plans shall be modified to reflect a minimum of 31.41-acres of open space. (g) Proposed amount of public lands including all dedicated rights-of.way, easements, and other lands dedicated for public facilities and services: 4.09 acres Updated Environmental impact statement: Public facilities impact statement: No development is proposed within the Sebastian River Backwater limits. No other significant environmentally sensitive areas exist within the project boundaries. The site exists as an abandoned citrus grove. (a) Quantity of wastewater generated; provided typical usage is 250 GPD/unit (189) = 47,250 GPD. (b) Description of proposed recreational facilities; Tract H in Phase I will include a clubhouse, pool, tennis courts and playground, which will be available for use by Phase II residents. Quantity of potable water required; provided typical usage is 250 GPD/unit (189) = 47,250 GPD. {Il) (d) Estimated number of school age children expected within the development; 189 units @ 2.5 persons/unit = 473 persons 473 persons @ 12% school age = 57 school age children. 4 (e) Estimated property tax and/or sales tax revenue generated by the project by phase; and Residential: $378,000 per year Any other positive or negative public facility impact. In addition, the statement shall also include all public facilities impact information that may be submitted as part of the Development of Regional Impact (DRI) review process, as applicable, none. (5) Additional information: none Graphic element of development plan. (1) Plat and site plan. (a) Proposed name of the PUD, title of map, name of city, and description of section, township and range. provided (b) Name and address of record owners, applicant, and person preparing preliminary development plan. provided (c) The locations and names of abutting subdivisions and the names of owners of record of adjacent acreage. provided (d) Date, north arrow and graphic scale acceptable to the city engineer, provided (e) Legal description and survey of the proposed PUD boundaries made and certified by a Florida registered land surveyor, provided (f) Proposed lot or building site lines with dimensions, setbacks, and landscaped yards. Location and floor area size of all existing and proposed buildings, structures and other improvements. Designation of all dwelling unit types and number of units. Net residential density calculations. Plans for nonresidential uses shall include the square footage allocated to each respective use. Provided on submitted survey. 5 (g) (h) O) (k) (m) (n) Any desired changes from the underlying zoning regulations, and the boundaries of underlying zoning districts. N/A Location, name and dimensions of all existing and proposed dedicated public lands and the conditions of such dedication, provided The width and location of any street or other public way shown upon the comprehensive plan within the PUD and the proposed width, location and grade of all streets or other public ways proposed by the applicant, provided Location of closest available city water supply system and proposed preliminary design for water service improvements, including proposed level of service, general location of facility improvements, and schematic drawings as required by the city engineer. The final construction drawing shall not be required prior to preliminary plan approval, but shall be required prior to commencement of the installation of such improvements, provided Area in square feet of each lot or building site, to be indicated in a rectangle within each lot or building site. Provided Typical cross-sections of proposed streets, sidewalks, canals and ditches and other proposed improvements. Provided - contained within preliminary deveJopment plan. Location of proposed wastewater collection system and proposed preliminary design of wastewater collection improvements, including proposed location of improvements, level of service proposed, and schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such facilities, provided Location of proposed improvements for collecting and discharging surface drainage and the preliminary design of such facilities, including the proposed level of service, and schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be submitted prior to commencing the installation of such facilities, provided (o) Location and preliminary design of proposed bridges or culverts which may be required, including the type of facility and general level of service as well as schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such improvements, provided (p) Proposed locations and preliminary designs for sidewalks, curbs, storm drainage facilities, water mains, sanitary sewers, fire hydrants, and flow facilities, provided (q) Location and width of proposed permanent utility easements. The easements shall provide satisfactory access to existing rights-of-way or other open space shown upon the tentative PUD plat. Permanent drainage easements shall also be shown, provided (r) Where the tentative PUD plat covers only a part of contiguous rear property owned by the applicant, a master phasing plan shall also be required unless the application certifies that the remaining real property shall be developed independently of the proposed PUD plat. N/A (s) The proposed treatment of the perimeter of the PUD plat, including material and techniques used, such as landscape, fences and walls for screening and buffering, provided (2) General appearance. (a) Floor plans and square footage of all multlfamlly and nonresidential buildings and structures: N/A (b) Elevations, sections and/or perspectives: N/A (3) Dedication or reservations of land for public use: provided (4) (S) Vehicular, Pedestrian and bicycle circulation and parking: provided Open space and landscape plan: not provided 7 11. t2. 13. 14. (6) Information concerning adjacent lands. (a) Existing land use: (b) Zoning classification: (c) Circulation system: (c) Density: (e) Public facilities: (d) Unique natural features: 3rovided 3rovided 3rovided 3rovided 3rovided 3mvided Site planreviewstandards: Following comments provided by Indian River County Fire Prevention Bureau: 1. Cul-de-sac width is required to be a minimum of 112 ft. in diameter and a pavement diameter including mountable curb of no less than 100 ft. 2. Secondary emergency access is required for all sites with 100 or more units. (Sebastian code requires secondary access points as well, which will be satisfied when subject property to the south is developed). 3. Turning radius shall be 35 ft inside and 55 ft outside utilizing full pavement width. 4. Relocate hydrant between lots 300 and 301. Other Matters: Analysis: The proposed Sebastian River Landings Phase Il is an addition to the 67-acre Phase I lying immediately north of the subject property. The recently annexed parcel is currentiy zoned PUD-R with a Low Density Residential (LDR) land use classification. The Sebastian River Landings II proposal includes a total of 189 single-family units on 62.83 acres, thus creating a density of 3.00 units/acre. The design incorporates maximum preservation of open/common areas, while incorporating the necessary roadway network and drainage system. The stormwater lakes are mainly located within the interior of the subdivision, affording a large number of waterfront lots within the community. Additionally, there is a preservation tract along most of the north side of the project lying adjacent to the Lateral D Canal and the St. Sebastian River. The proposed development will be connected to public water and sanitary sewer as well. Access will be accomplished via a driveway connection to Phase I ultimately providing access to CR 510 and CR 512. Conclusion: The proposed PUD preliminary development plan is in compliance with the Code of Ordinances, Comprehensive Plan and Land Development Regulations. 15. Recommendation: Staff recommends approval of the Sebastian River Landings phase II subdivision contingent upon the following: Total open space shall be a minimum of 50% as required per land development regulations. Therefore, subject plans shall be modified to reflect a minimum of 31.41-acres of open space~ Construction plans shall reflect compliance with all Fire Prevention Bureau comments as listed in item 11 of this staff report. ~/R~EP~RED BY DATE 9 City of Sebastian Development Order Application Permit Application No Applicant (if not owner, written authorization {notarized) from owner is required) Name: SEBASTIAN RIVER LANDINGS, LLC Address: 1688 W. HIBISCUS BLVD., MELBOURNE, FL 32901 Phone Number: (321) 953-3300 tFax Number: (321) 984-2890 E-Mail: Owner (if different from applicant) Name: Address: Phone Number: ( IFaxNumber: ( ) Type of permit or action requested: PUD - PRELIMINARY DEVELOPMENT PLAN 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" x 1 1" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM, A. Project's Name Cf applicable): SEBASTIAN RIVER LANDINGS - UNIT II B. Site Information Address: SOUTHEAST CORNER OF CR 512 & CR 510 Lot: Block: Unit: Subdivision: SEE LEGAL Indian River County Parcel #: 26-31-38-00000-3000-00004.0, 5.0 Zoning Classification: Future Land Use: Existing Use: REQUESTED, PUD-R VACANT RESIDENTIAL Proposed Use: RESIDENTIAL C, Description of proposed activity and purpose of the requested permit,.or acti,o~n (attach extra sheets if necessary): APPROVAL OF PUD PRELIMINARY DEVeLOPMeNT PLAN FOR A 189 UN T SINGLE-FAMILY RESIDENTIAL DEVELOPMENT. Form CD-2001 Revision: Pa~e 1 of 3 Development Application IAp, j;~r~: 08-27-97 F e Name: DOA 02/25/2004 15:43 ?72778361? MOSBY ASSO0 PAGE 02/05 edt Personnel: MR, BRUCE MOIA, Name: MOSBY & ASSOCIATES, Address: 2455 14TH AVENUE, Phone Number; 77'2 569-0035 VERO BEACH FL 32960 778-3617 E-Mai?._._.~_ Name: Address: Phone Number: ~.._.(.~ E-Mail: ~r: MR. BRUCE MOIA, P.E. ~ ~ Name; ~ MOSBY & ASSOCIATES, INC, Add ress."~'-"~ ~ _________. 2455 14TH_AVENUE VERO BEACH, FL 32960 E-Mail: rax~,~umeer: 772 778-3617 Surv'e or: MR, WILLIAM MOTT ~ Name: ~ __________.WILLIAM MOT? [.AND SURVEY'lNG, INC. Address: ~k~_._ ~,..__I~_275 S. PATRICK DR. SUITE H, SATELLITE BEACH, FL 32937 Phone Numbe~ E-Mail: Fax 777.4795 L MR, TIMOTHy JELUS, BEING FURST DUPLY SWORN, DEPOSE AND ~,y THAT; I AM THE OWNER X At, THE LEGAL REPRESENTA~LVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT M~'~rER OF THIS APPLI~-~ ALL THE INFORMATION, MAPS, DATA, AND/OR SK C E OV~DSD IN THIS APPLI N~URA~'TRUE TO THE BEST OF MY KNOWLEDGE AND BEUEF,E'F H $ PR Sworn to and subscribed before me by "~h9[~ · lU~ Who is perso natl~~r produced ' PRINTED NAME OF NOTARY / COMMISSION NO,IEXPIRATION -- -- 82/25/200d 15:43 7727783617 MOSBY ASSOC PAGE 03/85 The followir~g ia required for all comprehensive plan amendments, zolHng amendments (intct~ding rezorling)~ site plans, condJtiorla I~e PernlJ~, spa=iai tJse pal~rnlts, variances, exceptions, and appeals. I/WE, , THE OWNER(S) X THE LEGAL REPRESENT~,TIVE OF THE OWNER OF THE PROPERTy DESCRIBED WHICH Is THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERy MEMBER OF THE PLANN.rNG & ZONING BOARD/COMMISSION OF THE Ct'FY OF SEBASTIAN (THE BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPER'Pt' AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. i/WE HEREBy WAIVE ANy OBJECTION OR DEFENSE lANE MAy HAVE, DUE TO THE QUASi-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANy BOARD-COMMrsSiON MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT ~'1Y/OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION CT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING, THiS WAIVER AND CONSENT IS BEING SIGNED BY ME/Us VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISEs MADE, BY ANY EMPLOYEE, AGENT, ONTRACTOR OR OFFICIAL OF Who is persona/iv k~___.~to me,ar produced PRINTED NAME OF NOTARy - /~~ ~LMISSION NO,/EXPIRATION - CiTY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING JULY 27, 2OO4 Chairman Smith called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Faille Mr. Mahoney Mr. AIIocco Mr. Keough Chmn. Sm[th Mr. Paul Mr. Seeley Mr. Oakes (a) EXCUSED: Mr. Simmons (a) ALSO PRESENT: ANNOUNCEMENTS: Tracy Hass, Director, Growth Management Department Jan King, Manager, Growth Management Department Susan Lorusso, Secretary Bill Hughes, School Board Representative Councilman Joseph Barczyk Chmn Smith announced that Mr. Simmons is excused. APPROVAL OF MINUTES: 7/15/04 MOTION by Keough/Paul "1 make a motion we approve the minutes of 7/15/04." A voice vote was taken. Motion carried. OLD BUSINESS: NONE NEW BUSINESS: Public Hearing - Recommendation to City Council - Preliminary Plat for a Planned Unit Development - Sebastian River Landing Phase Two - 63.2 Acres Located Directly South of Sebastian River Landings Phase One, East of Sebastian River South Prong, West of CR510 - Proposed Density is 2.99 Units/Acre Chmn Smith opened the public hearing at 7:02 p.m. Timothy Jelus, 1682 W. Hibiscus Blvd., Melbourne, Florida presented the application. This project was redesigned in accordance with recommendations from Planning and Zoning and City Council. It is single-family residential with access from Sebastian River Landing Phase I, which has a PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF JULY 27, 2004 roadway connection at both CR510 and CR512. The CR510 access has been sized to provide access to the commercial property. This will be connected across the Lateral D canal with a bridge structure, which is in the process of being designed and has been reviewed and approved by both St John's River Water Management District and the Corps of Engineers. On site retention is provided and the water will be treated before it is released to the south prong. Trees along the north boundary line will be retained. Mr. Hass added the projec~ consists of 189 units on 62.83 acres, which is at 3 units/acre. Lot sizes are 55' X 120' to 75' X 120' with 7.5' side yard setback. There was discussion regarding the widening of CR510 and added turn lanes from CR512, which the county is working towards. Mr. Seeley was concerned about traffic and possibly adding a fire station to the area. Mr. Hughes asked where buses would pick up students and Mr. Jelus said most likely at the CR510 entrance of Phase I and II. No one from the public spoke in favor or opposition. The hearing was closed at 7:21 p.m. MOTION by Keough/Faille "1 make a motion that we approve to forward to City Council the PUD preliminary development plan approval for Sebastian River Landings Phase I1." ROLL CALL: Mr. Keough yes Mr. AIIocco yes Mr. Seeley · no Mr. Mahoney yes Chmn Smith yes Mr. Faille yes Mr. Paul yes The vote was 6-1. Motion carried. Public Hearing - Recommendation to City Council - Preliminary Plat for a Planned Unity Development - Sebastian Crossings -45.6 Acres Located Directly East of Sebastian River Middle School, North of CR512, West of Fischer Lake Island Subdivision - Proposed Density is 2.91 Units/Acre Chmn Smith opened the hearing at 7:22 p.m. Mr. Mike Evans, 1682 W. Hibiscus Blvd., Melbourne, Florida presented the application. The development is 137 lots with two accesses. One will be coming out at the light at CR510 and CR512 and proceed along a public to the gated entrance of the development. The second access, which comes off CR512 and is awaiting county approvals, will serve the development and two commercial properties. Retention will remain on-site. Mr. Hass added the lots would be 55' X 175' at 2.9 units/acre. The fire department made specific comments regarding this project and they are noted in the staff report and must be addressed by the developer prior to construction plans being approved. Mr. Paul inquired about notification to the Fellsmere Cemetery and if the families of the deceased buried there have also been notified. Mr. Hass said the office of the Cemetery was notified. There was concern about construction and the retention pond causing damage to the cemetery and graves. Mr. Evans assured the board that the retention design had been engineered by a licensed engineering firm and in no way would it disturb the property. He added that if anything were to compromise the cemetery, construction would be halted, proper authorities would be contacted and all regulations H~ OF [~.~C.~N ISL~LND City of Sebastian, Florida Subject: Ashbury Subdivision Preliminary Plat - PUD Development Plan approval. AgendaNo. 0¢. O,~g/ Department Origin: Growth Management.~ Purchasing/Contracting: Finance Director: City Attorney: ~-- City Clerk: Date Submitted: October 19, 2004 ~or Agenda of: October 27, 2004 Exhibits: Preliminary Development Plan/Plat, R-04-42, StaffReport, Application, P&Z Minutes. EXPENDITURE NneAOMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: None None SUMMARY The Coy A. Clark Company filed for preliminary development plan approval for a 56+/- acre tract of land situated along Powerline Road north of Sebastian Elementary School and south of Main Street adjacent to Sebastian Highlands Unit 1. Recent annexation approval was conditioned up6n receiving approval from the Florida Department of Community Affairs concerning the applicants' request for a land use modification to LDR (Low Density 5 units/acre) and con'esponding zoning of PUD-R (Planned Unit Development - Residential). The property is cuncently undeveloped, undisturbed land proposed for development of 195 single-family residential homes, for a density of 3.47 units/acre, well below the 5 units/acre permitted under the LDR designation. The proposed project also includes improving Powerline Road from the subdivisions western access point north approximately 570'+/- to the north properW boundary. In addition, the developer placed funds in escrow for fair share construction of Powerline Road south to Sebastian Boulevard - CR 512.. Pelican Isles lies immediately north, and said project will include knprovements to Powertine from Main Street south to the Ashbury Subdivision. In addition, the primary subdivision access point will be via the proposed extension of South Wimbrow from Sebastian Boulevard on a northwesterly direction to the southeast comer of Ashbury. The Planning and Zoning Conmaission reviewed the preliminary plat during a public hearing held on June 17, 2004, in which they forwarded a reconunendation favoring approval Staff also recommends approval of the Ashbuty Subdivision preliminary development plan/plat as detailed within the enclosed plans drawn by Schulke, Bittle & Stoddard, LLC. Ashbury Conceptual Development Plan approval was received from City Council on 06/02/2004. RECOMMENDED ACTION Conduct quasi-judicial public hearing. "Move to pass Resolution R-0442." RESOLUTION NO. R-04-42 A RESOLUTION OF TifF, CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRE! JMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS ASHBURY SUBDMSION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Coy Clark Company has filed an application for approval ora preliminary plat and preliminary development plan for a Planned Unit Development known as Ashbury Subdivision; and WHEREAS, said development plan and plat comply with applicable State and City codes and regulations; NOW TI:W~REFORE, BE 1T RESOLVED BY THE COUNCIL OF ~ CITY OF SEBASTIAN, as follows: Section 1. PRELIMINARY APPROVAL. The City Council of the City of Sebastian does hereby approve the preliminary plat and development plan for Ashbury Subdivision prepared by Joseph W~ Schulke, PE, dated October 15, 2004, as maintained on file with the City Growth Management Department. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. 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 Couneilmember and, upon being put into a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall The Mayor thereupon declared this Resolution duly passed and adopted this 27th day of October, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney D Growth Management Department Preliminary Development Plan Planned Unit Development Approval Application Staff Report Project Name: Ashbury Subdivision Requested Action: Preliminary Development Plan Approval Project Location a, Address: North of Sebastian Elementary and south of Main Street. b. Legal: Indian River County Parcel Number: 31-39-06~00000-5000-00014,0 31-39-06-00000-5000-00015.0 Project Owner: Snook Properties, LLC 696 Shady Grove Road Coffee Springs, AL 36318-4644 Project Agent: The Coy A. Clark Company cio Schulke, Bittle & Stoddard, LLC. 1140 7th Court, Suite F Vero Beach, Florida 32960 (772) 770-9622 fax: (772) 770-9466 Project Engineer: Same as Agent Project Surveyor: Houston & Bryant Land Surveying 9436 U.S. Highway 1 Sebastian, Florida 32958 (772). 388-8603 fax: (772) 388-8604 Project Description Narrative of proposed action: The Coy A. Clark Company requested a large-scale land use map amendment for a 56+/- acre tract of land situated along Powedine Road north of Sebastian Elementary School and south of Main Street adjacent to Sebastian Highlands Unit 1. The current land use designation for this parcel of land is L-2 (Residential 6units/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). The 1 Coy A. Clark Company is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of PUD- R (Planned Unit Development - Residential). The property is currently undeveloped, undisturbed land proposed for development of 195 single- family residential homes, for a density of 3.47 units/acre, well below the 5 units/acre permitted under the LDR designation or the 6 units/acre currently permitted within the existing L-2 (County) designation. The proposed project also includes improving Powerline Road from the subdivisions western access point north approximately 570'+/- to the north property boundary. Pelican Isles lies immediately north, and said project will include improvements to Powerline from Main Street south to the Ashbury Subdivision. In addition, the primary subdivision access point will be via the proposed extension of South Wimbrow from Sebastian Boulevard on a northwesterly direction to the southeast corner of Ashbury. The developer agreed to a restrictive covenant limiting the subject development to 3.50 units/acre as suggested by City Council during the March 17 Council meeting. b. Current Zoning: PUD-R c. Site Characteristics (1) Total Acreage: 56.25 acres (2) Current Land Use(s): Vacant (3) Soil: Immokalee, Myakka, Pomello (4) Vegetation: Oaks, Palms, Palmettos, Pines (5) Flood Hazard: Zone 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- .5 miles Indian River Fire - 1.5 miles 9. Preliminary Development Plan criteria a. Compliance with subdivision regulations. Yes Compliance with zoning regulations. 2 yes 10¸. Modified building setbacks. (a) Privacy: provided (b) Light and air: provided (c) Use: provided (d) Building Configuration: provided (e) Fire exposure: provided (2) Required perimeter building setback: provided (3) Modification in minimum lot size in single-family district. (a) Design: provided - the developer proposes lots ranging in size from 55 x 110 to 65 x 130, which is a departure from the standard Sebastian Highlands lot of 80 x 125. (b) Use of open space: provided - public space surrounding retention lakes; and a community recreation tract proposed. (c) Compliance with other preliminary development plan requirements: provided Contents of Preliminary Development Plan: a. Written material: (1) Development schedule: provided (2) Phase Phase I Phase II Quantitative data. (a) Start Date June 2003 June 2004 Total number of dwelling units by type: 195 - single-family homes. Total parcel size: 56.25 acres 3 (3) (c) Proposed lot or building site coverage by buildings and structures: provided - see attached preliminary development plan. (d) Proposed lot or building coverage by impervious surfaces, other than buildings and structures: provided - see attached preliminary development plan, (e) Residential Density 2.88 units/acre (f) Proposed amount of open space: recreation tracts lake ama preservation tracts wetland areas other areas = 3.05 acres = 5.63 acres = 6.16 acres = 3.33 acres = 12.7 acres total open space = 33.87 acres = 60.1% Total green area exceeds the 50% minimum required per land development regulations. (g) Proposed amount of public lands including all dedicated rights-of-way, easements, and other lands dedicated for public facilities and services: 10.69 acres = 15.9% Updated Environmental impact statement: The following excerpts are from an Environmental Site Assessment prepared by G. K. Environmental for Coy A. Clark dated May 2003. Three isolated wetlands exist on site. The wetlands have been flagged and verified by the St. Johns River Water Management District (SJRWMD). The wetlands are isolated from waters of the state and should not require an Army coprs of Engineers permit to impact. However, the wetlands area II over .5 acres in size and a SJRWMD permit and mitigation will be required if these wetlands are impacted. Additinally, the SJRWMD will require an upland buffer (15-25 feet to be preserved surrounding the wetland area or mitigated for secondary impacts as a result of loss of buffer. 4 No Florida scrub jays were observed within the project boundaries during the five-day survey of the subject development. No other endangered and/or threatened species or significant and viable associated habitat(s) were observed or appear to exist within the project boundaries, except for the potential existence of the eastern indigo snake. One "Species of Special Concern" exists on the subject site, which is the gopher tortoise. Fifteen (15) gopher tortoise burrows were identified during the site inspections. No inactive burrows were observed. A state regulatory gopher tortoise "Incidental Take" permit will be required prior to permitted land clearing activities. (4) Public facilities impact statement: Ashbury Subdivision 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 (195) 50,875 G.P.D. (b) Description of proposed recreational facilities; Recreation amenities include Children's playground, walking trails through preservation areas, and passive open space amenities. (c) Quantity of potable water required; Potable water will be 250. G.P.D. per unit (195) 50,875 G.P.D. (d) Estimated number of school age children expected within the development: Estimated 2 children per household = 390 children - this figure is based on historical averages. (e) Estimated property tax and/or sales tax revenue generated by the project by phase; and $2,500 per unit x 195 units = $487,500.00 (f) Any other positive or negative public facility impact. In addition, the statement shall also include all public facilities impact information that may be submitted as part of the Development of Regional Impact (DRI) review process, as applicable. Ashbury Subdivision PUD will connect to both public water and sanitary sewer facilities with service provided by indian River County. 5 (5) Additional information: none Graphic element of development plan. (1) Plat and site plan. (a) Proposed name of the PUD, title of map, name of city, and description of section, township and range. provided (b) Name and address of record owners, applicant, and person preparing preliminary development plan. provided (c) The locations and names of abutting subdivisions and the names of owners of record of adjacent acreage. provided (d) Date, north arrow and graphic scale acceptable to the city engineer, provided (e) Legal description and survey of the proposed PUD boundaries made and certified by a Florida registered land surveyor, provided Proposed lot or building site lines with dimensions, setbacks, and landscaped yards. Location and floor area size of all existing and proposed buildings, structures and other improvements. Designation of all dwelling unit types and number of units. Net residential density calculations. Plans for nonresidential uses shall include the square footage allocated to each respective use. Provided on submitted survey. (g) Any desired changes from the underlying zoning regulations, and the boundaries of underlying zoning districts. N/A (h) Location, name and dimensions of all existing and proposed dedicated public lands and the conditions of such dedication, provided The width and location of any street or other public way shown upon the comprehensive plan within the PUD and the proposed width, location and grade of all streets or other public ways proposed by the applicant, provided (k) (m) (n) (o) Location of closest available city water supply system and proposed preliminary design for water service improvements, including proposed level of service, general location of facility improvements, and schematic drawings as required by the city engineer. The final construction drawing shall not be required prior to preliminary plan approval, but shall be required prior to commencement of the installation of such improvements, provided Area in square feet of each lot or building site, to be indicated in a rectangle wlthifl each lot or building site. provided on the preliminary development plan. Typical cross-sections of proposed streets, sidewalks, canals and ditches and other proposed improvements. Provided - contained within preliminary development plan. Location of proposed wastewater collection system and proposed preliminary design of wastewater collection improvements, including proposed location of improvements, level of service proposed, and schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such facilities, provided Location of proposed improvements for collecting and discharging surface drainage and the preliminary design of such facilities, including the proposed level of service, and schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be submitted prior to commencing the installation of such facilities, provided Location and preliminary design of proposed bridges or culverts which may be required, including the type of facility and general level of service as well as schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such improvements, provided 7 (P) (q) (r) Proposed locations and preliminary designs for sidewalks, curbs, storm drainage facilities, water mains, sanitary sewers, fire hydrants, and flow facilities, provided (s) Location and width of proposed permanent utility easements. The easements shall provide satisfactory access to existing rights-of-way or other open space shown upon the tentative PUD plat. Permanent drainage easements shall also be shown, provided Where the tentative PUD plat covers only a part of contiguous rear property owned by the applicant, a master phasing plan shall also be required unless the application certifies that the remaining real property shall be developed independently of the proposed PUD plat. N/A The proposed treatment of the perimeter of the PUD plat, including material and techniques used, such as landscape, fences and walls for screening and buffering, provided (2) General appearance. (3) (4) (5) (6) la) Floor plans and square footage of all multlfamily and nonresidential buildings and structures: N/A lb) Elevations, sections and/or perspectives: N/A Dedication or reservations of land for public use: provided Vehicular, Pedestrian and bicycle circulation and parking: provided Open space and landscape plan: not provided Information concerning adjacent lands. la) Existing land use: provided lb) Zoning classification: provided (c) Circulation system: provided lc) Density: provided (e) Public facilities: provided 11, 12. 13. (d) Unique natural features: provided Site plan review standards: N/A Other Matters: Analysis: The Coy A. Clark Company is requesting a large-scale land use map amendment for a 56+/- acre tract of land situated along Powerline Road noah of Sebastian Elementary School and south of Main Street adjacent to Sebastian Highlands Unit 1. The current land use designation for this parcel of land is L-3 (Residential 6units/acra (County)), while the current zoning is A-1 (Agricultural 1 unit/acm). The Coy A. Clark Company is requesting annexation of said parcel with a land use of LD (Low Density 5 units/acre) and corresponding zoning of PUD-R (Planned Unit Development - Residential). The property is currently undeveloped, undisturbed land proposed for development of 195 single-family residential homes, for a density of 3.47 units/aCre, well below the 5 units/acre permitted under the LD designation or the 6 units/acre currently permitted within the existing L-3 (County) designation. The proposed project also includes improving Powerline Road from the subdivisions western access point north approximately 570'+/- to the noah property boundary. Pelican Isles lies immediately noah, and said project will include improvements to Powerline from Main Street south to the Ashbury Subdivision. In addition, the primary subdivision access point will be via the proposed extension of South Wimbrow from Sebastian Boulevard on a nodhwesterly direction to the southeast comer of Ashbury. Additionally, the developer agreed to a restrictive covenant limiting the subject development to 3.50 units/acre as suggested by City Council during the March 17 Council meeting. 14. 15. Conclusion: The proposed PUD-R preliminary development plan is in compliance with the Code of Ordinances, Comprehensive Plan and Land Development Regulations. Recommendation: Staff recommends approval of the Ashbury Subdivision PUD- R preliminary development plan. P R,~4RE~D BY Permit Application No. City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized) from owner ia required) Name: Address: / . Phone Number: ("['17-.) '7 '"f C~ - c~ ~ ~.~_ F/C( Number: ( '7'7~--)~ 'J=-Mail: . Owner (If different from applicant) Name: ~ (,q,(~),~._ &¢_.O¢:~, ¢_~ ~¢.~ L ,~.~, ~_., ~ Address: ~ hone Number: (~) ~_ Jill F~Number: ( . ~~ ~IS~G~ ~it or action requested: PLEASE COMPLETE ONLY T~'tOSE SECTIONS WHICH ARE NECES,~ Ry FOR THE PERMIT OR A~CTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATrACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED, ATI'ACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM, iA. Project Name Of applicable): B, Site Information Lot: Block: Unit: ~~.~bdivision: ,-- Coun CT'ION ~ ....... -~ - · t ,o ooo~.o , Existing Use: ~¢ ~M~ C, Detailed description of proposed activity and purpose of the requested permit or action {attach extra sheets ifnecessa~): ~ ¢~M~% A 51 ,~5 ~ ¢~ DATE RECEIVED: ~ /.I FEE PAID: $!~ ~ .~L~ RECEIVED BY: SEP 2003 'D. Project Personnel: Permit Application No. Agent: Name: ~ ~.~ L. kj...,t~.~,~, Address Phone Number: ('~) ~0 - E-Mail: Attorney: J ~-~ Name: Address Phone Number: ( ) FAX Number: ( ) E-Mail: Engineer: Name: Address Phone Number: ( ) FAX Number: ( ) E-Mail: Surveyor: Address~,~ .~.~ Phone Number; E-Mail: FAX Number: (qq,~)~,. I, ~'~5~-'.P~ P, ~ ~ leg BEING FIR~ DULY SWO~, DE'SE AND SAY THAT: I AM THE OWNER AM THE LEGAL REPRESENTATIVE OF ~NER OF THE PROPER~ DESCRIBED WHICH IS THE SU~ECT MAWER O~ THIS APPLICATION,~~AND T~T AL~FO~TION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE A~~OWLEDGE AND.BELIEF, ~SWO~N ~ SU~SC~ ~o~ M~ ~y ~>~ ~ ~RSONA~y KNOWN T~ ME OR PRO~UC~D as ~O~C~ON, ~HE ~y O~~, 20~ NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION N O,/EXPIRAT[ON SEAL: Permit Application No, The following is required for all comprehensive plan amendments, zoning amendments (Including rezonlng), site plans, conditional use permits, special use permits, varlances~ A excaptions~ and appeals. I/WE, THE OWNER(S) / E LEGAL REPRESENTATIVE OF '{HE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS ;HoE/ SU,B~ECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND ~VERY MEMBER OF THE ~t'T~ ,~"'~.~'~"P~;:~" ('~ ~,.J~t-,t ~,~'~ UARD/L. OMMISSION OF THE ~ITY OF ~EBASTIAN TO PHYSICALLy E~TER UPON THE PROPERTY ANDIVlEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HERESY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY PAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY E~OARD/COMMISSION MEMBER~ ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING~.J~NED BY ME/US VOLU'NTARIL~' AND NOT AS A RESULT OF ANY COERCION APPLIED, PROM~~A~GENT CONTRACTOROROFFdlALOFTHL= C,TY OF SEBASTIAN. OR who"ts'~personally known_to me e~ as identification, this [~, day of' ~ ,~/~-,.~?~'~(~,[..20~.~. Nota~'s Signature )^ ),,,~L~'~ Printed Name of Notary Commission No./Expiration Seal: ~-'F. ~'~ .~Notary Public - State of RO~ [ HOME OF PELICAN ISLAND Permit Application No. Supplemental Information Planned Unit Development Preliminary Development Plan (Plat) (ATTACH ADDITIONAl. PAGES IF NECESSARY.) Describe how the proposed preliminary development plan is consistent with subdivision regulations. %~' f/'.¢) ~ ~:: ~ ~ 2. Explain how the proposed preliminary development plan is in conformance with the zoning regulations. ~--~ '~ ~'~. Ct,,.~ [ {,,3 (..~ . V'/3. Attach the following: /a. 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. v" b A vicinity map. '/' c. A map(s) of existing conditions including existing easements, streets buildings, land uses, historical sites, tree groupings, wetlands, water courses, contours, the names of the property owners and existing land uses and zoning for all contiguous property, and the location and width of ail existing or platted streets, easements, drainage ways and utilities contiguous to the property. v'/ d A development plan including: 1. plat, 2. general appearance of proposed structures excluding single family detached dwellings, 3. dedication or reservation of lands for public use, 4. vehicular, pedestrian and bicycle circulation and parking, 5. open space and landscape plan, and 6. information concerning adjacent lands including existing land use, zoning, circulation system, density, public facilities, and unique natural features. ' e. Quantitative data including: Permit Application No. ,/g. V/h. 1. total number of dwelling units by type, 2. total parcel size, 3. proposed lot or building site coverage by building and structure, 4. proposed lot or building coverage by impervious surfaces, other than building and structures, 5. gross and net residential density, 6. proposed amount of open space, 7. proposed amount of public lands including all dedicated rights-of-way, easements, and other lands dedicated to for public facilities. A development schedule. A~.n uodated environmental im act statement ,~, P An updated public facility impact statement. v/4. The following information is required on all preliminary plats: V/'a. A vicinity sketch showing the location of the boundary lines and distance of the land proposed for the subdivision in reference to other areas of the A north arrow, graphic scale, and date of preparation. The name of adjacent subdivisions, if any, and the plat book and page reference, together with the names of the owners of records having interest in adjacent acreage. The names, alignment, and width of all existing and proposed streets, alleys, rights-of-way or easements adjacent to or within three hundred (300) feet of the proposed subdivision including name, right.-Of-way width, street or pavement width, and established center line elevation. Existing streets shall be dimensioned to tract boundary. All existing and proposed property lines, easements and rights-of-way, their purpose, their effect on the property to be subdivided, and the proposed layout of lots a_nd blocks. Access points to collector and arterial streets showing their compliance to access requirements. All existing drainage facilities. Existing and proposed utilities such as telephone, electricity, water, sewer, gas, etc. on or adjacent to the tract. The preliminary plat shall contain a statement that all utilities are available and have been coordinated with the required utilities. v'/ i. Site for proposed parks, recreational areas and schools. Permit Application No. v' j. The location of any temporary structures or permanent structures having a temporary use. V/'k. If the proposed plat borders upon any public water bodies, delineate the mean high water line. ,t/~l. Permanent reference markers shall be shown, Attached the following: v-/'a, six copies of the preliminary plat. (Two sets must be sealed.) ,v/'b. The name. address and telephone number of the mortgage holder or any other person having a legal equitable or beneficial interest in the land together with a statement from such that they will join in the dedication of the proposed subdivision. V' c, A surface-water drainage facilities plan certified by an engineer registered in the State of Florida. '~'d. A land survey with complete legal description prepared ~nd certified by a registered surveyor. v"/e. A traffic impact analysis, if required. ¢/f. An erosion/sedimentation control plan. v/g, A contour map showing ground elevations at intervals of not more than one foot of the area to be subdivided and of a perimeter strip at least fifty (50) feet and up to one hundred and fifty (150) feet in width around the area. /"h. A statement concerning required potable water improvements, wastewater improvements or on-site wastewater disposal data. ~i. A schedule for multiple phases, if appropriate. CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JUNE 17, 2004 Chairman Smith called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Faille Mr. Mahoney Mr. Allocco Mr. Keough Mr. Oakes (a) Chmn. Smith Mr. Paul Mr. Simmons (a) Mr. Seeley ALSO PRESENT: Tracy Hass, Director, Growth Management Department Jan King, Manager, Growth Management Department Rich Stringer, City Attorney Susan Lorusso, Secretary Bill Hughes, School Board Representative Vice-Mayor Joe Barczyk was in attendance ANNOUNCEMENTS: Chmn Smith called for a moment of silence for former commissioner Norman Blessing, who passed away a few weeks ago. APPROVAL OF MINUTES: 5/20/04 MOTION by Keough/Simmons "1 make a motion we approve the minutes of 5/20/04." A voice vote was taken. Motion carried. OLD BUSINESS: NONE NEW BUSINESS: Public Hearing - Recommendation to City Council - Ashbury Subdivision - Preliminary Plat PUD - 57.73 Acres - CR 512 and Powerline Road Chmn. Smith opened the public hearing at 7:02 p.m. Joseph Schulke, Schulke, Biddle Stoddard, Vero Beach, Florida presented the application. He noted the changes to the project as setbacks increased to 7.5 Ft. on the side, perimeter buffer increased from 20 Ft. to 25 Ft., and Powerline Road. The applicant has agreed to escrow f'rfty percent (50%) of the road cost, or be responsible for fifty percent of the total construction cost PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 17, 2004 from the north property line south tO County Road 512 in which will be paved from the north entrance to the north. The project consists of 195 lots with a 3.47 units/acre. There are 3.3 acres of wetlands provided and 3 to 3.5 acres of recreational area. It will have sidewalks on both sides of the road, curbed roads and will be deed restricted. Mr. Hass added that the density is less than 6 units/acre, which is allowed under county land use. Mr. Mahoney confirmed the buffer size will be 25 Ft. Mr. Seeley asked if there would be a perimeter fence as well as the buffer and Mr. Schulke said no. Mr. Smith inquired about the time frame for completion and Mr. Schulke thought it would be two to three years. Mr. Hughes opened discussion regarding the number of children that this development would bring in to the school system. Mr. Hass said the figure of 390 children is based on census data and is not necessarily the case for every subdivision developed. A lot depends on how the developer markets the subdivision. Ms. Andrea Coy, 323 Pineapple Street, Sebastian, FL had concerns about the density and wanted to see the city's answers to questions from DCA. She also wants a copy of the St. John's report that says the applicant doesn't have to mitigate damages for the third wetland area. Chmn Smith asked Mr. Hass to supply that information when it becomes available. Chmn. Smith closed the hearing at 8:02 p.m. MOTION by AIIocco/Keough "1 make a motion that we approve the Ashbur7 Subdivision for movement to the [city] council for final decision as recommended by staff." ROLL CALL: Mr. Keough yes Mr. Mahoney yes Chmn Smith yes Mr. Faille yes Mr. Seeley yes Mr. Paul yes Mr. AIIocco yes The vote was 7-0. Motion carried. CHAIRMAN MATTERS: Chmn. Smith inquired about Hurricane Harbor parking and landscaping. Ms. King said the owner has been in the office and he is working to bring everything into compliance. MEMBER MATTERS: Mr. AIIocco asked about the metal building being constructed at U.S. 1 and Davis Street. Mr. Hass said it would have a stucco finish when completed. Mr. Keough wanted to know the status of the yellow building on U.S. 1 and Mr. Hass said there were Health Department issues that are being worked out. DIRECTOR MATTERS: Mr. Hass reminded the commission that the rewrite of the comprehensive plan will be (~,ming to them soon. 2 HO.'~iE OF P~LICAN ISLAND City of Sebastian, Florida Subject: Cross Creek Lake Estates Subdivision Preliminary Plat approval. Manager AgendaNo. 04-1.30 Department Origin: Growth Managemect~,,, Purchasing/Contracting:. Finance Director: City Attorney: City Clerk: ~ Date Submitted: October 19, 2004 For Agenda of: October 27, 2004 Exhibits: Preliminary Plat, R-04-43, StaffReport, Application, P&Z Minutes. REQUIRED:EXPENDITURE NAoMneOUNT BUDGETED: None APPROPRIATION REQUI//_ED: None SUMMARY Mr. Henry A. Fischer recently received annexation approval for a 115+/- acre tract of land situated along Powerline Road south of Barber Street and north of CR 510 adjacent to Sebastian Highlands Unit 11. The property is currently designated LDR (Low Density 5 units/acre) end correspondingly carries a zoning &RS-10 (10,000 SF minimum lot size). The property is home to a former sand mining operation, which created a large lake on the subject site, and is slated for subdividing to permit residential units along the perimeter of the lake boundaries. Cross Creek is proposed to contain 134 single family residential lots with minimunl lot size of 95' x 135', thus a proposed density of 1.18 units/acre, well below the 5 units/acre perm/tted within the ED category. The proposed project also includes improving Powerline Road fi'om Barber Street south to the southernmost subdivision boundary. The Planning and Zoning Commission reviewed said request during a public hearing held on September 16, 2004, in which they forwarded a recommendation favoring approval. As such, staffrecommends approval &the Cross Creek Subdivision prelim/nary plat as detailed within the enclosed plans drawn by Mosby and Associates, Inc., conditioned upon compliance with stipulations outlined within the attached staffreport dated 10/19/2004. Development approval is also conditional upon execution of the developer's agreement for construction of Powerline Road. RECOMMENDED ACTION Conduct quasi-judicial public hearing. "Move to pass Resolution R-04-43." RESOLUTION NO. R-04-45 A RESOLUTION OF Tlt[1E, CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES; PROVIDING FOR CONFLICTS I~EREWlTIt; PROVIDING FOR EFFECTIVE DATE. Wl:rE~REAS, Henry A. Fischer has filed an application for approval ora preliminary plat for a subdivision known as Cross Creek Lake Estates; and WHEREAS, said plat complies with applicable State and City codes and regulations; NOW TFIEREFORE, BE IT RESOLVED BY ~ COUNCEL OF ~ CITY OF SEBASTIAN, as follows: Section 1. PRELIMINARY APPROVAL. The City Council of the City of Sebastian does hereby approve the preliminary plat and development plan for Cross Creek Lake Estates prepared by Aaron J. Bowles, PE, dated May 2004, as maintained on file with the City Growth Management Department, subject to the following conditions being met by the final platting: a. The Developer's Agreement for construction of Powerline Road shall be executed. b. Construction plans shall reflect two points of ingress and egress along Powerline Road. CONFLICT. All resolutions or parts of resolutions in conflict herewith Section 2. are hereby repealed. Section 3. upon its adoption. EFFECTIVE DATE. This resolution shall take effect immediately 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 Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall The Mayor thereupon declared this Resolution duly passed and adopted this 27th day of October, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Growth Management Department Preliminary Plat Approval Application - Staff Report Project Name: Cross Creek Subdivision Requested Action: Preliminary Plat approval for 113 acre subdivision Project Location a. Address: 9045 70th Avenue b. Legal: Lots 1 7 2, Sebastian Highlands Unit 11 Indian River County Parcel Number: 30-31-39-00000-5000-00001,0 30-31-39-00000-3000-00002.0 4. Project Owner: Henry A. Fischer Fischer & Sons, Inc. P.O. Box 780068 Sebastian, Florida 32958 (772) 589-3159 fax:(772)589-7731 Project Agent: Same as Engineer Project Engineer: Mr. Aaron J. Bowles, P.E. Mosby & Associates, Inc. 2455 14th Avenue Vero Beach, Florida 32960 (772) 569-0035 fax:(772)778-3617 Project Surveyor: David M. Jones David Jones Surveying 3899 39th Square Veto Beach, Florida 32960 Project Description Narrative of proposed action: Mr. Henry A. Fischer recently received annexation approval for a 115+/- acre tract of land situated along Powerline Road south of Barber Street and north of CR 510 adjacent to Sebastian Highlands Unit 11. The property is currently designated LDR (Low Density 5 units/acre) and correspondingly carries a zoning of RS-10 (10,000 SF minimum lot size). The property is home to a former sand mining operation, which created a large lake on the subject site, and is slated for subdividing to permit residential units along the perimeter of the lake boundaries. Cross Creek is proposed to contain 134 single family residential lots with minimum lot size of 95' x 135', thus a proposed density of 1.18 units/acre, well below the 5 units/acre permitted within the LD category. The proposed project also includes improving Powerline Road from Barber Street south to the southernmost subdivision boundary. b. Current Zoning: c. Adjacent Properties Zoning North: RS-10 East: RS-10 South: A-1 West: RS-10 d. Site Characteristics RS-10 Current Land Use Future Land Use Single Family/Vacant LD Single Family/Vacant LD Vacant R (County) Residential/Vacant LD (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: 115 acres Sand Mine Oldsmar, Pepper Cleared, Oak, Palm Zone X Indian River County Utilities (Water Main) Indian River County Utilities (Forcemain) Barber Street - 3/4 mile Sebastian Police- 4 miles County Fire - % mile Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent c. Housing: Consistent d. Public Facilities: Consistent e. Coastal Management: Consistent f. Conservation: Consistent g. Recreation and Open Space: Consistent 10. Contents of Preliminary Plat: a. name of subdivision: Cross Creek b. vicinity sketch: provided c. legal description including section, township and range: provided d. north arrow graphic scale: provided e. date of preparation provided - May 2004 f. name, address, and telephone of applicant: provided as listed above go name, address, and telephone of owner of record: provided as listed above h. name, address, and telephone of mortgage holder: i. statement that they will join in the dedication: name, address, and registration number of engineer: provided as listed above EN name, address; and registration number of surveyor: provided as listed above name of adjacent subdivisions, if any, including plat book and page number reference: provided m. names of owners of record of adjacent acreage: provided contour map including a perimeter strip up to 150 feet in width. provided all existing watercourses, drainage ditches and bOdies of water, marshes, and other significant, natural or man-made features: provided name, aliment and width of all existing and proposed streets, alleys, rights-of-way or easements including name, right-of-way width, street or pavement width and established center line elevations: provided 3 all existing and proposed property lines, easements and right-of- ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: provided access points to collector and arterial streets showing compliance to the access requirements: provided all existing drainage district facilities and the ultimate right-of-way requirements: provided utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: provided a statement that all utilities are available and have been coordinated with all required utilities: provided v. sites proposed for'parks, recreational areas and schools: provided location of all temporary structures or permanent structures having a temporary use: n/a x. if borders public water, delineate the mean high water line: n/a plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DEP and the city: provided permanent reference monuments shall be shown at all block corners, at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: provided aa. block perimeter returns at block corners or other block line intersection: provided 4. Required Supplemental Information a. existing land use policy and proposed policy changes: provided b. on-site wastewater disposal data: provided c. surface water management plan: provided d. traffic impact analysis: provided e. required park land and/or facility improvements: provided required potable water improvements: provided required wastewater improvements: provided 4 h. erosion and sedimentation control improvements: provided reference to required improvements i. access: provided ii. alleys: · n/a iii. blocks: provided iv. bridges: n/a v. comprehensive stormwater management system: provided vi. easements: provided vii. lots: provided viii. seawails, bulkheads, piers and docks: provided ix. soils: provided x. streets: provided xi. bicycle/pedestrian paths: provided xii. off-street parking areas: provided xiii. utilities: provided xiv. utility installation: provided xv. central water system: provided xvi. central wastewater system: provided xvii. individual sewage systems: n/a xviii, water and sewage treatment and processing plants: n/a xix. median strips and entranceways: provided xx. traffic control devices: provided xxi. monuments: provided xxiL commercial and industrial subdivisions: n/a xxiii, mobile home subdivisions: n/a j. schedule of multiple phases: not provided Fee paid provided City Engineer's review: Construction Drawings and Plan review wilt be required prior to release of construction permits. Additionally, plan details concerning construction of Powerline Road will be required prior to commencement of construction of said roadway. Other Matters: In accordance with Article 19 - Subdivision Land Development Regulations, two points of ingress and egress are required for all subdivisions. The Preliminary Plat outlines a singular point of ingress and egress along Powerline Road at the northeastern most corner of the property. Public means of ingress and egress may be located along the same arterial or collector street so long as said points are separated by a minimum of 1,000 feet. The subject property runs a linear distance of 2,565 feet along Powedine Road, and therefore can accommodate multiple access points. The Preliminary Plat shall be modified to reflect proper compliance with the stated regulation. 5 Analysis: Mr. Henry A. Fischer recently received annexation approval for a 115+/- acre tract of land situated along Powedine Road south of Barber Street and north of CR 510 adjacent to Sebastian Highlands Unit 11. The property is currently designated LDR (Low Density 5 units/acre) and correspondingly carries a zoning of RS-10 (10,000 SF minimum lot size). The property is home to a former sand mining operation, which created a large lake on the subject site, and is slated for subdividing to permit residential units along the perimeter of the lake boundaries. Cross Creek is proposed to contain 134 single family residential lots with minimum lot size of 95' x 135', thus a proposed density of 1.18 units/acre, well below the 5 units/acre permitted within the LD category. The proposed project also includes improving Powerline Road from Barber Street south to the southernmost subdivision boundary. Conclusion: The proposed Cross creek Subdivision is consistent with all applicable state and local laws with respect to subdivision development, including provisions contained within the Comprehensive Plan and Land Development Code. 11. Recommendation: Staff recommends approval of the Cross Creek Subdivision Preliminary Plat with the following condition: 1. Construction plans shall reflect two points of ingress and egress along Powerline Road so as to comply with proper Subdivision Regulations. DATE City of Sebastian Development Order Application Permit Application No. Applicant (if not owner, written authorization (notarized) from owner is required) Name: MR. HENRY FISCHER. FISCHER & sons Address: ' ,, P.O. BOX 780068 SEBASTIAN, FL 32958 ' Phone Number: ( 772 / 589.3159 IFax Number: ( 772 ) 589-7731 E-Mail: Owner (if different from applicant) Name: SAME AS APPLICANT Address: Phone Number: ( ) IFaxNumber: ( ) E-Mail: Type of permit or action requested: PRELIMINARY PLAT 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" x 11" COPIES OF ANY ATI'ACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPL'EMENTAL iNFORMATION FORM. A. Project's Name (if applicable): CROSS CREEK SUBDIVISION B. Site information Address: 9045 70th Avenue Lot: Block: Unit: Subdivision: 1&2 Indian River County Parcel #: 30-31-39-00000-5000-00001.0 30-31-39-00000-3000-00002.0 Sebastian Hi~lhlands Unit Zoning Classification: Future Land Use: A-1 RS-10,000 Existing Use: Proposed Use: R C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Preliminary Plat for proposed 115,2 ac. Residential subd v s on with 149 lots equalin~l '1,29 units/acre. IForm CD-2001 ~ L~lA~-o~ed: 08-27-97 Rev s on: Page 1 of 3 Development Application File Name: DOA D. Proiect Personnel: A~lent: N/A Name: Address: Phone Number: ( ) IFax Number: E-Mail: Attorney: N/A Name: Address: Phone Number: ( ) IFaxNumber: ( ) E-Mail: Engineer: Mr. Aaron J. Bowles, P.E. Name: Mosby & Associates, Inc. Address: 2455 14th Avenue Phone Number: ( 772 ) 569-0035 E-Mail: mosb¥001~yahoo.com Surveyor: David M Jones, PSM Name: Vero Beach, FL 32960 IFax Number: ( 772 / 778-3617 David Jones Surveying Address: 3899 39th Square Vero Beach, FL 32960 Phone Number: ( 772 / 567-9875 IFax Number: ( 772 ) 567-9172 E-Maik I,Mr. Henry Fischer, BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER I AM THI LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WH~'~H IS THE SUBJECT MATTER OF THIS APPLICATION, ANyTexT ALL THE INFORMATION, MAPS, DATA, AND/OR SKETCHES PROVIDED IN THIS APPLICATION Signat(cr~ Date Sworn to and subscribed before me by ~v'ho is personally kngwn to me or produced as identification, this 1~ day of ~-'~'~y~, ,200q NOTARY'S SIGNATURE PRINTED NAME OF NOTARY '~'~,'~'~-~'J~/ COMMISSION NO./EXPIRATION .[~["3 10l L{ ~ (~ - <3 ~J~.P SEAL: Doris 3, Grant idYCOMMISSlON# DD101487 EXPIRES May 1, 2006 Form CD-2001 Revision: Page2 of 3 Approved: 08-27-97 Development Application F e Name: DOA The following is required for all comprehensive plan amendments, zoning amendments (inlcuding rezoning), site plans, conditions use permits, special use permits, variances, exceptions, and appeals. lANE, _X , THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE PLANNING & ZONING BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. lANE HEREBY WAIVE ANY OBJECTION OR DEFENSE lANE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION aT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBAS~AN. Sworn to and subscribed before me by ~i' =~ Y~'~"~I ~--~ 5C__"Y...O. Y"- ~ho is Der~nn~H~ knewP~g ~r produqed as identification, this l~ day of .~ ,200~ NOTARY'S SIGNATURE ~(~,, ~ ~~ PRINTED NAME OF NOTARY ~ ~~ COMMISSION NO,/EXPIRATION ~1~ ~ ~1--~ S~L: Revision: Parle 3 of 3 Development Application File Name: DOA PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF SEPTEMBER 16, 2004 Mr. Seeley yes Mr. Paul Mr. Faille yes The vote was 7-0. Motion carried. yes Public Hearing -Recommendation to City Council - Preliminary Plat - Cross Creek Lake Estates Subdivision - RS- 10 - Barber Street & Powerline Road Chmn Smith opened the hearing. Present were Attorney Warren Dill, 1565 U.S. Highway #1, Sebastian, Hank Fischer, property owner, and Bruce Moia, P.E. Mr. Dill gave a brief history of the property. The applicant will pave Powerline Road from Barber Street to the southern most part of the Fischer property. Mr. Hass further explained the details involving paving of Powerline Road and the coordination between the two owners, Mr. Spencer and Mr. Fischer. Based on code requirements staff would like to see a secondary point along Powerline Road. There were no comments from the public. Chmn Smith closed the hearing at 7:50 p.m. MOTION by Paul/Keough "1 make a motion we recommend to city council approval of the preliminary plat Cross Creek Lake Estates Subdivision." ROLL CALL: Mr. Al[occo yes Mr: Paul yes Chmn Smith yes Mr. Faille yes Mr. Seeley yes Mr. Mahoney yes Mr. Keough yes The vote was 7-0. Motion carried. CHAIRMAN MATTERS: None MEMBER MATTERS: Mr. Mahoney noted the letter received from the City Attorney regarding voting and abstention procedures. DIRECTOR MATTERS: Mr. Hass explained the recommendations to the Land Development Code by the Tree Advisory Board. City Council has directed us to present these changes through the ordinance form, which would require P&Z review. He is going to provide a full staff evaluation and submit staff and Tree Board's recommendations to this commission for your recommendations and send them on to City Council. Mr. Seeley asked about the damaged signs around town. Mr Hass said staff's interpretation is if it has been destroyed greater than fifty percent of th.e, material value the sign, then the sign can only be replaced in conformance with today s code, which means monument signs. 3 City of Sebastian, Florida /.4 pprgved ~/Su~ al by: ity Manager 'TOl~[nc e R~ Subject: Sebastian Crossings Preliminary [ Agenda No. 0 q. 1.3 2 Plat - PUD Development Plan approval. I[ Depart--ent,~.~ Origin: Growth Manageme~, | Purchasmg/Contracting: "~ Finance Director: .City Attorney: '~ City Clerk: Date Submitted: October 19, 2004 For Agenda of: October 27, 2004 Exhibits: Preliminary Development Plal~' Plat, R-04-44, StaffReport, Application, P&Z Minmes. EXPENDITURE AMOUNT BUDGETED: I APPROPRIATION REQ~D: None I REQUIRED: None None SUMMARY Sebastian Crossings, LLC, recently received annexation approval for a 60+/- acre parcel of land lying northwest of the intersection of CR 510 & 512, and hereinafter referred to as Sebastian Crossings Subdivision. The subject property includes a 14.403 acre Parcel "A" designated for commercial use and the 45.691 acre parcel "B" to be utilized for single-fam/ly residential. The Sebastian Crossings proposal includes a total of 137 single.family units on 45.69 acres, thus creating a density of 2.99 units/acre for the residential portion. The design incorporates maximum preservation of oper~conu-non areas, while incorporating the necessary roadway network and drainage system. The main stormwater management tract is located within the interior of the subdivision, affording a large number of waterfront lots within the community. Additionally, there is a large preservation tract along the entire southern boundary of the property providing sufficient buffering from the future commercial development. The proposed development will be connected to public water and sanitary sewer as well. Access will be accomplished via a driveway connection to Dryden Avenue connecting to Watervliet Street, with an additional access to CR 512. The Planning and Zoning Conm~ission reviewed said request during a public hearing held on July 27, 2004, in which they forwarded a recormnendation favoring approval. As such, staff recommends approval of the Sebastian Crossings preliminary development plan/plat as detailed within the enclosed plans drawn by Mosby and Associates, Inc., conditioned upon compliance with stipulations outlined within the attached staff report dated I 0/I 9/2004. Sebastian Crossings Conceptual Development Plan approval was received from City Council on 06/02/2004. RECOMMENDED ACTION Conduct quasi-judicial public hearing, "Move to pass Resolution R-04-44." RESOLUTION NO. R-04-44 A RESOLUTION OF ~ CITY OF SEBASTIAN, FLORIDA, APPROVING THE PREI,IMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT ]FOR A PLANNED UNIT DEVELOPMENT KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR CONFLICTS I:IEREWITtt; PROVIDING ]FOR EFFECTIVE DATE. WglEREAS, The Crossings LLC has filed an application for approval ora preliminary plat and preliminary development plan for a Planned Unit Development known as Sebastian Crossings; and Wl:IEREAS, said development plan and plat comply with applicable State and City codes and regulations; NOW THEREFORE, BE IT RESOLVED BY ~ COUNCIL OF ~ CITY O]F SEBASTIAN, as follows: Section 1. PRELIMINARY APPROVAL. The City Council of the City of Sebastian does hereby approve the preliminary plat and development plan for Sebastian Crossings prepared by Aaron J. Bowles, PE, dated July 2004, as maintained on file with the City Growth Management Department, subject to the following conditions being met by the final platting: a. A minimum of 22.84 acres of open space shall be provided. b. Cul-de-sac width shall be minimum o£ 112 fee~ in diameter with pavement (including mountable curb) of at least 100 feet diameter. c. Fire hydrant at Lot 16 shall be relocated to a straight roadway. d. Turning radius shall be 35 feet inside and 55 feet outside utilizing full pavement width and shall be reflected throughout subdivision in final plat. e. Construction plans shall include paving detail for Sebastian Crossings Boulevard from Dryden Avenue south to Sebastian Boulevard. Section 2. are hereby repealed. Section 3. n its adoption. CONFLICT. All resolutions or parts of resolutions in conflict herewith EFFECTIVE DATE. This resolution shall take effect immediately 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 Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall The Mayor thereupon declared this Resolution duly passed and adopted this 27t~ day of October, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Growth Management Department Preliminary Development Plan Planned Unit Development Approval Application Staff Report Project Name: Sebastian Crossings. Requested Action: PUD Preliminary Development Plan/Plat Approval. Project Location a. Address: Northwest of the intersection of CR 512 and CR 510 b. Legal: Indian River County Parcel Number: 31-38-22-00000-1000-00002.0 31-38-22-00000-5000-00001.2 Project Owner: CRT - Panther II, LLC 500 S. Florida Avenue, #800 Lakeland, Flodda 33801 (863) 647-5537 fax: 863-647-5012 Project Agent: Mr. Timothy Jelus, The Crossings, Inc. Project Engineer: Mosby & Associates Aaron Bowles, P.E. 2455 14th Avenue Vero Beach, Florida 32960 772-569-0035 fax: 772-778-3617 Project Surveyor: William Mort 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 Crossings, LLC, recently received annexation approval for a 60+/- acre parcel of land lying northwest of the intersection of CR 510 & 512, and hereinafter referred to as Sebastian Crossings Subdivision. The subject property includes a 14.403 acre Parcel "A" designated for commercial use and the 45.691 acre parcel "B" to be utilized for single-family residential. The Sebastian Crossings proposal incJudes a total of 137 single-family units on 45.69 acres, thus creating a density of 2.99 units/acre for the residential portion. The design incorporates maximum preservation of open/common areas, while incorporating the necessary roadway network and drainage system. The main stormwater management tract is located within the interior of the subdivision, affording a large number of waterfront lots within the community. Additionally, there is a large preservation tract along the entire southern boundary of the property providing sufficient buffering from the future commercial development. The proposed development will be connected to public water and sanitary sewer as well. Access will be acoomplished via a driveway connection to Dyrden Avenue connecting to Watervliet Street, with an additional access to OR 512. Current Zoning: PUD-R Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Preliminary Development Plan criteria a. 45.69 acres Citrus Grove Electra, Riviera, Wabasso Citrus Trees Zone A, Zone X Indian River County Utilities Indian River County Utilities North County Park - ¼ mile Sebastian Police - 4 miles Indian River Fire - 2 miles Compliance with zoning regulations. Compliance with subdivision regulations. Yes yes Modified building setbacks, (a) Privacy: (b) Light and air: (c) Use: (d) provided provided provided Building Configuration: provided 2 10. (e) Fire exposure: provided (2) Required perimeter building setback: provided (3) Modification in minimum lot size in single-family district. (a) Design: provided - the developer proposes lots ranging in size from 55 x 120 to 75 x 120, which is a departure from the standard Sebastian Highlands lot of 80 x 125, but consistent with direction provided by City Council. (b) Use of open space: provided - public space surrounding retention lakes; and a community recreation tract proposed. (c) Compliance with other preliminary development plan requirements: provided Contents of Preliminary Development Plan: a. Written material: (1) Development schedule: provided Start Date September 2004 - September 2005 (2) Phase Phase I Quantitative data. (a) (c) (d) (e) Total number of dwelling units by type: 137 - single-family homes. Total parcel size: 45.69 acres Proposed lot or building site coverage by buildings and structures: provided - see attached preliminary development plan. Proposed lot or building coverage by impervious surfaces, other than buildings and structures: provided - see attached preliminary development plan. Residential Density 2.99 units/acre 3 (3) (4) (f) Proposed amount of open space: Total open space shall be a minimum of 50% as required per land development regulations. Therefore, subject plans shall be modified to reflect a minimum of 22.84- acres of open space. (g) Proposed amount of public lands including all dedicated rights-of-way, easements, and other lands dedicated for public facilities and services: 2.65 acres Updated Environmental impact statement: Public facilities impact statement: Quantity of wastewater generated; provided typical usage is 250 GPD/unit (137) = 34,250 GPD. Description of proposed recreational facilities; None proposed. Quantity of potable water required; provided typical usage is 250 GPD/unit (137) = 34,250 GPD. {a) (b) (11) (5) (d) (e) Additional information: Estimated number of school age children expected within the development; 137 units @ 2.5 persons/unit = 343 persons 343 persons @ 12% school age = 42 school age children. Estimated property tax and/or sales tax revenue generated by the project by phase; and Residential: $274,000 per year Any other positive or negative public facility impact. In addition, the statement shall also include all public facilities impact information that may be submitted as part of the Development of Regional Impact (DRI) review process, as applicable, none. none 4 b. Graphic element of development plan. (1) Plat and site plan. (a) Proposed name of the PUD, title of map, name of city, and description of section, township and range. provided (b) Name and address of record owners, applicant, and person preparing preliminary development plan. provided (c) The locations and names of abutting subdivisions and the names of owners of record of adjacent acreage. provided (d) Date, north arrow and graphic scale acceptable to the city engineer, provided (e) Legal description and survey of the proposed PUD boundaries made and certified by a Florida registered land surveyor, provided (f) Proposed lot or building site lines with dimensions, setbacks, and landscaped yards. Location and floor area size of all existing and proposed buildings, structures and other improvements. Designation of all dwelling unit types and number of units. Net residential density calculations. Plans for nonresidential uses shall include the square footage allocated to each respective use. Provided on submitted survey. (g) Any desired changes from the underlying zoning regulations, and the boundaries of underlying zoning districts. N/A (h) (I) Location, name and dimensions of all existing and proposed dedicated public lands and the conditions of such dedication, provided The width and location of any street or other public way shown upon the comprehensive plan within the PUD and the proposed width, location and grade of all streets or other public ways proposed by the applicant, provided U) Location of closest available city water supply system and proposed preliminary design for water service improvements, including proposed level of service, 5 (k) (m) (n) (o) (P) general location of facility improvements, and schematic drawings as required by the city engineer. The final construction drawing shall not be required prior to preliminary plan approval, but shall be required prior to commencement of the installation of such improvements, provided Area in square feet of each lot or building site, to be indicated in a rectangle within each lot or building site. Provided Typical cross-sections of proposed streets, sidewalks, canals and ditches and other proposed improvements. Provided - contained within preliminary development plan. Location of proposed wastewater collection system and proposed preliminary design of wastewater collection improvements, including proposed location of improvements, level of service proposed, and schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such facilities, provided Location of proposed improvements for collecting and discharging surface drainage and the preliminary design of such facilities, including the proposed level of service, and schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be submitted prior to commencing the installation of such facilities, provided Location and preliminary design of proposed bridges or culverts which may be required, including the type of facility and general level of service as well as schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such improvements, provided Proposed locations and preliminary designs for sidewalks, curbs, storm drainage facilities, water mains, sanitary sewers, fire hydrants, and flow facilities, provided 6 (2) (3) (4) (6) (q) Location and width of proposed permanent utility easements, The easements shall provide satisfactory access to existing rights-of-way or other open space shown upon the tentative PUD plat, Permanent drainage easements shall also be shown, provided (r) Where the tentative PUD plat covers only a part of contiguous rear property owned by the applicant, a master phasing plan shall also be required unless the application certifies that the remaining real property shall be developed independently of the proposed PUD plat. N/A (s) The proposed treatment of the perimeter of the PUD plat, including material and techniques used, such as landscape, fences and walls for screening and buffering, provided General appearance. (a) Floor plans and square footage of all multlfamily and nonresidential buildings and structures: N/A (b) Elevations, sections and/or perspectives: N/A Dedication or reservations of land for public use: provided Vehicular, Pedestrian and bicycle circulation and parking: provided Open space and landscape plan: not provided Information concerning adjacent lands. (a) Existing land use: provided (b) Zoning classification: provided (c) Circulation system: provided (c) Density: provided (e) Public facilities: provided (d) Unique natural features: provided 7 11. ~12. 13. 14, 15, Site planreviewstandardS: Following comments provided by Indian River County Fire Prevention Bureau: 1. Cul-de-sac width is required to be a minimum of 112 ft. in diameter and a pavement diameter including mountable curb of no less than 100 ft. 2. Please relocate the hydrant at lot 16 to a straight roadway. 3. Turning radius shall be 35 ft inside and 55 fl outside utilizing full pavement width. Please note the turning radius throughout the subdivision. Other Matters: Analysis: Sebastian Crossings, LLC, recently received annexation approval for a 60+/- acre parcel of land lying northwest of the intersection of CR 510 & 512, and hereinafter referred to as Sebastian Crossings Subdivision. The subject property includes a 14.403 acre Parcel "A" designated for commercial use and the 45.691 acre parcel "B" to be utilized for single-family residential. The Sebastian Crossings proposal includes a total of 137 single-family units on 45.69 acres, thus creating a density of 2.99 units/acre for the residential portion. The design incorporates maximum preservation of open/common areas, while incorporating the necessary roadway network and drainage system. The main stormwater management tract is located within the interior of the subdivision, affording a large number of waterfront lots within the community. Additionally, there is a large preservation tract along the entire southern boundary of the property providing sufficient buffering from the future commercial development. The proposed development will be connected to public water and sanitary sewer as well. Access will be accomplished via a driveway connection to Dyrden Avenue connecting to Watervliet Street, with an additional access to CR 512. Conclusion: The proposed PUD-R preliminary development plan is in compliance 'with the Code of Ordinances, Comprehensive Plan and Land Development Regulations. Recommendation: Staff recommends approval of the Sebastian Crossings contingent upon the following: Total open space shall be a minimum of 50% as required per land development regulations. Therefore, subject plans shall be modified to reflect a minimum of 22.84-acres of open space. Construction plans shalt reflect compliance with all Fire Prevention Bureau comments as listed in item 11 of this staff report. Construction plans shall include paving detail for Sebastian Crossings Boulevard from Dryden Avenue south to CR 512 - Sebastian Boulevard. DATE Permit Application No. City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: The Crossings LLC - Mr. Timothy Jelus, Member Address: 1682 W. Hibiscus Blvd. Melbourne, FL 32901 Phone Number: (321)953-3300 FAX Number: (321) 984-2890 E-Mail: ELIZABETH@FMDC.CC Owner (If different from applicant) Name: The Crossings LLC Address: 1682 W. Hibiscus Blvd, Melbourne, FL 32901 Phone Number: (321) 953-3300 FAX Number: (321) 984-2890 E-Malt: elizabeth@fmdc.cc Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM A. Project Name (ff applicable): Seb~iian Crossings ~U.~UI~% I B. Site Information Address: see legal description on plans Lot: Block: Unit: Subdivision: Indian River County Parcel #: 22-31-38-00000-1000-02.0 Zoning Classification: ~,~ty A1 foL, qS-i~, Future Land Use: ....... Existing Use: Vacant Proposed Use; Mixed Use Development C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Mixed use development with sinale family residential lots & approx. 90,000 SF of commercial retail alonq the front of the oroperty. DATE RECEIVED :-.,~" f./~,. ID~ Permit Application No. D. Project Personnel: Agent: Name: Address Phone Number: ( ) FAX Number: ( ) E-Mail: Attorney: Name: Cecile Evans Rider Address 11655 Central Parkway, Suite 302 Jacksonville, FL 32224 Phone Number: ( 904 )996-9475 FAX Number: (904)998-7333 E-Maih cecile@fmdc.cc Engineer: Mr, Bruce Moia~ P.E. Name: Mosby & Associates, Inc. Address 2455 14th Avenue Phone Number: ( 772 ) 569-0035 Vero Beach, FL 32960 FAX Number: (772) 778-3617 E-Mail: mosby001~L)yahoo.com Surveyor: William Mo~ PSM Name: William Mott Land Surveying, Inc. Address 3716 N. Wickham Road, Suite 3 Phone Number: ( 321 ) 751 - 4444 Melbourne, FL 32935 FAX Number: ( 321 ) 777- 4445 E-Mail: I, ""'~1. ;~.-~'~4 _%~¢L¢ '~ ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT; t~[ AM THE OWNER ~..~11s AM THE LEG~TATIVE OF THE O~ER OF THE PROPER~ BESCRIBED ~ICH IS THE SUBJECT MAWR O T SIGNAT~E ~ DATE ~0 IS P~SONALLY K~O~[O ~E O~ PRO~C~B / AS IDENTIFICATION, THIS ~4~ DAY OF ~b¢~, 20~7 . PRINTED NAME Of NOTARY ~[ ~ 1 ~ u . .., ,~ COMMISSION No./ExPIaTION N0t~r~ ~UC, ~lat~ u~ ~,?,~ SEAL: My c0mm. exp. J~n8 ] I~ ~ "~" "' ' Oomm, No. DD 124~6 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (Including rezonlng), site plans, conditional use permits, special use permits, variances, exceptions, end appeals, I/WE, ~""THE OWNER(S) / THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBEC~ W~LC.H IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ~t"~ (~.t.~'~" liP'; ~ BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UpON THE PROPERTY AN~ VIEW THE PF.~OPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION, I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAy HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERLY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITLFFION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING THIS~ BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A R~SULT OF ANY COERCION APPLIE[~ OR PR~NY EMPL~?a~AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE ~ DATE Sworn to and subscribed before me by "~ ~[~ C. Notary's Signature /.'~1 ¢"~b'vx ~'"~ ~ Printed Name of Notary '// \ e'r;~.~., ~ c Mycomm, ex~' ':?:- ':. 2006 PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF JULY 27, 2004 roadway connection at both CR510 and CR512. The CR510 access has been sized to provide access to the commercial property. This will be connected across the Lateral D canal with a bridge structure, which is in the process of being designed and has been reviewed and approved by both St John's River Water Management District and the Corps of Engineers. On site retention is provided and the water will be treated before it is released to the south prong. Trees along the north boundary line will be retained. Mr. Hass added the project consists of 189 units on 62.83 acres, which is at 3 units/acre. Lot sizes are 55'X 120' to 75' X 120' with 7.5' side yard setback. There was discussion regarding the widening of CR510 and added turn lanes from CR512, which the county is working towards. Mr. Seeley was concerned about traffic and possibly adding a fire station to the area. Mr. Hughes asked where buses would pick up students and Mr. Jelus said most likely at the CR510 entrance of Phase I and II. No one from the public spoke in favor or opposition. The hearing was closed at 7:21 p.m. MOTION by Keough/Faille "1 make a motion that we approve to forward to City Council the PUD preliminary development plan approval for Sebastian River Landings Phase Il." ROLL CALL: Mr. Keough yes Mr. AIIocco yes Mr. Seeley no Mr. Mahoney yes Chmn Smith yes Mr. Faille yes Mr. Paul yes The vote was 6-1. Motion carried, Public Hearing - Recommendation to City Council - Preliminary Plat for a Planned Unity Development - Sebastian Crossings - 45.6 Acres Located Directly East of Sebastian River Middle School, North of CR512, West of Fischer Lake Island Subdivision - Proposed Density is 2.91 Units/Acre Chmn Smith opened the hearing at 7:22 p.m. Mr. Mike Evans, 1682 W. Hibiscus Blvd., Melbourne, Florida presented the application. The development is 137 lots with two accesses. One will be coming out at the light at CR510 and CR512 and proceed along a public to the gated entrance of the development. The second access, which comes off CR512 and is awaiting county approvals, will serve the development and two commercial properties. Retention will remain on-site. Mr. Hass added the lots would be 55' X 175' at 2.9 units/acre. The fire department made specific comments regarding this project and they are noted in the staff report and must be addressed by the developer pdor to construction plans being approved. Mr, Paul inquired about notification to the Fellsmere Cemetery and if the families of the deceased buried there have also been notified. Mr. Hass said the office of the Cemetery was notified. There was concern about construction and the retention pond causing damage to the cemetery and graves, Mr. Evans assured the board that the retention design had been engineered by a licensed engineering firm and in no way would it disturb the property. He added that if anything were to compromise the cemetery, truction would be halted, proper authorities would be contacted and all regulations 2 PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF JULY 27, 2004 would be followed. Mr. Hass said he would contact the City of Fellsmere regarding this issue, There was extensive discussion about what constitutes two accesses to the property and the possibility of going through Fischer Lake Island Subdivision. Mr, Bruce Moia, Mosby & Associates, Veto Beach, Florida said they had researched alt possible venues of access and this was the best-proposed plan. Mr. Hass added that we could not demand an applicant to provide access through private property. Mr. Seeley was concerned about the increase of traffic on CR512. Mr. Hughes wanted assurance that prospective homeowners would be made aware that numerous school buses are parked at the school location and all start their routes there creating a large amount of noise and exhaust. Mr. Evans said he is willing to put a notice in the homeowners' covenant, No one from the public spoke in favor or opposition. The hearing was closed at 8:04 P.M. MOTION by Paul/Seeley "1 make a motion to deny the project based on second access and potential problems with the cemetery." Mr. Hass cautioned the commission that according to code they have provided two points of ingress and egress. He suggested they be more specific. Mr. Smith was concerned that by putting the potential problem of the cemetery in the motion would result in the city being responsible for any issues that should arise and it should be the developer's responsibility. Mr. Seeley retracted his second, As there was no second to the motion, the motion failed. MOTION by Mahoney/Smith "1 make a motion that we approve with the proviso that the city council will recognize our exemption and vote in accord from the necessity of providing two accesses based on our recommendation." ROLL CALL: Mr. AIIocco no Mr. Mahoney yes Chmn Smith yes Mr. Keough yes Mr. Seeley no Mr. Paul no Mr. Faille yes The vote was 4-3, Motion carried. C, Public Hearing - Recommendation to Clty Council - Request for Amendment to the Comprehensive Plan Future Land use Map and Zoning Map - The Hammocks Subdivision - (for a proposed annexation) 40 Acres Located South of Sebastian River Land Phase II and East of Sebastian River High School and The Spencer Development - Proposed Land use is LDR and Proposed Zoning is RS-10 Chmn Smith opened the hearing at 8:09 P.M. Mr. Bruce Moia introduced his new partner Aaron Bowles and stated that they have purchased Mosby and Associates. Mr. Bowles presented the application and described the project as consisting of 40 acres with half 3 City of Sebastian, Florida Subject: River Oaks Preserve Preliminary Plat - PUD Development Plan.approval. ~r,,ara'e~ ce R~re Agenda No. Oq, Department Origin: Growth Managemen~ Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: October 19, 2004 rot Agenda of: October 27, 2004 Exhibits: PrelimLnary Development Plan/Plat, R-04-45, Staff Report, Application, P&Z Minutes. EXPENDITURE neNoAMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: None None SUMMARY WCG/Neel-Schaffer, Inc., on behalf of Wolfe Development Inc., recently received annexation approval for a 148- acre parcel of land along CR 510 appmmmately % miles east of 82"d Avenue, and hereinafter referred to as River Oaks Preserve. Low Density land Use and PUD-R zoning approvals accomparfied the annexation. The preliminary developmant plan outlines a total of 368 lots on 148 acres, for a density of approximately 2.49 units/acre. The LDR land use category permits a maximum of 5 un/ts per acre. River Oaks Preserve will include public water and sanitary sewer as well as a closed drainage system with curb and gutter road sections. Access the subdivision will be accomplished via direct connection to CR 510 along the southern boundary, and in order to satisfy land development regulations requ/r/ng two points of ingress and egress, a secondary emergency only access point will be provided along the northern boundary along Lagoon Lane. The subdivision includes a total of 81.71 acres of open space, of which a 3.05 acre site is reserved for a recreation complex. The Planning and Zoning Commission reviewed said request during a public heating held on August 19, 2004, in which they forwarded a recommendation favoring approval. Staff also recommends approval of the River Oaks Preserve prelim/nary development plan/plat as detailed within the enclosed plans drawn by Rick J. Melehiori, P.E., conditioned upon compliance with stipulations outlined within the attached staff report dated 10/19/2004 River Oaks Conceptual Development Plan approval was received ~om City Council on 06/02/2004. RECOMMENDED ACTION Conduct quaxi-judiciaI public hearing. "Move to pass Resolution R-IM45." RESOLUTION NO. R-04-45 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS RIVER OAKS PRESERVE; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WI~-EREAS, WCG/Neel-Schaffer, Inc. on behalf of Wolfe Development, Inc., has filed an application for approval ora preliminary plat and preliminary development plan for a Planned Unit Development known as River Oaks Preserve; and Wlql~,REAS, said development plan and plat comply with applicable State and City codes and regulations; NOW TErEREFORE, BE IT RESOLVED BY TFIE COUNCIL OF TgrE, CITY OF SEBASTIAN, as follows: Section 1. PRELIMINARY APPROVAL. The City Council of the City of Sebastian does hereby approve the preliminary plat and development plan for River Oaks Preserve prepared by Rick J. Melchiori, PE, dated July 28, 2003 and last revised August 5, 2004, as maintained on file with the City Growth Management Department, said approval being conditioned that construction access shall be fi.om CR 510 only. Section 2. are hereby repealed. Section 3. upon its adoption. CONFLICT. All resolutions or parts of resolutions in conflict herewith EFFECTIVE DATE. This resolution shall take effect immediately 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 Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall The Mayor thereupon declared this Resolution duly passed and adopted this 27t~ day of October, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Growth Management Department Preliminary Development Plan Planned Unit Development Approval Application Staff Report Project Name: River Oaks Preserve Requested Action: Preliminary Development Plan Approval for River Oaks Preserve PUD. Project Location a. Address: CR 510 approximately % miles east of 82nd Avenue b. Legal: See Survey Indian River County Parcel Number: 31-38-25-00000,5000-00003.0 31-38-25-00000-7000-00004.0 31-38-25-00000-7000-00003.0 31-38-25-00000-7000-00002.0 Project Owner: Project Agent: Project Engineer: Wolfe Development, Inc. c/o Coastal Capital 747 Pontiac Avenue, Suite 309 Cranston, RI 02910 (401) 751-6510 fax: (401) 751-6512 Rick J. Melchiori WCG/Neel-Schaffer, Inc. 2145 14t" Avenue, Suite 24 Vero Beach, Florida 32960 772-770-4707 fax: 772-770-4640 Same as Agent Project Surveyor: David M. Jones P.O. Box 650674 Vero Beach, Florida 32960 772-567-9875 fax: 772-567-9172 Project Description Narrative of proposed action: 1 WCG/NeeI-Schaffer, Inc., on behalf of Wolfe Development Inc., recently received annexation approval for a 148-acre parcel of land along CR 510 approximately % miles east of 82"d Avenue, and hereinafter referred to as River Oaks Preserve. Low Density land Use and PUD-R zoning approvals accompanied the annexation. The preliminary development plan outlines a total of 368 lots on 148 acres, for a density of approximately 2.49 units/acre. The LDR land use category permits a maximum of 5 units per acre. River Oaks Preserve will include public water and sanitary sewer as well as a closed drainage system with curb and gutter road sections. Access the subdivision will be accomplished via direct connection to CR 510 along the southern boundary, and in order to satisfy land development regulations requiring two points of ingress and egress, a secondary emergency only access point will be provided along the northern boundary along Lagoon Lane. The subdivision includes a total of 81.71 acres of open space, of which a 3.05 acre site is reserved for a recreation complex. River Oaks Preserve received Conceptual Development Plan approval from City Council on 06/02104. b, Current Zoning: PUD-R c. Site Characteristics (1) Total Acreage: 148 acres (2) Current Land Use(s): Vacant (3) Soil: Eaugallie, Oldsmar, Riveira, Wabasso, (4) Vegetation: Dense Vegetation (5) Flood Hazard: Zone X, AE (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: North County Park- 1.5 miles (9) Police/Fire: Sebastian Police 9 miles 9. Preliminary Development Plan criteria a. Compliance with subdivision regulations, yes Compliance with zoning regulations, yes 2 10. (1) Modified building setbacks, - PUD approval granted developer setbacks as follows: (Dwelling Unit) Front 25 Side 7.5 Rear 25 (a) Privacy: provided (b) Light and air: provided (c) Use: provided (d) Building Configuration: provided (e) Fire exposure: provided (2) Required perimeter building setback: provided (3) Modification in minimum lot size in single-family district. (a) Design: provided - minimum lot size is 7,150 SF with typical lots ranging in size from a minimum of 55 x 130 to as large as 90 x 130 with several odd shaped lots being slightly larger. (b) Use of open space: no modifications (c) Compliance with other preliminary development plan requirements: no modifications Contents of Preliminary Development Plan: a. Written material: (1) (2) Development schedule: Quantitative data. (a) provided (b) (c) Total number of dwelling units by type: 368 - single family detached homes. Total parcel size: 148 acres Proposed lot or building site coverage by buildings and structures: 40% maximum 3 (d) Proposed lot or building coverage by impervious surfaces, other than buildings and structures: Maximum of 55% including building coverage. (e) Residential Density 2.49 units/acre (f) Proposed amount of open space: 81.71 acres = 55% (3) Updated Environmental impact statement: provided (4) Updated Public facilities impact statement: The proposed project has been designed with and in accordance with the regulatory requirements of the agencies having jurisdiction over the said parcel. As such, impacts to pubic facilities, i.e. transportation, utility, drainage, public safety, public health, will not be adversely affected by the proposed development. (a) Quantity of wastewater generated; Wastewater generated will be at the same level as previous phases, which is estimated to be 250 G.P.D. per unit (368) = 92,000 G.P.D. The comprehensive plan level of service standard for computing wastewater generation is a minimum of 250 G.P.D per unit. (b) Description of proposed recreational facilities; provided - Subdivision includes a 4+/- acre open space recreation tract along the southwest boundary of the property. (c) Quantity of potable water required; Potable water will be 250 G.P.D. per unit (368) = 92,000 G.P.D. The comprehensive plan level of service standard for computing wastewater generation is a minimum of 250 G.P.D per unit. (d) Estimated number of school age children expected within the development; provided - Based on historical data, it can be assumed that approximately 20% of the homes will have children with an average of 1.5 ch dren per household. This would result in approxmately 110 children n the4c°mmunity' ~ (e) Estimated property tax and/or sales tax revenue generated by the project by phase; and Estimated property tax - $920,000.00 368 lots with an average property tax of $2,500. (f) Any other positive or negative public facility impact. In addition, the statement shall also include all public facilities impact information that may be submitted as part of the Development of Regional Impact (DRI) review process, as applicable, provided - Phase III includes an extension of the existing connection to both public water and sanitary sewer facilities with service provided by indian River County. The roads and drainage system within the development will remain private and the maintenance obligation of the Homeowners Association. (5) Additional information: none Graphic element of development plan. (1) Plat and site plan. (a) Proposed name of the PUD, title of map, name of city, and description of section, township and range. provided (b) Name and address of record owners, applicant, and person preparing preliminary development plan. provided (c) The locations and names of abutting subdivisions and the names of owners of record of adjacent acreage. provided (d) Date, north arrow and graphic scale acceptable to the city engineer, provided (e) Legal description and survey of the proposed PUD boundaries made and certified by a Florida registered land surveyor, provided Proposed lot or building site lines with dimensions, setbacks, and landscaped yards. Location and floor area size of all existing and proposed buildings, structures and other improvements. Designation of all dwelling unit types and number of units. Net residential density calculations. Plans for nonresidential uses shall include the square footage 5 allocated to each respective use. provided (g) Any desired changes from the underlying zoning regulations, and the boundaries of underlying zoning districts. N/A (h) Location, name and dimensions of all existing and proposed dedicated public lands and the conditions of such dedication, provided (J) The width and location of any street or other public way shown upon the comprehensive plan within the PUD and the proposed width, location and grade of all streets or other public ways proposed by the applicant. Provided Location of closest available city water supply system and proposed preliminary design for water service improvements, including proposed level of service, general location of facility improvements, and schematic drawings as required by the city engineer. The final construction drawing shall not be required prior to preliminary plan approval, but shall be required prior to commencement of the installation of such improvements. Provided (k) Area in square feet 'of each lot or building site, to be indicated in a rectangle within each lot or building site. provided TyPical cross-sections of proposed streets, sidewalks, canals and ditches and other proposed improvements. provided (m) Location of proposed wastewater collection system and proposed preliminary design of wastewater collection improvements, including proposed location of improvements, level of service proposed, and schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such facilities, provided (n) Location of proposed improvements for collecting and discharging surface drainage and the preliminary design of such facilities, including the proposed level of service, and schematic drawings as required by the 6 (2) (3) (4) city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be submitted prior to commencing the installation of such facilities, provided (o) Location and preliminary design of proposed bridges or culverts which may be required, including the type of facility and general level of service as well as schematic drawings as required by the city engineer. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such improvements, provided (p) Proposed locations and preliminary designs for sidewalks, curbs, storm drainage facilities, water mains, sanitary sewers, fire hydrants, and flow facilities, provided (q) Location and width of proposed permanent utility easements. The easements shall provide satisfactory access to existing rights-of-way or other open space shown upon the tentative PUD plat. Permanent drainage easements shall also be shown, provided (r) Where the tentative PUD plat covers only a part of contiguous rear property owned by the applicant, a master phasing plan shall also be required unless the application certifies that the remaining real property shall be developed independently of the proposed PUD plat. N/A (s) The proposed treatment of the perimeter of the PUD plat, including material and techniques used, such as landscape, fences and wails for screening and buffering, provided General appearance. (a) Floor plans and square footage of all multlfamlly and nonresidential buildings and structures: N/A (b) Elevations, sections and/or perspectives: provided Dedication or reservations of land for public use: provided Vehicular, Pedestrian and bicycle circulation and parking: provided 7 {5) Open space and landscape plan: provided - River Oaks Preserve will meet or exceed all open space requirements. (6) Information concerning adjacent lands. (a) Existing land use: provided (b) Zoning classification: provided (c) Circulation system: provided (c) Density: provided (e) Public facilities: provided (d) Unique natural features: provided 11. Site plan review standards: N/A 12. City Engineer's review: 13. Other Matters: Access to River Oaks Preserve will be accomplished via direct connection te CR 510 along the southern boundary, and in order to satisfy land development regulations requiring two points of ingress and egress, a secondary emergency only access point will be provided along the northem boundary adjacent to Lagoon Lane. In an effort to reduce the number of curb cuts/access points along CR 510, Indian River County is only permitting a singular access point for the proposed subdivision, as is consistent with County Land Development Regulations. 14. Analysis: WCG/NeeI-Schaffer, Inc., on behalf of Wolfe Development Inc., recently received annexation approval for a 148-acre pamel of land along CR 510 approximately % miles east of 82"d Avenue, and hereinafter referred to as River Oaks Preserve. Low Density land Use and PUD-R zoning approvals accompanied the annexation. The preliminary development plan outlines a total of 368 lots on 148 acres, for a density of approximately 2.49 units/acre. The LDR land use category permits a maximum of 5 units per acre. River Oaks Preserve will include public water and sanitary sewer as well as a closed drainage system with curb and gutter road sections. Access the subdivision will be accomplished via direct connection to CR 510 along the southern boundary, and in order to satisfy land development regulations requiring two points of ingress and egress, a secondary emergency only access point will be provided along the nodhem boundary along Lagoon Lane. The subdivision includes a total of 81.71 acres of open space, of which a 3.05 acre site is reserved for a recreation complex. River Oaks Preserve received Conceptual Development Plan approval from City Council on 06/02/04. 8 15. 16. Conclusion: The proposed project is consistent with the Land Development Code, Comprehensive Plan and Code of Ordinances. Recommendation: Staff recommends approval of the River Oaks Preserve Preliminary Development Plan subject to the following conditions: 1. Construction access shall be via CR 510 access only. DATE 9 Permit Application No. City of Sebastian Development Order Application Al~plicant (if not owner, written authorizatjo~ (not~rfzed) fi.om owner is required) Name: Rick J. Me!chiori WCG/Neel-Schaffer¢ Inc. 2145 14th Avenue~ Suite 24, Veto Beech, FL 32960 Ph°neNumber:(772) 770 4707 FAXNumber: (772)770- 4640 5-Mail: rmelchiori@wcql .cob Owner (If diCerent from applicant) Name: Wolfe Development,Inc. Address: c/o Coastal Capital 747 Pontiac Avenue, Suite 309 Cranston,RI PhaneNumber:(401) 751 '6510 FAXNumbe~ (401) 751-6512 S-Mail: coastalcapital@intap, net Ti~e of n~it nr action requested: I ,2910 __ ~ PUD Preliminary Plat/Development Plan - PLEASE COMPLETE ONLY THOSE SECTIONS WH{CH ARE NECESSARY FOR THE PERMIT or ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A~-['ACHED AND 8-1/2" aY 11" coPiES OF ANY A~-i'ACHMENTS SHALL EE INCLUDED. Aq-FACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. IA. River Oak Preserve Proje~ Name (if applicable): B, Bite Information Addresa: ~/k Lot Block: Unit: Subdivision: IndianRNerCountyPercel#: 31382500000500000003.0; 31382500000700000004.0~ ~ ~o~nnnnn'~nr~nnnnn~ n- Zor~n¢Cl~s~i~c~ii6~ - ' Future Land Use: Residential A 1 Existing Use: Proposed Use: Vacant L.D.R. C. Detailed description of proposed activity and purpose of/he requested permit or ac,tion{atta4:h extra sheets if neces..%.lrT}: Develop a 3~8 Single Family p%anne~ deve-opment within a ]~acre site adjacent to the North side of S.R. 510 DATE RECEIVED:./~_~ Permit Application No. D. Project Personnel: Agent: Name: Rick J. Melchiori WCG/Neel-Schaffer, Inc. Address 2145 14th Avenue, Suite 24, Vero Beach, FL 32960 Ph°neNumben(772) 770 4707 FAXNumber: (772)770- 4640 E-Maih rmelchiori@wcgl :com Attorney: Name: Sam Block Address 979 Beachland Blvd~ Vero Beachf FL 32963 Phone NumDen (772) 231 '1100 FAXNumben (772)23t- 2020 E-Mail: Engineer: Name: Rick, J.. Melchiori, P.E... WCG/N_ee.~.-.S. chaf{er, Inc. Address 2145 14th Avenue, Suite 24, Vero Beach, FL 32960 Ph°neNumber:(772)770 ' 4707 FAXNumber: (772) 7.70 4640 rmelchiori@wcgl . com Surveyor: Name: DAvid M, Jones Add,ss P_O_ }Ro~ ~n~7~, ~rC ~=~h ~T ~?a~q PhoneNumber:(772)567 9~875 -- F'AXNumberi i~2)567-9172 E-Mail: I, Rick J, Melchiori. PE , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: __ I AM THE OWNER _~_ t AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA~ER OF THIS APPLICATION, AND THAT A[J- THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ND TRUE TO THE BEST OP MY KNOWLEDGE AND BELIEF. July ~-,: 2003 /~IGNATL~E DATE SWORN TOAND SUBSCRIEED BEFORE ME BY 1~ 16/~ ~'. ll~:~'.~_..H'l 0~:~ I AS IDEN~FICATION, THIS ~ DAY OF NOTARY'S SIGNATURE PRINTED NAME Of NOTARY COMMiSSiON N O./EXPIRATION S~': Permit AppliCation No. The following is requirmd for all compr~h~lsi~ plan am~d~ zoni~ amndm~ (includi~ m~nlng), sl~ plan~ co~lMonal u~ ~m~, s~lal ~e ~, ~Hanc~, I/WE, THE OWNER(S) / X THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Citv of Seb&st±an ~OARD/COMMIBBION OF THB CI~Y OF SEBASTIAN TO PHYSIOALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I~VE HEREBY WAIVE ANY OBJECT]ON OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASi-JUDICIAL NATURE OF THE PROCEEDINGSi RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPER~Y~ INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED 8Y SUCH ENTERING OR VIEWING. THiS WAIVER~AND CONSENT Is BEING SIGNED BY ME~US VO~-UNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR ADE, BY ANY EMPLOYEE~ AGENT, CONT~CTOR OR OFFICIAL OF THE CI~Y OF SEBASTIAN, /~~ July ~, 2003 SI~ATUR~ DATE Sworn ~o and subscfib~ before me by ~ ~ C~ ,T ~ ~ ~ ~ who is pe n II known or pr~uced as identifi~fion, this ~ day of ,~J C~ ,20~. Nota~'s Signa~re ~/~ ~ ~~ Pdnt~ Name of Notaw ~C~ ,~ ~-~ Commission No./Expiration ~/ ~7.~ Seal: PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF AUGUST 19, 2004 Mr. Seeley yes Mr. Simmons (a) yes Mr. Cakes (a) Abstained Mr. Keough yes Mr. Faille no The vote was 5-1 with 1 abstention (Form 8B attached). Motion carried. Public Hearing- Recommendation to City Council - Preliminary Plat/Plan - River Oaks Preserve PUD The hearing opened at 8:40 p.m. and Mr. Hass presented his staff review. This subdivision was recently annexed along CR510 and the Sebastian River. The proposal is for 368 single family units on 148 acres or 2.49 units/acre. It will have closed drainage, water and sewer utilities and a great deal of conservation. The main issue on this particular subdivision was access to the site. From a planning, transportation, and code perspective it is required to have two ingress and egress points to the subdivision. The access to the north end was eliminated and the only remaining access was at the south end of CR510. City council had numerous discussions about having a secondary access on CR510 but Indian River County will only permit one access point per subdivision on CR510. The County would not grant an emergency access on CR510 leaving only one access to the site. There continues discussion on where an emergency access could be located. Mr. Stringer added a suggestion from City Council was to leave a tract open so a fire truck or emergency vehicle could "jump the curb" from CR510 to access the site through the tract. Mr. Metchiori was concerned that when the County redoes CR510, if a deep swale is installed for drainage purposes an emergency vehicle would not be able to get across it and the county may not permit a culvert to be constructed. No one from the public spoke in favor. The following spoke in opposition. Samantha Hanes, Lagoon Lane, Sebastian, said she was not opposed to an emergency exit, but did not want it to exit out to Lagoon Lane. (Tape 2 Side f, 9:04 p.m.) GIoda McCollum, 550 Joyhaven Drive, Sebastian, concerned about right-of-way near the southwest section of Joyhaven. Mr. Hass responded that the right-of-way will remain with an additional 25 Ft. landscape buffer on the development site. The closest home would be about 100 feet to the opposite side of the right-of-way. Chmn. Smith closed the hearing at 9:06 p.m. MOTION by Smith/Keough "1 make a motion that we recommend to City Council the preliminary plat plan for River Oaks Preserve PUD/' ROLL CALL: Mr. Keough yes Mr. Mahoney yes Chmn Smith yes Mr. Faille yes Mr. See~ey no Mr. Cakes (a) no Mr. Simmons (a) yes PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF AUGUST 19, 2004 The vote was 5,2. Motion carried. CHAIRMAN MATTERS: None MEMBER MATrERS: Mr. Seeley asked if the commissioners are required to keep the plans and reports they are given for each meeting. Ms. Lorusso told him he could bdng them into the Growth Management office and it would be included with the other recycled office paperwork. He also asked if a workshop could be arranged with the City Council to discuss an oveday plan, future annexations, and get additional direction. Mr. Hass said if the council is willing it could prove productive. Mr. Mahoney asked about the status of Hurricane Harbor and Ms. King said code enforcement will be serving them notice of violations and take them to the Code Enforcement Board in September. DIRECTOR MATTERS: NONE ATTORNEY MATTERS: Mr. Stringer advised the commission regarding second access for the PUD's. He sees the problem as just looking for a second access and with the River Oaks project there were four potential access roads and he would prefer to have all roads used for traffic disbursement and emergency issues. When the Highlands was developed a half right- of-way was put on the edge of the plat, which is a traditional Florida way of platting so the next piece of property to be developed would contribute to the other half of the read and join them together. Mr. Smith asked why the city doesn't advocate that type of plan instead of closed enclaves. Mr. Hass said he regularly recommends additional access points for that roason. Chmn Smith adjourned the meeting at 9:20 p.m. (8123/04 SBL) HOM~ O~ PEMCA~ CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Agenda No. 0 q . Restoration of shoreline damage E--e~i~g////'~ along Indian River Drive caused by Department Origin: Hurricane Jeanne. Department Head: J//,~/ Finance Director: ~f/..~.~ General Services: Date Submitted: 10/19/04 For Agenda of: 10/27/04 Exhibits: Tabulation of Proposals EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: 9O% FEMA NTE $36,000 - 0 - 5% State $1,800 from Emergency 5% City Emergency Reserve Fund Reserve Fund SUMMARY Hurricane Jeanne caused significant damage to the shoreline along Indian River Drive particularly in two locations (Martin Avenue and Jefferson Street) where the North bound traffic lane had to be closed for safety reasons. In accordance with the Purchasing Emergency Procedure, proposals were solicited from approved contractors to restore the damaged shoreline in the two locations affecting the street lane closure. Henry Fischer and Sons submitted the lowest responsive proposal in the amount of $36,000 (see attached tabulation form). RECOMMENDED ACTION Move to waive competitive sealed bid procedures and approve contract award to Henry Fischer and Sons of Sebastian in the amount of $36,000 to restore the damage caused by Hurricane Jeanne to the shoreline at Indian River Drive and Martin Ave, and Indian River Drive and Jefferson Street. Z o ~ Ill Ill