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HomeMy WebLinkAbout09282005 05.081 05.191 1-4 5-18 19-23 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 28,2005 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER COY 3. INVOCATION BY REV. MARK PATERSON, ALLIANCE COMMUNITY CHURCH 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-05-26) 6. PROCLAMATIONS. ANNOUNCEMENTS, PRESENTATIONS A Certificate to Council Member Andrea Coy for Completion of Florida Institute of Government 2005 Institute for Elected Municipal Officials B. Proclamation - National Arts and Humanities Month - October 2005 - Accepted by Richard A Stark, Chairman and Mary Jane Kelly, Executive Director - Cultural Council of Indian River County 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one maNon. There will be no separate discussion of consent agenda items uniess a member of City Council so requests; in which event, the item will be removed and acted upon separately. A Approval of Minutes - Special Meeting - Budget Hearing - 9/8/05 B. Approval of Minutes - Regular Meeting - 9/14/05 Approval of Minutes - Special Meeting - Budget Hearing - 9/20/05 C. 05.181 25-26 05.192 27-36 8. 9. 05.193 37-51 05.058 53-55 05.194 57-58 05.006 59-63 05.195 65-70 D. Resolution No. R-05-42 - Creation of Champion Tree Designation Program (City Manager Transmittal 9/21/05, R-05-42) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A CHAMPION TREE AWARD PROGRAM; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. E. Waive Sealed Bid Procedure (Three Quotes Obtained) and Purchase Trailer Mounted Generator from Nations Rent in the Amount of $13,500 from FY 2005 Budgeted Funds (Public Works Transmittal 9/8/05, 3 Quotes) COMMITTEE REPORTS/RECOMMENDATIONS QUASI-JUDICIAL PUBLIC HEARING (procedures on back of aaenda) A. Resolution No. R-05-40 - Preliminary Plat for the Gables at Sebastian (GMD Transmittal (Growth Management Transmittal 9/21/05, R-05-40, Preliminary Plat, Staff Report, Application, P & Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A TOWNHOUSE DEVELOPMENT SUBDIVISION KNOWN AS GABLES AT SEBASTIAN; 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 11. OLD BUSINESS A. Input on Reconsideration of Collier Creek Project (City Manager Transmittal, Questionnaire, E-Mail) B. City/Chamber Lease Agreement - Provide Staff Direction (City Manager Transmittal 9/21/05) C. Approve Change Orders #3 And #4 and Additional $1500 Contingency - Appropriate Necessary Funds Not To Exceed $4796.25 For Application to the Contract with Jobear / Warden for Louisiana Avenue Renovation (City Engineer Transmittal 9/21/05) 12. NEW BUSINESS A. Approval of Craft Club of Sebastian Craft Show Dates in Riverview Park for 2005/2006 Season w/Rain Dates as Requested and Approval of 50% Discount in Permit Fees (Recreation Transmittal 9/21/05, List of Dates and Information About Club and Charitable Donations, Event Map) 2 05093 71-74 05.135 75-94 05.196 95-96 05.197 97-118 B. Resolution No. R-05-41 - Amending Tennis Court Rates Resolution to Add Annual Fees (Recreation Supervisor Transmittal, R-05-41, Fee Comparisons) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO HOURS OF OPERATION, FEES AND RESERVATION POLICY AND ADDING ANNUAL FEES FOR THE TENNIS COURTS AT FRIENDSHIP PARK IN THE MUNICIPAL COMPLEX; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. C. First Reading of Ordinance No. 0-05-18 - Tree and Landscaping - Set Public Hearing for 10/26/05 (City Attorney Transmittal 9/21/05, 0-05-18, P & Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN. FLORIDA, AMENDING LAND DEVELOPMENT CODE ARTICLE XIV TREE PROTECTION AND LANDSCAPING; TRANSFERRING TREE BOARD PROVISIONS TO CHAPTER TWO; AMENDING LAND DEVEOPMENT CODE ARTICLE XXII LANGUAGE AND DEFINITIONS; PROVIDING FOR CONFLICTS; SEVERABILITY AND EFFECTIVE DATE. D. Approve Purchase of 24 Tasers X-26 and Other Related Accessories Using Sole Source Purchase Option from DGG Taser and Tactical Supply, Inc. in the Amount of $23,956.43 from FY 2005 Budgeted Funds (Police Chief Transmittal 9/15/05, Proposal) E. Approve Work Authorization #1 Under City Master Agreement for Professional Services with Schulke, Bittle & Stoddard, LLC for Design and Permitting of Realignment of Barber Street in Amount Not to Exceed $45,000 and Appropriate Funds from Road Project Savings (City Engineer Transmittal 9/22/05, Work Authorization #1) 13. CITY ATTORNEY MATTERS 05.198 A Sponsorship of Gautier, MS (no backup) 14. CITY MANAGER MATTERS 05.199 05.200 05.201 119-120 15. 05.202 16. A Spam Protection Software (no backup) Hybrid Cars (no backup) B. C. Stormwater Bids (Bid Tabulation Forms for Ditch and Swale Mowing) CITY CLERK MATTERS CITY COUNCIL MATTERS A B. C D. E. Ms. Coy Ms. Monier Mr. Neglia Mayor McCollum Mr. Burkeen 1. Indian River County School Board 5 Year Capital Projects Plan 17. ADJOURN (All meetings shall adjoum at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) 3 HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS Regular City Council Meetings are Scheduled for Live Broadcast on Corncast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA ITER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. UDcomina Meetinos: October 12, 2005 - 7:00 p.m. - Regular Council October 26, 2005 - 7:00 p.m. - Regular Council November 16, 2005 - 7:00 p.m. - Regular CouncH December 14, 2005 - 7:00 p.rn, - Regular Council Quasi-judicial Procedures 1. The Mayor opens the hearing. 2. Councii discloses ex-parte communication. 3. Applicant or his agent shall make a presentation in favor of the request. 4. Staff shall present its findings and analysis. 5. Councii shall ask questions of the applicant and staff as it sees fit. 6. The floor shall be opened to anyone in favor of the request who wishes to speak or ask questions. 7. The floor shall be opened to anyone opposed to the request who wishes to speak or ask questions. 8. Applicant is provided an opportunity to respond to any of the issues raised by staff or the public. 9. Staff is provided an opportunity to summarize its position. 10. Council deliberates the request, asking such questions as it sees fit. 11. The Mayorca" fora motion and Councii takes action. 4 OIYOF HOME OF PElICAN ISlAND SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING THURSDAY, SEPTEMBER 8, 2005 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the Special Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Citv Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council MemberAndrea Coy Council Member Lisanne Monier Council Member Sal Neglia Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Finance Director, Shai Francis Chief of Police, Jim Davis Public Works Director, Terry Hill MIS Systems Analyst, Barbara Brooke (jJ Special City Council Meeting September 8, 2005 Page Two 4. 1st PUBLIC HEARING AND TENTATIVE ADOPTION PROPOSED MILLAGE AND TENTATIVE FY 2005/2006 BUDGET 05.110A A. RESOLUTION NO. R-05-32 - Proposed Millaae Rate for Calendar Year 2005 - Final Public Hearing and Final Adoption Scheduled for September 20. 2005 (Finance Transmittal 8/31/05. DR 420 Certification ofTaxable Value. R-05-32) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A PROPOSED MILLAGE RATE OF 3.9325 MILLS FOR THE CALENDAR YEAR 2005 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPlEMBER 30, 2006; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-05-32 by title. The City Manager reported that changes requested at the August 16, 2005 workshop had been included in the revised budget, specifically reduction of the proposed millage to 3.9325 mills, shifting health care numbers to match respective departments, removal of the half funded full-time police position, and retaining the AN/MIS position. Mayor McCollum noted that the millage on the trim notice of 4.5904 mills was not was being considered tonight but a rate of3.9325 mills was being considered. Mayor McCollum opened the public hearing at 6;05 p.m. Damien Gilliams, commended staff and Council for being frugal and the Police Department for keeping crime down, recommended department heads who produce and give money back to the general fund should be rewarded; said Homeland Security grant funds should be sought for computers for police vehicles; and urged that Council take a leadership role to achieve rolled back rate of 3.6. Mayor McCollum closed this portion of the hearing at 6:10 p.m. Mayor McCollum advised that assessed values are set out by the Property Appraiser's office, and explained an appeal process for assessments, noting that City Council can only control the city's millage rate. Ms. Monier said she would like to go to a 4.1 millage rate, which would allow the City to contract out all ditch and swale maintenance throughout the City and have it completed by the end of one year. The City Manager said the bid process for ditch and swale maintenance is still in process, noting there is about $400,000 in the budget for this purpose and it is still unknown how the bids will come in, noting that how the maintenance (j) 2 Special City Council Meeting September 8, 2005 Page Three program will advance will come back to Council in the near future, and the possibility exists that there may be a shortfall. The Attorney advised Councii at this time that in accordance with Florida Statutes, Council should move on and hear the budget issues before it votes, then come back and vote on a proposed millage. 05.110B. B. RESOLUTION NO. R-05-33 - Fiscal Year 2005/2006 Tentative Budaet- Final Public Hearina and Final Adootion Scheduled for Seotember 20, 2005 (Finance Transmittal 8/31/05, R-05-33, Schedule A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE TENTATIVE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS OF THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "N ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FORAN EFFECTIVE DATE. The City Manager said certain salaries have been addressed and modified and savings have been added to the contingency line increasing it to $270,000, but that these salary issues should be revisited on a case-by-case basis to make sure that salaries are in line with other agencies, and he would bring these issues to Council's attention when addressed. Mayor McCollum opened the public hearing at 6:18 pm. and there was no public input. Mayor McCollum congratulated the City Manager and staff for trimming the budget as requested by City Council, noting that this is lowest millage he has ever seen in the City of Sebastian. Each member of Council commended staff on a sound budget. Ms. Coy asked if the police boat could be put on a hoist at the City dock rather than trailering it. The City Manager said the truck to trailer the boat is in the budget as requested by the garage, and not having the truck in the budget would not be a problem, however, it will help to alleviate wear and tear on other vehicles. The City Manager and City Attomey responded that there had been research done on a davit on a city dock, and the Chief said a boat would cause shade over seagrasses and the permitting process would be rather lengthy and it was found not to be worthwhile. The City Manager noted that DST funds will be used to purchase the truck, and elimination of the truck will not affect the millage rate. The Police Chief said there is a shortage of parking spaces behind the station and the truck will be located at the officer's home where he is on call. 3@ @ 4 Special City Council Meeting September 8, 2005 Page Four The City Manager and Public Works Director explained the need for Stormwater and Public Works flatbed trucks for hauling materials in response to Mr. Neglia, which will help to transport pipe, brush, building and other materials. Mr. Neglia thanked the City Manager, Finance Director and Finance staff and said he met with them to review the budget and it was easy to understand. On MOTION by Mr. Burkeen, and SECOND by Ms. Coy, R-05-32 was adopted on a roll call of 4-1 (Monier - nay) The City Attorney announced that the proposed millage adopted is 3.9325 which is 6.3% higher than the rolled-back rate of 3.6996. On MOTION by Ms. Monier, and SECOND by Mr. Neglia, R-05-33 was adopted on a roll call vote of 5-0. Ms. Coy reported that $3,109 was collected by volunteers for Salvation Army to benefit Hurricane Katrina victims, and announced that there are buckets in City Hall and the VFW, and that Salvation Army buckets will be set up in Riverview Park manned by the Sebastian Property Owners this weekend during the craft festival. Mr. Neglia said Red Cross barrels are also around town; and said this Saturday he will resume his meeting with the public in Council Chambers. Ms. Monier asked if the single family restriction can be lifted to allow people to house non-related families left homeless by Hurricane Katrina. It was the consensus of Council to add this to the to 9/14/05 agenda. 5. Being no further business, Mayor McCollum adjourned the Special Meeting at 6:33 p.m. Approved at the City Council Meeting. Nathan B. McCollum, Mayor ATTEST: Sally A. Maio, MMC - City Clerk ~ .... i;i. J .1~ ~' 'S-~~;; _ ~'-e: ~ "~~ e ~"': . --/..1.*-, ~/~ __~_ . ~.:-::- ' O!YOf HOMEOFPElICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 14,2005 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the regular meeting to order at 7:00 p.m. 2. Vice Mayor Burkeen led the Pledge of Allegiance. 3. The invocation was given by Rev. Sid Collison of the First Baptist Church of Sebastian. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Human Resources Director, Jim Sexton Growth Management Director, Gary Ament Growth Management Manager, Jan King Police Chief, Jim Davis Public Works Director, Terry Hill MIS Systems Analyst, Barbara Brooke r-;;~'! LV 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Uems not on the written agenda may be added only upon a unanimous vote of City Council members (R-05-26) Regular City Council Meeting September 14, 2005 Page Two Mayor McCollum requested addition of an item 11 A regarding a resolution for single-family housing; and endorsement of a Historic Fish House for Commissioner Wesley Davis as item 6 C. On MOTION by Mr. Burkeen, and SECOND by Ms. Coy, the items were added as requested by Mayor McCollum on a voice vote of 5-0. 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENT A liONS 05.85 A. Certificates of Appreciation to Citizens Budoet Review Advisory Committee Members: AI Pate moster, Ed Seeley, Richard Smith, Ken Albrecht Mayor McCollum presented certificates to AI Paternoster, Richard Smith and Ken Albrecht for their service on the Citizen Budget Review Advisory Committee. Each member thanked Council for the opportunity to serve on the committee. Mr. Seeley was not present. 05.117 B. Nancy Madsen and Ray Coniolio - American Cancer Society Nancy Madsen and Ray Coniglio, representing the American Cancer Society, presented a trophy for exceeding goal of $85,000 and gifts to Jim Sexton and Sally Maio, Co-Chairs. Vice Mayor Burkeen suggested the City sponsor the Relay for Life event and bring it into the City of Sebastian on City grounds. City Council had no objection. The City Clerk said she would forward that suggestion on to the Committee for their meeting next week. C. Historic Fish House - Commissioner Wesley Davis Commissioner Davis distributed a photo of the old Archie Smith/Johnny Mays fish houses on Indian River Drive and requested support of Council for endorsement of the purchase of the facilities with bond dollars from the Trust for Public Lands to preserve the historical integrity and culture of the community. He invited all City Council members to assist in hosting, along with commercial fishermen, an open house fish fry on Friday, September 23, 2005 from 5:30 p.m. to 7:30 p.m. at the site. (f) 2 Regular City Council Meeting September 14, 2005 Page Three Mayor McCollum said there would be no better way to show people what was happening in the City of Sebastian one hundred years ago; and show them their true heritage. All members of Council supported the idea. On MOTION by Ms. Coy and SECOND by Mr. Neglia City Council endorsed the historic Johnny Mays fish house project and urged the County Commission to move forward as soon as possible on a voice vote of 5-0. 7. CONSENT AGENDA All items on the consent agenda are considered routine and wii/ 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 wii/ be removed and acted upon separately. 1-15 A. Approval of Minutes - Regular Meeting 8/24/05 17-19 B. Approval of Minutes - Special Meeting 9/2/05 On MOTION by Mr. Neglia and SECOND by Mr. Burkeen consent agenda items A and B were approved on a roll call vote of 5-0. 8. COMMITTEE REPORTS/RECOMMENDA TIONS 05.181 21-22 A. Tree & Landscape Advisorv Board i. Invitation & Request ReQardinq Tree Clinic (invite) Neil Lagin, Tree and Landscape Advisory Committee member requested City Council's permission to designate champion trees for formal designation by City Council; said an event will take place on October 22, 2005 in the City Hall courtyard at which time Champion Tree certificates will be presented. Discussion took place on the formal Champion Tree designation procedure. The City Attorney said Council could not give the authority to the Tree Board to designate the trees, however, there could be a provision to put a Champion Tree program in the Code, or Council could direct the City Manager to bring nominations for Council to by resolution designating the trees. 36; Ms. Coy asked if this was something that could be in place by Council before October 22nd. Mr. Lagin said there are currently two trees that the committee would like to provide certificates for on October 22nd. Regular City Council Meeting September 14, 2005 Page Four 05.70 23-35 05.14 37-44 05.019 45-55 (j) B. On MOTION by Ms. Coy and SECOND by Mr. Burkeen City Council designated the City Manager to set up a Champion Tree Program working with the Tree Board, that the trees will be recognized by proclamation of the Mayor and the program will be in place before the October 22, 2005 Champion Tree program on a voice vote of 5-0. Code Enforcement Board One Position (City Clerk Transmittal 9/6/05, Code, Application, Ad, List) i. Interview Unless Waived, and Submit Nominations to Fill: a. One Alternate Member Position to Expire 4/1/2006 City Council interviewed Ms. Beck and Mayor McCollum reported that Mr. Valentine could not be in attendance due to a family emergency. Ms. Coy nominated Ms. Beck and being no other nominations, she was appointed. C. Construction Board One Position (City Clerk Transmittal 8/30/05, Code, Application, Ad, List) i. Interview, Unless Waived, and Submit Nomination to Fill: a. One Regular Member Position to Expire 9/30/08(Concemed Citizen} Mr. Neglia nominated Jean Carbano, and being no other nominations, she was appointed. D. Temporary Environmental Advisory Board Two Positions (City Clerk Transmittal 8/30/05, Code, Applications, Ad, List) i. Interview, Unless Waived, and Submit Nominations to Fill: a. Two Alteniate Member Positions to Expire 8/2008 City Council interviewed all three applicants. Mr. Neglia nominated Jennifer Sharp as alternate 1. Ms. Coy nominated James Slattery as alternate 1. 4 Regular City Council Meeting September 14, 2005 Page Five Ms. Monier - Slattery Mr. Neglia - Sharp Mayor McCollum - Sharp Mr. Burkeen - Slattery Ms. Coy - Slattery Mr. Slattery was appointed alternate 1. Burkeen nominated Kristi Yanchis as alternate 2. Mr. Neglia nominated Jennifer Sharp as alternate 2. Mr. Neglia - Sharp Mayor McCollum - Yanchis Mr. Burkeen - Yanchis Ms. Coy - Yanchis Ms. Monier - Yanchis Ms. Yanchis was appointed alternate 2. 9. PUBLIC HEARING - none. 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda Albert McGlone, 422 Easy Street, Sebastian, suggested trading a tractor trailer parked at the compound for purchase of the trucks proposed in the budget. He also recommended that trailer used to tow the police boat should be parked at the officer's home; and asked why the Yacht Club benches and cleaning table haven't been replaced. 11. OLD BUSINESS A. Resolution Re: Sinole-Familv Homes The City Attorney said Resolution No. R-05-18, which lifted the emergency ordinance adopted after hurricanes Frances and Jeanne, could be amended to retain the emergency provision to allow more than one family in a single-family homes. On MOTION by Ms. Monier and SECOND by Ms. Coy, it was approved to maintain relaxation of the single-family exception for people housing hurricane victims for a period of six months which will then be brought back to Council on a roll call vote of 5-0. 5(~-'. 91 e-/ 12. NEW BUSINESS Regular City Council Meeting September 14, 2005 Page Six 05.182 57-60 A. Authorize the Sebastian River Art Club Show at Riverview Park on 10/15/05,11/19/05,12/10/05,1/21/06,2/25/06, 2/26/06, 3/18/06 & 4/8/06 from 10:00 am to 4:00 pm and 50% Reduction in Application Fee- Authorize Show Rain Dates for 10/16/05, 11/20/05, 12/11/05,1/23/06, 3/19/06 & 4/9/06 from 12:00 noon to 4:30 pm (Public Works Transmittal 9/7/05, List, Info) Alice Russell, on behalf of the Sebastian River Art Club, requested a full fee waiver of the permit fee, noting that a former Council had expressed that the Art Club should not have to pay the fee because of its contributions to the City (see her letter dated 9/14/05 attached). Mr. Burkeen expressed his support for the Art Club for their contributions to the City of Sebastian. Discussion took place on the current fees for use, and it was noted that a park permit fee for an event for 75-300 people is $50 and over 300 people is $100 at this time. Ms. Russell said she did not believe that there are more than 300 people at a time at the art shows. Mr. Neglia expressed concern about cars driving into the park. In response to Ms. Monier, it was noted that the Craft Club and Art Club have been conducting shows since the 80's and did not pay fees in the past, however, since these fees are now in effect, new uses are coming in as set out in the current resolution. Ms. Russell said the Craft Club is much larger and many of its members are not local. She said her group does not use electricity. On MOTION by Mr. Burkeen and SECOND by Ms. Monier the request from the Sebastian River Art Club was approved with a 50% discount on a roll call vote of 5-0. The City Attorney advised that parking within the park is allowed by Code when in coordination with the City Manager for a park or special event. @ 6 Regular City Council Meeting September 14, 2005 Page Seven 05.188 61-63 B. Authorize Comprehensive Plan Professional Services Aqreement Amendment with the lIer Group, Inc. in the Amount of $20.473.00 (GMD Transmittal) The City Manager reiterated his explanation in the agenda transmittal and recommendation as set out in his transmittal. In response to Mayor McCollum, the City Manager said the Comprehensive Land Use Plan amendment should be in by the end of the year, and the City Attomey stated that paragraph 4 requires lIer to bring in a completed amendment package by November 18, 2005, which would put the Comprehensive Land Use Plan amendment before Council about February after it goes through proper procedures set out by statutes. On MOTION by Ms. Coy, and SECOND by Mr. Burkeen, Council authorized the Comprehensive land use plan professional services agreement amendment with the lIer Group in the amount of $20,473 from contingency funds on a roll call vote of 5-0. 05.183 65-88 C. Award Contract to Preferred Governmental Insurance Trust in the Amount of $145,548.00 for the 2005/06 Property. Casualty and Liability Insurance Proqram and Authorize Staff to Execute Same (Finance Transmittal 9/2/05, Exhibits A & B) On MOTION by Ms. Monier and SECOND by Mr. Burkeen, the contract to Preferred Governmental Insurance Trust in the amount of $145,548.00 for the 2005/06 Property, Casualty and Liability Insurance Program was approved on a roll call vote of 5-0. /--,\ 7 / /1 \ b Mayor McCollum called recess at 8:18 p.m. and reconvened the meeting at 8:24 p.m. All members were present. 05.185 D. Resolution No. R-03-35 - Fischer Lake Island Phase Seven Final Plat (Growth Manaqement Transmittal 9/7/05, R-03-35, Application. Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS FISCHER LAKE ISLAND, PHASE SEVEN; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. The Growth Management Manager presented the application on behalf of staff, noting the final plat is in compliance with the preliminary plat, and all improvements have been completed, all reviews have been conducted, and recommended approval. 05.017 95-112 E. Resolution No. R-05-36 - Sebastian River Landinqs Phase Two Final Plat (Growth Manaoement Transmittal 9/7/05. R-03-36, Application. Performance Bonds, Non-Monotonous Map, Plat Under Separate Cover) Regular City Council Meeting September 14, 2005 Page Eight On MOTION by Mr. Neglia and SECOND by Mr. Burkeen, Council adopted R-03-35 on a roll call vote of 5-0. A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SEBASTIAN RIVER LANDING PHASE TWO; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. The Growth Management Manager presented the application on behalf of staff, noting that there is a non-monotonous clause which is included in the backup, said improvements have not been completed therefore two separate bonds have been posted in accordance with the Code, one for the sidewalks and one for all other improvements, which has been accepted by the City Engineer and City Attomey, and recommended approval. The City Manager introduced Gary Ament, the new Growth Management Director, briefly describing his education and background. City Council welcomed him. In response to Mr. Neglia, Pete Fraccaroli, KB Homes, said asphalt will be 1 Yo" throughout the community. Ms. Monier said she is seeing too much of a similarity in the home. styles in Phase I and hoped this would not occur in Phase II. The City Attorney said this non-monotony clause states you cannot have the same elevation side by side, but the clause was not in the first phase. The Growth Management Manager said the final plat meets all the provisions of the preliminary plat. On MOTION by Ms. Monier and SECOND by Mr. Burkeen, Council adopted R-03-36 on a roll call vote of 5-0. 05.032 113-117 F. Developers Aoreement Powerline Road The City Attorney presented the developers agreement for Council consideration, noting the condition was for them to pay half the cost of Powerline Road. @ 8 Regular City Council MeeUng September 14, 2005 Page Nine He said he had also changed the agreement to have the escrow interest to go toward the project. Mayor McCollum expressed concern for who has control of the agreement, citing paragraphs 3.0. The City Attorney said this is standard language for an escrow agreement and noted the inclusion of paragraph 9.0. Mayor McCollum also objected to the seven-year time limit because .it was never set out by Council; and said he would rather do this as soon as possible so that there is $153,000 available to do it and do it while that amount is worth something. The City Attorney said the time limit could be changed, however, he believes it is the intent of the City to do this as soon as possible. The City Manager said the City has funds in DST and gas tax , which could be made available. He said he would have to come back with an allocation request to allocate and restrict the funds, and the City Attorney said the Capital Improvements program would have to be amended to include this. Mayor McCollum suggested that the City Manager bring this back in the next month or so with financial ideas so Council can debate it and approve the funding in the budget. Mr. Neglia asked if DST and gas tax funds can be combined for this as long as Council amends its capital improvement program. The City Manager responded to the Mayor that he was confident this could be done soon. On MOTION by Mr. Burkeen and SECOND by Ms. Monier the developer's agreement with Clark Development Company for Powerline Road was approved on a roll call vote of 5-0. 05.032 119-133 G. Resolution No. R-05-37 - Ashburv Subdivision Final Plat (Growth ManaQement Transmittal 9/7/05, R-03-36. Application, Performance Bonds. Non-Monotonous Map, Plat Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS ASHBURY SUBDIVISION; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. The Growth Management Manager presented the application on behalf of staff, noting that there is a non-monotonous clause in the subdivision by-laws which is included in the backup, said improvements have not been completed therefore they have posted two separate bonds in accordance with the Code, 9 (!V one for sidewalks and one for all other improvements, and cost estimates have been accepted by the City Engineer and the security is acceptable to the City Attorney. Regular City Council Meeting September 14, 2005 Page Ten Ms. Coy asked what control the City has over this development with the non- monotony issue in the developer's covenants. The City Attomey said he believed that the preliminary plat was approved with a non-monotony clause. Ms. Monier's concem was that the City could not enforce a condition of a covenant. Ms. King said if the condition was included in the preliminary plat it could be enforced by the City. The City Attomey said the covenants show how they are going to bind the buyers to the clauses, and is a notice mechanism to prevent someone from doing other than what is in the covenant. Ms. Coy also expressed concem for the planned berm instead of the previously approved conservation easement, citing covenant provisions for lots 82-87, which are not as she recalls were presented. Ms. King said their construction drawings reference a six foot opaque vegetative buffer within the 25 foot buffer. Robert Robb, South Wickham Road, Melbourne, representing the applicant, said he talked to each lot owner of Orange Heights abutting the property and was told they wanted a three-foot berm and place vegetation on top of the berm and he submitted this plan. Ms. Coy said she would like to know who he spoke to in Orange Heights, and noted that all vegetation abutting that area is dead. She said she sees conflicts in what is in the by-laws and what is being said tonight. Mr. Robb exhibited the three-foot tall berm which will span the 25 foot conservation easement; said the person who bought Ms. Coy's property called him and he met with each property owners between lots 82 and the entranceway, and all of them preferred a berm. He said this drawing had been submitted to the City. Ms. Coy said this new plan looks nothing like what Council has seen previously and Mr. Robb said nothing on the plat has been changed; and that they are proposing to put a three- foot berm on existing specimen trees which she believed would kill the trees. Mr. Robb further described their efforts to retain trees. @) 10 Regular City Council Meeting September 14, 2005 Page Eleven On MOTION by Ms. Coy and SECOND by Mr. Neglia Council approved delay of this item until October 12 on a roll call vote of 4-1 (Monier - nay). Ms. Coy said she needs further information from Coy Clark Inc., including data that they used and dates when Growth Management received what was presented tonight on the screen. 05.186 135-137 H. First Readinq of Ordinance No. 0-05-19 - Eminent Domain - Place Referendum Question on March Ballot - Set Public Hearinq and Final Adoption for 10/12/05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO LIMIT THE ABILITY OF CITY TO UTILIZE EMINENT DOMAIN FOR ECONOMIC DEVELOPMENT PROJECTS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; PROVIDING FOR EFFECTIVE DATE. The City Attomey read the ordinance for the first time by title. In response to Jim Weber, the Mayor said this is for private development, and the City Attomey said the Supreme Court decision simply allows cities to do this. Mr. Weber objected to use of eminent domain and urged Council not to waste its time. Ms. Monier said she doesn't feel the right to take someone's property at any time, and would rather hear from the public about how they feel about eminent domain. She said she would rather this Council say it would not take eminent domain. The City Attomey said the issue considered was over economic development, that traditional use of eminent domain occurred over roads or other public projects, and there are times when it is absolutely necessary. He said when this was first discussed it was said a unanimous vote would make it clear that the sitting Council thought it would be a good idea, that Council could put language in the charter that the city would not do this for economic redevelopment, but would advise against simply banning any use of eminent domain. n@ Ms. Monier again asked that the question be to ask people what they feel about eminent domain. He suggested altemative language as follows: "The City shall not use the f . t d' " powero emlnen omaln.............. Mayor McCollum agreed with changing the language to ask the public, and asked if the public hearing can be moved to October 26th and everyone agreed. Regular City Council Meeting September 14, 2005 Page Twelve The City Attorney said he is not currently certain that you could use eminent domain like that in Florida anyway, and said it is against the law to take if it is not for a public purpose. The City Attorney said if people voted that they did not want eminent domain, it would be in the charter. Mr. Burkeen said he would not ever want to be in a position to take anyone's property, but would not want to tie the hands of future councils if the need arises. Ms. Coy said people have told her that they do not want to ever see eminent domain used, nor does she. In response to Mr. Neglia, the City Attorney said under Florida law we could not go into residential as feared, and outside of a CRA it could not be done for economic development. On MOTION by Ms. Coy, and SECOND by Mr. Neglia, Ordinance No. 0-05-19 was approved on first reading with the change to the language as discussed and the change in the public hearing date to October 26, 2005 on a roll call vote of 5-0. Mayor McCollum requested the revised ordinance be sent to the City of Vero Beach Council and Attorney. 13. CITY ATTORNEY MATTERS The City Attorney suggested sponsoring Gautier, Mississippi, which was devastated by Hurricane Katrina, as a sister city due to its similarities to Sebastian and he said would contact them and come back with further information by the next meeting. Mayor McCollum said maybe all fund raising activities can be dedicated to one place. Ms. Monier said if we do adopt a city, we need to stick with them through the entire timethat they will need help. 14. CITY MANAGER MATTERS - None tJ9 12 Regular City Council Meeting September 14, 2005 Page Thirteen 15. CITY CLERK MATTERS The City Clerk requested addition of an item to for City staff to conduct a fund raiser for Brian Green (see memo attached). On MOTION by Mr. Burkeen and SECOND by Ms. Coy the request was added to the agenda on a voice vote of 5-0. On MOTION by Ms. Coy and SECOND by Mr. Burkeen the request was approved as presented on a voice vote of 5-0. The City Clerk requested concurrence with an invitation for a joint meeting with the Board of County Commissioners at the Richardson Center on November 17, 2005 from 2 pm to 4 pm. All City Council members except Ms. Monier said they would be available. 16. CITY COUNCIL MATTERS A. Mr. Burkeen - None B. Ms. COY Ms. Coy requested an item on the agenda an update by the City Manager on CRA activities. The City Manager said this could be added to the next bUdget workshop, however, it was decided to conduct a CRA meeting at 6 pm before the September 28th regular meeting. C. Ms. Monier - None D. Mr. Nealia Mr. Neglia asked if the City would also be interested in sponsoring Long Beach, Mississippi to coordinate with SI. Sebastian Catholic Church, which is sponsoring SI. Thomas Catholic Church in Long Beach. A brief discussion took place on the funds made available for emergency needs at the Special Meeting on September 2nd. 13@ Mr. Neglia reported on garbage bag pickup along 512, noting filled bags are still there and they are ripping. Mr. Neglia said park use provisions need revision. E. Mavor McCollum Regular City Council Meeting September 14, 2005 Page Fourteen The City Manager said he had met with the City Attorney, City Clerk, and Public Works staff regarding revisions to the park use resolution and the City Attorney will redraft it, staffwill reconvene soon and bring it back to Council. 05.187 i. Endorsement of Historic Fish House This item was discussed earlier in the meeting. Mayor McCollum reported on today's MPO meeting where a report on the 20/30 year transportation at which there was discussion of four laning of Barber Street. He said the Laconia extension was not included because they could not find a true enhancement of traffic flow by extending Laconia to 510 and they are going to reexamine and put it in the next capital program if it is valid. He said the other item they discussed four laning Barber Street they said the City has suggested four-Ianing it, they asked if there is enough property to four lane and we discussed three-Ianing which they felt could work and would go back and look at it again. He said they are going to three-lane Roseland Road so we wil have to look at large developments at airport and may need traffic studies; and that CR 510 four-Ianing is expected to be completed by 2010. He said the funds in the proposed budget for surveying of Laconia should probably be put on hold for now. The City Manager said he will be talking to Council about other areas where gas tax funds can be spent while the Laconia issue is worked out. Mayor McCollum said Fleming Street is still in the plan. Mayor McCollum said MPO will research what environmental issues exist for Laconia and what mitigation costs might be. The City Attorney said committee members are permitted to send one-way communications to other committee members. 17. Being no further business, the regular meeting adjourned at 9:58 p.m. Approved at the September 28, 2005 Regular City Council Meeling. ATIEST: Nathan B. McCollum, Mayor Sally A. Maio, MMC City Clerk @ 14 .. ~ '" loll .. _..-.;;;: _ , ~ ~ .:-~-, =-- '~ ,.: =~-~~--~ -:.--;: ,-, -.., ~- -"~.~ ~ ..,.-- '-~ - "'" OJY OF HOMEOFPEUCAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES FISCAL YEAR 2005/2006 BUDGET HEARING TUESDAY, SEPTEMBER 20, 2005.6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the Special Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Airport Director, Jason Milewski Building Director, Wayne Eseltine City Engineer, David Fisher Finance Director, Shai Francis Golf Course Director, Greg Gardner Human Resources Director, Jim Sexton Recreation Supervisor, Chris McCarthy MIS Systems Analyst, Barbara Brooke @ 4. FINAL ADOPTION HEARING ADOPTING MILLAGE AND FY 2005/2006 BUDGET Special City Council Meeting September 20, 2005 Page Two 05.110A 1-4 A. RESOLUTION NO. R-05-38 - Millaae Rate for Calendar Year 2005 (Finance Transmittal. DR Certification of Taxable Value, R-05-38) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 3.9325 MILLS FOR THE CALENDAR YEAR 2005 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006; PROVIDING FOR CONFLICTS;. AND. -". PROVIDING FORAN EFFECTIVE DATE. - The City Attorney read Resolution No. R-05-38 by title. The City Manager recommended approval of the budget, however, discussed the issue of the skateboard park and the proposal to remove budgeting for skateboard staff, noting that staff would take its direction from Council. He said staff originally proposed not to budget the skateboard park, in an attempt to look at everything in the budget that we could live without in an effort to get to rolled- back rate. He said one of the items considered was the removal of budgeting for skateboard staff, which would save the City approximately $13,000, and would resolve some operational issues that had been dealt with in the past. He said there has been a public outcry to retain that service, wanted to bring this to City Council's attention, and should Council want to retain the positions, the money is there due to higher contingencies than necessary. Mayor McCollum opened the public hearing at 6:08 p.m., however there was no one who wished to offer input, so he closed the hearing. Ms. Monier said she would like to keep a higher millage at this time to accommodate stormwater issues and in the event of higher insurance costs next year. The City Attorney announced that the proposed millage rate of 3.9325 is 6.3% higher than the rolled-back rate of 3.6996. On MOTION by Mr. Neglia, and SECOND by Mr. Burkeen, Resolution No. R-05-38 was adopted on a roll call vote of 4-1 (Monier - nay) (i0 .~ 2 Special City Council Meeting September 20, 2005 Page Three 05.110B 5-12 B. RESOLUTION NO. R-05-39 - Fiscal Year 2005/2006 Budqet (Finance Transmittal 9/12/05. R-05-39. Schedule A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS OF THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CIlYS GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLf COURSE FUND, AND AIRPORT FUND, AND BUILDING DEPARTMENT FUND .AS PROVIDED FOR IN SCHEDULE "A" ATTACHED HERETO,' ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR' CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-05-39 by title. The City Manager said bids for the stormwater project are ill and being reviewed, noting we will be right at or near our budgeted figures, and he will have a good figure at the next meeting. Mayor McCollum opened the public hearing at 6;12 p.m., however there was no one who wished to offer input, so he closed the hearing. Ms. Monier said for safety reasons, she would like to fund the attendants. The City Manager said he does not want the publiC to have the impression that the activity is any safer because there are attendants there. Mayor McCollum thanked the City Manager and staff for their efforts on this budget. Mr. Burkeen and Ms. Coy agreed with maintaining skateboard attendants. Ms. Coy asked about spam control software needed to protect the City; and the City Manager responded he would get with the Finance Director to utilize funds left over in fiscal year 2005 and would bring back the purchase approval to Council on September 28, 2005. Mr. Neglia agreed with maintaining skateboard personnel. On MOTION by Mr. Burkeen and SECOND by Mr. Neglia Council gave the City Manager authority to add back in the skateboard attendant program on a roll call vote of 5-0. 3@ @ 4 Special City Council Meeting September 20, 2005 Page Four Mr. Neglia discussed the following issues: o Objection to the Police Department overtime $15,000 and clothing allowance of $22,434. o Police Department support services and whether they get a clothing allowance The Human Resources Director said civilians do not get the allowance. o Noting there is!,! total of over $231,000 clothing allowance f,;;rthe whole City. o Question about the Engineering Department temporary employee. The City Manager said this was for the engineering interns. o Stormwater overtime going down good . Objection to the proposed Recreation Leader for Parks and Recreation . Increase in Storrnwater operating expenses The City Manager noted that the increase goes back to contract mowing services. . Question about CRA parking spaces The City Manager said Council will meet as the CRA to consider the CRA budget ancl noted the parking spaces are intended to give people better access to the district, and they are proposed in compliance with the LOR. MOTION by Mr. Neglia and SECOND by Mr. Burkeen not to fund the Recreation Leader position. The City Manager justified the position due to increase in Recreation services and when Ms. Falzone is not here services fall short. MOTION failed on a roll call vote of 1-4 (Neglia _ yes) On MOTION by Mr. Burkeen and SECOND by Ms. Coy Resolution No. R-05-39 was adopted as amended (to direct the City Manager to include the skateboard attendant program only) 4-1 (neglia _ nay) Special City Council Meeting September 20, 2005 Page Five 5. OTHER FISCAL MATTERS 05.189 13-23 A. RESOLUTION NO. R-05-34 - Readoptinq Financial Policies (Finance Transmittal 9/12105. R-05-34. Attachment 1 - Policy) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, READOPTING MODIFIED FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN ATTACHMENT 1; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-05-34 by title. On MOTION by Ms. Monier and SECOND by Mr. Neglia, Resolution No. R-05-34 was adopted on a roll call vote of 5-0. Mayor McColllum requested addition of an item for the City Attorney regarding use of office space by a state representative. On MOTION by Mayor McCollum and SECOND by Ms. Monier the item was added to the agenda on a voice vote of 5-0. Mr. Neglia said staff worked hard, and most got what they needed, we lowered the millage rate but asked that City staff be rnore conservative and frugal, watch fuel and electricity costs and that all find ways to conserve wherever possible. Office for Representative Poppell The City Attorney asked Council if they would allow State Representative Poppell to use the library within his office suite three days per week with staffing, noting that he did not have funding because it is used up by staffing. On MOTION by Ms. Coy, and SECOND by Mr. Burkeen use of the office within the City Attorney's office by Representative Poppell was approved on a voice vote of 5-0. 6. Being no further business, Mayor McCollum adjourned the Special Meeting at 6:38 p.m. Approved at the City Council Meeting. Nathan B. McCollum, Mayor ATTEST: Sally A. Maio, MMC - City Clerk 5/];', ~ @ !iOME Ol' PEUCAN ISlMltl AGENDA TRANSMITTAL Subject: Agenda No. t/5> I g- J CHAMPION TREE PROPOSAL . Department Origin: Finance Dept.: General Services: City Attorney: City Clerk: Date Submitted: For Agenda of: Exhibits: EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY At the September 14, 2005 Council meeting, Mr. Neil Lagin represented the Tree and Landscape Advisory Board. The Board would like to propose a program whereby the outstanding tree of each species is recognized in order to promote and protect the community's natural beauty, environment and landscape. The program would be formally known as the "Champion Tree" recognition. During discussion of this matter, Mr. Lagin advised that the Board would create Champion Tree criteria and bring nominees to the Council for review. Subsequently, Council would evaluate the nominees and formally move to award the recipient with a "Champion Tree Proclamation". As further discussed, Council requested that the program be formalized and that the Board work with the City Manager in that effort. For your consideration, is a resolution, which authorizes the City Manager and Tree/Landscape Advisory Board to establish regulations for such program. The resolution is written in such a manner to give the Board and the City Manager flexibility in creating program award criteria and framework. However, it leaves the Council as the final authority to review all petitions for the Champion Tree designation before said proclamation is issued. RECOMMENDED ACTION Approve resolution allowing the City Manager and Tree/Landscape Advisory Board to establish a Champion Tree award program in which the City Council will award recognition proclamations. (j!) RESOLUTION NO. R-05-42 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A CHAMPION TREE AWARD PROGRAM; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, trees are an important part of our community as evidenced by our local policies and comprehensive plan WHEREAS, to that end, the City Council created a Tree and Landscape Advisory Board to protect and promote the City of Sebastian's horticultural values; and WHEREAS, the City Council, based on the recommendation of the Tree and Landscape Advisory Board, wishes to promote preservation and recognition of Sebastian's outstanding trees by awarding a citywide Champion Tree designation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. The City Council hereby authorizes the City Manager and Tree and Landscape Advisory Board to create a City of Sebastian Champion Tree Program, whereby owners of specific qualifying trees shall be recognized by a Proclamation of the Mayor. Section 2. Guidelines. The Tree and Landscape Advisory Board and City Manager shall adapt the guidelines of the state Champion Tree program to guide the Board in the nomination of Champion Trees. Section 3. Award. The City Council shall review Champion Tree nominations from the Tree and Landscape Advisory Board and shall, on a majority vote of Council, recognize Champion Trees for award of a Proclamation. Section 4. Effective Date. This resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice Mayor Brian Burkeen Council Member Lisanne Monier Council Member Andrea Coy Council Member Sal Neglia The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of September, 2005. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Nathan B. McCollum, Mayor Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: @ Rich Stringer, City Attorney HOME 01' I'WCJlN ISlAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Purchase of Trailer Mounted Generator Agenda No. OS::I9z. Department Origin: Pu 'c WO:.ks. ;/. /J Department Head: _ ~ Finance Director City Attorney: City Clerk: Date Submitted: 9/8/05 For Agenda of: 9/28/05 Exhibits: Price Quotations EXPENDITURE REQUIRED: $13,500 AMOUNT BUDGETED: $16,000 APPROPRIATION REQUIRED: $00 FUNDING SOURCE: General Fund SUMMARY The Public Works Department has a trailer mounted generator budgeted for fiscal 04-05. This generator will be used for special events and any emergency situations, which may arise throughout the City. Nations Rent submitted the lowest price out of the three offers attached. The manufacturer's representative demonstrated a generator, similar to the unit proposed by Nations Rent, last year at the Public Works Compound and it conforms to the City's needs and requirements. RECOMMENDED ACTION Move to waive sealed bid procedures and approve the purchase of one trailer mounted generator from Nations Rent in the amount of $13,500. @ 5390 S US 1 Fort Pierce, FI 34986 BiiI Dirienzo Phone 772-216-4199 Fax 772-464-0147 FAX TRANSMITTAL FORM -~"""""'--~~~- To: City of Sebastian-Public Works Name: Jeny Converse CC: Phone: 772.{i89-5490 Fax: 772-589-6209 From: Bill Dirienzo Dale Sent: 8129105 Number of Pages: 3 Quotation Model Description Price DCA-25SSIU2 Multiquip 25 KW Trailer Mounted Generator $13,500. Please specify pintle or ball hitch Following is a copy of the same generator ( 3 ) sold to South Daytona Beach on 4/29/05. You should be able to piggyback off theirs. Please lei me know if you need more documentation. Thanks, Bill Dirienzo NationsRent 772-216-4199 @ t1.~( /: pi .:..JOe- ~))7 ~31CJO a,~ ~II? ~ '-~l' ~311 ",,,1- " MQ Po'Wer specializing in portable power generators Page 1 of HOME Product Brochures Operations Manuals All Whisperwatt SinglefThree phase models DCA-25SSIU DCA-45SSIU2 DCA-60SS12 DCA-70SSJU2 DCA-85SSJUC DCA-l00SSVU DCA-150SSVU DCA.220SSVU DCA.300SSK3 DCA-400SSK3 DCA-400SSV DCA-600SSK DCA-800SSK Back to Whlsperwatt Generators Mon, Aug, 29,2005 PRODUCTS NEWS & EVENTS SALES & SERVICE DCA-25SSIU The WhisperWatt line of portable generators has thrived with a revolving field, self-ventilated, drip-proof, single bearing design. The DCA-25SSIU sports 27kVN22kW standby output and 25kVN20kW prime output. The generator is powered by a 4- cylinder, 31-horsepower isuzu C240 diesel engine and the unit controls voltage regulation to +/-1 percent no load to full load. Sound level is an impressive 65dBA full load at 23 feet while the generator has a 17-gallon (65 liters) fuel tank. Performance Data Standby Output Prime Output Generator RPM Generator Design Voltage Regulation - (No Load to Full Load) Power Factor Armature Connection Excitation No. Poles Frequency Available Voltages ~ 3 Phase Available Voltages - Single Phase Amps - Single Phase 120V Amps - Single Phase 240V Amps - Three Phase 240V Amps - Three Phase 480V Insulation Sound Level dB{A) - Full Load at 23 feet Power Source Engine Make' Model Dimensions Overall Length Overall Width Overall Height Appro.. Net WI. Dry CONTACT US PARTS LIBRARY 22 kW, 27 kVA 20 kW, 25 kVA 1800 RPMs Revolving Field Self-Ventilated Dip-Proof Single Bearing 1% 0.8 . Star with Neutral I Zigzag Brushless with A VR 4 Pole 60 Hz 208,220,240,416,440,460, 480V Switchable Volts 120,127,139,240,254,277 Switchable Volts 55.5 (4 Wire) 60x2(Zigzg) Amps 27.8 (4 Wire) 60 (Zigzg) Amps 60 Amps 30 Amps Class F 67 dB(A) isuzu C240 77 in., 195 em 30 in. , 75 em 39 in. , 100 em 15431bs. ,700 kg. Copyright 2005 Multiquip Inc. HOME:! t-IEWS & EVENTS I WARRANTY!CONTACT US I PARTS! LEGAL NOllCES @ http://www.multiquip.com/mqpower/pages-products/whisperwattlthree-phase/DCA-25SSIU .html 8/29/2005 Customer Number Customer Name Job Address ____Qt OW.OOO_.__."_'.' //....... _....... ._.."_~""'I 720 SOUTH NOVA RD. ORMOND BEACH. FL 32174 Phone 386-671-0904 Fax 386-671.7023 MON.FRI 7AM-SPM SAT 7AM.12PM Remit To: 5600148 NationsRent, P.O. BOX 281961 25787 CITY OF S.DAYTONA - PUBLIC WOR POBOX 214960 DAYTONA BEACH, FL 32121 SOUTH DAYTONA FLORIDA P.O. BOX 214960 DAYTONA BEACH, FL 32121 ment # 1 401510 CC: 045-0025 GENERATOR 25KW - 29KW TOWABLE Make: MULTIQUIP Model: DCA-25SSIU2 1 401511 CC: 045-0025 GENERATOR 25KW - 29KW TOWABLE Make: MULTIQUIP Model: DCA-25SSIU2 1 401513 CC: 045-0025 GENERATOR 25KW - 29KW TOWABLE Make:MULTIQUIP Model: DCA-25SSIU2 111vtilci!# IQY.MC'QQ~t~ 1.o553Q'.o001 'lIg~}g5 . Entered By Closed By Salesman LAUREN POZSONYI LPOZSONYI 50054 CRUZ, ROBERT B EQUIPMENT SALE ..9:ffi~:~. .Job"" ATLANTA, GA 3.0384-1961 1. SOUTH DAYTONA Fl ..... 386-322-3080 386-322-3084 o......~, SALERNO, FRANK 13500.00 13500.00 Serial #: 13500.00 3755377-11976 13500.00 Serial #: 13500.00 3755376-12153 13500.00 Serial #: 3755458-11980 Sub-total: 40500.00 Total: 40500.00 By CUS10mer demand, NalionsAent delivers this equipment to cuStomer's agent at the customer's designated site, and makes availabla the opportunity for IfIllll~iale operator familiarinltionltraining. Customer is C<lulioned 10 accept the Company's Offer for operator famiHarizationJtraining and to avoid all upP\lrtunltles where untrained persons mBy cause this equipment to be used or operated. The customer's signature on this Remal Comract indicates their ,,"c1I!r~I<"'dulg of and acceptance of responSibility lor operator training requirements as required by applicable local, state and federal regulations. Delivered By Due Upon Receipt Date RElVIltto: Ji!i!tlonsRent P,O, BOX 281961 ATlANTA,GA 30384~1961 . A FEE OF 2.Q.% WJ:lL",BJ;"-_C.M:ARGEJl:Q:r'rp'>~LPA;~T:;P9~.:AP-qQ):J~_Jj:.' I HAVE READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS ON THE FRONT AND REVERSE SIDE OF THIS CONTRACT. I ACKNOWLEDGE RECEIPT OF THE EQUIPMENT DELIVERED IN GOOD QRDER, AND A COPY OF THIS CONTRACT. IF OTHIiR THAN-CUSTOMER, SIGNER REPRESENTS THAT THEY ARE THE AG6NT OF, AND AUTHORIZED TO SIGN FOR CUSTOMER. THIS CONTRACT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND US, AND THERE ARE NO ORAL OR OTHER REPRESENTATIONS OR AGREEMENTS NOT INCLUDED HEREIN. NONE OF THE TERMS OR CONDITIONS OF THIS CONTRACT MAY BE AMMENDED OR MODIFIED, EXCEPT IN WRITING,SIGNED BY COMPANY AND CUSTOMER, AND MADE A PART OF THIS CONTRACT. CUSTOMERS WILL BE CHARGED FOR ALL TIRE REPAIR OR REPLACEMENT AND FOR RETURNING EQUIPMENT WITH LESS THAN A FULL TANK OF FUEL. CUSTOMER HEREBY AUTHORIZES COMPANY TO SEND ADVERTISEMENTS AND SOllCI ONS TO CUSTOMER BY FACSIMILlE TRANSMIS;SION OR OTHERWISE. RENTAL RATES BASED ON B WORKING HOURS PER DAY, 40 HOURS PER WEEK, 160 HOU PER OUR WEEK PERIOD. OVERTIME CHARGED ON OVERAGES. Date Page: 1 SAk~ffl1:iRnf~~~ond logo. and '-800 No Sweat are registered service marks of NationsRent West. Inc. (e) 2000.2001 NationsRent West Inc, All rights reserved ,OPSAlE nu'...'''1\,.1'..... :::t.....".....I'..n.VI~ ..JVULlIYV'I.;;.,;:)L IIOUIII':I \..CIJIC:;:' lilt:: lUll III It: UI IVIUIL.. t"age 1 or L IIMUltlqUip diesel generatorll DCA25SSIU Shown with Optional Trailer Mount MSRP: $16,900.00 Your Price: $12,280.00 FREE SHIPPING! Anywhere in the Continental USA! Lift Gate Charges Extra. refi! Add to Your =- SHOPPING CART EQUIPMENT LEASE. O!"'''ION CL,tc ::~r::."\(t!, <I eLease IIMUltiqUip diesel generatorll PERFORMANCE DATA Standby Oulput J<:W Prime Output I<W Generator RPM Frequency Insulation Sound Level dBA - 23 ft - full load Amps - Single Phase 120V Amps. Single Phase 240V Amps. Three Phase 240V Amps. Three Phase 480V Voltage - Single Phase Voltage - Three Phase Number of Poles Excitation Armature Connection Voltage Regulation Power Factor Generator Design POWER SOURCE Displacement eu in (ee) Bora x Stroke (mm) Fuel Consumption - Full Load Fuel Consumption - 3/4 Load Fuel Consumption -1/2 Load Fuel Consumption - 1/4 Load Engine Coolant Capacity Fuel Tank Capacity Battery Engine Design Engine Model Engine HP / RPM Oil Capacity Engine Make Starting System No. Cylinders DIMENSIONS Overall Height - in (em) Overall length - in (em) Overall \Nidth - in (em) Apprmc Net Weight- Ib (kg) OPTIONS Automatic Start/Stop Control Electronic Governor Control Banery Charger Engine Pre-Heater DCA25SSIU 22kW 20kW lBOO 60Hz Class F 65 55.5A (4 wire); 60 x 2 (zigzag) 27.8A (4 wire); 60A (zigzag) 60A 30A 120,127, 139, 240, 254. 277Volls- Switehable 208,220,240.416.440,480 Volts- Switchable 4-Pole Brushless w AVR Star with Neutral/ Zig Zag +/.1.0% O.B Revolving field, self-ventilated, single bearing 145 (2369) 86 x 102 1.7GPH -10.11 Hours 1.3 GPH - 13.23 Hours o.g GPH -19.11 Hours 0.6 GPH - 28.66 Hours 2.9 Gallons 17.2 Gallons 12V 70Ah xl 4 Cycle Waler Cooled. SWirl Chamber C240 31/1800 1.45 Gallon lsuzu EleclJic 4 39 (99) 78 (198) 29 (74) 1544 (700) Option Option Option Option GENERATOR OPTIONS - DCA25SSIU 1$299.00 - MQPHEAT Direct Immersion Engine Pre- Heater. II ~Add~ http://www.southwestfastener.com/productsMQgeneratord1.htm 9/7/2005 ~ . .........."1........ ~'-II'-IIL.I\..VI~ .,JUUl,.IIVVc:;:Jl.. IIQUJlI~ l.alllt::~ L1le IUllllrle or IVIUIt... page L or L I ~MdW 11$1,235.00 - MGPECU Automatic start-stop control 1 I ~-W 11$559.00 - MQPBC Battery Charger (3 Amp) I I ~ Add W 1$1,598.00 - MQPEGSI Electronic Governor with Idle Switch . IIMUltlqUIP diesel generatorll IIMUltlqUIP diesel generatorll OPTIONAL TRAILERS OPTIONAL TRAILER TRLR50 Fuel Cell Depends on Option DCA25SSIU Brake System No Brakes Surge GVWR 2700 Frame Length 124 inches Frame\Nicfth 55 Inches TRLR50W - No Fuel Cell Coupler 2'" ball adjustable . 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Vieiro/Joe Hilt Requested Ship 09/07/2005 Carrier No 18643 Best Way Entered by JSANDOVAL Currency USD Delivery PPC Prepay/Charge Frt Payment Terms Cash in advance Payable immediately without deduction Date 09/07/2005 Date Availability is subject to stock on hand at the time purchase order is received. Quote is valid for 30 days from issue date. 0010 DCA25USIC A210 1 1.000 22,145.00 13,747.62 13,747.62 Generator,3 Phase - 25KVA ULTRA SILENT ... WITH 42 GALLON CONTAINED FUEL TANK'" Estimated Ship: Contact us Sub-item 000011 belongs to item 0011 WHITE A210 1.000 Unit painted white Estimated Ship: Contact us 0020 TRLR25US A210 1.000 2,050.00 1,272.64 1,272.64 TRAILER - DCA2SUSI Estimated Ship: Contact us Sub-item 000021 belongs to item 0021 BALL A210 1.000 Ball Hitch Required Estimated Ship: Contact us 0030 FREEMOUNTING A210 1.000 Mounting at No Charge Estimated Ship: Contact us 0040 FREIGHT A101 1.000 1,200.00 1,200.00 1,200.00 Freight Estimated Ship: Contact us Items total 16,220.26 T DIal amount 16,220.26 ~ MULTIQUJP MUlnaUIP INC. 18910 WILMINGTON AV8IIUE. CARSON, CA 90746 POST OffiCE BOX 6254 . CARSON, CA 90749 (310) 537-3700 .8001421-1244 . FAX: (310) 537-3927 Quotation &l;'~;~~{f;~i.ii~ City .of Sebastian Jesus Vieiro 5723 Whitewood Avenue LAKEWOOD CA 90712 Order # 20146928 Purchase Order # J. Vieiro/Joe Hilt Date 09/07/2005 Date Contact: Jesus Vieiro City of Sebastian Delivery: DCA25US - End of October FReight from Danville Ky 40422 to Sebastian FL 32958 - $1200.00 @ '~ MULTJQUIP MULllQUIP INC. 18910 WILMINGTON AVENUE. CARSON, CA 90746 POST OFFICE BOX 6254 . CARSON, CA 90749 (310) 537-3700 .800/421.1244 . FAX: (310) 537-3927 Quotation City of Sebastian Jesus Vierio S723 Whitewood Avenue LAKEWOOD CA 90712 ~~~j~~<~; -""':;.:::~lc~I~.~~~~~.. =~ Cash Sales - MOP Units Quotation # 20146817 aT Purchase Order # J, Vieno/Joe Hilt Requested Ship 09/06/200S Carrier No 18643 Best Way Entered by JSANDOVAL Currency USD Delivery PPC Prepay/Charge Frt Payment Terms Cash on Delivery Within 1S days without deduction Date 09/06/200S Date Availability is subject to stock on hand at the time purchase order is received. Quote is valid for 30 days from issue date. 0010 DCA2SSS12C A210 1,000 18,91S.00 11,742.43 11,742.43 Generator Three Phase-25KVA TIER 2 Estimated Ship: 09/06/0S 0020 WHITE A210 1,000 Unit painted white Estimated Ship: Contact us 0030 TRLRSOXF A210 1.000 2,700,00 1,676.16 1,676.16 Trailer WjFuel Cell DCA25SSIU Estimated Ship: 10/0S/0S Sub-item 000031 belongs to item 0031 BALL A210 1.000 Ball Hitch Required Estimated Ship: Contact us 0040 FREEMOUNTING A210 1.000 Mounting at No Charge Estimated Ship: Contact us 0050 FRBGHT A101 1.000 1,200.00 1,200.00 1,200.00 Freight Estimated Ship: Contact us Items total 14,618,S9 Total amount 14,618.59 .~ MUL11QUIp MUlTIQUIP INC. 18910 WILMINGTON AVENUE. CARSON, CA 90746 POST OFACE BOX 6254 . CARSON, CA 90749 (310) 537-3700 .600/421.1244 . FAX: (310) 537-3927 Quotation :f~i'k;~t::r;:::'f;:if,J:'\f:~~4~~\":~~f~'i;{t:N'j-;~ a:l6ii~meffl~onnan ")};S~";);.'H:':'*'i~:ttt.:,'."'-'!',8,:;'''"'"/,,\"/,,,, Order # 20146817 Purchase Order # J. Vierio/Joe Hilt Date 09/06/2005 Date ,(~i~[b City of Sebastian Jesus Vierio 5723 Whitewood Avenue LAKEWOOD CA 90712 Contact: Jesus Vierio jvierio@city of Sebastian.org delivery: DCA25SS - Mid October Freight from CArson CA 90220 to Sebastian FL 32958 DCA25SS - $1200.00 @ HOMt Of PWCI\N IS1ANJ) Cit of Sebastian, Florida Subject: Resolution R-OS-40 approving Preliminary Plat for Gables at Sebastian Subdivision (a townhouse development). Agenda No. o5c/93 .. Department Origin: Growth Managemento~ Purchasing/Contracting: Finance Director: City Attorney: ~ City Clerk: ~ ubmittal by: City Manager Date Submitted: September 21, 2005 For Agenda of: September 28, 2005 Exhibits: R-05-40, Preliminary Plat, Staff Report, Application, P & Z Minutes. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Mr. Joseph Schulke, on behalf of Best Housing I, LLC, has filed for preliminary plat approval for a 95-unit townhouse development located on Main Street between Powerline Road and Bob Circle. The project consists of 95 units in 17 residential buildings and a clubhouse, together with associated parking, water and sewer service, drainage, and landscaping. Access to each unit will be accomplished via an internal road network with one point of access on Main Street and one point of access on Powerline Road. Proposed water service will be accomplished via connection to an existing Indian River County Utilities water main, and wastewater service will be provided by connection to the existing Indian River County Utilities sewer system. Stormwater runoff for the proposed development will be routed to multiple on-site retention areas. The site consists of 12.78 acres of total land area, of which, 6.67 acres will be impervious (52.2%) and 6.11 acres will be open space (47.8%). A 1660 SF clubhouse will be provided, as well as a swimming pool, along wnh requisite parking. The proposed preliminary plat reflects compliance with current RM-8 zoning townhouse requirements, including minimum lot size, setback standards, open space requirements and all other dimensional crneria. Per the Land Development Code and established City procedures, the site plan for this project has been reviewed and approved by the Planning and Zoning Commission at a quasi-judicial public hearing on September 15, 2005. The Planning and Zoning Commission also held a public hearing at that meeting to consider the preliminary plat and made a recommendation to City Council for its approval. The Preliminary Plat for Gables at Sebastian has been provided in the agenda packet. The sne plan, as presented to the Planning and Zoning Commission inciuded 24 pages, as well as other supporting documents, and is available in the Growth Management Department for further reference. . RECOMMENDED ACTION Conduct quasi-judicial public hearing. "Move to approve Resolution R-05-40, Preliminary Plat for Gables at Sebastian." @J RESOLUTION NO. R-05-40 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A TOWNHOUSE DEVELO}>MENT SUBDIVISION KNOWN AS GABLES AT SEBASTIAN; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Best Housing I, LLC, has filed an application for approval of a preliminary plat for a townhouse development subdivision known as Gables at Sebastian; and WHEREAS, said subdivision and plat comply with applicable State and City codes and regulations; NOW THEREFORE, BE IT RESOLVED BY THE cOUNCil, OFTIIE CITY OF SEBASTIAN, as follows: Section 1. PRELIMINARY APPROVAL. The City Council of the City of Sebastian does hereby approve the preliminary plat and subdivision plan for Gables at Sebastian prepared by Schulke, Bittle & Stoddard, LLC, with an engineer's stamp and signature dated June 17, 2005, 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 Councilmember and, upon being put into a vote, the vote was as follows: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Councilmember Lisanne Monier Councilmember Andrea Coy Councilmember Sal Neglia @ The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of September, 2005. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Mayor Nathan McCollum Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: \~ @ CllrOl S~~ ~ IIOMt OF PWCAN ISIANIl Growth Management Department Preliminary Plat - Staff Report 1. Project Name: . Gables at Sebastian 2. Requested Action: Preliminary Plat approval 3. Project Location a. Address: South of Main St. between Powerline Road & Bob Circle b. Legal: See preliminary plat. c. Indian River County Parcel Number: 30-38-30-00003-0000-00000.4 31-38-01-00000-7000-00001.0 4. Project Owner: Best Housing I, LLC Jorge Diaz, President 3608 Collonade Drive Wellington, FL 33467-8080 (561) 753-7494 fax (561) 753-7496 5. Project Agent: Joseph Schulke, P.E. 6. Project Engineer: Joseph Schulke, P.E. Schulke, Bittle & Stoddard 1717 Indian River Blvd, Suite 301 Vero Beach, Florida 32960 (772) 770-9622 fax: (772) 770-9496 7. Project Surveyor: William B. Zentz & Associates, Inc. 684 Old Dixie Highway Vero Beach, Florida 32962 (772) 567-7552 fax (772) 567-1751 8. Project Description a. Narrative of proposed action: Mr. Joseph Schulke, on behalf of Best Housing I, LLC, has filed for preliminary plat approval for a 95-unit townhouse development located on Main Street between Powerline Road and Bob Circle. The project consists of 95 units in 17 residential buildings and a clubhouse, together with associated parking, water and sewer service, drainage, and landscaping. Access to each unit will be accomplished via an {fiJ 1 internal road network with one point of access on Main Street and one point of access on Powerline Road. Proposed water service will be accomplished via connection to an existing Indian River County Utilities water main, and wastewater service will be provided by connection to the existing Indian River County Utilities sewer system. Stormwater runoff for the proposed development will be routed to multiple on-site retention areas. The site consists of 12.78 acres of total land area, of which, 6.67 acres will be impervious (52.2%) and 6.11 acres will be open space (47.8%). A 1660 SF clubhouse will be provided, as well as a swimming pool, along with requisite parking. The proposed preliminary plat reflects compliance with current RM- 8 zoning townhouse requirements, including minimum lot size, setback standards, open space requirements and all other dimensional criteria. b. Current Zoning: RM-8 c. Adjacent Properties Zonina Current land Use Future land Use North: Conservation Scrub Habitat Conservation East: PS& Post Office & INS& CG& Vacant & CG& RM-8 Residential MOR Apartments South: RS-10 residential lOR West: RS-10 residential lOR d. Site Characteristics (1) Total Acreage: 12.78 acres (2) Current land Use(s): Vacant (3) Soil: Immokalee Fine Sand (4) Vegetation: Provided (5) Flood Hazard: Zone X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Freedom Park - 1/4 mile (9) Police/Fire: Indian River Fire - 1 mile Sebastian Police - 1/4 mile 9. Comprehensive Plan Consistency 2 @ 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. b. c. d. (!i9 name of subdivision: Gables at Sebastian vicinity sketch: provided legal description including section, township and range: provided north arrow graphic scale: provided e. date of preparation provided - 1/8/2005 f. name, address, and telephone of applicant: provided as listed above g. 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: j. name, address, and registration number of engineer: provided as listed above k. name, address, and registration number of surveyor: provided as listed above I. name of adjacent subdivisions, if any, including plat book and page number reference: provided m. names of owners of record of adjacent acreage: provided n. contour map including a perimeter strip up to 150 feet in width. provided 3 o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: provided p. 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 q. 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 Jots and blocks: provided r. access points to collector and arterial streets showing compliance to the access requirements: provided s. all existing drainage district facilities and the ultimate right-of-way requirements: provided 1. utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: provided u. 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 w. location of all temporary structures or permanent structures having a temporary use: nfa x. if borders public water, delineate the mean high water line: nla y. plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DEP and the city: provided z. 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 11. Required Supplemental Information a. existing land use policy and proposed policy changes: provided b. on-site wastewater disposal data: provided 4 @ c. surface water management plan: provided d. traffic impact analysis: provided e. required park land and/or facility improvements: provided f. required potable water improvements: provided g. required wastewater improvements: provided h. erosion and sedimentation control improvements: provided i. reference to required improvements i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii. xiv. xv. xvi. xvii. xviii. xix. xx. xxi. xxii. xxiii. access: provided alleys: n/a blocks: provided bridges: n/a comprehensive stormwater management system: provided easements: provided lots: provided seawalls, bulkheads, piers and docks: n/a soils: provided streets: provided bicycle/pedestrian paths: provided off-street parking areas: provided utilities: provided utility installation: provided central water system: provided central wastewater system: provided individual sewage systems: n/a water and sewage treatment and processing plants: n/a median strips and entranceways: provided traffic control devices: provided monuments: provided commercial and industrial subdivisions: n/a mobile home subdivisions: n/a j. schedule of multiple phases: provided 12. Fee paid: provided 13. Other Preliminary Plat Matters: The preliminary plat meets the dimensional requirements of the townhouse development regulations in the RM-8 zoning district as follows: a. Minimum lot size (prior to platting): 1 acre site is 12.78 acres (j!) 5 b. Minimum interior lot size within the site: 1,875 SF minimum provided 2,200 SF c. Minimum interior lot width: 25 feet minimum provided 29.33 feet d. Minimum interior lot depth: 75 feet minimum provided 75 feet e. Special regulations: control, development provided. Special regulations regarding access, unified standards, and common open space have been 14. City Engineer's review: The site plan was reviewed and all issues identified by the City Engineer have been resolved. The site plan was subsequently reviewed and approved by the Planning and Zoning Commision on September 15, 2005. The site plan, as approved, will be used as the "approved Construction Plan" for the subdivision. 15. Other Matters: Procedurally, townhouse development requires both a site plan approval and a subdivision approval. The site plan establishes the design of the project and includes building locations, setbacks, stormwater drainage, building elevations and colors, parking, sidewalks, recreational sites, landscaping, and requisite buffering from adjacent properties. The site plan was approved by the Planning and Zoning Commission at their meeting of September 15, 2005, conditional upon the following: 1. Execution of a Developers Agreement for a monetary contribution toward the construction of Powerline Road (roadway, stormwater system, traffic signage, markings, etc.). 2. Tree survey as noted in the staff report, to be provided. [This has been provided.] 3. Revise landscape plan for perimeter landscape strip along west and south property lines to provide a Type "A" opaque screen. [This condition was revised at the meeting to further enhance the buffering by locating some of the interior trees to the south property line and behind the pool and clubhouse area to provide one tree every 17.5 feet, as an additional canopy buffer.] 4. Approval of site plan by Indian River County Fire Department and Environmental Health Department. Based upon the Planning and Zoning Commission action, this multi-family development has been approved for construction. In order to convey ownership of the individual townhouse units, a subdivision must also be approved for the creation of the individual lots. At their meeting of September 15, 2005, following 6 e @ a review of the preliminary plat, the Planning and Zoning Commission made a recommendation to City Council to approve the preliminary plat for Gables at Sebastian. 16. Conclusion: As proposed, the Gables at Sebastian 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. 17. Recommendation: Staff recommends approval of the Gables at Sebastian Subdivision Preliminary Plat. ~ED~ '1- 2..-1-OS DATE 7 Permit Application No. City of Sebastian Develo ment Order A 0,.... Address: '~ '. ~ 't t; p.." tl) t:J ~ 'O'1J / cr~ ./ .- " PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTiON THAT YOU ARE ~UE1)1'IN~J 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. \ 0 \ .,.. 2 Phone Number: (3:F.:> l'5z.'5 E-Mail: Title of permit or action requested: (re( im..i.naJ' led <P ~. \ .g " " $t> I A. Project Name (if applicable): q O:.b Ii;" D+~-ti 0 (\ B. Site Information Address: Lot: Indian River County Parcel #: -CCQ) - ca:xo. 1- .0 Future Land Use: ~ I A Proposed Use: m \J.. \-ti -Po. fY\ i I Zoning Classification: R Existing Use: U: c. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): @ m ~~ - ~. ;,1,/ ,~!~.II;~' o \d 1 . <::')1 (.\ n- DATE RECEIVED: ~ III 10-:;;- FEE PAID: $~~-cO . :20[( RECEIVED B~ Permit Application No. E-Mail: Address Phone Number. ( ) FAX Number. ( E-Mail: En ineer: Name: ~m Address Phone Number: ( ) FAX Number: ( E-Mail: Surve or: Name: W.1A.1 I - ,en?'" 'Z..- Address bib L\' (/1't, 1:7 . Phone Number: ( 11Z. )%1 E-Mail: f> -. BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER ~ I IVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS 3)1)5 DATE SWOR TO A SUBSCRIBED BEFORE ME BY :rl) ~'~ A- ScJ.,., 1 b, WHO I PE NALLY KNOWN TO ME OR PRODUCED AS ID N ICATION, THIS~ DAY OF r'nftl\..Ll+ .20..2S:. v.JJJ.uJJ.:K:- NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./ExPIRATlON SEAL: (fj) .l'~J.~.II, William Stoddard .l: '<<;'." .. #D"""1889 = ,''''''\\, c;onnmSSlOll """ ~~'" ~;l Expires: Apr 12, 2009 "''''o;~...... BondeClThni ",,,,,,,, Atlantic Bonding ~ lnc. Permit Application No. The following Is required for all comprehensive plan amendments, zoning amendments (Including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. @:E. _ THE OWNER(S) / ~HE LEGAL REPRESENTATNE OF THE OWNER(S) OF THE PROPERTY DESCR THE SUBJECT OF THIS APPLICATION. HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE -S BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY A 0 VIEW TH CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/wE MAY HAVE. DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/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 STATE TITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. EIN IGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR , AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. . .'3 /;'1 $5 DAtE sJ..vlke- Not ry' Ignature Printe Name of Notary Commission No./Expiration Seal: ",'\!\i.::';'~, Wtlliam Stoddard f~ ~.~" Commission 1IDD401889 ~;r"i~i";;l &pires: All!: 12, 2009 .....,~a;.~.... BondeiI TftN . I",,..,,l. AtJaotieBoJxUna-Co't b1c. @J PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2005 ROLL CALL: Mr. Faille Mr. Mahoney Mr. Allocco Mr. Paul yes yes yes yes Chmn. Smith Mr. Celli Mr. Keough The vote was 7-0. Motion passed unanimously. yes yes yes PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL _ PRELIMINARY PLAT - THE GABLES AT SEBASTIAN SUBDIVISION _ MAIN STREET & POWERLlNE ROAD - RM-B ZONING - BEST HOUSING 1, INC. Chmn. Smith asked Mr. Stringer if a vote could be called as the project had been discussed during the site plan application and Mr. Stringer said yes. MOTION by Smith/Allocco to recommend approval to city council the preliminary plat, The Gables at Sebastian Subdivision, Main Street and Powerline Road, RM-8 Zoning, Best Housing 1, Inc. ROLL CALL: Mr. Allocco Mr. Keough Mr. Celli Mr. Faille yes yes yes yes Chmn. Smith Mr. Mahoney Mr. Paul yes yes yes QUASI-JUDICIAL PUBLIC HEARING - SITE PLAN DANIELS CONTRACTOR TRADES BUILDING -: OLD DIXIE HWY NORTH OF CR 512 EASTBOUND - 7007 SQ. FT. OFFICE AND WAREHOUSE BUILDING _ INDUSTRIAL ZONING - MR. JONATHAN DANIELS Mr. Joseph Schulke, Schuike, Biddle, Stoddard, Vero Beach presented the application. Ms. King pointed out a concern about the radical slope betwee? the site and the property to the west. She reviewed the seven conditions of approval noted on the staff report. There was discussion on item 7, photo survey of subject and adjacent property to the west. Ms. King explained this was due to concerns about construction activity and its effect on existing structures. Mr. Stringer didn't see it a necessary requirement of the city's if the two property owners wanted to have photos and a pre/post-construction contract. Also discussed was the proVision for contractor trade facilities in the CRA District. Mr. Jim Weber, High Street, Sebastian wanted to go on record that his main concern is the stabilization of the site during construction. MOTION by Oakes/Allocco to approve the site plan for office/contract/trades building noting the recommendations of staff report item 26, page 8, numbers 1 through 7. ROLL CALL: Mr. Allocco Chmn. Smith Mr. Celli Mr. Keough yes yes yes no Mr. Paul Mr. Faille Mr. Mahoney @ 3 no yes yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2005 Bruce Moia, MBV Engineering, 2455 14th Avenue, Vero Beach represented the applicant and made the presentation. He referred to the staff report, which stated this application is consistent with the Comprehensive Plan. Ms. Bosworth added that this commission will be reviewing and recommending to City Council the land use and rezoning designations of this property. Answering the question of should the annexation come before the land use designation, Mr. Stringer explained they are processed together at the city council level and this commission only makes a recommendation on the land use designation. MOTION by Allocco/Keough to recommend to City Council approval for the Crossroads Plaza rezoning from Limited Commercial, CL County, to Commercial General, CG and Land Use Map Amendment from Commercial Industrial to General Commercial. ROLL CALL: Mr. Keough Chmn. Smith Mr. Celli Mr. Allocco yes yes yes yes Mr. Mahoney Mr. Faille Mr. Paul yes yes yes The vote was 7-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARING - SITE PLAN - THE GABLES AT SEBASTIAN TOWN HOMES - MAIN STREET & POWERLlNE ROAD - RM-8 ZONING -12.7 ACRES, 95 UNITS - BEST HOUSING 1, INC. Chmn. Smith swore in the applicant and staff. Joseph Schulke, Schulke, Biddle, Stoddard of Vero Beach presented the application. He introduced the property owners, George Diaz Sr. and Jr. He described the project as a town-home community with 95 units. Storm water facilities will be provided and public water and sewer will be extended to the project site. Ms. King mentioned the problems with the landscape buffer and continuing negotiations for Powerline Road to connect CR512 to Main Street. She suggested a condition of approval include a developer's agreement. There was discussion regarding responsibility for the road construction. The following people spoke: Mr. Houke, 373 Bob Circle, asked if there were an ingress or egress from the site to Bob Circle, Mr. Schulke said no. Ralph Randall, 147 Columbus Street, requested a wall between the project site and residents on Columbus Street. Ivan SUdman, 99 Main Street, concerns about the landscape buffer. Mike Triglio, 131 Columbus Street, will drainage pumps be necessary during construction. George Daily, 139 Columbus Street, concurs with what his neighbors said. Mr. Schulke added to the proposed landscape plan to relocate open space trees on the site to the south property line to provide one tree every 17.5 feet as well as behind the clubhouse and pool area. MOTION by Celli/Oakes to approve the Gables at Sebastian with the conditions as amended in the staff report. 2 @ @ ffi::)MI Of I'EI.lCAN !SLAIll:I AGENDA TRANSMITTAL Subject: Agenda No. 5:: L} s;g, ~ Department Origin: V Finance Dept.: General Services: City Attorney: ( ) City Clerk: ~ Date Submitted: For Agenda of: Collier Creek Project Exhibits: Dave Fisher E-Mail; Draft Questionnaire EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY On Friday, September 16, 2005, Mayor McCollum spoke to Dave Fisher and me about the Collier Creek project. After further consideration and input he has received from the public, Mayor McCollum requested that this item be placed on the agenda. Different, this time however, is that no property will be granted to residents that live along the canal as was. discussed during a previous reconsideration. The side slope areas will remain public property anda maintenance responsibility for City crews. Enclosed for your review is a memo from Mr. Fisher explaining time-lines, costs and issues associated with a potential change to the sod option. Second, I have enclosed a draft questionnaire, which the Council may want to consider before making a decision on changing project options. RECOMMENDED ACTION No action required. {iV The Sebastian City Council is considering two (2) options for seawall replacement. Please select only one (1) of the following options for replacement: 1. Should the City Council use the grass slope method to replace existing seawalls. The City will maintain the grass slope. 2. Should the City Council use the rip wrap (rocks and slope) method to replace existing seawalls. The City will maintain the rock slope. 3. You have no preference on the method to replace existing seawalls. Thank you for your participation. Please fill in the information below. Your questionnaire cannot be considered without all of the information. Name Address Phone Number Signature Return to Mr. David Fisher, City of Sebastian, 1225 Main Street, Sebastian, F132958. Return by 4:30pm, October 18, 2005. @ Sent: To: Cc: Wednesday, September 21, 20052:07 PM Alfred Minner Rich Stringer; Ken Jones; David Fishers Interns; 'GrotkeEJ@cdm.com'; 'DemeloAC@cdm.com'; Terry Hill Collier Creek Dredging Project - Current Status Information Subject: AI- Fallowing recent discussions, this is to confirm the following: . Wrth the concurrence of Mayor Nate McCollum and City Manager AI Minner on Friday afternoon, 16 Sep 05, we have stopped work on the final cross-sections for the project pending further Council review and possible action on whether to provide sodded side slopes instead of rip-rap rock cladded slopes. We expect this "hold" to be in place for as long as 6 to 7 weeks while awaiting further determination/direction by Councii on this issue. We do not think, atthis time, this "hold" will unduiy compromise the ultimate completion date for the project (now prospectively scheduled to be in the Summer of 2007 - about two years out). . We estimate the all-in annual maintenance costs of the two alternative options to be $20,000 per year for the rip-rap rock slope (mainly spraying from a boat in the canal several times a year) and $60,000 per year for the sodded side slope option (mowing the slopes numerous times per year). . We also point out some currently relevant points, most of them previously noted and considered in Council's deliberations: . The property owners/residents along the canal have previously been vocally adamant about not wanting sodded side slopes. We are now told this posttion may be under reconsideration by a number ofthe residents. . The estimated cost of design, construction, and mitigation for the sodded side slope option is expected to cost much less then the rip-rap rock option, the difference perhaps being in the range of $1,000,000. This estimated cost differential could be even greater if the marketplace for providing and transporting rock continues to be subject to significant price escalation due to shortages and increasing fuel costs. . The sodded side slope option will likely allow easier installation of decks, docks, etc., by residents if permitted by the City. We do not yet have standards developed for such Items and will not proceed with same until we know what option is being chosen. . There may be some factors in play in the choice of options here regarding whether the improved canal is or can be characterized as a "recreation facility" thereby opening the possibltty for !he application of recreation impact fee funding for the project in some way . As discussed, more specific input from SJRWMD, ACOE, and Fish & Wildlife is now important in further determination of the best course of action. We have therefore arranged an internal working meeting with SJRWMD and other regulatory representatives for Tuesday moming, 27 Sep 05, to discuss such considerations as mitigation, preferred littoral zone options, etc. . We are also invtting SJRWMD to attend the next regularty scheduled Council Meeting on Wednesday evening, 28 Sep 05, to be on hand to provide further answers to the extent possible prior to actual permit application submittal. Noted I submitted by: Dave Fisher City Engineer (l) (J9 liOW; Of l'OLlCAN !SlAlltl AGENDA TRANSMITTAL Subject: Agenda No. CITY/CHAMBER LEASE AGREEMENT Department Origin: Finance Dept.: General Services' City Attorney: City Clerk: Date Submitted: For Agenda of: Exhibits: EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY Beth Mithchell, Chamber of Commerce Executive Director, has requested to be placed on the agenda to discuss the City/Chamber lease agreement. In short, she would like the Council to re-visit the City/Chamber lease agreement. With delays resulting from the hurricanes, the historical society announcing their plans to move to the old elementary school and other associated occurrences, the Chamber is now of the opinion that remodeling the current facility is a better overall concept than the one formally agreed. Further, the Chamber recently received confirmation from the Marine Resource Council that their location is eligible for scenic highway grant funding which would aid in the refurbishment effort. However, if any action other than the current proposal takes place, the agreement executed in February 2002 must change. In a recent memo, I provided the following as potential options, which were discussed, between the Chamber and the City in August. REMODELING OPTION. Under this new option, the Chamber shall (1) relinquish all rights to ihe northern site; (2) acquire use of the entire current facility (after the historical society has relocated); and,. (3) design and pay all costs associated with remodeling the entire south facility; in exchange, the City shall (1) receive back all rights to the north site, (2) grant a new 50 year lease to the Chamber for the south site; and, (3) provide the same number of off-street parking spaces for the Chamber's use. NEW FACILITY OPTION. In this option the Chamber would (1) give up all rights to the northern site; (2) gain the use of the entire current facility for "temporary" remodeiing; and, (3) be provided with an additional property footprint to enable the construction of a new facility on the southern site; in o exchange the City shall (1) receive back all rights to the north site, (2) grant a new 99 year lease to the Chamber for the south site; and, (3) provide the same number of off-street parking spaces for the Chamber's use. Note - For the New Facility or the Remodeling option, several ranges of lease terms were discussed ranging from 25, to 99 years. DO NOTHING OPTION. This option actually provides the Chamber with several avenues. First, the Chamber has two more years to build a new facility on the north site. If a new building is constructed, they would be entitled to a new 50-year lease on the north site and release all interest on the south site. Second, if they refurbish or partially refurbish the existing building on the north site, they would be entitled to a new 25-year lease and can stay at the south site for 12 years. Lastly, interpreting the lease would allow the Chamber to stay at the existing south site if nothing is done to the north site for an additional 12-year period. For further information, I am of the impression that the Chamber would prefer the remodeling option with a 99-year lease. RECOMMENDED ACTION No action is required, however, I would recommend that an option, or any combination thereof, be chosen to provide staff with direction that will bring closure to this matter. @ HOMI.. Of PElICAN ISlAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Change Orders #3 aud #4 to Jobear I Warden, Contractor for the Renovation of Louisiana Avenue plus Additional Contingency for Possible Additional Cha es Prior to Completion Agenda No. 05.00(;, . Department Origin: Engineerin Department Head: David Fis er Finance Director: . ~ 7'-- City Attorney: t, ~ City Clerk: Date Submitted: 21 September, 2005 For Agenda of: 28 September, 2005 Xhibits: Change Orders #3 and #4 EXPENDITURE REQlJI:llED: Not to Exceed $4796.25 AMOUNT BUDGETItD: $ -0- APPROPRIATION REQUIRED: $4796.25 FUNDING SOURCE: Road Project Savings SUMMARY J obear I Warden is the general contractor for the renovation of Louisiana Avenue. We expect substantial completion of the project, as scheduled, on or before 13 October 2005. This is a request for approval of Change Order #3 in the amount of$992.50 (required field modifications to curbing in four different locations) and Change Order #4 in the amount of$2303.75 (for an additional driveway apron at one location and additional chain link fence required at another location) plus, at the suggestion of the Finance Department, an additional $1500 contingency amount in the event more field modifications and/or legitimate reparations to adjacent properties are required under this contract within the coming several weeks in order to complete the proj ect as promisedto the property owners and residents on Louisiana Avenue. @) RECOMMENDED ACTION Move to approve change orders #3 and #4 and an additional $1500 contingency and appropriate the necessary funds in an amount uot to exceed $4796.25 for application to the contract with Jobear I Warden for the renovation of Louisiana Avenue. ~ COpy HOME of PL!l.K'Ni 'is!AND .. CITY OF SEBASTIA.N CHANGE ORDER FORM CIlANGE ORDER#: #3 PROJECT NAME: Louisiana Avenue CONTRACTOR: Jobear War~en PHONE #: 321-723-3571 ADDRESS: 1950 Danr Drive CONTRACT NAME: Louisiana Ave Renovation Palm Bay, F132905 CONTRACT DATE: September 14, 2004 By the signature affixed below, both the. City and the Contractor agree to the changes as stipulated herein. Upon proper execution oHbis document, the Contractor is liereby notified to commence work. All changes stated below are .hereby mcorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows Curb modifications as directed in the field (see attached from Jobear) Note: This is.Change Order #3 to the Current Contract A) CONTRACT PRICE PRIOR TO TIllS CHANGE NET INCREASE (DECRI!A:SE) RESUL')1NG FROM TIllS CHANGE NEW CONTRACTPR!CE INCLUDING TIllS CHANGE ORDER B) CONTRACT TIME PRIOR TO TIllS CHANGE (NUMBER OF DAYS) NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) WlW COMPLETION DATE INCLUD!N'G TIllS CHANGE ~MO. DAY YR S 906.611.05 S 992.50 S 907.603.75 o ~ Au orized .Date: Date: 7/ ~SIrt5 Auurovals BY City of Sebastian : ~'].t~..Q.. Or:; City Engineer . ';<;;\ogineeriog Finance Director _' as to budget , General Services Admin. ~. ~s .to contract/procurement City Attorney 1.\L B~ . . astoformandleg~ . by the City of Sebastian Drily . @ CHANGE ORDER AlA DOCUMENT G701 Distribution to: OWNER 0 ARCHITECT 0 CONTRACTOR 0 FIELD 0 OTHER 0 PROJECT ,i.nJs/A-NA Alii. &t?t!A f/,jr..f {name, address} CHANGE .oRDER NUMBER: 3 INITIATION DATE: '1- /9-fJ!;; TO (Conlraclor): ~/2/ 1/JA/2iJt;J ~ ~SO iJMiZ !Ji2/tJe d ~ L..:?7L1U"&-V, fl. 3d9as- ~ CONTRACT DATE: You a~d~~~~;~;;;;;k h~7d;~1d 1#6 tuJ ~ Y t&a1>>&&/~ . ~tJ()c &m KA b1~ r:1lJJ/n /};U/11:e '1Ycu; t:. f(;2>Ta Jd:;A.l1 JJ.rJlJ. 6f<ALf'.s LA,JLJ/Al~ . AM eJ' PALUV i!.uRB irr fAtfi<e;flO AJ/~. IIfLlJltR-!Je. J RJStV- Ro., '/6/lA-U!5 U/JlJlIJ6 .. Alt:-r ADO S"OLF c:<tIALLLY 6dt3@ ;'1. cf.)' J q9.2~{) ARCHITECT'S PROJECT NO: CONTRACT FOR: ~ul vollid until signed by bulh lhe Owner and ArchilcCI. Signature of (lie (onlraclur indicillf.:S his agree men I hcrc\,\.ifh, including an)' adju511l'lent in (he;. Contract Sum or Control,1 Tim!!. The original (Conlract Sum) (Guaranteed Maximum Cost) was... . . .. . .. . '" ... ... .. ..... $ L1tK: ~. 1j;;" Net change by previously aUlhoriied Change Orders. . . . . . . . .. . . . . .. ... . . . . .. . '" . ..... $ tJ ..<< tf. ~!2 The (Contract Sum) (Guaranteed Maximum Cost) prior to this I 'e Order was.......... $ Itxo If. c15 The (Contract Sum) (GuJfim(eed Maximum Cost) will b increased (decreased) (unchanged) by this Change Order . .. .. .. . . .. .. .. . . .. . . . . .. . .. . . . .. . . . . . . . . . . . .. .. . .. . . . .. .. $ file new (Contracl Sum) (Guaranteed Maximum Cost) including this Chllnge Order will be ... $ Tile Contracl Time will be (increased) (decreased) (unchanged) by The Dale of Substantial Completion as of Ihe date of Ihis Chonge Order tllerefore is J'~.Y:IJA-L~/L ARCHITECT .99<<. S-o C){fJ. bOB. '1~ ( ) Days. RV h!r--- A"~orized: /J,/' . , / CitY ,f/F ~f:..8ASr!A1d OWNER /f:;\(, Add'ess ~ <ToNARI uJJJR-/JrA J CONTKACTOR Address Address UV IIV ~~'~V~Uv ~~.~4 rnA q~~V~~~ v~/nA/rAV~UA~L'1 !III"" - . ..... SI~T~ ~.~~ HOiC Of I'fI.JfAH ISlAAO CITY OF SEBASTIAN CHANGE ORDERFORM ClUNG!: ORDER 1#: #4 1'1tOJECT NAME: Looltiallll AftIln0 cONTRAcroR: Jobesr W"rdeD Collllt. PHONE " 1-321-'713.J571 ADDRESS: 1950:n.ur Dri.,. CONTIlACl-NAMJ;:; Lonbillllll Av.nne Palm Bay, J'I 31905 RcnIWatloIl ProjlC:t CON'l'RACl DATE: Sep_ber 14, 2lI04 By the sigtlature affixed below, both the City and the CO/J1ractor agree to the changes as stlpul8led herein. Upon proper execution of this document, the Contractor is hereby notified to CODllneoce work. All changes Slated below are hereby incorpoJ'l\ted and made 11 part of the Contract identified above, and'aII the tenns and conditions of said Canlrll<:t are enjoined and in full force while executing the cbange(s) stipulated B.!l follows Addlttollal Drivewav ADI'OII at 1100 Lonlol...... Ave. lUJd Addltln....1 no.1n LiIlk li'tJlI:f! at 1024 louisiana Ave. (1IIIlttDch.d ~"...ft Drdel' !'rom JoIJearIWardell hIitlatlld 8/23Jll5). A) CON1RAcT PRICEl>RJOR 10 THIS CHANGE NETINCRWJl (DECREASE) RESln.TlNG fROM THIS CHANGE NEW CONTIW:T PRICE INCI..UDlNG THIS CHANGE OI<llER B) CONTRACT 'llME PRIOR 10 THIS CHANGE NETINCRIlASE (l)ECREASE) RESL'lTlNG fROM TIllS CIlANQ!: (NUMIll!R 01' DAYS) NEWCOMPUl1ONDAT.E INCI..UDlNG THIS CHANGE ~ SOM-'I:I..'I" J 't U't15 19Ot.N'J'Ji' Ul -..k NDYflllhr2'.20M A.GJtE~J}; AD'ftronb Bv City orStbutf... : CiIyE.&lnou ~"""Ii"orllI' CityA.ltora'Y ~ .....1'1.1 F.!rm:e QiTl'rtnl- ~ a; t:D b.XI:lat ~( ,4<r. ~ -€- j,.f "'f,...........t ~'t ~\.l Ccl....c..:l fo1' "f ryoprjof~'", , ~ n.1o:~-65 '" @ .......'......",..n.................a,L.'... ....v. . CHANGE ORDER. AlA DOCUMENT C701 -Dlslfiuvtfon 10: OWNER 0 ARCHITECT 0 CONTRACTOR 0 FIELD 0 OTHER 0 PROlEC,.!/lIhVA,.)A Ave: (name. address) CHANCE ORDER NUMBER: 'f INITI^TI~N DATE: i-:.J..3 'it)S TO ICOnl,.clo,); C~UuJ"~ I I:JS"O l);IlR.MJI.t ,d,t elA<.&1v. 5.. 3d 90S' .J ARCHlTEer'S PROJECT NO: CONlRACT FOR: CONTRACT DATE: q-/lf-t:Jf You a'eZ~~;:;~ Ih~~;;~h;nA;:~A;I~/0IaUSMAi4 Ila /.3b7.~ 5,.;: ~ .w'soJ AMlr/tW'At- &.I/Hb.-.l,(MceJ./' .I:J:d/4JVtJ/AAiA- ~t ifJ/.Sj 75 114lJa) Ntil v.Jlid unlU 5itned by bUlh Ihe O~\.'"ll'r and Arl;hllct:l. Sr!j:I"I;\luIC oi tlie Conlr.aclur IndtC<114l' hIt igroemtlll hll'JL'WHh.. Intludint; ID}' .:IdjLI,~I.IOj,.~:lI1 in Ihq Crmlfael SLJln ar C"c'Jnlr.l.CI Thuc. fhl! ariginill (Conlr,u:t Sum) (Guari1nl.e~cJ Muximum Cost) was ... _.... . , . , . ~"'." _...... $ Nel chonse by prevlollSly ,",no,Ii.<I Ch,ng. Ordors _,..,......... . . .. _...... _... . _ _ _.. $ The (Contract Sum) (GuillUnleed M..ximurn Cost) prior to lhis dlana" Order wu ...... _... S The (Coflltacj Sum) {Gu.:ual'llHd ~l(lmum Cu,tl will be (it1(,"ffi5edl <deueaudJ (unK:h\l.nsedl by lnl. Cn,nge Order...... ......... .......... :-.......... __... ....... .......... $ rile ne\v (Contra(! Sum) ~Guaranlel1d Moximum C()~ll including this Chimlj.e Otder wUl be ... $ rhe Conl"'l Time will be (In(r~.,.d) {decre".d] lunch,nsed) by The O!l.!e oi SubShnlial CCmplelion 1$ of the date of this Change: Order Iheteforc is .AUk _VJlI1-n:.t'. ARCI< ITeeT ~.AbtdUN# CONTRActOR A~~6_ v.~~ ~:.I!R~ A4r.Ue51 g...~ />()tlr~n Addrt.'S.s Uy Cp~ om ./h:?3 ~tJ:) IlV 1J..t,,'rE :-::- O,Wf @ @ ^ HOME OJ' l'$l.lCAN ISlmD CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Craft Club of Sebastian Craft Show Dates for 2005 - 2006 at Riverview Park. Agenda No. ()5-/9~ Department Origin: ~ '1'\.\.e...e......~ Finance Direct~ City Attorney: \...-~ City Clerk: ubmittal by: City Manager < Date Submitted: September 21, 2005 For Agenda of: September 28, 2005 Exhibits: Application, List of Dates and Information about Club. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A None APPROPRIATION REQUIRED: None SUMMARY The Craft Club of Sebastian is seeking Council approval for its Craft Show Schedule for 2005 _ 2006 at Riverview Park. The Craft Club of Sebastian has had shows at Riverview Park for many years and has worked well with the City. The attached information letter details the Club's activities in the community. In light of all the community activities the Club is involved with, the Club is requesting cutting all applicable fees by 50%. This year's show dates are October I & 29,2005, December 3 & 4,2005, January 7,2006, February 4,2006, March 4, 2006 and April I, 2006. Shows are from 9 AM until 3 PM at Riverview Park. Rain dates for this year's shows are October 2 & 30, 2005, January 8, 2006, February 5,2006, March 5, 2006 and April 2, 2006. RECOMMENDED ACTION Move to approve cutting all applicable fees by 50% for Craft Club of Sebastian Craft Shows at Riverview Park from 9 AM until 3 PM on 10/1 & 29/05, 12/3 & 4/05,01/7/06,02/4/06,03/4/06 and 04/1106. Move to approve rain dates for Craft Club of Sebastian Craft Shows at Riverview Park on 1012 & 30/05, 0118/06, 2/5/06, 03/5/06 and 04/2/06. @ ClIY .Of SEBAST!AJttf ~~~ !fOME OF PELICAN ISLAND 1225 Main Street, Sebastian, FI 32958 Telephone (772)S89-5338 - Fax (772)589-5578 CITY OF SEBASTIAN PARK USE PER,.,IT APPLICATION Park Event - 50 to 300 Attendees $50.00 ApplicationlPermit Fee Please check the appropriate Box: or Special Event - 301 or More Attendees $100.00 Application Fee Date:JQ6pp05 Name of Permittee: (le.Al=T CLue. OF Oe::,,&A::,"AtJ Permits Hay Only be fssued. 1n the Name 01 an Adult or Legally Organized Organization Address: Mail i ng Address: 1=>. D 'Rex LoE\ 32.\-1oC\e,- Q210Q Cn-at'\-t. \- L . ?'2Cl14Q Telephone: Name of Organization or Group: CRA't=T c.LUe. OF Reason for Use: \4R.'TS e, CR.F\I=T SW\i l \s Requested Date(s) ~ Spp A-\1aC\N>r1 L; :5.+ ~ ~ Atlac.hed L;;s\- ~~A5\ \A~ Rain Date: Time of Use: From:-.9am To: 3pfY"\ Will there be any sale of goods? Yes 'Y.... If yes, please describe type of goods on back. No A.rt~ ~ Qr.a~~ . b4 ~ubme.mbex-t). Food or other types of vendors? Yes No )( If yes. please list name, address and type of vendors and schematic of any structures to be erected or otherwise assembled on back. I. C.12A~e.l.Up' OF 8E'BPI5ill'\tJ the undersi gned, acknowledge that I am the applicant or the authorized agent of the applicant. I further acknowledge that I am aware of the provisions of the City of Sebastian Codes in respect to this application and the use of the City facilities for which I have applied for a permit to allow a Park Event or a Special Event. I have made myself familiar with the general rules and regulations prescribed by the City and agree to the terms of the permit. @ Permit Fee Paid ~D~~9~ Applicant/Agen Signature f'nlcl-.e.\\e. ~be.M-~ '?re!>'I~ Office Use Only: Date Initials Park Application Continued - If Required Llst any vendor information and/or schematics on this page. NAME ADDRESS TYPE . . . . Schemati c: OFFICE USE ONLY: S ecial Conditions of Permit as Re uested b Cit @ Craft Club of Sebastian P. O. Box 68 Grant, l"lorida 32949 September 15, 2005 city of Sebastian Parl<s & Recreation Department 1225 Main Street Sebastian, FL 32958 RE: Riverview Park.. Show Request To the City Council Members: This letter is a follow-up to our original request letter [copy atteched) of May 15, 2005, which evidently was misplaced or not received by the City, requesting the use of Riverview Park for our monthly shows. This will be our 15" year in the perk. and our 17" year as the Craft Club of Sebastian. We are a non- profit club, and at the beginning of each season, once we know our account standings from the previous season, we donate our monies collected from club dues & show fees to local charities ,.. the average is about $2,000.00 each year. Last year's recipients were the Sebastian Senior Center, Indian River County Humane Society, Fellsmere Food 8ank,llnd Our Daily Bread, as we felt those needed our assistance due to their outgivings from the hurricanes. Previous year's recipients have been the Indien River County Ubrary in Sebastian, Hospice of Indian River County, Sebastian Senior Center, I.R. County Humane Society, Roseland Volunteer Fire & Ambulance, St Sebastian Food Bank, Roseland Methodist Church Food Bank, and Sebastian River High School .n as well as the City of Sebastian. Our donations to the City of Sebastian were meinly for Riverview Perk. one time was for new tresh receptacles end another time was for new park benches, both of which were removed from the park after only one year of use & we don't know where they went, another time we gave monies to have the restrooms renovated [we are still waiting for that one), and then two years ago we wanted to donate the police department's new K-9 program for more dogs but it was refused, stating that they were not accepting donetions for that program even though we got the idea from a newspaper article saying they were (those monies went to the humane society instead]. Because of the city waiving our park fees the past several years, we have been abie to give more to local organizations .n and we thank you for giving us the ability to do so. We have only one change to our original date requests and that is for the month of November, since the first weekend has now been designated for the "Clambake", we are requesting Saturday, October 29". Respectfully submitted, ~~b~ President [321) 698-9269 (fJJ Craft Club of Sebastian P. O. Box 68 Grant, Florida 32949 May 15, 2005 Sebastian Parks Department Chris McCarthy 1225 Main Street Sebastian, FL 32958 RE: 2005-2006 Show Request Hello Chris! Ifs that time again for the Craft Club of Sebastian to submit their request for use of Riverview Park for their shows for the 2005-2006 season... we are so looking forward to our 15th year in the park. Though last year's hurricanes did effect several of our members, we managed to remain a strong club of over 90 members. For some, this craft show is the highlight of their month and doing crafts is what keeps them going. Here are the dates we are requesting: Show Date (Saturdav) Rain Date (Sundav) October 2, 2005 November 6, 2005 January 8, 2006 February 5, 2006 March 5, 2006 April 2, 2006 May 7,2006 October 1, 2005 November 5, 2005 December 3 & 4, 2005 (Sat. & Sun.) January 7, 2006 February 4, 2006 March 4, 2006 April 1, 2006 May 6, 2006 We hope to have another good season with membership and attendees. Last year we did very well and was able to donate over $2,000.00 to area charities .. Sebastian Senior Center, Indian River Humane Society, Our Daily Bread, & the Fellsmere Food Bank. We felt that these groups were in great need with their assisting with the hurricane survivors. Hope to hear from you & the city soon ... ~ - Cofl.\ Michelle Roberts, President (321) 698-9269 @ Craft Club of Sebastian Park Map U.S. I West DorIsA Ron Gillette Deyter Rizzo Campbell Wolfe KItchen Molenda Snyder Recine Garrigus Frederick Mays Brown/ J Boak He E. Jones Dolen J. Baney OEVEland Meyers I SWIder LautErbac & Ford Mag Mabel Eunice Michels June Mishler Palumb Gavln Barwell Julla. & Heather Sand & Pal PIlE Phyllis - Roundy @J LaDuca Woznac Niver Lucy Fran Peg Sally Lorna Martan Stokes Yurchuck Johnson Schrock ----------- Honaker Jay Carey ABalley .DoI6- Schutt Ryder Kirby Thompson IlOME Ol' l'WCAN ISlAND CITY OF SEBASTIAN AGENDA TRANSMrITAL Subject: Approval of Amendment to Resolution # R-05-41 for Friendship Park Tennis Courts Annual Fees Agenda No. ,093 Submittal by: City Manager Department Origin: ~ "'V\Ac..~ Purchasing/Contracting: Finance Director: City Attorney: /f[ City Clerk: ~ M Date Submitted: September 21, 2005 For Agenda of: September 28, 2005 Exhibits: Amended Resolution # R-05-41 and Annual Fee Comparison from Other Cities EXPENDITURE REQUIRED: AMOUNT BUDGETED: None None APPROPRIATION REQillRED: None SUMMARY Many tennis players have inquired about charging an annual fee to use the clay courts at Friendship Park. Charging an annualfee would help bring in more revenues. Staff researched what other facilities charged and recommends the fees listed below for Council's review and direction. Family' . Single Junior Under 17 Senior Over 65 Resident $400 Resident $300 Resident $60 Resident $200 Non Resident $550 Non Resident $450 Non Resident $90 Non Resident $350 RECOMMENDED ACTION Approve amendment in Resolution # R-05-41 regarding annual fees or direct staff with any changes. C!) RESOLUTION NO. R-05-41 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COllNTY; FLORIDA, PERTAINING TO HOURS OF OPERATION, FEES AND RESERVATION POLICY AND ADDING ANNUAL FEES FOR THE TENNIS GOURTS AT FRIENDSHIP PARK IN THE MUNICIPAL COMPLEX; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council recently adopted rates and hours of operations for the tennis courts at Friendship Park; and WHEREAS, staff recommends establishing annual fees for the tennis courts; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. RATES. Commencing with the opening of the Clay Tennis Courts on the grounds of Friendship Park in the Municipal Complex, the rates for one and one- half (1%) hours of play shall be as follows: City of Sebastian Resident Resident Juniors (Under 18 years old) $3.00 $5.00 $2.00 Non-Resident Section 2. ANNUAL FEES. Annual Fees for the use of the Clay Tennis Courts on the grounds of Friendship Park in the Municipal Complex shall be as follows: Family Resident $400 Single Resident $300 Junior Under 18 Resident $60 Senior Over 65 Resident $200 Non-Resident $550 Non-Resident $450 Non-Resident $90 Non-Resident $350 (jj) Section 3. HOURS OF OPERATION. The hours of operation shall be as follows: Monday - Friday Saturday & Sunday 8:00 am to 12:30 pm and 1:30 pm to 9:00 pm 8:00 am to 12:30 pm and 1 :30 pm to dusk Section 4. RESERVATION PREFERENCE POLICY. It shall be the policy of the City of Sebastian that City residents shall be given first preference for reservations. Section 5. REPEAL. All Resolutions or parts of Resolutions in conflict herewith are repealed, including Resolution No. R-05-13. Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon passage. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Lisanne Monier Councilmember Sal Neglia The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of September, 2005. ATTEST CITY OF SEBASTIAN, FLORIDA Sally A. Maio, MMC City Clerk By: Mayor Nathan McCollum (jj) COMPARISON OF ANNUAL FEES CHARGED BY OTHER MUNICIPALITIES FOR TENNIS CITY RESIDENT NON RESIDENT Vero Beach Family Adult I Single Junior under 17 Light Fee No Clay Courts 200 100 60 $1 per hour per person 275 150 90 Boynton Beach Family Single Junior 300 200 25 500 360 55 Pembroke Pines Family with 2 Dependents Single Junior Senior Single over 65 290 135 85 105 385 200 110 150 Melbourne Familly Single Junior Senior Single over 65 169 89.5 47.1 79.5 243 126 63 116.6 AVERAGES OF THE FOUR CITIES Family Single Junior Senior (2 Cities) 239.75 131.12 54.27 92.25 350.75 209 79.5 133.3 @ City of Sebastian, Florida omCE OF THE CITY ATTORNEYl AGENDA TRANSMITTAL Agenda No. 0:;-13 ~ Subject: Tree code modifications; Ordinance 0-05-18 Date Submitted: 9/21/05 For Agenda of: 9/28/05 SUM:MARY: The modifications brought forwarded by the Tree and Landscape Advisory Committee concentrated on the residential provisions, with the intent that the commercial areas be addressed later. Since the changes were extensive, I restructured the Article so that it flowed more logically. The modifications were reviewed by the Planning & Zoning Commission sitting in public hearing as the City's Land Planning Agency per the requirements of state law and the City Code. REVIEWED BY CITY CLERK: ~ .1 AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER~ @J ORDINANCE NO. 0-05-18 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMtNDING LAND DEVELOPMENT CODE ARTICLE XIV TREE PROTECTION AND LANDSCAPING; TRANSFERING TREE BOARD PROVISIONS TO CHAPTER TWO; AMENDING LAND DEVELOPMENT CODE ARTICLE XXII LANGUAGE AND DEFINITIONS; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City has established protective regulations for trees in order to make the city a healthier, safer and more beautiful place in which to live; and WHEREAS, the intent of the regulation are to: (a) Preserve the low density and open space characteristics of the city, (b) Encourage the protection of the maximum number of trees and oflarge specimen trees and to encourage in particular the protection of native trees of the city, (c) Protect and expand the existing tree canopy cover in the city, (d) Encourage the development of tree lined streets, ( e) Require screening and beautification of all commercial, industrial and institutional sites so as to improve, protect and preserve the city's unique aesthetic characteristics; and WHEREAS, modifications to these regulations are desirable; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as CoUows: Section 1. That section 54-3-14.1 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-14.1 Applicability. (A) The minimum standards for landscaping set forth in this article shall be applicable to all new construction, as well as development activity otherwise requiring updated code compliance. (B) It shall be unlawful for any person, directly or indirectly, to cut down, destroy, remove, relocate or effectively destroy through damaging any protected, specimen or historic tree situated on any real property or clear any lot or acreage located within the city without first obtaining a permit as provided within these provisions. Section 2. That section 54-3-14.2 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-14.2. Historic trees. The removal of a "historic tree", as designated by resolution of the city council, requires a removal permit approved by the city council; however, historic tree(s) determined to be a (jJ) hazardous tree(s) by the City Manager or his designee which requires immediate action may be removed. All reasonable measures and alternatives shall be explored to avoid the removal of a historic tree. . Section 3. That section 54-3-14.3 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-14.3 Mangroves. Mangroves shall not be removed except as provided by this section. Mangroves may be pruned provided that the pruning does not result in the death or decline of the mangrove and is in compliance with state law. A permit may be issued for the removal of a mangrove only to provide access to a dock or pier when there are no practical or permitable alternatives. Section 4. That section 54-3-14.4 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-14.4 Undesirable exotic vegetation. Allundesirable exotic vegetation must be removed by the developer or property owner at the time of clearing, construction or redevelopment. Undesirable exotic vegetation shall not be used in any way to meet the tree or landscape requirements of the land development code. Undesirable exotic vegetation may be removed without a permit after receiving verification from the City Manager or his designee. Under no circumstances shall any of the following five tree species be deliberately introduced into the city and planted on public or private property. Any such action shall be deemed a violation of this article and shall also be deemed a public nuisance. 1. Ear tree (Enterolobium Cyclocarpum); 2. Chinaberry (Melia Azedarch); 3. Australian Pine (Casuarina Spp); 4. Punk Tree or Cajeput Tree (Melaleuca Quinquernervia or Melaleuca Leuadendron); 5. Brazilian Pepper (Schinus Terebinthifolius). Section 5. That section 54-3-14.5 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-14.5. Suitable trees. The following trees shall be utilized in fulfilling the requirements of this Article for planting or replacing trees: 1. Bald Cypress (Taxodium distichum) 2. Live Oak - (Quercus mytifolia) - not desirable to plant near septic tanks 3. Laurel Oak (Quercus laurifolia) - not desirable to plant near septic tanks 4. Red Maple (Acer rubrum) 5. Slash Pine (pinuls elliottii) 6. Southern Magnolia (Magnolia grandiflora) 7. Southern Red Cedar (Juniperus silicicola) @ Section 6. That section 54-3-14.6 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-14.6 Tree protection standards. (A) Application before certain activities; provISion of homeowner's packet; replacement of certain trees. Prior to grubbing, land clearing or removing any protected trees within the city limits of Sebastian, a person shall make application to the City for the appropriate permit. The department shall provide to each permit applicant a "homeowner's packet" that includes, at a minimum, information and techniques relating to the protection of trees during land preparation for construction or construction activities. The owner of the lot must sign the application which acknowledges receipt of a "homeowner's packet" regarding tree protection. All protected and historic trees destroyed or removed without a permit shall be replaced by a tree with a minimum height of 12 feet. The cost of replacing unlawfully removed trees shall be incurred by the party responsible for the removal or destruction. (B) Tree protection barricades. Prior to development or construction activity, the developer shall erect suitable brightly colored tree protection barricades, a minimum four feet tall, around all trees to be preserved and shall remain in place until the construction activities are completed. The area within the tree protection barricade shall remain free of all building materials, dirt or other construction debris, vehicles and development activities. Barricades shall be erected at a minimum distance from the base of the trees to be preserved according to the following standards: (1) For trees ten inches or less DBH. Tree protection barric~des shall be placed a minimum distance of five feet from the base of each tree to be protected. (2) For historic trees and trees greater than ten inches DBH. Protective barricades shall be placed at a minimum distance of ten feet from the base of each tree to be protected plus an additional one foot for each additional inch DBH greater than ten inches. Changes to grade or construction of impervious surface or utilities within the required protective barricade shall be permitted subject to the following guidelines: 1. Changes in grade or construction within the protected zone must be approved by the City Manager or his designee prior to beginning construction. Plans must be submitted which illustrate in detail protective measures necessary to protect the trees. 2. Impervious surfaces shall maintain minimum clearance from the bases of all trees to be protected. Trees fifteen inches DBH or less shall have a minimum clearance of six feet. Trees over 15 inches DBH up to 20 inches DBH shall have a minimum clearance of nine feet. Historic and trees over 20 inches DBH shall have a minimum clearance of 12 feet. 3. All roots outside the protective barricade to be removed during construction shall be severed clean. 4. All pruning of historic and specimen trees shall be done by a qualified tree service during construction. (C) Restriction of attachments to trees. It shall be unlawful to attach anything to a protected, historic, or specimen tree other than supportive wires, braces or other similar noninjurious materials. @ (0) Removal of material or ground prohibited It shall be unlawful to remove any material or ground within a ten-foot radius of any historic or specimen tree without a clearing permit. (E) Restriction as to harmful materials. The developer or property owner shall not cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a protected, specimen or historic tree within the dripline of such tree or groups of trees. ~2) f) @ (5) Proposed landscaping improvement including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared. Good forestry practices; i.e., the number of healthy trees that a given parcel of land will support. Necessity to remove trees in order to construct proposed improvements to allow economic use of the property, including: a. Need for access around the proposed structure for construction equipment (maximum often feet). b. Need for access to the building site for construction equipment. c. Essential grade changes. Topography of the land and the adverse impact of tree removal on erosion, soil retention and the diversion or increased flow of surface water, which is necessary to use the land while conserving natural resources (~) Must be removed in order for the applicant to use the property for any use permitted, conditional or special use for the zoning district in which the property is located and that such a use could not be made of the property unless the tree is removed. Alternative site plans shall be considered to determine if the specimen trees can be. saved without the removal or damaging ofthe trees; (1:"",.0) That the conditions of the tree with respect to disease, danger offalling or interference with utility services is such that the public health, safety or welfare require its removal. When there is a question of tree hazard, the building director may require documentation or certification from an arborist who has been certified by the International Society of Arboriculture. . Upon making a finding that a reasonable balance of the factors above indicates that the public interest is best served by allowing removal, the City Manager or his designee shall issue a land clearing permit for the removal of a protected tree. The tree(s) approved for removal shall be replaced as follows: 1. Protected Trees: On a one-for-one basis, by a tree equal to Florida grade number 1 or greater, having a minimum height of eight (8) feet and a minimum diameter of one and one half (1 1/2) inches or a circumference of 4.7 inches DBH, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs, up to the number of trees required to meet the minimum tree requirements for new construction. 2. Specimen Trees: On a one-for-one basis, by a tree equal to Florida grade number 1 or greater, having a minimum height of twelve (12) feet and a minimum diameter of two and one half (2 1/2) inches or a circumference of 7.8 inches DBH, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs, up to the number of trees required to meet the minimum tree requirements for new construction. 3. Sabal Palms: (Sabal palmetto, cabbage palms): Sabal palms having a clear trunk 6' or greater (measured from existing grade to bottom of lowest fronds) shall be replaced on a one-for-one basis by Sabal palms having at least 6' clear trunk, up to the number of trees required to meet the minimum tree requirements for new construction. Applicant shall post a copy of the permit at the site prior to commencement of grubbing, tree removal or land clearing. f6) f7) (~) ~ (C) If any inspection of the site indicates the presence of gopher tortoises, the applicant shall be required to obtain the necessary permits from the State of Florida prior to issuance of a pennit hereunder. Section 8. That section 54-3-14.8 of the Code of Ordinances, City of Sebastian, Florida, is. hereby amended to read as follows: Sec. 54-3-14.8. Residential landscaping requirements. All areas of residential lots not covered by a building or impervious surface shall be grassed, sodded, seeded or fully covered with landscape rocks, except for landscaped areas including protected existing natural vegetation. Landscaped areas shall be mulched, rocked or planted with a ground cover to prevent soil erosion. Water bodies such as lakes, ponds, wetlands, or waterways are exempt from this requirement. Further, a yard may be exempted if the owner submits a landscape plan utilizing accepted principles of xenscapmg. Section 9. That section 54-3-14.9 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-14.9. Residential tree requirements. (A) Required trees. (1) All residential lots shall have the following minimum number of trees: Lot Size (Sq. Ft.) Minimum Number of Trees 10,000 or less Five trees 10,000 to 15,999 Seven trees 16,000 to 19,999 Twelve trees 20,000 to 29,999 Fifteen trees 30,000 to 39,999 Eighteen trees 40,000 or more Twenty trees (2) Required trees shall be equal to Florida grade number I, or greater, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs. (3) Tree credits. All existing trees that meet the following criteria may be applied towards meeting the minimum number of trees as required in subsection (a)(I) above. @ @ I (a) Existing trees. Size (DBH in inches); Credit 2--4 1 tree Over 4--10 2 trees Over 10--20 3 trees Over 20 5 trees (b) Sabal Palm trees may be utilized on a one-for-one credit basis. (c) To encourage tree-lined streets, new trees, other than palms, planted in the front yard setback shall receive credits as outlined above. No more than two trees may be used for this requirement. (d) Limitations. Citrus trees may be used, provided that none is less than four feet in height and the number shall not exceed three or comprise more than 25%, whichever is greater, of the required minimum number of trees on the lot. If palms are used, they shall constitute no more than 35% of the total tree requirement and shall have a minimum ofsix feet of clear wood. (B) Certificate of occupancy. The required number of trees shall be planted prior to the issuance of a certificate of occupancy for new residences. Each lot owner where a residential unit is located must maintain on the lot a sufficient number of trees to comply with the requirements in this section. Any tree which dies must be replaced within thirty days. (C) Maintenance requirements. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the City Manager or his designee shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required. Section 10. That section 54-3-14.10 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-14.10 Commercial tree requirements. All multifamily, commercial, industrial and institutional sites shall meet the following requirements. (A) Trees along public streets. One tree for each 25 lineal feet or fraction thereof along aU public streets, with a minimum of two trees on anyone street frontage. (B) Tree requirement along perimeter not adjacent to the right-of-way. One tree for each 35 lineal feet or fraction thereof of the perimeter of the property not adjacent to public streets. (C) Tree requirements for off-street parking areas. There shall be one tree for every five parking spaces or fraction thereof (0) Tree specifications for open space. Open space shall include all required open space in this code, as identified in the approved site plan. Such open space areas shaU not include water areas. This requirement may be modified or waived by the planning and zoning commission for open areas that are inappropriate for the introduction of trees. There shall be one tree per 2,000 square feet, or portion thereof, of open space. (E) Location of tree plantings. Trees, as required above, should be spaced in clusters or situated in strategic locations consistent with good principles of design and plant installation with consideration for utilities, stormwater management, and potential root damage to sidewalks and vehicular areas. (F) Credit for existing trees. Credit shall be granted for exceptional quality trees which are preserved on a site and which meet the tree requirements of any landscaping provision of this article. All existing trees that meet the foUowing criteria may be applied towards meeting the minimum number of trees as required in this section. (1) Existing trees: Size (OBH in inches) Credit 2--4 1 tree Over 4--10 2 trees Over 10--20 3 trees Over 20 5 trees I (2) Palm trees may be utilized on a one-for-one credit basis. Exceptional quality shall be judged on the basis of such factors as extraordinary size of tree, vigorous health, large canopy cover, historic value, rareness, and age. No credit will be granted for preserved trees which are classified as undesirable, are extremely poor specimens or which are in declining health. @) Section 11. That section 54-3-14.11 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: . Sec. 54-3-14.11. Commercial landscaping reqnirements. (A) General requirements for landscaped areas. Landscaped areas shall include a combination of the following types of materials: trees, shrubs, annuals and/or perennial plants, vines, and/or ground cover. No more than 50% grass shall be used in the landscape area. The use of existing native vegetation including ground cover, shrubs, and trees, is strongly encouraged. These standards shall also be used in conjunction with the installation of the required interior landscape off-street parking requirements established herein. The following are common planting design concepts that should be implemented whenever possible: (1) Trees used in informal groupings and rows at major focal points. (2) Extensive use of flowering vines both on walls and arbors. (3) The use of planting to create shadow and patterns against walls. (4) Trees to create canopy and shade, especially in parking areas. (5) The use of flowering trees in informal groups to provide color. (6) Informal massing of colorful plantings. (7) Use of distinctive plants as focal points. (8) Berms, plantings, and low walls to screen parking areas from view of public right- i of-way while allowing filter views oflarger buildings beyond. .(9) The use of trees and plantings to reduce the apparent mass of a building. Inanimate materials commonly used in landscaping such as, but not limited to organic mulches, rocks, pebbles, walls and fences, but excluding paved surfaces, may also be utilized in landscaped areas. Pervious, decorative paving materials and brick pavers may be used in the form of walkways or driveways through landscaped areas; however, off-street parking area paved with such materials shall not be considered landscaped areas. All landscape areas shall be covered by a minimum of 75% living plant material prior to issuance of the certificate of occupancy. If an existing landscape strip is provided on the adjacent lot, the required landscape strip may be reduced to five feet in width upon the recommendation of the planning and growth management director and approval of the planning and zoning commission. (B) Perimeter landscape strip. A landscape strip shall be provided on the entire perimeter of all multifamily, commercial, industrial and institutional property, except properties with zero-foot setbacks. The landscape strip shall be a minimum of ten feet in width; however, property having a width or depth of 50 feet or less, the required landscape strip may be reduced to five feet in width. Necessary accessways from public rights-of-way or adjacent parcels through such landscape strip shall be permitted. Landscape strips located in easements may be adjusted upon the recommendation of the planning and growth management director and city engineer. Any combination of hedges, landscaped berm or ground cover shall be planted or installed along the entire length of each required landscape strip. In all multifamily residential or commercial districts, the barrier, hedge, or landscape berm shall be a minimum oHour feet in height; except in commercial districts, where the barrier, hedge or landscaped berm along street rights-of-way shall be a minimum of three feet in height. In @ addition, there shall be a minimum of one shrub for each six lineal feet of the required landscape strip. Said shrubs may be planted in groupings. When the required perimeter landscape strip coincides with a required off-street parking or parking lot landscaping strip, the perimeter landscaping requirements shall prevail, except a continuous hedge shall be required. In no case shall a landscape strip be required to exceed ten feet in width. (C) Interior landscape requirements. (1) Off-street parking areas. Off-street parking areas shall be landscaped with a minimum of 15 square feet oflandscape area for each parking space. Each landscape area shall be a minimum of 50 square feet in size. (2) Use of interior landscape strips. Interior parking landscaping shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area and to prevent cross space driving wherever possible. Landscaping dividing strips, with or without walkways, shall be used to subdivide parking areas into parking bays with not more than 30 spaces, provided that no more than 15 spaces shall be in an uninterrupted row. A portion ofthe required landscaping for interior parking spaces may be relocated so as to emphasize entrance corridors or special landscaped areas within the general parking area. (D) Parking lot landscaping requirements: Landscaping shall be provided around the perimeter of off-street parking areas, loading areas, or other vehicular use areas pursuant to the following standards: (1) A landscape strip at least ten feet in width shall be located between the abutting. property lines and parking, loading or other vehicular use area except where permitted driveway openings are to be provided. Where drainage or other utility easement exist along property lines, the landscape strip shall be located between the parking, loading or other vehicular use area and the utility or drainage easement. Landscape strips located in easements may be adjusted upon the recommendation of the planning and growth management director and city engineer. (2) A hedge shall be planted within the landscape area and shall be a minimum of three feet in height and form a solid and unbroken visual screen immediately upon planting. (3) Parked vehicles may overhang a landscape strip no more than 24 inches, provided curbing or other wheel stops are installed to insure no greater overhang of the landscape strip. Landscaping, walls, fences, and earthberms shall be so located as to prevent their damage and/or destruction by overhanging vehicles. (E) Specifications for living plant materials: (1) Trees: Immediately after planting, all trees shall be a minimum of eight feet in height, have a minimum diameter of one and one-half inches or a circumference of four and seven-tenths inches DBlI, and shall have a minimum of five feet of clear trunk space if necessary to preserve a safe sight distance for traffic safety. Trees shall be of a species having an average mature crown of greater than 20 feet and having trunks that can be maintained with over six feet clear wood. Trees or palms having an average mature crown spread of less than 20 feet may be substituted by grouping the same so as to create the equivalent of a 20-foot crown spread. Such a grouping shall count as one tree toward meeting the tree requirement for any provisions herein. . Fifty percent of the trees shall be native and drought tolerant. @ If palms are used, they shall constitute no more than 35% of the total tree requirements for any provisions herein and shall have a minimum of six feet of clear wood. No tree species shall account for more than 50% of the total number of trees. (2) Shrubs and hedges. Shrubs and hedges shall be used to complement the tree planting. Individually planted shrubs shall be a minimum of 24 inches in height immediately after planting. Shrubs planted for required hedges shall meet the minimum height requirements as established herein immediately after planting. Additionally, whenever possible all shrubs and hedges shall be planted in off-set rows in order to create a more immediate visual barrier. (3) Groundcovers. Groundcovers are plants that normally reach a mature height of no more than 24 inches. Rooted cuttings from flats shall be planted no more than 12 inches on center, and containerized woody shrub groundcovers shall be planted no more than three feet on center. Groundcovers shall be planted in such a manner as to present a finished appearance and 100% coverage within one year after the issuance of the certificate of occupancy. (4) Vines. Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screens and walls to meet physical barrier requirements. (5) Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns in the vicinity of the City of Sebastian, Florida. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion. When grass seed is sowed it shall be a variety of seed that produces complete coverage witi)in 90 days from sowing. (6) Quality. All plant materials shall conform to standards for "Florida No. I" or . better, as stated in "Grades and Standards for Nursery Plants," Part I (1973) and Part II (1975), State of Florida, Department of Agriculture and Consumer Affairs, as amended. Grass sod shall be clean and reasonably free of noxious pests or diseases. (7) Synthetic plants. Synthetic or artificial material in the form of trees, shrubs, ground covers or vines shall not be used in lieu of plant requirements in this article. (F) Existing native vegetation. The site plan shall include a description of the existing, natural vegetation. The natural vegetation should be incorporated into the landscape plan. Where such natural vegetation is to be used, protective barriers shall be installed prior to land clearing. (G) Protection of landscape strips. All landscape strips shall be protected from vehicular encroachment by raised curbing. Where such strips abut parking stalls, raised wheel stops shall be required to protect the landscape strips. (II) Berms. Berms are encouraged for use in meeting the landscape barrier requirements of this article. Ifberms are utilized, they shall be landscaped with living plant material to achieve the required heights. . (I) Maintenance requirements. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas must be equipped (j9 with an irrigation system approved by the city engineer. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the building director shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required. Section 12. That section 54-3-14.12 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-14.12 Commercial landscape plan requirements. (A) Landscape plan components. A landscape plan shall be submitted to and approved by the growth management department as part of the site plan application. The landscape plan shall contain the following: (1) Name, address and phone number of the owner and landscape architect or other person with similar qualifications in the field oflandscape design. (2) North arrow, scale and date; minimum scale of one inch equals 50 feet. (3) Property lines, easements and rights-of-way with internal and property line dimensions. (4) Location of existing or proposed underground and overhead utility service. (5) Location and size of any existing or proposed structures. (6) Location and size of any existing or proposed site features, such as earthen mounds, swales, fences, walls and water areas. (7) Location and size of any existing or proposed vehicular use areas. (8) Location and size of any existing or proposed sidewalks, curbs and wheel stops. (9) A description of the irrigation system as required by section 54-3-14.13. (10) Calculations of required type, dimensions and square footage of landscape material and of required landscape areas, including: Total site area, parking areas, percentage of nonvehicular open space, perimeter and interior landscape strips, and required number of trees. (11) Location, dimensions and square footage of required landscape areas. (12) Location, name, height and size of all existing plant material to be retained. (13) Location, size, height and description of all landscape material including name, quantity, quality, spacing and specified size and specification of all plant material. (14) Height, width, type, material and location of all barriers of nonliving material. (15) Location, dimensions and area of landscaping for freestanding signs. (16) Show all landscaping, buildings or other improvements on adjacent property within five feet of the common property line. (17) If the site has been filled, identify what soil improvements will be implemented to ensure the viability of the landscaping. The landscaping plan shall be drawn by a landscape architect or other person with comparable qualification in the field oflandscaping. (B) Review and approval procedure. Landscape plans shall be reviewed and approved at the time of site plan approval. A representative of the planning and growth management department shall inspect all landscaping and the certificate of occupancy shall not be @ issued until the landscaping is completed in accordance with the approved site plan and the requirements of this section. Section 13. That section 54-3-14.13 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-14.13 Commercial irrigation standards. All multifamily, commercial, industrial, and institutional sites shall provide a permanent irrigation system for all landscape areas. (A) All irrigation systems shall be designed to avoid surface runoff; overspray, or similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures. (8) Irrigation systems shall use drip, trickle, low flow sprinkler heads or any other recognized method of low volume, high efficiency irrigation and shall be designed to apply water uniformly over the irrigated area. (C) Irrigation systems design flows shall meet peak irrigation requirements of the plant material. (0) Sprinkler spacing should not exceed manufacturer's recommendations. (E) Special attention shall be given to avoid erosion due to runoff on slopes. (F) Rain sensing override devices shall be required on all automatic irrigation systems. Soil moisture sensing devices are encouraged. (G) For those sites where the installation ofreclaimed water system is feasible and meets all regulatory requirements, such a system shall be installed. Where such reclaimed water is not available, well water should be used. Any irrigation system connected to the drinking water supply shall have a cross connection devices approved by the Indian River County Utilities Department. (II) A maintenance plan shall be provided. Section 14. That section 54-3-14.14 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-14.14. Screening and buffer yard requirements. (A) Required screening of abutting residential and nonresidential uses. In order to maintain stability of residential areas, nonresidential development within or abutting residential districts and multiple-family development abutting single-family residential districts shall provide a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof so as to provide a continuous 90% opaque solid screen not less than five feet in height to form a continuous screen along such abutting property lines. In addition, one tree shall be provided for each 25 lineal feet or fraction thereof of such landscape barrier. Notwithstanding, all developments shall comply with the landscape requirements of this code. Where a conflict exists with the standards of this paragraph, the more restrictive requirement shall prevail. Credit may be given for existing plant material against the requirements of this section. Adjustments may be rendered by the planning and zoning commission to the requirements of this paragraph based on demonstrated need by the applicant. @ The site plan applicant and successors in ownership shall maintain the continuous screen in perpetuity. (B) Applicability of screenings. Anyone of the following types of screening may be required by the planning and zoning commission or city council during the site plan review process, for the purpose of minimizing the impact of potentially objectionable areas such as parking lots, major thoroughfares, unsightly rear entrances, utility or maintenance structures, solid waste disposal facilities, loading facilities and swimming pools and active recreational areas. Screening may also be required where land uses of different intensities are located in close proximity to each other. (C) Description of screening types. Three (3) basic types of screening are hereby established: Type "A", Opaque Screen; Type "B", Semi-Opaque Screen; and Type "C", Intermittent Screen. (1) Type "A" opaque screen. An opaque screen is intended to completely exclude all visual contact between uses. The type "A" screen shall be completely opaque from the ground up to a height of at least six feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 20 feet. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof which maintains a completely opaque screen of at least six geet in height. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average height and density of foliage of the subject species at the time of planting, or field observation of existing vegetation. The six- foot opaque portion of the screen must be opaque in all seasons ofthe year. (2) Type "B" semi-opaque screen. The semi-opaque screen is intended to partially block visual contact between uses. The type "B" screen shall be completely opaque from the ground to a height of at least three feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 20 feet. The semi- opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or any combination thereof which maintains a completely opaque screen of at least three feet. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of average mature height and density offoliage of the subject species, or field observation of existing vegetation. (3) Type "C" intermittent screen. The intermittent screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. The type "C" screen shall utilize large trees having a mature height of at least 20 feet. The intermittent screen may be composed of fences, berms, and either existing or planted vegetation. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observations of existing vegetation. (0) General standards for screening and buffer yards. In addition to the commercial landscape requirements where the provisions of this Article require screening or buffering, the following standards shall apply: (1) Landscaped buffer strip required. A landscaped buffer strip not less than ten feet in width shall be provided in conjunction with all screening required herein. The buffer strip may be contained within required setbacks. Each buffer strip shall be landscaped with ground cover (preferably native species) in addition to the required screening materials and trees. The landscape strip shall contain no parking area or stormwater management. @ (2) Tree plantings required as intermittent obstructions. All screen types (nAn, nBn, or ncn) shall include one tree for each 25 lineal feet or fraction thereof of screen length. Such trees shall satisfy the requirements for intermittent visual obstructions for all types of screens. The above trees are in addition to the trees required under the commercial tree requirements above. All trees required by this provision shall be planted in the buffer strip. Trees shall be planted to maximize screening effect. (3) Grading of berms. Whenever berms are utilized, they shall be constructed with a grade not to exceed one foot vertical to three feet horizontal (1:3 slope) with a four-foot wide flat top for plantings. If berms are used in satisfying the screening and buffering requirements, they shall be landscaped with plant material, preferably native, to achieve the required heights. (4) Quality and maintenance of plant materials. All plant materials utilized to fulfill the requirements of this section shall be cold tolerant and shall meet criteria of this article. Synthetic or artificial material in the form of trees, shrubs, vines, ground cover or artificial turf shall not be used in lieu of plant requirements in this section. (5) Credit towards other required landscaping. Where the landscaping provided under this section meets the requirements of other provisions of this Article, such landscaping may be credited toward fulfilling those requirements, with the exception of any required recreational open space. (6) Front yards, visibility triangles. The above standards notwithstanding, no screening shall be required which conflicts with front yard fence or wall height limitations or required visibility triangles. (7) Maintenance. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas must be equipped with an irrigation system approved by the city engineer. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the building director shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required. Section 15. That section 54-3-14.15 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 54-3-14.15 Exemptions to tree protection standards. (a) During the period of any emergency proclaimed by the governor of the State of Florida, the city council of the City of Sebastian or the mayor of the City of Sebastian as provided within the City Charter, all requirements of this article may be temporarily @ suspended by the city manager for the period of time required by private or city work forces to remove hazardous trees or clear public thoroughfares. (b) All properly licensed plant or tree nurseries shall be exempt from the provisions of this article only in relation to the trees growing on the premises of the nursery and so planted or growing for the sale or intended sale to the general public in the ordinary course of the licensee's business. Section 16. That section 54-3-14.17 of the Code of Ordinances, City of Sebastian, Florida, is hereby renumbered as Sec. 2-240, transferred, and amended to read as follows: Sec. 2-240 Tree and landscape advisory board. (a) There is hereby created a tree and landscape advisory board, which shall provide advice to the city council on care of trees and landscaping within the city limits. The focus of the board shall be on preservation of historic, specimen and protected trees, and proposed planting of trees or landscaping. In addition, the board will advise as to how the City can best monitor, maintain and enhance the urban forest and its related resources. The board will provide guidance on proposed amendments to tree protection and landscape Article, and other matters as necessary or when requested by the city council. (b) The tree and landscape advisory board shall consist of five regular members and two alternate members. Meetings shall be held at such times and places as determined by the city council and shall be open to the public. ( c) Mission Statement: To preserve, protect, promote and increase the natural canopy indigenous to the City of Sebastian. Section 17. That the definition of "Specimen tree" as set forth in section 54-5-22.2 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Specimen tree. Any tree 10 inches diameter at breast height (DBH) or more, and shall include all mangroves and exclude palm trees except for sabal palms. Section 18. That the definition of "Tree" as set forth in section 54-5-22.2 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Tree. A woody plant having a well defined stem, a more or less well defined crown, and which is capable of attaining a height of at least 12 feet and attaining a trunk diameter of not less than four 10 inches diameter at breast height (DBH). Section 19. That section 54-5-22.2 of the Code of Ordinances, City of Sebastian, I Florida, is hereby amended to add a definition of "Protected tree" to read as follows: I Protected tree. Any tree 4 inches diameter at breast height (DBH) or more, and shall include all mangroves and exclude palm trees except for sabal palms. Section 20. CONFLICT. All code provisions in conflict herewith are repealed. (!j) Section 21. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder ofthe Ordinance shall not be affected and it shall be presumed that the City did not intend to enact such invalid provision. It shall further be assumed that the City would have enacted the remainder of this Ordinance without said invalid provision, thereby causing the same to remain in full force and effect. Section 22. EFFECTIVE DATE. This Ordinance shall be effective upon passage. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Councilmember Lisanne Monier Council member Andrea Coy Councilmember SaI Neglia The Mayor thereupon declared this Ordinance duly passed and adopted this 26th day of October, 2005. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Mayor Nathan B. McCollum Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney @ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 1, 2005 landscape requirements, elevations will match the design and color of the house, an application for the auxiliary driveway has been submitted, it meets setback requirements and code and staff recommends approval. The applicant said the garage would be used for storage. MOTION by Oakes/Paul to approve the 30' X 33' Detached Garage for Lewis & Denise Amold at 1019 Landsdown Drive. ROLL CALL: Chmn. Smith Mr. Celli Mr. Allocco yes yes yes Mr. Mahoney Mr. Paul Mr. Oakes yes yes yes The vote was 6-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARING - CONDITIONAL USE PERMIT - NEW MODEL HOME - MARANDA HOMES, INC. - 183 STONY POINT DRIVE _ SEBASTIAN RIVER LANDINGS Chmn. Smith swore in the applicant and staff. Mr. Rich Brown, Division Manager for Maranda. Homes presented their application. Ms. Kind added that a certificate of occupancy has been issued but prior to the issuance of a model home permit the parking will be inspected. Mr. Oakes stated for the record that he works for MFC Mortgage, which is a subsidiary owned by Maranda Homes and he is recusing himself from the vote. MOTION by Allocco/Celli to approve the conditional use permit for a new model home for Maranda Homes, Inc., 183 Stony Point Drive, Sebastian River Landings. ROLL CALL: Mr. Mahoney Mr. Allocco Mr. Paul yes yes yes Chmn. Smith Mr. Celli yes yes The vote was 5-0. Motion passed unanimously. OLD BUSINESS: CONTINUED PUBLIC HEARING - RECOMMENDATION TO CITY COUNCll- LAND DEVELOPMENT CODE AMENDMENT - ARTICLE XIV, TREE PROTECTION AND LANDSCAPING - ORDINANACE 0-05-18 Mr. Stringer handed out copies of the legislative format to show the changes made and stated legal disclaimers. The residential section is the one that has been rewritten. He explained his process of condensing and rewriting this article. He explained his analysis of tree removal. There was mention about gopher tortoise relocation and Mr. Stringer explained that he kept the intent if tortoise is found during tree inspection, proper permits for relocation must be obtained. He removed the sections about inspecting and processing for tortoises, as that could be put into a separate section. Wherever a specific department or manager is mentioned he changed it to read City Manager or his designee. The other significant change is the Tree and Landscape Advisory Board section does not belong in the land Development Code because it does not regulate the use of land. Mr. Stringer moved this to the section of the regular code that deals with all 2 {f}J PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF SEPTEMBER 1, 2005 other boards. He explained how the tree replacement of 1:1 would not stand up in court. There was discussion regarding historic trees and correcting the paragraph pertaining to sable palms. Mr. Stringer suggested adding the phrase, "to meet the minimum tree requirements for new construction" instead of "replace at a 1: 1 basis" for sable palms. Following discussion it was agreed to develop language for section14.9 with regard to xero-scaping. MOTION by. Paul/Celli to recommend for approval Article XIV, Tree Protection and Landscaping, Ordinance Q-{)5-18 with the change to sable palms requirement for new construction and to develop language and proper verbage for xero-scaping. ROLL CALL: Mr. Allocco Mr. Celli Mr. Oakes yes yes yes Chmn. Smith Mr. Mahoney Mr. Paul yes yes yes The vote was 6-0. Motion passed unanimously. CHAIRMAN MATTERS: MEMBER MATTERS: NONE Mr. Allocco inquired about the status of Scratch and Dent World in Chessar's Gap. Ms. King reported that she met with the painting contractor and they are still negotiating with them to comply with our code. There was discussion about the tented carports being erected on residential properties. Mr. Stringer explained if it is less than 200 square feet it doesn't do accessory structure review. However, the rule is if they permanent affIX it then they would have to meet the wind loads, which they cannot do. Chmn. Smith adjourned the meeting at 8:00 p.m. (9102105 sbl) DIRECTOR MATTERS: ATTORNEY'S MATTERS: NONE Mr. Stringer reported on a packet he received from the county attorney's office regarding changing the urban service line by referendum and within the main thrust of their research was whether or not in doing this they could preempt our planning and zoning authority over any lands that we annex. . @ 3 IIOMEOJ PEUC.Vl ISLAND CITY OF SEBASTIAN AGENDA TRANSMITrAL Subject: Purchase of24 Tasers (Electronic Control Devices) Agenda No. 5: 11 fa Department Origin: Po' e mittal by: City Manager Department Head: Finance DirectorQ City Attorney: City Clerk: Date Submitted: 09/15/05 For Agenda of: 09/28/05 Exhibits: DGG Taser & Tactical Supply Proposal EXPENDITURE REQUIRED: 523,956.43 AMOUNT BUDGETED: 524,000 APPROPRIATION REQUIRED: None SUMMARY In the budget adopted by City Council for fiscal 2004/2005, $24,000 was allocated for the purchase of Electronic Control Devices (Tasers). At that time, the Police Department was engaged in researching the Taser's appropriateness for use in Sebastian. The T aser is not without controversy as it has been the topic of many studies regarding in-custody deaths. To date, none of the studies perfurmed determined the Taser to be the cause of death in any of the reported cases. Considering the available data, I believe the Tasers will be a beneficial tool to our officers for controlling and apprehending combative subjects without inflicting serious injury to the subject while reducing the chance of injury to our officers. The Tasers will not be issued until the receiving officers have been thoroughly trained in their use. They will also have to receive training on a new policytbat restricts the use of the Taser. Taser International, Inc. is the sole source manufacturer of the Advanced Taser X-26, Air Cartridges, and other related accessories. Taser International, Inc. informed us that DOG Taser and Tactical Supply, Inc. located in Jacksonville, Florida is the Sole Authorized Police Distributor for the Taser in the State of Florida. RECOMMENDED ACTION Move to approve the purchase, on a sole source basis, of24 Advanced Tasers X-26 and other related accessories from DOG Taser and Tactical Supply, Inc. in the amount of$23,956.43. @ Estimate Date Estimate # 9/7/2005 1328 8725 YOUNGERMAN CT. STE 305 JACKSONVILLE FL 32244 I Department & Address , 904-7774801 FAX 904-777-4802 Sebastian Police Department info@dggtaser.com Attn: Accounts Payable 1201 Main Street Sebastian, FL 32958 CbiefDavis Item Description Quantity Rate Total 26000X X-26 Advanced Taser with laser sight, low 24 810.00 19,440.00 intensity light, extended digital power magazine, dataport download capability and exo-skeleton holster llOO7T X-26 BladeTech holster with Tek Lokbelt 24 49.95 1,198.80 attachment and one cartridge holder 26500 X-26 USB Dataport download software I 14995 149.95 and adapter kit 44205 Non-conductive 21-1Oot training cartridge 72 17.97 1,293.84 single shot for scenario based tminiog (Blue cartridge )(3 per officer for training) 44200 21-foot air cartridge single shot(3 per 72 18.97 1,365.84 officer for field use) Training Training cost for M-26/X-26 Taser 1 275.00 275.00 Instructor Certification Freight Shipping & Handling 233.00 233.00 X-26 Warranty A 4-year extended warranty may be purchased up to 1 year from date of purchase for $179.95 per Taser. Please stop and see us at our new 1500' retail store at 8725 Subtotal $23,956.43 Youngerman Ct. in Jacksonville. Sales Tax $0.00 Total $23,956.43 @ CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Realignment of Barber Street Agenda No. 05. /1"7 Submittal by: Department Origin: Department Rea : Finance Director City Attorney: City Clerk: r Date Submitted: 22 September 2005 For Agenda of: 28 September 2005 Exhibits: Draft Work Authorization No.1 to Existing Master Agreement for Professional Services (revised 19Sep 05). EXPENDITURE REQUIRED: Not to Exceed $45,000 AMOUNT BUDGETED: -0- APPROPRIATION REQUIRED: $45,000 FUNDING SOURCE: Road Project Savings SUMMARY The realignment of Barber Street from Arcadia Drive toTracy Drive has been long planned. By previous agreement with Indian River County the City is to pay for design, construction, and ongoing maintenance of the realigned portion while the County is responsible for acquiring the necessary additional ROW. The City has a current Master Agreement for Professional Services in place with the engineering firm of Schulke, Bittle & Stoddard, LLC, (SBS) ofVero Beach. SBS has been requested by the City to provide the design services for this realignment project under Work Authorization No.1 withio that Master Agreement. Accordingly, Work Authorization N 0.1 (current draft attached) has been initiated, negotiated, and reviewed by the City Purchasing Department. The resulting stated amount of the Draft Work Authorization No. 1 is $40,210 plus direct reimbursement for printing, reproduction costs, and application/permitting fees with the final total amount estimated to not exceed $45,000. RECOMMENDED ACTION Motion to approve Work Authorization No. I under the City's current Master Agreement for Professional Services with Schulke, Bittle & Stoddard, LLC, of V ero Beach for the design and permitting of the realignment of Barber Street in au amount not to exceed $45,000. @ JOSEPH W. SCHULKE, P.E. JODAH B. BITTlE, P .E. WILLIAM P. STODDARD, Ph.D., P .E. SCHULKE, BITTLE & STODDARD, L.L.C. CNlL & STRUCTURAL ENGINEERING . LAND PLANNING . ENVIRONMENTAL PERMITTING Letter of Transmittal TO: FROM: David Fisher JosephW. Schulke, P.E. COMPANY: City of Sebastian DATE: September 19, 2005 ADDRESS: 1225 Main Street Sebastian, FL 32958 PROJECT: Barber Street Realignment JOB NUMBER: 04-098 ' NO. OF TYPE OF COPIES PRINTS DESCRIPTION 1 Draft - Work Authorization revised 9/19/05 J 1 ~ <=> 1 fIG Ii'\3 SIGNATURE: REMARKS: . COPIES @ 1717 Indian River Bivd., Suite 301 VERO BEACH, FLORIDA 32960 TEL 772/770-9622 FAX 772/770-9496 EMAIIL sbseng@bellsouth.net CITY OF SEBASTIAN. FLORIDA WORK AUTHORIZATION FORM Work Authorization No.: 1 Project Identification: BARBER STREET RE-ALIGNMENT IT IS AGREED to undertake the following work in accordance with the provisions of our Master Agreement entitled PROFESSIONAL SERVICES AGREEMENT dated June 29, 2004: Description of Assignment: SEE ATTACHED EXHIBIT (1) Basis of Compensation I Period of Services: . Basis of compensation will be a lump sum fee of$40,210.00, and direct reimbursement for printing, reproduction costs, and application fees, in accordance with the Master Agreement and the attached Exhibit (1). Period of Services: Work will commence upon execution of this Work Authorization by the parties, and completion of the work will take place no later than one hundred eighty (180) consecutive calendar days henceforth. AGREED as to scope of services, time schedule, & budget this day of . 2005: CITY OF SEBASTIAN, A Florida municipal corporation . City Manager STODDARD, LLC By: By: . chulke, Managing Member Attest: Approved to Form and Content for Reliance by the City of Sebastian Only: Sally A. Maio, CMC, City Clerk Rich Stringer, City Attorney STAFF APPROVALS: PUBLIC WORKS CITY ENGINEER: FINANCE DIRECTOR . GENERAL SERVICES ADMINISTRATOR as to overall project requirements as to engineering as to budget as to purchasing and contract administration (jj) EXHIBIT (1) Non-Exclusive Professional Engineering Agreement @ NON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING PROFESSIONAL ENGINEERING SERVICES FOR: CITY OF SEBASTIAN WORK AUTHORIZATION #1 Proiect Description The proposed project will provide for the DESIGN, PERMITTING AND CONSTRUCTION of the "Reali<mment of the Intersection of Barber Street and Pelican Island Place" including the realignment of approximately I 012 If of Barber Street and 30llf of Pelican Island Place. The improvements are proposed to be realigned at this intersection to provide an alignment that is safer for the public and meets minimum excepted standards for an urban collector roadway (Barber Street). The realignment of Barber Street will start approximately 303 If southwest of the intersection, and will continue along a curve toward the east, ending at the intersection of Barber Street and Tracy Drive. The re-alignment of Pelican Island Place will start 30llf :!: north of the intersection, and end at the intersection. Minor modifications will also be necessary at the intersection of Barber Street and Empire Terrace. (See Exhibit "A" for location) Scope of Services Schulke, Bittle & Stoddard, LL.C. will provide services including surveying, engineering design, preparation of Construction Plans, preparation and submittal of permit applications, construction administration and periodic construction field inspection for the proposed project that will provide for the DESIGN, PERMITTING AND CONSTRUCTION of the realignment of the intersection of Barber Street and Pelican Island Place (See Exhibit "A" for location and Exhibit "B" for estimate of professional fees). In order to execute this project in the most cost effective manner with the most aggressive schedule, Schulke, Bittle & Stoddard, L.L.C. is nsing the following sub-consultants: · Houston, Schulke, Bittle & Stoddard, Inc. for the route survey. · KSM Engineering & Testing, Inc. for soil boring and testing information. · Bio- Tech Consulting, Inc. for Enviroumental consultation In connection with this project, the City will provide the Engineer with a copy of any pertinent Preliminary Data or Reports; all available dxawings in electronic Autocad format; all surveys, maps and other documentation in the possession of or reasonably available to the City that are pertinent to the project. Page 1 of5 B It is anticipated that the following plans and documentation will be prepared: · Subsurface exploration! geotechnical report . Route survey · Environmental assessment/report · Roadway Construction plans o Cover Sheet (1) sheet o Key sheet, General Notes, Design Data (1) sheet o Geometry/Base Map (l" = 40') - (1) sheet o Existing Site Conditions (1" = 40') - (1) sheet o Construction Plan (1" = 40') - (2) sheets o Profiles - (l) sheet o X-sections - (1) sheet o Pollution Prevention Plan - (1) sheet o Specifications/Details - (2) sheets o SignagelStriping specs/Details - (1) sheet Services not included in this scope of services are listed as follows: · Excavation for field verification of actual locations of existing underground utilities and structures. It is requested that City of Sebastian provide the excavation as directed by Schulke, Bittle & Stoddard, L.L.C. · Any services associated with assisting City of Sebastian in review and evaluation of patent related disputes, issues, or claims including preparing to serve or serving as a consultant or witness for City of Sebastian in . litigation, arbitration, public or private hearings, or other legal administrative proceedings involving patent related disputes, issues or claims. · Any services in connection with the project not otherwise provided for in this scope of services. Consulting Engineer Insurance Requirements The ENGINEER shall, at least ten (10) days prior to the commencement of any work covered by a specific approved Work Order, provide to the City of Sebastian, certificates of insurance as outlined in the Continuing Professional Services Agreement for Engineering. @ Page 2 of5 Method and Amonnt of ComDensation Schulke, Bittle & Stoddard, L.L.C., proposes to provide the above Scope of Services based on the following lump sum fees (see exhibit 'B' for estimate of Professional Fees): Task 1. Task 2. Task 3. Task 4. A. Task 5 Surveying and preparation of Base Plans $ 5,200.00 (Note: Surveying will include topography, paving, grading, and drainage locations, tree locations within the existing and proposed R/W(s), and the establishment of a centerline / baseline of construction for the proposed realignment, with sections and profile. Preliminary Environmental assessment $ 1,620.00 Biologists will conduct an on-site review for the presence of jurisdictional wetlands (non are anticipated) and conduct a Pre1iminmy Systematic Survey for protected species in accordance with Florida Fish and wildlife Conservation Commission (FFWCC) guidelines, and request that the U.S. Fish and Wildlife Service (FWS) and FFWCC review their files for the presence of any listed species that may be present. (Gopher Tortoise, Scrub Jay may be present) Geoteclmical evaluation and report $ 1,650.00 (soil borings-l / 200 ft ::t along route, lOft. deep, and pavement cores at existing pavement, and soil permeability test data. B. Engineering design! permitting. Civil Design!Permitting: Preparation of Construction $21,560.00 plans, preparation and submittal of Permit Applications to: City of Sebastian, IRC Utilities, FDEP (NOl), SJRWMD, FPL, FFWCC; and preparation of Construction Specifications. Environmental permitting. (if required) Preparation of $ 900.00 FFWCC applications for Gopher Tortoise Incidental Take or Standard relocation permits. (USFW Scrub Jay Habitat Conservation Plan is not anticipated and not inclnded.) Contract Admini~tration: Prepare written specifications $ 9,280.00 for City's use with Standard City Bid Documents. Forms, Documents and Drawings will be in electronic Format MS Word. Assistance during Bidding, Bid Evaluations, Contract Award and Construction Administration and Periodic Admini~tration and Periodic ConstructionlField inspections. Total: $40,210.00 (fjf) Page 3 of5 Partial payments shall be made monthly to the engineer, based on a certified monthly invoice submitted to the city project mHnHger. Invoices shall be based on the percent of work complete of each task outlined above. Payment shall not be made until the completed or partially completed work (including reports, plans, surveys, or other documentation) is reviewed by the City Project Manager and found to be consistent with the percent of work complete indicated on the invoice. Printine: and Reproduction The City shall make direct payment to our office for the cost of printing project plan sheets required for utility coordination and for copies of reports, drawings, specifications, bidding and construction contract documents, and other pertinent items required by federal, state and local agencies from whom approval of the project must be obtained, prospective bidders, material suppliers, and other interested parties, but may charge only for the actual cost of providing such copies based on the following tabnlation: 8 1/2" xII" lI"x 17" 31/2" diskette CD $ O.25/sheet $ O.50/sheet $ 2.00/each $ 4.00/each blue line prints reproducible sepias reproducible mylars $ 0.333/SF $ O.75/SF $ 1. OO/SF Application Fees The city shall make direct payment to our office for the actual cost of all construction permit application fees paid to jurisdictional agencies, including but not limited to: F.D.E.P. (NOl), SJ.R W.M.D., I.R.C (utility). Time of Performance The estimated time frame for completion of services from the approval of this Work Authorization is a follows: I. Surveying, Engineering Design & Preparation of Construction Plans, specifications and Bid Documents 3 Months 2. Submittal of Permit Applications and Receipt of permits 3 Months 3. Bidding, Contract Award & Project Construction 3 Months BJ Page 4 ofS IN WITNESS WHEREOF the parties have executed these presents this ,2005. ATTEST (SEAL): Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Attest: (seal) day of THE CTIY OF SEBASTIAN By: City Manager ENGINEER: Schulke, Bittl Page 5 of5 @ @ <.!l Z [;;~ ~;!: Q~ C'l 8 e e e -^v 3A1~G- A~V(ll l@~ ~~ ~~ 0: I'ilffi ~! g 0..!E ~~ ~ 1:l ~ c <.!l Z ~ . ez N~ 0;.. ~ ~ ~ II 0: :i 0.. ::0 ~ II >, ~ ~ I e~ '" 0: 0 ~ C'l m 0 0: 0.. ~ 0 C'l &i t;?c z ~~ z 0 0 ~O:: M~ ~ z 8 > . ~~_'u ~~ ~ ~ d!j @.~I~ '. ~~~! ~ ~i~; ~E ~!t~ ~..~ Cl: ~ ~~~ ~~3g B~~.;! u~:;: ...0 is tf.l w z :J I ~ ~ " l.il ~ z fiI tIl ~ l5l 0.. ?c .;!: .~ tL '"0 '" !ii ~ g ~ ~ 8 I !t ~ (!j ~ ~ >-l ~t1~ ~~3 ~~~ o~~~ P:l ~ ~ .~ ~=t"I) ~ ~ ~ In EXHIBIT 'B' ESTIMATE OF PROFESSIONAL FEES Task 1 Survey; consultant Houston & Bryant, Inc. $ 5,200.00 (see proposal attached) Task 2 Preliminary Environmental Assessment; consultant $ 1,620.00 Biotech Consulting, Inc. (see proposal attached) Task 3 Geotechnical; consultant KSM Engineering & $ 1,650.00 Testing, Inc. (see proposal attached) Task 4-A. Civil DesignlPermitting $ 21,560.00 Task 4-B. Environmental Permitting, Consultant Biotech Consulting, Inc. $ 900.00 Task 5 Contract Administration $ 9,280.00 Page 1 of3 @ EXHIBIT 'B' - ESTIMATE OF PROFESSIONAL FEES TASK 4-A. CNIL DESIGN/PERMITTING ESTIMATE - ENGINEERlNG MANHOURS Preliminary Engineering Proposal Meetings Coordinating with consultants Maps! Aerials Preliminary ResearchlDesign Priocipal Engineer Designer Tech. Assistant 30 8 4 8 2 2 2 2 38 4 6 4 12 10 Final Engineering DraftinglDesign Set-up Base Plan lnitial'Redline lnitial Draft -Plan -Profiles -Sections Redline 2nd Draft -Plan -Profile -Sections -Details/Specs Meetings with City, etc. Redline Final Draft General Administration Priocipal Engineer Designer Tech. Assistant 8 6 2 2 2 6 4 4 4 4 4 30 Permitting Drainage Calculations Applications Meetings/Phone Response -Revise Cales -Revise Plans. -Resubmit Priocipal Engineer Designer Tech. Assistant 12 426 2 2 1 2 4 1 3 6 1 2 26 8 10 62 96 28 $110 $80 $40 $6820 $7680 $1120 $ 21560 TOTAL HOURS 44 RATE $135 FEE $5940 TOTAL @) Page 2 of3 EXHIBIT 'B' - ESTIMATE OF PROFESSIONAL FEES TASK 5. CONTRACT ADMINISTRATION ESTIMATE - ENGINEERING MANHOURS Contract/Bidding Prepare Written Specifications* Assist City with Notice Pre-Bid Meeting Clarifications City Council InsPections/Contract Administration Pre-Construction Meeting Shop Drawings Review Pay Request( s) Inspections (6 weeks @ 10) CertificationslReview As-Builts/ And Walk-Thru General Administrative TOTAL HOURS RATE FEE TOTAL Principal Engineer Designer Tech. Assistant 4 8 2 2 222 2 2 2 6 8 0 14 Principal Erurineer Designer Tech. Assistant Inspector 3 2 2 1 3 1.5 6. 60 2 8 4 2 6 12.5 2 22 o 64 8 30 64 26.5 $135 $110 $80 $40 $ 60.00 $1080 $3300 $0 $1060 $ 3840.00 $ 9280.00 Page 3 DB @) SCHULKE, BIITLE & STODDARD, . bl.COPV . JOSEPH w. SCHULKE, P.E. JODAH B. BITTLE, P.E. WILUAM P. STODDARD, Ph.D., P.E. @) CML & STRUCTURAL ENGINEERING' LAND PLANNING . ENVIRONMENTAL PERMITTING February 25, 2005 Mr. David Fisher, P.E. City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject Continuing Services ,Contract Proposed Work Authorization. NO.1 . Barber Street Re-Alignment Engineering Project Number: 04-098 Dear Mr. Fisher: Enclosed please find a draft "Work Authorization NO.1" for "The Realignment of Intersection of Barber Street and Pelican Island Place", and the following letter report and documentation as requested during our discussion in July 2004. GENERAL City of Sebastian Public Works Department has requested that SBS provide a proposal for engineering services for the "Realignment of the Intersection of Barber Street and Pelican Island Place", and provide with the proposal a report on the recommended design and status of right-of-way acquisition (by IRC), and availability of funds from Indian River County. DESIGN In accordance with conversations with Jim Davis, P.E. Indian River County Public Works Director; Dave Fisher, P.E., City of Sebastian Engineer; and Jeanne Bresett, Indian River County Traffic Coordinator, Barber Street is classified as a "major collector" roadway on the Indian River County thoroughfare plan, and . should be designed with a design speed of 45 mph. Incorporating "FOOT Manual on Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways", design recommendations are as follows: 1. Barber Street - Urban High Speed a. Traffic Counts: 5826 ADT (9/9/03 - IRC Report) b. Design Speed: 45 mph c. Minimum Width: (2) -12 feet lanes (24 ft.) d. Clear Zone: 18 ft. 1717 INDIAN RIVER BLVD., SUITE 301, VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 FAX 772 / 770-9496 EMAlL sbseng@bellsoulh.nel Page 2 of 3 . e. Shoulder: min 8' wide stabilized (min) 4' wide paved/4' wide stabilized (preferred) f. Horizontal Alignment: (Figure III - 2) v = 45 mph, R = 955 ft., e = 0.02 (reverse crown) 2. Pelican Island Place - Urban Lower Speed (local) a. Traffic Counts: (400 ADT (estimate) b. Design Speed: 35 mph c. Minimum Width: (2) 10' lanes (20 ft.) d. Clear Zone: 6 ft (local) e. Shoulder: 6 ft. t. Horizontal Alignment: (Figure 111-2) V = 40 mph, R = 680 ft., e = NA Attached as Exhibit 'A' is a sketch of the proposed roadway alignment, which depicts the proposed project, including the realignment of approximately 1012 If of Barber Street and 301 If of Pelican Island Place. The improvements are proposed to be realigned at this intersection to provide an alignment that is safer for the public and meets minimum excepted standards for an urban collector roadway (Barber Street). The realignment of Barber Street will start approximately 303 If southwest of the intersection, and will continue along a curve toward the east, ending at the intersection of Barber Street and Tracy Drive. The re-alignment of Pelican Island Place will start 301 If.:!: north of the intersection, and end at the intersection. Minor modifications will also be necessary at the intersection of Barber Street and Empire Terrace. Attached as Exhibit 'B' is a cost estimate for the proposed improvements. Attached as Exhibit 'C' is a sketch depicting several centerline roadway alignments with various design criteria (design speed, super evaluation/no super evaluation, and corresponding radius). The recommended design permits a design speed of 45 mph with minimal super evaluation (e = 0.02) and maintains acceptable clearance from Lot 2, which is not proposed to be purchased from I.R.C. Attached as Exhibit 'E' is an aerial with proposed alignment overlaid. RIW ACQUISITION I.R.C. has been acquiring lots along the proposed re-alignment of Barber Street for several years as the opportunity permits. Jim Davis, P.E. has indicated that he has obtained all but four lots within the vicinity of this project, of which two (2) are critical for this project to be built. (lot no.'s 1, 18 - see attached Exhibit '0'). He has recently (July 2004) submitted requests to all lot owners except lot 18, @) @ Page 3 of 3 and expects to hear a response. The owner of lot 18 is the school board, which will need to be contacted for purchase (source: Jim Davis, meeting on 7/19/04). FUNDING Existing impact fee funds have been used to purchase the lots. In the future, the same funding source could be used for the design and cOnstruction of this improvement when it becomes a priority. At this time, it is not seen as a priority, and funding is not budgeted. At a future time, it will probably be part of a larger project (source: Jim Davis - meeting on.7/19104). Upon your review of the attached documentation and proposal (Work Authorization No.1), please call me to set up a meeting for further discussion. Sincerely, Joseph W. Schulke, P. E. Enclosures <'l o o II " ...I\., (0 ~8 8 - ~~ 0: e raffi U)ro ~~ 0 G O:r.!l o..z . g ~<( ~ e ;0 Cl <( C!J e z t;; 15 e ~ u.; J YI [js~1~tl -- 0: PLACE -1-- ===== x 0.. ::E ~ >. ~ ~ e~ ~ ~ 0 C>:: '" 0 III C'l 0 Iii "- 0 13 C>:: "- g b N ~ Z Z 0 U o z Bi~ -== GSQ o - C>:: ~ ~ 8 e (0 e .... z :J ~ J: 5 o VI ,e::, [-_/ i1i', -, --, \ I I I =J 3f.IHG- ~! rv e 15 ~ o .... III o 0.. o C>:: 0.. 110\- 1'-=/ )-, ~ :@~ . ~ I@~ ail ?i: .;: ~ o C>:: b N Iii 8 c.. ~ ~ ~ z 8 ~ ;: ~ r.!l Z ~ (j Iii~ 15;<: o~ f'oC>:: ~~ z 8 'b '" . u ~ ~.J~ ~ ~!i Q~o o<e E-I Cf.l "" u:l ~ :>l ~~r.: r-.' ~ ~ a Cl~ b~~ .~~~. ~S~: ~~~! ~ 0 >-1 U ~, ...' : I tZi ~ ! 1-1 ~ E-I . ~~~ .~~~ ~CI)'<! .~~~ ~~~ Q<J;l;: ril~rr. ~ ~ ;~~ REALIGNMENT OF THE INTERSECTION OF BARBER STREET/PELICAN ISLAND PLACE EXHIBIT B - "CONSTRUCTION COST ESTIMATE" J DESCRIPTION I UNIT IQUANTITYI UNIT PRICE I TlIlTAL CLEARINGIEARTHWORK I Mobilization LS I $15,000.00 1 $15,000.00 . IU~ LO~ ,.<-,. M'; I ~);I~I..U{j Igemo. ::lingaVement )I J: 'I ~;. I cmo ram ;wvcrts (Road) ~ ~ eDlOJ .unvewa~ --.l I 'cmo~L'ill1ewallC I )~IU. :!'ollution cmtionl )],)W. I O)"..Juu. u to ~,~~ I LIS I ~ II >I ~ I~'~ I >I IN. S6.00 1'S-3 I IN 3568 MAO $15,699.20 Sidewalk"!' Wid. SF 4264 1$3.00 $'12,792.00 , Paved.Areas IN 4163 I $1.35 55,620.05 Gmdhl8, Groen Are.. IN 11159 I $0.90 $10,043.10 Driveways (3).4" Concreto SF 3407 I $3.00 510,221.00 Driveway CulvertslMES BA I ..L SI.500.00 51,500.00 DrivcwayCulverts (K08<lI BA 2' $2,000.00 54,000.00 StrininJdSignage LS I $3,000.00 53,000.00 Final Grad. For Sod LS I I 51,200.00 51,200.00 Sod IN 127541' 51.55 ' $19,768.70 1 Subtotal 5156,187.75 11I1LITY I Relocate F.H. BA 11 $3,000.00 $3,000.00 ' Reset Valve<s) BA I 3 $200.00 S600.OO Relocate O.H.B. LS II I $10,000.00 SIO,OOO.oo , Snbtotal 513,600.00 PROFESSIONAL I Construction -W I 54,000.00 54,000.00 Testing (Soils) I $650.00 5650.00 AJ.Builts /LS I 55 000.00 55,000.00 I " Subtotal 59,650.00 SUBTOTALS / CLl!ARINGlIlARlHWORK 538,304.50 PA VINGlDRAINAGE $156,187.75 urn.1TY PROFESSIONAL . \). ~\ 513,600.00 $9,650.00 CONTINGENCY (10%) SUBTOTAL $117.742.25 S11.774.23 $139,516.48 GRAND TOTAL @ ~~l e 18181 -'v e ~ I~A"Q-~ ~ ~ (0 I\I@ @ e I@ (0 e \@ e ~ e ,@e '" <0 ... z. 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""".t,......_..' ..."....-.."1....."""'"'..',,0l1li,, 1II.,IIIlIIIIII' .."...",>'tllll.:'IIIII''''''...III,,"''''..'IIII.''.... .. . """IIIIIIII:,."'_': :: ". ":'"..'IIlIIII,,"', ..;,IIIIl..""I, . III'".,''''' -._' ,.<.' ','. " I'." '" .,.111. 'I u .j ... . c ....J "-' ~ ~ ...~ ~ ~ ~1.';Iil.J~ ~2"'-2 ..... .,di ~ ...... ..l<';! Q ~gj,< ~ i:l0~ o Z 0:'" L. <~ '" r- tIJ"':"'" ", ..,. ",;l; ...,~.I-'ot (") O. o(lf;l:l~~ ~ ~~C ....J ~~... ~ r.1 oj ~ ~Clo:... l-I ~~~ ~ E.dilo ~...:lz!:: J;;J;:I ~....~ ~'oo'" I=! ~~.~.; U~z ::;0 . :I:: ~ U rF.J " .'i y_,~ '. :Y~~kl .~., .~ .~ ~ o "E-t Z ~.~ . . J;;J;:I..:l .~. r..~ S2~Z ...:l 00 ::l. <~E-t . >-C. J;;J;:I CI) <.~< ~~~ ~ <. .ril <~oo o ~ ~ 00 ~ ~ f:: fOl- ~ ~~ ~tIJ... ~ REALIGNMENT OF THE INTERSECTION OF BARBER STREETIPELICAN ISLAND PLACE EXHIBIT B - "CONSTRUCTION COST ESTIMATE" DESCRIPTION UNIT QUANTITY I UNITPRlCE I TOTAL CLEARINGIEARTHWORK Mobilization LS ] $25,000.00 $25,000.00 Clear Lots I, ]2-]8 AC 1.3 $7,500.00 $9,750.00 Demo. EXlstmg Pavement '~Y 3527 $5.0 $17,635.00 Demo. Dram Culverts (Road) tlA 2 $75u.uO $1,5uu.00 Demo, Driveways tlA 3 $],ooo.uu $3,000.00 Demo, EXIstIng SIdewalk ~F 540 $1.50 $8] 0.00 Pollution PreventIonl L~ ] $]u,ooo.OU $10,000.00 Subtotal . $07,09..utI PAVINGIDRAINAGJ> - M.U.T L~ ] $2U,UOO.00 $20,000.0{ ]2" ~tablnzed Subgrade S 4]63 $j.5u $14,570.5l 8" UlC uina ~: 3865 $14.utI $54,I1U.Ul ] 114" S.] I SY 3568 $8.00 $28,544.00 I" S-3 I SY 3568 $7.25 $25,868.00 Sidewalk-4' Wide SF 4264 $3.25 $13,858.00 Grading, Paved Areas SY 4163 $1.35 $5,620.05 Grading, Greeu Areas SY 11I59 $0.90 $10,043.10 Driveways (3) - 4" Concrete SF 3407 $325 $11,072.75 Driveway Cu]vertslMES EA ] $],500.00 $],500.00 Driveway Culverts lRoad) EA 2 $2,000.00 $4,000.00 StripiuglSiguage LS ] $5,000.00 $5,000.00 Final Grade For Sod LS ] $2,000.00 $2,000.00 Sod SY ]2754 $2.70 $34,435.80 - Subtotal $230,622.20 UTILITY - - RelocateF.H. EA ] $3,000.00 $3,000.00 Reset Valvels) EA 3 $500.00 $'],500.00 - Relocate O.H.E. LS ] $25,000.00 $25,000.00 Subtotal $29,500.00 PROFESSIONAL Construction Stakeout LS ] $6,000.00 $6,000.00 Testing (Soils) - LS ] $],500.00 $1,500.00 As-Builts LS ] $6,000,00 $6,000.00 -- Subtotal $13,500.00 SUBTOTALS CLEARlNGJEARTHWORX. PAVINGIDRAINAGE UTILIIY PROFESSIONAL $67,695.00 $230,622.20 $29,500.00 $]3,500.00 SUBTOTAL GRAND TOTAL $34],317.20 $34.131.72 $375,448.92 CONTINGENCY (10%) @ BID TABULATION FORM DITCH MOWING SERVICES Bid Openeing: September 19, 2005 at 2:00 PM CONLON LANDSCAPING SEBASTIAN, FL ITEM DESCRIPTION QUANTITY UNIT UNIT ITEM TOTAL NO. PRICE BASE BID: FIRST THREE CUTS . . I Perform mowing services of entire twenty feel 46.8 Acres $70.00 $3.276.00 Easement (Small Ditches) 2 Perform mowing services of entire thirty fee 218.6 Acres $70.00 $15.302.00 Ril!btofWavfMediumDitches) . 3 Perfunn mowing services of entire Right of Way 114.8 Acres $70.00 $8.036.00 exceedilll! thirtv feet (f ""'e Ditches) TOTAL BASE BID $26.614.00 ALTERNATE 1: FOURTH CUT 4 Perfunn mowing services of entire twenty fee 15.6 Acres $65.00 $1.014.00 Easement (Small Ditches) 5 perform mowing services of entire thirty feet 72.9 Acres $65.00 $4.738.50 Rieht ofWav !Medium Ditches) 6 Perform mowing services of entire Right of Wa' 38.3 Acres $65.00 $2.489.50 ex .! thirtv feet (f ..m.e Ditches) TOTAL. ALTERNATE 1 $8.242.00 ALTERNATE 3: ADDITION CLEARING WORK 7 Clearing . of woody vegetation within Easement or' ofWa Areas TOTAL ALTERNATE 3 135,000 S.F. $1.85 $249.750.00 $249 750.00 GRAND TOTAL $284.606.00 @) tJ':J. 201 :IE a.. I/) 0 w C') 0 N ~ .. :IE l'II II) a: w 0 0 I/) 0 u. 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